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Home My WebLink AboutCity Council - 10/07/2025Agenda Eden Prairie City Council Workshop 5:30 p.m. Tuesday, Oct. 7, 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 Eden Prairie School Board Members: Chair Aaron Casper, Vice Chair Steve Bartz, Clerk Abby Libsack, Treasurer Ann Bradsher, Board Members Debjyoti "DD" Dwivedy, Kim Ross, and Jody Ward-Rannow Eden Prairie School Staff: Superintendent Josh Swanson, Executive Director of Community Education Shawn Hoffman-Bram, Executive Director of Marketing & Communications Dirk Tedmon, Executive Director of Business Services Andrew Adams, and Executive Assistants Nikki Schandle and Brenda Haynes MEETING AGENDA Heritage Rooms I. Dinner 5 to 5:30 p.m. II. Welcome and Introduction 5:30 to 5:35 p.m. III. City Quality of Life Community Survey Results 5:35 to 5:45 p.m. IV. School District Survey Results 5:45 to 6 p.m. V. City-wide Demographic Trends 6 to 6:10 p.m. VI. City Housing Development Trends 6:10 to 6:30 p.m. Council Chambers VII. Open Podium VIII. Adjournment Agenda Eden Prairie City Council Meeting 7 p.m. Tuesday, Oct. 7, 2025 City Center Council Chambers 8080 Mitchell Road Eden Prairie, MN 55344 ATTENDEES City Council Members: Mayor Ron Case, Council Members Kathy Nelson, Mark Freiberg, PG Narayanan, and Lisa Toomey City Staff: City Manager Rick Getschow, Public Works Director Robert Ellis, Community Development Director Julie Klima, Parks and Recreation Director Amy Markle, Police Chief Matt Sackett, Fire Chief Scott Gerber, Administrative Services/HR Director Alecia Rose, and City Attorney Maggie Neuville MEETING AGENDA I. Call the Meeting to Order II. Pledge of Allegiance III. Open Podium Invitation IV. Proclamations and Presentations A. Adopt Resolution accepting Parks and Recreation summer 2025 donations V. Approval of Agenda and Other Items of Business VI. Minutes A. City Council Workshop held Tuesday, September 16, 2025 B. City Council Meeting held Tuesday, September 16, 2025 VII. Consent Calendar A. Clerk’s List B. Prairie Village by Hupp Holdings IX, LLC. Approve second reading of Ordinance for PUD District Review with waivers on 0.46 acres, adopt Resolution for Site Plan Review on 0.46 acres, approve Development Agreement C. Adopt Resolutions approving certification of delinquent charges for false alarm user fees to the Hennepin County Auditor CITY COUNCIL MEETING AGENDA October 7, 2025 Page 2 D. Approve amendment #1 to Joint Powers Agreement between City of Eden Prairie and Hennepin County Human Services and Public Health Department extending embedded social worker agreement to December 31, 2027 E. Approve professional services agreement for Magnolia Trail connection project final design with Houston Engineering, Inc. F. Adopt amended Pedestrian Crossing Treatment guidelines G. Approve 2026 vehicle and equipment purchase and declare old vehicles as surplus and authorize disposal H. Approve professional services agreement for instrumentation and controls maintenance services for the city’s wells, lift stations, and water treatment plant with Advanced Engineering and Environmental Services, Inc. I. Approve professional services agreement for pipeline assessment services with Rezatec J. Authorize purchase of two traffic signal battery backup cabinets from Povolny Specialties K. Approve standard agreement for contracted services for maintenance of native conversion planting areas with Native Resource Preservation L. Accept proposal and authorize entering a contract for goods and services for Richard T. Anderson Conservation Area maintenance trail prairie restoration with Landbridge Ecological Services M. Approve agreement for Homeward Hills Playground project construction administration with WSB N. Approve agreement for purchase of Homeward Hills Playground equipment with St. Croix Recreation Inc. O. Approve agreement for purchase of Homeward Hills Splash Pad equipment with Commercial Recreation Specialists P. Authorize entering into agreement for July 4, 2026 fireworks display with RES Pyro Q. Approve Eden Prairie Police Department and City Office renovation change orders to correct utility, plumbing, and storm drainage conditions with Core Mechanical Services, LLC and Minnesota Utilities and Excavating, LLC R. Award contract to seal Fire Station 4 apparatus bay floor to Concrete Science S. Approve quote and authorize LOGIS to replace IT network switches at various city CITY COUNCIL MEETING AGENDA October 7, 2025 Page 3 locations VIII. Public Hearings and Meetings IX. Payment of Claims X. Ordinances and Resolutions XI. Petitions, Requests, and Communications XII. Appointments XIII. Reports A. Reports of Council Members B. Report of City Manager C. Report of Community Development Director D. Report of Parks and Recreation Director 1. Homeward Hills Park Improvement Update E. Report of Public Works Director F. Report of Police Chief 1. Eden Prairie Crime Prevention Fund support in the community G. Report of Fire Chief H. Report of City Attorney XIV. Other Business A. Closed session for utilities division property purchase XV. Adjournment City Council Agenda Cover Memo Date: Oct. 7, 2025 Section: Proclamations and Presentations Item Number: IV.A. Department: Parks and Recreation ITEM DESCRIPTION 2025 summer quarter donations to the Parks and Recreation Department REQUESTED ACTION Move to: Adopt a Resolution accepting the following donations: • Crime Prevention Fund - $5,000 – Safety Camp • T-Mobile - $500 – Harvest to Halloween • Griswold Care - $100 – Senior Center Noon Years Eve • Summit Place - $250 – Senior Center Golf Classic • Elim Shores - $100 – Senior Center Golf Classic • Veridian Credit Union - $1,000 – Harvest to Halloween SUMMARY These donations will help Eden Prairie’s mission to provide quality special events, programs, and educational activities at little or no cost to residents. ATTACHMENTS Resolution Summer 2025 Quarterly Park and Recreation Donations The Park and Recreation Department has received the following donations in the past quarter: • Crime Prevention Fund - $5,000 – Safety Camp • T-Mobile - $500 – Harvest to Halloween • Griswold Care - $100 – Senior Center Noon Years Eve • Summit Place - $250 – Senior Center Golf Classic • Elim Shores - $100 – Senior Center Golf Classic • Veridian Credit Union - $1,000 – Harvest to Halloween These donations, totaling $6,950, allow the City to offer special events, programs, and educational activities at little or no cost to residents. CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2025-__ RESOLUTION RELATING TO ACCEPTANCE OF GIFTS BE IT RESOLVED BY THE EDEN PRAIRIE CITY COUNCIL THAT: The gift to the City of $5,000 from Crime Prevention Fund for 2025 Safety Camp is hereby recognized and accepted by the Eden Prairie City Council. The gift to the City of $500 from T-Mobile for 2025 Harvest to Halloween event is hereby recognized and accepted by the Eden Prairie City Council. The gift to the City of $100 from Griswold Care for 2025 Senior Center events is hereby recognized and accepted by the Eden Prairie City Council. The gift to the City of $250 from Summit Place for 2025 Senior Center events is hereby recognized and accepted by the Eden Prairie City Council. The gift to the City of $100 from Elim Shores for 2025 Senior Center events is hereby recognized and accepted by the Eden Prairie City Council. The gift to the City of $1,000 from Veridian Credit Union for 2025 Harvest to Halloween event is hereby recognized and accepted by the Eden Prairie City Council. ADOPTED by the City Council of the City of Eden Prairie this 7th day of October, 2025. ___________________________ Ronald A. Case, Mayor ATTEST: ___________________________ David Teigland, City Clerk Unapproved Minutes Eden Prairie City Council Workshop 5:30 p.m. Tuesday, Sept. 16, 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 Council Chambers I. Open Podium A. Steve Wagner, 9325 Wilderness Cove, tax levy information Wagner suggested the City consider additional ways to disseminate tax levy information, such as a mailer. The Truth in Taxation information is difficult to interpret. The City provides information on taxes for the median valued home, which is not transferrable for properties valued higher or lower than the median. Acting Mayor Nelson thanked Wagner for his time. II. Adjournment Unapproved Minutes Eden Prairie City Council Meeting 7 p.m. Tuesday, Sept. 16, 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, Administrative Services/HR Director Alecia Rose, Police Chief Matt Sackett, Fire Chief Scott Gerber, and City Attorney Maggie Neuville MEETING AGENDA I. Call the Meeting to Order Acting Mayor Nelson called the meeting to order at 7 p.m. Mayor Ron Case and Councilmember Mark Freiberg were absent. II. Pledge of Allegiance III. Open Podium Invitation IV. Proclamations and Presentations V. Approval of Agenda and Other Items of Business MOTION: Toomey moved, seconded by Narayanan, to approve the agenda as published. Motion carried 3-0. VI. Minutes MOTION: Acting Mayor Nelson moved, seconded by Narayanan, to approve the minutes of the Council workshop held Tuesday, September 2, 2025, and the City Council meeting held Tuesday, September 2, 2025, as published. Motion carried 3-0. VII. Consent Calendar A. Clerk’s List B. Aspen Estates by Bill Welch. Approve second Reading of Ordinance No. 16-2025 for Zoning District Change from I-2 to RM-2.5 on 0.908 acres and from Rural to CITY COUNCIL MEETING AGENDA September 16, 2025 Page 2 RM-2.5 on 0.199 acres, approve Resolution No. 2025-081 for Site Plan, approve Resolution No. 2025-082 for Conditional approval of Development Agreement C. Lower Minnesota River Watershed District Zoning District Change by Lower Minnesota River Watershed District. Approve second reading of Ordinance No. 17- 2025 for Zoning District Change from Rural to Park/ Open Space on 4.2 acres D. Adopt Resolution No. 2025-083 approving Aspen Estates final plat E. Adopt Resolution No. 2025-084 approving application for standalone noise barrier program and cost sharing with MnDOT F. Adopt Resolution No. 2025-085 declaring costs to be assessed, ordering preparation of special assessment roll, and setting hearing date G. Reject all bids for the Dell Road improvement project H. Accept deed conveying Outlot A, Oakparke Estates 4th Addition to the City and Approve Encroachment Agreement with Oakparke Twinhome Homeowners’ Association, Inc. I. Approve professional services agreement for 2026-2027 Bridge Safety Inspection Services with Erickson Engineering Co., LLC J. Approve standard agreement for contracted services for the conversion and maintenance of native conversion planting areas with Landbridge Ecological, LCC K. Award contract for reconstruction of Hennepin Town Road trail to BKJ Excavating L. Approve construction contract agreement for Homeward Hills Playground Renovation with Pember Companies, Inc. M. Approve standard construction contract for Staring Lake Amphitheater Expansion with Hamburg Builders N. Approve standard contract for goods and services for the purchase of 18 strength machines for Eden Prairie Community Center with Life Fitness O. Approve standard construction contract for maintenance facility office remodel with Hamburg Builders Group P. Approve contract with UKG, Inc. as a Human Resources Information System and Payroll Service Provider MOTION: Narayanan moved, seconded by Toomey, to approve Items A-P on the Consent Calendar. Motion carried 3-0. CITY COUNCIL MEETING AGENDA September 16, 2025 Page 3 VIII. Public Hearings and Meetings A. Adopt Resolution No. 2025-086 vacating Lot 1, Block 2, Aztec Drive Addition Drainage and Utility Easements Getschow explained the developer of Aspen Estates Assisted Living & Memory Care has requested the vacation of the drainage and utility easements as dedicated on Lot 1, Block 2, Aztec Drive Addition, Hennepin County, Minnesota, to facilitate the plat of Aspen Estates. New drainage and utility easements will be dedicated with the plat of Aspen Estates. The vacation of said easements shall be conditioned on the recording of the plat of Aspen Estates. No one wished to address the Council. MOTION: Toomey moved, seconded by Narayanan, to close the public hearing and adopt Resolution No. 2025-086 vacating the drainage and utility easements. Motion carried 3-0. IX. Payment of Claims MOTION: Narayanan moved, seconded by Toomey, to approve the payment of claims as submitted. Motion was approved on a roll call vote, with Narayanan, Toomey, and Nelson voting “aye.” X. Ordinances and Resolutions XI. Petitions, Requests, and Communications XII. Appointments XIII. Reports A. Reports of Council Members B. Report of City Manager C. Report of Community Development Director D. Report of Parks and Recreation Director E. Report of Public Works Director 1. Pedestrian Crossing Treatment Guidelines update CITY COUNCIL MEETING AGENDA September 16, 2025 Page 4 Public Works Director Robert Ellis pointed out that at the September 2, 2025, City Council meeting there was discussion about the City’s Pedestrian Crossing Treatment Guidelines in light of the recent pedestrian hit and run accident at Mitchell Road and Chestnut Drive. Based on current Guidelines, the intersection should be treated with a marked crosswalk and roadside pedestrian crossing warning signs due to the posted speed limit, number of crossing lanes, vehicle volumes, and pedestrian counts. Those features, and an in-road “Stop of Pedestrians in Crossing” sign, are present at this location. Ellis explained possible amendments to the Pedestrian Crossing Treatment Guidelines including introducing a roadway classification evaluation, reducing the vehicle volume threshold, creating a provision for shoulders to count as a lane, and considering pedestrian accident history. The result of this change would mean an estimated 21 intersections might now be eligible for an RRFB installation, with Mitchell Road at Chestnut being one of them. The average installation of each RRFB is $40,000. Toomey asked if the light rail crosswalks are included in the calculations. Ellis confirmed crosswalks associated with the light rail are included. Toomey asked if there are grant funds available for RRFBs. Ellis noted the City is installing two RRFBs in 2025 thanks to grant funding. Narayanan asked if there is an alternative to an RRFB that is more affordable. Ellis stated staff are installing the two pending RRFBs to cut down on labor costs. Narayanan asked if there is a criterion in the calculation that accounts for proximity to parks or schools. Ellis confirmed proximity to parks, light rails, and trails is considered in the calculations. Acting Mayor Nelson suggested that the higher-ranked crosswalks be addressed sooner than the others. Acting Mayor Nelson thanked Staff for the speedy response to the recent incident. Narayanan asked if there is a portable RRFB. Ellis stated he is unaware of a portable RRFB. Acting Mayor Nelson noted there are temporary traffic signs along Mitchell. F. Report of Police Chief CITY COUNCIL MEETING AGENDA September 16, 2025 Page 5 G. Report of Fire Chief H. Report of City Attorney XIV. Other Business Getschow pointed out the Citywide Open House is October 4, 2025. XV. Adjournment MOTION: Narayanan moved, seconded by Toomey, to adjourn the meeting. Motion carried 3-0. Mayor Case adjourned the meeting at 7:22 p.m. City Council Agenda Cover Memo Date: Oct. 7, 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: Pax Christi Catholic Community Place: Pax Christi Catholic Community 12100 Pioneer Trail Date: November 22, 2025 On-Sale and Sunday Liquor License 2AM Closing Permit - Renewal Old Chicago Taproom II, LLC DBA: Old Chicago Pizza & Taproom City Council Agenda Cover Memo Date: Oct. 7, 2025 Section: Consent Calendar Item Number: VII.B. Department: Community Development / Planning Julie Klima / Sarah Strain ITEM DESCRIPTION Hupp Holdings, IX LLC is requesting approval to construct an approximately 1,144 square foot addition onto the existing building at 7815 Terrey Pine Court. The 0.46- acre site is home to Prairie Village Pet Hospital, which will be expanded and remodeled as part of this site work. The site is located in the Shoreland Overlay zoning district as it is within 1,000 feet of Mitchell Lake. Two waivers are requested in this application, one for parking setbacks and one for impervious surface coverage. REQUESTED ACTION Move to: •Approve the 2nd reading of an Ordinance for a PUD District Review with waivers on 0.46 acres •Adopt a Resolution for a Site Plan Review on 0.46 acres •Approve the Development Agreement for Prairie Village Pet Hospital SUMMARY This is the final approval of the Prairie Village Pet Hospital project. The 120-day review period expires on November 12, 2025. ATTACHMENTS Ordinance for PUD Ordinance Summary Resolution for Site Plan Development Agreement PRAIRIE VILLAGE PET HOSPITAL 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 Office (OFC) 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 Office (OFC) 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 October 7, 2025 entered into between Hupp Holdings IX, LLC, a Minnesota limited liability corporation, 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 2nd Day of September 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 7th day of October, 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 3, Block 1, MITCHELL LAKE ESTATES 2ND ADDITION, Hennepin County, Minnesota. PRAIRIE VILLAGE PET HOSPITAL 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 Office (OFC) 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 PRAIRIE VILLAGE PET HOSPITAL BY HUPP HOLDINGS IX, LLC WHEREAS, Hupp Holdings IX, LLC, has applied for Site Plan approval of Prairie Village Pet Hospital to construct an approximately 1,144 square foot addition onto the existing building; WHEREAS, zoning approval for Prairie Village Pet Hospital was granted by an Ordinance approved by the City Council on October 7, 2025; and WHEREAS, the Planning Commission reviewed said application at a public hearing at its July 28, 2025 meeting and recommended approval of said site plans; and WHEREAS, the City Council has reviewed said application at a public hearing at its September 2, 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 Hupp Holdings IX, LLC, subject to the Development Agreement between Hupp Holdings IX, LLC, and the City of Eden Prairie, reviewed and approved by the City Council on October 7, 2025. ADOPTED by the City Council of the City of Eden Prairie this 7th day of October, 2025. _____________________________ Ronald A. Case, Mayor ATTEST: ___________________________ David Teigland, City Clerk EXHIBIT A Site Plan Legal Description: Lot 3, Block 1, MITCHELL LAKE ESTATES 2ND ADDITION, Hennepin County, Minnesota. 1 Prairie Village Pet Hospital Development Agreement DEVELOPMENT AGREEMENT Prairie Village Pet Hospital THIS DEVELOPMENT AGREEMENT (“Agreement”) is entered into as of __________, 2025, by Hupp Holdings IX, LLC, a Minnesota limited liability company, hereinafter referred to as “Developer,” its successors and assigns, and the CITY OF EDEN PRAIRIE, a municipal corporation, hereinafter referred to as “City”: WITNESSETH: WHEREAS, Developer has applied to City for Planned Unit Development Concept Review on 0.46 acres, Planned Unit Development District Review with waivers on 0.46 acres, and Site Plan Review on 0.46 acres, (the “Applications”), for real property legally described on Exhibit A (the “Property”); NOW, THEREFORE, in consideration of the City adopting Resolution No. __________ for Planned Unit Development Concept Review with waivers, Ordinance No. __________ for Planned Unit Development District Review on 0.46 acres and Resolution No. ____________ for Site Plan Review, Developer agrees to construct, develop and maintain the Property as follows: 1. PLANS: Developer must develop the Property in conformance with the materials revised and stamp dated August 25, 2025, reviewed and approved by the City Council on September 2, 2025, identified on Exhibit B (hereinafter the “Plans”), subject to such changes and modifications as provided herein. 2 Prairie Village Pet Hospital Development Agreement 2. EXHIBIT C: Developer agrees to the terms, covenants, agreements, and conditions set forth in Exhibit C. 3. EXTERIOR MATERIALS: As part of the building permit application materials, Developer must submit to the City Planner and receive the City Planner’s written approval of a plan depicting exterior materials and colors to be used on the buildings on the Property consistent with the Exhibit B Plans. Prior to issuance of any occupancy permit for the Property, Developer must complete implementation of the approved exterior materials and colors plan in accordance with the terms and conditions of Exhibit C. 4. IRRIGATION PLAN: If irrigation is installed on the Property, Developer must submit to the City Planner and receive the City Planner’s written approval of a plan for irrigation of the landscaped areas on the Property. The irrigation plan must be designed so that water is not directed on or over public trails and sidewalks. Irrigation systems requiring a water meter shall be billed to a taxable property. Developer must complete implementation of the approved irrigation plan in accordance with the terms and conditions of Exhibit C. 5. LANDSCAPE & TREE REPLACEMENT PLAN: Prior to issuance of a building permit, the Developer must submit to the City Planner and receive the City Planner’s written approval of an executed landscape agreement and a final landscape or tree replacement plan for the Property. The approved landscape or tree replacement plan must be consistent with the quantity, type, and size of all plant materials shown on the landscape or tree replacement plan on the Exhibit B Plans and including all proposed trees, shrubs, perennials, and grasses. The approved landscape or tree replacement plan must include replacement trees of a 2.5-inch diameter minimum size for a shade tree and a 6-foot minimum height for conifer trees. The approved landscape or tree replacement plan must also provide that, should actual tree loss exceed that calculated herein, Developer must provide tree replacement on a caliper inch per caliper inch basis for such excess loss. Prior to building permit issuance, Developer must also submit to the City Planner and receive the City Planner's written approval of a security in the form of a cash escrow or letter of credit equal to 150% of the cost of the tree and landscape improvements including all proposed trees, shrubs, perennials, and grasses as depicted on the landscape and/or tree replacement plan on the Exhibit B Plans (the “Landscape Security”). The Landscape Security will be held for two full growing seasons after the installation of all plantings and inspection by the City. A growing season is the part of the year during which rainfall and temperature allow plants to grow (approximately April-October). The installation must conform to the approved landscape or tree replacement plan including but not limited to the size, species and location as depicted on the Exhibit B Plans. Any 3 Prairie Village Pet Hospital Development Agreement changes proposed to the landscape plan or landscaping installed on the Property, including but not limited to removal and relocation, must be reviewed and approved by the City Planner prior to implementing such changes. Developer must complete implementation of the approved landscape or tree replacement plan as depicted on the Exhibit B Plans and in accordance with the terms and conditions of Exhibit C of this Agreement. The Landscape Security will be released in accordance with the terms of the landscape agreement. 6. MECHANICAL EQUIPMENT SCREENING: Developer must screen all mechanical equipment on the Property. For purposes of this paragraph, “mechanical equipment” includes gas meters, electrical conduits, water meters, and standard heating, ventilating, and air-conditioning units. Financial security to guarantee construction of such screening is included with the Landscape Security. Developer must complete construction of mechanical equipment screening prior to issuance of any occupancy permit for the Property. If, after completion of construction of the mechanical equipment screening, it is determined by the City Planner, in his or her sole discretion, that the constructed screening does not meet City Code requirements to screen mechanical equipment from public streets and differing, adjacent land uses, then the City Planner will notify Developer and Developer must take corrective action to reconstruct the mechanical equipment screening in order to cure the deficiencies identified by the City Planner. Developer agrees that the City will not release the Landscape Security until Developer completes all such corrective measures. 7. OTHER AGENCY APPROVALS: The Developer must submit copies of all necessary approvals issued by other agencies for the project to the City Engineer. These submittals are required prior to issuance by the City of the corresponding City permit(s). The agencies issuing such approvals include but are not necessarily limited to the following: the Minnesota Pollution Control Agency, Metropolitan Council Environmental Services, Riley Purgatory Bluff Creek Watershed District, the Minnesota Department of Health, the Minnesota Department of Transportation, and Hennepin County. The City Planner may determine that conditions of approval required by the Riley Purgatory Bluff Creek Watershed District require changes to the City approvals granted with this Agreement which may entail additional City review, including public hearing(s) for recommendation by the Planning Commission and approval by the City Council. Developer consents to such additional review as determined by the City Planner and agrees to an extension pursuant to Minn. Stat. Section 15.99 of an additional 60 days for the additional review. 8. OUTSIDE STORAGE: Developer must not permit on the Property any outside storage of inoperable automobiles, automobile parts, equipment, inventory, or refuse. 9. PROOF-OF-PARKING SPACES: Developer and City acknowledge that the two proof- of-parking spaces proposed for the Property, depicted in the Plans, are designated for use 4 Prairie Village Pet Hospital Development Agreement by Prairie Village Pet Hospital and that said spaces are not required to be constructed at this time. At such time as the City Planner, in their sole discretion, determines that it is necessary for all or a portion of the proof-of-parking spaces to be constructed to accommodate the business use, the City Planner will notify the Developer in writing of the need to construct additional parking spaces. This notification will include the number, location and timetable for construction of the additional parking spaces. Developer must comply with all requirements contained in the City Planner’s notification. 10. EMERGENCY RESPONDER RADIO COVERAGE: Property owner shall be responsible for ensuring the building meets the requirements of Minnesota State Fire Code Appendix P. 11. PUD WAIVERS GRANTED: The City hereby grants the following waivers to City Code requirements within the Office (OFC) District through the Planned Unit Development District Review for the Property and incorporates said waivers as part of PUD (list PUD number): A. Parking Setback: City Code requires a parking setback of 35 feet along a front property line. The Waiver allows a 10-foot parking setback from the front property line. B. Impervious Surface: The property is located within a shoreland area. City Code allows a maximum impervious surface area of 30 percent of the total lot area. The Waiver allows an impervious surface area of 53 percent of the total lot area. 12. RETAINING WALLS: Prior to issuance by the City of any building permit on the Property, Developer must obtain a building permit for retaining wall construction from the City for any retaining walls greater than four feet in height. Retaining walls must not be constructed in a drainage or utility easement area. The retaining wall plans submitted with the permit application must include details with respect to the height, type of materials, and method of construction to be used for the retaining walls. Developer agrees that the materials to be used will be compatible with those used on the existing wall. Developer must construct the retaining wall in accordance with the terms of the permit and terms and conditions of Exhibit C, attached hereto, prior to issuance of any occupancy permit for the Property. All maintenance and repair of all retaining walls on the Property are the responsibility of the Developer, its successors and assigns. 13. SIGNS: For each sign which requires a permit under Eden Prairie City Code Section 11.70, 5 Prairie Village Pet Hospital Development Agreement Developer must obtain a sign permit from the City. The application must include a complete description of the sign and a sketch showing the size, location, the manner of construction, and other such information as necessary to inform the City of the kind, size, material construction, and location of any such sign in accordance with the requirements of City Code, Section 11.70, Subdivision 5. 14. TRASH, RECYCLING, AND ORGANICS: Developer agrees that all trash, recycling, and organic waste bins or receptacles will be located inside of the building as depicted on the Plans at all times. 15. SALT AND SNOW STORAGE: Salt storage is not allowed on the Property unless the Property Owner and any agents, tenants, or contractors employ best management practices to minimize the discharge of polluted runoff from salt storage and: 1. The designated salt storage area is indoors; 2. The designated salt storage area is located on an impervious surface and downgradient from any Stormwater Facilities; and 3. Practices to reduce exposure when transferring material in designated salt storage areas (sweeping, diversions, and/or containment) are implemented. Salt applicators must possess current Smart Salting Level 1 and Level 2 Certification from the Minnesota Pollution Control Agency. The certified individual(s) are responsible for the application of appropriate deicing material at the proper amount and rate. Snow must not be stored in any required parking or stormwater treatment areas. If the Property does not provide adequate snow storage areas, the Developer and/or Owner must remove the snow from the Property. 16. SPECIAL FIRE PROTECTION SYSTEM: Prior to the issuance of a building permit for the building addition, Developer must submit to and obtain the approval of the Fire Chief or his designee, plans for the installation of an automatic sprinkler system for the existing building and building addition as depicted in the Exhibit B Plans that satisfies the requirements of Minnesota State Building Code Chapter 1306, as adopted by City Code § 10.01, subd. 4.. 6 Prairie Village Pet Hospital Development Agreement IN WITNESS WHEREOF, the parties to this Agreement have caused these presents to be executed as of the day and year aforesaid. CITY OF EDEN PRAIRIE By___________________________ Ronald A. Case Its Mayor By____________________________ Rick Getschow Its 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 the City Manager of the City of Eden Prairie, a Minnesota municipal corporation, on behalf of said corporation. _______________________ Notary Public 7 Prairie Village Pet Hospital Development Agreement Hupp Holdings IX, LLC, By ________________________________ Alan Hupp Its ________________________________ STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this ____ day of ____________, 2025, by Alan Hupp, the , of Hupp Holdings IX, LLC, a Minnesota limited liability company, on behalf of the company. Notary Public THIS INSTRUMENT WAS DRAFTED BY: CITY OF EDEN PRAIRIE 8080 MITCHELL ROAD EDEN PRAIRIE, MN 55344 8 Prairie Village Pet Hospital Development Agreement EXHIBIT A PRIAIRE VILLAGE PET HOSPITAL DEVELOPMENT AGREEMENT Legal Description Lot 3, Block 1, MITCHELL LAKE ESTATES 2ND ADDITION, Hennepin County, Minnesota. 9 Prairie Village Pet Hospital Development Agreement Exhibit B Site Plan dated 08/20/2025 by Lampert Architects Floor Plan dated 08/20/2025 by Lampert Architects Building Elevations dated 08/20/2025 by Lampert Architects Title Sheet, Legend, Existing Conditions & Removal Plan dated 07/16/2025 by Plowe Engineering, Inc. Grading, Drainage, and Erosion Control Plan dated 08/19/2025 by Plowe Engineering, Inc. Details & Notes dated 07/16/2025 by Plowe Engineering, Inc. Project Narrative titled City EP Land Development Application dated 08/20/2025 by Alan Hupp 10 Prairie Village Pet Hospital Development Agreement EXHIBIT C DEVELOPMENT AGREEMENT – PRAIRIE VILLAGE PET HOSPITAL 1. The Development Agreement must be recorded with the Hennepin County Recorder and/or Registrar of Titles as applicable prior to release of the final plat or, if no final plat, prior to the issuance of any permit or approval for the development, unless specifically authorized by the City Planner. 2. With respect to all portions of the Property which Developer is required to dedicate to the City on the final plat or convey to the City by deed (the “Dedicated or Conveyed Property”), Developer represents and warrants as follows: a. That at the time of dedication or conveyance, title to the Dedicated or Conveyed Property is or will be marketable fee title, free and clear of all mortgages, liens, and other encumbrances, subject to any easements or minor title imperfections acceptable to the City in its sole discretion (“Marketable Title”). Prior to final plat approval, Developer must provide title evidence satisfactory to the City Attorney establishing Marketable Title. The City, at its discretion, may require Developer to provide, at Developer’s cost, an owner’s policy of title insurance in a policy amount determined by the City, insuring Marketable Title in the name of the City after the dedication or conveyance. b. That Developer has not used, employed, deposited, stored, disposed of, placed, or otherwise allowed to come in or on the Dedicated or Conveyed Property, any hazardous substance, hazardous waste, pollutant, or contaminant, including, but not limited to those defined in or pursuant to 42 U.S.C. § 9601, et. seq., or Minn. Stat. § 115B.01, et. seq. (“Hazardous Substances”). c. That Developer has not allowed any other person to use, employ, deposit, store, dispose of, place, or otherwise have, in or on the Dedicated or Conveyed Property, any Hazardous Substances. d. That no previous owner, operator, or possessor of the Property deposited, stored, disposed of, placed, or otherwise allowed in or on the Dedicated or Conveyed Property any Hazardous Substances. Developer agrees to indemnify, defend, and hold harmless City, its successors and assigns, against any and all loss, costs, damage, or expense, including reasonable attorneys fees, that the City incurs because of the breach of any of the above representations or warranties or resulting from or due to the release or threatened release of Hazardous Substances which were, or are claimed or alleged to have been, used, employed, deposited, stored, disposed of, placed, or otherwise located or allowed to be located, in or on the Dedicated or Conveyed Property by Developer, its employees, agents, contractors, or representatives. 11 Prairie Village Pet Hospital Development Agreement 3. Developer must submit detailed construction and storm sewer plans to the relevant Watershed District for review and approval. Developer must follow all rules and recommendations of said Watershed District. 4. Developer must provide written notice to all private and public utilities prior to the commencement of any improvements on the Property. 5. The City will not issue any building permit for the construction of any building, structure, or improvement on the Property until all requirements listed in this Exhibit C have been satisfactorily addressed by Developer. Developer’s obligation to address all requirements of this Exhibit C will continue to apply notwithstanding the City’s issuance of permits or approvals for the Property. 6. Prior to release of the first building permit for the Property, and for any subsequent building permit for the Property if required by the City in its sole discretion, Developer must submit to the City Engineer for approval a master grading plan (1" =100' scale) showing existing and proposed contours, proposed streets, and lot arrangements and size, minimum floor elevations on each lot, preliminary alignment and grades for sanitary sewer, water main, and storm sewer, 100-year flood plain contours, ponding areas, tributary areas to catch basins, arrows showing direction of storm water flow on all lots, location of walks, trails, and any property deeded to the City. 7. Prior to building permit issuance, Developer must pay all fees associated with the building permit to the Building Inspections Division, including: building permit fee, plan check fee, State surcharge, metro system access charge (SAC), City SAC and City water access charge (WAC), park dedication, and other applicable fees. Developer must contact the Metropolitan Council to determine the number of SAC units. 8. Prior to building permit issuance and except as otherwise authorized in the approved Plans, all existing structures must be properly removed as required by City Code, with necessary permits obtained through the Building Inspections Division. 9. Prior to building permit issuance and except as otherwise authorized in the approved Plans, any wells and septic systems on the Property must be properly abandoned or removed as required by City Code and Hennepin County ordinance, with necessary permits obtained through the Inspections Division. 10. Prior to building permit issuance, Developer must provide an ALTA survey or site plan completed by a licensed surveyor or engineer (1" = 50’ scale) showing proposed building locations and all proposed streets, with approved street names, lot arrangements, and property lines. 11. If Developer fails to proceed in accordance with this Agreement within twenty-four (24) months of the date hereof, Developer, for itself, its successors, and assigns, will not oppose the City’s reconsideration and rescission of any Rezoning, Planned Unit Development review, Site Plan review and/or Guide Plan review approved in connection with this 12 Prairie Village Pet Hospital Development Agreement Agreement, thus restoring the status of the Property before the Development Agreement and all approvals listed above were approved. 12. This Agreement will run with the land and be binding upon and enforceable against the Property and the Owners, their successors and assigns of the Property. 13. This Agreement is a contract between the City and the Developer. No provision of this Agreement inures to the benefit of any third person, including the public at large, so as to constitute any person as a third-party beneficiary of the Agreement or of any one or more of its terms, or otherwise give rise to any cause of action for any person not a party to this Agreement. 14. Developer acknowledges that the obligations of Developer contemplated in this Agreement are special, unique, and of an extraordinary character, and that, in the event that Developer violates, or fails, or refuses to perform any covenant, condition, or provision of this Agreement, City may be without an adequate remedy at law. Developer agrees, therefore, that in the event Developer violates, fails, or refuses to perform any covenant, condition, or provision made herein, City may, at its option, institute and prosecute an action to specifically enforce such covenant, withhold permits or other City approvals, or rescind or revoke any approvals granted by the City. No remedy conferred in this Agreement is intended to be exclusive and each will be cumulative and will be in addition to every other remedy. The election of anyone or more remedies will not constitute a waiver of any other remedy. 15. No failure of the City to comply with any term, condition, or covenant of this Agreement will subject the City to liability for any claim for damages, costs or other financial or pecuniary charges. No execution on any claim, demand, cause of action or judgment may be levied upon or collected from the general credit, general fund or taxing powers of the City. 16. The Developer hereby irrevocably nominates, constitutes, and appoints and designates the City as its attorney-in-fact for the sole purpose and right to amend Exhibit A hereto to identify the legal description of the Property after platting thereof. 17. The Developer grants the City, its agents, employees, officers, and contractors a license to enter the Property to perform all work and inspections deemed appropriate by the City in conjunction with this Agreement. 18. Developer will pay upon demand to the City all costs incurred by the City in conjunction with the Applications. These costs include internal City administrative, planning and, engineering costs and consulting costs, including but not limited to legal, engineering, planning and financial, in review, investigation, administering and processing the Applications and implementation of the approvals granted by the City. 19. The City is hereby granted the option, but not the obligation, to complete or cause completion in whole or part of the Developer’s obligations under this Agreement for which 13 Prairie Village Pet Hospital Development Agreement a bond, letter of credit, cash deposit or other security ( “Security”) is required if the Developer defaults with respect to any term or condition in this Agreement for which Security is required and fails to cure such default(s) within ten (10) days after receipt of written notice thereof from the City; provided however if the nature of the cure is such that it is not possible to complete the cure within ten (10) days, it will be sufficient if the Developer has initiated and is diligently pursuing such cure. The Developer acknowledges that the City does not assume any obligations or duties of the Developer with respect to any contracts or agreements with third parties relating to the improvements unless otherwise agreed in writing by the City. The City may draw down on or make a claim against the Security, as appropriate, upon five (5) business days notice to the Developer, for any violation of the terms of this Agreement or if the Security lapses prior to the end of the required term. If the obligations for which Security is required are not completed at least thirty (30) days prior to the expiration of the Security and if the Security has not been renewed, replaced or otherwise extended beyond the expiration date, the City may also draw down or make a claim against the Security as appropriate. If the City draws down or makes a claim against the Security, the proceeds will be used to cure the default(s) and to reimburse the City for all costs and expenses, including attorney fees, incurred by the City in enforcing this Agreement. 20. In the event of a violation of City Code relating to use of the Property and construction thereon or failure to fulfill an obligation imposed upon the Developer pursuant to this Agreement, City will give 24 hours’ notice of such violation, or such longer period as determined by the City in its sole discretion given the nature of the violation, in order to allow a cure of such violation. The City need not issue a building or occupancy permit for construction or occupancy on the Property while such a violation is continuing. The existence of a violation of City Code or the failure to perform or fulfill an obligation required by this Agreement will be determined solely and conclusively by the City Manager or his or her designee. 21. Developer will release, defend, and indemnify City, its elected and appointed officials, employees, and agents from and against any and all claims, demands, lawsuits, complaints, loss, costs (including attorneys’ fees), damages and injunctions relating to any acts, failures to act, errors, omissions of Developer or Developer's consultants, contractors, subcontractors, suppliers and agents. Developer will not be released from its responsibilities to release, defend, and indemnify because of any inspection, review, or approval by City. 22. Developer acknowledges that Developer is familiar with the requirements of Chapter 11, Zoning, and Chapter 12, Subdivision Regulations, of the City Code and other applicable City ordinances affecting the development of the Property. Developer agrees to develop the Property in accordance with the requirements of all applicable City Code requirements 14 Prairie Village Pet Hospital Development Agreement and City Ordinances. 23. Developer agrees that the Property will be operated in a manner meeting all applicable noise, vibration, dust and dirt, smoke, odor and glare laws and regulations. Developer further agrees that the facility upon the Property will be operated so noise, vibration, dust and dirt, smoke, odor, and glare do not go beyond the Property boundary lines in violation of applicable laws or regulations. City Council Agenda Cover Memo Date: Oct. 7, 2025 Section: Consent Calendar Item Number: VII.C. Department: Police ITEM DESCRIPTION Delinquent false alarm fees for 2024. REQUESTED ACTION Move to: Adopt resolution approving certification of delinquent charges for false alarm user fees to the Hennepin County Auditor. SUMMARY City Code Sections 9.10A and 9.10B relate to fire alarm systems and burglar, robbery and safety alarms (the “False Alarm Code Provision”). The False Alarm Code Provisions impose user fees on alarm users whose systems report more than three false alarms per calendar year. If the fees remain unpaid 30 days after written notice from the City, the charges become delinquent. A property located at 8725 Columbine Road and another at 13000 Garden Lane has multiple delinquent false alarm user fees that remain unpaid and the City intends to certify those fees to the County Auditor. ATTACHMENTS Resolutions CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2025-__ RESOLUTION APPROVING CERTIFICATION OF DELINQUENT CHARGES FOR FALSE ALARM USER FEES TO THE HENNEPIN COUNTY AUDITOR WHEREAS, City Code Sections 9.10A and 9.10B relate to fire alarm systems and burglar, robbery, and safety alarms (the “False Alarm Code Provisions”); WHEREAS, the False Alarm Code Provisions impose user fees on alarm users whose systems report more than three false alarms per calendar year; WHEREAS, as authorized by Minn. Stat. § 336.012, the False Alarm Code Provisions provide that user fees that remain unpaid 30 days after notice from the City become delinquent charges that may be certified to the County Auditor for collection with property taxes; WHEREAS, the City Clerk has prepared a roll of properties with delinquent charges for false alarm user fees; WHEREAS, the City Clerk provided written notice to the property owners on August 19, 2025 of the City’s intention to certify the delinquent charges to the County Auditor; and WHEREAS, the delinquent charges remain unpaid. NOW, THEREFORE, BE IT RESOLVED by the Eden Prairie City Council that, pursuant to the False Alarm Code Provisions and Minn. Stat. § 336.012, the following delinquent charges be certified to the Hennepin County Auditor for collection with property taxes for the respective property: Property Address Parcel ID No. Property Owner Delinquent Charge to be Certified 8725 Columbine Road 22-116-22-11-0012 United States Postal Service 910 1st Street South Hopkins, MN 55343 $125.00 ADOPTED by the Eden Prairie City Council on October 7, 2025. ___________________________ Ronald A. Case, Mayor ATTEST: ____________________________ David Teigland, City Clerk CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2025-__ RESOLUTION APPROVING CERTIFICATION OF DELINQUENT CHARGES FOR FALSE ALARM USER FEES TO THE HENNEPIN COUNTY AUDITOR WHEREAS, City Code Sections 9.10A and 9.10B relate to fire alarm systems and burglar, robbery, and safety alarms (the “False Alarm Code Provisions”); WHEREAS, the False Alarm Code Provisions impose user fees on alarm users whose systems report more than three false alarms per calendar year; WHEREAS, as authorized by Minn. Stat. § 336.012, the False Alarm Code Provisions provide that user fees that remain unpaid 30 days after notice from the City become delinquent charges that may be certified to the County Auditor for collection with property taxes; WHEREAS, the City Clerk has prepared a roll of properties with delinquent charges for false alarm user fees; WHEREAS, the City Clerk provided written notice to the property owners on August 19, 2025 of the City’s intention to certify the delinquent charges to the County Auditor; and WHEREAS, the delinquent charges remain unpaid. NOW, THEREFORE, BE IT RESOLVED by the Eden Prairie City Council that, pursuant to the False Alarm Code Provisions and Minn. Stat. § 336.012, the following delinquent charges be certified to the Hennepin County Auditor for collection with property taxes for the respective property: Property Address Parcel ID No. Property Owner Delinquent Charge to be Certified 13000 Garden Lane 22-116-22-11-0004 FPACP3 Eden Prairie C/O Alliance Tax Advisors 6191 State Hwy 161 #100 Irving, TX 75038 $2,125.00 ADOPTED by the Eden Prairie City Council on October 7, 2025. ____________________________ Ronald A. Case, Mayor ATTEST: ____________________________ David Teigland, City Clerk City Council Agenda Cover Memo Date: Oct. 7, 2025 Section: Consent Calendar Item Number: VII.D. Department: Police Department ITEM DESCRIPTION Approve Amendment #1 to Joint Powers Agreement between City of Eden Prairie and Hennepin County Human Services and Public Health Department REQUESTED ACTION Approve Amendment #1 to the agreement between the City of Eden Prairie and Hennepin County Human Services and Public Health Department for an on-site full-time senior social worker at the Eden Prairie Police Department. This amendment will extend the term of the original agreement to December 31, 2027. SUMMARY This program will continue the Hennepin County Senior Social Worker (SSW) program full time at the Eden Prairie Police Department. For the period of January 1, 2025, through December 31, 2025, and January 1, 2026, through December 31, 2026, total payments by CITY to COUNTY shall not to exceed ($88,431) eighty-eight thousand four hundred thirty-one dollars each year, for the service and provide a workspace at the Eden Prairie Police Department for the SSW. Hennepin County will be responsible for remainder of the SSW’s pay, benefits, travel, training, and work equipment. For the period January 1, 2027, through December 31, 2027, the payments are yet to be determined. The agreement is for a 4-year period from January 1, 2024 – December 31, 2027. The Eden Prairie Police Department has seen a steady increase in service calls with a mental health component for years. This program is intended to provide more timely access for citizens of Eden Prairie to Hennepin County Human Services and Public Health Department by having a senior social worker on-site at the Eden Prairie Police Department. Other goals of the program are to increase community resource support, increase the use of non-urgent health care, improve the quality of life for those who have encounters with law enforcement, reduce arrest rates, reduce repeat calls, and reduce costs attributed to incarceration and hospitalization resulting from mental health crisis. Since inception of the program on January 1, 2022 there have been approximately 1,752 referrals to the Embedded Social Worker which 1,218 were unduplicated referrals. ATTACHMENTS Amendment #1 to Joint Powers Agreement between Hennepin County and Eden Prairie Joint Powers Agreement between Hennepin County and Eden Prairie HC #A2312127 1 August 2025 AMENDMENT #1 TO JOINT POWERS AGREEMENT BETWEEN HENNEPIN COUNTY AND CITY OF EDEN PRAIRIE This Joint Powers Agreement (“Agreement”) is made and entered into by and between the County of Hennepin, State of Minnesota (“COUNTY”) on behalf of its Human Services and Public Health Department (“HSPHD”) and City of Eden Prairie (“CITY”), 8080 Mitchell Road, Eden Prairies, Minnesota 55344, on behalf of its police department, (“POLICE DEPARTMENT”) and pursuant to the authority conferred upon them by Minn. Stat. § 471.59. The parties to this Agreement may also be referred to individually as “Party” and collectively as “Parties”. IT IS HEREBY AGREED that Agreement No. A2312127 between the above-named parties, including prior amendments or ministerial adjustments if any, is hereby amended in accordance with the provisions set forth below. Clause 3, TERM OF THE AGREEMENT, shall be amended to read: 3. TERM OF THE AGREEMENT The term of this Agreement shall be from January 1, 2024, through December 31, 2027, unless terminated earlier in accordance with the cancellation/termination provisions of this Agreement. Clause 4, PAYMENT, paragraph A., shall be amended to read: 4. PAYMENT A. In accordance with the provisions herein, CITY shall pay COUNTY as follows for 1.0 full- time Social Worker (“SW”), as that term is defined in Exhibit A, employed by COUNTY. 1. For the period January 1, 2024, through December 31, 2024, total payments by CITY to COUNTY shall not to exceed eighty-two thousand seven hundred seventeen dollars ($82,717). 2. For the period of January 1, 2025, through December 31, 2025, total payments by CITY to COUNTY shall not to exceed eighty-eight thousand four hundred thirty-one dollars ($88,431). 3. For the period of January 1, 2026, through December 31, 2026, total payments by CITY to COUNTY shall not to exceed eighty-eight thousand four hundred thirty-one dollars ($88,431). 4. For the period of January 1, 2027, through December 31, 2027, total payments by CITY to COUNTY are to be determined. This amendment shall be effective December 31, 2025. HC #A2312127 2 August 2025 Except as herein amended, the terms, conditions and provisions of said Agreement No. A2312127, including prior amendments or ministerial adjustments if any, remain in full force and effect. (The remainder of this page intentionally left blank.) HC #A2312127 3 August 2025 The Parties hereto agree to be bound by the provisions set forth in this Agreement. COUNTY OF HENNEPIN Reviewed for COUNTY by the County STATE OF MINNESOTA Attorney’s Office By: Chair of Its County Board Date: ATTEST: Deputy/Clerk of County Board Date: By: County Administrator Date: CITY OF EDEN PRAIRIE By: ___________________________________ Title: _________________________________ Date: __________________________________ By: ___________________________________ Title: _________________________________ Date: __________________________________ City Council Agenda Cover Memo Date: Oct. 7, 2025 Section: Consent Calendar Item Number: VII.E. Department: Public Works/Engineering – Adam Gadbois, Assistant City Engineer ITEM DESCRIPTION Approve Professional Services Agreement with Houston Engineering, Inc. for Design of the Magnolia Trail Connection Project. REQUESTED ACTION Move to: Approve Professional Services Agreement with Houston Engineering, Inc. for the Magnolia Trail Connection Project in the amount of $68,500.00. SUMMARY This Professional Services Agreement provides design services for construction of a new street segment connecting the two existing dead ends of Magnolia Trail. The project will construct approximately 0.05 miles of a 28-foot-wide urban street with curb and gutter, a five-foot sidewalk, storm sewer, and watermain. The improvements will eliminate two long dead ends, improve circulation, and provide more reliable emergency access for the Arrive and Fountain Place townhome associations. The watermain connection will also increase system flexibility during breaks or fire response. The project will also incorporate pavement rehabilitation along the remainder of Magnolia Trail and along Garden Lane. These streets were originally identified in the 2025 Pavement Rehabilitation Project but were incorporated into this project to reduce impacts to adjacent properties to just one construction season. The project is identified in the City’s Capital Improvement Plan for construction in 2026. Funding sources include the Capital Maintenance & Reinvestment Fund, the Utility Fund – Storm Water, and Water Access Charges. Pavement rehabilitation will be funded by the Pavement Management Fund. ATTACHMENT Professional Services Agreement (rev. 6/2024) Agreement for Professional Services This Agreement (“Agreement”) is made on the 7th day of October, 2025, between the City of Eden Prairie, Minnesota (hereinafter “City”), whose business address is 8080 Mitchell Road, Eden Prairie, MN 55344, and Houston Engineering, Inc., (“Consultant”), a Minnesota corporation (hereinafter “Consultant”) whose business address is 7510 Market Place Drive, Eden Prairie, MN 55344. 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 Final Design for the Magnolia Trail Connection project (I.C. 24811), hereinafter referred to as the “Work”. The City and Consultant agree as follows: 1. Scope of Work. The Consultant agrees to provide the professional services shown in Exhibit A (Proposal letter dated September 23, 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 October 7, 2025, through March 15, 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 $68,500.00 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: Aaron Carrell Principal Eden Prairie Office P 952.829.0700 7510 Market Place Drive | Eden Prairie, MN 55344 houstoneng.com September 23, 2025 Adam Gadbois, PE City of Eden Prairie 8080 Mitchell Road Eden Prairie, MN 55344 Re: Magnolia Trail Connection Dear Adam, HEI is pleased to provide this proposal for civil engineering services for the above-mentioned project. We understand that the goal is to connect the Magnolia Trail roadway from each of its dead ends. The existing sidewalk will be connected. Additionally, the existing watermain will be extended to create a full loop and required stormwater treatment and infrastructure will be provided as required. Coordination with the northern property may be required to obtain right-of-way or temporary construction easements for the roadway removal and associated grading. SCOPE OF SERVICES We propose to provide the following services: 1. Preliminary Design & Utility Coordination  One site visit to review existing conditions.  Develop preliminary design plans (60%) including removals, roadway plan & profile, roadway cross sections, watermain plan & profile, grading & drainage, storm sewer plan and profile, a typical section for the street reconstruction, and construction details.  Develop a preliminary engineer’s estimate.  Develop a stormwater management plan meeting RPBCWD requirements.  Coordinate and develop easement exhibits for ROW acquisition discussions.  Attend up to two (2) meetings with City Staff.  Review utility maps and field observations for utility verification.  Attend up to two (2) site meetings with all involved private utility companies for utility verification and ownership.  Coordinate any required adjustments or relocations with private utility companies. ASSUMPTIONS  Per the information within Riley Purgatory Bluff Creek Watershed District’s Rules and definitions, construction of a public transportation improvement is categorized as a linear project. We assume all stormwater management will be in accordance with subsection 3.2 (criteria for linear projects).  The City’s Attorney office will coordinate right-of-way acquisition documentation. HEI will provide figures and descriptions as needed.  Communications with adjacent property owners will be by the City. Magnolia Trail Connection September 23, 2025 Page 2 houstoneng.com  Less than one acre of disturbance is assumed, therefore a MPCA construction stormwater permit and a SWPPP will not be required.  Wetland delineation will be by others, if needed. Assumes no wetland impacts.  Geotechnical services will be by others and include a recommended pavement section and any special embankment requirements.  Project funding is exclusively by the City of Eden Prairie.  Permit fees will be paid for by the City or waived entirely.  All survey work has been previously conducted by HTPO (now HEI). If additional survey is required to complete the design, it can be provided as an additional service with City authorization.  We assume one round of City review after both preliminary design and a 90% submittal milestone.  Plan review and comment tracking will be provided using Bluebeam Studio. 2. Construction Documents  Preparation of final design drawings and specifications for contractor bidding. Includes existing conditions & removals plan, typical section, roadway plan & profile, trail plan & profile, cross-sections, grading & drainage plan, storm sewer and other utility improvements, restoration & erosion and sediment control plan, and construction details.  Update final engineer’s estimate.  Submit permit applications to the Riley Purgatory Bluff Creek Watershed District (RPBCWD) for Rule C-Erosion Prevention and Sediment Control.  Attend up to two (2) meetings with City Staff. 3. Bid Administration Includes the following tasks after completion of construction documents:  Plan distribution via QuestCDN  An on-site pre-bid meeting with contractors to allow review of access and staging requirements  Answering bidder’s questions.  Review of bids and tabulation  Letter of recommendation for award SCHEDULE We assume design will start immediately upon receive a signed contract and notice to proceed, and the project will be released for bidding by mid-February 2026 for summer construction. COMPENSATION Compensation for those items described in the Scope of Services above are estimated as follows based on our standard fee schedule: 1. Preliminary Design $ 40,500 2. Construction Documents $ 24,500 3. Bid Administration $ 3,500 TOTAL NOT-TO-EXCEED SUM $ 68,500 Magnolia Trail Connection September 23, 2025 Page 3 houstoneng.com The work outlined in this proposal will be completed in a timely manner and will commence upon return of this accepted proposal or execution of a signed contract. We assume all work will be completed in 2025. If no other contract documents are executed, Houston Engineering’s receipt of this accepted proposal will constitute a contract between both parties into which, the enclosed Houston Engineering, Inc.’s General Terms and Conditions dated September 30, 2024, are hereby incorporated by reference. This proposal is valid for sixty (60) days. We appreciate this opportunity and look forward to the possibility of working with you on this project. Sincerely, HOUSTON ENGINEERING, INC. Aaron Carrell, PE Senior Civil Engineer | Principal Direct: 952.737.4065 acarrell@houstoneng.com City Council Agenda Cover Memo Date: Oct. 7, 2025 Section: Consent Calendar Item Number: VII.F. Department: Public Works – Robert Ellis ITEM DESCRIPTION Amended Pedestrian Crossing Treatment Guidelines REQUESTED ACTION Adopt Amended Pedestrian Crossing Treatment Guidelines SUMMARY At the September 16, 2025 City Council meeting there was discussion about amending the Pedestrian Crossing Treatment Guidelines to allow for more Rectangular Rapid Flashing Beacon (RRFB) installations. Under current Guidelines, intersections would need to have some combination of a posted speed of 35+mph, three or more lanes of traffic, or traffic volumes in excess of 12,000 vpd for an RRFB. The Council expressed a desire to amend the Pedestrian Crossing Treatment Guidelines for RRFB installations so that greater emphasis is placed on roads with a higher roadway functional classification. Reducing vehicle volume requirements, accounting for shoulder lane widths, and giving more weight to intersections with a history of pedestrian accidents were also factors that the Council agreed should be considered. To accomplish this, the Engineering Division has amended the Pedestrian Crossing Treatment Guidelines by reducing the vehicle volume and speed requirements for an RRFB and taking into consideration the functional classification of a road with greatest emphasis placed on collector roads and higher. The amendment also gives additional attention to intersections that have a history of pedestrian accidents and those that have shoulders for pedestrians to cross. The result of this amendment would mean an estimated 21 intersections might now be eligible for an RRFB installation. ATTACHMENTS Amended Pedestrian Crossing Treatment Guidelines City of Eden Prairie Pedestrian Crossing Treatment Guidelines Amended October 2025 2 TABLE OF CONTENTS Executive Summary ............................................................................................................................................... 4 1.0 DEFINITIONS .................................................................................................................................................. 5 2.0 CROSSING LOCATION EVALUATION PROCEDURES AND CONSIDERATIONS ...................................... 8 2.1 Evaluation Steps ................................................................................................................................. 8 2.2 Additional Evaluation Considerations ................................................................................................. 9 2.2.1 Types of Crossing Treatments at Uncontrolled Locations .................................................. 9 2.2.2 Minimum Vehicle Volume for Treatments .......................................................................... 10 2.2.3 Minimum Pedestrian Volume for Treatments at Uncontrolled Crossing Locations ….........11 2.2.4 Definition of a Pedestrian Median Refuge and Minimum Median Refuge Width ……….... 11 2.2.5 Distance to Nearest Marked or Protected Crossing ...........................................................12 2.2.6 Conditions That May Limit the Use of RRFBs at Pedestrian Crossings. ........................... 12 2.2.7 Selecting Between a Pedestrian Traffic Signal, HAWK Beacon, or RRFBs ...................... 12 2.2.8 Signal Progression and Traffic Operational Considerations .............................................. 13 2.2.9 Differential Vehicle Queue Lengths and Pedestrian Safety ............................................... 13 2.2.10 Unmarked Pedestrian Crossing Facilitation ..................................................................... 14 2.2.11 Pedestrian Crossing Treatments at Higher Speed Roadways with Rural Character ....... 14 2.2.12 Implementation …………………………………………………………………………………..14 3.0 SUPPLEMENTAL POLICIES .......................................................................................................................... 21 3.1 Crosswalk Lighting ............................................................................................................................. 21 3.2 Avoiding Overuse of Crossing Treatments ......................................................................................... 21 3.3 Multi-Use Path Crossings ................................................................................................................... 21 3.4 Textured and Colored Pavement Treatments ..................................................................................... 21 3.5 Accessible Crosswalks ........................................................................................................................ 21 3.6 Raised Crossings at Right-Turn Bypass Islands ................................................................................. 21 3.7 Removal of Treatments ....................................................................................................................... 22 3.8 Advance Pedestrian Warning Signs ..………………………………..……………………………………...22 3 LIST OF FIGURES AND TABLES Crossing Location Evaluation Worksheet .....................................................................................................15 Figure 1 – Uncontrolled Pedestrian Crossing Treatment Flowchart .............................................................17 Figure 2 – Controlled Pedestrian Crossing Treatment Flowchart .................................................................18 Table 1 – Criteria for Crossing Treatments at Uncontrolled Locations .........................................................19 Figure 3a – City of Eden Prairie Guidelines for the Installation of Pedestrian Hybrid (HAWK) Beacons, Pedestrian Signals, or Rectangular Rapid Flash Beacon (RRFB) Signs on Low-Speed Roadways .....................................................................................................................................................20 Figure 3b – City of Eden Prairie Guidelines for the Installation of Pedestrian Hybrid (HAWK) Beacons, Pedestrian Signals, or Rectangular Rapid Flash Beacon (RRFB) Signs on High- Speed Roadways ..........................................................................................................................................20 4 Executive Summary Pedestrian crossings are an important part of our transportation system. The City of Eden Prairie implemented these Pedestrian Crossing Treatment Guidelines to establish a set of criteria, procedures, and policies that will guide the installation of crossing treatments uniformly throughout the City. Specifically, this document summarizes: • Proposed pedestrian crossing criteria and procedures for evaluating the need for crossing treatments, including a “flowchart” approach. • Specific pedestrian crossing treatments that may be applicable for a particular set of pedestrian volumes, pedestrian types, vehicular volumes, vehicular speeds, and roadway geometry. These Pedestrian Crossing Treatment Guidelines are intended to provide a consistent procedure for considering the installation of crossing treatments where needed on a case-by-case basis in the City of Eden Prairie. These Pedestrian Crossing Treatment Guidelines are based largely on the work done by the City of Boulder, Colorado’s Transportation Division. Their extensive research and analysis shaped most of the recommendations found in this guide, and similar principals have been adopted by other cities across the country. 5 1.0 DEFINITIONS Average Daily Traffic (ADT) The amount of vehicular traffic that crosses an imaginary line across a roadway in a 24-hour period. ADT information typically includes both directions of vehicle travel (if on a two-way street). Controlled Pedestrian Crossing A pedestrian crossing where motorists are required to stop by either a stop sign or traffic signal (including a HAWK beacon) Crosswalk Lighting Street lighting applied at a pedestrian crossing to help approaching motorists see a crossing pedestrian. Crosswalk lighting is at a “vehicular scale” like normal street lighting rather than a “pedestrian scale” that is often used along a sidewalk. Curb Extensions A roadway edge treatment where a curb line is bulged out toward the middle of the roadway to narrow the width of the street. Curb extensions are sometimes call “neckdowns” and are often used at the location of a pedestrian crosswalk to minimize the distance and time that a crossing pedestrian must be in the roadway and to slow traffic by narrowing travel lane widths. Differential Vehicle Queuing See also Vehicle Queue. A condition on a roadway with two or more travel lanes in a single direction where the line of stopped traffic in one travel lane is significantly longer than the line of stopped traffic in the adjacent travel lane. Differential vehicle queuing across a pedestrian crosswalk can cause a significant safety concern as it increases the potential for “multiple threat” pedestrian accidents. Gap in Traffic A gap in traffic is the space between vehicles approaching the pedestrian crossing. Gaps are typically measured in seconds, not distance, as it is the length of the gap in time that a pedestrian must be able to cross in. A directional gap is the gap between vehicles approaching in a single direction. A directional gap can be measured between vehicles in a single lane, or between vehicles approaching in the same direction but in different lanes on a multi-lane approach. If there is no median refuge at the crossing, a pedestrian will need to find an acceptable gap in traffic approaching from two directions at once. This is much more challenging than finding a gap in each approach direction separately. HAWK Beacon A pedestrian hybrid beacon is a type of crossing treatment used to both warn and control traffic at a pedestrian crossing. It actuated by a pedestrian push button and uses a combination of circular yellow and red traffic signal displays to first warn motorists of a pedestrian that is about to cross the street, then require the motorist to stop for the pedestrian crossing, and then release the motorist to proceed once the pedestrian has cleared the crossing. The Beacon is a hybrid between a pedestrian traffic signal and a stop sign. Lane A portion of the roadway surface designated for motor vehicle travel, typically in a single direction, that is delineated by pavement marking stripes. Types of lanes include: “through lanes” for travel along the length of the roadway, often through intersections; “turn lanes” which are typically on intersection approaches and provide space for left or right turning motorists; “bike lanes” which are designated for bicycle travel in the same direction as the automobile travel, are typically narrower than vehicle lanes, and are usually located along the outside edges of the roadway. Marked Crosswalk A pedestrian crossing that is delineated by white crosswalk pavement markings. Marked crosswalks are commonly delineated by a variety of traffic signs. Marked crosswalks would also have curb ramps if there is curb and gutter in an area. Median Refuge An area in the middle of a roadway where a crossing pedestrian can take shelter from approaching traffic in either direction. In the context of these guidelines, the median refuge must include a raised median of some width (see Section 2.2.4 for a description of types of median refuges). A median 6 refuge allows a pedestrian to cross each direction of approaching traffic in a separate step. By using the refuge, the pedestrian must only find an acceptable gap in traffic for one approach direction at a time. Minimum Pedestrian Volume Threshold The minimum amount of pedestrian crossing traffic (typically in a one-hour period) that must be present to “warrant” the installation of a pedestrian crossing treatment. See Section 2.2.3. Motorist Compliance Data Observations made and recorded at a pedestrian crossing where it is determined if the approaching motorist complied with their legal requirement to yield to a crossing pedestrian who is in or about to enter the crosswalk. Multiple Threat Accidents A type of pedestrian accident that occurs on a roadway with two or more lanes in the same direction. A motorist that stops for a crossing pedestrian can obscure the view of the pedestrian from another motorist approaching in the adjacent travel lane. If the second motorist does not slow down it creates the potential for a crossing pedestrian to step out in front of a high speed approach vehicle with potentially dire consequences. Multi-Use Path Crossing A location where a minimum 8’ wide multi-use path intersects a roadway at- grade and the path extends on both sides of the roadway (as shown below in A). To be considered a multi-use path crossing at an uncontrolled intersection one multi-use path must terminate at the intersection requiring a crossing to the multiuse path on the other side of the roadway (as shown below in B), or a multiuse path must intersect a roadway with a multiuse path running in the opposite direction (as shown below in C). A B C Neckdowns See Curb Extensions Pedestrian Traffic Signal A conventional traffic signal with circular red, yellow, and green displays for motorists and Walk/Don’t Walk signals for pedestrians that is applied at a pedestrian crossing. Typically, a pedestrian signal would be applied in a mid-block location since it would be considered a normal intersection related traffic signal if it were to be applied at an intersection. Raised Median An area in the middle of a roadway, commonly separating vehicles traveling in opposite directions, that is surrounded by curb and gutter and is physically raised above the surrounding pavement where vehicles travel. Raised medians often contain landscaped areas. See also Median Refuge. Rectangular Rapid Flash Beacons (RRFBs) RRFBs are small rectangular yellow flashing lights that are deployed with pedestrian crossing warning signs. They are typically actuated by a pedestrian push button and flash for a predetermined amount of time, to allow a pedestrian to cross the roadway, before going dark. RRFBs are warning devices and do not themselves create a legal requirement for a vehicle to stop when they are flashing. Eden Prairie’s pedestrian actuated flashing signs are an example of RRFBs. 7 School Crossing School Crossing defined as a crossing location where ten or more student pedestrians per hour are crossing. Tabletop Crosswalk A tabletop crosswalk is marked and signed as a pedestrian crossing. The 10-foot flat top on a typical tabletop crosswalk conforms to a desired crosswalk width. Tables shall be accompanied by a sign to warn drivers (MUTCD W17-1). There are two distinct tabletop crosswalk designs. Both use a modified version of the common 22-foot speed table: • The most common type is constructed flush against the roadside curb. • The other type is constructed on an open section (requiring a curb ramp on the raised crosswalk) or separate from the curb (requiring a curb ramp on both the curb and the raised crosswalk). A tabletop crosswalk improves pedestrian safety by causing motorist speed to decrease at the crossing. They are typically 3.0 to 3.5 inches above street level. It is common for a tabletop crosswalk to be level with the street curb. This height increases the visibility of a pedestrian in a crosswalk to a motorist. It also improves the line of sight for a pedestrian toward an oncoming vehicle. Tables may also be installed in conjunction with curb extensions. Uncontrolled Pedestrian Crossing An established pedestrian crossing that does not include a traffic signal, a HAWK beacon, or a stop sign that requires motor vehicles to stop before entering the crosswalk. For example, Eden Prairie’s crosswalks with signs and/or pedestrian actuated flashing yellow lights are considered “uncontrolled”. Vehicle Queue A line of stopped vehicles in a single travel lane, commonly caused by traffic control at an intersection. 8 2.0 CROSSING LOCATION EVALUATION PROCEDURES AND CONSIDERATIONS 2.1 Evaluation Steps Evaluation of an individual crossing location for potential crossing treatments in the City of Eden Prairie should include the following four basic steps below. Step 1: Identification and Description of Crossing Location a) Identify the pedestrian crossing location including the major street and specific location of the crossing. b) Determine if the crossing location meets the definition of a multi-use path crossing. Also, determine if the crossing provides direct access to a regional trail, transit station, school, or park. c) Note the posted speed along the major street at the crossing location. d) Identify the existing traffic control (if any) and any existing crossing treatments (signs, markings, or physical treatments), street lighting, and curb ramps. Step 2: Physical Data Collection a) Determine the existing roadway configuration including the number of lanes and the presence of painted or raised medians at the crossing location. b) Identify the nearest marked or protected crossing and measure the distance to this crossing. c) Measure the stopping sight distance (SSD) on all vehicular approaches to the crossing. If the SSD is less than eight times (8x) the posted speed limit (in feet), determine if improvements (such as removal of obstructions) and/or lowering of the posted speed limit are feasible means to mitigate the inadequate SSD. Step 3: Traffic Data Collection and Operational Observations a) Gather or collect pedestrian crossing volumes during the peak hours of use. This will typically involve AM, mid-day, and PM peak hours. Locations near schools may only require two hours of data collection (AM and PM peak hours corresponding to school opening and closing times). All pedestrian volumes should include and differentiate between pedestrians and bicyclists and should note separately the number of young, elderly, and/or disabled pedestrians. For locations where school crossing traffic is anticipated, the volume of student pedestrians (school age pedestrians on their way to/from school) should also be separately noted. Whenever possible, pedestrian and bicycle volumes should be collected during warm weather months (May through September) and during fair weather conditions to represent peak crossing activity (i.e.: no snow, rain, or high winds). If school traffic is an issue, the counts should be scheduled on school days when classes are in session. Given the potential fluctuation in pedestrian traffic from day to day, it may be necessary to collect up to three days of data (use additional Crossing Location Evaluation Worksheets as needed) to determine if an enhanced pedestrian crossing treatment is warranted as follows: • Collect pedestrian data on day one. If the minimum pedestrian volume threshold (see Figure 1) is exceeded, no further pedestrian data collection is needed. If the threshold has not been exceeded, but at least 50% of the minimum pedestrian volume was observed, proceed to a second day of data collection. • Collect pedestrian data on day two. If the minimum pedestrian volume threshold is exceeded, no further pedestrian data collection is needed. If the threshold has not 9 been met but again the volume is at least 50% of the minimum threshold, proceed to a third day of data collection. • Collect pedestrian data on day three. If the minimum pedestrian volume still has not been met, then no marked pedestrian crossing treatment is warranted by pedestrian crossing volume. b) Gather or collect hourly and average daily traffic (ADT) volumes for automobile traffic along the major roadway at the crossing location. A one-day sample should be adequate, with hourly volumes collected during the same hour as the pedestrian crossing volumes. c) If traffic speeds appear to be significantly higher than posted speed limits, then data to calculate 85th percentile speeds may be collected. Round the 85th percentile speed up or down to the nearest 5 mph increment, and if it is 10 mph or greater than the posted speed limit it may be used in the Table 1 analysis. Otherwise, the posted speed limit should be used. d) Due to the potential for vehicular traffic queues to impact safety at the crossings, the presence of queues extending from downstream signals or intersections back into the crossing location should be observed, as well as any "differential" queuing that may occur on a lane-to-lane basis. While collecting automobile traffic data, the formation of vehicle queues from adjacent intersections should be noted. If one or both directional queues reach back to the crossing location, the number of times per hour that it reaches the crossing location should be noted and the maximum queue length should also be recorded. If there is more than one through lane in each direction, it should be noted if the queues reaching back to the crossing are approximately the same length in each lane or is there a significant difference in the length of the queues in each lane. If the queues are routinely of different length as they extend beyond the crossing location, notes should be made as to the potential cause of the differential queuing. Step 4: Apply Data to Figure 1, Figure 2, Table 1, and Figures 3a and 3b to Determine Appropriate Treatments a) Using the available data, utilize Figure 1 – Uncontrolled Pedestrian Crossing Treatment Flowchart or Figure 2 – Controlled Pedestrian Crossing Treatment Flowchart, and Table 1 – Criteria for Crossing Treatments at Uncontrolled Locations (if applicable) to determine appropriate treatment(s) for signalized, stop-controlled, or uncontrolled locations. Also consider and incorporate the information in Section 2.2 and in Figures 3a and 3b as appropriate. 2.2 Additional Evaluation Considerations The following information should be considered by the user of these guidelines when determining the appropriate pedestrian crossing treatment: 2.2.1 Types of Crossing Treatments at Uncontrolled Locations (See also Table 1) Table 1 identifies five primary types of uncontrolled crossing treatments for consideration depending on the physical roadway conditions, vehicle volume, pedestrian volume at the potential crossing location, etc. The crossing types are as follows: Crossing Type A: 10 • Marked crosswalk. • Pedestrian warning signs (W11-2) mounted on the side of the roadway at the crossing, with diagonal down arrow placards (W16-7P). • Pedestrian warning signs (W11-2) may be mounted in advance of the crossing, with ahead placards (W16-9P). • If the location is a school crossing then standard S1-1 signs should be used with arrow and ahead placards. Crossing Type B: • Same as Type A above, plus • “State Law Stop for Pedestrians within Crosswalk” (R1-6a) signs mounted on flexible bollards on centerline (if no median present) or mounted on signs in the median (if median is present). Crossing Type C: • Same as Type B above, plus • Add one or more geometric improvements such as neckdowns (curb extensions), median refuge island, narrowed lanes, and/or tabletop crosswalk to shorten the pedestrian crossing distance and increase the visibility of pedestrians to approaching motorists. Crossing Type D: • Same as Type A above, plus • Consider raised median refuge to shorten the pedestrian crossing distance and increase pedestrian visibility to motorists. • Pedestrian actuated Rectangular Rapid Flash Beacons (RRFBs). For an RRFB the minimum pedestrian threshold from Figure 1 must be met. • If there are 2 approach lanes in a single direction install advance stop lines and “Stop Here for Pedestrians” (R1-5) signs. • Consider adding curb extensions if on-street parking exists and storm drainage can be accommodated. • If pedestrian volume falls above the RRFB limit line on Figure 3, go to Crossing Type E. Crossing Type E: • Crossing has 3 or more through lanes in a given direction or is otherwise not suitable for an uncontrolled marked crosswalk. • Consider HAWK beacon, pedestrian traffic signal, or grade-separated pedestrian crossing. • Refer to Figure 3 when considering crossing treatment type. • Must consider corridor signal progression, grades, physical constraints, and other engineering factors. 2.2.2 Minimum Vehicle Volume for Treatments Recognizing the limited availability of resources to implement crossing treatments within the City, crossing treatments should generally not be installed at locations where the ADT is lower than 1,500 vehicles per day. Treatments for roadways with greater than 1,500 vehicles per day should be installed based on the criteria in Figure 1 Figure 2, Table 1, and the information in Figure 3 (a or b depending on the speed limit). 11 Exceptions to the minimum vehicle volume threshold may be granted for locations that provide access to a regional trail, transit station, school, or park. 2.2.3 Minimum Pedestrian Volume for Treatments at Uncontrolled Crossing Locations The City of Boulder, CO evaluated crosswalk enhancements at uncontrolled crossing locations over the years and determined there is a clear relationship between driver compliance (yielding) and the pedestrian and/or bicycle crossing volume. Data collected at crosswalks where rectangular rapid flash beacon signs (RRFB) or State Law-Yield signs were installed showed that driver compliance typically increased with higher crossing volumes. They theorized the primary reason for this relationship was that drivers tend to ignore enhanced crossing treatments over time at locations where they infrequently see pedestrians crossing. The following graphs illustrate this relationship: The above data also illustrated that, below roughly 20 pedestrians per hour, driver compliance decreased significantly. Thus, the base threshold for consideration of an enhanced crossing treatment at an uncontrolled location is 20 pedestrians per hour. This threshold is consistent with recent national guidance and policies adopted by other states and cities, as determined through literature research. The Minimum Pedestrian Volume Thresholds are as follows: - 20 peds per hour* in any one hour, or - 18 peds per hour* in any two hours, or - 15 peds per hour* in any three hours * Young, elderly, and disabled pedestrians count 2x towards volume thresholds Exceptions to the minimum pedestrian volume threshold may be granted for locations that provide access to a regional trail, transit station, school, or park. 2.2.4 Definition of a Pedestrian Median Refuge and Minimum Median Refuge Width A pedestrian refuge median is a useful tool in increasing the safety and efficiency of a pedestrian crossing, and the presence (or not) of a median refuge will influence the type of pedestrian crossing 12 treatment that can be considered (see Table 1). In this context a pedestrian refuge median is defined as a location in the middle of a pedestrian crossing where a pedestrian can take refuge, thereby separating their crossing into two steps, across each direction of approaching traffic separately. Separating the crossing into two directional crossings greatly increases the number of acceptable gaps for pedestrians to safely cross a roadway. A pedestrian refuge must include some type of raised median as described below: • A painted center median or a painted turn lane is not considered a pedestrian refuge. • A raised median nose at an intersection (next to a left turn bay for example) can only be considered a pedestrian refuge for the adjacent crosswalk if the median is at least 4 feet wide. Additional median width is always desired, especially if left turn volume is greater than 20 vehicles per hour. • A raised median at a mid-block pedestrian crossing can only be considered as a refuge if it is at least 6 feet wide and includes curb ramps or a walkway at grade through the median. 2.2.5 Distance to Nearest Marked or Protected Crossing The Uncontrolled Pedestrian Crossing Treatment Flowchart in Figure 1 includes consideration of spacing criteria for an uncontrolled crossing to the nearest marked or projected crossing. The flowchart requires that a new uncontrolled mid-block crossing be at least 300 feet from the nearest crossing. However, the flowchart allows this spacing criteria to be waived if the proposed crossing serves a multi-use path, or the pedestrian crossing volume exceeds twice the minimum threshold. As with this entire City of Eden Prairie Pedestrian Crossing Treatment Guidelines, this criteria is also subject to engineering judgment. In urban conditions where typical block length is 400 feet, the engineer may want to consider allowing a minimum spacing of 200 feet, provided that the resultant pedestrian crossing: • Does not cross any auxiliary lanes (left or right turn lanes or their transitions) where it is anticipated that vehicles will be changing lanes and may be distracted from observing pedestrians in the crosswalk • Is not in an intersection influence area where it will create undue restriction to vehicular traffic operations. 2.2.6 Conditions That May Limit the Use of Rectangular Rapid Flash Beacons at Pedestrian Crossings Pedestrian actuated rectangular rapid flash beacons (RRFBs) are routinely used at pedestrian crossings on four lane roadways, and these “flashing signs” have greatly increased motorist yielding to pedestrians at these unsignalized crosswalks. However, RRFBs may not be appropriate in locations where there is a combination of both high traffic volumes and high pedestrian volumes. In these extreme conditions there may be an increase in traffic accidents and/or traffic delay that make the use of RRFBs inappropriate. In these cases, the use of conventional pedestrian traffic signals or the HAWK signals may be more appropriate. While the decision not to use RRFBs at a pedestrian crossing should be based on engineering judgment, the limit line in Figure 3 has been prepared to aid in this determination. 2.2.7 Selecting Between a Pedestrian Traffic Signal, HAWK Beacon, or RRFBs Pedestrian traffic signals may be considered for application at high volume pedestrian crossings based on engineering judgment. The MUTCD contains warranting procedures for conventional pedestrian traffic signals based on automobile and vehicle traffic volumes to help determine if a pedestrian signal is 13 appropriate. These signals are typically considered when there are over 130 pedestrians an hour crossing a roadway. Hybrid Beacons (HAWK beacons) may also be considered and the MUTCD contains warranting guidelines that utilize automobile traffic, pedestrian traffic, automobile speeds, and pedestrian crossing distance. HAWK beacons may be installed where the crossing volume is as low as 20 pedestrians per hour, depending on the crossing distance, automobile traffic volume, and engineering judgment. RRFBs can successfully increase motorists yielding to pedestrians at unsignalized crossings, typically where there are two travel lanes in each direction. A minimum crossing volume of 20 pedestrians per hour is typically required, as discussed in Section 2.2.3. However, also as noted in Section 2.2.6, there may be cases where the combination of high pedestrian and traffic volumes may make application of RRFBs inappropriate. Figure 3a and Figure 3b illustrate City of Eden Prairie recommendations for the use of RRFBs overlain on the MUTCD Hawk beacon and Pedestrian Traffic Signal warrant guidelines. In many cases, either HAWK beacons or RRFBs could be considered for application, and the final decision should be based on engineering judgment. Factors that should be considered include: automobile, bicycle and pedestrian volumes, vehicular speeds, crossing distances, the presence of a median or not, potential impact to corridor signal progression, proximity to signalized intersection, and vehicle queue formation. 2.2.8 Signal Progression and Traffic Operational Considerations The installation of RRFBs, HAWK beacons, or pedestrian traffic signals can all have a significant impact on the automobile traffic operation in a corridor. The automobile and pedestrian crossing volumes, the spacing to the adjacent signalized intersections, the type of pedestrian population (college students, elementary students, elderly, a mix) should all be considered when selecting the crossing treatment type and how it will be operated. Where practical, HAWK beacons and pedestrian traffic signals should be coordinated with the signal progression in the corridor to minimize the impact of the new traffic signal on corridor traffic flow. However, coordinated signals may be less responsive to pedestrian actuation, and the delay in pedestrian service may result in some pedestrians crossing against the signal rather than waiting. Not coordinating the pedestrian crossing signals may result in unacceptable increases in automobile congestion and delay. RRFBs used at high volume pedestrian crossings in congested roadway corridors can also have a significant impact on automobile congestion and compromise effective signal progression. The RRFB limit line in Figure 3a and 3b can help minimize this problem. Once again, engineering judgment will need to be applied to reach the best compromise for all involved. 2.2.9 Differential Vehicle Queue Lengths and Pedestrian Safety A pedestrian crossing of a roadway with two or more lanes in a single direction has the potential for “multiple threat” type accidents. A multiple threat accident is when one lane of traffic stops for a pedestrian and obscures the view of the crossing pedestrian to a motorist in the adjacent travel lane. The result is that a pedestrian can step in front of a vehicle that is approaching too fast to stop. This condition is exacerbated when there are vehicle queues that back across the pedestrian crossing. If the queue in one lane backs into the crossing and is much longer than the queue in the adjacent lane, a motorist would commonly assume that the stopped traffic in one lane is the result of the queuing (which may usually be the case). Now if a vehicle in one lane stops for a pedestrian, instead of the queue, there is an even greater chance for a multiple threat accident. 14 Therefore, it is important for the engineer to be aware of the formation of queues to and across the pedestrian crossing from a downstream intersection. It is even more important for the engineer to be aware of routine occurrence of one queue longer than the other across the pedestrian crossing. The Operational Observations section of the Crossing Location Evaluation Worksheet has a place to note this occurrence. When deciding to install an uncontrolled crossing treatment (or not), the engineer should consider if differential vehicle queue lengths is an issue, and if so, can they be mitigated (say by signal timing adjustments at the downstream intersection). If differential queues cannot be minimized, it may be reason to not install an unprotected crossing treatment (such as Type A, B, or C). 2.2.10 Unmarked Pedestrian Crossing Facilitation Staff is aware of the fact that there are locations where pedestrians regularly cross arterial roadways, yet the crossing does not serve a multi-use path, regional trail, transit station, school, or park, and the pedestrian volume is below the minimum thresholds in Figure 1 for installing the types of marked and signed treatments detailed in Table 1. These locations typically occur on 4-lane roadways. In some cases, subject to engineering judgment, it may be appropriate to install treatments that facilitate pedestrian or bicycle crossings but stop short of the signed and marked crossing treatments defined in Table 1. This type of treatment or pedestrian facilitation may include curb ramps and/or a raised median refuge, but no effort is made to attract pedestrians to this crossing. The treatments simply acknowledge the low volume, but regular pedestrian crossing that occurs at a location. Installing these treatments does not endorse the use of the crossing nor attempt to attract new users to the crossing. They simply acknowledge that the crossing is occurring, will not likely go away, and some level of facilitation can make it safer for the pedestrians or bicyclists that are using the crossing already. The only other option would be to ignore the crossing, but staff does not believe this is an appropriate response. These treatments will only be considered if the location is more than 300 feet from the nearest signed and marked pedestrian crossing (whether it is controlled or uncontrolled), and it is believed that there is little potential to redirect pedestrians to a more defined crossing location. 2.2.11 Pedestrian Crossing Treatments at Higher Speed Roadways Even though most Eden Prairie streets have speed limits of 35 mph or less, there are some locations where speed limits are 40 or 45 miles per hour. In this context, there may be conditions that necessitate the installation of pedestrian crossings where speeds are higher and special consideration is warranted. It is recommended that engineering judgment be applied, and consideration be given to providing an uncontrolled at-grade crossing treatment only if the speed limit can be effectively reduced to 45 mph or less and a raised refuge median is constructed has part of the crossing treatment. 2.2.12 Implementation If an intersection analysis determines additional pedestrian crossing treatments are warranted, the City should plan for their implementation as budget allows. In cases where geometric improvements, RRFB installation, or HAWK installation are recommended and funding has not been programmed, the City should prioritize project locations and schedule them as funding becomes available. It should be noted that MNDOT State-Aid design standards may prohibit some geometric improvements such as tabletop crossings, lane narrowing, curb extensions, and median refuge islands on state-aid routes without receiving a variance approval first. This may limit these options from implementation on some roadways. 15 Crossing Location Evaluation Worksheet 16 Crossing Location Evaluation Worksheet (Continued) 17 Figure 1 – Uncontrolled Pedestrian Crossing Treatment Flowchart (1) Exceptions to the 1,500 vpd minimum roadway volume threshold may be granted for locations that provide access to a regional trail, transit station, school, or park. (2) The Minimum Pedestrian Volume Thresholds: • 20 peds per hour* in any one hour, or • 18 peds per hour* in any two hours, or • 15 peds per hour* in any three hours * Young, elderly, and disabled pedestrians count 2x towards volume thresholds. Exceptions to the minimum pedestrian volume threshold may be granted for locations that provide access to a regional trail, transit station, school, or park. (3) Refer to note 2 for guidance on reasonable volume thresholds. (4) Distance to nearest marked or protected crossing may be reduced to 200’ in urban conditions, subject to engineering judgment, where crossing treatments and crossing activity would not create undue restriction to vehicular traffic operations. (5) An “unmarked pedestrian crossing facilitation” is any treatment that improves a pedestrian’s ability to cross a roadway, short of the marked, signed, and enhanced crossings detailed in Table 1. Installation of this type of pedestrian facilitation is subject to engineering judgment and may include curb ramps and/or a raised median refuge. However, no effort is made to attract pedestrians or recommend that pedestrians cross at this location. The treatments simply provide an improvement for a low volume pedestrian crossing where pedestrians are already crossing and will continue to cross. 18 Figure 2 – Controlled Pedestrian Crossing Treatment Flowchart (1) Exceptions to the 1,500 vpd minimum roadway volume threshold may be made for locations that provide access to a regional trail, transit station, school, or park. (2) The Minimum Pedestrian Volume Thresholds: • 20 peds per hour* in any one hour, or • 18 peds per hour* in any two hours, or • 15 peds per hour* in any three hours * Young, elderly, and disabled pedestrians count 2x towards volume thresholds. Exceptions to the minimum pedestrian volume threshold may be granted for locations that provide access to a regional trail, transit station, or park. 19 Table 1 - Criteria for Crossing Treatments at Uncontrolled Locations Roadway Configuration Number of lanes crossed to reach a refuge Roadway ADT and Posted Speed Local Collector or Higher 1,500-5,000 vpd Collector or Higher 5,000-15,000 vpd Colector or Higher 15,000+ vpd < 30 mph < 30 mph 35-40 mph 45 mph < 30 mph 35-40 mph 45 mph < 30 mph 35-40 mph 45 mph 2 Lanes (with no median) 2 A B C D D D D D D D 3 Lanes (with raised median) 1 or 2 B B D D D D D D E E 3 Lanes (with striped median) 3 C C D D D D D D E E 4 Lanes (with no median) 4 B D E E D E E E E E 5 Lanes (with raised median) 2 or 3 B D D D D D D D D E 5 Lanes (with striped median) 5 D D D E D D E E E E 6 Lanes (with or without median) 3 to 6 E E E E E E E E E E Notes: 1. Painted medians alone should not be considered a refuge for a crossing pedestrian. Similarly, a 4-foot wide raised median next to a left turn lane should only be considered a refuge for pedestrians if the left turning volume is less than 20 vehicles per hour (meaning that in most cases the left turn lane is not occupied while the pedestrian is crossing). 2. Shoulders may be considered as a lane if cumulative shoulder widths exceed 8’. 3. Additional treatments may be considered if suitable gaps in traffic for safe crossings are not available, or if a history of pedestrian/vehicle accidents exist. Treatment Descriptions A Install marked crosswalk with roadside signs. Specific Guidance: Install marked crosswalk and pedestrian warning signs (W11-2) mounted on the side of the roadway at the crossing, with diagonal down arrow placards (W16-7P). Consider pedestrian warning signs (W11-2) mounted in advance of the crossing, with ahead placards (W16-9P). If the location is a school crossing, then standard S1-1 signs should be used with arrow and ahead placards. B Install marked crosswalk with roadside and in-roadway signs. Specific Guidance: Same as Type A above, plus install “State Law – Stop for Pedestrian” (R1-6) signs mounted on flexible bollards on centerline (if no median present) or mounted on signs in the median (if median is present). C Install marked crosswalk with signs and geometric improvements to increase pedestrian visibility and reduce exposure. Specific Guidance: Same as Type B above, plus install geometric improvements such as neckdown (curb extension), median refuge island, narrowed lanes, and/or tabletop crosswalk to shorten the pedestrian crossing distance and increase the visibility of pedestrians to approaching motorists. D Install marked crosswalk with roadside signs, pedestrian activated Rectangular Rapid Flashing Beacons (RRFBs) and consider geometric improvements to increase pedestrian visibility and reduce exposure. Specific Guidance: Same as Type A above, plus consider installation of raised median refuge island to shorten the pedestrian crossing distance and increase pedestrian visibility to motorists. Install pedestrian actuated Rectangular Rapid Flash Beacons (RRFBs). For an RRFB installation the minimum pedestrian threshold from Figure 1 must be met. If there are 2 approach lanes in a single direction install advance stop lines and “Stop Here for Pedestrians” (R1-5) signs. Consider adding curb extensions if on-street parking exists and storm drainage can be accommodated. If pedestrian volume falls above the RRFB limit line on Figure 3, go to Crossing Type E. E Do not install marked crosswalk at uncontrolled crossing. Consider HAWK beacon, pedestrian traffic signal, or grade-separated crossing. Specific Guidance: Consider HAWK beacon, pedestrian traffic signal or grade-separated crossing; application of these treatments will consider, corridor signal progression, existing grades, physical constraints, and other engineering factors. 20 Figure 3a - Guidelines for the Installation of Pedestrian Hybrid (HAWK) Beacons, Pedestrian Signals, or Rectangular Rapid Flashing Beacon (RRFB) Signs on Low-Speed Roadways Figure 3b - Guidelines for the Installation of Hybrid (HAWK) Beacons, Pedestrian Signals, or Rectangular Rapid Flashing Beacon (RRFB) Signs on High-Speed Roadways 21 3.0 SUPPLEMENTAL POLICIES This section contains discussion of supplemental policies to guide the installation of crossing treatments in the City of Eden Prairie. 3.1 Crosswalk Lighting Research provided by the FHWA recommends that adequate nighttime lighting should be provided at marked crosswalks to enhance the safety of pedestrians crossing at night. Crosswalk lighting will be provided at all crosswalks utilizing traffic signals, HAWK beacons and RRFBs. Crosswalk lighting will be provided at all other marked crosswalks, unless engineering judgement suggests crosswalk lighting is not needed. The placement and level of crosswalk lighting will be determined by engineering judgement at all crossing treatments. 3.2 Avoiding Overuse of Crossing Treatments The FHWA recommends that overuse of crosswalk markings should be avoided to maximize their effectiveness. Crosswalks and sign treatments (such as the “State Law – Yield to Pedestrians” and rectangular rapid flash beacon signs) should be used discriminately within the City of Eden Prairie so that the effectiveness of these treatments is not deteriorated by overuse. Although these treatments may be effective at individual locations, overuse of these treatments city-wide may lead to a decrease in their value as drivers become desensitized to them. Minimum pedestrian and vehicular volume criteria have been established in this document with this in mind. 3.3 Multi-Use Path Crossings Crossing locations where a multi-use path crosses a roadway should include a marked and signed crosswalk at a minimum, regardless of pedestrian crossing volumes, as long as the minimum vehicular volume criteria in Section 2.2.2 is satisfied. This policy is to promote the use of multi-use paths recognizing that roadway crossings often create barriers for pedestrians and bicyclists and may contribute to a lack of use. 3.4 Textured and Colored Pavement Treatments Textured, brick, and/or colored pavement treatments should typically not be used in lieu of a marked crosswalk. When such treatments are used they are often aesthetic and not considered traffic control devices. Retroreflective pavement markings are required at any location serving as a marked crosswalk. Exceptions are granted for signalized intersection crossings, right-turn bypass (raised) crossings, and for multi-use path crossings at driveways and unsignalized intersections where the City has developed other treatments designed to call attention to the crossings. 3.5 Accessible Crosswalks It is the goal of the City of Eden Prairie that all crosswalks installed will comply with the Americans with Disabilities Act (ADA) to maximize mobility for all users. Where a new crosswalk is installed in a curbed roadway, curb ramps will include a detectable warning surface. The City intends to retrofit existing non- ADA compliant curb ramps with detectable warning surfaces as part of its on-going sidewalk maintenance program. 3.6 Raised Crossings at Right-Turn Bypass Islands Raised pedestrian crossings at right-turn bypass islands meet the goals of these guidelines by improving visibility for pedestrians, improving accessibility, and helping to mitigate the speed of right-turning vehicle 22 traffic. City staff will review all new or proposed right-turn bypass movements to determine if a raised crossing should be installed. If deemed feasible, a raised crossing will be incorporated into the design. 3.7 Removal of Treatments Conditions that contribute to the need for a crosswalk or crossing treatments may change over time, and an existing crosswalk or treatment may no longer be needed. When a roadway surface is to be impacted by reconstruction or resurfacing, a review of any unprotected crosswalks should be performed to determine their use and need. If the use of a crosswalk is less than half of that which would be required for it to be warranted based on the criteria established in these guidelines for a new installation, the crosswalk should not be replaced when the construction or resurfacing is done and any other treatments will be removed. In such cases, residents and property owners within 1000’ of walking distance to the crosswalk in question will be notified via mail. In addition, notices will be visibly posted for 30 days prior at the crossing location to inform the public of the intent to remove them. City contact information will be provided on these mailings and notices. Should concerns arise from the public as a result of that mailing or from the notification sign at the crosswalk, staff may then begin a more substantial public process with concerned parties. 3.8 Advance Pedestrian Warning Signs The warning sign predominantly used to warn motorists of possible pedestrian conflicts is the Advance Pedestrian Crossing sign (W11-2). This sign should be installed in advance of mid-block crosswalks or other locations where pedestrians may not be expected to cross. This significantly minimizes their use at most urban intersections since pedestrian crossings are an expected occurrence. This sign may also be selectively used in advance of high-volume pedestrian crossing locations to add emphasis to the crosswalk. The advance pedestrian crossing sign provides more advance warning to motorists than crosswalk markings. City Council Agenda Cover Memo Date: Oct. 7, 2025 Section: Consent Calendar Item Number: VII.G. Department: Public Works/Fleet Services – Scott Riley ITEM DESCRIPTION Approve 2026 Vehicle Replacement Purchasing REQUESTED ACTION Move to: Approve the ordering and purchase of the 2026 Replacement Plan vehicles and equipment as itemized on the attached schedule and declare surplus of the old vehicles for disposal. SUMMARY The Equipment Replacement Schedule was developed by the Fleet Services Division to provide a 15-year projection of vehicle and equipment needs and a corresponding lifecycle with each vehicle. Annual budget requests are created from this schedule to determine future funding needs for operating budgets. Staff have finalized the details of each replacement or new vehicle purchase as per our current replacement policy guidelines. The planned Fleet Capital purchasing expenditures for 2026 are estimated at $1,763,000.00. Staff requests authorization to order the 2026 replacement vehicles when Cooperative Purchasing Ventures are complete and manufacturer ordering windows are open. This action is requested due to the expected long lead times from manufacturers to deliver equipment or vehicles and the potential short time frame for ordering vehicles. Projected delivery dates for these vehicles will not be early to mid-year 2026 so actual expenditures will not occur until that time. The City of Eden Prairie participates in the State of Minnesota Cooperative Purchasing Venture (CPV). This enables the City to buy vehicles and equipment under the terms of contracts already negotiated by the State of Minnesota. Other Joint Powers Agreements as listed in the City of Eden Prairie purchasing policy are also utilized. In the event that vehicles are not available from CPV contracted dealers or joint powers agreement vendors, Staff requests permission to obtain quotes from Retail Dealers and negotiate direct purchasing of vehicles and equipment. Lastly, staff is requesting authorization to declare as surplus the list of vehicles scheduled for replacement. These vehicles will be used as traded ins for replacement vehicles or sold at auction and other authorized sales sites. ATTACHMENT 2026 Vehicle and Equipment Replacement Schedule Unit Year Unit Serial # Vehicle Make Vehicle ModelCurrent Miles/HRSEstimated ValueVehicle Make/ModelEstimated BudgetNotes and CommentsStreet Division1792001 1FVABPAK31HH85437Freightliner FL60 - PATCH TRUCK 41648 $7,000.00Truck with Towable or Slide-In Patchbox$190,000.00Purchased through Fleet Vehicle Replacement CIP Funds.1842010 22000486Caterpillar CB222163 $5,000.00Replace with like equipment$80,000.00Purchased through Fleet Vehicle Replacement CIP Funds.Police2012016 1L91E1617GE492173Mobile Pro MPS 3400 Camera Trailer 3160 $5,000.00Replace with like equipment$86,000.00Purchased through Fleet Vehicle Replacement CIP Funds.2192020 1GNSKDEC1LR235625 Chevrolet Tahoe - PATROL 60071 $13,000.00Replace with Durango or like SUV$87,000.00Purchased through Fleet Vehicle Replacement CIP Funds.2242022 1C4RDJFG0NC184500Dodge Durango AWD - PATROL 59528 $5,000.00Blazer - Approved Purchase in 2025$87,000.00Purchased through Fleet Vehicle Replacement CIP Funds.2272021 1FM5K8AW2MNA07117FordExplorer AWD Hybrid - K9 93868 $5,000.00Replace with Durango or like SUV$95,000.00Purchased through Fleet Vehicle Replacement CIP Funds.2332022 1C4RDJFG6NC184498 Dodge Durango AWD - PATROL 74302 $5,000.00Replace with Durango or like SUV$87,000.00Purchased through Fleet Vehicle Replacement CIP Funds.2652021 2C3CDXKG9MH549268Dodge Charger AWD - PATROL 68554$5,000.00Blazer - Approved Purchase in 2025$87,000.00Purchased through Fleet Vehicle Replacement CIP Funds.2902002 1FDXE45S92HB53039FordE450 - SWAT22574$10,000.00Replace with like equipment$150,000.00Purchased through Fleet Vehicle Replacement CIP Funds.Fire3772012 1FT8W3B68CEC56494FordF-350 Crew Cab9885 $12,000.00Tahoe or Truck with roll off unit$71,000.00Purchased through Fleet Vehicle Replacement CIP Funds.Park Maintenance4182018 FMT00924Caterpillar 277D multi terrain loader 2611 $25,000.00Multi Terrain Loader of similar size$112,000.00Purchased through Fleet Vehicle Replacement CIP Funds.4472015 3C6LR5AT3FG665320Ram250058374$7,000.00Extra Cab 3/4 Ton Pickup W/Plow$72,000.00Purchased through Fleet Vehicle Replacement CIP Funds.Utilities7082004 1FDXF47S74ED66179FordF450 - SERVICE BODY WTP 44556 $10,000.00Similar Size Chassis W/Crane Service Body$165,000.00Purchased through Fleet Vehicle Replacement CIP Funds.7092011 CAT4030EPMXB00292Caterpillar 430E Backhoe4295 $30,000.00Similar Size Tractor Back Hoe$250,000.00Purchased through Fleet Vehicle Replacement CIP Funds.7272015 3C6TR5CT7FG689276Ram2500 Crew Cab92648 $7,000.00Extra Cab 3/4 Ton Pickup W/Plow$72,000.00Purchased through Fleet Vehicle Replacement CIP Funds.7302013 1GC2KVC80DZ370822Chevrolet Silverado 2500HD 79064$7,000.00Extra Cab 3/4 Ton Pickup W/Plow$72,000.00Purchased through Fleet Vehicle Replacement CIP Funds.$158,000.00Total Estimated Purchase Cost: $1,763,000.00Total Estimated Surplus Value:$158,000.00Total CIP Funding:Other Funding:Total Estimated Equipment Fund Cost:$1,605,000.002026 Vehicle & Equipment ReplacementsOLD VEHICLE (Surplus/Auction)Total Estimated Surplus Value:PROPOSED NEW VEHICLE City Council Agenda Cover Memo Date: Oct. 7, 2025 Section: Consent Calendar Item Number: VII.H. Department: Public Works/ Utilities – Rick Wahlen ITEM DESCRIPTION Approval of a standard professional services agreement with AE2S for Instrumentation and Controls Maintenance Services of the City’s water treatment plant, wells, and sewer lift station digital management system. REQUESTED ACTION Move to: Approve Professional Services Agreement in the amount of $55,000.00 with AE2S for Instrumentation and Controls Maintenance Services for the City’s wells, lift stations, and water treatment plant. SUMMARY Utilities Division has an extensive automation controls system to help manage the operations of all the interconnected water, wastewater, and some of the storm water facilities throughout the city. Ongoing, on-call maintenance services are necessary to ensure these complex digital control systems function 24 hours a day throughout the year. Staff recommends approval of a professional services agreement with AE2S to perform these services. All costs accumulated within this agreement will be paid from the respective water, wastewater, and stormwater funds according to the parent business unit of the facility that is maintained. ATTACHMENTS Agreement (rev. 6/2024) Agreement for Professional Services This Agreement (“Agreement”) is made on this 7th day of October, 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, LLC (AE2S) (“Consultant”), a North Dakota limited liability company (hereinafter “Consultant”) whose business address is 6901 East Fish Lake Road, Suite 184, Maple Grove, MN 55369. Preliminary Statement The City has adopted a policy regarding the selection and hiring of consultants to provide a variety of professional services for City projects. That policy requires that persons, firms or corporations providing such services enter into written agreements with the City. The purpose of this Agreement is to set forth the terms and conditions for the provision of professional services by Consultant for performing instrumentation and control system maintenance (otherwise known as SCADA Maintenance) for the City’s wells, lift stations, and 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 (Scope of Services) in connection with the Work. Exhibit A is intended to be the scope of service for the work of the Consultant. Any general or specific conditions, terms, agreements, consultant or industry proposal, or contract terms attached to or a 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 Jan 1, 2026 through December 31, 2028 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 $55,000.00 per year 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. Limited Equipment Warranty. Consultant makes no representations or warranties with respect to any products manufactured by a third party, including any (A) warranty of merchantability; (B) warranty of fitness for a particular purpose; (C) warranty of title; or (D) warranty against infringement of intellectual property rights of a third party; whether express or implied by law, course of dealing, course of performance, usage of trade or otherwise. Consultant’s sole responsibility to the City with respect to any equipment or components and parts manufactured by a third party and incorporated into the equipment shall be to pass through to the City such original equipment manufacturer's available product warranty. The remedies set forth in the manufacturer’s terms shall be the City’s sole and exclusive remedy and Consultant’s entire liability for any breach of this limited warranty. 13. Indemnification. Consultant will defend and indemnify City, its officers, agents, and employees and hold them harmless from and against all judgments, claims, damages, costs and expenses, including a reasonable amount as and for its attorney’s fees paid, incurred or for which it may be liable resulting from any breach of this Agreement by Consultant, its agents, contractors and employees, or any negligent or intentional act or omission performed, taken or not performed or taken by Consultant, its agents, contractors and employees, relative to this Agreement. 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. 14. Ownership of Documents. All plans, diagrams, analyses, reports and information generated in connection with the performance of the Agreement (“Information”) shall Page 8 of 10 (rev. 6/2024) become the property of the City, but Consultant may retain copies of such documents as records of the services provided. The City may use the Information for its purposes and the Consultant also may use the Information for its purposes. Use of the Information for the purposes of the project contemplated by this Agreement (“Project”) does not relieve any liability on the part of the Consultant, but any use of the Information by the City or the Consultant beyond the scope of the Project is without liability to the other, and the party using the Information agrees to defend and indemnify the other from any claims or liability resulting therefrom. 15. 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 16. Assignment. Neither party shall assign this Agreement, nor any interest arising herein, without the written consent of the other party. 17. 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. 18. 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. 19. Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be considered an original. 20. 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. 21. 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 Page 9 of 10 (rev. 6/2024) of this Agreement and for one (1) year thereafter, without prior written consent of the former employer in each case. 22. 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. 23. 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 Contract shall be valid only when expressed in writing and duly signed by the parties, unless otherwise provided herein. 24. Governing Law. This Agreement shall be controlled by the laws of the State of Minnesota. 25. 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. 26. 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. Page 10 of 10 (rev. 6/2024) 27. 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. 28. Services Not Provided For. No claim for services furnished by the Consultant not specifically provided for herein shall be honored by the City. 29. 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. 30. 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 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. 31. 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. Page 11 of 10 (rev. 6/2024) Executed as of the day and year first written above. CITY OF EDEN PRAIRIE __________________________ ___ _____ Mayor ______________________________ _____ City Manager CONSULTANT By: Its: Page 12 of 10 (rev. 6/2024) EXHIBIT A Scope of Services Instrumentation and Control (I&C) Support Services January 1, 2026 thru December 31, 2028 Instrumentation and Control (I&C) Support Services includes: • Supervisory Control and Data Acquisition (SCADA) software programming services as requested by the City. Programming modifications and troubleshooting for computers, Programmable Logic Controller (PLC), and Human-Machine Interface (HMI) software. • I&C General, Emergency, and Calibration Services o Service for system problems will be scheduled in accordance with the severity of the issue. Consultant will work with the City to assess the severity and discuss an appropriate timeline for a solution. ▪ Problems that result in the inability for the operation of the facility will be assessed as soon as possible, inside or outside normal business hours. ▪ Non-Emergency problems will be assessed within normal business hours. o Technicians will provide all required tools and computer software to perform Input/Output (I/O) Checkout and Instrumentation Calibrations as needed. o Provide service reports to City indicating the original problem, the testing procedures used to investigate the problem, the resolution to the problem and the time required to resolve the problem. o If the replacement of equipment is required to resolve the problem, the technician will discuss with the City and work to procure and replace the equipment under the City’s direction. Costs of the devices, consumables for installing the devices, or other direct, non-labor expenses are reimbursable and shall be borne by the City. Fees Consultant shall render services under this Agreement on an hourly basis in accordance with the Fee Schedule attached as Exhibit B, as adjusted annually on January 1, plus reimbursement for all project related expenses, not to exceed $55,000, each calendar year through the term of this Agreement, without written approval from City. City’s Responsibilities City shall do the following in a timely manner, so as not to delay the services of Consultant: 1. Designate a person to act as City’s representative with respect to the services to be rendered under this Agreement. Such person shall have authority to transmit instructions, receive information, and interpret and define City’s policies and decisions with respect to services for the Assignment. 2. Provide relevant information regarding requirements for the Assignment. Consultant shall be entitled to use and rely upon all information provided by City or others in performing Consultant’s services under this Agreement. 3. Provide access to the relevant site sufficient for Consultant to performs its services under this Agreement. 4. City shall, so long as Consultant is not in default, promptly pay Consultant for such services as have been performed satisfactorily hereunder in accordance with the fee terms set forth herein. Page 13 of 10 (rev. 6/2024) EXHIBIT B ADVANCED ENGINEERING AND ENVIRONMENTAL SERVICES, LLC 2025 HOURLY FEE AND EXPENSE SCHEDULE These labor and reimbursable expense rates are subject to adjustment each year on January 1. Labor Rates* Administrative 1 $70.00 Administrative 2 $85.00 Administrative 3 $99.00 Communications Specialist 1 $113.00 Communications Specialist 2 $132.00 Communications Specialist 3 $152.00 Communications Specialist 4 $183.00 Communications Specialist 5 $202.00 Construction Services 1 $135.00 Construction Services 2 $165.00 Construction Services 3 $183.00 Construction Services 4 $203.00 Construction Services 5 $224.00 Engineering Assistant 1 $91.00 Engineering Assistant 2 $107.00 Engineering Assistant 3 $135.00 Engineer 1 $146.00 Engineer 2 $175.00 Engineer 3 $205.00 Engineer 4 $237.00 Engineer 5 $254.00 Engineer 6 $269.00 Engineering Technician 1 $90.00 Engineering Technician 2 $113.00 Engineering Technician 3 $136.00 Engineering Technician 4 $152.00 Engineering Technician 5 $174.00 Financial Analyst 1 $121.00 Financial Analyst 2 $137.00 Financial Analyst 3 $165.00 Financial Analyst 4 $180.00 Financial Analyst 5 $201.00 GIS Specialist 1 $113.00 GIS Specialist 2 $137.00 GIS Specialist 3 $162.00 GIS Specialist 4 $181.00 GIS Specialist 5 $202.00 I&C Assistant 1 $108.00 I&C Assistant 2 $134.00 I&C 1 $160.00 I&C 2 $189.00 I&C 3 $213.00 I&C 4 $226.00 I&C 5 $237.00 IT 1 $140.00 IT 2 $189.00 IT 3 $232.00 Land Surveyor Assistant $103.00 Land Surveyor 1 $124.00 Land Surveyor 2 $150.00 Land Surveyor 3 $169.00 Land Surveyor 4 $186.00 Land Surveyor 5 $205.00 Operations Specialist 1 $108.00 Operations Specialist 2 $135.00 Operations Specialist 3 $167.00 Operations Specialist 4 $191.00 Operations Specialist 5 $214.00 Project Coordinator 1 $125.00 Project Coordinator 2 $140.00 Project Coordinator 3 $156.00 Project Coordinator 4 $172.00 Project Coordinator 5 $194.00 Project Manager 1 $221.00 Project Manager 2 $242.00 Project Manager 3 $259.00 Project Manager 4 $274.00 Project Manager 5 $293.00 Project Manager 6 $307.00 Sr. Designer 1 $192.00 Sr. Designer 2 $213.00 Sr. Designer 3 $229.00 Sr. Financial Analyst 1 $227.00 Sr. Financial Analyst 2 $248.00 Sr. Financial Analyst 3 $269.00 Technical Expert 1 $348.00 Technical Expert 2 Negotiable * Position titles are for labor rate grade purposes only. Page 14 of 10 (rev. 6/2024) Reimbursable Expense Rates Transportation $0.75/mile Survey Vehicle $0.95/mile Laser Printouts/Photocopies $0.30/copy Plotter Printouts $1.00/s.f. UAS - Photo/Video Grade $100.00/day UAS – Survey $50.00/hour Total Station – Robotic $35.00/hour Mapping GPS $25.00/hour Fast Static/RTK GPS $50.00/hour All-Terrain Vehicle/Boat $100.00/day Cellular Modem $75.00/month Web Hosting $26.00/month Legal Services Reimbursement $291.00/hour Outside Services cost * 1.15 Geotechnical Services cost * 1.30 Out of Pocket Expenses cost * 1.15 Rental Car cost * 1.20 Project Specific Equipment Negotiable City Council Agenda Cover Memo Date: Section: Oct. 7, 2025 Consent Calendar Item Number: VII.I. Department: Public Works/ Utilities – Rick Wahlen ITEM DESCRIPTION Approval of a standard professional services agreement with Rezatec Global, Inc. for Assessing the Condition of the City’s Water Distribution Pipeline using Geospatial AI Techniques. REQUESTED ACTION Move to: Approve Professional Services Agreement with Rezatec Global, Inc. in the amount of $33,145 for Performing a Water Distribution System Pipeline Condition Assessment and Providing a Pipeline Leakage Risk Management Plan. SUMMARY Utilities Division proactively seeks to identify probable future water main leak locations before they occur to reduce operational repair costs and better plan and fund future and ongoing pipeline maintenance activities. This agreement brings together our existing GIS based maintenance management system information and geospatial satellite imagery analysis to look for key indicators of pipeline leak potential. The 1-year contract includes the improvement and further development of the existing pipeline risk management plan. The City has partnered with Rezatec for the past 3-years for predictive failure analysis, and this agreement extends the terms of the previous arrangement for one more year. All costs accumulated within this agreement will be paid from the water utility enterprise capital improvement fund. ATTACHMENTS Agreement (rev. 6/2024) Agreement for Professional Services This Agreement (“Agreement”) is made on this _7th_ day of _October_, 2024, between the City of Eden Prairie, Minnesota, a municipal corporation (hereinafter “City”), whose business address is 8080 Mitchell Road, Eden Prairie, MN 55344, and _Rezatec Global, Inc._, a Delaware _Corporation_ (hereinafter “Consultant”) whose business address is _251 Little Falls Drive, Wilmington, Delaware 19808_. 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 performing a water distribution pipeline assessment and providing a pipeline leakage risk management plan_ hereinafter referred to as the “Work”. The City and Consultant agree as follows: 1.Scope of Work. The Consultant agrees to provide the professional services shown inExhibit A ( Scope of Service ) in connection with the Work. Exhibit A is intended to bethe scope of service for the work of the Consultant. Any general or specific conditions, terms, agreements, consultant or industry proposal, or contract terms attached to or a partof Exhibit A are declined in full and, accordingly, are deleted and shall not be in effect inany manner. 2.Term. The term of this Agreement shall be from _October 7, 2025_through _October 6, 2026_ the date of signature by the parties notwithstanding. This Agreementmay be extended upon the written mutual consent of the parties for such additional periodas they deem appropriate, and upon the terms and conditions as herein stated. 3.Compensation for Services. City agrees to pay the Consultant a total fixed price of $ 33,145.00 for the services as described in Exhibit A. a.Any changes in the scope of the work which may result in an increase to thecompensation due the Consultant shall require prior written approval by anauthorized 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 thecomplex or specialized nature of the Project and when authorized in writing by theCity. c.If Consultant is delayed in performance due to any cause beyond its reasonablecontrol, including but not limited to strikes, riots, fires, acts of God, governmental Page 2 of 11 (rev. 6/2024) 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 a single invoice for the compensation of services performed under this Agreement. Invoices submitted shall be paid in the same manner as other claims made to the City within 30-days from the date of receipt by the City. 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 11 (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 has received payment by the City, the Consultant shall pay interest to the subcontractor on Page 4 of 11 (rev. 6/2024) 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 $2,000,000 general aggregate Page 5 of 11 (rev. 6/2024) $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 11 (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 11 (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. Limitations of Liability. The maximum aggregate liability of Consultant whether arising from negligence, breach of statutory duty, breach of any express or implied warranty, breach of contract, misrepresentation, restitution, strict liability in tort or otherwise shall not in any circumstances exceed the Fees paid or payable by City to Consultant during the 12 months immediately preceding the date on which the claim arose. 14. Ownership. a. 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 Page 8 of 11 (rev. 6/2024) 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. b. City acknowledges that the information within and relating to the Products and/or the Platform is confidential and contains trade secrets and proprietary data belonging to Consultant or its suppliers and that the presence of copyright notices on any medium containing information supplied by Consultant or its suppliers does not constitute publication or otherwise impair the confidential nature thereof. City shall own all right, title and interest in and to all of its data and shall have sole responsibility for the legality, reliability, integrity, accuracy and quality of all such data. Each party shall implement all reasonable measures necessary to safeguard the other party’s ownership of, and the confidentiality of (a) the Products and the Platform in respect of Consultant; and (b) City's data in respect of the City. City acknowledges and agrees that the skills, know-how and methodologies utilized by Consultant together with the Data Products and Platform and its associated code and means of delivery constitute valuable trade secrets and confidential information of Consultant and the City acknowledges and agrees that all Intellectual Property Rights shall remain the sole property of Consultant. City shall gain no right, title or interest in the Data Products, the Platform, the skills, know-how and methodologies by virtue of this Agreement other than the non-exclusive limited, conditional, right of access. Without limiting the foregoing, City acknowledges and agrees further that all Intellectual Property Rights in any general improvements or changes to the Products, as well as improvements or changes suggested by City which relate to the Products and the Platform shall at all times (as between Consultant and City) vest in Consultant and City shall take all necessary actions to ensure all such rights are so assigned to and remain with Consultant. 15. 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. Page 9 of 11 (rev. 6/2024) GENERAL TERMS AND CONDITIONS 16. Assignment. Neither party shall assign this Agreement, nor any interest arising herein, without the written consent of the other party. 17. 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. 18. 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. 19. Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be considered an original. 20. 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. 21. 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. 22. 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. 23. 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 Contract shall be valid only when expressed in writing and duly signed by the parties, unless otherwise provided herein. 24. Governing Law. This Agreement shall be controlled by the laws of the State of Minnesota. Page 10 of 11 (rev. 6/2024) 25. 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. 26. 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. 27. 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. 28. Services Not Provided For. No claim for services furnished by the Consultant not specifically provided for herein shall be honored by the City. 29. 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. 30. 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 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 Page 11 of 11 (rev. 6/2024) 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. 31. 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: Exhibit A, Scope of Services, to Professional Services Agreement; Water Distribution Pipeline Assessment and Pipeline Leakage Risk Management Plan 1 Scope of Services Project Description Consultant will provide all labor, expertise, and technical equipment to fulfil the scope of services described in this exhibit. Consultant will provide a pipeline risk monitoring solution that establishes the likelihood of failure (LoF), consequence of failure (CoF), and criticality for the water mains network. Consultant will combine 110+ geospatial data variables across network attributes, satellite and environmental data, including ground motion, vegetation vigor and moisture, soil pH and type, slope, topography, pipe materials, length, diameter, break histories, and locations. Consultant’s patented AI model analyses this data, using historic events analysis and machine learning to determine the unique failure signature for the network to predict the LoF for each pipe segment in the network. Results are visualized in the Rezatec Platform, combining likelihood, consequence, and criticality metrics with a digitized network map, and the ability to drill down to pipe-level risk scores at 100m or shorter segments, or roll up analyses by street or asset, enabling highly targeted planning and investment decisions. Following customer feedback, major enhancements have been made to the LoF model and the platform, including accuracy and stability improvements, certainty indexes, variable influence charts by pipe, and a brand-new platform. Specific Objectives of this Project Consultant shall adopt the following project objectives. • Build a digital risk profile of the entire water distribution pipeline network, calculating the likelihood and consequence of failure, and criticality. • Enhance data for the purpose of prioritizing work, incorporating environmental asset data to boost traditional pipeline evaluation methods. • Obtain an accurate risk forecast in the near-term to supplement the utility’s 10-year and beyond Capital Improvement Plan. • Provide access to the Rezatec Platform for the City to use in planning and forecasting maintenance resources and priorities. Pipeline Assessment Products Consultant will analyze the City’s 376.14 miles of distribution pipeline by providing the following deliverables in the Platform: • LoF of each pipeline section within the City’s distribution system. • CoF to be developed in collaboration with City experience and input. • Criticality. Delivery Consultant will provide a single (annual) delivery as a forward look and forecast. The main delivery of the current year’s forecast for active assessment shall be a fully trained model that includes prior years of relevance in order to forecast pipeline risk. Exhibit A, Scope of Services, to Professional Services Agreement; Water Distribution Pipeline Assessment and Pipeline Leakage Risk Management Plan 2 Tools and Methodologies Consultant will develop a digital model driven and supplemented by artificial intelligence machine- learning processes, using City-supplied maintenance records and geo-located asset information in combination with Consultant provided geospatial data specific to Eden Prairie’s political boundaries. Consultant’s model will combine geospatial datasets (e.g. ground movement, various soil characteristics, vegetation analysis, etc.) with pipeline attributes (e.g. pipeline age, material, diameter, and length) and historic incident locations. The model will generate a LoF score and CoF score for every pipeline section, and combine these ratings to provide a Criticality score for each pipe section. Likelihood of Failure Consultant will derive the LoF for each pipe section using the following minimum performance steps: 1. Customer data Quality Assurance (QA) – to see if there are data gaps. Consultant will review all information requested from the City and identify if any gaps in information exist or pose any concerns for developing an accurate model. Consultant will impute small gaps in information using a set of analysis rules that look at the City’s overall pipeline network. Consultant may have questions that need clarification with the City to ensure Consultant understands all City provided data. Consultant source variables for QA analysis include: Terrain motion – from Radar, optical data for vegetation input, and other such parameters as soil characteristics for the areas being assessed. 2. Consultant will subdivide the City’s distribution system into sections to ensure the representation of localized risk factors are more accurately mapped to specific locations. As an example, terrain motion or soil characteristics may vary significantly along longer pipe segments and should only be used in the analysis of the specific portion of the pipe affected by those risk factors. 3. Consultant will further divide the City’s network into sub-sections not greater than 100 meters in extent to ensure localized risk factors are applied to accurately delineated and manageable pipe segments. 4. Consultant assigns all environmental variables to individual pipeline spans. 5. Consultant will then assign any recorded failures to the relevant pipeline spans on which they occur. 6. Consultant will generate LoF weight values for each pipe span through digital evaluation of the data. 7. Consultant will validate the model outputs using the 5-fold cross-validation method in which the entire dataset is divided into 5 sub-sets for 5 successive iterations of the model run. Each sub-set will be excluded from the model-run once, yielding a balanced accuracy score for the evaluation process that must be shared with the City. 8. Consult will use a standard set of metrics by which to depict the importance of specific variables. Consultant must provide written documentation of this procedure and verbally explain the process of validating the model’s accuracy. 9. Consultant will assign each pipeline section a LoF score from 0 to 5, with 0 representing the lowest LoF and 5 the highest. This score will be used to compare any section of the network with another and provide the basis for further analysis or assessments for inspection programs or maintenance planning. Consequence of failure and Criticality Consultant will provide the City with metrics, subdivided areas, and relevant factors to fully build out the CoF and will invite input from the City on the extent and position of these requirements. Exhibit A, Scope of Services, to Professional Services Agreement; Water Distribution Pipeline Assessment and Pipeline Leakage Risk Management Plan 3 Consultant generates a separate model to form CoF understanding using the following sequence of actions: 1. Consultant overlays pipe diameter in proximity to pre-defined critical infrastructure like hospitals, business districts, schools, critical roadways etc. The City provides the critical infrastructure list. Consultant could pull some critical infrastructure locations from other geospatial sources upon agreement with the City. 2. Consultant establishes further complex consequence metrics in collaboration with the City. Consultant utilizes the City’s knowledge of its consequential areas and potential consequences of failure. 3. Consultant establishes weighting criteria and weights the data by metric (e.g., relative cost of failure by factors like proximity to business district, pipe diameter, etc). This process is best done collaboratively with the City but can be performed with standard metrics. Consultant will lead the collaboration with the City to perfect the process. 4. Consultant will assign each pipeline section a CoF score from 0 to 5, with 0 representing the lowest CoF and 5 the highest. Each pipeline section split for CoF will be the same as for LoF. 5. Consultant performs further validation techniques on the CoF model and runs a quality assurance process to ensure its accuracy is consistent with the stated weightings derived in step 3. 6. Consultant determines Criticality by combining the CoF and LoF. Consultant will assign each pipeline section a Criticality score from 0 to 5, with 0 representing the lowest Criticality and 5 the highest. Model Products: Results of both LoF and CoF models will be displayed geospatially in the form of a map, and in a tabular format within the City’s dashboard in Rezatec’s Platform. Results may then provide the basis for follow-on pipeline assessment, such as asset inspections, technology deployment (e.g., acoustic logger placement) or network maintenance planning. Platform: Consultant shall upload the LoF, CoF, and Criticality onto the platform and provide the City with access. Consultant will create secure logins for City personnel using the platform, allowing them to access map and dashboard functionality and download the data in different formats to manage and store outputs on the City network. Timeline following receipt of an approved professional services agreement: Key Milestones Description Estimated Timeline Welcome • Email to introduce the team and next steps. On commencement Customer Data Review • Review of new network and incident data received. • Data review call if required. Week 1 Customer Kick- Off Meeting • Meeting to identify outstanding queries regarding data and agree paths to resolution. • Opportunity to discuss any additional data visualization requirements. Week 2 Exhibit A, Scope of Services, to Professional Services Agreement; Water Distribution Pipeline Assessment and Pipeline Leakage Risk Management Plan 4 • Outline the planned delivery schedule and key dependencies. Data Preparation • Cleaning and preparing data modelling inputs. • Filtering relevant data. • Segmentation of the pipeline network. Week 3-4 Modelling • Modelling pipe-level geospatial AI. • Combining the appropriate environmental factors with pipeline attributes. Week 5-6 Model Validation • Evaluating the strength of the model. • 5-fold cross-validation – intentionally withholding the most recent year of incidents. Week 7-9 Platform Upload • Post-model analytic. • Post-model formatting. • Customer site setup. Week 10 Customer Data Refresh Delivery • Data delivery within 45 business days from kick- off date or by the date agreed with the customer. • Meeting scheduled to recap on scope, show model validation report and analysis results presentation and navigation demo within the platform. Week 11 Additional Support • Agree review schedule with the customer to digest the results. • Revisit any questions or clarifications required by customer on model results. • Help design their study. Week 12-16 Data Validation and operational workflow mapping • Subject to discussion with customer. Week 16+ Exhibit A, Scope of Services, to Professional Services Agreement; Water Distribution Pipeline Assessment and Pipeline Leakage Risk Management Plan 5 Data Requirements Consultant’s requirements for Pipeline Risk Product: Customer Data Requirements Processing will only begin once all datasets required for processing have been provided, unless otherwise agreed upon by both parties. Metadata for any terms in needing definition, such as column and shorthand, translation to English, and direction on what data to use would avoid any unnecessary delays to project processing. Likelihood of Failure Distribution Pipeline Network GIS polyline format preferred with any changes (e.g. pipe section replaced with different material) that have occurred in the past 3 years. Please quote the total length of the network being provided. Distribution pipeline is primarily the pipe type modelled, and data networks will be filtered for just this network type. This will be unless the data provider makes clear that the transmission network is not significantly different and does not have a sufficient percentage of missing minimum attributes. Data provided to Rezatec will be assumed to be active rather than retired pipe, unless made explicitly clear by the data provider. This is so that only active pipe is modelled. Minimum attributes: • Material • Diameter (mm) • Age (Years old) • Length (m) • Pipeline type if applicable (a means to define distribution network) Further attributes (if available and subject to feasibility results): • Pressure • Depth • Flow • Pipeline network management areas (e.g. District Metered Area) The data feasibility is essential to ensure the successful delivery of the distribution network. Historic Incidents Minimum three years' worth of data in a format that can be assigned to each pipe section (i.e. location co-ordinates or pipeline section identifier). For retrospective assessment Consultant uses Year 1 and Year 2 to build the risk model. The results are then compared to Year 3 to demonstrate the accuracy of predictions. City will state the total number of incidents being provided. Minimum attributes: • Location of failure (XY co-ordinates) Exhibit A, Scope of Services, to Professional Services Agreement; Water Distribution Pipeline Assessment and Pipeline Leakage Risk Management Plan 6 • Date of failure Desirable attributes (if available): • Location of failure (Pipeline section) • Asset number • Infrastructure type (e.g. pipe, valve, junction, meter) • Cause of failure (e.g. collapse, vegetation, blockage) • Rate of leakage • Length of leakage • Remedial action taken If address level data is the only available location attribute, Consultant will need to perform a geocoding process which may result in inaccurate incident locations and the delivery being delayed. Transmission Pipeline Networks • These parts of the network are usually modelled separately to the distribution network as the attributes and locations are usually very different to distribution • City will ensure the networks are identified correctly as transmission or distribution • The data feasibility is essential to ensure Consultant can deliver insights for transmission networks Consequence of Failure Location Data • Areas of high risk to pipeline failure. Examples of these could be locations of: • GIS Point/Linestring/Polygon Format: • Hospitals • Schools • Transport structure like railway stations or critical road links. • Water bodies • High pressure zones In summary, any locational data the City would like Consultant to factor within the consequence of pipeline failure. If City does not have COF areas outlined in the City’s GIS, Consultant can use a standard approach, which includes schools, hospitals, airports etc. to populate these zones for the City. Consequence tiers Consultant also requires a guide as to the importance between each kind of risk area relative to each other. Consultant normally asks for tiered classifications of importance. An example of this can be as follows: Exhibit A, Scope of Services, to Professional Services Agreement; Water Distribution Pipeline Assessment and Pipeline Leakage Risk Management Plan 7 • Tier 1 – the least important but to still be consider as a high-risk area of interest (schools, shops) • Tier 2 – More important levels of risk (key infrastructure – Roads, railway stations) • Tier 3 – The most important (water bodies, hospitals) There does not need to be exactly 3 tiers, it can be more or less, but City must be able to provide Consultant with a differentiator between certain consequence variable impacts if you require this to be represented in the model. If you have no differentiator between your chosen consequence variables, we can assume that all factors will have the same level of weighting within the model. Data Cleaning Consultant will properly format the datasets obtained from all sources for compatibility with the model and for data inspection to ensure the data entering the model is accurate and relevant. Data Formats Consultant will pre-process the data for the entire area of interest using the consultant’s established data processing architecture. All data outputs shall be made available to the City through Consultant’s Platform. Raster and vector layers will be made available by Consultant for download in a range of GIS formats at the client’s request. Consultant will make available tabular analyses as needed by the City for download in CSV, shape file and other integration database formats for use in the City’s business activities and integration with Capital Planning Tools. Artificial Intelligence (AI) The LoF received from Consultant is derived from geospatial analysis and machine learning modelling. No weightings can be applied beforehand and therefore no manipulation of the outcome can be derived without changing the data input into the algorithm. The value of this algorithm implemented in a machine learning based approach is that it places the importance of the outcome on the input data going into the model and removes any bias involved in decisions about weighting to show only data-defined risk and LoF of a pipe segment. This algorithm will not work with a weighted input and, therefore cannot be manipulated in any other way as this will decrease output accuracy and value to the City. CoF does not use this AI piece and requires a consultative effort between the City and Consultant to derive. The algorithm is IP-protected for Rezatec Global and will not be shared with any outside entity. Exhibit A, Scope of Services, to Professional Services Agreement; Water Distribution Pipeline Assessment and Pipeline Leakage Risk Management Plan 8 Schedule A REZATEC DATA PRODUCTS ORDER FORM ORDER DETAILS: Customer Name: City of Eden Prairie Billing Terms: Customer Address: 8080 Mitchell Road, Eden Prairie, MN 55344 Effective Date: The Effective Date is September 30th, 2025, as specified in the Data Products and Platform Agreement Reference EDENPRAI002. Initial Term: A period of 12 from the Effective Date Payment Frequency: One-time. Invoiced in full on the Effective Date. Payment Method: Electronic Fund Transfer (EFT) only. Customer Contact: Rick Wahlen Payment Terms: Net 30 days in USD. Phone: +1 952-294-5908 Customer Accounts Payable Contact: Rick Wahlen Email: rwahlen@edenprairie.org Email: rwahlen@edenprairie.org ap@edenprairie.org Phone: +1 952-294-5908 NOTICE DETAILS: Customer: Rezatec: Treasurer Address: 8080 Mitchell Road, Eden Prairie, MN 55344 Address: 251 Little Falls Drive, Wilmington, New Castle County, Delaware, 19808, USA. Email: rwahlen@edenprairie.org Email: legal@rezatec.com Exhibit A, Scope of Services, to Professional Services Agreement; Water Distribution Pipeline Assessment and Pipeline Leakage Risk Management Plan 9 PLATFORM SUBSCRIPTION: – Products specifications: Data Product Description Area of Interest Price Ex-Tax Rezatec Pipeline Risk Standard Package 12-month platform access with one data delivery, providing a forward prediction for Likelihood of Failure (LoF), Consequence of Failure (CoF) and an overall pipeline Criticality Risk Score, highlighting the areas within the network most at risk. All these layers will be displayed in visual and tabular form, accessed via Rezatec’s web-based platform portal. See Appendix A (covering the 376.14 miles of water mains). $ 33,145.00 Total Subscription Price $ 33,145.00 DATA PRODUCTS SUBSCRIPTION: – Data Products specifications: Data Product – Model Type Length to be processed (miles)1 Area of Interest 1 Mains 376.14 See Appendix A 2 Service 0 3 Transmission 0 Total Length & Price 376.14 PLATFORM SUBSCRIPTION TERMS – ACCESS TO PLATFORM, DATA PRODUCTS AND AUTHORISED USERS Access to the Platform Platform URL (current) https://platform.rezatec.com/signin Platform URL (fall 2025) https://app.rezatec.com/ Authorised Users (insert rows as required): User Name: User Role/Team Email Address: Data Products Access: Rick Wahlen Utilities Operations Manager rwahlen@edenprairie.org Rezatec Water Pipeline Risk Zach Bodenner GIS Technician zbodenner@edenprairie.org Rezatec Water Pipeline Risk Andy Allmann Utilities Supervisor aallmann@edenprairie.org Rezatec Water Pipeline Risk 1 Final length delivered is always subject to Rezatec feasibility assessment. Exhibit A, Scope of Services, to Professional Services Agreement; Water Distribution Pipeline Assessment and Pipeline Leakage Risk Management Plan 10 Robert Ellis Public Works Director rellis@edenprairie.org Rezatec Water Pipeline Risk Carter Shulze City Engineer cschulze@edenprairie.org Rezatec Water Pipeline Risk Derek Schulze Utilities Maintenance Operator Lead dschulze@edenprairie.org Rezatec Water Pipeline Risk Andy Groth Engineering Technician agroth@edenprairie.org Rezatec Water Pipeline Risk DATA PROTECTION Scope of the processing: Provision of the Data Products and Platform. Nature of the processing: Storing password based access. Purpose of the processing: Provision of the Data products and Platform to the Customer. Duration of the processing: The duration of this Agreement. Types of personal data: Names and email addresses only. Categories of data subject: Authorised Users of the Platform only. Exhibit A, Scope of Services, to Professional Services Agreement; Water Distribution Pipeline Assessment and Pipeline Leakage Risk Management Plan 11 Appendix A Area of Interest shown in Figure 1 and Figure 2 Figure 1: Map of geographical location of City of Eden Prairie Water Mains network. Figure 2: City of Eden Prairie Water Mains network of 376.14 miles situated within the Rezatec Pipeline Risk Platform. City Council Agenda Cover Memo Date: Oct. 7, 2025 Section: Consent Calendar Item Number: VII.J. Department: Public Works/Engineering – Adam Gadbois ITEM DESCRIPTION Authorize purchase of two traffic signal battery backup cabinets as part of the Annual Signal Operations and Improvements (I.C. 25805). REQUESTED ACTION Move to: Authorize purchase of two traffic signal battery backup cabinets from Povolny Specialties for $30,000.00. 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 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 12B). Purchase of the main traffic control cabinets was previously authorized by the City Council at the August 12, 2025, meeting. Through final design it was determined that the power service cabinets should be replaced so they are on the same lifecycle. The new power service cabinets will be fitted with battery backup equipment such that the signal can remain operational in the event of power loss. Six of the existing 20 traffic signals currently have batter backups. Quotes were obtained from two suppliers with the lowest quote from Povolny Specialties in the amount of $30,000.00. This cost 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 – Quote Form QUOTATION Date 9/24/2025 Quote Number 50773 Name/Address CITY OF EDEN PRAIRIE 15150 TECHNOLOGY DR. EDEN PRAIRIE, MN 55344 Job: 7350 COURTHOUSE BLVD. INVER GROVE HTS., MN 55077 Created By MP Total Subtotal Sales Tax (0.0%) DBE,SBE,TGB,WBE & Wisconsin DBE Certified **SALES TAX SUBJECT TO CHANGE** *If material certs are required you must tell us at the time you place your order or we cannot guarantee that the material will be from the USA* Description UnitQuantityRate Amount COMPLETE HENNEPIN COUNTY BBU SERVICE CABINET2 15,000.00 30,000.00 • ALL UPS EQUIPMENT PROVIDED BY POVOLNY SPECIALTIES *ALL QUOTES ARE PRICED FOR PICK UP AT OUR DOCK *IF YOU WOULD LIKE YOUR MERCHANDISE SHIPPED OR DELIVERED THERE WILL BE AN EXTRA CHARGE *THERE IS NO WARRANTY ON PAINT OR POWDER COATING. * TERMS (WITH OPEN ACCOUNT) NET 30, HOLD AT 45, COD AT 60 DAYS *PRICES VOID AFTER 30 DAYS EXCEPT COPPER WHICH IS DAY TO DAY $30,000.00 $30,000.00 $0.00 City Council Agenda Cover Memo Date: Oct. 7, 2025 Section: Consent Calendar Item Number: VII.K. Department: Parks and Recreation ITEM DESCRIPTION 2026 Habitat Maintenance and Management for 12 sites on City land for invasive species management. REQUESTED ACTION Approve Standard Agreement for Contracted Services with Native Resource Preservation in an amount not to exceed $66,243.00 for the maintenance of the native conversion planting areas. SUMMARY The Parks & Natural Resources Division oversees a yearly contract to manage various ecological restoration projects throughout the City that includes projects from Water Resources (Engineering), Utilities, and Facilities. Projects include conversions from turf to prairie, raingardens, and forest restorations. By collaborating on a single contract, City staff are able to share expertise and reduce cost by bundling projects under one contract. Although only one bid was received, City staff feel confident in moving forward with Native Resource Preservation (NRP). The pricing is comparable to similar projects and the City has worked with NRP on previously. Of the six contractors, 5 had confirmed they did not have the capacity to submit bids, including: RES, NRS, Landbridge, Rock Leaf, and Ed’s Buckthorn Removal. ATTACHMENTS Standard Agreement for Contracted Services with Native Resource Preservation, Inc. Page 1 of 28 City of Eden Prairie – Habitat Management 2026 Bid Request Bid Submission: Bids shall be submitted electronically to kwittner@edenprairie.org before September 23, 2025, by 9am to be considered. Pre-bid Site Meeting: Available upon Request prior to September 17, 2025. 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 28 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 2026 Habitat Management Bid Request’ hereinafter referred to as the "Work". The City and Contractor agree as follows: 1. Scope of Work. The Contractor agrees to provide, perform and complete all the provisions of the Work in accordance with attached Exhibit A. Any general or specific conditions, terms, agreements, consultant or industry proposal, or contract terms attached to or a part of Exhibit A are declined in full and, accordingly, are deleted and shall not be in effect in any manner. 2. Effective Date and Term of Agreement. This Agreement shall become effective as of the date both the City and Contractor sign the contract. The Agreement shall continue for one (1) year with the option of renewal from year to year except that this Agreement may be terminated at the end of any one (1) year period with sixty (60) days prior written notice from either party. 3. Obligations of Contractor. Contractor shall conform to the following obligations: a. Contractor shall provide the materials and services as set forth in Exhibit A. b. Contractor’s personnel must be neat appearing, wear a uniform and badge that clearly identifies them as a service contractor, and abide by City’s no smoking policies. c. Contractor must honor the City’s request to reassign an employee for cause. Cause may include performance below acceptable standards or failure to present the necessary image or attitude, in the judgment of the owner, to present a first class operation. 4. City’s Obligations. City will do or provide to Contractor the following: a. Provide access to City properties as appropriate. 5. Compensation for Services. City agrees to pay the Contractor as listed on ‘‘City of Eden Prairie Native Plantings Maintenance Bid Request’ 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 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 28 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 28 and liability assumed under an insured contract (including the tort liability of another assumed in a business contract). There shall be no endorsement or modification of the Commercial General Liability form arising from pollution, explosion, collapse, underground property damage or work performed by subcontractors. d. Contractor shall maintain “stop gap” coverage if Contractor obtains Workers’ Compensation coverage from any state fund if Employer’s liability coverage is not available. e. All policies, except the Worker’s Compensation Policy, shall name the “City of Eden Prairie” as an additional insured. f. All policies, except the Worker’s Compensation Policy, Automobile Policy, and Professional Liability Policy, shall name the “City of Eden Prairie” as an additional insured including products and completed operations. g. All polices shall contain a waiver of subrogation in favor of the City. h. All General Liability policies, Automobile Liability policies, and Umbrella policies shall contain a waiver of subrogation in favor of the City. i. All polices, except the Worker’s Compensation Policy, shall insure the defense and indemnity obligations assumed by Contractor under this Agreement. j. Contractor agrees to maintain all coverage required herein throughout the term of the Agreement and for a minimum of two (2) years following City’s written acceptance of the Work. k. It shall be Contractor’s responsibility to pay any retention or deductible for the coverages required herein. l. All policies shall contain a provision or endorsement that coverages afforded thereunder shall not be cancelled or non-renewed or restrictive modifications added, without thirty (30) days’ prior notice to the City, except that if the cancellation or non-renewal is due to non-payment, the coverages may not be terminated or non-renewed without ten (10) days’ prior notice to the City. m. Contractor shall maintain in effect all insurance coverages required under this Paragraph at Contractor’s sole expense and with insurance companies licensed to do business in the state in Minnesota and having a current A.M. Best rating of no less than A-, unless specifically accepted by City in writing. n. A copy of the Contractor’s Certificate of Insurance which evidences the compliance with this Paragraph, must be filed with City prior to the start of Contractor’s Work. Upon request a copy of the Contractor’s insurance declaration page, Rider and/or Endorsement, as applicable shall be provided. Such documents evidencing Insurance shall be in a form acceptable to City and shall provide satisfactory evidence that Contractor has complied with all insurance requirements. Renewal certificates shall be provided to City prior to the expiration date of any of the required policies. City will not be obligated, however, to review such Certificate of Insurance, declaration page, Rider, Endorsement or certificates or other evidence of insurance, or to advise Contractor of any deficiencies in such documents and receipt thereof shall not relieve Contractor from, nor be deemed a waiver of, City’s right to enforce the terms of Contractor’s obligations hereunder. City reserves the right to examine any policy provided for under this paragraph. o. Effect of Contractor’s Failure to Provide Insurance. If Contractor fails to provide the specified insurance, then Contractor will defend, indemnify and hold harmless the City, the City's officials, agents and employees from any loss, claim, liability and expense (including reasonable attorney's fees and expenses of litigation) to the extent necessary to afford the same protection as would have been provided by the specified insurance. Except to the extent prohibited by law, this indemnity applies regardless of any strict liability or negligence attributable to the City (including sole negligence) and regardless of the extent to which the underlying occurrence (i.e., the event giving rise to a claim which would have been covered by the specified insurance) is attributable to the negligent or otherwise wrongful act or omission (including breach of contract) of Contractor, its subcontractors, agents, employees or delegates. Contractor agrees that this indemnity shall be construed and applied in favor of indemnification. Contractor also agrees that if applicable law limits or precludes any aspect of this indemnity, then the indemnity will be considered limited only to the extent necessary to comply with that applicable law. The stated indemnity continues until all applicable statutes of limitation have run. Page 5 of 28 If a claim arises within the scope of the stated indemnity, the City may require Contractor to: i. Furnish and pay for a surety bond, satisfactory to the City, guaranteeing performance of the indemnity obligation; or ii. Furnish a written acceptance of tender of defense and indemnity from Contractor's insurance company. Contractor will take the action required by the City within fifteen (15) days of receiving notice from the City. 10. Indemnification. Contractor will defend and indemnify City, its officers, agents, and employees and hold them harmless from and against all judgments, claims, damages, costs and expenses, including a reasonable amount as and for its attorney’s fees paid, incurred or for which it may be liable resulting from any breach of this Agreement by Contractor, its agents, contractors and employees, or any negligent or intentional act or omission performed, taken or not performed or taken by Contractor, its agents, contractors and employees, relative to this Agreement. City will indemnify and hold Contractor harmless from and against any loss for injuries or damages arising out of the negligent acts of the City, its officers, agents or employees. 11. Warranty. The Contractor expressly warrants and guarantees to the City that all Work performed and all materials furnished shall be in accord with the Agreement and shall be free from defects in materials, workmanship, and operation which appear within a period of one year, or within such longer period as may be prescribed by law or in the terms of the Agreement, from the date of City’s written acceptance of the Work. The City’s rights under the Contractor’s warranty are not the City’s exclusive remedy. The City shall have all other remedies available under this Agreement, at law or in equity. Should any defects develop in the materials, workmanship or operation of the system within the specified period, upon notice from the City, the Contractor agrees, within ten (10) calendar days after receiving written notice and without expense to the City, to repair, replace and in general to perform all necessary corrective Work with regard to the defective or nonconforming Work or materials to the satisfaction of the City. THE FOREGOING SHALL NOT IN ANY MANNER LIMIT THE CITY’S REMEDY OR THE CONTRACTOR’S LIABILITY TO THOSE DEFECTS APPEARING WITHIN THE WARRANTY PERIOD. The Contractor agrees to perform the Work in a manner and at a time so as to minimize any damages sustained by the City and so as to not interfere with or in any way disrupt the operation of the City or the public. The corrective Work referred to above shall include without limitation, (a) the cost of removing the defective or nonconforming Work and materials from the site, (b) the cost of correcting all Work of other Contractors destroyed or damaged by defective or nonconforming Work and materials including the cost of removal of such damaged Work and materials form the site, and (c) the cost of correcting all damages to Work of other Contractors caused by the removal of the defective or nonconforming Work or materials. The Contractor shall post bonds to secure the warranties. 12. Termination. a. This Agreement may be terminated at any time by either party for breach or non-performance of any provision of this Agreement in accordance with the following. The party (“notifying party”) who desires to terminate this Agreement for breach or non-performance of the other party (“notified party”) shall give the notified party notice in writing of the notifying party’s desire to terminate this Agreement describing the breach or non-performance of this Agreement entitling it to do so. The notified party shall have five (5) days from the date of such notice to cure the breach or non-performance. Upon failure of the notified party to do so, this Agreement shall automatically terminate. b. Upon the termination of this Agreement, whether by expiration of the original or any extended term or terms hereof, or for any other reason, Contractor shall have the right, within a reasonable time after such termination to remove from City’s premises any and all of Contractor’s equipment and other property. Except for liability resulting from acts or omissions of a party, arising, taken or omitted prior Page 6 of 28 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 28 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 28 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: _______________________________ Owner Page 9 of 28 Exhibit A 1)SCOPE OF WORK 1.City of Eden Prairie proposes to hire a vegetation management contractor to manage invasive and undesirable vegetation throughout native planting sites. There will be a total of 12 sites with notes on the main species to focus on at each visit. Locations and maps are located below in Exhibit B. Each site will need to have maintenance work performed at that site as many times as listed on the pricing form. 2.Undesirable Species: The objective for all sites is to reduce/eliminate invasive and undesirable herbaceous and woody plants to encourage plant diversity onsite for pollinator and wildlife habitat. The notes on each site will state the main species to be targeted Specifically, the objective is to decrease the prevalence of all species listed on MN Noxious Weeds List (Eradicate, Control, Restricted, and Specially Regulated) and species listed on the MN DNR Invasive Terrestrial Plants list. In addition to the species found on these lists, the following species will also be controlled: Common Name Common Name Boxelder Musk thistle Silver maple Orchard grass Autumn olive Queen Anne’s lace Winged euonymus Barnyard grass Green ash Quack grass Showy fly honeysuckle Dame’s rocket Morrow’s honeysuckle Common toadflax (Butter & eggs) European fly honeysuckle Alfalfa White mulberry Timothy Grass White poplar, European poplar Common Reed Grass Aspen Kentucky bluegrass Sumac Curly dock Willow Gooseberry/currant Eastern cottonwood Soapwort (Bouncing Bet) Raspberry/blackberry Foxtail grasses European mountain-ash Bittersweet nightshade Black mustard Wild Lettuce Common Ragweed Sow thistle Velvetleaf Siberian elm Marestail Japanese hedge parsley American elm Red Clover Prickly ash Mullein Common burdock Giant Ragweed Page 10 of 28 2) SPECIFICATIONS – GENERAL 3. The Contractor is required to meet with the City at a location determined by the City prior to any work beginning on this contract. The intent of this meeting is to discuss the various sites, the goals for the sites, and to determine the best management strategy for each site. 4. The contractor must mow or treat all undesirable species at every visit. The contractor will have a price per visit for each site. The Contractor needs to build labor, materials, equipment, and mobilization expenses into their cost per visit for each site. The Contractor will need to furnish the City with a list of all the sites indicating the date the site was worked on, the targeted plant(s), and the management activities completed with each invoice. The Contractor must have the capabilities to track and provide the above information to the City. Performance Standards must be met before payment will be issued. Visit 1 must occur before June 1 of a given year unless otherwise approved by the City. 5. Manage all Undesirable Species as defined in Exhibit A Scope of Work 2. Species shall be managed by the Contractor such that seedset is reduced or eliminated and the ability of the plant to compete with desirable vegetation is greatly reduced. 6. Contractor must manage each of the sites in this contract as many times as is indicated in the pricing form per growing season to apply herbicide and/or mow Undesirable Species. 7. Some sites may require additional work to these Specifications in Exhibit A. Additional specifications may be listed under the site map and must be completed as listed in Exhibit B. 8. Contractor will notify the City’s Project Manager at least 24-hours in advance of when they plan to be on-site. The Contractor must also contact the City’s Project Manager within the first 48 hours of work occurring on this project to confirm that work went as intended. 9. Contractor shall provide a certificate of liability insurance, listing the City of Eden Prairie as a Certificate Holder covering all activities within the scope of the contract performed by the Contractor. The policy must have a single limit liability coverage minimum of $1,000,000. Contractor must provide a certificate of workers compensation coverage prior to starting work. All costs for fuel, parts, equipment, and labor are the contractor’s responsibility. 10. Work may only be performed from 7AM-7PM, Monday through Friday, unless prior approval is given by the City’s Project Manager. Work may not occur on holidays recognized by the City of Eden Prairie. 11. For all tasks, follow best management practices to minimize negative impacts including but not limited to: soil compaction, rutting, and other soil disturbances; herbicide drift and non-target impacts; disturbance to nesting birds and other wildlife. Any rutting of soils or damage to land must be mitigated before payment will be granted. 12. Vehicles are not allowed on steep slopes (greater than 40% grade). 13. Care should be taken to minimize negative impacts to existing desirable plants using selective herbicides and seasonal timing for spraying/mowing. Page 11 of 28 14. Any machinery/equipment used on this contract must be thoroughly cleaned prior to entering a site to prevent bringing in undesirable seeds. 15. No portion of the work on this contract may be sub-contracted or performed by another contractor other than the contractor listed in this agreement, unless approved by the City. 16. Failure to abide by any of these specifications could result in nonpayment for services or immediate termination of this contract, as decided by the City. 3) SPEFICIATIONS – HERBICIDE 17. Herbicide applicators must be Minnesota Department of Agriculture Commercial certified pesticide applicators. Herbicide application must follow industry standards for temperature and weather conditions, according to label directions and the State of MN Commercial Pesticide Applicator Manual. Label directions must be followed; active ingredient must be of sufficient percentage to effectively kill the target weeds. Herbicide application must follow label instructions and recommendations, and applicator must follow all industry safety standards. 18. Avoid herbicide application on windy days and ensure a rain-free period of at least 3 hours after application. 19. All undesirable woody plants greater than 4” DBH (diameter at breast height) must but cut, stumps treated, and wood hauled offsite. 20. All undesirable woody plants smaller than 4” DBH (diameter at breast height) must receive basal bark treatments and/or removed with brush saw. 21. Aquatic formula is required when applying within 100 feet of a wetland, including aquatic approved surfactants such as Agri-Dex (Helena). 22. Herbicide should be applied when plants are not dormant. This is typically between April and November but varies year to year. 23. Herbicide dye should be used to indicate treated areas for City Inspection. 24. Herbicide applicators must be able to accurately identify all Undesirable Species listed in this contract. 4) SPECIFICATIONS – MOWING 25. Spot mowing will be used to control patches of certain invasive and noxious vegetation. The City recommends the use of hand held weed trimmers or hand pulling; consult with the City before using any other type of equipment. 26. When flail mowing a site, vegetation shall be cut to a height of 6-8”. It is required that some sites be flail mowed two (2) times throughout the growing season. Sites where this is required are noted in Exhibit B. The cost of this flail mowing must be incorporated into the site visit pricing for the indicated sites. Page 12 of 28 PERFORMANCE STANDARDS Management Task Payment Schedule Performance Standards Corrective Measures Herbicide Application Full payment upon completion and achievement of performance standard. 95% of Undesirable Species have been treated and there is visual confirmation of treatment by City Project Manager. All specifications in this contract have been met. Contractor must send crew out to treat missed undesirable species within two weeks after initial application. Contractor will not be paid for additional hours for re- treatment within this time period. After re-inspection and confirmation of completeness by the City, payment will be released for initial visit. Spot Mowing Full payment upon completion and achievement of performance standard. 95% of the Undesirable Species have been cut down with cut vegetation dispersed to avoid clumping and smothering of new growth. All specifications in the contract have been met. Contractor must send crew out to treat missed undesirable species within two weeks after initial spot mow. Contractor will not be paid for additional hours for re-mowing within this time period. After re-inspection and confirmation of completeness by the City, payment will be released for initial visit. Flail Mowing Full payment upon completion and achievement of performance standard. The entire project area has been mowed to a height of 6- 8” with vegetation dispersed to avoid clumping and smothering of new growth. If mowing results in any clumping, smothering of new growth, or if ruts are formed, Contractor will CEASE activity until conditions improve. If the City deems it necessary, the Contractor will remove thatch from mowed areas and/or repair ruts and seed damaged area prior to the release of payment. Contractor must send a crew out to re-mow site if site was not mowed to the specified height within a 3 week time period. Contractor will not be paid for additional hours for re-mowing within this time period. After re-inspection and confirmation of completeness by the City, payment will be released for the initial visit. IMPORTANT NOTE: Any performance standard(s) not met, as determined by the City, shall require correction by Contractor. Method of correction will be discussed with and approved by the City in writing prior to implementation. Corrections shall be implemented by Contractor at Contractor’s expense until all performance standards are met. Page 13 of 28 OFFICIAL BID FORM *All site maps can be found in Exhibit B* *Sites in proximity to each other are labeled with the same letter. Small Area Maintenance Site Visit Cost Notes A1. Smith Coffee House Raingardens - 8107 Eden Prairie Rd Visit 1 $ May: Pull any weedy plants out by hand Visit 2 $ June: Pull or spot spray weeds Visit 3 $ September: Spot spray any weedy species A2. Well House 6 & 7 (On Valley View Rd) - 14900 Valley View Rd & 15580 Valley View Rd (1.0-acre total; 0.5 acre each) Visit 1 $ June: Treat thistle, reed canary grass, vetch, birdsfoot trefoil Visit 2 $ August: Treat vetch, birdsfoot trefoil, Japanese brome, smooth brome, foxtail grass B3. Stable Path Stormwater Pond - Next to 18235 Dell Dr (0.2 acres) Visit 1 $ May: Treat thistle, reed canary grass, vetch Visit 2 $ July: Treat curly dock, velvet leaf, thistle, smooth brome, and foxtail grass Visit 3 $ September: Treat any remaining non-natives & cut/treat any woody volunteers C4. Fire Station #2 - 12100 Sunnybrook Rd (0.3 acres) Visit 1 $ June: treat thistle, clovers, wild lettuce, quack grass, smooth brome, curly dock, mustards Visit 2 $ July/August: Weed whip any non-natives Visit 3 $ September: Treat any remaining non-natives & cut/treat any woody volunteers 1,040.00 1,040.00 594.00 586.00 578.00 600.00 600.00 540.00 540.00 540.00 600.00 Page 14 of 28 Prairie Conversion Re-dos Site Visit Cost Notes A5. Edenbrook C.A. Parking Lot - 6655 Dell Road (0.8 acres) Visit 1 $ May: treat knapweed, leafy spurge, thistle Visit 2 $ June: treat smooth brome, clovers, vetch Visit 3 $ August: treat knapweed, vetch, birdsfoot trefoil, foxtail grass Visit 4 $ September: Treat any remaining non-natives & cut/treat any woody volunteers. City will reseed bare spots. A6. Hidden Ponds Park - 18300 Twilight Trail (0.8 acres) Visit 1 $ May: treat reed canary grass, thistle, leafy spurge and other non-natives Visit 2 $ June: Flail Mow western half of project area Visit 3 $ August: treat reed canary grass, thistle, foxtail grass, and other non-natives, broadcast spray western half if needed Visit 4 $ September/October: Flail mow western half of project area low to prep for City to reseed B7. North of 9820 Eden Prairie Rd Visit 1 $ June: Mow Entire Site (6 -8 inches) (0.3 acres) Visit 2 $ July: Treat vetch, birdsfoot, thistle, sweet clover Visit 3 $ September: Treat any remaining non-natives Visit 4 $ Optional: Additional mowing later in the season if vetch is still aggressive D8. Topview - 7231 Gerard Dr (0.5 acres) Visit 1 $ May: treat burdock, thistle, brome. Visit 2 $ June: Flail Mow Entire Site Visit 3 $ July/August: treat foxtail grass and other non-natives Visit 4 $ September/October: Flail mow low to prep for City to reseed 715.00 821.00 1,028.00 827.00 692.00 827.00 746.00 550.00 550.00 746.00 547.00 959.00 712.00 959.00 827.00 692.00 Page 15 of 28 Restoration Areas Maintenance Site Visit Cost Notes A9. Edenbrook Conservation Area - Tristram Way Entrance (9.3 acres) Visit 1 $ May: Treat Garlic mustard, thistle, leafy spruge, reed canary grass, burdock Enter from Trail east of 18381 Tristram Way Vist 2 $ June: Critical Cutting of Buckthorn & honeysuckle (anything taller than 3 ft) Visit 3 $ August: Treat buckthorn seedlings, burdock, thistle, reed canary grass (other non-natives) Visit 4 $ September/October: cut &/or treat any remaining non-natives D10. Valley View - W of 10300 Valley View (1.2 acres) Visit 1 $ May: treat burdock, thistle, garlic mustard, reed canary grass Visit 2 $ July: thistle, purple loosestrife, smooth brome, buckthorn Visit 3 $ Optional: cut &/or treat any remaining non-natives if needed D11. Lake Smetana - 7620 Smetana Ln (1.2 acres) Visit 1 $ May: Treat Garlic mustard, thistle, leafy spruge, reed canary grass Vist 2 $ June: Critical Cutting of Buckthorn & honeysuckle (anything taller than 3 ft) -*Can do earlier or in winter Visit 3 $ July: Treat vetch, birdsfoot, smooth brome Visit 4 $ September/October: cut &/or treat any remaining non-natives D12. Cardinal Creek - 12800 Gerard Dr (4.9 acres) Visit 1 $ May: Treat garlic mustard, thistle, leafy spruge, reed canary grass, burdock, bittercress Additonal Entrance off Cardinal Creek Rd Vist 2 $ June: Critical Cutting of Buckthorn & honeysuckle (anything taller than 3 ft) Visit 3 $ July/August: Treat buckthorn seedlings, burdock, thistle, reed canary grass (other non-natives) Visit 4 $ September/October: cut &/or treat any remaining non-natives Total Dollar Amount Awarded (To Be Filled OUT By City: _______________________ All of the costs above in orange must be completed by the Contractor in order for the bid to be valid. The contract will be awarded based on the lowest lump sum bid 5,382.00 3,994.00 7,212.00 5,359.00 1,133.00 1,188.00 1,088.00 1,088.00 1,172.00 1,180.00 1,079.00 4,036.00 3,675.00 5,403.00 3,798.00 Page 16 of 28 Contractor Contact Information Company Name: Primary Contact: Company Email: Company Phone #: 5)COMMENCEMENT OF WORK, COMPLETION OF WORK, AND INVOICING 27.All work shall be completed by December 1, 2026. 28.The Contractor will need to furnish the City with a list of all the sites indicating the date the site was worked on, the targeted plant(s), and the management activities completed with each invoice .A copy of the record of all pesticide/herbicide applications shall be submitted to the City. Submitting records with invoices is acceptable. 29.Invoicing for completed work shall not be submitted more frequently than on a monthly basis. 30.E- mail invoices to kwittner@edenprairie.org 31.The undersigned, after having personally examined the plans, specifications, for the proposed work, hereby proposes to furnish all labor, materials, equipment, and service necessary for the work outlined in this contract. 32.The undersigned further agrees to fully complete all such work and to maintain the entire work in a proper and workman like manner until approved and accepted by the City’s Project Manager in accordance with this contract. 33.The undersigned further proposes to comply with all legal requirements of contractors on public property. 34.It is hereby agreed that the City of Eden Prairie has the right to reject this proposal or to award the work to the undersigned at the prices stipulated. The City of Eden Prairie also reserves the right to increase or decrease the quantity of work as indicated in the original proposal at any time. By signing below the contractor agrees to meet all requirements listed as conditions and specifications of this document, along with the ‘City of Eden Prairie Requirements for Contract Services’. If the city accepts the proposed bid, a city representative(s) will sign under the contract language and return to the company, making this a formal contract. Contractor signs at time of bid. _____________________________________________ Legal Name of Company _____________________________________________ Legal Address of Company By_______________________________ _________________________ Authorized Company Representative Date Native Resource Preservation LLC Eric Bergeron eric.bergeron@nrp.eco (612) 275-1614 Native Resource Preservation LLC 260 Wentworth Ave E, Suite 155, West Saint Paul, MN 55118 09/22/2025 Page 17 of 28 Exhibit B: SITE MAPS & DESCRIPTIONS A1. Smith Coffee House Raingardens -8107 Eden Prairie Rd Visit 1 May: Pull any weedy plants out by hand Visit 2 June: Pull or spot spray weeds Visit 3 September: Spot spray any weedy species Page 18 of 28 A2. Well House 6 & 7 (On Valley View Rd) - 14900 Valley View Rd & 15580 Valley View Rd (1.0 acre total; 0.5 acre each) Visit 1 June: Treat thistle, reed canary grass, vetch, birdsfoot trefoil Visit 2 August: Treat vetch, birdsfoot trefoil, Japanese brome, smooth brome, foxtail grass Page 19 of 28 B3. Stable Path Stormwater Pond - Next to 18235 Dell Dr (0.2 acres) Visit 1 May: Treat thistle, reed canary grass, vetch Visit 2 July: Treat curly dock, velvet leaf, thistle, smooth brome, and foxtail grass Visit 3 September: Treat any remaining non-natives & cut/treat any woody volunteers Page 20 of 28 C4. Fire Station #2 - 12100 Sunnybrook Rd (0.3 acres) Visit 1 June: treat thistle, clovers, wild lettuce, quack grass, smooth brome, curly dock, mustards Visit 2 July/August: Weed whip any non-natives Visit 3 September: Treat any remaining non-natives & cut/treat any woody volunteers Page 21 of 28 A5. Edenbrook C.A. Parking Lot - 6655 Dell Road (0.8 acres) Visit 1 May: treat knapweed, leafy spurge, thistle Visit 2 June: treat smooth brome, clovers, vetch Visit 3 August: treat knapweed, vetch, birdsfoot trefoil, foxtail grass Visit 4 September: Treat any remaining non-natives & cut/treat any woody volunteers. City will reseed bare spots. Page 22 of 28 A6. Hidden Ponds Park - 18300 Twilight Trail (0.8 acres) Visit 1 May: treat reed canary grass, thistle, leafy spurge and other non-natives Visit 2 June: Flail Mow western half of project area Visit 3 August: treat reed canary grass, thistle, foxtail grass, and other non-natives, broadcast spray western half if needed Visit 4 September/October: Flail mow western half of project area low to prep for City to reseed Western Half 827.00 Page 23 of 28 B7. North of 9820 Eden Prairie Rd Visit 1 June: Mow Entire Site (6 -8 inches) (0.3 acres) Visit 2 July: Treat vetch, birdsfoot, thistle, sweet clover Visit 3 September: Treat any remaining non-natives Visit 4 Optional: Additional mowing later in the season if vetch is still aggressive Page 24 of 28 D8. Topview - 7231 Gerard Dr (0.5 acres) Visit 1 May: treat burdock, thistle, brome. Visit 2 June: Flail Mow Entire Site Visit 3 July/August: treat foxtail grass and other non-natives Visit 4 September/October: Flail mow low to prep for City to reseed Page 25 of 28 A9. Edenbrook Conservation Area - Tristram Way Entrance (9.3 acres) Visit 1 May: Treat Garlic mustard, thistle, leafy spurge, reed canary grass, burdock Enter from Trail east of 18381 Tristram Way Visit 2 June: Critical Cutting of Buckthorn & honeysuckle (anything taller than 3 ft) Visit 3 August: Treat buckthorn seedlings, burdock, thistle, reed canary grass (other non-natives) Visit 4 September/October: cut &/or treat any remaining non-natives Board Walks 9.3 Acres Page 26 of 28 D10. Valley View - W of 10300 Valley View (1.2 acres) Visit 1 May: treat burdock, thistle, garlic mustard, reed canary grass Visit 2 July: thistle, purple loosestrife, smooth brome, buckthorn Visit 3 Optional: cut &/or treat any remaining non-natives if needed Page 27 of 28 D11. Lake Smetana - 7620 Smetana Ln (1.2 acres) Visit 1 May: Treat Garlic mustard, thistle, leafy spurge, reed canary grass Vist 2 June: Critical Cutting of Buckthorn & honeysuckle (anything taller than 3 ft) -*Can do earlier or in winter Visit 3 July: Treat vetch, birdsfoot, smooth brome Visit 4 September/October: cut &/or treat any remaining non-natives Page 28 of 28 D12. Cardinal Creek - 12800 Gerard Dr (4.9 acres) Visit 1 May: Treat garlic mustard, thistle, leafy spurge, reed canary grass, burdock, bittercress Additional Entrance off Cardinal Creek Rd Visit 2 June: Critical Cutting of Buckthorn & honeysuckle (anything taller than 3 ft) Visit 3 July/August: Treat buckthorn seedlings, burdock, thistle, reed canary grass (other non-natives) Visit 4 September/October: cut &/or treat any remaining non-natives City Council Agenda Cover Memo Date: Oct. 7, 2025 Section: Consent Calendar Item Number: VII.L. Department: Parks and Recreation ITEM DESCRIPTION Restore remnant prairie and manage vegetation along the paved trail at Richard T. Anderson (RTA) Conservation Area. REQUESTED ACTION Accept proposal and authorize entering a Contract for Goods and Services with Landbridge Ecological Services for the RTA Maintenance Trail Prairie Restoration at an amount not to exceed $118,959.85. SUMMARY The City received Environment and Natural Resources Trust Funds (ENRTF) as recommended by the Legislative-Citizen Commission on Minnesota Resources (LCCMR) to restore remnant prairie and construct a retaining wall along the paved trail connecting the upper and lower parking lots, referred to as the Maintenance Trail. This project will build on previous work completed in 2022, in partnership with Hennepin County. The project will include encroaching woody removal to help reestablish native species, invasive species management, and revegetating as needed. The City received two proposals from Native Resource Preservation and Landbridge Ecological. The proposal selected had the lowest proposed cost and included the best management practices for remnant prairies. The total cost of the project will include a cash match from the City of 25% to meet grant requirements. Vendor Total Cost: Native Resource Preservation $ 154,734.87 Landbridge Ecological $ 118,959.85 ATTACHMENTS Contract Page 1 of 20 City of Eden Prairie – RTA Maintenance Trail Prairie Restoration Requests for Proposal Proposal Submission: Proposals shall be submitted electronically to kwittner@edenprairie.org Before Tuesday, September 23 by 12 pm to be considered. Mandatory Site Meeting: Thursday, August 28 at 9:30 am Richard T. Anderson Conservation Area 18700 Flying Cloud Dr Eden Prairie, MN 55344 Questions Due: Submit all questions by Friday, September 12 All questions will be gathered and responded by the City on Monday September 15 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 RTA Maintenance Trail Prairie Restoration hereinafter referred to as the "Work". The City and Contractor agree as follows: 1.Scope of Work. The Contractor agrees to provide, perform and complete all the provisions of the Work in accordance with attached Exhibit A, Exhibit B, and Exhibit C. Any general or specific conditions, terms, agreements, consultant or industry proposal, or contract terms attached to or a part of Exhibit A are declined in full and, accordingly, are deleted and shall not be in effect in any manner. 2.Effective Date and Term of Agreement. This Agreement shall become effective as of the date both the City and Contractor sign the contract. The Agreement shall continue for one (1) year with the option of renewal from year to year except that this Agreement may be terminated at the end of any one (1) year period with sixty (60) days prior written notice from either party. 3.Obligations of Contractor. Contractor shall conform to the following obligations: a.Contractor shall provide the materials and services as set forth in Exhibit A. b.Contractor’s personnel must be neat appearing, wear a uniform and badge that clearly identifies them as a service contractor, and abide by City’s no smoking policies. c.Contractor must honor the City’s request to reassign an employee for cause. Cause may include performance below acceptable standards or failure to present the necessary image or attitude, in the judgment of the owner, to present a first class operation. 4.City’s Obligations. City will do or provide to Contractor the following: a.Provide access to City properties as appropriate. 5.Compensation for Services. City agrees to pay the Contractor as listed on ‘‘City of Eden Prairie RTA Maintenance Trail Prairie Restoration” as full and complete payment for the labor, materials and services rendered pursuant to this Agreement and as described in Exhibit A, Exhibit B, and Exhibit C. a.Any changes in the scope of the work which may result in an increase to the compensation due to the Contractor shall require prior written approval by an authorized representative of the City or by the City Council. The City will not pay additional compensation for services that do not have prior written authorization. b.If Contractor is delayed in performance due to any cause beyond its reasonable control, including but not limited to strikes, riots, fires, acts of God, governmental actions, actions of a third party, or actions or inactions of City, the time for performance shall be extended by a period of time lost by reason of the delay. Contractor will be entitled to payment for its reasonable additional charges, if any, due to the delay. c.Pursuant to Minnesota Statutes 177.41 to 177.44, and corresponding Minnesota Rules 5200.1000 to 5200.1120, this contract is subject to the prevailing wages as established by the Minnesota Department of Labor and Industry. Specifically, all contractors and subcontractors must pay all laborers and mechanics the established prevailing wages for work performed under the contract. Failure to comply with the aforementioned may result in civil or criminal penalties. Page 3 of 20 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.” 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 themmay 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 Page 4 of 20 Liability $1,000,000 combined single limit each accident (shall include coverage for all owned, hired and non-owed vehicles.) Umbrella or Excess Liability $1,000,000 c.Commercial General Liability. The Commercial General Liability Policy shall be on ISO form CG 00 01 12 07 or CG 00 01 04 13, or the equivalent. Such insurance shall cover liability arising from premises, operations, independent contractors, products-completed operations, personal and advertising injury, and liability assumed under an insured contract (including the tort liability of another assumed in a business contract). There shall be no endorsement or modification of the Commercial General Liability form arising from pollution, explosion, collapse, underground property damage or work performed by subcontractors. d.Contractor shall maintain “stop gap” coverage if Contractor obtains Workers’ Compensation coverage from any state fund if Employer’s liability coverage is not available. e.All policies, except the Worker’s Compensation Policy, shall name the “City of Eden Prairie” as anadditional 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 inMinnesota and having a current A.M. Best rating of no less than A-, unless specifically accepted by City in writing. n.A copy of the Contractor’s Certificate of Insurance which evidences the compliance with this Paragraph, must be filed with City prior to the start of Contractor’s Work. Upon request a copy of the Contractor’s insurance declaration page, Rider and/or Endorsement, as applicable shall be provided. Such documents evidencing Insurance shall be in a form acceptable to City and shall provide satisfactory evidence that Contractor has complied with all insurance requirements. Renewal certificates shall be provided to City prior to the expiration date of any of the required policies. City will not be obligated, however, to review such Certificate of Insurance, declaration page, Rider, Endorsement or certificates or other evidence of insurance, or to advise Contractor of any deficiencies in such documents and receipt thereof shall not relieve Contractor from, nor be deemed a waiver of, City’s right to enforce the terms of Contractor’s obligations hereunder. City reserves the right to examine any policy provided for under this paragraph. o.Effect of Contractor’s Failure to Provide Insurance. If Contractor fails to provide the specified insurance, then Contractor will defend, indemnify and hold harmless the City, the City's officials, agents and employees from any loss, claim, liability and expense (including reasonable attorney's fees and expenses of litigation) to the extent necessary to afford the same protection as would have been provided by the specified insurance. Except to the extent prohibited by law, this indemnity applies regardless of any strict liability or negligence attributable to the City (including sole negligence) and regardless of the extent to Page 5 of 20 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. 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 writtennotice 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 waydisrupt 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 otherContractors 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 Page 6 of 20 describing the breach or non-performance of this Agreement entitling it to do so. The notified party shall have five (5) days from the date of such notice to cure the breach or non-performance. Upon failure of the notified party to do so, this Agreement shall automatically terminate. b.Upon the termination of this Agreement, whether by expiration of the original or any extended term or terms hereof, or for any other reason, Contractor shall have the right, within a reasonable time after such termination to remove from City’s premises any and all of Contractor’s equipment and other property. Except for liability resulting from acts or omissions of a party, arising, taken or omitted prior to such termination, the rights and obligations of each party resulting from this Agreement shall cease upon such termination. Any prior liability of a party shall survive termination of this Agreement. c.In the event of dissolution, termination of existence, insolvency, appointment of a receiver, assignment for the benefit of creditors, or the commencement of any proceeding under any bankruptcy or insolvency law, or the service of any warrant, attachment, levy or similar process involving Contractor, City may, at its option in addition to any other remedy to which City may be entitled, immediately terminate this Agreement by notice to Contractor, in which event, this Agreement shall terminate on the notice becoming effective. 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. Page 7 of 20 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 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. Page 9 of 20 Exhibit A 1)SCOPE OF WORK The City of Eden Prairie is requesting proposals for qualified contractors to provide ecological management of a remnant prairie and oak savanna complex. This project will take place in conjunction with the installation of a retaining wall adjacent to the paved trail. Activities may include removal of encroaching woodys, brush piles burning, conduct a prescribed burn, and manage undesirable plants at the Prairie in Richard T. Anderson Conservation Area (RTA). The contract term will expire June 1, 2028. Project Location: Richard T. Anderson Conservation Area (RTA) 18700 Flying Cloud Drive, Eden Prairie, MN 55347 18359 Frontier Pl, Eden Prairie, MN 55347 1.Project Requirements for ENRTF-Funded Restoration Efforts 1.1.1. The project is funded and designated by LCCMR from the Environmental Natural Resources Trust Fund. The work plan submitted can be found in Attachment A. All rules, regulations, and grant requirements must be followed. 1.1.2. Appropriate assurances, such as a fixed price contract or performance bond, must be in place between the City and the contractor that contract will be completed in a manner consistent with the approved work plan and design. 1.1.3. Pursuant to Minnesota Statutes 177.41 to 177.44, and corresponding Minnesota Rules 5200.1000 to 5200.1120, this contract is subject to the prevailing wages as established by the Minnesota Department of Labor and Industry. Specifically, all contractors and subcontractors must pay all laborers and mechanics the established prevailing wages for work performed under the contract. Failure to comply with the aforementioned may result in civil or criminal penalties. 1.1.4. Must use native plant species according to the Board of Water and Soil Resources' native vegetation establishment and enhancement guidelines and include an appropriate diversity of native species selected to provide habitat for pollinators throughout the growing season as required under Minnesota Statutes, section 84.973. 1.1.5. Follow pertinent pollinator best management practices as outlined in Attachment B. 1.1.6. Follow MN DNR Policy on Invasive Species Prevention and Management found in Attachment C. 2.Please include the following line items (bold) in proposal (detailed in Exhibit B): 1.2.1. RTA Area 2A – 3 Acres - Restore Remnant Prairie/Oak Savanna 1.2.1.1. Red Cedar Removal: A systematic removal of red cedars & buckthorn over a 2 to 3- year period to minimize interim erosion. Cedars logs will need to be utilized to help stabilize the steep slope. Remaining debris can be hauled off site when reasonable or piled to be burned. Include pile burning as a separate line item. Page 10 of 20 1.2.1.2. Alternate - Erosion Control: If utilization of red cedars on site is not sufficient to reduce erosion, then Installation of ecofriendly, biodegradable erosion control measures will be needed. Provide price per acre of erosion control installation. Contractor should plan on installing a cover crop after each red cedar removal and additional installation as needed. Provide price per acre for cover crop. 1.2.1.3. Invasive Species Management: May include herbicide spot spraying, weed whipping, targeted mowing, or other techniques. 1.2.1.4. Prescribed Burn: Conduct after all red cedar removals and enough fuel establishment. Most likely Fall 2027 or Spring 2028. 1.2.1.5. Alternate - Seed/Labor: If natural seed bank is not present, then installation Ups13/14 seed mix with local eco-type origin (must be from Hennepin, Scott or Carver County). Enter separate line item for seed cost as pounds per acre. 1.1.2 RTA Area 2 – 3.7 - Enhance Remnant Prairie/Oak Savanna 1.2.1.6. Alternate – Buckthorn Removal: Daily rate for brushsaw/hand removal of non- native woodys with a crew of 4. 1.2.1.7. Invasive Species Management: Must use methods that will not damage native plant community. Backpack sprayers or similar can be used, UTV may be used as a nurse tank. Weed whipping, hand pulling, or other techniques should be considered when reasonable. 1.2.1.8. Prescribed Burn: Last burn occurred in Spring 2023. Prescribed burn can occur when Area 2A is burned or burned earlier. Preference for a fall burn. 1.2.2. Retaining Wall/Paved Trail – 1.6 Acres – Enhance Oak Woodland 1.2.2.1. Alternate - Seed/Labor: Construction damaged areas with local eco-type FDs37 Seed Mix. Use Maintenance of vegetation along retaining wall and paved trail. Enter separate line items for seed cost as pounds per acre. 1.2.2.2. Buckthorn Removal: Remove buckthorn within project area and treat stumps immediately after cutting. Begin after construction 1.2.2.3. Invasive Species Management: May include herbicide spot spraying, weed whipping, targeted mowing, or other techniques. 3.Awarding of Proposals 1.3.1. Contract will be awarded based on the lowest bid price and the contractor’s experience. The cost of seed mixes will not be considered as part of the lowest bid, as we encourage more diverse seed mixes. The City may promote the use of targeted businesses designated by the state, which are owned and operated by women, individuals with disabilities, or members of minority groups as defined in M.S. 16C.16. 1.3.2. Contractors must meet the minimum criteria for ‘Responsible Contract’ as defined in M.S. 16C.285. Page 11 of 20 1.3.3. The City reserves the right to reject the lowest quote, if the contractor does not meet the above criteria, the proposal does not follow best practices, or contractor has shown inability to meet City standards. 1.3.4. The city reserves the right to increase or decrease the quantity of work as indicated in the original contract or proposal at any time. 2) SPECIFICATIONS – GENERAL 4. The Contractor is required to meet with the City at a location determined by the City prior to any work beginning on this contract. The intent of this meeting is to discuss the various sites, the goals for the sites, and to determine the best management strategy for each site. 5. The Contractor needs to build labor, materials, equipment, and mobilization expenses into their proposed costs. The Contractor will need to furnish the City with each invoice: the date the site was worked on, the targeted plant(s), and/or the management activities completed. The Contractor must have the capabilities to track and provide the above information to the City and meet any grant reporting requirements. Performance Standards must be met before payment is issued. 6. Contractor will notify the City’s Project Manager at least 24-hours in advance of when they plan to be on-site. The Contractor must also contact the City’s Project Manager within the first 48 hours of work occurring on this project to confirm that work went as intended. 7. Contractor shall provide a certificate of liability insurance, listing the City of Eden Prairie as a Certificate Holder covering all activities within the scope of the contract performed by the Contractor. The policy must have a single limit liability coverage minimum of $1,000,000. Contractor must provide a certificate of workers compensation coverage prior to starting work. All costs for fuel, parts, equipment, and labor are the contractor’s responsibility. 8. Work may only be performed from 7AM-7PM, Monday through Friday, unless prior approval is given by the City’s Project Manager. Work may not occur on holidays recognized by the City of Eden Prairie. Exemption can be granted in writing by Project Manager. 9. For all tasks, follow best management practices to minimize negative impacts including but not limited to: soil compaction, rutting, and other soil disturbances; herbicide drift and non-target impacts; disturbance to nesting birds and other wildlife. Any rutting of soils or damage to land must be mitigated before payment will be granted. 10. Vehicles are not allowed on steep slopes (greater than 40% grade). 11. Care should be taken to minimize negative impacts to existing desirable plants using selective herbicides and seasonal timing for spraying/mowing. 12. Any machinery/equipment used on this contract must be thoroughly cleaned prior to entering a site to prevent bringing in undesirable seeds. Page 12 of 20 13.No portion of the work on this contract may be sub-contracted or performed by another contractor other than the contractor listed in this agreement, unless approved by the City. 14.Failure to abide by any of these specifications could result in nonpayment for services or immediate termination of this contract, as decided by the City. 3)SPEFICATIONS – Pile and Prescribed Burns 15.Contractor shall have a minimum of three years of prescribed fire experience. Contractor shall have all personnel complete sufficient training at a minimum the L-180, S-130, and S- 190 courses. Burn bosses (MRxB3 or above) shall have a minimum of three years documented leadership in a prescribed fire setting. Contractors shall demonstrate knowledge of ignition techniques, smoke management, weather interpretation, fire suppression, and mop-up procedures. 16.Contractor must obtain permits and variances from Eden Prairie Fire Department and MN DNR for all burns and must abide by all rules and regulations from these entities, including contacting City dispatch and the DNR before and after burning as directed. 17.Burn plan shall be submitted to the City Forestry & Natural Resources Supervisor when other permits and variances are submitted. 18.Contractor is responsible for protecting all items not in the burn permit, including in part: all infrastructure, utilities, and private property. The Contractor shall be liable for remedying damage due to prescribed fire. 19.Contractor shall install all burn breaks. Mowed burn breaks and/or utilization of existing trails preferred. 20.A minimum of one day notice to City staff is required prior to burns taking place. Notifications to residents will be handled by the City prior to burns. 21.Contractor shall conduct the controlled burn on a day/days with appropriate wind speeds/direction, humidity, and temperatures. Appropriate wind shall be that which impacts the least number of residents. Avoid winds that will heavily smoke neighbors or roads. 22.All woody material can be piled to be burned on site, while at least three inches of snow is present. Attempt to create a minimal number of piles as possible. All burned materials shall be raked and scattered. The City has a biochar kiln “Ring of Fire” available to use. 4)SPEFICIATIONS – Vegetation Management 23.All encroaching woodys including red cedars, buckthorn, and non-native honeysuckle must be cut 2 inches from the ground and immediately treat stumps with herbicide daubers to avoid over spraying. All woody material can be piled and left on site. 24.Herbicide applicators must be Minnesota Department of Agriculture Commercial certified pesticide applicators. Herbicide application must follow industry standards for temperature and weather conditions, according to label directions and the State of MN Commercial Pesticide Applicator Manual. Label directions must be followed; active ingredient must be of sufficient percentage to effectively kill the target weeds. Herbicide application must follow label instructions and recommendations, and applicator must follow all industry safety standards. Page 13 of 20 25.Contractor must also maintain standard herbicide application records in whatever form they prefer, as long as it meets state requirements. These records do not need to be submitted immediately but may be requested by the City at the end of the contract. 26.Herbicide applicators MUST be able to accurately identify all Undesirable Species. Extra caution needs to be taken as there is Ground Plum located at the site, which appears like Vetch, whorled milk weed, which appears like leafy spurge. 27.Only spot spraying allowed with backpack sprayers or hand sprayers. No UTVs or large tank sprayers will be allowed, unless using as a “nurse” tank. Any severe damages to native vegetation will result in a 10% penalty of overall project cost. Severe damage is defined as an area over 100 sq ft of non-target species damage. 28.Avoid herbicide application on windy days and ensure a rain-free period of at least 3 hours after application. 29.Spot mowing will be used to control patches of certain invasive and noxious vegetation. The City recommends the use of handheld weed trimmers or hand pulling; consult with the City before using any other type of equipment. Page 14 of 20 Exhibit B: SITE MAPS & DESCRIPTIONS Page 15 of 20 RTA Area 2a – 3 acres Scope of Work for Area 2a: The work required at this project site with an approximate timeline. The slopes in this area are steep 1:1 slope with high potential for erosion. Tree removal work or equipment access will need to be done in dry conditions or frozen ground. This area will be the most impacted by the installation of the retaining wall. Targe community: UPs13/14 Winter 25/26 – Remove half of the red cedars (& other woody encroachment) adjacent to remnant prairie on top of the hill to the pink line area. The other half adjacent to the paved trail crown lift to 6 ft to allow sunlight. Place cedar logs perpendicular to the slope. If piling, please plan to burn on site. Spring/Summer/Fall 2026 – Seed cover crop, invasive species management (at least 3 visits). Assess for next steps. Install additional erosion control measures as needed. Invasive Species include crown vetch, mulberry, honeysuckle, white sweet clover, buckthorn, leafy spurge, among others. Winter 26/27 – Remove remaining red cedars (& other woody encroachment) adjacent to the paved trail. Install additional erosion control measures. Spring/Summer/Fall 2027 – Seed cover crop, invasive species management (at least 3 visits). Install additional erosion control measures as needed. Assess if native seed bank present. Fall 2027 – Conduct Prescribed burn. If native establishment is not occurring, then seed area with native local eco-types indicative of bluff prairie after burn if needed. Spring 2028 – Final invasive species treatment. Must be completed before June 1, 2028. Page 16 of 20 RTA Area 2 – 3.7 Acres Scope of Work for Area 2: The work required at this project site is listed with approximate timeline. The slopes in this area are a steep 1:1 slope. Tree/Shrub removal work will need to be done in dry conditions or frozen ground. Equipment is only allowed during frozen or dry conditions. This is remnant Oak Savanna/Bluff Prairie UPs14/13. Winter 2025/26: Brush saw or cut any non-native woodys that were left from CCM removal. Avoid damaging large oaks trees. Spring/Fall 2026 & 2027: Invasive species treatment, careful to avoid damaging natives. Invasives present include leafy spurge, sweet clover, crown vetch, honeysuckle, mulberry, and buckthorn. At least 3 site visits per year. Fall 2027: Conduct prescribed burn with area 2a. Winter 2027/28: Brushsaw area again if buckthorn & other woody encroachment still present. Page 17 of 20 RTA Retaining Wall Area – 1.6 Acres Exhibit C: Proposal Costs Scope of Work Retaining Wall Area: A construction company will install a block retaining wall in 2026. Areas damaged during construction will need native plant installation and manage invasive species. Target community: FDs37. Below is the anticipated timeline: Fall/Winter 2026 – Seed construction damaged areas with local eco-type native seed. Remove any remaining buckthorn after construction. Construction company will be responsible for erosion control. Summer 2027 to Spring 2028 – Manage invasives and help establish native cover. Note: Ebony spleenwort, a State Special Concern, has been documented in this area. To:Contact:Patrick Kelly Address:Phone:612-503-4330 Email:patrick@landbridge.eco Project Name:RTA Maintenance Trail Prairie Restoration Date:9/23/25 Project Location:18700 Flying Cloud Dr, Eden Prairie, MN 55344 Quote is valid for 30 days from above date, afterwhich subject to change Item #Unit Est Qty Unit Price Total Price 1 EA 1 3,690.75$ 3,690.75$ 2 AC 14.8 1,346.38$ 19,926.42$ 3 AC 3.7 2,286.59$ 8,460.38$ 4 AC 3.7 567.57$ 2,100.01$ Work Area 2 Subtotal:34,177.57$ 5 AC 1.5 17,970.75$ 26,956.13$ 6 AC 4.5 1,267.30$ 5,702.85$ 7 AC 1.5 17,970.75$ 26,956.13$ 8 AC 9.0 1,163.35$ 10,470.15$ 9 AC 3.0 350.00$ 1,050.00$ 10 AC 3.0 1,873.69$ 5,621.07$ 11 AC 3.0 1,440.25$ 4,320.75$ Work Area 2a Subtotal:81,077.07$ 12 AC 6.4 578.94$ 3,705.22$ RTA Retaining Wall Area Subtotal:3,705.22$ 13 AC 0 16,940.00$ -$ 14 LF 0 5.50$ -$ 15 AC 0 135.00$ -$ 16 AC 0 3,735.00$ -$ 118,959.85$ NOTES: Landbridge Ecological is a locally-owned and operated small, Woman-Owned Business Enterprise (WBE) and is certified through the Minnesota Unified Certification Program (MnUCP) and by the Central Certification Program as a DBE- Small and Women Business Enterprise (S/WBE) in Hennepin and Ramsey Counties. Proof of certification is available on request. Additional Cover Crop TOTAL BASE QUOTE: Fall/Winter 2026. Seed construction damaged areas with local ecotype seed (MNL Woodland) Spring 2028. Final invasive treatment. By June 1 RTA Retaining Wall Area Summer 2027 to Spring 2028. Establishment Management. X4 Additional Alternates Cat20 Erosion Control Blanket (S150bn, or similar) 9" Straw Waddle (in multiples of 20' Length) Fall 2027 (alt). Seed with custom prairie mix if needed/directed Fall 2027. Prescribed Burn w/ Area 2 Work Area 2 Winter 2025/26 (alt). Brush Saw or Cut any non-native woodys that were left from CCM Removal. Daily Rate Crew x4 Spring/Fall 2026 & 2027. Invasive species treatment. 4 visits Fall 2027. Prescribed Burn w/ Area 2a Winter 2027/28. Brush Saw if Buckthorn & Woody Encorachment Present Work Area 2a Winter 2025/26. Remove half of Red Cedars & other woody encorachment. Place cedar logs perpindicular to slope. Spring/Summer/Fall 2026. Seed cover crop. Invasive Species Management x3 Winter 2026/27. Remove remaining red cedars and other woody encorachment. Install additional erosion control measures Spring/Summer/Fall 2027. Seed Cover Crop. Invasive species management x3 Item Description QUOTE PROPOSAL City of Eden Prairie - Karli Wittner Exhibit C: Quote Proposal RTA Overlook Prairie Custom Seed Mix - Landbridge Proposed Common Name Scientific Name % Mix by weight Seeds/Oz lbs oz # seeds seeds/sqft 6 lbs/ac Big Bluestem Andropogon andrewsii 0.01 10000 0.06 0.96 9600 0.220 Sideoats Grama Bouteloua curtipendula 0.21 4000 1.26 20.16 80640 1.851 Blue Grama Bouteloua gracilis 0.1 40000 0.6 9.6 384000 8.815 Kalm's Brome Bromus kalmii 0.06 8000 0.36 5.76 46080 1.058 Plains Oval Sedge Carex brevior 0.05 29000 0.3 4.8 139200 3.196 Canada Wild Rye Elymus canadensis 0.1 5200 0.6 9.6 49920 1.146 Slender Wheatgrass Elymus trachycaulis 0.2 6900 1.2 19.2 132480 3.041 Junegrass Koeleria macrantha 0.01 200000 0.06 0.96 192000 4.408 Little Bluestem Schizachyrium scoparium 0.15 15000 0.9 14.4 216000 4.959 Indian Grass Sorghastrum nutans 0.03 11000 0.18 2.88 31680 0.727 Rough Dropseed Sporobolus compositus 0.03 32000 0.18 2.88 92160 2.116 Prairie Dropseed Sporobolus heterolepis 0.05 14000 0.3 4.8 67200 1.543 1 6 1440960 33.080 64 oz/ac Yarrow Achillea millefolium 0.01 178000 0.04 0.64 113920 2.615 Prairie Onion Allium stellatum 0.03 11000 0.12 1.92 21120 0.485 Leadplant Amorpha canescens 0.03 16000 0.12 1.92 30720 0.705 Tall Thimbleweed Anemone virginiana 0.01 28000 0.04 0.64 17920 0.411 Prairie Sage Artemisia ludoviciana 0.002 275000 0.008 0.128 35200 0.808 Butterflyweed Asclepias tuberosa 0.05 4300 0.2 3.2 13760 0.316 Whorled Milkweed Asclepias verticillata 0.01 11000 0.04 0.64 7040 0.162 Canada Milkvetch Astragalus canadensis 0.04 15000 0.16 2.56 38400 0.882 Partridge Pea Chamaecrista fasciculata 0.05 2700 0.2 3.2 8640 0.198 Prairie Coreopsis Coreopsis palmata 0.01 8000 0.04 0.64 5120 0.118 White Prairie Clover Dalea candida 0.04 22000 0.16 2.56 56320 1.293 Purple Prairie Clover Dalea purpurea 0.05 17000 0.2 3.2 54400 1.249 Canada Tick Trefoil Desmodium canadense 0.04 5500 0.16 2.56 14080 0.323 Prairie Cinquefoil Drymocalis arguta 0.003 230000 0.012 0.192 44160 1.014 Narrow-leaved Purple Coneflower Echinacea angustifolia 0.05 6500 0.2 3.2 20800 0.478 Stiff Sunflower Helianthus pauciflorus 0.01 4000 0.04 0.64 2560 0.059 Common Oxeye Heliopsis helianthoides 0.05 6200 0.2 3.2 19840 0.455 Alumroot Huechera richardsonii 0.002 350000 0.008 0.128 44800 1.028 Round-headed Bush Clover Lespedeza capitata 0.05 9500 0.2 3.2 30400 0.698 Rough Blazing Star Liatris aspera 0.04 13000 0.16 2.56 33280 0.764 Dotted Blazing Star Liatris punctata 0.02 4000 0.08 1.28 5120 0.118 Wild Bergamot Monarda fistulosa 0.01 70000 0.04 0.64 44800 1.028 Spotted Horesemint Monarda punctata 0.01 70000 0.04 0.64 44800 1.028 Large-flowered Penstemon Penstemon grandiflorus 0.05 13000 0.2 3.2 41600 0.955 Long-headed Coneflower Ratibida columnifera 0.03 25000 0.12 1.92 48000 1.102 Prairie Rose Rosa arkansana 0.01 2000 0.04 0.64 1280 0.029 Black-eyed Susan Rudbeckia hirta 0.05 92000 0.2 3.2 294400 6.758 Upland White Goldenrod Solidago ptarmicoides 0.01 40000 0.04 0.64 25600 0.588 Stiff Goldenrod Solidago rigida 0.01 41000 0.04 0.64 26240 0.602 Showy Goldenrod Solidago speciosa 0.01 75000 0.04 0.64 48000 1.102 Heath Aster Symphyotrichum ericoides 0.003 200000 0.012 0.192 38400 0.882 Smooth Aster Symphyotrichum laeve 0.02 55000 0.08 1.28 70400 1.616 Azure Aster Symphyotrichum oolentangiense 0.01 70000 0.04 0.64 44800 1.028 Silky Aster Symphyotrichum sericeum 0.01 32000 0.04 0.64 20480 0.470 Prairie Spiderwort Tradescantia bracteata 0.05 10000 0.2 3.2 32000 0.735 Hoary Vervain Verbena stricta 0.03 25000 0.12 1.92 48000 1.102 Heart-leaved Alexanders Zizia aptera 0.05 8400 0.2 3.2 26880 0.617 Golden Alexanders Zizia aurea 0.04 11000 0.16 2.56 28160 0.646 1 64 1501440 34.468 Species Count 50 Seeds/sqft 67.548 Species Subject to Availability Shade tolerant mix for woodland understories with 75-100% tree coverHeight 2-10' Scientific Name Common Name % of Mix Seeds/ Sq Ft PLS lbs/ac Bloom SeasonGrasses:Elymus hystrix Bottlebrush Grass 20.00 5.58 2.00Elymus villosus Silky Wild Rye 23.00 4.65 2.30Elymus virginicus Virginia Wild Rye 10.00 1.54 1.00Festuca subverticillata Nodding Fescue 1.00 0.73 0.10 Sedges/Rushes:Carex blanda Eastern Woodland Sedge 7.00 3.21 0.70Carex grisea Wood Gray Sedge 4.00 1.32 0.40Carex molesta Troublesome Sedge 4.00 3.67 0.40Carex radiata Eastern Star Sedge 1.00 1.51 0.10Carex sprengelii Long-beaked Sedge 5.00 1.84 0.50 Shrubs:Sambucus racemosa Red Elderberry 0.50 0.92 0.05 Spring Forbs:Agastache foeniculum Fragrant Giant Hyssop 1.00 3.31 0.10 SummerAgeratina altissima White Snakeroot 0.25 1.65 0.03 FallAllium tricoccum Wild Leek 1.75 0.09 0.18 SummerAnemone canadensis Canada Anemone 0.20 0.06 0.02 SpringAnemone virginiana Tall Thimbleweed 0.80 0.82 0.08 SummerAquilegia canadensis Columbine 1.25 1.74 0.13 SpringCampanula americana Tall Bellflower 0.30 1.87 0.03 FallCaulophyllum thalictroides Blue Cohosh 3.50 0.01 0.35 SpringCryptotaenia canadensis Canadian Honewort 4.25 1.09 0.43 SummerDicentra cucullaria Dutchman's Breeches 0.25 0.16 0.03 SpringDiervilla lonicera Dwarf Bush Honeysuckle 0.20 0.97 0.02 SummerHelianthus strumosus Pale-leaved Sunflower 0.35 0.05 0.04 FallMaianthemum racemosum Solomon's Plume 1.35 0.02 0.14 SpringMertensia virginica Virginia Bluebells 0.05 0.02 0.01 SpringMitella diphylla Bishop's Cap 0.15 0.31 0.02 SpringOsmorhiza claytoni Sweet Cicely 0.90 0.08 0.09 SpringPolygonatum biflorum Solomon's Seal 0.75 0.02 0.08 SpringPolemonium reptans Jacob's Ladder 0.50 0.33 0.05 SpringRudbeckia laciniata Wild Golden Glow 1.75 0.90 0.18 SummerRudbeckia triloba Brown-eyed Susan 0.85 1.06 0.09 SummerSanguinaria canadensis Bloodroot 0.25 0.02 0.03 SpringSymphyotrichum lateriflorum Calico Aster 2.50 22.96 0.25 FallThalictrum dioicum Early Meadow Rue 0.15 0.04 0.02 SpringUvularia grandiflora Large-flowered Bellwort 1.20 0.03 0.12 Spring100.00 62.60 10.00 Seeds/sq ft:63.00Grass Species:4Sedge Species:5Shrub Species:1Forb Species:24 MNL Woodland Mix Seed mixes are subject to change based on availability City Council Agenda Cover Memo Date: Oct. 7, 2025 Section: Consent Calendar Item Number: VII.M. Department: Parks and Recreation ITEM DESCRIPTION Approve the Professional Services Agreement with WSB for construction administration of the Homeward Hills Park Playground Renovation Project. REQUESTED ACTION Move to authorize entering into a Standard Agreement for Professional Services with WSB & Associates, Inc. for construction administration of the Homeward Hills Park Playground Renovation Project at a cost not to exceed $57,103.00. SUMMARY Staff recommends entering into a professional services agreement with WSB & Associates for construction administration of the Homeward Hills Park Playground Renovation Project. This project will redesign the playground area that would replace the aging play equipment, add new features and amenities and make better use of the playground area. The construction contract was approved at the previous Council meeting and WSB has completed this type of work for many other City projects. ATTACHMENTS Standard Agreement for Professional Services 2021 04 22 Version 2017 06 01 Agreement for Professional Services This Agreement (“Agreement”) is made on the 7th day of October, 2025, between the City of Eden Prairie, Minnesota (hereinafter “City”), whose business address is 8080 Mitchell Road, Eden Prairie, MN 55344, and WSB & Associates, Inc. (“Consultant”), a Minnesota corporation (hereinafter “Consultant”) whose business address is 701 Xenia Avenue South, Suite 300, Minneapolis, MN 55416. 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 Construction Administration of the Homeward Hills Park Playground Renovation Project 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 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 October 7, 2025 through completion of the project, 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 $57,103.00 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 12 2021 04 22 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 12 2021 04 22 Exhibit A performed prior to receipt of written notice from the City of such suspension. c. Payments for Special Consultants. The Consultant shall be reimbursed for the work of special consultants, as described herein, and for other items when authorized in writing by the City. d. Claims. To receive any payment on this Agreement, the invoice or bill must include the following signed and dated statement: “I declare under penalty of perjury that this account, claim, or demand is just and correct and that no part of it has been paid.” 6. Project Manager and Staffing. The Consultant 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. 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 Page 4 of 12 2021 04 22 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 $2,000,000 general aggregate $2,000,000 Products – Completed Operations Page 5 of 12 2021 04 22 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. k. All polices, except the Worker’s Compensation Policy, shall insure the defense and indemnity obligations assumed by Consultant under this Agreement. The Professional Page 6 of 12 2021 04 22 Liability policy shall insure the defense and 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 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 Page 7 of 12 2021 04 22 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. 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 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 Page 8 of 12 2021 04 22 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 12 2021 04 22 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. The books, records, documents and accounting procedures and practices of the Consultant or other parties relevant to this Agreement are subject to Page 10 of 12 2021 04 22 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. 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 Practice Act, Minnesota Statutes Chapter 13 (Data Practices Act). All government data, as defined in the Data Practices Act Section 13.02, Subd 7, which is created, collected, received, stored, used, maintained, or disseminated by Consultant in performing any of the functions of the City during performance of this Agreement is subject to the requirements of the Data Practice Act and Consultant shall comply with those requirements as if it were a government entity. All subcontracts entered into by Consultant in relation to this Agreement shall contain similar Data Practices Act compliance language. 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 12 2021 04 22 Exhibit A 1) SCOPE OF SERVICES 1. Contract Administration and Site Progress Meetings: 1) Project management. This includes coordination and communication with client and subconsultant through the construction process, administration of agreements, invoices, and other correspondence. 2) Conduct Pre-construction Conference: Facilitate the pre-construction conference. Meeting minutes will be prepared and distributed to all the attendees. 3) Weekly Site Progress Meetings: Attend up to eight (8) weekly site progress meetings during periods of active construction to allow for proactive communication with the Contractor and Owner, which will maximize efficiency during the construction. Meeting minutes will be prepared and distributed to all the attendees. These meetings will allow WSB to: • Become generally familiar with and to keep the Owner informed about the progress and the quality of the portion of the work completed. Note – this does not include exhaustive or continuous on-site inspections to check the quality or quantity of the work. • Generally, determine if the work is being performed in a manner indicating that when fully completed the work will be in accordance with the Contract Documents. • Report to the Owner known deviations from the Contract Documents. 4) Review submittals and shop drawings. 5) Answer Contractor questions and provide design intent and clarification for any issues that may arise during the project. 6) Review pay applications prepared by Contractor and make recommendations regarding payment. 7) In the event of changed conditions during the project, WSB will prepare and distribute any necessary change orders to expedite the work in the field. 8) Substantial completion meeting and punch list. 9) Provide watershed required as-built survey of storm water basin, storm sewer system and infiltration test and follow up to close out the permit. 10) Final Project Completion review meeting. 11) Special Construction Inspections: • We have included six (6) site visits, averaging four (4) hours per trip, by a construction inspector to review contractor’s installation of water mains/services, excavations, or specialty pavement operations. 2. Construction Staking: 1) Provide the contractor with layout and grade staking for the improvements. 2) Collect as-built drawings for stormwater system and storm basin. 3. Compaction and Material Testing: 1) Five (5) trips for compaction testing of fill and backfill 2) Four (4) nuclear density tests on subgrade 3) Ten (10) dynamic cone penetrometer tests on aggregate base subgrade 4) One (1) sieve analysis through no. 200 sieve on aggregate base 5) One (1) standard proctor test on subgrade Page 12 of 12 2021 04 22 6) One (1) asphalt content test 7) One (1) asphalt extracted gradation test 8) Four (4) trips for testing of concrete pours 9) Three (3) trips for collection of concrete samples 10) Sixteen (16) concrete curing and compressive strength tests (4 sets of 4 cylinders) 11) Two (2) double ring infiltration tests 12) Two (2) cores to confirm groundwater elevation separation below infiltration zones in play containters 2. ADDITIONAL SERVICES a. Any additional work or change in project scope will be completed on an hourly basis to be billed in accordance with WSB’s hourly rates at the time work is completed. City Council Agenda Cover Memo Date: Oct. 7, 2025 Section: Consent Calendar Item Number: VII.N. Department: Parks and Recreation ITEM DESCRIPTION Approve the Purchasing Contract with St. Croix Recreation for the purchase of play equipment for the Homeward Hills Park Playground Renovation Project. REQUESTED ACTION Move to authorize entering into a Standard Contract for Goods and Services with St. Croix Recreation for the purchase of play equipment for the Homeward Hills Park Playground Renovation Project at a cost not to exceed $200,847.22. SUMMARY At the previous meeting, City Council approved the contract for the site work included in the Homeward Hills Pay Area Renovation Project. Staff is now recommending entering into a contract with St. Croix Recreation to purchase the new play equipment for this improvement project. This purchase was through the State Contract bidding process. ATTACHMENTS Standard Contract for Goods and Services (rev. 6/2024) Contract for Goods and Services This Contract (“Contract”) is made on the 7th day of October, 2025, between the City of Eden Prairie, Minnesota (hereinafter “City”), whose business address is 8080 Mitchell Road, Eden Prairie, MN 55344, and St. Croix Recreation Inc., a Minnesota corporation(hereinafter “Vendor”) whose business address is 1826 Tower Drive West, Stillwater, MN 55082. . 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 Homeward Hills Play Equipment hereinafter referred to as the “Work”. The City and Vendor agree as follows: 1. Scope of Work. The Vendor agrees to provide, perform and complete all the provisions of the Work in accordance with attached Exhibit A. Any general or specific conditions, terms, agreements, consultant or industry proposal, or contract terms attached to or a part of Exhibit A are declined in full and, accordingly, are deleted and shall not be in effect in any manner. 2. Term of Contract. All Work under this Contract shall be provided, performed and/or completed by June 1, 2026. 3. Compensation for Services. City agrees to pay the Vendor a fixed sum of $200,847.22 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 Mike Basich 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 6 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. 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. Standard Contract for Goods and Services (rev. 6/2024) Page 3 of 6 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. 22. Governing Law. This Contract shall be controlled by the laws of the State of Minnesota. Standard Contract for Goods and Services (rev. 6/2024) Page 4 of 6 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. 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 Standard Contract for Goods and Services (rev. 6/2024) Page 5 of 6 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 6 EXHIBIT A Quote/Proposal/Scope of Work By signing estimate or authorizing by email or PO, purchaser is agreeing to billing terms as listed on the estimate. Order to include model number(s), quantity and color(s) above including any supplemental documents provided and/or requested. Please verify all content for accuracy. **Those purchasing off of the MN State Contract are bound only by the terms and conditions listed in said contract** St. Croix Recreation Fun Playgrounds INC. 1826 Tower Dr W Stillwater, MN 55082-7597 USA 6514301247 hannah@stcroixrec.com Estimate ESTIMATE #7837 DATE 09/02/2025 EXPIRATION DATE 10/06/2025 ADDRESS City of Eden Prairie Accounts Payable 8080 Mitchell Road Eden Prairie, MN 55344 SHIP TO City of Eden PrairIe 15150 TECHNOLOGY DRIVE EDEN PRAIRIE, MN 55344-3680 PLEASE DETACH TOP PORTION AND RETURN WITH YOUR PAYMENT. SHIP VIA SALES REP TRUCKLOAD MIKE BASICH ACTIVITY QTY RATE AMOUNT ServicesHOMEWARD HILLS CUSTOM DESIGN PLAY STRUCTURES INCLUDING REVISED TRACTOR DESIGN PER PROPOSAL 100-200846-2, FOR 2-5 STRUCTURE AND INCLUDING ALL INDEPENDENT PLAY ACTIVITIES AND 20' GAGA PIT 1 211,442.00 211,442.00 BCI 046-0536Play Mat 3' X 5' X 2" FOR SLIDE EXITS AND SWING BAYS W/O PIP UNITARY RUBBER SURFACE. 7 216.00 1,512.00 STATE CONTRACTSTATE CONTRACT #218090 212,954 -0.07 -14,906.78 FreightFreight quotes currently only valid for 15 days.Quote based on information currently listed on estimate. Modifications to delivery address, contact or offloading capability must be made prior to order. If made after order is placed, surcharges may apply. 1 2,800.00 2,800.00 MATERIAL ITEMS AS QUOTED ARE GOOD FOR 30 DAYS. FREIGHT QUOTES ARE GOOD FOR 15 DUE TO FUEL UNCERTAINTIES. SALES TAX SUBJECT TO CHANGE. ADD IF NOT TAX EXEMPT OR SUPPLY EXEMPTION CERTIFICATE IF NOT ON FILE. PAYMENT TERMS ARE NET 30 DAYS UNLESS OTHERWISE NOTED. FAILURE TO PAY IN A TIMELY MANNER WILL BE SUBJECT TO INTEREST AT A RATE OF 1.5%/MONTH OR 18% ANNUALLY. *LEAD TIMES AND SHIPPING DATES ARE BASED ON CURRENT INVENTORY. PLEASE BE PATIENT AS OUR VENDORS NAVIGATE SUPPLY CHAINS & NATIONAL SHORTAGES. **FOR BIDDING CONTRACTORS & SUPPLIERS: ST CROIX RECREATION IS NOT LIABLE FOR INTERPRETATION OF PROJECT BIDS, DRAWINGS OR ADDENDA. IT IS THE CUSTOMER'S RESPONSIBILITY TO VERIFY ACCURACY OF MODEL NUMBER(S), SUBTOTAL 200,847.22 TAX (0%)0.00 TOTAL $200,847.22 By signing estimate or authorizing by email or PO, purchaser is agreeing to billing terms as listed on the estimate. Order to include model number(s), quantity and color(s) above including any supplemental documents provided and/or requested. Please verify all content for accuracy. **Those purchasing off of the MN State Contract are bound only by the terms and conditions listed in said contract** DESCRIPTION(S), QUANTITY AND COLOR(S) DIRECTLY WITH END USER Accepted By Accepted Date City Council Agenda Cover Memo Date: Oct. 7, 2025 Section: Consent Calendar Item Number: VII.O. Department: Parks and Recreation ITEM DESCRIPTION Approve the Purchasing Contract with Commercial Recreation Specialists for the purchase of splash pad equipment for the Homeward Hills Park Playground Renovation Project. REQUESTED ACTION Move to authorize entering into a Standard Contract for Goods and Services with Commercial Recreation Specialists for the purchase of splash pad equipment for the Homeward Hills Park Playground Renovation Project at a cost not to exceed of $122,748.17. SUMMARY At the previous meeting, City Council approved the contract for the site work included in the Homeward Hills Pay Area Renovation Project. Staff is now recommending entering into a contract with Commercial Recreation Specialists to purchase equipment for the new splash pad being constructed as part of this improvement project. This purchase was through the State Contract bidding process. ATTACHMENTS Standard Contract for Goods and Services (rev. 6/2024) Contract for Goods and Services This Contract (“Contract”) is made on the 7th day of October, 2025, between the City of Eden Prairie, Minnesota (hereinafter “City”), whose business address is 8080 Mitchell Road, Eden Prairie, MN 55344, and Commercial Recreation Specialists, a Minnesota corporation(hereinafter “Vendor”) whose business address is 807 Liberty Drive, Suite 101, Verona, WI 53593. . 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 Homeward Hills Park Splash Pad Equipment hereinafter referred to as the “Work”. The City and Vendor agree as follows: 1. Scope of Work. The Vendor agrees to provide, perform and complete all the provisions of the Work in accordance with attached Exhibit A. Any general or specific conditions, terms, agreements, consultant or industry proposal, or contract terms attached to or a part of Exhibit A are declined in full and, accordingly, are deleted and shall not be in effect in any manner. 2. Term of Contract. All Work under this Contract shall be provided, performed and/or completed by June 1, 2026. 3. Compensation for Services. City agrees to pay the Vendor a fixed sum of $122,748.17 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/Proposal/Scope of Work Commercial Recreation Specialists 807 Liberty Dr., Ste 101 Verona, WI 53593-9160 Ph: (877) 896-8442 Fx: (608) 848-8782 43-2046045 Page:1 0028986 8/27/2025Quote Date: Quote Number: Bill To : City of Eden Prairie 8080 Mitchell Road Eden Prairie, MN 55344 Ship To : City of Eden Prairie Homeward Hills Park 12000 Silverwood Drive Eden Prairie, MN 55347 Ph: 612-716-4588 BEST WAY Shipping Method Customer PO Number SEE BELOW Payment Terms Jeff Corniea Sales Rep NameCustomer ID 9/26/2025 CITY OF EDEN PRAIRIE Valid Through Item Unit Cost AmountDescriptionQuantity VO VOR-7267 8,610.008,610.001.00 VO VOR-8852 19,845.0019,845.001.00 VO VOR-0210 20,370.0010,185.002.00 VO VOR-0555 3,622.503,622.501.00 VO VOR-7792 8,662.508,662.501.00 VO VOR-7201 8,424.508,424.501.00 VO VOR-3000 1,680.00420.004.00 VO VOR-7273 8,610.008,610.001.00 VO VOR-0622 3,832.503,832.501.00 VO VOR-1004 1,732.501,732.501.00 VO VOR-102317 252.00252.001.00 /DISCOUNT 1,712.83-1,712.83-1.00 HOMEWARD HILLS PARK SPLASHPAD EQUIPMENT Splashpad Equipment Flower N°7 Tractor Loop Horse Cannon Aqua Dome N°1 Butterfly N°1 Frog N°2 Spraylink Jet N°1 Lilium Flower Activator N°4 Playsafe Drain N°4 Toe Guard Single 4" Assembly 2% MN STATE CONTRACT DISCOUNT MN State Swift Contract #218097 Splashpad Equipment Subtotal After Discount.....$83,928.67 VO VOR-8543.0000 23,572.5023,572.501.00 /FREIGHT 1,020.001,020.001.00 /FREIGHT 3,390.003,390.001.00 Custom CRS WDS Water Distribution System, 1x2" With 10 Valves MaestroPro 120V BLV Early Embed Freight Features & Mechanicals Freight Continued Commercial Recreation Specialists 807 Liberty Dr., Ste 101 Verona, WI 53593-9160 Ph: (877) 896-8442 Fx: (608) 848-8782 43-2046045 Page:2 0028986 8/27/2025Quote Date: Quote Number: Bill To : City of Eden Prairie 8080 Mitchell Road Eden Prairie, MN 55344 Ship To : City of Eden Prairie Homeward Hills Park 12000 Silverwood Drive Eden Prairie, MN 55347 Ph: 612-716-4588 BEST WAY Shipping Method Customer PO Number SEE BELOW Payment Terms Jeff Corniea Sales Rep NameCustomer ID 9/26/2025 CITY OF EDEN PRAIRIE Valid Through Item Unit Cost AmountDescriptionQuantity /FREIGHT 1,300.001,300.001.00 POV 115X50X52 CABINET 9,537.009,537.001.00 Packaging Custom Command Center Enclosure, 115"L x 52"W x 50"H, With Front & Rear Doors, Slopped Top From 50” to 53.4", Standard Green IMPORTANT NOTES TERMS: * Above pricing does not include receiving, off-loading, storage, or installation. Equipment sale only. *Current manufacturing lead times are ~ 4 weeks for early embeds and ~ 10 weeks for features and mechanicals after receipt of order and all necessary items required for production purposes. * Lead times are tentative dates that start from the time the order details, color selection and the agreed payment terms are met/received. *Freight is estimated and is subject to change. Actual freight fees will be reflected on the final invoice. *Equipment pricing is valid for 30 days. *EQUIPMENT TO BE INVOICED UPON SHIPMENT – NET 30 DAYS * IF APPLICABLE, INSTALLATION TO BE INVOICED UPON SUBSTANTIAL COMPLETION – NET 30 DAYS Net Order:122,748.17 Freight:0.00 Sales Tax:0.00 122,748.17Order Total: Note: This quote is valid for 30 days. Please review the above information carefully. It defines your order as we understand it. If satisfactory, please sign and date below and fax to 608-848-8782, email back to your sales representative, or send a copy with your deposit to the address above. We will begin processing your order upon receipt of both your DEPOSIT AND APPROVAL SIGNATURE, per the terms indicated on your quote above. Additional surcharges may apply depending on final delivery address, actual delivery requirements and payment method. Please note that a 3% convenience fee may apply to credit card orders. Customer Acceptance: ______________________________________________ Date: _____________ Donna Commercial Recreation Specialists 807 Liberty Dr., Ste 101 Verona, WI 53593-9160 Ph: (877) 896-8442 Fx: (608) 848-8782 43-2046045 Page:3 0028986 8/27/2025Quote Date: Quote Number: Bill To : City of Eden Prairie 8080 Mitchell Road Eden Prairie, MN 55344 Ship To : City of Eden Prairie Homeward Hills Park 12000 Silverwood Drive Eden Prairie, MN 55347 Ph: 612-716-4588 General Terms and CondiƟons 1. When InstallaƟon or site work is speciﬁed in the proposal or quote, site security is not included. The customer is responsible for ensuring security during the project when Commercial RecreaƟon Specialists, Inc. is not present installing the speciﬁed system and immediately upon compleƟon of the installaƟon. In the event of vandalism or unexpected damage, Commercial RecreaƟon Specialists, Inc. reserves the right to charge the customer for repairs and/or replacement goods. 2. This proposal or quote may be withdrawn if not accepted within thirty (30) days of its issuance. Commercial RecreaƟon Specialists, Inc. will consider reasonable revisions to this proposal included in the terms of a subcontract provided it accurately incorporates the terms and condiƟons of this proposal. A proposal or quote not accepted within thirty (30) days will be subject to price escalaƟon for InstallaƟon materials, equipment, and freight. Commercial RecreaƟon Specialists, Inc. reserves the right to adjust its quoted price if the terms of a related subcontract increase its costs or add to Commercial RecreaƟon Specialists, Inc.’s administraƟve Ɵme of compliance. 3. When InstallaƟon or site work is speciﬁed in the proposal or quote, all work shall be performed according to industry standards. Areas in which Commercial RecreaƟon Specialists, Inc. InstallaƟon Team will be working shall be free and clear of all debris and accessible to any/all equipment necessary to perform the proposed work. Commercial RecreaƟon Specialists, Inc. assumes the site is buildable and has suitable subsurface condiƟons to allow the proposed construcƟon. 4. Unless waived in wriƟng by Commercial RecreaƟon Specialists, Inc., any changes to the scope of work, or the terms and condiƟons of this proposal shall be performed only aŌer execuƟon of a wriƩen change order. 5. Commercial RecreaƟon Specialists, Inc. is not responsible for any delays due to strikes, accidents, weather, acts of God, and/or other delays beyond the control of Commercial RecreaƟon Specialists, Inc. Commercial RecreaƟon Specialists, Inc. is not responsible for any damages due to any of the above or similar causes outside of its control. 6. Commercial RecreaƟon Specialists, Inc. is not responsible for receiving, off-loading, storage, installaƟon, project management or coordinaƟon, piping, anchor bolts, concrete, surfacing, electrical, plumbing, bonding, bonding payment, geotechnical survey work, excavaƟon, removal of exisƟng materials, removal of debris and packaging material, site restoraƟon, permits or permit fees, stamped drawings or Health department approval unless otherwise speciﬁed in the above proposal or quote. 7. The Customer is responsible for inspecƟng all deliveries for damage, noƟng any damage on the bill of lading, and noƟfying Commercial RecreaƟon Specialists, Inc. within one (1) day of receiving. 8. If applicable, sales tax has been included and will only be removed upon presentaƟon of a Tax-Exempt form, Resale CerƟﬁcate, or Capitol Improvement form. In the event any asserƟon of tax-exempt status is later denied by a taxing authority, the buyer will be responsible for the unpaid tax and any penalƟes and interest charges. 9. Freight shown is an esƟmate based on current quoted rates and is subject to change. Actual freight costs will be charged at the Ɵme of shipment and will be included on the ﬁnal invoice. If applicable, the buyer is responsible for customs fees, duƟes, or taxes assessed by any port of entry. 10. When InstallaƟon or site work is speciﬁed in the proposal or quote, Commercial RecreaƟon Specialists, Inc. is not responsible for private or public uƟlity charges to locate services unless otherwise speciﬁed in the proposal or quote. Private and public uƟlity efforts to locate services need to be completed and marked before Commercial RecreaƟon Specialists, Inc. arrives on site. Commercial RecreaƟon Specialists, Inc. is not responsible for damage to or repair of unmarked uƟliƟes. 11. The Customer is responsible for ensuring the scope of work in the quote or proposal meets all local standards and codes and that all required approvals and permits have been obtained, unless otherwise noted in the quote or proposal. This responsibility also extends to any changes requested. 12. Commercial RecreaƟon Specialists, Inc. warrants all its labor and workmanship under the aƩached proposal’s scope of work for a period of one (1) year from the date of substanƟal compleƟon. 13. Any requested special or custom modiﬁcaƟons and/or alteraƟons made to products installed by Commercial RecreaƟon Specialists, Inc. may void and null warranƟes provided by the manufacturer. 14. Our standard payment terms provie a 50% deposit be made at the Ɵme an order is placed. The remaining amount is due when the order is shipped and/or installaƟon is complete. We reserve the opƟon of requiring one or more interim payments of a porƟon of any remaining amount which becomes due in the event of parƟal shipments and/or a staggered installaƟon Ɵmelines (unless separately established by contract or wriƩen agreement) 15. These are our general terms and condiƟons that always apply unless superseded in this document or in another governing contract. City Council Agenda Cover Memo Date: Oct. 7, 2025 Section: Consent Calendar Item Number: VII.P. Department: Parks and Recreation ITEM DESCRIPTION The City of Eden Prairie has provided a high-quality 4th of July Hometown Celebration for more than 30 years. RES Pyro has been a part of this celebration for over 18 years. The Parks and Recreation Department recommends contracting with RES Pyro again in 2026 for a fee of $25,000, for the traditional 20-21 minute fireworks show. A rain date of July 5th has been established. REQUESTED ACTION Move to: Authorize entering into an Agreement with RES Pyro for the July 4, 2026 fireworks display in the amount of $25,000. SUMMARY In September of 2025, Parks and Recreation staff requested proposals for 2026 and 2027 from various firework companies. Two companies submitted proposals: RES Pryo and J&M Displays. After reviewing the proposals closely, staff recommended RES Pyro. RES Pyro has consistently delivered an outstanding firework display in Eden Prairie and has a history of positive collaboration with Parks and Recreation and Fire Department staff. The Director of Services at RES Pyro has been responsive, cooperative, and highly professional. Over 10,000 people gather around Round Lake Park and the surrounding area on the 4th of July to view and enjoy the spectacular fireworks display over the lake. An impressive fireworks display adds tremendous value to the Hometown event, invoking a sense of community pride. ATTACHMENTS Standard Agreement for Professional Services. September 17, 2025 Jana Graczyk City of Eden Prairie, MN Dear Jana, Thank you for the time we spent together discussing fireworks for the City of Eden Prairie on July 4th, 2026. Our proposal lists the size, shell effect and quantity of shells for your fireworks display. Our show design uses piled, stacked and multi-break shells. They will be used to design the following parts of the show:  Opening Barrage  Main Show Body  Select Patriotic Shells  Signature Pattern Shells  Multiple Effects Barrage Cakes  Grand Finale The proposal includes all materials, equipment, certified display operators, necessary permits, and $5 million liability insurance. The total cost will be $25,000.00. Understanding your vision is important to us. That’s why we listen to your needs and expectations so we can create the kind of show that you’ve imagined. We deliver what we say we will, making sure you are satisfied. Our displays are a turnkey operation and are coordinated with your event. We’ve always put safety as a priority when it comes to putting on displays. The lead operator will be in constant communication with the crew, local Fire Department, and event staff to ensure the shoot is safe and secure. As you go through our proposal, please feel free to reach out with any questions you may have. I look forward to hearing from you! Sincerely, Cory Stinar Director of Services RES Pyro 21595 286th St Belle Plaine, MN 56011 Cost:Sold to:Display Date: Budget:City of Eden Prairie Length:8080 Mitchell Road Eden Prairie, MN 55344 Total Cost: Summary Quantity Shots Ship to: 2.5" 0 0 City of Eden Prairie 3"187 432 8080 Mitchell Road 4"181 261 Eden Prairie, MN 55344 5"140 140 6"108 108 8"0 0 10" 0 0 Multishot 2 664 Total 618 1605 Product ID Category Size Mfg Description Shots Quantity Shots Ext 3-10117 Shell 3" FK/RES Glittering Green to Yellow w/Green Tail 1 3 3 3-10147 Shell 3" FK/RES Glittering Silver to Green Chrys w/Silver Tail 1 3 3 3-10187 Shell 3" FK/RES Golden Glittering Chrys w/Purple Pistil w/Gold Tail 1 3 3 3-10227 Shell 3" FK/RES Golden Silk Crackling Chrys w/Brocade Tail 1 2 2 3-10407 Shell 3" FK/RES Red to White Flashing Chrys w/Red Tail 1 2 2 3-10497 Shell 3" FK/RES Strobe Chrys Lemon Wave w/Red Pistil w/Red Tail 1 3 3 3-15880 Shell 3"DOM/RES Green & White Chrys & Gold Wave w/ Red Pistil w/ Brocade Tail1 3 3 3-15890 Shell 3"DOM/RES Red & White Chrys Gold Wave w/ White Strobe Pistil w/ Brocade Tail1 3 3 3-15900 Shell 3"DOM/RES Silver Wave Blue w/ Crackle Pistil w/ Red Wave Tail 1 3 3 3-20237 Shell 3" FK/RES Green & Purple Peony w/Green Tail 1 3 3 3-20277 Shell 3" FK/RES Lemon Peony to Cherry w/Silver Tail 1 3 3 3-20317 Shell 3" FK/RES Red to White to Blue to Silver Peony w/Silver Pistil w/Silver Tail 1 3 3 3-20357 Shell 3" FK/RES Red to Yellow Peony w/Red Tail 1 3 3 3-20397 Shell 3" FK/RES Silver to Purple Peony w/Silver Tail 1 3 3 3-20444 Shell 3"DOM/RES Blue Peony w/ Coco Palm Pistil w/ Brocade Tail 1 3 3 3-30047 Shell 3" FK/RES Bright Willow Ring w/Green Pistil w/Silver Tail 1 3 3 3-30087 Shell 3" FK/RES Brocade Red Silver Ring w/Brocade Tail 1 3 3 3-30147 Shell 3" FK/RES Orange Crossette Ring w/Crackling Pistil w/Brocade Tail 1 3 3 3-32077 Shell 3" FK/RES Bowtie Ring w/Silver Tail 1 3 3 3-33157 Shell 3" FK/RES Half Purple Half Yellow Peony w/Silver Tail 1 3 3 3-33367 Shell 3" FK/RES Half Red & Blue Peony w/Red Tail 1 3 3 3-40047 Shell 3" FK/RES Grass Green Dahlia w/Silver Tail 1 3 3 3-40187 Shell 3" FK/RES Purple Dahlia w/Silver Tail 1 3 3 3-40237 Shell 3" FK/RES Red Dahlia w/Silver Tail 1 3 3 3-40350 Shell 3"DOM/RES Magenta Dahlia w/ Lemon Strobe Pistil w/ Tail 1 3 3 3-40367 Shell 3" FK/RES Yellow Dahlia w/Silver Tail 1 3 3 3-55380 Shell 3"DOM/RES Double Crackle w/ Crackling Willow Tail 1 3 3 3-57027 Shell 3" FK/RES Golden Spider Falling Leaves Pistil w/Gold Tail 1 3 3 3-57137 Shell 3" FK/RES Red Spider w/Red Tail 1 3 3 3-58067 Shell 3" FK/RES Gold Rain to Green Strobe w/Strobe Pistil w/Gold Tail 1 3 3 3-58180 Shell 3"LID/RES Red Time Rain Coconut Tree w/ Red Tail 1 3 3 3-58197 Shell 3" FK/RES Purple Flower Rain w/Purple Tail 1 3 3 3-58247 Shell 3" FK/RES Silver Coconut Green Glittering w/Silver Tail 1 3 3 3-60037 Shell 3" FK/RES Color Tail Time Rain Willow w/Brocade Tail 1 3 3 3-60127 Shell 3" FK/RES Golden Titanium Willow w/Crackling Pistil w/Brocade Tail 1 3 3 3-60257 Shell 3" FK/RES Green Willow to Red Flowers w/Green Tail 1 3 3 3-61017 Shell 3" FK/RES Purple to Silver Crown w/Purple Tail 1 3 3 3-61137 Shell 3" FK/RES Red to Silver Crown w/Red Tail 1 3 3 $25,000.00 July 4th, 2026 20-21 Minutes $25,000.00 This quote is good for the entity listed as Sold To, and includes all materials, equipment, certified operators, necessary permits, and $5 million liability insurance. Proposal Proposal Date: 9/17/2025 1 of 6 3-62087 Shell 3" FK/RES Golden Kamuro to Green w/Green Tail 1 3 3 3-62410 Shell 3"DOM/RES Gold Orido Nishiki w/ Red Strobe Pistil w/ Tail 1 3 3 3-62560 Shell 3"DOM/RES Brocade Crown Kamuro w/ Brocade Tail 1 3 3 3-63097 Shell 3" FK/RES Blue Diadem to Red w/Silver Tail 1 3 3 3C-71080 Chain 3"DOM/RES Super Crackle w/Silver Tail Chain of 6 6 8 48 3C-71147 Chain 3" FK/RES Green Peony w/Green Tail Chain of 6 6 2 12 3C-71150 Chain 3"DOM/RES Red, White & Blue w/Silver Tail Chain of 6 6 4 24 3C-71260 Chain 3"DOM/RES Red Chrysanthemum w/Red Tail Chain of 6 6 2 12 3C-71290 Chain 3"DOM/RES Variegated Peony Chain of 6 6 4 24 3C-71310 Shell 3"DOM/RES Orange & Lemon Peony w/Silver Tail Chain of 6 6 2 12 3C-71320 Chain 3"DOM/RES Purple Peony Chain of 6 6 2 12 3C-71340 Chain 3"DOM/RES Blue Chrysanthemum w/Blue Tail Chain of 6 6 2 12 3C-71440 Chain 3"DOM/RES New Color Crossette w/Silver Tail Chain of 6 6 2 12 3C-71520 Chain 3"LID/RES Crackling Spider w/Crackling Tail Chain of 6 6 2 12 3C-72150 Chain 3"DOM/RES Red White Blue w/Tails TIMER Chain of 6 6 6 36 3C-72250 Chain 3"DOM/RES Brocade Chrysanthemum w/Tail TIMER Chain of 6 6 2 12 3C-72290 Chain 3"DOM/RES Variegated Peonies TIMER Chain of 6 6 4 24 3C-72310 Chain 3"DOM/RES Orange & Lemon Peony TIMER Chain of 6 6 3 18 3C-72320 Chain 3"DOM/RES Purple Peony w/Tail TIMER Chain of 6 6 3 18 3C-72850 Chain 3"DOM/RES Gold Spider TIMER Chain of 6 6 2 12 3C-72870 Chain 3"DOM/RES Large Gold Willow w/Blue Tail TIMER Chain of 6 6 3 18 Total 442 Product ID Category Size Mfg Description Shots Quantity Shots Ext 4-10047 Shell 4" FK/RES Brocade Silver to Blue Chrys w/Red Pistil w/Brocade Tail 1 3 3 4-10070 Shell 4"DOM/RES Red Gamboge to Blue to Red to White Strobe w/ Blue Small Flower w/ Red Tail1 3 3 4-10167 Shell 4" FK/RES Glittering Purple to Yellow w/Purple Tail 1 2 2 4-10187 Shell 4" FK/RES Golden Glittering Chrys to Purple w/Brocade Tail 1 2 2 4-10287 Shell 4" FK/RES Green Glittering Crackling Flower Coconut Pistil w/Green Tail 1 2 2 4-10337 Shell 4" FK/RES Purple Chrys w/Cherry Flower Pistil w/Purple Tail 1 2 2 4-10357 Shell 4" FK/RES Green to Yellow Chrys w/Red Pistil w/Green Tail 1 2 2 4-10627 Shell 4" FK/RES Blue to Red to Green Flashing w/Red Tail 1 2 2 4-11077 Shell 4" FK/RES Dispark Chrys w/Crackling Tail 1 2 2 4-15367 Shell 4" FK/RES Golden Wave to Green to Yellow w/Gold Tail 1 2 2 4-15397 Shell 4" FK/RES Golden Wave to Red to Silver w/Red Tail 1 3 3 4-15487 Shell 4" FK/RES Silver Wave to Blue to Red w/Silver Tail 1 2 2 4-15527 Shell 4" FK/RES Titanium Silver Wave to Blue w/Red Pistil w/Silver Tail 1 2 2 4-20037 Shell 4" FK/RES Blood Red Peony w/Red Tail 1 2 2 4-20077 Shell 4" FK/RES Blue Peony w/Blue Tail 1 2 2 4-20127 Shell 4" FK/RES Blue to Red Peony w/White Glitter Pistil w/Red Tail 1 2 2 4-20157 Shell 4" FK/RES Grass Green Peony w/Green Tail 1 2 2 4-20197 Shell 4" FK/RES Orange & Lemon Peony w/Silver Tail 1 2 2 4-20247 Shell 4" FK/RES Pink to Grass Green Peony w/Silver Tail 1 2 2 4-20327 Shell 4" FK/RES Purple Peony to Silver w/Silver Tail 1 2 2 4-20387 Shell 4" FK/RES Purple to Green to Golden Peony w/Purple Tail 1 2 2 4-20507 Shell 4" FK/RES White Peony w/White Tail 1 2 2 4-20557 Shell 4" FK/RES White to Red Crackling Peony w/Silver Tail 1 2 2 4-30097 Shell 4" FK/RES Brocade Crown Ring to Red Strobe Ring w/Red Tail 1 2 2 4-30210 Shell 4"LID/RES Brocade Crown Ring Cover Blue Ring w/ Brocade Tail 1 2 2 4-30227 Shell 4" FK/RES Purple Ring w/Green Pistil w/Purple Tail 1 2 2 4-30260 Shell 4"DOM/RES Smiley Face White w/ Silver Tail 1 2 2 4-30430 Shell 4"DOM/RES Cherry & Sea Blue Spiral w/ Red Wave Tail 1 2 2 4-32187 Shell 4" FK/RES Silver Bowtie w/Green Ring w/Silver Tail 1 2 2 4-33427 Shell 4" FK/RES Half Blue & Half Yellow Peony w/Silver Tail 1 2 2 4-33507 Shell 4" FK/RES Half Orange Half Purple Peony w/Silver Tail 1 2 2 4-33617 Shell 4" FK/RES Half Red Half Blue w/Brocade Ring w/Red Tail 1 2 2 4-34207 Shell 4" FK/RES Big Purple Red Sizzling w/Purple Tail 1 2 2 4-34257 Shell 4" FK/RES Fire Deity w/Silver Tail 1 2 2 4-34337 Shell 4" FK/RES Ghost Medusa w/Silver Rail 1 2 2 4-34397 Shell 4" FK/RES Tourbillion Red Crossette 1 2 2 4-40047 Shell 4" FK/RES Grass Green Dahlia w/Silver Tail 1 2 2 4-40237 Shell 4" FK/RES Red Dahlia w/Silver Tail 1 2 2 4-40417 Shell 4" FK/RES Pink Lemon Sea Blue Grass Green Mixed Color Dahlia w/Strobe Pistil w/Brocade Tail1 2 2 2 of 6 4-40470 Shell 4"DOM/RES Fuschia, Orange, Lemon & Sky Blue Dahlia w/ Silver Tail 1 2 2 4-40480 Shell 4"DOM/RES Magenta Dahlia w/ Lemon Strobe Pistil w/ Tail 1 2 2 4-40487 Shell 4" FK/RES Purple Dahlia w/Glittering & Coconut Core w/Silver Tail 1 2 2 4-40547 Shell 4" FK/RES Red White Blue Dahlia w/Silver Tail 1 2 2 4-50127 Shell 4" FK/RES Green Strobe w/Green Tail 1 2 2 4-50137 Shell 4" FK/RES Red Strobe w/Red Tail 1 2 2 4-50147 Shell 4" FK/RES Silver Strobe w/Silver Tail 1 2 2 4-54227 Shell 4" FK/RES Gold Glitter Crown Crossette w/Gold Tail 1 2 2 4-54287 Shell 4" FK/RES Pink & Grass Green Crossette w/Silver Tail 1 2 2 4-54317 Shell 4" FK/RES Red Crackling Crossette w/Red Tail 1 2 2 4-54357 Shell 4" FK/RES Variety Color Crossette w/Silver Tail 1 2 2 4-55087 Shell 4" FK/RES Special Gold Palm Tree w/Gold Tail 1 2 2 4-55370 Shell 4"DOM/RES Silver to Blue Palm w/ Brocade Tail 1 2 2 4-55400 Shell 4"DOM/RES Gold to Purple Palm Tree w/ Brocade Tail 1 2 2 4-57027 Shell 4" FK/RES Golden Spider w/ Shape Green Glittering to Red Pistil w/Double Brocade Tail1 2 2 4-57170 Shell 4"DOM/RES Crackling Spider w/ Crackling Tail 1 2 2 4-57187 Shell 4" FK/RES Crackling Spider w/Red Stobe Pistil w/Crackling Tail 1 2 2 4-57237 Shell 4" FK/RES Green Spider w/Strobing Pistil w/Green Tail 1 2 2 4-58270 Shell 4"LDP/RES Color Flower w/ Coconut Tree Pistil w/ Silver Tail 1 2 2 4-58307 Shell 4" FK/RES Gold Coconut Tree w/Thousands of Red w/Gold Tail 1 2 2 4-60100 Shell 4"LID/RES Gold Flashing Big Willow w/ Blue Pistil w/ Gold Tail 1 2 2 4-60110 Shell 4"LID/RES Gold Willow To Time Rain Crackling w/ Silver Tail 1 2 2 4-60130 Shell 4"LID/RES Happy Stars Willow w/ Crackling Tail 1 2 2 4-60257 Shell 4" FK/RES Green Willow to Red Flowers w/Green Tail 1 2 2 4-60280 Shell 4"DOM/RES Crackling Willow to Purple Dahlia Pistil w/ Crackling Willow Tail 1 2 2 4-60287 Shell 4" FK/RES Golden Willow w/Green Strobe Pistil w/Silver Tail 1 2 2 4-60327 Shell 4" FK/RES Purple to Glittering Willow w/Purple Tail 1 2 2 4-60377 Shell 4" FK/RES Red Willow w/Green Stars w/Red Tail 1 2 2 4-60430 Shell 4"DOM/RES Big Willow To Variegated w/ Gold To Popcorn Crackle Pistil w/ Brocade Tail1 2 2 4-61070 Shell 4"LID/RES Brocade Crown To Crackling Willow w/ Crackling Tail 1 2 2 4-61110 Shell 4"LID/RES Flower Crown w/ Silver Tail 1 2 2 4-61207 Shell 4" FK/RES Green to Silver Crown w/Green Tail 1 2 2 4-61257 Shell 4" FK/RES Purple to Silver Crown w/Purple Tail 1 2 2 4-61297 Shell 4" FK/RES Stained Glass Brocade Crown Blue Crossette w/Silver Tail 1 2 2 4-61380 Shell 4"LID/RES Brocade Gold To Magenta w/ Gold Tail 1 2 2 4-61570 Shell 4"DOM/RES Brocade to Red Strobe w/ Blue Pistil w/ Red Wave Tail 1 2 2 4-62040 Shell 4"LID/RES Kamuro w/ Red Tips w/ Silver Tail 1 2 2 4-62087 Shell 4" FK/RES Golden Kamuro to Green w/Green Tail 1 2 2 4-62140 Shell 4"LID/RES Crackling Kamuro w/ Gold Crackling Chrys Pistil w/ Crackling Tail1 2 2 4-63060 Shell 4"LID/RES Gold Brocade Diadem w/ Gold Tail 1 2 2 4-63107 Shell 4" FK/RES Blue Diadem to Yellow w/Green Pistil w/Green Tail 1 2 2 4-63217 Shell 4" FK/RES Diadem Chrys w/Strobing Pistil w/Strobe Tail 1 2 2 4-63247 Shell 4" FK/RES Green Diadem to Purple w/Silver Pistil w/Green Tail 1 2 2 4-64000 Shell 4"DOM/RES Purple Dahlia Waterfall w/ Brocade Tail 1 2 2 4-64107 Shell 4" FK/RES Color Strobe Waterfall w/Silver Tail 1 2 2 4C-70177 Chain 4" FK/RES Red Chrys Blue Wave Pistil w/Red Tail Chain of 9 9 2 18 4C-70290 Chain 4"DOM/RES Variegated Peony Chain of 9 9 2 18 4C-70440 Chain 4"DOM/RES New Color Crossette w/Silver Tail Chain of 9 9 2 18 4C-72237 Chain 4" FK/RES Silver to Blue Chrys w/Red Pistil & Silver Tail TIMER Chain of 9 9 2 18 4C-72850 Chain 4"DOM/RES Gold Spider TIMER Chain of 9 9 1 9 4C-72890 Chain 4"LID/RES Assorted Peony TIMER Chain of 9 9 1 9 Total 261 Product ID Category Size Mfg Description Shots Quantity Shots Ext 5-10200 Shell 5"LID/RES Glittering Purple To Yellow w/ Aqua Pistil w/ Green Tail 1 2 2 5-10220 Shell 5"LID/RES Cherry To Crackling Chrys w/ Flashing Red Pistil w/ Crackling Tail1 2 2 5-10240 Shell 5"DOM/RES Blue To Silver Crackling w/ Red To Silver Crackling Pistil w/ Tail1 2 2 5-10280 Shell 5"LID/RES Green To Yellow Chrys w/ Red Pistil w/ Silver Tail 1 2 2 5-10297 Shell 5" FK/RES Red Chrys w/Red Swimming Pistil w/Red Tail 1 2 2 5-10477 Shell 5"DOM/RES Purple Chrys & Gold Wave w/ Red Wave Tail 1 2 2 5-10930 Shell 5"LID/RES Red & White Chrys w/ Gold Crackling Chrys Flower Pistil w/ Red Tail1 2 2 5-11560 Shell 5"DOM/RES Red Gamboge To Blue To Red To White Strobe w/ Blue Small Flower1 4 4 5-15040 Shell 5"LID/RES Silver Wave To Green Flash Flower w/ Purple Pistil w/ Silver Tail1 2 2 3 of 6 5-15120 Shell 5"LID/RES Gold Wave To Red w/ Gold Crackling Chrys Flower Pistil w/ Gold Tail1 2 2 5-15287 Shell 5" FK/RES Blue Wave to Color w/Red to White Glitter Pistil w/Red Tail 1 4 4 5-15310 Shell 5"LID/RES Red Wave w/ White Flashing Pistil w/ Red Tail 1 4 4 5-15557 Shell 5" FK/RES Gold Wave Purple & Green Dahlia Double Wheel Orange Strobe Pistil w/Gold Tail1 2 2 5-15580 Shell 5"LID/RES Flower Wave w/ Red Strobe Pistil w/ Silver Tail 1 2 2 5-15650 Shell 5"DOM/RES Red Wave To Popcorn Crackle w/ Blue Pistil w/ Red Wave Tail 1 2 2 5-15780 Shell 5"DOM/RES Silver Wave To Red w/ Red Wave Tail 1 2 2 5-15800 Shell 5"DOM/RES Silver Wave To Green w/ Strobe Gold Pistil w/ Red Wave Tail 1 2 2 5-15820 Shell 5"DOM/RES Silver Wave To Blue To White Strobe w/ Red Pistil w/ Tail 1 4 4 5-20017 Shell 5" FK/RES Red White Blue Peony w/Red Tail 1 4 4 5-20020 Shell 5"LID/RES Yellow To Orange To White Flashing Peony w/ Silver Tail 1 2 2 5-20037 Shell 5" FK/RES Blood Red Peony w/Red Tail 1 2 2 5-20047 Shell 5" FK/RES 3 Layer Floor Peony w/Silver Tail 1 2 2 5-20077 Shell 5" FK/RES Blue Peony w/Blue Tail 1 2 2 5-20137 Shell 5" FK/RES Yellow to Green Peony w/Crackling Stars & Silver Tail w/Yellow Tail1 2 2 5-20157 Shell 5" FK/RES Grass Green Peony w/Green Tail 1 2 2 5-20170 Shell 5"LID/RES Green Peony w/ White Flashing Pistil w/ Silver Tail 1 2 2 5-20270 Shell 5"DOM/RES Blue & Red Peony w/ Coco Palm Pistil w/ Coco Palm Tail 1 2 2 5-20507 Shell 5" FK/RES White Peony w/White Tail 1 2 2 5-20594 Shell 5"DOM/RES Variegated Peony w/ Red Wave Tail 1 2 2 5-20880 Shell 5"LID/RES Yellow Dark Purple Peony w/ Silver Tail 1 2 2 5-20887 Shell 5" FK/RES Red Dark Gold w/Green Crackling Pistil w/Red Tail 1 2 2 5-21300 Shell 5"DOM/RES Purple & White Peony w/ Red Wave Tail 1 2 2 5-21330 Shell 5"DOM/RES Orange & Lemon Peony w/ Red Wave Tail 1 2 2 5-30130 Shell 5"LID/RES Red & Grass Green Cube w/ Red Tail 1 2 2 5-30160 Shell 5"LID/RES Cherry & Sea Blue Spiral Ring w/ Crackling Tail 1 2 2 5-30290 Shell 5"LID/RES Smiley Face w/ Red Tail 1 2 2 5-30450 Shell 5"LID/RES Red Strobing Heart In White Ring w/ Silver Tail 1 2 2 5-30570 Shell 5"LID/RES Silver Wave Ring To Cherry w/ Flashing Red Pistil w/ Red Tail 1 2 2 5-30720 Shell 5"LID/RES Green Ring In Red Ring w/ Flashing White Pistil w/ Silver Tail 1 2 2 5-30760 Shell 5"LID/RES Silver Whirl Flower Ring w/ Green Pistil w/ Silver Tail 1 2 2 5-30766 Shell 5"DOM/RES Yellow to Red Sweeper Ring w/ Silver Tail 1 2 2 5-32010 Shell 5"LID/RES Silver Bowtie In Grass Green Ring w/ Silver Tail 1 2 2 5-32190 Shell 5"DOM/RES Brocade Bowtie w/ Red Strobe Ring 1 2 2 5-33150 Shell 5"LID/RES Half Red To White & Half White To Red w/ Silver Tail 1 2 2 5-33420 Shell 5"LID/RES Half Magenta To Lemon & Half Lemon To Magenta w/ Silver Tail1 2 2 5-33480 Shell 5"DOM/RES Half Green Half Lemon Peony w/ Red Wave Tail 1 2 2 5-40470 Shell 5"DOM/RES Colorful Pink Dahlia w/ Silver Tail 1 2 2 5-40480 Shell 5"DOM/RES Magenta Dahlia w/ Lemon Strobe Pistil w/ Silver Tail 1 2 2 5-40487 Shell 5" FK/RES Purple Dahlia w/Glittering and Coconut Core w/Purple Tail 1 2 2 5-40520 Shell 5"DOM/RES Blue Dahlia w/ Red Strobe Pistil w/ Silver Tail 1 2 2 5-50247 Shell 5" FK/RES Water Color Strobe w/Silver Tail 1 2 2 5-50390 Shell 5"DOM/RES Red & White Strobe w/ Red Wave Tail 1 2 2 5-54287 Shell 5" FK/RES Pink & Grass Green Crossette w/Silver Tail 1 2 2 5-55010 Shell 5"LID/RES Gold To Magenta Palm w/ Gold Flashing Pistil w/ Gold Tail 1 2 2 5-55030 Shell 5"LID/RES Silver Palm w/ Blue Tips & Crackling Pistil w/ Silver Tail 1 2 2 5-55087 Shell 5" FK/RES Special Gold Palm Tree w/Gold Tail 1 2 2 5-57027 Shell 5" FK/RES Golden Spider w/ Shape Green Glittering to Red Pistil w/Double Brocade Tail1 2 2 5-57070 Shell 5"DOM/RES Gold Spider w/ Flashing Red Pistil w/ Silver Tail 1 2 2 5-58050 Shell 5"LID/RES Silver Time Rain Coconut Tree w/ Crackling Tail 1 2 2 5-60090 Shell 5"LID/RES Crackling Willow w/ Flashing White Pistil w/ Silver Tail 1 2 2 5-60110 Shell 5"LID/RES Gold Willow To Time Rain Crackling w/ Gold Tail 1 2 2 5-60270 Shell 5"LID/RES Gold Willow w/ Purple Tips & Gold Crackling Chrys Pistil w/ Silver Tail1 2 2 5-60327 Shell 5" FK/RES Purple to Glittering Willow w/Purple Tail 1 2 2 5-64000 Shell 5"DOM/RES Purple Dahlia Waterfall w/ Brocade Tail 1 2 2 5-64107 Shell 5"FK/RES Color strobe waterfall w/Silver Tail 1 2 2 Total 140 Product ID Category Size Mfg Description Shots Quantity Shots Ext 6-10098 Shell 6"DOM/RES Glittering Gold Chrys To Purple w/ Crackling Pistil w/ Gold Tail 1 2 2 6-10158 Shell 6"DOM/RES Pink To Lemon To Grass Green Chrys w/ Flashing Red Pistil w/ Silver Tail1 1 1 6-10249 Shell 6"DOM/RES Blue To Red To Silver w/ Flashing White Pistil w/ Silver Tail 1 1 1 6-10417 Shell 6" FK/RES Blue to Red to White Flashing w/Red Tail 1 2 2 4 of 6 6-10507 Shell 6" FK/RES Red White Blue Chrys w/White Flashing Pistil w/Red Tail 1 2 2 6-10590 Shell 6"LID/RES Red Gamboge To Green To Purple w/ Palm Core w/ Brocade Tail1 2 2 6-10655 Shell 6"DOM/RES Flashing Red To Silver To Blue Chrys w/ Flashing White Pistil w/ Silver Tail1 2 2 6-15064 Shell 6"DOM/RES Silver Wave To Green w/ Gold Strobe Pistil w/ Red Wave Tail 1 2 2 6-15067 Shell 6" FK/RES Golden Wave to Watercolor w/Gold Tail 1 2 2 6-15221 Shell 6"DOM/RES Flower Wave To Pink w/ Flashing Red Pistil w/ Brocade Tail 1 2 2 6-15740 Shell 6"DOM/RES Red Silver Wave To Blue To White Strobe w/ Red Strobe Pistil w/ Red Wave Tail1 2 2 6-15830 Shell 6"DOM/RES Gold Wave To Blue To Silver Strobe w/ Red To Green Pistil w/ Silver Tail1 2 2 6-20044 Shell 6"DOM/RES Green Peony w/ Coconut Palm Pistil w/ Brocade Tail 1 2 2 6-20047 Shell 6" FK/RES 3 Layer Floor Peony w/Silver Tail 1 2 2 6-20563 Shell 6"DOM/RES Red Crackling Peony w/ Flashing White Pistil w/ Red Tail 1 2 2 6-20594 Shell 6"DOM/RES Varigated Peony w/ Red Wave Tail 1 2 2 6-20617 Shell 6" FK/RES Blue to Silver Peony w/Red Willow Pistil w/Silver Tail 1 2 2 6-20970 Shell 6"DOM/RES Brocade To Dark To Red w/ Dark To Yellow Pistil w/ Tail 1 1 1 6-20990 Shell 6"DOM/RES Red Dark Red w/ Gold Strobe To Crackle Pistil w/ Red Wave Tail1 1 1 6-21570 Shell 6"DOM/RES Purple Peony To Popcorn Crackle w/ Gold Strobe To Crackle Pistil w/ Brocade Tail1 1 1 6-30180 Shell 6"LID/RES Brocade Lemon w/ Grass Green Double Rings w/ Silver Tail 1 2 2 6-30240 Shell 6"LID/RES Purple Cover Lemon Ring w/ Silver Tail 1 2 2 6-30320 Shell 6"LID/RES Purple 7 Stars w/ Gold Wave Green Ring w/ Silver Tail 1 1 1 6-30421 Shell 6"DOM/RES Blue To Red Sweeper Ring w/ Silver Tail 1 1 1 6-30530 Shell 6"LID/RES Orange Ring In Green Ring In Yellow Ring w/ Silver Tail 1 1 1 6-31230 Shell 6"DOM/RES Color Changing Ghost Shell (Red To Blue) w/ Tail 1 1 1 6-31280 Shell 6"LDP/RES Red & Blue Crackling Ghost w/ Crackling Tail 1 1 1 6-32000 Shell 6"LID/RES Gold Bowtie w/ Red Ring w/ Gold Tail 1 1 1 6-33050 Shell 6"LID/RES Half Orange & Half Sea Blue Chrys w/ White Flashimg Pistil w/ Silver Tail1 1 1 6-33090 Shell 6"LID/RES Half Purple & Half Yellow Peony w/ Silver Tail 1 1 1 6-33110 Shell 6"LID/RES Half Red To Blue w/ Half Blue To Red Peony w/ Silver Tail 1 1 1 6-33370 Shell 6"DOM/RES Half Red To White & Half White To Red Peony w/ Silver Tail 1 2 2 6-34447 Shell 6" FK/RES 4D Ghost w/Silver Tail 1 1 1 6-34487 Shell 6" FK/RES Planet w/Silver Tail 1 1 1 6-40487 Shell 6" FK/RES Purple Dahlia w/Glittering and Coconut Core w/Purple Tail 1 2 2 6-40540 Shell 6"DOM/RES Multi Color Dahlia w/ Silver Strobe Pistil w/ Brocade Tail 1 2 2 6-50147 Shell 6" FK/RES Silver Strobe w/Silver Tail 1 2 2 6-50330 Shell 6"DOM/RES Golden Strobe w/ Blue Dahlia Pistil 1 2 2 6-50390 Shell 6"DOM/RES Red & White Strobe w/ Red Wave Tail 1 2 2 6-54166 Shell 6"DOM/RES New Color Crossette w/ Red Tail 1 2 2 6-54227 Shell 6" FK/RES Gold Glitter Crown Crossette w/Gold Tail 1 2 2 6-54357 Shell 6" FK/RES Variety Color Crossette w/Red Tail 1 2 2 6-55370 Shell 6"DOM/RES Silver To Blue Palm w/ Red Strobe Pistil w/ Red Wave Tail 1 2 2 6-55380 Shell 6"DOM/RES Double Crackle w/ Crackling Willow Tail 1 2 2 6-57177 Shell 6"DOM/RES Crackling Spider w/ Flashing Green Pistil w/ Silver Tail 1 2 2 6-58040 Shell 6"DOM/RES Red Crackling Coconut Tree w/ Flashing White Pistil w/ Red Tail1 2 2 6-58050 Shell 6"LID/RES Silver Time Rain Coconut Tree w/ Silver Tail 1 2 2 6-58095 Shell 6"DOM/RES Silver Time Rain Coconut Tree w/ Silver Tail 1 1 1 6-58126 Shell 6"DOM/RES Glittering Coconut Tree w/ Flashing Gold Pistil w/ Gold Tail 1 1 1 6-58210 Shell 6"DOM/RES Silver Coconut Chrys Ball w/ Brocade Tail 1 1 1 6-58260 Shell 6"LID/RES Wave Coconut Tree w/ Purple Crossette Pistil w/ Silver Tail 1 1 1 6-60338 Shell 6"DOM/RES Silver Willow To Green w/ Flashing Green Pistil w/ Silver Tail 1 2 2 6-60340 Shell 6"LID/RES Silver Willow to Green Tips w/ Orange Pistil w/ Silver Tail 1 2 2 6-60350 Shell 6"LID/RES Red Flashing Big Willow w/ Silver Tail 1 2 2 6-60360 Shell 6"DOM/RES Red Flashing Big Willow w/ Blue Pistil w/ Red Tail 1 2 2 6-60500 Shell 6"DOM/RES Gold Willow To Red w/ Flashing Lemon Pistil w/ Gold Tail 1 2 2 6-61027 Shell 6"DOM/RES Brocade Chrys To Magenta w/ Flashing White Pistil w/ Silver Tail1 1 1 6-61030 Shell 6"LID/RES Brocade Crown To Silver Time Rain Coconut Tree w/ Silver Tail1 1 1 6-61090 Shell 6"LID/RES Silver To Red To Silver Crown w/ Silver Tail 1 1 1 6-61327 Shell 6" FK/RES Brocade Crown Silver Fly Dragon w/Brocade Tail 1 1 1 6-61690 Shell 6"LDP/RES Red Peony w/ Brocade Crown To White Flashing Flower w/ White Strobe Pistil w/ Red Tail1 1 1 6-61770 Shell 6"LID/RES Golden Rain To Silver Dragon w/ Green Strobe Pistil 1 1 1 6-62210 Shell 6"LID/RES Kamuro w/ Red Tips w/ Flashing Red Pistil w/ Red Tail 1 1 1 6-62220 Shell 6"LID/RES Kamuro w/ White Flashing Pistil w/ Brocade Tail 1 1 1 6-62610 Shell 6"DOM/RES Blue To Brocade Crown Kamuro w/ Brocade Tail 1 1 1 6-63247 Shell 6" FK/RES Green Diadem to Purple w/Silver Pistil w/Green Tail 1 1 1 6-64000 Shell 6"DOM/RES Purple Dahlia Waterfall w/ Brocade Tail 1 2 2 5 of 6 6-64020 Shell 6"LDP/RES Horse Tail To Color w/ Gold Tail 1 2 2 6-64107 Shell 6"FK/RES Color strobe Waterfall w/Silver Tail 1 2 2 Total 108 Product ID Category Size Mfg Description Shots Quantity Shots Ext A300-111 Cake 1" FK/RES 300 Shot White Glittering Blue Mine Red Crossette 300 1 300 A364-117 Cake 1"DOM/RES 364 Shot Z Fan Lemon & Purple Crossette Fan Cake 364 1 364 Total 664 6 of 6 FIREWORKS DISPLAY PROPOSAL FOR CITY OF EDEN PRAIRIE JULY 4TH 2026 NONDISCLOSURE The material contained in this document is confidential and is for review only by those directly involved in awarding this bid. This document may not be copied or reproduced in any fashion without written consent of RES Pyro. CONFIDENTIALITY Our ideas, concepts and creativity are our livelihood. Your respect for our confidentiality is appreciated. Fireworks Display Proposal for City of Eden Prairie July 4th, 2026 What's in My Fireworks Display? We pride ourselves on having the most diverse inventory of fireworks product. This allows us to create a show unlike any of our competitor’s shows. The high-quality shells we use are chosen and crafted for their wow factor. Nearly all of them feature tailed and rising effect designs. This makes it easy for audiences to watch the fireworks streak up from the ground through the sky and burst into color overhead. How is My Fireworks Display Presented? The success of your fireworks show depends on the execution of your display. We understand the difference between "throwing a bunch of stuff into the air" and creating a synchronized visual and aural experience. We use Finale3D real-time simulation software to design our displays. Over the years, we've determined the most effective display setup for an awe-inspiring presentation. We use an angled rack setup to cover a greater area of the sky. A variety of effects are shot simultaneously into the air in a "V" pattern, filling two separate areas of the sky with identical patterns. The firing system that will be used to fire your display is the Pyrodigital Firing System. This is a state-of-the-art computer firing system that has accuracy up to 1/100 of a second, which will automatically fire your pre-designed display. You can expect:  A preloaded fireworks show  Precisely timed choreography  No large gaps of time with only a black sky  Easier control of show pacing  Multiple firings at the same time  Added safety for the audience and staff (limited handling of shells in the dark) Your show's themes will be highlighted throughout our choreography, helping the audience better connect with and appreciate your event. What's in the Main Show Body of My Fireworks Display? Here's a list of the types of products you'll find in your fireworks display:  Color and report shells  Pattern shells, e.g., hearts, hourglass, stars, butterflies, rings  Strobe and shimmer effects  Glitter and tremalon shells  Crackling and crossette shells  Traditional Japanese shells, e.g., diadems, Saturns, palms, chrysanthemums For your display, we'll also include a unique segment of signature pattern shells. These shells capture audience's attention with exciting patterns in the sky, like Saturn rings, colored stars with rings, smiley faces, jellyfish, concentric rings, poinsettias, and hearts. We'll also include a red, white, and blue patriotic segment to showcase our country's colors. A variety of shell effects and designs will be used to highlight the colors of our flag. There may be modifications to the listed products due to inventory availability, nature of the site and product upgrades. What Can I Expect in My Fireworks Finale? There'll be no mistake when your grand finale begins. The sky will illuminate with dazzling colors, becoming louder and more brilliant as the finale progresses. We're able to create this kind of experience by using multiple levels of effects. They appear to morph into waves of glittering colors that continue to increase in intensity until the pinnacle - complemented by breathtaking fancy color shells overhead. How Do We Keep Our Shows Safe? Safety is always first for all RES Pyro displays. We conduct annual training with our operators to ensure they are up to date on all internal policies and procedures and any changes to State and Federal regulations. All assistants receive on-site training specific to the display site. We follow DOT regulations to transport all equipment and fireworks to the display site on the day of the display. Therefore, no on-site storage is required. RES Pyro understands the importance of adhering to the NFPA 1123 code. We use fiberglass and HDPE mortars for launching shells, which are configured in racks and placed in banks. From the time of arrival on site until they leave following the cleanup of the site, the display crew is always watching for unauthorized access to the site by the public. This involves working in conjunction with the local authority having jurisdiction so both parties have a complete understanding of the site perimeter. During the display, members of the display crew are assigned as spotters to watch for malfunctioning firework effects and breach of the safety perimeter by the public. After the conclusion of the display, the crew will conduct a thorough inspection of the fallout zone and clear any remaining live product, if necessary. Following this, all equipment, product debris, and packaging will be removed from the site. (rev. 6/2024) Agreement for Professional Services 4th of July Fireworks This Agreement (“Agreement”) is made on this 7th day of October, 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 RES Speciality Pyrotechnics, Inc., a Minnesota corporation, d/b/a RES Pyro (hereinafter "Consultant") whose business address is 21595 286th Street, Belle Plaine, MN 56011. Preliminary Statement The City has adopted a policy regarding the selection and hiring of consultants to provide a variety of professional services for City projects. That policy requires that persons, firms or corporations providing such services enter into written agreements with the City. The purpose of this Agreement is to set forth the terms and conditions for the provision of professional services by Consultant for Fireworks and Pyrotechnic Operations for the 2026 Eden Prairie 4th of July Celebration at Round Lake Park, hereinafter referred to as the “Work”. The City and Consultant agree as follows: 1. Scope of Work. The Consultant agrees to provide the professional services shown in Exhibit A (Proposal Dated September 17, 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 October 7, 2025 through July 5, 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 exepnses in a total amount not to exceed $25,000 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 has designed Erv Haman as the Project Manager for the Work. 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. Day-of pyrotechnic staff will be listed in the permit and insurance documents, along with Operator Licenses as attachments. 7. Standard of Care. Consultant shall exercise the same degree of care, skill and diligence in the performance of its services as is ordinarily exercised by members of the profession under similar circumstances in Hennepin County, Minnesota. Consultant shall be liable to the fullest extent permitted under applicable law, without limitation, for any injuries, loss, or damages proximately caused by Consultant's breach of this standard of care. Consultant shall put forth reasonable efforts to complete its duties in a timely manner. Consultant shall not be responsible for delays caused by factors beyond its control or that could not be reasonably foreseen at the time of execution of this Agreement. Consultant shall be responsible for costs, delays or damages arising from unreasonable delays in the performance of its duties. 8. 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. Subcontractors. 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 $1,500,000 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. CONSULTANT By: Its: CITY OF EDEN PRAIRIE ____________________________________ Ronald A. Case Mayor _____________________________________ Rick Getschow City Manager Page 11 of 10 (rev. 6/2024) EXHIBIT A Quote/Proposal/Scope of Services City Council Agenda Cover Memo Date: Oct. 7, 2025 Section: Consent Calendar Item Number: VII.Q. Department: Rick Clark, Facilities Manager, Administration ITEM DESCRIPTION Change Orders related to corrective underground utility and interior plumbing/storm drainage work for the Eden Prairie Police Department and City Office Renovation. REQUESTED ACTION Approve the following Change Orders • Core Mechanical Services, LLC – Plumbing and interior storm drainage revisions $324,532.10. • Minnesota Utilities & Excavating, LLC – Sitework for storm sewer revisions $56,589.00. • Core Mechanical Services, LLC – Deteriorated sanitary piping replacement $28,908.50. SUMMARY During demolition and verification of existing conditions, several underground and interior piping conditions were found to differ from historic drawings. Portions of storm and sanitary systems were undersized, misrouted, or in poor condition. To deliver a reliable, code-compliant system that aligns actual field conditions with the approved design, revisions were designed and a deteriorated sanitary segment was directed to be replaced. The interior scope covers targeted demolition, interior excavation and backfill, rerouting and upsizing of storm, rerouting sanitary, sump equipment tie-ins, scanning and core drilling through existing construction, and required inspections and testing. The site scope covers storm sewer rerouting, required watermain crossings, excavations and tie-ins, pavement and curb removal with restoration, and localized regrading so the updated drainage paths function as intended. These are corrective measures driven by field discovery, not added scope, and are recommended to avoid future drainage issues, sanitary backups, or rework of finished areas. Costs are covered by the project contingency. ATTACHMENTS Attach 1 - Change Order with Minnesota Utilities & Excavating, LLC Attach 2 - Change Order Core Mechanical Services, LLC Attach 3 - Change Order Core Mechanical Services, LLC ! "# $$ " % &' # (( ) &'% * + ,#% &&- !""# ./ 0' ")1 - 2 .2%$/ 0' " 3/ 2 $%&'(&)*+,, $-++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++ ./0$/ 1 -++++++++++++++++++++++++++++++++++++++++++++ -+++++++++++++++++++++++++++++++++++++++++++++++++++++++ -$$. ./ +++++++++++++++++++++++++++++++++++++++++++++++ --$$.+++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++ %2(3&*(*''+', %2(42'(&&&+', %2,5(453+', %2(2&3(&*6+,, %&'(&)*+,, 7"8" 9:#(8; ( 4 - -!5 9: 8; 467 9: 849 : ;5 "' -' % $$ " -5 <= 9: # 9: * + ,#% &&- ) &'% &' # % % BY (Signature) +5/87214Ā,4903560Ā.+'Ā"-(!*),$Ȁ"* )Ȁ!"!+Ȁ&* "Ȁ, +,-,#)$(%& Contract Change Order Minneapolis MN 55404501 South Eighth Street Contract #: 2510019 - WS 22-A2510019-02 Eden Prairie Police Department RenovationProject: 8080 Mitchel Road Eden Prairie, MN 55344 Contract Change Order #: 4 To Contractor : 4796 Merganser Drive Change Order Date: 9/25/25 Minnetrista, MN 55375 Core Mechanical Services, LLC PCO Item Description Amount THE CONTRACT IS CHANGED AS FOLLOWS: $28,908.50 Plumbing per RFI 057 - Sanitary Piping 1 052 Total $28,908.50 The original Contract Sum was . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . The net change by previously authorized Change Orders was . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . The Contract Sum prior to this Change Order was . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . The Contract Sum will be increased by this Change Order . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . The new Contract Sum will be . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $1,785,556.10 $1,814,464.60 $288,556.10 $1,497,000.00 $28,908.50 NOT VALID UNTIL SIGNED BY THE OWNER, CONSTRUCTION MANAGER, ARCHITECT AND CONTRACTOR DATE: Kraus-Anderson Construction Company 501 South Eighth Street Minneapolis MN 55404 BY (Signature) CONSTRUCTION MANAGER (Firm name) ADDRESS Dan Kjellberg (Typed name) ARCHITECT (Firm name) ADDRESS BY (Signature) DATE: (Typed name) BKV Group Michael Healy Rick Clark Eden Prairie, MN 55344 8080 Mitchell Road City Of Eden Prairie (Typed name)DATE: (Typed name)DATE: BY (Signature) ADDRESS OWNER (Firm name) BY (Signature) ADDRESS CONTRACTOR (Firm name) Core Mechanical Services, LLC Minnetrista, MN 55375 4796 Merganser Drive 222 North 2nd Street, Suite 101 Minneapolis, MN 55401 Page 1 of 1 !" ## ! $ % &' " (( $ %& ) " $ **) !""# +% $%, - ! & % ' $%&'()*&'+,- $.++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++ /01$0 2 .++++++++++++++++++++++++++++++++++++++++++++ .+++++++++++++++++++++++++++++++++++++++++++++++++++++++ .$$/ /0 +++++++++++++++++++++++++++++++++++++++++++++++ ..$$/+++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++ %,)(34)---+-- %,)5',)*&'+,- %-+-- %,)(34)---+-- %&'()*&'+,- 6"7" 89#)7: ) . ) ) / 89 7: .0- 89 1.2 3 4/ !5 )5 $ % ## ! )/ 67 89 # 89 ) " $ **) $ %& &' " $ $ BY (Signature) ,6098325Ā-5:14671Ā/,)Ā!%.$+""&Ȁ,!%$Ȁ#($%Ȁ' *(Ȁ**-$++ *#&! City Council Agenda Cover Memo Date: Oct. 7, 2025 Section: Consent Calendar Item Number: VII.R. Department: Rick Clark, Facilities Manager, Administration ITEM DESCRIPTION Seal Fire Station 4 Apparatus Bay Floor REQUESTED ACTION Award the contract to Concrete Science to seal the Fire Station 4 apparatus bay floor with a quartz polyurea coating in the amount of $63,021.00. SUMMARY Staff received 3 proposals for the Fire Station Bay Floor Project: • Concrete Science - $63,021.00 • Accoustics Associates - $65,820.00 • TMI Coatings LLC - $107,900 As part of the 2025 Capital Improvement Plan, the existing floor coating in the apparatus bay at Fire Station 4 is scheduled for replacement. The current coating is failing as its peeling, chipping, and beyond its useful life leaving the underlying concrete vulnerable to damage. The proposed replacement coating is a quartz polyurea system, selected for its superior chemical resistance, flexibility, and durability over traditional epoxy. ATTACHMENTS Agreement for Contract Services with Concrete Science (rev. 6/2024) Agreement for Contract Services This Agreement (“Agreement”) is made on the 7th day of October, 2025, between the City of Eden Prairie, Minnesota (hereinafter "City"), whose business address is 8080 Mitchell Road, Eden Prairie, MN 55344, and Concrete Science, a Minnesota Corporation (hereinafter "Contractor") whose business address is 7545 Commerce St, Corcoran, MN 55340. Preliminary Statement The City has adopted a policy regarding the selection and hiring of contractors to provide a variety of services for City projects. That policy requires that persons, firms or corporations providing such services enter into written agreements with the City. The purpose of this Agreement is to set forth the terms and conditions for the provision of services by Contractor for Applying quartz system to Bay Floor at Fire Station #4 hereinafter referred to as the "Work". The City and Contractor agree as follows: 1. Scope of Work. The Contractor agrees to provide, perform and complete all the provisions of the Work in accordance with attached Exhibit A. Any general or specific conditions, terms, agreements, consultant or industry proposal, or contract terms attached to or a part of Exhibit A are declined in full and, accordingly, are deleted and shall not be in effect in any manner. 2. Effective Date and Term of Agreement. This Agreement shall become effective as of October 7, 2025. The Work shall be completed by November 30, 2025. 3. Obligations of Contractor. Contractor shall conform to the following obligations: a. Contractor shall provide the materials and services as set forth in Exhibit A. b. Contractor and its employees will park in service areas or lots and use entries and exits as designated by City. Contractor’s personnel will contact the appropriate person (i.e. receptionist, maintenance personnel, security, etc,) immediately upon entering the building, and will sign in and out if required by City. c. Care, coordination and communication by Contractor is imperative so that guests and employees in the buildings are not disturbed or inconvenienced during the performance of the contracted services. d. Contractor’s personnel must be neat appearing, wear a uniform and badge that clearly identifies them as a service contractor, and abide by City’s no smoking policies. e. Contractor must honor the City’s request to reassign an employee for cause. Cause may include performance below acceptable standards or failure to present the necessary image or attitude, in the judgment of the owner, to present a first class operation. Standard Agreement for Contract Services (rev. 6/2024) Page 2 of 11 f. When necessary, Contractor’s personnel will be provided with keys or access cards in order to perform their work. Any lost keys or cards that result in rekeying a space or other cost to the City will be billed back to the Contractor. 4. City’s Obligations. City will do or provide to Contractor the following: a. Provide access to City properties as appropriate. b. Provide restroom facilities as appropriate. 5. Compensation for Services. City agrees to pay the Contractor a fixed sum of $63,021.00 as full and complete payment for the labor, materials and services rendered pursuant to this Agreement and as described in Exhibit A. a. Any changes in the scope of the work which may result in an increase to the compensation due the Contractor shall require prior written approval by an authorized representative of the City or by the City Council. The City will not pay additional compensation for services that do not have prior written authorization. b. If Contractor is delayed in performance due to any cause beyond its reasonable control, including but not limited to strikes, riots, fires, acts of God, governmental actions, actions of a third party, or actions or inactions of City, the time for performance shall be extended by a period of time lost by reason of the delay. Contractor will be entitled to payment for its reasonable additional charges, if any, due to the delay. 6. Method of Payment. a. Contractor shall prepare and submit to City, on a monthly basis, itemized invoices setting forth work performed under this Agreement. Invoices submitted shall be paid in the same manner as other claims made to the City. b. Claims. By making the claim for payment, the person making the claim is declaring that the account, claim, or demand is just and correct and that no part of it has been paid. c. No fuel surcharges or surcharges of any kind will be accepted nor will they be paid. 7. Project Manager. The Contractor shall designated a Project Manager and notify the City in writing of the identity of the Project Manager before starting work on the Project. The Project Manager shall be assisted by other staff members as necessary to facilitate the completion of the Work in accordance with the terms established herein. Contractor may not remove or replace the Project Manager without the approval of the City. 8. Standard of Care. Contractor shall exercise the same degree of care, skill and diligence in the performance of its services as is ordinarily exercised by members of the profession under Standard Agreement for Contract Services (rev. 6/2024) Page 3 of 11 similar circumstances in Hennepin County, Minnesota. Contractor shall be liable to the fullest extent permitted under applicable law, without limitation, for any injuries, loss, or damages proximately caused by Contractor's breach of this standard of care. Contractor shall put forth reasonable efforts to complete its duties in a timely manner. Contractor shall not be responsible for delays caused by factors beyond its control or that could not be reasonably foreseen at the time of execution of this Agreement. Contractor shall be responsible for costs, delays or damages arising from unreasonable delays in the performance of its duties. 9. Insurance. a. General Liability. Prior to starting the Work, Contractor shall procure, maintain and pay for such insurance as will protect against claims or loss which may arise out of operations by Contractor or by any subcontractor or by anyone employed by any of them or by anyone for whose acts any of them may be liable. Such insurance shall include, but not be limited to, minimum coverages and limits of liability specified in this Paragraph, or required by law. b. Contractor shall procure and maintain the following minimum insurance coverages and limits of liability for the Work: Worker’s Compensation Statutory Limits Employer’s Liability $500,000 each accident $500,000 disease policy limit $500,000 disease each employee Commercial General $1,000,000 property damage and bodily Liability injury per occurrence $2,000,000 general aggregate $2,000,000 Products – Completed Operations Aggregate $100,000 fire legal liability each occurrence $5,000 medical expense Comprehensive Automobile Liability $1,000,000 combined single limit each accident (shall include coverage for all owned, hired and non-owed vehicles.) Umbrella or Excess Liability $1,000,000 c. Commercial General Liability. The Commercial General Liability Policy shall be on ISO form CG 00 01 12 07 or CG 00 01 04 13, or the equivalent. Such insurance shall cover liability arising from premises, operations, independent contractors, products- completed operations, personal and advertising injury, and liability assumed under an insured contract (including the tort liability of another assumed in a business contract). There shall be no endorsement or modification of the Commercial General Standard Agreement for Contract Services (rev. 6/2024) Page 4 of 11 Liability form arising from pollution, explosion, collapse, underground property damage or work performed by subcontractors. d. Contractor shall maintain “stop gap” coverage if Contractor obtains Workers’ Compensation coverage from any state fund if Employer’s liability coverage is not available. e. All policies, except the Worker’s Compensation Policy, shall name the “City of Eden Prairie” as an additional insured. f. All policies, except the Worker’s Compensation Policy, Automobile Policy, and Professional Liability Policy, shall name the “City of Eden Prairie” as an additional insured including products and completed operations. g. All policies shall contain a waiver of subrogation in favor of the City. h. All General Liability policies, Automobile Liability policies, and Umbrella policies shall contain a waiver of subrogation in favor of the City. i. All polices, except the Worker’s Compensation Policy, shall insure the defense and indemnity obligations assumed by Contractor under this Agreement. j. Contractor agrees to maintain all coverage required herein throughout the term of the Agreement and for a minimum of two (2) years following City’s written acceptance of the Work. k. It shall be Contractor’s responsibility to pay any retention or deductible for the coverages required herein. l. All policies shall contain a provision or endorsement that coverages afforded thereunder shall not be cancelled or non-renewed or restrictive modifications added, without thirty (30) days’ prior notice to the City, except that if the cancellation or non-renewal is due to non-payment, the coverages may not be terminated or non- renewed without ten (10) days’ prior notice to the City. m. Contractor shall maintain in effect all insurance coverages required under this Paragraph at Contractor’s sole expense and with insurance companies licensed to do business in the state in Minnesota and having a current A.M. Best rating of no less than A-, unless specifically accepted by City in writing. n. A copy of the Contractor’s Certificate of Insurance which evidences the compliance with this Paragraph, must be filed with City prior to the start of Contractor’s Work. Upon request a copy of the Contractor’s insurance declaration page, Rider and/or Endorsement, as applicable shall be provided. Such documents evidencing Insurance shall be in a form acceptable to City and shall provide satisfactory evidence that Contractor has complied with all insurance requirements. Standard Agreement for Contract Services (rev. 6/2024) Page 5 of 11 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: Oct. 7, 2025 Section: Consent Calendar Item Number: VII.S. Department: Information Technology ITEM DESCRIPTION Upgrade switches at Community Center (core), Liquor Stores 1 & 3, Fire Station 1, Mall and Outdoor center animal junction. REQUESTED ACTION Move to: Approve quote and authorize LOGIS to replace network equipment at various city locations. SUMMARY Switches at Community Center, Fire Station 1, Liquor store 1 & 3, Mall, Outdoor center animal junction were last upgraded in 2020. Community Center core will be upgraded to 5 switches and a 9K switch with 10GB ports to enable increased speeds. All switches will be upgraded to ensure the integrity of our network and ability to accommodate expanded network traffic. Logis has worked with Heartland Business Systems to provide a quote for this work under State of MN Contract for Cisco (#260552). Total cost for switches is $153,136.47 and has been budgeted in the IT CIP budget. ATTACHMENTS • Heartland Business Systems quote LOGIS - City of Eden Prairie Nexus Switching Quote #387748 v1 Prepared For:Prepared By: LOGIS Minneapolis Area Office Lori Hackett 5750 Duluth St.Golden Valley, MN 55422 Luke Possis 101 Broadway Avenue West Suite 106Osseo, MN 55369 P:(763) 543-2606 P:952-656-9202 E:lhackett@logismn.gov E:lpossis@hbs.net Date Issued: 09.29.2025 Expires: 10.10.2025 Hardware/Software List Price Discount Price Qty Ext. Price Community Center Nexus 9300 48p 1/10/25G, 6p 40/100G, MACsec,SyncEN9K-C93180YC- FX3 $30,150.00 61.00%$11,758.50 1 $11,758.50 SOLN SUPP 8X5XNBD Nexus 9300 48p 1/10/25G, 6p 40/100G, MACCON-SSSNT- N9KC93X3 $8,110.00 21.00%$6,406.90 1 $6,406.90 Dummy PID for Airflow Selection Port-side IntakeNXK-AF-PI $0.00 0.00%$0.00 1 $0.00 Nexus 3K/9K Fixed Accessory Kit, 1RU front and rear removalNXK-ACC-KIT- 1RU $0.00 0.00%$0.00 1 $0.00 Nexus Fan, 35CFM, port side intake airflowNXA-FAN- 35CFM-PI $0.00 0.00%$0.00 4 $0.00 Additional memory of 16GB for Nexus SwitchesNXK-MEM- 16GB $1,204.38 61.00%$469.71 1 $469.71 Nexus NEBs AC 650W PSU - Port Side IntakeNXA-PAC-650W -PI $0.00 0.00%$0.00 2 $0.00 Power Cord, 125VAC 13A NEMA 5-15 Plug, North AmericaCAB-9K12A-NA $0.00 0.00%$0.00 2 $0.00 OPT OUT FOR "Default" DCN Subscription SelectionC1-SUBS- OPTOUT $0.00 0.00%$0.00 1 $0.00 DCN Security License for Nexus 9K Fixed SwitchACI-SEC-XF $5,968.19 36.00%$3,819.64 1 $3,819.64 SOLN SUPP SWSS Security License for DCNCON-ECMUS- ACISECXF $1,565.00 21.00%$1,236.35 1 $1,236.35 DCN Advantage SW license for a 10G+ Nexus 9K LeafACI-AD-XF $27,941.51 36.00%$17,882.57 1 $17,882.57 SOLN SUPP SWSS DCN Advantage SW license for a 10/25/40GCON-ECMUS- ACIADXF $7,320.00 21.00%$5,782.80 1 $5,782.80 Mode selection between ACI and NXOSMODE-NXOS $0.00 0.00%$0.00 1 $0.00 Nexus 9300, 9500, 9800 NX-OS SW 10.4.1 (64bit) Cisco SiliconNXOS-CS- 10.4.1F $0.00 0.00%$0.00 1 $0.00 Select if this product will NOT be used for AI ApplicationsDCN-OTHER $0.00 0.00%$0.00 1 $0.00 Catalyst 9300 48-port mGig UPoE+, Network EssentialsC9300X-48HX-E $17,660.36 56.00%$7,770.56 1 $7,770.56 1100W AC 80+ platinum Config 1 Power SupplyPWR-C1- 1100WAC-P $0.00 0.00%$0.00 1 $0.00 Page: 1 of 8Quote #387748 v1 Hardware/Software List Price Discount Price Qty Ext. Price 1100W AC 80+ platinum Config 1 Secondary Power SupplyPWR-C1- 1100WAC-P/2 $2,247.48 56.00%$988.89 1 $988.89 North America AC Type A Power CableCAB-TA-NA $0.00 0.00%$0.00 2 $0.00 No SSD Card SelectedC9300-SSD- NONE $0.00 0.00%$0.00 1 $0.00 3M Type 1 Stacking CableSTACK-T1-3M $354.87 56.00%$156.14 1 $156.14 Catalyst Stack Power Cable 150 CM - UpgradeCAB-SPWR- 150CM $118.29 56.00%$52.05 1 $52.05 RUBBER FEET FOR TABLE TOP SETUP 9200 and 93xxC9K-ACC-RBFT $0.00 0.00%$0.00 1 $0.00 12-24 and 10-32 SCREWS FOR RACK INSTALLATION, QTY 4C9K-ACC-SCR-4 $0.00 0.00%$0.00 1 $0.00 1RU CABLE MANAGEMENT GUIDES 9200 and 9300CAB-GUIDE- 1RU $0.00 0.00%$0.00 1 $0.00 Catalyst 9300 8 x 10G/25G Network Module SFP+/SFP28C9300X-NM-8Y $3,016.36 56.00%$1,327.20 1 $1,327.20 CAT9300/9400/9500/9600 UNIVERSALSC9300UK9- 1715 $0.00 0.00%$0.00 1 $0.00 C9300 DNA Essentials, 48-Port Term LicensesC9300-DNA-E- 48 $0.00 0.00%$0.00 1 $0.00 C9300 DNA Essentials, 48-Port, 5 Year Term LicenseC9300-DNA-E- 48-5Y $2,211.99 56.00%$973.28 1 $973.28 C9300 Network Essentials, 48-port licenseC9300-NW-E-48 $0.00 0.00%$0.00 1 $0.00 Network Plug-n-Play Connect for zero-touch device deploymentNETWORK-PNP -LIC $0.00 0.00%$0.00 1 $0.00 Catalyst 9300 48-port mGig UPoE+, Network EssentialsC9300X-48HX-E $17,660.36 56.00%$7,770.56 3 $23,311.68 1100W AC 80+ platinum Config 1 Power SupplyPWR-C1- 1100WAC-P $0.00 0.00%$0.00 3 $0.00 1100W AC 80+ platinum Config 1 Secondary Power SupplyPWR-C1- 1100WAC-P/2 $2,247.48 56.00%$988.89 3 $2,966.67 North America AC Type A Power CableCAB-TA-NA $0.00 0.00%$0.00 6 $0.00 No SSD Card SelectedC9300-SSD- NONE $0.00 0.00%$0.00 3 $0.00 Catalyst Stack Power Cable 150 CM - UpgradeCAB-SPWR- 150CM $118.29 56.00%$52.05 3 $156.15 RUBBER FEET FOR TABLE TOP SETUP 9200 and 93xxC9K-ACC-RBFT $0.00 0.00%$0.00 3 $0.00 12-24 and 10-32 SCREWS FOR RACK INSTALLATION, QTY 4C9K-ACC-SCR-4 $0.00 0.00%$0.00 3 $0.00 1RU CABLE MANAGEMENT GUIDES 9200 and 9300CAB-GUIDE- 1RU $0.00 0.00%$0.00 3 $0.00 1M Type 1 Stacking CableSTACK-T1-1M $236.58 56.00%$104.10 3 $312.30 Catalyst 9300 Network Module Blank ModuleC9300X-NM- BLANK $0.00 0.00%$0.00 3 $0.00 Page: 2 of 8Quote #387748 v1 Hardware/Software List Price Discount Price Qty Ext. Price Catalyst 9300 No-Network Module SelectionC9300X-NM- NONE $0.00 0.00%$0.00 3 $0.00 CAT9300/9400/9500/9600 UNIVERSALSC9300UK9- 1715 $0.00 0.00%$0.00 3 $0.00 C9300 DNA Essentials, 48-Port Term LicensesC9300-DNA-E- 48 $0.00 0.00%$0.00 3 $0.00 C9300 DNA Essentials, 48-Port, 5 Year Term LicenseC9300-DNA-E- 48-5Y $2,211.99 56.00%$973.28 3 $2,919.84 C9300 Network Essentials, 48-port licenseC9300-NW-E-48 $0.00 0.00%$0.00 3 $0.00 Network Plug-n-Play Connect for zero-touch devicedeploymentNETWORK-PNP -LIC $0.00 0.00%$0.00 3 $0.00 Catalyst 9300 48-port mGig UPoE+, Network EssentialsC9300X-48HX-E $17,660.36 56.00%$7,770.56 1 $7,770.56 1100W AC 80+ platinum Config 1 Power SupplyPWR-C1- 1100WAC-P $0.00 0.00%$0.00 1 $0.00 1100W AC 80+ platinum Config 1 Secondary Power SupplyPWR-C1- 1100WAC-P/2 $2,247.48 56.00%$988.89 1 $988.89 North America AC Type A Power CableCAB-TA-NA $0.00 0.00%$0.00 2 $0.00 No SSD Card SelectedC9300-SSD- NONE $0.00 0.00%$0.00 1 $0.00 Catalyst Stack Power Cable 150 CM - UpgradeCAB-SPWR- 150CM $118.29 56.00%$52.05 1 $52.05 RUBBER FEET FOR TABLE TOP SETUP 9200 and 93xxC9K-ACC-RBFT $0.00 0.00%$0.00 1 $0.00 12-24 and 10-32 SCREWS FOR RACK INSTALLATION, QTY 4C9K-ACC-SCR-4 $0.00 0.00%$0.00 1 $0.00 1RU CABLE MANAGEMENT GUIDES 9200 and 9300CAB-GUIDE- 1RU $0.00 0.00%$0.00 1 $0.00 Catalyst 9300 8 x 10G/25G Network Module SFP+/SFP28C9300X-NM-8Y $3,016.36 56.00%$1,327.20 1 $1,327.20 1M Type 1 Stacking CableSTACK-T1-1M $236.58 56.00%$104.10 1 $104.10 CAT9300/9400/9500/9600 UNIVERSALSC9300UK9- 1715 $0.00 0.00%$0.00 1 $0.00 C9300 DNA Essentials, 48-Port Term LicensesC9300-DNA-E- 48 $0.00 0.00%$0.00 1 $0.00 C9300 DNA Essentials, 48-Port, 5 Year Term LicenseC9300-DNA-E- 48-5Y $2,211.99 56.00%$973.28 1 $973.28 C9300 Network Essentials, 48-port licenseC9300-NW-E-48 $0.00 0.00%$0.00 1 $0.00 Network Plug-n-Play Connect for zero-touch device deploymentNETWORK-PNP -LIC $0.00 0.00%$0.00 1 $0.00 Fire Station 1 Catalyst 9300L Mini 48p 8mGig NW-E, 4x 25G UplinkC9300LM-48UX- 4Y-E $16,536.27 56.00%$7,275.96 1 $7,275.96 1KW AC Config 6 Power SupplyPWR-C6- 1KWAC $0.00 0.00%$0.00 1 $0.00 Page: 3 of 8Quote #387748 v1 Hardware/Software List Price Discount Price Qty Ext. Price 1KW AC Config 6 Power Supply - Secondary Power SupplyPWR-C6- 1KWAC/2 $2,539.91 56.00%$1,117.56 1 $1,117.56 North America AC Type A Power CableCAB-TA-NA $0.00 0.00%$0.00 2 $0.00 RUBBER FEET FOR TABLE TOP SETUP 9200 and 93xxC9K-ACC-RBFT $0.00 0.00%$0.00 1 $0.00 12-24 and 10-32 SCREWS FOR RACK INSTALLATION, QTY 4C9K-ACC-SCR-4 $0.00 0.00%$0.00 1 $0.00 1RU CABLE MANAGEMENT GUIDES 9200 and 9300CAB-GUIDE- 1RU $0.00 0.00%$0.00 1 $0.00 No SSD Card SelectedC9300L-SSD- NONE $0.00 0.00%$0.00 1 $0.00 Cisco Catalyst 9300L and 9300LM Stacking KitC9300L-STACK- KIT2 $1,543.68 56.00%$679.22 1 $679.22 Catalyst 9300L & 9300LM Stack ModuleC9300L-STACK- A $0.00 0.00%$0.00 2 $0.00 C9300L & C9300LM 3M Type 3A Stacking CableSTACK-T3A-3M $354.87 56.00%$156.14 1 $156.14 CAT9300/9400/9500/9600 UNIVERSALS9300LUK9- 1715 $0.00 0.00%$0.00 1 $0.00 C9300L Cisco DNA Essentials, 48-port licenseC9300L-DNA-E- 48 $0.00 0.00%$0.00 1 $0.00 C9300L Cisco DNA Essentials, 48-port, 5 Year Term licenseC9300L-DNA-E- 48-5Y $2,211.99 56.00%$973.28 1 $973.28 C9300L Network Essentials, 48-port licenseC9300L-NW-E- 48 $0.00 0.00%$0.00 1 $0.00 Network Plug-n-Play Connect for zero-touch device deploymentNETWORK-PNP -LIC $0.00 0.00%$0.00 1 $0.00 Catalyst 9300L Mini 48p 8mGig NW-E, 4x 25G UplinkC9300LM-48UX- 4Y-E $16,536.27 56.00%$7,275.96 1 $7,275.96 1KW AC Config 6 Power SupplyPWR-C6- 1KWAC $0.00 0.00%$0.00 1 $0.00 1KW AC Config 6 Power Supply - Secondary Power SupplyPWR-C6- 1KWAC/2 $2,539.91 56.00%$1,117.56 1 $1,117.56 North America AC Type A Power CableCAB-TA-NA $0.00 0.00%$0.00 2 $0.00 RUBBER FEET FOR TABLE TOP SETUP 9200 and 93xxC9K-ACC-RBFT $0.00 0.00%$0.00 1 $0.00 12-24 and 10-32 SCREWS FOR RACK INSTALLATION, QTY 4C9K-ACC-SCR-4 $0.00 0.00%$0.00 1 $0.00 1RU CABLE MANAGEMENT GUIDES 9200 and 9300CAB-GUIDE- 1RU $0.00 0.00%$0.00 1 $0.00 No SSD Card SelectedC9300L-SSD- NONE $0.00 0.00%$0.00 1 $0.00 Cisco Catalyst 9300L and 9300LM Stacking KitC9300L-STACK- KIT2 $1,543.68 56.00%$679.22 1 $679.22 Catalyst 9300L & 9300LM Stack ModuleC9300L-STACK- A $0.00 0.00%$0.00 2 $0.00 Page: 4 of 8Quote #387748 v1 Hardware/Software List Price Discount Price Qty Ext. Price C9300L & C9300LM 1M Type 3A Stacking CableSTACK-T3A-1M $236.58 56.00%$104.10 1 $104.10 CAT9300/9400/9500/9600 UNIVERSALS9300LUK9- 1715 $0.00 0.00%$0.00 1 $0.00 C9300L Cisco DNA Essentials, 48-port licenseC9300L-DNA-E- 48 $0.00 0.00%$0.00 1 $0.00 C9300L Cisco DNA Essentials, 48-port, 5 Year Term licenseC9300L-DNA-E- 48-5Y $2,211.99 56.00%$973.28 1 $973.28 C9300L Network Essentials, 48-port licenseC9300L-NW-E- 48 $0.00 0.00%$0.00 1 $0.00 Network Plug-n-Play Connect for zero-touch devicedeploymentNETWORK-PNP -LIC $0.00 0.00%$0.00 1 $0.00 Liquor Store 1 Catalyst 9300L Mini 48p 8mGig NW-E, 4x 25G UplinkC9300LM-48UX- 4Y-E $16,536.27 56.00%$7,275.96 1 $7,275.96 Catalyst 9300L Blank Stack ModuleC9300L-STACK- BLANK $0.00 0.00%$0.00 2 $0.00 1KW AC Config 6 Power SupplyPWR-C6- 1KWAC $0.00 0.00%$0.00 1 $0.00 1KW AC Config 6 Power Supply - Secondary Power SupplyPWR-C6- 1KWAC/2 $2,539.91 56.00%$1,117.56 1 $1,117.56 North America AC Type A Power CableCAB-TA-NA $0.00 0.00%$0.00 2 $0.00 RUBBER FEET FOR TABLE TOP SETUP 9200 and 93xxC9K-ACC-RBFT $0.00 0.00%$0.00 1 $0.00 12-24 and 10-32 SCREWS FOR RACK INSTALLATION,QTY 4C9K-ACC-SCR-4 $0.00 0.00%$0.00 1 $0.00 1RU CABLE MANAGEMENT GUIDES 9200 and 9300CAB-GUIDE- 1RU $0.00 0.00%$0.00 1 $0.00 No SSD Card SelectedC9300L-SSD- NONE $0.00 0.00%$0.00 1 $0.00 CAT9300/9400/9500/9600 UNIVERSALS9300LUK9- 1715 $0.00 0.00%$0.00 1 $0.00 C9300L Cisco DNA Essentials, 48-port licenseC9300L-DNA-E- 48 $0.00 0.00%$0.00 1 $0.00 C9300L Cisco DNA Essentials, 48-port, 5 Year Term licenseC9300L-DNA-E- 48-5Y $2,211.99 56.00%$973.28 1 $973.28 C9300L Network Essentials, 48-port licenseC9300L-NW-E- 48 $0.00 0.00%$0.00 1 $0.00 Network Plug-n-Play Connect for zero-touch device deploymentNETWORK-PNP -LIC $0.00 0.00%$0.00 1 $0.00 Center Mall Catalyst 9300 48-port mGig UPoE+, Network EssentialsC9300X-48HX-E $17,660.36 56.00%$7,770.56 1 $7,770.56 1100W AC 80+ platinum Config 1 Power SupplyPWR-C1- 1100WAC-P $0.00 0.00%$0.00 1 $0.00 Page: 5 of 8Quote #387748 v1 Hardware/Software List Price Discount Price Qty Ext. Price 1100W AC 80+ platinum Config 1 Secondary Power SupplyPWR-C1- 1100WAC-P/2 $2,247.48 56.00%$988.89 1 $988.89 North America AC Type A Power CableCAB-TA-NA $0.00 0.00%$0.00 2 $0.00 No SSD Card SelectedC9300-SSD- NONE $0.00 0.00%$0.00 1 $0.00 No Stack Cable SelectedC9300-STACK- NONE $0.00 0.00%$0.00 1 $0.00 No Stack Power Cable SelectedC9300-SPWR- NONE $0.00 0.00%$0.00 1 $0.00 RUBBER FEET FOR TABLE TOP SETUP 9200 and 93xxC9K-ACC-RBFT $0.00 0.00%$0.00 1 $0.00 12-24 and 10-32 SCREWS FOR RACK INSTALLATION, QTY 4C9K-ACC-SCR-4 $0.00 0.00%$0.00 1 $0.00 1RU CABLE MANAGEMENT GUIDES 9200 and 9300CAB-GUIDE- 1RU $0.00 0.00%$0.00 1 $0.00 Catalyst 9300 8 x 10G/25G Network Module SFP+/SFP28C9300X-NM-8Y $3,016.36 56.00%$1,327.20 1 $1,327.20 CAT9300/9400/9500/9600 UNIVERSALSC9300UK9- 1715 $0.00 0.00%$0.00 1 $0.00 C9300 DNA Essentials, 48-Port Term LicensesC9300-DNA-E- 48 $0.00 0.00%$0.00 1 $0.00 C9300 DNA Essentials, 48-Port, 5 Year Term LicenseC9300-DNA-E- 48-5Y $2,211.99 56.00%$973.28 1 $973.28 C9300 Network Essentials, 48-port licenseC9300-NW-E-48 $0.00 0.00%$0.00 1 $0.00 Network Plug-n-Play Connect for zero-touch device deploymentNETWORK-PNP -LIC $0.00 0.00%$0.00 1 $0.00 Catalyst 9300 48-port mGig UPoE+, Network EssentialsC9300X-48HX-E $17,660.36 56.00%$7,770.56 1 $7,770.56 1100W AC 80+ platinum Config 1 Power SupplyPWR-C1- 1100WAC-P $0.00 0.00%$0.00 1 $0.00 1100W AC 80+ platinum Config 1 Secondary Power SupplyPWR-C1- 1100WAC-P/2 $2,247.48 56.00%$988.89 1 $988.89 North America AC Type A Power CableCAB-TA-NA $0.00 0.00%$0.00 2 $0.00 No SSD Card SelectedC9300-SSD- NONE $0.00 0.00%$0.00 1 $0.00 No Stack Cable SelectedC9300-STACK- NONE $0.00 0.00%$0.00 1 $0.00 No Stack Power Cable SelectedC9300-SPWR- NONE $0.00 0.00%$0.00 1 $0.00 RUBBER FEET FOR TABLE TOP SETUP 9200 and 93xxC9K-ACC-RBFT $0.00 0.00%$0.00 1 $0.00 12-24 and 10-32 SCREWS FOR RACK INSTALLATION, QTY 4C9K-ACC-SCR-4 $0.00 0.00%$0.00 1 $0.00 1RU CABLE MANAGEMENT GUIDES 9200 and 9300CAB-GUIDE- 1RU $0.00 0.00%$0.00 1 $0.00 Catalyst 9300 8 x 10G/25G Network Module SFP+/SFP28C9300X-NM-8Y $3,016.36 56.00%$1,327.20 1 $1,327.20 Page: 6 of 8Quote #387748 v1 Hardware/Software List Price Discount Price Qty Ext. Price CAT9300/9400/9500/9600 UNIVERSALSC9300UK9- 1715 $0.00 0.00%$0.00 1 $0.00 C9300 DNA Essentials, 48-Port Term LicensesC9300-DNA-E- 48 $0.00 0.00%$0.00 1 $0.00 C9300 DNA Essentials, 48-Port, 5 Year Term LicenseC9300-DNA-E- 48-5Y $2,211.99 56.00%$973.28 1 $973.28 C9300 Network Essentials, 48-port licenseC9300-NW-E-48 $0.00 0.00%$0.00 1 $0.00 Network Plug-n-Play Connect for zero-touch device deploymentNETWORK-PNP -LIC $0.00 0.00%$0.00 1 $0.00 Outdoor Center Catalyst 9000 Compact Switch 8-Port UPoE with 4xmGig,240W,EC9200CX-8UXG -2X-E $3,437.10 56.00%$1,512.32 1 $1,512.32 North America AC Type A Power CableCAB-TA-NA $0.00 0.00%$0.00 1 $0.00 Power Retainer Clip for 9200CX Compact SwitchC9K-CMPCT- PWR-CLP $29.58 55.98%$13.02 1 $13.02 Cisco Catalyst 9200CX XE UNIVERSALSCAT9200CXU K9-1715 $0.00 0.00%$0.00 1 $0.00 C9200CX Cisco DNA Essentials, 8-Port Term LicensesC9200CX-DNA- E-8 $0.00 0.00%$0.00 1 $0.00 C9200CX Cisco DNA Essentials, 5Y Term License, 8PC9200CX- DNAE8-5Y $602.00 56.00%$264.88 1 $264.88 C9200CX Network Essentials, 8-port licenseC9200CX-NW-E- 8 $0.00 0.00%$0.00 1 $0.00 Network Plug-n-Play Connect for zero-touch device deploymentNETWORK-PNP -LIC $0.00 0.00%$0.00 1 $0.00 Subtotal $153,136.47 Public Contract Vehicles Cisco - #260552 - MN SR-0012513 Discount off List = 52.54% Non-Returnable/Non-Refundable Language Cisco/Meraki Note: All new Cisco and Meraki orders submitted for hardware, and any attached software, will be non-cancellable and cannot be modified starting 45 days prior to the current estimated ship date. Meraki license-only orders are not impacted by this policy change. Non-cancellable orders are not eligible for RMA credit and are not eligible for an RMA exception. Quote Summary Amount Hardware/Software $153,136.47 Total:$153,136.47 This Quote does not include any federal or state prevailing wage rates, unless specifically noted. If this project requires compliance with any federal or state prevailing wage laws, the customer must immediatelynotify Heartland in writing prior to acceptance so that Heartland can provide an updated Quote. Any modifications made after the project commencement will result in additional charges and delays. Page: 7 of 8Quote #387748 v1 This quote may not include applicable sales tax, telecommunications taxes, shipping, handling, and delivery charges. Final applicable sales tax, telecommunications taxes, shipping, handling, and delivery charges are calculated and applied at invoice. The above prices are for hardware/software only, and do not include delivery, setup or installation by Heartland (“HBS”) unless otherwise noted. Installation by HBS is available at our regular hourly rates, or pursuant to a prepaid HBSFlex Agreement. This configuration is presented for convenience only. HBS is not responsible for typographical or other errors/omissions regarding prices or otherinformation. Prices and configurations are subject to change without notice. HBS may modify or cancel this quote if the pricing is impacted by a tariff. A 20% restocking fee will be charged on any returned part.Customer is responsible for all costs associated with return of product and a $25.00 processing fee. No returns, cancellations or order changes are accepted by HBS without prior written approval. This quote and anyattached agreement are not subject to termination without cause or for convenience. This quote expressly limits acceptance to the terms of this quote, and HBS disclaims any additional terms. Customer may issue apurchase order for administrative purposes only. By providing your “E-Signature,” you acknowledge that your electronic signature is the legal equivalent of your manual signature, and you warrant that you haveexpress authority to execute this agreement and legally bind your organization to this proposal and all attached documents. Any purchase that the customer makes from HBS is governed by HBS’ Standard Terms andConditions (“ST&Cs”) located at http://www.hbs.net/standard-terms-and-conditions, which are incorporated herein by reference. The ST&Cs are subject to change. When a new order is placed, the ST&Cs on the above-stated website at that time shall apply. If customer has signed HBS’ ST&Cs version 2022.v1.0 or later, or the parties have executed a current master services agreement, the signed agreement shall control over any conflicting terms in the version on the website. If a current master services agreement does not cover the purchase of products, the ST&Cs located on the website shall govern the purchase of products. Certain purchases also require customer to be bound by end user terms and conditions. A list of end user terms and conditions related to various manufacturers and vendors is set forth at https://www.hbs.net/End-User- Agreements. Any purchase that customer makes is also governed by the applicable end user terms and conditions, which are incorporated herein by reference. If customer has questions about whether end userterms and conditions apply to a purchase, customer shall contact HBS. Any order(s) that exceeds the credit limit assigned by HBS shall require upfront payment from customer in an amount determined by HBS. HBSshall make this determination at the time of the order, unless customer has previously submitted the required onboarding paperwork. In such event, HBS shall make this determination at the time of quoting. Customershall ensure that all invoices are timely paid as stated in Section 2 of the ST&Cs, regardless of whether Customer has a financing or leasing company or other third-party issue the purchase order. In the event that athird-party issues the purchase order, Customer shall be required to sign this Quote for purposes of approving the order. QT.2025.v1.0 Acceptance Minneapolis Area Office LOGIS Luke Possis Signature / Name Signature / Name Initials 09/29/2025 Date Date Page: 8 of 8Quote #387748 v1 City Council Agenda Cover Memo Date: Oct. 7, 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 319672 - 319728 Checks 5001936 - 5002403 Wire Transfers 11782 - 11856 ATTACHMENTS Check Register Check Summary City of Eden Prairie Council Check Summary 10/7/2025 Divison Amount Division Amount 000 General 254,523 314 Special Investigations 56 100 City Manager -4,895 315 Economic Development 61,451 101 Legislative 3,801 509 CIP Fund 68,567 102 Legal Counsel 23,696 513 CIP Pavement Management 2,589,245 110 City Clerk 252 526 Transportation Fund 32,907 111 Customer Service 2,252 543 Police Remodel 10,162 113 Communications 775 544 Shady Oak (FCD to Valley View) 26,081 114 Benefits & Training 8,924 Total Capital Projects Fund 2,788,469 131 Finance 882 132 Housing and Community Services 21 601 Prairie Village Liquor 146,700 133 Planning 270 602 Den Road Liquor 258,949 136 Public Safety Communications 6,278 603 Prairie View Liquor 169,415 150 Park Administration 430 605 Den Road Building 3,515 151 Park Maintenance 42,905 701 Water Enterprise Fund 745,807 154 Community Center 30,548 702 Wastewater Enterprise Fund 782,446 155 Beaches 82 703 Stormwater Enterprise Fund 433,685 156 Youth Programs 21,069 Total Enterprise Fund 2,540,517 157 Special Events 5,983 158 Senior Center 6,847 SAC 489,545 159 Recreation Administration 5,642 316 WAFTA 33 162 Arts 2,908 802 494 Commuter Services 64,363 163 Outdoor Center 537 807 Benefits Fund 1,731,128 168 Art Center 4,884 809 Investment Fund 5,128 180 Police Sworn 32,032 811 Property Insurance 4,457 184 Fire 41,790 812 Fleet Internal Service 211,066 186 Inspections 4,762 813 IT Internal Service 220,400 200 Engineering 8,840 815 Facilities Operating ISF 77,863 201 Street Maintenance 27,874 816 Facilities City Center ISF 39,516 202 Street Lighting 1,112 817 Facilities Comm. Center ISF 101,476 Total General Fund 535,024 818 Dental Insurance 24,324 820 Fencing Consortium 225 301 CDBG 16,575 807 Benefits Fund 25,527 303 Cemetery Operation 1,448 Total Internal Svc/Agency Funds 2,995,052 312 Recycle Rebate 6,480 321 Opioid Settlement 2,000 322 Local Affordable Housing Aid 32,422 Report Total 8,917,991 804 100 Year History 4 Total Special Revenue Fund 58,929 City of Eden Prairie Council Check Register 10/07/25 Amount Vendor Name Account Description Business Unit Comments2,537,795 BITUMINOUS ROADWAYS INC Pavement Rehab Streets Pavement 2025 Pavement Rehab Project 696,600 KOENIG & SONS EQUIPMENT INC Autos Wastewater Capital Mud Dog HydroExcavator 761 Purchase 484,650 METROPOLITAN COUNCIL Due to Other Governments SAC Aug25 SAC Charges 396,352 METROPOLITAN COUNCIL MCES User Fee Wastewater Wastewater Svc Fee Oct 2025 395,503 HEALTHPARTNERS Insurance Health & Benefits SEPT25 PREMIUMS 342,104 UKG INC Payroll Taxes Health & Benefits Payroll Taxes PR Ending 09.05.25 327,158 UKG INC Payroll Taxes Health & Benefits Payroll Taxes PR Ending 09.19.25 317,939 METERING & TECHNOLOGY SOLUTIONS Capital Under $25,000 Water Capital Water Meter Assemblies Asst Sizes 245,173 PUBLIC EMPLOYEES RETIREMENT ASSOCIATION PERA Health & Benefits PERA PR Ending 09.05.25 238,499 PUBLIC EMPLOYEES RETIREMENT ASSOCIATION PERA Health & Benefits PERA PR Ending 08.22.25 187,500 GRACE CHURCH Deposits General Fund Return of Land Alteration Escrow 183,646 PREFERRED COMMUNICATIONS Hardware Maintenance IT Capital Police squad laptop replacements Getac A140 G2 2025 181,264 MINNESOTA DEPT OF REVENUE Sales Tax Payable Various Funds Sales Tax - August 2025 155,386 XCEL ENERGY Electric Various Funds Multi-premise Electric 83,114 ADVANCED ENGINEERING & ENVIROMENTAL SERV Design & Engineering Water Capital 49,600 LANO EQUIPMENT INC Machinery & Equipment Fleet - Park & Rec 48,796 JOHNSON BROTHERS LIQUOR CO Liquor Product Received Liquor Funds 44,684 SRF CONSULTING GROUP INC Design & Engineering Shady Oak (FCD to Valley View) 38,109 NORTH COUNTRY CHEVROLET Autos Fleet - Police 36,674 HULS BROKERAGE INC Lime Residual Removal Water Treatment 36,024 BITUMINOUS ROADWAYS INC OCS - Other Contracted Services Capital Maint. & Reinvestment 34,041 HAMMER COMMUNITY SOLAR LLC Electric Facilities Operating ISF 33,778 VOYA Deferred Compensation Health & Benefits 33,558 VOYA Deferred Compensation Health & Benefits 32,472 DIVERSE BUILDING MAINTENANCE Janitor Service Various Funds 31,348 ICMA RETIREMENT TRUST-457 Deferred Compensation Health & Benefits 29,060 MANSFIELD OIL COMPANY Motor Fuels Fleet Operating 28,576 WSB & ASSOCIATES INC OCS - Other Contracted Services Capital Maint. & Reinvestment 27,005 BREAKTHRU BEVERAGE MN BEER LLC Liquor Product Received Liquor Funds 26,798 6285 DUCK LAKE LLC Deposits General Fund 25,507 GREGERSON ROSOW JOHNSON & NILAN LTD Legal Legal 25,000 PINNACLE DESIGN & REMODELING LLC OCS - Other Contracted Services Various Funds 24,839 HYDROCORP Improvement Contracts Water Capital 24,584 GUARDIAN FLEET SAFETY LLC Autos Fleet - Police 24,189 EXCEL LAWN & LANDSCAPE OCS - Lawn Maintenance Various Funds 24,085 INNOVATIVE HIGH PERFORMANCE COATINGS LLC OCS - Equipment / Vehicles Wastewater Collection 23,918 BKJ LAND COMPANY Improvement Contracts Stormwater Capital 23,827 JOHNSON BROTHERS LIQUOR CO Liquor Product Received Liquor Funds 23,814 GRAYMONT Chemicals Water Treatment 23,811 GRAYMONT Chemicals Water Treatment 23,713 WINDOW WORLD TWIN CITIES OCS - Other Contracted Services Various Funds 23,393 SOUTHERN GLAZER'S WINE AND SPIRITS OF MN Liquor Product Received Liquor Funds 23,274 NCR PAYMENT SOLUTIONS,PA, LLC Credit Card/Bank Fees Liquor Funds 21,560 BREAKTHRU BEVERAGE MN BEER LLC Liquor Product Received Liquor Funds 21,130 BRAUN INTERTEC CORPORATION Testing CIP Pavement Management 20,379 ICMA RETIREMENT TRUST-457 Deferred Compensation Health & Benefits 20,101 JOHNSON BROTHERS LIQUOR CO Liquor Product Received Liquor Funds 19,412 CARD CONNECT Credit Card/Bank Fees Various Funds 19,096 H & L MESABI Equipment Parts Fleet Operating 18,978 WEX Health Savings Account Health & Benefits 18,611 WEX Health Savings Account Health & Benefits 18,339 SOUTHERN GLAZER'S WINE AND SPIRITS OF MN Liquor Product Received Liquor Funds 18,051 GRI EDEN PRAIRIE, LLC Rent Prairie Village Liquor 17,406 U.S. BANK - I-494 PURCH. CARD Various Accounts 494 Corridor Commission 17,351 ADVANCED ENGINEERING & ENVIROMENTAL SERV Design & Engineering Water Capital Amount Vendor Name Account Description Business Unit Comments17,055 PRAIRIEVIEW RETAIL LLC Rent Prairie View Liquor 16,851 CENTERPOINT ENERGY Gas Various Funds 16,608 SOUTHERN GLAZER'S WINE AND SPIRITS OF MN Liquor Product Received Liquor Funds 16,353 PHILLIPS WINE AND SPIRITS INC Liquor Product Received Liquor Funds 15,721 GRAYMONT Chemicals Water Treatment 15,612 PAYCHEX Wages & Benefits 494 Corridor Commission 15,612 PAYCHEX Wages & Benefits 494 Corridor Commission 15,537 SUREFITTERS Autos Fleet - Storm Water 14,819 HAWKINS INC Chemicals Water Treatment 14,500 MINNESOTA LAKES REMODELING INC OCS - Other Contracted Services Various Funds 14,254 CORNERHOUSE OCS - Other Contracted Services Police Sworn 14,081 ST CROIX ENVIRONMENTAL INC OCS - Other Contracted Services Water Supply (Wells) 13,467 CEMSTONE PRODUCTS COMPANY Pavement Rehab Streets Pavement 12,896 ESS BROTHERS & SONS INC Pavement Rehab Wastewater Collection 11,659 CAPITOL BEVERAGE SALES LP Liquor Product Received Liquor Funds 11,628 CLAREY'S SAFETY EQUIPMENT Equipment Testing/Cert.Fire 11,182 XCEL ENERGY Electric Various Funds 10,601 BREAKTHRU BEVERAGE MN BEER LLC Liquor Product Received Liquor Funds 10,571 CAPITOL BEVERAGE SALES LP Liquor Product Received Liquor Funds 10,392 MINNESOTA LIFE INSURANCE COMPANY Insurance Health & Benefits 10,350 SOCCER SHOTS Instructor Service Recreational Sports 10,240 CHASE Credit Card/Bank Fees Various Funds 10,164 BIFFS INC Waste Disposal Park Maintenance 10,162 EHLERS & ASSOCIATES INC Financial Fees Police Remodel 10,161 CEMSTONE PRODUCTS COMPANY Pavement Rehab Streets Pavement 9,200 SCOTT COUNTY 9,080 BPAS 8,918 GYM WORKS 8,821 DG CENTRAL 1 LLC 8,820 CELLEBRITE USA CORP 8,370 THE HOME DEPOT 8,217 PAUSTIS & SONS COMPANY 8,196 STREICHERS 8,170 HAMMER COMMUNITY SOLAR LLC 8,099 HEALTHPARTNERS 7,998 INTEGRITY REMODELING & DESIGN GROUP LLC 7,957 CAPITOL BEVERAGE SALES LP 7,500 THE HOME DEPOT 7,356 VOSON PLUMBING 7,107 DAKOTA SUPPLY GROUP INC 7,051 GUNNER INSULATION & ROOFING 7,000 CHARGEPOINT 6,988 HOHENSTEINS INC 6,926 PHILLIPS WINE AND SPIRITS INC 6,805 MANSFIELD OIL COMPANY 6,797 HINTERLAND CSG LLC 6,709 LHB INC 6,708 RON'S CABINETS INC 6,490 SAMBATEK INC 6,480 CERTIFIED APPLIANCE RECYCLING 6,330 MINNESOTA ROADWAYS CO 6,322 ARTISAN BEER COMPANY 6,311 STANTEC CONSULTING SERVICES INC 6,260 ERICKSON ENGINEERING COMPANY LLC 6,121 MACQUEEN EQUIPMENT INC 6,087 PHILLIPS WINE AND SPIRITS INC 6,078 SHADYWOOD TREE EXPERTS 6,074 WARNING LITES 5,953 BREAKTHRU BEVERAGE MN WINE & SPIRITS Amount Vendor Name Account Description Business Unit Comments5,875 HEALTHPARTNERS 5,754 LOGIS 5,722 HEALTHPARTNERS 5,634 ASCENTEK, INC 5,564 ARTISAN BEER COMPANY 5,437 FIRSTSERVICE RESIDENTIAL 5,368 SOBANIA COMMUNITY SOLAR 5,363 ST. LOUIS PARK, CITY OF 5,334 VERIZON WIRELESS 5,275 ANCOM COMMUNICATIONS INC 5,240 PAUSTIS & SONS COMPANY 5,140 MINNESOTA STATE UNIVESITY 5,128 PFM ASSET MANAGEMENT LLC 5,097 ZIEGLER INC 5,093 LAW ENFORCEMENT LABOR SERVICES INC. 5,069 MADISON NATIONAL LIFE INSURANCE CO INC 5,000 RAY N WELTER HEATING 4,882 SSI ABS-2025-1 PROJECT HOLDINGS LLC 4,639 BREAKTHRU BEVERAGE MN WINE & SPIRITS 4,464 HEALTHPARTNERS 4,457 LEAGUE MN CITIES INS TRUST 4,391 MINNESOTA CLAY CO. USA 4,161 BRYAN ROCK PRODUCTS INC 4,136 WINE MERCHANTS INC 4,132 IMPACT PROVEN SOLUTIONS 4,059 RITA RADEMACHER 3,962 INVOICE CLOUD INC 3,933 HEALTHPARTNERS 3,867 POMP'S TIRE SERVICE INC 3,773 HOHENSTEINS INC 3,674 SYMETRA LIFE INSURANCE COMPANY 3,666 CRANE ENGINEERING SALES LLC 3,600 WEX 3,600 MAS SERVICES LLC 3,547 MARTIN MARIETTA MATERIALS 3,500 AQUA LOGIC INC 3,457 ARTISAN BEER COMPANY 3,409 MANSFIELD OIL COMPANY 3,400 T-MOBILE 3,369 WM CORPORATE SERVICES INC 3,333 LOCKRIDGE GRINDAL NAUEN PLLP 3,274 HOHENSTEINS INC 3,263 VINOCOPIA 3,245 AIRGAS USA LLC 3,237 SUBURBAN RATE AUTHORITY 3,128 BREAKTHRU BEVERAGE MN WINE & SPIRITS 3,110 H M CRAGG CO 3,032 WOLD ARCHITECTS AND ENGINEERS 3,000 PLAN IT SOFTWARE LLC 2,991 WINE MERCHANTS INC 2,921 FIRE SAFETY USA INC 2,899 MOBOTREX INC 2,886 ASSURED SECURITY 2,871 VAN PAPER COMPANY 2,866 BELLBOY CORPORATION 2,855 MARTIN MARIETTA MATERIALS 2,799 MARTIN MARIETTA MATERIALS 2,753 REVOLUTIONARY SPORTS, LLC 2,720 MRPA Amount Vendor Name Account Description Business Unit Comments2,668 MINNESOTA DEPARTMENT OF EMPLOYMENT 2,656 PRESCRIPTION LANDSCAPE 2,610 EPPIA 2,604 ADESA MPLS 2,600 MTI DISTRIBUTING INC 2,596 EARL F ANDERSON 2,566 GRAINGER 2,561 H2I GROUP 2,559 SHORT ELLIOTT HENDRICKSON INC 2,537 USA SECURITY 2,500 AMERICAN TEST CENTER INC 2,439 ARVIG 2,400 FUN ENGINEERZ LLC 2,400 CASTREJON INCORPORATED 2,349 SPORTS UNLIMITED 2,346 MINNESOTA ROADWAYS CO 2,295 ACOUSTICS ASSOCIATES INC 2,272 LEGACY GYMNASTICS 2,271 PERA 2,271 PERA 2,271 WINE COMPANY, THE 2,248 CLEAR RIVER BEVERAGE CO 2,229 CENTERPOINT ENERGY 2,208 MEDICINE LAKE TOURS 2,123 ERICKSON ENGINEERING COMPANY LLC 2,074 DAKOTA SUPPLY GROUP INC 2,071 VESTIS SERVICES LLC 2,038 NAC MECHANICAL AND ELETRICAL SERVICES 2,019 BELLBOY CORPORATION 2,007 WEX 2,000 THE RETREAT 1,989 LAKE COUNTRY DOOR LLC 1,965 PETERSON COUNSELING AND CONSULTING LLC 1,951 FLYING CLOUD TRANSFER STATION 4553 1,951 REPUBLIC SERVICES #894 1,944 MN DEPT OF TRANSPORTATION 1,937 RIVER'S EDGE CONCRETE, LLC 1,916 BCM ONE 1,900 WEX 1,858 CLEAR RIVER BEVERAGE CO 1,850 WAYNES HOME SERVICES 1,760 GLACIAL RIDGE GROWERS 1,720 ADVANTAGE PROPERTY MAINTENANCE INC 1,632 THE ADVENT GROUP 1,615 BOUND TREE MEDICAL LLC 1,612 FIDELITY SECURITY LIFE INSURANCE CO 1,600 STREICHERS 1,584 CLEAR RIVER BEVERAGE CO 1,556 WM MUELLER AND SONS INC 1,529 MEGA BEER 1,524 LYNDALE PLANT SERVICES 1,515 EMERALD ELEMENTS 1,507 ASCENTEK, INC 1,500 SCOTT NELSON COACHING INC 1,500 AMERICAN ENVIRONMENTAL LLC 1,492 PAUSTIS & SONS COMPANY 1,488 CONSERVATION CORPS MINNESOTA & IOWA 1,467 METRO SALES INCORPORATED* 1,457 MASTER CRAFT LABELS INC Amount Vendor Name Account Description Business Unit Comments1,453 ARCHETYPE SIGNS 1,440 YORKTOWN OFFICES 1,418 GOPHER STATE ONE-CALL 1,405 EMERALD ELEMENTS 1,403 PRECISE MRM LLC 1,385 WEX 1,363 BELLBOY CORPORATION 1,353 SUMMER LAKES BEVERAGE LLC 1,328 MAVERICK WINE LLC 1,328 T-MOBILE 1,293 HACH COMPANY 1,247 CEMSTONE PRODUCTS COMPANY 1,245 BUSCH BROTHERS MACHINING 1,230 SITEONE LANDSCAPE SUPPLY, LLC 1,208 UKG INC 1,208 UKG INC 1,198 UNITED RENTALS (NORTH AMERICA) INC 1,181 NOTHING BUT HEMP 1,170 SHADYWOOD TREE EXPERTS 1,129 PRAIRIE ELECTRIC COMPANY 1,129 FASTENAL COMPANY 1,112 LUPULIN BREWING COMPANY 1,105 COREMARK METALS 1,100 CORE & MAIN 1,092 GREAT LAKES COCA-COLA DISTRIBUTION 1,072 JSW EMBROIDERY & TACKLE TWILL 1,050 AMERICAN EXPRESS 1,023 CDW GOVERNMENT INC. 1,023 MTI DISTRIBUTING INC 1,000 DIETHELM, TAMMY L 992 METRO SALES INCORPORATED* 987 CINTAS CORPORATION 961 ASPEN MILLS 958 WEX 937 WEX 926 PITNEY BOWES 920 GEE TEEZ & COMPANY LTD 913 GUNNER INSULATION & ROOFING 906 WINSUPPLY EDEN PRAIRIE MN CO 893 INTERNATIONAL UNION OF OPERATING 890 ASCAP 884 FASTENAL COMPANY 855 VENN BREWING COMPANY 847 LLOYDS CONSTRUCTION 847 SCHLOMKA SERVICES LLC 847 BRYAN ROCK PRODUCTS INC 840 ASPEN MILLS 840 TWIN CITY SEED CO 833 LEXISNEXIS RISK SOLUTIONS FL INC 815 MENARDS 809 STAPLES ADVANTAGE 795 DOMACE VINO LLC 784 MVP CRICKET LLC 782 WINEBOW 782 SITEONE LANDSCAPE SUPPLY, LLC 780 BOURGET IMPORTS 780 DRAMATISTS PLAY SERVICE INC 774 BACK CHANNEL BREWING COLLECTIVE LLC 761 VOYA Amount Vendor Name Account Description Business Unit Comments760GLOBAL RESERVE LLC 755 MACQUEEN EQUIPMENT INC 750 NORTHERN HOME SEAL & PRODUCTS 735 WEX 726 SYSCO WESTERN MINNESOTA 720 URBAN GROWLER BREWING COMPANY LLC 717 GRAINGER 714 MENARDS 706 BARREL THEORY BEER COMPANY 694 PRAIRIE ELECTRIC COMPANY 687 THE ADVENT GROUP 685 SRF CONSULTING GROUP INC 676 SYSCO WESTERN MINNESOTA 661 FASTSIGNS 661 AIRGAS USA LLC 658 WEX 650 LEAST SERVICES COUNSELING 647 ASPEN WASTE SYSTEMS INC. 643 PRYES BREWING COMPANY 637 SERGEI KRIVTSOV 637 INSIGHT BREWING COMPANY LLC 629 PAFFY'S PEST CONTROL 625 MENARDS 624 PMA FINANCIAL NETWORK INC 620 MINNESOTA DEPT OF REVENUE 612 DOMACE VINO LLC 581 CONCRETE CUTTING AND CORING 569 VESTIS SERVICES LLC 558 STEEL TOE BREWING LLC 547 KELE INC 546 SOCIABLE CIDER WERKS LLC 543 THE OASIS GROUP 537 VINOCOPIA 527 JIXXIE INC 518 ALLEN'S SERVICE INC 514 WATER CONSERVATION SERVICES INC 498 PRISCILA EID 496 QUALITY PROPANE 493 LOGIS 486 WINE COMPANY, THE 482 MTI DISTRIBUTING INC 478 STEEL TOE BREWING LLC 473 US BANK - CREDIT CARD MERCHANT ONLY 468 CONCRETE CUTTING AND CORING 467 JUNKYARD BREWING COMPANY LLC 466 WOODEN HILL BREWING COMPANY LLC 465 DIVERSE BUILDING MAINTENANCE 463 POTEKGLASS 460 CORE & MAIN 460 LAVAN FLOOR COVERING 456 XTREME INTEGRATION 452 CONCRETE CUTTING AND CORING 450 INNOVATIVE GRAPHICS 450 HENNEPIN COUNTY TREASURER 437 BACK CHANNEL BREWING COLLECTIVE LLC 432 BARREL THEORY BEER COMPANY 422 UNMAPPED BREWING CO 420 BOLTON & MENK INC 419 CONSTRUCTION MATERIALS INC Amount Vendor Name Account Description Business Unit Comments417WEX 412 PDCM/DDP 411 ARCPOINT LABS OF EDINA 404 GERTENS 401 MIDWEST PLAYSCAPES 400 EDINA, CITY OF 398 METRO SALES INCORPORATED* 397 ACME TOOLS 394 NORTHLAND PETROLEUM SERVICE INC 394 ADVANCED ENGINEERING & ENVIROMENTAL SERV 390 PIRTEK BURNSVILLE 381 SAINT CROIX VINEYARDS, INC. 375 CREATE A LEGACY 370 METROPOLITAN FORD 370 US POSTMASTER - HOPKINS 368 NEW FRANCE WINE COMPANY 367 LEONARD, MICHELLE 366 BERGMAN LEDGE LLC 362 PREMIUM WATERS INC 361 HENNEPIN COUNTY TREASURER 356 WM MUELLER AND SONS INC 356 INVICTUS BREWING CO 352 BOYER TRUCKS 351 TOOMEY LISA 349 MR CUTTING EDGE 348 DIGGINS NICHOLE DAY 339 BERGMAN LEDGE LLC 338 VESTIS SERVICES LLC 338 LHB INC 330 ST CROIX LINEN LLC 330 ST CROIX LINEN LLC 326 PDCM/DDP 326 MAVERICK WINE LLC 325 MINNESOTA DEPT OF LABOR AND INDUSTRY 325 WINEBOW 325 MINNESOTA AIR INC 320 BOUND TREE MEDICAL LLC 317 POMP'S TIRE SERVICE INC 315 GRIMCO INC 312 INBOUND BREW CO 309 NEW FRANCE WINE COMPANY 307 SHAMROCK GROUP, INC - ACE ICE 307 JACOB RHUDE 303 PRAIRIE LAWN AND GARDEN 303 DELTA DENTAL 300 PRYES BREWING COMPANY 300 CARVER SCOTT HUMANE SOCIETY 300 EDEN PRAIRIE HIGH SCHOOL BOYS HOCKEY 294 DOMACE VINO LLC 289 ZIEGLER INC 288 BARREL THEORY BEER COMPANY 285 VENN BREWING COMPANY 284 NORTH CENTRAL LABORATORIES 275 GREGOIRE, DAVID 266 COMCAST 265 SHAMROCK GROUP, INC - ACE ICE 263 VANCO SERVICES 263 MODIST BREWING COMPANY 258 CORE & MAIN Amount Vendor Name Account Description Business Unit Comments257WEX 257 DELUXE 255 JANEX INC 252 THE ADVENT GROUP 251 US BANK - PAYMODE 250 MITTELSTADT, SCOTT 250 DIRECTV 246 PROPIO LS LLC 240 INDIGO SIGNWORKS, INC. 240 56 BREWING LLC 240 BEHL ANTHONY 238 SMALL LOT MN 229 QUALITY LOCKSMITH SERVICE 226 OPTUM HEALTH 225 SOUTH METRO PUBLIC SAFETY TRAINING FACIL 224 DELUXE 224 PAYA 222 SHAMROCK GROUP, INC - ACE ICE 222 HACKAMORE BREWING COMPANY LLC 213 COMCAST 213 TIMESAVER OFF SITE SECRETARIAL INC 211 US POSTMASTER - HOPKINS 208 THOMAS GOLDSTEIN 207 ECM PUBLISHERS INC 201 HORIZON COMMERCIAL POOL SUPPLY 200 RED BULL DISTRIBUTING COMPANY INC 200 SHAWNA BONAIME 200 ST ANDREWS LUTHERAN CHURCH 198 ANDREA BRANVOLD 198 LIGHT GINA 195 FOUNDATION TECHNOLOGIES, LLC 191 WEX 186 CENTURYLINK 186 56 BREWING LLC 180 URBAN GROWLER BREWING COMPANY LLC 180 ARBEITER BREWING COMPANY LLC 180 AUDIOQUIP INC 179 RED BULL DISTRIBUTING COMPANY INC 179 CARRIE TISDELL 177 RDO EQUIPMENT CO 177 CINTAS CORPORATION #470 175 LORENZ, JOYCE 167 GRAINGER 163 NORMANDALE COMMUNITY COLLEGE 162 PROSOURCE SUPPLY 159 PROP - PR 157 DODGE OF BURNSVILLE 150 THE CUTTING EDGE 147 LIBATION PROJECT 146 PAUL BERKHOLTZ 145 CDW GOVERNMENT INC. 144 INBOUND BREW CO 143 SHANNON MELVILLE 143 FEIND STEPHANIE 142 MONTGOMERY BREWING COMPANY LLC 141 BARRIE SPENCER 141 PRAIRIE LAWN AND GARDEN 140 EDEN PRAIRIE FIREFIGHTER'S RELIEF ASSOC 139 SOLUTION BUILDERS Amount Vendor Name Account Description Business Unit Comments139LUPULIN BREWING COMPANY 138 SYVERSON TESSA 137 PAULA LA FRENIERRE 136 BATTERIES PLUS BULBS 135 BOB BOWES 135 NOVAK-KREBS BETH 134 LAWRENCE HONG 133 DAXKO LLC 132 WEX 131 WOODEN HILL BREWING COMPANY LLC 130 NICHOLAS TOFTELY 129 FASTENAL COMPANY 129 PRYES BREWING COMPANY 129 COOPERATIVE ENERGY FUTURES 127 MICHAEL SHINNERS 124 MONTGOMERY BREWING COMPANY LLC 122 EMERGENCY TECHNICAL DECON 121 STAPLES ADVANTAGE 119 WOODEN HILL BREWING COMPANY LLC 119 ELLIS, ROBERT 119 LINDEMAN BRETT 118 J H LARSON COMPANY 115 INSIGHT BREWING COMPANY LLC 114 COMCAST 112 SITEONE LANDSCAPE SUPPLY, LLC 109 THE MEADOWS AT RILEY CREEK HO ASSOC 107 KELLY LAUREL 104 ASPEN MILLS 104 DEREK CLEMENT 103 COMCAST 102 RICHFIELD PRINTING INC 101 PAYA 97 COMCAST 95 GALLS LLC 95 WEX 92 WEX 92 STACIA SELSET 90 COMCAST 87 SAMUEL SWEDBERG 87 PAYCHEX 87 PAYCHEX 86 COMCAST 84 INBOUND BREW CO 84 KARI HEISTAD 82 WEX 81 INDELCO PLASTICS CORP 81 WEX 81 WINEBOW 79 CAROL MYSLIVECEK 76 COMCAST 72 DEBRA MILLIS 65 WEX 64 MACQUEEN EQUIPMENT INC 63 WEX 61 MEREDITH KATE 59 GORRILLA KIRA 59 BRINK, LORI 58 SUBURBAN CHEVROLET 56 NELSON, ROBIN Amount Vendor Name Account Description Business Unit Comments55CHC CREATING HEALTHIER COMMUNITIES 53 WEX 52 WEX 51 COMCAST 51 FIDELITY SECURITY LIFE INSURANCE CO 50 DAKOTA COUNTY SHERIFFS DEPT 46 EVAN ROSS 45 ECM PUBLISHERS INC 42 COMCAST 42 PAFFY'S PEST CONTROL 42 HIGHWAY 5 BP 41 PILGRIM DRY CLEANERS INC 40 OFFICE OF MN IT SERVICES 38 WEX 37 MICHAEL PALERMO 35 ROCKEY, JOSH 34 CHAD DIEFENDERFER 33 CAMPBELL KNUTSON, P.A. 33 EDEN PRAIRIE CRIME PREVENTION FUND 32 KIMBERLY DAVIS 31 DAN GROSSMAN 31 KELLY L SCHWANTZ 30 MINNESOTA CLAY CO. USA 28 FIRST AMERICAN BANK 27 TOLL GAS AND WELDING SUPPLY 25 SKMM PROPERTIES LLC 23 SIEMIENAS AMANDA 23 SPOK, INC. 23 S&S WORLDWIDE INC 23 DTMT CONSTRUCTION LLC 21 PROPIO LS LLC 20 JUDY BORGERDING 20 CRASSAS TRACIE 19 WEX 19 MONEY MOVERS INC 19 TSAI LULU 19 SHRED RIGHT 18 MARISSA UHRINA 17 GARRY MILLER 16 SQUARE 16 RAGENE SOVAK 15 MINNESOTA VALLEY ELECTRIC COOPERATIVE 14 WEX 14 RANDY ZIMMERMAN 13 PANKAJ TYAGI 12 KIM HACK-ALDRIN 11 MICHAEL EARL 11 EDEN PRAIRIE FOUNDATION 10 CULLIGAN BOTTLED WATER 10 KANNAPPAGANESH NACHIAPPAN 9 HOMES FOR CASH LLC 8 MARK ANDREWS 8 NCPERS GROUP LIFE INSURANCE 7 WEX 7 NCR PAYMENT SOLUTIONS,PA, LLC 6 ROSANNE M NORRIS 6 WEX 6 JILL ZANGS 4 COMCAST Amount Vendor Name Account Description Business Unit Comments3BOBBY & STEVE'S AUTO WORLD EDEN PRAIRIE 3 WEX 8,917,991 Report Total