HomeMy WebLinkAboutCity Council - 04/21/2026Eden Prairie City Council Workshop Agenda
5:30 p.m. Tuesday, April 21, 2026
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
WORKSHOP AGENDA
Heritage Rooms
1. Design Standards
Council Chambers
2. Open Podium
3. Adjournment
Eden Prairie City Council Meeting Agenda
7 p.m. Tuesday, Apr. 21, 2026
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. Arbor Day proclamation
V. Approval of Agenda and Other Items of Business
VI. Minutes
A. City Council Workshop held Tuesday, April 7, 2026
B. City Council Meeting held Tuesday, April 7, 2026
VII. Consent Calendar
A. Clerk’s List
B. Approve professional services agreement for Wash Water Tank Recoating Project
engineering and inspection services with Badger State Inspection
C. Approve Purchase of Supervisory Control and Data Acquisition Hardware from Software
House International
D. Approve purchase of lift station panel for Bearpath Lift Station
CITY COUNCIL MEETING AGENDA
April 21, 2026
E. Approve construction contract for Cedar Hills bike park with Pathfinder Trail Builders
F. Approve Flying Cloud Drive trail design agreement with WSB, Inc.
G. Award construction contract for 2026 Homeward Hills Park Hardcourts Rehabilitation to
BKJ Land Co II Inc DBA BKJ Excavating
H. Approve quote for new police space additional interview room cameras with Axon
Enterprises
I. Approve quote for Police Department remodel project public safety radio booster
system from ANCOM Communications
J. Approve quote and authorize procurement of Police Department remodel project
vehicle key management system from Safeware
K. Approve Police Department and City Center remodel project mechanical scope
adjustments change order with Weidner Mechanical
L. Direct staff to not waive the monetary limits on municipal tort liability established by
Minnesota Statutes 466.04
M. Approve three-year term agreement for digital asset management system with
PhotoShelter
VIII. Public Hearings and Meetings
A. Prairie Lakes Corporate Center by Kraus Anderson. Adopt Resolution for Planned Unit
Development Concept Amendment on 13.07 acres, approve first reading of Ordinance
for Planned Unit Development Amendment on 13.07 acres, adopt Resolution for
Preliminary Plat on 13.07 acres, adopt Resolution in Support of Park Dedication Fees on
13.07 acres
IX. Payment of Claims
X. Ordinances and Resolutions
XI. Petitions, Requests and Communications
XII. Appointments
XIII. Reports
A. Report of Council Members
B. Report of City Manager
C. Report of Community Development Director
CITY COUNCIL MEETING AGENDA
April 21, 2026
D. Report of Parks and Recreation Director
E. Report of Public Works Director
F. Report of Police Chief
G. Report of Fire Chief
H. Report of City Attorney
XIV. Other Business
XV. Adjournment
City of Eden Prairie
Hennepin County, Minnesota
PROCLAMATION
Arbor Day – April 25, 2026
WHEREAS, Arbor Day provides people in Eden Prairie the opportunity to celebrate the
importance of trees and forests to our economy, health, culture, history, and future of the city;
and
WHEREAS, Trees are of great value as they provide clean air and water, shade, energy savings,
wildlife habitat, and recreational opportunities; and
WHEREAS, Thoughtfully choosing, planting, and caring for a diverse mix of trees and caring for
trees as described in the cities’ Urban Forest Management Plan makes our community more
resilient into the future; and
WHEREAS, Trees play a major role in combating climate change by sequestering carbon from
the atmosphere, thereby offsetting greenhouse gas emissions; and
WHEREAS, Trees help Eden Prairie meet the Climate Action Plan goal of community-wide
carbon neutrality by 2050; and
WHEREAS, Eden Prairie first celebrated Arbor Day in 1982; and
WHEREAS, Eden Prairie has been recognized as a Tree City USA by the National Arbor Day
Foundation and desires to continue its tree stewardship and tree planting practices.
NOW, THEREFORE, I, Ron Case, Mayor of the City of Eden Prairie, Minnesota, do hereby
proclaim April 25, 2026, as Arbor Day in the City of Eden Prairie, and urge all citizens to support
efforts to protect our trees and woodlands and to support our City’s urban forestry program;
and further, I urge all citizens to plant and care for trees to promote the well-being of present
and future generations.
Ronald A. Case, Mayor
On behalf of Council Members
Kathy Nelson
Mark Freiberg
PG Narayanan
Lisa Toomey
Eden Prairie City Council Workshop Minutes Unapproved
5:30 p.m. Tuesday, April 7, 2026
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
WORKSHOP AGENDA
4:30 p.m. Mobile Command Center Tour (City Center Parking Lot)
5:30 p.m. Heritage Rooms
1. Elections Overview – City Clerk David Teigland
Getschow introduced City Clerk David Teigland to provide an elections overview. Teigland explained his
presentation is focused on important items, law changes, and key dates. Minnesota voters can begin
voting absentee by mail or in person 46 days prior to an election. This is the longest period of any State.
This year June 26 is the first day absentee voting begins for the August 11 State Primary election. Direct
balloting begins 18 days prior to the election, where voters insert their ballot directly into the tabulator.
Candidate filing for Mayor and Council Members is July 14 to 28. Case asked why the filing period for
Mayor and Council Members is earlier. Teigland confirmed the window used to end on primary election
day but was moved earlier to give City Clerks additional time.
Teigland provided an overview of key dates for the November 3 general election. Absentee voting by
mail or in person begins September 18. In person absentee voting will be available in the Council
Chambers every business day including weekends leading up to the general election. Extended voting
hours will be offered the week before the general election. Candidates now must be 21 years of age and
show proof of identity and residence. The election day ballot drop-off deadline is now 5 p.m.
Teigland summarized races that may be included on the primary election ballot. There are five races
where an incumbent is not re-running, likely resulting in a primary. Senator Amy Klobuchar has indicated
her intent to run for governor, if successful there would be a special election in 2027 to fill her senate
seat. Many people think presidential year elections are the big years, but all State races are on midterm
ballots. The November general election ballot will have all the primary races in addition to the Mayor,
Council Members, School Board, Three Rivers Park District Board, and Judicial races. Teigland displayed a
boundary map of Eden Prairie. Not every Eden Prairie resident will see the same races on their ballot.
Teigland explained the precincts, US house districts, state senate districts, county commission districts,
and school district boundaries within Eden Prairie.
Narayanan asked if the City receives State or Federal money for hosting elections. Teigland noted the City
receives some money from the County, but it doesn’t completely offset the cost of administering the
elections. Teigland explained the important role of election judges. Election Judges have many
responsibilities and long days. Set up begins at six a.m., and election judges stay after polls close at eight
p.m. to complete paperwork. Each precinct location has a head judge, one or two assistant judges, and
12 to 18 election judges. More than 400 judges serve in the primary and general elections. Some tasks
must be completed by two judges of different political parties, requiring party balance. High school
students aged 16 or 17 can serve as student judges. The Streets team delivers all the election equipment
the day before election day and collects all equipment the following day.
Teigland explained voting requirements in Minnesota. To vote you must be a U.S. citizen, 18 years old on
election day, a resident of the State for 20 days, not currently incarcerated for a felony conviction, and
not found incompetent to vote by a court. To register to vote, you must prove your identity and
residence. A drivers license satisfies both requirements. Voters agree to the voter oath affirming they are
a citizen and are 18 years old by election day. Providing false information under the voter’s oath is a
felony. Voter fraud occurrences are extremely low. Other ways to register include vouching, where a
registered voter may vouch under oath for a new voter, and your name appearing on a student housing
list provided by a college or university.
Teigland noted the City provides Health Care Facility voting at Flagstone, where a team is sent to help
residents who can’t travel vote. Narayanan asked how many healthcare facilities are visited for voting.
Teigland confirmed only Flagstone due to the size and number of residents. Narayanan asked if other
facilities should be considered based on need. Teigland confirmed the City is required and happy to do
Flagstone, adding more would depend on team bandwidth. Teigland works with other facilities and can
see if health care facility voting makes sense. Assistance voting by mail can always be provided.
Teigland explained the chain of custody for ballots. The elections team maintains records for exactly how
many voted and not voted ballots there are. Every ballot throughout Eden Prairie returns to City Center
at the end of election day. They are retained for 22 months in case of recount. Three to four percent of
all precincts in a County are chosen for audit. Two Eden Prairie precincts were chosen in 2024, where the
presidential and U.S. House races were counted by hand to ensure results matched the machine count.
Eden Prairie was also chosen for an additional State post-election performance review. Election
equipment is tested prior to elections, and a public notice is posted welcoming the public to observe.
Narayanan thanked Teigland for answering questions while he was running for office. Case asked if any
jurisdictions have a completely electronic process. Teigland confirmed while some jurisdictions are
completely electronic, most have moved away as it’s difficult to audit. Narayanan asked how long it takes
to transmit results after polls close at 8 p.m. Teigland notes a few reports need to be run, and then the
results are modemed to Hennepin County. There is a delay in results appearing on the Secretary of State
website as some counties don’t send electronic results. Case asked if it’s possible to see precinct results
prior to their delivery to the county. Teigland answered precinct results would only include in person
voters on election day, and would be incomplete without absentee in person and mail in voting. The
Council thanked Teigland for his time and presentation.
2. New Private Wells
Ellis stated tonight’s discussion would not affect any current wells in Eden Prairie, only new wells. Ellis
gave an overview of who regulates wells. The MN Department of Health issues permits for construction.
If the gallons extracted annually is greater than one million, a permit is also needed from the MN
Department of Natural Resources. State statute allows local governments to add a permitting process.
The two most predominant reasons to regulate are protecting groundwater resources and preventing
groundwater contamination. Most wells in the City are drawing from the Jordan Prairie Duchaine aquifer
and are 100 to 400 feet in depth. Availability of water in the aquifer has been a topic of conversation as
government considers ways to prevent contamination and over withdrawal.
Ellis explained the City has 17 wells. When Minnetonka is operating a certain well, Eden Prairie can tell as
production is affected. Narayanan asked if Eden Prairie would be affected by an increase of Minnetonka
residents. Ellis confirmed Eden Prairie would be affected as the aquifer flows from Northwest to
Southeast. Freiberg asked how many wells were drilled last year. Ellis confirmed only a handful. There
was a time period where dozens of wells were drilled per year. Each new well introduces a
contamination point. Narayanan asked if the City completes inspections. Ellis confirmed the City does
not inspect. The Minnesota Department of Health has the authority to do inspections, but Ellis didn’t
know if it was a heavily monitored area.
Ellis explained many different parties compete for aquifer resources such as data centers, water bottle
manufacturing companies, and other industrial companies needing large amounts of water. Narayanan
asked if data centers could use lake water for cooling. Ellis confirmed it’s possible but not economical.
Cooling with electricity is also an option but it’s usually cheaper to drill a well. Getschow noted data
centers have brought up a land use issue. Klima explained the City’s zoning ordinance is silent on data
centers. Communities are adopting regulations to address data centers including restricting them to
certain areas or restricting number of square feet or megawatts. Klima asked if the Council would be
interested in staff researching and proposing regulations on data centers. The Council provided their
agreement.
Ellis displayed a map of aquifer vulnerability in the metro area and the travel time for a pollutant to
contaminate the aquifer. Most of Eden Prairie is medium vulnerability, meaning it would take a pollutant
years to decades to reach the aquifer. Drilling a well decreases contamination time to hours or minutes.
The City has 441 known and permitted residential, commercial, and industrial wells. Most were drilled in
the 1960s through 1980s prior to widespread City water availability. Only ten new wells have been
drilled in the past decade. Narayanan asked why the City doesn’t use lake water. Ellis confirmed it
wouldn’t make economic or environmental sense. Treatment costs would be much higher, and it would
be detrimental to the lake.
Ellis displayed a list of cities or counties with well regulations. Narayanan asked for Ellis’ opinion on
prohibiting new wells. Ellis noted it makes sense from a groundwater protection and preservation stance.
The City could allow exceptions for properties not within a reasonable difference from City water. Certain
wells for geothermal elevator borings, landfill recovery, groundwater monitoring wells, and school
athletic field irrigations could still be allowed. All existing wells would be grandfathered in. Narayanan
asked if there is a process to close down a well. Ellis confirmed a permit from the department of health
should be obtained to seal the well, however he suspects they are often abandoned and forgotten
about.
Ellis requested feedback from the Council regarding Staff researching prohibition on new wells. The
Council provided their general agreement and discussed requiring well inspections when a property is
sold. Case asked if any Cities have mandatory well sealing at the time of property sale. Ellis noted he’d
have to research. Case asked Ellis to create a few proposals including options that address the issues
discussed, including how to handle a property sale with a well. The Council provided their agreement.
Council Chambers
3. Open Podium
4. Adjournment
Eden Prairie City Council Meeting Unapproved Minutes
7 p.m. Tuesday, Apr. 7, 2026
City Center Council Chambers
8080 Mitchell Road
Eden Prairie, MN 55344
ATTENDEES
City Council Members: Mayor Ron Case, Council Members Kathy Nelson, Mark Freiberg, PG
Narayanan, and Lisa Toomey
City Staff: City Manager Rick Getschow, Public Works Director Robert Ellis, Community
Development Director Julie Klima, Parks and Recreation Director Amy Markle, Police Chief Matt
Sackett, Fire Chief Scott Gerber, Administrative Services/HR Director Alecia Rose, and City
Attorney Maggie Neuville
MEETING AGENDA
I. Call the Meeting to Order
Mayor Case called the meeting to order at 7:00 PM. All Council Members were present.
II. Pledge of Allegiance
III. Open Podium Invitation
IV. Proclamations and Presentations
A. Adopt Resolution No. 2026-028 accepting anonymous donation of $50,000
toward Eden Prairie Arts Center Internship Program
Getschow introduced Parks and Recreation Director Amy Markle to summarize
this item.
Markle explained the Eden Prairie Arts Center is a community-focused hub that
offers creative programs for all ages and skill levels, from toddlers to seniors. The
building was generously donated to the City in 2008, and continues to grow in
programs, camps, events, and artist visits. To foster its commitment to careers
and leadership in the arts, an Arts Internship Program has been developed, and
an anonymous donation of $50,000 committed to support the program for two
years. The position will be a year-round internship that will offer a wide breadth
of experience in visual and performing arts, programming, events, marketing,
CITY COUNCIL MEETING AGENDA
April 7, 2026
center management, and creative storytelling to help foster a bridge between
the center and the diverse community it serves.
Getschow noted that the City cannot thank this anonymous donor enough for
supporting the City in such a generous way.
MOTION: Narayanan moved, seconded by Nelson to adopt Resolution No. 2026-
028 accepting an anonymous donations of $50,000 to the Eden Prairie Arts
Center Internship Program. Motion carried 5-0.
B. Adopt Resolution No. 2026-029 accepting 2026 winter donations to Parks and
Recreation
Ms. Markle explained that these donations, totaling $4,275, will help Eden
Prairie's mission to provide quality special events, programs, and educational
activities at little or no cost to residents.
Case noted that these donations help the City’s programs go the extra step, and
the City is very appreciative to all of the different groups that donated.
MOTION: Toomey moved, seconded by Narayanan to adopt Resolution No.
2026-029 accepting multiple winter quarter 2026 donations to Parks and
Recreation. Motion carried 5-0.
V. Approval of Agenda and Other Items of Business
Getschow explained that an item was brought earlier this week to be added to the
Consent Agenda, item T. Adopt Resolution No. 2026-032 supporting the Project Beam
application to the Forward Fund program. This item is a Resolution of support for a
business to come to Eden Prairie and potentially bring in 450 jobs. This Resolution is
required by the State.
MOTION: Freiberg moved, seconded by Toomey to approve the agenda as amended.
Motion carried 5-0.
VI. Minutes
A. City Council Workshop held Tuesday, March 3, 2026
B. City Council Meeting held Tuesday, March 3, 2026
CITY COUNCIL MEETING AGENDA
April 7, 2026
MOTION: Freiberg moved, seconded by Toomey, to approve the minutes of the Council
workshop held Tuesday, March 3, 2026, and the City Council meeting held Tuesday,
March 3, 2026, as published. Motion carried 5-0.
VII. Consent Calendar
A. Clerk’s List
B. Prairie Village SE Building by Kimley Horn. Adopt Resolution No. 2026-30 for Site
Plan Review on 0.23 acres, approve Development Agreement
C. Adopt Resolution No. 2026-031 and authorize entry into a labor agreement with
the International Association of Firefighters (IAFF)
D. Costco Development Agreement Amendment by Costco. Approve the
Development Agreement amendment
E. Approve 2025 unbudgeted fund transfers
F. Approve standard construction contract for Dorenkemper House Improvements
with Hamburg Builders Group
G. Award contract for the 2026 Riley Lake Jacques Barn parking lot reconstruction to
Minnesota Roadways, Co.
H. Approve professional services agreement for 2026 Lake Monitoring Program with
Blue Water Science
I. Approve professional services agreement for 2050 Comprehensive Plan
Transportation Chapter with SRF Consulting
J. Award contract for 2026 Surface Seal Project to Corrective Asphalt Materials, LLC
K. Approve professional services agreement for Purgatory Creek Bridge design with
Bolton & Menk, Inc.
L. Award contract for 2026 Pavement Rehab Project to Bituminous Roadways, Inc.
M. Approve professional services agreement for 2026 pavement rehab construction
material testing with Braun Intertec Corporation
N. Award contract for 2026 curb and gutter replacement to JL Theis, Inc.
O. Award contract for 2026 Americans with Disabilities Act (ADA) Pedestrian Ramp
Improvement Project to Concrete Idea, Inc.
CITY COUNCIL MEETING AGENDA
April 7, 2026
P. Approve construction contract for city manhole rehabilitation with Summit
Infrastructure
Q. Approve professional services agreement for Geothermal HVAC Project with
Advanced Engineering and Environmental Services, LLC.
R. Approve Juvenile Liaison Officer Agreement with Independent School District No.
272
S. Approve towing services agreement renewal between City of Eden Prairie and
Allen’s Service Inc, DBA Matt’s Auto Service
T. Adopt Resolution No. 2026-032 supporting the Project Beam application to the
Forward Fund program
MOTION: Nelson moved, seconded by Narayanan to approve Items A-T on the Consent
Calendar. Motion carried 5-0.
VIII. Public Hearings and Meetings
A. Chestnut Townhomes by Red Tail Residential. Adopt Resolution No. 2026-033 for
Comprehensive Plan amendment from Medium High Density Residential to
Medium Density Residential on 5.72 acres, and adopt Resolution No. 2026-034 in
support of park dedication fees
Getschow explained Red Tail Residential is proposing to build 53 townhome units
on the two properties located at the intersection of Chestnut Drive, Carmody
Drive, and Windsong Drive. The total acreage of the project is 5.72 acres. The
developer is requesting a site plan review and a Comprehensive Plan
Amendment. The Planning Commission voted 8 to 0 to recommend approval of
the project at its Monday, March 9 meeting. The Applicant is present to provide
a presentation, as well as a presentation from City Staff.
Dugan Garrison, Project Manager, Red Tail Residential, noted the development
team has extensive nationwide experience in acquisition, development,
construction, and property management. Their focus is on high-quality
workforce housing with long-term management. The project includes
townhouse development of 53 units with one, two, and three-story units with up
to three bedrooms at or below 30 percent AMI, with 9,000 square feet of open
space. The project has been designed to match existing neighborhoods and
integrate well with a private internal drive, distributed building placement, and
extensive landscaping per the Planning Commission's feedback and ongoing
coordination with the HOA. Garrison noted he would answer any of the Council's
questions before or after City Staff’s presentation.
CITY COUNCIL MEETING AGENDA
April 7, 2026
Freiberg noted that the renderings show a lot of landscaping, but in reality the
developer is clear-cutting the property for development. With seven older
heritage trees going down, it is a sensitive spot for Eden Prairie residents, and
virtually every tree is significant. The property being clear-cut is problematic for
residents since the replacement trees will be sticks in comparison and take 20
years to develop into mature trees.
Garrison stated the development team has investigated the area of the site
where most of the large heritage trees are. There is a significant grade on that
portion of the site that must be leveled for viability. Iterations of the site plan
have been reviewed to best configure the site to eliminate retaining walls and
save landscaping and trees. This was the best site plan that development could
come up with.
Freiberg noted a previous project on Lincoln Drive cleared the property for an
apartment complex, and he received a lot of complaints from residents who
were unhappy that 90 percent of the trees were cut down on that site. He
wanted to make the same point regarding this development.
Case said any further questions could be answered after the City Staff
presentation.
Community Development Director Julie Klima explained that City code allows
tree removal, but requires replacement based on tree size, either through new
plantings or a payment-in-lieu option introduced to help redevelopment sites
that cannot fully accommodate replacement trees. For this project, a total of 60
significant and heritage trees will be removed, mostly along the northern edge
near the wetland. To meet code requirements, the developer will plant some
trees on-site and pay for the remainder, resulting in over 161 new trees, 300
shrubs, and additional perennial plantings across the site. The full landscaping
plan exceeds the City’s minimum requirements. The developer has also opted to
add more trees along the southern border of the development and is
coordinating with the nearby HOA, including planting more trees that will be off-
site in the neighboring community.
Public Works Director Robert Ellis noted the proposed development will generate
moderate and manageable traffic, significantly less than a previous plan, with
only small increases during peak hours. Nearby roads like Anderson Lakes
Parkway, Chestnut, and Carmody Drive have sufficient remaining capacity, and
accident history shows no major safety concerns. Minor issues include limited
visibility at one intersection on Chestnut Drive, which may require stricter tree
removal or trimming for better visibility, possibly year-round restrictions for
street parking, and additional pedestrian crossing safety upgrades at crosswalks.
CITY COUNCIL MEETING AGENDA
April 7, 2026
Case asked what would happen on a bad snow day if the townhomes need their
parking lots plowed, and the residents could not move their cars to street
parking. Mr. Ellis stated that a coordinated effort and sequence would have to
take place where people on the northside of the Chestnut would vacate their lot,
and in the afternoon, the southside might vacate their lot so the rest of the lot
could be plowed. Conversations are ongoing with their management company to
develop a plan.
Narayanan pointed out that a fire truck would not fit through Chestnut Drive
when there is street parking on both sides of the street. Mr. Ellis agreed that it is
problematic.
Mr. Ellis continued that construction noise is regulated by existing rules allowing
work from 7:00 a.m. to 7:00 p.m., Monday through Saturday, with no work on
Sundays or holidays. While the City could try to negotiate reduced hours with
the developer, enforcing stricter limits would be difficult, as enforcement would
rely on police responding to complaints, and there are limited tools once permits
are issued for work. Tighter restrictions would need to be part of a development
agreement, but may still be challenging to monitor. This project involves
standard construction activity, not unusually loud or intense noise, so the noise
level would be typical of most developments.
Narayanan asked if, due to this development, the City has to put up a Rectangular
Rapid Flashing Beacon (RRFB) for pedestrian crossings. Mr. Ellis noted that the
City does not have to put up an RRFB, but it would be a good idea to install one,
due to the added traffic. Narayanan asked if the developer would pay for the
RRFB. Mr. Ellis stated that the installation and payment for an RRFB would be
part of the City's proposal within the development agreement.
Narayanan asked who would handle snow removal for the internal road within
the development. Garrison noted snow removal would be handled by the
property management group.
Don Uram, Pinebrook HOA President, 13600 Carmody Drive, thanked the Staff for
their work, as the HOA submitted concerns regarding traffic and parking, which
Staff addressed. The HOA has more concerns about landscaping, which the
developer has yet to address. On the north-south boundary of the development,
there are a number of proposed trees that the developer would need to get
Pinebrook's permission to plant, since it is on Pinebrook's property. The HOA has
several questions about the sizes of trees, restoration with irrigation, and
warranties regarding trees in the event they die, that have not been answered.
Mr. Uram requested that the Council continue to work on this project, to give the
HOA and the developer time to follow through on providing information and
come to an agreement on the additional tree plantings.
CITY COUNCIL MEETING AGENDA
April 7, 2026
MOTION: Toomey moved, seconded by Nelson to close the Public Hearing.
Motion carried 5-0.
Freiberg stated he got the answers he was looking for regarding the trees after
hearing Staff’s presentation.
Nelson noted the perennials and shrubs sound like a good idea, provided they
are maintained. She asked what kind of long-term plan is in place for keeping the
playground in the development updated and safe. Garrison confirmed the
playground would be part of the development, and maintenance will be part of
the property management group's upkeep.
Case pointed out that these are rental properties, so a property management
company would handle that.
Narayanan asked about guest parking. Garrison said there are four guest parking
spaces on either side of Carmody Drive. Narayanan asked what the parking ratio
would be. Mr. Garrison added that there are eight parking spots on Carmody,
and there are four parking spaces per unit, two in the garage and two in the
driveway. There will be 221 parking spaces in total. Narayanan asked if parking
would be allowed on the private internal road. Garrison noted that parking
would not be allowed there. Narayanan asked if the development would run out
of parking on Christmas or during an event when there could be extra guests.
Garrison noted that if a lot of guests come over, there would not be enough
parking; there are four spaces in addition to the parking on Carmody.
Narayanan asked if there was any provisioning for EV charging in the units’
garages. Garrison noted that the developer has not gotten that far in terms of
what the unit would be providing, but that would be considered.
Narayanan asked if EV charging could be put in the City's development
agreement. Klima noted that for this project, there are no PUDs or waivers that
are being requested. This project is code-compliant in terms of all of the
standard performance standards, such as parking and building materials.
Utilizing a PUD would trigger the application of the sustainability building
standard.
Case added that his hope would be that the developer includes the pre-wiring so
that an EV charger could be installed later by the resident.
Narayanan noted that he was not happy with the developer's answer, because in
the future, residents may want to buy an EV vehicle and would not have the
option to readily charge at home.
CITY COUNCIL MEETING AGENDA
April 7, 2026
Case added it is important to remember if the Council wants a policy mandated
down the road, the Council has to do that up front and cannot make policy in the
moment. This issue could be studied over the next year, and when the project is
outside of a PUD, the Council loses a lot of control and power to mandate that.
Toomey thanked Mr. Garrison for the presentation and is glad that this project
does not have any waivers. She noted she is glad that an RRFB is being put in
and asked what streets it would be put on. Mr. Ellis responded that Chestnut and
Carmody would both get an RRFB.
Toomey asked if the developers would be working on Saturdays from 7:00 a.m. to
7:00 p.m. Garrison noted that he does not know any contractors who are willing
to work on Saturdays, so he does not anticipate any work being done on
Saturdays.
Case noted if the Council was concerned about construction occurring on
Saturdays, then the Council would want to deal with that in a policy revision.
Toomey stated that the reason she asked is due to the emails the Council has
received. Case added that he understands her concerns, but from a Council
perspective, if they want to change and respond to those emails, they cannot
make policy in the moment. The policy regarding allowing construction on
Saturdays from 7:00 a.m. to 7:00 p.m. has been in place for 50 years.
Freiberg asked how many units are in the larger three-bedroom units. Garrison
stated he was not sure, but estimated there would be 30 of those units. Freiberg
stated the reason he asked is that there is a real void in Eden Prairie for three-
bedroom rentals.
Klima stated that two-thirds of the units are three bedrooms, and one-third are
two bedrooms. For the inclusionary housing units that are being provided, two
of those will be three-bedroom, and one of them will be two-bedroom. Freiberg
added that it is a compliment that the developer is including three-bedroom
units, because Eden Prairie does not have a lot of them.
Case added of three units that are affordable, two of those are three-bedroom,
and one of them is a two-bedroom and will rent at 30 percent AMI. Klima
confirmed that Case was correct.
Case stated he was not comfortable postponing this project due to Mr. Uram’s
concerns because those issues can be solved through conversation. He directed
City Staff to meet with Mr. Uram and the HOA to get any remaining issues
resolved. He pointed out that this land is 90 percent open, so the developer
would not be clear-cutting the property, and a lot of trees are going back in. Any
development project in the City takes trees down, and he can go back to projects
CITY COUNCIL MEETING AGENDA
April 7, 2026
that he approved back in 1995 that are almost overly treed, with no available
room for replacement trees. Thirty years is a long time to wait for trees to
mature, but it goes by fast. He continued that by law, the Council has to approve
projects that are waiver-free, and there are policies the City has put in place to
replace trees that are taken down, and all plantings and playgrounds will be
maintained by property management due to the property being rentals. The EV
charging port makes sense today for tenants, and to give that opportunity to rent
to those tenants, and pre-wiring for an EV charger is inexpensive.
Nelson stated she would like to underline the importance of providing pre-wiring
for EV charging, because it is cheap and gives the developer something to sell to
people for a long time.
MOTION: Toomey moved, seconded by Narayanan to adopt Resolution No. 2026-
033 for a Comprehensive Guide Plan Change from Medium High Density
Residential to Medium Density Residential on 5.72 acres; and adopt Resolution
No. 2026-034 in support of park dedication fees; and direct Staff to prepare a
Development Agreement incorporating Staff and Commission recommendations
and Council conditions. Motion carried 5-0.
B. Adopt Resolution No. 2026-035 approving the use of 2026 CDBG funds as
recommended by the Eden Prairie Human Services Review Committee
Getschow explained this Public Hearing is held every year and is related to
adopting a Resolution approving the acceptance and distribution of the 2026
Community Development Block Grant (CDBG) funds. These funds are federal
funds that can only be used to serve low to moderate-income residents in Eden
Prairie. In the past, a small amount of the funds were passed on to the local
Social Service agencies to provide services that the City cannot provide. These
funds were used for items such as housing support, services, and emergency
vehicle repair. Funds were also used for the Senior Community Services Home
Program for household outside maintenance for the elderly. In total, the City
provided $50,000 in funding for those programs. For many years, the City has
provided $200,000 in funding for many of the City's own housing programs, and
$80,000 to the West Hennepin Land Trust program. Prior to the Council
approving the acceptance of distribution of those funds, the Council needs to
hold a Public Hearing before passing the Resolution.
Case noted that previously, there have been speakers from the various agencies
that have benefited from the CDBG funds who have chosen to speak during the
Public Hearing, and assumed tonight would be no different.
Brenda Lano-Wolke, Executive Director of Homes Within Reach, thanked the
Council for allowing her to speak and noted the importance of the long-standing
CITY COUNCIL MEETING AGENDA
April 7, 2026
partnership between her organization and the City of Eden Prairie. The broader
impact of the collaboration remains clear and measurable, so she wanted to
highlight some of the previous work they have accomplished together. Since
2005, Homes within Reach has invested over $4.1 million to create permanently
affordable homes in Eden Prairie, acquired and rehabbed 23 homes through
subsequent resales, and helped four families achieve home ownership. Over the
past 21 years, Eden Prairie has awarded Homes within Reach approximately $1.2
million, and they have leveraged that investment to secure an additional $3
million from county, regional, and state funding, bringing significant outside
resources into the community. The funding percentages for these projects
include 29 percent of investments from the City, and 71 percent of investments
coming from other leveraged sources that the organization writes grants for. The
families the organization typically works with are four-person households with an
average income of 58 percent AMI and are hard-working residents who
contribute to the vitality of Eden Prairie but face increasing barriers to home
ownership. The organization is committed to working in the community to
ensure that homes remain affordable. She thanked the Council for its continued
support.
Jenifer Loon, Executive Director of People Reaching out to People (PROP),
thanked the City for their continued support, but most specifically through the
CDBG grants that they have received. This funding helps provide food, a variety
of financial and counseling services, and housing or rental assistance to the
residents of Eden Prairie who need assistance. Over the past three years, PROP
has received $49,000 from the City, most of which was devoted to housing and
the emergency car repair program, which has provided great assistance to many
households. PROP also uses this money to prevent eviction and keep people
stably housed, and typically, the organization runs out of the money from CDBG
by January, and the need for housing is extremely high this year and will continue
to grow. For the fiscal year ending on June 30, 2025, PROP served 91 households
through its homelessness prevention program, and while that is the highest on
record, PROP has already served 80 households in three quarters of this year.
The CDBG funds have been crucial in the past to help PROP meet that growing
need. Last year, a single mother had fallen behind on rent after paying for car
repairs, and PROP was able to help this family with CDBG funds to help pay for
her rent, so no eviction proceedings started. That is just one success story that
PROP has. She thanked the Council for all their continued support and the City’s
partnership.
Jon Burkhow, Senior Community Services Director of HOME Programs and
Technology Services at Senior Community Services, has a mission to empower
people as they age and to help older adults remain independent in their homes.
The organization provides a variety of services, including minor repairs, cleaning,
CITY COUNCIL MEETING AGENDA
April 7, 2026
snow removal, lawn mowing, painting, and yard work. The organization also
does free safety checks to help with fall prevention. The tech program was
established six years ago at Eden Prairie Senior Center, and meets twice a month
there and twice a month at the Eden Prairie Library. The organization offers in-
home tech support for senior citizens to help with their computers or network
issues. One of the residents this organization helped is an 86-year-old woman
who lives in her own home and enjoys having volunteers help with yard work,
gardening, housekeeping, and the tech service helped her with her iPad. The
tech service also does scam and fraud presentations to senior citizens to aid in
prevention. Mr. Burkhow added that the program implements older volunteers
as workers, especially in the tech program, to help other older adults and always
has a live person who answers phone calls for customer service. He thanked the
Council for its continued support.
MOTION: Narayanan moved, seconded by Nelson to close the Public Hearing;
and adopt Resolution No. 2026-035 approving the acceptance and distribution of
2026 CDBG funds as recommended by the Eden Prairie Human Services Review
Committee. Motion carried 5-0.
IX. Payment of Claims
MOTION: Narayanan moved, seconded by Freiberg, to approve the payment of claims
as submitted. Motion was approved on a roll call vote, with Freiberg, Narayanan,
Toomey, Nelson, and Case voting “aye.”
X. Ordinances and Resolutions
XI. Petitions, Requests, and Communications
XII. Appointments
XIII. Reports
A. Report of Council Members
1. Summary of City Manager Performance Review
Case read aloud the summary of the City Manager Performance Review.
The City Manager’s contract provides for an annual performance review
by the City Council in conjunction with a salary review. On March 3,
2026, the Council met in closed session to evaluate the City Manager’s
performance for the prior year. During the session, Mr. Getschow
highlighted the City’s 2025 accomplishments, including maintaining one
CITY COUNCIL MEETING AGENDA
April 7, 2026
of the lowest metro tax rates, strong Quality of Life Survey results, and
City departments securing over $7 million in grants. He also noted
challenges related to federal immigration enforcement and provided
updates on major projects, including the City Center remodel, which
remains on time and on budget. The Council gave overwhelmingly
positive feedback, praising his leadership, communication, and
management skills, as well as his success in hiring and retaining high-
quality staff. They also commended his responsiveness to the Council
and community and the positive work environment he fosters. The
Council then discussed Mr. Getschow’s salary, considering his excellent
performance review. The Council determined to increase Mr. Getschow’s
base salary by 5.78 percent, which results in a base salary of
approximately $253,864, and to provide $22,136 in employee health
insurance premiums and deferred compensation.
Case added the City is very fortunate to have Getschow as the City
Manager, and he hears frequently positive responses from other leaders
in the community, residents, and Staff about what a great job Getschow is
doing in his role. He thanked Getschow for all of his work.
Freiberg noted he has worked with Getschow for 13 years through
various Commissions and has always noticed the respect shown to
Getschow by his staff, which indicates a good leader. He added this is
probably why Getschow was recognized as the number one City Manager
in the state of Minnesota two years ago, because his work is impressive
and Eden Prairie is lucky to have him.
Toomey stated that this performance review reflects what the Council
sees every day in steady, effective leadership, with a strong commitment
to the organization. She added Getschow leads with integrity,
professionalism, and a clear sense of purpose that shows not only in the
outcomes that are achieved, but in the way that work gets done. Eden
Prairie is consistently ranked as one of the best places to work, and that
does not happen by accident. This speaks to a positive, supportive
culture where employees feel valued, which starts with leadership. She
added the City is so fortunate to have Getschow as the City Manager.
Narayanan added he did not write anything and would say from his heart
that Getschow’s leadership and the way he works with Staff and peers is
great, and is a good City Manager.
Nelson thanked Getschow for all the work that he is doing for the Staff
and residents of the City.
CITY COUNCIL MEETING AGENDA
April 7, 2026
Getschow stated he is very lucky to work in Eden Prairie, and it is a
pleasure.
MOTION: Case moved, seconded by Narayanan to approve a 5.78 percent
increase in the City Manager’s salary for 2026 and provide an additional
$22,136 in employee health insurance premiums and deferred
compensation. Motion carried 5-0.
B. Report of City Manager
C. Report of Community Development Director
D. Report of Parks and Recreation Director
E. Report of Public Works Director
F. Report of Police Chief
G. Report of Fire Chief
H. Report of City Attorney
XIV. Other Business
XV. Adjournment
MOTION: Narayanan moved, seconded by Nelson to adjourn the meeting at 8:28 PM.
Motion carried 5-0.
Respectfully Submitted,
___________________
Sara Potter, Administrative Support Specialist
City Council Agenda Cover Memo
Date: April 21, 2026
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: Kitty Revolution
Date: May 3, 2026
Place: Fat Pants Brewing
8335 Crystal View Road
City Council Agenda Cover Memo
Date: April 21, 2026
Section: Public Works
Item Number: VII.B.
Department: Public Works/Utilities Division – Joe Dusek, Water Plant Supervisor
ITEM DESCRIPTION
Approve Professional Services Agreement with Badger State Inspection, LLC for the Engineering
and Inspection Services for the Reconditioning of the Wash Water Tank Project.
REQUESTED ACTION
Move to: Approve Professional Services Agreement with Badger State Inspection, LLC for the
Engineering and Inspection Services for the Reconditioning of the Wash Water Tank Project in
the amount of $77,900.00
SUMMARY
The Wash Water Tank located at the Water Treatment Plant was constructed in 1972 and the
coating was spot repaired in 2009. The project is estimated to cost $400,000 and is best
planned and managed by a consulting firm specializing in water tank restoration.
This project was identified in the utility’s Capital Improvement Plan/Budget and will be paid
from the Water Utility Fund.
ATTACHMENTS
Professional Services Agreement
City Council Agenda Cover Memo
Date: April 21, 2026
Section: Consent Calendar
Item Number: VII.C.
Department: Public Works/Utilities Division – Joe Dusek, Water Plant Supervisor
ITEM DESCRIPTION
Approve purchase of Supervisory Control and Data Acquisition (SCADA) hardware from Software
House International (SHI) in the amount of $61,484.14.
REQUESTED ACTION
Move To: Approve purchase of SCADA software for the water treatment plant from SHI in the
amount of $61,484.14.
SUMMARY
Synopsis
The City of Eden Prairie Utilities Division will be utilizing Sourcewell and OMNIA, cooperative
purchasing programs, for the purchase of SCADA hardware at the water treatment plant. SHI is
under contract with Sourcewell (contract #121923) and OMNIA (contract#2024056-02). Staff
recommends acceptance of the quote in the amount of $61,484.14 to be paid from funds in our
Capital Improvement Plan.
Background Information
The water treatment plant SCADA system is a system of software and hardware used to monitor
and control plant processes. Upgrading our SCADA hardware will enhance security, improve
efficiency, and we will be better integrated with modern technologies.
ATTACHMENTS
Attachment 1 – Sourcewell Contract with SHI #121923
Attachment 2 – OMNIA Contract with SHI #2024056-02
Attachment 3 – Quote 1
Attachment 4 – Quote 2
Attachment 5 - Quote 3
City Council Agenda Cover Memo
Date: April 21, 2026
Section: Consent Agenda
Item Number: VII.D.
Department: Public Works/Utilities – Andy Allmann Field Operations Supervisor
ITEM DESCRIPTION
Approve Purchase of Bearpath Lift Station Panel from Primex, Inc.
REQUESTED ACTION
Move to: Approve the purchase of a new control panel for lift station No. 16 Bearpath for a total
of $64,294.00.
SUMMARY
Synopsis
The City of Eden Prairie Utilities Division solicited quotes from two electrical panel builders for a
new control panel required for the rehabilitation of Lift Station No. 16 at 18488 Bearpath Trail.
The lowest quote of $64,294.00 was offered by Primex, Inc. Staff recommends the City Council
purchase the panel from the least-cost supplier.
Background Information
Each year Eden Prairie Utilities has planned a major rehabilitation of one of our 22 sanitary
sewer lift stations. The purchase of the control panel directly by the city will speed-up the
acquisition timeline rather than be included with the contractors bid. All costs will be paid from
the utility enterprise capital fund.
ATTACHMENTS
Agreement
(rev. 6/2024)
Agreement for Contract Services
This Agreement (“Agreement”) is made on the __21st___day of_ April__, 20_26__, between the
City of Eden Prairie, Minnesota (hereinafter "City"), whose business address is 8080 Mitchell
Road, Eden Prairie, MN 55344, and __SJE, Inc.____, a Minnesota _corporation_(hereinafter
"Contractor") whose business address is__13005 16th Ave N, Suite 100, Plymouth, MN 55441_.
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
_Building and Providing Specified Control Panel for lift station No. 16 Bearpath__ 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
__April__ _21_, 20_26__. The Work shall be completed by __December 31, 2026_.
3. Obligations of Contractor. Contractor shall conform to the following obligations:
a. Contractor shall provide the materials and services as set forth in Exhibit A.
b. Contractor and its employees will park in service areas or lots and use entries and
exits as designated by City. Contractor’s personnel will contact the appropriate person
(i.e. receptionist, maintenance personnel, security, etc,) immediately upon entering
the building, and will sign in and out if required by City.
c. Care, coordination and communication by Contractor is imperative so that guests and
employees in the buildings are not disturbed or inconvenienced during the
performance of the contracted services.
d. Contractor’s personnel must be neat appearing, wear a uniform and badge that clearly
identifies them as a service contractor, and abide by City’s no smoking policies.
e. Contractor must honor the City’s request to reassign an employee for cause. Cause
may include performance below acceptable standards or failure to present the
Standard Agreement for Contract Services (rev. 6/2024)
Page 2 of 10
necessary image or attitude, in the judgment of the owner, to present a first class
operation.
f. When necessary, Contractor’s personnel will be provided with keys or access cards in
order to perform their work. Any lost keys or cards that result in rekeying a space or
other cost to the City will be billed back to the Contractor.
g.
h.
i.
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.
c.
d.
5. Compensation for Services. City agrees to pay the Contractor a fixed sum of
$_64,294.00__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
Standard Agreement for Contract Services (rev. 6/2024)
Page 3 of 10
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
Standard Agreement for Contract Services (rev. 6/2024)
Page 4 of 10
c. Commercial General Liability. The Commercial General Liability Policy shall be on
ISO form CG 00 01 12 07 or CG 00 01 04 13, or the equivalent. Such insurance shall
cover liability arising from premises, operations, independent contractors, products-
completed operations, personal and advertising injury, and liability assumed under an
insured contract (including the tort liability of another assumed in a business
contract). There shall be no endorsement or modification of the Commercial General
Liability form arising from pollution, explosion, collapse, underground property
damage or work performed by subcontractors.
d. Contractor shall maintain “stop gap” coverage if Contractor obtains Workers’
Compensation coverage from any state fund if Employer’s liability coverage is not
available.
e. All policies, except the Worker’s Compensation Policy, shall name the “City of Eden
Prairie” as an additional insured.
f. All policies, except 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.
Standard Agreement for Contract Services (rev. 6/2024)
Page 5 of 10
n. A copy of the Contractor’s Certificate of Insurance which evidences the
compliance with this Paragraph, must be filed with City prior to the start of
Contractor’s Work. Upon request a copy of the Contractor’s insurance declaration
page, Rider and/or Endorsement, as applicable shall be provided. Such documents
evidencing Insurance shall be in a form acceptable to City and shall provide
satisfactory evidence that Contractor has complied with all insurance requirements.
Renewal certificates shall be provided to City prior to the expiration date of any of
the required policies. City will not be obligated, however, to review such Certificate
of Insurance, declaration page, Rider, Endorsement or certificates or other evidence
of insurance, or to advise Contractor of any deficiencies in such documents and
receipt thereof shall not relieve Contractor from, nor be deemed a waiver of, City’s
right to enforce the terms of Contractor’s obligations hereunder. City reserves the
right to examine any policy provided for under this paragraph.
o. Effect of Contractor’s Failure to Provide Insurance. If Contractor fails to provide
the specified insurance, then Contractor will defend, indemnify and hold harmless the
City, the City's officials, agents and employees from any loss, claim, liability and
expense (including reasonable attorney's fees and expenses of litigation) to the extent
necessary to afford the same protection as would have been provided by the specified
insurance. Except to the extent prohibited by law, this indemnity applies regardless of
any strict liability or negligence attributable to the City (including sole negligence) and
regardless of the extent to which the underlying occurrence (i.e., the event giving rise to
a claim which would have been covered by the specified insurance) is attributable to
the negligent or otherwise wrongful act or omission (including breach of contract) of
Contractor, its subcontractors, agents, employees or delegates. Contractor agrees that
this indemnity shall be construed and applied in favor of indemnification. Contractor
also agrees that if applicable law limits or precludes any aspect of this indemnity, then
the indemnity will be considered limited only to the extent necessary to comply with
that applicable law. The stated indemnity continues until all applicable statutes of
limitation have run.
If a claim arises within the scope of the stated indemnity, the City may require
Contractor to:
i. Furnish and pay for a surety bond, satisfactory to the City, guaranteeing
performance of the indemnity obligation; or
ii. Furnish a written acceptance of tender of defense and indemnity from
Contractor's insurance company.
Contractor will take the action required by the City within fifteen (15) days of receiving
notice from the City.
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,
Standard Agreement for Contract Services (rev. 6/2024)
Page 6 of 10
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
Standard Agreement for Contract Services (rev. 6/2024)
Page 7 of 10
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 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.
Standard Agreement for Contract Services (rev. 6/2024)
Page 8 of 10
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.
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
Standard Agreement for Contract Services (rev. 6/2024)
Page 9 of 10
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. 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,
Standard Agreement for Contract Services (rev. 6/2024)
Page 10 of 10
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
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: _______________________________
PROPOSAL
TEL: (844) 477-4639
www.primexcontrols.com
SJE Confidential Information. Valid for 30 days.Generated on Thu March 19, 2026 - 04:26 PM UTC
Proposal# 2026180204
Scope
3/19/2026, 2:00 PM2026180204AE2S - Sioux Falls, SDEden Prairie, MN - Bearpath LS Rehab
Due/Bid DateProposal#CustomerName
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Our proposal references the following specification sections and includes those items as described in the subsequent Bill of
Materials.
Section 406313 - Process Control Panels and Hardware
Section 406343 - Programmable Logic Controllers
Section 406653 - Radio and Telemetry Equipment
PRIMEX acknowledges no addendum.
BILL OF MATERIAL
Control Panels
Bearpath Lift Station Control Panel, Duplex, 208 VAC, 3 Ph, 10 HP
UL Type 3R 304 Stainless Steel Enclosure
Two Door
18" Legs with Louvered Skirts
Top Sunshield
Inner Doors
3-Point Latch
Worklight with Switches
Ventilation
UL 698A Intrinsic Safety Label
Surge Protection Device
Main Circuit Breaker
Emergency Main Circuit Breaker with Mechanical Interlock
Generator Receptacle
Phase Monitor
Schneider Variable Frequency Drives
Pump Circuit Breaker
Inner Door Mounted HIM Module
Circuit Breakers
Site Light
GFI
Heater
Ventilation
Control Power
GFI Receptacle
Heater with Thermostat
UPS
DC Power Supply
Pilot Devices
HOA Switches
Reset Pushbuttons
Elapsed Time Meters
Flood Light On/Off Switch
Pilot Lights
Run
EXHIBIT A
Proposal
Page: of 2 5
SJE Confidential Information. Valid
for 30 days.
Generated on Thu March 19, 2026
- 04:26 PM UTC
Proposal# 2026180204
1. 1.
15.
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Seal Fail
Over Temp
Alarm Active
Allen Bradley CompactLogix PLC
CPU
Discrete I/O
Analog I/O
Allen Bradley PanelView Plus 7 Operator Interface Terminal (OIT)
10" Color Touchscreen
Ethernet Switch
Intrinsic Safety Barriers
Radio Modem
Yagi Antenna
75' Antenna Cable
Antenna Cable Bulkhead Lightning Arrestor
Cable Connectors
Spare Parts
Quantity One (1) PLC Power Supply
Quantity One (1) PLC CPU
Quantity One (1) I/O Module per Type Utilized
Lot Fuses and Lamps
Instrumentation
Quantity Two (2) Float Switches with Anchor Kit
Quantity One (1) Submersible Level Transmitter
Services
Engineering
Drafting
Documentation
Startup and Commissioning
Warranty, 1 year or as specified
Freight (FOB Shipping Point)
NOTE: Customer Supplied Parts – Our scheduling team will issue a zero-cost PO for the parts approximately 14 days prior
to the beginning of panel manufacturing. This change will not affect ship date and will help the factory maintain the inventory
with customer-supplied parts. Please do not ship customer-supplied parts to the factory until you have received the
zero-cost PO from us with shipment instructions.
Items specifically not included in this proposal
Pump Protection Modules (Primex will Mount and Wire)
PLC Programming
OIT Programming
SCADA Programming
Utility Power Meter and Socket
200A Main Panel Service Entrance Circuit Breaker in N4X SS Enclosure
Antenna Mast and Antenna Mounting
Radar Level Transducer - Submersible Level Transducer is Proposed Instead (Drawing E701 illustrates using
Submersible)
Sales or use tax
Liquidated Damages of any kind
Installation of equipment and job site labor other than as specified
Receiving and storage of equipment on the job site
Installation materials, brackets, wire, clamps, piping, junction boxes, etc., not specifically described in our material list
Performance, payment, or equipment bond of any kind
Installation of any instruments
Field Terminations
Mounting of any control panels or hardware
Proposal
Page: of 3 5
SJE Confidential Information. Valid
for 30 days.
Generated on Thu March 19, 2026
- 04:26 PM UTC
Proposal# 2026180204
Acceptance of Proposal (Purchase Order or Signature) – The preceding prices, specifications and
attached terms and conditions of sale are satisfactory and hereby accepted. You are authorized to
proceed.
18.
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Mounting stands, brackets, channel strut or field assemblies of any kind.
Permits or Bonding
Fiber optic cable, connectors, patch panels, termination and/or testing
Electrical testing services
Solenoids and pressure switches are by others
Flow meter spare spools and flange gaskets
Local control panels, unless specifically listed on this scope of work
Field Instrumentation, unless specifically listed on this scope of work
SJE's sole obligation shall be the provision of those items specified within the "included" items listed above. The lack
of an explicit exclusion does not imply inclusion
All prices quoted are based on current tariff rates and trade policies. Any new, increased, or additional tariffs, duties, taxes,
or related governmental charges imposed after the date of this quote shall be the responsibility of the Buyer. Seller reserves
the right to adjust pricing accordingly and bill these additional charges as a separate line item. The Buyer acknowledges and
agrees to pay such adjustments as part of the total order cost.
Proposal Amount $ 64,294.00 USD
Freight Terms: FOB Origin, Freight Prepaid
Respectfully submitted by,
Shaun Girard
Business Development Manager
shaun.girard@sjeinc.com
Signature Name Print/Type Official Position Date
City Council Agenda Cover Memo
Date: April 21, 2026
Section: Consent Calendar
Item Number: VII.E.
Department: Parks and Recreation - Matt Bourne, Parks and Natural Resources Manager
ITEM DESCRIPTION
Award contract for the Cedar Hills Park Bike Skills Area and Single-Track Loop Trails.
REQUESTED ACTION
Move to: Award the Standard Construction Contract to Pathfinder Trail Building LLC for the
Cedar Hills Park Bike Skills Area and Single-Track Loop Trails.
SUMMARY
Mountain biking has increased in popularity dramatically over the last decade and staff has
repeatedly heard from residents the need for trails somewhere in our park system. This project
would add a new bike skills area with a number of features to the open area at Cedar Hills Park
and construct single-track loop trails throughout the undeveloped portions of the park. The City
received two bids for the project and Pathfinder Trail Building has completed a number of
similar projects throughout the metro so staff is comfortable with their ability to complete the
project. This project will be funded through the Park Improvement Fund.
Bid Results
Pathfinder Trail Building $420,800.00
Pine Creek Trail Builders $443,129.52
ATTACHMENTS
Attachment 1 – Standard Construction Contract
(rev. 4/2026)
Standard Construction Contract
This Standard Construction Contract (“Contract”) is made on the 21st day of April, 2026,
between the City of Eden Prairie, Minnesota (“City”), whose business address is 8080 Mitchell
Road, Eden Prairie, MN 55344, and Pathfinder Trail Building LLC, a Minnesota
Company(“Contractor”), whose business address is 219 Indian Trail South, Afton, MN 55001.
Preliminary Statement
The City has adopted a policy regarding the selection and hiring of contractors to provide a
variety of services for City projects. That policy requires that persons, firms, or corporations
providing such services enter into written agreements with the City. The purpose of this
Contract is to set forth the terms and conditions for the provision of services by Contractor for
the Cedar Hills Park Bike Stills Area and Single-Track Loop Trails hereinafter referred to as the
“Work.”
The City and Contractor agree as follows:
1. Scope of Work/Proposal. The Contractor agrees to provide, perform and complete all the
provisions of the Work in accordance with attached Exhibit A. Any general or specific
conditions, terms, agreements, contractor or industry proposal, or contract terms attached
to or a part of Exhibit A are declined in full and, accordingly, are deleted and will not be in
effect in any manner.
2. Time of Commencement and Completion. The Work to be performed under this Contract
will be commenced immediately after execution of this Contract. The Work must be
completed by October 1, 2026.
3. Compensation for Services. City agrees to pay the Contractor a fixed sum of $420,800.00 as
full and complete payment for the labor, materials and services rendered pursuant to this
Contract and as described in Exhibit A.
a. Any changes in the scope of the work which may result in an increase to the
compensation due the Contractor will 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 will be extended by a period of time lost by reason of the delay.
Standard Construction Contract (rev. 4/2026) Page 2 of 15
Contractor will be entitled to payment for its reasonable additional charges, if any,
due to the delay.
4. Method of Payment. The Contractor will submit to the City, on a monthly basis, an itemized
invoice for services performed under this Contract. Invoices submitted will be paid in the
same manner as other claims made to the City.
a. Invoices. Contractor must verify that all statements submitted for payment in
compliance with Minnesota Statutes Sections 471.38 and 471.391. For reimbursable
expenses, if provided for in Exhibit A, the Contractor must provide an itemized listing
and such documentation as reasonably required by the City. Each invoice must
contain the City’s project number and a progress summary showing the original (or
amended) amount of the contract, current billing, past payments, and unexpended
balance of the contract. Each invoice must be accompanied by general lien waiver
and further lien waivers from all subcontractors on the project waiving liens for work
for which payment was requested by Contractor and paid for by City on the
preceding invoice.
b. Claims. By making the claim for payment under this Contract, the person making the
claim is declaring that the account, claim, or demand is just and correct and that no
part of it has been paid.
c. Final Payment. Contractor’s request for final payment must be accompanied by
Contractor’s affidavit that all payrolls, bills for materials and equipment, and other
indebtedness connected with the Work for which the City or its property might in
any way be responsible, have been paid or otherwise satisfied. Final payment,
constituting the entire unpaid balance of the Contract Sum, will be paid by the City
to the Contractor when the Work has been completed, the Contract fully performed,
and the City accepts the Work in writing. The acceptance of final payment will
constitute a waiver of all claims by the Contractor except those previously made in
writing and identified by the Contractor as unsettled at the time of Application for
Final Payment.
d. Income Tax Withholding. No final payment will be made to the Contractor until the
Contractor has provided satisfactory evidence to the City that the Contractor and
each of its subcontracts has complied with the provisions of Minn. Stat. Section
290.92 relating to withholding of income taxes upon wages. A certificate from the
Commissioner of Revenue satisfies this requirement.
5. Standard of Care. Contractor must 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 will 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
Standard Construction Contract (rev. 4/2026) Page 3 of 15
must put forth reasonable efforts to complete its duties in a timely manner. Contractor will
not be responsible for delays caused by factors beyond its control or that could not be
reasonably foreseen at the time of execution of this Contract. Contractor will be responsible
for costs, delays or damages arising from unreasonable delays in the performance of its
duties.
6. Project Manager and Staffing. The Contractor must 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 will be assisted by other staff members as necessary to
facilitate the completion of the Work in accordance with the terms established herein.
Contractor may not remove or replace the Project Manager without the approval of the
City.
7. Condition and Inspection. All goods and other materials furnished under this Contract must
be new and in current manufacture, unless otherwise specified, and all goods and work
must be of good quality, free from faults and defects and in conformance with this Contract.
All goods and work not conforming to these requirements will be considered defective.
Goods will be subject to inspection and testing by the City. Defective goods or goods not in
current manufacture may be returned to the Contractor at the Contractor’s expense.
8. Correction of Work. The Contractor must promptly correct all Work rejected by the City as
defective or as failing to conform under this Contract whether observed before or after
completion of the Work and whether or not fabricated, installed, or completed. The
Contractor will bear all costs of correcting such rejected Work.
9. Warranty. The Contractor expressly warrants and guarantees to the City that all Work
performed and all materials furnished will be in accord with the Contract and will 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 will have all other
remedies available under this Contract, at law or in equity.
Should any defects develop in the materials, workmanship or operation of the system
within the specified period, upon notice from the City, the Contractor agrees, within ten
(10) calendar days after receiving written notice and without expense to the City, to repair,
replace and in general to perform all necessary corrective Work with regard to the defective
or nonconforming Work or materials to the satisfaction of the City. THE FOREGOING WILL
NOT IN ANY MANNER LIMIT THE CITY’S REMEDY OR THE CONTRACTOR’S LIABILITY TO
THOSE DEFECTS APPEARING WITHIN THE WARRANTY PERIOD. The Contractor agrees to
perform the Work in a manner and at a time so as to minimize any damages sustained by
the City and so as to not interfere with or in any way disrupt the operation of the City or the
public.
Standard Construction Contract (rev. 4/2026) Page 4 of 15
The corrective Work referred to above will 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 must post bonds to secure the warranties.
10. Private Property. The Contractor may not enter upon private property for any purpose
without having previously obtained permission from the City. The Contractor is responsible
for the preservation of, and must use every precaution to prevent damage to all trees,
shrubbery, plants, lawns, fences, culverts, bridges, pavements, driveways, sidewalks, etc.; all
water, sewer and gas lines; all conduits; all overhead pole lines or appurtenances thereof; and
all other public or private property along or adjacent to the work.
11. Removal of Construction Equipment, Tools, and Supplies. At the termination of this
Contract, before acceptance of the Work by the City, the Contractor must remove all of
Contractor’s equipment, tools, and supplies from the property of the City. Should the
Contractor fail to remove such equipment, tools and supplies, the City will have the right to
remove them and deduct the cost of removal from any amount owed to Contractor.
12. Suspension of Work by City. The City may at any time suspend the Work, or any part thereof,
by giving ten (10) days' notice to the Contractor in writing. The Contractor must resume the
Work within ten (10) days after the date fixed in the written notice from the City to the
Contractor to resume. If the City’s suspension of all or part of the Work causes additional
expenses not due to the fault or negligence of the Contractor, the City will reimburse the
Contractor for the additional expenses. Claims for such compensation, with complete
substantiating records, must be filed with the City within ten (10) days after the date of order
to resume Work to receive consideration. This paragraph may not be construed as entitling
the Contractor to compensation for delays due to inclement weather, failure to furnish
additional surety or sureties specified herein, for suspension made at the request of the
Contractor, or for any other delay provided for in this Contract.
13. City’s Right to Carry Out the Work. If the Contractor defaults or neglects to carry out the
Work in accordance with the Contract or fails to perform any provisions of the Contract, the
City may, after ten (10) days written notice to the Contractor and without prejudice to any
other remedy the City may have, make good such deficiencies. In such case an appropriate
Change Order will be issued deducting from the payment then or thereafter due the
Contractor the cost of correcting such deficiencies. If the payments then or thereafter due
the Contractor are not sufficient to cover such amount, the Contractor must pay the
difference to the City.
Standard Construction Contract (rev. 4/2026) Page 5 of 15
14. City’s Right to Terminate Contract and Complete the Work. The City has the right to
terminate this Contract for any of the following reasons:
a. The Contractor is adjudged bankrupt, makes a general assignment for the benefit of
creditors, or becomes insolvent;
b. Failure of Contractor to supply adequate properly skilled workmen or proper
materials;
c. Failure of Contractor to make prompt payment to subcontractor for material or labor;
d. Any disregard of laws, ordinances, or proper instructions of the City;
e. Assignment or work without permission of the City;
f. Abandonment of the work by Contractor;
g. Failure to meet the work progress schedule set forth in this Contract;
h. Unnecessary delay which, in the judgment of the City, will result in the work not being
completed in the prescribed time.
Termination of the Contract will be preceded by ten (10) days written notice by the City to the
Contractor and its surety stating the grounds for termination and the measures, if any, which
must be taken to assure compliance with the Contract. The Contract will be terminated at the
expiration of such ten (10) day period unless the City withdraws its notice of termination.
Upon termination of the Contract by the City, the City may, without prejudice to any other
remedy the City may have, take possession of the site and of all materials, equipment, tools,
construction equipment, and machinery thereon owned by the Contractor and may finish
the Work by whatever methods the City may deem expedient at the Contractor’s expense.
Upon Contract termination, the Contractor will not be entitled to receive any further payment
until the Work is finished. If the unpaid balance of the contract price exceeds the expense of
finishing the Work, including compensation for additional managerial and administrative
services, the excess will be paid to the Contractor. If such expense exceeds the unpaid
balance, the Contractor will pay the difference to the City.
If the Contractor abandons the Work, fails or refuses to complete the Work or fails to pay just
claims for labor or material, the City reserves the right to charge against the Contractor all
legal, engineering, or other costs resulting from such abandonment, failure, or refusal. Legal
costs will include the City's cost of prosecuting or defending any suit in connection with such
abandonment, failure or refusal, and non-payment of claims wherein the City is made co-
defendant, and the Contractor agrees to pay all costs, including reasonable attorney's fees.
Standard Construction Contract (rev. 4/2026) Page 6 of 15
15. Contractor’s Right to Terminate Contract. The Contractor may terminate this Contract upon
ten (10) days written notice to the City for any of the following reasons:
a. If an order of any court or other public authority caused the Work to be stopped or
suspended for a period of 90 days through no act or fault of the Contractor or its
employees.
b. If the City fails to pay any undisputed sum owed Contractor within forty-five (45) days
after the sum becomes due.
16. Performance and Payment Bonds. The Contractor must post Performance and Payment
Bonds each in an amount equal to one hundred percent (100%) of the payments due
Contractor to insure the prompt and faithful performance of this Contract by Contractor
and to insure prompt payment to the subcontractors and suppliers of the Contractor. The
Bonds must be in a form approved by the City. Contractor must provide the Bond to the City
before commencing work and together with the executed contract document. If the
Performance and/or Payment Bond are not submitted as provided herein, this Contract will
be considered void.
[BONDS ARE REQUIRED FOR A CONSTRUCTION CONTRACT THAT IS $175,000 OR MORE; THEY
ARE OPTIONAL (AT CITY DISCRETION) FOR ANY CONTRACT THAT IS LESS THAN $175,000]
17. Subcontractor. The Contractor must bind every subcontractor and every subcontractor must
agree to be bound by the terms of this Contract as far as applicable to its work, unless
specifically noted to the contrary in a subcontract approved in writing as adequate by the
City. The Contractor must pay any subcontractor involved in the performance of this
Contract within the ten (10) days of the Contractor's receipt of payment by the City for
undisputed services provided by the subcontractor. If the Contractor fails within that time
to pay the subcontractor any undisputed amount for which the Contractor has received
payment by the City, the Contractor must pay interest to the subcontractor on the unpaid
amount at the rate of 1.5 percent per month or any part of a month. The minimum monthly
interest penalty payment for an unpaid balance of $100 or more is $10. For an unpaid
balance of less than $100, the Contractor will pay the actual interest penalty due to the
subcontractor. A subcontractor who prevails in a civil action to collect interest penalties
from the Contractor may be awarded its costs and disbursements, including attorney's fees,
incurred in bringing the action.
18. Responsible Contractor. Contractor warrants under oath that Contractor is in compliance
with the minimum criteria required of a “responsible contractor” as that term is defined in
Minnesota Statutes § 16C.285, subd. 3. Contractor has provided to City a list of all of its
first-tier subcontractors and motor carriers that it intends to retain for work on the project.
The Contractor has obtained from all subcontractors and motor carriers with which it will
have a direct contractual relationship a signed statement under oath by an owner or officer
Standard Construction Contract (rev. 4/2026) Page 7 of 15
verifying that the subcontractor or motor carrier meets all of the minimum criteria in §
16C.285, subd. 3. If Contractor retains additional subcontractors or motor carriers on the
project after submitting its verification of compliance, the Contractor must obtain
verification of compliance from each additional subcontractor and motor carrier with which
it has a direct contractual relationship and must submit to the City a supplemental
verification confirming the subcontractor’s and motor carrier’s compliance with subdivision
3, clause (7), within 14 days of retaining the additional subcontractors or motor carriers.
Contractor must submit to the City upon request copies of the signed verifications of
compliance from all subcontractors and motor carriers of any tier pursuant to Minn. Stat. §
16C.285, subd. 3(7). A false statement under oath, by Contractor, subcontractor, or motor
carrier, verifying compliance with any of the minimum criteria may result in termination of
the Contract.
19. Independent Contractor. Contractor is an independent contractor engaged by City to
perform the services described herein and as such (i) may employ such persons as it deems
necessary and appropriate for the performance of its obligations pursuant to this Contract,
who will be employees, and under the direction, of Contractor and in no respect employees
of City, and (ii) will have no authority to employ persons, or make purchases of equipment
on behalf of City, or otherwise bind or obligate City. No statement herein may be construed
to find the Contractor an employee of the City.
20. Insurance.
a. General Liability. Prior to starting the Work, Contractor must 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 must
include, but not be limited to, minimum coverages and limits of liability specified in
this Paragraph, required by law, or the insurance coverage actually obtained by
Contractor, whichever is greater.
b. Contractor must 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
Standard Construction Contract (rev. 4/2026) Page 8 of 15
$5,000 medical expense
Comprehensive Automobile
Liability $1,000,000 combined single limit each accident
(must 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 must be on
ISO form CG 00 01 12 07 or CG 00 01 04 13, or the equivalent. Such insurance must
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 may 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 must 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, must name the “City of Eden
Prairie” as an additional insured, including products and completed operations.
f. All policies must contain a waiver of subrogation in favor of the City.
g. All polices, except the Worker’s Compensation Policy, must insure the defense and
indemnity obligations assumed by Contractor under this Contract.
h. Contractor agrees to maintain all coverage required herein throughout the term of
the Contract and for a minimum of two (2) years following City’s written acceptance
of the Work.
i. It is Contractor’s responsibility to pay any retention or deductible for the coverage’s
required herein.
j. All policies must contain a provision or endorsement that coverages afforded
thereunder will 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.
Standard Construction Contract (rev. 4/2026) Page 9 of 15
k. Contractor must 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.
l. A copy of the Contractor’s Certificate of Insurance evidencing 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 must be provided. Such documents evidencing
Insurance must be in a form acceptable to City and must provide satisfactory
evidence that Contractor has complied with all insurance requirements. Renewal
certificates must 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 will 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.
m. 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) 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 will 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.
Standard Construction Contract (rev. 4/2026) Page 10 of 15
21. Indemnification. Contractor will defend and indemnify City, its officers, agents, and
employees and hold them harmless from and against all judgments, claims, damages, costs
and expenses, including a reasonable amount as and for its attorney’s fees paid, incurred or
for which it may be liable resulting from any breach of this Contract by Contractor, its
agents, contractors and employees, or any negligent or intentional act or omission
performed, taken or not performed or taken by Contractor, its agents, contractors and
employees, relative to this Contract. City will indemnify and hold Contractor harmless from
and against any loss for injuries or damages arising out of the negligent acts of the City, its
officers, agents, or employees.
22. Ownership of Documents. All plans, diagrams, analyses, reports, and information
generated in connection with the performance of the Contract (“Information”) will become
the property of the City, but Contractor may retain copies of such documents as records of
the services provided. The City may use the Information for its purposes and the Contractor
also may use the Information for its purposes. Use of the Information for the purposes of
the project contemplated by this Contract does not relieve any liability on the part of the
Contractor, but any use of the Information by the City or the Contractor beyond the scope
of this Contract is without liability to the other, and the party using the Information agrees
to defend and indemnify the other from any claims or liability resulting therefrom.
23. ADA Title II Compliance for Digital Content. The following provisions apply only to the
extent Contractor’s obligations under this Agreement require it to produce content that will
be posted on the City’s website or digital apps.
a. Compliance with Accessibility Laws. The Contractor must ensure that all digital
content, documents, materials, deliverables, and services produced under this
Agreement that are intended for publication on, or integration with, the City’s
public-facing website (collectively, “Digital Content”) comply with all applicable
federal, state, and local accessibility laws and regulations, including, but not limited
to, the Americans with Disabilities Act (ADA), Title II, and its implementing
regulations (28 C.F.R. Part 35).
b. Accessibility Standards. At a minimum, all Digital Content must conform to the Web
Content Accessibility Guidelines (WCAG) 2.1 Level AA, or any subsequent version
adopted by the City or required by applicable law. This includes, but is not limited to,
content such as documents, images, videos, audio, maps, and interactive features.
c. Maps and Non-Accessible Content. To the extent Contractor produces map-based,
GIS, or other inherently visual or technically constrained content that cannot be
made fully accessible, Contractor must:
i. notify the City in writing in advance;
ii. provide a detailed explanation of the accessibility limitations; and
Standard Construction Contract (rev. 4/2026) Page 11 of 15
iii. supply equivalent alternative formats, data, or descriptions sufficient to
enable the City to provide meaningful access to individuals with disabilities in
compliance with ADA Title II.
24. Mediation. Each dispute, claim or controversy arising from or related to this Contract is
subject to mediation as a condition precedent to the initiation of any legal or equitable
proceeding by either party. The mediator will be selected by mutual agreement of the
parties, and the costs of mediation will be shared equally. Unless otherwise agreed in
writing, mediation will be held in the City of Eden Prairie. Any resolution reached through
mediation must be documented in a written mediated settlement agreement, which will be
binding on the parties and enforceable in any court of competent jurisdiction.
General Terms And Conditions
25. Assignment. Neither party may assign this Contract, nor any interest arising under this
Contract, without the written consent of the other party.
26. Compliance with Laws and Regulations. In providing services under this Contract, the
Contractor must abide by statutes, ordinances, rules, and regulations pertaining to the
services to be provided. Any violation of statutes, ordinances, rules, and regulations
pertaining to the services will constitute a material breach of this Contract and entitle the
City to immediately terminate this Contract.
27. Conflicts. No salaried officer or employee of the City and no member of the Council of the
City may have a financial interest, direct or indirect, in this Contract. The violation of this
provision renders the Contract void.
28. Counterparts. This Contract may be executed in multiple counterparts, each of which will
be considered an original.
29. Damages. In the event of a breach of this Contract by either party, the non-breaching party
will not be entitled to recover punitive, special, or consequential damages or damages for
loss of business.
30. Enforcement. The Contractor will reimburse the City for all costs and expenses incurred by
the City in enforcing any of its rights or remedies under this Contract, whether during the
term of this Contract or thereafter, including, without limitation, reasonable attorneys’ fees.
31. Entire Contract, Construction, Application, and Interpretation. This Contract is entered into
in furtherance of the City’s public purpose mission and must be construed, interpreted, and
applied in accordance with that mission. This Contract constitutes the entire agreement
between the parties and supersedes all prior and contemporaneous oral or written
agreements, negotiations, and understandings relating to its subject matter. Any
amendment, modification, deletion, or waiver of any provision of this Contract will be
Standard Construction Contract (rev. 4/2026) Page 12 of 15
effective only if set forth in a written document signed by both parties, unless otherwise
expressly provided herein.
32. Governing Law. This Contract will be governed by the laws of the State of Minnesota.
33. Non-Discrimination. During the performance of this Contract, the Contractor must not
discriminate against any employee or applicant for employment because of race, color,
creed, religion, national origin, sex, marital status, status with regard to public assistance,
disability, sexual orientation, gender identity, or age. The Contractor must 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 must incorporate the foregoing
requirements of this paragraph in all its subcontracts for Work under this Contract, and
must require all of its subcontractors for such work to incorporate such requirements in all
sub-subcontracts for Work. The Contractor further agrees to comply with all aspects of the
Minnesota Human Rights Act, Minnesota Statutes Chapter 363A, Title VI of the Civil Rights
Act of 1964, and the Americans with Disabilities Act of 1990.
34. Notice. Any notice required or permitted to be given by a party upon the other is given in
accordance with this Contract if it is directed to either party by delivering it personally to an
officer of the party, or if mailed in a sealed wrapper by United States registered or certified
mail, return receipt requested, postage prepaid, or if deposited cost paid with a nationally
recognized, reputable overnight courier, properly addressed to the address listed on page 1
hereof. Notices will be deemed effective on the earlier of the date of receipt or the date of
mailing or deposit, provided, however, that if notice is given by mail or deposit, that the
time for response to any notice by the other party will 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 specified above, 10
days prior to the effective date of such change.
35. Rights and Remedies. The duties and obligations imposed by this Contract and the rights
and remedies available thereunder are in addition to and not a limitation of any duties,
obligations, rights, and remedies otherwise imposed or available by law.
36. Services Not Provided For. No claim for services furnished by the Contractor not specifically
provided for under this Contract will be honored by the City.
37. Severability. If any provision of this Agreement is held to be invalid, illegal, or
unenforceable by a court of competent jurisdiction, such determination will not affect the
validity or enforceability of the remaining provisions of this Agreement. The parties intend
that this Agreement be enforced to the fullest extent permitted under Minnesota law, and
any invalid, illegal, or unenforceable provision be deemed modified to the minimum extent
necessary to make it valid and enforceable, consistent with the parties’ original intent.
38. Statutory Provisions.
Standard Construction Contract (rev. 4/2026) Page 13 of 15
a. Audit Disclosure. In accordance with Minn. Stat. § 16C.05, subd. 5, the books,
records, documents and accounting procedures and practices of the Contractor or
other parties relevant to this Contract are subject to examination by the City and
either the Legislative Auditor or the State Auditor for a period of six (6) years after
the effective date of this Contract. This provision will survive the completion or
termination of this Contract.
b. Data Practices. Any reports, information, or data in any form given to, or prepared
or assembled by the Contractor under this Contract which the City requests to be
kept confidential, must not be made available to any individual or organization
without the City's prior written approval. This Contract is subject to the Minnesota
Government Data Practices Act, Minnesota Statutes Chapter 13 (“MGDPA”). In
accordance with Minn. Stat. § 13.05, subd. 11, to the extent this Contract requires
Contractor to perform any function of the City, all government data, as defined in
Minn. Stat. § 13.02, subd. 7, which is created, collected, received, stored, used,
maintained, or disseminated by Contractor in performing any of the functions of the
City during performance of this Contract is subject to the requirements of the
MGDPA and Contractor will comply with those requirements as if it were a
government entity. All subcontracts entered into by Contractor in relation to this
Contract must contain similar MGDPA compliance language. These obligations will
survive the completion or termination of the Contract.
39. Waiver. Any waiver by either party of a breach of any provisions of this Contract will not
affect, in any respect, the validity of the remainder of this Contract.
(signatures on following page)
Standard Construction Contract (rev. 4/2026) Page 14 of 15
CITY OF EDEN PRAIRIE
__________________________________
Mayor
___________________________________
Manager
CONTRACTOR
By: ________________________________
Its: ________________________________
Standard Construction Contract (rev. 4/2026) Page 15 of 15
EXHIBIT A
Proposal/Scope of Work
City Council Agenda Cover Memo
Date: April 21, 2026
Section: Consent Calendar
Item Number: VII.F.
Department: Parks and Recreation - Matt Bourne, Parks and Natural Resources Manager
ITEM DESCRIPTION
Approve the agreement with WSB, Inc. for the development of construction documents and
bidding for the Flying Cloud Drive Trail Project.
REQUESTED ACTION
Move to: Approve the Professional Services Agreement with WSB, Inc. for the Flying Cloud Drive
Trail Project.
SUMMARY
During the reconstruction of Flying Cloud Drive, a trail was added from Charlson Road west to
Highway 101. Staff is proposing to have WSB design and complete construction documents to
continue this trail to the east and north to Pioneer Trail. This trail would fill in a large missing
link in our system and give pedestrians a safe space to commute and recreate.
ATTACHMENTS
Attachment 1 – Standard Agreement for Professional Services
Attachment 2 – Exhibit A
(rev. 4/2026)
Standard Agreement for Professional Services
This Agreement for Professional Services (“Agreement”) is made on this 21st day of April, 2026,
between the City of Eden Prairie, Minnesota, a municipal corporation (“City”), whose business
address is 8080 Mitchell Road, Eden Prairie, MN 55344, and WSB, Inc., a Minnesota
Corporation (“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 Documents and Bidding for the Flying Cloud Drive Trail
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 (Professional Services Proposal for Trail along Flying Cloud Drive) 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 will not be in effect in any manner.
2. Term. The term of this Agreement will be from April 21, 2026 through project bidding,
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 $114,634.00 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 will 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.
Page 2 of 10 (rev. 4/2026)
b. Special Consultants may be utilized by the Consultant when required by the
complex or specialized nature of the Project and when authorized in writing by
the City.
c. If Consultant is delayed in performance due to any cause beyond its reasonable
control, including but not limited to strikes, riots, fires, acts of God,
governmental actions, actions of a third party, or actions or inactions of City, the
time for performance will 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 will 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 will give thorough
consideration to all reports, sketches, estimates, drawings, and other documents
presented by the Consultant, and will 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 will 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. The City will appoint a representative with respect to the
work to be performed under this Agreement. The City representative will 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 will submit to the City, on a monthly basis, an
itemized invoice for professional services performed under this Agreement. Invoices
submitted will 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 must
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 must
Page 3 of 10 (rev. 4/2026)
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 must provide an itemized listing and such
documentation as reasonably required by the City. Each invoice must 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 will 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 only 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 must 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 will 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 must 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 will
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 must put forth reasonable efforts to complete its duties in a timely
manner. Consultant will not be responsible for delays caused by factors beyond its
control or that could not be reasonably foreseen at the time of execution of this
Contract. Consultant will 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 upon seven (7) days’
written notice delivered to the other party at the address written above. Upon
termination, if there is no fault of the Consultant, the Consultant will be paid for services
rendered and reimbursable expenses until the effective date of termination. If the City
terminates the Agreement because the Consultant has failed to perform in accordance
Page 4 of 10 (rev. 4/2026)
with this Agreement, no further payment will be made to the Consultant, and the City
may retain another consultant to undertake or complete the Work identified herein.
9. Subcontractor. The Consultant may 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 must 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 must 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 must pay the actual interest penalty due to the subcontractor. A
subcontractor who prevails in a civil action to collect interest penalties from the
Consultant will 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
deems necessary and appropriate for the performance of its obligations pursuant to this
Agreement, who will be employees, and under the direction, of Consultant and in no
respect employees of City, and (ii) will have no authority to employ persons, or make
purchases of equipment on behalf of City, or otherwise bind or obligate City. No
statement herein may be construed so as to find the Consultant an employee of the
City.
11. Insurance.
a. General Liability. Prior to starting the Work, Consultant must 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 must 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, 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
Page 5 of 10 (rev. 4/2026)
Consultant’s agreement with the subcontractor for purposes of the City’s review
of compliance with the requirements of this paragraph.
c. Consultant must 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
d. Commercial General Liability. The Commercial General Liability Policy must be on
ISO form CG 00 01 12 07 or CG 00 01 04 13, or the equivalent. Such insurance
must 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 may 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 must maintain a professional liability insurance policy in the amount
of $2,000,000. Said policy need not name the City as an additional insured.
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.
Page 6 of 10 (rev. 4/2026)
g. All policies, except the Worker’s Compensation Policy, Automobile Policy, and
Professional Liability Policy, must name the “City of Eden Prairie” as an
additional insured including products and completed operations.
h. All policies, except the Professional Liability Policy, must apply on a “per project”
basis.
i. All General Liability policies, Automobile Liability policies and Umbrella policies
must 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, must be primary and non-contributory.
k. All polices, except the Worker’s Compensation Policy and the Professional
Liability Policy, must insure the defense and indemnity obligations assumed by
Consultant under this Agreement. The Professional Liability policy must 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 is Consultant’s responsibility to pay any retention or deductible for the
coverages required herein.
n. All policies must 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 must 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 must be provided.
Such documents evidencing Insurance must be in a form acceptable to City and
must provide satisfactory evidence that Consultant has complied with all
Page 7 of 10 (rev. 4/2026)
insurance requirements. Renewal certificates must 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 will 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. 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) to the extent necessary to afford the same protection as would
have been provided by the specified insurance. Except to the extent prohibited by
law, this indemnity applies regardless of any strict liability or negligence
attributable to the City (including sole negligence) and regardless of the extent to
which the underlying occurrence (i.e., the event giving rise to a claim which would
have been covered by the specified insurance) is attributable to the negligent or
otherwise wrongful act or omission (including breach of contract) of Consultant,
its subcontractors, agents, employees or delegates. Consultant agrees that this
indemnity will 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.
r. 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,
Page 8 of 10 (rev. 4/2026)
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. ADA Title II Compliance for Digital Content. The following provisions apply only to the
extent Consultant’s obligations under this Agreement require it to produce content that
will be posted on the City’s website or digital apps.
a. Compliance with Accessibility Laws. Consultant must ensure that all digital
content, documents, materials, deliverables, and services produced under this
Agreement that are intended for publication on, or integration with, the City’s
public-facing website (collectively, “Digital Content”) comply with all applicable
federal, state, and local accessibility laws and regulations, including, but not
limited to, the Americans with Disabilities Act (ADA), Title II, and its
implementing regulations (28 C.F.R. Part 35).
b. Accessibility Standards. At a minimum, all Digital Content must conform to the
Web Content Accessibility Guidelines (WCAG) 2.1 Level AA, or any subsequent
version adopted by the City or required by applicable law. This includes, but is
not limited to, content such as documents, images, videos, audio, maps, and
interactive features.
c. Maps and Non-Accessible Content. To the extent Consultant produces map-
based, GIS, or other inherently visual or technically constrained content that
cannot be made fully accessible, Consultant must:
i. notify the City in writing in advance;
ii. provide a detailed explanation of the accessibility limitations; and
iii. supply equivalent alternative formats, data, or descriptions sufficient to
enable the City to provide meaningful access to individuals with disabilities in
compliance with ADA Title II.
Page 9 of 10 (rev. 4/2026)
15. Mediation. Each dispute, claim or controversy arising from or related to this Agreement
is subject to mediation as a condition precedent to the initiation of any legal or
equitable proceeding by either party. The mediator will be selected by mutual
agreement of the parties, and the costs of mediation will be shared equally. Unless
otherwise agreed in writing, mediation will be held in the City of Eden Prairie. Any
resolution reached through mediation must be documented in a written mediated
settlement agreement, which will be binding on the parties and enforceable in any court
of competent jurisdiction.
General Terms And Conditions
16. Assignment. Neither party may assign this Agreement, nor any interest arising under
this Agreement, without the written consent of the other party.
17. Compliance with Laws and Regulations. In providing services under this Agreement, the
Consultant must abide by statutes, ordinances, rules, and regulations pertaining to the
services to be provided. Any violation of statutes, ordinances, rules, and regulations
pertaining to the services will 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 City Council
may 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
will be considered an original.
20. Damages. In the event of a breach of this Agreement by either party, the non-breaching
party will not be entitled to recover punitive, special, or consequential damages or
damages for loss of business.
21. Enforcement. The Consultant will reimburse the City for all costs and expenses incurred
by the City in enforcing any of its rights or remedies under this Agreement, whether
during the term of this Agreement or thereafter, including, without limitation,
reasonable attorneys’ fees.
22. Entire Agreement, Construction, Application, and Interpretation. This Agreement is
entered into in furtherance of the City’s public purpose mission and must be construed,
interpreted, and applied in accordance with that mission. This Agreement constitutes
the entire agreement between the parties and supersedes all prior and
contemporaneous oral or written agreements, negotiations, and understandings
relating to its subject matter. Any amendment, modification, deletion, or waiver of any
provision of this Agreement will be effective only if set forth in a written document
signed by both parties, unless otherwise expressly provided herein.
Page 10 of 10 (rev. 4/2026)
23. Governing Law. This Agreement will be governed by the laws of the State of Minnesota.
24. Non-Discrimination. During the performance of this Agreement, the Consultant must
not discriminate against any employee or applicant for employment because of race,
color, creed, religion, national origin, sex, marital status, status with regard to public
assistance, disability, sexual orientation, gender identity, or age. The Consultant must
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 must incorporate
the foregoing requirements of this paragraph in all its subcontracts for Work under this
Agreement, and must require all of its subcontractors for such work to incorporate such
requirements in all sub-subcontracts for Work. The Consultant further agrees to comply
with all aspects of the Minnesota Human Rights Act, Minnesota Statutes Chapter 363A,
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 will be deemed effective on the earlier
of the date of receipt or the date of mailing or deposit, provided, however, that if notice
is given by mail or deposit, that the time for response to any notice by the other party
will 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 specified above, 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 are 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 under this Agreement will be honored by the City.
28. Severability. If any provision of this Agreement is held to be invalid, illegal, or
unenforceable by a court of competent jurisdiction, such determination will not affect
the validity or enforceability of the remaining provisions of this Agreement. The parties
intend that this Agreement be enforced to the fullest extent permitted under Minnesota
law, and any invalid, illegal, or unenforceable provision be deemed modified to the
minimum extent necessary to make it valid and enforceable, consistent with the parties’
original intent.
29. Statutory Provisions.
Page 11 of 10 (rev. 4/2026)
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, must 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 Consultant 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 will
comply with those requirements as if it were a government entity. All
subcontracts entered into by Consultant in relation to this Agreement must
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 will
not affect, in any respect, the validity of the remainder of this Agreement.
Page 12 of 10 (rev. 4/2026)
Executed as of the day and year first written above.
CITY OF EDEN PRAIRIE
___________________________________
Mayor
___________________________________
City Manager
CONSULTANT
By: ________________________________
Its: _________________________________
Page 13 of 10 (rev. 4/2026)
EXHIBIT A
Quote/Proposal/Scope of Services
G:\.Clients All\Eden Prairie\Proposals\2026 Flying Cloud Trail\2026-04-07 LTR Prop M_Bourne - Trail along Flying Cloud Drive.docx 701 XENIA AVENUE S | SUITE 300 | MINNEAPOLIS, MN | 55416 | 763.541.4800 | WSBENG.COM April 7, 2026
Mr. Matt Bourne Manager of Parks & Natural Resources City of Eden Prairie
15150 Technology Drive Eden Prairie, MN 55344
Re: Professional Services Proposal for Trail along Flying Cloud Drive
Dear Matt:
I am pleased to present you with our proposal for design and bidding services for this trail project in the city of Eden Prairie. We understand the trail is desired to be located within the ROW on the
west side of CSAH 61 between Pioneer Trail and Charlson Road. The design is planned to occur this summer for bidding in the late summer or fall. We understand that this project is being funded by the city with no county, state, or federal funds. If non-local funds or grant funding is introduced, additional scope and fee may be required to satisfy the requirements of the funding agency.
Based on our understanding of the project, our proposed scope of services is defined below.
SCOPE OF SERVICES
1) PROJECT MANAGEMENT
a) This includes managing the scope of services, budget, and schedule to align with the
professional services agreement. The following tasks are included in our project
management scope:
i) One (1) kick-off meeting with city staff to review goals, schedule and budget of the
project.
ii) Monthly check-ins during design phase (via virtual meeting or email summary).
iii) Internal meetings / coordination with staff resources to deliver the project.
2) PREDESIGN
a) Topographic Survey
i) Consultant will perform field work and develop a topographical survey of the
proposed area to be developed. This survey will be prepared in AutoCAD format.
(1) Individual tree locations will be surveyed in open areas. Edges of tree lines will
be surveyed in densely wooded areas.
(2) ROW limits will be based on county GIS data.
(a) NOTE: A ROW boundary survey is not included. If the trail design suggests
the need to get close to ROW limits, we can collect locations of iron markers
in the field and add to the topo survey for specific limits as additional
services.
b) Geotechnical Investigation and Report
i) Consultant will coordinate, collect and deliver the following:
(1) 6 Standard Penetration Test borings to depths of 5 feet, 1 SPT boring to 10 feet
Matt Bourne March 31, 2026 Page 2
(2) Project setup, rig mobilization, utility clearance, traffic control
(3) Laboratory testing and preparation of boring logs
(4) Consultant will prepare a geotechnical report with recommendations for trail
pavements. The boring logs, lab tests and soil classifications will be included in
the report.
c) Wetland Delineation
i) Task 1: Wetland Delineation
(1) All wetlands and surface water features (wet ditches, stormwater ponds,
tributaries) will be delineated and characterized within the defined review limits.
Prior to the site visit, WSB will review the Hennepin County Soil Survey, MnDNR
Public Waters Inventory, MnDNR National Wetland Inventory, FEMA flood zone
map, contours, and historic aerial photos for the project area.
(2) Following review of that data, WSB will complete a Level 2 wetland delineation in
conformance with the US Army Corps of Engineers Wetlands Delineation Manual
(US Army Corps of Engineers, 1987) and the Midwest Regional Supplement.
Wetland boundaries will be flagged in the field.
(3) Consultant’s certified wetland delineators will perform Level 1 (desktop) and
Level 2 (field) delineation within the project area. Delineation will be performed
per the US Army Corps of Engineers (USACE) 1987 Wetland Delineation Manual
and Midwest Regional Supplement. Data collection will include soils, vegetation,
and hydrology and boundaries will be delineated based on the presence or
absence of those three indicators.
(4) Boundaries will be demarcated using pink pin flags and surveyed using sub-
meter accuracy handheld GPS units. Resources will be identified as wetland, wet
ditch, lake, or tributary. Information such as historic aerial imagery (from Level 1
delineation) or topography maps will be used to determine if a resource is
incidental.
ii) Task 2: Delineation Report and Boundary/Type and No-loss Approval
(1) The field wetland delineation data will be compiled into a wetland delineation
report. Based on the assumption that aquatic resources within the defined review
limits are incidental, a formal no-loss request will be included in the delineation
report and MN Joint Application and will be submitted to the City of Eden Prairie,
the Local Government Unit (LGU) for WCA approval.
(2) A final, approved wetland boundary electronic (CAD, GIS) file will be delivered to
the client following LGU approval.
(3) This task includes a return trip to the site to meet with the LGU and Technical
Evaluation Panel (TEP), to verify the delineated wetland boundaries and discuss
the no-loss request and 1 round of revisions per LGU comments.
iii) NOTE: Wetland mitigation and additional permitting are not included. If these are
required for the proposed trail, we will identify the extent after the trail alignment is
determined and provide scope/fee for additional services to provide mitigation and
permitting.
3) FINAL DESIGN
a) Construction plans and specifications:
i) Consultant will prepare final documents for the improvements as approved by the
Client. The bid documents shall include plans, details and other drawings as
Matt Bourne March 31, 2026 Page 3
necessary, as well as written specifications in sufficient detail to pursue competitive
bids for the construction of the improvements, along with an itemized bid form and an
estimate of probable cost for construction. Specifications will be based on MnDOT
standard specifications. Plans will be provided to and reviewed with Client at 50%
and 95% stages of design progression. Plans will include the following:
(1) Cover Sheet/Index
(2) Removals Plan
(3) Layout Plans
(4) Grading
(5) Stormwater Utility Plan
(6) Erosion Control and Site SWPPP Plans / NPDES Permit
(7) Spot elevations for key finished grade elements
(8) Landscape/Restoration Plan
(9) Construction Details
ii) Design Review Meetings:
(1) Two (2) virtual design review meetings with Client (50% and 95%).
b) Structural Engineering:
i) Engineering associated with the CSAH 61 box culvert modifications. This includes
review of existing facility and development of design / calculations / details for
extending the box culvert and installing wing walls for the trail project.
c) Stormwater Design and Permitting:
i) The scope includes drainage design for the proposed trail including culverts that
might be necessary to convey drainage through the roadside ditch modified by the
project. It also includes BMP design to meet the Lower Minnesota River Watershed
District (LMRWD), NPDES Construction Stormwater General Permit and NPDES
MS4 General Permit. The LMRWD exempts trails that are 10 ft or less bordered
downgradient by pervious area at least half the trail width. However, it is assumed
that this won't be possible along the entire trail corridor and that the LMRWD
Stormwater Management rule will be triggered. This scope includes preparation of
the LMRWD Individual Project Permit Application for the Stormwater Management
and Erosion and Sediment Control rules and coordination with the watershed through
the permitting process. It assumes one round of comments from LMRWD and one
resubmittal.
4) BIDDING
a) Consultant will provide support to Client during the project bidding process based on two
separate bids / phases of work. Services include:
i) Responding to questions that arise during the bidding process and issuing addenda.
ii) It is understood that the Client will facilitate the bidding process.
FEES FOR PROFESSIONAL SERVICES
1. Fees for the services outlined in Scope of Services paragraphs 1 through 4 above will be billed on an hourly not-to-exceed basis of $114,634. Below is a breakdown of the proposed fees by main categories of the work.
Matt Bourne March 31, 2026 Page 4
Category of Work Fee
Project Management $7,587 Predesign – Topo Survey $6,414 Predesign – Geotechnical $9,500 Predesign – Wetland Delineation $5,092 Design and review meetings $45,111 Structural Engineering (box culvert extension) $23,602 Stormwater Design / Permit App $10,321 Bidding $3,007 Estimated Reimbursable Expenses $4,000
Total $114,634
For additional services, including any services not specifically outlined in this proposal,
fees will be billed on an hourly basis according to WSB’s current hourly rate schedule for
the time in which the work is performed.
If you have any questions about this proposal, please reach out to me at 612.518.3696. Thank you.
Sincerely,
WSB
Jason L. Amberg, PLA
Director of Landscape Architecture
ACCEPTED BY: City of Eden Prairie
By: Title:
Date:
City Council Agenda Cover Memo
Date: April 21, 2026
Section: Consent Calendar
Item Number: VII.G.
Department: Parks and Recreation – Tyler Menden, Park Construction Supervisor
ITEM DESCRIPTION
Award Contract for the 2026 Homeward Hills Park Hard Court Rehabilitation.
REQUESTED ACTION
Move to: Award Contact for the 2026 Homeward Hills Park Hard Court Rehabilitation to BKJ
Land Co II Inc DBA BKJ Excavating.
SUMMARY
The Scope of this project is to remove and replace existing parking lot pavement and cracked
concrete sidewalk panels near parking lot. Correcting the slope of ADA parking stalls and
concrete sidewalk leading up to the entrance of the Jacques Barn to match ADA Specifications.
Funding for the rehabilitation of the parking lot comes from the Capital Maintenance and
Reinvestment under the Parks and Recreation Department.
Bid Summary and Recommendation
BKJ Land Co: $112,076.25
MN Roadways Co.: $126,232.69
DMJ Asphalt Inc: $142,415.07
Plehal Blacktopping LLC: $147,715.34
ATTACHMENTS
Form of Contact with Exhibit A
(rev. 4/2026)
Standard Construction Contract
This Standard Construction Contract (“Contract”) is made on the 21st day of April, 2026,
between the City of Eden Prairie, Minnesota (“City”), whose business address is 8080 Mitchell
Road, Eden Prairie, MN 55344, and BKJ Land Co II DBA BKJ Excavating, a Minnesota
Company(“Contractor”), whose business address is 18075 Dairy Lane, Jordan, MN 55352.
Preliminary Statement
The City has adopted a policy regarding the selection and hiring of contractors to provide a
variety of services for City projects. That policy requires that persons, firms, or corporations
providing such services enter into written agreements with the City. The purpose of this
Contract is to set forth the terms and conditions for the provision of services by Contractor for
Homeward Hill Park Hard Court Rehabilitation hereinafter referred to as the “Work.”
The City and Contractor agree as follows:
1. Scope of Work/Proposal. The Contractor agrees to provide, perform and complete all the
provisions of the Work in accordance with attached Exhibit A. Any general or specific
conditions, terms, agreements, contractor or industry proposal, or contract terms attached
to or a part of Exhibit A are declined in full and, accordingly, are deleted and will not be in
effect in any manner.
2. Time of Commencement and Completion. The Work to be performed under this Contract
will be commenced immediately after execution of this Contract. The Work must be
completed by 6/15/2026.
3. Compensation for Services. City agrees to pay the Contractor a fixed sum of $112,076.25 as
full and complete payment for the labor, materials and services rendered pursuant to this
Contract and as described in Exhibit A.
a. Any changes in the scope of the work which may result in an increase to the
compensation due the Contractor will 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 will be extended by a period of time lost by reason of the delay.
Standard Construction Contract (rev. 4/2026) Page 2 of 15
Contractor will be entitled to payment for its reasonable additional charges, if any,
due to the delay.
4. Method of Payment. The Contractor will submit to the City, on a monthly basis, an itemized
invoice for services performed under this Contract. Invoices submitted will be paid in the
same manner as other claims made to the City.
a. Invoices. Contractor must verify that all statements submitted for payment in
compliance with Minnesota Statutes Sections 471.38 and 471.391. For reimbursable
expenses, if provided for in Exhibit A, the Contractor must provide an itemized listing
and such documentation as reasonably required by the City. Each invoice must
contain the City’s project number and a progress summary showing the original (or
amended) amount of the contract, current billing, past payments, and unexpended
balance of the contract. Each invoice must be accompanied by general lien waiver
and further lien waivers from all subcontractors on the project waiving liens for work
for which payment was requested by Contractor and paid for by City on the
preceding invoice.
b. Claims. By making the claim for payment under this Contract, the person making the
claim is declaring that the account, claim, or demand is just and correct and that no
part of it has been paid.
c. Final Payment. Contractor’s request for final payment must be accompanied by
Contractor’s affidavit that all payrolls, bills for materials and equipment, and other
indebtedness connected with the Work for which the City or its property might in
any way be responsible, have been paid or otherwise satisfied. Final payment,
constituting the entire unpaid balance of the Contract Sum, will be paid by the City
to the Contractor when the Work has been completed, the Contract fully performed,
and the City accepts the Work in writing. The acceptance of final payment will
constitute a waiver of all claims by the Contractor except those previously made in
writing and identified by the Contractor as unsettled at the time of Application for
Final Payment.
d. Income Tax Withholding. No final payment will be made to the Contractor until the
Contractor has provided satisfactory evidence to the City that the Contractor and
each of its subcontracts has complied with the provisions of Minn. Stat. Section
290.92 relating to withholding of income taxes upon wages. A certificate from the
Commissioner of Revenue satisfies this requirement.
5. Standard of Care. Contractor must 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 will 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
Standard Construction Contract (rev. 4/2026) Page 3 of 15
must put forth reasonable efforts to complete its duties in a timely manner. Contractor will
not be responsible for delays caused by factors beyond its control or that could not be
reasonably foreseen at the time of execution of this Contract. Contractor will be responsible
for costs, delays or damages arising from unreasonable delays in the performance of its
duties.
6. Project Manager and Staffing. The Contractor must 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 will be assisted by other staff members as necessary to
facilitate the completion of the Work in accordance with the terms established herein.
Contractor may not remove or replace the Project Manager without the approval of the
City.
7. Condition and Inspection. All goods and other materials furnished under this Contract must
be new and in current manufacture, unless otherwise specified, and all goods and work
must be of good quality, free from faults and defects and in conformance with this Contract.
All goods and work not conforming to these requirements will be considered defective.
Goods will be subject to inspection and testing by the City. Defective goods or goods not in
current manufacture may be returned to the Contractor at the Contractor’s expense.
8. Correction of Work. The Contractor must promptly correct all Work rejected by the City as
defective or as failing to conform under this Contract whether observed before or after
completion of the Work and whether or not fabricated, installed, or completed. The
Contractor will bear all costs of correcting such rejected Work.
9. Warranty. The Contractor expressly warrants and guarantees to the City that all Work
performed and all materials furnished will be in accord with the Contract and will 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 will have all other
remedies available under this Contract, at law or in equity.
Should any defects develop in the materials, workmanship or operation of the system
within the specified period, upon notice from the City, the Contractor agrees, within ten
(10) calendar days after receiving written notice and without expense to the City, to repair,
replace and in general to perform all necessary corrective Work with regard to the defective
or nonconforming Work or materials to the satisfaction of the City. THE FOREGOING WILL
NOT IN ANY MANNER LIMIT THE CITY’S REMEDY OR THE CONTRACTOR’S LIABILITY TO
THOSE DEFECTS APPEARING WITHIN THE WARRANTY PERIOD. The Contractor agrees to
perform the Work in a manner and at a time so as to minimize any damages sustained by
the City and so as to not interfere with or in any way disrupt the operation of the City or the
public.
Standard Construction Contract (rev. 4/2026) Page 4 of 15
The corrective Work referred to above will 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 must post bonds to secure the warranties.
10. Private Property. The Contractor may not enter upon private property for any purpose
without having previously obtained permission from the City. The Contractor is responsible
for the preservation of, and must use every precaution to prevent damage to all trees,
shrubbery, plants, lawns, fences, culverts, bridges, pavements, driveways, sidewalks, etc.; all
water, sewer and gas lines; all conduits; all overhead pole lines or appurtenances thereof; and
all other public or private property along or adjacent to the work.
11. Removal of Construction Equipment, Tools, and Supplies. At the termination of this
Contract, before acceptance of the Work by the City, the Contractor must remove all of
Contractor’s equipment, tools, and supplies from the property of the City. Should the
Contractor fail to remove such equipment, tools and supplies, the City will have the right to
remove them and deduct the cost of removal from any amount owed to Contractor.
12. Suspension of Work by City. The City may at any time suspend the Work, or any part thereof,
by giving ten (10) days' notice to the Contractor in writing. The Contractor must resume the
Work within ten (10) days after the date fixed in the written notice from the City to the
Contractor to resume. If the City’s suspension of all or part of the Work causes additional
expenses not due to the fault or negligence of the Contractor, the City will reimburse the
Contractor for the additional expenses. Claims for such compensation, with complete
substantiating records, must be filed with the City within ten (10) days after the date of order
to resume Work to receive consideration. This paragraph may not be construed as entitling
the Contractor to compensation for delays due to inclement weather, failure to furnish
additional surety or sureties specified herein, for suspension made at the request of the
Contractor, or for any other delay provided for in this Contract.
13. City’s Right to Carry Out the Work. If the Contractor defaults or neglects to carry out the
Work in accordance with the Contract or fails to perform any provisions of the Contract, the
City may, after ten (10) days written notice to the Contractor and without prejudice to any
other remedy the City may have, make good such deficiencies. In such case an appropriate
Change Order will be issued deducting from the payment then or thereafter due the
Contractor the cost of correcting such deficiencies. If the payments then or thereafter due
the Contractor are not sufficient to cover such amount, the Contractor must pay the
difference to the City.
Standard Construction Contract (rev. 4/2026) Page 5 of 15
14. City’s Right to Terminate Contract and Complete the Work. The City has the right to
terminate this Contract for any of the following reasons:
a. The Contractor is adjudged bankrupt, makes a general assignment for the benefit of
creditors, or becomes insolvent;
b. Failure of Contractor to supply adequate properly skilled workmen or proper
materials;
c. Failure of Contractor to make prompt payment to subcontractor for material or labor;
d. Any disregard of laws, ordinances, or proper instructions of the City;
e. Assignment or work without permission of the City;
f. Abandonment of the work by Contractor;
g. Failure to meet the work progress schedule set forth in this Contract;
h. Unnecessary delay which, in the judgment of the City, will result in the work not being
completed in the prescribed time.
Termination of the Contract will be preceded by ten (10) days written notice by the City to the
Contractor and its surety stating the grounds for termination and the measures, if any, which
must be taken to assure compliance with the Contract. The Contract will be terminated at the
expiration of such ten (10) day period unless the City withdraws its notice of termination.
Upon termination of the Contract by the City, the City may, without prejudice to any other
remedy the City may have, take possession of the site and of all materials, equipment, tools,
construction equipment, and machinery thereon owned by the Contractor and may finish
the Work by whatever methods the City may deem expedient at the Contractor’s expense.
Upon Contract termination, the Contractor will not be entitled to receive any further payment
until the Work is finished. If the unpaid balance of the contract price exceeds the expense of
finishing the Work, including compensation for additional managerial and administrative
services, the excess will be paid to the Contractor. If such expense exceeds the unpaid
balance, the Contractor will pay the difference to the City.
If the Contractor abandons the Work, fails or refuses to complete the Work or fails to pay just
claims for labor or material, the City reserves the right to charge against the Contractor all
legal, engineering, or other costs resulting from such abandonment, failure, or refusal. Legal
costs will include the City's cost of prosecuting or defending any suit in connection with such
abandonment, failure or refusal, and non-payment of claims wherein the City is made co-
defendant, and the Contractor agrees to pay all costs, including reasonable attorney's fees.
Standard Construction Contract (rev. 4/2026) Page 6 of 15
15. Contractor’s Right to Terminate Contract. The Contractor may terminate this Contract upon
ten (10) days written notice to the City for any of the following reasons:
a. If an order of any court or other public authority caused the Work to be stopped or
suspended for a period of 90 days through no act or fault of the Contractor or its
employees.
b. If the City fails to pay any undisputed sum owed Contractor within forty-five (45) days
after the sum becomes due.
16. Performance and Payment Bonds. The Contractor must post Performance and Payment
Bonds each in an amount equal to one hundred percent (100%) of the payments due
Contractor to insure the prompt and faithful performance of this Contract by Contractor
and to insure prompt payment to the subcontractors and suppliers of the Contractor. The
Bonds must be in a form approved by the City. Contractor must provide the Bond to the City
before commencing work and together with the executed contract document. If the
Performance and/or Payment Bond are not submitted as provided herein, this Contract will
be considered void.
[BONDS ARE REQUIRED FOR A CONSTRUCTION CONTRACT THAT IS $175,000 OR MORE; THEY
ARE OPTIONAL (AT CITY DISCRETION) FOR ANY CONTRACT THAT IS LESS THAN $175,000]
17. Subcontractor. The Contractor must bind every subcontractor and every subcontractor must
agree to be bound by the terms of this Contract as far as applicable to its work, unless
specifically noted to the contrary in a subcontract approved in writing as adequate by the
City. The Contractor must pay any subcontractor involved in the performance of this
Contract within the ten (10) days of the Contractor's receipt of payment by the City for
undisputed services provided by the subcontractor. If the Contractor fails within that time
to pay the subcontractor any undisputed amount for which the Contractor has received
payment by the City, the Contractor must pay interest to the subcontractor on the unpaid
amount at the rate of 1.5 percent per month or any part of a month. The minimum monthly
interest penalty payment for an unpaid balance of $100 or more is $10. For an unpaid
balance of less than $100, the Contractor will pay the actual interest penalty due to the
subcontractor. A subcontractor who prevails in a civil action to collect interest penalties
from the Contractor may be awarded its costs and disbursements, including attorney's fees,
incurred in bringing the action.
18. Responsible Contractor. Contractor warrants under oath that Contractor is in compliance
with the minimum criteria required of a “responsible contractor” as that term is defined in
Minnesota Statutes § 16C.285, subd. 3. Contractor has provided to City a list of all of its
first-tier subcontractors and motor carriers that it intends to retain for work on the project.
The Contractor has obtained from all subcontractors and motor carriers with which it will
have a direct contractual relationship a signed statement under oath by an owner or officer
Standard Construction Contract (rev. 4/2026) Page 7 of 15
verifying that the subcontractor or motor carrier meets all of the minimum criteria in §
16C.285, subd. 3. If Contractor retains additional subcontractors or motor carriers on the
project after submitting its verification of compliance, the Contractor must obtain
verification of compliance from each additional subcontractor and motor carrier with which
it has a direct contractual relationship and must submit to the City a supplemental
verification confirming the subcontractor’s and motor carrier’s compliance with subdivision
3, clause (7), within 14 days of retaining the additional subcontractors or motor carriers.
Contractor must submit to the City upon request copies of the signed verifications of
compliance from all subcontractors and motor carriers of any tier pursuant to Minn. Stat. §
16C.285, subd. 3(7). A false statement under oath, by Contractor, subcontractor, or motor
carrier, verifying compliance with any of the minimum criteria may result in termination of
the Contract.
19. Independent Contractor. Contractor is an independent contractor engaged by City to
perform the services described herein and as such (i) may employ such persons as it deems
necessary and appropriate for the performance of its obligations pursuant to this Contract,
who will be employees, and under the direction, of Contractor and in no respect employees
of City, and (ii) will have no authority to employ persons, or make purchases of equipment
on behalf of City, or otherwise bind or obligate City. No statement herein may be construed
to find the Contractor an employee of the City.
20. Insurance.
a. General Liability. Prior to starting the Work, Contractor must 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 must
include, but not be limited to, minimum coverages and limits of liability specified in
this Paragraph, required by law, or the insurance coverage actually obtained by
Contractor, whichever is greater.
b. Contractor must 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
Standard Construction Contract (rev. 4/2026) Page 8 of 15
$5,000 medical expense
Comprehensive Automobile
Liability $1,000,000 combined single limit each accident
(must 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 must be on
ISO form CG 00 01 12 07 or CG 00 01 04 13, or the equivalent. Such insurance must
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 may 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 must 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, must name the “City of Eden
Prairie” as an additional insured, including products and completed operations.
f. All policies must contain a waiver of subrogation in favor of the City.
g. All polices, except the Worker’s Compensation Policy, must insure the defense and
indemnity obligations assumed by Contractor under this Contract.
h. Contractor agrees to maintain all coverage required herein throughout the term of
the Contract and for a minimum of two (2) years following City’s written acceptance
of the Work.
i. It is Contractor’s responsibility to pay any retention or deductible for the coverage’s
required herein.
j. All policies must contain a provision or endorsement that coverages afforded
thereunder will 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.
Standard Construction Contract (rev. 4/2026) Page 9 of 15
k. Contractor must 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.
l. A copy of the Contractor’s Certificate of Insurance evidencing 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 must be provided. Such documents evidencing
Insurance must be in a form acceptable to City and must provide satisfactory
evidence that Contractor has complied with all insurance requirements. Renewal
certificates must 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 will 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.
m. 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) 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 will 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.
Standard Construction Contract (rev. 4/2026) Page 10 of 15
21. Indemnification. Contractor will defend and indemnify City, its officers, agents, and
employees and hold them harmless from and against all judgments, claims, damages, costs
and expenses, including a reasonable amount as and for its attorney’s fees paid, incurred or
for which it may be liable resulting from any breach of this Contract by Contractor, its
agents, contractors and employees, or any negligent or intentional act or omission
performed, taken or not performed or taken by Contractor, its agents, contractors and
employees, relative to this Contract. City will indemnify and hold Contractor harmless from
and against any loss for injuries or damages arising out of the negligent acts of the City, its
officers, agents, or employees.
22. Ownership of Documents. All plans, diagrams, analyses, reports, and information
generated in connection with the performance of the Contract (“Information”) will become
the property of the City, but Contractor may retain copies of such documents as records of
the services provided. The City may use the Information for its purposes and the Contractor
also may use the Information for its purposes. Use of the Information for the purposes of
the project contemplated by this Contract does not relieve any liability on the part of the
Contractor, but any use of the Information by the City or the Contractor beyond the scope
of this Contract is without liability to the other, and the party using the Information agrees
to defend and indemnify the other from any claims or liability resulting therefrom.
23. ADA Title II Compliance for Digital Content. The following provisions apply only to the
extent Contractor’s obligations under this Agreement require it to produce content that will
be posted on the City’s website or digital apps.
a. Compliance with Accessibility Laws. The Contractor must ensure that all digital
content, documents, materials, deliverables, and services produced under this
Agreement that are intended for publication on, or integration with, the City’s
public-facing website (collectively, “Digital Content”) comply with all applicable
federal, state, and local accessibility laws and regulations, including, but not limited
to, the Americans with Disabilities Act (ADA), Title II, and its implementing
regulations (28 C.F.R. Part 35).
b. Accessibility Standards. At a minimum, all Digital Content must conform to the Web
Content Accessibility Guidelines (WCAG) 2.1 Level AA, or any subsequent version
adopted by the City or required by applicable law. This includes, but is not limited to,
content such as documents, images, videos, audio, maps, and interactive features.
c. Maps and Non-Accessible Content. To the extent Contractor produces map-based,
GIS, or other inherently visual or technically constrained content that cannot be
made fully accessible, Contractor must:
i. notify the City in writing in advance;
ii. provide a detailed explanation of the accessibility limitations; and
Standard Construction Contract (rev. 4/2026) Page 11 of 15
iii. supply equivalent alternative formats, data, or descriptions sufficient to
enable the City to provide meaningful access to individuals with disabilities in
compliance with ADA Title II.
24. Mediation. Each dispute, claim or controversy arising from or related to this Contract is
subject to mediation as a condition precedent to the initiation of any legal or equitable
proceeding by either party. The mediator will be selected by mutual agreement of the
parties, and the costs of mediation will be shared equally. Unless otherwise agreed in
writing, mediation will be held in the City of Eden Prairie. Any resolution reached through
mediation must be documented in a written mediated settlement agreement, which will be
binding on the parties and enforceable in any court of competent jurisdiction.
General Terms And Conditions
25. Assignment. Neither party may assign this Contract, nor any interest arising under this
Contract, without the written consent of the other party.
26. Compliance with Laws and Regulations. In providing services under this Contract, the
Contractor must abide by statutes, ordinances, rules, and regulations pertaining to the
services to be provided. Any violation of statutes, ordinances, rules, and regulations
pertaining to the services will constitute a material breach of this Contract and entitle the
City to immediately terminate this Contract.
27. Conflicts. No salaried officer or employee of the City and no member of the Council of the
City may have a financial interest, direct or indirect, in this Contract. The violation of this
provision renders the Contract void.
28. Counterparts. This Contract may be executed in multiple counterparts, each of which will
be considered an original.
29. Damages. In the event of a breach of this Contract by either party, the non-breaching party
will not be entitled to recover punitive, special, or consequential damages or damages for
loss of business.
30. Enforcement. The Contractor will reimburse the City for all costs and expenses incurred by
the City in enforcing any of its rights or remedies under this Contract, whether during the
term of this Contract or thereafter, including, without limitation, reasonable attorneys’ fees.
31. Entire Contract, Construction, Application, and Interpretation. This Contract is entered into
in furtherance of the City’s public purpose mission and must be construed, interpreted, and
applied in accordance with that mission. This Contract constitutes the entire agreement
between the parties and supersedes all prior and contemporaneous oral or written
agreements, negotiations, and understandings relating to its subject matter. Any
amendment, modification, deletion, or waiver of any provision of this Contract will be
Standard Construction Contract (rev. 4/2026) Page 12 of 15
effective only if set forth in a written document signed by both parties, unless otherwise
expressly provided herein.
32. Governing Law. This Contract will be governed by the laws of the State of Minnesota.
33. Non-Discrimination. During the performance of this Contract, the Contractor must not
discriminate against any employee or applicant for employment because of race, color,
creed, religion, national origin, sex, marital status, status with regard to public assistance,
disability, sexual orientation, gender identity, or age. The Contractor must 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 must incorporate the foregoing
requirements of this paragraph in all its subcontracts for Work under this Contract, and
must require all of its subcontractors for such work to incorporate such requirements in all
sub-subcontracts for Work. The Contractor further agrees to comply with all aspects of the
Minnesota Human Rights Act, Minnesota Statutes Chapter 363A, Title VI of the Civil Rights
Act of 1964, and the Americans with Disabilities Act of 1990.
34. Notice. Any notice required or permitted to be given by a party upon the other is given in
accordance with this Contract if it is directed to either party by delivering it personally to an
officer of the party, or if mailed in a sealed wrapper by United States registered or certified
mail, return receipt requested, postage prepaid, or if deposited cost paid with a nationally
recognized, reputable overnight courier, properly addressed to the address listed on page 1
hereof. Notices will be deemed effective on the earlier of the date of receipt or the date of
mailing or deposit, provided, however, that if notice is given by mail or deposit, that the
time for response to any notice by the other party will 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 specified above, 10
days prior to the effective date of such change.
35. Rights and Remedies. The duties and obligations imposed by this Contract and the rights
and remedies available thereunder are in addition to and not a limitation of any duties,
obligations, rights, and remedies otherwise imposed or available by law.
36. Services Not Provided For. No claim for services furnished by the Contractor not specifically
provided for under this Contract will be honored by the City.
37. Severability. If any provision of this Agreement is held to be invalid, illegal, or
unenforceable by a court of competent jurisdiction, such determination will not affect the
validity or enforceability of the remaining provisions of this Agreement. The parties intend
that this Agreement be enforced to the fullest extent permitted under Minnesota law, and
any invalid, illegal, or unenforceable provision be deemed modified to the minimum extent
necessary to make it valid and enforceable, consistent with the parties’ original intent.
38. Statutory Provisions.
Standard Construction Contract (rev. 4/2026) Page 13 of 15
a. Audit Disclosure. In accordance with Minn. Stat. § 16C.05, subd. 5, the books,
records, documents and accounting procedures and practices of the Contractor or
other parties relevant to this Contract are subject to examination by the City and
either the Legislative Auditor or the State Auditor for a period of six (6) years after
the effective date of this Contract. This provision will survive the completion or
termination of this Contract.
b. Data Practices. Any reports, information, or data in any form given to, or prepared
or assembled by the Contractor under this Contract which the City requests to be
kept confidential, must not be made available to any individual or organization
without the City's prior written approval. This Contract is subject to the Minnesota
Government Data Practices Act, Minnesota Statutes Chapter 13 (“MGDPA”). In
accordance with Minn. Stat. § 13.05, subd. 11, to the extent this Contract requires
Contractor to perform any function of the City, all government data, as defined in
Minn. Stat. § 13.02, subd. 7, which is created, collected, received, stored, used,
maintained, or disseminated by Contractor in performing any of the functions of the
City during performance of this Contract is subject to the requirements of the
MGDPA and Contractor will comply with those requirements as if it were a
government entity. All subcontracts entered into by Contractor in relation to this
Contract must contain similar MGDPA compliance language. These obligations will
survive the completion or termination of the Contract.
39. Waiver. Any waiver by either party of a breach of any provisions of this Contract will not
affect, in any respect, the validity of the remainder of this Contract.
(signatures on following page)
Standard Construction Contract (rev. 4/2026) Page 14 of 15
CITY OF EDEN PRAIRIE
__________________________________
Mayor
___________________________________
Manager
CONTRACTOR
By: ________________________________
Its: ________________________________
Standard Construction Contract (rev. 4/2026) Page 15 of 15
EXHIBIT A
Proposal/Scope of Work
City Council Agenda Cover Memo
Date: April 21, 2026
Section: Consent Calendar
Item Number: VII.H.
Department: Chief Matt Sackett, Police
ITEM DESCRIPTION
Interview room cameras for new police department.
REQUESTED ACTION
Approve quote from Axon Enterprises for interview room cameras in new police department.
SUMMARY
The new police department build is in need of additional cameras for the interview rooms. The
attach quote is the cost of the additional cameras totaling $62,113.36. This quote includes all
additional components needed for the install and delineates the billing payment summary.
ATTACHMENTS
Axon quote
Page 1 Q-805418-46114TD
Q-805418-46114TD
Issued: 04/02/2026
Quote Expiration: 03/31/2026
Estimated Contract Start Date: 07/01/2026
Account Number: 129989
Payment Terms: N30
Mode of Delivery: AUTO-GND
Credit/Debit Amount: $0.00
SHIP TO BILL TO SALES REPRESENTATIVE PRIMARY CONTACT
Eden Prairie Police Dept.- MN
8080 Mitchell RdEden Prairie,
MN
55344-2203
USA
Eden Prairie Police Dept.- MN
8080 Mitchell Rd
Eden Prairie
MN
55344-2203
USA Email: jkoras@edenprairie.org
Trevor Dorn
Phone:
Email: tdorn@axon.com
Fax:
Jordan Koras
Phone: 9529496275
Email: jkoras@edenprairiemn.gov
Fax:
Quote Summary Discount Summary
Program Length 44 Months Average Savings Per Year $8,181.82
TOTAL COST $62,113.36
ESTIMATED TOTAL W/ TAX $62,113.36 TOTAL SAVINGS $30,000.00
Axon Enterprise, Inc.
17800 N 85th St
Scottsdale, Arizona 85255
United States
VAT: 86-0741227
Domestic:(800) 978-2737
International: +1.800.978.2737
Page 2 Q-805418-46114TD
Payment Summary
Date Subtotal Tax Total
Jun 2026 $15,528.34 $0.00 $15,528.34
Feb 2027 $15,528.34 $0.00 $15,528.34
Feb 2028 $15,528.34 $0.00 $15,528.34
Feb 2029 $15,528.34 $0.00 $15,528.34
Total $62,113.36 $0.00 $62,113.36
Page 3 Q-805418-46114TD
Quote Unbundled Price:$92,113.36
Quote List Price:$92,113.36
Quote Subtotal:$62,113.36
Pricing
All deliverables are detailed in Delivery Schedules section lower in proposal
Item Description Qty Term Unbundled List Price Net Price Subtotal Tax Total
A la Carte Hardware
74056 AXON INTERVIEW - TOUCH PANEL WALL MOUNT 1 $64.00 $64.00 $64.00 $0.00 $64.00
50118 AXON INTERVIEW - MIC - WIRED (STANDARD MIC)2 $209.00 $209.00 $418.00 $0.00 $418.00
50298 AXON INTERVIEW - CAMERA - OVERT DOME 2 $985.00 $985.00 $1,970.00 $0.00 $1,970.00
50322 AXON INTERVIEW - TOUCH PANEL PRO 1 $2,532.00 $2,532.00 $2,532.00 $0.00 $2,532.00
74116 AXON INTERVIEW - COVERT ENCLOSURE 5 $110.00 $110.00 $550.00 $0.00 $550.00
50118 AXON INTERVIEW - MIC - WIRED (STANDARD MIC)5 $209.00 $209.00 $1,045.00 $0.00 $1,045.00
50114 AXON INTERVIEW - CAMERA - COVERT SENSOR 5 $356.00 $356.00 $1,780.00 $0.00 $1,780.00
50218 AXON INTERVIEW - CAMERA - COVERT MAIN UNIT 5 $700.00 $700.00 $3,500.00 $0.00 $3,500.00
50295 AXON INTERVIEW - SERVER - PRO 2 $5,413.00 $5,413.00 $10,826.00 $0.00 $10,826.00
A la Carte Software
50039 AXON INTERVIEW - CLIENT SOFTWARE - MAINT. PER TOUCH PANEL 1 44 $27.43 $27.43 $1,206.92 $0.00 $1,206.92
50037 AXON INTERVIEW - CLIENT SOFTWARE - PER TOUCH
PANEL-PC 1 44 $1,500.00 $1,500.00 $1,500.00 $0.00 $1,500.00
50045 AXON EVIDENCE - STORAGE - INTERVIEW ROOM
UNLIMITED 7 44 $108.68 $108.68 $33,473.44 $0.00 $33,473.44
A la Carte Services
85170 AXON INTERVIEW - INSTALLATION - STANDARD (PER
ROOM)6 $5,000.00 $0.00 $0.00 $0.00 $0.00
A la Carte Warranties
101648 AXON INTERVIEW - EXT WARRANTY - 5 YEARS 7 $464.00 $464.00 $3,248.00 $0.00 $3,248.00
Total $62,113.36 $0.00 $62,113.36
Delivery Schedule
Hardware
Bundle Item Description QTY Shipping Location Estimated Delivery Date
A la Carte 50114 AXON INTERVIEW - CAMERA - COVERT SENSOR 5 1 06/01/2026
A la Carte 50118 AXON INTERVIEW - MIC - WIRED (STANDARD MIC)2 1 06/01/2026
A la Carte 50118 AXON INTERVIEW - MIC - WIRED (STANDARD MIC)5 1 06/01/2026
A la Carte 50218 AXON INTERVIEW - CAMERA - COVERT MAIN UNIT 5 1 06/01/2026
A la Carte 50295 AXON INTERVIEW - SERVER - PRO 2 1 06/01/2026
A la Carte 50298 AXON INTERVIEW - CAMERA - OVERT DOME 2 1 06/01/2026
A la Carte 50322 AXON INTERVIEW - TOUCH PANEL PRO 1 1 06/01/2026
A la Carte 74056 AXON INTERVIEW - TOUCH PANEL WALL MOUNT 1 1 06/01/2026
A la Carte 74116 AXON INTERVIEW - COVERT ENCLOSURE 5 1 06/01/2026
Page 4 Q-805418-46114TD
Software
Bundle Item Description QTY Estimated Start Date Estimated End Date
A la Carte 50037 AXON INTERVIEW - CLIENT SOFTWARE - PER TOUCH PANEL-
PC 1 07/01/2026 02/28/2030
A la Carte 50039 AXON INTERVIEW - CLIENT SOFTWARE - MAINT. PER TOUCH
PANEL 1 07/01/2026 02/28/2030
A la Carte 50045 AXON EVIDENCE - STORAGE - INTERVIEW ROOM UNLIMITED 7 07/01/2026 02/28/2030
Services
Bundle Item Description QTY
A la Carte 85170 AXON INTERVIEW - INSTALLATION - STANDARD (PER ROOM)6
Warranties
Bundle Item Description QTY Estimated Start Date Estimated End Date
A la Carte 101648 AXON INTERVIEW - EXT WARRANTY - 5 YEARS 7
Page 5 Q-805418-46114TD
Shipping Locations
Location Number Street City State Zip Country
1 8080 Mitchell Rd Eden Prairie MN 55344-2203 USA
Payment Details
Jun 2026
Invoice Plan Item Description Qty Subtotal Tax Total
Year 1 101648 AXON INTERVIEW - EXT WARRANTY - 5 YEARS 7 $812.00 $0.00 $812.00
Year 1 50037 AXON INTERVIEW - CLIENT SOFTWARE - PER TOUCH PANEL-PC 1 $375.00 $0.00 $375.00
Year 1 50039 AXON INTERVIEW - CLIENT SOFTWARE - MAINT. PER TOUCH PANEL 1 $301.73 $0.00 $301.73
Year 1 50045 AXON EVIDENCE - STORAGE - INTERVIEW ROOM UNLIMITED 7 $8,368.36 $0.00 $8,368.36
Year 1 50114 AXON INTERVIEW - CAMERA - COVERT SENSOR 5 $445.00 $0.00 $445.00
Year 1 50118 AXON INTERVIEW - MIC - WIRED (STANDARD MIC)2 $104.50 $0.00 $104.50
Year 1 50118 AXON INTERVIEW - MIC - WIRED (STANDARD MIC)5 $261.25 $0.00 $261.25
Year 1 50218 AXON INTERVIEW - CAMERA - COVERT MAIN UNIT 5 $875.00 $0.00 $875.00
Year 1 50295 AXON INTERVIEW - SERVER - PRO 2 $2,706.50 $0.00 $2,706.50
Year 1 50298 AXON INTERVIEW - CAMERA - OVERT DOME 2 $492.50 $0.00 $492.50
Year 1 50322 AXON INTERVIEW - TOUCH PANEL PRO 1 $633.00 $0.00 $633.00
Year 1 74056 AXON INTERVIEW - TOUCH PANEL WALL MOUNT 1 $16.00 $0.00 $16.00
Year 1 74116 AXON INTERVIEW - COVERT ENCLOSURE 5 $137.50 $0.00 $137.50
Year 1 85170 AXON INTERVIEW - INSTALLATION - STANDARD (PER ROOM)6 $0.00 $0.00 $0.00
Total $15,528.34 $0.00 $15,528.34
Feb 2027
Invoice Plan Item Description Qty Subtotal Tax Total
aDXRl0000019juz 101648 AXON INTERVIEW - EXT WARRANTY - 5 YEARS 7 $812.00 $0.00 $812.00
aDXRl0000019juz 50037 AXON INTERVIEW - CLIENT SOFTWARE - PER TOUCH PANEL-PC 1 $375.00 $0.00 $375.00
aDXRl0000019juz 50039 AXON INTERVIEW - CLIENT SOFTWARE - MAINT. PER TOUCH PANEL 1 $301.73 $0.00 $301.73
aDXRl0000019juz 50045 AXON EVIDENCE - STORAGE - INTERVIEW ROOM UNLIMITED 7 $8,368.36 $0.00 $8,368.36
aDXRl0000019juz 50114 AXON INTERVIEW - CAMERA - COVERT SENSOR 5 $445.00 $0.00 $445.00
aDXRl0000019juz 50118 AXON INTERVIEW - MIC - WIRED (STANDARD MIC)2 $104.50 $0.00 $104.50
aDXRl0000019juz 50118 AXON INTERVIEW - MIC - WIRED (STANDARD MIC)5 $261.25 $0.00 $261.25
aDXRl0000019juz 50218 AXON INTERVIEW - CAMERA - COVERT MAIN UNIT 5 $875.00 $0.00 $875.00
aDXRl0000019juz 50295 AXON INTERVIEW - SERVER - PRO 2 $2,706.50 $0.00 $2,706.50
aDXRl0000019juz 50298 AXON INTERVIEW - CAMERA - OVERT DOME 2 $492.50 $0.00 $492.50
aDXRl0000019juz 50322 AXON INTERVIEW - TOUCH PANEL PRO 1 $633.00 $0.00 $633.00
aDXRl0000019juz 74056 AXON INTERVIEW - TOUCH PANEL WALL MOUNT 1 $16.00 $0.00 $16.00
aDXRl0000019juz 74116 AXON INTERVIEW - COVERT ENCLOSURE 5 $137.50 $0.00 $137.50
aDXRl0000019juz 85170 AXON INTERVIEW - INSTALLATION - STANDARD (PER ROOM)6 $0.00 $0.00 $0.00
Total $15,528.34 $0.00 $15,528.34
Feb 2028
Invoice Plan Item Description Qty Subtotal Tax Total
aDXRl0000019jv0 101648 AXON INTERVIEW - EXT WARRANTY - 5 YEARS 7 $812.00 $0.00 $812.00
aDXRl0000019jv0 50037 AXON INTERVIEW - CLIENT SOFTWARE - PER TOUCH PANEL-PC 1 $375.00 $0.00 $375.00
aDXRl0000019jv0 50039 AXON INTERVIEW - CLIENT SOFTWARE - MAINT. PER TOUCH PANEL 1 $301.73 $0.00 $301.73
aDXRl0000019jv0 50045 AXON EVIDENCE - STORAGE - INTERVIEW ROOM UNLIMITED 7 $8,368.36 $0.00 $8,368.36
Page 6 Q-805418-46114TD
Feb 2028
Invoice Plan Item Description Qty Subtotal Tax Total
aDXRl0000019jv0 50114 AXON INTERVIEW - CAMERA - COVERT SENSOR 5 $445.00 $0.00 $445.00
aDXRl0000019jv0 50118 AXON INTERVIEW - MIC - WIRED (STANDARD MIC)2 $104.50 $0.00 $104.50
aDXRl0000019jv0 50118 AXON INTERVIEW - MIC - WIRED (STANDARD MIC)5 $261.25 $0.00 $261.25
aDXRl0000019jv0 50218 AXON INTERVIEW - CAMERA - COVERT MAIN UNIT 5 $875.00 $0.00 $875.00
aDXRl0000019jv0 50295 AXON INTERVIEW - SERVER - PRO 2 $2,706.50 $0.00 $2,706.50
aDXRl0000019jv0 50298 AXON INTERVIEW - CAMERA - OVERT DOME 2 $492.50 $0.00 $492.50
aDXRl0000019jv0 50322 AXON INTERVIEW - TOUCH PANEL PRO 1 $633.00 $0.00 $633.00
aDXRl0000019jv0 74056 AXON INTERVIEW - TOUCH PANEL WALL MOUNT 1 $16.00 $0.00 $16.00
aDXRl0000019jv0 74116 AXON INTERVIEW - COVERT ENCLOSURE 5 $137.50 $0.00 $137.50
aDXRl0000019jv0 85170 AXON INTERVIEW - INSTALLATION - STANDARD (PER ROOM)6 $0.00 $0.00 $0.00
Total $15,528.34 $0.00 $15,528.34
Feb 2029
Invoice Plan Item Description Qty Subtotal Tax Total
aDXRl0000019jv1 101648 AXON INTERVIEW - EXT WARRANTY - 5 YEARS 7 $812.00 $0.00 $812.00
aDXRl0000019jv1 50037 AXON INTERVIEW - CLIENT SOFTWARE - PER TOUCH PANEL-PC 1 $375.00 $0.00 $375.00
aDXRl0000019jv1 50039 AXON INTERVIEW - CLIENT SOFTWARE - MAINT. PER TOUCH PANEL 1 $301.73 $0.00 $301.73
aDXRl0000019jv1 50045 AXON EVIDENCE - STORAGE - INTERVIEW ROOM UNLIMITED 7 $8,368.36 $0.00 $8,368.36
aDXRl0000019jv1 50114 AXON INTERVIEW - CAMERA - COVERT SENSOR 5 $445.00 $0.00 $445.00
aDXRl0000019jv1 50118 AXON INTERVIEW - MIC - WIRED (STANDARD MIC)2 $104.50 $0.00 $104.50
aDXRl0000019jv1 50118 AXON INTERVIEW - MIC - WIRED (STANDARD MIC)5 $261.25 $0.00 $261.25
aDXRl0000019jv1 50218 AXON INTERVIEW - CAMERA - COVERT MAIN UNIT 5 $875.00 $0.00 $875.00
aDXRl0000019jv1 50295 AXON INTERVIEW - SERVER - PRO 2 $2,706.50 $0.00 $2,706.50
aDXRl0000019jv1 50298 AXON INTERVIEW - CAMERA - OVERT DOME 2 $492.50 $0.00 $492.50
aDXRl0000019jv1 50322 AXON INTERVIEW - TOUCH PANEL PRO 1 $633.00 $0.00 $633.00
aDXRl0000019jv1 74056 AXON INTERVIEW - TOUCH PANEL WALL MOUNT 1 $16.00 $0.00 $16.00
aDXRl0000019jv1 74116 AXON INTERVIEW - COVERT ENCLOSURE 5 $137.50 $0.00 $137.50
aDXRl0000019jv1 85170 AXON INTERVIEW - INSTALLATION - STANDARD (PER ROOM)6 $0.00 $0.00 $0.00
Total $15,528.34 $0.00 $15,528.34
Page 7 Q-805418-46114TD
Tax is estimated based on rates applicable at date of quote and subject to change at time of invoicing. If a tax exemption certificate should be applied, please submit
prior to invoicing.
Standard Terms and Conditions
Axon Enterprise Inc. Sales Terms and Conditions
Axon Master Services and Purchasing Agreement:
This Quote is limited to and conditional upon your acceptance of the provisions set forth herein and Axon’s Master Services and Purchasing Agreement
(posted at https://www.axon.com/sales-terms-and-conditions), as well as the attached Statement of Work (SOW) for Axon Fleet and/or Axon Interview
Room purchase, if applicable. In the event you and Axon have entered into a prior agreement to govern all future purchases, that agreement shall govern to
the extent it includes the products and services being purchased and does not conflict with the Axon Customer Experience Improvement Program Appendix
as described below.
ACEIP:
The Axon Customer Experience Improvement Program Appendix, which includes the sharing of de-identified segments of Agency Content with Axon to
develop new products and improve your product experience (posted at www.axon.com/legal/sales-terms-and-conditions), is incorporated herein by
reference. By signing below, you agree to the terms of the Axon Customer Experience Improvement Program.
Acceptance of Terms:
Any purchase order issued in response to this Quote is subject solely to the above referenced terms and conditions. By signing below, you represent that you
are lawfully able to enter into contracts. If you are signing on behalf of an entity (including but not limited to the company, municipality, or government agency
for whom you work), you represent to Axon that you have legal authority to bind that entity. If you do not have this authority, please do not sign this Quote.
Page 8 Q-805418-46114TD
Exceptions to Standard Terms and Conditions
Rewrite Estimates
Estimated Amounts and Contract Terminations. Any amounts stated as due under existing or terminated contracts — including contract transfer balances carried forward to
new or pending contracts — are estimates based on payments received as of the calculation date. These estimates may be adjusted if new contracts are not executed on the
anticipated dates or if expected payments are not made.
Refresh Shipment Timing
Technology Assurance Plan (TAP) Refresh Prior to Renewal. For Customers with expiring agreements that include TAP refresh rights, Axon may, in its discretion, ship
refresh hardware under the existing contract while renewal or replacement agreements are in progress. Any such shipments will be deemed made under the terms of the
existing contract until the new contract is fully executed, after which any applicable updates, fees, or adjustments will apply.
Shipment Timing
Shipment Variance. Estimated shipment dates are provided for planning purposes only and are not guarantees. Axon may ship hardware before or after the estimated
shipment date, and failure to meet an estimated shipment date will not, by itself, constitute a breach, provided Axon uses commercially reasonable efforts to meet estimated
shipment dates.
\s1\\d1\
Signature Date Signed
4/2/2026
Page 9 Q-805418-46114TD
PAGE1
STATEMENT OF WORK FOR THE
IMPLEMENTATION OF AXON INTERVIEW ROOM
FOR EDEN PRAIRIE POLICE DEPT.- MN ("SOW”)
Submitted By:
Axon Enterprise, Inc. (Axon) North 85th Street
PAGE2
1. PROJECT OVERVIEW:
1.1 SOFTWARE
The hardware and software detailed in this SOW includes, the listed functionality.
Axon Interview Room
1.2 DEFINITIONS
TERM DEFINITION
PARTIES
Agency Eden Prairie Police Dept.- MN who is identified within this SOW
End-Users Specific Agency groups that will use the system
Professional Services The services that Axon will provide within the scope of this SOW
SYSTEMS
Axon Systems Software solutions and Agency specific integrations developed by Axon
CJIS The Federal Bureau of Investigation’s Criminal Justice Information System
NCIC National Crime Information Center
Product The hardware and software solution being implemented as part of this SOW
Production Environment The operational environment where the Product will be accessed
PROJECT & MILESTONES
Project Scope of this SOW as defined by the work to be completed described herein
Project Change Order (PCO)Change order form outlined in Attachment B to be executed between Axon and Agency if a material change in scope is required
to this SOW
ACCEPTANCE
Blocker Issue impacting 50% or more users
Functional Acceptance Testing Testing the functionality of the system as configured for Agency
PAGE3
1.3 OUT OF PROJECT SCOPE
Axon is only responsible for performing the Professional Services described within this SOW. Any additional Professional Services that
are not defined explicitly by this SOW shall be done so through a Project Change Order. The following are considered outside the scope
of this Project:
Administration, management, or support of any internal City, County, State, Federal or Agency IT network or infrastructure
Third Party Products and Services costs related to the vendors or Agency’s cost of implementing the vendors or Agency’s
side of the integration
Changes made by Agency or Agency’s vendors
PAGE4
2. PROFESSIONAL SERVICES:
2.1 GENERAL
Axon will provide a project manager throughout entire project.
2.2 HARDWARE
2.2.1
will supply Servers.
o If agency grants access, Axon will unbox and rack servers.
o Agency will ensure servers are powered on with Windows installed prior to Install date.
o Agency may setup server per agencies standards for things such as, joining to the domain, antivirus, firewalls, etc, so long
as they do not degrade operations of Interview Server(s)
o Agency will provide onsite and remote access to Interview Server(s) as required by Axon installers. Axon will then configure
the Interview Server(s).
{{LOCATIONS_NAME
Agency will configure all network equipment.
Agency will prepare all rooms prior to installation.
o Removing all evidence from room.
o Removal of existing video solution. Axon will work on installation timing with Agency to ensure an adequate number of
rooms are available when possible.
PAGE5
PAGE6
2.3 INTERVIEW SOFTWARE
Agency will ensure an appropriate resource is available to configure/troubleshoot network communications between onsite
Interview Hardware. Agency will also assist in configure/troubleshoot connection to Axon Evidence.
Agency may setup server per agencies standards for things such as, joining to the domain, antivirus, firewalls, etc, so long
as they do not degrade operations of Interview Server(s)
Axon will install Axon Interview Server Application, Agency may be required to provide appropriate permissions/credentials.
Axon will install and configure Touch Panel Software.
2.4 READINESS
Axon will supply Agency with copy of current QA/Testing Checklist.
Axon will complete QA/Testing Checklist per room consisting of:
o Hardware Wiring
o Hardware Mounting
o Hardware Functionality
o Firmware Updates
o Software Install and Configuration
o Functional Test of all features
2.6 TRAINING
Axon will provide training materials that may be used by agency. Training materials will be customized for agencies
environment where applicable.
Agency will provide facilities and equipment for conducting the Training.
Train the Trainer: Axon will provide session(s), materials and support allowing Agency’s in-house trainers to conduct their
own Training. Agency is responsible for updating all Training materials after final acceptance.
PAGE7
3. PROJECT MANAGEMENT:
3.1 MANAGEMENT RESOURCES
Both Parties will assign a Point of Contact, Project Manager, or Project Coordinator to ensure completion of deliverables.
Axon’s Project Coordinator will ensure all team members from Axon and Agency are continually updated on the status of the
Project.
3.2 REQUIREMENTS PLANNING
All Proposed Project timelines will be documented during Project Management Kickoff call.
Once all requirements are agreed to, Axon’s Project Coordinator will work with Agency’s Project Manager to develop a Project
plan for Axon’s implementation.
3.3 CHANGE CONTROL
If any changes in the Project cause a material increase or decrease in fees, as determined by Axon, an adjustment in the
fees will be agreed upon and included in a signed PCO form.
Agency acknowledges a proposed change request might have an impact on both scheduling and cost for the Project that will
be outlined in the PCO form.
PAGE8
4. AGENCY COMMITMENTS:
Ensure the reasonable availability for meetings, phone or email of knowledgeable staff and personnel to provide timely and
accurate documentation and information to Axon.
Identify holidays, non-workdays or major events that may impact the Project.
Ensure Agency desktop or mobile systems and devices can access the Product.
Make available relevant systems if needed for assessment by Axon (including making these systems available to Axon via
remote access if possible).
Technical Systems Requirements
PAGE9
5. SUPPORT:
Axon will provide on-site installer/trainer support as part of project.
The Product undergoes updates and enhancements which Agency will automatically receive.
Axon will provide Agency’s End Users access to the help.axon.com support portal to submit and review service tickets.
For Technical Support assistance, Agency may contact a Technical Support representative at 800-978-2737, or via email at
Support@Axon.com. Online, email-based support and remote-location troubleshooting are included on an ongoing basis as
part of Agency’s investment in the Axon ecosystem. Phone support is available 24/7.
PAGE10
6. TERMS AND CONDITIONS:
This SOW is governed by the Master Services and Purchasing Agreement executed by the Parties.
AXON ENTERPRISE, INC.
Signature: _____________________
Name: _________________________
Title: _________________________
Date: _________________________
AGENCY
Signature: _________________________
Name: ____________________________
Title: _____________________________
Date: _____________________________
PAGE11
ATTACHMENT B - PROJECT CHANGE ORDER TEMPLATE
Date:
Axon Product or Service:
Change Order Details
AXON ENTERPRISE, INC.
Signature: _____________________
Name: _________________________
Title: _________________________
Date: _________________________
AGENCY
Signature: _________________________
Name: ____________________________
Title: _____________________________
Date: _____________________________
City Council Agenda Cover Memo
Date: April 21, 2026
Section: Consent Calendar
Item Number: VII.I.
Department: Rick Clark, Facilities Manager, Administration
ITEM DESCRIPTION
Public safety radio booster system for Police Department remodel project.
REQUESTED ACTION
Move to: Approve quote from ANCOM Communications in the amount of $68,969.97 for a public safety
radio booster system for the Police Department remodel project.
SUMMARY
Reliable 800 MHz radio coverage is a critical life-safety and operational need for the Police Department
remodel. This work will extend radio coverage into the remodeled side of the building and upgrade the
existing Police Department side to a full-building booster system so Police radios work throughout the
facility without coverage gaps.
Two quotes were obtained. ANCOM Communications submitted a quote of $68,969.97 and KonectaUSA
submitted a quote of $98,736.25.
ANCOM’s proposal includes installation and commissioning of a distributed antenna system with a roof
antenna, Class-A bi-directional amplifier, and interior antenna network to support in-building Police radio
coverage. Funding is included within the approved Police Department/City remodel budget.
Vendor Total Quote Selected Notes
ANCOM $68,969.97 Yes Recommended. Lower quote and current City vendor.
KonectaUSA $98,736.25 No Higher quote.
Staff recommends ANCOM based on the lower quote amount and because ANCOM is a current City
vendor for dispatch equipment service work.
ATTACHMENTS
ANCOM Communications quote
Eden Prairie PD Public Safety
800 MHz Radio Distributed
Antenna System Proposal
1 8 0 0 C l i f f R o a d E a s t
B u r n s v i l l e , M N 5 5 3 3 7
( 9 5 2 ) 8 0 8 -7 6 9 9
4 / 9 / 2 0 2 6
Contained herein is the proposal for installing and
commissioning the Public Safety Radio Distributed
Antenna System for the Eden Prairie PD Building.
Introduction
ANCOM Communications (ANCOM) is a Burnsville, MN based, Motorola-authorized
two-way radio dealer providing sales, service and rental of Motorola two-way radios and pagers.
Since 1991, ANCOM has worked with businesses to identify their communication needs and
provide cost-effective, innovative solutions. Our customer base spans the utility, manufacturing,
construction, chemical, government, and public safety industries.
ANCOM is a fully authorized Motorola Service Center. Since 1999, ATC has been
serving the communications service needs of commercial and public safety customers throughout
Minnesota and western Wisconsin. ATC is recognized as a “Motorola Service Elite Specialist.”
(Motorola’s highest service facility designation) We are also classified as a Certified Service
Center by the Electronics Technicians Association International, an independent national
organization.
Our technicians are career professionals in the communications industry. We invest
heavily on training and certification to ensure that our technical staff is at the fore-front of the
quickly evolving field.
Experience with ARMER
ANCOM has worked with the ARMER system since its inception in 2004. We were a
crucial part of the initial build out, and continue to be a part of each upgrade that takes
place. This includes the minor things such as firmware upgrades for mobile and portable radios,
as well as infrastructure upgrades at the site and dispatch PSAP levels.
We currently have service contracts with 72 municipalities/entities to support and
maintain their ARMER equipment. Some of these include Goodhue County, Allina Health, and
Scott County. Most of these contract customers are set up with automated alerting, and we can
often resolve a problem before any end users experience issues.
Additionally, we work closely with MNDOT and are aware of ARMER system changes
that could be system impacting for numerous agencies. This can save time, and ultimately
money by avoiding unnecessary trips to a customer location.
As in-building coverage enhancement becomes increasingly prevalent, ANCOM has
positioned itself at the forefront of technology and innovation. We have installed and
commissioned hundreds of in-building systems throughout Minnesota in all types of venues.
Providing cost effective, custom designed solutions to ensure that First Responders are never
without reliable communications.
DAS Experience
ANCOM has installed and commissioned many cellular enhancement systems across the
Midwest in a variety of different types of venues. We have installed distributed antenna systems
in commercial spaces, hospitals, industrial facilities, and stadiums. Each solution was
completely custom designed for the customer’s unique requirements.
We have good working relationships with all of the major carriers. This helps to ensure
that your system, once tuned up, will meet or exceed all expectations.
We are a complete turn-key solution vendor. Our in-building team can deliver any or all
aspects of a DAS project. From pre-site survey, to design, to construction, to optimization, every
task is handled professionally in-house. This makes us much more responsive to “last minute”
changes or modifications that can and do arise during construction.
Proposal Summary
Our proposed solution for the Eden Prairie PD Building is to install an amplified coaxial
Distributed Antenna System. This will consist of a donor antenna installed on the exterior roof
of the building, a Class-A Bi-directional Amplifier, and a network of coaxial cables and
antennas.
ARMER radio signal(s) will be collected by the donor antenna installed on the roof of the
building. New coax will be routed into the building through an existing or customer provided
penetration. Once inside, we will install new lightning protection bonded to the building
grounding system.
The Class-A Bi-directional Amplifier will be installed in the Upper-Level IDF room.
This amplifier will condition, filter, and be programmed to enhance the 800 MHz frequencies
used by First Responder personnel.
A Class-A amplifier is also called a channel-selective amplifier. They have the ability to
be programmed to enhance only desired frequencies in use by the local emergency responders.
The alternative is a Class-B amplifier which is also called band-selective.
We are proposing a Class-A amplifier for the following reasons:
• Channel selectivity. We will program the amplifier to enhance the frequencies
that are used in Hennepin County only. This will prevent other frequencies used
by adjacent counties from being brought into the building. If a subscriber radio
receives a control channel from more than one ARMER site at a similar power
level, it will "bounce" between those sites. This can cause the subscriber radio to
miss trunking commands from the Hennepin County control channel. This
problem manifests itself by some radios missing complete conversations, while a
radio sitting right next to it receives clearly.
• Interference mitigation. The amplifier we are proposing utilizes uplink muting.
This means that when a particular channel is not in use, the amplifier is essentially
turned off and not transmitting "dead air" back to the ARMER site. This muting
function is performed on a per-channel basis.
• Higher available power. All bi-directional amplifiers have a maximum rated RF
power output. In the case of this proposal that power output is 2 Watts or 33
dBm. A Class-B amplifier would take all the RF power in the assigned frequency
band and apply gain until it reaches the maximum power out. If an RF source that
was in-band, but not a desired ARMER channel (interfering channel) were present
at a relatively high level, maximum power output would be reached using very
little gain. That same gain level would be applied to all other RF sources in the
band. If the desired ARMER channels were received at a lower power level than
the interfering channel, they would be transmitted into the building at a lower
level also. A Class-A amplifier solves this problem by a) not amplifying
interfering channels in the first place, and b) applying gain on a per channel basis.
The Amplifier will be connected, on the serving side, to the network of plenum ½”
coaxial cable and serving antennas installed throughout the building. These antennas and coax
will distribute the signals to any First Responder radio located within the coverage area.
The entire system will be tuned and adjusted to provide optimal signal flow in both
directions. Upon completion of the install, we will perform signal testing inside the building to
ensure proper operation and adequate coverage.
Closeout documentation including test results, as-built diagrams, and equipment cut-
sheets will be provided to the customer once this project is completed.
Quote Breakdown
The price for this system, as designed, is as follows:
ARMER DAS Material: $ 41,144.97
ARMER DAS Labor: $ 27,825.00
Grand Total: $ 68,969.97
This quote is valid for 90 days from the date above.
Brandon Kollbaum Date: 4/9/2026
Systems Design/Senior RF Tech
Ancom Communications
Authority Having Jurisdiction Date:
Assumptions:
• This quote is based upon standard labor rates. If wage requirements (Prevailing wage,
Davis -Bacon or others) are later determined to apply, a change order will be required.
• 50% down payment is due after a quote is accepted and purchase order is granted to
ANCOM.
• Materials will be ordered ONLY after the 50% down payment and the remainder of the
balance is due NET30 after the installation is complete.
• All work can occur during normal business hours, M-F (8:00 AM - 4:30 PM)
• Escorts will not be required
• Acceptable equipment locations are available for the required equipment.
• Access to all areas will be made available throughout the entire process from project start
to completion.
• All ANCOM labor is non-union.
• All AC power is to be existing or furnished by others.
• Assumes existing accessible cable pathways in all risers.
• Systems to be installed per the design and any changes may result in additional material
and labor costs to be paid for by the customer.
• Delays beyond the control of ANCOM and their installers will result in additional costs
to be paid for by the customer.
• Project construction will be scheduled only after all materials have been received by
ANCOM.
• This proposal does not include any conduit systems. Any required conduit shall be
provided by others.
• All vertical cable pathways and exterior penetrations will be verified prior to installation
and are not included as part of this proposal.
• This Proposal does not include any applicable taxes. Applicable taxes will be added at
the time of invoice.
City Council Agenda Cover Memo
Date: April 21, 2026
Section: Consent Calendar
Item Number: VII.J.
Department: Rick Clark, Facilities Manager, Administration
ITEM DESCRIPTION
Vehicle key management system for Police Department
REQUESTED ACTION
Move to: Approve quote from Safeware in the amount of $21,682.60 and authorize procurement of a
vehicle key management system for the Police Department remodel project through OMNIA cooperative
purchasing contract #4400008468.
SUMMARY
Reliable and secure management of Police vehicle keys is an operational need for the Police Department.
This item will provide a dedicated vehicle key management system in the garage of the newly remodeled
Police Department.
A quote was obtained from Safeware through OMNIA cooperative purchasing contract in the amount of
$21,682.60. The quoted system includes a Traka Touch Pro S 60 key position cabinet, a one-year
TrakaWEB Pro license, and installation.
Funding for this purchase is included within the approved Police Department & City remodel budget.
ATTACHMENTS
Safeware Quote
QUOTATION
10279443
Safeware, Inc.
Order Date
Order Number
04/01/2026 15:20:14
Page
1 of 3
Quote Expires On: 05/31/2026
4403 Forbes Blvd.
Lanham, MD 20706-4328
USA
301-683-1234
www.safewareinc.com
Contract No:OMNIA Contract #4400008468
City of Eden Prairie
8080 Mitchell Road
Eden Prairie, MN 55344
Requested By: Rick Clark
Customer ID:
Eden Prairie, MN 55344
8080 Mitchell Road
Bill To:Ship To:
City of Eden Prairie
.
159475
PO Number
Q-79198
Taker Email
Freight Terms Phone Fax
Sales Representative
Angela Perkins aperkins@safewareinc.com
Freight Paid 804-236-0579 804-800-4490
Peter Van Kirk
Item ID
Item Description
Quantities
UOM
Disp.Unit Size
Pricing
UOM Unit
PriceUnit Size
PriceExtended
AllocatedOrdered Remaining
Description:
**Traka Web Pro is a annual license on a per
cabinet basis**
TrakaWEB software only. No integration with
Genetec. If required, addtional charges will be
incurred.
Traka Professional Services are required, and
installation will be completed by a Traka
Technician.
Traka Web Pro software is an on-premises
application. Please ensure end-user reviews the
enclosed O/S requirements
Order Note:
SSI0.00 EAEA 0.001.001.00 0.00
1.0 1.0***MARKED SSI (SENSITIVE SECURITY
INFORMATION***
PVANKIRK0.00 EAEA 0.001.001.00 0.00
1.0 1.0For questions regarding this proposal
19.1.3681 - 09/23/19
QUOTATION
10279443
Safeware, Inc.
Order Date
Order Number
04/01/2026 15:20:14
Page
2 of 3
Quote Expires On: 05/31/2026
4403 Forbes Blvd.
Lanham, MD 20706-4328
USA
301-683-1234
www.safewareinc.com
Contract No:OMNIA Contract #4400008468
Item ID
Item Description
Quantities
UOM
Disp.Unit Size
Pricing
UOM Unit
PriceUnit Size PriceExtended
AllocatedOrdered Remaining
Please contact:
Peter Van Kirk
Safeware, Inc.
North American Director-Government Security
Solutions
(M) 561-262-8343
(O) 561-400-1029
(F) 804-236-0429
(E) pvankirk@safewareinc.com
TAA KD-9-000010.00 EAEA 17,577.821.001.00 17,577.82
Safeware Catalog Price: 44,314.21 Contract Discount:41%Your Discount: 60.00
1.0 1.0Traka Touch Pro S with NGP
S Touch Pro 60 Key Position Cabinet
w/ HID Signo Reader, Cable Seals, ID
Tags, Clear Poly Door
TAA GP-2-03320.00 EAEA 285.461.001.00 285.46
Safeware Catalog Price: 736.90 Contract Discount:41%Your Discount: 61.00
1.0 1.0TrakaWeb Pro - 1 Year License
TW Pro - 1-24 systems - 1 year support
TAA GP-2-100350.00 EAEA 3,819.321.001.00 3,819.32
Safeware Catalog Price: 12,823.99 Contract Discount:41%Your Discount: 70.00
1.0 1.0New Deployment - TrakaWEB Pro
Traka Technician Onsite-Installation
OMNIA0.00 EAEA 0.001.001.00 0.00
1.0 1.0OMNIA Contract #4400008468
Lead Agency: Fairfax County, VA
Public Safety and Emergency Preparedness
Standard freight within continental US is paid, all
HAZMAT or expedited freight will be billed.
10/1/2018 - 9/30/2028
*Register with OMNIA at
www.omniapartners.com/publicsector
19.1.3681 - 09/23/19
QUOTATION
10279443
Safeware, Inc.
Order Date
Order Number
04/01/2026 15:20:14
Page
3 of 3
Quote Expires On: 05/31/2026
4403 Forbes Blvd.
Lanham, MD 20706-4328
USA
301-683-1234
www.safewareinc.com
Contract No:OMNIA Contract #4400008468
Item ID
Item Description
Quantities
UOM
Disp.Unit Size
Pricing
UOM Unit
PriceUnit Size PriceExtended
AllocatedOrdered Remaining
Sales Representative :
***Ask me about the leasing and financing options that Safeware offers!***
pvankirk@safewareinc.com
SUB-TOTAL:Total Lines:6 21,682.60
0.00TAX:
U.S. Dollars
21,682.60AMOUNT DUE:
19.1.3681 - 09/23/19
City Council Agenda Cover Memo
Date: April 21, 2026
Section: Consent Calendar
Item Number: VII.K.
Department: Rick Clark, Facilities Manager, Administration
ITEM DESCRIPTION
Mechanical Scope Adjustments for Police Department & City Remodel
REQUESTED ACTION
Approve change order with Weidner Mechanical in the amount of $35,159.00
SUMMARY
Additional ductwork was required to extend ductwork into the enclosure for Stair B to connect
to the existing roof penetrations which differed from as-built drawings. A gypsum soffit was
required to be added to provide a fire-rating around ductwork passing through rated stair
enclosure.
Additional hydronic piping was required to accommodate the revised location for a WSHP. The
location was adjusted to allow for improved serviceability of the unit while maximizing finished
ceiling heights.
This change order reflects the agreed-upon adjustments necessary to deliver the intended
design outcome while maintaining fairness to both the Contractor and the City.
ATTACHMENTS
Change Order with Weidner Mechanical
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BY (Signature)
City Council Agenda Cover Memo
Date: April 21, 2026
Section: Consent Calendar
Item Number: VII.L.
Department: Human Resources – Alecia Rose, Administrative Services/HR Director
ITEM DESCRIPTION
Direct Staff to not Waive the Monetary Limits on Tort Liability Established by Minnesota Statute
466.04.
REQUESTED ACTION
Move to: Direct staff to not waive the monetary limits on municipal tort liability established by
Minnesota Statutes 466.04.
SUMMARY
The City of Eden Prairie obtains liability coverage from the League of Minnesota Cities Insurance
Trust. Each City Council must formally decide whether to waive or not to waive the statutory
tort liability limits to the extent of the coverage purchased. Staff recommends that the City
choose not to waive.
ATTACHMENTS
Waiver Form
League of Minnesota Cities 1/1/2026 Liability Coverage Waiver Form Page 1
LIABILITY COVERAGE WAIVER FORM
Members who obtain liability coverage from LMCIT must decide whether to waive the statutory tort liability limits to
the extent of the coverage purchased. The decision to waive or not waive the statutory tort limits must be made
annually by the member’s governing body, in consultation with its attorney if necessary. The decision has the
following effects:
•If the member does not waive the statutory tort limits, an individual claimant could recover no more than
$500,000 on any claim to which the statutory tort limits apply. The total all claimants could recover for a single
occurrence to which the statutory tort limits apply would be limited to $1,500,000. These statutory tort limits
would apply regardless of whether the member purchases the optional LMCIT excess liability coverage.
•If the member waives the statutory tort limits and does not purchase excess liability coverage, a single claimant
could recover up to $2,000,000 for a single occurrence (under the waive option, the tort cap liability limits are
only waived to the extent of the member’s liability coverage limits, and the LMCIT per occurrence limit is
$2,000,000). The total all claimants could recover for a single occurrence to which the statutory tort limits apply
would also be limited to $2,000,000, regardless of the number of claimants.
•If the member waives the statutory tort limits and purchases excess liability coverage, a single claimant could
potentially recover an amount up to the limit of the coverage purchased. The total all claimants could recover for
a single occurrence to which the statutory tort limits apply would also be limited to the amount of coverage
purchased, regardless of the number of claimants.
Claims to which the statutory municipal tort limits do not apply are not affected by this decision.
Check one:
☐The member DOES NOT WAIVE the monetary limits on municipal tort liability established by
Minn. Stat. § 466.04.
☐The member WAIVES the monetary limits on municipal tort liability established by Minn. Stat. § 466.04, to
the extent of the limits of the liability coverage obtained from LMCIT.
LMCIT Member Name:
Date of member’s governing body meeting:
Name of person completing this form:
Position of person completing this form:
Signature of person completing this form:
Members who obtain liability coverage through the League of Minnesota Cities Insurance Trust (LMCIT) must complete and return this form to LMCIT before their effective date of coverage. Email completed form to your city’s underwriter, to pstech@lmc.org, or fax to 651.281.1298.
City Council Agenda Cover Memo
Date: April 21, 2026
Section: Consent Calendar
Item Number: VII.M.
Department: Administration / Communications / Joyce Lorenz
ITEM DESCRIPTION
The City is moving from an annual subscription renewal to a three-year term agreement for the
PhotoShelter digital asset management (DAM) system.
REQUESTED ACTION
Move to: Approve three-year term agreement for PhotoShelter DAM system.
SUMMARY
The PhotoShelter DAM system has been used to store photo and video files for all City
departments since 2019 under an annual subscription agreement. For the current renewal, the
City has an opportunity to lock in lower rates with a three-year term agreement.
Bids for comparable DAM solutions were explored as part of this process, which determined
PhotoShelter to be the least expensive option. The annual PhotoShelter rates are $12,437,
$12,685 and $12,812, totaling $37,934 over the three-year term.
ATTACHMENTS
PhotoShelter Brands Contract for Goods and Services
BrandFolder DAM Quote
Bynder DAM Quote
MediaValet DAM Quote
(rev. 6/2024)
Contract for Goods and Services
This Contract (“Contract”) is made on the 21st day of April, 2026, between the City of Eden Prairie, Minnesota (hereinafter “City”), whose business address is 8080 Mitchell Road, Eden Prairie, MN 55344, and PhotoShelter, Inc. (hereinafter “Vendor”) whose business address is 111 Broadway,
19th Floor, New York, NY 10006.
.
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 the PhotoShelter digital asset management (DAM) platform, 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. The term of this Contract shall be from April 29, 2026 through April 28, 2029, the date of signature by the parties notwithstanding. This Contract 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 Vendor annual sums for the PhotoShelter DAM platform pursuant to this Contract as described in Exhibit A.
4. Method of Payment. Vendor shall prepare and submit to City, itemized invoices setting forth work under this Contract as described in Exhibit A. Annual fees are due upfront at the beginning of each annual term. Invoices submitted shall be paid in the same manner as other claims made to the City.
5. Licensing / Permitted Use. Vendor products and services are purchased by City as subscriptions. Vendor hereby grants and City hereby accepts, solely for its internal use, a worldwide, revocable, non-exclusive, non-transferrable right to use Vendor products and services during the term of this Contract. Vendor reserves all right, title and interest in Vendor
products and services, the documentation and resulting product including all related intellectual property rights. No implied licenses are granted to City. Vendor name, logo, and the product names are trademarks of Vendor, and no right or license is granted to use them. City assigns to Vendor any suggestion, enhancement, request, recommendation, correction or
Docusign Envelope ID: 435136CB-0DE8-4886-A871-1E937C98734D
Standard Contract for Goods and Services (rev. 6/2024) Page 2 of 7
other feedback provided by City relating to the use of Vendor products and services. City shall not: (i) Misuse any Vendor resources or cause any disruption, including but not limited to, the
display of adult content, advertisements, solicitations, or mass mailings to individuals who
have not agreed to be contacted; (ii) Use any process, program, or tool for gaining unauthorized access to the systems, networks, or accounts of third parties; (iii) Use Vendor products and services in a manner in which system or network resources are unreasonably denied to third parties; (iv) Use the products and services as a door or signpost to another server; (v) Access
or use any portion of Vendor products and services except as expressly allowed by this
Contract; (vi) Disassemble, decompile, or otherwise reverse engineer all or any portion of Vendor products and services; (vii) Use Vendor products and services for any unlawful purposes; (viii) Export or allow access to Vendor products and services in violation of U.S. laws or regulations; (ix) subcontract, disclose, rent, or lease Vendor products and services, or
any portion thereof, for third party use; or (x) Modify, adapt, or use Vendor products and
services to develop any software application intended for resale which uses Vendor products and services in whole or in part. Each party retains its rights in its pre-existing intellectual property.
6. Vendor grants City a non-exclusive, non-transferable, royalty-free license to use the
deliverables on behalf of and for the benefit of City independently and with Vendor Products. “Deliverable(s)” means any computer software, and written documentation, reports or materials developed by Vendor in relation to the computer software specifically for City pursuant to this Contract. Vendor retains all right, title and interest to the Deliverables except
for those rights expressly granted to City and reserves all rights not otherwise expressly granted
herein. 7. 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.
8. 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.) d. Professional Liability. Vendor shall maintain a professional liability insurance policy
in the amount of $2,000,000 per claim, which policy must be maintained for a minimum
of two (2) years following expiration or termination of this Agreement.
Docusign Envelope ID: 435136CB-0DE8-4886-A871-1E937C98734D
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9. 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, from any claim or suit by a
third party, incurred by the City or for which the City may be liable resulting from any breach of this Contract by Vendor, its agents, contractors and employees, or any negligent or willful misconduct or omission performed, taken or not performed 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. 10. Warranty. Vendor warrants that it takes all precautions that are standard in the industry to increase the likelihood of a successful performance for Vendor products and services; however,
Vendor products and services are provided “AS IS” and as available. EXCEPT AS
PROVIDED ABOVE, EACH PARTY HEREBY DISCLAIMS ANY AND ALL OTHER WARRANTIES OF ANY NATURE WHATSOEVER WHETHER ORAL AND WRITTEN, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT, AND
FITNESS FOR A PARTICULAR PURPOSE. VENDOR DOES NOT WARRANT THAT
VENDOR PRODUCTS AND SERVICES WILL MEET CITY’S REQUIREMENTS OR THAT THE OPERATION THEREOF WILL BE UNINTERRUPTED OR ERROR FREE. 11. Termination. Either party may terminate this Contract by written notice if the other party
commits a material breach of this Contract and fails to cure such breach within thirty (30) days
after receipt of such notice, or an additional period of time as agreed to by the parties. Upon expiration or termination of this Contract for any reason: (i) City’s right to access and use the products will immediately cease (ii) Vendor will promptly cease performance of any
services; and (iii) the parties will return or destroy any Confidential Information of the other
party in its possession and certify upon request to the other party of compliance with the foregoing. City will have thirty (30) days from the expiration date of a subscription to extract or download any Content stored in the Products. Vendor has no obligation to retain any Content after such thirty (30)-day period nor is Vendor responsible for extracting the data on City’s
behalf absent separate written Contract and the payment of additional fees.
12. Limitation of Liability. NOTWITHSTANDING ANY OTHER PROVISION OF THIS
CONTRACT, IN NO EVENT WILL EITHER PARTY’S MAXIMUM AGGREGATE
LIABILITY FOR ALL CLAIMS ARISING IN CONNECTION WITH THIS CONTRACT
(IN CONTRACT OR TORT (INCLUDING NEGLIGENCE), CONTRACT OR OTHERWISE) EXCEED THE GREATER OF: (A) TWO TIMES (2X) THE FEES
PAYABLE BY CITY TO VENDOR IN THE TWELVE (12) MONTHS IMMEDIATELY
PRECEDING THE DATE THE DAMAGED PARTY NOTIFIES THE OTHER PARTY IN
WRITING OF THE CLAIM; OR (B) THE AMOUNT OF INSURANCE PROCEEDS AVAILABLE AT THE TIME OF SETTLEMENT OR JUDGMENT ON THE CLAIM
UNDER A POLICY OF INSURANCE REQUIRED BY SECTION 8 OF THIS CONTRACT.
VENDOR SHALL NOT BE RESPONSIBLE FOR ANY LOST PROFITS OR OTHER
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DAMAGES, INCLUDING INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR ANY OTHER DAMAGES, HOWEVER CAUSED.
13. Confidential Information. It is expected that one Party may disclose to the other Party certain
information which may be considered confidential or trade secret information (“Confidential
Information”). Confidential Information shall include: (i) non-public information if it is clearly and conspicuously marked as “confidential” or with a similar designation at the time of
disclosure; (ii) non-public information of a Party if it is identified as confidential or proprietary
before, during, or promptly after presentation and (iii) any information that should be
reasonably understood to be confidential or proprietary to a Party, given the nature of the information and the context in which disclosed.
Subject to freedom of information, government transparency, or similar applicable law,
including but not limited to the Minnesota Government Data Practices Act, Minn. Stat. Ch. 13, each Party agrees to receive and hold any Confidential Information in strict confidence. Each
Party also agrees: (i) to protect and safeguard the Confidential Information against
unauthorized use, publication or disclosure; (ii) not to reveal, report, publish, disclose, transfer,
copy or otherwise use any Confidential Information except as specifically authorized by the other Party; (iii) not to use any Confidential Information for any purpose other than for
performance under this Contract; (iv) to restrict access to Confidential Information to those of
its employees, agents, and contractors who have a need to know, who have been advised of the
confidential nature thereof, and who are under express written obligations of confidentiality or under obligations of confidentiality imposed by law or rule; and (v) to exercise at least the
same standard of care and security to protect the Confidential Information received by it as it
protects its own confidential information. If a Party is requested or required in a judicial,
administrative, or governmental proceeding to disclose any Confidential Information, it will notify the other Party as promptly as practicable so that such Party may seek a protective order
or waiver for that instance.
Confidential Information shall not include information which: (i) is or becomes public knowledge through no fault of either Party; (ii) was in a Party’s possession before receipt from
the other Party; (iii) is rightfully received by a Party from a third party without any duty of
confidentiality; (iv) is independently developed by a Party without use or reference to the other Party’s Confidential Information; or (v) is disclosed with the prior written consent of the
Parties.
Each Party shall return or destroy the Confidential Information upon written request by the other Party; provided, however, that each Party may retain one copy of the Confidential
Information in order to comply with applicable law. City understands and agrees that it may
not always be possible to completely remove or delete all Confidential Information from
Vendor’s databases without some residual data.
Disclosing Party may be irreparably damaged if the obligations under this section are not
enforced and as such may not have an adequate remedy in the event of a breach by Receiving Party of its obligations hereunder. The parties agree, therefore, that Disclosing Party is entitled
Docusign Envelope ID: 435136CB-0DE8-4886-A871-1E937C98734D
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to seek, in addition to other available remedies, an injunction restraining any actual, threatened or further breaches of the Receiving Party’s obligations under this section or any other
appropriate equitable order or decree.
14. 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.
15. 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. 16. 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 17. Assignment. Neither party shall assign this Contract, nor any interest arising herein, without the written consent of the other party (such consent not to be unreasonably withheld).
Notwithstanding the foregoing, either party may assign this Contract in connection with a
merger, reorganization, acquisition or other transfer of all or substantially all of such party’s assets or voting securities. 18. 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.
19. 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. 20. Counterparts. This Contract may be executed in multiple counterparts, each of which shall
be considered an original. 21. 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.
22. 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.
23. 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
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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.
24. 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.
25. Governing Law. This Contract shall be controlled by the laws of the State of Minnesota. 26. 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.
27. 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. 28. 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.
29. Services Not Provided For. No claim for services furnished by the Vendor not specifically provided for herein shall be honored by the City.
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30. 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. 31. 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 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. 32. 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: ________________________________
Docusign Envelope ID: 435136CB-0DE8-4886-A871-1E937C98734D
CFO
Client Name
Address 8080 Mitchell Road, Eden Prairie, Minnesota, 55344, United
Client Contact States
Accounts Payable Contact Ayca Andrews, aandrews@edenprairie.org
PhotoShelter Contacts Elizabeth Kaster, elizabeth@photoshelter.com
Term 36 Months; Subject to Autorenewal
Effective Date 4/28/2026
Purchase Order Required? ___ Yes (If yes, customer to furnish PO ___ No separately)
Tax Exempt? ___ Yes (If yes, customer to furnish certificate ___ No separately)
Payment Method ACH I Wire Transfer I Credit Card
Payment Term Annual Payment, Net 30 from receipt of invoice
Package Details:
● 6 Terabytes of Storage
● 1 Admin, 7 EditorsSubscription Details ● Unlimited Invited Users and Contributors
● Visual Search
● Image License Alerts
● Hootsuite Integration
Annual Subscription Fee:
2026 - 2027: $12,437
Fees 2027 - 2028: $12,685
2028 - 2029: $12,812
The PhotoShelter Brands Terms of Service apply as of the date of Terms & Conditions signing.
City of Eden Prairie
PhotoShelter Brands Order Form
EXHIBIT ADocusign Envelope ID: 435136CB-0DE8-4886-A871-1E937C98734D
PHOTOSHELTER BRANDS ACCOUNT SERVICE AGREEMENT
THIS PHOTOSHELTER BRANDS ACCOUNT SERVICE AGREEMENT (this “Agreement”) is made on Effective Date
on associated Order Form, between {CLIENT}, with offices at {ADDRESS} (“Client”), and PhotoShelter, Inc., a
Delaware corporation, with offices at 111 Broadway, 19th Floor, New York, New York 10006 (“PhotoShelter”).
Capitalized terms not defined herein shall have the meaning set forth on the Order Form which references this
Agreement. The parties agree as follows:
1. DEFINITIONS.
“Confidential Information” means non-public information disclosed by one Party to the other, whether written, oral,
or electronic, that is identified as confidential or that should reasonably be understood to be confidential given the
nature of the information and the circumstances of disclosure. Confidential Information includes, without limitation, the
terms of this Agreement, trade secrets, product plans, designs, concepts, costs, pricing, financial data, marketing
plans, business opportunities, personnel information, research, development, know-how, and other technical or
business information.
“Library Users” means individuals who have been assigned a paid seat within the PhotoShelter platform, including
associated PhotoShelter applications. They have full access to designated apps, features, and content libraries as
permitted by their subscription or client account settings.
“PhotoShelter Brands” means the PhotoShelter multi-user digital asset management software and tools provided by
PhotoShelter for purposes such as posting, archiving, editing, managing, organizing, distributing, accessing, and/or
selling digital copies of Posted Content, and all software, interfaces, tools, utilities, templates, forms, and other
technologies (and any related intellectual property) relating thereto, excluding Posted Content.
“Posted Content” means photographs, videos, audio or other content assets provided by Client through the
Services.
“Registered User” means individuals who have an active PhotoShelter account and access to associated
PhotoShelter applications, but do not occupy a paid seat. They can log in as Invited Users or Contributors as
designated to them by the Client.
“Site” means PhotoShelter.com.
“Services” means the PhotoShelter Brands service, any associated PhotoShelter application, and any other services
provided by PhotoShelter or pursuant to any Order Form. This includes but is not limited to mobile applications and
Socialie by PhotoShelter, or PhotoShelter Social Distribution features.
2. PHOTOSHELTER SERVICES; SITE OPERATION.
2.1. Services. PhotoShelter shall use commercially reasonable efforts to operate the Services for Client in
accordance with the applicable Order Form. Subject to the terms and conditions of this Agreement, PhotoShelter
grants Client a non-exclusive, non-transferable license to use and access the Services solely for (a) Client’s internal
business purposes and (b) to upload, store, organize, display, sell, access, and deliver Client’s Posted Content on the
Services in accordance with this Agreement.
2.2. Access and Account Setup. Initial registration will be performed manually by a designated PhotoShelter
Customer Success representative. As part of the implementation process, Client will identify an administrative user
name and password that will be used to set up Client’s account for the Services, and Client will need to register one
or more individuals as an Account Administrator. Accounts and passwords may be used only in accordance with the
terms and conditions of this Agreement. To the extent legally permitted, (a) Client shall be responsible for the acts or
omissions of any person who accesses the Services using passwords or access procedures provided to or created
by Client and (b) Client hereby releases PhotoShelter from any and all liability concerning such transactions or
activity. Client agrees to notify PhotoShelter immediately of any actual or suspected loss, theft, or unauthorized use of
its or its Registered Users’ account or password.
Docusign Envelope ID: 435136CB-0DE8-4886-A871-1E937C98734D
2.3. Availability. PhotoShelter will use commercially reasonable efforts to ensure that PhotoShelter Brands and
associated PhotoShelter applications are available 24 hours a day, 7 days a week. PhotoShelter reserves planned
outages of the Services, especially those requiring downtime, for purposes such as large scale system upgrades and
maintenance. PhotoShelter will notify Client as soon as reasonably practicable of any unplanned outages and with a
minimum of 72 hours before planned outages.
2.4. Site Service and Technical Support. Client is responsible for providing support to its Registered Users. Where
needed, PhotoShelter will provide routine support for use of the Services during PhotoShelter’s business hours of
Monday through Friday 3:00 AM ET - 8:00 PM ET, excluding public holidays in the United States. Support is available
at brandssupport@photoshelter.com. Urgent issues receive email support after hours, on weekends, and on public
holidays in the United States.
2.5. Limitations. PhotoShelter will not be responsible or liable for any failure in the Services resulting from or
attributable to (a) Client Posted Content; (b) failures in telecommunications, network, or other service or equipment
outside of the facilities used to host the Services; (c) Client's or any third party’s products, services, negligence, acts,
or omissions; (d) any cause beyond PhotoShelter’s reasonable control; or (e) scheduled maintenance in accordance
with the terms herein (collectively, “Downtime Exclusions”).
2.6. Service Updates. Service Updates. PhotoShelter may update or improve the Services from time to time.
PhotoShelter will use commercially reasonable efforts to provide thirty (30) days’ prior notice (by email or through the
Service) of significant changes to the core Services.
2.7. Backups. PhotoShelter employs industry-standard practices to help safeguard Posted Content, including near
real-time backups and geographic redundancy across multiple locations. Client is solely responsible for maintaining
its own independent backups of all Posted Content and other materials. PhotoShelter does not guarantee that Posted
Content will always be stored, preserved, or accessible, and will not be liable for any loss, corruption, or inability to
access such content.
2.8. Content Removal. PhotoShelter has no obligation to screen or monitor any images, information, or data for any
purpose, including without limitation any Posted Content or any other content provided by users or third parties.
However, if PhotoShelter becomes aware of or has reason to believe that Client or any of Client’s Posted Content is
violating the terms and conditions contained herein or elsewhere on the Services, PhotoShelter, in its sole discretion,
may remove and/or delete the applicable Posted Content, suspend and/or terminate Client’s and/or Client’s
Registered Users’ access to the Services, and/or pursue any other remedy or relief available to PhotoShelter under
equity or law.
2.9. Copyright. PhotoShelter handles copyright infringement claims in accordance with the Digital Millennium
Copyright Act, a copy of which is located at http://lcweb.loc.gov/copyright/legislation/dmca.pdf.
2.10. Global Access and Compliance. Certain jurisdictions may restrict or prohibit access to the Site, Services, or
content. PhotoShelter cannot guarantee availability or use of the Services in such jurisdictions, and Client and all
Registered Users are solely responsible for complying with applicable local laws. Where legally permitted,
PhotoShelter uses a global Content Delivery Network (CDN) to support access and performance worldwide. The Site
and Services are generally hosted in the United States and the United Kingdom, unless otherwise mutually agreed in
writing (“Jurisdictions”). Client acknowledges that any information submitted (including personally identifiable
information) may be processed and stored in the Jurisdictions, and consents to such transfer, processing, and
storage in accordance with U.S. laws and regulations or other applicable law.
3. LICENSEES AND USER OBLIGATIONS.
3.1. License to Posted Content. Client owns, and as between Client and PhotoShelter, will continue to own, all
Posted Content. Client hereby grants and agrees to grant PhotoShelter a non-exclusive, royalty-free, fully paid up,
sublicensable, worldwide right and license to use, reproduce, modify, display, perform, distribute, and create
derivative works of the Posted Content solely in connection with PhotoShelter's operation of the Services and
according to the Client’s specified visibility and access permission controls, as indicated using the features and
Docusign Envelope ID: 435136CB-0DE8-4886-A871-1E937C98734D
functionality made available on the Services. This license allows PhotoShelter to take actions such as creating
thumbnails and other various sizes of the images that Client posts and lists on the Site or through the Services,
presenting images in search results on the Services, allowing Registered Users to browse image collections, or
modifying Posted Content so that PhotoShelter’s system can fulfill image download requests in multiple desired sizes
to Client’s approved Registered Users. PhotoShelter claims no right to use Posted Content in any manner that goes
beyond providing the Services, and PhotoShelter claims no commercial rights to Posted Content.
3.2. Registered Users. Client will use the Services to distribute Posted Content to only parties which Client
approves (“Registered Users”). Client can choose to grant Registered Users access to Posted Content through
industry standard secure methods. Only Client-appointed Account Administrators and Editors may set up new
Registered Users via the Services for access to Client Posted Content. Client will check and update the Registered
User access permissions regularly to ensure such permissions remain accurate and complete. PhotoShelter shall
have no responsibility or liability for (a) Client’s failure to maintain or update Registered User authorization or (b) any
unauthorized use, sharing, or disclosure of any passwords provided to Registered Users.
4. Optional Features:
The following provisions apply only if Client elects certain features as described below. Optional Features, if elected
by Client in writing, will be reflected in any given Order Form and charged for accordingly.
4.1. E-Commerce: Client may choose to offer a portion or all of its Posted Content for licensing or sale as prints and
products (“Offered Content”). To do so, Client must obtain a merchant account from a billing service supported by the
Services (each, a “Billing Service”), such as PayPal, Stripe, TouchNet, or Authorize.net. Supported Billing Services
may change from time to time at PhotoShelter’s sole discretion, provided PhotoShelter will notify Client if support
ends for the Billing Service currently used by Client. For each image in Offered Content, Client must designate (a) the
rights category offered for sale and (b) the price for each such category, as provided in the Services.
4.2 AutoTagging & Visual Search: Certain PhotoShelter services may include optional artificial intelligence tools, such
as (a) Auto-Tagging Services (automated labeling and keywording of Posted Content) and (b) AI Visual Search (tools
that allow searching by image similarity or content recognition). These features are not enabled by default and may
be activated or deactivated at Client’s request, unless designated on an Order Form. Client’s Posted Content used
with AutoTagging or Visual Search may be processed by PhotoShelter or its third-party providers solely for the
purpose of delivering AutoTagging or Visual Search. PhotoShelter and its providers may generate anonymized and
aggregated data derived from such processing (“Derived Data”). Derived Data will not identify Client or any individual
subjects of the Posted Content. Derived Data is owned by PhotoShelter or its providers and may be used for internal
product improvement, quality assurance, and algorithm training.
5. REPRESENTATIONS AND WARRANTIES.
5.1. General. Each party represents and warrants that (a) it has full power and authority, and has obtained all
approvals, permissions and consents necessary, to enter into this Agreement and to perform its obligations
hereunder; (b) this Agreement is legally binding upon it and enforceable in accordance with its terms; and (c) the
execution, delivery and performance of this Agreement does not and will not conflict with any agreement, instrument,
judgment or understanding, oral or written, to which it is a party or by which it may be bound.
5.2. By Client. Client represents and warrants that (a) Client owns all rights, title and interest in and to the Posted
Content, or has otherwise secured all necessary rights in the Posted Content as may be necessary to permit the
access, use and distribution thereof as contemplated by this Agreement or as otherwise authorized by Client through
the Services, including without limitation to Registered Users and (b) the Posted Content and Client usage of the
Services does not does not (i) include any virus, worm, Trojan horse or other harmful, malicious or disabling code or
device or that is designed to damage or allow unauthorized access to the Site or Services (“Malware”); (ii) violate,
infringe, misappropriate or otherwise interfere with any patent, copyright, trademark, trade secret, right of privacy or
publicity, or any other intellectual property, proprietary or any other right of any person or entity; (iii) contain any
material which is unlawful, harmful, abusive, hateful, obscene, threatening, libelous or defamatory, false or inaccurate
or otherwise objectionable; (iv) harm minors in any way, including, but not limited to, by violating child pornography
Docusign Envelope ID: 435136CB-0DE8-4886-A871-1E937C98734D
laws, child sexual exploitation laws or any laws prohibiting the depiction of minors engaged in sexual conduct; (v)
violate any applicable federal, state, local or international law; or (vi) violate or attempt to violate the security or
operation of the Services or PhotoShelter's applications, systems or networks.
5.3 BY PHOTOSHELTER.
PhotoShelter represents and warrants that (a) it will perform the Services in a professional and workmanlike manner;
(b) the Services will perform substantially in accordance with any documentation provided by PhotoShelter to Client;
(c) it will use industry standard methods to scan the Services and Content for Malware and to eradicate any found
Malware and (d) it will perform its obligations in compliance with all applicable laws. The Services are provided ‘AS
IS,’ and PhotoShelter makes no representations or warranties regarding the accuracy, completeness, reliability, or
suitability of any outputs or results generated through the Services. In the event of any breaches of the warranties
set forth in this Section 5.3, PhotoShelter’s sole responsibility, and Client’s sole remedy, will be for PhotoShelter to
re-perform the Services so that they conform.
6. PROPRIETARY RIGHTS.
6.1. Client. Except for the limited rights and licenses expressly granted hereunder, no other license is granted, no
other use is permitted, and Client (and its licensors) shall retain all rights, title and interest (including all intellectual
property and proprietary rights) in and to Posted Content.
6.2. PhotoShelter. Except for the limited rights and licenses expressly granted hereunder, no other license is
granted, no other use is permitted, and PhotoShelter (and its licensors) shall retain all rights, title and interest
(including all intellectual property and proprietary rights) in and to the Services, the Site and all information, data,
materials and content related thereto (excluding Posted Content), and all modifications and derivative works thereof
(again, excluding modifications and derivative works of Posted Content), as well as all PhotoShelter trademarks,
names, and logos, and all rights to patent, copyright, trade secret and other proprietary or intellectual property rights.
6.3. Restrictions. Except as expressly permitted in this Agreement, Client shall not directly or indirectly (a) use any
of PhotoShelter’s Confidential Information (defined above) or proprietary information to create any service, software,
documentation or data that is similar to any aspect of the Services; (b) disassemble, decompile, reverse engineer or
use any other means to attempt to discover any source code of the Services, or the underlying ideas, algorithms or
trade secrets therein; (c) encumber, sublicense, transfer, rent, lease, time-share or use any portion of the Services in
any service bureau arrangement or otherwise for the benefit of any third party; (d) copy, distribute, manufacture,
adapt, create derivative works of, translate, localize, port or otherwise modify any aspect of the Services; (e) use or
allow the transmission, transfer, export, re-export or other transfer of any product, technology or information it obtains
or learns pursuant to this Agreement (or any direct product thereof) in violation of any export control or other laws and
regulations of the United States or any other relevant jurisdiction; or (f) permit any third party to engage in any of the
foregoing proscribed acts.
6.4. Feedback. PhotoShelter appreciates all of our users’ interest in improving and expanding the Services. If Client
chooses to send to PhotoShelter (through any channel) any content, information, ideas, suggestions or other
materials relating to the Site, Services or PhotoShelter’s business (“Feedback”), Client hereby assigns such
Feedback to PhotoShelter, and Client agrees that PhotoShelter is free to use any Feedback, for any purposes
whatsoever, including, without limitation, developing and marketing products and services, without any liability or
payment of any kind to Client.
7. PAYMENT; FEES. Unless otherwise specified in an Order Form, through Client’s account settings or as
otherwise agreed to by PhotoShelter in writing, Client shall pay to PhotoShelter the fees as set forth on an Order
Form within thirty (30) days of an invoice from PhotoShelter. PhotoShelter reserves the right to immediately suspend
and/or terminate access to Client’s account for late payment or nonpayment. Upon making payment, Client access to
the account would be promptly restored. PhotoShelter reserves the right to change the fees charged for the Services
at any time; provided that if such change applies to the services Client receives from PhotoShelter, PhotoShelter shall
provide Client with reasonable prior notice of the change. Client is responsible for paying any applicable taxes,
Docusign Envelope ID: 435136CB-0DE8-4886-A871-1E937C98734D
duties, or other governmental charges required by law in connection with the Services or any transaction, excluding
taxes on PhotoShelter’s income.
All fees and amounts stated in this Agreement or any associated Order Form are gross amounts payable and due
and exclusive of all taxes and shall be paid to PhotoShelter, Inc. in full, without any set-off, counterclaim, deduction,
or withholding. If Client is required by applicable law to withhold or deduct any taxes (including but not limited to local
withholding taxes, value-added taxes, or duties) from any payment due hereunder. Client shall indemnify and hold
PhotoShelter, Inc. harmless from any taxes, interest, or penalties that may be asserted by any taxing authority arising
from Client’s failure to withhold or pay any such amounts.
8. TERM; TERMINATION.
8.1. Term. This Agreement shall commence on the Effective Date set forth in the applicable Order Form (the “Initial
Term”) and, unless otherwise indicated in the Order Form, shall continue for successive renewal terms (each, a
“Renewal Term”) of twelve (12) months, subject to this Agreement. Renewal Terms occur at the fees stated in the
Order Form, unless either PhotoShelter provides written notice of a price change, or either party opts for
non-renewal, at least thirty (30) days prior to the end of the then-current term.
8.2. Termination. Either party may terminate this Agreement: (a) for the other party’s material breach if such breach
is not cured within thirty (30) days after receipt of written notice from the non-breaching party, or (b) by providing thirty
(30) days’ written notice to the other party prior to the commencement of any Renewal Term. If Client terminates
without a material breach by PhotoShelter, or fails to provide the required notice before a Renewal Term begins, all
fees for the then-current term shall remain due and are non-refundable.
8.3. Effect of Termination. Client remains responsible for any fees incurred for Services or additional resources
prior to termination and shall promptly pay any outstanding balance upon termination. Upon request, Client may
obtain a copy of all Posted Content in a format supported by the Services at that time (e.g., direct download, cloud
transfer, hard drive, or other electronic media). Such retrieval will be subject to a fee of $250 per hour, with a
minimum of two (2) hours, to cover the time required to prepare and transfer the data. PhotoShelter will provide the
copy only if (a) all outstanding balances on Client’s account have been paid in full, (b) the fees for data retrieval have
been paid, and (c) Client is not in violation of any terms of this Agreement.
Upon expiration or termination of this Agreement, all rights, obligations, and licenses granted hereunder shall cease,
except that: (i) obligations accrued prior to termination, including payment obligations, shall survive; and (ii) the
provisions of Sections 1 (Definitions), 2.5 (Limitations), 2.9 (Copyright), 2.10 (IGlobal Access and Compliance), 6.1
(Proprietary Rights – Client), 6.2 (Proprietary Rights – PhotoShelter), 6.3 (Restrictions), 6.4 (Feedback), 9 (Third
Party Services), 10 (Indemnification), 11 (Disclaimer of Warranties and Limitation of Liability), 12 (Miscellaneous), and
this Section 8.3 (Effects of Termination) shall survive.
9. THIRD PARTY SERVICES. The purchase of any services provided by third parties through the Services (“Third
Party Services”), including without limitation any print and product fulfillment services for orders of Posted Content,
integrated design software or social media tools, image tracking services, website templates, analytics packages, or
ancillary photo editing or processing services, is at Client’s own risk. Client acknowledges and agrees that (a) any
transaction with a Third Party Service provider (“Third Party Service Provider”) is solely between Client and the
applicable Third Party Service Provider; (b) any content transmitted by Client to any Third Party Service Provider is at
Client’s own risk; (c) PhotoShelter does not make any representation or warranty about any Third Party Services or
Third Party Service Providers; and (d) PhotoShelter will not be responsible or liable for any aspect of any transaction
between Client and any Third Party Service Provider. PhotoShelter will endeavor to provide notification when a
service is a Third Party Service.
10. INDEMNIFICATION. To the extent permissible by law, each party agrees to indemnify and hold harmless the
other party and each of the other party’s directors, officers, shareholders, employees or members from and against
any and all allegations, third party claims, demands, suits, actions or other proceedings and any corresponding
liabilities, costs, settlement amounts, expenses (including reasonable attorney’s fees) or other losses paid to third
parties arising from or relating to (i) such party’s material breach of any of its representations or warranties set forth
Docusign Envelope ID: 435136CB-0DE8-4886-A871-1E937C98734D
herein or (ii) in the case of Client as the indemnifying party, to Client’s or its Registered Users’ use of the Services
and/or any material or content, including without limitation Posted Content or content provided by other users or third
parties, it or they submit, download, post or transmit through the Services.
11. DISCLAIMER OF WARRANTIES AND LIMITATION ON LIABILITY.
11.1. WARRANTY DISCLAIMER. EXCEPT AS EXPRESSLY SET FORTH HEREIN, PHOTOSHELTER HEREBY
DISCLAIMS ALL OTHER WARRANTIES, ORAL OR WRITTEN, WHETHER EXPRESS, IMPLIED, STATUTORY OR
OTHERWISE, RELATING TO THE SITE AND THE SERVICES (INCLUDING ALL CONTENT THEREON) AND
CLIENT’S USE THEREOF, INCLUDING WITHOUT LIMITATION ALL IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, TITLE AND
NON-INFRINGEMENT. SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES.
IN SUCH JURISDICTIONS, THE AFOREMENTIONED DISCLAIMERS MAY NOT APPLY TO CLIENT.
11.2. LIMITATION ON LIABILITY. EXCEPT FOR WILLFUL OR MATERIAL BREACHES OF CONFIDENTIALITY
AND INDEMNIFICATION OBLIGATIONS HEREUNDER, AND TO THE FULLEST EXTENT ALLOWED BY
APPLICABLE LAW, IN NO EVENT SHALL EITHER PARTY BE LIABLE FOR ANY INDIRECT, SPECIAL,
CONSEQUENTIAL, PUNITIVE OR INCIDENTAL DAMAGES OR FOR THE COST OF PROCURING SUBSTITUTE
GOODS, SERVICES OR TECHNOLOGY, ARISING OUT OF OR RELATING TO THIS AGREEMENT. IN NO EVENT
SHALL EITHER PARTY’S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT
EXCEED THE FEES ACTUALLY PAID BY CLIENT TO PHOTOSHELTER DURING THE SIX (6) MONTH PERIOD
IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, UNLESS OTHERWISE PROHIBITED BY
APPLICABLE LAW.
12. MISCELLANEOUS.
12.1. Governing Law. Any disputes arising out of or relating to this Agreement or use of the Services shall be
resolved in accordance with the laws of the State of New York, without regard to its conflict of law rules. PhotoShelter
and the Client hereby consent to the state and federal courts of New York, New York for all disputes arising from or
relating to this Agreement or access to or use of the Site and/or Services.
12.2. Entire Agreement. This Agreement constitutes the entire agreement between Client and PhotoShelter with
respect to the subject matter hereof. This Agreement replaces all prior or contemporaneous understandings or
agreements, written or oral, regarding the subject matter hereof.
12.3. Assignment. This Agreement and the rights and obligations hereunder may not be assigned, in whole or in
part, by either party without the other party's written consent, not to be unreasonably withheld. However, without
consent, either party may assign this Agreement to any successor to all or substantially all of its business or assets
which concern this Agreement (whether by sale of assets or equity, merger, consolidation or otherwise). This
Agreement shall be binding upon, and inure to the benefit of, the successors, representatives and permitted assigns
of the parties hereto.
12.4. Notice. Any notice that is required or permitted by this Agreement shall be in writing and shall be deemed
effective upon receipt, when sent by confirmed e-mail to support@photoshelter.com or when delivered in person by
nationally recognized overnight courier or mailed by first class, registered or certified mail, postage prepaid, to, 111
Broadway, 19th Floor New York, New York 10006 (in the case of PhotoShelter) or to the email address or physical
address, as applicable, set forth on an applicable Order Form (for Client).
12.5. Modification and Waiver. No change, consent or waiver under this Agreement will be binding on either party
unless made in writing and physically signed by an authorized representative of such party. The failure of either party
to enforce its rights under this Agreement at any time for any period will not be construed as a waiver of such rights,
and the exercise of one right or remedy will not be deemed a waiver of any other right or remedy.
12.6. Interpretation. Headings used in this Agreement are for convenience only and have no legal or contractual
significance.
Docusign Envelope ID: 435136CB-0DE8-4886-A871-1E937C98734D
12.7. Severability. If any provision of this Agreement is determined to be illegal or unenforceable, that provision
will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force
and effect and enforceable.
12.8. Remedies. Except as specifically provided otherwise herein, each right and remedy in this Agreement is in
addition to any other right or remedy, at law or in equity. Each party agrees that, in the event of any breach or
threatened breach of Section 6 (Proprietary Rights) or the confidentiality obligations contained herein, the
non-breaching party will suffer irreparable damage for which it will have no adequate remedy at law. Accordingly, the
non-breaching party shall be entitled to injunctive and other equitable remedies to prevent or restrain such breach or
threatened breach, without the necessity of posting any bond.
12.9. Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be an
original, but taken together constituting one and the same instrument. Execution of a facsimile (e.g., .pdf or electronic
signature) copy shall have the same force and effect as execution of an original, and a facsimile signature shall be
deemed an original and valid signature.
Docusign Envelope ID: 435136CB-0DE8-4886-A871-1E937C98734D
From: Joyce Lorenz
To: "Steve Cohen"
Subject: RE: City of Eden Prairie | Smartsheet Meet & Greet @ Tue, Mar 31, 2026 12:00pm – 12:30pm (GMT-05)
Date: Tuesday, March 31, 2026 1:36:00 PM
Attachments: image002.png
Hi Steve,
Thanks for sending a quote for the BrandFolder Digital Asset Management system.
Best regards,
Joyce
Joyce Lorenz, ABC
Communications Manager
8080 Mitchell Road
Eden Prairie, MN 55344
952-949-8554| C 612-220-6612
edenprairiemn.gov
From: Steve Cohen <steve.cohen@smartsheet.com>
Sent: Tuesday, March 31, 2026 12:11 PM
Joyce Lorenz <jlorenz@EdenPrairieMN.Gov>; Sean Marshall <sean.marshall@smartsheet.com> To:
Subject: City of Eden Prairie | Smartsheet Meet & Greet @ Tue, Mar 31, 2026 12:00pm – 12:30pm
(GMT-05)
You don't often get email from steve.cohen@smartsheet.com. Learn why this is important
Hi, the solution would probably be in the $40K range. Please let me know if you have any
questions.
Thanks,
Steve
Steve Cohen
Enterprise Account Executive, SLG
Steve.Cohen@smartsheet.com
Book time with me
Learn More ⟶ smartsheet.com
1-855-824-2221
500 108th Ave NE #200 | Bellevue, WA | 98004
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From: Maxwell Clark
To: Joyce Lorenz
Subject: out chat today - bynder dam
Date: Tuesday, March 24, 2026 4:51:50 PM
Attachments: ATT00001.png
Hi Joyce,
Thank you again for taking the time to connect today. I really appreciate you sharing how your team is
currently using PhotoShelter and how things are organized across departments.
From what you described, it sounds like you have a solid foundation in place for storage and sharing, with
an opportunity to expand into more advanced organization, usability, and overall efficiency across teams.
As promised, I’m putting together a follow-up with helpful resources, including:
A public-facing DAM example (Visit California)
Here’s what our typical starter packages look like:
Option 1 – Core DAM (no AI)
• One-time onboarding: starts at ~$8.3K
• Annual subscription: starts at ~$18.9K
Option 2 – DAM + AI • One-time onboarding: starts at ~$11.2K • Annual subscription: starts at ~$25.9K
Pricing can scale based on users, storage, integrations, and any additional modules.
If this range aligns with what you had in mind, we can take the next step and put together a more tailored
proposal based on your exact requirements.
Let me know if any questions come up as you review, happy to help however I can.
Best, Maxwell
Maxwell Clark
San Carlos, CA
651-270-7797
Unite. Create. Thrive.
Bynder Ranked #1 in G2 2025 DAM Grid Report
CONFIDENTIALITY STATEMENT : The contents of this email message and any attachments are intended solely for the addressee(s) and may contain confidential and/or privileged information and may be legally protected from disclosure. If you arenot the intended recipient of this message or their agent, or if this message has been
addressed to you in error, please immediately alert the sender by reply email and then delete this message and any attachments. If you are not the intended recipient, you are hereby notified that any use, dissemination, copying, or storage of this message or itsattachments is strictly prohibited.
From: Danielle Walkow
To: Joyce Lorenz
Subject: Re: Quote
Date: Monday, March 30, 2026 11:00:37 AM
Attachments: image002.png
Hi Joyce,
For the 6 TBs of storage like we spoke about the cost would be $19,000 annually with a $3,500
onetime setup fee. This includes AI tagging (face recognition, object recognition, video AI
tagging) unlimited users (admins and general users), sharing links, CDN links and SSO.
There are other considerations that might be helpful for your team like Experience Portals
(custom portals for brand guidelines or external partner access). We also offer areas like
Templating, and Proofing Review and Approvals.
As you evaluate options, I’m happy to tailor this further based on your team’s priorities and
walk through what would make the most sense for your use case. Let me know if it would be
helpful to connect again and refine this together.
Best,
Danielle
From: Joyce Lorenz <jlorenz@EdenPrairieMN.Gov>
Date: Friday, March 27, 2026 at 2:14 PM
To: Danielle Walkow <Danielle.Walkow@mediavalet.com>
Subject: RE: Quote
You don't often get email from jlorenz@edenprairiemn.gov. Learn why this is important
Hi Danielle,
I appreciate you looking into that for me!
Despite that limitation, I still am interested in the quote.
Thanks much!
Joyce
Joyce Lorenz
Communications Manager
952-949-8554 | C 612-220-6612
From: Danielle Walkow <Danielle.Walkow@mediavalet.com>
Sent: Friday, March 27, 2026 4:06 PM
To: Joyce Lorenz <jlorenz@EdenPrairieMN.Gov>
Subject: Re: Quote
Hey Joyce,
Thank you for the follow up - this was on my list for this afternoon.
I spoke with the product team and we are not able to do the metadata attributes upon
download. Whatever metadata is added in the DAM for attributes would be available in the
DAM only. I don’t think we can meet you copyright metadata requirement unless you were ok
with adding the copyright metadata before uploading the assets into the DAM as part of the
embedded metadata.
Are you still interested in proceeding with a quote?
Best,
Danielle
From: Joyce Lorenz <jlorenz@EdenPrairieMN.Gov>
Date: Friday, March 27, 2026 at 2:02 PM
To: Danielle Walkow <Danielle.Walkow@mediavalet.com>
Subject: Quote
You don't often get email from jlorenz@edenprairiemn.gov. Learn why this is important
Hi Danielle,
Just realized I haven’t seen a quote based on our call this week yet. Hope to see it early next week
Joyce Lorenz, ABC
Communications Manager
8080 Mitchell Road
Eden Prairie, MN 55344
952-949-8554| C 612-220-6612
edenprairiemn.gov
City Council Agenda Cover Memo
Date: April 21, 2026
Section: Public Hearing
Item Number: VIII.A.
Department: Community Development/Planning
Julie Klima/Sarah Strain
ITEM DESCRIPTION
The applicant is requesting to subdivide the existing parcel at 11010 Prairie Lakes Drive into two
lots. Initially, the lot split will support refinancing of the two buildings, with a possibility that one
or both of the lots will be sold for redevelopment. The proposed subdivision requires waivers
due to existing conditions on the site. There are no planned building, landscaping, or parking
changes with this application, but a Site Plan Amendment is required to reflect the new
property lines.
REQUESTED ACTION
Move to:
• Close the public hearing; and
• Adopt a Resolution for Planned Unit Development (PUD) Concept Amendment on 13.07
acres; and
• Approve the 1st Reading of an Ordinance for a PUD Amendment with waivers on 13.07
acres; and
• Adopt a Resolution for a Preliminary Plat of one parcel into two lots; and
• Adopt a Resolution in support of Park Dedication Fees; and
• Direct Staff to prepare a Development Agreement incorporating Staff and Commission
recommendations and Council conditions.
SUMMARY
The applicant is proposing the subdivide one (1) lot into two (2) lots. There would be one (1)
building on each lot after the plat. The new property line subdividing the properties is outlined
in yellow on the following page. Both lots meet the minimum size requirement of the Office
zoning district. Lot 1, the northern lot, requires a waiver for lot width at the right-of-way line.
The Office zoning district requires lots to have at least 100 feet of frontage on a public street.
The proposed plat shows 74.6 feet of lot frontage on Prairie Lakes Drive.
While there are no proposed physical site changes with this application, a Site Plan Amendment
is required to approve the site details for the newly created lots. The existing parking, buildings,
and landscaping will remain in the current configuration. The proposed property line bisects the
breezeway between the two (2) buildings and goes along the pavement markings of the parking
stalls. This will require two (2) setback waivers: one (1) for a zero (0) foot building setback and
one (1) for a zero (0) foot parking setback.
There are two (2) access drives to Prairie Lakes Drive, each lot will retain one access. There are
no proposed access or street changes with this application. A Cross Access agreement between
the two (2) new lots will be required.
PLANNED UNIT DEVELOPMENT WAIVERS
This site is currently part of a PUD, and the applicant is requesting an amendment to add the
following waivers as a result of the new lot line and parcel configuration:
1. Building Setback: City Code requires a minimum side yard setback of 20 feet in the
Office zoning district. There is a breezeway that connects the two (2) buildings. The new
property line is proposed to bisect this breezeway, creating a zero (0) foot building
setback. This waiver is supported as it is an existing condition along the interior property
line of the PUD area, minimizing impacts to adjacent properties.
2. Parking Setback: City Code requires parking areas to be set back at least 10 feet from
side lot lines. The proposed property line would create zero (0) foot parking setbacks.
This waiver is supported as a shared access and parking agreement will be required as a
condition of approval, and several properties, especially PUDs, have zero (0) foot parking
setbacks.
3. Number of Parking Stalls: City Code scales the number of required parking spaces for
office use based on the size of the building(s). In this case, the site with two buildings
meets the requirement of 4 parking stalls per 1000 square feet of office space. This
waiver allows both office buildings to maintain a parking ratio of 4 stalls per 1,000
square feet, even with the reconfiguration of the property lines. Staff is supportive of
this waiver as the interior property line was drawn to anticipate current and future
parking needs on both sites.
4. Minimum Lot Width along a Public Roadway: Properties in the Office zoning district are
required to have at least 100 feet for lot frontage on a public roadway. The proposed plat
shows Lot 1 having 74.6 feet of frontage on Prairie Lakes Drive. The waiver is supported
as the frontage feels larger due to Lot 1 sharing a driveway with 11200 Prairie Lake
Drive.
PLANNING COMMISSION RECOMMENDATION
The Planning Commission held a public hearing for this project at their March 23, 2026 meeting.
The Planning Commission recommended approval of the project with a vote of 5-1. The
objecting voter expressed concern that the preliminary plat and requested waivers were
premature knowing the property owner intends to sell at least one of the parcels for
redevelopment and felt the review and waivers were better saved until there is a plan for
redevelopment. The project review period ends on July 2, 2026.
ATTACHMENTS
Resolution for PUD Concept Amendment
Ordinance for PUD Concept Amendment with Waivers
Resolution for Preliminary Plat
Resolution in support of Park Dedication Fees
Planning Commission Staff Report
Planning Commission Minutes
City of Eden Prairie
Hennepin County, Minnesota
Resolution No. 2026–____
RESOLUTION APPROVING THE PLANNED UNIT DEVELOPMENT CONCEPT
AMENDMENT OF PRAIRIE LAKES CORPORATE CENTER FOR KRAUS-ANDERSON,
INCORPORATED
WHEREAS, the City of Eden Prairie has by virtue of City Code provided for the Planned Unit
Development (PUD) Concept of certain areas located within the City; and
WHEREAS, the Planning Commission did conduct a public hearing on March 23, 2026, on Prairie
Lakes Corporate Center by Kraus-Anderson, Inc. and considered their request for approval of the
PUD Concept Plan Amendment and recommended approval of the request to City Council; and
WHEREAS, the City Council did consider the request on April 21, 2026.
NOW, THEREFORE, BE IT RESOLVED by the City Council of Eden Prairie, Minnesota, as follows:
1. Prairie Lakes Corporate Center, being in Hennepin County, Minnesota, legally
described as outlined in Exhibit A, is attached hereto and made a part hereof
(“Property”).
2. That the City Council does grant PUD Amendment approval as outlined in the
plans stamp dated April 15, 2026.
3. That the PUD Concept Amendment meets the recommendations of the Planning
Commission dated March 23, 2026.
ADOPTED by the City Council of the City of Eden Prairie this 21st day of April, 2026.
Ronald A. Case, Mayor
ATTEST:
David Teigland, City Clerk
EXHIBIT A
PUD Amendment
Legal Description:
Lot 3, Block 1, Prairie Lakes Business Park, Hennepin County, Minnesota
City of Eden Prairie
Hennepin County, Minnesota
Ordinance No. __–2026
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 the land is currently designated within the Office Zoning District as reflected
in Ordinance No. 3-98-PUD-2-98 (hereinafter “PUD-2-98-Office”).
Section 3. That action was duly initiated proposing that the designation of the land be
amended within the Office Zoning District as -2026-PUD-_-2026 (hereinafter "PUD-_-2026”).
Section 4. The City Council hereby makes the following findings
A. PUD-_-2026 is not in conflict with the goals of the Comprehensive Guide Plan of
the City.
B. PUD-_-2026 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-_-2026 are justified by the design of the
development described therein.
D. PUD-_-2026 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 5. The proposal is hereby adopted that PUD-2-98-Office be amended and the
designation of the land shall be, and hereby is amended in the Office Zoning District as Planned
Unit Development PUD-_-2026 and the legal descriptions of land in each district referred to in
City Code Section 11.03, subdivision 1, subparagraph B, shall be and are amended accordingly.
Section 6. The land shall be subject to the terms and conditions of that certain
Development Agreement dated February 3, 1998 between Prairie Lakes Limited Partnership, a
Minnesota limited partnership, and the City of Eden Prairie as amended by the terms and
conditions of that certain First Amendment to Development Agreement dated
______________, 2026, entered into between and the City of Eden Prairie (hereinafter
“Development Agreement”). The Development Agreement contains the terms and conditions of
PUD-_-2026 and are hereby made a part hereof.
Section 7. 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 8. This Ordinance shall become effective from and after its passage and publication.
FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the 21st of
April, 2026, 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 _____________________.
ATTEST:
David Teigland, City Clerk Ronald A. Case, Mayor
Published in the Sun Sailor on the _______________, 2026.
City of Eden Prairie
Hennepin County, Minnesota
Summary of Ordinance No. __-2026-PUD-__-2026
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 Zoning District within 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 the _________________, 2026.
(A full copy of the text of this Ordinance is available from City Clerk).
City of Eden Prairie
Hennepin County, Minnesota
Resolution No. 2026–____
RESOLUTION APPROVING THE PRELIMINARY PLAT OF PRAIRIE LAKES BUSINESS
PARK 1ST ADDITION FOR KRAUS-ANDERSON, INCORPORATED
BE IT RESOLVED, by the Eden Prairie City Council as follows:
That the preliminary plat of the parcel(s) legally described in Exhibit A attached, named Prairie
Lakes Business Park 1st Addition for Kraus-Anderson stamp dated April 15, 2026, and consisting
of 13.07 acres into two lots, a copy of which is on file at the City Hall, is found to be in
conformance with the provisions of the Eden Prairie Zoning and Platting ordinances, and
amendments thereto, and is herein approved subject to approval of the 2nd reading of the
Ordinance for the Planned Development Amendment with waivers, approval of a Site Plan
Amendment, and approval of the Development Agreement amendment.
ADOPTED by the City Council of the City of Eden Prairie this 21st day of April, 2026.
Ronald A. Case, Mayor
ATTEST:
David Teigland, City Clerk
EXHIBIT A
Preliminary Plat Legal Description:
Lot 3, Block 1, Prairie Lakes Business Park, Hennepin County, Minnesota
City of Eden Prairie
Hennepin County, Minnesota
Resolution No. 2026–____
RESOLUTION ADOPTING FINDINGS OF FACT IN SUPPORT OF PARK DEDICATION
FEES FOR PRAIRIE LAKES CORPORATE CENTER
BE IT RESOLVED, City Code Chapter 12, Section 12.40 Subd. 1 requires an owner of land being
subdivided to dedicate to the public for public use as parks, playgrounds or public open space a
reasonable portion of the land up to 10% thereof; and
BE IT RESOLVED, that in lieu of dedicating land, City Code Chapter 12, Section 12.40 Subd. 2.,
gives the City the option to require the developer to contribute an equivalent amount in cash in
lieu of all or a portion of the land which the City may require such owner to dedicate in
accordance with the schedule to be set by resolution of the Council; and
BE IT RESOLVED, the Prairie Lakes Corporate Center project includes subdivision of property
pursuant to City Code Chapter 12 into 2 lots (the “Project”); and
BE IT RESOLVED, that park dedication fees were not paid to the City when the property was
originally platted and developed; and
BE IT RESOLVED, the payment of cash park fees in lieu of land dedication is appropriate given
the nature of the use on the property; and
BE IT RESOLVED, the City’s current fee ordinance sets the cash park fee at $11,500 per acre for
commercial and industrial development, which amount was calculated in accordance with
Minn. Stat. § 462.358, subd. 2b(c); and
BE IT RESOLVED, that park dedication fees shall be paid as required by the Development
Agreement; and
BE IT RESOLVED, the City Council held a public hearing at its April 21, 2026, meeting.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, that
the following findings are hereby adopted in support of the imposition of a cash park fee in lieu
of land dedication as a condition of subdivision approval for the Prairie Lakes Corporate Center
project:
1. The Project does not include available land that is suitable for parkland.
2. The Project includes two office buildings. Occupancy of the project is expected to have
an impact on the City’s parks and trail system.
3. The Project is adjacent to trails, increasing the likelihood that residents of the Project
will use the City’s trails, parks, and open spaces.
4. The City improves and maintains the pedestrian and bicycle facilities for all residents and
visitors to enjoy.
5. There is an essential nexus between requiring the cash park fees for the Project and the
City’s goal of providing a high-quality park system for all individuals who live, work or
visit the City, including patrons of the Project.
6. The need for parkland created by the Project is roughly proportional to the cash park fee
amount required by the City’s fee ordinance. The cash park fees will be used for future
anticipated park acquisition and improvement projects in the City, pedestrian and
bicycle facility improvements, and other projects to improve City park and recreational
facilities that are likely to be used by patrons of the Project.
ADOPTED by the City Council of the City of Eden Prairie this 21st day of April, 2026.
Ronald A. Case, Mayor
ATTEST:
David Teigland, City Clerk
Planning Commission Staff Report
Date: March 23, 2026
Location: 11010 Prairie Lakes Drive
Subject: Prairie Lakes Corporate Center Subdivision
From: Sarah Strain, Planner II
Applicant: Ben Huninghake, Kraus Anderson, Inc.
Review period
expires:
July 2, 2026
ITEM DESCRIPTION
The applicant is requesting to subdivide the existing parcel into two lots. The intention is to
maintain ownership of the northern lot and to sell the southern lot for redevelopment. The
proposed subdivision requires waivers due to existing conditions on the site. There are no
planned building, landscaping, or parking changes with this application, but a Site Plan
Amendment is required to reflect the new property lines.
REQUESTED ACTIONS
• Planned Unit Development Amendment on 13.07 acres
• Preliminary Plat of 13.07 acres into two (2) lots
• Site Plan Amendment on 13.07 acres
PROJECT DESCRIPTION/ BACKGROUND
COMPREHENSIVE PLAN AND ZONING
The property is zoned Office and guided Office in the comprehensive land use plan. There are no
zoning or comprehensive plan changes with this application.
SITE PLAN
While there are no proposed site changes with this application, a Site Plan Amendment is
required to approve the site details for the newly created lots. The existing parking, buildings,
and landscaping will remain in the current configuration. The proposed property line bisects the
breezeway between the two (2) buildings and goes along the pavement markings of the parking
stalls. This will require two (2) setback waivers: one (1) for a zero (0) foot building setback and
one (1) for a zero (0) foot parking setback.
PRELIMINARY PLAT
The applicant is proposing the subdivide one (1) lot into two (2) lots. There would be one (1)
building on each lot after the plat. The new property line subdividing the properties is outlined
in yellow on the following page. Both lots meet the minimum size requirement of the Office
zoning district. Lot 1, the northern lot, requires a waiver for lot width at the right-of-way line. The
Staff Report – Prairie Lakes Corporate Subdivision March 23, 2026 Page 2 Office zoning district requires lots to have at least 100 feet of frontage on a public street. The
proposed plat shows 74.6 feet of lot frontage on Prairie Lakes Drive.
PLANNED UNIT DEVELOPMENT WAIVERS
The purpose of a Planned Unit Development (PUD) as stated in the City Code is to provide for a
more creative and efficient approach to the use of land within the City; to allow variety in the
types of environment available to people and distribution of overall density of population and
intensity of land use where desirable and feasible; and provide for greater creativity and flexibility
in environmental design. This site is currently part of a PUD, and the applicant is requesting an
amendment to add the following waivers:
1. Building Setback: City Code requires a minimum side yard setback of 20 feet in the Office
Zoning District. There is a breezeway that connects the two (2) buildings. The new
property line is proposed to bisect this breezeway, creating a zero (0) foot building
setback from the property line. This waiver is supported as it is an existing condition along
the interior property line of the PUD area, minimizing impacts to adjacent properties.
2. Parking Setback: City Code requires parking areas to be set back at least 10 feet from side
lot lines. The proposed property line would create zero (0) foot parking setbacks. This
Staff Report – Prairie Lakes Corporate Subdivision March 23, 2026 Page 3 wavier is supported as a shared access and parking agreement will be required as a
condition of approval, and several properties, especially PUDs, have zero (0) foot parking
setbacks.
3. Number of Parking Stalls: City Code scales the number of required parking spaces for
office use based on the size of the building(s). In this case, the site is required to provide
4 parking stalls per 1000 square feet of office space. This is currently met between the
two (2) lots. This waiver allows both office buildings to maintain a parking ratio of 4 stalls
per 1,000 square feet, even if the buildings are altered in the future. Staff is supportive of
this waiver as the interior property line was drawn to anticipate current and future
parking needs on both sites.
4. Minimum Lot Width along a Public Roadway: Properties in the Office zoning district are
required to have at least 100 feet for lot frontage on a public roadway. The proposed plat
shows Lot 1 having 74.6 feet of frontage on Prairie Lakes Drive. The waiver is supported
as the frontage feels larger due to Lot 1 sharing driveway access with 11200 Prairie Lake
Drive.
ACCESS AND STREET CONNECTIONS
There are two (2) access drives to Prairie Lakes Drive, one (1) in the southwest corner and one
(1) on the southern tip of the lot. The current parcel shares the southwest access to Prairie Lakes
Drive with 11200 Prairie Lakes Drive. There are no proposed access or street changes with this
application. A Cross Access agreement between the two (2) new lots will be required.
WETLAND AND SHORELAND
This property is within the Shoreland Overlay Zoning District as it is within 1,000 feet of Anderson
Lake. With the recent Shoreland Code amendment, non-residential properties may have up to
70 percent impervious surface coverage. Lot 1 is proposed to have approximately 63 percent
impervious surface coverage, and Lot 2 is proposed to have approximately 67 percent impervious
surface coverage.
UTILITIES
Easement agreements have been written to guarantee each property will maintain access to all
utilities and access across the sites.
STAFF RECOMMENDATION
Staff recommends approval of the PUD Amendment, Preliminary Plat, and Site Plan Amendment
on 13.07 acres.
CONDITIONS OF APPROVAL
This is based on plans dated March 4, 2026, and the following conditions:
1. Prior to the 1st Reading at City Council, the applicant must:
A. Revise the project narrative to reflect correct shoreland regulations and
impervious surface percentages.
Staff Report – Prairie Lakes Corporate Subdivision March 23, 2026 Page 4 2. Prior to release of the final plat, the applicant must:
A. Provide a Cross Access, Parking and Utility Easement document over the private
driveways, parking areas, and infrastructure located on the Property that provides
cross access, shared parking, and utility access between Lots 1 and 2 of the
Property.
3. The following waivers are granted through the PUD for the project as indicated in the
plans dated March 4, 2026.
A. Building Setback: 0 feet from the interior side property line where 20 feet is
required.
B. Parking Setback: 0 feet from the interior side property line where 10 feet is
required.
C. Parking Stalls: 4 parking stalls per 1000 square feet.
D. Lot Width: 75 feet where 100 feet is the minimum.
Unapproved Minutes
Eden Prairie Planning Commission Meeting
7 p.m. Monday, March 23, 2026
City Center Council Chambers
8080 Mitchell Road
Eden Prairie, MN 55344
ATTENDEES
Commission Members: John Kirk, Frank Sherwood, Andrew Pieper, Ed Farr, Trisha Duncan,
Robert Taylor, Dan Grote, Charles Weber; Phou Sivilay
City Staff: Jeremy Barnhart, City Planner; Carter Shulze, City Engineer; Matt Bourne, Parks and
Natural Resources Manager; Kristin Harley, Recording Secretary
MEETING AGENDA
I. Call the Meeting to Order
Chair Pieper called the meeting to order at 7 p.m. Commission Members Kirk and Grote
were absent.
II. Pledge of Allegiance
III. Approval of Agenda
MOTION: Taylor moved, seconded by Farr, to approve the agenda. Motion carried 6-0.
IV. Minutes
A. Planning Commission meeting held Monday, March 9, 2026
MOTION: Duncan moved, seconded by Sherwood, to approve the minutes of the
Planning Commission Monday, March 9, 2026. Motion carried 6-0.
V. Public Hearings
A. Prairie Lakes Corporate Center Subdivision (2026-1)
• Planned Unit Development Amendment on 13.07 acres
• Preliminary Plat on 13.07 acres into two (2) lots
• Site Plan Amendment on 13.07 acres
Robert Cunningham, of Kraus-Anderson, displayed a PowerPoint and detailed
the application. The land was currently owned by Kraus-Anderson on which
there were two buildings. The applicant would split the lot between the building
PLANNING COMMISSION MEETING MINUTES
March 23, 2026
Page 2
that was functional and the building to be demolished, although there were no
planned building or site changes in this application. The waivers included a
reduction of the parking setback, due to the new property line going through the
parking lot; a reduction of the building setback because of this new property
line; a reduction of the parking stall ratio to 4 stalls per 1,000 square feet of
building; and a reduction of the minimum road frontage to 75 feet to allow for
better development opportunities in the future for Lot Two (the north lot).
Cunningham displayed the proposed preliminary plat showing the unusual
rhombus-shaped building in the southern lot (Lot One).
Cunningham displayed the parking exhibit showing the number of parking spaces
per lot which met all requirements. Each building had the required utilities
installed. Easement access would be maintained and was reciprocal. He
displayed the drainage and salt management exhibits and explained any changes
to the emergency access/response would have to come back before the
commission for approvals. There were hydrants and fire connections provided
onsite.
Regarding the Shoreland Management, there was a parcel of land owned by the
Park District and a parcel of land owned by the City of Eden Prairie between the
site and the shoreline of Anderson Lake.
The rhombus building was a wedding cake style construction with restrooms and
elevators all located to the west, a functionally obsolete structure that the
applicant anticipated complete demolition of in the future.
Farr recommended the applicant straighten the acute angle to the southwest in
splitting the properties which would solve the problem of the street frontage
currently requesting a waiver. Cunningham commended the solution and stated
he would make that change. Farr asked what would happen to the land on which
the building to be demolished currently stood (Lot Two). Cunningham replied
there probably should never have been one lot with two buildings on it in the
first place, but this was an attempt to rectify the situation. There was no plan for
demolition at this time, only concept plans to have the subdivision in place for
future development opportunities. This was similar to a site in the Southtown
section of Bloomington on which Cunningham had worked.
Farr asked for and received confirmation there could be another PUD request in
the future. He stated his concern if the lot was split, and a buyer came in, the
property line was being drawn prematurely. Cunningham agreed there could be
a sale of one or both of the parcels, but each would be subjected to the PUD
requirement in any case. Farr agreed, but if one property owner pursued a PUD
and the other wished to redraw the property line this could hold up
development on the other property. He stated he did not see the advantage of
drawing this partition at this point in the development.
PLANNING COMMISSION MEETING MINUTES
March 23, 2026
Page 3
Barnhart presented the staff report. There were four waivers being requested:
the building setback related to the corridor between the two buildings; the
parking setback along the west side, which were common in commercial zoning
districts; the parking stall ratio setback, which was reduced due to the
expectation of shared parking and cross-parking; and the and a reduction of the
minimum road frontage to 75 feet to allow for better development opportunities
in the future for Lot Two (the north lot).
There was no proposed development or site change with this application. It was
staff’s recommendation to reduce the frontage even more than was presently
being proposed to maximize the available redevelopment space as much as
possible on the parcel. The property was currently being used for offices and
would have the same use in the future. At minimum a site plan, and likely a PUD
Amendment, would be required for future development.
. The northern property would likely be developed, and the other, larger
development would need a buffer zone. The two future property owners could
work together but that was not a requirement. More screening and buffering
could facilitate this and there may be some opportunity for shared parking
between the two.
Staff recommended approval of the site plan, the preliminary plat, and the
waivers as presented.
Duncan asked if there was a requirement for perimeter drainage and utilities.
Barnhart this was a common requirement, but the City did allow parking in
easements. Perimeter drainage and easements were not shown here but would
be required as part of the final plat. Duncan asked for and received confirmation
the Comprehensive Plan did not yet require this conversion of the southern
parcel to residential. Duncan echoed Farr’s concern regarding the frontage and
asked if the properties needed to be divided now or if the applicant could
demolish the building and sell Lot Two as a vacant parcel.
Barnhart replied a change from office to any other use would require the
Comprehensive Plan Amendment and a full review by the Planning Commission
and the City Council. The division site was the most logical due to the non-vital
corridor between the two. Duncan replied the parking area was a blank canvas,
and some of the islands or divisions could be eliminated more easily than the
buildings. She asked if it was possible to start over on the southern side and
create a new site plan without worrying about the parking structures. Barnhart
replied the prospective owner of the southern lot was not limited to the current
parking configuration, but all other setbacks would apply. This site was
developed before current parking standards, which would require more islands.
PLANNING COMMISSION MEETING MINUTES
March 23, 2026
Page 4
Duncan asked if the location of the proposed new property line was to have a
larger southern property. Barnhart replied there were some contractual
requirements regarding each lot, and the division was intended to ensure that
both parcels could function if one or the other parcels were redeveloped. Staff
and the applicant did not want to create problems from a parking perspective
later. Duncan stated she understood but agreed with Farr’s proposed division.
Taylor asked for and received confirmation the division was to give the owner
the flexibility to sell one or both of the properties rather than buy and develop
the entire site.
Farr stated he assumed the demolition would trigger damage to the parking lot
and stormwater requirement. Schulze replied such demolition typically did not
cause his office to issue land alteration for the building itself.
Farr asked for and received confirmation that if the new south property owner
came back with an application, it would not require the presence or agreement
of the north property owner. Farr expressed concern the potential new owner
could sell off more of the north property without a review. Barnhart replied that
was not the case; the north property owner would have access to a boundary
adjustment review process before the proposal was brought again before the
commission. Farr asked for and received confirmation that with the proposed
boundary, which eliminated a turnaround, there would still be access to both
properties. Barnhart stated both parties would have to agree to amend the
cross-parking and access easement agreement.
Duncan asked if, in order to meet the parking requirements presently there, the
new building would have to remain the same size or less. Barnhart replied he did
not have the precise calculation, but a new smaller building might require more
parking due to the ratio. However, in either case the parking would be sufficient,
four stalls per thousand. Duncan asked for and received confirmation the
waivers were based on the size of the two buildings. Barnhart reminded the
commission there would be no changes to the site or either building. Access and
cross access parking easements would be needed.
Farr asked if the PUD Amendment could be omitted from the motion, or if the
commission could insist upon the preliminary plat remaining preliminary.
Barnhart replied no to the first suggestion as there is an existing PUD, and stated
a final plat was required for any sale, s the final plat created the lot.
Farr suggested using the preliminary plat approval as a tool the applicant could
use to go to market, then request final plat before an actual sale. Barnhart
replied this would be up to the applicant.
MOTION: Taylor moved, seconded by Duncan, to close the public hearing.
PLANNING COMMISSION MEETING MINUTES
March 23, 2026
Page 5
Motion carried 6-0.
Farr asked if the applicant planned to come back with a final plat request as was
the usual procedure, and Cunningham affirmed. Farr then asked if the final plat
request could be delayed until there was a buyer for the land with a site plan
from the purchaser. Cunningham replied he could not pursue refinancing and
marketing the component with only a preliminary plat. Farr asked if Cunningham
understood the potential risk to the north parcel owner, and Cunningham stated
the intention with the proposed division was to allow each building could stand
on its own. Each owner had some level of control and there was a protective
mechanism in place with a mutual agreement and shared easement.
Barnhart stated the City Council would review the final plan, and staffs
recommendation is based on whether the standards of the development
agreement were met and the final plat is consistent with the preliminary plat.
The Planning Commission would not see or review the final plat. Duncan asked
for and received confirmation the site could be replatted by the new owners.
Pieper noted there did seem to have protections in place for the prospective
new owner. Sivilay stated he initially understood Farr’s and Duncan’s concerns,
but had faith in the City Council’s oversight.
MOTION: Taylor moved, seconded by Sherwood, to recommend approval for the
Planned Unit Development Amendment on 13.07 acres; Preliminary Plat on
13.07 acres into two (2) lots; and Site Plan Amendment on 13.07 acres
recommended by staff as represented in the March 23, 2026 staff report
Motion carried 5-1 with one nay vote (Farr).
VI. Reports
A. Planners report
Barnhart announced this was Commission Chair Pieper’s final public hearing. Pieper had
served on the Planning Commission for 12 years, 10 of them as chair. This would also be
Weber’s last meeting as well. Pieper thanked Barnhart and the commission for their work
and congratulated Duncan on her role as Commission Chair.
B. Members’ reports
VII. Adjournment
MOTION: Pieper moved, seconded by Pieper, to adjourn the meeting. Motion carried
PLANNING COMMISSION MEETING MINUTES
March 23, 2026
Page 6
6-0. Chair Pieper adjourned the meeting at 7:50 p.m.
City Council Agenda Cover Memo
Date: April 21, 2026
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 (Role Call Vote)
SUMMARY
Checks 320133 - 320170
Checks 5006596 - 5006924
Wire Transfers 12518 – 12561
ATTACHMENTS
Check Summary
Check Register
City of Eden PrairieCouncil Check Register4/21/2026Amount Vendor Account Description Business Unit Comments485,813 HEALTHPARTNERS Insurance Premiums Health and Benefits April 2026 Premiums462,697 MOTOROLA SOLUTIONS INC OCS-Other Contracted Services Police Remodel Dispatch Remodel - Radio Console Equipment 326,978 UKG INC Payroll Taxes Health and Benefits Payroll Taxes PR Period Ending 04.03.26242,726 PUBLIC EMPLOYEES RETIREMENT ASSOCIATION PERA Health and Benefits PERA PR Period Ending 03.20.26172,477 TOWMASTER Autos Fleet-Public Works New Vehicle Upfitting - 161115,976 KRAUS-ANDERSON CONSTRUCTION COMPANY OCS-Other Contracted Services Police Remodel Police Renovation79,510 XCEL ENERGY Electric Various Funds75,790 XCEL ENERGY Electric Various Funds71,344 METROPOLITAN COUNCIL Due to Other Governments SAC61,651 JOHNSON BROTHERS LIQUOR CO Liquor Product Received Liquor Funds54,873 DIVERSE BUILDING MAINTENANCE Janitor Services Various Funds42,015 TRAFERA LLC OCS-Other Contracted Services Police Remodel36,013 VOYA Deferred Compensation Health and Benefits34,425 CARD CONNECT Credit Card/Bank Fees Various Funds32,956 GRAYMONT Chemicals Water Treatment30,286 BREAKTHRU BEVERAGE MN BEER LLC Liquor Product Received Liquor Funds23,221 VALLEY RICH CO INC OCS-Equipment/Vehicles Water Distribution21,922 JOHNSON BROTHERS LIQUOR CO Liquor Product Received Liquor Funds21,836 ICMA RETIREMENT TRUST-457 Deferred Compensation Health and Benefits21,274 ABM INDUSTRY GROUPS, LLC Janitor Services Various Funds21,134 GARTNER REFRIGERATION & MFG INC OCS-Other Contracted Services Ice Arena Maintenance21,093 NCR PAYMENT SOLUTIONS,PA, LLC Credit Card/Bank Fees Liquor Funds20,592 ADVANCED ENGINEERING & ENVIROMENTAL SERV Design & Engineering Wastewater Capital20,520 BURNET TITLE OCS-Other Contracted Services Local Affordable Housing Aid20,243 HEALTH STRATEGIES Health & Fitness Fire19,353 ADVANCED FIRST AID INC Operating Supplies Various Parks17,293 BREAKTHRU BEVERAGE MN BEER LLC Liquor Product Received Liquor Funds17,079 FORTE OCS-Other Contracted Services Cable PEG15,192 CHASE Credit Card/Bank Fees Various Funds14,907 PAYCHEX Wages and Benefits 494 Corridor Commission14,761 HAMBURG BUILDERS GROUP LLC OCS-Building Staring Lake14,518 SOUTHERN GLAZER'S WINE AND SPIRITS OF MINNESOTA LLC Liquor Product Received Liquor Funds14,483 PRECISION UTILITIES OCS-Equipment/Vehicles Water Distribution14,398 BOLTON & MENK INC Design & Engineering Stormwater Non-Capital13,700 CAPITOL BEVERAGE SALES LP Liquor Product Received Liquor Funds12,590 EPA AUDIO VISUAL INC Capital Under $25,000 Ice Operations12,138 UKG INC MN Paid Medical/Leave Liability Health and Benefits11,687 SOUTHERN GLAZER'S WINE AND SPIRITS OF MINNESOTA LLC Liquor Product Received Liquor Funds10,940 SOUTHWEST SUBURBAN CABLE COMMISSION Dues & Subscriptions City Council10,489 XCEL ENERGY Electric Various Funds10,286 CAPITOL BEVERAGE SALES LP Liquor Product Received Liquor Funds10,279 MINNESOTA LIFE INSURANCE COMPANY Life Insurance Health and Benefits9,548 VAN PAPER COMPANY 9,545 BRAUN INTERTEC CORPORATION 9,431 SHADYWOOD TREE EXPERTS 9,228 MANSFIELD OIL COMPANY 9,190 PHILLIPS WINE AND SPIRITS INC 8,966 BREAKTHRU BEVERAGE MN WINE & SPIRITS 8,814 ARTISAN BEER COMPANY 8,454 U.S DEPARTMENT OF AGRICULTURE 8,324 GRAYMONT 8,300 BPAS 7,655 XCEL ENERGY 7,482 ASCENTEK, INC 6,985 CENTERPOINT ENERGY 6,969 HOHENSTEINS INC 6,954 U.S. BANK - I-494 PURCH. CARD 6,709 JASPER ENGINEERING & EQUIPMENT COMPANY
Amount VendorAccount DescriptionBusiness UnitComments6,614 HEALTHPARTNERS 6,552 PHILLIPS WINE AND SPIRITS INC 6,429 STREICHERS 6,301 FERGUSON WATERWORKS 6,067 MARCO INC 5,875 HENNEPIN HEALTHCARE 5,264 EDEN PRAIRIE FIGURE SKATING CLUB 5,070 HORIZON COMMERCIAL POOL SUPPLY 5,064 ASPEN MILLS 5,005 ETHANOL PRODUCTS LLC 4,853 DG MINNESOTA CS 2021 LLC 4,693 MADISON NATIONAL LIFE INSURANCE CO INC 4,600 CASTRO CLEANING LLC 4,433 MARS SUPPLY 4,431 PAUSTIS & SONS COMPANY 4,213 BOSCH BUILDING TECHNOLOGIES LLC 4,173 SAFEASSURE CONSULTANTS INC 4,006 XCEL ENERGY 4,000 MESSERLI & KRAMER 3,880 METRO SALES INCORPORATED* 3,805 ST CROIX ENVIRONMENTAL INC 3,800 MAGNEY CONSTRUCTION INC 3,762 FIRST RESPONSE MENTAL HEALTH INC 3,720 MENARDS 3,603 VESSCO INC 3,582 AXON ENTERPRISE INC 3,502 XCEL ENERGY 3,500 LEEK MEGHAN 3,500 GRACZYK, JANA 3,445 EMERALD ELEMENTS 3,361 IMPACT PROVEN SOLUTIONS 3,439 XIGENT SOLUTIONS LLC3,317 HOHENSTEINS INC 3,302 SUBURBAN RATE AUTHORITY 3,298 ARTISAN BEER COMPANY 3,275 INVOICE CLOUD INC 3,246 BREAKTHRU BEVERAGE MN WINE & SPIRITS 3,200 USI CONSULTING GROUP INC 2,973 MINNESOTA VALLEY ELECTRIC COOPERATIVE 2,796 MUSIC TOGETHER IN THE VALLEY LLC 2,753 WEX 2,750 HENNEPIN HEALTHCARE 2,555 WM MUELLER AND SONS INC 2,441 CINTAS CORPORATION 2,439 ARVIG 2,400 RIGHTLINE DESIGN LLC 2,377 MACQUEEN EQUIPMENT INC 2,342 BCM ONE 2,333 XCEL ENERGY 2,302 H M CRAGG CO 2,245 EGAN COMPANY 2,206 MENARDS 2,188 BELLBOY CORPORATION 2,181 CLEAR RIVER BEVERAGE CO 2,140 WOODDALE BUILDERS 2,137 PERA 2,100 ADS ON BOARDS 2,098 UNIQUE PAVING MATERIALS 2,012 HEALTHPARTNERS OCCUPATIONAL MEDICINE 1,944 DOMACE VINO LLC 1,912 WINEBOW 1,884 REVOLUTIONARY SPORTS, LLC
Amount VendorAccount DescriptionBusiness UnitComments1,788 XCEL ENERGY 1,785 INTERNATIONAL UNION OF OPERATING 1,779 SOLDO CONSULTING PC 1,765 EARL F ANDERSON 1,750 CORE & MAIN 1,735 WINEBOW 1,726 GRAINGER 1,712 FIDELITY SECURITY LIFE INSURANCE CO 1,662 UKG INC 1,661 OXFORD STREET MERCHANTS 1,600 WL HALL COMPANY 1,594 HENNEPIN COUNTY TREASURER 1,584 AMERICAN RED CROSS 1,582 AMERICAN EXPRESS 1,560 SUPERIOR TURF SERVICES 1,530 WINE COMPANY, THE 1,500 PLAN IT SOFTWARE LLC 1,500 FERGUSON WATERWORKS 1,477 BELLBOY CORPORATION 1,424 PAUSTIS & SONS COMPANY 1,423 WM CORPORATE SERVICES INC 1,403 PRECISE MRM LLC 1,371 XCEL ENERGY 1,370 CLEAR RIVER BEVERAGE CO 1,351 LOCATORS & SUPPLIES INC 1,344 GLOBAL RESERVE LLC 1,296 THE GRINNELL GROUP 1,255 ANDREWS, JOHN 1,253 FASTENAL COMPANY 1,245 HERITAGE LANDSCAPE SUPPLY 1,234 MIDWEST WETLAND IMPROVEMENTS LLC 1,232 FLYING CLOUD TRANSFER STATION 4553 1,193 WEX 1,186 WEX 1,168 ASPEN MILLS 1,164 CONCRETE CUTTING AND CORING 1,148 MARCO INC 1,125 TRAFERA LLC 1,123 GENUINE PARTS COMPANY 1,118 CUSTOM HOSE TECH 1,100 MARTIN-MCALLISTER 1,059 XCEL ENERGY 1,042 XCEL ENERGY 1,039 MEGA BEER 1,024 EHLERS & ASSOCIATES INC 998 MODIST BREWING COMPANY 983 OXFORD STREET MERCHANTS 977 MADDEN, GALANTER, HANSEN PLLC 958 BATTERIES PLUS BULBS #1248 956 VINOCOPIA 948 MIDWEST OVERHEAD CRANE 941 WEX 935 AIRGAS USA LLC 925 CENTERPOINT ENERGY 914 HOME DEPOT CREDIT SERVICES 908 JOHN HENRY FOSTER MINNESOTA INC 855 MACDONALD & MACK ARCHITECTS LTD 833 LEXISNEXIS RISK SOLUTIONS FL INC 831 BARREL THEORY BEER COMPANY 798 AQUA PRO 782 SHADYWOOD TREE EXPERTS 722 SMSC ENTERPRISES
Amount VendorAccount DescriptionBusiness UnitComments709 VENN BREWING COMPANY 707 BERGMAN LEDGE LLC 707 PREMIUM WATERS INC 700 CITY OF SAINT PAUL 691 JOHNSON JUSTIN 684 OSI BATTERIES 682 NEW FRANCE WINE COMPANY 675 FIRE SAFETY USA INC 644 SUMMER LAKES BEVERAGE LLC 636 MODIST BREWING COMPANY 617 I-STATE TRUCK CENTER 612 MAVERICK WINE LLC 600 RAMSEY COUNTY SHERIFF'S OFFICE 600 DRAG N FLY WIRELESS INC 584 WATER CONSERVATION SERVICES INC 582 CENTERPOINT ENERGY 580 KOENIG & SONS EQUIPMENT INC 579 PMA FINANCIAL NETWORK INC 577 WEX 561 SYMBOLARTS 556 MTI DISTRIBUTING INC 547 IDENTISYS 547 MGX EQUIPMENT SERVICES LLC 532 CENTURYLINK 525 INDIGO SIGNWORKS, INC. 525 WALL TRENDS INC 520 STEEL TOE BREWING LLC 514 WEX 508 PRYES BREWING COMPANY 502 PAFFY'S PEST CONTROL 500 US BANK 498 WEX 491 STATE SUPPLY COMPANY 490 UNMAPPED BREWING CO 488 LHB INC 483 INVOICE CLOUD INC 468 JIXXIE INC 463 US BANK - CREDIT CARD MERCHANT ONLY 457 MEGA BEER 457 XCEL ENERGY 452 VINOCOPIA 452 WEX 444 NORTH CENTRAL LABORATORIES 444 DIVERSE BUILDING MAINTENANCE 427 WEX 425 HENNEPIN COUNTY FIRE CHIEF ASSOC 418 MINNESOTA VALLEY ELECTRIC COOPERATIVE 413 ABRAMOVICH GENNADIY 410 GREAT LAKES COCA-COLA DISTRIBUTION 403 MINNESOTA VALLEY ELECTRIC COOPERATIVE 394 BACK CHANNEL BREWING COLLECTIVE LLC 387 WSB & ASSOCIATES INC 376 STANTEC CONSULTING SERVICES INC 373 BERGMAN LEDGE LLC 370 BATTERIES PLUS BULBS 361 HUNTER KVASNICKA 360 URBAN GROWLER BREWING COMPANY LLC 356 METRO ELEVATOR 351 WEX 342 ST CROIX LINEN LLC 341 BENKOWSKI ALYSSA 341 CLARK DENNIS
Amount VendorAccount DescriptionBusiness UnitComments341 JOHNSTON, ROB 341 JOHNSON, TROY 340 GRAINGER 336 WEX 335 VESTIS SERVICES LLC 333 METROPOLITAN FORD 330 ESTRINE, ROBERT 323 ALBERT, MICHAEL 310 LUCE LINE BREWING CO LLC 309 TRANSUNION RISK & ALTERNATIVE DATA 303 INNOVATIVE OFFICE SOLUTIONS 300 MINNESOTA MUNICIPAL BEVERAGE ASSOCIATION 300 PETERSON COUNSELING AND CONSULTING LLC 291 WEX 272 WINE COMPANY, THE 258 VESTIS SERVICES LLC 255 GOLDENSTEIN, JAMES 253 STAVE NOAH 252 STEEL TOE BREWING LLC 250 CENTERPOINT ENERGY 242 SHAMROCK GROUP, INC - ACE ICE 242 EDEN PRAIRIE NOON ROTARY CLUB 240 MNIAI 239 ADVANCED GRAPHIX INC 238 SMALL LOT MN 234 MARBLE MEDORI 232 BATTERIES PLUS BULBS 230 WELTER JACK 230 MIKE STEIN 226 MINNESOTA POLLUTION CONTROL AGENCY 221 HAAK LORI 220 HENNEPIN COUNTY TREASURER 212 TIMESAVER OFF SITE SECRETARIAL INC 211 CENTERPOINT ENERGY 210 DANGEROUS MAN BREWING 198 FAT PANTS BREWING CO LLC 184 DANGEROUS MAN BREWING 182 CENTURYLINK 180 TWIN CITY SEED CO 179 STAPLES ADVANTAGE 177 CINTAS CORPORATION #470 173 PROPIO LS LLC 170 CUSTOM HOSE TECH 167 CATALYST GRAPHICS INC 164 BERRY COFFEE COMPANY 162 PARLEY LAKE WINERY 159 TOLL GAS AND WELDING SUPPLY 156 JUNKYARD BREWING COMPANY LLC 156 COREMARK METALS 155 INBOUND BREW CO 153 AM CRAFT SPIRITS SALES & MARKETING 152 MACQUEEN EQUIPMENT INC 151 LANO EQUIPMENT INC 151 JUNKYARD BREWING COMPANY LLC 150 COOPER, KIMBERLY 149 CENTURYLINK 149 CENTURYLINK 148 INBOUND BREW CO 144 EDEN PRAIRIE FIREFIGHTER RELIEF ASSOC - DUES 142 PROP - PR 142 PROP - PR 141 DAXKO LLC
Amount VendorAccount DescriptionBusiness UnitComments140 FLEETPRIDE INC 140 A TO Z RENTAL CENTER 139 I-STATE TRUCK CENTER 139 BLACK & DECKER, U S INC 137 EDEN PRAIRIE FIREFIGHTER RELIEF ASSOC - DUES 136 WEX 134 ECM PUBLISHERS INC 132 SUBURBAN CHEVROLET 131 RIGID HITCH INCORPORATED 129 JOHNSON KARLEIGH 128 RICHFIELD PRINTING INC 128 DIGI-KEY 128 HOUSTON ENGINEERING INC 126 MULCAHY COMPANY INC 125 DAMA METAL PRODUCTS INC 124 PAYA 122 STAPLES ADVANTAGE 122 STERICYCLE INC 120 XCEL ENERGY 120 BIG STATE INDUSTRIAL SUPPLY INC 115 CENTURYLINK 114 HEADFLYER BREWING 113 JAMES OLSON 110 JERRY GREGORY 105 WOODEN HILL BREWING COMPANY LLC 103 MARTH JENNIFER 103 TWIN CITY FILTER SERVICE INC 99 XCEL ENERGY 99 PILGRIM DRY CLEANERS INC 99 3CMA 96 WEX 95 MINNESOTA ICE SCULPTURES LLC 94 REILLY ALVORD 92 PAYCHEX 91 STEPHANIE ZIGAN 90 SCOTT DENDOOVEN 90 GAMIEL HALL 88 MINNESOTA VALLEY ELECTRIC COOPERATIVE 85 MINNESOTA VALLEY ELECTRIC COOPERATIVE 83 MUNOZ, MEGAN 81 UPS SUPPLY CHAIN SOLUTIONS 81 INSIGHT BREWING COMPANY LLC 80 SCOTT WENISCH 74 CITI-CARGO & STORAGE CO, INC 73 CENTURYLINK 71 CENTURYLINK 65 LUEBKE, BRADY 60 MINNESOTA VALLEY ELECTRIC COOPERATIVE 60 NARAYANAN PG 60 TOOMEY LISA 58 KLEIN KYLE 57 MINNESOTA VALLEY ELECTRIC COOPERATIVE 57 POMP'S TIRE SERVICE INC 54 WEX 53 MINNESOTA VALLEY ELECTRIC COOPERATIVE 53 OPHOVEN SAW SERVICE LLC 52 MINNESOTA VALLEY ELECTRIC COOPERATIVE 51 RICHFIELD PRINTING INC 50 HENNEPIN COUNTY WARRANT OFFICE 48 CUSTOM TRUCK ONE SOURCE 47 DAKOTA PRINTING INC 45 US LEGACY PROMOTIONS
Amount VendorAccount DescriptionBusiness UnitComments43 MELBY, MAX 38 KAMILLE KESSEL 35 ALL TRUCK AND TRAILER PARTS (ATTP) 34 UPS SUPPLY CHAIN SOLUTIONS 33 MEREDITH KATE 30 MINNESOTA VALLEY ELECTRIC COOPERATIVE 25 CHC CREATING HEALTHIER COMMUNITIES 25 CHC CREATING HEALTHIER COMMUNITIES 25 EDEN PRAIRIE CRIME PREVENTION FUND 25 EDEN PRAIRIE CRIME PREVENTION FUND 24 ROSINE RIZK 23 SPOK, INC. 23 METROPOLITAN FORD 22 CHARLES LEA 21 XCEL ENERGY 21 GERRY LANE ESTATE 20 EDEN PRAIRIE LOCAL NEWS 18 MRI SOFTWARE LLC 17 MINNESOTA VALLEY ELECTRIC COOPERATIVE 16 NCPERS GROUP LIFE INSURANCE 15 MINNESOTA VALLEY ELECTRIC COOPERATIVE 15 ACME TOOLS 12 MTI DISTRIBUTING INC 11 JOHNSTONE SUPPLY 10 TENZIN PASSANG 10 EDEN PRAIRIE FOUNDATION 10 EDEN PRAIRIE FOUNDATION 6 NCR PAYMENT SOLUTIONS,PA, LLC 6 TIM BUSS 6 JERRY'S ENTERPRISES INC 5 HARRY URSCHEL 3,233,682 Report Total
City of Eden Prairie
Council Check Summary
4/21/2026
Division Amount Division Amount
000 General Total 5,690 315 Economic Development Total 428
100 City Manager Total (1,821) 445 Cable PEG Total 17,079
101 Legislative Total 14,574 509 CIP Fund Total 2,007
102 Legal Counsel Total 474 512 CIP Trails Total 128
110 City Clerk Total 134 526 Transportation Fund Total 2,245
111 Customer Service Total 424 543 Police Remodel Total 633,767
112 Human Resources Total 34 Total Capital Projects Fund 655,652
113 Communications Total 2,499
114 Benefits & Training Total 11,258 601 Prairie Village Liquor Total 71,909
131 Finance Total 3,575 602 Den Road Liquor Total 148,534
132 Housing and Community Services Total 242 603 Prairie View Liquor Total 78,998
136 Public Safety Communications Total 4,365 605 Den Road Building Total 727
151 Park Maintenance Total 66,800 701 Water Enterprise Fund Total 166,024
154 Community Center Total 49,398 702 Wastewater Enterprise Fund Total 23,505
156 Youth Programs Total 5,283 703 Stormwater Enterprise Fund Total 16,823
157 Special Events Total 234 Total Enterprise Fund 506,519
158 Senior Center Total 53
159 Recreation Administration Total 8,494 802 494 Commuter Services Total 28,124
162 Arts Total 454 806 SAC Total 72,065
163 Outdoor Center Total 688 807 Benefits Fund Total 1,162,404
180 Police Sworn Total 28,281 812 Fleet Internal Service Total 205,190
184 Fire Total 31,780 813 IT Internal Service Total 20,786
186 Inspections Total 3,994 815 Facilities Operating ISF Total 31,947
200 Engineering Total 488 816 Facilities City Center ISF Total 35,557
201 Street Maintenance Total 13,125 817 Facilities Comm. Center ISF Total 75,633
202 Street Lighting Total 159,592 818 Dental Insurance Total 8,672
Total General Fund 410,113 Total Internal Svc/Agency Funds 1,640,377
322 Local Affordable Housing Aid Total 20,520 Report Total 3,233,682
804 100 Year History Total 1
Total Special Revenue Fund 20,521
449 2025A GO Capital Improvement Bonds Total 500
Total Debt Service Fund 500