The URL can be used to link to this page

Home My WebLink AboutCity Council - 08/18/2026Eden Prairie City Council Workshop Agenda 5:30 p.m. Tuesday, Aug. 18, 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. Eden Prairie Baseball and Fastpitch Softball Associations Indoor Facility at Miller Park Proposal 2. New Private Well Discussion Council Chambers 3. Open Podium 4. Adjournment Eden Prairie City Council Meeting Agenda 7 p.m. Tuesday, Aug. 18, 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. American Red Cross lifeguard training award B. Minnesota Association of Government Communicators awards V. Approval of Agenda and Other Items of Business VI. Minutes A. City Council Workshop held Tuesday, July 14, 2026 B. City Council Meeting held Tuesday, July 14, 2026 VII. Consent Calendar A. Clerk’s List CITY COUNCIL MEETING AGENDA August 18, 2026 B. 11609 Leona Road Phase II by Kimley-Horn. Approve the second reading of an Ordinance for a Planned Unit Development District Review with Waivers on 3.44 acres, adopt Resolution for Site Plan on 3.44 acres C. Marshall Farms by Marshall Farms, LLC. Approve the second reading of an Ordinance for a Planned Unit Development District Review with Waivers on 32.13 acres and a Zoning District Change from Rural to R1-9.5 on 17.84 acres and from Rural to Parks and Open Space on 14.29 acres, approve Development Agreement D. Adopt Resolution approving Marshall Farms ﬁnal plat E. Adopt Resolution approving Ridgecrest Flying Cloud First Addition ﬁnal plat F. Adopt Resolution approving Dell Road local road improvement program grant agreement G. Approve contract for Water Treatment Plant wash water tank reconditioning with Classic Coating, Inc. H. Approve Twin Cities and Western Railroad Company license agreement for underground storm sewer I. Award contract for guardrail replacements (MnDOT Contract No. 234381) to H & R Construction Co. J. Approve professional services agreement for Pond 05-13-B Rehabilitation with Stantec Consulting Services, Inc. K. Award Contract to Water Conservation Services Inc. for a City-Wide Water System Leak Survey L. Approve agreement to conduct the 2026 Community Survey with Policy Conﬂuence, Inc. (Polco) M. Approve standard agreement for contract services to replace Eden Prairie Community Center ﬁre panel system with Twenty 4 Seven Fire and Security N. Approve Contract for Good and Services with Innovative Oﬃce Solutions for the purchase of a Cenobot SP 50 autonomous cleaning vacuum O. Award contract for 2026 Capital Improvement Project fence projects to Dinius Fence LLC P. Approve change order #1 for additional building materials for Cedar Hills Bike Park trail construction CITY COUNCIL MEETING AGENDA August 18, 2026 Q. Approve amendment to professional services agreement for the completion of construction and easement documents for the City West Station trail connection with Houston Engineering R. Approve proposal and authorize entering into a contract for goods and services to remove buckthorn from Prairie Bluﬀ Conservation Area with Great River Greening as match for Hennepin County Outdoor Heritage grant S. Approve change order to current contract for RTA Maintenance Trail prairie restoration with Landbridge Ecological Services T. Approve professional services agreement for Staring Lake Trail Bridge Replacement project construction administration with Houston Engineering U. Accept bids and award contract for the replacement of Staring Lake loop trail bridges to Sunram Construction, Inc. V. Approve second amendment to license agreement with Verizon Wireless at 6233 Baker Road VIII. Public Hearings and Meetings A. Dell Road Improvement Project 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 D. Report of Parks and Recreation Director E. Report of Public Works Director CITY COUNCIL MEETING AGENDA August 18, 2026 F. Report of Police Chief G. Report of Fire Chief H. Report of City Attorney XIV. Other Business XV. Adjournment City Council Agenda Cover Memo Date: August 18, 2026 Section: Proclamations and Presentations Item Number: IV.A. Department: Parks and Recreation ITEM DESCRIPTION Presentation recognizing the City of Eden Prairie for receiving the American Red Cross Training Services Recognition Award for being a top training provider in 2025. REQUESTED ACTION No formal action requested. SUMMARY The City of Eden Prairie was recognized as a Top Training Provider in the United States for 2025 from the American Red Cross (our 4th year in a row receiving this recognition). This is based not only on quantity of aquatics training, but also on quality and participant satisfaction. The Parks and Recreation team is very proud of our eﬀorts in 2025 providing high quality training for over 665 participants across 75 course oﬀerings. Classes include CPR instruction, lifeguard instructor certiﬁcation, and water safety instructor courses. Training courses such as these noted have provided staﬃng for our facility and other regional facilities to be fully staﬀed and provide the instructors for over 1000 youth to take swimming lessons at the Eden Prairie Community Center this past year. This award honors our deep commitment to water safety and the positive impacts that have resulted in our community, throughout Minnesota, and beyond. We are appreciative of our Aquatics Supervisor Nick Remmes and his talented team of lifeguards for the daily leadership they provide in keeping our community safe at both our outdoor beaches and indoor aquatics center. Also, for their collaborative eﬀorts with the American Red Cross in providing such outstanding training opportunities! Tonight, we have our Aquatic Leads Caity Bailey and Sam Ure to say a few words about the award. ATTACHMENTS None. City Council Agenda Cover Memo Date: Aug. 18, 2026 Section: Proclamations and Presentations Item Number: IV.B. Department: Administration / Communications / Joyce Lorenz ITEM DESCRIPTION The Northern Lights Awards recognize excellence in government communications across Minnesota, honoring work that demonstrates exceptional creativity, strategy, execution and measurable results in informing and engaging communities. The contest is conducted annually by the Minnesota Association of Government Communicators (MAGC). MAGC President Ari Lyksett will present the awards the City received at the July 15, 2026, Northern Lights Awards Banquet. SUMMARY The City received seven awards, including ﬁve ﬁrst-place Northern Lights Awards. “Life in the Prairie” earned three ﬁrst-place awards, in the Graphic Design, General Publication, and Newsletter or Magazine categories. The Eden Prairie Liquor “NAME THAT GUMMY” campaign earned two ﬁrst-place awards, for Marketing or Communications Plan and Community Engagement. The “Little Berry on the Prairie” THC edible packaging received a second-place award for Graphic Design, and the City’s work to digitize Senior Center communications earned third-place recognition in the Marketing or Communications Plan category. For an unprecedented ﬁfth time, “Life in the Prairie” was named one of six Best of Show nominees. “Life in the Prairie” won Best of Show in its debut year, 2018, and earned the honor again in 2025. In addition, Communications Manager Joyce Lorenz received the Scott Pengelly Lifetime Achievement Award — MAGC’s highest individual honor. The award is named for respected Minnesota government communicator Scott Pengelly and recognizes individuals who have demonstrated exceptional leadership and made lasting contributions to public-sector communications. Eden Prairie City Council Workshop Agenda 5:30 p.m. Tuesday, July 14, 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. 2027 Budget Case noted a City’s budget represents the Council’s priorities. Getschow explained Eden Prairie is currently in its second year of a two-year budget cycle. There are multiple inputs to the budget including the Citywide Work Plan and the Quality of Life survey. Citywide goals guide the budget process including high quality eﬃcient services, community well-being and safety, preserved and beautiful environment, sense of community, innovative and sustainable practices, and economic vitality. Council will vote to adopt the preliminary 2027 levy in September and the ﬁnal 2027 levy in December. Goals for the budget include providing high quality services with a reasonable tax impact, conservatively estimating revenues and expenditures, and maintaining strong fund balance policies. Getschow described budget highlights for the 2027 budget including expanded contracts for parks and natural resources maintenance, sustainability initiatives, ongoing ﬁre staﬃng, and continued investment in community events. Wages in 2027 are proposed to increase 10.6 percent mainly due to eight additional ﬁre staﬀ whose wages are funded by the Staﬃng for Adequate Fire and Emergency Response (SAFER) grant. Workers Compensation expense is decreasing by $300 thousand. The City will follow suit with many surrounding cities to pass credit card fees onto the purchaser. Freiberg noted health insurance premiums are increasing 16.9 percent and asked what last year’s increase is. Rose conﬁrmed last year’s increase was 20 percent. The City had received single digit increases for the past ten years and was due for a large increase. A rate cap of 16.9 percent was negotiated; without the cap the increase would have likely been up to 34 percent. Getschow explained positive changes to budgeted revenue including a positive increase in Community Center membership. Building permit revenue is budgeted to increase by $500 thousand due to approved development projects scheduled for 2027. Budgeted intergovernmental revenue will also increase due to the receipt of the SAFER grant. Positive changes to budgeted revenue and expense result in a proposed 2027 property tax increase of 2.9 percent. The ﬁscal disparities portion has historically not been received until August. Case asked for the worst case scenario on ﬁscal disparities. Getschow conﬁrmed it usually ﬂuctuates 1/3 of a percentage, if it doesn’t change drastically from last year the proposed levy may still be 2.9 percent. Case asked what drives ﬁscal disparities. Getschow stated changes in commercial values in Eden Prairie compared to other cities. Getschow noted the debt levy percentage is ﬂat between 2026 and 2027. Market value continues to increase, but slower than post-COVID years. Single family home values are increasing four percent and commercial value is ﬂat. Commercial value remaining ﬂat is a good thing compared to decreases in surrounding cities, however this means residential taxpayers will see a ﬁve to seven percent tax increase. Getschow provided percentage city tax impacts by market value range. Getschow displayed a graph of proposed property tax capacity, levy, and rates. Tax capacity has increased to $155 million. The tax capacity rate increased slightly by 0.5 percent. Over the past ten years, Eden Prairie has had the second lowest cumulative tax increase for similar sized metro cities. The Council will vote on a preliminary levy and budget ceiling at the September 1 Council meeting. The ﬁnal levy and budget will be adopted December 1. The budget will continue to be a discussion topic at the August and September workshops. 2. Franchise Fees – Commercial/Industrial Properties Ellis introduced the next topic, franchise fees for commercial and industrial properties. Franchise fees were adopted in 2012 for gas and electric companies to fund pavement management in a more eﬃcient, equitable, and predictable manner. Franchise fees were last increased January 2023. Eden Prairie’s two goals for pavement management include an average Pavement Condition Index (PCI) rating above 70 (very good or excellent), and less than ten percent of roads in the poor, very poor, or failed category. The City is in compliance with both goals. Maintaining the current fee schedule, the City is projected to rise above ten percent of roads in the poor, very poor, or failed category by 2031. Ellis explained staﬀ is recommending a fee change resulting in $500 thousand additional annual revenue. The City would stay in compliance with its goals through 2031 under the recommended fee structure. Ellis explained the property classiﬁcations of residential, small commercial A and B, and large commercial. There would be no change to the residential fee of $6.50. Small commercial A would increase from $8.50 to $10.50, small commercial B would increase from $20.50 to $27.60. Large commercial would increase from $89.50 to $119. Eden Prairie is slightly higher on residential franchise fees and much lower on commercial fees compared to peer cities. Large commercial properties drive traﬃc, resulting in more wear on roads. One semi-truck causes an equivalent amount of road damage as 9,600 cars. Case noted concerns about high taxes and fees raised by small businesses in the Eden Prairie Chamber of Commerce. Case asked if staﬀ considered keeping small commercial fees the same and adding the additional increase to large commercial properties. Ellis explained there are more customers in the small commercial A and B categories and fewer in the large commercial category. The fee increase per large commercial customer would need to be higher to generate the same amount of revenue. Case stated his preference to protect small businesses from rising costs. There could be other potential funding options to protect small businesses. Toomey added the City wants to remain welcoming for businesses. Nelson noted the peer cities listed vary widely in age and size, such as Minneapolis, and asked for the fees of a peer city of more comparable age and size. Ellis stated Burnsville charges $468 and Chanhassen charges $290 for commercial fees. Case stated his trust in staﬀ for calculating the additional revenue needed. It is Council’s role to direct staﬀ to ﬁnd an alternative funding source if determined necessary. Nelson stated she would be alright with the proposed funding source and reiterated the importance of maintaining excellent roads. Case stated there may be room to increase the large commercial fee in exchange for protecting small businesses. Ellis explained next steps to implement the proposed fees. The ﬁrst and second reading of the ordinance would occur in January 2027. Oﬃcial notice would be provided to Xcel Energy, CenterPoint, and Minnesota Valley Electric Cooperative. The new fee structure would ultimately become eﬀective in April 2027. 3. Ten Year Capital Improvement Plan Road Construction Projects Ellis introduced the next topic. Nine large road projects are planned for the 2027 to 2036 Capital Improvement Plan (CIP). Typical funding sources include Municipal State Aid, utility enterprise funds, sewer and water access charges, grants, and funding from the Federal government, State, and/or County. If Marshall Farm develops, Dell Road from Crestwood Terrace to County Road 61 will be a 2027 project. Upgrades include utilities and a two lane roadway. Case asked if the neighbors are building a culvert. Ellis conﬁrmed the neighbors received a grant from the watershed district. Ellis described two bridge projects in the CIP. The Eden Prairie Road bridge is scheduled for 2027 and will require a total road closure. Once complete, this project will close trail gaps in the area. The Purgatory Creek bridge at Creek Knoll Road is scheduled for 2027 and will include redoing the bridge, adding a trail, and connections to the surrounding neighborhood. The Heritage Preservation Commission will be involved as this is a historic site. Ellis described the next project, Riverview Road from Homeward Hills to Parker Drive. This project will include reconstructing the roadway and installing curb and gutter. Duck Lake Trail from Duck Lake road to County Road 4 is also planned and will include a sidewalk on the south side. There is a petition from the Willow Creek Road neighborhood to install water and sewer utilities. This neighborhood is currently on well and septic. As of now only half the neighborhood is in favor. Ellis described the remaining road projects on the horizon including Scenic Heights Road, Roberts Drive, and Bryant Lake Drive. Council Chambers 4. Open Podium 5. Adjournment Eden Prairie City Council Unapproved Minutes 7 p.m. Tuesday, July 14, 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 CITY COUNCIL MEETING AGENDA I. Call the Meeting to Order Mayor Case called the meeting to order at 7 p.m. All Council Members were present. II. Pledge of Allegiance III. Open Podium Invitation IV. Proclamations and Presentations A. Update from Hennepin County Commissioners Edelson and Goettel Getschow introduced Hennepin County Commissioners Edelson and Goettel, who presented a Hennepin County Update. Commissioner Edelson introduced herself and noted she represents District 6, which includes part of Eden Prairie. Commissioner Goettel introduced herself and noted she represents District 5, which includes Richﬁeld, Bloomington, and the southern portion of Eden Prairie and a small portion of southwest Minneapolis. Commissioner Goettel stated Hennepin County typically falls under the radar, but has a lot of impact on Minnesota as the second largest government entity in the state and has over $3.1 billion in its annual budget. CITY COUNCIL MEETING ANNOTATED AGENDA July 14, 2026 Commissioner Edelson added they represent around 190,000 people in their districts. There are seven Commissioners for Hennepin County, with a total of 1.3 million residents. She saw the City's Quality of Life service and commended the Council on the work they are doing in the City. Commissioner Edelson explained widespread support from communities across Minnesota helped secure $205 million in funding, with additional funding expected in the future to help preserve Hennepin County Medical Center (HCMC) hospital. However, the county faces signiﬁcant uncertainty due to anticipated federal and state budget cuts, Medicaid changes, and SNAP-related challenges. The county's $3.15 billion budget relies heavily on property taxes at 35.4 percent of the budget, as well as federal and state funding, making it vulnerable to funding ﬂuctuations. Due to ﬁnancial constraints, the county plans to slow capital improvement projects in the coming budget cycle. Public safety and the justice system continue to face growing demands, including ongoing staﬃng shortages and overtime costs at the county jail. Commissioner Goettel detailed major ﬁnancial challenges aﬀecting county programs due to federal and state funding reductions. An $8 million annual cut to SNAP beneﬁts will reduce staﬃng and make it harder to process the growing number of food assistance applications. To help address food security, the county invested $2 million in local food networks and shelves. The county has also lost $10.8 million in grants, including terminated FEMA funding, and has chosen not to pursue some grants because their compliance requirements were too strict. Looking ahead to 2027, the county expects an additional $20 million in cuts, including reductions in HUD support for housing security, and $59 million in cuts for Medicaid funding. This will have a signiﬁcant impact on services for people experiencing homelessness, senior citizens, and people with disabilities. Case added HCMC Hospital has to serve everyone that shows up regardless of funding, which is why Minnesota supported keeping HCMC open. The cumulative hit of these budget cuts is ﬁve percent, which is a big deal. Commissioner Goettel added everyone got on board with supporting HCMC Hospital. It is a level one trauma center, which is important to keep in the area. Despite receiving $755 million in total to help stabilize the hospital, the hospital lost 300 employees who were worried about the stability of their jobs, and those jobs now have to be replaced. This funding does not support a long-term debt cycle that the hospital will always have, especially with the Medicaid cuts coming. Commissioner Edelson added rising property values have led to higher property taxes for homeowners. The average Eden Prairie home saw an average property tax increase of nine percent since September 2025. This trend is making it increasingly diﬃcult for residents, as wage growth has not kept pace with rising CITY COUNCIL MEETING ANNOTATED AGENDA July 14, 2026 taxes. Counties are also required by state and federal law to provide many core services, even when funding is reduced, leaving property taxes as one of the few ways to cover budget shortfalls. Commissioner Goettel noted the issues extend beyond recent years. There has been a decade-long trend of increasing residential tax burdens while the tax capacity of commercial and industrial properties has declined due, leading to oﬃce building foreclosures and a weak commercial market. The state's property tax system needs a comprehensive review and reform to make property taxes more aﬀordable for residents. Commissioner Edelson highlighted the opening of the 13-bed Youth Crisis Stabilization Center in December 2025 with a $15 million investment to provide intensive mental health care for children close to home. The center helps families avoid sending children out of state for treatment. Upcoming infrastructure projects in Eden Prairie include the ongoing Pioneer Trail Bridge replacement, expected to be completed this fall, and another bridge replacement planned for 2027. Commissioner Goettel stated many cities approached her about cost-sharing participation, which has already changed with MnDOT’s new cost-sharing policy. Many cities, including larger ones like Bloomington, cannot aﬀord the rising costs of road construction. Even as the county gets more transportation dollars and takes on more costs, some projects have to slow down. Feedback is always appreciated to determine what type of cost-sharing would be the most applicable to the diﬀerent cities. Commissioner Goettel added aﬀordable housing investments are some of the most important investments the county can make to increase the quality of life. In 2025, Hennepin County was the primary funder of aﬀordable housing development within the county with 21 projects and 1,339 aﬀordable rental units, along with down-payment assistance. Commissioner Goettel explained Elevate Hennepin is a resource hub connecting local entrepreneurs to expert advisors at no cost on a wide range of topics. More than 4,648 entrepreneurs have accessed thousands of hours of free cohort learning opportunities and helped 345 businesses launch as a result of these eﬀorts. This program is very valuable in helping local businesses succeed. Commissioner Goettel added the county is doing more for its residents in the mental health space, including the Police Embedded Social Worker program, and it has become an essential response method with nearly 50 social workers. Eden Prairie Police alone in 2025 made 485 referrals to the embedded social workers for social services. CITY COUNCIL MEETING ANNOTATED AGENDA July 14, 2026 Commissioner Goettel noted Hennepin County just kicked oﬀ the one, two, tree campaign this year to help spread awareness about the importance of planting trees to support neighborhoods and overall healthier communities. From 2022 to 2026, staﬀ estimates 636,230 trees will have been planted due to this program. There is also a Health Tree Canopy grant program that is awarded annually to cities. Case noted the partnership Eden Prairie has with Commissioner Goettel and Commissioner Edelson have been exemplary and a great beneﬁt to the City. Commissioner Goettel added the county just voted on equipment grants for the Eden Prairie school district to include all-terrain wheelchairs to help youth navigate a variety of outdoor services, and will serve 709 Eden Prairie residents. B. Metro Transit Green Line Extension Update Getschow introduced the Metro Transit executive team to present an update on the Light Rail Transit Green Line Extension. Dr. Tyrone Ellis Carter, of the Metropolitan Council District 3, introduced himself. Dr. Carter thanked local leaders and community partners for their expressed support for the Light Rail project reaching another major milestone. The project is moving toward its planned 2027 opening. Dr. Carter praised Eden Prairie's preparation for the new line and noted how easy it will be to travel through the Twin Cities for work, entertainment, and everyday activities. He introduced Lesley Kandaras, the General Manager of Metro Transit, to present. Kandaras thanked the Council for the opportunity to provide an update on the Green Line Extension. Metro Transit is focused on ensuring a successful 2027 launch, although an opening date has not been announced yet. Kandaras highlighted Metro Transit’s role as the region’s largest public transit provider serving more than 60 communities. Kanaras introduced Project Director Jim Alexander to provide a detailed project update. Alexander noted this project is nearing the ﬁnish line after years of work and thanked the City of Eden Prairie for its partnership throughout the project. While the opening date will be announced later this fall, the current focus is on extensive system testing to ensure the rail line is safe, reliable, and ready for a successful launch. Testing is progressing as planned. Alexander introduced Brian Funk, the Chief Operating Oﬃcer, to talk more about the hiring process for the Green Line extension. Funk explained Metro Transit is preparing for a successful Green Line Extension launch by completing testing, hiring staﬀ, and providing training. Funk highlighted the hiring of about 260 positions, including train operators, CITY COUNCIL MEETING ANNOTATED AGENDA July 14, 2026 maintenance staﬀ, and rider support personnel, and noted staﬃng is on track. Funk also emphasized coordination with Southwest Transit to ensure a smooth transition and reliable service when the line opens. Chief Joseph Dotseth, the Metro Transit Chief of Police, introduced himself and explained that the agency's safety and security action plan uses a community- wide approach to improve transit safety. Dotseth highlighted increased police presence, trip agents, community service oﬃcers, security teams, outreach services, and real-time security camera monitoring as key safety measures for the Green Line Extension. Dotseth noted the strong partnership with Eden Prairie and other local agencies, with plans for a physical police presence along the line, and Metro Transit Police's commitment to provide a safe public transit experience. Case added he’s heard great things about Chief Dotseth from Eden Prairie's Police Department. Residents have not had many concerns about the Green Line Extension, but safety has been brought to the forefront, and he has been assured by all police that safety will be the top priority. Kandaras reiterated that safety is the main priority on the Green Line. Metro Transit recognizes people will not ride the system if they do not feel safe. In addition to the work done by their police department, the safety department is working closely with other cities' police and ﬁre jurisdictions through the corridor to ensure a coordinated emergency response if necessary. Collaboration and partnership are extremely important for this project, so Metro Transit staﬀ will be out at community events as well as outreach staﬀ. Case noted his appreciation for all the presenters and critical information provided at tonight’s presentation for Eden Prairie residents. City staﬀ are looking forward to the opening of the Green Line Extension. C. PeopleFest! Week Proclamation Case read aloud a proclamation to declare July 26 through 31 as PeopleFest! Week. PeopleFest is an annual, weeklong celebration that honors and celebrates diversity in our community. D. Adopt Resolution No. 2026-054 accepting Spring 2026 donations to Parks and Recreation. Parks and Recreation Director Amy Markle explained that these donations, totaling $19,650, allow the City to oﬀer special events, programs, and educational activities at little or no cost to residents. Businesses increase their exposure and interaction with the community and increase the ability of our CITY COUNCIL MEETING ANNOTATED AGENDA July 14, 2026 residents to enjoy our programs. All donations for Parks and Recreation special events will be used to enhance events and lower overall costs. MOTION: Toomey moved, seconded by Narayanan to adopt Resolution No. 2026- 054 accepting multiple spring 2026 donations to Parks and Recreation. Motion carried 5-0. V. Approval of Agenda and Other Items of Business MOTION: Narayanan moved, seconded by Nelson to approve the agenda as amended. Motion carried 5-0. VI. Minutes MOTION: Nelson moved, seconded by Toomey to approve the minutes of the Council workshop held Tuesday, June 16, 2026, and the City Council meeting held Tuesday, June 16, 2026, as published. Motion carried 5-0. VII. Consent Calendar A. Clerk’s List B. Code Amendment – Data Centers. Approve second reading of an Ordinance No. 06-2026 to add language in Chapter 11 regulating Data Centers and adopt Resolution No. 2026-055 approving summary ordinance C. Adopt Resolution No. 2026-056 approving appointment of election judges for August 11, 2026 State Primary Election D. Approve lease for Cenobot SP 50 autonomous cleaning vacuum from Innovative Solutions E. Approve Minnesota Housing Local Housing Trust Fund Grant program spending plan F. Approve the Aﬀordable Housing Trust Fund funding agreement with West Hennepin Aﬀordable Housing Land Trust (doing business as Homes Within Reach) G. Award contract for 2026 Edenvale hard court rehabilitation to DMJ Asphalt Inc H. Approve change order #1 for 2026 pavement rehab project with Bituminous Roadways, Inc. I. Approve change order for Water Treatment Geothermal Project with Pioneer Power, Inc CITY COUNCIL MEETING ANNOTATED AGENDA July 14, 2026 J. Approve professional services agreement for Riverview Road reconstruction with SRF K. Award construction contract for Sanitary Sewer Lift Station No. 16 (18488 Bearpath Trail) rehabilitation to Pember Companies, Inc. L. Approve grant agreement SG-21276 for sanitary sewer improvements under the 2023 Municipal Publicly Owned Infrastructure Inﬂow and Inﬁltration Grant Program M. Approve professional services agreement for support in preparation of the 2050 Comprehensive Plan with AE2S N. Award contract for Town Center Water Tower Trail to Concrete Idea, Inc MOTION: Freiberg moved, seconded by Narayanan to approve Items A-N on the Consent Calendar. Motion carried 5-0. VIII. Public Hearings and Meetings A. Marshall Farms by Marshall Farms, LLC. Adopt Resolution No. 2025-057 for a Comprehensive Plan Amendment from Medium Density Residential to Low Density Residential on 8.69 acres, adopt Resolution No. 2026-058 for a Planned Unit Development Concept Plan Review on 32.13 acres, approve ﬁrst reading of an Ordinance for a Planned Unit Development District Review with Waivers on 32.13 acres and a Zoning District Change from Rural to R1-9.5 on 17.84 acres, and from Rural to Parks and Open Space on 14.29 acres, adopt Resolution No. 2026-059 for Preliminary Plat on 32.13 acres, adopt Resolution No. 2026-060 for ﬁndings of fact in support of park dedication fees Getschow explained the applicant proposes developing the 32-acre Marshall Farm property at 9905 Dell Road into 50 single-family residential lots including an extension of Crestwood Terrace, utilities, and 5 outlots. One of the outlots is approximately 13.18 acres and is located in the south half of the property. This outlot will be deeded to the City for natural resource preservation. The Planning Commission voted 8-0 to recommend approval at its June 8, 2026 meeting. The applicant is in attendance to make a short presentation. Steve Schwieters, from Wooddale Builders, introduced himself. This is a higher- end development, with villas for empty nesters and single-family homes. Dan Schmidt, Civil Engineer, Sathre-Bergquist Inc., and Dave Remick from McDonald Construction Partners will present more about the project. Dave Remick introduced himself and stated McDonald Construction Partners builds single-family homes all over the Metro area. CITY COUNCIL MEETING ANNOTATED AGENDA July 14, 2026 Paul Ryland with Johnson-Reiland Builders introduced himself and noted that his company was started in the early 1970’s and does work all over Bloomington and Eden Prairie, and is excited to be working on this project. Ryland noted this project will have one developer called Marshall Farms, LLC and two builders. The proposal reduces housing density compared to the original Marshall Garden plan and includes 28 villa homes and 22 larger custom single- family homes. The villas feature slab-on-grade construction, optional second stories, and HOA-provided lawn and snow care. The project also includes zoning waivers similar to existing standards, a new road extension, and a trail to improve safety, preservation of 13 acres of natural space, tree removal and replacement, and enhancing landscaping. Remick noted McDonald Construction has been around for almost 50 years and constructs energy-efficient homes across the Metro area. Standard features include EV-ready garages, solar-ready home placement when feasible, and high- performance windows, doors, and insulation. Each home receives a HERS energy rating, and buyers can choose additional energy-efficiency upgrades through the builder's custom home options. Ryland added McDonald Construction was awarded a Reggie Award for Minnesota’s Green Path program. Dan Schmidt, Civil Engineer with Sathre-Berquist, Inc introduced himself. The biggest challenge with this site is protecting the bluff. The project was developed in coordination with the City and the watershed district and has already received conditional watershed approval. The Council opened the public hearing. Daniel McKnitt, 9719 Geilser Road, noted his concerns about the proposed narrow-lot waiver. This increased density along the northern bluff would create a wall of homes inconsistent with the surrounding neighborhood. He asked the Council to reconsider the waiver, suggesting fewer homes. Nearby home values have dropped drastically in recent months, due to concerns about increased density in the neighborhood. Richard Koppy, 9872 Crestwood Terrace, expressed support for the revised development and stated it was an improvement over the previous proposal. His concerns are regarding planned improvements to Dell Road, including traffic management, landscaping, trail design, and safety. He asked the City to provide more information about the road construction, pedestrian and bike trails, Riley CITY COUNCIL MEETING ANNOTATED AGENDA July 14, 2026 Creek Crossing, and long-term landscaping plans to preserve the area's residential character. Case asked Public Works Director Robert Ellis to respond to concerns regarding landscaping and trail. Ellis noted the City’s Engineering Staff would be more than happy to meet with Mr. Koppy regarding his concerns. The Dell Road project will happen simultaneously with this development. The project will be a two-lane roadway, so Dell Road will not be expanded. There will be a larger and wider box culvert bridge over the creek with separation for pedestrians and will connect with the existing trail. Landscaping will be standard with green space and native plantings. MOTION: Toomey moved, seconded by Nelson to close the Public Hearing. Motion carried 5-0. Case noted this is the last large scale residential parcel of land in Eden Prairie, and he was hesitant to take it and break it into half-acre lots and be done. That being said this is a really nice project, and the developer did a great job laying it out. In regard to the concerns about density, developers end up putting smaller lots next to bigger lots to actualize the value of the land, and this has been done across the City. There are only four lots that will border new lots, which is pretty good as the City transitions to these new developments. The Council always hears from existing homeowners that their lot values are going to drop when new developments go in. There is research that proves that home values go up after the third or fourth year of a development going in. Toomey asked what the pricing for the villas will be. Ryland stated that these are custom homes, the model home is priced at $900,000 fully ﬁnished with landscaping. Nelson stated there was talk about solar ready features and asked if the builders will encourage buyers to add solar features. Ryland noted the City’s requirement for EVs chargers in garages. Due to the climate in Minnesota, panels must be installed after the roof is installed. Connections will be ready to go for the buyer, but the solar panels can be added at any time after the roof is complete. Nelson asked if the builders will allow any buyer to have them from the beginning of the building process, or if it has to be done after the building is built. Ryland stated it will be an option that the buyer can select right away. CITY COUNCIL MEETING ANNOTATED AGENDA July 14, 2026 Remick added that all homes will be built ready for solar either at the time of initial construction or later. Nelson stated it is good to hear homes will all be built with the capability to have solar. Case added this plan exceeds City and Council expectations. He appreciated the developers agreed to allow photo documentation of the buildings and surrounding farm area for Historic Heritage Preservation since this was one of the last farms in the area. Narayanan stated he appreciated the solar-ready approach. MOTION: Toomey moved, seconded by Freiberg to adopt Resolution No. 2026- 057 approving a Comprehensive Plan Amendment from Medium Density Residential to Low Density Residential on 8.69 acres; and Adopt Resolution No. 2026-058, approving a Planned Unit Development Concept Plan Review on 32.13 acres; and approve the ﬁrst reading of an Ordinance for a Planned Unit Development District Review with waivers on 32.13 acres and a Zoning District change from Rural to R1-9.5 on 17.84 acres and from Rural to Parks and Open Spaces on 14.29 acres; and Adopt Resolution No. 2026-059 approving a preliminary plat of 32.13 acres into 50 lots and 5 outlots; and Adopt a Resolution No. 2026-060 for ﬁndings of fact in support of park dedication fees; and authorize the issuance of an early Land Alteration Permit for Marshall Farms at the request of the Developer subject to the conditions outlined in the permit; and direct Staﬀ to prepare a Development Agreement incorporating Staﬀ and Commission recommendations and Council conditions. Motion carried 5-0. B. 11609 Leona Road phase II by Kimley-Horn. Adopt Resolution No. 2026-061 for a Planned Unit Development Concept Plan Review on 3.44 acres, Approve the ﬁrst reading of an Ordinance for a Planned Unit Development District Review with Waivers on 3.44 acres, adopt Resolution No. 2026-062 for Preliminary Plat on 3.44 acres Getschow explained Told Development Company, the property owner, is proposing to redevelop the northern portion of the parking lot at 11609 Leona Road. This is Phase II of a redevelopment project. Phase I included the partial demolition and remodel of Oﬃce Depot into Planet Fitness and underground stormwater management. A drive-thru Starbucks was approved in Phase I but is no longer moving forward. Instead, a drive-thru Shake Shack is proposed to be constructed in the northwest corner of the site. A Valvoline Instant Oil Change is proposed to be constructed in the northeast corner of the site. The developer is proposing to plat the property so each building has its own parcel. The Planning Commission voted 7-0 to recommend approval at its June 22, 2026 meeting, CITY COUNCIL MEETING ANNOTATED AGENDA July 14, 2026 contingent on the developer submitting revised building elevations for the Shake Shack building and updating the landscaping/tree replacement plan. Both contingencies have been addressed by the developer. Matthew Lingam, Kimley Horn at 11669 Single Tree Lane in Eden Prairie, noted this project replaces the planned Starbucks and instead will offer a Shake Shack and Valvoline. The Planet Fitness is operational. The new plan will offer a drive- through, parking, landscaping, and stormwater management. Pedestrian walkways and EV charging will be available. Toomey stated she does not like the parking lot at this location. Many parking islands cause drivers to hit the curb when turning off Leona. Lingam stated this project meets the minimum parking requirements for the City. Due to sizing and location parking islands are required. The curb off of Leona is to provide conflict with the Shake Shack drive-thru. Case added it seems like the curb has been improved and is forcing traffic to come further into the parking lot. Lingam stated the curb does force a different traffic pattern. Ellis noted the existing parking island Toomey is referencing will be removed. Case added there will be 24 parking spots for the Shake Shack and asked if that is comparable to other fast food restaurants in the City. Community Development Director Julie Klima noted the 24 parking stalls provided for the Shake Shack site do meet City requirements and are suﬃcient for that location. Case asked why the other 30 parking spaces are being presented as part of Planet Fitness parking if Shake Shack needs it. Klima noted 140 parking stalls total are being proposed for this site, City code only requires 127 for all three uses. It is overparked but does allow cross parking for all businesses. MOTION: Narayanan moved, seconded by Nelson to close the Public Hearing; and adopt Resolution No. 2026-061 for a Planned Unit Development Concept Plan Review on 3.44 acres; and approve the First Reading of an Ordinance for a PUD District Review with Waivers on 3.44 acres; and adopt a Resolution No. 2026-062 for a Preliminary Plat of three lots and one outlot on 3.44 acres; and direct Staﬀ to prepare an amendment to the Development Agreement incorporating Staﬀ and Commission recommendations and Council conditions. Motion carried 5-0. C. 6345 Eden Prairie Road Zoning District Change. Approve ﬁrst reading of an Ordinance for a Zoning District Change from Public to R1-22 on 1.22 acres Getschow explained the City is requesting a zoning district change from Public to R1-22 on two parcels totaling 1.22 acres. Both parcels are privately owned, and a single-family home is located on one of the parcels at 6345 Eden Prairie Road. CITY COUNCIL MEETING ANNOTATED AGENDA July 14, 2026 There are no proposed changes in the use of the propertiesThe Planning Commission voted 7-0 to recommend approval at its June 22, 2026 meeting on the condition the two lots are combined into one. Magna Ortiz, 6345 Eden Prairie Road, introduced himself as the developer and owner of the property. Ortiz stated his intent to introduce himself to the Council and explain he was doing upgrades to the property when he discovered the property was zoned public instead of residential. Case said this seemed pretty straightforward as a clerical error that happened years ago, but will now get fixed. MOTION: Nelson moved, seconded by Narayanan to close the Public Hearing; and approve the ﬁrst reading of an Ordinance for a Zoning District change from Public to R1-22 on 1.22 acres. Motion carried 5-0. IX. Payment of Claims MOTION: Freiberg moved, seconded by Narayanan to approve the payment of claims as submitted. Motion was approved on a roll call vote, with Freiberg, Nelson, Narayanan, Toomey, and Case voting “aye.” X. Ordinances and Resolutions XI. Petitions, Requests and Communications XII. Appointments XIII. Reports A. Report of Council Members 1. Case noted the Fourth of July celebration put on by City Staﬀ was amazing, with two straight nights of activities and great work done by public safety staﬀ including Police, Fire, and Parks and Recreation volunteers. Freiberg added he got to visit the Command Center with Police and Fire and see what a great tool it is for Public Safety. Case thanked Fire and Police staﬀ for all their work to keep the event safe. B. Report of City Manager 1. Getschow noted that the next meeting would be August 18. There will also be meetings the ﬁrst and third Tuesday in September and October. CITY COUNCIL MEETING ANNOTATED AGENDA July 14, 2026 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 Freiberg to adjourn the meeting at 9:04 PM. Motion carried 5-0. Respectfully submitted, _________________________ Sara Potter, Administrative Support Specialist City Council Agenda Cover Memo Date: August 18, 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: Pax Christi Catholic Community Event: Bingo Date: September 11-12, 2026 Place: Pax Christi, 12100 Pioneer Trail Gambling/Raﬄe Organization: Eden Prairie Community Foundation Event: Prairie Brewfest Date: September 12, 2026 Place: Purgatory Creek Park, 13001 Technology Drive Temporary On-Sale Wine Organization: Eden Prairie Lions Club Event: Immanuel Lutheran Fall Kickoﬀ Date: September 11-12, 2026 Place: Immanuel Lutheran Church, 16515 Luther Way City Council Agenda Cover Memo Date: August 18, 2026 Section: Consent Calendar Item Number: VII.B. Department: Community Development/Planning Julie Klima/ Sarah Strain ITEM DESCRIPTION This is the ﬁnal reading for 11609 Leona Road Redevelopment Phase II. The applicant is requesting approval to redevelop the parking lot in the northern half of the parcel. A Shake Shack with a drive-thru is proposed for the northwest corner of the site, and a new Valvoline Instant Oil Change is proposed in the northeast corner of the site. As part of the redevelopment, the parking lot will be reconﬁgured to manage traﬃc, and new landscaping will be installed. REQUESTED ACTION • Approve the 2nd Reading of an Ordinance for a PUD District Review with waivers on 3.44 acres; • Adopt a Resolution for Site Plan Review on 3.44 acres; and • Approve the First Amendment to the Development Agreement for 11609 Leona Road. SUMMARY The Developer is requesting Planned Unit Development (PUD) waivers for this redevelopment regarding front yard setbacks for both new buildings, sign size to consolidate sign area on the site, and sign location to allow oﬀ-site signage as part of a PUD area, and a reduced sign setback from Leona Road. The First Amendment to the Development Agreement includes a provision that 94 caliper inches of tree replacement will need to be accounted for through the fee in lieu. The ﬁrst reading for this project was held July 14, 2026. The project review period ends on September 25, 2026. ATTACHMENTS 1. Ordinance for PUD District Review with Waivers with summary 2. Resolution for Site Plan 3. First Amendment to the Development Agreement 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 Commercial-Regional-Service Zoning District, as reﬂected in Ordinance No. 13-2024-PUD-09-2024 (hereinafter “PUD-09- 2024”). Section 3. That action was duly initiated proposing that the designation of the land be amended within the Commercial-Regional-Service 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-09-2024 be amended and the designation of the land shall be, and hereby is amended in the Commercial-Regional-Service 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 October 15, 2024 entered into between Ridgecrest Eden Prairie II LLC and the City of Eden Prairie, as amended by the terms and conditions of that certain First Amendment to Development Agreement dated August 18, 2026, entered into between Ridgecrest Eden Prairie II LLC 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 14th day of July, 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 18th day of August, 2026. 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 Commercial-Regional-Service 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 GRANTING SITE PLAN APPROVAL FOR 11609 LEONA ROAD PHASE II BY TOLD DEVELOPMENT WHEREAS, Told Development has applied for Site Plan approval of 11609 Leona Road to construct two new buildings on the northern half of the parcel; and WHEREAS, zoning approval for the property redevelopment was granted by an Ordinance approved by the City Council on August 18, 2026; and WHEREAS, the Planning Commission reviewed said application at a public hearing at its June 22, 2026 meeting and recommended approval of said site plans; and WHEREAS, the City Council has reviewed said application at a public hearing at its July 14, 2026 meeting; and WHEREAS, the City Council hereby makes the following ﬁndings: A. The Site Plan proposal is consistent with the City's policies and objectives as reﬂected in the Comprehensive Guide Plan and City Design Guidelines. B. The Site Plan proposal is consistent with the City Code relating to zoning and the subdivision of land. C. The Site Plan proposal preserves and enhances the natural and existing built environment. D. The Site Plan proposal maintains open space to provide a desirable environment both for occupants of the site and the general public. E. The Site Plan proposal provides transitions where there are diﬀerences in land use, building mass, height, densities, and site intensity. F. The Site Plan proposal provides for safe and convenient vehicle and pedestrian traﬃc. G. The Site Plan proposal minimizes the negative impact upon other land uses. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, that site plan approval for property legally described in Exhibit A attached hereto is granted to Told Development, subject to the First Amendment to Development Agreement between Ridgecrest Eden Prairie, LLC and the City of Eden Prairie, reviewed and approved by the City Council on August 18, 2026. ADOPTED by the City Council of the City of Eden Prairie this 18th day of August, 2026. Ronald A. Case, Mayor ATTEST: David Teigland, City Clerk EXHIBIT A Site Plan Legal Description: Lots 1-3 and Outlot A, Ridgecrest Flying Cloud First Addition, Hennepin County, Minnesota. City Council Agenda Cover Memo Date: August 18, 2026 Section: Consent Calendar Item Number: VII.C. Department: Community Development/Planning Julie Klima/ Jeremy Barnhart ITEM DESCRIPTION This is the ﬁnal approval for Marshall Farms, a proposed 50 lot single family detached residential development at 9905 Dell Road. Access to the site will be via Dell Road to the west and Canopy Trail from the north. The property south of the bluﬀ line will be zoned Parks and Open Space and deeded to the city. REQUESTED ACTION • Approve the 2nd Reading of an Ordinance for a Planned Unit Development District Review with Waivers on 32.13 acres and a Zoning District Change from Rural to R1 -9.5 on 17.84 acres, and from Rural to Parks and Open Space on 14.29 acres; • Approve the Development Agreement SUMMARY The Developer is requesting Planned Unit Development (PUD) waivers for the lots less than 9,500 square feet (24 lots), lots less than 70 feet wide (25 lots), an accessory garage area greater than 7.5% for all lots less than 11,000 sq ft (27 lots), and a reduced setback of 25 feet from 30 feet for all lots. The Comprehensive Plan Amendment changing the land use of a portion of the property from medium density residential to low density residential was approved by the Met Council on July 30th, 2026. The ﬁrst reading for this project was held July 14, 2026. The project review period ends on September 21, 2026. ATTACHMENTS 1. Ordinance for PUD District Review with Waivers with summary 2. Development Agreement City of Eden Prairie Hennepin County, Minnesota Ordinance No. __–2026 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA REMOVING CERTAIN LAND FROM ONE ZONING DISTRICT AND PLACING IT IN ANOTHER, AMENDING THE LEGAL DESCRIPTIONS OF LAND IN EACH DISTRICT, AMENDING THE DESIGNATION OF CERTAIN LAND WITHIN A ZONING DISTRICT, AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 11.99 WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS: Section 1. That the land which is the subject of this Ordinance (hereinafter, the “land”) is legally described in Exhibit A attached hereto and made a part hereof. Section 2. That action was duly initiated proposing that the land be removed from the Rural Zoning District and 17.84 acres be placed in the R1-9.5 Zoning District and 14.29 acres in the Parks and Open Space Zoning District. Section 3. That action was duly initiated proposing that the designation of the land be amended within the R1-9.5 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 and the land shall be, and hereby is removed from the Rural Zoning District and placed in the R-1-9.5 and Parks and Open Space Zoning Districts respectively as noted in Exhibit A and shall be included hereafter in the 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 as of entered into between (Marshall Farms, LLC, DEVELOPER), 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 14th of July, 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. EXHIBIT A Legal Description: Before Platting PARCEL A - R1-9.5 That part of the Northeast Quarter of the Southeast Quarter (NE 1/4 of SE 1/4) of Section Thirty (30), Township One Hundred Sixteen (116) North, Range Twenty Two (22), West of the 5th Principal Meridian, lying north of the following described line: Commencing at the Northeast Corner of the Southeast Quarter of Section 30, Township 116, Range 22; thence on an assumed bearing of South 00 degrees 19 minutes 39 seconds East, along the East line of the said Southeast Quarter a distance of 215.77 feet to the point of beginning; thence South 63 degrees 46 minutes 04 seconds West 76.25 feet; thence South 26 degrees 28 minutes 48 seconds West 67.52 feet; thence North 67 degrees 35 minutes 15 seconds West 47.29 feet; thence South 69 degrees 08 minutes 38 seconds West 73.12 feet; thence South 17 degrees 00 minutes 19 seconds West 88.25 feet; thence South 27 degrees 47 minutes 25 seconds West 81.66 feet; thence South 48 degrees 12 minutes 07 seconds West 56.08 feet; thence North 79 degrees 32 minutes 31seconds West 67.96 feet; thence South 78 degrees 36 minutes 27 seconds West 170.61 feet; thence South 74 degrees 49 minutes 16 seconds West 75.25 feet; thence South 74 degrees 59 minutes 42 seconds West 75.27 feet; thence South 60 degrees 59 minutes 34 seconds West 75.97 feet; thence South 65 degrees 56 minutes 46 seconds West 72.03 feet; thence South 30 degrees 29 minutes 57 seconds West 76.51 feet; thence South 44 degrees 05 minutes 50 seconds West 76.23 feet; thence South 73 degrees 27 minutes 00 seconds West 177.15 feet; thence North 65 degrees 42 minutes 27 seconds West 79.64 feet; thence North 25 degrees 53 minutes 09 seconds West 111.40 feet; thence North 24 degrees 26 minutes 23 seconds West 97.13 feet; thence South 79 degrees 13 minutes 27 seconds West 46.23 feet to the westerly line of said described property and there terminating. Except That portion lying south and west of Dell Road as now laid out, Hennepin County. Containing 776,930 sq. ft (17.84 acres) PARCEL B - Parks and Open Space That part of the Northeast Quarter of the Southeast Quarter (NE 1/4 of SE 1/4) of Section Thirty (30), Township One Hundred Sixteen (116) North, Range Twenty Two (22), West of the 5th Principal Meridian, lying south of the following described line: Commencing at the Northeast Corner of the Southeast Quarter of Section 30, Township 116, Range 22; thence on an assumed bearing of South 00 degrees 19 minutes 39 seconds East, along the East line of the said Southeast Quarter a distance of 215.77 feet to the point of beginning; thence South 63 degrees 46 minutes 04 seconds West 76.25 feet; thence South 26 degrees 28 minutes 48 seconds West 67.52 feet; thence North 67 degrees 35 minutes 15 seconds West 47.29 feet; thence South 69 degrees 08 minutes 38 seconds West 73.12 feet; thence South 17 degrees 00 minutes 19 seconds West 88.25 feet; thence South 27 degrees 47 minutes 25 seconds West 81.66 feet; thence South 48 degrees 12 minutes 07 seconds West 56.08 feet; thence North 79 degrees 32 minutes 31seconds West 67.96 feet; thence South 78 degrees 36 minutes 27 seconds West 170.61 feet; thence South 74 degrees 49 minutes 16 seconds West 75.25 feet; thence South 74 degrees 59 minutes 42 seconds West 75.27 feet; thence South 60 degrees 59 minutes 34 seconds West 75.97 feet; thence South 65 degrees 56 minutes 46 seconds West 72.03 feet; thence South 30 degrees 29 minutes 57 seconds West 76.51 feet; thence South 44 degrees 05 minutes 50 seconds West 76.23 feet; thence South 73 degrees 27 minutes 00 seconds West 177.15 feet; thence North 65 degrees 42 minutes 27 seconds West 79.64 feet; thence North 25 degrees 53 minutes 09 seconds West 111.40 feet; thence North 24 degrees 26 minutes 23 seconds West 97.13 feet; thence South 79 degrees 13 minutes 27 seconds West 46.23 feet to the westerly line of said described property and there terminating. Except that part thereof described as follows: Commencing at the Southeast Corner of said Northeast Quarter of the Southeast Quarter (NE 1/4 of SE 1/4) of said Section Thirty (30), and running thence west for a distance of two (2) rods; thence in a northeasterly direction to a point on said Section Line which is two (2) rods north of the point of beginning; thence running south to the point of beginning, Hennepin County, And except that portion lying south and west of Dell Road as now laid out, Hennepin County. Containing 622,863 sq. ft (14.29 acres) After Platting Legal Description after Platting for R1-9.5 Lots 1-18, Block 1; Lots 1-22, Block 2; Lots 1-10, Block 3; Outlots B, C, D, and E; MARSHALL FARMS, according to the recorded plat thereof, Hennepin County, Minnesota. Legal Description for Open Space Outlot A, MARSHALL FARMS, according to the recorded plat thereof, Hennepin County, Minnesota. City of Eden Prairie Hennepin County, Minnesota Summary of Ordinance No. __–2026 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA REMOVING CERTAIN LAND FROM ONE ZONING DISTRICT AND PLACING IT IN ANOTHER, AMENDING THE LEGAL DESCRIPTIONS OF LAND IN EACH DISTRICT, 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 changes the zoning of the Marshall Farms property at 9905 Dell Road from Rural to R1-9.5 and Parks and Open space. It also establishes the PUD zoning for the 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 Council Agenda Cover Memo Date: Section: Item Number: Department: ITEM DESCRIPTION This proposal is for the plat located north and east of Dell Road, south of Geisler Road and east of the intersection of Crestwood Terrace and Dell Road. The plat consists of dividing one parcel into 50 lots and 5 outlots totaling 32.1 acres. REQUESTED ACTION Move to: Adopt the resolution approving the final plat of Marshall Farms. SUMMARY The preliminary plat was approved by City Council on July 14, 2026 for Marshall Farms, LLC. Second reading of the final site plan approval was approved by the City Council on August 18, 2026. Approval of the final plat is subject to the following conditions: • Prior to release of the final plat: o Developer has signed the Development Agreement o Receipt of engineering fee which will include 5% of the cost of Public Improvements plus 50 residential units at the current years plat review rate o Tender a warranty deed for proposed outlots A, B, C, D & E for approval by the City o Provide sight line easements to the City o Provide an executed copy of the Special Assessment Agreement o Developer must furnish to the City Engineer and receive written approval of financial security equal to 125% of the cost of the Public Improvements. ATTACHMENTS Resolution Final Plat City of Eden Prairie Hennepin County, Minnesota Resolution No. 2026–____ RESOLUTION APPROVING FINAL PLAT OF MARSHALL FARMS WHEREAS, the plat of Marshall Farms has been submitted in a manner required for platting land under the Eden Prairie Ordinance Code and under Chapter 462 of the Minnesota Statutes and all proceedings have been duly had thereunder, and WHEREAS, said plat is in all respects consistent with the City plan and the regulations and requirements of the laws of the State of Minnesota and ordinances of the City of Eden Prairie. NOW, THEREFORE, BE IT RESOLVED by the Eden Prairie City Council: A. Plat approval request for Marshall Farms is approved upon compliance with the following items: the developer has signed the Development Agreement, receipt of engineering fee which will include 5% of the cost of Public Improvements plus 50 residential units at the current years plat review rate, tender a warranty deed for proposed outlots A, B, C, D & E for approval by the City, provide sight line easements to the City, provide an executed Special Assessment Agreement and developer must furnish to the City Engineer and receive written approval of ﬁnancial security equal to 125% of the cost of the Public Improvements. B. That the City Clerk is hereby directed to supply a certiﬁed copy of this resolution to the owners of the subdivision of the above-named plat. C. That the Mayor and City Manager are hereby authorized to execute the certiﬁcate of approval on behalf of the City Council upon compliance with the foregoing provisions. ADOPTED by the City Council of the City of Eden Prairie this 18th of August, 2026. Ronald A. Case, Mayor ATTEST: David Teigland, City Clerk SHEET 1 OF 3 SHEETS MARSHALL FARMS SR R GN NE ENIG E DESI E NN SATHRE-BERGQUIST, INC. S US S Y R S O ER EVR PLA C.R. DOC. NO._________ KNOW ALL PERSONS BY THESE PRESENTS: That Marshall Farms, LLC, a Minnesota limited liability company, owner of the following described property: The Northeast Quarter of the Southeast Quarter (NE 1/4 of SE 1/4) of Section Thirty (30), Township One Hundred Sixteen (116) North, Range Twenty Two (22), West of the 5th Principal Meridian, excepting that part thereof described asfollows: Commencing at the Southeast Corner of said Northeast Quarter of the Southeast Quarter (NE 1/4 of SE 1/4) of said Section Thirty (30), and running thence west for a distance of two (2) rods; thence in a northeasterly direction to apoint on said Section Line which is two (2) rods north of the point of beginning; thence running south to the point of beginning, Hennepin County, Minnesota. Also excepting that portion of the Northeast Quarter of the Southeast Quarter (NE1/4 of the SE 1/4) of Section Thirty (30), Township One Hundred Sixteen Range Twenty-two (22), lying south and west of Dell Road as the same is now laid out, Hennepin County, Minnesota. Has caused the same to be surveyed and platted as MARSHALL FARMS and does hereby dedicate to the public for public use the public ways and the drainage and utility easements as created by this plat. In witness whereof said Marshall Farms, LLC, a Minnesota limited liability company, has caused these presents to be signed by its proper officer this day of , 20____. Signed: Marshall Farms, LLC Timothy Holland, President STATE OF MINNESOTA, COUNTY OF This instrument was acknowledged before me this day of , 20____, by Timothy Holland, President of Marshall Farms, LLC, a Minnesota limited liability company, on behalf of the company. My Commission Expires: Notary Public,, Minnesota (Signature) (Notary Printed Name) SURVEYORS CERTIFICATE I Daniel L. Schmidt do hereby certify that this plat was prepared by me or under my direct supervision; that I am a duly Licensed Land Surveyor in the State of Minnesota; that this plat is a correct representation of the boundary survey; that allmathematical data and labels are correctly designated on this plat; that all monuments depicted on this plat have been, or will be correctly set within one year; that all water boundaries and wet lands, as defined in Minnesota Statutes, Section505.01, Subd. 3, as of the date of this certificate are shown and labeled on this plat; and all public ways are shown and labeled on this plat. Dated this day of , 20____. Daniel L. Schmidt, Licensed Land Surveyor Minnesota License No. 26147 STATE OF MINNESOTA, COUNTY OF HENNEPIN This instrument was acknowledged before me this day of , 20____, by Daniel L. Schmidt, a Licensed Land Surveyor, Minnesota License No. 26147. My Commission Expires: Notary Public, Hennepin County, Minnesota (Signature) (Notary Printed Name) CITY COUNCIL, CITY OF EDEN PRAIRIE, MINNESOTA This plat of MARSHALL FARMS was approved and accepted by the City Council of the City of Eden Prairie, Minnesota at a regular meeting thereof held this day of , 20____, and said plat is incompliance with the provisions of Minnesota Statutes, Section 505.03, Subd. 2. City Council, City of Eden Prairie, Minnesota By:, Mayor By:, Clerk COUNTY AUDITOR Hennepin County, Minnesota I hereby certify that taxes payable in and prior years have been paid for land described on this plat, dated this day of , 20____. Daniel Rogan, County Auditor By: , Deputy SURVEY DIVISION Hennepin County, Minnesota Pursuant to Minnesota Statutes Section 383B.565 (1969), this plat has been approved this day of , 20____. Chris F. Mavis, County Surveyor By: COUNTY RECORDER Hennepin County, Minnesota I hereby certify that the within plat of MARSHALL FARMS was recorded in this office this day of , 20____, at o'clock M. Amber Bougie, County Recorder By:, Deputy Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ OUTLOT A Δ INSET A SEE SHEET 3 OF 3 DE L L R D DELL RD 0 SCALE IN FEET 80 40 40 80 160 The basis for the bearing system is the east lineof the Southeast Quarter of Section 30, Township 116, Range 22 and is assumed to bearSouth 00 degrees 19 minutes 39 seconds East. SHEET 2 OF 3 SHEETS SR R GN NE ENIG E DESI E NN SATHRE-BERGQUIST, INC. S US S Y R S O ER EVR PLA NORTH MARSHALL FARMS C.R. DOC. NO._________ Denotes a 1/2 inch by 14 inch iron pipe monument setand marked by License No. 26147 in accordance withMinnesota State Statute 505.021, Subd. 10. Denotes a 1/2 inch pipe monument found and marked by License No. 12294. Denotes a Found Hennepin County Cast-Iron-Monument Denotes a PK-Nail and disc to be set and marked byLicense No. 26147 in accordance with Minnesota StateStatute 505.021, Subd. 10. 19 20 21 13 5 3 4 7 8 9 10 11 12 14 15 16 18 2 6 OUTLOT B 17 1714 OUTLOT D 15 18 16 4 13 5 867 109 1211 1 3 2 3 64 7 109 1 85 OUTLOT E 2 1 OUTLOT C Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ Δ OUTLOT D OUTLOT C OUTLOT B OUTLOT E Δ 1 1 3 2 2 Δ Δ Δ Δ Δ Δ Δ Δ Δ 22 CRESTWOOD TERRACE CANOPY CANOPY T R A I L TRAIL MABLE LANE Δ Δ Δ Δ Δ Δ Δ Δ SEE DETA I L Δ Δ CA N O P Y T R A I L 18 1 0 SCALE IN FEET 50 25 25 50 100 The basis for the bearing system is the east lineof the Southeast Quarter of Section 30,Township 116, Range 22 and is assumed to bearSouth 00 degrees 19 minutes 39 seconds East. Denotes a 1/2 inch by 14 inch iron pipe monument set and marked by License No. 26147 in accordance withMinnesota State Statute 505.021, Subd. 10. Denotes a 1/2 inch pipe monument found and marked byLicense No. 12294. Denotes a Found Hennepin County Cast-Iron-Monument NOT TO SCALE 10 5 5 Being 5 feet in width and adjoining side lot lines and being 10 feet in width and adjoining public ways, unless otherwise indicated on this plat. 10 DRAINAGE AND UTILITY EASEMENTS ARE SHOWN THUS: INSET A SHEET 3 OF 3 SHEETS SR R GN NE ENIG E DESI E NN SATHRE-BERGQUIST, INC. S US S Y R S O ER EVR PLA NORTH MARSHALL FARMS C.R. DOC. NO._________ DETAIL NORTH 0 SCALE IN FEET 5 2.5 2.5 5 10 1 INCH = 5 FEET City Council Agenda Cover Memo Date: Section: Item Number: Department: ITEM DESCRIPTION This proposal is for the plat located south of Leona Road, west of Den Road and east of Flying Cloud Drive. The plat consists of dividing one parcel into 3 lots and one Outlot totaling 3.44 acres. REQUESTED ACTION Move to: Adopt the resolution approving the final plat of Ridgecrest Flying Cloud First Addition. SUMMARY The preliminary plat was approved by City Council on July 14, 2026 for Told Development Company. Second reading of the final site plan approval was approved by the City Council on August 18, 2026. Approval of the final plat is subject to the following conditions: • Prior to release of the final plat: o Development Agreement will be signed by Developer and recorded with Hennepin County contemporaneous with recording of the final plat. o Receipt of engineering fee in the amount of $1,200.00 o Provide documentation that Hennepin County has approved the plat o Provide a Cross Access and Maintenance Agreement for approval by the City Engineer ATTACHMENTS Resolution Final Plat City of Eden Prairie Hennepin County, Minnesota Resolution No. 2026–____ RESOLUTION APPROVING FINAL PLAT OF RIDGECREST FLYING CLOUD FIRST ADDITION WHEREAS, the plat of Ridgecrest Flying Cloud First Addition has been submitted in a manner required for platting land under the Eden Prairie Ordinance Code and under Chapter 462 of the Minnesota Statutes and all proceedings have been duly had thereunder, and WHEREAS, said plat is in all respects consistent with the City plan and the regulations and requirements of the laws of the State of Minnesota and ordinances of the City of Eden Prairie. NOW, THEREFORE, BE IT RESOLVED by the Eden Prairie City Council: A. Plat approval request for Ridgecrest Flying Cloud First Addition is approved upon compliance with the following items: the developer has signed the Development Agreement and recorded with Hennepin County contemporaneous with recording of the ﬁnal plat, receipt of engineering fee in the amount of $1,200.00, provide documentation that Hennepin County has approved the plat and provide a Cross Access and Maintenance Agreement for approval by the City Engineer. B. That the City Clerk is hereby directed to supply a certiﬁed copy of this resolution to the owners of the subdivision of the above-named plat. C. That the Mayor and City Manager are hereby authorized to execute the certiﬁcate of approval on behalf of the City Council upon compliance with the foregoing provisions. ADOPTED by the City Council of the City of Eden Prairie this 18th of August, 2026. Ronald A. Case, Mayor ATTEST: David Teigland, City Clerk RIDGECREST FLYING CLOUD FIRST ADDITION EVS, Inc. 10025 Valley View Road, Suite 140Eden Prairie, Minnesota 55344Phone: 952.646.0236www.evs-eng.com SHEET 1 OF 2 SHEETS R.T. DOC. NO. ____________________ I , Scott Alwin, do hereby certify that this plat was prepared by me or under my direct supervision; that I am a duly Licensed Land Surveyor in the State of Minnesota; that this plat is a correct representation of the boundary survey; that all mathematical data and labels are correctly designated on the this plat; that all monuments depicted on the plat have been, or will be correctly set within one year; that all water boundaries and wet lands, as defined in Minnesota Statutes, Section 505.01, Subd. 3, as of the date of this certificate are shown and labeled on this plat; and all public ways are shown and labeled on the plat. Dated this______day of ____________________ , 20_____ Scott Alwin, Licensed Land Surveyor Minnesota License No. 53528 STATE OF MINNESOTA COUNTY OF Hennepin This instrument was acknowledged before me this _____ day of ____________________ , 20_____ , by Scott Alwin. Signature of Notary Notary's Printed Name Notary Public, Hennepin County, Minnesota My Commission Expires January 31, 20_____ . KNOW ALL PERSONS BY THESE PRESENTS: That Ridgecrest Eden Prairie II LLC, a Minnesota limited liability company, owner of the following described property: Lot 1, Block 1, Office Depot Addition, according to the recorded plat thereof, situate in Hennepin County, Minnesota. Being registered land as is evidenced by Certificate of Title No. 1538083. Torrens Property Has caused the same to be surveyed and platted as the RIDGECREST FLYING CLOUD FIRST ADDITION and does hereby dedicate to the public for public use the drainage and utility easements as created by this plat. In witness whereof said Ridgecrest Eden Prairie II LLC, a Minnesota limited liability company, has caused these presents to be signed by its proper officer this _____ day of ____________________ , 20_____ . Signed: Ridgecrest Eden Prairie II By:__________________________ , Its __________________________ STATE OF MINNESOTA COUNTY OF ____________________ This instrument was acknowledged before me on this _____ day of ____________________ , 20_____ , by __________________________ , Its __________________________ , of Ridgecrest Eden Prairie II Signature of Notary Notary's Printed Name Notary Public, _______________ County, Minnesota My Commission Expires , 20_____ . RESIDENT AND REAL ESTATE SERVICES, Hennepin County, Minnesota I hereby certify that taxes payable in 202_____ and prior years have been paid for land described on this plat, dated this _____ day of ____________________ , 20_____ . ___________________________________________ , County Auditor By ________________________________________ , Deputy SURVEY DIVISION, HENNEPIN COUNTY, MINNESOTA Pursuant to Minnesota Statute Section 383B.565 (1969), this Plat has been approved this _____ day of ____________________ , 20_____ . __________________________________________ , County Surveyor By ________________________________________ REGISTRAR OF TITLES, HENNEPIN COUNTY, MINNESOTA I hereby certify that the within plat of RIDGECREST FLYING CLOUD FIRST ADDITION was filed in this office this _____ day of ____________________ , 20_____ , at _____o'clock ___ .M. _______________________________________ , Registrar of Titles By _____________________________________ , Deputy CITY PLANNING COMMISSION Eden Prairie Planning Commission Be it known that at a meeting held on the ______ day of _______________ , 20_____ , the Planning Commission of the City of Eden Prairie, Minnesota, did (review and/or approve) this plat of RIDGECREST FLYING CLOUD FIRST ADDITION Planning Commission, City of Eden Prairie, Minnesota By ________________________________ , Chairperson By ___________________________ , Secretary CITY COUNCIL City Council, Eden Prairie, Minnesota This plat of RIDGECREST FLYING CLOUD FIRST ADDITION was approved and accepted by the City Council of the City of Eden Prairie, Minnesota at a regular meeting thereof held the ________ day of ______________________ , 20______ , and said plat is in compliance with the provisions of Minnesota Statutes, Section 505.03, Subd.2. City Council, City of Eden Prairie, Minnesota By: _______________________________ N88°12'59"E 56.37 N88°12'58"E75.24 N88°12'58"E 45.85 S1 4 ° 3 4 ' 4 4 " W 70 . 8 5 S1 ° 4 7 ' 0 1 " E 1 6 0 . 3 4 N88°12'59"E 365.75 (365.76 PLAT) S0 ° 2 7 ' 1 5 " E 3 1 4 . 0 2 N88°12'59"E 563.23 (3 1 4 . 0 0 P L A T ) S0 ° 2 7 ' 5 5 " E 3 1 4 . 0 2 S1 ° 4 7 ' 0 1 " E 14 5 . 1 1 10 RE S T R I C T E D A C C E S S PE R D O C . N O . 1 2 9 1 3 7 6 140 85 85 60 60 FOUND PK NAIL 70 70 S1 ° 4 7 ' 0 1 " E 52 . 7 5 NORTH LINE OF LOT 1, BLOCK 1, OFFICE DEPOT ADDITION 10 10 10 10 140 10 OU T L O T A DR A I N A G E A N D U T I L I T Y E A S E M E N T LOT 1 LOT 2 LOT 3 29.85 259.99 S1 ° 3 7 ' 0 7 " E 1 5 3 . 5 9 N88°12'58"E 99.20 S1 ° 4 6 ' 2 7 " E 7 9 . 1 0 N88°48'16"E 39.48 S1 ° 2 8 ' 2 1 " E 1 4 0 . 7 2 N88°48'15"E 119.58 14 1 . 9 8 122.10 17 2 . 0 4 151.29 FOUNDPK NAIL FOUND PK NAIL FOUNDIRON PIPE FOUNDIRON PIPE FOUND IRON PIPE FOUND IRON PIPE FOUND IRON PIPE FOUNDIRON PIPE FOUND IRON PIPE 10 10 10 10 10 10 N88°12'58"E 145.05 S1°11'44"E 21.34 B L O C K 155 5 5 5 5 5 5 5 5 5 5 5 5 5 5 5 5 5 5 5 5 5 5 The North line of Lot 1, Block 1, Office Depot Addition is assumed to have a bearing of North 88 degrees 12 minutes 59 seconds East. BASIS OF BEARINGS RIDGECREST FLYING CLOUD FIRST ADDITION DENOTES IRON MONUMENT FOUND (AS LABELED) DENOTES 1/2 INCH IRON PIPE SET WITH CAP # 53528 DENOTES RECORD DIMENSION PER PLAT OF OFFICE DEPOT ADDITION RESTRICTED ACCESS PER DOCUMENT NUMBER 1291376 LEGEND EVS, Inc. 10025 Valley View Road, Suite 140Eden Prairie, Minnesota 55344Phone: 952.646.0236www.evs-eng.com SHEET 2 OF 2 SHEETS R.T. DOC. NO. ____________________ (xxx.xx) VICINITY MAP SEC. 14, TWP 116N, RGE 22W FLYIN G C L O U D D R I - 494 LEONA RD DE N R D SITE NOT TO SCALE 10 10 Drainage and utility easement are shown thus: NOT TO SCALE Being 5 feet in width and adjoining side lot lines and 10 feet in width and adjoining public ways and rear lot lines, unless otherwise indicated on this plat 5 5 City Council Agenda Cover Memo Date: August 18, 2026 Section: Consent Calendar Item Number: VII.F. Department: Public Works/Engineering – Carter Schulze, City Engineer ITEM DESCRIPTION Adopt Resolution Approving the Resolution for the Local Road Improvement Grant Agreement for the Dell Road Improvements, IC 17-5900 REQUESTED ACTION Move to adopt Resolution for the Local Road Improvement Grant Agreement SUMMARY The Local Road Improvement Program (LRIP) is a funding program for capital construction costs. The Dell Road project has been selected for this funding under the Routes of Regional Signiﬁcance Account, which is one of three types of accounts with a speciﬁc intent for the type of local road projects that can be considered for the program. The resolution approves the terms and conditions of the grant agreement and authorizes the City to execute the grant agreement. The MnDOT State Aid for Local Transportation Oﬃce administers the LRIP with guidance from the LRIP Advisory Committee. Project grants are approved by the Committee to provide funding assistance to local agencies for construction, reconstruction or reconditioning projects. A maximum of $1,500,000 may be requested for a project and leveraged with other funding sources. The Dell Road Improvements project was awarded the full $1,500,000 amount. The Dell Road Improvements have been studied and expected for years due to the deﬁcient characteristics of the corridor, the ongoing city maintenance required on the gravel road section and the expectation of development adjacent and around this corridor. Funding sources to be used to leverage the grant funding are the City’s Municipal State Aid account, utility funds and special assessments. ATTACHMENT Resolution City of Eden Prairie Hennepin County, Minnesota Resolution No. 2026–____ RESOLUTION TO APPROVE THE LOCAL ROAD IMPROVEMENT PROGRAM GRANT AGREEMENT TERMS AND CONDITIONS SAP 181-113-006 WHEREAS, the City of Eden Prairie has applied to the Commissioner of Transportation for a grant from the Local Road Improvement Fund; and WHEREAS, the Commissioner of Transportation has given notice that funding for this project is available; and WHEREAS, the amount of the grant has been determined to be $1,500,000 by reason of the lowest responsible bid; and NOW, THEREFORE, BE IT RESOLVED that the City of Eden Prairie does hereby agree to the terms and conditions of the grant consistent with Minnesota Statutes, section 174.52, and will pay any additional amount by which the cost exceeds the estimate, and will return to the Local Road Improvement Fund any amount appropriated for the project but not required. The proper City oﬃcers are authorized to execute a grant agreement and any amendments thereto with the Commissioner of Transportation concerning the above-referenced grant. ADOPTED by the City Council of the City of Eden Prairie this 18th day of August, 2026. Ronald A. Case, Mayor ATTEST: David Teigland, City Clerk City Council Agenda Cover Memo Date: August 18, 2026 Section: Public Works Item Number: VII.G. Department: Public Works/Utilities Division – Joe Dusek, Water Plant Supervisor ITEM DESCRIPTION Approve Contract with Classic Coatings, INC. for the for the Reconditioning of the Wash Water Tank Project in the amount of $429,200.00. REQUESTED ACTION Move to: Approve Contract with Classic Coatings, Inc, for the Reconditioning of the Wash Water Tank Project in the amount of $429,200.00. SUMMARY Bids were received on July 8, 2026, for the cleaning, repairing, and painting of the Wash Water Tank located at the Water Treatment Plant. Only one bid was received in the amount of $429,200.00. The bid is within range of projects of this scope in today’s market. The Wash Water Tank located at the Water Treatment Plant was constructed in 1972 and the coating was spot repaired in 2009. This project was identiﬁed in the utility’s Capital Improvement Plan/Budget and will be paid from the Water Utility Fund. ATTACHMENTS Attach 1 – Letter of Recommendation Attach 2 – Copy of Contract 1 BADGER STATE INSPECTION, LLC Water Tower Specialist / Antenna, Evaluations, Inspection P.O. Box 157 Osseo, WI 54738 715-533-8686 July 16, 2026 Mr. Joe Dusek Water Plant Supervisor 8080 Mitchell Road Eden Prairie, MN 55344 RE: Eden Prairie, MN Mitchell Road Backwash Tank Restoration WSB Project No: 027690-000 BSI Project Number: WI 1907 Improvement Contract: 026722 Dear Mr. Dusek: A total of one bid was received for the above-mentioned project. The bid is not out of line with projects of this scope in today’s market. The contractor with this bid is Classic Protective Coatings and the bid amount is $429,200. Badger State Inspection has successfully worked with Classic Protective Coatings on many projects and finds them to be excellent contractors. At this time, BSI recommends Classic Protective Coatings for the project and would very much look forward to working with them again. Sincerely, Kelly C. Mulhern, Owner Badger State Inspection, LLC. www.badgerstateinspection.com (715) 533-8686 (rev. 4/2026) Construction Contract Agreement This Construction Contract Agreement (“Agreement”) is made and executed this 18th day of August, 2026, by and between the City of Eden Prairie, a Minnesota municipal corporation (“City”), and Classic Protective Coatings, an Incorporation (“Contractor”). WITNESSETH: City and Contractor, for the consideration hereinafter stated, agrees as follows: 1. Contractor hereby covenants and agrees to perform and execute all the provisions of the Plans and Specifications prepared by the Public Works Department referred to in Paragraph IV, as provided by the City for: I.C. Recoating of the Wash Water Tank at the Water Plant Contractor further agrees to do everything required by this Agreement and the Contract Documents. 2. City agrees to pay and Contractor agrees to receive and accept payment in accordance with the prices bid for the unit or lump sum items as set forth in the Proposal Form attached hereto which prices conform to those in the accepted Contractor’s proposal on file in the office of the City Engineer. The aggregate sum of such prices, based on estimated required quantities is estimated to be $429,200.00. 3. Payments to Contractor by City shall be made as provided in the Contract Documents. 4. The Contract Documents consist of the following component parts: a. Legal and Procedural Documents (1) Advertisement for Bids (2) Instruction to Bidders (3) Accepted Proposal Form (4) This Construction Contract Agreement (5) Contractor’s Performance Bond (6) Contractor’s Payment Bond (7) Responsible Contractor Verification Form b. Special Conditions c. Detail Specifications d. General Conditions e. Plans f. Addenda, Supplemental Agreements, and Change Orders The Contract Documents are hereby incorporated with this Agreement and are as much a part of this Agreement as if fully set forth herein. This Agreement and the Contract Documents are the Contract. 5. Contractor agrees to fully and satisfactorily complete the work contemplated by this Agreement in accordance with the schedule provided in the Contract Documents. IN WITNESS WHEREOF, the parties to this Agreement executed this Agreement as of the date first above written. CITY OF EDEN PRAIRIE By: __________________________________ Its: Mayor By: __________________________________ Its: City Manager CONTRACTOR By: ___________________________________ Its: ___________________________________ President Classic Protective Coatings, Inc. City Council Agenda Cover Memo Date: August 18, 2026 Section: Consent Calendar Item Number: VII.H. Department: Public Works / Engineering – Carter Schulze, City Engineer ITEM DESCRIPTION Approve Line License Agreement with Twin Cities & Western (TC&W) for Underground Storm Sewer. (IC No 25816). REQUESTED ACTION Move to: Approve Line License Agreement with Twin Cities & Western (TC&W) for Underground Storm Sewer. (IC No 25816). SUMMARY Hennepin County is proposing the reconstruction of their bridge that carries CSAH 4 (Eden Prairie Road) over the TC&W line in 2027. As part of that project, the City is taking the opportunity to reconstruct the storm sewer pipe under the same bridge that has reached the end of its useful life. The new storm sewer pipe will be constructed with the Hennepin County project and run parallel to the TC&W tracks under the bridge. TC&W requires the City to enter into an agreement that will lay out responsibilities and requirements for the construction and maintenance of the storm sewer pipe within their right of way. TC&W also requires that the Licensee pay a one-time railroad fee of $1,250. ATTACHMENT Agreement 1 LINE LICENSE FOR UNDERGROUND STORM SEWER LONGITUDINAL OCCUPANCY PERMIT NO. TCWR-26-159 THIS LICENSE AGREEMENT (“License”), is made and entered into as of the ___day of May 2026 by and between Twin Cities & Western, a Minnesota corporation, hereinafter called the "Railroad", and City of Eden Prairie, 8080 Mitchell Road, Eden Prairie , Minnesota 55344 hereinafter called the "Licensee." In consideration of the mutual covenants contained herein, Railroad and Licensee agree: Section 1. License. The Railroad, for and in consideration of the payments and covenants to be kept and performed by the Licensee hereunder, does grant to Licensee a non-exclusive license, subject to all rights, interests, and estates of third parties, including without limitation any leases, use rights, easements, liens, or other encumbrances, and upon the terms and conditions set forth below, to construct, install, maintain and operate in strict accordance with the drawings and specifications approved by Railroad as part of Licensee’s application process (the “Drawings and Specifications”), one (1) UG 18” Class V Reinforced Concrete Pipe carrier (the “LINE”) crossing in a NE direction under the track of Railroad, at GPS location 44.877660, -93.485410, within the right-of-way of Railroad, Section 05 Township 116N Range 022W in Eden Prairie, County of Hennepin, State of Minnesota, as shown upon the map attached hereto as "Exhibit A" and made a part hereof (hereinafter called the “Property”). Section 2. Permitted Use. Licensee shall use the Property solely for construction, maintenance, and operation of the LINE. Licensee may not use the Property for any other purpose. At all points where the LINE passes beneath the roadbed or tracks the same shall be installed and maintained at such depth that the top of said LINE, or any casing which may contain it, shall be not less than 3 feet, measured vertically, below natural ground. The LINE shall be constructed in accordance with the details as shown on the attached Application for Underground LINE ("Exhibit B"), and shall be used by the Licensee exclusively for storm water, subject to the conditions hereinafter set forth. Licensee covenants that it will not use, store, handle or transport "hazardous waste" or "hazardous substances", as "hazardous waste" and "hazardous substances" may now or in the future be defined by any federal, state, or local governmental agency or body on Railroad's property. Licensee agrees periodically to furnish Railroad with proof, satisfactory to Railroad that Licensee is in such compliance. Should Licensee not comply fully with the above-stated obligations of this Section, notwithstanding anything contained in any other provision hereof, Railroad may, at its option, terminate this License by serving five (5) days' notice of termination upon Licensee. Upon termination, Licensee shall remove the LINE and restore Railroad's property as herein elsewhere provided, or upon approval of Railroad, abandon the Line in place after filling it with concrete. Licensee must not place or permit to be placed any advertising matter upon any part of the Property. Licensee must not change or permit any change in the existing grade or topography of the Property without the prior written approval of Railroad. 2 Construction of the LINE shall be completed within one year of the effective date of this License. Section 3. License Fee. Licensee must pay Railroad a one time fee of $1250. In case of the eviction of Licensee by anyone owning or claiming title to or any interest in the Property, or by the abandonment by Railroad of the affected rail corridor, Railroad shall not be liable to refund to Licensee any compensation paid hereunder. Section 4. Taxes and Assessments. The Licensee shall assume and pay all taxes and assessments that may be levied or assessed against the LINE, or against the Railroad's property by reason of the location of the LINE thereon. Section 5. Certain Costs and Expenses. The Licensee shall bear the entire cost and expense incurred in connection with the design, construction, installation, presence, use, maintenance, repair, renewal and removal of the LINE, including all cost and expense incurred by the Railroad in connection therewith for all work performed and materials used, and for supervision and inspection. All work of installation, alteration, maintenance and removal of the LINE within the limits of the right of way of the Railroad shall be done by the Licensee under the supervision, and to the satisfaction of the Railroad, and no work shall be done by the Licensee upon the property of the Railroad without first notifying the Railroad of the Licensee's desire so to do; provided that the Railroad may perform any work by it deemed necessary to support any of its tracks while such work is being done by the Licensee, any work necessary to restore the track and roadbed to their former condition, and any other work by it deemed necessary to be done upon its right of way by reason of the installation, alteration, maintenance or removal of the LINE, and the Licensee agrees to repay to the Railroad promptly upon the delivery of bills therefore the cost of all such work so done by the Railroad. "Cost" as used in this agreement shall mean all assignable costs, plus 10% on all labor items (including payroll taxes) to cover elements of expense not capable of exact ascertainment, and shall include charges for transportation of men and material at tariff rates and storage expenses on materials. Licensee shall promptly pay and discharge any and all liens arising out of any construction, alterations or repairs done, suffered or permitted to be done by Licensee on the Property. Railroad is hereby authorized to post any notices or take any other action upon or with respect to Property that is or may be permitted by law to prevent the attachment of any such liens to Property; provided, however, that failure of Railroad to take any such action shall not relieve Licensee of any obligation or liability under this Section or any other Section of this License. Section 6. Contractors and Subcontractors. Any contractors (each is “Contractor”) or subcontractors performing work on the LINE or entering the Property on behalf of Licensee shall be deemed servants and agents of Licensee for purposes of this License Section 7. Power Lines and Other Existing Obstructions. Licensee is responsible for determining the location and existence of any power lines, wires, conduits, sewers, piling or other obstructions to the construction of the LINE and shall indemnify Railroad for any and all liability for damage to power lines, wires, conduits, sewers, piling or other obstructions, if any, caused by the construction or maintenance of the LINE. The Licensee shall also be responsible for calling Gopher One before the project commences. 3 Section 8. Notice to Railroad; Railroad Supervision. The Licensee shall not carry on any work in connection with the construction, installation, use, maintenance, repair, renewal or removal of the LINE underneath or within twenty-five (25) feet of any rail of any railroad track at or on the Property before giving the Railroad’s General Manager of Mechanical and Maintenance at least three days written notice at the Railroad’s office located at Glencoe, Minnesota, and not until an authorized representative of the Railroad shall be present to supervise same. The Licensee must also contact the Signal Maintainer at least three days before work is to begin, to mark all signal cables. Upon bills being rendered therefore, the Licensee shall promptly reimburse the Railroad for all expenses incurred by the Railroad in connection with such supervision, including all labor costs for flagmen supplied by the Railroad to protect railroad operations, and for the entire cost of the furnishing, installation and later removal of any temporary supports for said tracks, which said General Manager of Mechanical and Maintenance or his authorized representative may consider necessary while such work is in progress. Section 9. Licensee’s Operations. (a) Licensee shall, at its sole cost and expense, construct and at all times maintain the LINE in accordance with the Drawings and Specifications, specifications of this license, and the standards of the American Railway Engineering and Maintenance-of-Way Association. In the event Licensee believes there is a conflict, Licensee shall notify Railroad before beginning the work. The use of a cable plow to install Licensee’s LINE is strictly prohibited unless advance written approval is granted by Licensor. Unless otherwise specified, all underground line shall be installed at least 120 inches below grade level. (b) Under no conditions shall Licensee conduct any tests, investigations, work, or any other activity using mechanized equipment and/or machinery, or place or store any mechanized equipment, tools or other materials, within twenty-five (25) feet of the centerline of any railroad track on the Property unless Licensee has obtained prior written approval from Railroad. Licensee shall, at its sole cost and expense, perform all activities on and about the Property in such a manner as not at any time to be a source of danger to or interference with the existence or use of present or future tracks, roadbed or property of Railroad, or the safe operation and activities of Railroad. If ordered to cease using the Property at any time by Railroad's personnel due to any hazardous condition, Licensee shall immediately do so. Notwithstanding the foregoing right of Railroad, the parties agree that Railroad has no duty or obligation to monitor Licensee's use of the Property to determine the safe nature thereof, it being solely Licensee's responsibility to ensure that Licensee's use of the Property is safe. Neither the exercise nor the failure by Railroad to exercise any rights granted in this Section will alter the liability allocation provided by this License. (c) Licensee shall observe and comply with any and all laws, statutes, regulations, ordinances, orders, covenants, restrictions, or decisions of any court of competent jurisdiction ("legal requirements") relating to the construction, maintenance, and use of the LINE and the use of the Property. Licensee shall and shall cause its 4 contractor to comply with all Railroad's applicable safety rules and regulations. (d) Prior to Licensee conducting any boring work on or about any portion of the Property, Licensee shall explore the proposed location for such work with hand tools to a depth of at least three (3) feet below the surface of the ground to determine whether lines or other structures exist below the surface, provided, however, that in lieu of the foregoing, the Licensee shall have the right to use suitable detection equipment or other generally accepted industry practice (such as consulting with the Underground Services Association) to determine the existence or location of lines and other subsurface structures prior to drilling or excavating with mechanized equipment. Upon Licensee's written request, which shall be made thirty (30) business days in advance of Licensee's requested construction of the LINE, Railroad will provide Licensee any information that Railroad has in the possession of its Engineering Department concerning the existence and approximate location of Railroad's underground utilities and lines at or near the vicinity of the proposed LINE. Prior to conducting any such boring work, the Licensee will review all such material. Railroad does not warrant the accuracy or completeness of information relating to subsurface conditions and Licensee's operations will be subject at all times to the liability provisions herein. (e) For all bores greater than 26-inch diameter and at a depth less than 10.0 feet below bottom of rail, a soil investigation will need to be performed by the Licensee and reviewed by Railroad prior to construction. This study is to determine if granular material is present, and to prevent subsidence during the installation process. If the investigation determines in Railroad's reasonable opinion that granular material is present, Railroad may select a new location for Licensee's use, or may require Licensee to furnish for Railroad's review and approval, in its sole discretion a remedial plan to deal with the granular material. Once Railroad has approved any such remedial plan in writing, Licensee shall, at its sole cost and expense, carry out the approved plan in accordance with all terms thereof and hereof. (f) Any open hole, boring or well constructed on the Property by Licensee shall be safely covered and secured at all times when Licensee is not working in the actual vicinity thereof. Following completion of that portion of the work, all holes or borings constructed on the Property by Licensee shall be: (1) filled in to surrounding ground level with compacted bentonite grout; or (2) otherwise secured or retired in accordance with any applicable legal requirement. No excavated materials may remain on Railroad’s property for more than ten (10) days, but must be properly disposed of by Licensee in accordance with applicable legal requirements. Section 10. Environmental Compliance. Licensee shall not create or permit any condition on the Property that could reasonably be expected to present a threat to human health or to the environment. 5 (a) Licensee shall comply with all applicable Environmental Laws (as hereafter defined) and all other laws, rules, regulations, ordinances, covenants, restrictions, standards, orders, and decisions of any court of competent jurisdiction, including without limitation any Environmental Laws, in its use of the Property. (1) “Hazardous Materials” means any pollutant, contaminant, hazardous substance or waste, solid waste, petroleum product, distillate, or fraction, radioactive material, chemical known to cause cancer or reproductive toxicity, polychlorinated biphenyl, or any other chemical, substance, compound or material (including without limitation asbestos, petroleum products, and lead-based paint) listed or identified in or regulated by any Environmental Laws. (2) “Environmental Laws” includes all federal, state and local environmental laws, rules, and regulations concerning occupation and use of the Property, including, but not limited to, the Oil Pollution Act, the Hazardous Materials Transportation Act, the Comprehensive Environmental Response, Compensation and Liability Act (“CERCLA”), 42 U.S.C. § 9601 et seq., the Resource Conservation and Recovery Act, 42 U.S.C. § 6901 et seq., the Federal Water Pollution Control Act, 33 U.S.C. § 1251 et seq., the Clean Water Act, 33 U.S.C. § 1321 et seq., The Clean Air Act, 42 U.S.C. § 7401 et seq., and the Toxic Substances Control Act, 33 U.S.C. § 1251 et seq., all as amended from time to time, and any other federal, state, local or other governmental statute, regulation, rule, law, ordinance, order, and decisions of any court of competent jurisdiction dealing with the protection of human health, safety, natural resources or the environment now existing or hereafter enacted. (b) Licensee shall indemnify and hold harmless Railroad from any Liabilities (as hereinafter defined) growing out of any events or damages alleged to have been caused, in whole or in part, by an unhealthful, hazardous, or dangerous condition caused by, contributed to, or aggravated by Licensee's presence on and use of the Property or Licensee's violation of any laws, ordinances, regulations or requirements pertaining to solid or other wastes, chemicals, oil and gas, toxic, corrosive or hazardous materials, air, water (surface or groundwater) or noise pollution, and the storage, handling, use or disposal of any such material. Licensee and Railroad expressly agree that the indemnification and hold harmless obligations herein shall survive termination of this Agreement. (c) Licensee shall bear the expense of all practices or work, preventative or remedial, which may be required because of conditions created by Licensee or by use of the Property by Licensee or those claiming by, through or under Licensee, during Licensee's period of occupancy. In the event any such cleanup, response, removal or remediation of any environmental condition is required by a governmental entity (hereinafter collectively referred to as "Response Action"), Licensee shall not be 6 entitled to any damages, actual or consequential, by reason of the Response Action's interference with Licensee's use of the Property. Licensee shall not be entitled to any abatement in the rent for any interference with Licensee's use of the Property due to a Response Action. Licensee shall permit the Railroad and its contractors full, unrestricted and unconditional access to the Property for the purpose of completing or engaging in a Response Action for which Licensee is responsible should Licensee fail to diligently pursue and complete such Response Action to the satisfaction of the Railroad, and Licensee shall reimburse the Railroad for all costs and expenses therefor upon demand. Section 11. Changes to or Relocation of the LINE. The Licensee at the Licensee's sole expense, whenever notified to do so, shall make such changes in the LINE, including change in location or to avoid interference with any present or proposed use of the Property, as the Railroad’s Director Mechanical and MOW or his authorized representative shall reasonably require. Upon receipt of written notice from the Railroad to such effect, Licensee shall commence taking all steps reasonable and necessary to make the requested relocation or changes in the LINE. Any relocation shall be completed (i) within 120 days of receipt of written notice from Railroad if Federal Energy Regulatory Commission (FERC) authorization is not required for such relocation and (ii) within 120 days of the receipt of all necessary FERC authorization where such authorization is required. If FERC authorization is required, Licensee shall exercise good faith efforts to promptly obtain such authorization. In the event the Railroad determines that emergency repairs to the LINE are required, and so informs Licensee, Licensee shall promptly make such emergency repairs at its sole cost and expense. Section 12. Railroad Rights Regarding Operation. The Railroad shall have the right at any and all times to raise or lower its grade, to make such changes in its existing track or tracks, roadbeds, structures and facilities or in the present standards thereof and to construct, maintain and operate such additional road beds, tracks, structures and facilities on said right of way and over and across the LINE as from time to time it may elect and may do whatever is necessary to enable it to use said railroad property for all lawful purposes; and the Licensee agrees, at Licensee's sole cost, and within 120 days of receipt of written notice from the Railroad to do so, to remove the LINE or make such changes in, additions to or changes in the location thereof, as may, in the judgment of the Railroad, be necessary to conform to the changes, alterations or new construction by the Railroad. In the event Licensee fails to remove the LINE or make the changes or additions required by Railroad within such time frame, the Railroad may in any event at its election do any of the work required to be done upon its right of way without further notice to Licensee, and for all such work related to the removal of, changes in, additions to, or relocation of the LINE, the Licensee agrees to pay promptly upon rendition of the bill for the cost thereof. All the terms, conditions and stipulations herein expressed with reference to the construction, maintenance, repair, renewal or removal of the LINE in the location above described shall apply to the LINE as relocated, changed or modified as contemplated by this Section. Section 13. No Adverse Possession. Maintenance and use of the LINE upon and across the Property, however long continued, shall not vest in the Licensee any rights adverse to those of the Railroad. 7 Section 14.1. Indemnity by Licensee. Licensee must indemnify and defend Railroad and Railroad’s affiliated companies, partners, successors, assigns, legal representatives, officers, directors, shareholders, employees, and agents (collectively, “Indemnitees”) for, from, and against claims, liabilities, fines, penalties, costs, damages, losses, causes of action, suits, demands, judgments, and expenses (including reasonable attorneys’ fees) to the extent proximately caused by the negligent acts or omissions of Licensee, or Licensee’s own officers, agents, or employees, arising from or related to: (a) this License; (b) Licensee’s rights or interests granted under this License; (c) Licensee’s occupation and use of the Property; or (d) the environmental condition of the Property to the extent proximately caused by Licensee’s negligent acts or omissions. Licensee’s obligations under this Section 14(a) are subject to, and limited by, the liability limits and defenses available to Licensee under Minnesota Statutes, chapter 466, and nothing in this License waives those limits or defenses. Nothing in this Section 14(a) obligates Licensee to indemnify any Indemnitee for that Indemnitee’s own negligence, or for the acts or omissions of any Contractor or any third party. Section 14.2. Indemnity by Contractor. (a) TO THE FULLEST EXTENT PERMITTED BY LAW, CONTRACTOR SHALL RELEASE, INDEMNIFY, DEFEND AND HOLD HARMLESS INDEMNITEES FOR, FROM AND AGAINST ANY AND ALL CLAIMS, LIABILITIES, FINES, PENALTIES, COSTS, DAMAGES, LOSSES, LIENS, CAUSES OF ACTION, SUITS, DEMANDS, JUDGMENTS AND EXPENSES (INCLUDING, WITHOUT LIMITATION, COURT COSTS, ATTORNEYS' FEES AND COSTS OF INVESTIGATION, REMOVAL AND REMEDIATION AND GOVERNMENTAL OVERSIGHT COSTS) ENVIRONMENTAL OR OTHERWISE (COLLECTIVELY "LIABILITIES") OF ANY NATURE, KIND OR DESCRIPTION OF ANY PERSON OR ENTITY DIRECTLY OR INDIRECTLY ARISING OUT OF, RESULTING FROM OR RELATED TO (IN WHOLE OR IN PART): (1) THIS LICENSE, INCLUDING, WITHOUT LIMITATION, ITS ENVIRONMENTAL PROVISIONS, (2) ANY RIGHTS OR INTERESTS GRANTED PURSUANT TO THIS LICENSE, TO THE EXTENT EXERCISED BY CONTRACTOR, (3) CONTRACTOR’S CONSTRUCTION, INSTALLATION, OR OTHER WORK PERFORMED UNDER THIS LICENSE, (4) THE ENVIRONMENTAL CONDITION AND STATUS OF THE PROPERTY CAUSED BY OR CONTRIBUTED BY LICENSEE, OR 8 (5) ANY ACT OR OMISSION OF CONTRACTOR OR CONTRACTOR’S OFFICERS, AGENTS, INVITEES, EMPLOYEES, OR CONTRACTORS, OR ANYONE DIRECTLY OR INDIRECTLY EMPLOYED BY ANY OF THEM, OR ANYONE THEY CONTROL OR EXERCISE CONTROL OVER, EVEN IF SUCH LIABILITIES ARISE FROM OR ARE ATTRIBUTED TO, IN WHOLE OR IN PART, ANY NEGLIGENCE OF ANY INDEMNITEE. THE ONLY LIABILITIES WITH RESPECT TO WHICH CONTRACTOR’S OBLIGATION TO INDEMNIFY THE INDEMNITEES DOES NOT APPLY ARE LIABILITIES TO THE EXTENT PROXIMATELY CAUSED BY SOLE WILLFUL MISCONDUCT OF AN INDEMNITEE. (b) FURTHER, TO THE FULLEST EXTENT PERMITTED BY LAW, NOTWITHSTANDING THE LIMITATION IN SECTION 14.2(a), CONTRACTOR SHALL NOW AND FOREVER WAIVE ANY AND ALL CLAIMS, REGARDLESS WHETHER BASED ON THE STRICT LIABILITY, NEGLIGENCE OR OTHERWISE, THAT RAILROAD IS AN "OWNER", "OPERATOR", "ARRANGER", OR "TRANSPORTER" WITH RESPECT TO THE PIPELINE FOR THE PURPOSES OF CERCLA OR OTHER ENVIRONMENTAL LAWS, CONTRACTOR WILL INDEMNIFY, DEFEND AND HOLD THE INDEMNITEES HARMLESS FROM ANY AND ALL SUCH CLAIMS REGARDLESS OF THE NEGLIGENCE OF THE INDEMNITEES, CONTRACTOR FURTHER AGREES THAT THE USE OF THE PROPERTY AS CONTEMPLATED BY THIS LICENSE SHALL NOT IN ANY WAY SUBJECT LICENSOR TO CLAIMS THAT RAILROAD IS OTHER THAN A COMMON CARRIER FOR PURPOSES OF ENVIRONMENTAL LAWS AND EXPRESSLY AGREES TO INDEMNIFY, DEFEND, AND HOLD THE INDEMNITEES HARMLESS FOR ANY AND ALL SUCH CLAIMS, IN NO EVENT SHALL RAILROAD BE RESPONSIBLE FOR THE ENVIRONMENTAL CONDITION OF THE PREMISES. (c) TO THE FULLEST EXTENT PERMITTED BY LAW, CONTRACTOR FURTHER AGREES, REGARDLESS OF ANY NEGLIGENCE OR ALLEGED NEGLIGENCE OF ANY INDEMNITEE, TO INDEMNIFY, AND HOLD HARMLESS THE INDEMNITEES AGAINST AND ASSUME THE DEFENSE OF ANY LIABILITIES ASSERTED AGAINST OR SUFFERED BY ANY INDEMNITEE UNDER OR RELATED TO THE FEDERAL EMPLOYERS' LIABILITY ACT (“FELA”) WHENEVER EMPLOYEES OF LICENSEE OR ANY OF ITS AGENTS, INVITEES, OR CONTRACTORS CLAIM OR ALLEGE THAT THEY ARE EMPLOYEES OF ANY INDEMNITEE OR OTHERWISE, THIS INDEMNITY SHALL ALSO EXTEND, ON THE SAME BASIS, TO FELA CLAIMS BASED ON 9 ACTUAL OR ALLEGED VIOLATIONS OF ANY FEDERAL, STATE OR LOCAL LAWS OR REGULATIONS, INCLUDING BUT NOT LIMITED TO THE SAFETY APPLIANCE ACT, THE BOILER INSPECTION ACT, THE OCCUPATIONAL HEALTH AND SAFETY ACT, THE RESOURCE CONSERVATION AND RECOVERY ACT, AND ANY SIMILAR STATE OR FEDERAL STATUTE. (d) Upon written notice from Railroad, Contractor agrees to assume the defense of any lawsuit or other proceeding brought against any Indemnitee by any entity, relating to any matter covered by this License for which Contractor has an obligation to assume liability for and/or save and hold harmless any Indemnitee, Contractor shall pay all costs incident to such defense, including, but not limited to, attorneys' fees, investigators' fees, litigation and appeal expenses, settlement payments, and amounts paid in satisfaction of judgments. (e) ALL PERSONAL PROPERTY, INCLUDING, BUT NOT LIMITED TO, FIXTURES, EQUIPMENT, OR RELATED MATERIALS UPON THE PREMISES WILL BE AT THE RISK OF CONTRACTOR ONLY, AND NO INDEMNITEE WILL BE LIABLE FOR ANY DAMAGE THERETO OR THEFT THEREOF, WHETHER OR NOT DUE IN WHOLE OR IN PART TO THE NEGLIGENCE OF ANY INDEMNITEE. (f) Contractor’s obligations under this Section 14.2 are not subject to any liability limit or defense available to Licensee under Minnesota Statutes, chapter 466. (g) Section 15. Marking of the LINE. The LINE shall be marked on both sides not closer than 12 feet from the field side of the rail, when crossing the railroad, with Licensee's markings and with correct color codes and markings. Section 16. Restoration of Vegetation. If natural vegetation does not re-grow within 6 months of the completed LINE project, Licensee shall seed the affected area until the vegetation growth is satisfactory to the Railroad. Section 17. Insurance Requirements. Prior to commencing any operations, Licensee, and any and all contractors engaged or hired to do any work on the Property for on or behalf of Licensee, must provide and thereafter maintain insurance policies as follows: (a) General Liability Insurance Licensee and Contractor must each provide General Liability insurance providing for limits of not less than $2,000,000 each occurrence for bodily injury and property damage. Contractor’s policy must also provide $6,000,000 in the aggregate for bodily injury and property damage . Each policy must be purchased on a post-1998 ISO occurrence or equivalent form and include coverage for, but not limited to, the following: 10 ● Public Liability ● Bodily Injury and Property Damage ● Personal Injury and Advertising Injury ● Fire legal liability ● Products and completed operations liability ● Contractual liability covering the obligations assumed under this Agreement. Each policy must name the providing party as Named Insured and name the Railroad as an Additional Insured, and must provide for the severability of the various insureds’ interests. Contractor’s policy must also be endorsed to delete all railroad exclusions. Contractor’s policy must include ISO Form number CG 24 17 10 01 (“Contractual Liability – Railroads”) or equivalent language; in no case can the Policy contain ISO Form CG 21 39 10 93 or equivalent language or ISO Form CG 24 27 03 05 or equivalent language. The Policy must include ISO Form number CG 22 74 10 01 (“Limited Contractual Liability Coverage for Personal and Advertising Injury”). Licensee must carry General Liability insurance on the coverage terms agreed to in writing by Licensee and Railroad. Each policy must be endorsed or contain language that any worker’s compensation exclusion does not apply to Railroad’s payments related to the Federal Employer’s Liability Act and that payments by Railroad under any wage continuation program are not to be deemed to be payments made or obligations assumed under any worker’s compensation law or disability benefits or unemployment compensation law or similar law. Where explosion, collapse, or underground hazards are involved, exclusions limiting coverage for such hazards must be removed from Contractor’s policy. Contractor must continue to indemnify Railroad as an Additional Insured on General Liability insurance as described herein until the expiration of three (3) years after completion of the work contemplated by this License. If any part of the work is to be done by any subcontractor, similar insurance must be provided by or on behalf of the subcontractors to cover their operations. The insurance company must agree to investigate and defend all claims and suits against the insured for the damages covered, even if groundless, until the insurance company shall elect to effect settlement. (b) Railroad Protective Liability Insurance Before any construction or demolition work is commenced upon or adjacent to 11 Railroad property, Contractor must obtain and maintain Railroad Protective Liability insurance. The policy must provide limits of $2,000,000 for Bodily Injury and Property Damage liability each occurrence and $6,000,000 annual aggregate. The coverage obtained under this policy shall only be effective during the initial installation and/or construction of the LINE. THE CONSTRUCTION OF THE LINE SHALL BE COMPLETED WITHIN ONE (1) YEAR OF THE EFFECTIVE DATE OF THIS POLICY. If further maintenance or construction activities concerning the LINE on the Property are needed at a later date, an additional Railroad Protective Liability Insurance policy shall be required. The Railroad Protective Liability Policy must be issued with the Railroad as the Named Insured and applies to events, damages, and injuries caused by Contractor , his/hers/its own employees, all contractors and their employees, and employees of the Railroad having occasion to work at the project site and all of the liability assumed by Licensee under this Agreement. The Railroad Protective Liability Policy must be issued on a standard ISO Form CG 00 35 10 01 or equivalent language and endorsed to include: 1. The Limited Seepage and Pollution Endorsement; and 2. The Evacuation Expense Coverage Endorsement. The original of this policy must be delivered to the Railroad prior to commencing any construction, maintenance, or demolition work. (c) Pollution Legal Liability Insurance If the General Liability Insurance maintained by Contractor has not been endorsed to cover pollution conditions including the release of hazardous materials into or upon land, the atmosphere or any watercourse or body of water, which results in bodily injury, property damage, or remediation expense, Contractor must obtain and maintain Pollution Legal Liability Insurance. This insurance shall be in an amount of at least FIVE MILLION DOLLARS ($5,000,000) per occurrence and TEN MILLION DOLLARS ($10,000,000) in the aggregate including but not limited to coverage for the following: ● bodily injury, sickness, disease, mental anguish, or shock sustained by any person, including death; ● property damage including physical injury to or destruction of tangible property including the resulting loss of use thereof, cleanup costs, and the loss of use of tangible property that has not been physically injured or destroyed; ● defense costs including costs, charges and expenses incurred in the investigation, adjustment or defense of claims for such compensatory damages. 12 The coverage must apply to sudden and non-sudden pollution conditions including the discharge, dispersal, release or escape of smoke, vapors, soot, fumes, acids, alkalis, toxic chemicals, liquids or gases, waste materials or other irritants, contaminants or pollutants into or upon land, the atmosphere or any watercourse or body of water, which results in bodily injury, property damage, or remediation expense. If coverage is purchased on a "claims made" basis, Contractor must agree to maintain coverage in force for a minimum of three years after expiration, cancellation, or termination of this contract. Contractor agrees to provide evidence of such coverage as required hereunder annually. Any bodily injury exclusions resulting from lead or asbestos must be deleted. The contractual liability exclusions and employer’s liability exclusion must provide coverage for liability assumed under contract. The definition of property damage must provide coverage for natural resource damage. This policy must endorsed (1) to waive the insurer’s subrogation rights against Railroad, (2) to name the Railroad as an additional insured, (3) to provide for separation of insured parties, and (4) to be primary and non-contributing with respect to insurance carried by the Railroad. (d) Business Automobile Insurance. Licensee and Contractor must each maintain Business Automobile Insurance with a combined single limit of at least $1,000,000 per occurrence and include coverage for, but not limited to, the following: ● Bodily injury and property damage ● Any and all vehicles owned, used or hired (e) Workers Compensation Insurance. Licensee and Contractor must each maintain a dequate Workers Compensation Insurance for all persons employed by it who may come upon Railroad property and who may come within the protection of such laws. The policy must include Employer’s Liability (Part B) with limits of at least $500,000 each accident, $500,000 by disease policy limit, and $500,000 by disease each employee. By each party’s actions in obtaining insurance coverage, neither Licensee, Contractor, nor Railroad intends or evidences an alternate or dual employment relationship with the Railroad. Contractor will be responsible to ensure that any subcontractor coming upon Railroad property will have proper and adequate Workers Compensation insurance coverage for all operations and certificates of insurance must be issued to the Railroad covering 13 each and every subcontractor and filed with the Railroad prior to the commencement of operations. (f) Other Requirements (1) Licensee and Contractor each agree to waive their respective rights of recovery against Railroad for all claims and suits and LIABILITIES (as previously defined) for which each has accepted responsibility in this Agreement. All insurance policies must contain waivers of subrogation and recovery rights as to the Railroad and its subsidiary and affiliated companies (hereinafter “Covered Entities”). All insurance required hereunder must name all Covered Entities as additional insureds and will be primary insurance and not excess over or contributing with any other insurance available to the Covered Entities as insureds or otherwise. The naming of Covered Entities as insureds or waiver of subrogation against Covered Entities will not preclude a Covered Entity from bringing a claim or claims against another Covered Entity as if it had not been so named and/or subrogation claims waived. The certificates of insurance must reflect that the above wording is included in the evidenced policies. (2) Licensee and Contractor must each not cause any policy to be cancelled or permit it to lapse and no insurance policy shall be subject to cancellation or a reduction in the required limits of liability or amounts of insurance until notice has been mailed by certified mail to the Railroad stating when, not less than thirty (30) days thereafter, such cancellation or reduction will be effective. This cancellation provision shall be indicated on the certificate of insurance. In the event of a claim or lawsuit involving Railroad arising out of this agreement, Licensee and Contractor will each make available any required policy covering such claim or lawsuit. (3) Certificate(s) of insurance must be furnished to Railroad by both Licensee and Contractor before coming upon Railroad property or commencing operations and the original of any Railroad Protective policy must be delivered by Contractor to Railroad. Acceptance of a certificate that does not comply with this section shall not operate as a waiver of either party’s obligations hereunder. Failure to provide certificates required by this Agreement shall entitle, but not require, Railroad to terminate this Agreement immediately. In the event of a claim which may be covered by a policy, a copy of the policy must be provided to Railroad. (4) Neither Licensee nor Contractor is not allowed to self-insure without the prior written consent of Railroad. If granted by Railroad, any deductible, self-insured retention or other financial responsibility for claims shall be covered directly by the self-insuring party in lieu of insurance. Any and all Railroad liabilities that would otherwise, in accordance with the 14 provisions of this Agreement, be covered by that party’s insurance will be covered as if that party elected not to include a deductible, self-insured retention, or other financial responsibility for claims. (5) The insurance which Licensee and Contractor are obligated to obtain under this Agreement shall be approved by Railroad before any work is performed on Railroad’s property and, other than Railroad Protective Liability Insurance, shall be carried as long as this Agreement is in effect and until all work to be performed on or adjacent to Railroad’s property is satisfactorily completed as determined by Railroad, all tools, equipment and materials not belonging to Railroad have been removed from Railroad’s property, and the Railroad’s property is left in a clean and presentable condition. (6) Licensee and Contractor are each fully obligated to pay all premiums for their respective insurance procured under this Agreement and neither party will be permitted to seek any charges related to insurance premiums as an add-on from the Railroad under this Agreement or in any other manner. (7) Licensee and Contractor agree and understand that their respective obligations to indemnify Railroad under this Agreement are not limited or affected by the amount of insurance obtained and carried in connection with this Agreement. (8) If any portion of the work or operation is subcontracted by Contractor , Contractor must require that the subcontractor(s) provide and maintain insurance coverages as set forth herein, naming Railroad as an additional insured, and shall require that the subcontractor(s) release, defend, and indemnify Railroad to the same extent and under the same terms and conditions as Contractor is required to release, defend, and indemnify pursuant to this Agreement. (9) Not more frequently than once every five years, Railroad may reasonably modify the required insurance coverage to reflect then-current risk management practices in the railroad industry and underwriting practices in the insurance industry. Section 18. No Warranties. RAILROAD'S DUTIES AND WARRANTIES ARE LIMITED TO THOSE EXPRESSLY STATED IN THIS LICENSE AND SHALL NOT INCLUDE ANY IMPLIED DUTIES OR IMPLIED WARRANTIES, NOW OR IN THE FUTURE. NO REPRESENTATIONS OR WARRANTIES HAVE BEEN MADE BY RAILROAD OTHER THAN THOSE CONTAINED IN THIS LICENSE. LICENSEE HEREBY WAIVES ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE PROPERTY OR WHICH MAY EXIST BY OPERATION OF LAW OR IN EQUITY, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, HABITABILITY OR FITNESS 15 FOR A PARTICULAR PURPOSE. Section 19. Quiet Enjoyment. RAILROAD DOES NOT WARRANT ITS TITLE TO THE PROPERTY NOR UNDERTAKE TO DEFEND LICENSEE IN THE PEACEABLE POSSESSION OR USE THEREOF. NO COVENANT OF QUIET ENJOYMENT IS MADE. Licensee acknowledges that one or more other parties, including, but not limited to, various American nations, may have, or may have claim to have, ownership rights in certain segments of certain of Railroad’s rail corridor, and may claim that Licensee also must obtain rights from it (or them) in order to occupy, or access, the Property, and that, in some cases such claims may be valid. Railroad therefore conveys to Licensee no more right, title and interest in any rail corridor than Licensor holds in such rail corridor at the time of conveyance, and Licensee hereby releases Railroad from any and all liability, cost, loss, damage or expense in connection with any claims that Railroad lacked sufficient legal title to convey the rights described herein. Section 20. Termination Notice. This agreement shall continue in effect indefinitely until terminated by notice or by Licensee’s non-use or abandonment of the LINE for more than 30 days. Any notice given by the Railroad hereunder shall be good if deposited in a United States Post Office, certified mail, addressed to the Licensee at the Licensee's last known address. Section 21. Removal of LINE at End of Term. The Licensee at the Licensee's sole expense, within one year from the date of service of notice of termination as above provided or within one year of Licensee’s non-use or abandonment of the LINE, shall take up and remove the LINE from the Property, report and restore any damage arising from Licensee’s use, remedy any unsafe conditions created or aggravated by Licensee, and restore the Property to a condition satisfactory to the Railroad. Upon approval of Railroad, Licensee may abandon the Line in place after filling it with concrete. Failure on the part of the Licensee to do so shall constitute an abandonment of the LINE by the Licensee, and the Railroad shall have the right to remove all or any part of the LINE from the Property and perform the work of restoration, and in either event the Licensee, upon a bill being rendered therefore, shall promptly reimburse the Railroad for all expenses incurred in connection therewith, plus fifteen percent. Section 22. Waiver. The waiver by the Railroad of a breach by the Licensee of any provision hereof, shall be limited to the specific act or omission constituting such breach, and shall not constitute a continuing or permanent waiver with respect to future acts or omissions or affect in any way Railroad’s ability to enforce any Section of this License. Section 23. Default. If default shall be made in any of the covenants or agreements of Licensee contained in this document and such defaults are not cured within 30 days of receipt of notice of same, or in case of any assignment or transfer of this License by operation of law, Railroad may, at its option, terminate this License by serving five (5) days' notice in writing upon Licensee. The remedy set forth in this Section shall be in addition to, and not in limitation of, any other remedies that Railroad may have at law or in equity. Section 24. Assignment. This agreement or the permission herein granted shall not be assigned or transferred by the Licensee in any manner, by operation of law or otherwise, without the advance written consent of the Railroad. Subject to the foregoing sentence, this Agreement shall inure to 16 the benefit of, and be binding upon, the successors, assigns and legal representatives of the respective parties. Section 25. Survival. Neither termination nor expiration will release either party from any liability or obligation under this License, whether of indemnity or otherwise, resulting from any acts, omissions or events happening prior to the date of termination or expiration, or, if later, the date when the LINE and improvements are removed and the Property is restored to its condition as of the Effective Date. Section 26. Severability. To the maximum extent possible, each provision of this License shall be interpreted in such manner as to be effective and valid under applicable law, but if any provision of this License shall be prohibited by, or held to be invalid under, applicable law, such provision shall be ineffective solely to the extent of such prohibition or invalidity, and this shall not invalidate the remainder of such provision or any other provision of this License. Section 27. Recordation. It is understood and agreed that this License shall not be placed on public record. Section 28. Integration. This License is the full and complete agreement between Railroad and Licensee with respect to all matters relating to Licensee's use of the Property, and supersedes any and all other agreements between the parties hereto relating to Licensee's use of the Property as described herein. However, nothing herein is intended to terminate any surviving obligation of Licensee or Licensee's obligation to defend and hold Railroad harmless in any prior written agreement between the parties. [This space left blank intentionally] IN WITNESS WHEREOF, the parties hereto have caused this agreement to be duly executed as of the day and year first above written. Twin Cities & Western, a Minnesota corporation By ______________________________________ Its ____________________________________ Date ____________________________________ 17 City of Eden Prairie By ______________________________________ Its ____________________________________ Date ____________________________________ By execution below, Contractor agrees to be bound by, and to perform, the obligations of Contractor under Section 6, Section 14(b), and Section 17 of this License. [insert contractor legal name and entity info] By ______________________________________ Its ____________________________________ Date ____________________________________ Id: TCWR-26-159 Application for Pipeline - Longitudinal Most recent submittal date: 07/30/2026 10:06 AM Number of submissions: 3 Related applications: TCWR-25-157 RailPermitting.com Applicant Name: Carter Schulze Title: City Engineer Company: City of Eden Prairie Phone: 9529498339 Email: cschulze@edenprairiemn.gov Project Description: An existing Eden Prairie drainage pipe has corroded and collapsed within the TC&W ROW. Hennepin County will be replacing Bridge Number 27502 where the pipe is collapsed. The city and county are working together to fix replace the collapsed pipe while the bridge is replaced. Applicant Details Legal Name of company/municipality who will own the pipeline: City of Eden Prairie State in which incorporated: Minnesota Name of owners or partners if not incorporated: Name of contact for ownership entity: Jake Schumacher Phone number: 612-600-2459 Email: Jake.Schumacher@hennepin.us Mailing address: 1600 Prairie Dr Medina, Minnesota 55340 3rd Party Installer Will a 3rd party be installing: No Application Details Construction start date: 04/01/2027 Construction end date: 11/22/2027 Is this applicant a condemning authority: Yes Is this installation in the public right of way: No 1 / 8 Id: TCWR-26-159 Application for Pipeline - Longitudinal Is this applicant a railroad shipper?: No Is this installation requested by RR: No Is this installation/relocaton in relation to a RR track expansion project: No Is this installation associated with a public road crossing/widening or a grade separation project: Yes Road/Hightway name: Eden Prairie Road Location Details Type of encroachment: Longitudinal Name of nearest town on RR: Eden Prairie County: Hennepin County State: Minnesota Name of nearest roadway crossing RR: Pedestrian Crossing DOT Number: 976552L PLSS: 005 / 116-N / 022-W Latitude: 44.87766 Longitude: -93.48541 Railroad: TCWR Pipeline Method of installation: Trench Contents to be handled through the pipeline: Drainage Water Bore in ROW: No Bore distance to track: Length of pipe on railroad property: 267 ft CARRIER CASING Inside diameter of pipe 18 in. Pipe material Reinforced Concrete Specification & grade RCP Class V Wall thickness 2.5 in. Actual working pressure 300 psi Type of joint Mechanical 2 / 8 Id: TCWR-26-159 Application for Pipeline - Longitudinal Coating Distance from base of rail to top of pipe Minimum ground cover on property 3 ft Cathodic protection No Type of insulators or support: None Number of vents: 0 Does pipeline support an oil or gas well: No Abandoning pipes: No 3 / 8 Id: TCWR-26-159 Application for Pipeline - Longitudinal Plan View Milepost A Distance: Milepost B Distance: Fixed object A: Distance: Description: Fixed object B: Distance: Description: 4 / 8 Id: TCWR-26-159 Application for Pipeline - Longitudinal Variances REQUIREMENT APPLICATION VALUE EXPLANATION Longitudinal installations re- quire engineering review Longitudinal The proposed pipe is replacing an existing longitudinal pipe that has corroded and collapsed. The new pipe will be located further away from the tracks than the ex- isting. Uncased pipelines must be steel Reinforced Concrete Approval to use RCP has been accepted per TCWR if Class V pipe is used. 5 / 8 Id: TCWR-26-159 Application for Pipeline - Longitudinal Changes Changeset 1 on 04/08/2026 Application Updated FIELD OLD VALUE NEW VALUE Submittal Date Time 02/03/2026 02:24 PM 04/08/2026 07:56 AM Pipeline Carrier Updated FIELD OLD VALUE NEW VALUE Pipeline Carrier Material HDPE Reinforced Concrete Specification Grade ASTM M 294 RCP Class V Wall Thickness 2.514 2.5 Variances Updated FIELD OLD VALUE NEW VALUE Form Value HDPE Reinforced Concrete Requirement Uncased pipelines must be steel Uncased pipelines must be steel Spec Name Carrier Pipe Material Carrier Pipe Material Explanation The existing pipe is steel and has corroded. The new pipe does not cross under the tracks at any point and would be resistant to corro- sion. The drainage pipe is not a pressure pipe, so casing did not seem necessary. The new pipe is also located further away from the tracks than the original pipe that will be re- moved. Approval to use RCP has been accepted per TCWR if Class V pipe is used. Documents 6 / 8 Id: TCWR-26-159 Application for Pipeline - Longitudinal Added FIELD OLD VALUE NEW VALUE File Name TCWR-26-159 Storm Sew- er Replacement Eden Prairie, MN.msg Note Attached to denial notifica- tion sent to applicant. Date Time (UTC)2026-02-04 19:03:38Z Is Deleted No FIELD OLD VALUE NEW VALUE File Name Re_ TCWR-26-159 Storm Sewer Replacement Eden Prairie, MN.msg Note Date Time (UTC)2026-02-04 20:18:20Z Is Deleted No FIELD OLD VALUE NEW VALUE File Name 0326_2026_Storm_Sew- er_60%.pdf Note Date Time (UTC)2026-04-08 12:55:45Z Is Deleted No Changeset 2 on 07/30/2026 Application Updated FIELD OLD VALUE NEW VALUE Submittal Date Time 04/08/2026 07:56 AM 07/30/2026 10:06 AM User Updated FIELD OLD VALUE NEW VALUE 7 / 8 Id: TCWR-26-159 Application for Pipeline - Longitudinal Company Hennepin County City of Eden Prairie First Name Jake Carter Last Name Schumacher Schulze Title Professional Engineer City Engineer Email Jake.Schumacher@hen- nepin.us cschulze@edenprairiemn.gov Phone Number 612-600-2459 9529498339 Name Jake Schumacher Carter Schulze Application Detail Updated FIELD OLD VALUE NEW VALUE Payment Bypass Reason Not Required for TCWR Waived by system due to Admin submission of application. Documents Added FIELD OLD VALUE NEW VALUE File Name Draft Agreement TCWR-26-159.doc Note Date Time (UTC)2026-04-08 15:54:00Z Is Deleted No FIELD OLD VALUE NEW VALUE File Name 7_23_26 License Agreement TCWR-26-159.pdf Note agreed draft Date Time (UTC)2026-07-23 16:36:34Z Is Deleted No 8 / 8 MANHOLE MH-3 MANHOLE MH-1 MANHOLE MH-2 TCW TRACKS SAMH-S05-2546TC=916.57INV=904.17 SAMH-S05-3406TC=915.50INV=903.35 SAMH-S05-3407TC=915.19INV=903.29 SAM-S05-2884SIZE= 8 INCHLENGTH= 158 LF SAM-S05-2886SIZE= 8 INCH STM-S05-30110SIZE= 18 INCHLENGTH= 158 LF SAM-S05-2885SIZE= 8 INCH STM-S05-30110SIZE= 18 INCHLENGTH= 111 LF 30. 0 0 ' 0+00 1+00 2+00 2+66 SHEET OF DRAWN BY 1 CITY PROJECT NO. 25832 DESIGNED BY CHECKED BY NO DATE BY CKD APPR REVISION JPA PJS JPA CITY OF EDEN PRAIRIE EXISTING PIPE REMOVAL AND REALIGNMENTPATRICK J. SEJKORA 5371303/26/2026 1CSAH 4 STORM SEWER REPLACEMENT DATE: 03/26/2026G: \ E n g i n e e r i n g \ I C # s \ 1 - A C T I V E F o l d e r s \ 2 5 8 1 6 C S A H 4 - T C & W R R B r i d g e \ 0 6 D e s i g n \ C o u n t y _ D r a w i n g . d w g 8080 MITCHELL ROAD, EDEN PRAIRIE, MNPHONE: (952) 949-8300 NORTH LEGEND PROPERTY / ROW LINE EXISTING STORM SEWER EXISTING SANITARY SEWER EXISTING STORM MANHOLE EXISTING SANITARY MANHOLE EXISTING RAILROAD PROPOSED STORM SEWER REMOVE STORM SEWER PIPE PROPOSED STORM MANHOLE NOT FOR CO N S T R U C T I O N City Council Agenda Cover Memo Date: August 18, 2026 Section: Consent Calendar Item Number: VII.I. Department: Public Works/ Streets – Jake Sandvig ITEM DESCRIPTION Contract for MNDOT Contract #234381 – Franlo Rd. GR – City of Eden Prairie, MNDOT Contract #234381 – Smetana Ln. GR – Eden Prairie, and MNDOT Contract #234381 – Anderson Lakes Pkwy GR – Eden Prairie for replacing guardrails that no longer meet current standards at the locations of Franlo Rd, Smetana Ln, and Anderson Lakes Pkwy. The Minnesota Oﬃce of State Procurement Contract Release: G-205(5) Contract No. 234381 will be used for the guardrail replacements. REQUESTED ACTION Move to: Award the contract for MNDOT Contract #234381 – Franlo Rd. GR – City of Eden Prairie, MNDOT Contract #234381 – Smetana Ln. GR – Eden Prairie, and MNDOT Contract #234381 – Anderson Lakes Pkwy GR – Eden Prairie with H & R Const. Co. in the amount not to exceed $68,000.00. SUMMARY We are replacing our guardrail sections that no longer meet MNDOT standards. Engineering and Streets have constructed a priority list for replacement and will begin to replace each section of guardrail based on priority level. This list of guardrails will either be replaced per standards or removed as allowed. The funding source for this work is from the CIP for PW ROW Maintenance items. ATTACHMENTS MN State Contract Page 1 of 13 Admin Minnesota Office of State Procurement Room 112 Administration Bldg., 50 Sherburne Ave., St. Paul, MN 55155; Phone: 651.296.2600, Fax: 651.297.3996 Persons with a hearing or speech disability can contact us through the Minnesota Relay Service by dialing 711 or 1.800.627.3529. Contract Release: G-205(5) DATE: June 4, 2026 PRODUCT/SERVICE: Furnish Guardrail Components and Installation by Region CONTRACT PERIOD: September 1, 2023, through August 31, 2026 EXTENSION OPTIONS: 24 months ACQUISITION MANAGEMENT SPECIALIST/BUYER (AMS): Nicole Fuller PHONE: 651.201.3314 E-MAIL: Nicole.Fuller@state.mn.us WEB SITE: https://mn.gov/admin/osp/ CONTRACTOR CONTRACT NO. TERMS DELIVERY BRIFEN USA, INC. 234382 NET 30 30 DAYS ARO 12501 N Santa Fe Ave. Oklahoma City, OK 73114 VENDOR NO.: 0000387029 CONTACT: Joe Carey PHONE: 866.427.4336 EMAIL: joe@brifenusa.com FAX: 405.751.8338 CONTRACT PRICING. Click the link below to see pricing for the Furnish Only Guardrail Components. FURNISH ONLY GUARDRAIL COMPONENTS – REGIONS 1-10 Brifen USA, Inc. Exhibit D Price Schedule A Furnish Only CONTRACTOR CONTRACT NO. TERMS DELIVERY CERTIFIED TARGETED GROUP CONTRACTOR ERICKSON BUILDERS & CO. 234383 NET 30 21 DAYS ARO dba ERICKSON INFRASTRUCTURE BASED ON AVAILABILITY 5560 Quam Avenue St. Michael, MN 55376 VENDOR NO.: 0000304186 CONTACT: Rebecca Erickson CELL: 612.910.9962 EMAIL: rebeccae@ericksoninfrastructure.com OFFICE: 763.497.9209 ext.1 CONTRACT PRICING. Click the links below to see pricing for the Furnish and Install Guardrail Components. FURNISH AND INSTALL GUARDRAIL COMPONENTS – REGIONS 3-9 Erickson Infrastructure Exhibit D Price Schedule B Furnish and Install Contract Release G-205(5) Page 2 of 13 CONTRACTOR CONTRACT NO. TERMS DELIVERY H&R CONST CO. 234381 NET 30 7 DAYS ARO P.O Box 756 BASED ON AVAILABILITY Dalton, MN 56324 VENDOR NO.: 0000203941 CONTACT: Anthony Peterson PHONE: 218.589.8707 Ext. 214 EMAIL: anthony@hrconst.com FAX: 218.589.8708 CONTRACT PRICING. Click the links below to see pricing for the Furnish Only Guardrail Components and Furnish and Install Guardrail Components. FURNISH ONLY GUARDRAIL COMPONENTS – REGIONS 1-10 H&R Const Co. Exhibit D Price Schedule A Furnish Only FURNISH AND INSTALL GUARDRAIL COMPONENTS – REGIONS 1-10 H&R Const Co. Exhibit D Price Schedule B Furnish and Install EXHIBIT E - MINNESOTA MAP BY REGION CONTRACT USERS. This Contract is available to the following entities as indicated by the checked boxes below ☒ State agencies ☒ Cooperative Purchasing Venture (CPV) members STATE AGENCY CONTRACT USE. State agencies should make every effort to use the Contractor(s) listed. However, this Contract does not prohibit State agencies from using their delegated local purchasing authority to procure similar products and services from other vendors. STATE AGENCY ORDERING INSTRUCTIONS. Orders are to be placed directly with the Contractor(s). State agencies should use a Contract release order (CRO) or a blanket purchase order (BPC). The person ordering should include their name and phone number. COOPERATIVE PURCHASING VENTURE (CPV) MEMBER ORDERING INSTRUCTIONS. This Contract is available to all CPV members per Minn. Stat. § 16C.03, Subd. 10 and Minn. Stat. § 471.59, Subd. 1. For more information on the Cooperative Purchasing Venture Program, see State web site: https://mn.gov/admin/osp/other-purchasers/cpv/. CPV member orders are to be placed directly with the Contractor(s) and must identify this Contract Release, G-205(5), and the Contractor’s specific contract number. CONTRACT FEEDBACK. If these commodities or service can be better structured to help you with your business needs, let us know. We solicit your comments and suggestions to improve all of our contracts so that they may better serve your business needs. If you have a need for which no contract currently exists, or you would like to be able to use an existing state contract that is not available to your entity, whether a state agency or CPV), please contact us. If you have specific comments or suggestions about an individual contract you can submit those via the Contract Feedback Form. TERMS AND CONDITIONS SECTION I - (APPLIES TO ALL CONTRACTS) SCOPE. The purpose of the contracts is to furnish guardrail components and/or to furnish and install guardrail components. Both types of contracts will be available for all State Agencies and Cooperative Purchasing Venture (CPV) Member agencies on an as needed basis. Contract Release G-205(5) Page 3 of 13 PRICES. Prices are firm through the initial term of the Contract. After that period, prices may increase. Price increases are not effective until they are approved by the AMS. NOTE: At no time should the ordering entity pay more than the Contract price. Agencies must contact the AMS immediately and fill out a Vendor Performance Report if there is a discrepancy between the price on the invoice and the Contract price. ADDITIONAL DISCOUNTS. The Contractor may offer additional discounts from Price Schedules when providing a quote. Additional available discounts may include, but are not limited to, site/project bundling, quantity discounts, and available promotional discounts. PURCHASE ORDER LIMITS FOR GUARDRAIL COMPONENTS AND INSTALLATION. FURNISH GUARDRAIL COMPONENTS ONLY: Purchase orders for furnishing guardrail components only can be in any dollar amount, there are no minimum or maximum requirements. At the State agency or CPV Member’s discretion, agency or CPV Member’s qualified personnel may install these ground mounted highway safety barriers components they purchase. FURNISH AND INSTALL GUARDRAIL: Individual purchase orders, including associated change orders, issued against the contract for Guardrail installation, either for new installation or for repairs of an existing guardrail, shall be less than $165,000 initially and any change orders to an individual purchase must be limited to $10,000 so the individual purchase order amount does not exceed $175,000, including change orders and unforeseen conditions. Agency requirements for $175,000 or more will be bid and contracted for through established public works construction contracting procedures. BUYING GUARDRAIL COMPONENTS / INSTALLATION “OFF” CONTRACT. State agencies should make every effort to use the Contractor(s) listed. However, this Contract does not prohibit State agencies or CPV members from using their delegated purchasing authority to procure similar goods and services from other Contractors. The State agency or CPV member has discretion to utilize qualified personnel to do their own work even though it may be covered under this Contract. REGIONS WITH NO CONTRACT COVERAGE. Ordering entities that need work performed in a region that is not covered by a Contract are allowed to contact a Contractor who does have a Contract for a region that abuts the region where the work is to be performed. Under such circumstances, the Contractor may agree at their discretion to extend the Contract pricing, terms and conditions on an individual project basis. VERIFYING THE CONTRACT PRICES. The Contract(s) was executed with FIXED PRICING. The pricing offered must match or be lower than that detailed herein. The Contract(s) also includes HOURLY RATES. Confirm that the correct rate has been utilized by the Contractor and that the number of hours are properly calculated/subtotaled. Review the number of hours quoted against the scope of your project. The Contract(s) does allow for COST-PLUS PRICING by Manufacturer for related items not found on the contract. To calculate the Contract Price, follow these four steps: 1. Request a copy of the supplier invoice or supplier quote from the Contractor. 2. Locate the Contractor’s Percentage Mark-up detailed herein (or wherever it can be found on the Contract Release). 3. Apply the Contractor’s Percentage Markup to the cost identified in Item 1. 4. Confirm the price offered is equal to, or lower than, the price calculated in Item 3. Only accept Contractor’s quotes that provide itemized contract pricing. Lump sum price quotes must be rejected and reworked by the Contractor to show itemized State contract pricing. This does not apply to mobilization and traffic control quotes. Prior to accepting an order and/or issuing payment on an invoice, inspect the goods and/or deliverables to ensure they match both the terms and pricing of the contract. Contact the AMS/Buyer detailed herein to report any pricing discrepancies or for assistance in confirming/calculating contract pricing. Contract Release G-205(5) Page 4 of 13 ITEMS OFFERED AS NEW. All products, material, and supplies offered and furnished must be new, of current manufacturer production, and must have been formally announced by the manufacturer as being commercially available as of the date of the solicitation opening, unless otherwise stated on the price schedule. INVOICES. Each invoice at a minimum should include the following: • Customer name • State Contract number field • Purchase Order number field • Actual number of hours worked • Time of day services provided • Crew type utilized • Labor rate applied • Total labor cost • Mobilization quoted rate • Traffic Control quoted rate, if applicable • Item description of the material/parts used • Item quantity • Each material/part’s list price (for cost plus pricing, the actual cost) • Percentage mark up on material for cost plus pricing • Total materials/parts cost • Total amount Invoices for Materials Only (Furnish Only Guardrail Components) • Customer name • State Contract number field • Purchase Order number field • Item description of the material/parts purchased • Item quantity • Each material/part’s list price (for cost plus pricing, the actual cost) • Freight, if applicable • Total amount SECTION II - (APPLIES ONLY TO FURNISH ONLY GUARDRAIL COMPONENTS CONTRACTS) UNIT PRICES. The Contractor(s) pricing for guardrail components shall be fixed per unit and contains all fees, including, but not limited to duties, custom fees, permits, brokerage fees, licenses and registrations. The State will not pay any additional charges beyond the price(s) unless otherwise provided for by law or expressly allowed by the terms of the contract. COST PLUS PRICING FOR MISCELLANEOUS GUARDRAIL COMPONENTS. Cost is defined as the actual cost the Contractor pays the supplier for goods or services the State orders, minus any applicable taxes. Only costs specifically detailed in the billing statement, quote, or invoice from the supplier will be subject to the cost-plus percentage detailed on the Contract. If a quote is issued, the invoice price cannot exceed the quoted price. STATE EXCISE AND USE TAX. The Contractor(s) have not included sales tax in the contract pricing for furnishing product only. Unless otherwise instructed by the State, agencies will pay all applicable taxes directly to the Department of Revenue. Per Department of Revenue Tax Fact Sheet 142, State agencies are not required to submit an ST3 form to their suppliers. See the Department of Revenue website for more information. If orders are issued by Cooperative Purchasing Venture (CPV) members, the Contractor should confirm all of the tax requirements with the ordering entity. PRICE QUOTES. The State or CPV member will request a quote prior to issuing a purchase order. If there are multiple Contractors assigned to a region, the State reserves the right to obtain a written price quote from multiple Contractors. The Contractor will be responsible for providing a firm written quote showing the total dollar value for the quantity products requested and the required freight charges. Contract Release G-205(5) Page 5 of 13 PURCHASING CARDS. Contractors will accept a purchasing card for order placement in addition to accepting a purchase order, without passing the processing fees for the purchasing card back to the State agency or CPV member. The single purchase limit for purchasing cards is $5,000. All of Contractor’s systems and components that process, store, or transmit Cardholder Data shall comply with the most recent version of the Payment Card Industry Data Security Standard (“PCI DSS”) promulgated by the PCI Security Standards Council. FREIGHT/SHIPPING TERMS. All shipments are FOB Destination, freight charges prepaid or added (the Contractor is allowed to invoice for freight charges) to the ordering agency’s receiving dock or warehouse. Contractor(s) will pay all freight charges and add freight charges to quote/invoice as a separate line item. Freight must be quoted/invoiced as a direct pass through cost – no markup is allowed. Freight charges invoiced may not exceed the quoted price. Upon request by the State, or CPV Member, Contractor must furnish third party freight quote and/or invoice with their invoice. In those situations, in which the “deliver-to” address has no receiving dock or agents, the Contractor must be able to deliver to the person specified on the PO. The Contractor must furnish a packing slip/bill of lading with each shipment. One copy must be given to the authorized ordering agency representative at each shipment destination. DELIVERY REQUIREMENTS. Contractor is obligated to deliver within the quoted lead times. If delivery is not made within that time frame, the State reserves the right to deem the Contractor in default. Contractor must confirm delivery locations and requirements with the ordering entity. Prior to delivery, the Contractor is responsible for confirming in writing with the ordering entity that the delivery location will accommodate unloading the equipment. Contractor must notify the receiving entity at least 72 hours before delivery to allow for inspection and compliance. No delivery can be made on a State Holiday (as defined in Minn. Stat. § 645.44, subd. 5), on Saturday or Sunday, or after 3:30 p.m. Central Time on weekdays, without prior written approval by the receiving entity. The ordering entity shall be responsible to inspect all components on delivery. Materials must be stored in original undamaged packaging in such a manner to ensure proper ventilation and drainage, and to protect against damage, weather, vandalism, and theft until ready for installation. DAMAGE AND/OR DEFECTIVE MATERIALS. At its expense, the Contractor shall promptly remedy and repair all damage or loss to any property caused by the Contractor. The Contractor shall not be liable for any loss, delay, injury, or damage, whether direct or consequential, that may be caused by conditions beyond its control relating to acts of government, strikes, lockouts, fire explosion, theft, riot, civil commotion, war, malicious mischief, floods, or other acts unforeseen, or other situations beyond the Contractor’s control. The Contractor shall not be responsible for damage or loss attributable to the fault or negligence of the ordering entity. The Contractor shall not be held liable for back charges if the delay of response time is caused by strikes, any preference or priority allocation order issued by the government, or any unforeseeable cause beyond the Contractor’s control, or any cause the State determines justifies the delay. All guardrail components, parts, or accessories found to be defective shall be returned and replaced with new guardrail components, fence posts and parts or accessories at the Contractor’s expense. All shipping costs will be borne by the Contractor. SECTION III - (APPLIES ONLY TO FURNISH AND INSTALL GUARDRAIL CONTRACTS) UNIT PRICES. Contractors have included in their contract prices for furnishing and installing product any applicable State or Federal sales, excise or use tax on all materials, supplies and equipment that are to be utilized. Pricing also includes, but is not limited to government taxes, overhead, profit, Social Security, unemployment compensation, insurance payments, employees’ fringe benefits, complete insurance coverage of employees, property damage, public liability insurance, etc. If orders are issued by Cooperative Purchasing Venture (CPV) members, the Contractor should confirm all of the tax requirements with the ordering entity. LABOR PRICES. The Contractor’s hourly price shall include, but is not limited to, prevailing wage reporting requirements, equipment and tools normally associated with the installation of guardrail components, etc. The certified prevailing wage rates in effect at the time of the solicitation is advertised, apply for the duration of the contract. Contract Release G-205(5) Page 6 of 13 COST PLUS PRICING MARKUP MISCELLANEOUS GUARDRAIL COMPONENTS. These items will be furnished on a cost plus percentage markup basis. Contractor’s cost plus percentage markup for these miscellaneous components must include the cost of delivery. Upon request, copies of the supplier’s invoice must be attached to the invoice to the State Agency or CPV member for verification. MOBILIZATION. Contractor’s mobilization (one time charge per project) includes preparatory work and operations, including, but not limited to those necessary for the movement of construction personnel, equipment, supplies and incidentals to the project site, or cost incurred prior to beginning work on the various items on the project site. Mobilization rates must be quoted at the time of request. The State will pay only one mobilization rate per project. Any mobilization rate exceeding the agreed upon quote amount must be approved in writing by the ordering entity before being charged. TRAFFIC CONTROL: Temporary traffic control must be quoted and invoiced as a separate line item when this classification of service is requested. PERMITS. Permits required by local authorities shall be secured and paid for by the Contractor and will be reimbursed to the Contractor at the actual cost of such permits if the cost is itemized and evidence of the permit and its cost is attached to their invoice. INSURANCE. The Office of State Procurement has a current certificate of insurance on file for the Contractor for furnish and install work. PRICE QUOTES. Prior to issuing a purchase order, agencies or CPV members will request a quote for the work to be completed. The Contractor will be responsible for providing a firm quote showing the list of materials to be used, the number of hours of labor required, and the appropriate mobilization charge. Some agencies or CPV Members may decide to provide a drawing(s) for their individual project. The Contractor(s) must take their own measurements and verify all specifications and conditions pertinent to the project in order to ensure its proper completion. Ignorance of site conditions will not be the basis for any change order request. RESPONSE TIME/COORDINATION OF WORK. Upon receipt of a purchase order, the Contractor shall contact the ordering entity where work is to be performed or materials to be delivered within seven (7) calendar days acknowledging the receipt of order and to schedule work start dates. In the event the ordering entity determines that expedited action is required, the Contractor shall respond within one (1) hour to the inquiry during business hours Monday through Friday, 7:30 a.m. to 4:00 p.m. Orders requiring expedited action will indicate “expedited action response required” on the purchase order. Response will include any necessary reconfiguration and replacement of failed parts to make the network fully operational. If after an installation date has been established and the ordering entity requires a delay in the work, the ordering entity may, without penalty, delay installation for a period mutually agreed upon by both parties. Once the project is started, work is to proceed on a continuous basis. Interruptions in finishing a project must be approved by the ordering entity. All products must be installed with a minimum of interruption to the normal business operation. All work will comply with the applicable national, state and local codes and regulations THE STATE OR CPV MEMBER’S RIGHT TO INSPECT AND REQUIRE WORK. Any work performed that is not in conformance with this solicitation, or the legal requirements governing the work, shall be subject to rejection. All rejected work shall be immediately corrected at the Contractor’s expense so as to conform to this solicitation. If the State, or its authorized representative, judge that the work being performed by the Contractor is not in strict conformance with this solicitation, the State or its authorized representative will have the right to order the work of the Contractor wholly or partially stopped or suspended until any nonconforming work has been corrected. Such stoppage or suspension will not invalidate or modify any terms of this Contract, and no extra compensation or reimbursement will be allowed to the Contractor by reason of such stoppage or suspension. SAFETY. The State agrees to furnish safe and free access to all areas of work covered by this Contract for the purpose of executing the terms of this Contract. The Contractor will take all reasonably necessary steps to provide for the safety of, and prevent damage, injury or loss to: a. All persons; b. The building and all other real or personal property at the work site; and c. All the equipment at the building, under the care, custody or control of the Contractor or any of its employees. Contract Release G-205(5) Page 7 of 13 The Contractor must promptly notify the State if, during the term of this agreement, the Contractor observes or otherwise learns of any condition which: a. In the Contractor’s judgment, poses a threat to the safety of persons or property; b. Adversely affects the equipment; or c. Is in violation of any applicable codes or regulations. REMOVED ITEMS/CLEAN-UP. The Contractor shall keep the premises and surrounding area free from accumulation of waste materials or rubbish caused by operations under the Contract. It will be the Contractor’s responsibility to legally dispose of all materials and supplies removed and/or used during the job. The site shall be returned to its original state prior to any work done against this Contract. The cost of cleanup performed by the State as a result of the Contractor’s failure to provide the cleanup required by this solicitation shall be deducted at the actual cost to the State from the Contract sum. DISPOSAL: The Contractor will be responsible for the disposal of waste materials and/or rubbish from the furnish and installation of the guardrail components under this Contract. Please see specifications below on page 10 for further information. WARRANTY AND MAINTENANCE. The Contractor warrants to the ordering State Agency or CPV member that materials and equipment furnished under the Contract will be of specified or superior quality and new, that the Work will be free from defects not inherent in the quality required or permitted, and that the Work will conform to the requirements of this RFP. Work not conforming to these requirements, including substitutions not properly approved and authorized, may be considered defective. The Contractor’s warranty excludes remedy for damage or defect caused by abuse, modifications not executed by the Contractor, improper or insufficient maintenance, improper operation, or normal wear and tear and normal usage. If requested, the Contractor shall furnish satisfactory evidence as to the kind and quality of materials and equipment used. All installation materials and labor shall be guaranteed for a period of one (1) year following the date of final acceptance. During the first year following acceptance, the Contractor shall, upon notification by the State Agency or CPV member of any malfunctions, make necessary repairs, including labor, travel, and materials, at the Contractor’s expense. Material damaged in installation must be replaced. DAMAGE. At its expense, the Contractor shall promptly remedy and repair all damage or loss to any property caused by the Contractor. The Contractor shall not be liable for any loss, delay, injury, or damage, whether direct or consequential, that may be caused by conditions beyond its control relating to acts of government, strikes, lockouts, fire explosion, theft, riot, civil commotion, war, malicious mischief, floods, or other acts unforeseen, or other situations beyond the Contractor’s control. The Contractor shall not be responsible for damage or loss attributable to the fault or negligence of the ordering entity. The Contractor shall not be held liable for back charges if the delay of response time is caused by strikes, any preference or priority allocation order issued by the government, or any unforeseeable cause beyond the Contractor’s control, or any cause the State determines justifies the delay. PAYMENT. All services provided must meet all terms, conditions, and specifications of the Contract and the ordering document and be accepted as satisfactory by the ordering entity before payment will be issued. The payment for the order will only be made after the project has been accepted as satisfactory by the ordering entity. Upon acceptance, an itemized invoice shall be promptly submitted to the ordering agency or CPV Member address indicated in the order documents or as otherwise directed in the order. Prior to final payment, the Contractor shall deliver an IC-134 “Withholding Affidavit for Contractor” – to the agency or CPV Member where the work was completed. The IC-134 must be approved by the Minnesota Department of Revenue prior to final payment. For instructions on filing an IC-134, click here. PREVAILING WAGE REQUIREMENTS. All State funded or partially State funded work against this contract is subject to the prevailing wage requirements pursuant to Minnesota Statutes 177.41 to 177.44 and corresponding Minnesota Rules 5200.1000 to 5200.1120 as established by the Minnesota Department of Labor and Industry. Specifically, all contractors and all tiers of subcontractors must pay all laborers and mechanics the established prevailing wages for work performed under the contract. Failure to comply with the aforementioned may result in civil or criminal penalties. Contract Release G-205(5) Page 8 of 13 Work under this contract includes but is not limited to Iron Workers and Laborers. See https://www.revisor.mn.gov/rules/?id=5200.1102 and https://www.revisor.mn.gov/rules/?id=5200.1100. The Contractor and Subcontractor shall furnish to the ordering entity all payrolls, of all workers on the project, via email as attachments, to the email address provided on the purchase order. If an email address is not included on the purchase order, contact the ordering entity to obtain the appropriate email address. The Contractor and Subcontractor must submit the State of Minnesota Prevailing Wage Payroll Report and Statement of Compliance Form within fourteen (14) days after the end of each pay period. The forms are available on the Office of State Procurement (OSP) website, under Step 3: Compliance Documents. No other payroll forms will be accepted to meet this requirement. The Contractor and Subcontractor must compete the Prevailing Wage Payroll Report in Microsoft Excel, and the Statement of Compliance in an Adobe PDF format. The subject line of the email must provide the company name, contract/purchase order number, and pay period ending dates. The Department of Labor and Industry has a web page with Frequently Asked Questions about prevailing wages here. For questions regarding the Prevailing Wage Laws, contact the Department of Labor and Industry at 651.284.5091. CPV REQUIREMENTS. CPV members are responsible to confirm if they are subject to rules, regulations, or ordinances which establish the prevailing wage rate as defined in Minn. Stat. § 177.42. If you have questions regarding the prevailing wage laws, contact the department of labor and industry at 651.284.5091. PREVAILING WAGE PAYROLL REPORTING FOR MnDOT. After receiving orders from MnDOT, Contractors are required to provide payroll information in the time frame specified by Statute and in the method specified by MnDOT below. To meet Minn. Stat. § 177.43 requirements, the Contractor and Subcontractor(s) shall submit payroll forms according to MnDOT (Office of Construction, Transportation Building, Mail Stop 650, 395 John Ireland Blvd., St. Paul, MN 55155-1899) requirements. All Contractors shall submit a payroll statement to the Department of Transportation, Minn. Stat. § 177.44, Subd. 7. The statement shall be submitted based on the Contractor’s payment schedule. If a Contractor pays its employees biweekly, a payroll statement shall be submitted biweekly (MnDOT Contract Administration Manual, Section .320). All Contractors shall pay its employees at least once every 15 days on a date designated in advance by the employer (Minn. Stat. § 181.10). Each Statement submitted shall include all employees that performed work under the contract and provide at a minimum the following information (Minn. Rules 5200.1106, Subpart 10 and Minn. Stat. § 177.30): 1. Contractor’s name, address, and telephone number. 2. State project number. 3. Payroll report number. 4. Project location. 5. Workweek ending date. 6. Name, social security number, and home address for each employee. 7. Labor classification(s) and/or three-digit code for each employee. 8. Hourly straight time and overtime wage rates paid to each employee. 9. Daily and weekly hours worked in each labor classification, including overtime hours for each employee. 10. Authorized legal deductions for each employee. 11. Project gross amount, weekly gross amount and net wages. Payroll records may be submitted in any form provided it includes all the information contained in Subpart A (1-11) of this section. However, Contractors needing a payroll form may utilize the “front side” of the U.S. Department of Labor’s, WH-347 Payroll Form. This form is available by visiting the Labor Compliance website. Contract Release G-205(5) Page 9 of 13 All payroll records must be accompanied with a completed and signed MnDOT 21658 – Statement of Compliance Form (Minn. Rules 5200.1106, Subpart 10). The prime contractor is responsible for assuring that its payroll records and those of all subcontractors include all employees that performed work under this contract and accurately reflect the hours worked, regular and overtime rates of pay and classification of work performed (Minn. Stat. § 177.30(1)(2)(3)(4)). The prime contractor is responsible to maintain all certified payroll records, including those of all subcontractors, throughout the course of a construction project and retain all records for a period of three years after the final contract voucher has been issued (Minn. Stat. § 177.30(4)). At the end of each pay period, each contractor shall provide every employee; in writing an accurate, detailed earnings statement (Minn. Stat. § 181.032). Upon request from the Minnesota Department of Labor and Industry (MN/DLI) or the Department of Transportation, the prime contractor shall promptly furnish copies of payroll records for its workers and those of all subcontractors, along with records, deemed appropriate by the requesting agency to determine compliance with these contract provisions (Minn. Stat. § 177.44, subd. 7 and Minn. Rules 5200.1106, Subpart 10). At the Department of Transportation’s discretion, the project engineer may administer the submission of payroll records according to MnDOT’s Payroll Maintenance Program. The guidelines for the implementation and administration of this program are outlined in the MnDOT Contract Administration Manual, Section A(4)(d). If, after written notice, the prime contractor fails to submit its payroll reports and certification forms and those of any subcontractor, the Department of Transportation may implement the actions prescribed in State Funded Construction Contracts Special Provisions Division A – Labor, Section XVI. NON-COMPLIANCE AND ENFORCEMENT available here. SPECIFICATIONS 1. SCOPE OF WORK 1.1. PURPOSE The purpose of this Contract is to furnish and installation of guardrail components by region for the Minnesota Department of Transportation (MnDOT) and Cooperative Purchasing Venture (CPV) members. 1.2. ADDITIONAL SERVICES OR CHANGE IN CONTRACT SERVICES The State reserves the right to add or delete services and/or products or to competitively bid additional services or products. The State reserves the right to participate in other contracts authorized by Minn. Stat. § 471.59 for procuring these goods and/or services that may be covered by the contracts. 2. GUARDRAIL COMPONENT SPECIFICATIONS 2.1. Exhibit D Price Schedule A Furnish Guardrail Components Only or Exhibit D Price Schedule B Furnish and Install Guardrail Components provide pricing for the following guardrail systems: 2.1.1. Road Systems FLEAT – wood and steel systems 2.1.2. Syro/Trinity SRT – wood and steel systems 2.1.3. Road Systems SKT – 350 – wood and steel systems 2.1.4. MnDOT Standard Plate Beam – wood and steel post systems 2.1.5. MnDOT Low Tension Cable Systems – with steel and wood posts 2.1.6. Syro/Trinity CAT 350 – crash cushion attenuating end terminals 2.1.7. MnDOT Thrie Beam Bull Nose guardrail systems 2.1.8. MnDOT Eccentric Loader Terminal 2.1.9. Road Systems Beat- BP – box beam system 2.1.10. Road Systems MSKT – tangent terminal 2.1.11. Syro/Trinity Soft Top – terminal 2.1.12. Australian Construction Products (ACP) Xtension – terminal and median attenuator systems 2.1.13. Universal Breakaway steel posts 2.1.14. Driveway Terminal Contract Release G-205(5) Page 10 of 13 2.1.15. Short Radius Guardrail at Intersection 2.1.16. Brifen Wire Rope Safety Fence TL-High Tension Coated Line Posts 2.1.17. Brifen WRGT-FL Coated Anchor Posts 2.1.18. Type 31 Trailing End Anchorage 2.1.19. Thrie Beam Bullnose 31” for Medians, Steel Post 2.1.20. MATT™ Median Attenuating Trend Terminal 2.1.21. MAX-Tension Median 2.1.22. MASH O-Post System & MASH Gating Terminal 2.1.23. MASH 16 TL-4 Cable Gibraltar Global 2.2. High Tension Cable Systems 2.2.1. Trinity Cass – TL-3 and TL-4 2.2.2. Brifen USA – TL-3 and TL-4 2.2.3. Gibraltar – TL-3 and TL-4 2.2.4. Marion/Nucor – TL-3 2.3. All guardrail components and the installation must comply with the Minnesota Department of Transportation Standard Specifications for Construction- 2025 Edition; MnDOT Standard Plates; MnDOT Standard Plans; MnDOT and Manufacturer details listed in Section 2.4 and referenced in the price schedules; MnDOT Facility Design Guide and MnDOT Design Scene Chapter 14 as applicable, all of which are incorporated into the Contract herein, by reference and may be accessed at the following locations: 2.3.1. The MnDOT Standard Specifications for Construction and Supplemental Specifications available here. 2.3.2. The MnDOT Standard Plates available here. 2.3.3. The MnDOT Standard Plans available here. 2.3.4. The MnDOT Facility Design Guide (fka Road Design Manual) available here. 2.3.5. The MnDOT Design Scene available here. 2.4. The following list of MnDOT Standard Plans and MnDOT and Manufacturer details related to Guardrail and Terminals are incorporated into the Contract herein, by reference. 2.4.1. 5-297.601 Guardrail/End Treatments Miscellaneous Details (4 sheets) 2.4.2. 5-297.603 W-Beam Transition to Concrete F-Shape Safety Rail With Approach Curb (Steel Post) 2.4.3. 5-297.605 W-Beam Transition to Concrete F-Shape Safety Rail With Approach Curb (Wood Post) 2.4.4. 5-297.607 W-Beam Transition to Concrete J-Shape Safety Rail With Approach Curb (Wood Post) 2.4.5. 5-297.608 Guardrail Transition to Glulam Timber Bridge Rail 2.4.6. 5-297.609 W-Beam Transition to Concrete End Post With or Without Approach Curb (Wood Post) (2 sheets) 2.4.7. 5-297.610 Concrete Barrier Wall Between Bridge Pier Columns 2.4.8. 5-297.611 Thrie Beam Bullnose Guardrail for Medians (6 sheets for various configurations and details) 2.4.9. 5-297.612 Proprietary End Terminal – Tangent for Type 31 Guardrail 2.4.10. 5-297.613 Proprietary End Terminal – Flared for Type 31 Guardrail 2.4.11. 5-297.616 Driveway Terminal (2 sheets) 2.4.12. 5-297.618 W-Beam Transition to Concrete J-Shape Safety Rail With Approach Curb (Steel Post) 2.4.13. 5-297.619 W-Beam Transition to Concrete End Post With or Without Approach Curb (Steel Post) (2 sheets) 2.4.14. 5-297,684 W-Beam Transition to Pier Columns Without Approach Curb (Steel Post) (2 Sheets) 2.4.15. 5-297.686 Box Beam Transition to Concrete F-Shape Barrier (3 sheets) 2.4.16. 5-297.688 High Tension Cable Barrier (HTCB) Median Placement, Overlap, Utility Crossings, and End Anchorage Systems (2 sheets) 2.4.17. 5-297.690 Traffic Barrier Type 31 Assembly Details 2.4.18. 5-297.692 Traffic Barrier Type 31 End Anchorage Assembly Details 2.4.19. 5-297.693 Approach Guardrail Transition (AGT) Type 31 at Vertical End Post (3 Sheets) 2.4.20. 5-297.694 Approach Guardrail Transition (AGT) Type 31 at Single Slope End Post (3 Sheets) 2.4.21. 5-297.695 Approach Guardrail Transition (AGT) Type 31 at F-Shape and J-Shape Barrier (4 sheets) 2.4.22. 5-297.696 Traffic Barrier Type 31 Low Fill/Long Span - Omitted Post Details 2.4.23. 5-297.697 Short Radius Guardrail at Intersections (2 sheets) 2.4.24. MnDOT MASH Bullnose Manual 2.4.25. MASH Evaluation of the Steep Post Trailing End Anchorage System Contract Release G-205(5) Page 11 of 13 2.4.26. MATT™ Median Attenuating Trend Terminal Product Manual 2.4.27. Brifen USA MASH O-Post System & MASH Gating Terminal Manual 2.4.28. MASH16 TL-4 Cable Gibraltar Global 2.5. Treated wood guardrail posts, blocks and spacers must be in accordance MnDOT Standard Specifications for Construction 2020 Edition, Specification 3413 and 3491 as applicable and must be treated with products on the MnDOT Approved Products List for treated wood and are incorporated into the Contract herein, by reference. 3. DISPOSAL The Contractor will be responsible for the disposal of waste materials and/or rubbish from the furnish and installation of the guardrail components under this Contract. 3.1. Treated Wood is defined as a wood impregnated with pesticides to delay decay. Wood treated with these chemicals cannot be disposed of in a demolition debris landfill. The following are disposal/recycling options for treated wood: 3.1.1. DISPOSAL All treated woods may be disposed of in any Minnesota Pollution Control Agency (MPCA) Permitted Mixed Municipal Landfill or MPCA Permitted Industrial Landfill that accept these wastes. 3.2. REUSABLE WOOD Reusable Wood is defined as wood that can be reused for its intended purpose. This does not include scrap, broken, rotted, or otherwise waste wood. Reusable treated wood can be transferred to others using the appropriate Transfer of Ownership form found here and are incorporated into the Contract herein, by reference. 4. TEMPORARY TRAFFIC CONTROL Applies to furnish and install guardrail contracts only. 4.1. The Minnesota Manual on Uniform Traffic Control Devices contains standards for traffic control devices that regulate warn, and guide road users along all roadways within the State of Minnesota and available online at the this link and are incorporated into the Contract herein, by reference. Information regarding requirements for flaggers and other safety measures for work along roadways within the State of Minnesota will be found in this manual. 4.2. Temporary traffic control must be quoted and invoiced as a separate line item when this classification of service is required. END OF SPECIFCATIONS Contract Release G-205(5) Page 12 of 13 SWIFT CONTRACT LINES. CONTRACT LINES: BRIFEN USA, INC. Contract No. 234382 – Furnish Only Guardrail Components LINES DESCRIPTION/ PRODUCT CATEGORY [LINE 1] Guardrail Components 46161508 CATEGORY LINES CATEGORY DESCRIPTION [LINE 1] 30100000 Structural components and basic shapes [LINE 2] 31150000 Rope and chain and cable and wire and strap [LINE 3] 31160000 Hardware > Manufacturing Components and supplies [LINE 4] 46161510 Gate barrier systems > Traffic Control CONTRACT LINES: ERICKSON INFRASTRUCTURE Contract No. 234383 – Furnish and Install Guardrail Components LINES DESCRIPTION/ PRODUCT CATEGORY [LINE 1] Furnish and Install Guardrail 72141000 CONTRACT LINES: H&R CONST CO. SWIFT Contract No. 234381 – Furnish Only Guardrail Components LINES DESCRIPTION/ PRODUCT CATEGORY [LINE 1] Guardrail Components 46161510 CATEGORY LINES CATEGORY DESCRIPTION [LINE 1] 30100000 Structural components and basic shapes [LINE 2] 31150000 Rope and chain and cable and wire and strap [LINE 3] 31160000 Hardware > Manufacturing Components and supplies [LINE 4] 46161510 Gate barrier systems > Traffic Control [LINE 5] 55121704 Safety Signs CONTRACT LINES: H&R CONST CO. SWIFT Contract No. 234381 – Furnish and Install Guardrail Components LINES DESCRIPTION/ PRODUCT CATEGORY [LINE 2] Furnish and Install Guardrail 72141000 Contract Release G-205(5) Page 13 of 13 REVISIONS: 6.04.2026 AMS/Buyer changed from Mandy Flum to Nicole Fuller. 8.19.2025 Brifen USA contract extended 12 months at the same prices, terms, and conditions. 8.13.2025 H&R Construction and Erickson Infrastructure contracts extended 12 months at the same prices, terms, and conditions. MnDOT Standard Specifications for Construction updated to 2025. 8.4.2025 Erickson Infrastructure certified Targeted Group (TG) contractor. Contract release updated. 5.5.2025 Brifen USA contact person updated. 3.31.2025 Updated links to MnDOT standard plates, standard plans and Facility Design Guide (fka Road Design Manual) in the specifications. 3.28.2025 H&R Construction and Erickson Infrastructure contracts amended to add equipment for MBEAT and MFLEAT terminal systems. 2.12.2025 Erickson Infrastructure contact person updated. 12.02.2024 Erickson Infrastructure TG/ED/VO certification expired. Contract release updated. 10.30.2024 H&R Construction added additional equipment for miscellaneous tools and added the X-Tension Terminal and X-Tension Median Attenuator System (X-MAS) equipment to both price schedules. 9.18.2024 Erickson Infrastructure contract extended 12 months. No changes to original pricing. Added additional guardrail equipment to furnish and install price schedule. 8.19.2024 Brifen USA contract extended 12 months. No changes to original pricing. Added additional guardrail equipment to furnish only price schedule. 8.09.2024 H&R Const Co. contract extended 12 months. No changes to original pricing. Added additional guardrail equipment to both furnish only and furnish and install price schedules. 8.09.2024 Manuals added to specifications under Item 2.4 for MnDOT MASH Bullnose, MASH Evaluation of the Steep Post Trailing End Anchorage System, Matt™ Attenuating Trend Terminal Product, Brifen USA MASH O-Post System & Gating Terminal, and MASH16 TL-4 Cable Gibraltar Global. Discontinued plans referenced in Item 2.3 “MnDOT Supplemental Specifications, September 2022 removed. 4.10.2024 Brifen USA updated price schedule to add equipment for wire rope safety fence and coated anchor posts. All other terms and conditions remain the same. 9.7.2023 Erickson Infrastructure added to contract release. City Council Agenda Cover Memo Date: August 18, 2026 Section: Consent Calendar Item Number: VII.J. Department: Public Works/Engineering – Patrick Sejkora, Water Resources Engineer ITEM DESCRIPTION Approve Professional Services Agreement with Stantec Consulting Group, Inc. for the Pond 05- 13-B Rehabilitation Project IC No. 25807 REQUESTED ACTION Move to: Approve Professional Services Agreement with Stantec Consulting Group, Inc. for the Pond 05-13-B Rehabilitation Project in the amount of $36,525. SUMMARY Pond 05-13-B is a dry pond located oﬀ North Manor Road that was originally constructed in 1988. The pond requires maintenance due to accumulated sediment and failing wooden retaining walls. The rehabilitation of 05-13-B will remove the accumulated sediment, replace the wooden retaining walls with lower maintenance and more durable block walls, and regrade the basin for better access from the roadway for future maintenance. Stantec’s scope includes design and permitting services. This project is funded by the City Stormwater Utility Fund. ATTACHMENT Professional Services Agreement (rev. 4/2026) Standard Agreement for Professional Services This Agreement for Professional Services (“Agreement”) is made on this 18th day of August, 2026, between the City of Eden Prairie, Minnesota, a municipal corporation (“City”), whose business address is 8080 Mitchell Road, Eden Prairie, MN 55344, and Stantec Consulting Services, Inc., a Minnesota Corporation (“Consultant”) whose business address is One Carlson Parkway North, Suite 100, Plymouth, MN 55447. 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 Pond 05-13-B Rehabilitation 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 (Letter Dated August 10, 2026) 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 August 18, 2026 through December 31, 2026 the date of signature by the parties notwithstanding. This Agreement may be extended upon the written mutual consent of the parties for such additional period as they deem appropriate, and upon the terms and conditions as herein stated. 3. Compensation for Services. City agrees to pay the Consultant on an hourly basis plus expenses in a total amount not to exceed $36,525.00 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 13 (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, pandemics, 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 13 (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 13 (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 13 (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 13 (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 13 (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 13 (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 13 (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 13 (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 13 (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 13 (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 13 (rev. 4/2026) EXHIBIT A Quote/Proposal/Scope of Services Stantec Consulting Services Inc. One Carlson Parkway North, Suite 100 August 10th, 2026 Patrick Sejkora City of Eden Prairie 8080 Mitchell Road Eden Prairie, MN 55344 Reference: Eden Prairie Manor Road Pond 05-13-B Dear Mr. Sejkora, Stantec is pleased to submit this proposal to provide design, permitting, and bidding assistance for maintenance and retrofit improvements to Pond 05-13-B. Stantec will work with the City to finalize the design, permitting, and bidding for the to support construction. Background Stantec previously completed a feasibility study evaluating alternatives to improve water quality and hydraulic performance at Pond 05-13-B. The pond is located along North Manor Road and has experienced sediment accumulation and reduced capacity since its construction in the 1980s. In addition, the existing retaining wall has degraded and requires replacement. The City of Eden Prairie has requested that Stantec advance the project into final design. Stantec will use the previous feasibility study to identify the preferred approach for final design and prepare plans, specifications, permitting materials, and quote assistance for the project. Scope of Work Task 1 – Project Management and Meetings Project management responsibilities include coordination and communication with the City water resources engineer as needed. This also includes preparation of project correspondence, invoices and internal Stantec coordination. Assumptions: • Stantec will meet with the City before beginning design to review the feasibility study alternatives and select the preferred improvements to advance into final design. Improvements will include wall replacement of the existing wood retaining wall with an 18-inch modular block wall, sediment removal, tree removal, and grading of the pond. August 1st, 2026 Patrick Sejkora Page 2 of 4 Reference: Manor Pond 05-13-B, City of Eden Prairie Task 2 – Design and Opinion of Probable Cost Stantec will use information collected during the feasibility study and conceptual alternatives analysis to complete the design, plans, specifications, permitting, and bidding documents for the project. The proposed improvements are anticipated to include sediment removal, grading, and retaining wall replacement. Sediment removal plans will identify the material to be removed from the basin to restore the pond to its original 1980s design condition. Stantec will use the sediment survey analysis completed in 2025 to evaluate sediment removal quantities within the basin. Testing completed as part of the feasibility study indicated that the sediment contains BaP and DRO concentrations exceeding 100 mg/kg. As a result, the material is expected to require special handling and disposal at an MPCA-permitted landfill. Stantec understands that the City has discussed the potential removal and replacement of boulevard trees to improve maintenance access for City staff. This will also provide additional area for pond storage and flood mitigation. The existing wood retaining wall is in poor condition and will be replaced with a modular 18-inch block retaining wall. Stantec will prepare 30% design plans for City review and comment. Based on City feedback, Stantec will advance the design to 60% and 90% plans and specifications. At the 90% design stage, Stantec will provide an engineering plan set, quote package, technical specifications, and an Engineer’s Opinion of Probable Cost for City review. After the 100% plans are approved, Stantec will assist the City with contractor selection for the retaining wall installation. Based on discussions with the City, this scope assumes City Public Works will complete excavation and sediment removal. Assumptions: • Stantec will meet with City and other parties to discuss 30% plans. • One meeting with City staff to review engineering 90% plans and quote package. • No additional sediment survey or material testing will be required. • No additional field survey will be provided. Deliverables: • Construction plans and specifications • Engineer’s Opinion of Probable Cost • Contractor selection assistance and pre-bid meeting support Task 3 – Permitting Stantec will provide watershed permitting assistance for the Manor Road Pond improvements. Based on discussions with the City, this scope assumes permitting through RPBCWD will include preparation and submittal of materials for Rule B, Floodplain Management and Drainage Alterations, and Rule C, Erosion August 1st, 2026 Patrick Sejkora Page 3 of 4 Reference: Manor Pond 05-13-B, City of Eden Prairie and Sediment Control. This scope also includes preparation of a memo and figure documenting proposed cut/fill conditions and confirming that no floodplain impacts are anticipated. Assumptions: • This scope only includes watershed permitting for Rule B and C. Deliverables: • Approved ESC permit • RPBCWD approval for Rule B floodplain management and drainage alterations • Cut/fill and floodplain impact memo Schedule Stantec assumes the project will begin in August 2026. Preliminary design and quantity estimates are anticipated to be provided to the City in October 2026. Following City review and final design approval, Stantec will prepare the quote package and associated design documents to support contractor selection for the retaining wall construction. Stantec will prepare an additional cost scope for construction oversight and surveying as a separate proposal before construction. Fee Estimate Our estimated fee to complete the identified scope of work is $36,525.00. Any anticipated changes to the scope that will affect the project fee will be communicated to the City before additional work is undertaken. We will invoice monthly for actual time and expense incurred. To execute this contract, please sign below. We thank you for this opportunity to present this proposal. Should you have any questions or need clarification of anything in the enclosed proposal, please do not hesitate to contact us. Task Description Cost 1 Project Management $6,824.00 2 Design and OPC Assistance $22,441.00 3 Permitting $7,060.00 Total $36,525.00 August 1st, 2026 Patrick Sejkora Page 4 of 4 Reference: Manor Pond 05-13-B, City of Eden Prairie Regards, STANTEC CONSULTING SERVICES INC. Nick Wyers Project Manager 952-838-5661 Nick.wyers@stantec.com Ben Otto Civil Engineer 612-286-2117 Ben.otto@stantec.com Attachment: None By signing this proposal, the City of Eden Prairie, MN authorizes Stantec to proceed with the services herein described. This proposal is accepted and agreed on (DATE):________________________________ Per: The City of Eden Prairie, MN Print Name & Title Signature City Council Agenda Cover Memo Date: August 18, 2026 Section: Consent Agenda Item Number: VII.K. Department: Public Works/Utilities Division – Andy Allmann, Utilities Field Operations Supervisor ITEM DESCRIPTION Award Contract to Water Conservation Services Inc. for a city-wide water system leak survey. REQUESTED ACTION Move To: Award Contract to Water Conservation Services Inc. for a city-wide water system leak survey for the price of $31,500. SUMMARY City staﬀ is recommending the City Council award the contract for a city-wide leak survey to Water Conservation Services Inc. for the price of $31,500. The Leak survey provides a means of detecting water leaks that are not visible or surfacing. Performing the leak survey reduces the cities unaccounted for water loss. ATTACHMENTS Contract (rev. 4/2026) Contract for Goods and Services This Contract for Goods and Services (“Contract”) is made on the _18th_day of August_, 2026_, between the City of Eden Prairie, Minnesota (“City”), whose business address is 8080 Mitchell Road, Eden Prairie, MN 55344, and _Water Conservation Services Inc._, a Minnesota _corporation_, (“Vendor”) whose business address is _6251 West Shadow Lake Drive, Lino Lakes, MN 55014_. . 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 _Performing a Water System Leak Survey of the entire water system_, hereinafter referred to as the “Work.” The City and Vendor agree as follows: Scope of Work. Term of Contract Compensation for Services. Method of Payment Staffing. Standard Contract for Goods and Services (rev. 4/2026) Page 2 of 10 accordance with the terms established herein. Vendor may not remove or replace the designated staff without the approval of the City. [STAFFING PROVISION REQUIRED ONLY FOR SERVICES] 6. Standard of Care. Vendor 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. 7. Insurance. a. General Liability. Vendor must 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 must provide City with a Certificate of Insurance verifying insurance coverage before providing service to the City. b. Worker's Compensation. Vendor must 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 must maintain comprehensive automobile liability insurance with a $1,000,000 combined single limit each accident (must include coverage for all owned, hired and non-owed vehicles.) 8. Indemnification. Vendor will defend and indemnify City, its officers, agents, and employees and hold them harmless from and against all judgments, claims, damages, costs and expenses, including a reasonable amount as and for its attorney’s fees paid, incurred or for which it may be liable resulting from any breach of this Contract by Vendor, its agents, contractors and employees, or any negligent or intentional act or omission performed, taken or not performed or taken by Vendor, its agents, contractors and employees, relative to this Contract. City will indemnify and hold Vendor harmless from and against any loss for injuries or damages arising out of the negligent acts of the City, its officers, agents or employees. 9. Warranty. The Vendor expressly warrants and guarantees to the City that all Work performed and all materials furnished 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 Vendor’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. 10. Termination. This Contract may be terminated by either party upon seven (7) days’ written notice delivered to the other party at the addresses written above. Upon termination under this provision if there is no fault of the Vendor, the Vendor will be paid for services rendered until the effective date of termination. Standard Contract for Goods and Services (rev. 4/2026) Page 3 of 10 11. Independent Contractor. At all times and for all purposes, the Vendor is an independent contractor and not an employee of the City. No statement herein may be construed so as to find the Vendor an employee of the City. 12. Subcontract or Assignment. Vendor may not subcontract any part of the services to be provided under this Contract; nor may Vendor assign this Contract, or any interest arising herein, without the prior written consent of the City. 13. ADA Title II Compliance for Digital Content. The following provisions apply only to the extent Vendor’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. Vendor 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 Vendor 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 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. General Terms And Conditions 14. Assignment. Neither party may assign this Contract, nor any interest arising under this Contract, without the written consent of the other party. 15. Compliance with Laws and Regulations. In providing services under this Contract, the Vendor 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 Standard Contract for Goods and Services (rev. 4/2026) Page 4 of 10 the services will constitute a material breach of this Contract and entitle the City to immediately terminate this Contract. 16. Conflicts. No salaried officer or employee of the City and no member of the Council of the City may have a financial interest, direct or indirect, in this Contract. The violation of this provision renders the Contract void. 17. Counterparts. This Contract may be executed in multiple counterparts, each of which will be considered an original. 18. 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. 19. Enforcement. The Vendor 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. 20. 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 effective only if set forth in a written document signed by both parties, unless otherwise expressly provided herein. 21. Governing Law. This Contract will be governed by the laws of the State of Minnesota. 22. Non-Discrimination. During the performance of this Contract, the Vendor 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 Vendor must post in places available to employees and applicants for employment notices setting forth the provision of this nondiscrimination clause and stating that all qualified applicants will receive consideration for employment. The Vendor 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 Vendor 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. 23. 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 Standard Contract for Goods and Services (rev. 4/2026) Page 5 of 10 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 one 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. 24. 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. 25. Services Not Provided For. No claim for services furnished by the Vendor not specifically provided for under this Contract will be honored by the City. 26. 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. 27. 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, 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 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 will comply with those requirements as if it were a government entity. All subcontracts entered into by Vendor in relation to this Contract must Standard Contract for Goods and Services (rev. 4/2026) Page 6 of 10 contain similar MGDPA compliance language. These obligations will survive the completion or termination of the Contract. 28.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. Standard Contract for Goods and Services (rev. 4/2026) Page 7 of 10 Executed as of the day and year first written above. CITY OF EDEN PRAIRIE __________________________________ Mayor ___________________________________ City Manager VENDOR By: ________________________________ Its: _______________________________ President July 22, 2026 City of Eden Prairie Andy Allmann, Utility Field Op. Supv. 14100 Technology Drive Eden Prairie, MN 55344-2260 Hi Andy, Attached is a proposal to perform a water leak survey of the water system in the City of Eden Prairie in 2026. WCS has been performing water leak surveys for over 27 years. Leak detection is not simply a matter of listening to every hydrant—water leaks produce distinct acoustic signatures that require experience and trained expertise to identify accurately. To date, our company has successfully located more than 27,000 water main breaks and completed over 2,000 system-wide surveys. This depth of experience, combined with our commitment to integrity and precision, ensures a thorough and reliable leak detection process. Following each survey, we collaborate directly with your water department to review and investigate identified “noisy” areas. Our team then pinpoints the exact locations of leaks and provides a comprehensive summary report outlining all findings. Our team includes four highly trained leak detection specialists who are available 24/7 to respond to emergency situations. Each technician is equipped with the industry-leading leak detection equipment to ensure accuracy and efficiency in the field. We take pride in delivering professional, thorough service and would greatly appreciate the opportunity to work with your city. If you have any questions regarding this proposal, please feel free to contact me. If everything looks good, let me know and we can schedule your survey at your convenience. Sincerely, Tony Schrantz Water Conservation Services, Inc. WATER LEAK SURVEY PROPOSAL 2026 EXHIBIT A Water Leak Survey Proposal for the City of Eden Prairie 2026 This is not a contract but a proposal for the City of Eden Prairie for the rendering of services for a Water System Survey. Below are the terms and conditions for the project. At the city’s discretion, they can elect to do all or a portion of each proposed section. Section I This section details the work to be performed by Water Conservation Services (WCS) as well as the City of Eden Prairie responsibilities for the project. Detailed and accurate maps showing all the *hydrant locations of the chosen project areas will be provided to Water Conservation Services (WCS) before any work is to be performed by WCS. It is the sole responsibility of the City of Eden Prairie to provide accurate maps and to specify what areas and hydrants are to be included in this project. The Water System Survey will include: 1.Listening to each hydrant in the area that is specified by the city, be it a Full, Half or Quarter System Survey. 2.Doing preliminary correlating in each area that is identified as having sounds of leakage. 3.A “Preliminary Water System Leak Report” will be sent to the city identifying the areas that have the possibility of leakage. WCS will need to have more specific information of curb stops, valves, and main line locations researched by the city for more accurate correlations to be performed later. Curb stops and valves must be exposed and accessible. 4.After the City has gathered all the pertinent information the city will set a date to meet with WCS to do the final correlations to pinpoint the areas of leakage. 5.A “Final Water System Leak Report” will then be sent to the city identifying all the locations of leakage that are currently on the system and need to be addressed for corrections. *For smaller systems, steps 3 - 5 may be completed on the same day negating the need for a “Preliminary Leak Report” or any rescheduling of extra trips to finish the project. Section II This section details the cost of having a water system survey performed. All prices are based on the total number of hydrants stated by the city. The City of Eden Prairie has stated that they have a total of 4500 Hydrants and 0 Valves/Curb Stops** to be included in the water system survey. All the numbers in this section will be reflected using the number of hydrants & valves stated by the city. Total cost of the water system survey is subject to change based on the city’s accuracy regarding the total number of hydrants to be surveyed during this project. Total cost of a water system survey = $31,500 * Hydrants that are found in the project area and not shown on the provided maps, will be sounded for leakage and an additional charge of $10 will be added to the agreed upon contract price for each additional hydrant. **Valves/Curb Stops will only be sounded when there are plastic main lines included in the project area. The city is required to have these valves on the plastic main lines exposed before the start of the proposed survey. Disclaimer: A system survey is a “snapshot in time” of a city’s water system. In no way, can a system survey predict or identify areas that will become an issue in the future. A system survey can only be used to identify areas that are currently a water loss issue that are unknown to the city at the time the system survey is performed. Submitted by: Tony Schrantz Owner/President Water Conservation Services, Inc. City Council Agenda Cover Memo Date: August 18, 2026 Section: Consent Calendar Item Number: VII.L. Department: Rick Getschow, City Manager ITEM DESCRIPTION Approval of Agreement with the National Research Center at Polco for the 2026 Community Survey. REQUESTED ACTION Move to: Approve Agreement with Policy Conﬂuence, Inc. (Polco) to conduct the 2026 Community Survey. SUMMARY The City conducts a Community Survey every other year in even numbered years. The National Research Center (NRC), now know as Polco, has conducted this survey on behalf of the City since 2014. The NRC has been conducting community feedback surveys for cities and counties for more than twenty years. The NRC can benchmark the 2026 survey data with comparable cities within a State or region, and also previous survey iterations. Similar to previous surveys, the NRC utilizes a mail in survey. NRC also provides an online version of the survey, allowing all residents an opportunity to complete the Quality of Life Survey. The timing of the survey will follow previous iterations. The surveys will be mailed in mid- November. The total cost of the survey in 2026, 2028, and 2030, including the Next Steps Workshop, is $38,200. For comparison, the cost of the 2020, 2022, and 2024 Community Survey was $35,400. In addition to presenting the survey results to the Council in March, the NRC will also conduct a Next Steps Workshop for the Council and staﬀ where the survey results will be used to create action steps. Attached is the Order Form/agreement with Polco for the survey work. Staﬀ recommends approval of the agreement. ATTACHMENTS Polco Order Form Page 1 of 8 Polco Order Form This Order Form (the “Order Form”) is entered into and made effective as of August 18, 2026 (“Effective Date”) by and between Policy Confluence, Inc., a Delaware corporation (“Polco” or “Company”), and the City of Eden Prairie, MN, a Minnesota municipal corporation, “Customer” “you” or “your”, and collectively with Polco the “Parties”) and shall remain in effect for the duration of the Initial Term as defined below and any Renewal Term (the “Te rm”) unless agreed otherwise explicitly and in writing between the Parties. This is a binding agreement by Custome r to purchase Polco’s subscription Services as set forth in the tables below and further de fined in this agreement. Each of the Services are governed by and incorporates the general terms and conditions set forth in this Orde r Form, the Enterprise Terms and Conditions (the “Ente rprise Te rms” found at https://info.polco.us/enterprise-terms), as amended below, and the Website Terms of Use (the “Website Terms” found at https://info.polco.us/eula) (each a “Supplement,” and collectively with this Order Form, the “Agreement”). In the event of any conflict or inconsistency between the provisions of (a) this Order Form, and (b) any other supplements, documents or policies refere nced in this Orde r Form or the Supplements, the governing order of precedence shall be: (i) this Order Form (ii) the Enterprise Terms (as amended by this Order Form); (iii) the Website Terms; and (iv) any othe r document incorporated herein by reference. Customer Information Polco Eden Prairie, MN 55344 Suite 203 952.949.8412 The Enterprise Terms are hereby amended as follows: 1. Section 6.3 is amended to add, after the word “Agreement”, the following: “and subject to the provisions of the Minnesota Government Data Practices Act, Minn. Stat. Ch. 13 (“MGDPA”). 2. Section 6.5 is amended in the first sentence to add the phrase “, including but not limited to the MGDPA” after “applicable law”. 3. Section 7.2 is amended to add the following new subsection (d) at the end of the se ction: “(d) Customer may terminate this Agreement, effective immediately upon written notice to Polco, if Polco breaches any of its obligations under Section 6 (Confidentiality). 4. Section 7.3(d) is revised in its entirety to read as follows: Page 2 of 8 “(d) if Polco terminates this Agreement pursuant to Section 7.2, Customer shall pay all Fees payable as of the date of Polco’s written notice of termination.” 5. Section 9.1 is amended as follows: (i) to revise the title of the section to be “Customer’s Indemnification”; and (ii) to delete “actual attorneys’ fees” in the first sentence and replace it with “reasonable attorneys’ fees”. 6. Section 9 is amended to add the following new Section 9.2: 9.2 Polco’s Indemnification. Polco shall indemnify, hold harmless and defend Customer and its elected officials, employees, agents, successors and assigns from and against any and all losses, liability, claims, damages, actions, penalties, costs, or e xpenses of whatever kind, including reasonable attorneys’ fees and the costs of enforcing any right to indemnification under this Agreement, arising out of or relating to (a) any actual or alleged infringement, misappropriation, or othe r violation of a third party's Intellectual Property Rights by Polco in connection with the Services provided to Customer; or (b) Polco’s breach of this Agreement. Polco shall inform Customer as soon as practicable of any claim or action alleging such infringement or unauthorized disclosure, and shall not se ttle any claim or action unless Customer consents to such se ttlement in writing. 7. Section 10.1 is amended as follows: (i) in the first sente nce, after the phrase “sole cost and expense”, to add the phrase “and subject to Polco’s obligation to indemnify Customer as provided in Section 9.2”; and (ii) to delete in its entire ty the final sentence of the section. 8. Section 11.1 is amended as follows: (i) to delete the phrase “IN NO EVENT WILL POLCO OR ANY OF ITS LICENSORS” and replace it with “IN NO EVENT WILL EITHER PARTY OR ANY OF THEIR LICENSORS”; (ii) to delete in its entirety item (c) (“(c) LOSS, DAMAGE, CORRUPTION OR RECOVERY OF DATA, OR BREACH OF DATA OR SYSTEM SECURITY”) and to renumber subsection (d) as item (c). 9. Section 11.2 is deleted in its entirety. 10. Section 13.9 is amended as follows: (i) by deleting both instances of the phrase “State of Wisconsin” and replacing them with “State of Minnesota”; and (ii) deleting “Dane County” and replacing it with “Hennepin County”. 11. The following new provisions are he reby added at the e nd of the Enterprise Agreement: 13.13. Compliance with Laws and Regulations. In providing Services hereunder, Polco shall abide by statutes, ordinances, rules, and regulations pertaining to the provisions of Services to be provided. Any violation of statutes, ordinances, rules and re gulations pertaining to the Services to be provided shall constitute a material breach of this Agreement and entitle Customer to immediately terminate this Agreement. 13.14. Conflicts. No salaried officer or employee of Customer and no member of the City Council of Custome r shall have a financial interest, dire ct or indirect, in this Agreement. The violation of this provision renders the Agreement void. 13.15. Non-Discrimination. During the performance of this Agreement, Polco shall not discriminate against any e mployee 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. Polco shall post in places available to employees and applicants for employment, notices setting forth the provision of this non-discrimination Page 3 of 8 clause and stating that all qualified applicants will receive consideration for employment. Polco 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. Polco further agre es to comply with all aspects of the Minnesota Human Rights Act, Minnesota Statutes 363A.01, et. seq., Title VI of the Civil Rights Act of 1964, and the Americans with Disabilities Act of 1990. 13.16. Services Not Provided For. No claim for services furnished by Polco not specifically provided for herein shall be honored by Custome r. 13.17. Statutory Provisions. (a) Audit Disclosure. Pursant to Minn. Stat. § 16C.05, subd. 5, the books, records, documents and accounting procedures and practices of Polco or othe r parties relevant to this Agreement are subject to examination by Customer and eithe r the Minne sota Legislative Auditor or the Minnesota State Auditor for a period of six (6) years after the effective date of this Agree ment. (b) Data Practices. This Agree ment is subject to the MGDPA. In accordance with Minn. Stat. § 13.05, subd. 11, to the extent this Agreement requires Polco to perform any function of the Customer, all government data, as defined in Minn. Stat. § 13.02, subd. 7, which is created, collected, re ceived, stored, used, maintained, or disseminated by Polco in performing any of the functions of the Customer during performance of this Agreement is subject to the requirements of the MGDPA and Polco will comply with those requirements as if it were a government entity. All subcontracts entered into by Polco in relation to this Agreement must contain similar MGDPA compliance language. These obligations will survive the completion or te rmination of the Agreement. Page 4 of 8 Subscription Fees Product Name Product Description Initial Term Unit Price ($USD) QTY (units) Fee Page 5 of 8 Engage + Custom Assess Module All Polco Engage features are available to you during your subscription term to engage with your target audiences. Respondents answer questions via Polco's civic surveying and engagement platform which includes real time results and the option to have respondents verified against voter lists. As participants respond they become part of your community's digital panel available for follow up questions, surveys, polls, and other engagement. Our , powered by our internal team of data and survey scientists, transforms collected data and stakeholder feedback into statistically representative assessments with insight-rich reporting and analytics. Our Survey Research team prepares the data for weighting to reflect the demographic profile of your community's residents, using quantitative techniques suited to the project and questions. Polco's researchers guide the development of up to a 5-page survey through an iterative process with 3 meetings and homework on each side to refine your information needs and priorities and develop appropriate survey questions to meet them. The survey includes a 6-week data collection window, adjustable based on your community's timeline and desired number of responses. During the last 2 open for all residents. The customer is responsible for advertising this survey, and its data will be kept separate from the scientific portion. Reporting includes high-level key findings as well as deep-dive analytics, with charts showing cross-tabulation by geographic area and respondent characteristics. Demographic dimensions include at minimum age, gender, income, and race. Raw data will also be made available. All data and reports undergo a thorough original data files, statistical analysis, and formatted output — ensuring accuracy and public trust in the results. ● ● 72-months $38,200 3 $38,200 Page 6 of 8 Custom Benchmark Comparisons In addition to the national benchmarks (included with The NCS Online reporting), Custom Benchmarks can be purchased to compare your results to custom cohorts such as communities within a state or region, with similar population sizes, with similar median household incomes, or a $1,500 Included 3 $1,500 Included which will be added to the Fees and paid by Customer, to the extent applicable. Estimated to be September 1, 2026 $38,200 upon kicking off the 2028 Eden Prairie Quality of Life Survey. Estimated to be September 1, 2028 $38,200 upon kicking off the 2030 Eden Prairie Quality of Life Survey. This Subscription will renew only upon mutually written agreement by both parties at the end of the initial Subscription Term for a duration of 72 months. You will be notified at least sixty (60) calendar days prior to the Subscription Renewal Date to provide positive consent for the renewal. Your subscription Services include access to the Services and Support as described above, which encompass training materials as well as access to technical support services for your Authorized Users. Technical support services are intended solely for technical product support and are not a substitute for proper training and education. The subscription includes an implementation and success period designed to ensure a smooth onboarding process and effective adoption of the Services. During this period, our team will work closely with your organization to provide tailored training, configuration assistance, and guidance to maximize the value of the Services for your specific needs. This implementation period aims to ensure the long-term success of your use of the Services. You acknowledge that you have read and understand Polco’s Privacy Policy (the “Privacy Policy” found at https://info.polco.us/privacy). Page 7 of 8 Compliance with Data Protection Laws. Each Party shall comply with all applicable data protection and privacy laws ("Data Protection Laws") governing its performance under this Agreement. Should applicable Data Protection Laws, whether existing at the start of the Term or becoming effective during the Term, mandate specific terms for the processing of Personal Data, the Parties shall execute any required amendments to this Agreement or enter into additional agreements, including but not limited to a Data Sharing Agreement, to ensure compliance. . Polco’s web platform will be operational and available to the Customer at least 99.5% of the time in any calendar month (the “Polco Application SLA”). Polco retains all rights, title, and interest in the Creative Materials and data developed or collected in connection with this Agreement. Creative Materials, including content, text, graphics, software, and other proprietary elements, are protected by intellectual property laws and may only be used by the Customer as specified herein. Similarly, all data generated by Polco remains its exclusive property, and may only be used by the Customer as specified herein. Similarly, all data generated by Polco remains its exclusive property, and Polco may use it for purposes such as platform improvement, research, and product development, including lawful disclosure to third parties as necessary. Upon termination of this Agreement, the Customer’s rights to use the Creative Materials end, while Polco retains ownership of both the Creative Materials and data. This Agreement, together with any other documents incorporated herein by reference, constitutes the sole and entire agreement of the Parties with respect to the subject matter of this Agreement and supersedes all prior and contemporaneous understandings, agreements, and representations and warranties, both written and oral, with respect to such subject matter. This Agreement and any amendments thereto may be executed simultaneously in two or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same agreement. The Parties may execute this Agreement and any amendment thereto in the form of an electronic record utilizing electronic signatures, as such terms are defined in the Electronic Signatures in Global and National Commerce Act (15 U.S.C. § 7001, et. seq.). Electronic signatures, or signatures transmitted electronically via PDF or similar file delivery method is legal, valid, and binding upon execution and delivery for all purposes and each shall have the same effect as an original signature. If any provision of this Agreement is deemed invalid, illegal, or unenforceable in any jurisdiction, such determination shall not affect the validity, legality, or enforceability of any other provision of this Agreement, nor shall it render such provision invalid or unenforceable in any other jurisdiction. The Parties shall, in good faith, negotiate to amend the Agreement to reflect their original intent as closely as possible in a mutually acceptable manner, ensuring the intended transactions are effectuated to the fullest extent permissible. The person agreeing to the terms and conditions of this Agreement states and affirms that they have the full authority of the Customer to enter into and execute this Agreement. ADA Title II Compliance for Digital Content. The following provisions apply only to the extent Contractor’s obligations under this Agre ement require it to produce content that will be posted on the City’s website or digital apps. a. . Contractor must e nsure 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). Page 8 of 8 b. . 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. . 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 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. IN WITNESS WHEREOF, CUSTOMER and POLICY CONFLUENCE, INC. have executed this Order Form as of the Effective Date: _______________________________________ _______________________________________ _______________________________________ _______________________________________ City Council Agenda Cover Memo Date: August 18, 2026 Section: Consent Calendar Item Number: VII.M. Department: Rick Clark, Facilities Manager, Administration ITEM DESCRIPTION Community Center Fire Panel Replacement REQUESTED ACTION Move to: Approve Standard Agreement for Contract Services with Twenty 4 Seven Fire and Security to replace the ﬁre panel system at the Community Center for a total cost of $36,980.00 SUMMARY The ﬁre panel system at the Community Center has recently experienced recurring panel errors and multiple persistent trouble alarms. While some components have already been replaced, replacement parts for the existing system are becoming increasingly diﬃcult to obtain, making repairs more challenging and costly. These ongoing issues have also resulted in frequent contractor service calls to diagnose and repair the system. Replacing the existing ﬁre panel system will include a new ﬁre alarm control panel and all associated ﬁeld devices throughout the building. The new system will provide improved reliability and will allow Facilities staﬀ to troubleshoot and complete many routine repairs in- house, reducing the need for contractor service calls and lowering ongoing maintenance costs. A 2nd Quote was obtained from Brothers Fire & Security in the amount of $68,118.28. Staﬀ recommends contracting with Twenty 4 Seven Fire for a total cost of $36,980.00 Funding for the replacement will come from Facilities Operating Budget. ATTACHMENTS Standard Agreement for Contract Services With Twenty 4 Seven Fire and Security City Council Agenda Cover Memo Date: August 18, 2026 Section: Consent Calendar Item Number: VII.N. Department: Rick Clark, Facilities Manager, Administration ITEM DESCRIPTION Purchase a Cenobot SP 50 autonomous cleaning vacuum. REQUESTED ACTION Move to: Approve Contract for Good and Services with Innovative Oﬃce Solutions for the purchase of a Cenobot SP 50 autonomous cleaning vacuum in the amount of $31,764.71. SUMMARY City Council previously approved a 36-month lease of the Cenobot SP 50 autonomous cleaning vacuum on July 14, 2026. Following approval, staﬀ and Innovative Oﬃce Solutions further reviewed the lease structure and determined that purchasing the unit outright provides more favorable terms and better long-term value to the City. The proposed lease would be ﬁnanced through a third-party leasing company rather than directly through the vendor. Purchasing the equipment allows the City to retain ownership and continue using the unit beyond the 36-month lease term without additional lease payments. The previously approved lease was $969.59 per month for 36 months, for a total of $34,905.24. Innovative Oﬃce Solutions has provided a purchase price of $31,764.71, resulting in a savings of $3,140.53 compared with the lease. Funding will come from the Facilities Operating Budget. ATTACHMENTS Contract for Good and Services with Innovative Oﬃce Solutions (rev. 4/2026) Contract for Goods and Services This Contract for Goods and Services (“Contract”) is made on the 18th day of August, 2026, between the City of Eden Prairie, Minnesota (“City”), whose business address is 8080 Mitchell Road, Eden Prairie, MN 55344, and Innovative Office Solutions, a Minnesota LLC, (“Vendor”) whose business address is 151 Cliff Road East, Burnsville, MN 55337. Preliminary Statement The City has adopted a policy regarding the selection and hiring of vendors to provide a variety of goods and/or services for the City. That policy requires that persons, firms or corporations providing such goods and/or services enter into written agreements with the City. The purpose of this Contract is to set forth the terms and conditions for the provision of goods and/or services by Vendor for the purchase of a Cenobot SP50 autonomous vacuum, 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 will not be in effect in any manner. 2. Term of Contract. All Work under this Contract must be provided, performed and/or completed by September 10th of 2026. 3. Compensation for Services. City agrees to pay the Vendor a fixed sum of $31,764.71 as full and complete payment for the goods, labor, materials and/or services rendered pursuant to this Contract and as described in Exhibit A. 4. Method of Payment. Vendor will prepare and submit to City, on a monthly basis, itemized invoices setting forth work performed under this Contract. Invoices submitted will be paid in the same manner as other claims made to the City. By making the claim for payment, the person making the claim is declaring that the account, claim, or demand is just and correct and that no part of it has been paid. 5. Staffing. The Vendor has designated to perform the Work. They will be assisted by other staff members as necessary to facilitate the completion of the Work in accordance with the terms established herein. Vendor may not remove or replace the designated staff without the approval of the City. [STAFFING PROVISION REQUIRED ONLY FOR SERVICES] Standard Contract for Goods and Services (rev. 4/2026) Page 2 of 8 6. Standard of Care. Vendor 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. 7. Insurance. a. General Liability. Vendor must 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 must provide City with a Certificate of Insurance verifying insurance coverage before providing service to the City. b. Worker's Compensation. Vendor must 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 must maintain comprehensive automobile liability insurance with a $1,000,000 combined single limit each accident (must include coverage for all owned, hired and non-owed vehicles.) 8. Indemnification. Vendor will defend and indemnify City, its officers, agents, and employees and hold them harmless from and against all judgments, claims, damages, costs and expenses, including a reasonable amount as and for its attorney’s fees paid, incurred or for which it may be liable resulting from any breach of this Contract by Vendor, its agents, contractors and employees, or any negligent or intentional act or omission performed, taken or not performed or taken by Vendor, its agents, contractors and employees, relative to this Contract. City will indemnify and hold Vendor harmless from and against any loss for injuries or damages arising out of the negligent acts of the City, its officers, agents or employees. 9. Warranty. The Vendor expressly warrants and guarantees to the City that all Work performed and all materials furnished 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 Vendor’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. 10. Termination. This Contract may be terminated by either party upon seven (7) days’ written notice delivered to the other party at the addresses written above. Upon termination under this provision if there is no fault of the Vendor, the Vendor will be paid for services rendered until the effective date of termination. 11. Independent Contractor. At all times and for all purposes, the Vendor is an independent contractor and not an employee of the City. No statement herein may be construed so as to find the Vendor an employee of the City. Standard Contract for Goods and Services (rev. 4/2026) Page 3 of 8 12. Subcontract or Assignment. Vendor may not subcontract any part of the services to be provided under this Contract; nor may Vendor assign this Contract, or any interest arising herein, without the prior written consent of the City. 13. ADA Title II Compliance for Digital Content. The following provisions apply only to the extent Vendor’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. Vendor 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 Vendor 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 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. General Terms And Conditions 14. Assignment. Neither party may assign this Contract, nor any interest arising under this Contract, without the written consent of the other party. 15. Compliance with Laws and Regulations. In providing services under this Contract, the Vendor 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. Standard Contract for Goods and Services (rev. 4/2026) Page 4 of 8 16. 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. 17. Counterparts. This Contract may be executed in multiple counterparts, each of which will be considered an original. 18. 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. 19. Enforcement. The Vendor 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. 20. 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 effective only if set forth in a written document signed by both parties, unless otherwise expressly provided herein. 21. Governing Law. This Contract will be governed by the laws of the State of Minnesota. 22. Non-Discrimination. During the performance of this Contract, the Vendor 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 Vendor must post in places available to employees and applicants for employment notices setting forth the provision of this nondiscrimination clause and stating that all qualified applicants will receive consideration for employment. The Vendor 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 Vendor 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. 23. 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 one hereof. Notices will be deemed effective on the earlier of the date of receipt or the Standard Contract for Goods and Services (rev. 4/2026) Page 5 of 8 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. 24. 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. 25. Services Not Provided For. No claim for services furnished by the Vendor not specifically provided for under this Contract will be honored by the City. 26. 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. 27. 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, 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 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 will comply with those requirements as if it were a government entity. All subcontracts entered into by Vendor in relation to this Contract must contain similar MGDPA compliance language. These obligations will survive the completion or termination of the Contract. Standard Contract for Goods and Services (rev. 4/2026) Page 6 of 8 28. 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. Standard Contract for Goods and Services (rev. 4/2026) Page 7 of 8 Executed as of the day and year first written above. CITY OF EDEN PRAIRIE __________________________________ Mayor ___________________________________ City Manager VENDOR By: ________________________________ Its: _______________________________ Standard Contract for Goods and Services (rev. 4/2026) Page 8 of 8 EXHIBIT A City Council Agenda Cover Memo Date: August 18, 2026 Section: Consent Calendar Item Number: VII.O. Department: Parks and Recreation – Keith Bartos, Park Maintenance Supervisor ITEM DESCRIPTION Award contract for the 2026 CIP fence projects. REQUESTED ACTION Move to: Award contract for the 2026 CIP fence projects to Dinius Fence LLC for $61,140.00 SUMMARY The Scope of this project is to remove and replace broken and aging fencing projects located at Franlo Park, Flying Cloud Fields, Round Lake Stadium, Wyndham Knolls Park, Rice Marsh Park and Cedar Hills Park. Funding for the rehabilitation of fencing comes from Capital Maintenance and Reinvestment under the parks and recreation. Quotes received from multiple vendors and Dinius Fence LLC is the lowest. ATTACHMENTS Form of contract and exhibit A (rev. 4/2026) Standard Agreement for Contract Services This Agreement for Contract Services (“Agreement”) is made on the 18th day of August, 2026, between the City of Eden Prairie, Minnesota (“City”), whose business address is 8080 Mitchell Road, Eden Prairie, MN 55344, and Dinius Fence, LLC, a Minnesota Company (“Contractor”) whose business address is 18291 Territorial Rd. #2, Maple Grove, MN 55369. 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 2026 Fence Projects located at Franlo Park, Flying Cloud Fields, Round Lake Stadium, Wyndham Knolls Park and Cedar Hills Park, 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 Agreement 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. Effective Date and Term of Agreement. This Agreement will become effective as of August 18th 2026. [The Agreement will continue for one (1) year thereafter, and automatically renew from year to year after expiration of said one year period except that this Agreement may be terminated at the end of any one (1) year period with sixty (60) days prior written notice from either party.] OR [The Work must be completed by November 15th, 2026. ] 3. Obligations of Contractor. Contractor must comply with the following obligations: a. Contractor will 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 Work. Standard Agreement for Contract Services (rev. 4/2026) Page 2 of 12 d. Contractor’s personnel must be neat appearing, wear a uniform and badge that clearly identifies them as a service Contractor, and abide by City’s no smoking policies. e. Contractor must honor the City’s request to reassign an employee for cause. Cause may include performance below acceptable standards or failure to present the necessary image or attitude, in the judgment of the owner, to present a first class operation. f. When necessary, Contractor’s personnel will be provided with keys or access cards to perform their work. Any lost keys or cards that result in rekeying a space or other cost to the City will be billed back to the Contractor. 4. City’s Obligations. City will do or provide to Contractor the following: a. Provide access to City properties as appropriate. b. Provide restroom facilities as appropriate. 5. Compensation for Services. City agrees to pay the Contractor a fixed sum of $61,140.00 OR [an hourly sum of $0, with total payments made in each one year period not to exceed 0 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 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. Contractor will be entitled to payment for its reasonable additional charges, if any, due to the delay. 6. Method of Payment. a. Contractor will prepare and submit to City, on a monthly basis, itemized invoices setting forth work performed under this Agreement. Invoices submitted will 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. Standard Agreement for Contract Services (rev. 4/2026) Page 3 of 12 7. Project Manager. 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 may be assisted by other staff members as necessary to facilitate the completion of the Work in accordance with the terms established herein. Contractor may not remove or replace the Project Manager without the approval of the City. 8. Standard of Care. Contractor 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 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 Agreement. Contractor will 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 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 $5,000 medical expense Standard Agreement for Contract Services (rev. 4/2026) Page 4 of 12 Comprehensive Automobile Liability $1,000,000 combined single limit each accident (shall include coverage for all owned, hired and non-owed vehicles.) Umbrella or Excess Liability $1,000,000 c. Commercial General Liability. The Commercial General Liability Policy 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 Agreement (including the tort liability of another assumed in a business Agreement). 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 Agreement. h. 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. 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. 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 Standard Agreement for Contract Services (rev. 4/2026) Page 5 of 12 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 Agreement) 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 Agreement for Contract Services (rev. 4/2026) Page 6 of 12 10. Indemnification. Contractor will defend and indemnify City, its officers, agents, and employees and hold them harmless from and against all judgments, claims, damages, costs and expenses, including a reasonable amount as and for its attorney’s fees paid, incurred or for which it may be liable resulting from any breach of this Agreement by Contractor, its agents, Contractors and employees, or any negligent or intentional act or omission performed, taken or not performed or taken by Contractor, its agents, Contractors and employees, relative to this Agreement. City will indemnify and hold Contractor harmless from and against any loss for injuries or damages arising out of the negligent acts of the City, its officers, agents or employees. 11. Warranty. The Contractor expressly warrants and guarantees to the City that all Work performed and all materials furnished will be in accord with the Agreement 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 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 will 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 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. 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. 12. 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. Contractor must ensure that all digital content, documents, materials, deliverables, and services produced under this Agreement Standard Agreement for Contract Services (rev. 4/2026) Page 7 of 12 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 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. 13. Termination. a. This Agreement may be terminated at any time by either party for breach or nonperformance 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”) must 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 will 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 will automatically terminate. b. Upon the termination of this Agreement, whether by expiration of the original or any extended term, or for any other reason, Contractor will have the right, within a reasonable time after such termination to remove from City’s premises any and all of Contractor’s equipment and other property. Except for liability resulting from acts or omissions of a party, arising, taken or omitted prior to such termination, the rights and obligations of each party resulting from this Agreement will cease upon such termination. Any prior liability of a party will 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 Standard Agreement for Contract Services (rev. 4/2026) Page 8 of 12 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 will terminate on the notice becoming effective. 14. 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 Agreement, 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. 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 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 Agreement and entitle the City to immediately terminate this Agreement. 18. Conflicts. No salaried officer or employee of the City and no member of the Council of the City 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. Standard Agreement for Contract Services (rev. 4/2026) Page 9 of 12 21. 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 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. 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 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 nondiscrimination 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 Agreement, 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. 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. Standard Agreement for Contract Services (rev. 4/2026) Page 10 of 12 27. Services Not Provided For. No claim for services furnished by the Contractor 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. 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, 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 Contractor to perform any function of the City, all government data, as defined in Minn. Stat. § 13.02, subd. 7, which is created, collected, received, stored, used, maintained, or disseminated by Contractor in performing any of the functions of the City during performance of this Agreement is subject to the requirements of the MGDPA and Contractor will comply with those requirements as if it were a government entity. All subcontracts entered into by Contractor 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. Executed as of the day and year first written above. CITY OF EDEN PRAIRIE Standard Agreement for Contract Services (rev. 4/2026) Page 12 of 12 EXHIBIT A Quote/Proposal/Scope of Work City Council Agenda Cover Memo Date: August 18, 2026 Section: Consent Calendar Item Number: VII.P. Department: Amy Markle, Parks and Recreation Department ITEM DESCRIPTION Approve Change Order #1 for additional building materials for the construction of the trail at the Cedar Hills Bike Park. REQUESTED ACTION Approve Change Order #1 for additional building materials for the construction of the trail at the Cedar Hills Bike Park in the amount of $49,950.00. SUMMARY The Cedar Hills Bike Park was approved with a general agreed upon concept. We are now able to construct an additional feature that wasn’t in the initial concept, and wall block will be needed to complete it, raising the budget. Also, the project needed additional backﬁll to properly construct the trails due to sandy soil and geo textile matting to manage any potential erosion, both materials have increased the overall project cost. ATTACHMENTS Change Order #1 Change Order Pathfinder Trail Building LLC Lead, Never Follow CHANGE ORDER DATE: 8/9/2026 219 Indian Trail S Afton MN 55001 buck@pathfindertrailbuilding.com EXPIRATION DATE 30 days TO Amy Markle City of Eden Prairie, Parks and Rec Dept. amarkle@edenprairiemn.gov SALESPERSON JOB PAYMENT TERMS DUE DATE Adam Buck Cedar Hills Bike Park – Start Hub QTY DESCRIPTION UNIT PRICE LINE TOTAL 56 Wall Block – Belgard Diamond Pro Block $775 per pallet $43,400.00 10 Geo Textile $175 per roll $1,750.00 16 Wall backfill material $300 $4,800.00 SUBTOTAL SALES TAX TOTAL $49,950.00 City Council Agenda Cover Memo Date: August 18, 2026 Section: Consent Calendar Item Number: VII.Q. Department: Matt Bourne, Parks and Natural Resources Manager ITEM DESCRIPTION Approve the amendment to the Professional Services Agreement with Houston Engineering for the completion of construction and easement documents for the City West Station trail connection. REQUESTED ACTION Approve the First Amendment to Standard Agreement for Professional Services with Houston Engineering, Inc. SUMMARY The City entered into an agreement with Houston Engineering to develop a feasibility study for a trail from the Roers Development project to the City West LRT Station. After the study was completed and a concept was created, it was submitted to the developer of the Roers project. As part of their Development Agreement, the contractor for the project is responsible for the construction of the trail, but the City would provide construction documents and the required easements. The original contract had a not to exceed amount of $12,000 and this amendment would change the scope of work to include the completion of construction and easement documents and increase the not to exceed amount to $28,345.28. ATTACHMENTS Attachment 1 – Amendment to Professional Services Agreement 1 First Amendment To Standard Agreement for Professional Services This First Amendment to Standard Agreement for Professional Services (Amendment) is made on the 18th day of August, 2026, between the City of Eden Prairie, Minnesota (hereinafter "City"), whose business address is 8080 Mitchell Road, Eden Prairie, MN 55344, and Houston Engineering, Inc., a Minnesota Cooperation (hereinafter "Consultant") whose business address is 7510 Market Place Drive, Eden Prairie, MN 55344. WHEREAS City and Consultant entered into a Standard Agreement for Professional Services on the 30th day of October, 2025 for the work described in Exhibit A thereto; and WHEREAS City and Consultant desire to amend paragraphs 1 and 3 of the Agreement relating to the Scope of Work and Compensation to be paid to the Consultant. NOW THEREFORE THE PARTIES AGREE AS FOLLOWS: 1. SCOPE OF Work: The Scope of Work identified in Paragraph 1, Exhibit A, is amended to include the following additional services: A. Design and construction documents for the following elements/areas; • 1-day Corridor topo survey for tree locations & grading verification + CAD drafting (included checking nearby property corners for easement preparation) • Temporary construction easement for UHG (executed to best of my knowledge) • Permanent trail easement for UHG (draft as final will be based on actual trail placement) • Construction documents including plan & profile with grading limits, civil details & removals/erosion control plans for Roers builder • General City coord for each of these requests above 2. Compensation for Services: Paragraph 3 is amended to state that the City agrees to pay the Consultant on an hourly basis plus expenses in a total amount not to exceed $28,345.28 for the services as described in Exhibit A as amended hereby. 3. Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be considered an original. 4. Entire Agreement. This Amendment constitutes the entire agreement between the parties with respect to the matter herein contained and all prior negotiations with respect to the subject matter herein contained are merged into and incorporated into this Amendment, and all prior documents and correspondence between the parties with respect to the subject matter herein contained (other than the Agreement) are superseded and of no further force or effect. 5. Binding. This Amendment shall be binding upon and unsure to the benefit of the parties hereto. 2 Executed as of the day and year first written above. CITY OF EDEN PRAIRIE __________________________________ Mayor ___________________________________ City Manager Houston Engineering, Inc. By: ________________________________ Its: _______________________________ City Council Agenda Cover Memo Date: Aug. 18, 2026 Section: Consent Calendar Item Number: VII.R. Department: Parks & Recreation – Karli Wittner, Forestry & Natural Resources Supervisor ITEM DESCRIPTION Remove buckthorn from Prairie Bluﬀ Conservation Area to use as match for Hennepin County Outdoor Heritage grant. REQUESTED ACTION Approve proposal and authorize entering a Contract for Goods and Services with Great River Greening for the Prairie Bluﬀ Phase 2 at an amount not to exceed $42,525. SUMMARY Hennepin County received Outdoor Heritage Funds through the Clean Water Land and Legacy Amendment and selected Prairie Bluﬀ Conservation Area as one of the project sites. The City worked with Hennepin County on a previous project at Prairie Bluﬀ in 2022, utilizing the same funding source. Hennepin County has the main contract with Great River Greening with bids coming back much higher than expected. The County inquired if the City could match their project with City funds to ﬁnish the buckthorn removal in southern part of the forest to keep the project on track. Hennepin County will fund the remaining management in the areas the City is removing. City staﬀ recommend including a 25% contingency on this contract to help cover any unforeseen costs. The City received two bids with the breakdown below: Vendor Total Cost: Great River Greening $42,525.00 Landbridge Ecological $56,674.80 ATTACHMENTS Attachment 1 – Standard Agreement for Goods and Services City of Eden Prairie with Hennepin County– Prairie Bluff Phase 2 Bid Request Bid Submission: Bids shall be submitted electronically to kwittner@edenprairiemn.gov before July 31, 2026, to be considered. Project Managers: Karli Wittner - kwittner@edenprairiemn.gov Nick Bither - Nicholas.Bither@Hennepin.us City of Eden Prairie Requirements for Contract Services Preliminary Statement The City has adopted a policy regarding the selection and hiring of contractors to provide a variety of services for City projects. That policy requires that persons, firms or corporations providing such services enter into written agreements with the City. The purpose of this Agreement is to set forth the terms and conditions for the provision of services by Contractor for the above ‘City of Eden Prairie with Hennepin County Prairie Bluff Phase 2 Bid Request’ hereinafter referred to as the "Work". The City and Contractor agree as follows: 1. Scope of Work. The Contractor agrees to provide, perform and complete all the provisions of the Work in accordance with attached Exhibit A. Any general or specific conditions, terms, agreements, consultant or industry proposal, or contract terms attached to or a part of Exhibit A are declined in full and, accordingly, are deleted and shall not be in effect in any manner. 2. Effective Date and Term of Agreement. This Agreement shall become effective as of the date both the City and Contractor sign the contract. The Agreement shall continue for one (1) year with the option of renewal from year to year except that this Agreement may be terminated at the end of any one (1) year period with sixty (60) days prior written notice from either party. 3. Obligations of Contractor. Contractor shall conform to the following obligations: a. Contractor shall provide the materials and services as set forth in Exhibit A. b. Contractor’s personnel must be neat appearing, wear a uniform and badge that clearly identifies them as a service contractor, and abide by City’s no smoking policies. c. Contractor must honor the City’s request to reassign an employee for cause. Cause may include performance below acceptable standards or failure to present the necessary image or attitude, in the judgment of the owner, to present a first class operation. 4. City’s Obligations. City will do or provide to Contractor the following: a. Provide access to City properties as appropriate. 5. Compensation for Services. City agrees to pay the Contractor a rate not to exceed $42,525.00 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 to the Contractor shall require prior written approval by an authorized representative of the City or by the City Council. The City will not pay additional compensation for services that do not have prior written authorization. b. If Contractor is delayed in performance due to any cause beyond its reasonable control, including but not limited to strikes, riots, fires, acts of God, governmental actions, actions of a third party, or actions or inactions of City, the time for performance shall be extended by a period of time lost by reason of the delay. Contractor will be entitled to payment for its reasonable additional charges, if any, due to the delay. 6. Method of Payment. a. Contractor shall prepare and submit to City, on a monthly basis, itemized invoices setting forth work performed under this Agreement. Invoices submitted shall be paid in the same manner as other claims made to the City. b. Claims. To receive any payment on this Agreement, the invoice or bill must include the following signed and dated statement: “I declare under penalty of perjury that this account, claim, or demand is just and correct and that no part of it has been paid.” c. No fuel surcharges or surcharges of any kind will be accepted nor will they be paid. 7. Project Manager. The Contractor shall designated a Project Manager and notify the City in writing of the identity of the Project Manager before starting work on the Project. The Project Manager shall be assisted by other staff members as necessary to facilitate the completion of the Work in accordance with the terms established herein. Contractor may not remove or replace the Project Manager without the approval of the City. 8. Standard of Care. Contractor shall exercise the same degree of care, skill and diligence in the performance of its services as is ordinarily exercised by members of the profession under similar circumstances in Hennepin County, Minnesota. Contractor shall be liable to the fullest extent permitted under applicable law, without limitation, for any injuries, loss, or damages proximately caused by Contractor's breach of this standard of care. Contractor shall put forth reasonable efforts to complete its duties in a timely manner. Contractor shall not be responsible for delays caused by factors beyond its control or that could not be reasonably foreseen at the time of execution of this Agreement. Contractor shall be responsible for costs, delays or damages arising from unreasonable delays in the performance of its duties. 9. Insurance. a. General Liability. Prior to starting the Work, Contractor shall procure, maintain and pay for such insurance as will protect against claims or loss which may arise out of operations by Contractor or by any subcontractor or by anyone employed by any of them or by anyone for whose acts any of them may be liable. Such insurance shall include, but not be limited to, minimum coverages and limits of liability specified in this Paragraph, or required by law. b. Contractor shall procure and maintain the following minimum insurance coverages and limits of liability for the Work: Worker’s Compensation Statutory Limits Employer’s Liability $500,000 each accident $500,000 disease policy limit $500,000 disease each employee Commercial General $1,000,000 property damage and bodily Liability injury per occurrence $2,000,000 general aggregate $2,000,000 Products – Completed Operations Aggregate $100,000 fire legal liability each occurrence $5,000 medical expense Comprehensive Automobile Liability $1,000,000 combined single limit each accident (shall include coverage for all owned, hired and non-owed vehicles.) Umbrella or Excess Liability $1,000,000 c. Commercial General Liability. The Commercial General Liability Policy shall be on ISO form CG 00 01 12 07 or CG 00 01 04 13, or the equivalent. Such insurance shall cover liability arising from premises, operations, independent contractors, products-completed operations, personal and advertising injury, and liability assumed under an insured contract (including the tort liability of another assumed in a business contract). There shall be no endorsement or modification of the Commercial General Liability form arising from pollution, explosion, collapse, underground property damage or work performed by subcontractors. d. Contractor shall maintain “stop gap” coverage if Contractor obtains Workers’ Compensation coverage from any state fund if Employer’s liability coverage is not available. e. All policies, except the Worker’s Compensation Policy, shall name the “City of Eden Prairie” as an additional insured. f. All policies, except the Worker’s Compensation Policy, Automobile Policy, and Professional Liability Policy, shall name the “City of Eden Prairie” as an additional insured including products and completed operations. g. All polices shall contain a waiver of subrogation in favor of the City. h. All General Liability policies, Automobile Liability policies, and Umbrella policies shall contain a waiver of subrogation in favor of the City. i. All polices, except the Worker’s Compensation Policy, shall insure the defense and indemnity obligations assumed by Contractor under this Agreement. j. Contractor agrees to maintain all coverage required herein throughout the term of the Agreement and for a minimum of two (2) years following City’s written acceptance of the Work. k. It shall be Contractor’s responsibility to pay any retention or deductible for the coverages required herein. l. All policies shall contain a provision or endorsement that coverages afforded thereunder shall not be cancelled or non-renewed or restrictive modifications added, without thirty (30) days’ prior notice to the City, except that if the cancellation or non-renewal is due to non-payment, the coverages may not be terminated or non-renewed without ten (10) days’ prior notice to the City. m. Contractor shall maintain in effect all insurance coverages required under this Paragraph at Contractor’s sole expense and with insurance companies licensed to do business in the state in Minnesota and having a current A.M. Best rating of no less than A-, unless specifically accepted by City in writing. n. A copy of the Contractor’s Certificate of Insurance which evidences the compliance with this Paragraph, must be filed with City prior to the start of Contractor’s Work. Upon request a copy of the Contractor’s insurance declaration page, Rider and/or Endorsement, as applicable shall be provided. Such documents evidencing Insurance shall be in a form acceptable to City and shall provide satisfactory evidence that Contractor has complied with all insurance requirements. Renewal certificates shall be provided to City prior to the expiration date of any of the required policies. City will not be obligated, however, to review such Certificate of Insurance, declaration page, Rider, Endorsement or certificates or other evidence of insurance, or to advise Contractor of any deficiencies in such documents and receipt thereof shall not relieve Contractor from, nor be deemed a waiver of, City’s right to enforce the terms of Contractor’s obligations hereunder. City reserves the right to examine any policy provided for under this paragraph. o. Effect of Contractor’s Failure to Provide Insurance. If Contractor fails to provide the specified insurance, then Contractor will defend, indemnify and hold harmless the City, the City's officials, agents and employees from any loss, claim, liability and expense (including reasonable attorney's fees and expenses of litigation) to the extent necessary to afford the same protection as would have been provided by the specified insurance. Except to the extent prohibited by law, this indemnity applies regardless of any strict liability or negligence attributable to the City (including sole negligence) and regardless of the extent to which the underlying occurrence (i.e., the event giving rise to a claim which would have been covered by the specified insurance) is attributable to the negligent or otherwise wrongful act or omission (including breach of contract) of Contractor, its subcontractors, agents, employees or delegates. Contractor agrees that this indemnity shall be construed and applied in favor of indemnification. Contractor also agrees that if applicable law limits or precludes any aspect of this indemnity, then the indemnity will be considered limited only to the extent necessary to comply with that applicable law. The stated indemnity continues until all applicable statutes of limitation have run. If a claim arises within the scope of the stated indemnity, the City may require Contractor to: i. Furnish and pay for a surety bond, satisfactory to the City, guaranteeing performance of the indemnity obligation; or ii. Furnish a written acceptance of tender of defense and indemnity from Contractor's insurance company. Contractor will take the action required by the City within fifteen (15) days of receiving notice from the City. 10. Indemnification. Contractor will defend and indemnify City, its officers, agents, and employees and hold them harmless from and against all judgments, claims, damages, costs and expenses, including a reasonable amount as and for its attorney’s fees paid, incurred or for which it may be liable resulting from any breach of this Agreement by Contractor, its agents, contractors and employees, or any negligent or intentional act or omission performed, taken or not performed or taken by Contractor, its agents, contractors and employees, relative to this Agreement. City will indemnify and hold Contractor harmless from and against any loss for injuries or damages arising out of the negligent acts of the City, its officers, agents or employees. 11. Warranty. The Contractor expressly warrants and guarantees to the City that all Work performed and all materials furnished shall be in accord with the Agreement and shall be free from defects in materials, workmanship, and operation which appear within a period of one year, or within such longer period as may be prescribed by law or in the terms of the Agreement, from the date of City’s written acceptance of the Work. The City’s rights under the Contractor’s warranty are not the City’s exclusive remedy. The City shall have all other remedies available under this Agreement, at law or in equity. Should any defects develop in the materials, workmanship or operation of the system within the specified period, upon notice from the City, the Contractor agrees, within ten (10) calendar days after receiving written notice and without expense to the City, to repair, replace and in general to perform all necessary corrective Work with regard to the defective or nonconforming Work or materials to the satisfaction of the City. THE FOREGOING SHALL NOT IN ANY MANNER LIMIT THE CITY’S REMEDY OR THE CONTRACTOR’S LIABILITY TO THOSE DEFECTS APPEARING WITHIN THE WARRANTY PERIOD. The Contractor agrees to perform the Work in a manner and at a time so as to minimize any damages sustained by the City and so as to not interfere with or in any way disrupt the operation of the City or the public. The corrective Work referred to above shall include without limitation, (a) the cost of removing the defective or nonconforming Work and materials from the site, (b) the cost of correcting all Work of other Contractors destroyed or damaged by defective or nonconforming Work and materials including the cost of removal of such damaged Work and materials form the site, and (c) the cost of correcting all damages to Work of other Contractors caused by the removal of the defective or nonconforming Work or materials. The Contractor shall post bonds to secure the warranties. 12. Termination. a. This Agreement may be terminated at any time by either party for breach or non-performance of any provision of this Agreement in accordance with the following. The party (“notifying party”) who desires to terminate this Agreement for breach or non-performance of the other party (“notified party”) shall give the notified party notice in writing of the notifying party’s desire to terminate this Agreement describing the breach or non-performance of this Agreement entitling it to do so. The notified party shall have five (5) days from the date of such notice to cure the breach or non- performance. Upon failure of the notified party to do so, this Agreement shall automatically terminate. b. Upon the termination of this Agreement, whether by expiration of the original or any extended term or terms hereof, or for any other reason, Contractor shall have the right, within a reasonable time after such termination to remove from City’s premises any and all of Contractor’s equipment and other property. Except for liability resulting from acts or omissions of a party, arising, taken or omitted prior to such termination, the rights and obligations of each party resulting from this Agreement shall cease upon such termination. Any prior liability of a party shall survive termination of this Agreement. c. In the event of dissolution, termination of existence, insolvency, appointment of a receiver, assignment for the benefit of creditors, or the commencement of any proceeding under any bankruptcy or insolvency law, or the service of any warrant, attachment, levy or similar process involving Contractor, City may, at its option in addition to any other remedy to which City may be entitled, immediately terminate this Agreement by notice to Contractor, in which event, this Agreement shall terminate on the notice becoming effective. 13. Independent Contractor. Contractor is an independent contractor engaged by City to perform the services described herein and as such (i) shall employ such persons as it shall deem necessary and appropriate for the performance of its obligations pursuant to this Agreement, who shall be employees, and under the direction, of Contractor and in no respect employees of City, and (ii) shall have no authority to employ persons, or make purchases of equipment on behalf of City, or otherwise bind or obligate City. No statement herein shall be construed so as to find the Contractor an employee of the City. 14. Mediation. Each dispute, claim or controversy arising from or related to this agreement shall be subject to mediation as a condition precedent to initiating arbitration or legal or equitable actions by either party. Unless the parties agree otherwise, the mediation shall be in accordance with the Commercial Mediation Procedures of the American Arbitration Association then currently in effect. A request for mediation shall be filed in writing with the American Arbitration Association and the other party. No arbitration or legal or equitable action may be instituted for a period of 90 days from the filing of the request for mediation unless a longer period of time is provided by agreement of the parties. Cost of mediation shall be shared equally between the parties. Mediation shall be held in the City of Eden Prairie unless another location is mutually agreed upon by the parties. The parties shall memorialize any agreement resulting from the mediation in a mediated settlement agreement, which agreement shall be enforceable as a settlement in any court having jurisdiction thereof. GENERAL TERMS AND CONDITIONS 15. Assignment. Neither party shall assign this Agreement, nor any interest arising herein, without the written consent of the other party. 16. Compliance with Laws and Regulations. In providing services hereunder, the Contractor shall abide by statutes, ordinances, rules, and regulations pertaining to the provisions of services to be provided. Any violation of statutes, ordinances, rules and regulations pertaining to the services to be provided shall constitute a material breach of this Agreement and entitle the City to immediately terminate this Agreement. 17. Conflicts. No salaried officer or employee of the City and no member of the Council of the City shall have a financial interest, direct or indirect, in this Agreement. The violation of this provision renders the Agreement void. 18. Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be considered an original. 19. Damages. In the event of a breach of this Agreement by the City, Contractor shall not be entitled to recover punitive, special or consequential damages or damages for loss of business. 20. Employees. Contractor agrees not to hire any employee or former employee of City and City agrees not to hire any employee or former employee of Contractor prior to termination of this Agreement and for one (1) year thereafter, without prior written consent of the former employer in each case. 21. Enforcement. The Contractor shall reimburse the City for all costs and expenses, including without limitation, attorneys' fees paid or incurred by the City in connection with the enforcement by the City during the term of this Agreement or thereafter of any of the rights or remedies of the City under this Agreement. 22. Entire Agreement, Construction, Application and Interpretation. This Agreement is in furtherance of the City’s public purpose mission and shall be construed, interpreted, and applied pursuant to and in conformance with the City's public purpose mission. The entire agreement of the parties is contained herein. This Agreement supersedes all oral agreements and negotiations between the parties relating to the subject matter hereof as well as any previous agreements presently in effect between the parties relating to the subject matter hereof. Any alterations, amendments, deletions, or waivers of the provisions of this Agreement shall be valid only when expressed in writing and duly signed by the parties, unless otherwise provided herein. 23. Governing Law. This Agreement shall be controlled by the laws of the State of Minnesota. 24. Non-Discrimination. During the performance of this Agreement, the Contractor shall not discriminate against any employee or applicants for employment because of race, color, creed, religion, national origin, sex, marital status, status with regard to public assistance, disability, sexual orientation or age. The Contractor shall post in places available to employees and applicants for employment, notices setting forth the provision of this non-discrimination clause and stating that all qualified applicants will receive consideration for employment. The Contractor shall incorporate the foregoing requirements of this paragraph in all of its subcontracts for program work, and will require all of its subcontractors for such work to incorporate such requirements in all subcontracts for program work. The Contractor further agrees to comply with all aspects of the Minnesota Human Rights Act, Minnesota Statutes 363.01, et. seq., Title VI of the Civil Rights Act of 1964, and the Americans with Disabilities Act of 1990. 25. Notice. Any notice required or permitted to be given by a party upon the other is given in accordance with this Agreement if it is directed to either party by delivering it personally to an officer of the party, or if mailed in a sealed wrapper by United States registered or certified mail, return receipt requested, postage prepaid, or if deposited cost paid with a nationally recognized, reputable overnight courier, properly addressed to the address listed on page 1 hereof. Notices shall be deemed effective on the earlier of the date of receipt or the date of mailing or deposit as aforesaid, provided, however, that if notice is given by mail or deposit, that the time for response to any notice by the other party shall commence to run one business day after any such mailing or deposit. A party may change its address for the service of notice by giving written notice of such change to the other party, in any manner above specified, 10 days prior to the effective date of such change. 26. Rights and Remedies. The duties and obligations imposed by this Agreement and the rights and remedies available thereunder shall be in addition to and not a limitation of any duties, obligations, rights and remedies otherwise imposed or available by law. 27. Services Not Provided For. No claim for services furnished by the Contractor not specifically provided for herein shall be honored by the City. 28. Severability. The provisions of this Agreement are severable. If any portion hereof is, for any reason, held by a court of competent jurisdiction to be contrary to law, such decision shall not affect the remaining provisions of this Agreement. 29. Statutory Provisions. a. Audit Disclosure. The books, records, documents and accounting procedures and practices of the Contractor or other parties relevant to this Agreement are subject to examination by the City and either the Legislative Auditor or the State Auditor for a period of six (6) years after the effective date of this Agreement. b. Data Practices. Any reports, information, or data in any form given to, or prepared or assembled by the Contractor under this Agreement which the City requests to be kept confidential, shall not be made available to any individual or organization without the City's prior written approval. This Agreement is subject to the Minnesota Government Data Practice Act, Minnesota Statutes Chapter 13 (Data Practices Act). All government data, as defined in the Data Practices Act Section 13.02, Subd 7, which is created, collected, received, stored, used, maintained, or disseminated by Contractor in performing any of the functions of the City during performance of this Agreement is subject to the requirements of the Data Practice Act and Contractor shall comply with those requirements as if it were a government entity. All subcontracts entered into by Contractor in relation to this Agreement shall contain similar Data Practices Act compliance language. 30. Waiver. Any waiver by either party of a breach of any provisions of this Agreement shall not affect, in any respect, the validity of the remainder of this Agreement. Executed as of the day and year first written above. CITY OF EDEN PRAIRIE __________________________________ Mayor ___________________________________ City Manager CONTRACTOR By: ________________________________ Its: _______________________________ Exhibit A 1 Purpose The purpose of these Special Terms and Conditions and Technical Specifications to establish additional terms and conditions for the procurement of forest and savanna restoration projects at Prairie Bluff Conservation Area for the City of Eden Prairie. 2 Scope of work PROJECT OVERVIEW: This document is amended from the original project advertised on contracted by Hennepin County. Acreage, project activities, and timeline are reduced. Do not refer to supporting information in original bidding documents. Management Units numbering was kept consistent between projects for clarity. Management Unit 1 and 4 will not appear in this contract. Reach out to Karli Wittner or Nick Bither for more information. KWittner@EdenPrairieMN.GOV Nicholas.Bither@Hennepin.us • Project is to enhance: o 2.5 acres savanna. o 3.8 acres of oak forest. o The project area includes native remnant plant communities, and protection of existing native plants and natural resources is paramount. • Primary activities will be the removal of pioneering woody species in all work areas, including initial cutting/treatment, suppression seeding, critical cutting, and follow-up treatment. • Total project area is 6.3 acres. • A map depicting the project areas is included with this solicitation. PROJECT AREA: Prairie Bluff Conservation Area. Owned and managed by the City of Eden Prairie. Prairie Bluff Conservation Area 10092 Indigo Drive Eden Prairie, MN 55347 Google Maps: https://maps.app.goo.gl/wKJrfRRG8LMqgWQQA Hennepin County Natural Resource Map: https://gis.hennepin.us/NaturalResources?C=462442.3983499999,4963048.06905&Z=5&B=stree ts&I=&L=&P=2811622330005&R= Management Areas: • Management Unit 2: 2.5 Acres o Enhancement of remnant native oak savanna/prairie with pioneering woody species. • Management Unit 3: 3.6 Acres o Oak forest to be enhanced. (See Maps for additional details) Bidders will complete a bid on the Scope of Work for the project areas. The Awardee will be contracted for work at all the project areas. Project Management and Communication Needs: • Contractor will appoint 1 primary Point of Contact (POC) to the Project within two days of receiving notice of Contract awarded. • The POC’s (or alternate) email, work phone, work cell, and name will be provided to the Hennepin County Project Manager within two days of Contract awarded. • The POC (or alternate) is required to attend one Pre-Con meeting prior to implementation with Hennepin County and City of Eden Prairie Staff. • The POC (or alternate) is required to attend any other scheduled coordination meetings (virtual or in person). • The POC (or alternate) must respond to project inquiries within 48 business hours. • The POC (or alternate) will provide Hennepin County Project Manager with a Daily Work Log for each day that the Contractor/POC conducts any work on the Project Area. • Daily Work Logs will include start and end of work times, project managers on site, description of completed work, upcoming tasks, delays, issues and a representative photo of work completed. Performance and Accountability: • Contractor is responsible for conducting activities per the deliverables schedule. • Payments are contingent upon meeting deliverables and providing documentation of progress. • If work is late, incomplete, or deficient, the contractor must submit a corrective action plan. Payment for any work that is late, incomplete, or deficient will be withheld until resolved. • Any changes in the scope, schedule, or cost must be communicated to City staff, submitted in writing, and approved by City before proceeding. Project Summary Management Unit 2 MU2 contains a remnant prairie, with some oak savanna near the forest edge. While native plant communities persist here, exclusion of fire has led to fire intolerant non-beneficial woody species establishing. These include buckthorn, Siberian elm, cedar, ash, prickly ash, honeysuckle, red oak, mulberry etc. Activities in this area will include the removal of all non-indigenous woody species and all non-oak pioneering tree species, with follow-up treatments and native grass interseeding. Total size of MU2 is 2.5 acres. Note this MUs is split into two sections on either side of MU3. Management Unit 3 MU3 contains the steeper swale/ravine with a much denser oak forest. This forest is a DNR identified Native Plant Community – Southern Dry-Mesic Pin-Oak – Bur Oak Woodland. Undesirable woody species have established in this area as well. Activities will include removal of all non-indigenous woody plants and other select undesirable woody species that would not typically be present in this forest type but have stablished due to lack of fire. Post-removal follow up management and seeding of native grasses will then occur. Total area is 3.8 acres. Project Access The project area is accessed via a six-stall parking area located at 10092 Indigo Dr. The google maps link provided above displays the exact location of this parking area. These spots may be reserved for contractor on working days. From the parking area, light machinery may utilize the paved trail that runs along the north side of the prairie, but no machinery may enter the prairie area. See Attachment 3 for access. 3 Project Tasks and Schedule *Section 4 for a complete list of activity specifications* Management Unit 2 – 2.5 Acres Objectives: MU2 occupies the edge of the property boundary and edge of the denser swale oak forest. It serves as a savanna transition between the prairie and forest. The primary objective in this MU is to remove and manage all non-oak pioneering tree species and all non-indigenous woody plants. The removal and management of buckthorn, cedar and other woody species will protect both the intact native prairie plant communities from encroachment, as well as the forest from further, deeper establishment of buckthorn. Buckthorn, Siberian elm, cedar, will all be removed. The few non-oak, mature, native trees present in this MU will be flagged by HC project manager to indicate if they will be saved or removed, with this information conveyed to contractor. Winter 2026/2027 – Woody removals Must occur after ground has frozen. All non oak woody species will be cut, including but not limited to cedar, buckthorn, Siberian elm, box elder, prickly ash, and ash. All pin and bur oaks will be protected. Cut stumps for all species except cedar will be treated immediately using triclopyr with indicator dye. All removals should be as close to the ground as possible, leaving a level stump height no greater than 2”. Contractor will pile all slash for burning in locations designated and flagged by the PM. No pile will be within the dripline of preserved trees or within areas with documented native understory plant populations. Pile burns will be conducted by the City. Winter 2026/2027 – Seeding Following the woody removals, broadcast buckthorn suppression mix over all areas where canopy was opened or where dense understory was thinned. Seeding will occur over snow after removal work is complete. See Work Specifications and Attachment 4 for details on seed mix. Contractor must notify PM of planned seeding date at least 2 days in advance. June 2027– Critical Cutting *As Needed Buckthorn and other target species resprouts will be cut when regrowth reaches 2’ in height. County PM will determine whether critical cutting is needed. Cut will occur as close to the ground level as possible leaving no more than 2” of stump height. Cut material will be slashed and scattered in place. Late September-November 2027 – Herbicide Application Targeted foliar spray of resprouts and new sprouts of buckthorn and other woody non-indigenous species after native plant dormancy but before buckthorn browning. Timing will be approved by HC PM. Management Unit 3 – 7.6 Acres Objectives: MU3 is the oak forest swale. The primary objective in this MU is to remove and manage buckthorn and other undesirable woody species that have established but would not historically have been present in a fire-adapted oak woodland. After the woody removals, a native rye (suppression) mix will be sown to discourage resprouts and build fuel for an eventual re-introduction of prescribed fire. Target species for complete removal in MU3 are buckthorn, Siberian elm, cedar, ash, boxelder, and any other identified non-indigenous woody plants. The following will also be removed: ash <8” DBH, boxelder <6” DBH. Prickly ash will be thinned where it forms continuous thickets exceeding 50% shrub-layer cover and is suppressing herbaceous ground layer. Winter 2026/2027 – Woody removals Target woody species will be removed using hand tools in the winter of 2026/2027. UTVs/ATVs may be used to transport equipment if terrain is not too sloped to support vehicles. All work must occur on frozen ground. Material will be piled and burned or slashed as outlined in Work Specifications. Woody Removal Target Species: Page 13 of 19 - Buckthorn - Siberian elm - All non-indigenous/non-native woody species - Cedar - Ash (less than 8 inch DBH) - Boxelder (less than 6 inch DBH) - Prickly ash stands (in any stands greater than 50%) Winter 2026/2027 – Seeding Following the woody removals, broadcast buckthorn suppression mix over all areas where canopy was opened or where dense understory was thinned. Seeding will occur over snow after removal work is complete. See Work Specifications and Attachment 4 for details on seed mix. Contractor must notify PM of planned seeding date at least 2 days in advance. June 2027 – Critical Cutting *As Needed* Buckthorn and other target species resprouts will be cut when regrowth reaches 2 feet in height. County PM will determine whether critical cutting is needed. Cut will occur as close to the ground level as possible leaving no more than 2” of stump height. Cut material will be slashed and scattered in place. Late September - November 2027 – Herbicide Application Buckthorn will be foliar treated in late fall, after native species have gone dormant and before buckthorn leaves have begun to brown. These conditions exist for a short period in the fall, and quick mobilization may be needed to complete work before conditions are lost. Low volume herbicide spot sprays are required and broadcast spraying is not allowed. High pressure herbicide pump with hand sprayers may be used. UTV access is limited, and backpack sprayers may be required in much of the area. Rutting is prohibited. Special care must be taken to avoid drift onto established native shrubs. Herbicide application timing must have prior approval from the Hennepin County project manager. 4 Work Specifications Existing Plant Community Protection This worksite contains remnant prairie and oak forest identified by the DNR as native plant communities. Protection of these existing plant communities is the highest priority of this project. As a result, the following protocols, along with standard non-target plant protective procedures, should be taken. • In general, protecting existing beneficial native plant communities on site takes precedence over removal of non-beneficial plants or other project objectives. Introducing new erosion, or seed (unintentionally) must be avoided. • No heavy machinery can be used anywhere on the project work area. Most tasks will need to be completed using hand tools such as chainsaws, whips, etc. Light equipment can be used in some areas as described above. Page 14 of 19 • All equipment, tools, and personal gear should be cleaned of soil, plant material, and seeds before entering site at the beginning of each workday to prevent introduction of new seed sources into work site. Whenever possible and to further reduce risk, equipment/tools should not arrive on site from another project area where they were utilized same day. • Work areas from the SOW map will be verified in person during a pre-con site walk with HC and city representatives. No work or equipment outside these boundaries without the permission of one of the above. • No broadcast herbicide is permitted in any work area. All herbicide applications will be targeted using a backpack sprayer or cut/stump methods. • All reasonable precautions should be taken to avoid herbicide drift. Contractor should use fan-tip nozzle with low pressure. No application with wind speeds >10mph is permitted. • Woody materials will be piled in as few piles as reasonably possible for burning. Piles will be located where indicated by county PM on level spots. Burn piles will not be located on identified native plant populations. • HC PM will be on site for all working days. City representatives may also regularly visit work area. Woody Removals and Burning • All woody removals must occur in winter after the ground has frozen and while plants are dormant. • Material over 1.5” DBH will be bucked/limbed and stacked to prepare for a burn (conducted by city staff. o Pile locations will be designated and flagged by the PM during a pre-cutting site walk. No pile shall be placed within the dripline of any preserved native tree or near any documented sensitive native understory plant population. o If scattered small non-oak trees need to be removed to create an ideal pile burn location, this is permitted. o Piles must be located on level ground. o Individual piles should not exceed 10’X10’X10’. • All materials under 1.5” DBH will be slashed and scattered evenly through the project area. o Slash materials will not exceed 1’ height from the ground and trunk lengths will be cut to 4 feet or less in length. o Slashed material must be mulched to a height of 1’ off the ground. Material may be pulled off the slope onto level areas of the project and burned if too much material exists to meet the 1’ specification. o Hand cut material that is not burned will be spread evenly in the area and perpendicular to the slope. Slash specifications noted above also apply to this activity. • All removals should be as close to the ground as possible, leaving a level stump height no greater than 2”. • All cut stumps, except cedar, above 1” DBH must be treated with triclopyr-based herbicide as soon as possible after cutting, and no more than 4 hours after the cut. An indicator dye must be used. Page 15 of 19 Herbicide Use • For all winter woody removals, a triclopyr based herbicide with blue indicator dye will be applied using a dauber or brush. • For fall foliar follow-up applications in MU 2 and MU3, a triclopyr-based formulation will be used. • For foliar treatments, low volume herbicide spot sprayers are required. Broadcast spraying is not allowed anywhere in the work area. • Contractor will provide herbicide labels for chemical being used to Project Manager before any application on the site. • The contractor will follow herbicide regulations stated on the label. • The contractor will deliver all herbicide application records to Project Manager by the end of each workday. Herbicide records must include all information needed as per State Statute. • Surfactants will be used in applicable herbicides to promote effectiveness. Seeding A suppression mix will be seeded • The suppression seed mix will be acquired by the contractor, using the seed mix provided in Attachment 4. Seeds must be from a source within 200 miles of project area. This mix will be used in the dormant seeding in areas of MU2 and MU3 where woody removals occurred with a goal of rapid establishment. For the purpose of estimating cost, it is assumed in the budget table and seed mix attachment that 50% of MU2 and MU3 will require seeding, for a total of 3.2 acres. This amount may be adjusted based on post-woody removal site assessment. • The contractor must notify the Hennepin County PM of the date and time of the seeding two business days before any seeding takes place. Hennepin County PM must approve the seeding before it is conducted. • No varieties or substitute species are allowed unless directed or approved by the PM. • The contractor will provide seed tags to the Hennepin County project manager immediately after work is completed. • Seeds should be sourced with an origin no more than 200 miles from the project location. 5 Project Schedule Timing MU2 MU3 Activity Winter 2026/2027 X X Woody Species Removal X X Suppression Mix Seeding June 2027 X X Critical Cutting (Contingent on Site Conditions) October/November 2027 X X Buckthorn Foliar Spray Page 16 of 19 6 Mitigation Table Management Task Mitigation Damage to non-Target Trees Contractor is responsible for notifying the Hennepin County project manager of all non-target trees over 8 Diameter Breast Height (DBH) that are damaged or killed by any work Seedlings contractor is responsible for notifying the Hennepin County project manager if groupings (larger than 25 square feet) of non-target species are damaged or killed by any work activity on site. The contractor may be responsible for cost of species replacement. Replacement could consist of site preparation, seeding, and planting. Species replacement will be completed at Seeding (50% or less) County project manager that the seeding will take place. The contractor must obtain approval from the Hennepin County project manager of the date and time of the seeding. For both the cover crop seeding and the suppression mix seeding, the contractor may be responsible for site preparation and re-seeding if 50% or less of seed germinates and the seeding is not conducted at the date and time approved by the Hennepin County project manager. Site preparation and re-seeding will be completed at the expense of the contractor. These corrective measures apply only to actions within the control of the contractor. If germination is poor due to weather or other unavoidable conditions, (late September – November). Buckthorn leaves should still be green without noticeable decay at time of application. If applications are unsuccessful (less than 50% noticeable effect on targets foliage), the contractor may be responsible for herbicide application preparation (critical cutting) and re-treatment. Application preparation and re-treatment will be application. Contractor will not be paid for additional hours for re-treatment within this time period. After re-inspection and confirmation of completeness by the County, payment Incomplete tasks must be remedied by the contractor. Incomplete work will be completed IMPORTANT NOTE: Any performance standard(s) not met, as determined by the City, shall require correction by Contractor. Method of correction will be discussed with and approved by the City in writing prior to implementation. Corrections shall be implemented by Contractor at Contractor’s expense until all performance standards are met. 7 Bidder Staff Requirements The Contractor’s Project Manager or senior staff are required to be on-site for the entire duration of the first day of work and the last day of work. The Contractor’s Project Manager or senior staff are required to provide updates to the project manager after every 48 hours of work to ensure quality checks on the work is being done. All herbicide applicators must have an up-to-date Commercial MN Pesticide Applicators License Category A and Category J. Attach staff’s proof of licensure to the bid. Page 17 of 19 Contractor working on the project must be able to identify tree and shrubs of Minnesota under leaf-off conditions (i.e., by bark, form buds), specifically species in applicable ecosystems. Contractors must obtain a valid open burn permit from the MN DNR or local authority and notify the local fire department before any pile burning of slash material. Contractor must comply with all current burn restrictions and statutes applicable to the project area at the time of the burning. OFFICIAL BID FORM *All site maps can be found in Exhibit B* Timing Activity Management Winter 2026/2027 $5,400 Contingency (25%) $ 8,505 Total Dollar Amount Awarded (To Be Filled OUT By City: Not to Exceed: $42,525 All of the costs above in orange must be completed by the Contractor in order for the bid to be valid. The contract will be awarded based on the lowest lump sum bid Contractor Contact Information Company Primary Company Company *Need to sign on next page and return entire document to complete bid* Page 18 of 19 1)COMMENCEMENT OF WORK, COMPLETION OF WORK, AND INVOICING 1.All work shall be completed by December 1, 2027 2.The Contractor will need to furnish the City with a list of all the sites indicating the date the site was worked on, the targeted plant(s), and the management activities completed with each invoice .A copy of the record of all pesticide/herbicide applications shall be submitted to the City. Submitting records with invoices is acceptable. 3.Invoicing for completed work shall not be submitted more frequently than on a monthly basis. 4.E- mail invoices to kwittner@edenprairiemn.gov 5.The undersigned, after having personally examined the plans, specifications, for the proposed work, hereby proposes to furnish all labor, materials, equipment, and service necessary for the work outlined in this contract. 6.The undersigned further agrees to fully complete all such work and to maintain the entire work in a proper and workman like manner until approved and accepted by the City’s Project Manager in accordance with this contract. 7.The undersigned further proposes to comply with all legal requirements of contractors on public property. 8.It is hereby agreed that the City of Eden Prairie has the right to reject this proposal or to award the work to the undersigned at the prices stipulated. The City of Eden Prairie also reserves the right to increase or decrease the quantity of work as indicated in the original proposal at any time. By signing below the contractor agrees to meet all requirements listed as conditions and specifications of this document, along with the ‘City of Eden Prairie Requirements for Contract Services’ found below. If the city accepts the proposed bid, a city representative will sign below and return to the company, making this a formal contract. Contractor signs at time of bid. _____________________________________________ Legal Name of Company _____________________________________________ Legal Address of Company By_______________________________ _________________________ Authorized Company Representative Date City fills out after accepting bid. Authorized By_________________________________________ _______________________ City of Eden Prairie Representative Date Contractor has the winning bid for this contract and can move forward with work as soon as a copy signed by the city is received. Page 19 of 19 Exhibit B: SITE MAPS & DESCRIPTIONS City Council Agenda Cover Memo Date: Aug. 18, 2026 Section: Consent Calendar Item Number: VII.S. Department: Parks & Recreation – Karli Wittner, Forest & Natural Resources Supervisor ITEM DESCRIPTION Change order for additional work to restore remnant prairie and manage vegetation along the paved trail at Richard T. Anderson (RTA) Conservation Area. REQUESTED ACTION Approve change order to current contract with Landbridge Ecological Services for the RTA Maintenance Trail Prairie Restoration at an amount not to exceed $50,000. SUMMARY The City received Environment and Natural Resources Trust Funds (ENRTF) as recommended by the Legislative-Citizen Commission on Minnesota Resources (LCCMR) to restore remnant prairie and construct a retaining wall along the paved trail connecting the upper and lower parking lots, referred to as the Maintenance Trail. Due to low bids received for the retaining wall portion of the project, City staﬀ propose using some of the additional budget to expand on the current project to manage invasive species and enhance the remnant prairie. The project includes additional encroaching woody removal, invasive species management, and revegetating the entire slope above the retaining wall. ATTACHMENTS Attachment 1 – Change Order City Council Agenda Cover Memo Date: August 18, 2026 Section: Consent Calendar Item Number: VII.T. Department: Matt Bourne, Parks and Natural Resources Manager ITEM DESCRIPTION Approve the Professional Services Agreement for construction administration with Houston Engineering for the Staring Lake Trail Bridge Replacement project. REQUESTED ACTION Approve the Standard Agreement for Professional Services with Houston Engineering, Inc. for construction administration for the Staring Lake Trail Bridge Replacement project in the amount not to exceed of $52,622.00. SUMMARY The bridges on the loop trail around Staring Lake have been scheduled for replacement for a number of years in order to provide a wider clearance for snow removal as well as upgrading the aging structures to reduce long term maintenance. The City entered into an agreement with Houston Engineering the end of 2024 to prepare construction documents for the bridge replacement. Bids were opened in July and staﬀ hopes to have construction start this fall. This agreement would provide survey work, engineered shop drawing review and other construction administration activities. 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 18th day of August, 2026, between the City of Eden Prairie, Minnesota, a municipal corporation (“City”), whose business address is 8080 Mitchell Road, Eden Prairie, MN 55344, and Houston Engineering, Inc., a Minnesota Corporation (“Consultant”) whose business address is 7510 Market Place Drive, Eden Prairie, MN 55344. Preliminary Statement The City has adopted a policy regarding the selection and hiring of consultants to provide a variety of professional services for City projects. That policy requires that persons, firms or corporations providing such services enter into written agreements with the City. The purpose of this Agreement is to set forth the terms and conditions for the provision of professional services by Consultant for the Staring Lake Trail Bridge Replacement 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 (Staring Lake Trail Bridge Replacement – Construction Administration Services) in connection with the Work. Exhibit A is intended to be the scope of service for the work of the Consultant. Any general or specific conditions, terms, agreements, consultant or industry proposal, or contract terms attached to or a part of Exhibit A are declined in full and, accordingly, are deleted and will not be in effect in any manner. 2. Term. The term of this Agreement will be from August 18, 2026 through the completion of the project the date of signature by the parties notwithstanding. This Agreement may be extended upon the written mutual consent of the parties for such additional period as they deem appropriate, and upon the terms and conditions as herein stated. 3. Compensation for Services. City agrees to pay the Consultant on an hourly basis plus expenses in a total amount not to exceed $52,622.00 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 13 (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 13 (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 13 (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 13 (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 13 (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 13 (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 13 (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 13 (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 13 (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 13 (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 13 (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 13 (rev. 4/2026) EXHIBIT A Quote/Proposal/Scope of Services Eden Prairie Office P 952.829.0700 7510 Market Place Drive | Eden Prairie, MN 55344 houstoneng.com August 6, 2026 Matthew Bourne Parks and Natural Resources Manager City of Eden Prairie 15150 Technology Drive Eden Prairie, MN 55344 Re: Staring Lake Trail Bridge Replacement - Construction Administration Services Dear Matthew, HEI is pleased to provide this proposal for Construction Administration civil engineering services for the above- mentioned project. The city received bids on July 16, 2026, and anticipates authorizing award of the construction contract at the August 18, 2026 council meeting. Construction is anticipated to start in Fall of 2026 with substantial completion by May 31, 2027 and final completion by August 1, 2027. Construction will be based on the plans and specifications developed by HEI dated 06/17/2026. SCOPE OF SERVICES We propose to provide the following services: 1. Construction Administration • Attend a preconstruction meeting • Communication and coordination with City / Contractor • Shop drawing review • Review of RFI and change requests • Pay Application review and coordination • Includes 20 hr/wk for 8 weeks of construction inspection (total = 160 hr) • Final Punchlist inspection • Preparation of As-Built drawings for storm sewer and watermain based on data from Contractor/City • Close out assistance and communication 2. Construction Survey Includes a one-time staking for the following items: • Establishing 1 site benchmark for each bridge • Limits of construction stakes • Silt fence and tree protection fence stakes • Pavement removal sawcut line stakes • Trail centerline subgrade stakes at 50’ intervals and critical grade breaks or transitions Assumptions • General grading staking is not included and assumed to be done by the contractor City of Eden Prairie – Staring Lake Trail CA Services August 6, 2026 Page 2 houstoneng.com COMPENSATION Compensation for those items described in the Scope of Services above are estimated as follows based on our standard fee schedule: TOTAL NOT-TO-EXCEED SUM $ 52,622 The work outlined in this proposal will be completed in a timely manner and will commence upon return of this accepted proposal or execution of a signed contract. We assume all work will be completed in 2027. If no other contract documents are executed, Houston Engineering’s receipt of this accepted proposal will constitute a contract between both parties into which, the enclosed Houston Engineering, Inc.’s General Terms and Conditions dated September 30, 2024, are hereby incorporated by reference. This proposal is valid for sixty (60) days. We appreciate this opportunity and look forward to the possibility of working with you on this project. Sincerely, HOUSTON ENGINEERING, INC. Gary Johnson, PE Aaron Carrell, PE Senior Project Manager Senior Project Manager - Principal Direct: 763.493.6699 Direct: 952.737.4065 gary.johnson@houstoneng.com acarrell@houstoneng.com Acceptance by: ________________________________________ Date: ____________________ City Council Agenda Cover Memo Date: August 18, 2026 Section: Consent Calendar Item Number: VII.U. Department: Matt Bourne, Parks and Natural Resources Manager ITEM DESCRIPTION Accept bids and award the contract to Sunram Construction, Inc. for the replacement of the two trail bridges along the Staring Lake loop trail. REQUESTED ACTION Approve the Construction Contract Agreement with Sunram Construction, Inc. for the Staring Lake Trail Bridge Replacement project in the amount of $411,106.00. SUMMARY The bridges on the loop trail around Staring Lake have been scheduled for replacement for a number of years in order to provide a wider clearance for snow removal as well as upgrading the aging structures to reduce long term maintenance. Staﬀ opened bids on July 16th and received bids from 7 companies, with the lowest coming from Sunram Construction, Inc. Their bid was below the engineers estimate and staﬀ recommends approval of the contract. ATTACHMENTS Attachment 1 – Construction Contract Agreement Attachment 2 – Summary of Bids Attachment 3 – Engineers Letter of Recommendation (rev. 4/2026) Construction Contract Agreement This Construction Contract Agreement (“Agreement”) is made and executed this 18th day of August, 2026, by and between the City of Eden Prairie, a Minnesota municipal corporation (“City”), and Sunram Construction, Inc., a Minnesota Corporation (“Contractor”). WITNESSETH: City and Contractor, for the consideration hereinafter stated, agrees as follows: 1. Contractor hereby covenants and agrees to perform and execute all the provisions of the Plans and Specifications prepared by the Public Works Department referred to in Paragraph IV, as provided by the City for: I.C. Staring Lake Trail Bridge Replacement Contractor further agrees to do everything required by this Agreement and the Contract Documents. 2. City agrees to pay and Contractor agrees to receive and accept payment in accordance with the prices bid for the unit or lump sum items as set forth in the Proposal Form attached hereto which prices conform to those in the accepted Contractor’s proposal on file in the office of the City Engineer. The aggregate sum of such prices, based on estimated required quantities is estimated to be $411,106.00. 3. Payments to Contractor by City shall be made as provided in the Contract Documents. 4. The Contract Documents consist of the following component parts: a. Legal and Procedural Documents (1) Advertisement for Bids (2) Instruction to Bidders (3) Accepted Proposal Form (4) This Construction Contract Agreement (5) Contractor’s Performance Bond (6) Contractor’s Payment Bond (7) Responsible Contractor Verification Form b. Special Conditions c. Detail Specifications d. General Conditions e. Plans f. Addenda, Supplemental Agreements, and Change Orders The Contract Documents are hereby incorporated with this Agreement and are as much a part of this Agreement as if fully set forth herein. This Agreement and the Contract Documents are the Contract. 5. Contractor agrees to fully and satisfactorily complete the work contemplated by this Agreement in accordance with the schedule provided in the Contract Documents. IN WITNESS WHEREOF, the parties to this Agreement executed this Agreement as of the date first above written. CITY OF EDEN PRAIRIE By: __________________________________ Its: Mayor By: __________________________________ Its: City Manager CONTRACTOR By: ___________________________________ Its: ___________________________________ SUMMARY OF BIDS City of Eden Prairie IC# 23101 PROJECT NAME: Staring Lake Trail Bridge Replacement BIDS OPENED: 07/16/26 CONSULTING ENGINEER: Houston Engineering, Inc. CHECKED BY: Houston Engineering, Inc. Bidder Bid Engineer’s Estimate $ 575,562.00 Sunram Construction, Inc. $411,106.00 Minger Construction Co. Inc. $433,400.00 Boulder Creek, Inc $479,156.00 Urban Companies $560,854.00 C. S. McCrossan Construction, Inc. $638,555.51 S.M. Hentges & Sons, Inc. $652,145.00 Peterson Companies $697,132.51 houstoneng.com Eden Prairie Office P 952.829.0700 7510 Market Place Drive | Eden Prairie, MN 55344 July 16, 2026 Matthew Bourne Parks and Natural Resources Manager City of Eden Prairie 15150 Technology Drive Eden Prairie, MN 55344 Re: Staring Lake Trail Bridge Replacement (I.C. 23101) Dear Matthew, Bids were received and opened at 10:00 am on Thursday, July 16, 2026 for the above-mentioned project. The bids are shown on the attached Summary of Bids. The low bidder, Sunram Construction, Inc., came in with a total bid of the following amount: Project Total: $ 411,106.00 Recommendation is made that the above-mentioned project is awarded to Sunram Construction, Inc. in the total amount of $411,106 for the project. This recommendation considers that the City reserves the right to waive minor irregularities and further reserves the right to award the contract in the best interests of the City. Sincerely, HOUSTON ENGINEERING, INC. Gary R. Johnson, PE Senior Project Manager Direct:763.493.6699 Gary.Johnson@houstoneng.com City Council Agenda Cover Memo Date: Section: Item Number: Department: ITEM DESCRIPTION Second Amendment to Communications Facilities License Agreement near 6233 Baker Road REQUESTED ACTION Move to: approve the Second Amendment to the Communications Facilities License Agreement. SUMMARY Verizon Wireless currently operates a Communications Facility mounted onto the Baker Road water tower, located south of Lifetime Fitness at 6233 Baker Road. The current License Agreement expires on August 31, 2026. Verizon Wireless has determined that they do not want to enter into a new license agreement at this location and have found a new site. However, they need additional time to construct the new equipment and decommission the current equipment on the Baker Road water tower. To facilitate this transition, Verizon is requesting a one (1) year extension to their current license agreement, commencing September 1, 2026 and expiring on August 31, 2027. A similar one year extension to the license agreement was reviewed and approved last year. Staff recommends approval of the Amendment. ATTACHMENTS Second Amendment to Communication Facilities License Agreement dated August 18, 2026 City Council Agenda Cover Memo Date: August 18, 2026 Section: Public Hearing Item Number: VIII.A. Department: Public Works/Engineering – Carter Schulze, City Engineer ITEM DESCRIPTION Public hearing and re-ordering the Dell Road Street and Utility Improvements. REQUESTED ACTION Move to: • Close the public hearing and; • Adopt resolution re-ordering improvements for the Dell Road Street and Utility Improvements (requires 4/5ths approval) SUMMARY The City Council authorized a feasibility study for street and utility improvements for Dell Road on March 15, 2022. The Feasibility Report was received by the City Council on November 14, 2022. Because the project includes special assessments, state law requires that the Council hold a public hearing before ordering the improvement based on the feasibility study. The Council held a public hearing on January 16, 2024 and adopted Resolution No. 2024-17 ordering the improvement. The Marshall property adjacent to Dell Road will soon develop, and it is advantageous to run that development and the road project concurrently. While originally planned to commence in Fall 2025 with the Marshall Gardens development, that project fell through and the road project was therefore delayed. Approval of a new development proposal for the Marshall property, Marshall Farms, is pending before the City and the road project is anticipated to commence in Fall 2026 in conjunction with that project. Due to the delay, a new public hearing with proper published notice and mailed notice to aﬀected residents and re-authorization of the project is necessary to meet statutory requirements for the special assessments. Plans and speciﬁcations have already been prepared and were approved by the Council in July 2025. The overall scope of the project has not changed signiﬁcantly since initial approval, and the estimated amount to be assessed against individual properties remains unchanged. The project has been advertised for bids, and bids are due on August 20, 2026. It is anticipated that the contract will be presented to the Council for approval at the September 1, 2026 meeting. Based on the Dell Road Feasibility Report, it is determined that the proposed improvements are feasible, cost eﬀective and necessary and the resulting beneﬁt will equal or exceed the proposed assessments to the abutting and beneﬁtting properties. It is therefore recommended that the City Council adopt the attached resolution and once again direct staﬀ to proceed with the project on a schedule that allows construction in 2026 and 2027. Since the City Council authorized the preparation of the Dell Road feasibility study without a petition, approval of the project will require a 4/5 majority vote. Financial Implications The total estimated project cost estimate is approximately $10 million. Primary funding for the project will be from Municipal State Aid funds, Special Assessments and City Utility funds as well as a state Local Road Improvement Project grant. ATTACHMENT Resolution City of Eden Prairie Hennepin County, Minnesota Resolution No. 2026–____ RESOLUTION RE-ORDERING IMPROVEMENTS FOR DELL ROAD IMPROVEMENT PROJECT WHEREAS, the Council held a public hearing on January 16, 2024 and ordered the following proposed improvements: I.C. 17-5990: Dell Road Street and Utility Improvements (the “Improvements”); and WHEREAS, due to delays in the project timeline, a new public hearing is required to meet the requirements of Minn. Stat. Ch. 429; WHEREAS, on August 18 2026, the Council held a new public hearing on the Improvements; WHEREAS, ten days’ mailed notice and two weeks’ published notice of the August 18, 2026 hearing was given, and all persons desiring to be heard were given an opportunity to be heard thereon; and WHEREAS, the Council previously approved plans and speciﬁcations for the Improvements and ordered the advertisement for bids in accordance with Minn. Stat. § 429.041; the scope of the project has not changed signiﬁcantly since that date; and copies of the plans and speciﬁcations are on ﬁle for public inspection in the City Engineer’s oﬃce. NOW, THEREFORE, BE IT RESOLVED: 1. The Improvements are necessary, cost-eﬀective, and feasible as detailed in the feasibility report. 2. The Improvements are hereby re-ordered. A contract must be awarded for the Improvements no later than two (2) years after the date of adoption of this Resolution. ADOPTED by the City Council of the City of Eden Prairie this 18th day of August, 2026. Ronald A. Case, Mayor ATTEST: David Teigland, City Clerk City Council Agenda Cover Memo Date: August 18, 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 320346 - 320435 Checks 5008941 - 5009938 Wire Transfers 12881 - 13005 Purchasing Card 12932 ATTACHMENTS Check Summary Check Register City of Eden Prairie Council Check Summary 8/18/2026 Division Amount Division Amount 000 General Total 68,010 304 Senior Board Total 956 100 City Manager Total 3,057 306 Federal Forfeiture Drugs Total 42,193 101 Legislative Total 30,523 308 E-911 Total 7,841 102 Legal Counsel Total 52,439 314 Special Investigations Total 76 110 City Clerk Total 494 315 Economic Development Total 1,798,393 111 Customer Service Total 2,640 502 Park Development Total 15,198 112 Human Resources Total 351 509 CIP Fund Total 290,543 113 Communications Total 19,427 512 CIP Trails Total 17,039 114 Benefits & Training Total 8,970 513 CIP Pavement Management Total 1,753,106 130 Assessing Total 29 526 Transportation Fund Total 16,869 131 Finance Total 2,974 541 Dell Rd (Crestwood to CSAH 61)6,776 132 Housing and Community Services Total 35,303 543 Police Remodel Total 1,273,736 133 Planning Total 11,628 Total Capital Projects Fund 5,222,725 136 Public Safety Communications Total 16,918 138 Community Development Admin. Total 723 601 Prairie Village Liquor Total 249,392 150 Park Administration Total 106 602 Den Road Liquor Total 531,742 151 Park Maintenance Total 141,328 603 Prairie View Liquor Total 308,915 153 Organized Athletics Total 1,055 605 Den Road Building Total 4,330 154 Community Center Total 48,520 701 Water Enterprise Fund Total 716,106 155 Beaches Total 340 702 Wastewater Enterprise Fund Total 960,863 156 Youth Programs Total 49,418 703 Stormwater Enterprise Fund Total 415,690 157 Special Events Total 59,729 Total Enterprise Fund 3,187,038 158 Senior Center Total 34,791 159 Recreation Administration Total 21,997 802 494 Commuter Services Total 340,728 160 Therapeutic Recreation Total 1,190 806 SAC Agency Fund Total 2,485 162 Arts Total 45,481 807 Benefits Fund Total 2,712,215 163 Outdoor Center Total 1,834 809 Investment Fund Total 7,121 164 Park Rental Facilities Total 240 810 Workers Comp Insurance Total 197,407 168 Art Center Total 9,957 811 Property Insurance Total 42,285 180 Police Sworn Total 95,616 812 Fleet Internal Service Total 170,085 182 Police Civilian Total 933 813 IT Internal Service Total 261,931 184 Fire Total 64,957 814 Facilities Capital ISF Total 22,562 186 Inspections Total 6,053 815 Facilities Operating ISF Total 227,038 200 Engineering Total 5,778 816 Facilities City Center ISF Total 125,696 201 Street Maintenance Total 155,529 817 Facilities Comm. Center ISF Total 191,241 202 Street Lighting Total 89,379 818 Dental Insurance Total 28,636 Total General Fund 1,087,716 820 Fencing Consortium Total 6,304 Total Internal Svc/Agency Funds 4,335,733 303 Cemetery Operation Total 8,602 321 Opioid Settlement Total 22,108 Report Total 13,911,115 322 Local Affordable Housing Aid Total 47,165 804 100 Year History Total 29 Total Special Revenue Fund 77,904 City of Eden PrairieCouncil Check Register 8/18/2026 Amount Vendor Account Description Business Unit Comments 958,999 BITUMINOUS ROADWAYS INC Pavement Rehab Streets Pavement Street Pavement Rehab 606,075 ALTERNATIVE BUSINESS FURNITURE INC OCS-Other Contracted Services Police Remodel Police renovation Furniture 489,548 HEALTHPARTNERS Premiums Health and Benefits August 2026 Premiums 479,062 HEALTHPARTNERS Premiums Health and Benefits July 2026 Premiums 463,169 CORRECTIVE ASPHALT MATERIALS LLC Surface Seal Streets Pavement 2026 Surface Seal Pay Estimate #1 457,593 PARAVEL TIF Payment TIF-Paravel/Castle Ridge 1st Half TIF Payment 428,155 FOBBE ELECTRIC INC OCS-Other Contracted Services Police Remodel Police Renovation 404,120 METROPOLITAN COUNCIL MCES User Fee Wastewater Collection Wastewater Fee MetCouncil July 2026 404,120 METROPOLITAN COUNCIL MCES User Fee Wastewater Collection Wastewater Fee MetCouncil Aug 2026 396,518 UKG INC Payroll Taxes Health and Benefits PR Period Ending 07.24.26389,599 UKG INC Payroll Taxes Health and Benefits PR Period Ending 07.10.26 342,283 TP ELEVATE LLC TIF Payment TIF-Elevate Apts 1st Half TIF Payment 306,659 JL THEIS Pavement Rehab Streets Pavement 2026 Overlay Contractor Curb Work 289,282 I 494 CORRIDOR COMMUTER SERVICES Fund Balance 494 Corridor Commission Transfer of Cash Balance287,027 AERG GTS PHASE 1 LLC TIF Payment TIF-Greco 1st Half TIF Payment 270,560 ELLIE MULTIFAMILY PROPERTY LLC TIF Payment TIF-Ellie Apartments 1st Half TIF Payment 262,103 BKJ LAND COMPANY Improvement Contracts Stormwater Capital BKJ - Plaza Drive construction 261,764 PUBLIC EMPLOYEES RETIREMENT ASSOCIATION PERA Health and Benefits PR Period Ending 07.10.26255,966 PUBLIC EMPLOYEES RETIREMENT ASSOCIATION PERA Health and Benefits PR Period Ending 06.26.26 197,407 LEAGUE MN CITIES INS TRUST WC Premiums Workers Comp Insurance Work Comp Premium 188,695 WEX Health Savings Account Health and Benefits HSA ER PPE 06.26.26 175,095 MINNESOTA DEPT OF REVENUE Sales Tax Various Funds Sales Tax July 2026 173,504 BLUUM OF MINNESOTA, LLC OCS-Other Contracted Services Police Remodel 2 endpoints PD remodel 159,427 RENEW TOWN CENTER TIF Payment TIF-Lincoln Parc Apts 1st Half TIF Payment 156,157 MINNESOTA DEPT OF REVENUE Sales Tax Various Funds Sales Tax June 2026 137,970 LOGIS OCS-Other Contracted Services Police Remodel EP center and PD core and switch replacements 136,929 WINDSOR PLAZA LLC TIF Payment TIF-Town Center-Windsor Plaza 1st Half TIF Payment 124,569 WATERS SENIOR LIVING TIF Payment TIF-Rolling Hills Sr Hsg 1st Half TIF Payment 105,989 USB-PURCHASING CARD Purchasing Card Various Funds Various Charges 103,850 KEYS WELL DRILLING COMPANY Improvement Contracts Water Capital Well 2 Rehab 82,430 LOGIS LOGIS IT Operating 80,700 XCEL ENERGY Electric Street Lighting 75,913 GRAYMONT Chemicals Water Treatment 74,930 UNITED GLASS, INC OCS-Other Contracted Services Police Remodel 63,081 XCEL ENERGY Electric Various Funds62,297 DIVERSE BUILDING MAINTENANCE Janitor Services Various Funds 60,024 JOHNSON BROTHERS LIQUOR CO Liquor Product Received Liquor Funds 58,806 COMPASS MINERALS AMERICA, INC Salt Snow & Ice Control 58,243 WSB & ASSOCIATES INC Design & Engineering Stormwater Capital51,635 GREGERSON ROSOW JOHNSON & NILAN LTD Legal Legal 49,176 ADVANCED ENGINEERING & ENVIROMENTAL SERV Process Control Services Wastewater Capital 49,113 BOSCH BUILDING TECHNOLOGIES LLC Computers Wastewater Capital 45,649 BREAKTHRU BEVERAGE MN BEER LLC Liquor Product Received Liquor Funds45,263 ADMIRAL COATINGS, INC OCS-Other Contracted Services Police Remodel 42,680 SONUS INTERIORS INC OCS-Other Contracted Services Police Remodel 41,813 GRAYMONT Chemicals Water Treatment 41,451 GRAYMONT Chemicals Water Treatment 38,431 SOUTH METRO PUBLIC SAFETY TRAINING FACIL OCS-Other Contracted Services Police/Fire 37,754 VOYA Deferred Compensation Health and Benefits 37,433 JOHNSON BROTHERS LIQUOR CO Liquor Product Received Liquor Funds 37,315 PROP OCS-Other Contracted Services Rental Assistance 36,212 VOYA Deferred Compensation Health and Benefits 36,124 BREAKTHRU BEVERAGE MN BEER LLC Liquor Product Received Liquor Funds 34,993 ALTERNATIVE BUSINESS FURNITURE INC Capital Under $25,000 Federal Forfeiture 34,615 BREAKTHRU BEVERAGE MN BEER LLC Liquor Product Received Liquor Funds 34,474 HULS BROKERAGE INC Lime Residual Removal Water Treatment 34,033 XCEL ENERGY Electric Various Funds 33,610 DIVERSE BUILDING MAINTENANCE Janitor Services Various Funds 32,220 ELECTRIC PUMP LLC Improvement Contracts Wastewater Capital 31,894 GUARDIAN FLEET SAFETY LLC Autos Fleet-Police30,182 WSB & ASSOCIATES INC OCS-Other Contracted Services Capital Maint. & Reinvestment Amount Vendor Account Description Business Unit Comments 29,050 MID-AMERICA BUSINESS SYSTEMS INC OCS-Other Contracted Services Police Remodel 28,550 MEDICINE LAKE TOURS Special Event Fees Trips 28,354 HOUSTON ENGINEERING INC OCS-Other Contracted Services Capital Maint. & Reinvestment 28,047 DREAMLAND CONTRACTING LLC Improvement Contracts Capital Maint. & Reinvestment 27,250 KEYS WELL DRILLING COMPANY Improvement Contracts Water Capital 27,227 JOHNSON BROTHERS LIQUOR CO Liquor Product Received Liquor Funds 27,089 SOUTHWEST SUBURBAN CABLE COMMISSION Dues & Subscriptions City Council 26,918 NCR PAYMENT SOLUTIONS,PA, LLC Credit Card/Bank Fees Liquor Funds 25,979 EXCEL LAWN & LANDSCAPE OCS-Lawn Maintenance City Center CAM 25,642 SOUTHERN GLAZER'S WINE AND SPIRITS OF MINNESOTA LLC Liquor Product Received Liquor Funds 25,086 BREAKTHRU BEVERAGE MN BEER LLC Liquor Product Received Liquor Funds 23,750 RES SPECIALTY PYROTECHNICS INC OCS-Other Contracted Services July 4th Celebration 23,425 KRAUS-ANDERSON CONSTRUCTION COMPANY OCS-Other Contracted Services Police Remodel 23,377 JOHNSON BROTHERS LIQUOR CO Liquor Product Received Liquor Funds22,732 RAINBOW TREECARE OCS-Other Contracted Services Tree Disease 22,169 SOUTHERN GLAZER'S WINE AND SPIRITS OF MINNESOTA LLC Liquor Product Received Liquor Funds 22,108 HENNEPIN COUNTY TREASURER OCS-Other Contracted Services Opioid Settlement 21,752 ICMA RETIREMENT TRUST-457 Deferred Compensation Health and Benefits20,802 AXON ENTERPRISE INC Hardware Maintenance IT Capital 20,751 ICMA RETIREMENT TRUST-457 Deferred Compensation Health and Benefits 20,504 MANSFIELD OIL COMPANY Motor Fuel Fleet Operating 20,181 WEX Health Savings Account Health and Benefits19,965 GOOSE CREW LLC OCS-Other Contracted Services Stormwater Non-Capital 19,531 WEX Health Savings Account Health and Benefits 19,321 WEX Health Savings Account Health and Benefits 19,175 CD3 GENERAL BENEFIT CORPORATION OCS-Equipment/Vehicles Stormwater Non-Capital 18,838 MANSFIELD OIL COMPANY Motor Fuel Fleet Operating 18,795 GRI EDEN PRAIRIE, LLC Rent Prairie Village Liquor 18,714 SOUTHERN GLAZER'S WINE AND SPIRITS OF MINNESOTA LLC Liquor Product Received Liquor Funds 18,421 BREAKTHRU BEVERAGE MN BEER LLC Liquor Product Received Liquor Funds 18,318 WEIDNER PLUMBING & HEATING CO OCS-HVAC City Center CAM 18,189 VAN PAPER COMPANY Cleaning Supplies City Center CAM 18,000 BADGER STATE INSPECTION LLC Improvement Contracts Water Capital 17,960 MINNESOTA ROADWAYS CO OCS-Asphalt/Concrete General Community Center 17,849 PRAIRIEVIEW STATION LLC Rent Prairie View Liquor 17,668 JOHNSON BROTHERS LIQUOR CO Liquor Product Received Liquor Funds 17,566 LEAGUE MN CITIES INS TRUST Insurance Property Insurance 17,400 CARD CONNECT Credit Card/Bank Fees Community Center Admin 17,289 WATERFRONT RESTORATION LLC OCS-Other Contracted Services Stormwater Non-Capital17,112 XCEL ENERGY Electric Various Funds 17,035 CAPITOL BEVERAGE SALES LP Liquor Product Received Liquor Funds 17,003 GRAYMONT Chemicals Water Treatment 16,633 MACQUEEN EQUIPMENT INC OCS-Equipment/Vehicles Fleet Operating16,522 GRAYMONT Chemicals Water Treatment 16,360 CAPITOL BEVERAGE SALES LP Liquor Product Received Liquor Funds 16,354 SIR LINES-A-LOT Contracted Striping Traffic Signs 16,162 CARD CONNECT Credit Card/Bank Fees Community Center Admin16,017 LEAGUE MN CITIES INS TRUST Insurance Property Insurance 15,751 BRIDGEWATER BANK TIF Payment TIF-Trail Point Ridge 15,410 SOUTHERN GLAZER'S WINE AND SPIRITS OF MINNESOTA LLC Liquor Product Received Liquor Funds 15,347 BIFFS INC Waste Disposal Park Maintenance 15,256 PAYCHEX Wages and Benefits 494 Corridor Commission 15,256 PAYCHEX Wages and Benefits 494 Corridor Commission 14,990 JOHNSON COMPANIES LLC OCS-Other Contracted Services Capital Maint. & Reinvestment 14,850 CENTERPOINT ENERGY Gas General Community Center 14,616 NATIVE RESOURCE PRESERVATION Landscape Materials Tree Replacement Fund 14,467 SOUTHERN GLAZER'S WINE AND SPIRITS OF MINNESOTA LLC Liquor Product Received Liquor Funds 14,465 METROPOLITAN MECHANICAL CONTRACTORS OCS-HVAC General Community Center 14,416 LANDBRIDGE ECOLOGICAL OCS-Other Contracted Services Capital Maint. & Reinvestment 14,399 HOOTSUITE OCS-Other Contracted Services Communications14,236 UKG INC MN Paid Medical/Leave Liability Health and Benefits 14,223 BADGER METER Telephone Water Metering 14,108 UKG INC MN Paid Medical/Leave Liability Health and Benefits 13,991 CAPITOL BEVERAGE SALES LP Liquor Product Received Liquor Funds13,680 HAWKINS INC Chemicals Water Treatment Amount Vendor Account Description Business Unit Comments 13,481 TARGETSOLUTIONS LEARNING, LLC Software Maintenance IT Operating 13,254 ARTISAN BEER COMPANY Liquor Product Received Liquor Funds 13,173 SUMMIT FIRE PROTECTION OCS-Equipment/Vehicles Water Treatment 12,368 GUARDIAN FLEET SAFETY LLC Autos Fleet-Police 12,250 ABM INDUSTRY GROUPS, LLC Janitor Services City Hall 12,132 CAPITOL BEVERAGE SALES LP Liquor Product Received Liquor Funds 12,096 PAUSTIS & SONS COMPANY Liquor Product Received Liquor Funds 12,000 KDP FIRE LLC Conference/Training Fire 11,889 CHASE Credit Card/Bank Fees Various Funds 11,870 HAWKINS INC Chemicals Water Treatment 11,761 PRECISION UTILITIES OCS-Other Contracted Services Water Distribution 11,751 HAWKINS INC Chemicals Water Treatment 11,178 STANTEC CONSULTING SERVICES INC OCS-Other Contracted Services Planning 11,000 PROP OCS-Other Contracted Services Housing and Community Services10,806 CAREFREE SERVICES INC Sweeping Stormwater Non-Capital 10,762 BOLTON & MENK INC Design & Engineering Stormwater Non-Capital 10,732 EBERT CONSTRUCTION OCS-Other Contracted Services Police Remodel 10,455 BREAKTHRU BEVERAGE MN WINE & SPIRITS Liquor Product Received Liquor Funds10,350 HAMMER COMMUNITY SOLAR LLC Electric Facilities Operating 10,318 PHILLIPS WINE AND SPIRITS INC Liquor Product Received Liquor Funds 10,299 PHILLIPS WINE AND SPIRITS INC Liquor Product Received Liquor Funds 10,200 PREMIER LAKE HARVESTING LLC OCS-Other Contracted Services Park Maintenance10,175 CEMSTONE PRODUCTS COMPANY Pavement Rehab Streets Pavement 10,132 DG MINNESOTA CS 2021 LLC Electric Facilities Operating 9,875 SENIOR COMMUNITY SERVICES 9,850 HIGHMARK HOME SERVICES LLC 9,810 FIRE SAFETY USA INC 9,802 SNAP-ON INDUSTRIAL 9,791 BREAKTHRU BEVERAGE MN WINE & SPIRITS 9,694 SSI ABS-2025-1 PROJECT HOLDINGS LLC 9,590 CAPITOL BEVERAGE SALES LP 9,505 BPAS 9,404 PHILLIPS WINE AND SPIRITS INC 9,261 CELLEBRITE USA CORP 9,000 CDW GOVERNMENT INC.8,696 XCEL ENERGY 8,690 POMP'S TIRE SERVICE INC 8,640 INTIME SERVICES INC 8,500 BADGER STATE INSPECTION LLC8,500 FOBBE ELECTRIC INC 8,497 ANCOM COMMUNICATIONS INC 8,430 SEBCO INC 8,375 K-TECH SPECIALTY COATINGS, INC8,269 RES GREAT LAKES LLC 8,181 READY WATT ELECTRIC 8,153 ESS BROTHERS & SONS INC 8,133 MARTIN MARIETTA MATERIALS8,013 STREICHERS 7,840 BREAKTHRU BEVERAGE MN WINE & SPIRITS 7,755 HEARTLAND BUSINESS SYSTEMS LLC 7,698 PHILLIPS WINE AND SPIRITS INC 7,675 DRAG N FLY WIRELESS INC 7,567 XCEL ENERGY 7,522 VANELLA GROUP OF MN, LLC, THE 7,478 SRF CONSULTING GROUP INC 7,453 FERGUSON WATERWORKS 7,442 LEAGUE MN CITIES INS TRUST WC 7,408 HINTERLAND CSG LLC 7,276 FERGUSON ENTERPRISES LLC 7,210 CATALYST GRAPHICS INC 7,200 ELEVATE FITNESS SOLUTIONS 7,200 MVP CRICKET LLC 7,174 MENARDS 7,108 SUPER SET FLOORING & TILE LLC 7,024 DUNHAM ASSOCIATES Amount Vendor Account Description Business Unit Comments 6,928 SRF CONSULTING GROUP INC 6,894 BRYAN ROCK PRODUCTS INC 6,861 AXON ENTERPRISE INC 6,850 AMERICAN ENVIRONMENTAL LLC 6,689 HEALTHPARTNERS 6,636 LAKE COUNTRY DOOR LLC 6,612 ARTISAN BEER COMPANY 6,542 PRAIRIE ELECTRIC COMPANY 6,522 ASCENTEK, INC 6,500 HOHENSTEINS INC 6,410 HEALTHPARTNERS 6,406 ETHANOL PRODUCTS LLC 6,331 QUALITY FLOW SYSTEMS LLC 6,297 SLAMHAMMER SOUND CO, INC6,281 REVOLUTIONARY SPORTS, LLC 6,255 PRECISION UTILITIES 6,250 SOJOURNER PROJECT INC. 6,200 PIONEER ATHLETICS6,181 YOUNGSTEDTS COLLISION CENTER 6,180 ADVANCED ENGINEERING & ENVIROMENTAL SERV 6,080 SSI ABS-2025-1 PROJECT HOLDINGS LLC 6,050 PDCM/DDP6,002 M-R SIGN CO INC 6,000 CITY OF EDEN PRAIRIE 5,997 SOBANIA COMMUNITY SOLAR 5,878 NAC MECHANICAL AND ELETRICAL SERVICES 5,860 PAUSTIS & SONS COMPANY 5,839 METRO SALES INCORPORATED* 5,831 CEMSTONE PRODUCTS COMPANY 5,751 HEALTHPARTNERS 5,678 ARTISAN BEER COMPANY 5,556 HOHENSTEINS INC 5,540 ADVANTAGE PROPERTY MAINTENANCE INC 5,529 STREICHERS 5,458 LAW ENFORCEMENT LABOR SERVICES INC. 5,411 HEALTHPARTNERS 5,401 GRAINGER 5,400 LEADSONLINE LLC 5,304 HOHENSTEINS INC 5,250 AMERICAN ENVIRONMENTAL LLC 5,178 ANCOM COMMUNICATIONS INC 5,107 CORE & MAIN 5,000 CONSERVATION CORPS MINNESOTA & IOWA4,984 NAC MECHANICAL AND ELETRICAL SERVICES 4,974 MWP RECREATION 4,811 ARTISAN BEER COMPANY 4,811 CENTERPOINT ENERGY4,811 PFM ASSET MANAGEMENT LLC 4,810 MINNESOTA CLAY CO. USA 4,768 WIESE USA 4,700 SEBCO INC 4,696 XCEL ENERGY 4,674 PHILLIPS WINE AND SPIRITS INC 4,626 REVOLUTIONARY SPORTS, LLC 4,600 CASTRO CLEANING LLC 4,562 BREAKTHRU BEVERAGE MN WINE & SPIRITS 4,548 SWINGLEY OLYMPIC PLACE, LLC 4,544 REVOLUTIONARY SPORTS, LLC 4,501 TRAFERA LLC 4,450 U.S DEPARTMENT OF AGRICULTURE 4,393 VAN PAPER COMPANY 4,385 PAUSTIS & SONS COMPANY 4,353 MENARDS 4,293 MULCAHY NICKOLAUS LLC4,213 BOSCH BUILDING TECHNOLOGIES LLC Amount Vendor Account Description Business Unit Comments 4,183 MINNESOTA UTILITIES & EXCAVATING LLC 4,162 HEALTHPARTNERS 4,150 LAVAN FLOOR COVERING 4,112 LOGIS 4,088 SHI CORP 4,069 XCEL ENERGY 4,062 MINNESOTA DEPARTMENT OF EMPLOYMENT 4,040 VERIZON WIRELESS 4,039 XCEL ENERGY 4,029 ARTISAN BEER COMPANY 4,017 ADVANCED ENGINEERING & ENVIROMENTAL SERV 3,980 CEMSTONE PRODUCTS COMPANY 3,973 SYMETRA LIFE INSURANCE COMPANY 3,942 OXFORD STREET MERCHANTS3,936 REVOLUTIONARY SPORTS, LLC 3,888 KEISER CORPORATION 3,857 HOHENSTEINS INC 3,841 MARTIN MARIETTA MATERIALS3,840 SHADYWOOD TREE EXPERTS 3,800 BELLBOY CORPORATION 3,750 EDEN PRAIRIE SCHOOL 3,736 MUSIC TOGETHER IN THE VALLEY LLC3,683 BKV GROUP 3,626 T-MOBILE 3,580 IMPACT PROVEN SOLUTIONS 3,580 CORE & MAIN 3,556 METRO SALES INCORPORATED* 3,554 FIRST ARRIVING IO INC 3,553 INVOICE CLOUD INC 3,514 XIGENT SOLUTIONS LLC 3,500 AUDIOQUIP INC 3,453 BROTHERS FIRE PROTECTION 3,441 HENNEPIN COUNTY TREASURER 3,430 CLEAR RIVER BEVERAGE CO 3,425 HOUSTON ENGINEERING INC 3,400 ST CROIX ENVIRONMENTAL INC 3,345 VOLUNTEER FIREFIGHTERS BENEFIT ASSN OF M 3,345 EHLERS & ASSOCIATES INC 3,333 LOCKRIDGE GRINDAL NAUEN PLLP 3,325 CEMSTONE PRODUCTS COMPANY 3,311 MINNESOTA ROADWAYS CO 3,296 WM MUELLER AND SONS INC 3,186 XCEL ENERGY3,185 WALL TRENDS INC 3,169 BRAUN INTERTEC CORPORATION 3,130 MINNESOTA NATIVE LANDSCAPES 3,093 MINNESOTA VALLEY ELECTRIC COOPERATIVE3,093 MINNESOTA VALLEY ELECTRIC COOPERATIVE 3,075 WM CORPORATE SERVICES INC 3,069 HANSON SPORTS LLC 3,035 SJE INC 3,027 CATALYST GRAPHICS INC 3,004 BELLBOY CORPORATION 3,000 SHERBURNE COUNTY SHERIFF'S OFFICE 2,990 JOHN HENRY FOSTER MINNESOTA INC 2,970 FLYING CLOUD TRANSFER STATION 4553 2,964 HOHENSTEINS INC 2,943 AIRGAS USA LLC 2,900 FLEETPRIDE INC 2,881 SUMMER LAKES BEVERAGE LLC 2,875 RELATE COUNSELING CENTER 2,822 PRESCRIPTION LANDSCAPE 2,822 PRESCRIPTION LANDSCAPE 2,791 MARTIN MARIETTA MATERIALS2,777 AMERICAN KARATE STUDIO INC Amount Vendor Account Description Business Unit Comments 2,750 HENNEPIN HEALTHCARE 2,715 FLYING CLOUD TRANSFER STATION 4553 2,700 FUN ENGINEERZ LLC 2,687 TAHO SPORTSWEAR INC 2,683 HEALTHPARTNERS 2,682 HENNEPIN COUNTY TREASURER 2,682 TRAFERA LLC 2,681 WEX 2,654 MACQUEEN EQUIPMENT INC 2,650 UNITED GLASS, INC 2,625 HOMELINE 2,605 INNOVATIVE OFFICE SOLUTIONS 2,605 RIVERS EDGE CONCRETE 2,600 AINSLEY COX2,500 CHURCH OF CASH LLC 2,500 BADGER METER 2,493 EICHMAN NATHAN 2,484 EDEN PRAIRIE COMMUNITY EDUCATION2,483 DG MINNESOTA CS 2021 LLC 2,478 CLEAR RIVER BEVERAGE CO 2,465 PDCM/DDP 2,460 METROPOLITAN COUNCIL2,439 ARVIG 2,439 ARVIG 2,438 HOME DEPOT CREDIT SERVICES 2,423 BELLBOY CORPORATION 2,419 FOUR INC 2,400 FARRAH BUFFINGTON 2,394 BATTERIES PLUS BULBS 2,393 OUTDOOR ENVIRONMENTS INC 2,336 BCM ONE 2,332 INNOVATIVE ENGINEERING LLC 2,310 GLOBAL RESERVE LLC 2,310 US BANK 2,277 U.S. BANK - I-494 PURCH. CARD 2,243 GYM WORKS 2,237 AMERICAN EXPRESS 2,234 MAVERICK WINE LLC 2,230 ANCHOR PAPER COMPANY 2,228 ART PARTNERS GROUP, LLC 2,203 TWIN CITIES DOTS AND POP LLC 2,197 PERA 2,197 PERA2,150 BELLBOY CORPORATION 2,112 ESS BROTHERS & SONS INC 2,110 OXFORD STREET MERCHANTS 2,107 INSIGHT BREWING COMPANY LLC2,094 UNITED REFRIGERATION 2,091 BELLBOY CORPORATION 2,083 GREAT LAKES COCA-COLA DISTRIBUTION 2,067 AMERICAN RED CROSS 2,062 BREAKTHRU BEVERAGE MN WINE & SPIRITS 2,060 ALLEGRA PRINT & IMAGING 2,048 UKG INC 2,031 VINOCOPIA 2,028 BROWN, MARK 2,022 SITEONE LANDSCAPE SUPPLY, LLC 2,019 OXFORD STREET MERCHANTS 2,008 AIRGAS USA LLC 2,000 CORDELL LEONARD MEDINA 2,000 MESSERLI & KRAMER 2,000 LP AND THE 45S LLC 2,000 MOVEFWD INC 2,000 MADELINE STUART1,999 RIVERS EDGE CONCRETE Amount Vendor Account Description Business Unit Comments 1,965 GRAINGER 1,958 JSW EMBROIDERY & TACKLE TWILL 1,951 CLEAR RIVER BEVERAGE CO 1,945 AIRGAS USA LLC 1,932 GENUINE PARTS COMPANY 1,918 LAWN RANGER, INC, THE 1,914 OUTDOOR ENVIRONMENTS INC 1,891 GREAT LAKES COCA-COLA DISTRIBUTION 1,875 HENNEPIN TECHNICAL COLLEGE 1,875 ONWARD EDEN PRAIRIE 1,863 SUMMER LAKES BEVERAGE LLC 1,863 SUMMIT FIRE PROTECTION 1,859 PRAIRIE ELECTRIC COMPANY 1,850 CAITLIN HALMRAST LUCIC1,832 GOPHER STATE ONE-CALL 1,828 SHOOTING STAR NATIVE SEEDS INC 1,820 WEX 1,816 XCEL ENERGY1,812 XCEL ENERGY 1,808 INTERNATIONAL UNION OF OPERATING 1,803 INTERNATIONAL UNION OF OPERATING 1,800 MARTIN-MCALLISTER1,786 GLOBAL RESERVE LLC 1,780 CENTER FOR ENERGY AND ENVIRONMENT 1,775 MTI DISTRIBUTING INC 1,767 WEX 1,756 INNOVATIVE GRAPHICS 1,756 CDW GOVERNMENT INC. 1,733 CENTERPOINT ENERGY 1,708 PAUSTIS & SONS COMPANY 1,700 FIDELITY SECURITY LIFE INSURANCE CO 1,700 TWIN CITY VACUUM 1,680 VINOCOPIA 1,679 JUNKYARD BREWING COMPANY LLC 1,675 ASPEN MILLS 1,664 WM MUELLER AND SONS INC 1,648 GLOBAL RESERVE LLC 1,635 AIRGAS USA LLC 1,617 HACH COMPANY 1,603 CHEF CRAIG'S CATERING 1,592 OVERHEAD DOOR CO. OF THE NORTHLAND 1,584 METRO SALES INCORPORATED* 1,582 MEDICINE LAKE TOURS1,575 EXTRACTOR CORPORATION 1,565 HAYEN, LINDA 1,556 RIVERS EDGE CONCRETE 1,550 MINNESOTA NATIVE LANDSCAPES1,550 HAYO, SHAI 1,546 FASTSIGNS 1,524 LYNDALE PLANT SERVICES 1,517 AMERICAN EXPRESS 1,500 LOCAL 5539 EDEN PRAIRIE 1,500 CHRISTIAN ADETI 1,500 EMMA SHOOK 1,500 RICHARD KUTCHER 1,497 XCEL ENERGY 1,495 A TO Z RENTAL 1,468 YORKTOWN OFFICES 1,460 LEAST SERVICES COUNSELING 1,452 WINE COMPANY, THE 1,425 AL & ALMA'S SUPPER CLUB AND CHARTERS 1,414 SITEONE LANDSCAPE SUPPLY, LLC 1,411 T-MOBILE 1,404 OXFORD STREET MERCHANTS1,403 PRECISE MRM LLC Amount Vendor Account Description Business Unit Comments 1,399 A&J OUTDOOR POWER LLC 1,394 LEGACY GYMNASTICS 1,391 EULL'S MANUFACTURING CO INC 1,374 MEGA BEER 1,368 WEX 1,367 CONSTRUCTION MATERIALS INC 1,362 SYSCO WESTERN MINNESOTA 1,348 TRAFERA LLC 1,346 WEX 1,345 MEGA BEER 1,330 RIVERS EDGE CONCRETE 1,268 WINE COMPANY, THE 1,251 CLEAR RIVER BEVERAGE CO 1,250 DIETHELM, TAMMY L1,248 WINEBOW 1,243 TRUE NORTH CONSULTING GROUP 1,228 VINOCOPIA 1,225 LLOYDS CONSTRUCTION1,218 MAVERICK WINE LLC 1,216 HORIZON COMMERCIAL POOL SUPPLY 1,201 XIGENT SOLUTIONS LLC 1,173 WEX1,166 WARNING LITES 1,162 T-MOBILE 1,154 WASHINGTON AVE LLP 1,148 MARCO INC 1,145 EVENT SOUND & LIGHTING 1,142 UKG INC 1,142 UKG INC 1,140 WM MUELLER AND SONS INC 1,140 STAR TRIBUNE MEDIA COMPANY LLC 1,131 STANTEC CONSULTING SERVICES INC 1,121 XCEL ENERGY 1,108 BERGMAN LEDGE LLC 1,096 WEX 1,090 PDCM/DDP 1,090 PDCM/DDP 1,073 XCEL ENERGY 1,072 LEAGUE MN CITIES INS TRUST 1,070 COMCAST 1,070 WEX 1,062 MODIST BREWING COMPANY 1,058 PAUSTIS & SONS COMPANY1,055 WINEBOW 1,051 JOHNSTONE SUPPLY 1,050 KING SAMANTHA 1,049 REACH1,046 J&W INSTRUMENTS INC 1,035 HAGGARD BARREL BREWING COMPANY LLC 1,035 STANTEC CONSULTING SERVICES INC 1,017 PREMIUM WATERS INC 1,000 PETTY CASH 1,000 DIETHELM, TAMMY L 1,000 MYHEALTH FOR TEENS & YOUNG ADULTS 995 WEX 994 ERICKSON ENGINEERING COMPANY LLC 993 BATTERIES PLUS BULBS 988 MODIST BREWING COMPANY 978 MARTIN MARIETTA MATERIALS 977 CUSTOM HOSE TECH 972 ASTLEFORD EQUIPMENT COMPANY INC 957 CINTAS CORPORATION 955 CLEAR RIVER BEVERAGE CO 950 W W GOETSCH ASSOCIATES INC942 CONCRETE CUTTING AND CORING Amount Vendor Account Description Business Unit Comments 930 XCEL ENERGY 924 HANSON SPORTS LLC 914 PRYES BREWING COMPANY 914 WM MUELLER AND SONS INC 911 ERICKSON ENGINEERING COMPANY LLC 910 INTERTECH INC 910 TRANSPORT GRAPHICS 908 JOHN HENRY FOSTER MINNESOTA INC 905 CRAWFORD DOOR SALE CO OF THE TWIN CITIES 903 CINTAS CORPORATION 900 HYPHEN DESIGNS LLC 898 SHI CORP 898 ULINE 896 VENN BREWING COMPANY891 LAWN RANGER, INC, THE 888 EMMA SHOOK 875 WINEBOW 871 MARTIN MARIETTA MATERIALS870 MODIST BREWING COMPANY 861 POMP'S TIRE SERVICE INC 855 METRO ELEVATOR 853 BARREL THEORY BEER COMPANY850 WEX 843 T-MOBILE 841 PETTY CASH 838 SWANSON MOLLY 836 WEX 833 LEXISNEXIS RISK SOLUTIONS FL INC 833 REVOLUTIONARY SPORTS, LLC 830 CONCRETE SCIENCE SERVICES 813 MINNESOTA EQUIPMENT 801 SHORT ELLIOTT HENDRICKSON INC 800 LYTON GUALLPA-NAULA 800 DH EXCAVATING 800 SPORTS UNLIMITED 800 DIVAS ENTERTAINMENT LLC 790 MAVERICK WINE LLC 788 SCOTT COUNTY 784 BARNUM GATE SERVICES INC 783 MENARDS 782 UNMAPPED BREWING CO 772 GRAINGER 771 SNAP-ON INDUSTRIAL769 WEX 769 WEX 766 STEEL TOE BREWING LLC 759 XCEL ENERGY756 MAVERICK WINE LLC 750 MEXICO AZTECA INC 748 INTERSTATE POWER SYSTEMS INC 741 ASPEN WASTE SYSTEMS INC. 740 INDIGO SIGNWORKS, INC. 738 SMALL LOT MN 735 USA INFLATABLES 728 INTERTECH INC 725 BACK CHANNEL BREWING COLLECTIVE LLC 706 MTI DISTRIBUTING INC 700 NEW FOLK PRODUCTIONS 700 WRIGHT ELISA 695 MOTOROLA SOLUTIONS INC 692 KOENIG & SONS EQUIPMENT INC 691 JOHNSON JUSTIN 688 MINNESOTA DEPT OF REVENUE 686 VENN BREWING COMPANY684 SHAMROCK GROUP, INC - ACE ICE Amount Vendor Account Description Business Unit Comments 684 WINSUPPLY EDEN PRAIRIE MN CO 680 WINEBOW 655 MEGA BEER 653 METRO SALES INCORPORATED* 652 EULL'S MANUFACTURING CO INC 651 SHAMROCK GROUP, INC - ACE ICE 650 BUCKNER JESSE 645 MIDWEST AQUA CARE INC 633 SHAMROCK GROUP, INC - ACE ICE 630 STEEL TOE BREWING LLC 626 PRINCIPAL FINANCIAL GROUP 625 WEX 625 INDIGO SIGNWORKS, INC. 624 JUNKYARD BREWING COMPANY LLC624 SOLUTION BUILDERS 622 STREICHERS 616 ARCPOINT LABS OF EDINA 615 RED BULL DISTRIBUTING COMPANY INC611 WEX 610 WINEBOW 609 NARAYANAN PG 607 TROY LONGIE600 BICYCLE ALLIANCE OF MINNESOTA 600 RICHARD ALAN PRODUCTIONS LLC 600 DRAG N FLY WIRELESS INC 600 WALTER TAMBOR 600 ESTRINE, ROBERT 600 MIDWEST AQUA CARE INC 599 MOBOTREX INC 591 GUNNAR ELECTRIC CO INC 591 WEX 589 KOENIG & SONS EQUIPMENT INC 588 XCEL ENERGY 586 PREMIUM WATERS INC 586 PAFFY'S PEST CONTROL 577 WEX 577 VESTIS SERVICES LLC 576 BARREL THEORY BEER COMPANY 570 WEX 570 IDEAL SERVICE INC 566 SUBURBAN CHEVROLET 565 WEX 562 WOODEN HILL BREWING COMPANY LLC560 LAURA MAJEWSKI 553 STANTEC CONSULTING SERVICES INC 546 MEGA BEER 545 DANGEROUS MAN BREWING543 THE OASIS GROUP 539 DIAMOND MOWERS INC 537 GRAINGER 532 INVOICE CLOUD INC 531 HENNEPIN COUNTY TREASURER 527 MENARDS 525 MN MAINTENANCE EQUIPMENT INC 525 WALL TRENDS INC 524 LOCATORS & SUPPLIES INC 518 WINE COMPANY, THE 518 CENTERPOINT ENERGY 516 ROADKILL ANIMAL CONTROL 509 NORTH CENTRAL LABORATORIES 506 BLUUM OF MINNESOTA, LLC 504 CARLSTON, BRANDON 501 CENTURYLINK 500 SOMALI MUSEUM OF MINNESOTA500 HENNEPIN COUNTY SHERRIF Amount Vendor Account Description Business Unit Comments 494 HEALTH STRATEGIES 492 METROPOLITAN MECHANICAL CONTRACTORS 490 PMA FINANCIAL NETWORK INC 489 DOMACE VINO LLC 488 XCEL ENERGY 488 SPS COMPANIES 483 US BANK - CREDIT CARD MERCHANT ONLY 482 BACK CHANNEL BREWING COLLECTIVE LLC 480 HENNEPIN COUNTY TREASURER 480 CORE & MAIN 479 CUSTOM HOSE TECH 477 BACK CHANNEL BREWING COLLECTIVE LLC 476 VERIZON WIRELESS 475 PETERSON COUNSELING AND CONSULTING LLC474 BERGMAN LEDGE LLC 473 BODENNER ZACHARY 470 PETERSON COUNSELING AND CONSULTING LLC 469 BOUND TREE MEDICAL LLC467 FASTENAL COMPANY 464 JOHNSON CONTROLS FIRE PROTECTION 463 T-MOBILE 460 HEALTHPARTNERS OCCUPATIONAL MEDICINE455 LANO EQUIPMENT INC 453 BERGMAN LEDGE LLC 450 ADAM BETTCHER PHOTOGRAPHY 450 COUDRET RAYMOND T 450 ESTRINE, ROBERT 445 PMA FINANCIAL NETWORK INC 444 DIVERSE BUILDING MAINTENANCE 439 MINNESOTA VALLEY ELECTRIC COOPERATIVE 436 INBOUND BREW CO 436 ST CROIX LINEN LLC 436 ST CROIX LINEN LLC 436 ST CROIX LINEN LLC 435 COLLINS BROTHERS TOWING 433 BERRY COFFEE COMPANY 429 DOMACE VINO LLC 428 BOURGET IMPORTS 410 ASPEN MILLS 409 SHAMROCK GROUP, INC - ACE ICE 409 STEEL TOE BREWING LLC 405 SHAMROCK GROUP, INC - ACE ICE 404 WINE COMPANY, THE401 PRAIRIE ELECTRIC COMPANY 400 CHRISTINE RIDDLE 400 MAXWELL TAGGART 400 SHAUNA BONAIME400 INSIGHT BREWING COMPANY LLC 398 KOENIG & SONS EQUIPMENT INC 385 QUALITY REFRIGERATION 384 VENN BREWING COMPANY 381 SOCIABLE CIDER WERKS LLC 378 OSOWSKI LUCAS 375 GYM WORKS 375 TOM TOLLEFSON 369 GETSCHOW, RICK 368 WOODEN HILL BREWING COMPANY LLC 366 CEF EP COMMUNITY SOLAR LLC 360 VESTIS SERVICES LLC 360 NOTHING BUT HEMP 358 JUNKYARD BREWING COMPANY LLC 351 INSIGHT BREWING COMPANY LLC 350 ANDERSON BILL 350 KASANO WORLD LLC350 BOUND TREE MEDICAL LLC Amount Vendor Account Description Business Unit Comments 349 RIGID HITCH INCORPORATED 345 BARNUM GATE SERVICES INC 344 SOCIABLE CIDER WERKS LLC 343 MICHAEL BENNETT 342 OPTUM HEALTH 342 TWIN CITY SEED CO 340 THE DISTRICT EDINA 339 AM CRAFT SPIRITS SALES & MARKETING 334 GUARDIAN FLEET SAFETY LLC 334 ASTLEFORD EQUIPMENT COMPANY INC 329 TRANE U.S. INC 327 SAINT CROIX VINEYARDS, INC. 321 WM CORPORATE SERVICES INC 320 ULINE317 HORIZON COMMERCIAL POOL SUPPLY 316 CEF EDEN PRAIRIE COMMUNITY SOLAR LLC 315 VINOCOPIA 313 TRANSUNION RISK & ALTERNATIVE DATA311 INBOUND BREW CO 311 ACE SUPPLY COMPANY INC 310 HAGGARD BARREL BREWING COMPANY LLC 310 KATHRYN REEVES310 BARNUM GATE SERVICES INC 310 TRANSUNION RISK & ALTERNATIVE DATA 308 WOODEN HILL BREWING COMPANY LLC 306 MODIST BREWING COMPANY 304 UNMAPPED BREWING CO 303 DELTA DENTAL 302 MINNESOTA AIR INC 301 SWANSON MOLLY 300 TARAANGINI SCHOOL OF DANCE LLC 300 ANGELA AMAL 300 LARA BOLTON 300 NOTHING BUT HEMP 300 SILVER SOUND ENTERTAINMENT 298 US BANK - PAYMODE 291 MTI DISTRIBUTING INC 291 MR CUTTING EDGE 290 FASTENAL COMPANY 285 HAGGARD BARREL BREWING COMPANY LLC 285 LEONARD, MICHELLE 284 PROP - PR 284 PROP - PR283 EARL F ANDERSON 282 VESTIS SERVICES LLC 282 TOWN LAW CENTER PLLP 281 SNAP-ON INDUSTRIAL280 DIRECTV 277 MENARDS 275 BENJAMIN BUS INC 275 HIRSHFIELD'S 273 VINOCOPIA 273 CLAREY'S SAFETY EQUIPMENT 270 SITEONE LANDSCAPE SUPPLY, LLC 268 JOHN RETTERATH 267 EDINA FIREFIGHTERS LOCAL 1275 265 VESTIS SERVICES LLC 264 STEEL TOE BREWING LLC 263 WOODEN HILL BREWING COMPANY LLC 262 A WHALE OF A TREAT 262 EDEN PRAIRIE FIREFIGHTER RELIEF ASSOC - DUES 261 MATT HENRY 261 TIMESAVER OFF SITE SECRETARIAL INC 260 WEBBER RECREATIONAL DESIGN INC259 NEW FRANCE WINE COMPANY Amount Vendor Account Description Business Unit Comments 258 BATTERIES PLUS BULBS #1248 257 METROPOLITAN FORD 256 EDEN PRAIRIE FIREFIGHTER RELIEF ASSOC - DUES 255 KELE INC 254 SHRED RIGHT 250 ALSDURF LORI 250 HAGGARD BARREL BREWING COMPANY LLC 248 RED BULL DISTRIBUTING COMPANY INC 248 PIRTEK BURNSVILLE 246 PROPIO LS LLC 243 DAVID NAUDE 242 EDEN PRAIRIE NOON ROTARY CLUB 241 ELLIS, ROBERT 240 DEVILBISS JAYDEN239 WEX 237 CONCRETE CUTTING AND CORING 237 TRAFERA LLC 236 WOODEN HILL BREWING COMPANY LLC236 XCEL ENERGY 230 I-STATE TRUCK CENTER 229 MINNESOTA CLAY CO. USA 228 VESSCO INC227 ECM PUBLISHERS INC 226 VANCO SERVICES 226 STEEL TOE BREWING LLC 223 RIGID HITCH INCORPORATED 223 MINNESOTA EQUIPMENT 222 CARTER KINDLEY 222 DANIEL ENEBO 220 TIMESAVER OFF SITE SECRETARIAL INC 217 ECM PUBLISHERS INC 216 HAYEN, LINDA 216 CHANSKI DAN 216 ABRAMOVICH GENNADIY 216 BIG STATE INDUSTRIAL SUPPLY INC 213 LIBATION PROJECT 211 CARLSTON, BRANDON 208 AM CRAFT SPIRITS SALES & MARKETING 205 SCOTT WENISCH 205 CONCRETE CUTTING AND CORING 205 MINNESOTA VALLEY ELECTRIC COOPERATIVE 205 BOSCH BUILDING TECHNOLOGIES LLC 200 CHUCK LINDERKAMP200 GENESIS JAZZ ORCHESTRA 200 GOOD NEWS BIG BAND 200 JUST FRIENDS BIG BAND 200 RIVER CITY JAZZ ORCHESTRA199 WEX 199 COLLINS BROTHERS TOWING 195 MAVERICK WINE LLC 192 STAPLES ADVANTAGE 191 CENTERPOINT ENERGY 191 CENTERPOINT ENERGY 191 HORIZON COMMERCIAL POOL SUPPLY 191 BACK CHANNEL BREWING COLLECTIVE LLC 191 HAAK LORI 190 JULIANNE NELSON 190 FORKLIFTS OF MINNESOTA INC 189 NATHAN WYKLE 189 HEADFLYER BREWING 189 LEAGUE MN CITIES INS TRUST 188 TWIN CITY SEED CO 187 WM MUELLER AND SONS INC 187 SHRED RIGHT187 PRYES BREWING COMPANY Amount Vendor Account Description Business Unit Comments 186 WEX 185 HUNT, JASON 184 MINNESOTA VALLEY ELECTRIC COOPERATIVE 182 CENTURYLINK 181 RED BULL DISTRIBUTING COMPANY INC 180 TUCKER DOUG 180 KALI O'MALLEY 180 EDEN PRAIRIE ROTARY CLUB 178 FOUNDATION BUSINESS SYSTEMS, LLC 178 KATHRYN LAMMERS 177 BARB RICHTER 177 CINTAS CORPORATION #470 173 CITI-CARGO & STORAGE CO, INC 172 INNOVATIVE OFFICE SOLUTIONS169 JANEX INC 166 ADAMS PEST CONTROL INC 165 ALL TRUCK AND TRAILER PARTS (ATTP) 163 CAWLEY COMPANY, THE161 URBAN GROWLER BREWING COMPANY LLC 158 KATIE ROBINSON 157 FORKLIFTS OF MINNESOTA INC 155 MODIST BREWING COMPANY155 DAVID ENDRES 154 DANGEROUS MAN BREWING 153 PIRTEK BURNSVILLE 151 FACTORY MOTOR PARTS COMPANY 150 HENNEPIN COUNTY SHERRIF 150 CONTINENTAL SAFETY EQUIPMENT 150 TWIN CITIES SHOW CHAPTER SWEET ADELINES 150 RICHARD MYER 149 NUVEI INTEGRATED PAYMENTS INC 149 CASE, RON 149 BREUNIG, KRISTI 147 MINNESOTA AIR INC 144 XCEL ENERGY 142 SITEONE LANDSCAPE SUPPLY, LLC 142 LINDSEY VANROVEC 142 CHRISTY BUCKMEIER 141 DAXKO LLC 139 KOMROSKY, HANK 139 VERIZON WIRELESS 137 XIAOLI WANG 136 MONTGOMERY BREWING COMPANY LLC136 WEX 135 CENTERPOINT ENERGY 133 MINNESOTA VALLEY ELECTRIC COOPERATIVE 132 PARLEY LAKE WINERY130 STERICYCLE INC 130 STERICYCLE INC 130 BPAS 130 LISA SMITH BAKER 129 PROPIO LS LLC 129 SANGKUN YUN 126 AMERICAN RED CROSS 126 SMALL LOT MN 125 WEX 125 MCFARLANE PATRICE 125 JODY KNIGHT 125 SAMBELASHVILI JANA 125 ERIC LARSON 125 FASTENAL COMPANY 124 DAVID GJERSET 124 ASPEN MILLS 122 FAUE, WAYNE122 MONTGOMERY BREWING COMPANY LLC Amount Vendor Account Description Business Unit Comments 122 RILEY JEREMY 121 MN MAINTENANCE EQUIPMENT INC 117 PAYCHEX 117 MINNESOTA ICE SCULPTURES LLC 117 MATT MEHLHAUS 116 PATRICIA L ROBINSON 116 ANNA NGUYEN 115 MINNESOTA VALLEY ELECTRIC COOPERATIVE 115 DESAI BIHARI 115 CENTURYLINK 115 CENTURYLINK 115 MINNESOTA VALLEY ELECTRIC COOPERATIVE 114 SMALL LOT MN 113 ZIEGLER INC113 VESTIS SERVICES LLC 113 ASPEN MILLS 113 KALKHOF ERIC 112 ZIEGLER INC112 QUALITY PROPANE 111 SOCIABLE CIDER WERKS LLC 111 SW POWER EQUIPMENT 110 ST. MATTHEW COMMUNITY THEATRE110 XCEL ENERGY 109 BLACK & DECKER, U S INC 109 BEHL ANTHONY 108 LEAGUE MN CITIES INS TRUST WC 106 MINNESOTA VALLEY ELECTRIC COOPERATIVE 105 BROGAN MATTHEW S 105 GETSCHOW, RICK 105 TOOMEY LISA 104 MN MAINTENANCE EQUIPMENT INC 100 ANJOLAOLUWA RAIMI 100 IKRA IBRAHIM 100 LIGHT GINA 100 DURKEE, DAVID 100 JULES HUFFMAN-ANNETT 100 MINNESOTA VALLEY ELECTRIC COOPERATIVE 100 MINNESOTA VALLEY ELECTRIC COOPERATIVE 100 MINNESOTA VALLEY ELECTRIC COOPERATIVE 100 JOSHUA VINCENT 100 CHARLES HAUSKER 99 FRANK VERNOIA 99 XCEL ENERGY98 KATE WEBER 97 MINNESOTA VALLEY ELECTRIC COOPERATIVE 96 ROBERT BROSCH 96 KEVIN YOUNG95 VERMONT SYSTEMS, INC 95 MINNESOTA TROPHIES & GIFTS 94 GREGG HOOGEVEEN 92 PAYCHEX 92 PAYCHEX 92 WEX 92 GAURAV RASTOGI 92 LATTERNER LAINA 92 BETSY AUNE 92 GRIN IRINA 92 ANDREW COHEN 91 MEREDITH KATE 91 ADVANCED ENGINEERING & ENVIROMENTAL SERV 90 FABEL, ELIZABETH 89 PAUL OSTERGAARD 89 SCHLOSSMACHER, JIM 87 JACOB THELEN85 CENTERPOINT ENERGY Amount Vendor Account Description Business Unit Comments 85 MINNESOTA VALLEY ELECTRIC COOPERATIVE 85 MINNESOTA VALLEY ELECTRIC COOPERATIVE 84 INBOUND BREW CO 83 CENTERPOINT ENERGY 81 MINNESOTA VALLEY ELECTRIC COOPERATIVE 78 HENNEPIN COUNTY SHERRIF 77 MADISON, MELISSA 77 KALYAN MAVULETI 76 MINNESOTA VALLEY ELECTRIC COOPERATIVE 76 TREVIPAY 75 ALISON MCCRACKEN 75 IRAH GOODWIN 75 REGENTS OF THE UNIVERSITY OF MINNESOTA 75 GAURANSHI SHARMA74 HYNEK, EVAN 73 PRAIRIE LAWN 73 CENTURYLINK 71 MUNOZ, MEGAN71 CENTURYLINK 71 CENTURYLINK 71 MADDEN, GALANTER, HANSEN PLLC 70 MPX GROUP, THE66 COREMARK METALS 65 ZIEGLER INC 65 MADDIE MEYER 64 MOST DEPENDABLE FOUNTAINS 63 CENTERPOINT ENERGY 62 DANGEROUS MAN BREWING 62 MN MAINTENANCE EQUIPMENT INC 61 MSC INDUSTRIAL SUPPLY CO INC 58 DIGGINS NICHOLE DAY 57 MAVERICK HOLDINGS 56 GS DIRECT 56 STEPHEN RIGA 55 MARGARET RILEY 55 BLUE LINE CUSTOM GIFTS 55 MINNESOTA VALLEY ELECTRIC COOPERATIVE 55 MINNESOTA VALLEY ELECTRIC COOPERATIVE 53 LANO EQUIPMENT INC 53 WENANDE BRANDON 53 STAPLES ADVANTAGE 53 TAYA ROTERING 53 XCEL ENERGY53 MARY MCCALLUM 52 CENTERPOINT ENERGY 52 WEX 51 RICHFIELD PRINTING INC51 JERRY'S ENTERPRISES INC 50 OFFICE OF MN IT SERVICES 50 WEX 50 CHC CREATING HEALTHIER COMMUNITIES 50 HENNEPIN COUNTY SHERRIF 50 HENNEPIN COUNTY SHERRIF 50 CHC CREATING HEALTHIER COMMUNITIES 50 EDEN PRAIRIE CRIME PREVENTION FUND 50 RICK MYER 50 ANJALI SAKHARKAR 50 DAHARATHA YATA 50 DEBBIE MCDOWELL 50 EDEN PRAIRIE CRIME PREVENTION FUND 50 EMILY ORR 50 MEIRA BESIKOF 50 NIEMA ISMAEL 50 BOHNSACK HANNAH49 SITEONE LANDSCAPE SUPPLY, LLC Amount Vendor Account Description Business Unit Comments 49 CENTERPOINT ENERGY 47 WEX 43 MICHELLE NIX 42 SEDONA LASHKOWITZ 40 MINNESOTA VALLEY ELECTRIC COOPERATIVE 40 KIMBERLY MILLIGAN 39 STAPLES ADVANTAGE 37 RONEN AGAM 37 FUSSELMAN, STEVE 34 CENTERPOINT ENERGY 34 CENTERPOINT ENERGY 33 MINNESOTA VALLEY ELECTRIC COOPERATIVE 33 REGENTS OF THE UNIVERSITY OF MINNESOTA 31 FRANK MADDEN30 DOUGLAS OLSON 30 VANSICKLE-MCGINTY, PATTI 30 MARK BELLILE 30 REMMES NICHOLAS30 VERIZON WIRELESS 30 WEX 30 JAISHREE KIRANKUMAR 30 AUSTIN CHARLENE29 JENNIFER HOUSE 29 XCEL ENERGY 28 MINNESOTA VALLEY ELECTRIC COOPERATIVE 28 ASPEN MILLS 28 PRAKASH KUMAR 28 CENTERPOINT ENERGY 27 XCEL ENERGY 27 CENTERPOINT ENERGY 26 BOHNSACK, SUE 26 ACME TOOLS 26 CENTERPOINT ENERGY 26 CENTERPOINT ENERGY 26 CENTERPOINT ENERGY 26 CENTERPOINT ENERGY 25 RON BURNETT 25 MINNESOTA DEPT OF REVENUE 25 MINNESOTA VALLEY ELECTRIC COOPERATIVE 25 MINNESOTA VALLEY ELECTRIC COOPERATIVE 24 FREDY INIGUEZ 24 DAN SCHMID 24 CHANSAY EM24 WEX 23 SPOK, INC. 23 SHERWIN WILLIAMS CO 23 BRADY LASS22 TOWN LAW CENTER PLLP 21 FELICIA THAMES 20 BRANDON EMANUELSON 20 EDEN PRAIRIE LOCAL NEWS 20 EDEN PRAIRIE LOCAL NEWS 19 GOERGEN, MARIE 19 XCEL ENERGY 19 NELSON, ROBIN 18 JOHN PETERSON 18 MRI SOFTWARE LLC 17 XCEL ENERGY 17 XCEL ENERGY 17 UPS SUPPLY CHAIN SOLUTIONS 17 UPS SUPPLY CHAIN SOLUTIONS 17 UPS SUPPLY CHAIN SOLUTIONS 17 NELSON, ROBIN 16 SQUARE16 NCPERS GROUP LIFE INSURANCE Amount Vendor Account Description Business Unit Comments 16 RETTERATH, JOHN 16 JASON MILLER 16 SQUARE 16 JAY O'BRIAN 15 THOMAS OAKES 15 SQUARE 15 ANDREA CASSIN 14 SHELLEY HARTMAN 14 XCEL ENERGY 14 JAMES MOORE 13 ROCKEY, JOSH 13 ELIZABETH MARY VOGEL 12 SHANTA CLARKE-GEORGE 12 QUALITY PROPANE12 FERRELLGAS 12 KATRIINA NITARDY 12 ROBERT SOLOHUB 12 CHARLES MITCHELL11 ASTLEFORD EQUIPMENT COMPANY INC 10 CULLIGAN BOTTLED WATER 10 LENNAR CORPORATION 10 TENZIN PASSANG10 EDEN PRAIRIE FOUNDATION 10 EDEN PRAIRIE FOUNDATION 10 EDEN PRAIRIE FOUNDATION 10 EDEN PRAIRIE FOUNDATION 10 BATTERIES PLUS BULBS 9 MRI SOFTWARE LLC 8 DAVID JENSEN 8 PATTY BOYD 7 WEX 7 JENNY MONSON-MILLER 7 DAVE PERRILL 7 XCEL ENERGY 7 XCEL ENERGY 6 MARION CARLSON 6 DAN JESTER 5 ALISON TREPANIER 1 WEX 13,911,115 Report Total