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Home My WebLink AboutCity Council - 09/15/2026Eden Prairie City Council Workshop Agenda 5:30 p.m. Tuesday, Sept. 15, 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. Willow Creek Street and Utility Improvements Council Chambers 2. Open Podium 3. Adjournment Eden Prairie City Council Meeting Agenda 7 p.m. Tuesday, Sept. 15, 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 V. Approval of Agenda and Other Items of Business VI. Minutes A. City Council Workshop held Tuesday, September 1, 2026 B. City Council Meeting held Tuesday, September 1, 2026 VII. Consent Calendar A. Approve professional services contract with Abdo Solutions for the City’s ﬁnancial audit ﬁscal years 2026, 2027 and 2028 B. Approve three-year agreement with Marco phone services for SIP Trunking as a Service (Staas) C. Approve standard agreement for contract services with Excel Lawn & Landscaping for snow and ice management services CITY COUNCIL MEETING AGENDA September 15, 2026 D. Adopt resolution amending Resolution No. 2026-043; and approve second amendment to development agreement for Prairie Lakes Corporate Center E. Award contract for 2026 East Side Trail along Country Road 4 Trail rehabilitation to BKJ Excavating F. Award 2026 contract for Edenbrook Park parking lot rehabilitation to BKJ Excavating VIII. Public Hearings and Meetings 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 1. Award contract for 2026 Staring Lake dog park fencing project to Dinius Lence LLC E. Report of Public Works Director F. Report of Police Chief 1. E-Motos and E-Bikes G. Report of Fire Chief H. Report of City Attorney XIV. Other Business XV. Adjournment Eden Prairie City Council Workshop Agenda 5:30 p.m. Tuesday, Sep. 1, 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. Public Art Update Case welcomed everyone to the new meeting space in the relocated Heritage Room. Case brieﬂy discussed the process for responding to “All Council” emails. Getschow introduced the workshop topic of public art and noted the topic has not been discussed at a workshop session in some time. Getschow noted that light rail trains will likely be running in the next year and that the Eden Prairie stations would be possible locations for public art. He also pointed out that the meeting was being held in a newly remodeled area of City Center that could be the site of public art. Getschow introduced Markle and Jana Graczyk, Recreation Services Manager. Markle said art isn’t always front and center in her department, so she appreciated to giving some updates to Council. Graczyk will provide some Art Center updates. Markle introduced Elise Trail-Johnson, who is serving a year-long internship with the City focused on arts engagement. Markle provided an overview of the presentation, including why the city should invest, and has invested, in public art; discussing public art in other Minnesota communities and what we already have in Eden Prairie; information for the public such as signage and an online map of City art; upcoming opportunities for public art, including at light rail transit stations; how such projects might be funded; and opportunities for residents at the Art Center. Markle listed several reasons to invest in public art, including strengthening of social bonds and a sense of community identity and pride. Having public art also increases access to art and boosts public health, as it is often an outdoor activity. Public art can also have a positive ﬁnancial impact in the form of tourism and increased property values. Installations of giant trolls, for example, in the Midwest and around the country have been shown to draw tens of thousands of visitors with millions of dollars’ worth of revenue. Markle also noted that aside from public art aligning with multiple Council goals, it is a component of the Aspire Eden Prairie 2040 plan. She also described the vibrancy of the regional public art scene, highlighting several well-known pieces such as the mural at George Floyd Square, the loon sculpture outside the Minnesota United soccer stadium, and Spoonbridge and Cherry in the Minneapolis Sculpture Garden. Some cities such as Richﬁeld have public art bike tours to generate awareness and appreciation of public art installations. Cities that have invested in public art based on equity and accessibility initiatives, Markle said, include Hopkins, Stillwater, St. Louis Park, and Mankato. An amount of 1% of budget for capital improvement projects is set aside for public art, which is something the City could consider. Narayanan remarked that 1% of the budget could be a lot of money and asked if there were opportunities for grants, which Markle said was possible. Toomey asked if utility boxes or athletics boxes could be adapted for public art purposes; Markle said that the City already has some. Case said that the road project involving Preserve Boulevard a few years ago had 1% set aside for art, which led to the installation of three pieces along the redeveloped street. Markle described the more than 20 pieces of existing public art in the City, including at the Community Center, City parks, and installations including the Historic Flying Red Horse at Flying Cloud Drive and Town Center Place. The Rotating Art and Art on City Walls programs display art for a shorter duration of time, with the pieces generally on loan to the City before being returned. Sometimes the City is able to procure the pieces to maintain permanently. The two programs are in the process of being merged into a single program. Markle said that private developers sometimes incorporate public art into their plans, which happened with Elevate Apartments. The City’s Public Art web page is being redesigned to better aligned with the City’s app. Markle also said that our current signage is not eye-catching and is often inconsistent and incomplete New signage is on the way in the next few months, including a QR code with link to the web page. The new signs are smaller and less expensive because they can get damaged from being in the elements. Markle said that the soon-to-launch public art map project looks similar to other City maps, is interactive with GIS, and can be viewed on a mobile phone. Markle described new opportunities and goals in the public art space, including a desire for increased public participation in the planning process, and to develop a program to fund permanent pieces consistently. A signiﬁcant permanent piece could cost $30,000 or more. Toomey asked if it was diﬃcult to ﬁnd permanent pieces. Markle said that artists frequently respond to RFPs for projects like that, so it would not be diﬃcult. Occasionally, people come to the City to donate a suitable item. Toomey asked if the City had a signiﬁcant piece like a troll, would it attract other artists who would be willing to do more for less? Markle said that most of the trolls described earlier are in the $400,000 to $500,000 range and are usually funded by hotel taxes. Toomey asked if something like that would lead to artists wanting to get involved. Markle said she thought so, especially when the piece appears on a public art map. Narayanan asked if the City has a budget line item for art; Getschow and Markle said yes. Markle noted that the City’s light rail stations were prime spots to consider for public art. She also said that future options could include using money from a local option sales tax for public art, such as at an outdoor pool or ﬁeldhouse. A good opportunity exists with the new space in City Center, such as a sculpture or something more signiﬁcant. There is also a new program called EP Walks, where themed walking tours focus on aspects of public art in various settings. Markle said that Metro Transit has a strong commitment to public art. They have a website where you can click on any of the main train lines to learn about the art there. Each station has a diﬀerent style of art that contributes to the vibe of the station and how it gels with the community it serves. Eden Prairie will have three stations where public art is a possibility: City West, Golden Triangle and Southwest Station. Markle said the City West station has a circular plaza with heavy foot traﬃc, which could lend itself to a big sculpture or vertical piece. It will be one of the ﬁrst things visitors see when they disembark from the train. Freiberg asked how big the plaza was, and Markle said it was probably 30-40 feet. Golden Triangle will also have space for some form of public art with opportunities for creative input; even bike racks or artistic benches could be considered public art. Markle said that Southwest Station has lots of wall space and might be suitable for a mural. Narayanan mentioned that it was not the City’s space, but that of Southwest Transit. Markle aﬃrmed this and said the City would need to partner with Southwest Transit on developing the space. Case asked about the fourth station in the City. Markle said that station, the Town Center station, has landscaping that is more spread out than the other stations. Getschow said that the Flying Red Horse monument is already in place and already functions as public art. Markle said that the current annual public art budget is $7,500, and is used largely for maintenance such as refreshing the ground mural at Staring Lake Park, which this year cost more than $3,000. Some of the budget went toward improved signage. This doesn’t leave much money left over for new art. Many pieces of public art have been acquired through donations, private development and public budgeting. Markle mentioned some ways to increase funding for public art, including increasing the annual budget, rounding up transactions at City liquor stores to the nearest dollar, integrating public art into capital projects, applying for grants, and soliciting funding partners, such as a business next to a transit station, for example. Toomey asked if the City imposes a hotel tax; Getschow said no. Toomey then asked if the City could, and Getschow said yes. Case said this would need legislative approval, but Getschow said that the Council can decide this. Getschow said in meetings with the Eden Prairie Chamber and some local hotels, the desire for a hotel tax has been mixed at best. Toomey asked if most other cities levied a hotel tax, and Getschow said they do. Patrons of the hotels might not notice if Eden Prairie charged a hotel tax, since most cities around us already do that. However, some hotels here play up the lack of a hotel tax to set themselves apart. Getschow said that some hoteliers have shown interest in having money to invest to promote things like tourism and public art. While there is some support for the idea, there is also opposition, and if the City were to move forward on this, it has said in the past it would want overwhelming support from the hotels, which is not there at present. Narayanan said that he observes that most public art in town is not noticeable, except for big installations such as the Flying Red Horse. He said he wonders if it is distributed well or if it is too concentrated. Narayanan asked if any cities have art in the middle of a lake or something geared to attract people. Where would we put art that would be a signiﬁcant location? Perhaps something by Smith Coﬀee & Café would attract people who would spend money. Narayanan asked if there a fund that people can donate to for public art funding. If there is, it could be promoted to service organizations and corporations to partner with. Grazcyk delivered updates on the Eden Prairie Art Center. The Art Center is a big asset to the community, and people of all ages can participate in some way. Oﬀerings include camps, classes, open studio and other events. Staﬀ include a rec supervisor, a rec specialist, an arts engagement intern, 12 year-round instructors and a studio tech, a part-time customer care team, and seasonal summer staﬀ. Narayanan asked if the Art Center breaks even because people pay to use it. Grazcyk and Markle said that it does not. Graczyk said that summer programming runs 12 weeks from June through September, with half-day and full-day options, with ages from pre-K to teenagers. This year there were more than 800 enrollments, and the spaces ﬁll quickly and have wait lists due to their popularity. Graczyk discussed the year-round programming at the Arts Center, including after-school programs, where kids come right from school to a class. There are also non-school programming days to keep kids active as well as adaptive programs. There are lots of classes, and instructors may come with speciﬁc backgrounds and might come up with a new class. Sometimes there are happy hours or events such as sip-and-paint at Fat Pants Brewing Co. Members for Open Studio have gone from 60 to 95 from 2023-2026 in glass or clay. Additionally, visits to Open Studio have gone from 2,037 to 3,552 over the same period. Users demonstrate their eligibility or take a six-week class, pay a small fee, and then can come in during open time, get a shelf to store their work and have access to time with an advisor. Users have displayed and sold their art at multiple tables at the Arts in the Park event. Graczyk said the biggest impact is the community that is being built, which ties in to the mission of the Arts Center. People become close to one another, and the bonds go beyond art to a community level. Getschow observed that this year’s Arts in the Park event seemed to have more exhibitors including those involved in woodworking, glass and clothes making. Markle agreed that exhibitors and vendors have been increasing in diversity, and attendance at the event is growing every year as well. Toomey asked if people had items for sale at the art center. Markle said no, this happens only at Arts in the Park. People could sell their wares on their own at other art festivals if they wanted. Toomey said she was interested to learn what other cities budget for public art. Narayanan asked if the City’s potential budget would it at the $500,000 level. Getschow said it would depend on the project, noting that Case mentioned the Preserve project, where part of the budgeted amount was dedicated to art. Getschow said it was dependent on what future projects might be. Getschow also noted that Case and Councilmember Kathy Nelson were the only current members of the Council who were in oﬃce at the time of that project’s approval in 2018. Case said that former mayor Nancy Tyra-Lukens was a big proponent of public art. Getchow said that Tyra-Lukens was on some regional committees related to light rail transit and public art and made connections with potential donors; now that LRT is getting close to operating, the City could revisit some of those connections to potentially fund projects at the stations. Case asked if Markle and Graczyk were looking for direction from the Council or had a speciﬁc request involving public art. Markle said she was mostly seeking support as the City moves forward to seek funding for LRT stations. She said that Klima has been a good source for generating ideas and seeking grants. For the City West station, the budget for a signiﬁcant piece would likely be at least $50,000, which is money that is not currently in the City budget, so community partners and connections need to be cultivated. Case asked what would be in it for donors or corporate partners if they were to provide funding – perhaps a kiosk identifying the donor as a funding source. Case said that there in general, Markle could assume the Council would be supportive of public art, assuming the budgetary considerations are met. Case said he mostly hears positive comments on public art such as the Preserve Boulevard project. In general, it’s a positive thing that people sense and builds a sense of community, culture, and overall happiness. He asked Markle to let the Council know when she needed input or direction. Narayanan asked if the City would seek a request for information or request for proposal for a speciﬁc LRT location without limiting artists, and that any submissions could lead to ideas and ballpark a budget range for the City. Then the City could go to companies to help fund the project. Markle conﬁrmed that the RFP/RFI process would be used. Council Chambers 2. Open Podium 3. Adjournment Eden Prairie City Council Unapproved Minutes 7 p.m. Tuesday, Sept. 1, 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 7:00 PM. Council Member Kathy Nelson was absent. II. Pledge of Allegiance III. Open Podium Invitation HRA MEETING AGENDA HRA.I. Call the Meeting to Order HRA.II. Approve the Minutes of HRA Meeting Held on January 6, 2026 MOTION: Freiberg moved, seconded by Toomey to approve the HRA minutes from January 6, 2026. Motion carried 4-0. HRA.III. Adopt HRA Resolution No. 2026-02 Approving the Proposed 2027 Property Tax Levy and Accepting the Proposed 2027 Budget Getschow explained that Minnesota law authorizes the HRA to levy a tax with the consent of the City Council. The HRA must adopt a proposed net property tax levy by September 30 and certify it to the county auditor. Per Minnesota Statute, Housing and CITY COUNCIL MEETING UNAPPROVED MINUTES September 1, 2026 Redevelopment Authorities can levy a tax of up to .0185 percent of estimated market value. The proceeds may be spent on planning and implementation of redevelopment and/or low-rent housing assistance programs with the City. The limit for the City of Eden Prairie is $ 2,718,930. MOTION: Toomey moved, seconded by Narayanan to adopt the HRA Resolution No. 2026-02 approving the proposed 2027 property tax levy to be $240,000 and accepting the proposed 2027 budget of $240,000. Motion carried 4-0. HRA.IV. Adjournment MOTION: Narayanan moved, seconded by Freiberg to adjourn the HRA meeting. Motion carried 4-0. CITY COUNCIL MEETING AGENDA IV. Proclamations and Presentations V. Approval of Agenda and Other Items of Business MOTION: Narayanan moved, seconded by Toomey to approve the agenda. Motion carried 4-0. VI. Minutes MOTION: Freiberg moved, seconded by Toomey to approve the minutes of the Council workshop held Tuesday, August 18, 2026, and the City Council meeting held Tuesday, August 18, 2026, as published. Motion carried 4-0. VII. Consent Calendar A. Prairie Bluﬀ Commons by US Home, LLC. Approve Second Reading of an Ordinance for a Planned Unit Development District Review with Waivers and a Zoning District Change from Oﬃce to RM-6.5 on 23.59 acres and from Oﬃce to R1-9.5 on 4.82 acres. Adopt Resolution No. 2026-068 for Site Plan on 28.41 acres. Resolution No. 2026-069 for conditional approval of development agreement B. Adopt Resolution No. 2020-070 approving the ﬁnal plat of Prairie Bluﬀ Commons C. Adopt Resolution No. 2026-071 declaring costs to be assessed and ordering preparation of special assessment roll and setting hearing date D. Award contract for Dell Road Improvement Project to A-1 Excavating, LLC CITY COUNCIL MEETING UNAPPROVED MINUTES September 1, 2026 E. Approve professional services agreement with WSB for construction administration of the Dell Road Improvement Project F. Approve amendment to the professional Services agreement with WSB for the ﬁnal design of Dell Road Improvements G. Approve professional service agreement with HRGreen for Local Water Management Plan update H. Approve the purchase of radios from Motorola I. Approve agreement between City of Eden Prairie and Hennepin County Human Services and Public Health Department for continued support of on-site full-time senior social worker at Eden Prairie Police Department J. Approve standard contract for goods and services with Push Pedal Pull for replacement of eight ellipticals at the Eden Prairie Community Center K. L. Approve agreement with One Pass Fitness program for Eden Prairie Community Center members enrolled in the program M. Approve standard agreement for professional services with Stantec Consulting Services, Inc. for the design and construction documents for the Purgatory Creek Recreation Berm Repair project MOTION: Toomey moved, seconded by Narayanan to approve Items A-L on the Consent Calendar. Motion carried 4-0. VIII. Public Hearings and Meetings A. 2025 Community Development Block Grant consolidated annual performance and evaluation report (CAPER) Getschow noted that the 2025 Consolidated Annual Performance and Evaluation Report (CAPER) evaluates the City of Eden Prairie's accomplishments towards meeting the ﬁve-year goals deﬁned in the Consolidated Plan, as required by the Department of Housing and Urban Development (HUD), for communities receiving Community Development Block Grant (CDBG) funding. The 2025 program year began July 1, 2025, and ended June 30, 2026, and is the ﬁrst grant period of the 2025-2029 Consolidated Plan. MOTION: Narayanan moved, seconded by Freiberg to close the public hearing. Motion carried 4-0. CITY COUNCIL MEETING UNAPPROVED MINUTES September 1, 2026 IX. Payment of Claims MOTION: Freiberg moved, seconded by Toomey to approve the payment of claims as submitted. Motion was approved on a roll call vote, with Freiberg, Narayanan, Toomey, and Case voting “aye.” X. Ordinances and Resolutions XI. Petitions, Requests and Communications XII. Appointments XIII. Reports A. Report of Council Members B. Report of City Manager 1. Adopt Resolution No. 2026-072 approving preliminary tax levy and budget Getschow stated that the Minnesota Law and administrative rules prescribe a detailed process for public notiﬁcation and participation in setting taxes and budgets of local governments. Cities must adopt a proposed property tax levy and certify that amount to the county auditor on or before September 30, 2026. In addition, the City Council must accept a proposed budget for the coming year. The budget currently is balanced, maintains a high-quality level of service delivery at a reasonable tax rate, and has conservative estimates of revenues and expenditures and includes the proposed total 2.9 percent levy with no plans to bring anything forward lower than this. The individual tax is going to diﬀer depending on the value of the home the resident lives in. Getschow added that the City must announce at this Council meeting the future time and date of the regularly scheduled meetings at which the budget and tax levy will be discussed and public testimony taken. The Council must adopt a ﬁnal tax levy and budget by December 28. Minnesota Law authorizes the HRA to levy a tax with the consent of the City Council. This resolution gives the consent needed for the HRA. Case added that the City was going to have around an estimated ﬁve or six percent levy, but due to intergovernmental revenue, development, stable Staﬀ and consistent, strategic leadership, the levy was able to be lowered, which should be celebrated. CITY COUNCIL MEETING UNAPPROVED MINUTES September 1, 2026 MOTION: Narayanan moved, second by Toomey to adopt Resolution No. 2026-072 to: Certify the proposed 2027 property tax levy to be $54,381,193; and set December 1, 2026 at 7:00 p.m. as the meeting which will include discussion of the budget and provide for public comment; and accept the proposed 2027 budget of $70,165,770; and consent and approve the HRA tax levy of $240,000. Motion carried 4-0. 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: Toomey moved, seconded by Freiberg to adjourn the City Council meeting at 7:41 p.m. Motion carried 4-0. City Council Agenda Cover Memo Date: September 15, 2026 Section: Consent Calendar Item Number: VII.A. Department: Tammy Wilson, Finance, Administration ITEM DESCRIPTION Professional services contract with Abdo Solutions for the City’s ﬁnancial audit ﬁscal years 2026, 2027, and 2028 REQUESTED ACTION Move to approve the professional services agreement with Abdo Solutions for ﬁnancial audit services ﬁscal years 2026, 2027, and 2028 SUMMARY As a standard business practice, the City completes a request for proposal process for auditing services every three years with an option to extend annually for an additional three years. We received three audit proposals in response to our request and are recommending Abdo Solutions for 2026, 2027, and 2028 with an option to renew annually through 2031. Staﬀ’s recommendation to choose Abdo Solutions is based on experience, price, and quality. Abdo’s government practice is one of the most active in Minnesota with experience auditing cities of similar size, including Lakeville and Woodbury. Many of their clients receive excellence in ﬁnancial reporting awards and their staﬀ speak and train on government accounting and audit topics. For the three years of the audit contract, Abdo had the second lowest all-inclusive bid of $174,850. Bids ranged from $161,400 to $188,736. Abdo’s references have indicated a high degree of satisfaction with the quality of work. Clients state Abdo is knowledgeable on new accounting pronouncements, helpful in assisting with implementation of these changes, available and responsive to questions throughout the year, and accommodating to audit timelines. ATTACHMENTS Professional Services Agreement Exhibit A - Abdo Proposal Exhibit B - City of Eden Prairie RFP (rev. 4/2026) Standard Agreement for Professional Services This Agreement for Professional Services (“Agreement”) is made on this 15th day of September 2026, between the City of Eden Prairie, Minnesota, a municipal corporation (“City”), whose business address is 8080 Mitchell Road, Eden Prairie, MN 55344, and Abdo Solutions, a Minnesota Limited Liability Limited Partnership (“Consultant”) whose business address is 5201 Eden Avenue, Suite 250, Edina, MN 55436. 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 audit services 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 (Abdo Audit Proposal) and Exhibit B (City of Eden Prairie RFP) 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 the 2026 audit through the 2028 audit 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 $56,500 (this includes $6,000 for a single audit) for 2026, $58,250 for 2027, and $60,100 for 2028 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 ninety (90) days’ written notice prior to January 1 of the audit year 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 with this Agreement, no further Page 4 of 13 (rev. 4/2026) 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: ___Partner________________________ Page 13 of 13 (rev. 4/2026) EXHIBIT A Quote/Proposal/Scope of Services Proposed by Bonnie Schwieger, CPA Partner | Abdo bonnie.schwieger@abdosolutions.com P 952.715.3065 September 02, 2026 SERVICE PROPOSAL FOR abdosolutions.com City of Eden Prairie 8080 Mitchell Road, Eden Prairie, Minnesota 55344 | Mankato, MN - Edina, MN - Scottsdale, AZ Table of Contents SECTION PAGE NUMBER Cover Letter 2 The Current State 3 The Path Forward 4 Your Team 5 Government Experience 6 Audit Approach 7 Additional Approach Details 10 Technology 11 Service Timeline 12 Value 13 What Our Clients Say 14 Value Added Services 15 Why Partner with Abdo 16 Diversity, Equity & Inclusion 17 License & Independence 18 Appendix A: Proposer Guarantees & Warranties 20 Appendix B: Schedule of Professional Fees & Expenses 22 Appendix C: Standard Agreement for Professional Services - Sample 24 Appendix D: Peer Review Report 38 Appendix E: Team Biographies 41 1 Shannon Melville, Accountant City of Eden Prairie 8080 Mitchell Road Eden Prairie, Minnesota 55344 September 02, 2026 Dear Shannon, The City of Eden Prairie has been recognized for many years as a great place to live, work, and build a life — and the fnancial management behind that reputation refects the same commitment to excellence your community expects. Your city government has set a clear standard: to foster respect for the past, plan for the future, and deliver high-quality public services that contribute to a strong sense of community. That standard requires an audit frm prepared to meet it. Abdo is pleased to submit this proposal for professional auditing services for fscal years 2026, 2027, and 2028 with options to renew for 2029, 2030 and 2031. The scope of this engagement includes independent audit services for the City of Eden Prairie, the Eden Prairie Firefghter Relief Association, and the Fencing Consortium, conducted in full accordance with auditing standards generally accepted in the United States of America, the standards applicable to fnancial audits contained in Government Auditing Standards, the provisions of the federal Single Audit Act and Uniform Guidance, and all other federal, state, and local requirements in effect now or placed in effect during the engagement. Our objective is straightforward: deliver a thorough, high-quality audit on time, every year, while serving as a responsive and steady resource for your Finance team. We understand that timing is your top priority and that your team is navigating a Finance Manager transition entering the audit cycle. Abdo has guided city fnance teams through exactly these kinds of transitions, and we will bring an organized, proactive approach from the entrance conference through Council presentation. We look forward to demonstrating what a strong audit relationship looks like in practice. Sincerely, Abdo Bonnie Schwieger, CPA Partner | Abdo 2 The current state WHAT WE HEARD Completing the Audit on Time Ability to meet scheduled deadlines is one of the City's top priorities, and it is ours too. An entrance conference in November 2026, a detailed audit plan delivered by January 31, interim work completed in February, and an audit start date of March 22, 2027 creates a schedule that leaves little room for delay. Abdo will establish clear deliverable timelines from the start, communicate proactively if anything shifts, and structure our feldwork to minimize strain on your staff. You will know where the engagement stands at every stage. Navigating the Technical Complexity As the 16th largest city in Minnesota, Eden Prairie carries the fnancial complexity that comes with that scale: an annual comprehensive fnancial report, a component unit in the Housing and Redevelopment Authority, the Eden Prairie Firefghter Relief Association, the Fencing Consortium, and federal funds received from the Department of Housing and Urban Development and the Department of Justice, with a Single Audit required in 2026. This engagement requires a team that is fuent in the full scope of governmental audit requirements, including GASB standards and Minnesota legal compliance. Abdo's government audit professionals bring that depth to every engagement. Finance Division Transition Finance Manager turnover at year end introduces real risk to the continuity and readiness of the audit process. Abdo will clearly defne what we need from City staff well in advance, work effciently to reduce the burden on your team, and communicate early and often. Our featured approach has helped guide city fnance departments through times of transition, and we understand the importance of being organized so your team does not have to carry that weight alone. Public Accountability and Council Transparency The City's audit results are reviewed by the City Council, rated agencies, and the public. The presentation of fndings carries weight. The partner in charge of the audit will be available to attend public meetings for discussion of the fnal report at a workshop or council meeting, and an exit conference with the City Manager and Finance staff will be conducted by the auditor in charge. Abdo will ensure your team is prepared for every step of that process. Working Partnership Abdo operates with consistent staffng, accessible engagement leadership, and a communication style that keeps clients informed without adding to their workload. Your team will work with the same people year over year, and they will know your organization well. 3 The path forward OUTCOMES OF A SUCCESSFUL PARTNERSHIP A successful partnership with the City of Eden Prairie looks like this: • Audits completed on schedule with clear deliverables, no last-minute surprises for your Finance team, and a partner who is available when the City Council is ready to hear the results • A consistent team that knows your organization from year to year, understands your fund structure, component units, and GFOA reporting requirements, and communicates clearly from start to fnish • Single Audit support in 2026 and ongoing guidance as federal compliance requirements evolve • GFOA Certifcate of Achievement assistance, including responses to prior-year comments, to protect and continue Eden Prairie's strong fnancial reporting record • Year-round accessibility to your engagement partner, not only during feldwork, but whenever your Finance team has questions Eden Prairie holds itself to high standards: honesty, accountability, excellence, and long-term solutions. Abdo's government audit practice is built around those same expectations. We are easy to work with, we take the quality of our work seriously, and those are exactly the qualities you told us matter most. 4 Your Team Bonnie Schwieger, CPA, will serve as the engagement partner and brings extensive experience auditing local governments in Minnesota. She is an active member of Abdo's GASB standard implementation committee and governmental audit training committee, and her depth of knowledge has led her to speak at several professional events and conferences addressing governmental accounting topics. Bonnie also offers valuable assistance to cities in long- term fnancial planning, making her a resource to the City of Eden Prairie well beyond the audit itself. Alex Trippel and Hannah Anderson round out the engagement team, bringing current technical training and direct government audit experience within Abdo's dedicated government practice. Kimberly Dauer has been serving clients at Abdo since 2011, bringing deep experience in governmental audits for fre relief associations and gambling compliance audits. Her background refects a thorough understanding of the specialized reporting and compliance requirements that fre reliefs navigate, and she brings that focused expertise directly to every engagement she supports. Abdo has audited more than 300 government units and is recognized as a top 25 accounting frm in Minnesota and a top 200 frm in the United States. Our government practice is one of the most active in the state, meaning your team works with professionals who are engaged with GASB developments and governmental accounting best practices in real time. Full bios for each team member are included in this proposal. KEY CONTACTS Key team members are briefy profled below, with additional staff providing support as needed throughout the engagement. BONNIE SCHWIEGER, CPA BRAD FALTEYSEK, CPA Partner Partner bonnie.schwieger@abdosolutions.com brad.falteysek@abdosolutions.com P 952.715.3065 P 952.715.3004 ALEX TRIPPEL, CPA KIMBERLY DAUER Manager alex.trippel@abdosolutions.com Supervisor P 952.393.3216 kimberly.dauer@abdosolutions.com P 507.304.6842 HANNAH ANDERSON ROBBIE SMITH Senior Associate Associate robbie.smith@abdosolutions.com hannah.anderson@abdosolutions.comP 952.715.3022 P 952.979.1173 ALEX WITTWER Associate alex.wittwer@abdosolutions.com P 952.715.3008 5 Government Experience You can have confdence in our 60 years of quality auditing services and partnership in the government space. Since 1963, we’ve served entities just like yours. With an unwavering commitment to streamlining processes, training staff, and implementing technology-based solutions, we proudly offer excellence in auditing. Out of our 250-strong, talented staff, over 70 team members are 100% focused on government clients, including services for over 100 cities and various municipalities. By serving local municipalities across the United States, we have become experts in the nuances of how to best support your city. Our expertise affords you an audit experience that’s painless. We do this by communicating up front, coming better prepared, and being available throughout the year to support you. PROCESS Our methods are centered around incorporating technology to deliver unparalleled solutions for local governments. In addition to our audit experience, our frm expertly performs outsourcing for governments giving us a wealth of experience in a fnance director role. We don’t believe in a one-size-fts-all mentality, so together we’ll focus on the needs that are relevant to your City and provide the right services to meet them with a tailored approach. FOCUS Through continuous training and growth opportunities, we’ve established an environment with a focus on serving local governments. We spend more than 100 hours training and onboarding to ensure success for our clients. We truly hope that you partner with our team to forge a brighter path forward for your city. OUR QUALIFICATIONS • GFOA, MnGFOA, ACMA, and GFOAz Association members • We speak and train on government accounting and auditing topics • Audit services for 110+ cities • Our clients represent top tier governments with numerous municipal clients receiving the GFOA’s Certifcate of Achievement for Excellence in Financial Reporting • Audit services for 15+ EDA’s and HRA’s • Audit services for 40+ other governmental entities, including Counties, Watershed Districts, Public Utilities, amongst others • Audit or attestation services for 60+ Fire Relief Associations 114 CITY, TOWN & COUNTY CLIENTS 6 7 Audit Approach We deliver auditing services that are more than just a compliance service. We exceed what’s considered the “standard audit support,” placing a strong emphasis on a relationship-driven approach that facilitates a partnership with your city. We work together to ensure we have a clear understanding of the City’s needs, challenges, and fnancial information. Together with your team, we’ll help to leverage this information to increase effciency and effectiveness. PARTNERSHIP Integral to our mission is a philosophy that we help cities reach their maximum potential through open communication and teamwork. We enjoy answering questions any time of the year, and at no cost! We also believe in: • Consistent, clear, proactive communication that offers suggestions and makes your work easier • Returning phone calls and questions promptly • Gathering information through dialogue, not checklists • Conducting listening calls with you outside of the engagement to understand the City, build a long-term relationship with you, and learn how we can improve. PEOPLE Our value comes from our experience and the education we can provide. Our professionals go beyond the required standards to make sure we have a clear understanding of your city. We work with your management team to leverage this information to increase effciency and proftability. We put together a team of experts specifcally for you, whose experience and industry knowledge aligns with the needs of your city. PROCESS While we will audit the fnancial statements of your city in accordance with the applicable regulatory standards, our process is designed to go far beyond that. It enables us to gain a thorough understanding of the processes, procedures, and general operations of your city. 7 Audit Approach Continued CLIENT UNDERSTANDING Your leadership team plays an important role in your fnancial reporting. We always begin our process with a face-to-face conversation to gain a thorough understanding of your city, internal controls, processes and procedures. Our experience with cities like yours allows us to develop a customized audit and communications plan. We will prepare a timeline detailing signifcant steps in the audit process from beginning to end. AUDIT STRATEGY DESIGN Your city is unique and therefore your audit plan will be tailored to your operations and will include the relevant and appropriate standards. Our audit strategy is based on our understanding of your city. It will also encompass: • Leadership concerns and expectations • Risk assessment • Understanding your internal controls • Testing AUDIT EXECUTION Our execution of your audit strategy begins with feldwork and ends with a presentation of your draft fnancial statements. Our team, including partners and managers, will be present during feldwork and we’ll be in continuous communication with your staff. Fieldwork is where we document internal controls, conduct walkthroughs, and obtain audit evidence to support fnancial statement amounts and disclosures. Our paperless audit approach allows us to do much of the feldwork from our offce. We will discuss your preference for the amount of onsite work and agree on a mutually benefcial schedule. During feldwork we will discuss any potential audit adjustments with your staff to ensure we agree on the need for the audit adjustment and amount. We will also discuss any potential internal control defciencies to verify our understanding and discuss potential solutions. We want to be problem solvers, not problem reporters. After reviewing the fnancial statements, notes and supplementary schedules, if any, we prepare a draft of the fnancial statements for your review and approval. We will also send a list of audit adjustments noting the reasons for each adjustment. 8 Audit Approach Continued AUDIT COMPLETION After the previous segments mentioned are complete, we will be ready to fnalize the audit. We will report results of your audit to the City Staff and Council Members (or any other group desired). We will also deliver an executive governance summary that identifes critical fnancial trends and recommendations for improvement, provides required communications, and discusses changes in the environment in which your city operates. During this stage, we will also complete the following procedures: • Complete subsequent events review procedures and review legal and representation letters • Complete fnal overall analytical review procedures • Communicate signifcant defciencies and material weaknesses • Conduct exit conference • Issue an audit opinion 9 10 Additional Approach Details Analytical Procedures Analytical procedures are defned in Statement on Auditing Standards No. 56, “Analytical Procedures” as evaluations of fnancial information made by a study of plausible relationships around both fnancial and non-fnancial data. They are required in the planning and fnal review stage, but our frm encourages staff to use analytical procedures where possible. Our frm management directs the use of analytical procedures as follows: • Planning | The objective for analytical procedures at this stage is to direct attention to likely misstatements. We use trend analysis to meet our objective in planning. Examples of trend analysis would be a comparison to the budget for funds that adopt a budget and/or comparison to the prior year. We also may consider a comparison among three to fve years. Additional testing may result if the expectations established at the start of the trend analysis are not met. • Substantive Testing | The objective of analytical procedures at this stage is to support or refute fnancial statement account balances. We have found that analytical procedures are more effcient and can be more effective than tests of details. Depending on the make-up of the account, we will use trend analysis, ratio analysis and/or modeling. • Final Review | The objective is to review the reasonableness of fnancial statement account balances. We use trend analysis to meet our objectives. This trend analysis is completed on fnal audited amounts. Approach to be Taken to Gain and Document an Understanding of the City's Internal Control Structure Our goal in preliminary feldwork is to gain a thorough understanding of your internal controls, processes, and procedures. The completion of these elements allows us to minimize the feldwork required to complete the audit. Approach to be Taken in Determining Laws and Regulations Subject to Audit Test Work We are required to obtain an understanding of the possible fnancial statement effect of laws and regulations that have a direct and material effect on the determination of fnancial statement amounts. The determination of laws and regulations are addressed in the planning stage through reading available grant documentation, client inquiries, and a preliminary review of fnance system accounts and search of the Council minutes. We also have a working knowledge of the types of laws and regulations Minnesota governments operate under. Further discussion is provided in the section Firm Qualifcations and Experience. In addition, we obtain further information about federal laws and regulations through the Assistance Listing (AL) and the U.S. Offce of Management and Budget (OMB) Compliance Supplement. Approach to be Taken in Drawing Audit Samples for Purposes of Tests of Compliance Since each program or grant agreement is different, we use a variety of statistical designs in our compliance testing. The size of the sample considers many program factors; size, maturity, complexity, level of oversight and prior audit fndings. Ultimately, our professional judgment determines that a representative number of transactions have been selected. You can be confdent in our judgment because only senior level (partner, manager, and supervisor) staff makes decisions on planned compliance testing. Identifcation of Anticipated Potential Audit Problems At this time, we do not anticipate any potential audit problems. If problems did arise, we carefully work with the City to resolve the matter. 10 Technology We believe technology should enhance our service offerings, making our work less intrusive, our time with you more productive and everyone’s data more secure. The use of technology in our audit services enables us to streamline our processes and helps to automate certain functions of our work so we are able to spend more time analyzing our results and working directly with you. Through the outbreak of COVID-19, our team has been able to seamlessly move to a completely remote work environment with no loss of productivity, cooperation, or communication. Since March 17, 2020, our staff have been successfully conducting remote audit services using the latest video conferencing and secure fle sharing technology. Through Zoom, Microsoft Teams, or whatever technology your city may use, our team will continue to work through normal procedures, including regular meetings with you during the planning and feldwork phases to ensure effective collaboration with your team. Through SuraLink, you'll be able to see what documents have been uploaded, what documents are still needed, and keep track of important audit or tax workpapers securely and easily. We take the security of our clients' data - and our own - very seriously. A number of systems are in place to ensure the safety of your city’s data. We operate on a remote distributed infrastructure leveraging Microsoft’s Cloud Platform Azure. This not only allows our staff to securely work from any computer, anywhere, anytime, but also provides large-scale, cutting-edge technology and security for your data. Your data is housed in secure data centers that reside exclusively in the U.S. and not on laptops or local servers which could be stolen or misplaced. We continually provide security awareness training to our staff members to ensure they are good digital stewards of your data. In addition to this, we also consult biannually with third-party security experts to conduct risk assessments and conduct annual penetration tests. IT ALSO MEANS: All frm staff use dual All data is saved on All data is backed up All incoming emails, authentication to ensure redundant servers and continually which means attachments, and that every login to our data centers so if one we always have an extra embedded links are remote environment is server fails, another copy for safe-keeping. scanned for viruses secure and authorized. immediately takes over prior to landing in our with no data lost. inbox, which allows us to operate with more protection from phishing Our cloud platform, Azure, is globally trusted by companies and governments and emails, malware attacks,has numerous security compliance standards they adhere to. Reports of these can and other digital threats. be provided as requested. 11 Service Timeline We prepare a timeline each year for our audits. Timelines are based on when organizations are able to complete their necessary year- end work. Please see below for an anticipated timeline that identifes what you can expect, and when. Once hired we will work with you on an exact timeline that fts your needs. This is an example of a typical timeline. Additionally, the table below outlines our proposed segmentation of the engagement. NOVEMBER Client Understanding: Together, we mutually agree with management on a timeline to perform the audit. JANUARY Planning & Interim Fieldwork We will select our sample and provide information requests to management. We estimate the planning and interim feldwork taking one day. We plan to complete our interim feldwork on-site MARCH Year-end Audit & Fieldwork We will have our team conduct feldwork on-site using our outlined audit approach. We estimate that the feldwork will take 3-4 days. APRIL/MAY Reporting We will provide drafted materials for review by the end of April, including our ACFR review comments. We will conduct an exit meeting with management, followed by a presentation at a council workshop and council meeting in May. 12 Value Our fees are based upon the experience and level of the individuals to be assigned to perform the work ranging from $200- $535 per hour. Fees are also based on the assumption that you will be assisting us whenever possible with supporting documentation. We will agree to a detailed plan and prepare a list of requested schedules upon proposal acceptance. We encourage our clients to contact their Abdo team whenever questions arise, advice or guidance is needed, or project updates are available. We do not charge for these routine discussions. We want to be a resource for you – without any concerns that our meter is running. Likewise, your Abdo team will proactively reach out periodically as well as keep the lines of communication open and consistent throughout the project. In addition, we'll bill 25% upon your fscal year end, 50% once feldwork is complete, and the remainder upon completion of the work. If signifcant additional time is necessary to perform the agreed upon services, we will be sure to discuss it with you so that we can determine a new fee estimate before additional costs are incurred. We have not anticipated any additional hours for new audit or accounting standards. Accounting or standard changes may result in increased hours. The Schedule of Professional Fees and Expenses can be found in Appendix B. 13 What Our Clients Say CLIENT REFERENCES One of the things we enjoy most about our work is developing long-term relationships with our clients and watching their city thrive as we help them to evolve and grow. Our clients listed below serve as a sample of references of those we partner with for their audit and tax preparation services. Additional references are available upon request. CITY OF SHAKOPEE CITY OF ANOKA CITY OF LAKEVILLE CITY OF WOODBURY Nathan Reinhardt Brenda Springer Julie Stahl Jason Schirmacher Finance Director Finance Director Finance Director Chief Financial Offcer P 952.233.9326 P 763.576.2771 P 952.985.4481 P 651.714.3516 Engagement Partner Engagement Partner Engagement Partner Engagement Partner Bonnie Schwieger Bonnie Schwieger Brad Falteysek Brad Falteysek Date of Audit Date of Audit Date of Audit Date of Audit 2025 2025 2025 2025 Total Hours Total Hours Total Hours Total Hours 200 185 250 260 CITY OF LITTLE CANADA Sam Magureanu | Finance Director 14 15 Value-Added Services When you partner with Abdo, you get access to our entire catalog of services. Below is a selection of the additional solutions that we believe could be of great value to your city. If you need any of these services, please reach out to us so we can help! Our additional service offerings can be found at www.abdosolutions.com. HR & PAYROLL SERVICES We help employers better support their most valuable resource - their people.Having clear and consistent HR practices that best suit the individuality of your city is key, even more so in today’s tight employment environment. And because the right policies are just as important, we lend our HR expertise to help you strategically plan for your future. We help cities with: • Employee management and development • Regulatory compliance • Benefts analysis and administration, including the Affordable Care Act (ACA) and workers’ compensation • HR/Payroll software implementation and management • Advisory services such as specialized labor cost analysis, compensation studies, and HR process development and implementation PROCESS SOLUTIONS “Because we’ve always done it that way” is an easy trap to fall into.But outdated processes or systems might not be delivering the best results and cause redundancies, unreliable outcomes, and frustrated staff. An ineffective process can become your Achilles' heel in a crisis. Our customized process improvement solutions will meet you where you are - and guide you to a better tomorrow. Our process solution services include: • Process Mapping Documentation -How do transactions and data fow through your city? • Abdo ProEval -Removing waste in your processes allows your team members to focus on what they were hired to do - and to spend more time on value-added initiatives. • Abdo ProEval - Kaizen -Does the project seem too large, or the change too overwhelming? The Kaizen approach is a pared-down version of our ProEval service. Instead of a full operational review, we’ll focus on one aspect of your operation. • Software Inventory & Assessment -Including recommendations for increasing effciency and, if possible, reducing software-related costs. 15 Why Partner with Abdo LIGHTING THE PATH FORWARD In a world of ever-changing complexity, people need caring, empathetic, and highly skilled professionals they can depend on to provide the right advice and solutions for them. Our clients seek growth and success, but also want security and confdence. For over 60 years, Abdo has provided insights for our clients to help them achieve their goals. That same innovative spirit is also what has earned us the title of being one of the top accounting frms in the Midwest. Abdo is a better frm today because of the efforts we made to support a culture driven by our core values of growth, relationships, and teamwork. With this foundation in place, we have successfully helped our clients identify and break through their own growth barriers. Every challenge they face is an opportunity for us to listen, understand and empower them with solutions and a plan to achieve their goals. It’s fulflling to serve as the catalyst that helps them overcome obstacles that block their progress. When it comes to our working relationships, we are partners. We’re confdants. We’re the catalyst that sparks true business growth, providing guidance through every challenge and opportunity along the way. “Listening to our clients’ needs, understanding their challenges, and adjusting how we work together is key to our partnership with the people we serve.” --Steve McDonald, CPA | Managing Partner THE ABDO DIFFERENCE At Abdo, we believe in the importance of relationships. This core value is the foundation of our approach to delivering the best experience and outcomes for our clients. It’s inherent in our people and the way we work. We know that for our clients to be successful, it takes more than having experience and credentials – we take the time to listen to their unique motivations, goals, and challenges. We truly care about their journey and where their path leads. Learn more on our website 16 17 18 License & Independence LICENSED TO PRACTICE Abdo and its entire CPA staff hold licenses to practice in a variety of states across the country. All licenses are in good standing and each staff member maintains an annual cycle of continued professional education as required by CPA licensure. Our CPAs are all members in good standing with the Society of CPAs in the state in which they live and work. They are also members of the American Institute of Certifed Public Accountants (AICPA) which helps our team stay up to date on regulations and industry standards. This commitment to continual improvement refects our Firm’s core value of growth and development and helps ensure that the work we are proposing here is held to the highest industry standards. INDEPENDENCE Our standards require that we be without bias with respect to your operations. Abdo (the Firm) is independent of City of Eden Prairie as defned by auditing standards generally accepted in the United States of America. The Firm is a member of the American Institute of Certifed Public Accountants Division of Firms and has received an unmodifed opinion on its Peer Review, a copy of which is attached to this proposal in Appendix D. Our Peer Review was completed in 2023 and resulted in a pass rating. The Firm has not had any federal or state desk reviews or feld reviews of its audits in the last three years. We have had no disciplinary action taken or pending against the Firm during the past three years with state regulatory bodies or professional organizations. We maintain library facilities which include current professional literature and specifc information for the industries that we serve. The frm library is also reviewed as part of the external quality review program. 19 Appendix A PROPOSER GUARANTEES & WARRANTIES 20 Proposer Guarantees & Warranties 1. Proposer warrants that it is willing and able to comply with State of Minnesota Laws with respect to foreign (non-State of Minnesota) corporations. 2. Proposer warrants that it is willing and able to obtain an “errors and omissions” insurance policy providing a prudent amount of coverage for the willful or negligent acts, or omissions of any offcers, employees or agents thereof. 3. Proposer warrants that it will not delegate or subcontract its responsibilities under an agreement without the prior written permission of the City of Eden Prairie, Firefghter Relief Association, and the Fencing Consortium located in Eden Prairie, Minnesota. 4. Proposer certifes that it can and will provide and make available at a minimum, all services set forth in Section II, Nature of Services Required. 5. Proposer warrants that all information provided in this proposal is true and accurate. Signature of Offcial: Name: Bonnie Schwieger, CPA Title: Partner Firm: Abdo Date: September 02, 2026 21 Appendix B SCHEDULE OF PROFESSIONAL FEES AND EXPENSES 22 HOURS STANDARD HOURLY RATES QUOTED HOURLY RATES TOTAL Subtotal * Total Hours for the City, Fire Relief and Fencing Consortium 313 Single Audit (Per Major $6,000 Program) Fire Relief Association 990 $3,000 Rounding (186) TOTAL ALL-INCLUSIVE MAXIMUM PRICE FOR THE AUDIT $71,750 Total all-inclusive maximum price for 2026 City audit $56,500 Total all-inclusive maximum price for 2027 City audit $58,250 Total all-inclusive maximum price for 2028 City audit $60,100 Total all-inclusive maximum price for 2026 Fire Relief audit $12,500 Total all-inclusive maximum price for 2027 Fire Relief audit $13,250 Total all-inclusive maximum price for 2028 Fire Relief audit $14,000 Total all-inclusive maximum price for 2026 Fencing Consortium audit $2,750 Total all-inclusive maximum price for 2027 Fencing Consortium audit $3,000 Total all-inclusive maximum price for 2028 Fencing Consortium audit $3,250 23 Partner 23 $510 $357 $8,211 Manager/Supervisor 70 $310 $217 $15,190 Accounting Staff 215 $255 $179 $38,485 Support Staff 5 $110 $110 $550 Appendix C STANDARD AGREEMENT FOR PROFESSIONAL SERVICES - SAMPLE 24 25 26 27 28 29 30 31 32 33 34 35 36 37 Appendix D PEER REVIEW REPORT 38 39 40 Appendix E TEAM BIOGRAPHIES 41 Bonnie Schwieger CPA Partner bonnie.schwieger@abdosolutions.com Direct Line 952.715.3065 TEAM MEMBER BIO Bonnie joined the Firm in 2012 after graduating from Minnesota State University, Mankato. Her work includes assisting in the audits of several local governments, charter schools, schools districts, utility commissions and housing authorities. She also conducts Single Audits for her clients. Bonnie has spoken at several professional events and conferences on a variety of governmental accounting topics, including Governmental Accounting Standard updates, audit preparation best practices and grant compliance. Within our frm, she is a member of the GASB standard implementation committee. EDUCATION • Bachelor of Science in Accounting, Minnesota State University – Mankato • Associate of Arts in Accounting, South Central College - Mankato • Continuing professional education as required by the AICPA and U.S. Government Accountability Offce PROFESSIONAL MEMBERSHIPS • American Institute of Certifed Public Accountants • Minnesota Government Finance Offcers Association • Minnesota Society of Certifed Public Accountants QUALIFICATIONS • 13 years of experience auditing local governments and schools in Minnesota • Several years of experience assisting cities with long term fnancial planning. • Over 90 percent of billable time relates to governmental clients • Certifed in Microsoft Excel abdosolutions.com | Edina, MN - Mankato, MN - Scottsdale, AZ 42 43 Brad Falteysek CPA Government Partner brad.falteysek@abdosolutions.com Direct Line 952.715.3004 TEAM MEMBER BIO Brad joined the Firm in 1998. He graduated Cum Laude from Winona State University, and worked for two years with the Minnesota Offce of the Legislative Auditor’s Offce. He is registered and licensed to practice as a CPA in Minnesota. His work includes audit and accounting for many of the Firm’s governmental clients, including audits regulated under Uniform Guidance. EDUCATION • Bachelor of Science in Accounting, Winona State University ◦ Minor in Economics ◦ Graduated Cum Laude • Continuing professional education as required by the AICPA and U.S. Government Accountability Offce PROFESSIONAL MEMBERSHIPS • Minnesota Government Finance Offcers Association ◦ At-large Board Member in 2023 • Minnesota Society of Certifed Public Accountants • American Institute of Certifed Public Accountants • Minnesota Association of School Business Offcials • Government Finance Offcers Association QUALIFICATIONS • 26 years of experience auditing local governments and schools in Minnesota • Over 90 percent of billable time related to governmental clients • Experienced in municipal government utility rate studies, long-term fnancial plans and budgeting assistance • Presented at the Minnesota Association of School Business Offcials Annual Conference, the Minnesota Government Finance Offcers Association Annual Conference, and the Minnesota Clerks and Finance Offcers Association Annual Conference abdosolutions.com | Edina, MN - Mankato, MN - Scottsdale, AZ 44 45 Alex Trippel Manager alex.trippel@abdosolutions.com Direct Line 952.393.3216 TEAM MEMBER BIO CPA Alex joined the Firm in 2022 after completing his accounting degree from the University of St. Thomas. Prior to starting full-time in January 2022, he was a government intern for Abdo in January 2021. Alex works with the Firm's government clients, including school districts, charter schools, and local governments in annual auditing, as well as utility rate studies and TIF reporting. EDUCATION • Bachelor of Arts in Accounting, University of St. Thomas ◦ Dean’s List • Continuing professional education as required by the AICPA and U.S. Government Accountability Offce PROFESSIONAL MEMBERSHIPS • American Institute of Certifed Public Accountants • Minnesota Society of Certifed Public Accountants QUALIFICATIONS • 5 years of experience auditing local governments and schools in Minnesota • Experience in preparation of utility rate studies and Tax Increment Financing (TIF) reports • Works extensively with Microsoft Offce and several accounting software abdosolutions.com | Edina, MN - Mankato, MN - Scottsdale, AZ 46 47 Kimberly Dauer Supervisor kimberly.dauer@abdosolutions.com Direct Line 507.304.6842 TEAM MEMBER BIO Kimberly joined the frm in 2011 as a Senior Associate. She specializes in working on the governmental audits of the Firm’s fre reliefs as well as gambling compliance audits. During her time with Abdo, she has also worked on the preparation of business and nonproft tax returns, compilations and audits, payroll processing and QuickBooks consulting. EDUCATION • Hennepin Technical College, Accounting • Continuing professional education AFFILIATIONS • Graduate of Elizabeth Kearney Women's Leadership Program - YWCA Mankato QUALIFICATIONS • 20+ years of payroll processing experience • 8 years of experience auditing fre relief in Minnesota • 8 years of experience performing gambling compliance audits in Minnesota • Non-Proft Forms 990 and 990T abdosolutions.com | Edina, MN - Mankato, MN - Scottsdale, AZ 48 Robbie Smith Senior Associate robbie.smith@abdosolutions.com Direct Line 952.715.3022 TEAM MEMBER BIO Robbie joined the Firm in 2022 as an Associate with the Government group after completing his accounting and fnance degree from Southwest Minnesota State University. His work includes assisting in the audits of many of the Firm’s governmental clients. Prior to joining Abdo, Robbie spent two springs as a tax and audit intern at a frm in Marshall, Minnesota and one summer as a cost accounting intern for a cabinet manufacturer in Waconia, Minnesota. EDUCATION • Bachelor of Science in Accounting and Finance, Southwest Minnesota State University ◦ Summa Cum Laude • Master of Business Administration degree, Southwest Minnesota State University ◦ Concentration in Leadership • Continuing professional education as required by the AICPA and U.S. Government Accountability Offce MEMBERSHIPS • GFOA Associate QUALIFICATIONS • 4+ years of experience in auditing local governments and schools in Minnesota • 1 year of experience in audit and attest services primarily for farms and small businesses • Over 90 percent of billable time relates to governmental clients • Works extensively with Microsoft Offce • Experience in annual TIF reporting for local municipals abdosolutions.com | Edina, MN - Mankato, MN - Scottsdale, AZ 49 50 Hannah Anderson Associate hannah.anderson@abdosolutions.com Direct Line 952.979.1173 TEAM MEMBER BIO Hannah joined the Firm full-time after graduating from Bemidji State University. Prior to joining Abdo full-time, she was a government intern during the 2023 city audit season. EDUCATION • Bachelor of Science in Accounting, Bemidji State University • Continuing professional education as required by the AICPA and U.S. Government Accountability Offce QUALIFICATIONS • 2 years of experience auditing local governments and schools in Minnesota • Over 90 percent of billable time relates to governmental clients • Works extensively with Microsoft Offce and multiple accounting software programs abdosolutions.com | Edina, MN - Mankato, MN - Scottsdale, AZ 51 52 Alex Wittwer Associate alex.wittwer@abdosolutions.com Direct Line 952.715.3008 TEAM MEMBER BIO Alex joined the Firm in 2022 as an intern before joining Abdo full-time in 2025 after completing his accounting degree from Minnesota State University - Mankato. EDUCATION • Bachelor of Arts in Accounting, Minnesota State University - Mankato ◦ Graduated Cum Laude, Dean's List, NSIC Academic All-Conference • Bachelor of Science in Accounting, Minor in Entrepreneurship and Innovation, Minnesota State University – Mankato ◦ Dean’s List, Magna Cum Laude, Beta Alpha Psi, Presidential Scholar • Continuing professional education as required by the AICPA and U.S. Government Accountability Offce QUALIFICATIONS • Less than one year of experience serving government entities in Minnesota • Prior to serving government entities in Minnesota, 1 year of experience serving for-proft, manufacturing entities. abdosolutions.com | Edina, MN - Mankato, MN - Scottsdale, AZ 53 54 City of Eden Prairie Request for Proposals Professional Auditing Services For Fiscal Years Ending 2026, 2027, 2028 July 27, 2026 City of Eden Prairie 8080 Mitchell Road Eden Prairie, MN 55344 Shannon Melville Accountant, Finance Division Phone: (952) 949-8308 smelville@edenprairiemn.gov www.edenprairiemn.gov TABLE OF CONTENTS 1. INTRODUCTION A. GENERAL INFORMATION B. TERMS OF ENGAGEMENT C. SUBCONTRACTING 2. NATURE OF SERVICES REQUIRED A. SCOPE OF WORK TO BE PERFORMED B. AUDITING STANDARDS TO BE FOLLOWED C. REPORTS TO BE ISSUED D. WORKING PAPER RETENTION AND ACCESS TO WORKING PAPERS E. CONTRACT TERMINATION 3. DESCRIPTION OF THE GOVERNMENT A. CONTACT PERSON B. BACKGROUND INFORMATION C. FEDERAL AND STATE ASSISTANCE D. COMPONENT UNITS 4. TIME REQUIREMENTS A. ANTICIPATED PROPOSAL CALENDAR B. SCHEDULE FOR THE 2026 FISCAL YEAR AUDIT C. ASSISTANCE PROVIDED TO THE AUDITOR 5. PROPOSAL REQUIREMENTS A. GENERAL REQUIREMENTS B. REQUIRED COMPONENTS C. TECHNICAL PROPOSAL 6. EVALUATION PROCEDURES A. MANDATORY ELEMENTS B. TECHNICAL QUALIFICATIONS C. PRICE D. ORAL PRESENTATIONS E. FINAL SELECTION ATTACHMENT A PROPOSER GUARANTEES AND WARRANTIES ATTACHMENT B SCHEDULE OF PROFESSIONAL FEES AND EXPENSES ATTACHMENT C SAMPLE COPY OF STANDARD AGREEMENT FOR PROFESSIONAL SERVICES ATTACHMENT D EDEN PRAIRIE FIRE RELIEF ASSOCIATION AUDITED FINANCIAL STATEMENTS FOR THE YEAR ENDED DECEMBER 31, 2025 ATTACHMENT E FENCING CONSORTIUM AUDITED FINANCIAL STATEMENTS FOR THE YEAR ENDED DECEMBER 31, 2025 1. INTRODUCTION A. GENERAL INFORMATION The City of Eden Prairie is requesting proposals from qualified firms of certified public accountants to audit the financial statements for the City, the Eden Prairie Firefighter Relief Association, and the Fencing Consortium for the years ending December 31, 2026, 2027 and 2028 with an option of auditing the financial statements for each of the three subsequent years, 2029, 2030, and 2031. The audit of the City is to be performed in accordance with auditing standards generally accepted in the United States of America, the standards applicable to financial audits contained in Government Auditing Standards issued by the Comptroller General of the United States, the provisions of the federal Single Audit Act and U.S. Office of Management and Budget (OMB) Circular A-133, Audits of State and Local Governments as well as all other federal, state and local requirements in effect now or placed in effect during the engagement. To be considered, a digital copy of the proposal must be received by Shannon Melville, Finance Division, smelville@edenprairiemn.gov by 4:30 p.m. on Monday, August 17, 2026. The City reserves the right to reject any or all proposals submitted. The City reserves the right, where it may serve the City’s best interest, to request additional information or clarifications from proposers, or to allow corrections of errors or omissions. At the discretion of the City, firms submitting proposals may be requested to make oral presentations as part of the evaluation process. The City reserves the right to retain all proposals submitted and to use any ideas in a proposal regardless of whether that proposal is selected. Submission of a proposal indicates acceptance by the firm of the conditions contained in this request for proposal (RFP), unless clearly and specifically noted in the proposal submitted. All questions and requests for clarification should be submitted by email to smelville@edenprairiemn.gov no later than August 14, 2026. Firms shall not contact any other City staff with any questions or inquiries. Only information that the City provides in writing will be binding. All responses will be sent to each firm which has been provided with a copy of this RFP. Upon receipt of the RFP from any source, firms should immediately contact the City and provide its name and email address so that amendments to the RFP or other communications can be sent to it. The City reserves the right to amend this RFP prior to the deadline for proposal submission. Any amendment shall be in writing and shall be provided to each firm which provides its name and email address to the City. It shall be understood that all proposals, responses, inquiries, or correspondence relating to or in reference to this RFP, and all reports, charts and proposal or referencing information submitted in response to this RFP, shall become the property of the City, and will not be returned. The City is subject to the Minnesota Government Data Practices Act, Minnesota Statute Chapter 13, and all information submitted shall be disclosed as required by the Act. B. TERMS OF ENGAGEMENT An initial three-year contract with the City is contemplated, subject to annual review of performance by the City. In the event of unsatisfactory performance, or when in the best interest of the City, proposals may be solicited before the end of the three-year period. An optional three-year renewal may be considered beyond the initial three-year contract. Contract renewal will be at the sole discretion of the City with scope of services and pricing to be negotiated. The City may select a formal bid process after the initial three- year contract. Formal bidding is required after six consecutive years of service. The contract shall be in the form of the City’s Agreement for Professional Services (Attachment C). The City reserves the right to negotiate all terms and conditions of the contract. In the event the City and the firm are unable to agree upon all contract provisions, the City reserves the right to cease negotiations, reject the firm’s proposal, and proceed to negotiate with the next selected firm. C. SUBCONTRACTING No subcontracting will be allowed without the express prior written consent of the City. 2. NATURE OF SERVICES REQUIRED A. SCOPE OF WORK TO BE PERFORMED The City of Eden Prairie desires the auditor to express an opinion on the fair presentation of its basic financial statements in conformity with generally accepted accounting principles. For the City of Eden Prairie, the auditor is required to audit the basic financial statements, required supplementary information, combining and individual fund statements as well as assist the City in responding to prior-year comments from the GFOA relating to the Certificate of Achievement for Excellence in Financial Reporting. The City also desires the firm to review the presentation of the statistical section of the comprehensive annual financial report, in so far as current generally accepted auditing standards require such review. The auditor is not required to audit the schedule of expenditures of federal awards if such audit is not triggered by the threshold of funding received by the City. For the Eden Prairie Firefighter Relief Association, the auditor is required to audit the financial statements and prepare the reports listed below. B. AUDITING STANDARDS TO BE FOLLOWED To meet the requirements of this request for proposal, the audit shall be performed in accordance with: • Generally accepted auditing standards as set forth by the American Institute of Certified Public Accountants (AICPA) • The standards for financial audits as set forth in the U.S. General Accounting Offices’ (GAO) Government Auditing Standards • The provisions of U.S. Office of Management and Budget (OMB) Circular A-133 • The provisions of the Minnesota Legal Compliance Audit Guide for Local Government • Any other federal, state and local requirements in effect now, or placed into effect during the engagements C. REPORTS TO BE ISSUED Following the completion of the audit of the fiscal year’s financial statements, the auditor shall: 1. Issue an opinion letter on the City’s basic financial statements in conformity with auditing standards generally accepted in the United States of America. 2. Issue a report on the consideration of the City’s internal control over financial reporting. 3. Issue a report on the City’s compliance with applicable laws and regulations. 4. Communicate in a letter to management of any reportable conditions found during the audit. 5. If applicable, issue a report on the Schedule of Expenditures for Federal Awards required by OMB Circular A-133. If a single audit is needed, the schedule of federal financial assistance and related auditors’ report, as well as the reports on internal controls and compliance, will not be included in the ACFR. They will be the responsibility of the auditor. 6. Prepare forms FIRE-19 (Financial Investment and Reporting), IRS 990 and SC-99 (Schedules 1 and 2) for the Firefighter Relief Association. 7. Prepare any other requested or required reports agreed upon in the annual engagement letter. 8. Ensure that the partner in charge of the audit and/or the Audit Manager is available to attend public meetings for discussion of the final report should his/her attendance be requested by the City Council. An exit conference with the City Manager and Finance staff will be conducted by the auditor in charge. At the exit conference, findings and recommendations regarding compliance and internal controls shall be discussed. The audit firm shall be required to make an immediate written report to the Finance Manager, City Manager, and City Council on all irregularities and illegal acts or indications of illegal acts of which they become aware during the audit. If it should become necessary for the City to request the auditor to render any additional services to either supplement the services requested in this RFP or to perform additional work as a result of the specific recommendations included in any report issued on this engagement, then such additional work shall be performed only if set forth in an addendum to the contract between the City and the firm. Any such additional work agreed to between the City and the firm shall be performed at the same rates set forth in the schedule of fees and expenses included in the dollar cost bid. Such additional work may include aiding City finance staff to ensure compliance with new accounting pronouncements. D. WORKING PAPER RETENTION AND ACCESS TO WORKING PAPERS All working papers and reports must be retained, at the auditor’s expense, for a minimum of six (6) years following the issuance of an opinion, unless the firm is notified in writing by the City of the need to extend the retention period. The auditor will be required to make working papers available, upon request. In addition, the firm shall respond to the reasonable inquiries of successor auditors and allow successor auditors to review working papers relating to matters of continuing accounting significance. E. CONTRACT TERMINATION Either party may cancel the contract for an audit year by giving notice in writing to the other party at least ninety (90) days prior to January first of the audit year. 3. DESCRIPTION OF THE GOVERNMENT A. CONTACT PERSON The auditor's principal contact with the City will be: Stephanie Feind, Finance Supervisor (952) 949-8386 sfeind@edenprairiemn.gov B. BACKGROUND INFORMATION The City of Eden Prairie operates under a Statutory Plan B form of government. Policymaking and legislative authorities are vested in the governing council, which consists of a mayor and four-member council. For 2026, the City has approximately 300 full-time equivalent employees and a General Fund operating budget of approximately $64 million. There are nine employees in the Finance division including a Finance Manager, Finance Supervisor, one full-time Accountant, two part-time Accountants, an Accounts Payable Specialist, a Finance Specialist, and two Utility Billing Specialists. The City’s accounting system, consisting of the General Ledger, Payroll, Accounts Payable, Accounts Receivable, Fixed Assets and Utility Billing systems, is fully automated. Budgets are recorded in the automated accounting system. Moody's Investors Service has assigned an Aaa rating for the City’s debt instruments. Standard and Poor’s Financial Services has also assigned an AAA rating. More information about the City can be obtained on our web site at www.edenprairiemn.gov. Additional information on the Eden Prairie Fire Relief Association can be found in the Eden Prairie Firefighter Relief Association’s Audited Financial Statements for the year ended December 31, 2025, which are included in the RFP package (Attachment D). C. FEDERAL AND STATE ASSISTANCE In 2026, the City received federal funds from the Department of Housing and Urban Development for the community development block grant as well as the Department of Justice for a public safety mobile command vehicle. Although a Single Audit was not required in 2025, one will be required in 2026. The successful candidate would be able to provide Single Audit services when needed. D. COMPONENT UNITS The City is responsible for one component unit. The Housing and Redevelopment Authority (HRA) is reported as a special revenue fund within the City’s Annual Comprehensive Financial Report. 4. TIME REQUIREMENTS A. ANTICIPATED PROPOSAL CALENDAR The following is a list of proposed key dates regarding the selection process: Due date for proposals 4:30 p.m. Monday, August 17 Staff Review / Interviews August 18 – 28 City Council Approval September 1 or 15 B. SCHEDULE FOR THE 2026 FISCAL YEAR AUDIT An entrance conference is requested by the City in November 2026 to discuss prior audit issues (if applicable) and interim work to be performed. By January 31, 2027 the City should be provided with a detailed audit plan including a complete list of schedules to be prepared by City staff. The City requests interim work to be completed in February 2027 with the schedule to be determined upon completion of the selection process. It is desirable to complete as much work as possible on an interim basis. The City will have the accounting records ready for audit in March. The City anticipates an audit start date of March 22, 2027. The City of Eden Prairie will prepare its own financial statements. The auditor is responsible for reviewing and editing the financial statements. The auditor shall have drafts of the audit reports and final recommendations to management available for review by the end of April. Progress conferences will be scheduled by the auditor as needed to discuss the status of fieldwork and any issues. A 30-minute council workshop followed by a 10–15 minute presentation with visuals at the Council meeting is anticipated in May. C. ASSISTANCE PROVIDED TO THE AUDITOR City staff will complete and balance all accounts at year-end and prepare audit confirmations as directed by the auditor. The City will provide staff assistance to the auditor as is reasonably available and will furnish the following information and work papers in conjunction with the audit engagement. • Trial balances for all funds subject to the audit • Detailed reconciling records and other information as required by the auditing firm and mutually agreed upon The City will provide the auditor with reasonable workspace if an in-person audit is desirable. Remote field work will be considered. Please note in your cost proposal whether the fieldwork will be in-person or remote. 5. PROPOSAL REQUIREMENTS A. GENERAL REQUIREMENTS Proposals must be submitted by 4:30 p.m. on Monday, August 17, 2026 to Shannon Melville, Finance Division, smelville@edenprairiemn.gov. B. REQUIRED COMPONENTS Proposals shall include the following: 1. Title Page showing the request for proposals’ subject; the firm’s name; the name, address and telephone number of the contact person; and the date of the proposal. 2. Table of Contents 3. Signed Letter of Transmittal briefly stating the proposers understanding of the work to be done, the commitment to perform the work within the time period, a statement about why the firm believes itself to be best qualified to perform the engagement and a statement that the proposal is a firm and irrevocable offer for the three-year period. 4. Technical Proposal which follows the order and contents outlined in Section 5c below. 5. Proposer Guarantees and Warranties executed copy (Attachment A). The selected audit firm will be required to provide proof of insurance satisfactory to the City for all applicable insurance in the amounts specified in the Professional Services Agreement. No proposal may contain a limitation on liability except for exclusion of punitive damages. 6. Schedule of Professional Fees and Expenses completed copy (Attachment B). The City will not be responsible for expenses incurred in preparing and submitting the proposal. Such costs should not be included in the proposal. 7. Professional Services Agreement (Attachment C). An executed copy will be required only from the selected firm. During the bidding process, firms should reference the sample Professional Services Agreement (Attachment C) to ensure their ability to meet all the requirements outlined in the agreement. C. TECHNICAL PROPOSAL The purpose of the Technical Proposal is to demonstrate the qualifications, competence and capacity of the firms seeking to undertake an independent audit of the City in conformity with the requirements of this RFP. As such, the substance of proposals will carry more weight than their form or manner of presentation. The Technical Proposal should demonstrate the qualifications of the firm and of the staff to be assigned to this engagement. It should also specify an audit approach that will meet the RFP requirements. The proposal should address all the points outlined in the RFP. The proposal should be prepared simply and economically, providing a straightforward, concise description of the proposer's capabilities to satisfy the requirements of the RFP. While additional data may be presented, the following subjects must be included. They represent the criteria against which the proposal will be evaluated. 1. Independence – The firm should provide an affirmative statement that it is independent of the City as defined by generally accepted auditing standards of the U.S. General Accounting Office's Government Auditing Standards. The firm should also list and describe the firm’s professional relationship involving the City, its component units, or any of its agencies for the past five (5) years, together with a statement explaining why such relationships do not constitute a conflict of interest relative to performing the proposed audit. In addition, the firm shall give the City written notice of any professional relationships involving the City, its component units, or its agencies entered into during the period of this agreement. 2. License to Practice in Minnesota – An affirmative statement should be included that the firm and all assigned key professional staff are properly registered and licensed to practice in Minnesota. 3. Firm Qualifications and Experience -- The proposer should state the size of the firm, the size of the firm's governmental audit staff, the location of the office from which the work on this engagement is to be performed, and the number and nature of professional staff to be employed on this engagement. The firm is also required to submit a copy of its most recent external quality control review, with a statement whether that quality control review included a review of specific government engagements. The firm shall also provide information on the results of any federal or state desk reviews or field reviews of its audits during the past three (3) years. In addition, the firm shall provide information on the circumstances and status of any disciplinary action taken or pending against the firm during the past three (3) years with state regulatory bodies or professional organizations. 4. Partner, Supervisory, and Staff Qualifications and Experience -- Identify the principal supervisory and management staff, including engagement partners, managers, other supervisors and specialists, who would be assigned to the engagement. Indicate whether each such person is licensed to practice as a certified public accountant in Minnesota. Provide information on the government auditing experience of each person, including information on relevant continuing professional education for the past three (3) years and membership in professional organizations relevant to the performance of this audit. Provide as much information as possible regarding the number, qualifications, experience and training, including relevant continuing professional education, of the specific staff to be assigned to this engagement. Indicate how the quality of staff over the term of the agreement will be assured. Audit personnel may be changed at the discretion of the proposer provided replacements have substantially the same or better qualifications or experience. The City retains the right to approve or reject proposed replacements. 5. Specific Audit Approach – The proposer should provide a work plan, including an explanation of the audit method to be followed. Information on the audit method should include sample sizes and extent to which statistical sampling is used, the type and extent of analytical procedures to be used, approach to document an understanding of the internal controls, and approach to legal compliance test work. 6. Similar Engagements with Other Governmental Entities - For the firm’s office that will be assigned responsibility for the audit, list the most significant engagements performed in the last three (3) years that are similar to the engagement described in this RFP and are awarded the GFOA Certificate of Achievement for Excellence in Financial Reporting. These engagements should be ranked based on total staff hours. Indicate the scope of work, date, engagement partners, total hours, and the name and telephone number of the principal client contact. 7. Report Format and Acknowledgement – The proposal should include sample formats for required reports, an acknowledgement of the required audit schedule, and a statement to the firm’s ability to meet the schedule. 8. Identification of Anticipated Potential Audit Problems – The proposal should identify and describe any anticipated potential audit problems, the firm’s approach to resolving these problems, and any special assistance that will be requested from the City. 6. EVALUATION PROCEDURES Proposals submitted will be evaluated by the Finance Manager, Finance Supervisor, and other key finance employees as needed, and the Firefighter Relief Association Treasurer. The City reserves the right to negotiate and award only a portion of the requirements. The Firefighter Relief Association may choose a different auditor. Hence, proposals should include a cost for these services as a separate item from the other services that are to be provided. Space is provided on the Schedule of Fees and Expenses (Attachment B). Proposals will be evaluated using three sets of criteria. Firms meeting the mandatory criteria will have their proposals evaluated for both technical qualifications and price. The following represent the principal selection criteria which will be considered during the evaluation process. A. MANDATORY ELEMENTS 1. The audit firm is independent and licensed to practice in Minnesota. 2. The firm has no conflict of interest regarding any other work performed by the firm for the City. 3. The firm adheres to the instructions in this RFP on preparing and submitting the proposal. 4. The firm submits a copy of its last external quality control review report, has a record of quality audit work, and can meet scheduled deadlines. B. TECHNICAL QUALIFICATIONS 1. Expertise and Experience i. The firm's experience and performance on comparable government engagements ii. The quality of the firm's professional personnel to be assigned to the engagement and the quality of the firm's management support personnel to be available for technical consultation iii. The firm’s expertise with the GFOA Certificate of Achievement in Financial Reporting program 2. Audit Approach i. Adequacy of a proposed staffing plan for various segments of the engagement ii. Adequacy of sampling techniques iii. Adequacy of analytical procedures C. PRICE D. ORAL PRESENTATIONS During the evaluation process the City may, at its discretion, request any or all firms to make oral presentations. Such presentations will provide firms with an opportunity to answer any questions the City may have regarding the firm’s proposal. Interviews are tentatively planned to be held the week of August 24. E. FINAL SELECTION Staff will recommend to the City Council the appointment of an independent CPA firm judged to be in the best interests of the City. The final decision with respect to the appointment will be made by the City Council. ATTACHMENT A PROPOSER GUARANTEES AND WARRANTIES I. The proposer certifies it can and will provide and make available, as a minimum, all services set forth in the RFP. II. Proposer warrants that it is willing and able to obtain an errors and omissions insurance policy providing coverage for the willful or negligent acts, or omissions of any officers, employees or agents thereof in the amounts specified in the Professional Services Agreement (Attachment C). III. Proposer warrants that it will not delegate or subcontract its responsibilities under the agreement without the prior written permission of the City of Eden Prairie, the Firefighter Relief Association, and the Fencing Consortium. IV. Proposer warrants that all information provided by it in connection with this proposal is true and accurate. Signature of Official: ___________________________________ NAME (TYPED): _________________________________________ Title: ________________________________________________ Firm: ________________________________________________ Date: ________________________________________________ ATTACHMENT B SCHEDULE OF PROFESSIONAL FEES AND EXPENSES Partners Manager(s) Supervisor(s) Staff Other: _________________ specify Subtotal Other (specify fees): Single Audit Fees, if required Total all-inclusive maximum price for 2026 City audit Total all-inclusive maximum price for 2027 City audit Total all-inclusive maximum price for 2028 City audit Total all-inclusive maximum price for 2026 Fire Relief audit Total all-inclusive maximum price for 2027 Fire Relief audit Total all-inclusive maximum price for 2028 Fire Relief audit Total all-inclusive maximum price for 2026 Fencing Consortium audit Total all-inclusive maximum price for 2027 Fencing Consortium audit Total all-inclusive maximum price for 2028 Fencing Consortium audit ATTACHMENT C SAMPLE COPY OF STANDARD AGREEMENT FOR PROFESSIONAL SERVICES ATTACHMENT D EDEN PRAIRIE FIRE RELIEF ASSOCIATION AUDITED FINANCIAL STATEMENTS FOR THE YEAR ENDED DECEMBER 31, 2025 ATTACHMENT E FENCING CONSORTIUM AUDITED FINANCIAL STATEMENTS FOR THE YEAR ENDED DECEMBER 31, 2025 The seven-county metro area has formed a Fencing Consortium to provide anti-scale fencing. The intent of the Consortium is to provide anti-scale fencing within hours around potentially impacted government buildings in response to a critical incident. The Consortium is funded by membership dues and part of the City of Eden Prairie’s custodial funds. A lower audit threshold is required for the Consortium. City Council Agenda Cover Memo Date: Sept 15, 2026 Section: Consent Calendar Item Number: VII.B. Department: Information Technology ITEM DESCRIPTION Approve three-year agreement with Marco for SIP Trunking as a Service (STaaS). REQUESTED ACTION Move to: Approve three-year agreement with Marco for SIP Trunking as a Service (STaaS) for a monthly payment of $1,300.00. SUMMARY The City of Eden Prairie upgraded from PRI to SIP with BCMOne in 2024. The IT division is recommending moving SIP services to Marco. Marco has been the phone provider for the city for over 15 years and is currently responsible for maintenance and upgrade of all Mitel equipment including physical phones and controllers. This move will enable us to work with a single vendor for all telephony requirements. One-time expense for Trunking Implementation fees: $500.00 Recurring payments monthly with applicable taxes: $1,300.00 ATTACHMENTS Marco SIP agreement Tony Seeman Prepared By: Technology Advisor 800-892-8548 ext. 2269 tony.seeman@marconet.com Quote Number: 224532 PROPOSAL FOR CITY OF EDEN PRAIRIE ADITI SALUNKE July 2, 2026 SCHEDULE A - SCHEDULE OF PRODUCTS TO PRODUCT AGREEMENT(S) IT - Carrier (SIP) replacement -- CITY OF EDEN PRAIRIE Prepared by:Prepared for:Ship To:Quote Information: Marco - Twin Cities CITY OF EDEN PRAIRIE CITY OF EDEN PRAIRIE Quote #: 224532 Tony Seeman 800-892-8548 ext. 2269 tony.seeman@marconet.com 8080 MITCHELL RD EDEN PRAIRIE, MN 55344 ADITI Salunke 952.949.8520 asalunke@edenprairiemn.gov 8080 MITCHELL RD EDEN PRAIRIE, MN 55344-2203 ADITI Salunke 952.949.8520 asalunke@edenprairiemn.gov Version: 1 Date Issued: 07/02/2026 Expiration Date: 08/31/2026 Special Pricing Program: *PLEASE SELECT* Implementation Overview ENGAGEMENT OVERVIEW - DESIRED GOALS AND OUTCOMES - CURRENT SITUATION CITY OF EDEN PRAIRIE currently utilizes Mitel and is migrating to Marco STaaS Existing phone numbers will be ported from BCM One Solutions Consultant, validated local number portability? Yes 40 SIP Trunks with 600 DIDs COORDINATION - DESCRIPTION OF SERVICES AND DELIVERABLES A designated Project Manager (PM) will lead your project to ensure alignment, momentum, and successful delivery. Your PM owns the timeline, coordinates resources, manages scope and risk, and keeps all stakeholders informed. This role is key to ensuring a clear, smooth, and outcome-driven experience. What’s Included in your Marco Project: Initiation & Planning Align on goals, scope, milestones, and success criteria Coordinate project timeline, resources, and budget visibility Identify and prepare for project risks Execution Oversight Manage all workstreams and schedule accountability Ensure clear and consistent stakeholder communication Handle scope changes and third-party/vendor coordination, if applicable Quality & Closeout Validate key deliverables and facilitate quality checkpoints Drive issue resolution and surface lessons learned Package documentation, facilitate support hand-off and wrap-up project details 2 SCHEDULE A - SCHEDULE OF PRODUCTS TO PRODUCT AGREEMENT(S) Optional Services (Billable) End-user training Custom integrations/configurations Onsite or extended support *Certain support may be covered under a Marco Managed Services plan based on contractual agreement CLIENT RESPONSIBILITIES Unless specifically included in the Schedule of Products listed below, the customer is responsible for the following: Networking: CAT5 (or greater) network drops to all handset locations Available switch ports and power (either PoE or power outlets) for all connected devices. Voice VLANs and required IP Subnets LAN and WAN Quality of Service (QoS) Working with data circuit provider to ensure proper bandwidth and QoS markings DHCP scopes Third Party Applications/Devices: BYOD (Bring your own Device) phones, paging devices and door access equipment are supported on a best effort basis and approved prior to installation. Warranty for BYOD phones, paging devices and door access equipment Integration to third party applications are supported on a best effort basis and must be approved prior to installation Marco will ensure the handoff to the third party device/application is properly functioning, but Marco support stops beyond that Marco provided connection/device Number Porting: Please do not contact your current service providers to make changes on your account or disconnect services until specified to do so by Marco Project Management Verifying numbers for all fax, alarm and security lines - these should not be ported unless you are moving your fax to our/a hosted fax service Contact current carrier to remove any PINS, passwords, line and/or PIC/LPIC freezes from all accounts numbers will be ported from The customer must have authorized user sign the Letter of Agency for number porting, which must be the approved contact with all current carriers Obtain current copy (last 30 days) of all invoices for accounts in which numbers will be ported from (including toll free) Obtain a customer service record (CSR) from the accounts of all carriers in which numbers will be ported from (this should list all account information including service addresses). SERVICES ASSUMPTIONS, EXCLUSIONS, AND NOTES Marco will provide the below training services: a) Project Coordinator led webinar for administrative or knowledge workers for up to two (2) hours b) Phone user guides in digital form c) Online access to training videos covering handsets and general features Inaccurate information or delays in responses will impact the Go-Live Date 3 SCHEDULE A - SCHEDULE OF PRODUCTS TO PRODUCT AGREEMENT(S) STaaS Recurring Description Recurring Qty Ext. Recurring Cloud Voice Product Agreement Designated Site: 8080 Mitchell Rd, Eden Prairie, MN 55344 Standard SIP Services SIP Trunk Bundle - 23 User $368.00 1 $368.00 SIP Trunk Bundle with unlimited fair use usage policy. SIP Trunk Bundle - 24 to 49 Users $15.00 17 $255.00 SIP Trunk Bundle with unlimited fair use usage policy. UC SIP Services Additional SIP Services Individual DID Number with E911, Caller ID Name, and Number $0.75 600 $450.00 Includes one direct inward dial number or phone number. All minutes for Toll Free will be billed at $0.03 per minute. Subtotal:$1,073.00 STaaS Non-Recurring Description One-Time Qty Ext. One-Time SIP Trunking Implementation Fee $250.00 2 $500.00 SIP Trunking one time implementation charges (initial 20 trunks) Subtotal:$500.00 4 SCHEDULE A - SCHEDULE OF PRODUCTS TO PRODUCT AGREEMENT(S) Quote Summary - One-Time Expenses Description Amount STaaS Non-Recurring $500.00 Total:$500.00 Quote Summary - Expenses Description Amount STaaS Recurring $1,073.00 Total:$1,073.00 Payment Options Description Payments Interval Amount Recurring Payments 36 Monthly $1,073.00 1 One-Time $500.00 Recurring Payments + Financing ($1/out) 36-Months - Monthly Payments ($1/out)36 Monthly $1,092.75 Summary of Selected Payment Options Description Amount Recurring Payments + Financing ($1/out): 36-Months - Monthly Payments ($1/out) Selected Recurring Payment $1,092.75 5 36-Months - Monthly Payments SCHEDULE A - SCHEDULE OF PRODUCTS TO PRODUCT AGREEMENT(S) INSTALLMENT PAYMENT TERMS: AGREEMENT. Client has requested that Marco allow Client to pay for the equipment, software and/or services itemized on the Financed Items Schedule below (the “Financed Items”) in installments pursuant to these Installment Payment Terms. In consideration of Marco allowing Client to pay for the Financed Items in monthly installments pursuant to these Installment Payment Terms, Client unconditionally promises to pay Marco monthly installments in the amount (the “Monthly Installment Payments”) and for the term (the “Installment Term”) set forth above under the heading Payment Options (which payment amount also includes the monthly amount payable to Marco for services as described under the heading Quote Summary – Recurring Expenses), with the first Monthly Installment Payment due on the 30th day after Client approves the Schedule of Products which include these Installment Payment Terms, or such later date as Marco designates. If any part of the Monthly Installment Payment is not paid when due, Client agrees to pay a late charge equal to: 1) the greater of ten (10) cents for each dollar overdue or twenty-six ($26.00) dollars; or 2) the highest lawful charge, if less. Client agrees to pay Marco a one-time origination fee of up to $125. Client understands that Client is not entitled to prepay its obligations under these Installment Payment Terms. TAXES. To the extent that the Financed Items or Monthly Installment Payments are subject to sales tax or other taxes or governmental fees, Client agrees to pay such amounts as and when due. Any such amounts that are due upfront will be paid by Client over the Installment Term with a finance charge. NET AGREEMENT. CLIENT’S OBLIGATIONS TO PAY MONTHLY INSTALLMENT PAYMENTS ARE NON-CANCELABLE FOR THE ENTIRE INSTALLMENT TERM AND SUCH PAYMENT OBLIGATIONS ARE UNCONDITIONAL AND IRREVOCABLE. CLIENT AGREES THAT THE MONTHLY INSTALLMENT PAYMENTS REPRESENT ONLY THE INSTALLMENT PRICE OF THE FINANCED ITEMS, AND THAT NO OTHER GOODS OR SERVICES HAVE BEEN PROMISED TO CLIENT BY MARCO OR ANYONE ELSE IN CONSIDERATION OF THE MONTHLY INSTALLMENT PAYMENTS. CLIENT AGREES THAT IT WILL RESOLVE ANY DISPUTE CONCERNING THE FINANCED ITEMS, INCLUDING THE DELIVERY THEREOF, SOLELY WITH MARCO, AND THAT CLIENT WILL HOLD MARCO’S ASSIGNEES HARMLESS THEREFROM. SECURITY INTEREST. As security for Client’s obligations under these Installment Payment Terms and all liabilities and obligations of Client to Marco of every kind and nature, Client hereby grants to Marco a continuing security interest in (a) the Financed Items, and (b) all of Client’s presently owned and hereafter acquired inventory, all replacements and substitutions therefore, all returned and repossessed goods, all of Client’s presently owned and hereafter acquired equipment, furniture, fixtures, accounts, contract rights, chattel paper, documents and general intangibles; and all of the proceeds and products of each of the foregoing. All of the above described property shall herein be referred to as the “Collateral”. ASSIGNMENT. Client understands and agrees that following Client’s approval of these Installment Payment Terms, Marco may assign some or all of its rights under these Installment Payment Terms to a third-party financing company (“Assignee”), who will take assignment of Marco’s rights hereunder based upon Client’s unconditional promise to timely make all Monthly Installment Payments for the entire Installment Term. Client agrees that: (i) it shall have no right of set-off, for any reason, with respect to amounts payable under these Installment Payment Terms, (ii) Marco’s Assignee will have no obligations to Client, which Marco shall retain and perform; and (iii) Client shall not assert against Marco’s Assignee any claim or defense assertable against Marco or anyone else. Client shall not sell, lease or assign the Financed Items or assign its rights or obligations under these Installment Payment Terms, including without limitation, any as a result of a merger or transfer of substantially all of Client’s assets, without the prior consent of Marco. DEFAULT AND REMEDIES. If Client does not pay any sum within 10 days after its due date, or if Client breaches any other provision of these Installment Payment Terms, Client will be in default and Marco may require that Client pay: 1) all past due Monthly Installment Payments and 2) all remaining Monthly Installment Payments for the unexpired Installment Term, discounted at 3% per annum. Concurrently and cumulatively, Marco may also use all other legal remedies available to it, including foreclosing on Marco’s security interest in the Collateral. Client agree to pay all of Marco’s costs and expenses, including reasonable attorney fees, incurred in enforcing Client’s obligations under these Installment Payment Terms. Client also agree to pay interest on all past due amounts, from the due date, at 1.5% per month. No failure or delay of Marco to exercise any right or remedy hereunder shall operate as a waiver of such right or remedy. WAIVERS. Neither the failure nor any delay on Marco’s part or any assignee to exercise any right, remedy, power or privilege shall operate as a waiver of such right, remedy, power or privilege or preclude any other or future exercise of any other right, remedy, power or privilege. In the event of Client’s default, Client waives notices of Marco’s intent to accelerate the payments, the acceleration of the payments and of the enforcement of Marco’s or any Assignees rights under these Installment Payment Terms. To the extent Client is permitted by law, Client waives all defenses it would otherwise have under the UCC, if any, and common law. MISCELLANEOUS. While the provisioning of the Financed Items by Marco will be governed by the Relationship Agreement, Schedule of Products and any relevant Product Agreement, the financing of the Financed Items shall be solely governed by these Installment Payment Terms, which incorporate the entire agreement between Client and Marco pursuant to which Client has agreed to pay for the Financed Items in installments and supersedes any prior representations or agreements. Client agrees that the extension of credit under these Installment 6 SCHEDULE A - SCHEDULE OF PRODUCTS TO PRODUCT AGREEMENT(S) Payment Terms is for business and commercial purposes only. In the event any one or more of the provisions of these Installment Payment Terms shall for any reason be held to be invalid, illegal, or unenforceable, in whole or in part or in any respect, or in the event that any one or more of the provisions of these Installment Payment Terms operate or would prospectively operate to invalidate Client’s obligations hereunder, then such provision or provisions only shall be deemed null and void and shall not affect any other provision of these Installment Payment Terms and the remaining provisions of these Installment Payment Terms shall remain operative and in full force and effect and shall in no way be affected, prejudiced or disturbed thereby. Amounts payable pursuant to the terms of these Installment Payment Terms may include a profit to Marco. The parties agree that the original of these Installment Payment Terms for enforcement and perfection purposes, and, if applicable, the sole “record” constituting “chattel paper” under the UCC, is the paper copy of the Schedule of Products which include these Installment Payment Terms bearing (i) the original or a copy of either Client’s manual signature or an electronically applied indication of Client’s intent to approve the Schedule of Products which include these Installment Payment Terms, and (ii) Marco’s original manual signature. IMPORTANT: PLEASE READ CAREFULLY BEFORE SIGNING. CLIENT UNDERSTANDS AND ACKNOWLEDGES THAT MARCO MAY ASSIGN ITS RIGHTS UNDER THESE INSTALLMENT PAYMENT TERMS TO A THIRD-PARTY FINANCE COMPANY WITH A PRINCIPAL PLACE OF BUSINESS IN THE STATE OF IOWA IMMEDIATELY UPON CLIENT’S ACCEPTANCE HEREOF, AND THAT, DUE TO SUCH ASSIGNMENT, CLIENT’S OBLIGATION TO MAKE THE PAYMENTS CALLED FOR UNDER THESE INSTALLMENT PAYMENT TERMS ARE UNCONDITIONAL. DUE TO THE ASSIGNMENT OF THESE INSTALLMENT PAYMENT TERMS TO ASSIGNEE, THE PARTIES AGREE THAT THESE INSTALLMENT PAYMENT TERMS ARE BEING ENTERED INTO AND PERFORMED IN THE STATE OF IOWA AND THAT THESE INSTALLMENT PAYMENT TERMS AND ANY CLAIM RELATED TO THESE INSTALLMENT PAYMENT TERMS SHALL BE GOVERNED BY THE LAWS OF THE STATE OF IOWA IN ALL RESPECTS INCLUDING, WITHOUT LIMITATION, IOWA’S USURY LAWS. ANY DISPUTE WILL BE ADJUDICATED IN A FEDERAL OR STATE COURT LOCATED IN THE STATE OF IOWA. CLIENT HEREBY CONSENTS TO PERSONAL JURISDICTION AND VENUE IN SUCH COURTS, WAIVE TRANSFER OF VENUE AND ACKNOWLEDGES THAT (A) CLIENT’S CREDIT APPLICATION WAS PROCESSED IN THE STATE OF IOWA, (B) MARCO’S ASSIGNEE DECIDED TO EXTEND CREDIT TO CLIENT IN THE STATE OF IOWA, AND (C) THESE INSTALLMENT PAYMENT TERMS WILL BE INVOICED AND ADMINISTERED IN THE STATE OF IOWA (THOUGH CLIENT MAY BE DIRECTED TO SEND PAYMENTS TO MARCO’S ASSIGNEE’S LOCKBOX IN A DIFFERENT STATE). CLIENT AND MARCO WAIVE ANY RIGHT TO A JURY TRIAL. Approval Customer Proprietary Network Information (CPNI): Provider and Customer acknowledge that Provider has a duty to protect the confidentiality of Customer Proprietary Network Information ("CPNI") in accordance with applicable federal law. CPNI includes information relating to the quantity, technical configuration, type, destination, location, and amount of use of the telecommunications Services that Customer purchases from Provider, and that is made available to Provider by Customer solely by virtue of the Provider/Customer relationship hereunder. Provider and Customer understand that Provider may access, use and disclose Customer's CPNI as permitted by applicable law, in order to install and provision the Service and market services that are within the same category of services provided herein without Customer's consent. With Customer's consent, Provider may use Customer's CPNI in order to offer Customer the full range of products and services offered by Provider. By signing this Agreement, Customer consents to Provider using Customer CPNI for the purpose of marketing additional services. Customer may refuse CPNI consent by signing this Agreement and providing to Provider written notice of its intent to opt out of granting such consent. Customer's consent or refusal to consent will remain valid until Customer otherwise advises Provider. Any refusal of consent by Customer will not affect Provider's provision of service to Customer. Provider and Customer agree that Customer is served by a primary dedicated account representative and thereby qualifies for the Business Customer Exemption from the FCC's CPNI authentication requirements. Provider and Customer agree to be bound by the authentication regime in this paragraph. Specifically, Provider and Customer agree that Provider may provide Customer CPNI to representatives authorized by Customer as designated in applicable Service Orders in connection with Customer-initiated calls pertaining to the purchase of new and/or additional services, billing and collection, trouble reports, and other customer care issues. If Customer representatives other than those designated by Customer in Service Orders contact Provider to request or modify information regarding Customer's account, Provider will not provide Customer CPNI unless Provider authenticates the caller. If the caller cannot provide information that enables Provider to authenticate the caller, Provider will not provide Customer CPNI to the caller, but will instead call the Customer back at the Customer's telephone number associated with the services provided herein to provide the requested information or mail the requested information to Customer's business address associated with the account for at least 30 days. 7 SCHEDULE A - SCHEDULE OF PRODUCTS TO PRODUCT AGREEMENT(S) Please select an option below*: Opt In__________ (Marco may use CPNI to market to Customer) Opt Out__________ (Marco may not use CPNI to market to Customer) * If No selection is made, an assumption of “OPT IN” is selected on your behalf Client represents that it has reviewed and agrees to be legally bound by this Schedule of Products. Client represents that it has reviewed and agrees to be legally bound by the Relationship Agreement, any Product Agreement(s) referred to herein, and applicable policy(ies) (“Terms and Conditions”) which are located at www.marconet.com/legal for the Products it is obtaining as identified in this Schedule of Products. If the parties have negotiated changes to the Terms and Conditions that have been reduced to writing and signed by both parties, the modified version(s) of such Terms and Conditions, that have not expired or been terminated, shall replace the online version(s). Client agrees to use electronic signatures, electronic communications, and electronic records to transact business under the above documents. The pricing above does not include taxes. Taxes, fees and surcharges shall be paid by Client and will be shown on invoices to Client. Payments made via credit card are subject to a 3% surcharge. A $30 fee will be assessed for any returned payment. Price availability is subject to change without notice at any point during or after the quotation, ordering, and fulfillment process. 8 SCHEDULE A - SCHEDULE OF PRODUCTS TO PRODUCT AGREEMENT(S) Marco Technologies, LLC CITY OF EDEN PRAIRIE Signature: Name: Title: Date: Prepared for:ADITI Salunke Signature: Signed by: Title: Date: PO Number: Email Address: 9 City Council Agenda Cover Memo Date: Sept. 15, 2026 Section: Consent Calendar Item Number: VII.C. Department: Rick Clark, Facilities Manager, Administration ITEM DESCRIPTION Snow and Ice Management Services REQUESTED ACTION Approve the Standard Agreement for Contract Services with Excel Lawn & Landscape for Snow and Ice Management Services for $117,500 SUMMARY Staﬀ recommends entering into a Standard Agreement for Contract Services with Excel Lawn & Landscape for Snow and Ice Management Services at the City Center and Fire 1. This seasonal contract provides complete snow removal and deicing services for the 2026/2027 season. An RFP for Snow and Ice Management Services was issued, and three bids were received. The recommended contractor, Excel Lawn & Landscape, submitted the lowest bid, has worked with the City previously, and demonstrates a strong performance history. Bid Summary: • Excel Lawn & Landscape: $117,500 • Groom and Bloom: $143,000 • Dvorak Lawn Care: $145,750 Staﬀ recommends Excel Lawn & Landscape as the lowest responsible bidder. ATTACHMENTS Standard Agreement for Contract Services with Excel Lawn & Landscape (rev. 4/2026) Standard Agreement for Contract Services This Agreement for Contract Services (“Agreement”) is made on the _____day of______________, 20____, between the City of Eden Prairie, Minnesota (“City”), whose business address is 8080 Mitchell Road, Eden Prairie, MN 55344, and ____________________, a Minnesota ______________________(“Contractor”) whose business address is _____________________________________________________________________________. 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 _____________________________________________, 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 _______ __, 20___. [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 ________________________________. ] 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. Standard Agreement for Contract Services (rev. 4/2026) Page 2 of 12 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. 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. g. h. i. 4. City’s Obligations. City will do or provide to Contractor the following: a. Provide access to City properties as appropriate. b. Provide restroom facilities as appropriate. c. d. 5. Compensation for Services. City agrees to pay the Contractor [a fixed sum of $_______________] OR [an hourly sum of $__________, with total payments made in each one year period not to exceed _________________] 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. Standard Agreement for Contract Services (rev. 4/2026) Page 3 of 12 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. 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 Standard Agreement for Contract Services (rev. 4/2026) Page 4 of 12 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 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. Standard Agreement for Contract Services (rev. 4/2026) Page 5 of 12 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 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: Standard Agreement for Contract Services (rev. 4/2026) Page 6 of 12 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 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. Standard Agreement for Contract Services (rev. 4/2026) Page 7 of 12 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 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 Standard Agreement for Contract Services (rev. 4/2026) Page 8 of 12 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 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. Standard Agreement for Contract Services (rev. 4/2026) Page 9 of 12 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 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 Standard Agreement for Contract Services (rev. 4/2026) Page 10 of 12 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 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. Standard Agreement for Contract Services (rev. 4/2026) Page 11 of 12 Executed as of the day and year first written above. CITY OF EDEN PRAIRIE __________________________________ Mayor ___________________________________ City Manager CONTRACTOR By: ________________________________ Its: ________________________________ Standard Agreement for Contract Services (rev. 4/2026) Page 12 of 12 EXHIBIT A Quote/Proposal/Scope of Work City Council Agenda Cover Memo Date: September 15, 2026 Section: Consent Calendar Item Number: VII.D. Department: Public Works / Engineering – Adam Gadbois Planning – Sarah Strain ITEM DESCRIPTION Amendment to Final Plat Resolution and Development Agreement for Prairie Lakes Corporate Center REQUESTED ACTION • Adopt the resolution amending Resolution No. 2026-043; and • Approve the Second Amendment to Development Agreement for Prairie Lakes Corporate Center SUMMARY The City Council approved the First Amendment to Development Agreement for Prairie Lakes Corporate Center on May 5, 2026. The project involves the subdivision of 11010 Prairie Lakes Drive into two lots in preparation for future redevelopment. On May 19, 2026, the City Council adopted Resolution No. 2026-043, approving the ﬁnal plat for the subdivision, titled Prairie Lakes Business Park 1st Addition. After City approval, Hennepin County informed the Developer that the plat name “Prairie Lakes Business Park 1st Addition” was not acceptable, and required the plat instead be named “Prairie Lakes Business Park Second Addition.” The purpose of this agenda item is to amend the Development Agreement and the ﬁnal plat approval to reﬂect the correct name of the plat and legal description of the property after the plat is ﬁled. There are no substantive changes to the initial approval, and staﬀ recommends approval. ATTACHMENTS Resolution Second Amendment to Development Agreement City of Eden Prairie Hennepin County, Minnesota Resolution No. 2026–____ RESOLUTION AMENDING RESOLUTION NO. 2026-043 WHEREAS, on May 19, 2026, the Council adopted Resolution No. 2026-043 approving the ﬁnal plat of Prairie Lakes Business Park 1st Addition; WHEREAS, after this approval but before the plat was ﬁnalized and recorded with Hennepin County, the name of the plat was changed to Prairie Lakes Business Park Second Addition; WHEREAS, the Council desires to amend Resolution No. 2026-043 to reﬂect the correct name of the plat that is or will be recorded with Hennepin County for this approval. NOW, THEREFORE, BE IT RESOLVED, that Resolution No. 2026-043 is amended to delete all instances of the phrase “Prairie Lakes Business Park 1st Addition” and replace them with the phrase “Prairie Lakes Business Park Second Addition.” The remaining terms and conditions of Resolution No. 2026-043 shall remain in full force and eﬀect. ADOPTED by the City Council of the City of Eden Prairie this 15th day of September, 2026. Ronald A. Case, Mayor ATTEST: David Teigland, City Clerk City Council Agenda Cover Memo Date: Section: Item Number: Department: ITEM DESCRIPTION Award contract for the 2026 East Side Trail along County Road 4 Trail Rehabilitation from Highway 5 to Highway 212 On-Ramp REQUESTED ACTION Move to: Award contract for the 2026 East Side Trail along County Road 4 Trail Rehabilitation from Highway 5 to Highway 212 On-Ramp to BKJ Excavating. $74,080.00 SUMMARY The Scope of this project is to remove failing trail and replace with new Bituminous trail on the Eastside of County Road 4. Funding for the trail rehabilitation comes from the Capital Maintenance & Reinvestment funding under the Parks and Recreation Department. Bid Summary and Recommendation Proposals were solicited from several companies, however, only one proposal was received for consideration. ATTACHMENTS Form of Contract with Exhibit A (rev. 4/2026) Standard Construction Contract This Standard Construction Contract (“Contract”) is made on the 15th day of September, 2026, between the City of Eden Prairie, Minnesota (“City”), whose business address is 8080 Mitchell Road, Eden Prairie, MN 55344, and BKJ Land Co II DBA BKJ Excavating, a Minnesota Company (“Contractor”), whose business address is 18075 Dairy Lane, Jordan, MN 55352. Preliminary Statement The City has adopted a policy regarding the selection and hiring of contractors to provide a variety of services for City projects. That policy requires that persons, firms, or corporations providing such services enter into written agreements with the City. The purpose of this Contract is to set forth the terms and conditions for the provision of services by Contractor for CR 4 Trail Rehabilitation Project hereinafter referred to as the “Work.” The City and Contractor agree as follows: 1. Scope of Work/Proposal. The Contractor agrees to provide, perform and complete all the provisions of the Work in accordance with attached Exhibit A. Any general or specific conditions, terms, agreements, contractor or industry proposal, or contract terms attached to or a part of Exhibit A are declined in full and, accordingly, are deleted and will not be in effect in any manner. 2. Time of Commencement and Completion. The Work to be performed under this Contract will be commenced immediately after execution of this Contract. The Work must be completed by 11/15/2026. 3. Compensation for Services. City agrees to pay the Contractor a fixed sum of $74,080.00 as full and complete payment for the labor, materials and services rendered pursuant to this Contract and as described in Exhibit A. a. Any changes in the scope of the work which may result in an increase to the compensation due the Contractor will require prior written approval by an authorized representative of the City or by the City Council. The City will not pay additional compensation for services that do not have prior written authorization. b. If Contractor is delayed in performance due to any cause beyond its reasonable control, including but not limited to strikes, riots, fires, acts of God, governmental actions, actions of a third party, or actions or inactions of City, the time for performance will be extended by a period of time lost by reason of the delay. Standard Construction Contract (rev. 4/2026) Page 2 of 15 Contractor will be entitled to payment for its reasonable additional charges, if any, due to the delay. 4. Method of Payment. The Contractor will submit to the City, on a monthly basis, an itemized invoice for services performed under this Contract. Invoices submitted will be paid in the same manner as other claims made to the City. a. Invoices. Contractor must verify that all statements submitted for payment in compliance with Minnesota Statutes Sections 471.38 and 471.391. For reimbursable expenses, if provided for in Exhibit A, the Contractor must provide an itemized listing and such documentation as reasonably required by the City. Each invoice must contain the City’s project number and a progress summary showing the original (or amended) amount of the contract, current billing, past payments, and unexpended balance of the contract. Each invoice must be accompanied by general lien waiver and further lien waivers from all subcontractors on the project waiving liens for work for which payment was requested by Contractor and paid for by City on the preceding invoice. b. Claims. By making the claim for payment under this Contract, the person making the claim is declaring that the account, claim, or demand is just and correct and that no part of it has been paid. c. Final Payment. Contractor’s request for final payment must be accompanied by Contractor’s affidavit that all payrolls, bills for materials and equipment, and other indebtedness connected with the Work for which the City or its property might in any way be responsible, have been paid or otherwise satisfied. Final payment, constituting the entire unpaid balance of the Contract Sum, will be paid by the City to the Contractor when the Work has been completed, the Contract fully performed, and the City accepts the Work in writing. The acceptance of final payment will constitute a waiver of all claims by the Contractor except those previously made in writing and identified by the Contractor as unsettled at the time of Application for Final Payment. d. Income Tax Withholding. No final payment will be made to the Contractor until the Contractor has provided satisfactory evidence to the City that the Contractor and each of its subcontracts has complied with the provisions of Minn. Stat. Section 290.92 relating to withholding of income taxes upon wages. A certificate from the Commissioner of Revenue satisfies this requirement. 5. Standard of Care. Contractor must exercise the same degree of care, skill, and diligence in the performance of its services as is ordinarily exercised by members of the profession under similar circumstances in Hennepin County, Minnesota. Contractor will be liable to the fullest extent permitted under applicable law, without limitation, for any injuries, loss, or damages proximately caused by Contractor's breach of this standard of care. Contractor Standard Construction Contract (rev. 4/2026) Page 3 of 15 must put forth reasonable efforts to complete its duties in a timely manner. Contractor will not be responsible for delays caused by factors beyond its control or that could not be reasonably foreseen at the time of execution of this Contract. Contractor will be responsible for costs, delays or damages arising from unreasonable delays in the performance of its duties. 6. Project Manager and Staffing. The Contractor must designate a Project Manager and notify the City in writing of the identity of the Project Manager before starting work on the Project. The Project Manager will be assisted by other staff members as necessary to facilitate the completion of the Work in accordance with the terms established herein. Contractor may not remove or replace the Project Manager without the approval of the City. 7. Condition and Inspection. All goods and other materials furnished under this Contract must be new and in current manufacture, unless otherwise specified, and all goods and work must be of good quality, free from faults and defects and in conformance with this Contract. All goods and work not conforming to these requirements will be considered defective. Goods will be subject to inspection and testing by the City. Defective goods or goods not in current manufacture may be returned to the Contractor at the Contractor’s expense. 8. Correction of Work. The Contractor must promptly correct all Work rejected by the City as defective or as failing to conform under this Contract whether observed before or after completion of the Work and whether or not fabricated, installed, or completed. The Contractor will bear all costs of correcting such rejected Work. 9. Warranty. The Contractor expressly warrants and guarantees to the City that all Work performed and all materials furnished will be in accord with the Contract and will be free from defects in materials, workmanship, and operation which appear within a period of one year, or within such longer period as may be prescribed by law or in the terms of the Contract, from the date of City’s written acceptance of the Work. The City’s rights under the Contractor’s warranty are not the City’s exclusive remedy. The City will have all other remedies available under this Contract, at law or in equity. Should any defects develop in the materials, workmanship or operation of the system within the specified period, upon notice from the City, the Contractor agrees, within ten (10) calendar days after receiving written notice and without expense to the City, to repair, replace and in general to perform all necessary corrective Work with regard to the defective or nonconforming Work or materials to the satisfaction of the City. THE FOREGOING WILL NOT IN ANY MANNER LIMIT THE CITY’S REMEDY OR THE CONTRACTOR’S LIABILITY TO THOSE DEFECTS APPEARING WITHIN THE WARRANTY PERIOD. The Contractor agrees to perform the Work in a manner and at a time so as to minimize any damages sustained by the City and so as to not interfere with or in any way disrupt the operation of the City or the public. Standard Construction Contract (rev. 4/2026) Page 4 of 15 The corrective Work referred to above will include without limitation, (a) the cost of removing the defective or nonconforming Work and materials from the site, (b) the cost of correcting all Work of other contractors destroyed or damaged by defective or nonconforming Work and materials including the cost of removal of such damaged Work and materials form the site, and (c) the cost of correcting all damages to Work of other contractors caused by the removal of the defective or nonconforming Work or materials. The Contractor must post bonds to secure the warranties. 10. Private Property. The Contractor may not enter upon private property for any purpose without having previously obtained permission from the City. The Contractor is responsible for the preservation of, and must use every precaution to prevent damage to all trees, shrubbery, plants, lawns, fences, culverts, bridges, pavements, driveways, sidewalks, etc.; all water, sewer and gas lines; all conduits; all overhead pole lines or appurtenances thereof; and all other public or private property along or adjacent to the work. 11. Removal of Construction Equipment, Tools, and Supplies. At the termination of this Contract, before acceptance of the Work by the City, the Contractor must remove all of Contractor’s equipment, tools, and supplies from the property of the City. Should the Contractor fail to remove such equipment, tools and supplies, the City will have the right to remove them and deduct the cost of removal from any amount owed to Contractor. 12. Suspension of Work by City. The City may at any time suspend the Work, or any part thereof, by giving ten (10) days' notice to the Contractor in writing. The Contractor must resume the Work within ten (10) days after the date fixed in the written notice from the City to the Contractor to resume. If the City’s suspension of all or part of the Work causes additional expenses not due to the fault or negligence of the Contractor, the City will reimburse the Contractor for the additional expenses. Claims for such compensation, with complete substantiating records, must be filed with the City within ten (10) days after the date of order to resume Work to receive consideration. This paragraph may not be construed as entitling the Contractor to compensation for delays due to inclement weather, failure to furnish additional surety or sureties specified herein, for suspension made at the request of the Contractor, or for any other delay provided for in this Contract. 13. City’s Right to Carry Out the Work. If the Contractor defaults or neglects to carry out the Work in accordance with the Contract or fails to perform any provisions of the Contract, the City may, after ten (10) days written notice to the Contractor and without prejudice to any other remedy the City may have, make good such deficiencies. In such case an appropriate Change Order will be issued deducting from the payment then or thereafter due the Contractor the cost of correcting such deficiencies. If the payments then or thereafter due the Contractor are not sufficient to cover such amount, the Contractor must pay the difference to the City. Standard Construction Contract (rev. 4/2026) Page 5 of 15 14. City’s Right to Terminate Contract and Complete the Work. The City has the right to terminate this Contract for any of the following reasons: a. The Contractor is adjudged bankrupt, makes a general assignment for the benefit of creditors, or becomes insolvent; b. Failure of Contractor to supply adequate properly skilled workmen or proper materials; c. Failure of Contractor to make prompt payment to subcontractor for material or labor; d. Any disregard of laws, ordinances, or proper instructions of the City; e. Assignment or work without permission of the City; f. Abandonment of the work by Contractor; g. Failure to meet the work progress schedule set forth in this Contract; h. Unnecessary delay which, in the judgment of the City, will result in the work not being completed in the prescribed time. Termination of the Contract will be preceded by ten (10) days written notice by the City to the Contractor and its surety stating the grounds for termination and the measures, if any, which must be taken to assure compliance with the Contract. The Contract will be terminated at the expiration of such ten (10) day period unless the City withdraws its notice of termination. Upon termination of the Contract by the City, the City may, without prejudice to any other remedy the City may have, take possession of the site and of all materials, equipment, tools, construction equipment, and machinery thereon owned by the Contractor and may finish the Work by whatever methods the City may deem expedient at the Contractor’s expense. Upon Contract termination, the Contractor will not be entitled to receive any further payment until the Work is finished. If the unpaid balance of the contract price exceeds the expense of finishing the Work, including compensation for additional managerial and administrative services, the excess will be paid to the Contractor. If such expense exceeds the unpaid balance, the Contractor will pay the difference to the City. If the Contractor abandons the Work, fails or refuses to complete the Work or fails to pay just claims for labor or material, the City reserves the right to charge against the Contractor all legal, engineering, or other costs resulting from such abandonment, failure, or refusal. Legal costs will include the City's cost of prosecuting or defending any suit in connection with such abandonment, failure or refusal, and non-payment of claims wherein the City is made co- defendant, and the Contractor agrees to pay all costs, including reasonable attorney's fees. Standard Construction Contract (rev. 4/2026) Page 6 of 15 15. Contractor’s Right to Terminate Contract. The Contractor may terminate this Contract upon ten (10) days written notice to the City for any of the following reasons: a. If an order of any court or other public authority caused the Work to be stopped or suspended for a period of 90 days through no act or fault of the Contractor or its employees. b. If the City fails to pay any undisputed sum owed Contractor within forty-five (45) days after the sum becomes due. 16. Performance and Payment Bonds. The Contractor must post Performance and Payment Bonds each in an amount equal to one hundred percent (100%) of the payments due Contractor to insure the prompt and faithful performance of this Contract by Contractor and to insure prompt payment to the subcontractors and suppliers of the Contractor. The Bonds must be in a form approved by the City. Contractor must provide the Bond to the City before commencing work and together with the executed contract document. If the Performance and/or Payment Bond are not submitted as provided herein, this Contract will be considered void. [BONDS ARE REQUIRED FOR A CONSTRUCTION CONTRACT THAT IS $175,000 OR MORE; THEY ARE OPTIONAL (AT CITY DISCRETION) FOR ANY CONTRACT THAT IS LESS THAN $175,000] 17. Subcontractor. The Contractor must bind every subcontractor and every subcontractor must agree to be bound by the terms of this Contract as far as applicable to its work, unless specifically noted to the contrary in a subcontract approved in writing as adequate by the City. The Contractor must pay any subcontractor involved in the performance of this Contract within the ten (10) days of the Contractor's receipt of payment by the City for undisputed services provided by the subcontractor. If the Contractor fails within that time to pay the subcontractor any undisputed amount for which the Contractor has received payment by the City, the Contractor must pay interest to the subcontractor on the unpaid amount at the rate of 1.5 percent per month or any part of a month. The minimum monthly interest penalty payment for an unpaid balance of $100 or more is $10. For an unpaid balance of less than $100, the Contractor will pay the actual interest penalty due to the subcontractor. A subcontractor who prevails in a civil action to collect interest penalties from the Contractor may be awarded its costs and disbursements, including attorney's fees, incurred in bringing the action. 18. Responsible Contractor. Contractor warrants under oath that Contractor is in compliance with the minimum criteria required of a “responsible contractor” as that term is defined in Minnesota Statutes § 16C.285, subd. 3. Contractor has provided to City a list of all of its first-tier subcontractors and motor carriers that it intends to retain for work on the project. The Contractor has obtained from all subcontractors and motor carriers with which it will have a direct contractual relationship a signed statement under oath by an owner or officer Standard Construction Contract (rev. 4/2026) Page 7 of 15 verifying that the subcontractor or motor carrier meets all of the minimum criteria in § 16C.285, subd. 3. If Contractor retains additional subcontractors or motor carriers on the project after submitting its verification of compliance, the Contractor must obtain verification of compliance from each additional subcontractor and motor carrier with which it has a direct contractual relationship and must submit to the City a supplemental verification confirming the subcontractor’s and motor carrier’s compliance with subdivision 3, clause (7), within 14 days of retaining the additional subcontractors or motor carriers. Contractor must submit to the City upon request copies of the signed verifications of compliance from all subcontractors and motor carriers of any tier pursuant to Minn. Stat. § 16C.285, subd. 3(7). A false statement under oath, by Contractor, subcontractor, or motor carrier, verifying compliance with any of the minimum criteria may result in termination of the Contract. 19. Independent Contractor. Contractor is an independent contractor engaged by City to perform the services described herein and as such (i) may employ such persons as it deems necessary and appropriate for the performance of its obligations pursuant to this Contract, who will be employees, and under the direction, of Contractor and in no respect employees of City, and (ii) will have no authority to employ persons, or make purchases of equipment on behalf of City, or otherwise bind or obligate City. No statement herein may be construed to find the Contractor an employee of the City. 20. Insurance. a. General Liability. Prior to starting the Work, Contractor must procure, maintain, and pay for such insurance as will protect against claims or loss which may arise out of operations by Contractor or by any subcontractor or by anyone employed by any of them or by anyone for whose acts any of them may be liable. Such insurance must include, but not be limited to, minimum coverages and limits of liability specified in this Paragraph, required by law, or the insurance coverage actually obtained by Contractor, whichever is greater. b. Contractor must procure and maintain the following minimum insurance coverages and limits of liability for the Work: Worker’s Compensation Statutory Limits Employer’s Liability $500,000 each accident $500,000 disease policy limit $500,000 disease each employee Commercial General $1,000,000 property damage and bodily Liability injury per occurrence $2,000,000 general aggregate $2,000,000 Products – Completed Operations Aggregate $100,000 fire legal liability each occurrence Standard Construction Contract (rev. 4/2026) Page 8 of 15 $5,000 medical expense Comprehensive Automobile Liability $1,000,000 combined single limit each accident (must include coverage for all owned, hired, and non-owed vehicles.) Umbrella or Excess Liability $1,000,000 c. Commercial General Liability. The Commercial General Liability Policy must be on ISO form CG 00 01 12 07 or CG 00 01 04 13, or the equivalent. Such insurance must cover liability arising from premises, operations, independent contractors, products- completed operations, personal and advertising injury, and liability assumed under an insured contract (including the tort liability of another assumed in a business contract). There may be no endorsement or modification of the Commercial General Liability form arising from pollution, explosion, collapse, underground property damage, or work performed by subcontractors. d. Contractor must maintain “stop gap” coverage if Contractor obtains Workers’ Compensation coverage from any state fund if Employer’s liability coverage is not available. e. All policies, except the Worker’s Compensation Policy, must name the “City of Eden Prairie” as an additional insured, including products and completed operations. f. All policies must contain a waiver of subrogation in favor of the City. g. All polices, except the Worker’s Compensation Policy, must insure the defense and indemnity obligations assumed by Contractor under this Contract. h. Contractor agrees to maintain all coverage required herein throughout the term of the Contract and for a minimum of two (2) years following City’s written acceptance of the Work. i. It is Contractor’s responsibility to pay any retention or deductible for the coverage’s required herein. j. All policies must contain a provision or endorsement that coverages afforded thereunder will not be cancelled or non-renewed or restrictive modifications added, without thirty (30) days’ prior notice to the City, except that if the cancellation or non-renewal is due to non-payment, the coverages may not be terminated or non- renewed without ten (10) days’ prior notice to the City. Standard Construction Contract (rev. 4/2026) Page 9 of 15 k. Contractor must maintain in effect all insurance coverages required under this Paragraph at Contractor’s sole expense and with insurance companies licensed to do business in the state in Minnesota and having a current A.M. Best rating of no less than A-, unless specifically accepted by City in writing. l. A copy of the Contractor’s Certificate of Insurance evidencing compliance with this paragraph must be filed with City prior to the start of Contractor’s Work. Upon request a copy of the Contractor’s insurance declaration page, rider, and/or endorsement, as applicable must be provided. Such documents evidencing Insurance must be in a form acceptable to City and must provide satisfactory evidence that Contractor has complied with all insurance requirements. Renewal certificates must be provided to City prior to the expiration date of any of the required policies. City will not be obligated, however, to review such Certificate of Insurance declaration page, rider, endorsement or certificates or other evidence of insurance, or to advise Contractor of any deficiencies in such documents and receipt thereof will not relieve Contractor from, nor be deemed a waiver of, City’s right to enforce the terms of Contractor’s obligations hereunder. City reserves the right to examine any policy provided for under this paragraph. m. If Contractor fails to provide the specified insurance, then Contractor will defend, indemnify, and hold harmless the City, the City's officials, agents and employees from any loss, claim, liability, and expense (including reasonable attorney's fees and expenses) to the extent necessary to afford the same protection as would have been provided by the specified insurance. Except to the extent prohibited by law, this indemnity applies regardless of any strict liability or negligence attributable to the City (including sole negligence) and regardless of the extent to which the underlying occurrence (i.e., the event giving rise to a claim which would have been covered by the specified insurance) is attributable to the negligent or otherwise wrongful act or omission (including breach of contract) of Contractor, its subcontractors, agents, employees or delegates. Contractor agrees that this indemnity will be construed and applied in favor of indemnification. Contractor also agrees that if applicable law limits or precludes any aspect of this indemnity, then the indemnity will be considered limited only to the extent necessary to comply with that applicable law. The stated indemnity continues until all applicable statutes of limitation have run. If a claim arises within the scope of the stated indemnity, the City may require Contractor to: i. Furnish and pay for a surety bond, satisfactory to the City, guaranteeing performance of the indemnity obligation; or ii. Furnish a written acceptance of tender of defense and indemnity from Contractor's insurance company. Contractor will take the action required by the City within fifteen (15) days of receiving notice from the City. Standard Construction Contract (rev. 4/2026) Page 10 of 15 21. Indemnification. Contractor will defend and indemnify City, its officers, agents, and employees and hold them harmless from and against all judgments, claims, damages, costs and expenses, including a reasonable amount as and for its attorney’s fees paid, incurred or for which it may be liable resulting from any breach of this Contract by Contractor, its agents, contractors and employees, or any negligent or intentional act or omission performed, taken or not performed or taken by Contractor, its agents, contractors and employees, relative to this Contract. City will indemnify and hold Contractor harmless from and against any loss for injuries or damages arising out of the negligent acts of the City, its officers, agents, or employees. 22. Ownership of Documents. All plans, diagrams, analyses, reports, and information generated in connection with the performance of the Contract (“Information”) will become the property of the City, but Contractor may retain copies of such documents as records of the services provided. The City may use the Information for its purposes and the Contractor also may use the Information for its purposes. Use of the Information for the purposes of the project contemplated by this Contract does not relieve any liability on the part of the Contractor, but any use of the Information by the City or the Contractor beyond the scope of this Contract is without liability to the other, and the party using the Information agrees to defend and indemnify the other from any claims or liability resulting therefrom. 23. ADA Title II Compliance for Digital Content. The following provisions apply only to the extent Contractor’s obligations under this Agreement require it to produce content that will be posted on the City’s website or digital apps. a. Compliance with Accessibility Laws. The Contractor must ensure that all digital content, documents, materials, deliverables, and services produced under this Agreement that are intended for publication on, or integration with, the City’s public-facing website (collectively, “Digital Content”) comply with all applicable federal, state, and local accessibility laws and regulations, including, but not limited to, the Americans with Disabilities Act (ADA), Title II, and its implementing regulations (28 C.F.R. Part 35). b. Accessibility Standards. At a minimum, all Digital Content must conform to the Web Content Accessibility Guidelines (WCAG) 2.1 Level AA, or any subsequent version adopted by the City or required by applicable law. This includes, but is not limited to, content such as documents, images, videos, audio, maps, and interactive features. c. Maps and Non-Accessible Content. To the extent Contractor produces map-based, GIS, or other inherently visual or technically constrained content that cannot be made fully accessible, Contractor must: i. notify the City in writing in advance; ii. provide a detailed explanation of the accessibility limitations; and Standard Construction Contract (rev. 4/2026) Page 11 of 15 iii. supply equivalent alternative formats, data, or descriptions sufficient to enable the City to provide meaningful access to individuals with disabilities in compliance with ADA Title II. 24. Mediation. Each dispute, claim or controversy arising from or related to this Contract is subject to mediation as a condition precedent to the initiation of any legal or equitable proceeding by either party. The mediator will be selected by mutual agreement of the parties, and the costs of mediation will be shared equally. Unless otherwise agreed in writing, mediation will be held in the City of Eden Prairie. Any resolution reached through mediation must be documented in a written mediated settlement agreement, which will be binding on the parties and enforceable in any court of competent jurisdiction. General Terms And Conditions 25. Assignment. Neither party may assign this Contract, nor any interest arising under this Contract, without the written consent of the other party. 26. Compliance with Laws and Regulations. In providing services under this Contract, the Contractor must abide by statutes, ordinances, rules, and regulations pertaining to the services to be provided. Any violation of statutes, ordinances, rules, and regulations pertaining to the services will constitute a material breach of this Contract and entitle the City to immediately terminate this Contract. 27. Conflicts. No salaried officer or employee of the City and no member of the Council of the City may have a financial interest, direct or indirect, in this Contract. The violation of this provision renders the Contract void. 28. Counterparts. This Contract may be executed in multiple counterparts, each of which will be considered an original. 29. Damages. In the event of a breach of this Contract by either party, the non-breaching party will not be entitled to recover punitive, special, or consequential damages or damages for loss of business. 30. Enforcement. The Contractor will reimburse the City for all costs and expenses incurred by the City in enforcing any of its rights or remedies under this Contract, whether during the term of this Contract or thereafter, including, without limitation, reasonable attorneys’ fees. 31. Entire Contract, Construction, Application, and Interpretation. This Contract is entered into in furtherance of the City’s public purpose mission and must be construed, interpreted, and applied in accordance with that mission. This Contract constitutes the entire agreement between the parties and supersedes all prior and contemporaneous oral or written agreements, negotiations, and understandings relating to its subject matter. Any amendment, modification, deletion, or waiver of any provision of this Contract will be Standard Construction Contract (rev. 4/2026) Page 12 of 15 effective only if set forth in a written document signed by both parties, unless otherwise expressly provided herein. 32. Governing Law. This Contract will be governed by the laws of the State of Minnesota. 33. Non-Discrimination. During the performance of this Contract, the Contractor must not discriminate against any employee or applicant for employment because of race, color, creed, religion, national origin, sex, marital status, status with regard to public assistance, disability, sexual orientation, gender identity, or age. The Contractor must post in places available to employees and applicants for employment notices setting forth the provision of this non-discrimination clause and stating that all qualified applicants will receive consideration for employment. The Contractor must incorporate the foregoing requirements of this paragraph in all its subcontracts for Work under this Contract, and must require all of its subcontractors for such work to incorporate such requirements in all sub-subcontracts for Work. The Contractor further agrees to comply with all aspects of the Minnesota Human Rights Act, Minnesota Statutes Chapter 363A, Title VI of the Civil Rights Act of 1964, and the Americans with Disabilities Act of 1990. 34. Notice. Any notice required or permitted to be given by a party upon the other is given in accordance with this Contract if it is directed to either party by delivering it personally to an officer of the party, or if mailed in a sealed wrapper by United States registered or certified mail, return receipt requested, postage prepaid, or if deposited cost paid with a nationally recognized, reputable overnight courier, properly addressed to the address listed on page 1 hereof. Notices will be deemed effective on the earlier of the date of receipt or the date of mailing or deposit, provided, however, that if notice is given by mail or deposit, that the time for response to any notice by the other party will commence to run one business day after any such mailing or deposit. A party may change its address for the service of notice by giving written notice of such change to the other party, in any manner specified above, 10 days prior to the effective date of such change. 35. Rights and Remedies. The duties and obligations imposed by this Contract and the rights and remedies available thereunder are in addition to and not a limitation of any duties, obligations, rights, and remedies otherwise imposed or available by law. 36. Services Not Provided For. No claim for services furnished by the Contractor not specifically provided for under this Contract will be honored by the City. 37. Severability. If any provision of this Agreement is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such determination will not affect the validity or enforceability of the remaining provisions of this Agreement. The parties intend that this Agreement be enforced to the fullest extent permitted under Minnesota law, and any invalid, illegal, or unenforceable provision be deemed modified to the minimum extent necessary to make it valid and enforceable, consistent with the parties’ original intent. 38. Statutory Provisions. Standard Construction Contract (rev. 4/2026) Page 13 of 15 a. Audit Disclosure. In accordance with Minn. Stat. § 16C.05, subd. 5, the books, records, documents and accounting procedures and practices of the Contractor or other parties relevant to this Contract are subject to examination by the City and either the Legislative Auditor or the State Auditor for a period of six (6) years after the effective date of this Contract. This provision will survive the completion or termination of this Contract. b. Data Practices. Any reports, information, or data in any form given to, or prepared or assembled by the Contractor under this Contract which the City requests to be kept confidential, must not be made available to any individual or organization without the City's prior written approval. This Contract is subject to the Minnesota Government Data Practices Act, Minnesota Statutes Chapter 13 (“MGDPA”). In accordance with Minn. Stat. § 13.05, subd. 11, to the extent this Contract requires Contractor to perform any function of the City, all government data, as defined in Minn. Stat. § 13.02, subd. 7, which is created, collected, received, stored, used, maintained, or disseminated by Contractor in performing any of the functions of the City during performance of this Contract is subject to the requirements of the MGDPA and Contractor will comply with those requirements as if it were a government entity. All subcontracts entered into by Contractor in relation to this Contract must contain similar MGDPA compliance language. These obligations will survive the completion or termination of the Contract. 39. Waiver. Any waiver by either party of a breach of any provisions of this Contract will not affect, in any respect, the validity of the remainder of this Contract. (signatures on following page) Standard Construction Contract (rev. 4/2026) Page 14 of 15 CITY OF EDEN PRAIRIE __________________________________ Mayor ___________________________________ Manager CONTRACTOR By: ________________________________ Its: ________________________________ Standard Construction Contract (rev. 4/2026) Page 15 of 15 EXHIBIT A Proposal/Scope of Work City Council Agenda Cover Memo Date: Section: Item Number: Department: ITEM DESCRIPTION Award contract for the 2026 Edenbrook Park Parking Lot Rehabilitation REQUESTED ACTION Move to: Award contract for the 2026 Edenbrook Park Parking Lot Rehabilitation to BKJ Excavating for $50,447.50 SUMMARY The Scope of this project is to remove the existing parking lot pavement and tear out and replace ADA pedestrian ramp. The parking lot will then be re-graded, compacted, repaved and re-striped for parking. Funding for the reconstruction of parking lots comes from the Capital Maintenance & Reinvestment funding under the Parks and Recreation Department. Bid Summary and Recommendation BKJ Excavating - $50,477.50 MN Roadways - $77,011.04 ATTACHMENTS Form of Contract with Exhibit A (rev. 4/2026) Standard Construction Contract This Standard Construction Contract (“Contract”) is made on the 15th day of September 2026, between the City of Eden Prairie, Minnesota (“City”), whose business address is 8080 Mitchell Road, Eden Prairie, MN 55344, and BKJ Land Co II DBA BKJ Excavating, a Minnesota Company (“Contractor”), whose business address is 18075 Dairy Lane, Jordan, MN 55352. Preliminary Statement The City has adopted a policy regarding the selection and hiring of contractors to provide a variety of services for City projects. That policy requires that persons, firms, or corporations providing such services enter into written agreements with the City. The purpose of this Contract is to set forth the terms and conditions for the provision of services by Contractor for Edenbrook Park Parking Lot Rehabilitation hereinafter referred to as the “Work.” The City and Contractor agree as follows: 1. Scope of Work/Proposal. The Contractor agrees to provide, perform and complete all the provisions of the Work in accordance with attached Exhibit A. Any general or specific conditions, terms, agreements, contractor or industry proposal, or contract terms attached to or a part of Exhibit A are declined in full and, accordingly, are deleted and will not be in effect in any manner. 2. Time of Commencement and Completion. The Work to be performed under this Contract will be commenced immediately after execution of this Contract. The Work must be completed by 11/15/2026. 3. Compensation for Services. City agrees to pay the Contractor a fixed sum of $50,447.50 as full and complete payment for the labor, materials and services rendered pursuant to this Contract and as described in Exhibit A. a. Any changes in the scope of the work which may result in an increase to the compensation due the Contractor will require prior written approval by an authorized representative of the City or by the City Council. The City will not pay additional compensation for services that do not have prior written authorization. b. If Contractor is delayed in performance due to any cause beyond its reasonable control, including but not limited to strikes, riots, fires, acts of God, governmental actions, actions of a third party, or actions or inactions of City, the time for performance will be extended by a period of time lost by reason of the delay. Standard Construction Contract (rev. 4/2026) Page 2 of 15 Contractor will be entitled to payment for its reasonable additional charges, if any, due to the delay. 4. Method of Payment. The Contractor will submit to the City, on a monthly basis, an itemized invoice for services performed under this Contract. Invoices submitted will be paid in the same manner as other claims made to the City. a. Invoices. Contractor must verify that all statements submitted for payment in compliance with Minnesota Statutes Sections 471.38 and 471.391. For reimbursable expenses, if provided for in Exhibit A, the Contractor must provide an itemized listing and such documentation as reasonably required by the City. Each invoice must contain the City’s project number and a progress summary showing the original (or amended) amount of the contract, current billing, past payments, and unexpended balance of the contract. Each invoice must be accompanied by general lien waiver and further lien waivers from all subcontractors on the project waiving liens for work for which payment was requested by Contractor and paid for by City on the preceding invoice. b. Claims. By making the claim for payment under this Contract, the person making the claim is declaring that the account, claim, or demand is just and correct and that no part of it has been paid. c. Final Payment. Contractor’s request for final payment must be accompanied by Contractor’s affidavit that all payrolls, bills for materials and equipment, and other indebtedness connected with the Work for which the City or its property might in any way be responsible, have been paid or otherwise satisfied. Final payment, constituting the entire unpaid balance of the Contract Sum, will be paid by the City to the Contractor when the Work has been completed, the Contract fully performed, and the City accepts the Work in writing. The acceptance of final payment will constitute a waiver of all claims by the Contractor except those previously made in writing and identified by the Contractor as unsettled at the time of Application for Final Payment. d. Income Tax Withholding. No final payment will be made to the Contractor until the Contractor has provided satisfactory evidence to the City that the Contractor and each of its subcontracts has complied with the provisions of Minn. Stat. Section 290.92 relating to withholding of income taxes upon wages. A certificate from the Commissioner of Revenue satisfies this requirement. 5. Standard of Care. Contractor must exercise the same degree of care, skill, and diligence in the performance of its services as is ordinarily exercised by members of the profession under similar circumstances in Hennepin County, Minnesota. Contractor will be liable to the fullest extent permitted under applicable law, without limitation, for any injuries, loss, or damages proximately caused by Contractor's breach of this standard of care. Contractor Standard Construction Contract (rev. 4/2026) Page 3 of 15 must put forth reasonable efforts to complete its duties in a timely manner. Contractor will not be responsible for delays caused by factors beyond its control or that could not be reasonably foreseen at the time of execution of this Contract. Contractor will be responsible for costs, delays or damages arising from unreasonable delays in the performance of its duties. 6. Project Manager and Staffing. The Contractor must designate a Project Manager and notify the City in writing of the identity of the Project Manager before starting work on the Project. The Project Manager will be assisted by other staff members as necessary to facilitate the completion of the Work in accordance with the terms established herein. Contractor may not remove or replace the Project Manager without the approval of the City. 7. Condition and Inspection. All goods and other materials furnished under this Contract must be new and in current manufacture, unless otherwise specified, and all goods and work must be of good quality, free from faults and defects and in conformance with this Contract. All goods and work not conforming to these requirements will be considered defective. Goods will be subject to inspection and testing by the City. Defective goods or goods not in current manufacture may be returned to the Contractor at the Contractor’s expense. 8. Correction of Work. The Contractor must promptly correct all Work rejected by the City as defective or as failing to conform under this Contract whether observed before or after completion of the Work and whether or not fabricated, installed, or completed. The Contractor will bear all costs of correcting such rejected Work. 9. Warranty. The Contractor expressly warrants and guarantees to the City that all Work performed and all materials furnished will be in accord with the Contract and will be free from defects in materials, workmanship, and operation which appear within a period of one year, or within such longer period as may be prescribed by law or in the terms of the Contract, from the date of City’s written acceptance of the Work. The City’s rights under the Contractor’s warranty are not the City’s exclusive remedy. The City will have all other remedies available under this Contract, at law or in equity. Should any defects develop in the materials, workmanship or operation of the system within the specified period, upon notice from the City, the Contractor agrees, within ten (10) calendar days after receiving written notice and without expense to the City, to repair, replace and in general to perform all necessary corrective Work with regard to the defective or nonconforming Work or materials to the satisfaction of the City. THE FOREGOING WILL NOT IN ANY MANNER LIMIT THE CITY’S REMEDY OR THE CONTRACTOR’S LIABILITY TO THOSE DEFECTS APPEARING WITHIN THE WARRANTY PERIOD. The Contractor agrees to perform the Work in a manner and at a time so as to minimize any damages sustained by the City and so as to not interfere with or in any way disrupt the operation of the City or the public. Standard Construction Contract (rev. 4/2026) Page 4 of 15 The corrective Work referred to above will include without limitation, (a) the cost of removing the defective or nonconforming Work and materials from the site, (b) the cost of correcting all Work of other contractors destroyed or damaged by defective or nonconforming Work and materials including the cost of removal of such damaged Work and materials form the site, and (c) the cost of correcting all damages to Work of other contractors caused by the removal of the defective or nonconforming Work or materials. The Contractor must post bonds to secure the warranties. 10. Private Property. The Contractor may not enter upon private property for any purpose without having previously obtained permission from the City. The Contractor is responsible for the preservation of, and must use every precaution to prevent damage to all trees, shrubbery, plants, lawns, fences, culverts, bridges, pavements, driveways, sidewalks, etc.; all water, sewer and gas lines; all conduits; all overhead pole lines or appurtenances thereof; and all other public or private property along or adjacent to the work. 11. Removal of Construction Equipment, Tools, and Supplies. At the termination of this Contract, before acceptance of the Work by the City, the Contractor must remove all of Contractor’s equipment, tools, and supplies from the property of the City. Should the Contractor fail to remove such equipment, tools and supplies, the City will have the right to remove them and deduct the cost of removal from any amount owed to Contractor. 12. Suspension of Work by City. The City may at any time suspend the Work, or any part thereof, by giving ten (10) days' notice to the Contractor in writing. The Contractor must resume the Work within ten (10) days after the date fixed in the written notice from the City to the Contractor to resume. If the City’s suspension of all or part of the Work causes additional expenses not due to the fault or negligence of the Contractor, the City will reimburse the Contractor for the additional expenses. Claims for such compensation, with complete substantiating records, must be filed with the City within ten (10) days after the date of order to resume Work to receive consideration. This paragraph may not be construed as entitling the Contractor to compensation for delays due to inclement weather, failure to furnish additional surety or sureties specified herein, for suspension made at the request of the Contractor, or for any other delay provided for in this Contract. 13. City’s Right to Carry Out the Work. If the Contractor defaults or neglects to carry out the Work in accordance with the Contract or fails to perform any provisions of the Contract, the City may, after ten (10) days written notice to the Contractor and without prejudice to any other remedy the City may have, make good such deficiencies. In such case an appropriate Change Order will be issued deducting from the payment then or thereafter due the Contractor the cost of correcting such deficiencies. If the payments then or thereafter due the Contractor are not sufficient to cover such amount, the Contractor must pay the difference to the City. Standard Construction Contract (rev. 4/2026) Page 5 of 15 14. City’s Right to Terminate Contract and Complete the Work. The City has the right to terminate this Contract for any of the following reasons: a. The Contractor is adjudged bankrupt, makes a general assignment for the benefit of creditors, or becomes insolvent; b. Failure of Contractor to supply adequate properly skilled workmen or proper materials; c. Failure of Contractor to make prompt payment to subcontractor for material or labor; d. Any disregard of laws, ordinances, or proper instructions of the City; e. Assignment or work without permission of the City; f. Abandonment of the work by Contractor; g. Failure to meet the work progress schedule set forth in this Contract; h. Unnecessary delay which, in the judgment of the City, will result in the work not being completed in the prescribed time. Termination of the Contract will be preceded by ten (10) days written notice by the City to the Contractor and its surety stating the grounds for termination and the measures, if any, which must be taken to assure compliance with the Contract. The Contract will be terminated at the expiration of such ten (10) day period unless the City withdraws its notice of termination. Upon termination of the Contract by the City, the City may, without prejudice to any other remedy the City may have, take possession of the site and of all materials, equipment, tools, construction equipment, and machinery thereon owned by the Contractor and may finish the Work by whatever methods the City may deem expedient at the Contractor’s expense. Upon Contract termination, the Contractor will not be entitled to receive any further payment until the Work is finished. If the unpaid balance of the contract price exceeds the expense of finishing the Work, including compensation for additional managerial and administrative services, the excess will be paid to the Contractor. If such expense exceeds the unpaid balance, the Contractor will pay the difference to the City. If the Contractor abandons the Work, fails or refuses to complete the Work or fails to pay just claims for labor or material, the City reserves the right to charge against the Contractor all legal, engineering, or other costs resulting from such abandonment, failure, or refusal. Legal costs will include the City's cost of prosecuting or defending any suit in connection with such abandonment, failure or refusal, and non-payment of claims wherein the City is made co- defendant, and the Contractor agrees to pay all costs, including reasonable attorney's fees. Standard Construction Contract (rev. 4/2026) Page 6 of 15 15. Contractor’s Right to Terminate Contract. The Contractor may terminate this Contract upon ten (10) days written notice to the City for any of the following reasons: a. If an order of any court or other public authority caused the Work to be stopped or suspended for a period of 90 days through no act or fault of the Contractor or its employees. b. If the City fails to pay any undisputed sum owed Contractor within forty-five (45) days after the sum becomes due. 16. Performance and Payment Bonds. The Contractor must post Performance and Payment Bonds each in an amount equal to one hundred percent (100%) of the payments due Contractor to insure the prompt and faithful performance of this Contract by Contractor and to insure prompt payment to the subcontractors and suppliers of the Contractor. The Bonds must be in a form approved by the City. Contractor must provide the Bond to the City before commencing work and together with the executed contract document. If the Performance and/or Payment Bond are not submitted as provided herein, this Contract will be considered void. [BONDS ARE REQUIRED FOR A CONSTRUCTION CONTRACT THAT IS $175,000 OR MORE; THEY ARE OPTIONAL (AT CITY DISCRETION) FOR ANY CONTRACT THAT IS LESS THAN $175,000] 17. Subcontractor. The Contractor must bind every subcontractor and every subcontractor must agree to be bound by the terms of this Contract as far as applicable to its work, unless specifically noted to the contrary in a subcontract approved in writing as adequate by the City. The Contractor must pay any subcontractor involved in the performance of this Contract within the ten (10) days of the Contractor's receipt of payment by the City for undisputed services provided by the subcontractor. If the Contractor fails within that time to pay the subcontractor any undisputed amount for which the Contractor has received payment by the City, the Contractor must pay interest to the subcontractor on the unpaid amount at the rate of 1.5 percent per month or any part of a month. The minimum monthly interest penalty payment for an unpaid balance of $100 or more is $10. For an unpaid balance of less than $100, the Contractor will pay the actual interest penalty due to the subcontractor. A subcontractor who prevails in a civil action to collect interest penalties from the Contractor may be awarded its costs and disbursements, including attorney's fees, incurred in bringing the action. 18. Responsible Contractor. Contractor warrants under oath that Contractor is in compliance with the minimum criteria required of a “responsible contractor” as that term is defined in Minnesota Statutes § 16C.285, subd. 3. Contractor has provided to City a list of all of its first-tier subcontractors and motor carriers that it intends to retain for work on the project. The Contractor has obtained from all subcontractors and motor carriers with which it will have a direct contractual relationship a signed statement under oath by an owner or officer Standard Construction Contract (rev. 4/2026) Page 7 of 15 verifying that the subcontractor or motor carrier meets all of the minimum criteria in § 16C.285, subd. 3. If Contractor retains additional subcontractors or motor carriers on the project after submitting its verification of compliance, the Contractor must obtain verification of compliance from each additional subcontractor and motor carrier with which it has a direct contractual relationship and must submit to the City a supplemental verification confirming the subcontractor’s and motor carrier’s compliance with subdivision 3, clause (7), within 14 days of retaining the additional subcontractors or motor carriers. Contractor must submit to the City upon request copies of the signed verifications of compliance from all subcontractors and motor carriers of any tier pursuant to Minn. Stat. § 16C.285, subd. 3(7). A false statement under oath, by Contractor, subcontractor, or motor carrier, verifying compliance with any of the minimum criteria may result in termination of the Contract. 19. Independent Contractor. Contractor is an independent contractor engaged by City to perform the services described herein and as such (i) may employ such persons as it deems necessary and appropriate for the performance of its obligations pursuant to this Contract, who will be employees, and under the direction, of Contractor and in no respect employees of City, and (ii) will have no authority to employ persons, or make purchases of equipment on behalf of City, or otherwise bind or obligate City. No statement herein may be construed to find the Contractor an employee of the City. 20. Insurance. a. General Liability. Prior to starting the Work, Contractor must procure, maintain, and pay for such insurance as will protect against claims or loss which may arise out of operations by Contractor or by any subcontractor or by anyone employed by any of them or by anyone for whose acts any of them may be liable. Such insurance must include, but not be limited to, minimum coverages and limits of liability specified in this Paragraph, required by law, or the insurance coverage actually obtained by Contractor, whichever is greater. b. Contractor must procure and maintain the following minimum insurance coverages and limits of liability for the Work: Worker’s Compensation Statutory Limits Employer’s Liability $500,000 each accident $500,000 disease policy limit $500,000 disease each employee Commercial General $1,000,000 property damage and bodily Liability injury per occurrence $2,000,000 general aggregate $2,000,000 Products – Completed Operations Aggregate $100,000 fire legal liability each occurrence Standard Construction Contract (rev. 4/2026) Page 8 of 15 $5,000 medical expense Comprehensive Automobile Liability $1,000,000 combined single limit each accident (must include coverage for all owned, hired, and non-owed vehicles.) Umbrella or Excess Liability $1,000,000 c. Commercial General Liability. The Commercial General Liability Policy must be on ISO form CG 00 01 12 07 or CG 00 01 04 13, or the equivalent. Such insurance must cover liability arising from premises, operations, independent contractors, products- completed operations, personal and advertising injury, and liability assumed under an insured contract (including the tort liability of another assumed in a business contract). There may be no endorsement or modification of the Commercial General Liability form arising from pollution, explosion, collapse, underground property damage, or work performed by subcontractors. d. Contractor must maintain “stop gap” coverage if Contractor obtains Workers’ Compensation coverage from any state fund if Employer’s liability coverage is not available. e. All policies, except the Worker’s Compensation Policy, must name the “City of Eden Prairie” as an additional insured, including products and completed operations. f. All policies must contain a waiver of subrogation in favor of the City. g. All polices, except the Worker’s Compensation Policy, must insure the defense and indemnity obligations assumed by Contractor under this Contract. h. Contractor agrees to maintain all coverage required herein throughout the term of the Contract and for a minimum of two (2) years following City’s written acceptance of the Work. i. It is Contractor’s responsibility to pay any retention or deductible for the coverage’s required herein. j. All policies must contain a provision or endorsement that coverages afforded thereunder will not be cancelled or non-renewed or restrictive modifications added, without thirty (30) days’ prior notice to the City, except that if the cancellation or non-renewal is due to non-payment, the coverages may not be terminated or non- renewed without ten (10) days’ prior notice to the City. Standard Construction Contract (rev. 4/2026) Page 9 of 15 k. Contractor must maintain in effect all insurance coverages required under this Paragraph at Contractor’s sole expense and with insurance companies licensed to do business in the state in Minnesota and having a current A.M. Best rating of no less than A-, unless specifically accepted by City in writing. l. A copy of the Contractor’s Certificate of Insurance evidencing compliance with this paragraph must be filed with City prior to the start of Contractor’s Work. Upon request a copy of the Contractor’s insurance declaration page, rider, and/or endorsement, as applicable must be provided. Such documents evidencing Insurance must be in a form acceptable to City and must provide satisfactory evidence that Contractor has complied with all insurance requirements. Renewal certificates must be provided to City prior to the expiration date of any of the required policies. City will not be obligated, however, to review such Certificate of Insurance declaration page, rider, endorsement or certificates or other evidence of insurance, or to advise Contractor of any deficiencies in such documents and receipt thereof will not relieve Contractor from, nor be deemed a waiver of, City’s right to enforce the terms of Contractor’s obligations hereunder. City reserves the right to examine any policy provided for under this paragraph. m. If Contractor fails to provide the specified insurance, then Contractor will defend, indemnify, and hold harmless the City, the City's officials, agents and employees from any loss, claim, liability, and expense (including reasonable attorney's fees and expenses) to the extent necessary to afford the same protection as would have been provided by the specified insurance. Except to the extent prohibited by law, this indemnity applies regardless of any strict liability or negligence attributable to the City (including sole negligence) and regardless of the extent to which the underlying occurrence (i.e., the event giving rise to a claim which would have been covered by the specified insurance) is attributable to the negligent or otherwise wrongful act or omission (including breach of contract) of Contractor, its subcontractors, agents, employees or delegates. Contractor agrees that this indemnity will be construed and applied in favor of indemnification. Contractor also agrees that if applicable law limits or precludes any aspect of this indemnity, then the indemnity will be considered limited only to the extent necessary to comply with that applicable law. The stated indemnity continues until all applicable statutes of limitation have run. If a claim arises within the scope of the stated indemnity, the City may require Contractor to: i. Furnish and pay for a surety bond, satisfactory to the City, guaranteeing performance of the indemnity obligation; or ii. Furnish a written acceptance of tender of defense and indemnity from Contractor's insurance company. Contractor will take the action required by the City within fifteen (15) days of receiving notice from the City. Standard Construction Contract (rev. 4/2026) Page 10 of 15 21. Indemnification. Contractor will defend and indemnify City, its officers, agents, and employees and hold them harmless from and against all judgments, claims, damages, costs and expenses, including a reasonable amount as and for its attorney’s fees paid, incurred or for which it may be liable resulting from any breach of this Contract by Contractor, its agents, contractors and employees, or any negligent or intentional act or omission performed, taken or not performed or taken by Contractor, its agents, contractors and employees, relative to this Contract. City will indemnify and hold Contractor harmless from and against any loss for injuries or damages arising out of the negligent acts of the City, its officers, agents, or employees. 22. Ownership of Documents. All plans, diagrams, analyses, reports, and information generated in connection with the performance of the Contract (“Information”) will become the property of the City, but Contractor may retain copies of such documents as records of the services provided. The City may use the Information for its purposes and the Contractor also may use the Information for its purposes. Use of the Information for the purposes of the project contemplated by this Contract does not relieve any liability on the part of the Contractor, but any use of the Information by the City or the Contractor beyond the scope of this Contract is without liability to the other, and the party using the Information agrees to defend and indemnify the other from any claims or liability resulting therefrom. 23. ADA Title II Compliance for Digital Content. The following provisions apply only to the extent Contractor’s obligations under this Agreement require it to produce content that will be posted on the City’s website or digital apps. a. Compliance with Accessibility Laws. The Contractor must ensure that all digital content, documents, materials, deliverables, and services produced under this Agreement that are intended for publication on, or integration with, the City’s public-facing website (collectively, “Digital Content”) comply with all applicable federal, state, and local accessibility laws and regulations, including, but not limited to, the Americans with Disabilities Act (ADA), Title II, and its implementing regulations (28 C.F.R. Part 35). b. Accessibility Standards. At a minimum, all Digital Content must conform to the Web Content Accessibility Guidelines (WCAG) 2.1 Level AA, or any subsequent version adopted by the City or required by applicable law. This includes, but is not limited to, content such as documents, images, videos, audio, maps, and interactive features. c. Maps and Non-Accessible Content. To the extent Contractor produces map-based, GIS, or other inherently visual or technically constrained content that cannot be made fully accessible, Contractor must: i. notify the City in writing in advance; ii. provide a detailed explanation of the accessibility limitations; and Standard Construction Contract (rev. 4/2026) Page 11 of 15 iii. supply equivalent alternative formats, data, or descriptions sufficient to enable the City to provide meaningful access to individuals with disabilities in compliance with ADA Title II. 24. Mediation. Each dispute, claim or controversy arising from or related to this Contract is subject to mediation as a condition precedent to the initiation of any legal or equitable proceeding by either party. The mediator will be selected by mutual agreement of the parties, and the costs of mediation will be shared equally. Unless otherwise agreed in writing, mediation will be held in the City of Eden Prairie. Any resolution reached through mediation must be documented in a written mediated settlement agreement, which will be binding on the parties and enforceable in any court of competent jurisdiction. General Terms And Conditions 25. Assignment. Neither party may assign this Contract, nor any interest arising under this Contract, without the written consent of the other party. 26. Compliance with Laws and Regulations. In providing services under this Contract, the Contractor must abide by statutes, ordinances, rules, and regulations pertaining to the services to be provided. Any violation of statutes, ordinances, rules, and regulations pertaining to the services will constitute a material breach of this Contract and entitle the City to immediately terminate this Contract. 27. Conflicts. No salaried officer or employee of the City and no member of the Council of the City may have a financial interest, direct or indirect, in this Contract. The violation of this provision renders the Contract void. 28. Counterparts. This Contract may be executed in multiple counterparts, each of which will be considered an original. 29. Damages. In the event of a breach of this Contract by either party, the non-breaching party will not be entitled to recover punitive, special, or consequential damages or damages for loss of business. 30. Enforcement. The Contractor will reimburse the City for all costs and expenses incurred by the City in enforcing any of its rights or remedies under this Contract, whether during the term of this Contract or thereafter, including, without limitation, reasonable attorneys’ fees. 31. Entire Contract, Construction, Application, and Interpretation. This Contract is entered into in furtherance of the City’s public purpose mission and must be construed, interpreted, and applied in accordance with that mission. This Contract constitutes the entire agreement between the parties and supersedes all prior and contemporaneous oral or written agreements, negotiations, and understandings relating to its subject matter. Any amendment, modification, deletion, or waiver of any provision of this Contract will be Standard Construction Contract (rev. 4/2026) Page 12 of 15 effective only if set forth in a written document signed by both parties, unless otherwise expressly provided herein. 32. Governing Law. This Contract will be governed by the laws of the State of Minnesota. 33. Non-Discrimination. During the performance of this Contract, the Contractor must not discriminate against any employee or applicant for employment because of race, color, creed, religion, national origin, sex, marital status, status with regard to public assistance, disability, sexual orientation, gender identity, or age. The Contractor must post in places available to employees and applicants for employment notices setting forth the provision of this non-discrimination clause and stating that all qualified applicants will receive consideration for employment. The Contractor must incorporate the foregoing requirements of this paragraph in all its subcontracts for Work under this Contract, and must require all of its subcontractors for such work to incorporate such requirements in all sub-subcontracts for Work. The Contractor further agrees to comply with all aspects of the Minnesota Human Rights Act, Minnesota Statutes Chapter 363A, Title VI of the Civil Rights Act of 1964, and the Americans with Disabilities Act of 1990. 34. Notice. Any notice required or permitted to be given by a party upon the other is given in accordance with this Contract if it is directed to either party by delivering it personally to an officer of the party, or if mailed in a sealed wrapper by United States registered or certified mail, return receipt requested, postage prepaid, or if deposited cost paid with a nationally recognized, reputable overnight courier, properly addressed to the address listed on page 1 hereof. Notices will be deemed effective on the earlier of the date of receipt or the date of mailing or deposit, provided, however, that if notice is given by mail or deposit, that the time for response to any notice by the other party will commence to run one business day after any such mailing or deposit. A party may change its address for the service of notice by giving written notice of such change to the other party, in any manner specified above, 10 days prior to the effective date of such change. 35. Rights and Remedies. The duties and obligations imposed by this Contract and the rights and remedies available thereunder are in addition to and not a limitation of any duties, obligations, rights, and remedies otherwise imposed or available by law. 36. Services Not Provided For. No claim for services furnished by the Contractor not specifically provided for under this Contract will be honored by the City. 37. Severability. If any provision of this Agreement is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such determination will not affect the validity or enforceability of the remaining provisions of this Agreement. The parties intend that this Agreement be enforced to the fullest extent permitted under Minnesota law, and any invalid, illegal, or unenforceable provision be deemed modified to the minimum extent necessary to make it valid and enforceable, consistent with the parties’ original intent. 38. Statutory Provisions. Standard Construction Contract (rev. 4/2026) Page 13 of 15 a. Audit Disclosure. In accordance with Minn. Stat. § 16C.05, subd. 5, the books, records, documents and accounting procedures and practices of the Contractor or other parties relevant to this Contract are subject to examination by the City and either the Legislative Auditor or the State Auditor for a period of six (6) years after the effective date of this Contract. This provision will survive the completion or termination of this Contract. b. Data Practices. Any reports, information, or data in any form given to, or prepared or assembled by the Contractor under this Contract which the City requests to be kept confidential, must not be made available to any individual or organization without the City's prior written approval. This Contract is subject to the Minnesota Government Data Practices Act, Minnesota Statutes Chapter 13 (“MGDPA”). In accordance with Minn. Stat. § 13.05, subd. 11, to the extent this Contract requires Contractor to perform any function of the City, all government data, as defined in Minn. Stat. § 13.02, subd. 7, which is created, collected, received, stored, used, maintained, or disseminated by Contractor in performing any of the functions of the City during performance of this Contract is subject to the requirements of the MGDPA and Contractor will comply with those requirements as if it were a government entity. All subcontracts entered into by Contractor in relation to this Contract must contain similar MGDPA compliance language. These obligations will survive the completion or termination of the Contract. 39. Waiver. Any waiver by either party of a breach of any provisions of this Contract will not affect, in any respect, the validity of the remainder of this Contract. (signatures on following page) Standard Construction Contract (rev. 4/2026) Page 14 of 15 CITY OF EDEN PRAIRIE __________________________________ Mayor ___________________________________ Manager CONTRACTOR By: ________________________________ Its: ________________________________ Standard Construction Contract (rev. 4/2026) Page 15 of 15 EXHIBIT A Proposal/Scope of Work City Council Agenda Cover Memo Date: September 15, 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 320456 - 320484 Checks 5010277 - 5010596 Wire Transfers 13042 - 13099 Purchasing Card 13054 ATTACHMENTS Check Summary Check Register Fund Amount 000 General Total 8,106.47 100 City Manager Total 1,420.04 101 Legislative Total 465.60 110 City Clerk Total 570.00 111 Customer Service Total 7,257.65 112 Human Resources Total 51.87 113 Communications Total 17,705.54 114 Benefits & Training Total 112.77 130 Assessing Total 2,482.00 131 Finance Total 486.07 133 Planning Total 226.66 136 Public Safety Communications Total 17,925.13 138 Community Development Admin. Tota 480.55 150 Park Administration Total 134.09 151 Park Maintenance Total 41,035.90 153 Organized Athletics Total 1,020.00 154 Community Center Total 15,090.11 155 Beaches Total 1,535.90 156 Youth Programs Total 19,160.28 157 Special Events Total 12,145.35 158 Senior Center Total 522.72 160 Therapeutic Recreation Total 2,634.61 162 Arts Total 11,595.38 163 Outdoor Center Total 1,287.85 164 Park Rental Facilities Total 175.55 168 Art Center Total 2,336.62 180 Police Sworn Total 22,483.30 182 Police Civilian Total 4,475.00 184 Fire Total 4,604.67 186 Inspections Total 3,565.12 200 Engineering Total 411.86 201 Street Maintenance Total 111,932.65 202 Street Lighting Total 82,084.68 303 Cemetery Operation Total 9,719.00 304 Senior Board Total 1,822.25 308 E-911 Total 6,065.65 309 DWI Forfeiture Total 157.34 312 Recycle Rebate Total 1,500.00 315 Economic Development Total 93,998.21 445 Cable PEG Total 2,598.99 502 Park Development Total 8,845.18 509 CIP Fund Total 130,349.09 512 CIP Trails Total 32,072.00 513 CIP Pavement Management Total 11,981.72 526 Transportation Fund Total 44,161.19 541 Dell Rd (Crestwood to CSAH 61) Total 345.61 542 Willow Creek Street/Utilities Total 1,600.00 543 Police Remodel Total 303,142.01 601 Prairie Village Liquor Total 105,741.80 602 Den Road Liquor Total 175,399.38 603 Prairie View Liquor Total 122,256.05 605 Den Road Building Total 268.62 701 Water Enterprise Fund Total 540,270.77 702 Wastewater Enterprise Fund Total 29,118.27 703 Stormwater Enterprise Fund Total 39,197.74 807 Benefits Fund Total 1,231,044.04 812 Fleet Internal Service Total 48,569.69 813 IT Internal Service Total 56,288.34 814 Facilities Capital ISF Total 1,902.50 815 Facilities Operating ISF Total (18,478.46) 816 Facilities City Center ISF Total 39,621.29 817 Facilities Comm. Center ISF Total 98,034.96 818 Dental Insurance Total 12,664.42 7,038,894.86 Grand Total ############ City of Eden Prairie Council Check Summary 9/15/2026 Division Amount Division Amount 000 General Total 8,106 304 Senior Board Total 1,822 100 City Manager Total 1,420 308 E-911 Total 6,066 101 Legislative Total 466 309 DWI Forfeiture Total 157 110 City Clerk Total 570 315 Economic Development Total 93,998 111 Customer Service Total 7,258 445 Cable PEG Total 2,599 112 Human Resources Total 52 502 Park Development Total 8,845 113 Communications Total 17,706 509 CIP Fund Total 130,349 114 Benefits & Training Total 113 512 CIP Trails Total 32,072 130 Assessing Total 2,482 513 CIP Pavement Management Total 11,982 131 Finance Total 486 526 Transportation Fund Total 44,161 133 Planning Total 227 541 Dell Rd (Crestwood to CSAH 61) Total 346 136 Public Safety Communications Total 17,925 542 Willow Creek Street/Utilities Total 1,600 138 Community Development Admin. Total 481 543 Police Remodel Total 303,142 150 Park Administration Total 134 Total Captial Projects Fund 637,139 151 Park Maintenance Total 41,036 153 Organized Athletics Total 1,020 601 Prairie Village Liquor Total 105,742 154 Community Center Total 15,090 602 Den Road Liquor Total 175,399 155 Beaches Total 1,536 603 Prairie View Liquor Total 122,256 156 Youth Programs Total 19,160 605 Den Road Building Total 269 157 Special Events Total 12,145 701 Water Enterprise Fund Total 540,271 158 Senior Center Total 523 702 Wastewater Enterprise Fund Total 29,118 160 Therapeutic Recreation Total 2,635 703 Stormwater Enterprise Fund Total 39,198 162 Arts Total 11,595 Total Enterprise Fund 1,012,253 163 Outdoor Center Total 1,288 164 Park Rental Facilities Total 176 807 Benefits Fund Total 1,231,044 168 Art Center Total 2,337 812 Fleet Internal Service Total 48,570 180 Police Sworn Total 22,483 813 IT Internal Service Total 56,288 182 Police Civilian Total 4,475 814 Facilities Capital ISF Total 1,903 184 Fire Total 4,605 815 Facilities Operating ISF Total (18,478) 186 Inspections Total 3,565 816 Facilities City Center ISF Total 39,621 200 Engineering Total 412 817 Facilities Comm. Center ISF Total 98,035 201 Street Maintenance Total 111,933 818 Dental Insurance Total 12,664 202 Street Lighting Total 82,085 Total Internal Svc/Agency Fund 1,469,647 Total General Fund 395,522 Report Total 3,525,780 303 Cemetery Operation Total 9,719 312 Recycle Rebate Total 1,500 Total Special Revenue Fund 11,219 City of Eden Prairie Council Check Register 9/15/2026 Amount Vendor Account Description Business Unit Comments 471,787 HEALTHPARTNERS Medical Insurance Health & Benefits SEP26 Premiums 373,897 UKG INC Payroll Taxes Health & Benefits PR Period Ending 08.21.26 260,483 PUBLIC EMPLOYEES RETIREMENT ASSOCIATION PERA Health & Benefits PR Period Ending 08.07.26 257,434 PIONEER POWER LLC Improvement Contracts Water Capital Geothermal/HVAC Water Plant 112,310 FOBBE ELECTRIC INC OCS-Other Contracted Services Police Remodel Police Renovation 87,135 USB-PURCHASING CARD Various Various Funds 84,111 BITUMINOUS ROADWAYS INC OCS-Other Contracted Services Capital Maint. & Reinvestment 84,075 HAMBURG BUILDERS GROUP LLC OCS-Other Contracted Services Economic Development Fund 82,075 XCEL ENERGY Electric Various Funds 80,835 XCEL ENERGY Electric Street Lighting 79,534 SUBURBAN WASTE OCS-Other Contracted Services Street Maintenance 56,852 BREAKTHRU BEVERAGE MN BEER LLC Liquor Product Received Liquor Funds 53,813 KRAUS-ANDERSON CONSTRUCTION COMPANY OCS-Other Contracted Services Police Remodel 52,634 WEIDNER PLUMBING & HEATING CO OCS-Other Contracted Services Police Remodel 50,505 GRAYMONT Chemicals Water Treatment 42,487 GRAYMONT Chemicals Water Treatment 40,370 DINIUS FENCE LLC OCS-Other Contracted Services Capital Maint. & Reinvestment 39,952 WSB & ASSOCIATES INC OCS-Other Contracted Services CIP Trails 39,580 JOHNSON BROTHERS LIQUOR CO Liquor Product Received Liquor Funds 36,798 KELLINGTON CONSTRUCTION INC OCS-Other Contracted Services Police Remodel 35,787 VOYA Deferred Compensation Health & Benefits 35,251 JOHNSON BROTHERS LIQUOR CO Liquor Product Received Liquor Funds 34,875 CONTRACT HARDWARE CO, INC OCS-Other Contracted Services Police Remodel 34,739 BREAKTHRU BEVERAGE MN BEER LLC Liquor Product Received Liquor Funds 33,718 SOUTHERN GLAZER'S WINE AND SPIRITS OF MINNESOTA LLC Liquor Product Received Liquor Funds 30,800 MN DEPT OF TRANSPORTATION Design & Engineering Transportation Fund 29,433 XCEL ENERGY Electric Various Funds 27,717 PRECISION UTILITIES OCS-Equipment/Vehicles Water Distribution 25,431 HAWKINS INC Chemicals Water Treatment 23,248 CAPITOL BEVERAGE SALES LP Liquor Product Received Liquor Funds 21,505 FACILITIES MANAGEMENT EXPRESS LLC Software Maintenance IT Operating 20,280 ICMA RETIREMENT TRUST-457 Deferred Compensation Health & Benefits 20,238 ADVANCED ENGINEERING & ENVIROMENTAL SERV Process Control Services Water Treatment 19,605 ABM INDUSTRY GROUPS, LLC Janitor Services Various Funds 19,176 WEX Health Savings Account Health & Benefits 19,175 CD3 GENERAL BENEFIT CORPORATION OCS-Equipment/Vehicles Stormwater Non-Capital 18,795 GRI EDEN PRAIRIE, LLC Rent Prairie Village Liquor 18,296 SIR LINES-A-LOT Contracted Striping Traffic Signs 17,849 PRAIRIEVIEW STATION LLC Rent Prairie View Liquor 17,071 VESSCO INC R&M Supplies-Other Water Treatment 16,507 BOSCH BUILDING TECHNOLOGIES LLC Software Maintenance Public Safety Communications 16,240 NEW LOOK CONTRACTING INC Improvement Contracts Transportation Fund 14,922 MANSFIELD OIL COMPANY Motor Fuels Fleet Operating 13,945 UKG INC MN Paid Medical/Leave Liability Health & Benefits 13,597 PHILLIPS WINE AND SPIRITS INC Liquor Product Received Liquor Funds 13,225 BIFFS INC Waste Disposal Park Maintenance 12,969 PHILLIPS WINE AND SPIRITS INC Liquor Product Received Liquor Funds 12,511 VAN PAPER COMPANY Cleaning Supplies Various Funds 11,784 CAPITOL BEVERAGE SALES LP Liquor Product Received Liquor Funds Amount Vendor Account Description Business Unit Comments 11,277 DG MINNESOTA CS 2021 LLC Electric Facilities Operating 10,649 SCOTT COUNTY Autos Fleet-Park & Rec 10,303 MINNESOTA LIFE INSURANCE COMPANY Life Insurance Health & Benefits 9,960 REVOLUTIONARY SPORTS, LLC 9,870 CHASE 9,660 NOTHING BUT HEMP 8,630 BPAS 8,131 USA INFLATABLES 8,045 PRO TREE OUTDOOR SERVICES 7,191 MGX EQUIPMENT SERVICES LLC 7,158 WHEN I WORK INC 7,123 ARTISAN BEER COMPANY 7,113 CATALYST GRAPHICS INC 7,000 ELECTRIC PUMP LLC 6,957 HORIZON COMMERCIAL POOL SUPPLY 6,956 ANN RAGUSI 6,797 CATALYST GRAPHICS INC 6,750 DUNSMORE ASPHALT INC 6,429 HOHENSTEINS INC 6,420 XCEL ENERGY 6,339 HEALTHPARTNERS 6,029 CEMSTONE PRODUCTS COMPANY 6,000 PITNEY BOWES BANK INC RESERVE ACCOUNT 6,000 KEYS WELL DRILLING COMPANY 5,917 ARTISAN BEER COMPANY 5,822 OXFORD STREET MERCHANTS 5,418 SHORT ELLIOTT HENDRICKSON INC 5,296 HOHENSTEINS INC 4,933 EHLERS & ASSOCIATES INC 4,907 MAYNARD, PATRICK 4,798 GUARDIAN FLEET SAFETY LLC 4,776 MADISON NATIONAL LIFE INSURANCE CO INC 4,678 CORRECTIVE ASPHALT MATERIALS LLC 4,600 CASTRO CLEANING LLC 4,475 TAVERN 4 & 5 4,294 CENTERPOINT ENERGY 4,290 BREAKTHRU BEVERAGE MN WINE & SPIRITS 4,282 HEALTHPARTNERS 4,275 SUPER SET FLOORING & TILE LLC 4,132 ALTERNATIVE BUSINESS FURNITURE INC 4,006 XCEL ENERGY 3,960 ESS BROTHERS & SONS INC 3,877 INFRARED CONSULTING SERVICES INC 3,714 LOGIS 3,651 SHADYWOOD TREE EXPERTS 3,626 T-MOBILE 3,543 METRO SALES INCORPORATED* 3,521 CEMSTONE PRODUCTS COMPANY 3,340 CONSTRUCTION MATERIALS INC 3,170 TOM KRAEMER INC 3,120 GRANICUS LLC 3,063 TJ3 LLC 2,902 HANSON SPORTS LLC 2,822 PRESCRIPTION LANDSCAPE Amount Vendor Account Description Business Unit Comments 2,686 TOTAL MECHANICAL SERVICES 2,617 PRAIRIE ELECTRIC COMPANY 2,547 XCEL ENERGY 2,501 FRANKLIN NORDIC LLC 2,440 WINE COMPANY, THE 2,439 ARVIG 2,399 FERGUSON ENTERPRISES LLC #2518 2,380 AIRGAS USA LLC 2,368 BELLBOY CORPORATION 2,366 LYNCH CAMPS INC 2,347 ORIGINAL WATERMEN INC 2,320 MARTIN MARIETTA MATERIALS 2,300 HD ENTERTAINMENT INC 2,286 XIGENT SOLUTIONS LLC 2,274 CLEAR RIVER BEVERAGE CO 2,250 DIETHELM, TAMMY L 2,154 MARTIN MARIETTA MATERIALS 2,112 BRAUN INTERTEC CORPORATION 2,020 FLYING CLOUD TRANSFER STATION 4553 1,973 BARR ENGINEERING COMPANY 1,970 XCEL ENERGY 1,953 GRAINGER 1,914 OUTDOOR ENVIRONMENTS INC 1,913 WINEBOW 1,876 GLOBAL RESERVE LLC 1,850 XCEL ENERGY 1,800 LOCAL 5539 EDEN PRAIRIE 1,796 GOPHER STATE ONE-CALL 1,756 INTERNATIONAL UNION OF OPERATING 1,745 XCEL ENERGY 1,687 FIDELITY SECURITY LIFE INSURANCE CO 1,639 SUMMER LAKES BEVERAGE LLC 1,630 BREAKTHRU BEVERAGE MN WINE & SPIRITS 1,626 PAUSTIS & SONS COMPANY 1,600 LEAST SERVICES COUNSELING 1,600 NAGELL APPRAISAL AND CONSULTING INC 1,590 STREICHERS 1,549 POMP'S TIRE SERVICE INC 1,548 BELLBOY CORPORATION 1,541 CLEAR RIVER BEVERAGE CO 1,520 METRO SALES INCORPORATED* 1,500 JOY COLLABORATIVE 1,500 ALLDATA LLC 1,494 ASPEN MILLS 1,452 TRAFERA LLC 1,450 WEX 1,425 SONUS INTERIORS INC 1,419 DOMACE VINO LLC 1,404 WM MUELLER AND SONS INC 1,403 PRECISE MRM LLC 1,400 MENARDS 1,392 CINTAS CORPORATION 1,376 VINOCOPIA 1,344 SITEONE LANDSCAPE SUPPLY, LLC Amount Vendor Account Description Business Unit Comments 1,329 MEGA BEER 1,311 MENARDS 1,277 T-MOBILE 1,270 OXFORD STREET MERCHANTS 1,245 WATER CONSERVATION SERVICES INC 1,243 TRUE NORTH CONSULTING GROUP 1,226 I-STATE TRUCK CENTER 1,207 WEX 1,186 SYSCO WESTERN MINNESOTA 1,128 ANCHOR PAPER COMPANY 1,124 STEEL TOE BREWING LLC 1,101 UKG INC 1,101 PAUSTIS & SONS COMPANY 1,047 HACH COMPANY 1,016 CAMFIL USA INC 1,000 WICKENHAUSER EXCAVATING INC 989 WEX 978 XCEL ENERGY 969 HOOTSUITE 965 WEX 949 GREAT LAKES COCA-COLA DISTRIBUTION 949 CLAREY'S SAFETY EQUIPMENT 944 A WHALE OF A TREAT 915 BARREL THEORY BEER COMPANY 903 RIVERS EDGE CONCRETE 900 USA SECURITY 889 VINCENT PROMOTIONS LLC 854 MTI DISTRIBUTING INC 847 BERGMAN LEDGE LLC 836 EMERGENCY TECHNICAL DECON 826 INSIGHT BREWING COMPANY LLC 823 BOLTON & MENK INC 817 WEX 816 MTI DISTRIBUTING INC 800 MIDWEST PLAYSCAPES 800 ROE FAMILY SINGERS 796 BLOOMINGTON, CITY OF 781 SITEONE LANDSCAPE SUPPLY, LLC 765 MARLENE PINCK 763 UNMAPPED BREWING CO 740 INDIGO SIGNWORKS, INC. 730 FORKLIFTS OF MINNESOTA INC 717 JOHN HENRY FOSTER MINNESOTA INC 705 WINEBOW 700 RAMSEY COUNTY SHERIFF'S OFFICE 700 TESSMAN KATY 688 ASTLEFORD EQUIPMENT COMPANY INC 660 SEBCO INC 649 VINOCOPIA 614 TWIN CITY SEED CO 611 STREICHERS 600 ACE SUPPLY COMPANY INC 600 CITY OF SAINT PAUL 597 BRYAN ROCK PRODUCTS INC Amount Vendor Account Description Business Unit Comments 595 VENN BREWING COMPANY 595 SHAMROCK GROUP, INC - ACE ICE 588 PMA FINANCIAL NETWORK INC 581 IDENTISYS 580 WOODEN HILL BREWING COMPANY LLC 577 WEX 572 EPIC EVENT RENTAL 570 LOAD'EM UP TRAILERS RENTAL AND SALES 563 ADAM BETTCHER PHOTOGRAPHY 560 POMP'S TIRE SERVICE INC 523 HENKE, RONNIE 501 CENTURYLINK 482 MINNESOTA VALLEY ELECTRIC COOPERATIVE 480 US BANK - CREDIT CARD MERCHANT ONLY 470 PETERSON COUNSELING AND CONSULTING LLC 458 T-MOBILE 457 FASTENAL COMPANY 456 JUNKYARD BREWING COMPANY LLC 455 HENNEPIN COUNTY TREASURER 450 STRYKER SALES CORPORATION 446 MAVERICK WINE LLC 444 DIVERSE BUILDING MAINTENANCE 430 DANGEROUS MAN BREWING 412 CDW GOVERNMENT INC. 410 WINSUPPLY EDEN PRAIRIE MN CO 399 IDEXX DISTRIBUTION CORP 396 J H LARSON COMPANY 388 CITI-CARGO & STORAGE CO, INC 385 WEX 383 JUNKYARD BREWING COMPANY LLC 378 GYM WORKS 377 SHAMROCK GROUP, INC - ACE ICE 364 PRYES BREWING COMPANY 363 INSIGHT BREWING COMPANY LLC 362 HENNEPIN COUNTY TREASURER 353 QUALITY PROPANE 346 BRIDGETOWER OPCO, LLC 319 VESTIS SERVICES LLC 318 BACK CHANNEL BREWING COLLECTIVE LLC 309 COLLINS BROTHERS TOWING 304 WEX 302 WM CORPORATE SERVICES INC 300 CITY OF SAINT PAUL 300 DEALER AUTOMOTIVE SERVICES INC 284 PROP - PR 281 EDEN PRAIRIE FIREFIGHTER RELIEF ASSOC - DUES 274 VESTIS SERVICES LLC 270 DIRECTV 261 MOTION INDUSTRIES INC. 259 NEW FRANCE WINE COMPANY 255 RED BULL DISTRIBUTING COMPANY INC 254 SOCIABLE CIDER WERKS LLC 245 FLEETPRIDE INC 240 TRAFERA LLC Amount Vendor Account Description Business Unit Comments 232 HOME DEPOT CREDIT SERVICES 229 COMPLETE RECOVERY SERVICE 213 I-STATE TRUCK CENTER 212 DANGEROUS MAN BREWING 206 HIRSHFIELD'S 200 ST ANDREWS LUTHERAN CHURCH 200 RYAN AFFOLTER 196 WEX 196 MODIST BREWING COMPANY 195 GAVIN BJORKLUND 193 CENTERPOINT ENERGY 192 CENTERPOINT ENERGY 186 WM MUELLER AND SONS INC 185 CENTERPOINT ENERGY 182 CENTURYLINK 180 WRICH TOM 178 EARL F ANDERSON 178 TIMESAVER OFF SITE SECRETARIAL INC 168 INBOUND BREW CO 163 NORTH CENTRAL LABORATORIES 160 ST FRANCIS VETERINARY CLINIC 157 ZIEGLER INC 152 STEEL TOE BREWING LLC 150 HAGGARD BARREL BREWING COMPANY LLC 150 INDIGO SIGNWORKS, INC. 149 CENTURYLINK 148 INBOUND BREW CO 146 PETTY CASH-EPCC 145 SHRED RIGHT 137 MOTOROLA 136 HORIZON COMMERCIAL POOL SUPPLY 135 BACK CHANNEL BREWING COLLECTIVE LLC 131 WOODEN HILL BREWING COMPANY LLC 130 STERICYCLE INC 130 DEAN CHRISTENSEN 120 HONEYWELL INTERNATIONAL INC 120 MONTGOMERY BREWING COMPANY LLC 117 EARL F ANDERSON 116 MINNESOTA ICE SCULPTURES LLC 115 LUCE LINE BREWING CO LLC 109 TIM KNIPPENBERG 109 XCEL ENERGY 108 WINSUPPLY EDEN PRAIRIE MN CO 107 OFFICE OF MN IT SERVICES 105 XCEL ENERGY 104 KIESLER POLICE SUPPLY INC. 100 SCOTT COUNTY SHERIFF'S OFFICE 93 MN MAINTENANCE EQUIPMENT INC 90 SCOTT DENDOOVEN 89 PROSOURCE SUPPLY 86 CANVAS CRAFT INC 85 MINNESOTA VALLEY ELECTRIC COOPERATIVE 73 MR CUTTING EDGE 73 CENTURYLINK Amount Vendor Account Description Business Unit Comments 66 SMALL LOT MN 65 HIGHLIGHT PRINTING 65 HIGHLIGHT PRINTING 61 KOMROSKY, HANK 60 CDW GOVERNMENT INC. 58 XCEL ENERGY 54 CENTERPOINT ENERGY 52 CENTERPOINT ENERGY 50 CHC CREATING HEALTHIER COMMUNITIES 50 HENNEPIN COUNTY SHERRIF 50 EDEN PRAIRIE CRIME PREVENTION FUND 49 ABIGAIL SWANSON 49 MINNESOTA TROPHIES & GIFTS 43 ROCKEY, JOSH 42 ZACK MCBETH 38 WEX 38 CENTERPOINT ENERGY 38 ASCHENBECK SARA 37 CENTERPOINT ENERGY 36 CHARLES FOLKS 35 CONTECH ENGINEERED SOLUTIONS LLC 33 CENTERPOINT ENERGY 32 CENTERPOINT ENERGY 30 MINNESOTA TROPHIES & GIFTS 29 NIEMANN FOODS INC 28 CENTERPOINT ENERGY 27 XCEL ENERGY 27 CENTERPOINT ENERGY 26 CENTERPOINT ENERGY 26 CENTERPOINT ENERGY 26 CENTERPOINT ENERGY 26 CENTERPOINT ENERGY 26 CENTERPOINT ENERGY 25 MINNESOTA VALLEY ELECTRIC COOPERATIVE 23 JILL HYLAND 22 WEX 20 EDEN PRAIRIE LOCAL NEWS 19 XCEL ENERGY 19 LAKE COUNTRY DOOR LLC 17 UPS SUPPLY CHAIN SOLUTIONS 16 NCPERS GROUP LIFE INSURANCE 10 EDEN PRAIRIE FOUNDATION 10 EDEN PRAIRIE FOUNDATION 9 WEX 8 GREGORY MORTENSON 3,525,780 Report Total City Council Agenda Cover Memo Date: September 15, 2026 Section: Report of Parks and Recreation Director Item Number: XIII.D.1. Department: Parks and Recreation – Keith Bartos, Park Maintenance Supervisor ITEM DESCRIPTION Award contract for Staring Lake Dog Park Fencing REQUESTED ACTION Move to: Award contract for the 2026 Staring Lake dog park fencing project to Dinius Fence LLC for $40,840.00 SUMMARY The Scope of this project is to install fencing at the New Staring Lake Winter use Dog Park. Funding for the fencing comes from the 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 15th day of September 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 Staring Lake Winter Use Dog Park Fencing, 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 September 15th 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 $40,840.00 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 11 of 12 __________________________________ Mayor ___________________________________ City Manager CONTRACTOR By: ________________________________ Its: ________________________________ Standard Agreement for Contract Services (rev. 4/2026) Page 12 of 12 EXHIBIT A Quote/Proposal/Scope of Work