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05-02-23 City Council AgendaMay 2, 2023 — 6:30 PM Council Chambers Hybrid Meeting 1.Call to Order 1A.Pledge of Allegiance and Land Acknowledgement 1B.Roll Call 1C.Proclamation for Arbor Day and Arbor Month 1D.Proclamation for International Firefighters' Day on May 4, 2023 1E.Proclamation Recognizing National Police Week, May 14-20, 2023 1F.Proclamation Recognizing May 1 as International Day of Hope 2.Additions and Corrections to Agenda 3.Consent Agenda Approval of Consent Agenda - All items listed under this heading are considered to be routine by the City Council and will be enacted by one motion. There will be no discussion of these items unless a Council Member so requests in which event the item will be removed from the general order of business and considered in its normal sequence on the agenda. 3A.Approval of City Council Minutes: 3A.1.Minutes of April 18, 2023 - Special City Council Meeting (commission interviews) and Regular City Council Meeting 3B.Approval of City Check Registers 3C.Bids, Quotes, and Contracts: 3C.1.Approve Contract for Replacement of Golf Maintenance Gas Fired Make-Up Air Unit with Uhl Company, Inc. CITY COUNCIL REGULAR MEETING AGENDA City Council meetings are being conducted in a hybrid format with in-person and remote options for attending, participating, and commenting. The public can make statements in this meeting during public comment sections, including the public forum beginning at 6:20 pm. Remote Attendance/Comment Options: Members of the public may attend this meeting by watching on cable channel 16, streaming on CCXmedia.org, streaming via Webex, or by calling 1-415-655-0001 and entering access code 2465 265 3094. The webinar password is dcCZvdNZ876 (32298369 from phones and video systems). Members of the public wishing to address the Council remotely have two options: Via web stream - Stream via Webex and use the ‘raise hand’ feature during public comment sections. Via phone - Call 1-415-655-0001 and enter meeting code 2465 265 3094 and meeting password 32298369. Press *3 to raise your hand during public comment sections. City of Golden Valley City Council Regular Meeting May 2, 2023 — 6:30 PM 1 3C.2.Douglas Drive and Trunk Highway 55 Pedestrian Underpass and Mini-Roundabout Project Approvals A.Approve Local Road Improvement Project (LRIP) SAP 128-594-001 Grant Agreement for Douglas/TH 55 Underpass Project Construction, Resolution No. 23-025 B.Approve Construction Cooperative Agreement with MNDOT, Resolution No. 23-026 C.Approve Construction Cooperative Agreement with Hennepin County, Resolution No. 23-027 D.Approve New Limited Use Permit and Terminate Existing Limited Use Permit with MNDOT, Resolution No. 23-028 E.Award Construction Contract to Minger Construction F.Approve Construction Services Agreement with WSB 3D.Grants and Donations: 3D.1.Approve Resolution No. 23-029 Allocating American Rescue Plan Act (ARPA) Funds for $50,000 to PRISM for Rent and Food Assistance and $60,000 to Help Fund a Portion of Community Connections and Outreach Program 3D.2.Approve Resolution No. 23-030 - Acceptance of Donation for a Park Bench to be Located at West Ring Pond From Ilo and Peggy Leppik 3E.Adopt Resolution No. 23-031 for Approval of City Department Structure 3F.Receive and File March 2023 Quarterly Financial Reports 4.Public Hearing 5.Old Business 6.New Business 6A.Review of Council Calendar 6B.Mayor and Council Communications 1.Other Committee/Meeting updates 7.Adjournment City of Golden Valley City Council Regular Meeting May 2, 2023 — 6:30 PM 2 EXECUTIVE SUMMARY Public Works 763-512-2345 / 763-512-2344 (fax) Golden Valley City Council Meeting May 2, 2023 Agenda Item 1C. Proclamation for Arbor Day and Arbor Month Prepared By Tim Kieffer, Public Works Director Al Lundstrom, Park Maintenance Superintendent Tim Teynor, City Forester Summary The city was awarded the Tree City USA Award for the 36th consecutive year and 11th Tree City Growth Award. Tree City USA recognizes communities that have proven their commitment to an effective, ongoing community forestry program. Tree City USA is sponsored in cooperation with the National Association of State Foresters and the USDA Forest Service. To become a Tree City USA, a community must meet four criteria: 1. Operate a forestry division. 2. Have a tree ordinance. 3. Manage a comprehensive community forestry program. 4. Observe Arbor Day. The city observes Arbor Day by hosting an annual event. This year’s event will be held on May 10 at the SEA School starting at 10:00am. The event includes a presentation, awarding poster contest winners, planting a tree, and distributing tree seedling packets. Financial or Budget Considerations Funding will come from the Forestry operating budget (1646.6320) which has $250 dedicated for Arbor Day supplies. Legal Considerations Not Applicable. Equity Considerations The event is open to everyone. Recommended Action Motion to adopt Proclamation for Arbor Day and Arbor Month declaring May 10, 2023, as Arbor Day and May 2023 as Arbor Month in the City of Golden Valley. 3 Supporting Documents Proclamation - Arbor Day 4 CITY OF GOLDEN VALLEY PROCLAMATION FOR ARBOR DAY AND ARBOR MONTH WHEREAS,trees are an increasingly vital resource in Golden Valley, enriching our lives by purifying air and water, helping conserve soil and energy, serving as recreational settings, providing habitat for wildlife of all kinds, and making our community more livable; and WHEREAS, trees are a renewable resource giving us paper, wood for our homes, fuel for our fires and countless other wood products; and WHEREAS, trees in our city increase property values, enhance the economic vitality of business areas, and beautify our community; and WHEREAS, trees, wherever they are planted, are a source of warmth and security; and WHEREAS, Golden Valley has been recognized as a Tree City USA by the National Arbor Day Foundation and desires to continue its urban forestry efforts; NOW, THEREFORE, BE IT RESOLVED, I, Shepard Harris, Mayor of the City of Golden Valley, have proclaimed May 10, 2023, as Arbor Day and May 2023 as Arbor Month in the City of Golden Valley, and urge all citizens to support efforts to protect our trees and woodlands and to support our City’s urban forestry program; and BE IT FURTHER RESOLVED, the Golden Valley City Council urges all citizens to become more aware of the importance of trees to their well-being, and to plant, nurture, protect, and wisely use Golden Valley’s great treasure of trees. IN WITNESS WHEREOF, I have hereunto set my hand and caused the great seal of the City of Golden Valley to be affixed this 2nd day of May 2023. Shepard M.Harris,Mayor 5 EXECUTIVE SUMMARY Fire 763-512-2345 / 763-512-2344 (fax) Golden Valley City Council Work Session May 2, 2023 Agenda Item 1D. Proclamation for International Firefighters' Day on May 4, 2023 Prepared By Jill Lund, Fire Department Administrative Assistant John Crelly, Fire Chief Summary Proclaiming May 4, 2023 International Firefighters’ Day is in alignment of the City’s long history of dedication and investment in the safety of its citizens, employees and guests through its strong support of the Golden Valley Fire Department. International Firefighters’ Day is a time where the world’s community can recognize and honor the sacrifices that firefighters make to ensure that their communities and environment are as safe as possible, and a day where we can thank current and past firefighters for their contributions. Legal Considerations None Equity Considerations N/A Recommended Action Motion to Proclaim May 4, 2023 as International Firefighters’ Day. Supporting Documents Proclamation - International Firefighters' Day 6 CITY OF GOLDEN VALLEY PROCLAMATION FOR INTERNATIONAL FIREFIGHTERS’ DAY WHEREAS, International Firefighters’ Day is observed each year on May 4th to honor and remember past firefighters who have lost their lives while serving their communities, to express gratitude to those that have served in this line of work, and to show support and appreciation for those who presently serve; and WHEREAS, firefighters dedicate their lives to the protection of life and property; and WHEREAS, regardless of the language a firefighter speaks, or the country in which they reside, all firefighters fight against the same enemy – fire; and WHEREAS, firefighters follow a long line of tradition and honor that inspires them to help colleagues, neighbors and strangers alike; and WHEREAS, at a moment’s notice, firefighters are quick to respond to uncertain situations to mitigate danger and combat the threat of destructive fire in order to protect individuals, families, and the economic being of our community; and WHEREAS, the demands of firefighting are accompanied by both personal and physical tolls that all firefighters knowingly accept while risking their lives to protect the lives of others; and WHEREAS, the Golden Valley City Council has demonstrated a long history of dedication and investment in the safety of its citizens, employees and guests through its strong support of the Golden Valley Fire Department. NOW, THEREFORE, let it be known, that the Mayor and City Council of the City of Golden Valley hereby recognize May 4, 2023 as International Firefighters’ Day and ask all to join in remembering the fallen and those still serving their communities and urge all citizens to express appreciation by showing our gratitude to firefighters everywhere. IN WITNESS WHEREOF, I Shepard M. Harris, Mayor of the City of Golden Valley, have hereunto set my hand and caused the great seal of the City of Golden Valley to be affixed this 4th day of May, 2023. __________________________ Shepard M. Harris, Mayor 7 EXECUTIVE SUMMARY Police 763-512-2345 / 763-512-2344 (fax) Golden Valley City Council Meeting May 2, 2023 Agenda Item 1E. Proclamation Recognizing National Police Week, May 14-20, 2023 Prepared By Virgil Green, Police Chief Alice White, Assistant Police Chief Summary National Police Week will be observed from May 14 through May 20, 2023. This annual, weekly observance pays special recognition to law enforcement officers who serve and protect citizens with courage, dedication, and dignity. The week begins with the Peace Officers Memorial Standing Guard on Sunday, May 14th at 7:00pm until Monday, May 15th at 7:00pm. This 24-hour annual observance honors and remembers the 299 Minnesota Peace Officers who have lost their lives in the line of duty. The Officers of the Golden Valley Police Department have chosen the profession of Law Enforcement and have made the decision to sacrifice themselves, for others, should it become necessary. I invite all civilians to recognize and thank all Peace officers for this choice. Legal Considerations This item did not require legal review. Equity Considerations This item did not require equity review. Recommended Action Motion to proclaim the week of May 14 through May 20, 2023 as National Police Week in the City of Golden Valley. Supporting Documents Proclamation - Police Week 2023 8 CITY OF GOLDEN VALLEY PROCLAMATION RECOGNIZING NATIONAL POLICE WEEK MAY 14 - 20, 2023 WHEREAS,the first recognition of National Police Week and Peace Officers Memorial Day was signed by President Kennedy in 1962. It was resolved by Congress that May 15 be designated Peace Officers Memorial Day and the week in which it falls be designated as Police Week; and WHEREAS,the members of the law enforcement agencies of Golden Valley, Hennepin County and the State of Minnesota continuously provide a vital public service playing an essential role in safeguarding the rights and freedoms of the City of Golden Valley; and WHEREAS,it is important that all citizens know and understand the duties, responsibilities, hazards, and sacrifices of their law enforcement agencies, and that members of our law enforcement agency recognize their duty to serve the people by safeguarding life and property, by protecting them against violence and disorder, and by protecting the innocent against deception and the weak against oppression. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Golden Valley does hereby proclaim the week of May 14 through May 20, 2023 as National Police Week in the City of Golden Valley, and I call upon all citizens and civic organizations to join in commemorating our public safety professionals, and to recognize the substantial contributions they make to protecting our health, safety, and quality of life. IN WITNESS WHEREOF,that I, Shepard M. Harris, Mayor of the City of Golden Valley have hereunto set my hand and caused the seal of the City to be affixed this 2nd day of May, 2023. ___________________________ Shepard M. Harris, Mayor 9 EXECUTIVE SUMMARY City Administration 763-512-2345 / 763-512-2344 (fax) Golden Valley City Council Meeting May 2, 2023 Agenda Item 1F. Proclamation Recognizing May 1 as International Day of Hope Prepared By Timothy Cruikshank, City Manager Summary The first Monday in May is the International Day of Hope where people around the world will celebrate hope on the same day. While hope may seem like an abstract concept, the loss of hope is a symptom of depression, anxiety, addiction, violence, self-harm, homelessness, early death, failure to graduate from school, suicide, poor health, and under performance. The City of Golden Valley previously approved participation in opioid settlements in 2021 and 2023. Opioid overdose deaths have increased dramatically during the COVID-19 pandemic. Data from the Minnesota Department of Health shows that from 2020 to 2021, opioid-involved overdose deaths increased by 44%, to an all-time high of 978 deaths in 2021. This proclamation signals the City's continued support in fighting the opioid crisis and helping residents struggling with addiction, depression, anxiety, violence, self-harm, homelessness, etc. Randy Anderson, Licensed Alcohol and Drug Counselor (LADC) with the Minnesota Board of Behavioral Health and Therapy, will be present to accept the Proclamation. Legal Considerations This item did not require legal review. Equity Considerations This item did not require equity review. Recommended Action Motion to support a proclamation recognizing May 1, 2023 as a Day of Hope in the City of Golden Valley. Supporting Documents Proclamation - International Day of Hope 10 CITY OF GOLDEN VALLEY PROCLAMATION RECOGNIZING A DAY OF HOPE MAY 1, 2023 WHEREAS,a series of recent events including COVID-19 and widespread civil unrest has led to unprecedented increases in hopelessness. Hopelessness for many is a consequence of discrimination and oppression. It is learned and includes emotional despair and motivational helplessness; and WHEREAS,hopelessness is a major symptom of depression, anxiety, addiction, violence, self-harm, homelessness, early death, failure to graduate from school, suicide, poor health, and under performance; and WHEREAS,research has shown that hope is teachable. Higher hope leads to increased community engagement, more productive workforces, better relationships, higher graduation rates, longer lifespans, less crime, less addiction, and reduced poverty. Hope is an inhibiting factor against anxiety and depression, and can be learned at any age; and WHEREAS,iFred, the International Foundation for Research and Education on Depression, has been researching and teaching the Science of Hope worldwide since 2013. The Hopeful Cities initiative seeks to teach all populations the “how-to” of hope; and WHEREAS,hope is available to all and possible no matter what life brings. The time has come to join together to create a global movement for hope. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Golden Valley does hereby proclaim the first Monday of May, 2023 as a “Day of Hope” in and for the City of Golden Valley, launching a “Week of Hope” for all to share the science, story, and strategies of hope in Golden Valley and cities around the world. IN WITNESS WHEREOF,I, Shepard M. Harris, Mayor of the City of Golden Valley, have hereunto set my hand and caused the seal of the City of Golden Valley to be affixed on this 2nd day of May, 2023. ___________________________ Shepard M. Harris, Mayor 11 April 18, 2023 —3:45 PM Council Conference Room Hybrid Meeting CITY COUNCIL SPECIAL MEETING MINUTES Special City Council meetings are being conducted in a hybrid format with in-person and remote options for attending. Present:Mayor Shep Harris, Council Members Maurice Harris, Denise La Mere-Anderson, Gillian Rosenquist, and Kimberly Sanberg Staff present: City Manager Cruikshank and City Clerk Schyma Mayor Harris started the special meeting at 3:45 pm. Special Meeting Item(s): 1.Commissioner Interviews The Golden Valley City Council met to interview the following candidates for appointment to a board or commission: Bridget Glass David Berry Elizabeth Greiter Emily Dietle Mary McCormick Sarah Drawz Tracy Fussy Trevor Parkes 2.Discussion Regarding Appointments to Various Boards and Commissions The Council consensus was to make the following appointments and reappointments at the regular meeting later tonight: BOARD OF ZONING APPEALS TERM DATE Elizabeth Greiter April 30,2025 Nancy Nelson April 30,2025 Richard Orenstein April 30,2026 Chris Carlson April 30,2026 ENVIRONMENTAL COMMISSION TERM DATE Paul Klass April 30,2024 Ellen Brenna April 30,2026 Sarah Drawz April 30,2026 Wendy Weirich April 30,2026 OPEN SPACE AND RECREATION COMMISSION TERM DATE Dawn Speltz April 30,2026 Bill Delaney April 30,2026 Matthew Olson April 30,2026 12 PLANNING COMMISSION TERM DATE Mary McCormick April 30,2024 Chuck Segelbaum April 30,2026 Mike Ruby April 30,2026 DEI COMMISSION TERM DATE David Berry April 30,2025 Nyre Chester April 30,2025 Lee Thoresen April 30,2025 Imara Hixon April 30,2026 Ruth Paradise April 30,2026 PEACE COMMISSION TERM DATE Henry Crosby April 30,2026 Janet Frisch April 30,2026 Bridget Glass April 30,2026 Trevor Parkes April 30,2026 3.Adjournment The Council adjourned by unanimous consent at 6:30 pm. ________________________________ Shepard M. Harris, Mayor ATTEST: _________________________________Theresa J. Schyma, City Clerk 13 April 18, 2023 —6:30 PM Council Chambers Hybrid Meeting CITY COUNCIL REGULAR MEETING MINUTES City Council meetings are being conducted in a hybrid format with in-person and remote options for attending, participating, and commenting. The public can make statements in this meeting during public comment sections, including the public forum beginning at 6:20 pm. 1.Call to Order Mayor Harris called the meeting to order at 6:40 pm. 1A. Pledge of Allegiance and Land Acknowledgement Mayor Harris led the audience in the Pledge of Allegiance and read the City’s Land Acknowledgement statement. 1B. Roll Call Present:Mayor Shep Harris, Council Members Maurice Harris, Denise La Mere-Anderson, Gillian Rosenquist, and Kimberly Sanberg Staff present: City Manager Cruikshank, Deputy City Manager/Human Resources Director Santelices, City Attorney Cisneros, Community Development Director Flores, Finance Director Virnig, IT Manager Peterson, Planning Manager Zimmerman, Planner Campbell, Equity and Inclusion Manager Kaempfer, Executive Assistant Croft, and City Clerk Schyma 1C. New Employee Introductions The Council welcomed new employees including Community Development Director Alma Flores, Equity and Inclusion Manager Seth Kaempfer, and Executive Assistant Melissa Croft. 2.Additions and Corrections to Agenda Mayor Harris announced that the agenda was revised after initial printing on Friday to add Item #3G -Opioid Settlement Participation Authorization, Resolution No. 23-024. Motion by Rosenquist, Second by Sanberg to approve the agenda as submitted. Motion carried 5-0. 14 3.Consent Agenda Approval of Consent Agenda - All items listed under this heading are considered to be routine by the City Council and will be enacted by one motion. There will be no discussion of these items unless a Council Member so requests in which event the item will be removed from the general order of business and considered in its normal sequence on the agenda. Motion by Rosenquist, Second by M. Harris to approve the Consent Agenda as revised: removal of Items #3C.1. Board/Commission Appointments and Reappointments; and #3F. Adopt Resolution No. 23-019 Accepting Council Member Sanberg's Resignation Effective Upon Completion of the Regular City Council Meeting of May 16, 2023 and Declaring a Vacancy for the Office of Council Member Motion carried 5-0. 3A. Approval of City Council Minutes: 3A.1. Minutes of the Regular City Council Meeting of April 4, 2023 3A.2. Minutes of April 11, 2023 - Special City Council Meeting (commission interviews) and Special City Council Closed Executive Session 3B. Approval of City Check Registers 3C. Boards, Commissions, and Task Forces: 3C.1.Board/Commission Appointments and Reappointments 3C.2.Receive and File the Environmental Commission Minutes - January 23, 2023 3C.3.Receive the Environmental Commission Annual Report and Approve the 2023 Work Plan 3D. Bids, Quotes, and Contracts: 3D.1.Authorization to Sign 2023 License Agreement for Micromobility Vehicle Sharing Operations 3D.2.Approve Memorandum of Understanding for Sochacki Park Water Quality Improvement Project Implementation 3E.Grants and Donations: 3E.1.Adopt Resolution No. 23-018 Accepting Grant from Hennepin County for Broadband Expansion 3F.Adopt Resolution No. 23-019 Accepting Council Member Sanberg's Resignation Effective Upon Completion of the Regular City Council Meeting of May 16, 2023 and Declaring a Vacancy for the Office of Council Member 3G.Opioid Settlement Participation Authorization, Resolution No. 23-024 3.Items Removed From the Consent Agenda: 3C.1. Board/Commission Appointments and Reappointments The Council consensus was to make the following appointments and reappointments: BOARD OF ZONING APPEALS TERM DATE Elizabeth Greiter April 30,2025 Nancy Nelson April 30,2025 Richard Orenstein April 30,2026 Chris Carlson April 30,2026 15 ENVIRONMENTAL COMMISSION TERM DATE Paul Klass April 30,2024 Ellen Brenna April 30,2026 Sarah Drawz April 30,2026 Wendy Weirich April 30,2026 OPEN SPACE AND RECREATION COMMISSION TERM DATE Dawn Speltz April 30,2026 Bill Delaney April 30,2026 Matthew Olson April 30,2026 PLANNING COMMISSION TERM DATE Mary McCormick April 30,2024 Chuck Segelbaum April 30,2026 Mike Ruby April 30,2026 DEI COMMISSION TERM DATE David Berry April 30,2025 Nyre Chester April 30,2025 Lee Thoresen April 30,2025 Imara Hixon April 30,2026 Ruth Paradise April 30,2026 PEACE COMMISSION TERM DATE Henry Crosby April 30,2026 Janet Frisch April 30,2026 Bridget Glass April 30,2026 Trevor Parkes April 30,2026 Motion by Rosenquist, Second by La Mere-Anderson to make the aforementioned appointments and reappointments. Motion carried 5-0. 3F. Adopt Resolution No. 23-019 Accepting Council Member Sanberg's Resignation Effective Upon Completion of the Regular City Council Meeting of May 16, 2023 and Declaring a Vacancy for the Office of Council Member Council Member Sanberg encouraged anyone who is interested in serving the community to apply for the vacant Council position. Motion by Sanberg, Second by Rosenquist to adopt Resolution No. 23-019, accepting Council Member Sanberg's resignation effective upon completion of the regular City Council meeting of May 16, 2023 and declaring a vacancy for the office of council member for a term expiring January 2, 2024. Motion carried 5-0 with unanimous approval.(In Favor: M. Harris, S. Harris, La Mere-Anderson, Rosenquist, Sanberg. Opposed: N/A) 4.Public Hearing 4A.RLT Second Addition PUD No. 91, Amendment #5, 8805 and 8905 Wayzata Boulevard,Ordinance No. 762 and Resolution No. 23-020 16 Council Member Rosenquist stated she will step away from the dais and abstain from the discussion and vote for this item tonight since her husband’s construction company was extended an invitation to bid on the project. Planner Campbell discussed the staff report, history of the site, and recommendations from the Planning Commission. Steve Sabraski, Principal, Landform Professional Services, LLC, and Linda McGinty, Vice President - Real Estate, The Luther Company, LLLP, discussed the existing conditions, other places on the site that were considered for the ramp location, and maintenance of the live wall. Mayor Harris opened the public hearing. As there were no comments, the public hearing was closed. The Council consensus was to add a fourth condition to the approval regarding maintenance of the live wall. Motion by La Mere-Anderson, Second by Sanberg to adopt Ordinance No. 762 - Approving Amendment #5 to RLT Second Addition PUD No. 91, subject to the following conditions: 1. All vehicle deliveries shall take place on-site and shall not take place on the street. 2. Applicant shall submit a signage plan including the location, dimensions, and design of all signage across the PUD, to be referenced in the amended PUD Permit. 3. Applicant shall submit a tree preservation plan for the site. 4. PUD permit shall include requirement to maintain live wall or replace live wall with same or similar elements subject to staff approval. Motion carried 4-0 with unanimous approval.(In Favor: M. Harris, S. Harris, La Mere-Anderson, Sanberg. Opposed: N/A. Abstained: Rosenquist.) Motion by M. Harris, Second by Sanberg to adopt Resolution No. 23-020, approving summary publication of Ordinance No. 762. Motion carried 4-0 with unanimous approval.(In Favor: M. Harris, S. Harris, La Mere-Anderson, Sanberg. Opposed: N/A. Abstained: Rosenquist.) 4B.Adopt Resolution No. 23-021 Confirming Assessment for Levy 24039 and Resolution No. 23-022 Confirming Assessment for Levy 24058 to approve the special assessments for the 2023 Pavement Management Project Finance Director Virnig discussed the staff report including any objection forms that were received from residents in the project area. Mayor Harris opened the public hearing. Laura Monson, 2425 Wisconsin Avenue North, asked the Council to look into the varying rates of sewer line work that residents will be required to pay for during the project. 17 Karen Murphy, 2390 Wisconsin Avenue North, believes that residents should be able to pay the 2020 rates instead of the increased 2023 rates since it was the Council that decided to postpone the project in 2020 due to COVID-19. Mayor Harris closed the public hearing. Motion by Sanberg, Second by Rosenquist to adopt Resolution No. 23-021 confirming assessment for Levy 24039 for various public improvements in the 2023 pavement management area. Motion carried 5-0 with unanimous approval.(In Favor: M. Harris, S. Harris, La Mere-Anderson, Rosenquist, Sanberg. Opposed: N/A) Motion by Rosenquist, Second by Sanberg to adopt Resolution No. 23-022 confirming assessment for Levy 24058 for various public improvements in the 2023 pavement management area. Motion carried 5-0 with unanimous approval.(In Favor: M. Harris, S. Harris, La Mere-Anderson, Rosenquist, Sanberg. Opposed: N/A) 5.Old Business 6.New Business 6A.Adopt Resolution No. 23-023 Providing For the Competitive Negotiated Sale of $4,280,000 General Obligation Improvement Bonds, Series 2023A Finance Director Virnig discussed the staff report and timeline of the bond sale process. Motion by M. Harris, Second by Sanberg to adopt Resolution No. 23-023 providing for the competitive negotiated sale of $4,280,000 General Obligation Improvement Bonds, Series 2023A. Motion carried 5-0 with unanimous approval.(In Favor: M. Harris, S. Harris, La Mere-Anderson, Rosenquist, Sanberg. Opposed: N/A) 6B. Review of Council Calendar Mayor Harris reviewed upcoming city meetings, events, and holiday closures. 6C. Mayor and Council Communications 1. Other Committee/Meeting updates Mayor Harris thanked staff and volunteers for the successful Run the Valley event on April 15. 7.Adjournment The meeting was adjourned by unanimous consent at 8:50 pm. ________________________________ ATTEST: Shepard M. Harris, Mayor ________________________________ Theresa J. Schyma, City Clerk 18 EXECUTIVE SUMMARY Administrative Services 763-512-2345 / 763-512-2344 (fax) Golden Valley City Council Meeting May 2, 2023 Agenda Item 3B. Approval of City Check Registers Prepared By Sue Virnig, Finance Director Summary Approval of the check register for various vendor claims again the City of Golden Valley. Document is located on city website at the following location: http://weblink.ci.golden-valley.mn.us/WebLink/Browse.aspx? id=1000913&dbid=0&repo=GoldenValley The check register(s) for approval: 04-14-23 Check Register 04-21-23 Check Register Financial or Budget Considerations The check register has a general ledger code as to where teach claim is charged. At the end of the register is a total amount paid by fund. Legal Considerations Not Applicable Equity Considerations Not Applicable Recommended Action Motion to authorize the payment of the bills as submitted. 19 EXECUTIVE SUMMARY Public Works 763-512-2345 / 763-512-2344 (fax) Golden Valley City Council Meeting May 2, 2023 Agenda Item 3C.1. Approve Contract for Replacement of Golf Maintenance Gas Fired Make-Up Air Unit with Uhl Company, Inc. Prepared By Tim Kieffer, Public Works Director Al Lundstrom, Park Maintenance Superintendent Summary The make-up air unit at Golf Maintenance has reached its useful life cycle, is increasingly needing repairs, and needs to be replaced. Staff proposes to replace the existing unit with a 200 MBH indoor separated combustion furnace unit. Staff solicited quotes to replace the existing unit. The results are below: Option One Mechanical $36,450.00 Uhl Company, Inc.$31,945.00 Financial or Budget Considerations The 2023-2032 Buildings Capital Improvement Program includes $30,000 for the purchase of furnaces (B-052). Additional funding will come from other projects within the Capital Improvement Program below estimated expenses or delayed. Legal Considerations The competitive low quote process was used. Equity Considerations Staff solicited quotes from thirty-six HVAC contractors, including thirty-five Disadvantaged Business Enterprises using the Minnesota Unified Certification Program database, and three community organizations that work with Minority and Women Business Enterprises. Recommended Action Motion to authorize the Mayor and City Manager to execute Contract for Replacement of Golf Maintenance Gas Fired Make-Up Air Unit with Uhl Company, Inc. in a form approved by the City Attorney. Supporting Documents Contract - Replacement of Golf Maintenance Gas Fired Make-Up Air Unit with Uhl Company 20 21 1 CONTRACT FOR REPLACEMENT OF GOLF MAINTENANCE GAS FIRED MAKE-UP AIR UNIT WITH UHL COMPANY, INC. THIS AGREEMENT is made this 2ndday of May 2023(“Effective Date”) by and between Uhl Company, Inc., a heating, ventilation, and air conditioning company located at 9065 Zachary Lane North, Maple Grove, MN 55369 (“Contractor”), and the City of Golden Valley, Minnesota, a Minnesota municipal corporation located at 7800 Golden Valley Road, Golden Valley, MN 55427 (the “City”): RECITALS A. Contractor is engaged in the business of heating, ventilation, and air conditioning. B. The City desires to hire Contractor to provide heating, ventilation, and air conditioning services. C. Contractor represents that it has the professional expertise and capabilities to provide the City with the requested work. D. The City desires to engage Contractor to provide the work described in this Agreement and Contractor is willing to provide such work on the terms and conditions in this Agreement. NOW, THEREFORE, in consideration of the terms and conditions expressed herein, the City and Contractor agree as follows: AGREEMENT 1.The Work.Contractor shall perform the work more fully described in the attached Exhibit A (the “Work”). The Work includes all work and services required by this Agreement, whether completed or partially completed, and includes all labor, materials, equipment, and services provided or to be provided by Contractor to fulfill Contractor’s obligations. All Work shall be completed according to the specifications set forth in the attached Exhibit B. 2.Time for Completion.The Contractor shall proceed diligently and shallcomplete the Work to the satisfaction and approval of the Cityaccording to the deadlines set forth in Exhibit A (the “Contract Time”). Contractor shall notify the City in writing of any cause of delay of the Work within 24 hours after such cause of delay arises. If Contractor fails to complete the Work by the Contract Time, the City may immediately, or at any time thereafter, proceed to complete the Work at the Contractor’s expense. If Contractor gives written notice of a delay over which Contractor has no control, the City may, at its discretion, extend the Contract Time. 3.Consideration.In consideration of the performance of the Work, the City shall pay to Contractor the amount set forth herein Exhibit C (the “Contract Price”). The consideration shall be for both the Work performed by Contractor and the expenses incurred by Contractor in performing the Work. Contractor shall submit statements to the City containing a detailed list of project labor and hours, rates, titles, and amounts undertaken by Contractor during the relevant billing period. The City shall pay Contractor within thirty (30) days after receiving a statement from Contractor. 22 2 4.Extra Work.Unless approved by the City in writing, Contractor shall make no claim for extra work done or materials furnished, nor shall Contractor do any work or furnish any materialsnot covered by the plans and specifications of this Agreement. Any such work or materials furnished by Contractor without written City approval shall be at Contractor’s own risk and expense. Contractor shall perform any altered plans ordered by the City; if such alteration reduces the cost of doing such work, the actual amount of such reduction shall be deducted from the contract price for the Work. 5.Expense Reimbursement.Contractor shall not be compensated separately for necessary incidental expenses. All expenses of Contractor shall be built into Contractor’s fixed compensation rate, unless reimbursement is provided for an expense that received the prior written approval of the City, which approval may be provided via electronic mail. 6.Approvals.Contractor shall secure the City’s written approval before making any expenditures, purchases, or commitments on the City’s behalf beyond those listed in the Work. The City’s approval may be provided via electronic mail. 7.Protection of Persons and Property.Contractor shall be responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the performance of the Work. Contractor shall take reasonable precautions for the safety of, and shall provide reasonable protection to prevent damage, injury, or loss to: a. Persons performing the Work and other persons who may be affected by the Work; b. The Work and materials and equipment to be incorporated therein; and c. Other property at the site or adjacent to the site, such as trees, shrubs, lawns, walks, pavement, roadways, structures and utilities. Contractor shall promptly remedy damage and loss to property caused in whole or in part by Contractor or any of its subcontractors, agents, or anyone directly or indirectly employed by any of them. 8.Termination.This Agreement shall remain in force and effect commencing from the effective date and continuing until the completion of all of the parties’ obligations hereunder, unless terminated by the City or amended pursuant to the Agreement. Notwithstanding any other provision hereof to the contrary, this Agreement may be terminated as follows: a. The parties, by mutual written agreement, may terminate this Agreement at any time; b. Contractor may terminate this Agreement in the event of a breach of the Agreement by the City upon providing thirty (30) days’ written notice to the City; c. The City may terminate this Agreement at any time at its option, for any reason or no reason at all; or d. The City may terminate this Agreement immediately upon Contractor’sfailure to have in force any insurance required by this Agreement. In the event of a termination, the City shall pay Contractorfor Work performed to the date of termination and for all costs or other expenses incurred prior to the date of termination. 9.Amendments.No amendments may be made to this Agreement except in a writing signed by both parties. 23 3 10.Remedies. In the event of a termination of this Agreement by the City because of a breach by Contractor, the City may complete the Work either by itself or by contract with other persons or entities, or any combination thereof. These remedies provided to the City for breach of this Agreement by Contractor shall not be exclusive. The City shall be entitled to exercise any one or more other legal or equitable remedies available because of Contractor’s breach. 11.Records/Inspection.Pursuant to Minnesota Statutes § 16C.05, subd. 5, Contractor agrees that the books, records,documents, and accounting procedures and practices of Contractor, that are relevant to this Agreementor transaction, are subject to examination by the City and the state auditor or legislative auditor for a minimum of six years. Contractor shall maintain such records for a minimum of six years after final payment. The parties agree that this obligation will survive the completion or termination of this Agreement. 12.Indemnification.To the fullest extent permitted by law, Contractor, and Contractor’s successors or assigns, agree to protect, defend, indemnify, save, and hold harmless the City, its officers, officials, agents, volunteers, and employees from any and all claims; lawsuits; causes of actionsof any kind,nature, or character; damages; losses; andcosts, disbursements, and expenses of defending the same, including but not limited to attorneys’ fees, professional services, and other technical, administrative or professional assistance resulting from or arising out of Contractor’s (or its subcontractors, agents, volunteers, members, invitees, representatives, or employees) performance of the duties required by or arising from this Agreement, or caused in whole or in part by any negligent act or omission or willful misconduct by Contractor, or arising out of Contractor’s failure to obtain or maintain the insurance required by this Agreement. Nothing in this Agreement shall constitute a waiver or limitation of any immunity or limitation on liability to which the City is entitled. The parties agree that these indemnification obligations shall survive the completion or termination of this Agreement. 13.Insurance.Contractor shall maintain reasonable insurance coverage throughout this Agreement. Contractor agrees that before any work related to the approved project can be performed, Contractor shall maintain at a minimum: a. Worker’s Compensation Insurance as required by Minnesota Statutes, section 176.181; b. Business Auto Liability covering vehicles owned by Contractor and non-owned vehicles used by Contractor, with policy limits not less than $1,000,000.00 per accident, for bodily injury, death of any person, and property damage arising out of the ownership, maintenance, and use of such motor vehicles, along with any statutorily required automobile coverage; c. Commercial General Liability in an amount of not less than $1,000,000.00 per occurrence, $2,000,000 general aggregate, and $2,000,000 for products-completed operations hazard, providing coverage for claims including: i. Damages because of bodily injury, sickness or disease, including occupational sickness or disease, and death of any person; ii. Personal and advertising injury; iii. Damages because of physical damage to or destruction of property, including loss of use of such property; iv. Bodily injury or property damage arising out of completed operations; and v. Contractor’s indemnity obligations under this Agreement. 24 4 To meet the Commercial General Liability and Business Auto Liability requirements, Contractor may use a combination of Excess and Umbrella coverage. Prior to commencement of the Work, Contractor shall provide the City with a current certificate of insurance including the following language: “The City of Golden Valley is named as an additional insured with respect to the commercial general liability, business automobile liability and umbrella or excess liability, as required by the contract. The umbrella or excess liability policy follows form on all underlying coverages.” Such certificate of liability insurance shall list the City as an additional insured and contain a statement that such policies of insurance shall not be canceled or amended unless 30 days’ written notice is provided to the City, or 10 days’written notice in the case of non-payment. 14.Compliance with State Withholding Tax. Before final payment is made for the Work on this project, Contractor must make a satisfactory showing that it has complied with the provisions of Minnesota Statutes, section 290.92 requiring the withholding of State Income Tax for wages paid employees on this project by providing to the City Engineer a Certificate of Compliance from the Commissioner of Taxation. Contractor is advised that before such Certificate can be issued, Contractor must first place on file with the Commissioner of Taxation an affidavit, in the form of an IC-134, that Contractor has complied with the provisions of Minnesota Statutes Section 290.92. 15.Assignment.Neither the City nor Contractor shall assign this Agreement or any rights under or interest in this Agreement, in whole or in part, without the other party’s prior written consent. Any assignment in violation of this provision is null and void. Neither the City nor Contractor shall assign, or transfer any rights under or interest (including, but without limitation, moneys that may become due or moneys that are due) in the Agreement without the written consent of the other except to the extent that the effect of this limitation may be restricted by law. Unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under this Agreement. Nothing contained in this paragraph shall prevent Contractor from employing such independent consultants, associates, and subcontractors, as it may deem appropriate to assist it in the performance of the Work required by this Agreement. Any instrument in violation of this provision is null and void. 16.Independent Contractor.Contractor is an independent contractor. Contractor’s duties shall be performed with the understanding that Contractor has special expertise as to the Work which Contractor is to perform and is customarily engaged inthe independent performance of the same or similar workfor others. Contractor shall provide or contract for all required equipment and personnel. Contractor shall control the manner in which the Work is performed; however, the nature of the Work and the results to be achieved shall bespecified by the City. The parties agree that this is not a joint venture and the parties are not co-partners. Contractoris not an employee or agent of the City and has no authority to make any binding commitments or obligations on behalf of the City except to the extent expressly provided in this Agreement. All Work provided by Contractor pursuant to this Agreement shall be provided by Contractor as an independent contractor and not as an employee of the City for any purpose, including but not limited to: income tax withholding, workers' compensation, unemployment compensation, FICA taxes, liability for torts and eligibility for employee benefits. 17.Compliance with Laws.Contractorshall exercise due professional care to comply with applicable federal, state and local laws, rules, ordinances and regulations in effect as of the Effective Date. Contractor’sguests, invitees, members, officers, officials, agents, employees, volunteers, representatives, and subcontractors shall abide by the City’s policies prohibiting sexual harassment and tobacco, drug, and alcohol use as defined on the City’s Tobacco, Drug, and Alcohol Policy, as well as all other reasonable work 25 5 rules, safety rules, or policies, and procedures regulating the conduct of persons on City property, at all times while performing duties pursuant to this Agreement. Contractor agrees and understands that a violation of any of these policies, procedures, or rules constitutes a breach of the Agreement and sufficient grounds for immediate termination of the Agreement by the City. 18.Entire Agreement.The Contract Documents shall constitute the entire agreement between the City and Contractor, and supersede any other written or oral agreements between the City and Contractor. 19.Third Party Rights.The parties to this Agreement do not intend to confer any rights under this Agreement on any third party. 20.Choice of Law and Venue.This Agreement shall be governed by and construed in accordance with the laws of the state of Minnesota. Any disputes, controversies, or claims arising out of this Agreement shall be heard in the state or federal courts of Hennepin County, Minnesota, and all parties to this Agreement waive any objection to the jurisdiction of these courts, whether based on convenience or otherwise. 21.Conflict of Interest.Contractor shall use reasonable care to avoid conflicts of interest and appearances of impropriety in representation of the City. In the event of a conflict of interest, Contractor shall advise the City and,either secure a waiver of the conflict, or advise the City that it will be unable to provide the requested Work. 22.Agreement Not Exclusive.The City retains the right to hire other professionals, contractors and service providers for this or other matters, in the City’ssole discretion. 23.Data Practices Act Compliance.Any and all data provided to Contractor, received from Contractor, created, collected, received, stored, used, maintained, or disseminated by Contractor pursuant to this Agreement shall be administered in accordance with, and is subject to the requirements of the Minnesota Government Data Practices Act, Minnesota Statutes, Chapter 13. Contractoragrees to notify the City within three business days if it receives a data request from a third party. This paragraph does not create a duty on the part of Contractor to provide access to public data to the public if the public data are available from the City, except as required by the terms of this Agreement. These obligations shall survive the termination or completion of this Agreement. 24.No Discrimination.Contractor agrees not to discriminate in providing the Work under this Agreement on the basis of race, color, sex, creed, national origin, disability, age, sexual orientation, status with regard to public assistance, or religion. Violation of any part of this provision may lead to immediate termination of this Agreement. Contractor agrees to comply with Americans with Disabilities Act as amended (“ADA”), section 504 of the Rehabilitation Act of 1973, and the Minnesota Human Rights Act, Minnesota Statutes, Chapter 363A. Contractoragrees to hold harmless and indemnify the City from costs, including but not limited to damages, attorneys’ fees and staff time, in any action or proceeding brought alleging a violation of these laws by Contractor or its guests, invitees, members, officers, officials, agents, employees, volunteers, representatives and subcontractors. Upon request, Contractor shall provide accommodation to allow individuals with disabilities to participate in all Work under this Agreement. Contractor agrees to utilize its own auxiliary aid or service in order to comply with ADA requirements for effective communication with individuals with disabilities. 26 6 25.Authorized Agents.The City’s authorized agent for purposes of administration of this contract is Tim Kieffer, or designee. Contractor’s authorized agent for purposes of administration of this contract is Jake Lehmann, or designee who shall perform or supervise the performance of all Work. 26.Notices.Any notices permitted or required by this Agreement shall be deemed given when personally delivered or upon deposit in the United States mail, postage fully prepaid, certified, return receipt requested, addressed to: CONTRACTOR THE CITY Uhl Company, Inc. 9065 Zachary Lane North Maple Grove, MN 55369 jakel@uhlco.com City of Golden Valley 7800 Golden Valley Road Golden Valley, MN 55427 tkieffer@goldenvalleymn.gov or such other contact information as either party may provide to the other by notice given in accordance with this provision. 27.Waiver.No waiver of any provision or of any breach of this Agreement shall constitute a waiver of any other provisions or any other or further breach, and no such waiver shall be effective unless made in writing and signed by an authorized representative of the party to be charged with such a waiver. 28.Headings.The headings contained in this Agreement have been inserted for convenience of reference only and shall in no way define, limit or affect the scope and intent of this Agreement. 29.Payment of Subcontractors.Contractor agrees to pay all laborers employed and all subcontractors furnishing material to Contractor in the performance of this Agreement. If Contractor fails to pay any claims and demands for labor and materials, the City may apply the monies due to Contractor toward paying and satisfying such claims and demands. The City has the right to apply monies due to Contractor towards paying any accrued indebtedness or any claim which may hereafter come due against Contractor. The amount of such payments shall be deducted from the balance due to the Contractor; provided that nothing herein nor any variation from the amounts and timing of the installments shall be construed as impairing the right of the City or of those to whose benefit the bond herein agreed upon shall insure, to hold Contractor or surety liable on the bond for any breach of the conditions of the same nor as imposing upon the City any obligation to laborers, materialmen, contractors, or sureties to pay or to retain for their benefit any monies coming to the contractor hereunder. Pursuant to Minnesota Statutes, Section 471.425, Subdivision 4(a), Contractor must pay any subcontractor within ten (10) days of Contractor’s receipt of payment from the City for undisputed services provided by the subcontractor. Contractor must pay interest of one and one-half percent (1½%) per month or any part of a month to the subcontractor on any undisputed amount not paid on time to the subcontractor. The minimum monthly interest penalty payment for an unpaid balance of $100.00 or more is $10.00. For an unpaid balance of less than $100.00, Contractor shall pay the actual penalty due to the subcontractor. A subcontractor who prevails in a civil action to collect interest penalties from the Contractor shall be awarded its costs and disbursements, including attorney’s fees, incurred in bringing the action. 27 7 30.Severability.In the event that any provision of this Agreement shall be illegal or otherwise unenforceable, such provision shall be severed, and the balance of the Agreement shall continue in full force and effect. 31.Signatory.Each person executing this Agreement (“Signatory”) represents and warrants that they are duly authorized to sign on behalf of their respective organization. In the event Contractor did not authorize the Signatory to sign on its behalf, the Signatory agrees to assume responsibility for the duties and liability of Contractor, described in this Agreement, personally. 32.Counterparts and Electronic Communication.This Agreement may be executed in two or more counterparts, each of which shall be deemed an original, but all of which taken together shall constitute one and the same instrument. This Agreement may be transmitted by electronic mail in portable document format (pdf) and signatures appearing on electronic mail instruments shall be treated as original signatures. 33.Recitals.The City and Contractor agree that the Recitals are true and correct and are fully incorporated into this Agreement. IN WITNESS WHEREOF,the City and Contractor have caused this Independent Contractor Agreement to be executed by their duly authorized representatives in duplicate on the respective dates indicated below. UHL COMPANY,INC.:CITY OF GOLDEN VALLEY: By: _________________________________ Jake Lehmann, Account Manager By: _________________________________ Shepard M. Harris, Mayor By: _________________________________ Timothy J. Cruikshank, City Manager 28 EXHIBIT A SCOPE OF WORK 1.Work. The Work shall include all labor, equipment, tools, and supplies necessary to replace Golf Maintenance air make up and heating unit. The Work shall include, but not limited to, replacement of gas fired make-up air unit, ductwork, piping, fittings, support bracing, electrical work, and disposal of existing make-up air unit and materials. 2.Make-Up Air Unit. Make-up air unit shall be replaced with existing Reznor X-200L Forced Air Furnace, or comparable unit. A. SCE-200 B. 200 MBH Indoor Separated Combustion Furnace C. E-3 (409) Stainless Steel Heat Exchanger D. Aluminized Steel Burner and Drip Pan (Furnace Section) E. Electronic Modulationbetween50% and 100% input with remote temperature selector (Make-up Air Section) F. 115/1/60 Supply Voltage G. 3/4 HP 1800 RPM open style blower motor H. 1650 CFM I.2” Filter Rack 3.Schedule.The Work shall be completed by November 1, 2023. 4.Location. Golf Maintenance is located at 101 Brookview Parkway North, Golden Valley, MN 55427. 29 EXHIBIT B SPECIAL CONDITIONS 1.Responsible Contractor Certification. Contractor and subcontractor(s) shall be a “responsible contractor” as defined in Minnesota Statutes §16C.285, subdivision 3. Contractor or subcontractor(s) that do not meet the minimum criteria established in Minnesota Statutes §16C.285, subdivision 3, or who fails to verify compliance with the minimum requirements, will not be a “responsible contractor” and will be ineligible to perform the Work. Contractor and subcontractor(s) are that make a false statement verifying compliance with any of the minimum criteria shall result in the termination of this Agreement. 2.Permits and Licenses.Contractor shall procure all permits and licenses as required, pay all charges and fees and give all notices necessary and incidental to the due and lawful prosecution of the Work. 3.Hours of Operation. Work shall occur Monday through Friday from 7:00 a.m. to 3:00 p.m. excluding holidays. 4.Mobilization.The mobilization shall be included in the base price in all aspects of the Work per unit price herein Exhibit C. No additional compensation will be considered for mobilization. 5.Risk of Loss. Contractor acknowledges that it will bear all risk of loss with regard to its performance under this Agreement, including without limitation, cost on losses caused by delays attributable to Contractor, breakdowns of trucks, equipment and the acts or omissions of Contractor’s employees. Contractor acknowledges that the City owns trucks and equipment for similar work and has employees for operating such trucks and equipment. Contractor agrees that the City may utilize its trucks, equipmentand employeesin any manner that it wishes and that the City is not obligated to order work from Contractor unless it chooses not to use its own trucks and equipment. 6.Measurement and Payment.Payment for all items for this project shall be by the unit price as stated herein Exhibit C. The estimated quantities on the Proposal form are for determination of the lowest cost for the Work. The City reserves the right to increase or decrease quantities shown on the Proposal to stay within the amount budgeted by the City. No claims for extra compensation due to increased or decreased quantities shall be considered. Contractor shall submit all final quantities to the City within one month after completion of the Work. 7.Contract Extension. Contractor shall perform fully, entirely, and in an acceptable manner, the Work contracted for within the time stated herein Exhibit A. Contractor shall, not less than ten (10) days prior to said date, make written request to the City for an extension of time for completion, setting forth fully in its request the reasons which Contractor believes justify the granting of the request. If the City finds that the Work has been delayed on account of unusual conditions beyond the control of Contractor, or the quantities of the Work done or to be done are in excess of the Contract quantities in sufficient amount to warrant additional time; the City may, in its sole discretion, grant an extension of time for the completion to such date as may seem reasonable and proper. In case such extension is not granted, the right to proceed with the Work may be considered as forfeited as of the Contract Time, including all agreed upon adjustments, and the City, without violating the Contract, may proceed immediately to take over the Work, materials and equipment and make final settlement of costs incurred, except that it shall not be necessary to give Contractor written ten (10) days’ notice for such forfeiture. 30 EXHIBIT C PROPOSAL Contractor certifies that an examination has been made of the scope and location of work and proposes to furnish all necessary machinery, equipment, tools, labor and other means for the Work and to furnish all materials specified in the manner and at the time prescribed in the Contract Documents. Contractor understands that the quantities shown herein are approximate only and are subject to increase or decrease. Contractor further understands all quantities, whether increased or decreased, shallbe performed at the unit pricesbelow.The cost of hauling to the dumpsite and the cost of dumping material at the site shall be included in the prices bid for the equipment. Description Units Quantity Unit Price Total Replacement of Gas Fired Make-Up Air Unit LS 1 $31,945.00 $31,945.00 TOTAL COST FOR REPLACEMENT OF GAS FIRED MAKE-UP AIR UNIT $31,945.00 31 EXECUTIVE SUMMARY Community Development 763-512-2345 / 763-512-2344 (fax) Golden Valley City Council Meeting May 2, 2023 Agenda Item 3C.2. Douglas Drive and Trunk Highway 55 Pedestrian Underpass and Mini-Roundabout Project Approvals A. Approve Local Road Improvement Project (LRIP) SAP 128-594-001 Grant Agreement for Douglas/TH 55 Underpass Project Construction, Resolution No. 23-025 B. Approve Construction Cooperative Agreement with MNDOT, Resolution No. 23-026 C. Approve Construction Cooperative Agreement with Hennepin County, Resolution No. 23-027 D. Approve New Limited Use Permit and Terminate Existing Limited Use Permit with MNDOT, Resolution No. 23-028 E. Award Construction Contract to Minger Construction F. Approve Construction Services Agreement with WSB Prepared By RJ Kakach, PE, Assistant City Engineer Jeff Oliver, PE, City Engineer Summary In March of 2020, City Council authorized a professional services agreement with WSB & Associates, Inc. for preliminary design services on the Douglas Drive/Trunk Highway 55 Pedestrian Underpass and Roundabout Project. The preliminary design advanced the project design from the 30% level to the 75% level. The project was then submitted for State funding and routed through the Senate Capital Investment Committee. The solicitation was successful and $6,500,000 of state funding for the project was included in the 2020 Bonding Bill. In August of 2021, City Council approved a professional services agreement with WSB & Associates, Inc. for final design. The final design process included acquiring right of way and easements from three properties adjacent to the project area. Local Road Improvement Program (LRIP) Grant Agreement for Construction In order to utilize the General Obligation funding for construction, a Local Road Improvement Program (LRIP) grant agreement must be approved between the City and the State. The grant agreement and associated resolution are attached. A similar grant agreement was approved at the January 18, 2022 City council meeting to authorize state funding for project design. Construction Cooperative Agreement with MNDOT MNDOT requires that a construction cooperative agreement be executed in order to construct the City's pedestrian underpass within MNDOT right of way. The agreement outlines project scope, 32 construction, maintenance, and financial responsibilities for MNDOT and the City for work occurring in MNDOT right of way. The cooperative agreement and associated resolution are attached. Construction Cooperative Agreement with Hennepin County The construction of the pedestrian tunnel requires retaining walls on the north and south side of TH 55 where the trail leading out of the tunnel climbs up to the roadway. On the north side of TH 55, the retaining wall along the trail protrudes into the Douglas Drive right of way managed by Hennepin County. Since this is a permanent structure within Hennepin County right of way, the County requires a Construction Cooperative Agreement be executed between the City and the County that outlines the responsibilities of both entities during and post construction. The cooperative agreement and associated resolution are attached. Limited Use Permit (LUP) with MNDOT In 2016, the City entered into a Limited Use Permit (LUP) for Non-Motorized Recreational Trails within MNDOT right of way as part of the Douglas Drive reconstruction project. These permitted facilities will be impacted and modified with the Douglas Drive/TH 55 Underpass project. MNDOT is requesting the existing LUP #2723-0167 be terminated and a new LUP #2723-0263 be approved and issued. The new agreement permits the construction, maintenance, and operation of a non-motorized trail within MNDOT right of way consistent with the Douglas Drive/TH 55 Underpass project plans. The existing LUP #2723-0167 will be terminated upon approval of the proposed LUP #2723-0263. Both LUPs as well as the Termination Letter are attached. Project Award The project was advertised for bids in March and bids were opened on April 13, 2023. The following bids were received: Bidder Base Bid Minger Construction $8,876,831.49 Valley Paving, Inc.$9,193,192.68 Meyer Contracting $9,319,728.93 Eureka Construction $9,527,407.65 Park Construction $9,613,390.25 Staff reviewed the bids and found them to be accurate and in order. Staff recommends awarding the contract to Minger Construction in the amount of $8,876,831.49. Construction Observation, Engineering, and Administrative Services In addition to the construction contract, staff has received a proposal from WSB & Associates, dated April 24, 2023 for construction staking, engineering and administrative services for the project. The work includes all survey and staking during construction, observation, contract administration, environmental services, public outreach, materials testing, record drawing survey, and drawing preparation following construction. The proposal includes a not-to-exceed amount of $609,645. Financial or Budget Considerations The financing for the project is summarized as follows: State General Obligation Bond Funds - $6,500,000 Street CIP Funds - $618,220.87 33 S &W CIP Funds - $615,736.43 Joint Water Commission Funds - $303,639.22 Metropolitan Council Environmental Services Funds - $2,609,898.97 TOTAL - $10,647,495.49 Legal Considerations All agreements and contracts have been reviewed by the City Attorney. Equity Considerations The relocation of the MCES forcemains will allow for a new pedestrian tunnel to be installed beneath TH 55 providing safer and better access for all users of the Douglas Drive and TH 55 intersection. Recommended Action A. Motion to adopt Resolution No. 23-025for Local Road Improvement Program (LRIP) SAP 128- 594-001 Grant Agreement for Douglas/TH 55 Underpass. B. Motion to adopt Resolution No. 23-026 to Approve Construction Cooperative Agreement with MNDOT C. Motion to adopt Resolution No. 23-027 to Approve Construction Cooperative Agreement with Hennepin County D. Motion to adopt Resolution No. 23-028 to Approve New Limited Use Permit #2723-0263 and Terminate Existing Limited Use Permit #2723-0167 with MNDOT E. Motion to authorize the Mayor and City Manager to execute a construction agreement with Minger Construction in the form approved by the City Attorney for the Douglas Drive and Trunk Highway 55 Pedestrian Underpass and Mini-Roundabout Project #20-15 in the amount of $8,876,831.49. F. Motion to authorize the Mayor and City Manager to execute a professional services agreement with WSB and Associates in the form approved by the City Attorney for the observation, construction staking, engineering, and administrative services on the Douglas Drive and Trunk Highway 55 Pedestrian Underpass and Mini-Roundabout Project, for an amount not to exceed $8,876,831.49. Supporting Documents A. Local Road Improvement Project (LRIP) SAP 128-54-01 Res 23-025 B. MnDOT Construction Cooperative Agreement with Resolution 23-026. C. Construction Cooperative Agreement with Hennepin County Resolution 23-027 D. LUP and Terminate Existing LUP with MnDOT and Resolution 23-028 E. Construction Contract with Minger Construction F. Construction Services Agreement with WSB Engineering 34 MnDOT Agreement No. 1053230 SAP No. 128-594-001, tied to SP 2723-146 Revised December 2022 1 LOCAL ROAD IMPROVEMENT PROGRAM (LRIP) GRANT AGREEMENT This Agreement between the Minnesota Department of Transportation (“MnDOT”) and the Grantee named below is made pursuant to Minnesota Statutes Section 174.52 and pursuant to Minn. Laws 2020, 5th Special Session, Chapter 3- H.F. 1. The provisions in that section and the Exhibits attached hereto and incorporated by reference constitute this Agreement and the persons signing below agree to fully comply with all of the requirements of this Agreement. This Agreement will be effective on the date State obtains all required signatures under Minnesota Statutes §16C.05, subdivision 2. 1.Public Entity (Grantee) name, address, and contact person: ____City of Golden Valley______________ ____7800 Golden Valley Road___________ ____Golden Valley, MN 55427___________ _____________________________________ Contact: ___Jeff Oliver, City Engineer 763-593-8034, joliver@goldenvalleymn.gov 2.Project(s): Name of Project & Project Number (See Exhibit C for location) Amount of LRIP Funds Amount of Required Matching Funds Completion Date TH 55 and Olson Memorial Service Road – SAP 128-594-001, SP 2723-146 $5,232,091.08 $ 3,644,740.41 December 31, 2028 3.Total Amount of LRIP Grant for all projects under this Agreement: $5,232,091.08 4.The following Exhibits for each project are attached and incorporated by reference as part of this Agreement: Exhibit A Completed Sources and Uses of Funds Schedule Exhibit B Project Schedule Exhibit C Bond Financed Property Certification Exhibit D Grant Application Exhibit E Grantee Resolution Approving Grant Agreement Exhibit F General Terms and Conditions 35 MnDOT Agreement No. 1053230 SAP No. 128-594-001, tied to SP 2723-146 Revised December 2022 2 5.Additional requirements, if any: 6.Any modification of this Agreement must be in writing and signed by both parties. (The remaining portion of this page was intentionally left blank.) 36 MnDOT Agreement No. 1053230 SAP No. 128-594-001, tied to SP 2723-146 Revised December 2022 3 PUBLIC ENTITY (GRANTEE) By:__________________________________ Title: SHEPARD M. HARRIS, MAYOR Date: MAY 2, 2023 By:__________________________________ Title: TIMOTHY J. CRUIKSHANK, CITY MANAGER Date: MAY 2, 2023 DEPARTMENT OF TRANSPORTATION Approval and Certifying Encumbrance By:__________________________________ State Aid Programs Manager Date: ________________________________ Office of Contract Management By:__________________________________ Contract Administrator Date: ________________________________ 37 MnDOT Agreement No. 1053230 SAP No. 128-594-001, tied to SP 2723-146 Revised December 2022 4 EXHIBIT A SOURCES AND USES OF FUNDS SCHEDULE SOURCES OF FUNDS USES OF FUNDS Entity Supplying Funds Amount Expenses Amount State Funds:Items Paid for with LRIP LRIP Grant (Acct 337)$_5,232,091.08 Grant Funds: Roadway and Box Culvert Construction $5,232,091.08 Other:$ ________________$___________________________$ ________________$___________________________ ________________$___________________________ Subtotal $5,232,091.08 Subtotal $5,232,091.08 Public Entity Funds:Items paid for with Non- Matching Funds LRIP Grant Funds: Local Match $ 3,644,740.41 Watermain and Parking Lot $644,856.54 Other:Met Council Force Main $2,999,883.87 ________________$___________________________$___________ ________________$___________________________$___________ ________________$___________ Subtotal $ 3,644,740.41 Subtotal $ 3,644,740.41 TOTAL FUNDS $8,876,831.49 =TOTAL PROJECT COSTS $8,876,831.49 38 MnDOT Agreement No. 1053230 SAP No. 128-594-001, tied to SP 2723-146 Revised December 2022 5 EXHIBIT B PROJECT SCHEDULE Award Date February 21, 2023 Construction Start Date March 13, 2023 Construction Substantial Complete Date September 30, 2023 Contract Final Completion Date: December 31, 2028 39 MnDOT Agreement No. 1053230 SAP No. 128-594-001, tied to SP 2723-146 Revised December 2022 6 EXHIBIT C BOND FINANCED PROPERTY CERTIFICATION State of Minnesota General Obligation Bond Financed Property The undersigned states that it has a fee simple, leasehold and/or easement interest in the real property located in the County(ies) of Scott, State of Minnesota that is generally described or illustrated graphically in Attachment 1 attached hereto and all improvements thereon (the “Restricted Property”) and acknowledges that the Restricted Property is or may become State bond-financed property. To the extent that the Restricted Property is or becomes State bond-financed property, the undersigned acknowledges that: A.The Restricted Property is State bond-financed property under Minn. Stat. Sec. 16A.695, is subject to the requirements imposed by that statute, and cannot be sold, mortgaged, encumbered or otherwise disposed of without the approval of the Commissioner of Minnesota Management and Budget; and B.The Restricted Property is subject to the provisions of the Local Road Improvement Program Grant Agreement between the Minnesota Department of Transportation and the undersigned dated May 2, 2023; and C.The Restricted Property shall continue to be deemed State bond-financed property for 37.5 years or until the Restricted Property is sold with the written approval of the Commissioner of Minnesota Management and Budget. Date: May 2, 2023 _______________City of Golden Valley________ [name of Public Entity grantee], a political subdivision of the State of Minnesota By: ________________________________ Name: Shepard M. Harris Title: Mayor By: ________________________________ Name: Timothy J. Cruikshank Title: City Administrator 40 MnDOT Agreement No. 1053230 SAP No. 128-594-001, tied to SP 2723-146 Revised December 2022 7 Attachment 1 to Exhibit C GENERAL DESCRIPTION OF RESTRICTED PROPERTY The project is located on TH 55, at CSAH 102 (Douglas Drive) and Olson Memorial Highway Frontage Road. 41 MnDOT Agreement No. 1053230 SAP No. 128-594-001, tied to SP 2723-146 Revised December 2022 8 EXHIBIT D GRANT APPLICATION This project was legislatively selected. In 2020 laws, 5th Special Session, Chapter 3, Article 1, Section 16, Subdivision 7, the legislature appropriated $6,500,000.00 for a grant to the City of Golden Valley for work associated with improvements at the intersection of Douglas Drive and TH 55, including a box culvert underpass across Highway 55, a roundabout and extended frontage road south of Highway 55, retaining wall construction, underground utility relocation, sidewalk and trail connections to existing facilities, Americans with Disabilities Act-compliant facilities, and landscaping.” 42 MnDOT Agreement No. 1053230 SAP No. 128-594-001, tied to SP 2723-146 Revised December 2022 9 EXHIBIT E GRANTEE RESOLUTION APPROVING GRANT AGREEMENT 43 MnDOT Agreement No. 1053230 SAP No. 128-594-001, tied to SP 2723-146 Revised December 2022 10 RESOLUTION NO. 23-025 for Grant Agreement to State Transportation Fund Local Road Improvement Program Grant Terms and Conditions SAP 128-594-001, Agreement No. 1053230 WHEREAS, the City of Golden Valley has applied to the Commissioner of Transportation for a grant from the Minnesota State Transportation Fund for Local Road Improvement; and WHEREAS,the Commissioner of Transportation has given notice that funding for this project is available; and WHEREAS, the amount of the grant has been determined to be $5,232,091.08 by reason of the lowest responsible bid; NOW THEREFORE, be it resolved that the City of Golden Valley does hereby agree to the terms and conditions of the grant consistent with Minnesota Statutes, section 174.52 and will pay any additional amount by which the cost exceeds the estimate and will return to the Minnesota State Transportation Fund any amount appropriated for the project but not required.The proper City officers of the City of Golden Valley are authorized to execute a grant agreement and any amendments thereto with the Commissioner of Transportation concerning the above-referenced grant. Adopted by the City Council of Golden Valley,Minnesota this 2nd day of May 2023. ______________________________ Shepard M. Harris, Mayor ATTTEST ____________________________ Theresa J. Schyma, City Clerk 44 MnDOT Agreement No. 1053230 SAP No. 128-594-001, tied to SP 2723-146 Revised December 2022 11 EXHIBIT F GENERAL TERMS AND CONDITIONS FOR LOCAL ROAD IMPROVEMENT PROGRAM (LRIP) GRANTS Article I DEFINITIONS Section 1.01 Defined Terms. The following terms shall have the meanings set out respectively after each such term (the meanings to be equally applicable to both the singular and plural forms of the terms defined) unless the context specifically indicates otherwise: “Advance(s)” - means an advance made or to be made by MnDOT to the Public Entity and disbursed in accordance with the provisions contained in Article VI hereof. “Agreement” - means the Local Road Improvement Program Grant Agreement between the Public Entity and the Minnesota Department of Transportation to which this Exhibit is attached. “Certification” -means the certification, in the form attached as Exhibit C, in which the Public Entity acknowledges that its interest in the Real Property is bond financed property within the meaning of Minn. Stat. Sec. 16A.695 and is subject to certain restrictions imposed thereby. “Code” -means the Internal Revenue Code of 1986, as amended, and all treasury regulations, revenue procedures and revenue rulings issued pursuant thereto. “Commissioner” - means the Commissioner of Minnesota Management & Budget. “Commissioner’s Order” - means the “Fourth Order Amending Order of the Commissioner of Minnesota Management & Budget Relating to Use and Sale of State Bond Financed Property” dated July 30, 2012, as it may be amended or supplemented. “Completion Date” - means the projected date for completion of the Project as indicated in the Agreement. “Construction Contract Documents” - means the document or documents, in form and substance acceptable to MnDOT, including but not limited to any construction plans and specifications and any exhibits, amendments, change orders, modifications thereof or supplements thereto, which collectively form the contract between the Public Entity and the Contractor(s) for the completion of the Construction Items on or before the Completion Date for either a fixed price or a guaranteed maximum price. “Construction Items” - means the work to be performed under the Construction Contract Documents. “Contractor” - means any person engaged to work on or to furnish materials and supplies for the Construction Items including, if applicable, a general contractor. “Draw Requisition” - means a draw requisition that the Public Entity, or its designee, submits to MnDOT when an Advance is requested, as referred to in Section 4.02. 45 MnDOT Agreement No. 1053230 SAP No. 128-594-001, tied to SP 2723-146 Revised December 2022 12 “G.O. Bonds” - means the state general obligation bonds issued under the authority granted in Article XI, Sec. 5(a) of the Minnesota Constitution, the proceeds of which are used to fund the LRIP Grant, and any bonds issued to refund or replace such bonds. “Grant Application” - means the grant application that the Public Entity submitted to MnDOT which is attached as Exhibit D. “LRIP Grant” - means a grant from MnDOT to the Public Entity under the LRIP in the amount specified in the Agreement, as such amount may be modified under the provisions hereof. “LRIP” - means the Local Road Improvement Program pursuant to Minn. Stat. Sec. 174.52 and rules relating thereto. “MnDOT” - means the Minnesota Department of Transportation. “Outstanding Balance of the LRIP Grant” - means the portion of the LRIP Grant that has been disbursed to the Public Entity minus any amounts returned to the Commissioner. “Project” -means the Project identified in the Agreement to be totally or partially funded with a LRIP grant. “Public Entity” - means the grantee of the LRIP Grant and identified as the Public Entity in the Agreement. “Real Property” -means the real property identified in the Agreement on which the Project is located. Article II GRANT Section 2.01 Grant of Monies. MnDOT shall make the LRIP Grant to the Public Entity, and disburse the proceeds in accordance with the terms and conditions herein. Section 2.02 Public Ownership,The Public Entity acknowledges and agrees that the LRIP Grant is being funded with the proceeds of G.O. Bonds, and as a result all of the Real Property must be owned by one or more public entities. The Public Entity represents and warrants to MnDOT that it has one or more of the following ownership interests in the Real Property: (i) fee simple ownership, (ii) an easement that is for a term that extends beyond the date that is 37.5 years from the Agreement effective date, or such shorter term as authorized by statute, and which cannot be modified or terminated early without the prior written consent of MnDOT and the Commissioner; and/or (iii) a prescriptive easement for a term that extends beyond the date that is 37.5 years from the Agreement effective date. Section 2.03 Use of Grant Proceeds.The Public Entity shall use the LRIP Grant solely to reimburse itself for expenditures it has already made, or will make, to pay the costs of one of the following applicable activities: (i) preliminary, final construction and engineering and administration (ii) constructing or reconstructing city streets, county highways, or town roads with statewide or regional significance that have not been fully funded through other state, federal, or local funding sources; or (iii) capital improvement projects on county state-aid highways that are intended primarily to reduce traffic crashes, deaths, injuries, and property damage.The Public Entity shall not use the LRIP Grant for any other purpose, including but not limited to, any work to be done on a state trunk highway or within a trunk highway easement. 46 MnDOT Agreement No. 1053230 SAP No. 128-594-001, tied to SP 2723-146 Revised December 2022 13 Section 2.04 Operation of the Real Property.The Real Property must be used by the Public Entity in conjunction with or for the operation of a county highway, county state-aid highway, town road, or city street and for other uses customarily associated therewith, such as trails and utility corridors, and for no other purposes or uses. The Public Entity shall have no intention on the effective date of the Agreement to use the Real Property as a trunk highway or any part of a trunk highway. The Public Entity must annually determine that the Real Property is being used for the purposes specified in this Section and, upon written request by either MnDOT or the Commissioner, shall supply a notarized statement to that effect. Section 2.05 Sale or Lease of Real Property. The Public Entity shall not (i) sell or transfer any part of its ownership interest in the Real Property, or (ii) lease out or enter into any contract that would allow another entity to use or operate the Real Property without the written consent of both MnDOT and the Commissioner. The sale or transfer of any part of the Public Entity’s ownership interest in the Real Property, or any lease or contract that would allow another entity to use or operate the Real Property, must comply with the requirements imposed by Minn. Stat. Sec. 16A.695 and the Commissioner’s Order regarding such sale or lease. Section 2.06 Public Entity’s Representations and Warranties. The Public Entity represents and warrants to MnDOT that: A.It has legal authority to execute, deliver and perform the Agreement and all documents referred to therein, and it has taken all actions necessary to its execution and delivery of such documents. B.It has the ability and a plan to fund the operation of the Real Property for the purposes specified in Section 2.04, and will include in its annual budget all funds necessary for the operation of the Real Property for such purposes. C. The Agreement and all other documents referred to therein are the legal, valid and binding obligations of the Public Entity enforceable against the Public Entity in accordance with their respective terms. D.It will comply with all of the provisions of Minn. Stat. Sec. 16A.695, the Commissioner’s Order and the LRIP. It has legal authority to use the G.O. Grant for the purpose or purposes described in this Agreement. E.All of the information it has submitted or will submit to MnDOT or the Commissioner relating to the LRIP Grant or the disbursement of the LRIP Grant is and will be true and correct. F.It is not in violation of any provisions of its charter or of the laws of the State of Minnesota, and there are no actions or proceedings pending, or to its knowledge threatened, before any judicial body or governmental authority against or affecting it relating to the Real Property, or its ownership interest therein, and it is not in default with respect to any order, writ, injunction, decree, or demand of any court or any governmental authority which would impair its ability to enter into the Agreement or any document referred to herein, or to perform any of the acts required of it in such documents. G.Neither the execution and delivery of the Agreement or any document referred to herein nor compliance with any of the provisions or requirements of any of such documents is prevented by, is a breach of, or will result in a breach of, any provision of any agreement or document to which it is now a party or by which it is bound. 47 MnDOT Agreement No. 1053230 SAP No. 128-594-001, tied to SP 2723-146 Revised December 2022 14 H.The contemplated use of the Real Property will not violate any applicable zoning or use statute, ordinance, building code, rule or regulation, or any covenant or agreement of record relating thereto. I.The Project will be completed and the Real Property will be operated in full compliance with all applicable laws, rules, ordinances, and regulations of any federal, state, or local political subdivision having jurisdiction over the Project and the Real Property. J.All applicable licenses, permits and bonds required for the performance and completion of the Project and for the operation of the Real Property as specified in Section 2.04 have been, or will be, obtained. K.It reasonably expects to possess its ownership interest in the Real Property described in Section 2.02 for at least 37.5 years, and it does not expect to sell such ownership interest. L.It does not expect to lease out or enter into any contract that would allow another entity to use or operate the Real Property. M.It will supply whatever funds are needed in addition to the LRIP Grant to complete and fully pay for the Project. N.The Construction Items will be completed substantially in accordance with the Construction Contract Documents by the Completion Date and all such items will be situated entirely on the Real Property. O.It will require the Contractor or Contractors to comply with all rules, regulations, ordinances, and laws bearing on its performance under the Construction Contract Documents. P.It shall furnish such satisfactory evidence regarding the representations and warranties described herein as may be required and requested by either MnDOT or the Commissioner. Q. It has made no material false statement or misstatement of fact in connection with its receipt of the G.O. Grant, and all the information it has submitted or will submit to the State Entity or Commissioner of MMB relating to the G.O. Grant or the disbursement of any of the G.O. Grant is and will be true and correct. Section 2.07 Event(s) of Default. The following events shall, unless waived in writing by MnDOT and the Commissioner, constitute an Event of Default under the Agreement upon either MnDOT or the Commissioner giving the Public Entity 30 days’ written notice of such event and the Public Entity’s failure to cure such event during such 30-day time period for those Events of Default that can be cured within 30 days or within whatever time period is needed to cure those Events of Default that cannot be cured within 30 days as long as the Public Entity is using its best efforts to cure and is making reasonable progress in curing such Events of Default; however, in no event shall the time period to cure any Event of Default exceed six (6) months unless otherwise consented to, in writing, by MnDOT and the Commissioner. A.If any representation, covenant, or warranty made by the Public Entity herein or in any other document furnished pursuant to the Agreement, or to induce MnDOT to disburse the LRIP Grant, shall prove to have been untrue or incorrect in any material respect or materially misleading as of the time such representation, covenant, or warranty was made. 48 MnDOT Agreement No. 1053230 SAP No. 128-594-001, tied to SP 2723-146 Revised December 2022 15 B.If the Public Entity fails to fully comply with any provision, covenant, or warranty contained herein. C.If the Public Entity fails to fully comply with any provision, covenant or warranty contained in Minn. Stat. Sec. 16A.695, the Commissioner’s Order, or Minn. Stat. Sec. 174.52 and all rules related thereto. D.If the Public Entity fails to use the proceeds of the LRIP Grant for the purposes set forth in Section 2.03, the Grant Application, and in accordance with the LRIP. E.If the Public Entity fails to operate the Real Property for the purposes specified in Section 2.04. F.If the Public Entity fails to complete the Project by the Completion Date. G.If the Public Entity sells or transfers any portion of its ownership interest in the Real Property without first obtaining the written consent of both MnDOT and the Commissioner. H.If the Public Entity fails to provide any additional funds needed to fully pay for the Project. I.If the Public Entity fails to supply the funds needed to operate the Real Property in the manner specified in Section 2.04. Notwithstanding the foregoing, any of the above events that cannot be cured shall, unless waived in writing by MnDOT and the Commissioner, constitute an Event of Default under the Agreement immediately upon either MnDOT or the Commissioner giving the Public Entity written notice of such event. Section 2.08 Remedies. Upon the occurrence of an Event of Default and at any time thereafter until such Event of Default is cured to the satisfaction of MnDOT, MnDOT or the Commissioner may enforce any or all of the following remedies. A.MnDOT may refrain from disbursing the LRIP Grant; provided, however, MnDOT may make such disbursements after the occurrence of an Event of Default without waiving its rights and remedies hereunder. B.If the Event of Default involves a sale of the Public Entity’s interest in the Real Property in violation of Minn. Stat. Sec. 16A.695 or the Commissioner’s Order, the Commissioner, as a third party beneficiary of the Agreement, may require that the Public Entity pay the amounts that would have been paid if there had been compliance with such provisions. For other Events of Default, the Commissioner may require that the Outstanding Balance of the LRIP Grant be returned to it. C.Either MnDOT or the Commissioner, as a third party beneficiary of the Agreement, may enforce any additional remedies it may have in law or equity. The rights and remedies specified herein are cumulative and not exclusive of any rights or remedies that MnDOT or the Commissioner would otherwise possess. If the Public Entity does not repay the amounts required to be paid under this Section or under any other provision contained herein within 30 days of demand by the Commissioner, or any amount ordered by a court of competent jurisdiction within 30 days of entry of judgment against the Public Entity and in favor 49 MnDOT Agreement No. 1053230 SAP No. 128-594-001, tied to SP 2723-146 Revised December 2022 16 of MnDOT and/or the Commissioner, then such amount may, unless precluded by law, be offset against any aids or other monies that the Public Entity is entitled to receive from the State of Minnesota. Section 2.09 Notification of Event of Default. The Public Entity shall furnish to MnDOT and the Commissioner, as soon as possible and in any event within seven (7) days after it has obtained knowledge of the occurrence of each Event of Default, a statement setting forth details of each Event of Default and the action which the Public Entity proposes to take with respect thereto. Section 2.10 Effect of Event of Default. The Agreement shall survive Events of Default and remain in full force and effect, even upon full disbursement of the LRIP Grant, and shall only be terminated under the circumstances set forth in Section 2.11. Section 2.11 Termination of Agreement and Modification of LRIP Grant. A.If the Project is not started within five (5) years after the effective date of the Agreement or the LRIP Grant has not been disbursed within four (4) years after the date the Project was started, MnDOT’ s obligation to fund the LRIP Grant shall terminate. In such event, (i) if none of the LRIP Grant has been disbursed by such date, MnDOT shall have no obligation to fund the LRIP Grant and the Agreement will terminate, and (ii) if some but not all of the LRIP Grant has been disbursed by such date, MnDOT shall have no further obligation to provide any additional funding for the LRIP Grant and the Agreement shall remain in force but shall be modified to reflect the amount of the LRIP Grant that was actually disbursed and the Public Entity is still obligated to complete the Project by the Completion Date. B. The Agreement shall terminate upon the Public Entity’s sale of its interest in the Real Property and transmittal of the required portion of the proceeds of the sale to the Commissioner in compliance with Minn. Stat. Sec. 16A.695 and the Commissioner’s Order, or upon the termination of the Public Entity’s ownership interest in the Real Property if such ownership interest is an easement. Section 2.12 Excess Funds. If the full amount of the G.O. Grant and any matching funds referred to in Section 5.13 are not needed to complete the Project, then, unless language in the G.O. Bonding Legislation indicates otherwise, the G.O. Grant shall be reduced by the amount not needed. Article III COMPLIANCE WITH MINNESOTA STATUTE, SEC. 16A.695 AND THE COMMISSIONER’S ORDER Section 3.01 State Bond Financed Property. The Public Entity acknowledges that its interest in the Real Property is, or when acquired by it will be, “state bond financed property”, as such term is used in Minn. Stat. Sec. 16A.695 and the Commissioner’s Order and, therefore, the provisions contained in such statute and order apply, or will apply, to its interest in the Real Property, even if the LRIP Grant will only pay for a portion of the Project. Section 3.02 Preservation of Tax Exempt Status. In order to preserve the tax-exempt status of the G.O. Bonds, the Public Entity agrees as follows: A.It will not use the Real Property or use or invest the LRIP Grant or any other sums treated as “bond proceeds” under Section 148 of the Code (including “investment proceeds,” “invested sinking funds” and “replacement proceeds”) in such a manner as to cause the G.O. Bonds to be classified as “arbitrage bonds” under Code Section 148. 50 MnDOT Agreement No. 1053230 SAP No. 128-594-001, tied to SP 2723-146 Revised December 2022 17 B.It will deposit and hold the LRIP Grant in a segregated non-interest-bearing account until such funds are used for payments for the Project. C.It will, upon written request, provide the Commissioner all information required to satisfy the informational requirements set forth in the Code, including Sections 103 and 148, with respect to the G.O. Bonds. D.It will, upon the occurrence of any act or omission by the Public Entity that could cause the interest on the G.O. Bonds to no longer be tax exempt and upon direction from the Commissioner, take such actions and furnish such documents as the Commissioner determines to be necessary to ensure that the interest to be paid on the G.O. Bonds is exempt from federal taxation, which such action may include: (i) compliance with proceedings intended to classify the G.O. Bonds as a “qualified bond” within the meaning of Code Section 141(e), or (ii) changing the nature of the use of the Real Property so that none of the net proceeds of the G.O. Bonds will be deemed to be used, directly or indirectly, in an “unrelated trade or business” or for any “private business use” within the meaning of Code Sections 141(b) and 145(a). E.It will not otherwise use any of the LRIP Grant or take, permit or cause to be taken, or omit to take, any action that would adversely affect the exemption from federal income taxation of the interest on the G.O. Bonds, and if it should take, permit or cause to be taken, or omit to take, as appropriate, any such action, it shall take all lawful actions necessary to correct such actions or omissions promptly upon obtaining knowledge thereof. Section 3.03 Changes to G.O. Compliance Legislation or the Commissioner’s Order. If Minn. Stat. Sec. 16A.695 or the Commissioner’s Order is amended in a manner that reduces any requirement imposed against the Public Entity, or if the Public Entity’s interest in the Real Property becomes exempted from Minn. Stat. Sec. 16A.695 and the Commissioner’s Order, then upon written request by the Public Entity, MnDOT shall execute an amendment to the Agreement to implement such amendment or exempt the Public Entity’s interest in the Real Property from Minn. Stat. Sec. 16A.695 and the Commissioner’s Order. Article IV DISBURSEMENT OF GRANT PROCEEDS Section 4.01 The Advances. MnDOT agrees, on the terms and subject to the conditions set forth herein, to make Advances of the LRIP Grant to the Public Entity from time to time in an aggregate total amount not to exceed the amount of the LRIP Grant. If the amount of LRIP Grant that MnDOT cumulatively disburses hereunder to the Public Entity is less than the amount of the LRIP Grant delineated in Section 1.01, then MnDOT and the Public Entity shall enter into and execute whatever documents MnDOT may request in order to amend or modify this Agreement to reduce the amount of the LRIP Grant to the amount actually disbursed. Provided, however, in accordance with the provisions contained in Section 2.11, MnDOT’s obligation to make Advances shall terminate as of the dates specified in Section 2.11 even if the entire LRIP Grant has not been disbursed by such dates. Advances shall only be for expenses that(i) are for those items of a capital nature delineated in Source and Use of Funds that is attached as Exhibit A, (ii) accrued no earlier than the effective date of the legislation that appropriated the funds that are used to fund the LRIP Grant, or (iii) have otherwise been consented to, in writing, by the Commissioner. It is the intent of the parties hereto that the rate of disbursement of the Advances shall not exceed the rate 51 MnDOT Agreement No. 1053230 SAP No. 128-594-001, tied to SP 2723-146 Revised December 2022 18 of completion of the Project or the rate of disbursement of the matching funds required, if any, under Section 5.13. Therefore, the cumulative amount of all Advances disbursed by the State Entity at any point in time shall not exceed the portion of the Project that has been completed and the percentage of the matching funds required, if any, under Section 5.13 that have been disbursed as of such point in time. This requirement is expressed by way of the following two formulas: Formula #1: Cumulative Advances < (Program Grant) × (percentage of matching funds, if any, required under Section 5.13 that have been disbursed) Formula #2: Cumulative Advances < (Program Grant) × (percentage of Project completed) Section 4.02 Draw Requisitions. Whenever the Public Entity desires a disbursement of a portion of the LRIP Grant the Public Entity shall submit to MnDOT a Draw Requisition duly executed on behalf of the Public Entity or its designee. Each Draw Requisition with respect to construction items shall be limited to amounts equal to: (i) the total value of the classes of the work by percentage of completion as approved by the Public Entity and MnDOT, plus (ii) the value of materials and equipment not incorporated in the Project but delivered and suitably stored on or off the Real Property in a manner acceptable to MnDOT, less (iii) any applicable retainage, and less (iv) all prior Advances. Notwithstanding anything herein to the contrary, no Advances for materials stored on or off the Real Property will be made by MnDOT unless the Public Entity shall advise MnDOT, in writing, of its intention to so store materials prior to their delivery and MnDOT has not objected thereto. At the time of submission of each Draw Requisition, other than the final Draw Requisition, the Public Entity shall submit to MnDOT such supporting evidence as may be requested by MnDOT to substantiate all payments which are to be made out of the relevant Draw Requisition or to substantiate all payments then made with respect to the Project. The final Draw Requisition shall not be submitted before completion of the Project, including any correction of material defects in workmanship or materials (other than the completion of punch list items). At the time of submission of the final Draw Requisition the Public Entity shall submit to MnDOT: (I) such supporting evidence as may be requested by MnDOT to substantiate all payments which are to be made out of the final Draw Requisition or to substantiate all payments then made with respect to the Project, and (ii) satisfactory evidence that all work requiring inspection by municipal or other governmental authorities having jurisdiction has been duly inspected and approved by such authorities and that all requisite certificates and other approvals have been issued. If on the date an Advance is desired the Public Entity has complied with all requirements of this Agreement and MnDOT approves the relevant Draw Requisition, then MnDOT shall disburse the amount of the requested Advance to the Public Entity. Section 4.03 Additional Funds. If MnDOT shall at any time in good faith determine that the sum of the undisbursed amount of the LRIP Grant plus the amount of all other funds committed to the Project is less than the amount required to pay all costs and expenses of any kind which reasonably may be anticipated in connection with the Project, then MnDOT may send written notice thereof to the Public Entity specifying the amount which must be supplied in order to provide sufficient funds to complete the Project. The Public Entity agrees that it will, within 10 calendar days of receipt of any such notice, supply or have some other entity supply the amount of funds specified in MnDOT's notice. 52 MnDOT Agreement No. 1053230 SAP No. 128-594-001, tied to SP 2723-146 Revised December 2022 19 Section 4.04 Condition Precedent to Any Advance. The obligation of MnDOT to make any Advance hereunder (including the initial Advance) shall be subject to the following conditions precedent: A.MnDOT shall have received a Draw Requisition for such Advance specifying the amount of funds being requested, which such amount when added to all prior requests for an Advance shall not exceed the amount of the LRIP Grant set forth in Section 1.01. B.No Event of Default under this Agreement or event which would constitute an Event of Default but for the requirement that notice be given or that a period of grace or time elapse shall have occurred and be continuing. C.No determination shall have been made by MnDOT that the amount of funds committed to the Project is less than the amount required to pay all costs and expenses of any kind that may reasonably be anticipated in connection with the Project, or if such a determination has been made and notice thereof sent to the Public Entity under Section 4.03, then the Public Entity has supplied, or has caused some other entity to supply, the necessary funds in accordance with such section or has provided evidence acceptable to MnDOT that sufficient funds are available. D.The State Entity shall have received evidence, in form and substance acceptable to the State Entity, that the Public Entity has sufficient funds to fully and completely pay for the Project and all other expenses that may occur in conjunction therewith. E.The Public Entity has supplied to the State Entity all other items that the State Entity may reasonably require Section 4.05 Processing and Disbursement of Advances.The Public Entity acknowledges and agrees as follows: A.Advances are not made prior to completion of work performed on the Project. B.All Advances are processed on a reimbursement basis. C.The Public Entity must first document expenditures to obtain an Advance. D.Reimbursement requests are made on a partial payment basis or when the Project is completed. E. All payments are made following the “Delegated Contract Process or State Aid Payment Request” as requested and approved by the appropriate district state aid engineer. Section 4.06 Construction Inspections. The Public Entity shall be responsible for making its own inspections and observations regarding the completion of the Project, and shall determine to its own satisfaction that all work done or materials supplied have been properly done or supplied in accordance with all contracts that the Public Entity has entered into regarding the completion of the Project. Article V MISCELLANEOUS Section 5.01 Insurance. If the Public Entity elects to maintain general comprehensive liability insurance regarding the Real Property, then the Public Entity shall have MnDOT named as an additional named insured therein. 53 MnDOT Agreement No. 1053230 SAP No. 128-594-001, tied to SP 2723-146 Revised December 2022 20 Section 5.02 Condemnation. If, after the Public Entity has acquired the ownership interest set forth in Section 2.02, all or any portion of the Real Property is condemned to an extent that the Public Entity can no longer comply with Section 2.04, then the Public Entity shall, at its sole option, either: (i) use the condemnation proceeds to acquire an interest in additional real property needed for the Public Entity to continue to comply with Section 2.04 and to provide whatever additional funds that may be needed for such purposes, or (ii) submit a request to MnDOT and the Commissioner to allow it to sell the remaining portion of its interest in the Real Property. Any condemnation proceeds which are not used to acquire an interest in additional real property shall be applied in accordance with Minn. Stat. Sec. 16A.695 and the Commissioner’s Order as if the Public Entity’s interest in the Real Property had been sold. If the Public Entity elects to sell its interest in the portion of the Real Property that remains after the condemnation, such sale must occur within a reasonable time period after the date the condemnation occurred and the cumulative sum of the condemnation and sale proceeds applied in accordance with Minn. Stat. Sec. 16A.695 and the Commissioner’s Order. If MnDOT receives any condemnation proceeds referred to herein, MnDOT agrees to or pay over to the Public Entity all of such condemnation proceeds so that the Public Entity can comply with the requirements of this Section. Section 5.03 Use, Maintenance, Repair and Alterations. The Public Entity shall not, without the written consent of MnDOT and the Commissioner, (i) permit or allow the use of any of the Real Property for any purpose other than the purposes specified in Section 2.04, (ii) substantially alter any of the Real Property except such alterations as may be required by laws, ordinances or regulations, or such other alterations as may improve the Real Property by increasing its value or which improve its ability to be used for the purposes set forth in Section 2.04, (iii) take any action which would unduly impair or depreciate the value of the Real Property, (iv) abandon the Real Property, or (v) commit or permit any act to be done in or on the Real Property in violation of any law, ordinance or regulation. If the Public Entity fails to maintain the Real Property in accordance with this Section, MnDOT may perform whatever acts and expend whatever funds necessary to so maintain the Real Property, and the Public Entity irrevocably authorizes MnDOT to enter upon the Real Property to perform such acts as may be necessary to so maintain the Real Property. Any actions taken or funds expended by MnDOT shall be at its sole discretion, and nothing contained herein shall require MnDOT to take any action or incur any expense and MnDOT shall not be responsible, or liable to the Public Entity or any other entity, for any such acts that are performed in good faith and not in a negligent manner. Any funds expended by MnDOT pursuant to this Section shall be due and payable on demand by MnDOT and will bear interest from the date of payment by MnDOT at a rate equal to the lesser of the maximum interest rate allowed by law or 18% per year based upon a 365-day year. Section 5.04 Recordkeeping and Reporting.The Public Entity shall maintain books and records pertaining to Project costs and expenses needed to comply with the requirements contained herein, Minn. Stat. Sec. 16A.695, the Commissioner’s Order, and Minn. Stat. Sec. 174.52 and all rules related thereto, and upon request shall allow MnDOT, its auditors, the Legislative Auditor for the State of Minnesota, or the State Auditor for the State of Minnesota, to inspect, audit, copy, or abstract all of such items. The Public Entity shall use generally accepted accounting principles in the maintenance of such items, and shall retain all of such books and records for a period of six years after the date that the Project is fully completed and placed into operation. Section 5.05 Inspections by MnDOT. The Public Entity shall allow MnDOT to inspect the Real Property upon reasonable request by MnDOT and without interfering with the normal use of the Real Property. 54 MnDOT Agreement No. 1053230 SAP No. 128-594-001, tied to SP 2723-146 Revised December 2022 21 Section 5.06 Liability. The Public Entity and MnDOT agree that each will be responsible for its own acts and the results thereof to the extent authorized by law, and neither shall be responsible for the acts of the other party and the results thereof. The liability of MnDOT and the Commissioner is governed by the provisions of Minn. Stat. Sec. 3.736. If the Public Entity is a “municipality” as that term is used in Minn. Stat. Chapter 466, then the liability of the Public Entity is governed by the provisions of Chapter 466. The Public Entity’s liability hereunder shall not be limited to the extent of insurance carried by or provided by the Public Entity, or subject to any exclusion from coverage in any insurance policy. Section 5.07 Relationship of the Parties. Nothing contained in the Agreement is to be construed as establishing a relationship of co-partners or joint venture among the Public Entity, MnDOT, or the Commissioner, nor shall the Public Entity be considered to be an agent, representative, or employee of MnDOT, the Commissioner, or the State of Minnesota in the performance of the Agreement or the Project. No employee of the Public Entity or other person engaging in the performance of the Agreement or the Project shall be deemed have any contractual relationship with MnDOT, the Commissioner, or the State of Minnesota and shall not be considered an employee of any of those entities. Any claims that may arise on behalf of said employees or other persons out of employment or alleged employment, including claims under the Workers’ Compensation Act of the State of Minnesota, claims of discrimination against the Public Entity or its officers, agents, contractors, or employees shall in no way be the responsibility of MnDOT, the Commissioner, or the State of Minnesota. Such employees or other persons shall not require nor be entitled to any compensation, rights or benefits of any kind whatsoever from MnDOT, the Commissioner, or the State of Minnesota, including tenure rights, medical and hospital care, sick and vacation leave, disability benefits, severance pay and retirement benefits. Section 5.08 Notices. In addition to any notice required under applicable law to be given in another manner, any notices required hereunder must be in writing and personally served or sent by prepaid, registered, or certified mail (return receipt requested), to the address of the party specified below or to such different address as may in the future be specified by a party by written notice to the others: To the Public Entity: At the address indicated on the first page of the Agreement. To MnDOT at:Minnesota Department of Transportation Office of State Aid 395 John Ireland Blvd., MS 500 Saint Paul, MN 55155 Attention: Marc Briese, State Aid Programs Engineer To the Commissioner at:Minnesota Management & Budget 400 Centennial Office Bldg. 658 Cedar St. St. Paul, MN 55155 Attention: Commissioner Section 5.09 Assignment or Modification. Neither the Public Entity nor MnDOT may assign any of its rights or obligations under the Agreement without the prior written consent of the other party. Section 5.10 Waiver. Neither the failure by the Public Entity, MnDOT, or the Commissioner, as a third party beneficiary of the Agreement, in one or more instances to insist upon the complete observance or performance of any provision hereof, nor the failure of the Public Entity, MnDOT, or the Commissioner to exercise any right or remedy conferred hereunder or afforded by law shall be construed as waiving any 55 MnDOT Agreement No. 1053230 SAP No. 128-594-001, tied to SP 2723-146 Revised December 2022 22 breach of such provision or the right to exercise such right or remedy thereafter. In addition, no delay by any of the Public Entity, MnDOT, or the Commissioner in exercising any right or remedy hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right or remedy preclude other or further exercise thereof or the exercise of any other right or remedy. Section 5.11 Choice of Law and Venue. All matters relating to the validity, interpretation, performance, or enforcement of the Agreement shall be determined in accordance with the laws of the State of Minnesota. All legal actions arising from any provision of the Agreement shall be initiated and venued in the State of Minnesota District Court located in St. Paul, Minnesota. Section 5.12 Severability. If any provision of the Agreement is finally judged by any court to be invalid, then the remaining provisions shall remain in full force and effect and they shall be interpreted, performed, and enforced as if the invalid provision did not appear herein. Section 5.13 Matching Funds. Any matching funds as shown on Page 1 of the Grant Agreement that are required to be obtained and supplied by the Public Entity must either be in the form of (i) cash monies, (ii) legally binding commitments for money, or (iii) equivalent funds or contributions, including equity, which have been or will be used to pay for the Project. The Public Entity shall supply to MnDOT whatever documentation MnDOT may request to substantiate the availability and source of any matching funds. Section 5.14 Sources and Uses of Funds. The Public Entity represents to MnDOT and the Commissioner that the Sources and Uses of Funds Schedule attached as Exhibit A accurately shows the total cost of the Project and all of the funds that are available for the completion of the Project. The Public Entity will supply any other information and documentation that MnDOT or the Commissioner may request to support or explain any of the information contained in the Sources and Uses of Funds Schedule. If any of the funds shown in the Sources and Uses of Funds Schedule have conditions precedent to the release of such funds, the Public Entity must provide to MnDOT a detailed description of such conditions and what is being done to satisfy such conditions. Section 5.15 Project Completion Schedule. The Public Entity represents to MnDOT and the Commissioner that the Project Completion Schedule attached as Exhibit B correctly and accurately sets forth the projected schedule for the completion of the Project. Section 5.16 Third-Party Beneficiary. The Governmental Program will benefit the State of Minnesota and the provisions and requirements contained herein are for the benefit of both the State Entity and the State of Minnesota. Therefore, the State of Minnesota, by and through its Commissioner of MMB, is and shall be a third-party beneficiary of this Agreement. Section 5.17 Public Entity Tasks. Any tasks that the Agreement imposes upon the Public Entity may be performed by such other entity as the Public Entity may select or designate, provided that the failure of such other entity to perform said tasks shall be deemed to be a failure to perform by the Public Entity. Section 5.18 Data Practices. The Public Entity agrees with respect to any data that it possesses regarding the G.O. Grant or the Project to comply with all of the provisions and restrictions contained in the Minnesota Government Data Practices Act contained in Minnesota Statutes Chapter 13, as such may subsequently be amended or replaced from time to time. Section 5.19 Non-Discrimination. The Public Entity agrees to not engage in discriminatory employment practices regarding the Project and it shall fully comply with all of the provisions contained in 56 MnDOT Agreement No. 1053230 SAP No. 128-594-001, tied to SP 2723-146 Revised December 2022 23 Minnesota Statutes Chapters 363A and 181, as such may subsequently be amended or replaced from time to time. Section 5.20 Worker’s Compensation. The Public Entity agrees to comply with all of the provisions relating to worker’s compensation contained in Minn. Stat. Secs. 176.181 subd. 2 and 176.182, as they may be amended or replaced from time to time with respect to the Project. Section 5.21 Antitrust Claims. The Public Entity hereby assigns to MnDOT and the Commissioner of MMB all claims it may have for over charges as to goods or services provided with respect to the Project that arise under the antitrust laws of the State of Minnesota or of the United States of America. Section 5.22 Prevailing Wages. The Public Entity agrees to comply with all of the applicable provisions contained in Minnesota Statutes Chapter 177, and specifically those provisions contained in Minn. Stat.§. 177.41 through 177.435 as they may be amended or replaced from time to time with respect to the Project. By agreeing to this provision, the Public Entity is not acknowledging or agreeing that the cited provisions apply to the Project. Section 5.23 Entire Agreement. The Agreement and all of the exhibits attached thereto embody the entire agreement between the Public Entity and MnDOT, and there are no other agreements, either oral or written, between the Public Entity and MnDOT on the subject matter hereof. Section 5.24 E-Verification. The Public Entity agrees and acknowledges that it is aware of Minn.Stat. § 16C.075 regarding e-verification of employment of all newly hired employees to confirm that such employees are legally entitled to work in the United States, and that it will, if and when applicable, fully comply with such order. Section 5.25 Telecommunications Certification. If federal funds are included in Exhibit A, by signing this agreement, Contractor certifies that, consistent with Section 889 of the John S. McCain National Defense Authorization Act for Fiscal Year 2019, Pub. L. 115-232 (Aug. 13, 2018), and 2 CFR 200.216, Contractor will not use funding covered by this agreement to procure or obtain, or to extend, renew, or enter into any contract to procure or obtain, any equipment, system, or service that uses “covered telecommunications equipment or services” (as that term is defined in Section 889 of the Act) as a substantial or essential component of any system or as critical technology as part of any system. Contractor will include this certification as a flow down clause in any contract related to this agreement. Section 5.26 Title VI/Non-discrimination Assurances. Public Entity agrees to comply with all applicable US DOT Standard Title VI/Non-Discrimination Assurances contained in DOT Order No. 1050.2A, and in particular Appendices A and E, which can be found at: https://edocs- public.dot.state.mn.us/edocs_public/DMResultSet/download?docId=11149035. If federal funds are included in Exhibit A, Public Entity will ensure the appendices and solicitation language within the assurances are inserted into contracts as required. MnDOT may conduct a review of the Public Entity’s compliance with this provision. The Public Entity must cooperate with MnDOT throughout the review process by supplying all requested information and documentation to MnDOT, making Public Entity staff and officials available for meetings as requested, and correcting any areas of non-compliance as determined by MnDOT. Section 5.27 Electronic Records and Signatures.The parties agree to contract by electronic means. This includes using electronic signatures and converting original documents to electronic records. Section 5.28 Certification.By signing this Agreement, the Grantee certifies that it is not suspended or debarred from receiving federal or state awards. 57 MnDOT Contract No.: 1052295 Construction within State R/W &Maintenance (Cooperative Agreements) STATE OF MINNESOTA DEPARTMENTOFTRANSPORTATION And CITY OF GOLDEN VALLEY COOPERATIVECONSTRUCTION AGREEMENT State Project Number (S.P.):2723-146 Trunk Highway Number (T.H.):55=188 State Aid Project Number (S.A.P.):128-332-008 State Aid Project Number (S.A.P.):128-594-001 Lighting System Feed Point No.:“CITY”–A,B,RRFB Signal System ID:2047884 This Agreementis betweenthe StateofMinnesota,actingthrough itsCommissioner of Transportation ("State") and the City of Golden Valley acting through its City Council ("City"). Recitals 1. The City will perform grading, bituminous surfacing, ADA improvements, lighting, TMS, retaining walls, signals, and pedestrianunderpass (Bridge No.27X21) construction,andother associatedconstructionupon, along, andadjacent to Trunk Highway No.55 at County State AidHighway (C.S.A.H.) No. 102(DouglasDrive) according to City-prepared plans, specifications, and special provisions designated by the City as State Aid Project No. 128-332-008 and No. 128-594-001 and by the State as State Project No. 2723-146 (T.H. 55=188) ("Project"); and 2. The City requeststhe Stateallow theconstructionof pedestrianunderpass (Bridge No.27X21) and related construction, and the State is willing to allow said construction; and 3. Minnesota Statutes § 161.20, subdivision 2 authorizes the Commissioner of Transportation to make arrangementswith andcooperatewith any governmental authorityforthe purposesofconstructing, maintaining, and improving the trunk highway system. Agreement 1. TermofAgreement;Survival ofTerms; Plans;Incorporationof Exhibits 1.1.Effective Date.This Agreementwill be effectiveon the datethe Stateobtainsall signatures requiredby Minnesota Statutes § 16C.05, subdivision 2. 1.2.Expiration Date.This Agreement willexpirewhenallobligationshavebeensatisfactorily fulfilled. 1.3.Survival ofTerms.All clauses which imposeobligations continuing in their natureand whichmust survive in order to give effect to their meaning will survive the expiration or termination of this Agreement, including, without limitation, the following clauses: 2.4. State Ownership of Improvements; 5.Maintenancebythe City;8.Liability;WorkerCompensationClaims;Insurance;10. StateAudits; 11. GovernmentDataPractices;12. GoverningLaw; Jurisdiction; Venue;14. StateBond FinancedProperty Restrictions; and 15. Force Majeure. 1.4.Plans, Specifications, and Special Provisions. State-approved City plans, specifications, and special provisions designatedby the City as StateAidProjectNo. 128-332-008and No.128-594-001and by the -1- 58 MnDOT Contract No.: 1052295 Construction within State R/W &Maintenance (Cooperative Agreements) State as StateProject No.2723-146 (T.H. 55=188) are on file in theoffice of the City's Engineerand incorporated into this Agreement by reference ("Project Plans"). 1.5. Exhibits.Exhibit A– Funding“Area” isattachedandincorporatedinto thisAgreement 2. Right-of-WayUse 2.1.Limited Right to Occupy. The State grants to the City (and its contractors and consultants) the right to occupy Trunk Highway Right-of-Way as necessary to perform the work described in the Project Plans. This right is limited to the purpose of constructing the project, and administering such construction, and may be revoked by the State at any time, with or without cause. Cause for revoking this right of occupancy includes, but is not limitedto, breaching the termsof this or any other agreement(relevantto this project) with the State, failing to provide adequate traffic control or other safety measures, failing to perform the construction properly and in a timely manner, and failing to observe applicable environmental laws or terms of applicable permits.The Statewill have no liability to the City (or its contractorsor consultants) for revoking this right of occupancy. 2.2.State Access; Suspension of Work; Remedial Measures. The State's District Engineer or assigned representative retains the right to enter and inspect the Trunk Highway Right-of-Way (including the construction being performed on such right-of-way) at any time and without notice to the City or its contractor. If the State determines (in its sole discretion) that the constructionis not being performed in a proper or timely manner, or that environmental laws (or the terms of permits) are not being complied with, or that traffic controlor other necessary safety measures are not being properly implemented, then the Statemay notify andrequire the City (and its contractorsandconsultants)to suspendtheiroperations until the City (and its contractors and consultants) take all necessary actions to rectify the situation to the satisfaction of the State. The State will have no liability to the City (or its contractors or consultants) for exercising or failing to exercise its rights under this provision. 2.3.Traffic Control; Worker Safety. While the City (and its contractors and consultants) are occupying the State's Trunk Highway Right-of-Way, they must comply with the approvedtrafficcontrol plan, andwith applicable provisions of the Work Zone Field Handbook (http://www.dot.state.mn.us/trafficeng/workzone/index.html). All City, contractor, and consultant personneloccupyingthe State'sTrunk HighwayRight-of-Way must be providedwith requiredreflective clothing and hats. 2.4.State Ownership of Improvements. The State will retain ownership of its Trunk Highway Right-of-Way, including any improvements made to such right-of-way under this Agreement, unless otherwise noted. The warranties and guarantees made by the City's contractor with respect to such improvements (if any) will flow to the State. The City will assist the State, as necessary, to enforce such warranties and guarantees, and to obtain recovery from the City's consultants, and contractor (including its sureties) for non-performance of contract work, for design errors and omissions, and for defects in materials and workmanship. Upon request of the State, theCity willundertake such actions as are reasonably necessary to transfer or assign contract rights to the State and to permit subrogation by the State with respect to claims against the City's consultants and contractors. 3. ContractAward and Construction 3.1.Direction,Supervision,andInspectionofConstruction. A.The contract construction will be under the direction of the City and under the supervision of a registered professional engineer; however, the State participation construction covered under this Agreementwill beopentoinspection by the StateDistrict Engineer's authorizedrepresentatives. The -2- 59 MnDOT Contract No.: 1052295 Construction within State R/W &Maintenance (Cooperative Agreements) City will give the State AidAgreementsEngineerat Rosevillefive daysnotice of its intention to start the contract construction. B.Responsibility for the control of materials for the contract construction will be on the City and its contractor andwill be carried outaccordingto Specifications No.1601through andincludingNo. 1609 in the State's current "Standard Specifications for Construction". 3.2.Completion of Construction. The City will cause the contract construction to be started and completed accordingto the time schedule in the constructioncontract special provisions.The completion date forthe contract construction may be extended, by an exchange of letters between the appropriate City official and the State District Engineer's authorized representative, for unavoidable delays encountered in the performance of the contract construction. 3.3.Compliance with Laws, Ordinances, and Regulations. The City will comply and cause its contractor to comply with all Federal, State, andLocal laws, and all applicable ordinances and regulations. With respect only to that portion of work performed on the State's Trunk Highway Right-of-Way, the City will not require the contractor to follow local ordinances or to obtain local permits. 4. Right-of-Way;Easements;Permits 4.1.The City will, without cost or expense to the State, obtain all rights-of-way, easements, construction permits, and anyother permitsandsanctions thatmay be requiredin connection with the local andtrunk highway portions of the contract construction. 4.2.The City will convey to the State by quit claim deed, all newly acquired rights needed for the continuing operation and maintenance of the Trunk Highway, if any, upon completion of the Project, at no cost or expense to the State. 4.3.The City will comply with Minnesota Statutes § 216D.04, subdivision1(a), for identification, notification, design meetings, and depiction of utilities affected by the contract construction. 4.4.The City will submit to the State's Utility Engineer anoriginal permit application for all utilities owned by the City to be constructedupon and within the TrunkHighway Right-of-Way.Applications for permitswill be made on State form "Application for Utility Permit on Trunk Highway Right-of-Way" (Form 2525). 4.5.Limited Use Permit.The City will obtain, throughthe District's Right-of-Way Area Manager, a Limited Use Permit, currently Limited Use Permit No. 2723-0263, to cover the City's liability responsibilities of the shared-use path to be constructed upon the State Right-of-Way. 5. Maintenance by the City Upon completion of the project, the City will providethe followingon Trunk HighwayRight-of-Waywithoutcost or expense to the State: 5.1.Shared Use Paths. Maintenance of any shared use paths construction. Maintenance includes, but is not limitedto, snow andice control/removal, sweepinganddebris removal, patching, crack repair,pavement replacement, vegetation control, signing, pavement markings, and any other maintenance activities necessary to perpetuate the shared use path in a safe and usable condition. The Limited Use Permit will contain additional maintenance and liability responsibilities. 5.2.Retaining Walls. Maintenance and ownership of any retaining wall construction. Maintenance includes graffiti removal and anyother maintenanceactivitiesnecessary to perpetuate the walls in a safe, usable, and aesthetically acceptable condition. -3- 60 MnDOT Contract No.: 1052295 Construction within State R/W &Maintenance (Cooperative Agreements) 5.3.Lighting. Maintenance and ownership of any lighting facilities construction. Maintenance of electrical lighting systems includes everything within the system, from the point of attachment to the power source or utility, to the last light on the feed point, including but not limited to re-lamping of lighting units or replacing of LED luminaires, repair or replacement of all damaged luminaire glassware, loose connections, luminaires when damaged or when ballasts fail, photoelectric control on luminaires, defective starter boards or drivers, damaged fuse holders, blown fuses, knocked down poles including wiring within the poles, damagedpoles,pullboxes, underground wire,damagedfoundations,equipment pad,installationof approved splices or replacement of wires, repair or extending of conduit, lighting cabinet maintenance including photoelectric cell, electrical distribution system, Gopher State One Call (GSOC) locates, and painting of poles andother equipment. The City will be responsible for the hookup cost and application to secure an adequate power supply to the service pad or pole and will pay all monthly electrical service expenses necessary to operate the lighting facility. 5.4.Pedestrian Trail Bridge (Bridge No. 27X21) under T.H. 55. Ownership, maintenance, repair and reconstruction of the pedestrian trail (Bridge No. 10X21). The City will perform all maintenance including, but not limited to, snow and ice control/removal, sweeping and debris removal, patching, crack repair, pavement replacement, graffiti removal, signing, pavement markings, panel repair, painting and/or replacement of damaged of any aesthetic elements, and any other maintenance activities necessary to perpetuate the pedestrian trail bridge in a safe, usable and aesthetically acceptable condition. The City will be responsible for inspection, minor andmajor maintenance, replacement, andany other costs. If the State deems the City’s maintenance practices unacceptable, the State shall complete necessary maintenance and invoice the City. 5.5.Signal System. All operation and maintenance terms, including timing and power provisions, in Traffic Control Signal AgreementNo. 1001980, dated February24, 2017, for the existingtraffic control signalson T.H.55 at C.S.A.H.102 (DouglasDrive)will remainin full force and effect. 5.6.Additional Drainage.No party to this Agreementwilldrain any additionaldrainage volume into the storm sewer facilities constructed under the construction contract that was not included in the drainage for which the storm sewer facilities were designed, without first obtaining written permission to do so from the other party. 6. AuthorizedRepresentatives Each party'sAuthorizedRepresentativeis responsiblefor administeringthis Agreement andis authorizedto give and receive any notice or demand required or permitted by this Agreement. 6.1.The State'sAuthorizedRepresentativewill be: Name, Title:MalakiRuranika,Cooperative AgreementsEngineer(orsuccessor) Address:395 John Ireland Boulevard, St. Paul, MN 55155 Telephone:(651)366-4634 E-Mail:malaki.ruranika@state.mn.us 6.2.The City'sAuthorizedRepresentativewill be: Name,Title:Jeff Oliver,CityEngineer(or successor) Address:7800GoldenValleyRoad,Golden Valley,MN55427 Telephone:(763) 593-8304 E-Mail:joliver@goldenvalleymn.gov -4- 61 MnDOT Contract No.: 1052295 Construction within State R/W &Maintenance (Cooperative Agreements) 7. Assignment;Amendments;Waiver;ContractComplete 7.1.Assignment. No party may assign or transfer any rights or obligations under this Agreement without the prior consentof the otherparty and a written assignmentagreement,executedand approved by the same parties who executed and approved this Agreement, or their successors in office. The foregoing does not prohibit the City from contracting with a third party to perform City maintenance responsibilities covered under this Agreement. 7.2.Amendments. Any amendment to this Agreement must be in writing and will not be effective until it has been executedandapproved by the same partieswho executedand approvedthe original Agreement,or their successors in office. 7.3.Waiver.If a party failsto enforce any provisionof thisAgreement,that failure doesnot waive the provision or the party's right to subsequently enforce it. 7.4.Contract Complete.This Agreement containsall priornegotiations and agreements betweenthe Stateand the City. No other understanding regarding this Agreement, whether written or oral, may be used to bind either party. 8. Liability;WorkerCompensationClaims;Insurance 8.1.Each party is responsible for its own acts, omissions, and the results thereof to the extent authorized by law and will not be responsible for the acts, omissions of others, and the results thereof. Minnesota Statutes §3.736 andotherapplicable law govern liability of the State. MinnesotaStatutes Chapter466 and other applicable law govern liability of the City. Notwithstanding the foregoing, the City will indemnify, hold harmless, and defend (to the extent permitted by the Minnesota Attorney General) the State against any claims,causesof actions,damages, costs (including reasonableattorneys fees), andexpensesarising in connection with the project covered by this Agreement, regardless of whether such claims are asserted by the City's contractor(s) or consultant(s) or by a third party because of an act or omission by the City or its contractor(s) or consultant(s). 8.2.Each party is responsible forits own employeesfor any claimsarising undertheWorkers Compensation Act. 8.3.The Citymay require its contractorto carry insuranceto coverclaims for damages asserted againstthe City's contractor. 9. Nondiscrimination Provisionsof Minnesota Statutes§ 181.59 andof anyapplicable law relatingto civil rights and discrimination are considered part of this Agreement. 10. State Audits Under MinnesotaStatutes§ 16C.05, subdivision5, theCity's books, records,documents, accountingprocedures, and practices relevant to this Agreement are subject to examination by the State and the State Auditor or Legislative Auditor, as appropriate, for a minimum of six years from the end of this Agreement. 11. GovernmentDataPractices The City and State must comply with the Minnesota Government Data Practices Act, Minnesota Statutes Chapter 13, as it applies to all data provided under this Agreement, and as it applies to all data created, collected, received, stored, used, maintained, or disseminated by the City under this Agreement. The civil remedies of Minnesota Statutes§13.08 applyto the releaseof the data referredto in this clause by either the City or the State. -5- 62 MnDOT Contract No.: 1052295 Construction within State R/W &Maintenance (Cooperative Agreements) 12. GoverningLaw;Jurisdiction;Venue Minnesota law governs the validity, interpretation, and enforcement of this Agreement. Venue for all legal proceedings arising outof this Agreement,or its breach, must be in the appropriate state or federalcourtwith competent jurisdiction in Ramsey County, Minnesota. 13. Termination;Suspension 13.1.By MutualAgreement.This Agreementmay beterminatedbymutual agreementof the partiesor by the State for insufficient funding as described below. 13.2.Termination for Insufficient Funding. The State may immediately terminate this Agreement if it does not obtain fundingfrom theMinnesotaLegislature,orother fundingsource; or if funding cannot be continued at a level sufficient to allow for the payment or the provision of the services covered here. Termination must be by writtenor fax notice to the City. The Statewill not be assessed any penalty if this Agreement is terminated because of the decision of the Minnesota Legislature, or other funding source, not to appropriate funds. 13.3.Suspension. In the event of a total or partial government shutdown, the State may suspend this Agreement andallwork, activities, performance, andpayments authorizedthrough this Agreement. 14. StateBondFinancedProperty Restrictions 14.1.State Grant Agreement Relationship to Project. Pursuant to a General Obligation Bond Proceeds Grant Agreement - Construction Grant (Grant Agreement) to be entered into between the City and State, authorized by MinnesotaLaws 2020,5th Special Session, Chapter3, Article 1,Section16, Subdivision7, the City is providing funding for the Project within the area as shown in Exhibit A (“Area”), using State of Minnesota general obligation bond proceeds issued under Article XI, Section 5 (a) of the Minnesota Constitution (G.O. Bonds). The use of the G.O. Bondsproceeds and the City’s use of the Project are further subject to the restrictions, obligations, and terms imposed under the Grant Agreement. Portions of the Project are funded by G.O. Bonds, are not needed for the trunk highway, and are therefore not part of the State's trunk highway system. City and State acknowledge that due to the use of G.O. Bonds to fund the Project, the Commissioner of Minnesota Management and Budget (MMB) has certain rights in the Project as set forth in the Grant Agreement. The State’s interest under the Grant Agreement extends for 37.5 years, as measured from the date of substantial completion of the Project. The City willownthe non-trunkhighway portionsof the Project pursuantto MinnesotaStatutes Chapter 160. 14.2.Modifications, Amendment, Termination. Notwithstanding anything to the contrary in this Agreement, the State agrees to provide at least ninety days’ notice to the Commissioner of MMB, consult with MMB, and make a good faith effort to obtain the Commissioner of MMB’s consent before modifying, restating, amending, changingin anyway, prematurely terminating, revoking,or cancellingthis Agreement,except in the case of: (1) an emergency as determined in the State’s sole discretion; or (2) a routine amendment to update Project costs or cost participation as construction proceeds. Notwithstanding anything to the contrary in this Agreement, before the State terminates or cancels this Agreement due to the City’s failure to perform any requirements or obligations under this Agreement, the State will give written notice of such failure to the City and will allow the City thirty days to cure such default to the State’s satisfaction. Notwithstanding anything to the contrary in this Agreement, the State will first demand specific performance by the City inthe event of the City’sfailure to perform any requirementsor obligations under this Agreement (for the avoidance of doubt, this provision does not require the State to obtain a court -6- 63 MnDOT Contract No.: 1052295 Construction within State R/W &Maintenance (Cooperative Agreements) order for specific performance). In theevent the Agreement isterminatedpursuant to Article 12, the City will pay MMB the bond financed share of the Project as required by the Grant Agreement. TheState acknowledgesthat it hasnocurrent plansinthe (i)MinnesotaStateHighway InvestmentPlan, (ii) Minnesota Capital Highway InvestmentPlan, and (iii) Minnesota State Transportation Investment Plan that would affect the intended long-term useof theProjector requirethecancellationof this Agreement. The State will give the City and MMB notice of any foreclosure by a third party of a voluntary or involuntary lienorencumbrance relatingto theProject forwhich the State hasknowledge. The Stateshall make a good faith effort to obtain the Commissioner of MMB’s consent to any mortgage or voluntary lien on its interest in this Agreement before creating such an interest. 14.3.Transfer of Property by the State; Cancellation of Agreement by the City. If the State sells or transfers the Area within 37.5 years of the date of substantial completion of the Project, the City will pay MMB the bond financed share of the Project sale as required by the Grant Agreement. If the City determinesthat the Project no longer serves a government purpose, the City will notify MMB and pay to MMB the bond financed share of the Project as required by the Grant Agreement. 15. Force Majeure No party will be responsible to the other for a failure to perform under this Agreement (or a delay in performance), if such failure ordelay is due to a forcemajeure event. A forcemajeure eventis an event beyond a party's reasonable control, including but not limited to, unusually severe weather, fire, floods, other acts of God, labor disputes, acts of war or terrorism, or public health emergencies. [The remainderofthis page has beenintentionallyleft blank] -7- 64 MnDOT Contract No.: 1052295 Construction within State R/W &Maintenance (Cooperative Agreements) CITY OF GOLDEN VALLEY The undersigned certify that they have lawfully executedthiscontracton behalfofthe Governmental Unit as required by applicable charter provisions, resolutions, or ordinances. By: Title: ShepardM. Harris,Mayor Date: May 2, 2023 By: Title: Timothy J. Cruikshank, City Manager Date: May 2, 2023 DEPARTMENT OF TRANSPORTATION RecommendedforApproval: By: (District Engineer) Date: Approved: By: (State Design Engineer) Date: COMMISSIONER OF ADMINISTRATION By: (With Delegated Authority) Date: INCLUDECOPY OFRESOLUTIONAPPROVINGTHEAGREEMENT ANDAUTHORIZING ITSEXECUTION. -8- 65 b#-4-MGD ::SC:,:'61";'1:::C:'.'r::,.,':'oRAwNBY ""A'""'  " a E l EB OLSONMEMORIALHIGHWAYSERVICEROAD AND TH 55 UNDERPASS i.:[1..!'!!'I I SCA L♦E INFEET SECTION LEGEND CI)CI)CI) PLAN SHEET NUMBER "'"< I I IL - lt 0 100 200 AGREEMENT 1052295 EXHIBIT A - FUNDING "AREA" - "AREA" TRAFFIC CONTI N?,,2.·-- SIGNAL RE NO!l.\.. o.21x\ SP2723-146 40.34 "-J '--- {,'> 8  'i5" -:-"'ni"' ...§ i "'ill -cto' BSTEAGlINOISAi □-.,___,BEGIN SAP 128·332·008 -OLSON MEMORIAL HIGHWAY SERVICE ROAD OLSONMEMORIALHIGHWAY =if+END SAP 128-332-008 t------------------------------------_..--'/'!/----T-H-5-5 -e-de-t-ri-an-T-un-ne-l -at-O-ls-on-----------------.P.-27 2-3-1-46 /-S.A -.P.1-28--33 2--00-8/S-.A.P-.1 2-8-5-94 00 CH CK V:AJP UNDERTHELAWSOFTHESTATEOF PRINTEONAMe:3/13/2023 :PLOWMAN.PE WS 0''go enll Memorial Highway Frontage Road GENERAL LAYOUT a:E EDB MINNESOTA.DATE:UC.NO.va ey CITY OF GOLDEN VALLEY,MINNESOTA s.P.2123-146fTH1s2s81-15s!}4.().A.P0.1l2s-332-0oa1s.A.P.Sheet N 0.1 0f 1 Sheets INPLACE TOPOGRAPHY le UTILITIES PLAN 12 13 1◄ REMOVAL PLANS 75 76 77 CONSTRUCTION PLAN 78 79 80 DRAINAGE PLAN 117 118 119 IATER MAIN PLAN EROSION CONTROL Sc TURF ESTABLISHlENT PLAN 12◄ 130 125 131 126 132 PAVEMENT MARKING PLAN 13◄135 1-36 LIGHTING PLAN 1◄0 1◄1 SIGN REMOVAL PLAN 1◄3 1◄◄1◄5 SIGNING PLAN 1◄6 1-◄7 1-◄8 GRADING PLAN 95 66 RESOLUTION NO. 23-026 IT IS RESOLVED that the City of Golden Valley enter into MnDOT Agreement No. 1052295 withthe State of Minnesota, Department of Transportation for the following purposes: To provide for routine maintenance by the City upon, along, and adjacent to Trunk Highway No. 55 at County State Aid Highway No. 102 (Douglas Drive), the limits of which are defined in said Agreement. IT IS FURTHER RESOLVED that the Mayor and the City Manager are authorized to execute the Agreement and any amendments to the Agreement. CERTIFICATION I certify that the above Resolution is an accurate copy of the Resolution adopted by the Council of the City of Golden Valley at an authorized meeting held on the 2 nd day of May, 2023, as shown by the minutes of the meeting in my possession. (Signature) (Type or Print Name) (Title) Subscribedandsworn to me this 2nd day of May 2023 Notary Public My Commission Expires 67 Agreement No. PW 34-13-23 County Project No. 2202100 County State Aid Highway 102 City of Golden Valley County of Hennepin 1 ___ CONSTRUCTION COOPERATIVE AGREEMENT This Agreement is made between the County of Hennepin, a body politic and corporate under the laws of the State of Minnesota, hereinafter referred to as the “County”, and the City of Golden Valley, a body politic and corporate under the laws of the State of Minnesota, hereinafter referred to as the “City”. The County and the City collectively are referred to as the “Parties”. Recitals The following Recitals are incorporated into this Agreement. 1. The City, in coordination with the County, and the Minnesota Department of Transportation (MnDOT), desire to improve safety at the intersection of County State Aid Highway (CSAH) 102 (Douglas Drive) and Trunk Highway (TH) 55 (Olson Memorial Highway), which improvements include construction of a box culvert underpass across TH 55 (“Pedestrian Tunnel”), a mini roundabout south of TH 55, extension of frontage road south of TH 55, retaining walls, curb and gutters, concrete sidewalks, multi-use trail, Americans with Disabilities Act (ADA) compliant ramps, landscaping, underground utility relocation, and other improvements within the corporate limits of the City, as shown in plans for City Project No. 20-15, as further illustrated in Exhibit A (“Project Plan Title Sheet”), and which shall hereinafter be referred to as the “City Project”. 2. The foundations of the retaining walls constructed as part of the City Project will impact the CSAH 102 right of way (the “Retaining Walls”). 3. The Parties have agreed to enter into this Agreement to memorialize the partnership and to outline each party’s ownership and financial responsibilities, maintenance responsibilities, and associated costs for the Retaining Walls, under County Project (CP) No. 2202100, and which Retaining Wall work shall hereinafter be referred to as the “Project”. 4. The Parties previously entered into a separate agreement (Hennepin County Agreement No. PW 15-13-16)for construction and maintenance of CSAH 102 from TH 55 to Olson Memorial Highway Frontage Road North on June 10, 2016 (the “Construction Cooperative Agreement” or “CCA”). 5. The City shall be the lead agency in Project design, engineering, and construction administration, and shall be responsible for acquiring all governmental agency-required permits needed for the Project. 6. The Project will be carried out by the Parties under the provisions of Minnesota Statutes, 68 Agreement No. PW 34-13-23 CSAH No. 102; C.P. 2100701 2 ___ Section 162.17, Subdivision 1, and Section 471.59. Agreement NOW, THEREFORE, the Parties agree as follows: 1.Term of Agreement, Survival of Terms, and Exhibits. Effective Date. This Agreement is effective as of the date of the final signature. Expiration Date.This Agreement will expire after the date in which all obligations have been satisfactorily fulfilled. Survival of Terms.Provisions that by their nature are intended to survive the term, cancellation or termination of this Agreement do survive such term, cancellation or termination. Such provisions include but are not limited to: Maintenance Responsibilities, Records/Audits, Indemnification, Insurance, Worker Compensation Claims, Cancellation,Termination, and Minnesota Laws Govern. Exhibits. All exhibits are attached and incorporated into this Agreement. 1.4.1. Exhibit A (Project Plan Title Sheet) 2.Project Construction. Contract Award and Administration. The City or its agents shall prepare the necessary Project plans, specifications, and proposal; obtain approval of the plans and specifications from MnDOT and the County; advertise for bids for the work and construction; receive and open bids pursuant to the advertisement; enter into a contract with the successful bidder at the unit prices specified in the bid of such bidder; administer the contract; and perform the required engineering and inspection; all in accordance with the plans and specifications set forth below. Plans and Specifications. 2.2.1. Design Work. All design work performed by the City and its agents for the Project shall be prepared and certified by a Professional Engineer licensed in the State of Minnesota. All designs which affect County facilities shall conform to the Minnesota Department of Transportation (MnDOT)Design Standards applicable to County State Aid Highways and to the requirements of the Americans with Disabilities Act (ADA), and be approved by the County Engineer prior to construction. Attached as Exhibit B is a copy of the MnDOT ADA Compliance Checklist (Curb Ramp) and APS forms. The City or its agents shall complete the forms for each curb ramp constructed and APS installed as part of the Project and submit the forms by using the County’s “Asset Management” site, which requires registration to access. Directions for obtaining access to the Asset Management site can be found at the following link, under the “ADA 69 Agreement No. PW 34-13-23 CSAH No. 102; C.P. 2100701 3 ___ checklists for construction within county right-of-way” bar: (https://www.hennepin.us/residents/transportation/ada-transition-plan). 2.2.2. Plan Numbers (S.A.P#/ S.P.#). The plans and specifications for the Project are referenced and identified as S.P.#2723-146; S.A.P.#128-332-008; S.A.P.# 128-594- 001, and shall be approved by MnDOT prior to Project construction. 2.2.3. Request for Copies of Plans. At the request of the County, the City or its agents shall furnish the County with any working copies of any plans, designs or reports at any time during the Project design process. Upon completion of the Project, the City or its agents shall furnish the County with a complete set of as-built plans certified as to their accuracy by the City Engineer and shall be submitted to Public Works Transportation Project Delivery Design and Operations Asset Management Divisions. 2.2.4. Plan Review and Approval. The City shall furnish the County Public Works Transportation Project Delivery Design Division with Project plans and specifications for review and approval as follows: electronic submittals at 60%, 90%, and 100%; comment response letter with 90% and 100% package; electronic copy of plans at 100% for County permit approval. Construction Supervision and Inspection. The City or its agents will administer the construction contract,perform all necessary engineering, inspection,and testing of all the Project work. All work for the Project shall be completed in compliance with the MnDOT and County approved plans and specifications. The County Engineer or a designated representative shall have the right, as the work progresses, to enter upon the job site to make any inspections deemed necessary and shall cooperate with the City Engineer and staff at their request to the extent necessary,but will have no responsibility for the supervision of the work. Plan Changes and Additional Construction. 2.4.1. Plan Changes. The County agrees that the City may make changes in the plans or in the character of the Project construction that are reasonably necessary to cause the construction to be in all things performed and completed in a satisfactory manner, subject to the County’s rights under Subsection 2.4.2. 2.4.2. Review Proposed Changes. The County shall have the right to review any proposed changes to the plans and specifications prior to the work being performed, except in emergencies, and in those instances where the proposed changes necessitate a re-engineering of the design and/or specifications, the City shall submit the re- engineered design and/or specifications to the County. The County Engineer or designated representative shall respond to the City’s request for approval to authorize the issuance of any negotiated change orders or supplemental agreements prepared by the City within a reasonable time frame. Right of Way/Permit 2.5.1. Right of Way Acquisition. The City or its agents shall acquire all additional 70 Agreement No. PW 34-13-23 CSAH No. 102; C.P. 2100701 4 ___ right of way, permits and/or easements or other property rights required for the construction of the Project. 2.5.2. Access Rights and Permits. The County shall cooperate with the conveyance of any reasonable access rights over the County’s existing right of way that may be required by the City for construction of the Project. The Parties understand that any such access rights must be necessary for completion of the Project and shall be subject to applicable County Board or County staff approval requirements;these access rights will be granted at no cost to the City.Any and all County permits required for the Project shall be granted by the County at no cost or expense to the City or its contractors. The City shall also obtain, and comply with, any and all permits and approvals required from other governmental or regulatory agencies to accomplish the Project. 2.5.3. Right of Way Costs. Not applicable to the Project. Traffic Signal. Not applicable to the Project. Street Lighting. Not applicable to the Project. 3.Cost Participation. Not applicable to the Project. 4.Payment. Not applicable to the Project. 5.County Supplied Equipment.Not applicable to the Project. 6.The City’s Maintenance Responsibilities. The Parties understand and agree that the City shall own and maintain all improvements and lateral support duties constructed or revised as part of the City Project in addition to all maintenance responsibilities of the City as prescribed in the CCA. Additionally, upon completion of the Project, the City shall provide the following year-round maintenance services required thereafter at no cost to the County. Retaining Walls, associated components, and foundations.The City shall own and maintain the Retaining Walls, associated components including any integral ornamental metal railings,and foundations at no cost or expense to the County. Maintenance includes but is not limited to routine maintenance, reactive maintenance, minor repairs, unauthorized markings removal, and any other activities required to maintain the Retaining Walls and their components and foundations in good working order per accepted City practices. 7.The County’s Maintenance Responsibilities. The Parties understand and agree that the County has no maintenance responsibilities for any improvements constructed or revised as part of the City Project or the Project. 8.Authorized Representatives. In order to coordinate the services of the County with the activities of the City and vice versa so as to accomplish the purposes of this Agreement, the Hennepin County and the City Engineers or their designated representatives shall manage this Agreement on behalf of the County and the City. 71 Agreement No. PW 34-13-23 CSAH No. 102; C.P. 2100701 5 ___ County of Hennepin: Carla Stueve County Highway Engineer Hennepin County Public Works 1600 Prairie Drive, Medina, MN 55340 Office: 612-596-0356 Carla.Stueve@hennepin.us City of Golden Valley: Jeff Oliver, P.E. City Engineer City of Golden Valley 7800 Golden Valley Road, Golden Valley, MN 55427 Office: 763-593-8034 joliver@goldenvalleymn.gov 9.Assignment,Amendments, Default, Waiver, Agreement Complete, Cancellation or Termination. Assignment. The City shall not assign, subcontract, transfer or pledge this Agreement and/or the services to be performed hereunder, whether in whole or in part, without the prior written consent of the County. Amendments.Any alterations, variations, modifications or waivers of provisions of this Agreement shall only be valid when they have been reduced to writing as an amendment to this Agreement and signed by the Parties hereto. Default. If the City fails to perform any of the provisions of this Agreement or so fails to administer the work as to endanger the performance of the Agreement, this shall constitute a default. Unless the City's default is excused by the County, the County may upon written notice immediately cancel this Agreement in its entirety. Waiver. The County's failure to insist upon strict performance of any provision or to exercise any right under this Agreement shall not be deemed a relinquishment or waiver of the same, unless consented to in writing. Such consent shall not constitute a general waiver or relinquishment throughout the entire term of the Agreement. Agreement Complete. The entire Agreement between the Parties is contained herein and that this Agreement supersedes all oral agreements and negotiations between the Parties relating to the subject matter hereof. All items referred to in this Agreement are incorporated or attached and are deemed to be part of this Agreement. Cancellation or Termination. This Agreement may be terminated or cancelled by either party with or without cause upon thirty (30) day written notice. This Agreement shall be terminated or cancelled by either party upon a material breach by the other party. In the event of a termination or cancellation, the Parties will remain responsible for cost participation as provided in this Agreement for obligations incurred up through the effective date of the termination or cancellation, subject to any equitable adjustment 72 Agreement No. PW 34-13-23 CSAH No. 102; C.P. 2100701 6 ___ that may be required to account for the effects of a breach. 10.Indemnification. 10.1. The City Indemnifies the County. The City agrees to defend, indemnify and hold harmless the County, its officials, officers, agents, volunteers, and employees from any liability, claims, causes of action, judgments, damages, losses, costs or expenses, including reasonable attorneys’ fees, resulting directly or indirectly from any act or omission of the City or the City’s consultant or sub consultant, anyone directly or indirectly employed by them, and/or anyone for whose acts and/or omissions they may be liable in the performance of the services required by this Agreement, and against all loss by reason of the failure of the City to perform fully, in any respect, all obligations under this Agreement. The City’s liability shall be governed by the provisions of Minnesota Statutes, Chapter 466 or other applicable law. 10.2. The County Indemnifies the City. The County agrees to defend, indemnify and hold harmless the City, its officials, officers, agents, volunteers, and employees from any liability, claims, causes of action, judgments, damages, losses, costs or expenses, including reasonable attorneys’ fees, resulting directly or indirectly from any act or omission of the County or the County’s consultant or sub consultant, anyone directly or indirectly employed by them, and/or anyone for whose acts and/or omissions they may be liable in the performance of the services required by this Agreement, and against all loss by reason of the failure of the County to perform fully, in any respect, all obligations under this Agreement. The County’s liability shall be governed by the provisions of Minnesota Statutes, Chapter 466 or other applicable law. 11.Insurance. Each of the Parties acknowledges that the other is self-insured consistent with Minnesota law. The City agrees that any future contract let by the City for the performance of any of the work included hereunder shall include clauses that will: 1) Require the contractor to indemnify and hold the County, its commissioners, officers, agents and employees harmless from any liability, claim, demand, judgments,expenses, action or cause of action of any kind or character arising out of any act or omission of the contractor, its officers, employees, agents or subcontractors;2)Require the contractor to be an independent contractor for the purposes of completing the work provided for in this Agreement; and 3) Require the contractor to provide and maintain enough insurance so as to assure the performance of its indemnification and hold harmless obligation. 12.Worker Compensation Claims. City’s Employees. Any and all employees of the City and all other persons engaged by the City in the performance of any work or services required or provided for herein to be performed by the City shall not be considered employees of the County, and any and all claims that may or might arise under the Workers' Compensation Act or the Unemployment Compensation Act of the State of Minnesota on behalf of the employees while so engaged and any and all claims made by any third parties as a consequence of any act or omission on the part of the employees while so engaged on any of the work or services provided to be rendered herein shall in no way be the obligation or responsibility of the County. 73 Agreement No. PW 34-13-23 CSAH No. 102; C.P. 2100701 7 ___ County’s Employees. Any and all employees of the County and all other persons engaged by the County in the performance of any work or services required or provided for herein to be performed by the County shall not be considered employees of the City, and any and all claims that may or might arise under the Workers' Compensation Act or the Unemployment Compensation Act of the State of Minnesota on behalf of the employees while so engaged and any and all claims made by any third parties as a consequence of any act or omission on the part of the employees while so engaged on any of the work or services provided to be rendered herein shall in no way be the obligation or responsibility of the City. 13.Records/Audits. The City agrees that the County, the State Auditor,or any of their duly authorized representatives at any time during normal business hours, and as often as they may reasonably deem necessary, shall have access to and the right to examine, audit, excerpt and transcribe any books, documents, papers, records, etc., which are pertinent to the Project and the accounting practices and procedures of the City which involve transactions relating to this Agreement. 14.Nondiscrimination. The provisions of Title VI of the Civil Rights Act of 1964, Minnesota Statute Section 181.59,and any other applicable local ordinance relating to civil rights and discrimination and the Affirmative Action Policy statement of Hennepin County shall be considered a part of this Agreement as though fully set forth herein. 15.Counterparts/Electronic Signatures. This Agreement may be executed in one or more counterparts, each of which will be deemed to be an original copy of this Agreement and all of which, when taken together, will be deemed to constitute one and the same agreement.The facsimile, email or other electronically delivered signatures of the Parties shall be deemed to constitute original signatures, and facsimile or electronic copies hereof shall be deemed to constitute duplicate originals. 16.Minnesota Laws Govern. The laws of the State of Minnesota shall govern all questions and interpretations concerning the validity and construction of this Agreement and the legal relations between the Parties and their performance. The appropriate venue and jurisdiction for any litigation will be those courts located within the County of Hennepin, State of Minnesota. Litigation, however, in the federal courts involving the Parties will be in the appropriate federal court within the State of Minnesota. (This space left intentionally blank) 74 Agreement No. PW 34-13-23 CSAH No. 102; C.P. 2100701 8 ___ IN TESTIMONY WHEREOF,the Parties hereto have caused this Agreement to be executed by their respective duly authorized officers and agree to be bound by the provisions herein set forth. CITY OF GOLDEN VALLEY By: Shepard M. Harris, Mayor Date: May 2, 2023 By: Timothy J. Cruikshank, City Manager Date: May 2, 2023 COUNTY OF HENNEPIN By: ________________________________ County Administrator Date: ________________________________ REVIEWED BY THE COUNTY ATTORNEY’S OFFICE: And:_________________________________ Assistant County Administrator, Public Works By:Date:________________________________ Assistant County Attorney Date: RECOMMENDED FOR APPROVAL REVIEWED:By:_________________________________ County Highway Engineer By: Sheri Selton Date:________________________________ Date: RECOMMENDED FOR APPROVAL By:_________________________________ Department Director, Transportation Operations Date:________________________________ 75 Agreement No. PW 34-13-23 CSAH No. 102; C.P. 2100701 9 ___ EXHIBIT A Project Plan Title Sheet 76 Agreement No. PW 34-13-23 CSAH No. 102; C.P. 2100701 10 ___ 77 Agreement No. PW 34-13-23 CSAH No. 102; C.P. 2100701 11 ___ RESOLUTION NO. 23-027 RESOLUTION AUTHORIZING COOPERATIVE AGREEMENT WITH HENNEPIN COUNTY FOR CONSTRUCTION OF NEW RETAINING WALL IN DOUGLAS DRIVE (CSAH 102) RIGHT OF WAY AS PART OF DOUGLAS DRIVE TRUNK HIGHWAY 55 PEDESTRIAN TUNNEL PROJECT IT IS RESOLVED that the City of Golden Valley may enter into Hennepin County Agreement No. PW-34-13-23 for the following purposes: to memorialize the partnership and to outline each party’s ownership and financial responsibilities, maintenance responsibilities, and associated costs for the Retaining Walls. IT IS FURTHER RESOLVED that the Mayor and the City Manager are authorized to execute the Agreement and any amendments to the Agreement. ____________________________________ Shepard M. Harris, Mayor CERTIFICATION I certify that the above Resolution is an accurate copy of the Resolution adopted by the Council of the City of Golden Valley at an authorized meeting held on the 2nd day of May, 2023, as shown by the minutes of the meeting in my possession. ATTEST: _____________________________ Theresa J. Schyma, City Clerk 78 LUP – Standardized LUP Form Page 1 of 6 LU1001 3/8/2023 STATE OF MINNESOTA DEPARTMENT OF TRANSPORTATION LIMITED USE PERMIT C.S. 2723 (T.H. 55) County of Hennepin LUP # 2723-0263 Permittee: City of Golden Valley Expiration Date: 03/07/2033 Coop. Agmt #1052295 In accordance with Minnesota Statutes Section 161.434, the State of Minnesota, through its Commissioner of Transportation, (“MnDOT”), hereby grants a Limited Use Permit (the “LUP”) to City of Golden Valley, (“Permittee”), to use the area within the right of way of Trunk Highway No. 55 as shown in red on Exhibit "A", (the “Area”) attached hereto and incorporated herein by reference. This Limited Use Permit is executed by the Permittee pursuant to resolution, a certified copy of which is attached hereto as Exhibit B. Non-Motorized Trail The Permittee's use of the Area is limited to only the constructing, maintaining and operating a nonmotorized trail ("Facility") and the use thereof may be further limited by 23 C.F.R. 652 also published as the Federal-Aid Policy Guide. The permittee agrees that this permit totally replaces and supersedes the previously issued Limited Use permit affecting the Area, specifically: Permit, #2723-0167, was issued on 8/31/2016 on CS 2723 (TH 55). Upon issuance of this permit, the earlier issued permit is cancelled. In addition, the following special provisions shall apply: SPECIAL PROVISIONS 1. TERM. This LUP terminates at 11:59PM on 03/07/2033 (“Expiration Date”) subject to the right of cancellation by MnDOT, with or without cause, by giving the Permittee ninety (90) days written notice of such cancellation. This LUP will not be renewed except as provided below. 79 LUP – Standardized LUP Form Page 2 of 6 LU1001 3/8/2023 Provided this LUP has not expired or terminated, MnDOT may renew this LUP for a period of up to ten (10) years, provided Permittee delivers to MnDOT, not later than ninety (90) days prior to the Expiration Date, a written request to extend the term. Any extension of the LUP term will be under the same terms and conditions in this LUP, provided: (a) At the time of renewal, MnDOT will review the Facility and Area to ensure the Facility and Area are compatible with the safe and efficient operation of the highway and the Facility and Area are in good condition and repair. If, in MnDOT’s sole determination, modifications and repairs to the Facility and Area are needed, Permittee will perform such work as outlined in writing in an amendment of this LUP; and (b) Permittee will provide to MnDOT a certified copy of the resolution from the applicable governmental body authorizing the Permittee’s use of the Facility and Area for the additional term. If Permittee’s written request to extend the term is not timely given, the LUP will expire on the Expiration Date. Permittee hereby voluntarily releases and waives any and all claims and causes of action for damages, costs, expenses, losses, fees and compensation arising from or related to any cancellation or termination of this LUP by MnDOT. Permittee agrees that it will not make or assert any claims for damages, costs, expenses, losses, fees and compensation based upon the existence, cancellation or termination of the LUP. Permittee agrees not to sue or institute any legal action against MnDOT based upon any of the claims released in this paragraph. 2. REMOVAL. Upon the Expiration Date or earlier termination, at the Permittee’s sole cost and expense Permittee will: (a) Remove the Facility and restore the Area to a condition satisfactory to the MnDOT District Engineer; and (b) Surrender possession of the Area to MnDOT. If, without MnDOT’s written consent, Permittee continues to occupy the Area after the Expiration Date or earlier termination, Permittee will remain subject to all conditions, provisions, and obligations of this LUP, and further, Permittee will pay all costs and expenses, including attorney’s fees, in any action brought by MnDOT to remove the Facility and the Permittee from the Area. 3. CONSTRUCTION. The construction, maintenance, and supervision of the Facility shall be at no cost or expense to MnDOT. Before construction of any kind, the plans for such construction shall be approved in writing by the MnDOT's District Engineer. Approval in writing from MnDOT District Engineer shall be required for any changes from the approved plan. 80 LUP – Standardized LUP Form Page 3 of 6 LU1001 3/8/2023 The Permittee will construct the Facility at the location shown in the attached Exhibit "A", and in accordance with MnDOT-approved plans and specifications. Further, Permittee will construct the Facility using construction procedures compatible with the safe and efficient operation of the highway. Upon completion of the construction of the Facility, the Permittee shall restore all disturbed slopes and ditches in such manner that drainage, erosion control and aesthetics are perpetuated. The Permittee shall preserve and protect all utilities located on the lands covered by this LUP at no expense to MnDOT and it shall be the responsibility of the Permittee to call the Gopher State One Call System at 1-800-252-1166 at least 48 hours prior to performing any excavation. Any crossings of the Facility over the trunk highway shall be perpendicular to the centerline of the highway and shall provide and ensure reasonable and adequate stopping sight distance. 4. MAINTENANCE. Any and all maintenance of the Facility shall be provided by the Permittee at its sole cost and expense, including, but not limited to, plowing and removal of snow and installation and removal of regulatory signs. No signs shall be placed on any MnDOT or other governmental agency sign post within the Area. MnDOT will not mark obstacles for users on trunk highway right of way. 5. USE. Other than as identified and approved by MnDOT, no permanent structures or no advertising devices in any manner, form or size shall be allowed on the Area. No commercial activities shall be allowed to operate upon the Area. Any use permitted by this LUP shall remain subordinate to the right of MnDOT to use the property for highway and transportation purposes. This LUP does not grant any interest whatsoever in land, nor does it establish a permanent park, recreation area or wildlife or waterfowl refuge. No rights to relocation benefits are established by this LUP. This LUP is non-exclusive and is granted subject to the rights of others, including, but not limited to public utilities which may occupy the Area. 6. APPLICABLE LAWS. This LUP does not release the Permittee from any liability or obligation imposed by federal law, Minnesota Statutes, local ordinances, or other agency regulations relating thereto and any necessary permits relating thereto shall be applied for and obtained by the Permittee. Permittee at its sole cost and expense, agrees to comply with, and provide and maintain the Area, Facilities in compliance with all applicable laws, rules, ordinances and regulations issued by any federal, state or local political subdivision having jurisdiction and authority in connection with said Area including the Americans with Disabilities Act (“ADA”). If the Area and Facilities are not in compliance with the ADA or other applicable laws MnDOT may enter the Area and 81 LUP – Standardized LUP Form Page 4 of 6 LU1001 3/8/2023 perform such obligation without liability to Permittee for any loss or damage to Permittee thereby incurred, and Permittee shall reimburse MnDOT for the cost thereof, plus 10% of such cost for overhead and supervision within 30 days of receipt of MnDOT’s invoice. 7. CIVIL RIGHTS. The Permittee for itself, successors in interest, and assigns, as a part of the consideration hereof, does hereby covenant and agree that in the event improvements are constructed, maintained, or otherwise operated on the Property described in this Limited Use Permit for a purpose for which a MnDOT activity, facility, or program is extended or for another purpose involving the provision of similar services or benefits, the Permittee will maintain and operate such improvements and services in compliance with all requirements imposed by the Acts and Regulations relative to nondiscrimination in federally-assisted programs of the United States Department of Transportation, Federal Highway Administration, (as may be amended) such that no person on the grounds of race, color, national origin, sex, age, disability, income- level, or limited English proficiency will be excluded from participation in, denied the benefits of, or be otherwise subjected to discrimination in the use of said improvements. 8. SAFETY. MnDOT shall retain the right to limit and/or restrict any activity, including the parking of vehicles and assemblage of Facility users, on the highway right of way over which this LUP is granted, so as to maintain the safety of both the motoring public and Facility users. 9. ASSIGNMENT. No assignment of this LUP is allowed. 10. IN WRITING. Except for those which are set forth in this LUP, no representations, warranties, or agreements have been made by MnDOT or Permittee to one another with respect to this LUP. 11. ENVIRONMENTAL. The Permittee shall not dispose of any materials regulated by any governmental or regulatory agency onto the ground, or into any body of water, or into any container on the State’s right of way. In the event of spillage of regulated materials, the Permittee shall notify in writing MnDOT’s District Engineer and shall provide for cleanup of the spilled material and of materials contaminated by the spillage in accordance with all applicable federal, state and local laws and regulations, at the sole expense of the Permittee. 12. MECHANIC’S LIENS. The Permittee (for itself, its contractors, subcontractors, its materialmen, and all other persons acting for, through or under it or any of them), covenants that no laborers', mechanics', or materialmens' liens or other liens or claims of any kind whatsoever shall be filed or maintained by it or by any subcontractor, materialmen or other person or persons acting for, through or under it or any of them against the work and/or against said lands, for or on account of any work done or materials furnished by it or any of them under any agreement or any amendment or supplement thereto. 82 LUP – Standardized LUP Form Page 5 of 6 LU1001 3/8/2023 13. NOTICES. All notices which may be given, by either party to the other, will be deemed to have been fully given when served personally on MnDOT or Permittee or when made in writing addressed as follows: to Permittee at: Unknown, MN and to MnDOT at: State of Minnesota Department of Transportation Metro District Right of Way 1500 W. County Road B2 Roseville, MN 55113 The address to which notices are mailed may be changed by written notice given by either party to the other. 14. INDEMNITY. Permittee shall indemnify, defend to the extent authorized by the Minnesota Attorney General’s Office, hold harmless and release the State of Minnesota, its Commissioner of Transportation and employees and any successors and assigns of the foregoing, from and against: (a) all claims, demands, and causes of action for injury to or death of persons or loss of or damages to property (including Permittee's property) occurring on the Facility or connected with Permittee's use and occupancy of the Area, except when such injury, death, loss or damage is caused solely by the negligence of State of Minnesota, but including those instances where the State of Minnesota is deemed to be negligent because of its failure to supervise, inspect or control the operations of Permittee or otherwise discover or prevent actions or operations of Permittee giving rise to liability to any person; (b) claims arising or resulting from the temporary or permanent termination of Facility user rights on any portion of highway right of way over which this LUP is granted; (c) claims resulting from temporary or permanent changes in drainage patterns resulting in flood damages; (d) any laborers', mechanics', or materialmens' liens or other liens or claims of any kind whatsoever filed or maintained for or on account of any work done or materials furnished; and (e) any damages, testing costs and clean-up costs arising from spillage of regulated materials attributable to the construction, maintenance, or operation of the Facility. 83 LUP – Standardized LUP Form Page 6 of 6 LU1001 3/8/2023 MINNESOTA DEPARTMENT OF TRANSPORTATION RECOMMENDED FOR APPROVAL CITY OF GOLDEN VALLEY By By: _ District Engineer Date Shepard M. Harris, Mayor And Timothy J. Cruikshank, City Manager APPROVED BY: COMMISSIONER OF TRANSPORTATION By: Director, Office of Land Management Date The Commissioner of Transportation by the execution of this permit certifies that this permit is necessary in the public interest and that the use intended is for public purposes. 84 SCALE IN FEET 0 --- ' , _ OLSON MEM. HWY -- c □ Sheet No. 2 of 176 Sheets I OLSON MEMORIAL HIGHWAY SERVICE ROAD AND TH 55 UNDERPASS LEGEND SECTION (I) m m PLAN SHEET NUMBER INPLACE TOPOGRAPHY UTILITIES PLAN 11 12 13 REMOVAL PLANS 71 72 73 CONSTRUCTION PLAN 74 75 76 DRAINAGE PLAN 113 114 115 WATER MAIN PLAN 120 121 122 EROSION CONTROL TURF ESTABLISHMENT PLAN 126 127 128 PAVEMENT MARKING PLAN 130 131 132 LIGHTING PLAN 136 137 - SIGN REMOVAL PLAN 139 140 141 SIGNING PLAN 142 143 144 GRADING PLAN 91 - - J ,;;. '. • N 0 ::c < u I - - -100 200 -·- OLSON MEMO SERVICEROAD EB \ STA 100+75.32 BEGIN SAP 128-594-001 \ \ \ - OLSON MEMORIAL HIGHWAY SERVICE ROAD - OLSON MEMORIAL HIGHWAY F SERVICE ROAD EB · ------------------- --. STA 111+04.39 --... END SAP 128-332-008 "11 I..> ---- SERVICE ROAD NB □ c"' 3.IIo.I' c:::; •• , . ... ! DRAWNBY: MG□ 1HEREBYCERTIFYTHATTH1ssHEETWASPREPARED siGNATURE, 1 ..,. citi•o;..._ _,.., TH55Pedestrian Tunnel at Olson GENERAL LAYOUT .P.2723-146/S.A.P.128-332-008/S.A.P.128-594-00 c§ a: DESIGNEDBY: MGD ! Nl gN :0°;: :: l /HAT PRINTEDNAME: ANDREWJ.PLOWMAN PE wsb,. golav1ury Me m Ori a I High way Frontage Road S.P. 2723-146 (TH SS]/S.A.P.128-332-008/5.A.P. cHEcKmsv, AJP uN ERTHELAwsoFTHEsrArEoFMINNEsorA. DATE, 1;1or2023 uc.No. 44200 c1TY oF GOLDEN VALLEY, MINNESOTA 12s-s94.001 TH HIGHWAY> Exhibit A LUP 2723-0263 Sheet 1 of 2 BEGIN 85 SCALE IN FEET - I - - c - - l wsb',. uoldvena1,11,""'ey cHEcKrnsv, AJP uNDERTHELAwsoFTHEsrArE□FMINNEsorA. DATE, 212012023 uc.No. 44200 c1TY oF GOLDEN VALLEY, MINNESOTA 128-594-001 eet o. o eets u> u> :c \- EXISTINGMnDOT R/W CSAH 102 (DOUGLAS DRIVE) I SCALE IN FEET .... $ 0\ I --- ,,,- CSAH 102 <DOUGLAS DR IVE l l"\-*«- 0 25 50 ,,- (i;_ TRAIL +26 +74+82 8' CONCRETE TRAIL (i;_ UNDERPASS TRAIL '11 I..> c"' 3.IIo.I' c:::; •• CSAH 102 (DOUGLAS DRIVE) CSAH 102 (DOUGLAS DRIVE) - ..J - \ END SAP 128-I594-001 TRAIL $TA 410+97.57 o r (/l 0z r l> I C, I :::;; l> -< (/l rn ;;o .<..... n rr, ;;o 0 z 0- - --25 50 LEGEND . ........ TRAFFIC DIRECTION CONSTRUCT CONCRETE PEDESTRIAN CURB RAMP WITH TRUNCATED DOMES. SEE PEDESTRIAN RAMP DETAILS. @ CONSTRUCT CONCRETE MEDIAN NOSE PER STANDARD PLATE7113 @ CURB TRANSITION (5') SEE DRIVEWAYDETAILS FOR DRIVEWAY INFORMATION SEE QUADRANT DETAILSFOR TIE-IN INFORMATION @ 4" CONCRETE WALK ® 3" BITUMINOUSWALK © CURB & GUTTER DES. R318 TIP OUT @ CURB & GUTTER DES. D412 © CURB & GUTTER DES. B618 © CURB & GUTTERDES. B424 @ CURB & GUTTER DES. 8418 ® CURB & GUTTER DES. 8412 CD CURB & GUTTER DES. 8624 0 CONCRETE SILL - -------------------------CONSTRUCTION LIMITS - ------------------------ EXISTING R/W - --------------------- DRAINAGE & UTILESMT. - ------------------------ TEMP CONSTRUCTION ESMT. -- - --- PROP PERMANENT ESMT. GENERAL NOTES 1. All LANE DIMENSIONS ARE FROM CENTERLINE TO LANE LINE OR FACE OFCURB. 2. SEE ALIGNMENT PLAN FOR CURVE DATA. 3. SEE SHEETS 81 - 86 FOR INTERSECTION DETAILSAND QUADRANT ALIGNMENTS AND PROFILES. 5. SEESHEETS 95 - 96 FOR GRADING PLANS. 6. SEE SHEETS 88 - 90 FORPEDESTRIAN RAMP DETAILS. ·• < □RAWNBY: MG□ IHERrnvceRTIFYTHATTHIssHEETWASPREPARED siGNATURE, I-D-E-51-GN_E_D_BY-,--M-GD--I BYMEORUNDERMYDIRECTSUPERVISIONANDTHAT 1 ..,. citi•ot...._ _,,., TH55 Pedestrian Tunnel at Olson CONSTRUCTION PLAN .P.2723-146/S.A.P.128-332-008/S.A.P.128-594-00 Memor·1al H"1ghway Frontage Road cf.§.: allJ: ----------11 AM A ouLv ucENsrn PR□FEssI0NALENGINEER PRINTED NAME, ANDREW J. PLowMAN. PE cs s.P. 2123.14s (TH 55J/s.A.P. 12s-332-oos;s.A.P. Sh N 80 f lBO Sh (i;_ TH 55 WB Exhibit A LUP 2723-0263 Sheet 2 of 2 - © ® CD 86 Exhibit B City Resolution Page 1 of 2 LU1016 4/26/2023 RESOLUTION NO. 23-028 AUTHORIZING THE MAYOR AND CITY MANAGER TO ENTER INTO AN AGREEMENT LIMITED USE PERMIT NO 2723-0263 WITH THE STATE OF MINNESOTA, DEPRTMENT OF TRANSPORTATION EXHIBIT B IT IS RESOLVED that the City of Golden Valley enter into Limited Use Permit No. 2723-0263 with the State of Minnesota, Department of Transportation for the following purposes: To provide for maintenance and use by the City of Golden Valley upon, along and adjacent to Trunk Highway No. 55 and the limits of which are defined in said Limited Use Permit. IT IS FURTHER RESOLVED by the City Council of Golden Valley that the Mayor and the City Manager are authorized to execute the Limited Use Permit and any amendments thereto. Adopted by the City Council of Golden Valley, Minnesota this 2nd day of May 2023. __________________________ Shepard M. Harris, Mayor ATTEST: _________________________ Theresa Schyma, City Clerk CERTIFICATION 87 Exhibit B City Resolution Page 2 of 2 LU1016 4/26/2023 I certify that Resolution No. 23-XXX is an accurate copy of the Resolution adopted by the City Council of the City of Golden Valley, Minnesota at an authorized meeting held on the 2nd day of May, 2023, as shown by the minutes of the meeting in my possession. Subscribed and sworn to before me this 2nd day of May, 2023 Notary Public ________________________ My Commission Expires: C.S. 2723 (T.H. 55) LUP # 2723-0263 ____________________________________ (Signature) ____________________________________ (Type or Print Name) ____________________________________ (Title) ____________________________________ (Signature) ____________________________________ (Type or Print Name) ____________________________________ Theresa Schyma, City Clerk 88 LUP Termination Letter Page 1 of 1 LU1018 3/8/2023 Metro District Right of Way Office Tel: 651-234-7500 1500 W. County Road B2 Roseville, MN 55113 Fax: 651-234-7708 March 8, 2023 Shep Harris Mayor City of Golden Valley 7800 Golden Valley Road Golden Valley, MN 55427 Subject: C.S. 2723 (T.H. 55) LUP # 2723-0167 Limited Use Permit for Non-Motorized Trail Termination Notice Dear Mr. Harris: This letter serves as MnDOT’s formal notice to terminate the Limited Use Permit referred to as #2723-0167 by and between the State of Minnesota, Department of Transportation (MnDOT) and the City of Golden Valley. This Limited Use Permit will be superseded by Limited Use Permit 2723-0263 in conjunction with SAP 128-594-001. Effective upon the execution of LUP 2723-0263, MnDOT terminates the Limited Use Permit and such permit is null and void effective on such date. If you have any questions or concerns, please contact me at: 651-234-7586 or e-mail Lisa.Dircks@state.mn.us. Sincerely, Lisa Dircks Metro LUP Coordinator cc: Anna Kojic, Asst. R/W Manager Doug Nelson, R/W Area Manager Michael Kowski, Maintenance Engineer E. Buck Craig, Permits Phil Bergem, Cooperative Agreements Engineer 89 90 91 92 93 94 95 96 97 FC - 1 CONTRACT NO. 20-15 AGREEMENT FOR THE TH 55 PEDESTRIAN TUNNEL AND MINI-ROUNDABOUT PROJECT PROJECT NO. 20-15 THIS AGREEMENT (this “Agreement”), entered into the 2nd day of May 2023 between the City of Golden Valley (the “City”), a municipal corporation, existing under the laws of the State of Minnesota, and Minger Construction, a corporation under the laws of Minnesota (“Contractor”). ARTICLE 1. The Contract Documents. The Contract Documents consist of: this Agreement, the Proposal and Bid of the Contractor, the Contractor’s Bonds, the General Conditions, Special Conditions and any supplementary conditions, drawings, plans, Specifications, addenda issued prior to execution of this Agreement, other documents listed herein or in any of the foregoing documents, and Modifications of the same issued after execution of this Agreement (collectively the “Contract” or “Contract Documents”). A Modification is (1) a written amendment to the Contract signed by both parties, (2) a Change Order, (3) a Construction Change Directive, or (4) a written order for a minor change in the Work issued by the Engineer. In the event of a conflict among the various provisions of the Contract Documents, the terms shall be interpreted in the following order of priority: 1. Modifications to the Contract 2. This Agreement 3. Special Conditions 4. General Conditions Drawings shall control over Specifications, and detail in drawings shall control over large-scale drawings. All capitalized terms used and not otherwise defined in this Agreement, but defined elsewhere in the Contract Documents, shall have the meaning set forth in the Contract Documents. ARTICLE 2. The Work.Contractor, for good and valuable consideration the sufficiency of which is hereby acknowledged, covenants and agrees to furnish all materials, all necessary tools and equipment, and to do and perform all work and labor necessary for 2022 Pavement Management Program (21-01) (the “Project”) according to the Plans and Specifications and all of the Contract Documents. Contractor shall commence and conclude the Work in accordance with the Contract Documents. Time is of the essence in this Agreement. Accordingly, Contractor shall complete the Work in accordance with the time schedule for commencement and completion of the Work set forth in the Contract Documents. Contractor shall complete the Work in every respect to the satisfaction and approval of the City. 98 FC - 2 ARTICLE 3. Contract Price. The City shall pay the Contractor the Contract Price in current funds for the Contractor’s performance of the Contract. The Contract Price shall be $8,876,831.49, subject to additions and deductions as provided in the Contract Documents. Installment payments, if any, on account of the Work shall be made in accordance with the provisions of the General Conditions. Final payment shall be due and payable on or before thirty (30) days after issuance of a Certificate of Final Completion issued by the City Engineer confirming that the Work has been fully completed and Contractor’s obligations fully performed by Contractor. ARTICLE 4. Contractor’s Bonds.Contractor shall make, execute, and deliver to the City corporate surety bonds in a form approved by the City, in the sum of $8,876,831.49 for the use of the City and of all persons furnishing labor, skill, tools, machinery or materials to the Project. Said bonds shall secure the faithful performance and payment of the Contract by the Contractor and shall be conditioned as required by law. This Agreement shall not become effective unless and until said bonds have been received and approved by the City. ARTICLE 5. Acceptance of the Work.The City, through its authorized agents, shall be the sole and final judge of the fitness of the Work and its acceptability. ARTICLE 6. Records.Contractor shall keep as complete, exact, and accurate an account of the labor and materials used in the execution of the Work as is possible and shall submit and make this information available as maybe requested by the City. ARTICLE 7. Payment.All payments to Contractor shall be made payable to the order of Minger Construction, and the City does not assume and shall not have any responsibility for the allocation of payments or obligations of the Contractor to third parties. ARTICLE 8. Cancellation Prior to Execution.The City reserves the right, without liability, to cancel the award of the Contract at any time before the execution of the Contract by all parties. ARTICLE 9. Special Assessment Contingency. The City’s obligation under this contract is contingent upon the availability of appropriated funds, including funds derived from special assessments, from which payment for contract purposes can be made. The City shall not be legally liable for any payment under this Agreement unless the special assessment appeal period under Minn. Stat. § 429.081 has passed and no appeals have been received. ARTICLE 10. Termination. The City may by written notice terminate the Contract, or any portion thereof, when (1) it is deemed in the best public, state, or national interest to do so; (2) the Special Assessment contingency has not been met; (3) the City is unable to adequately fund payment for the Contract because of changes in state fiscal policy, 99 FC - 3 regulations or law; or (4) after finding that, for reasons beyond Contractor’s control, Contractor is prevented from proceeding with or completing the Work within a reasonable time. In the event that any Work is terminated under the provisions hereof, all completed items or units of Work will be paid for at Contract Bid Prices. Payment for partially completed items or units of Work will be made in accordance with the Contract Documents. Termination of the Contract or any portion thereof shall not relieve Contractor of responsibility for the completed Work, nor shall it relieve Contractor’s Sureties of their obligations for and concerning any just claims arising out of the Work. IN WITNESS WHEREOF, both parties hereto have caused this Contract to be signed on their respective behalves by their duly authorized offices and their corporate seals to be hereunto affixed the day and year first above written. THE CITY OF GOLDEN VALLEY, MINNESOTA BY Shepard M. Harris, Mayor BY Timothy J. Cruikshank, City Manager CONTRACTOR: MINGER CONSTRUCTION, INCORPORATED BY Luke Minger, President 100 PROFESSIONAL SERVICES AGREEMENT for CONSTRUCTION ENGINEERING AND PUBLIC ENGAGEMENT FOR TH 55 PEDESTRIAN TUNNEL AND ROADWAY PROJECT THIS AGREEMENT is made this 2nd day of May 2023 (Effective Date”) by and between WSB Engineering and Associates, Incorporated a Minnesota company with its principal office at 701 Xenia Avenue South, Suite 300, Minneapolis, Minnesota 55416 (“Consultant”), and the City of Golden Valley, Minnesota, a Minnesota municipal corporation located at 7800 Golden Valley Road, Golden Valley, MN 55427 (the “City”): RECITALS A. Consultant is engaged in the business of providing professional engineering consulting services. B. The City desires to hire Consultant to provide Construction Engineering and Public Engagement for TH 55 Pedestrian Tunnel and Roadway Project. C. Consultant represents that it has the professional expertise and capabilities to provide the City with the requested professional services. D. The City desires to engage Consultant to provide the services described in this Agreement and Consultant is willing to provide such services on the terms and conditions in this Agreement. NOW, THEREFORE, in consideration of the terms and conditions expressed in this Agreement, the City and Consultant agree as follows: AGREEMENT 1. Services. Consultant agrees to provide the City with professional consulting services as described in the attached Exhibit A (the “Services”). Exhibit A shall be incorporated into this Agreement by reference. All Services shall be provided in a manner consistent with the level of care and skill ordinarily exercised by professionals currently providing similar services. 2. Time for Completion. The Services shall be completed on or before December 31, 2023, provided that the parties may extend the stated deadline upon mutual written agreement. This Agreement shall remain in force and effect commencing from the effective date and continuing until the completion of the project, unless terminated by the City or amended pursuant to the Agreement. 3. Consideration. The City shall pay Consultant for the Services on an hourly basis according to Consultant’s fee schedule, attached hereto as Exhibit B. Consultant’s total compensation for the Services shall not exceed $609,645. The consideration shall be for both the Services performed by Consultant and the expenses incurred by Consultant in performing the Services. The City shall make progress payments to Consultant on a monthly basis. Consultant shall submit statements to the City containing a detailed list of project labor and hours, rates, titles, and amounts undertaken by Consultant during the relevant billing period. The City shall pay Consultant within thirty (30) days after Consultant’s statements are submitted. 4. Expense Reimbursement. Consultant shall not be compensated separately for necessary incidental expenses. All expenses of Consultant shall be built into Consultant’s hourly compensation rate, 1 101 Expense Reimbursement. Consultant shall not be compensated separately for necessary incidental expenses. All expenses of Consultant shall be built into Consultant’s hourly compensation, rate, unless reimbursement is provided for an expense that received the prior written approval of the City, which approval may be provided via electronic mail. 5. Approvals. Consultant shall secure the City’s written approval before making any expenditures, purchases, or commitments on the City’s behalf beyond those listed in the Services. The City’s approval may be provided via electronic mail. 6. Termination. Notwithstanding any other provision hereof to the contrary, this Agreement may be terminated as follows: a. The parties, by mutual written agreement, may terminate this Agreement at any time; b. Consultant may terminate this Agreement in the event of a breach of the Agreement by the City upon providing thirty (30) days’ written notice to the City; c. The City may terminate this Agreement at any time at its option, for any reason or no reason at all; or d. The City may terminate this Agreement immediately upon Consultant’s failure to have in force any insurance required by this Agreement. In the event of a termination, the City shall pay Consultant for Services performed to the date of termination and for all costs or other expenses incurred prior to the date of termination. 7. Amendments. No amendments may be made to this Agreement except in a writing signed by both parties. 8. Remedies. In the event of a termination of this Agreement by the City because of a breach by Consultant, the City may complete the Services either by itself or by contract with other persons or entities, or any combination thereof. These remedies provided to the City for breach of this Agreement by Consultant shall not be exclusive. The City shall be entitled to exercise any one or more other legal or equitable remedies available because of Consultant’s breach. 9. Records/Inspection. Pursuant to Minnesota Statutes § 16C.05, subd. 5, Consultant agrees that the books, records, documents, and accounting procedures and practices of Consultant, that are relevant to this Agreement or transaction, are subject to examination by the City and the state auditor or legislative auditor for a minimum of six years. Consultant shall maintain such records for a minimum of six years after final payment. The parties agree that this obligation will survive the completion or termination of this Agreement. 10. Indemnification. To the fullest extent permitted by law, Consultant, and Consultant's successors or assigns, agree to protect, defend, indemnify, save, and hold harmless the City, its officers, officials, agents, volunteers, and employees from any and all claims; lawsuits; causes of actions of any kind, nature, or character; damages; losses; and costs, disbursements, and expenses of defending the same, including but not limited to attorneys’ fees, professional services, and other technical, administrative or professional assistance resulting from or arising out of Consultant’s (or its subcontractors, agents, volunteers, members, invitees, representatives, or employees) performance of the duties required by or arising from this Agreement, or caused in whole or in part by any negligent act or omission or willful misconduct by Consultant, or arising out of Consultant’s failure to obtain or maintain the insurance required by this Agreement. Nothing in this Agreement shall constitute a waiver or limitation of any immunity or limitation of liability to 2 102 which the City is entitled. The parties agree that these indemnification obligations shall survive the completion or termination of this Agreement. 11. Insurance. Consultant shall maintain reasonable insurance coverage throughout this Agreement. Consultant agrees that before any work related to the approved project can be performed, Consultant shall maintain at a minimum: Workers’ Compensation and Employers’ Liability 1. Coverage A: Per State Statute 2. Coverage B: Commercial General Liability 1. $2,000,000 General Aggregate 2. $2,000,000 Products – Completed Operations Aggregate 3. $1,000,000 Each Occurrence 4. $1,000,000 Personal Injury Commercial Automobile Liability 1. $1,000,000 Combined Single Limit Bodily Injury and Property Damage The Commercial Automobile Liability shall provide coverage for the following automobiles: 1. All Owned Automobiles 2. All Non-Owned Automobiles 3. All Hired Automobiles Umbrella Liability 1. $10,000,000 Each Claim $10,000,000 Annual Aggregate 2. The Umbrella Liability provides excess limits for the Commercial GeneralLiability, Employers’ Liability, and Commercial Automobile Liability policies. Professional and Pollution Incident Liability Professional Liability insurance including Pollution Incident Liability coverage with limits of not less than $5,000,000 Per Claim/ $5,000,000 Annual Aggregate. Consultant shall provide the City with a current certificate of insurance including the following language: “The City of Golden Valley is named as an additional insured with respect to the commercial general liability, business automobile liability and umbrella or excess liability, as required by the contract. The umbrella or excess liability policy follows form on all underlying coverages.” Such certificate of liability insurance shall list the City as an additional insured and contain a statement that such policies of insurance shall not be canceled or amended unless 30 days written notice is provided to the City, or 10 days written notice in the case of non-payment. 3 $500,000 Each Accident $500,000 Disease – Policy Limit $500,000 Disease – Each Employee 103 12. Subcontracting. Neither the City nor Consultant shall assign or transfer any rights under or interest (including, but without limitation, moneys that may become due or moneys that are due) in this Agreement without the written consent of the other except to the extent that the effect of this limitation may be restricted by law. Unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under this Agreement. Nothing contained in this paragraph shall prevent Consultant from employing such independent consultants, associates, and subcontractors, as it may deem appropriate to assist it in the performance of the Services required by this Agreement. Any instrument in violation of this provision is null and void. 13. Assignment. Neither the City nor Consultant shall assign this Agreement or any rights under or interest in this Agreement, in whole or in part, without the other party’s prior written consent. Any assignment in violation of this provision is null and void. 14. Independent Contractor. Consultant is an independent contractor. Consultant’s duties shall be performed with the understanding that Consultant has special expertise as to the services which Consultant is to perform and is customarily engaged in the independent performance of the same or similar services for others. Consultant shall provide or contract for all required equipment and personnel. Consultant shall control the manner in which the services are performed; however, the nature of the Services and the results to be achieved shall be specified by the City. The parties agree that this is not a joint venture and the parties are not co-partners. Consultant is not an employee or agent of the City and has no authority to make any binding commitments or obligations on behalf of the City except to the extent expressly provided in this Agreement. All services provided by Consultant pursuant to this Agreement shall be provided by Consultant as an independent contractor and not as an employee of the City for any purpose, including but not limited to: income tax withholding, workers' compensation, unemployment compensation, FICA taxes, liability for torts and eligibility for employee benefits. 15. Compliance with Laws. Consultant shall exercise due professional care to comply with applicable federal, state and local laws, rules, ordinances and regulations in effect as of the date Consultant agrees to provide the Services. Consultant’s guests, invitees, members, officers, officials, agents, employees, volunteers, representatives, and subcontractors shall abide by the City’s policies prohibiting sexual harassment and tobacco, drug, and alcohol use as defined on the City’s Tobacco, Drug, and Alcohol Policy, as well as all other reasonable work rules, safety rules, or policies, and procedures regulating the conduct of persons on City property, at all times while performing duties pursuant to this Agreement. Consultant agrees and understands that a violation of any of these policies, procedures, or rules constitutes a breach of the Agreement and sufficient grounds for immediate termination of the Agreement by the City. 16. Entire Agreement. This Agreement, any attached exhibits, and any addenda signed by the parties shall constitute the entire agreement between the City and Consultant, and supersedes any other written or oral agreements between the City and Consultant. This Agreement may only be modified in a writing signed by the City and Consultant. If there is any conflict between the terms of this Agreement and the referenced or attached items, the terms of this Agreement shall prevail. If there is any conflict between this Agreement and Exhibits A or B, the terms of this Agreement shall prevail. 17. Third Party Rights. The parties to this Agreement do not intend to confer any rights under this Agreement on any third party. 4 104 18. Choice of Law and Venue. This Agreement shall be governed by and construed in accordance with the laws of the state of Minnesota. Any disputes, controversies, or claims arising out of this Agreement shall be heard in the state or federal courts of Hennepin County, Minnesota, and all parties to this Agreement waive any objection to the jurisdiction of these courts, whether based on convenience or otherwise. 19. Conflict of Interest. Consultant shall use reasonable care to avoid conflicts of interest and appearances of impropriety in its representation of the City. In the event of a conflict of interest, Consultant shall advise the City and either secure a waiver of the conflict, or advise the City that it will be unable to provide the requested Services. 20. Work Products and Ownership of Documents. All records, information, materials, and work product, including, but not limited to the completed reports, data collected from or created by the City or the City’s employees or agents, raw market data, survey data, market analysis data, and any other data, work product, or reports prepared or developed in connection with the provision of the Services pursuant to this Agreement shall become the property of the City, but Consultant may retain reproductions of such records, information, materials and work product. Regardless of when such information was provided or created, Consultant agrees that it will not disclose for any purpose any information Consultant has obtained arising out of or related to this Agreement, except as authorized by the City or as required by law. Notwithstanding the foregoing, nothing in this Agreement shall grant or transfer any rights, title or interests in any intellectual property created by Consultant prior to the effective date of this Agreement; however, to the extent Consultant generates reports or recommendations for the City using proprietary processes or formulas, Consultant shall provide the City (1) factual support for such reports and recommendations; (2) a detailed explanation of the method used and data relied upon to arrive at the recommendation; and (3) a detailed explanation of the rationale behind the methodology used. All of the obligations in this paragraph shall survive the completion or termination of this Agreement. 21. Agreement Not Exclusive. The City retains the right to hire other professional service providers for this or other matters, in the City’s sole discretion. 22. Data Practices Act Compliance. Any and all data provided to Consultant, received from Consultant, created, collected, received, stored, used, maintained, or disseminated by Consultant pursuant to this Agreement shall be administered in accordance with, and is subject to the requirements of the Minnesota Government Data Practices Act, Minnesota Statutes, Chapter 13. Consultant agrees to notify the City within three business days if it receives a data request from a third party. This paragraph does not create a duty on the part of Consultant to provide access to public data to the public if the public data are available from the City, except as required by the terms of this Agreement. These obligations shall survive the termination or completion of this Agreement. 23. No Discrimination. Consultant agrees not to discriminate in providing products and services under this Agreement on the basis of race, color, sex, creed, national origin, disability, age, sexual orientation, status with regard to public assistance, or religion. Violation of any part of this provision may lead to immediate termination of this Agreement. Consultant agrees to comply with Americans with Disabilities Act as amended (“ADA”), section 504 of the Rehabilitation Act of 1973, and the Minnesota Human Rights Act, Minnesota Statutes, Chapter 363A. Consultant agrees to hold harmless and indemnify the City from costs, including but not limited to damages, attorneys’ fees and staff time, in any action or proceeding brought alleging a violation of these laws by Consultant or its guests, invitees, members, officers, officials, agents, employees, volunteers, representatives and subcontractors. Upon request, Consultant shall provide 5 105 accommodation to allow individuals with disabilities to participate in all Services under this Agreement. Consultant agrees to utilize its own auxiliary aid or service in order to comply with ADA requirements for effective communication with individuals with disabilities. 24. Authorized Agents. The City’s authorized agent for purposes of administration of this contract is Jeff Oliver, City Engineer, or designee. Consultant’s authorized agent for purposes of administration of this contract is Erin Jordan, Traffic Engineer, or designee who shall perform or supervise the performance of all Services. 25. Notices. Any notices permitted or required by this Agreement shall be deemed given when personally delivered or upon deposit in the United States mail, postage fully prepaid, certified, return receipt requested, addressed to: CONSULTANT THE CITY WSB and Associates Engineering, Inc. City of Golden Valley 701 Xenia Avenue South, Suite 300 ATTN: R.J. Kakach Minneapolis, MN 55416 7800 Golden Valley Road Golden Valley, MN 55437 rkakach@goldenvalleymn.gov or such other contact information as either party may provide to the other by notice given in accordance with this provision. 26. Waiver. No waiver of any provision or of any breach of this Agreement shall constitute a waiver of any other provisions or any other or further breach, and no such waiver shall be effective unless made in writing and signed by an authorized representative of the party to be charged with such a waiver. 27. Headings. The headings contained in this Agreement have been inserted for convenience of reference only and shall in no way define, limit or affect the scope and intent of this Agreement. 28. Payment of Subcontractors. Consultant agrees that it must pay any subcontractor within 10 days of the prime contractor’s receipt of payment from the municipality for undisputed Services provided by the subcontractor. Consultant agrees that it must pay interest of 1-1/2 percent per month or any part of a month to the subcontractor on any undisputed amount not paid on time to the subcontractor. 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 prime contractor shall pay the actual penalty due to the subcontractor. A subcontractor who prevails in a civil action to collect interest penalties from a prime contractor must be awarded its costs and disbursements, including attorneys’ fees, incurred in bringing the action. 29. Publicity. At the City’s request, the City and Consultant shall develop language to use when discussing the Services. Consultant agrees that Consultant shall not release any publicity regarding the Services or the subject matter of this Agreement without prior consent from the City. Consultant shall not use the City’s logo or state that the City endorses its services without the City’s advanced written approval. 30. Severability. In the event that any provision of this Agreement shall be illegal or otherwise unenforceable, such provision shall be severed, and the balance of the Agreement shall continue in full force and effect. 6 106 31. Signatory. Each person executing this Agreement ("Signatory") represents and warrants that they are duly authorized to sign on behalf of their respective organization. In the event Consultant did not authorize the Signatory to sign on its behalf, the Signatory agrees to assume responsibility for the duties and liability of Consultant, described in this Agreement, personally. 32. Counterparts and Electronic Communication. This Agreement may be executed in two or more counterparts, each of which shall be deemed an original, but all of which taken together shall constitute one and the same instrument. This Agreement may be transmitted by electronic mail in portable document format ("pdf") and signatures appearing on electronic mail instruments shall be treated as original signatures. 33. Recitals. The City and Consultant agree that the Recitals are true and correct and are fully incorporated into this Agreement. IN WITNESS WHEREOF, the City and Consultant have caused this Professional Services Agreement to be executed by their duly authorized representatives in duplicate on the respective dates indicated below. WSB AND ASSOCIATES CITY OF GOLDEN VALLEY BY:_____________________________ BY:______________________________ Shepard M. Harris, Mayor ITS; ____________________________ May 2, 2023 MAY 2, 2023 BY:______________________________ Timothy J. Cruikshank, City Manager May 2, 2023 7 107 EXHIBIT A SCOPE OF SERVICES 8 108 109 110 EXHIBIT B 111 112 K:\016121-000\Admin\Contract\Letter proposal - Construction Engineering.docx701 XENIA AVENUE S | SUITE 300 | MINNEAPOLIS, MN | 55416 | 763.541.4800 | WSBENG.COMApril 24, 2023 Mr. Jeff Oliver, PE City Engineer City of Golden Valley 7800 Golden Valley Road Golden Valley, MN 55427 Re: Proposal for Construction Engineering and Public Engagement for TH 55 Pedestrian Tunnel and Roadway Project Dear Mr. Oliver: WSB is pleased to submit this proposal for the construction engineering and public engagement for the project. Below is a summary of our proposed scope. CONSULTANT SERVICES Project Management/Design Services Project Management: Overall management of the project to ensure the project schedule is maintained. Shop Drawing Review: Review shop drawings related to box culvert, signals, storm sewer, watermain and landscaping. ITS Design and Support: Design of MnDOT’s ITS system, not part of original scope completed within the plan. Signal, Box Culvert and Roadway Support: Support for design questions related to the plans and questions that arise from construction. Contract Administration Meetings and Coordination: All necessary meetings as indicated in the fee schedule, including; preconstruction conference, utility meetings and weekly meetings. WSB to provide agenda and meeting minutes. Contract Documentation: WSB will review labor compliance, document review and complete pay vouchers and final documentation that MnDOT may need. Construction Inspection Services WSB will provide Construction Observation and Inspection services through construction of the project and final project closeout. This task will include: Record all construction activities daily, making a complete and accurate record of all events using OneOffice. This would also include any Change Order documenting within OneOffice. 113 Jeff Oliver, PE April 24, 2023 Page 2 K:\016121-000\Admin\Contract\Letter proposal - Construction Engineering.docx Ensure construction practices and materials used on site are compliant with project specifications. Perform daily reviews of construction signing, detour signing, and construction traffic control maintenance. Communicate regularly with the Project Manager, Contractor, County, and involved stakeholders. Perform reviews of temporary and permanent erosion control measures on the project for compliance with applicable permits and specifications. Provide services required under this contract as necessary to accommodate the contractor’s schedule and needs. Exercise the “Authority and Duties of the Inspector” as necessary. Construction Surveying Construction Staking: WSB will stake all necessary horizontal and vertical components of the project. Record Drawings: WSB will complete surveying and final drawings for the City upon project completion, and implement into a CAD drawing and pdf record plan set. Environmental Services WSB will complete weekly site inspections Complete appropriate documentation and inspections after all rain events. Public Engagement Pre-construction communications materials and support Development and confirmation of stakeholder list o Include Meadowbrook, businesses, and Economic Development Council Creation of communications calendar Creation of key messages document o Supply chain and delivery o Art o Trail o Other benefits (improved traffic) Update of project website including map with sections and schedule (links back to City’s project page) – Project URL – (Hwy55Tunnel.com or something similar) o Project Details o Detour Maps o Safety Message o Story Map Page o Email/Hotline – from website o Link to City – Email Distribution List Newsletter entry in Mid-May Social media content development and monitoring o Facebook o NextDoor (coordinate account creation and outreach with Perpich) o Leverage CCX Media interview Outreach to surrounding Cities including Plymouth, Crystal, Robbinsdale, St. Louis Park, and Minneapolis 114 Jeff Oliver, PE April 24, 2023 Page 3 K:\016121-000\Admin\Contract\Letter proposal - Construction Engineering.docx Media outreach including news advisory Two mailings to both affected businesses and community members o Construction brochure o Refrigerator magnets o Postcard reminder Construction signs and sidewalk decals Groundbreaking event at end of May Construction communications materials and support Weekly project updates for distribution to email list Weekly project updates prepared for other City communication needs including Facebook page and NextDoor News releases at various project milestones and as needed Design and graphics support and coordination. Developed materials may include detour maps, photographs of completed work, frequently asked questions, and other graphics or content to proactively inform the community. Comment page for construction issues Regular project coordination across agencies including with MnDOT’s Ricardo Lopez. Business Liaison – Weekly walk-in meetings with businesses and possibly neighborhood groups (West Chester and Economic Development Council) Waze-App support Post-construction summary WSB will develop a summary report of public and stakeholder engagement efforts. The summary report will synthesize comments received and engagements with affected stakeholders and community members. Post-construction survey and collection of responses from affected stakeholders Engage art community Materials Testing WSB will complete all necessary testing as indicated in the Schedule of Materials Controls, including; concrete, bituminous and aggregate base. 115 Jeff Oliver, PE April 24, 2023 Page 4 K:\016121-000\Admin\Contract\Letter proposal - Construction Engineering.docx PROPOSED FEE WSB proposes to complete this project for a cost not to exceed $609,645. The attached detailed scope of work and associated fees are for your review on the next page. If you have any questions about this proposal, please feel free to call me at 612-360-1311. Sincerely, WSB & Associates, Inc. Andrew Plowman, P.E. Project Manager, Director of Transportation Design 116 WSB ESTIMATE OF CONSTRUCTION ENGINEERING AND PUBLIC ENGAGEMENT - TH 55 PEDESTRIAN TUNNEL City of Golden Valley, Minnesota Project Administration Manager Project Design Manager Project Design Engineer Project Manager Construction Project Lead Inspector Asst Project Inspector Environmental Compliance EEO/ Labor Compliance Senior Survey Technician Two Person Survey Crew Signal Specialist Engagement Lead Engagement Support Marketing Specialist Clerical Total WORK TASK Hours Cost Description PROJECT MANAGEMENT/DESIGN SERVICES Project Management 64 12 24 8 108 $17,584.00 Submittal Review/Shop Drawing Review 12 12 16 12 52 $9,204.00 ITS Design and Support 84 84 $13,860.00 Signal Support 20 20 $3,200.00 Structural Support 16 24 4 44 $8,052.00 Roadway Support 8 20 24 4 56 $10,124.00 CONTRACT ADMINISTRATION Pre-Construction Conference 4 4 4 4 3 19 $3,349.00 Private Utility Meetings 8 12 8 8 4 40 $7,204.00 Weekly Meeting (Assume 1 meeting a week for 24 weeks, 1 hour per meeting) 12 4 24 24 64 $9,600.00 Labor Compliance (2.5 hours per week)60 60 $6,420.00 Documentation Review (1 hour a week)24 24 $4,392.00 Contract Administration (2 hour a week)48 48 $8,784.00 Monthly Pay Estimates (7 estimates)10 14 24 $2,968.00 Final Pay Voucher 2 2 $366.00 Final Documentation 20 20 $3,660.00 CONSTRUCTION INSPECTION SERVICES Construction Inspection 1380 400 1780 $266,460.00 Punchlist / Final Inspection 20 20 $3,340.00 Record Plan Measurements 12 12 $2,004.00 CONSTRUCTION SURVEYING SERVICES Construction Survey 390 390 $91,650.00 Office Support 16 16 $2,432.00 Record Plans 24 4 28 $4,588.00 ENVIRONMENTAL Weekly NPDES Inspections (2 hours per week, for 28 weeks)56 56 $6,328.00 On Site Documentation (1 hours per week, for 28 weeks)56 56 $6,328.00 Post Rain Event Inspections (Assume 1 rain event every other week) 28 28 $3,164.00 Public Engagement Preconstruction Engagement 30 60 34 124 $16,068.00 Construction Communications 92 240 54 386 $50,028.00 Post Construction Summary 24 48 4 76 $10,488.00 Total Hours 118 80 160 174 1419 400 140 60 40 394 20 146 372 92 22 3637 $571,645.00 Hourly Costs 154.00 210.00 165.00 183.00 167.00 90.00 113.00 107.00 152.00 235.00 160.00 210.00 105.00 102.00 102.00 WSB SALARY COSTS $18,172.00 $16,800.00 $26,400.00 $31,842.00 $236,973.00 $36,000.00 $15,820.00 $6,420.00 $6,080.00 $92,590.00 $3,200.00 $30,660.00 $39,060.00 $9,384.00 $2,244.00 $571,645.00 Materials Testing $38,000.00 TOTAL CONSTRUCTION SERVICES PROJECT COST $609,645.00 TOTAL PROJECT COST $609,645.00 117 Task Total Estimated Cost Sub-Task LRIP Funds Local City Funds City Funds (JWC) 515,000.00$ Design 515,000.00$ 396,391.00$ Administration/Inspection 313,754.92$ 82,636.08$ 98,670.00$ Surveying 98,670.00$ 76,584.00$ Public Engagement 76,584.00$ 38,000.00$ Materials Testing 38,000.00$ 5,232,091.08$ LRIP Eligible (Bid)5,232,091.08$ 420,119.00$ Pre-Order Materials (Culvert and Signal)420,119.00$ 2,999,883.87$ Force Main 389,984.90$ 115,465.79$ Non-Eligible Roadway 115,465.79$ 529,390.75$ Watermain JWC Resolution No. 21-05* City of Golden Valley Resolution No. 21-84**225,751.53$ 303,639.22$ Right of Way 225,900.00$ PE - LRIP, TE - Local Funds (Resolution 21-84)**225,900.00$ TOTALS 10,647,495.49$ 6,500,000.00$ 1,233,957.30$ 303,639.22$ * See Attached, 2022 - 2031 Capital Improvement Program ** See Attached, 2022-2031 Proposed Street Improvement Capital Improvement Program Design Engineering Construction Engineering Construction City of Golden Valley - TH 55 Underpass and Mini-Roundabout 118 Met Council 2,609,898.97$ 2,609,898.97$ 119 120 EXECUTIVE SUMMARY Administrative Services 763-512-2345 / 763-512-2344 (fax) Golden Valley City Council Meeting May 2, 2023 Agenda Item 3D.1. Approve Resolution No. 23-029 Allocating American Rescue Plan Act (ARPA) Funds for $50,000 to PRISM for Rent and Food Assistance and $60,000 to Help Fund a Portion of Community Connections and Outreach Program Prepared By Sue Virnig, Finance Director Summary The City of Golden Valley has been the recipient of $2,391,751 from the American Rescue Plan Act Funds (ARPA). The following resolution will allow the allocation in 2023: PRISM $ 50,000 General Fund – Community Connections and Outreach $ 60,000 Previous Allocations: PRISM-rent and food assistance (22-001; 22-002) $ 50,000 Brookview Facility (22-024) $207,955 Golden Valley Historical Society (21-105) $ 5,000 Discover St Louis Park (21-105) $ 15,000 Public Safety Technology Infrastructure (22-024) $ 70,000 Equity and Outreach $ 75,000 Brookview Facility (22-024) $149,090 DMV loss of revenue (22-024) $142,906 Future Allocations: Zane-Lindsey Water Improvements $761,800 TH 55 Lift Station $805,000 TOTAL 2,391,751 Financial or Budget Considerations All projects spending over $10,000 in total will need to be approved by Council per federal guidelines. Legal Considerations The allocation follows the City's polices. 121 Equity Considerations The use of funds will help provide funding for programs that help Golden Valley residents. Recommended Action Motion to approve Resolution No. 23-029 Allocating American Rescue Plan Act (ARPA) Funds for $50,000 to PRISM for rent and food assistance and $60,000 to the General Fund for funding a portion of the Community Connections and Outreach program. Supporting Documents Resolution 23-029 Allocating American Rescue Plan ARPA Funds to PRISM 122 RESOLUTION NO. 23-029 RESOLUTION ALLOCATING AMERICAN RESCUE PLAN ACT (ARPA) FUNDS FOR $50,000 TO PRISM FOR RENT AND FOOD ASSISTANCE AND $60,000 TO THE GENERAL FUND FOR FUNDING A PORTION OF THE COMMUNITY CONNECTIONS AND OUTREACH PROGRAM WHEREAS,the City of Golden Valley has been allocated American Rescue Plan Act (ARPA) Monies, and WHEREAS,the transfer of monies to PRISM will help for Rent and Food Assistance, and WHEREAS,the transfer to the General Fund will help fund a portion of the Community Connections and Outreach program. NOW THEREFORE BE IT RESOLVED by the City Council of the City of Golden Valley, Minnesota, that grant funds will be used for those allowed expenditures by the US Treasury. Adopted by the City Council of Golden Valley, Minnesota this 2nd day of May, 2023. ____________________________ Shepard M. Harris, Mayor ATTEST: _______________________________ Theresa Schyma, City Clerk 123 EXECUTIVE SUMMARY Parks & Recreation 763-512-2345 / 763-512-2344 (fax) Golden Valley City Council Meeting May 2, 2023 Agenda Item 3D.2. Approve Resolution No. 23-030 - Acceptance of Donation for a Park Bench to be Located at West Ring Pond From Ilo and Peggy Leppik Prepared By Sheila VanSloun, Parks & Recreation Administrative Assistant Rick Birno, Director of Parks & Recreation Summary As adopted in the Donation/Gift Policy, a gift of real or personal property must be accepted by the City Council by resolution and be approved by a two-thirds majority of the Council. All donations and grants must be acknowledged and accepted by motion with a simple majority. Financial or Budget Considerations N/A Legal Considerations N/A Equity Considerations Providing unbiased programs and services through infrastructure that supports and advances diversity, equity, and inclusion in all Golden Valley parks. Recommended Action Motion to approve Resolution No. 23-030 accepting the donation from Ilo and Peggy Leppik for the addition of a park bench at West Ring Pond to enjoy the beauty of nature. Supporting Documents Resolution No. 23-030 Bench Donation 124 RESOLUTION NO. 23-030 RESOLUTION ACCEPTING THE DONATION OF A PARK BENCH FROM ILO AND PEGGY LEPPIK FOR WEST RING POND WHEREAS,the City Council adopted Resolution 04-20 on March 16, 2004, which established a policy for the receipt of gifts; and WHEREAS,the Resolution states that a gift of real or personal property must be accepted by the City Council by resolution and be approved by a two-thirds majority of the Council. A cash donation must be acknowledged and accepted by motion with a simple majority. NOW, THEREFORE, BE IT RESOLVED that the City Council accept the following donations on behalf of its citizens: $2,600 donation from Ilo and Peggy Leppik for the addition of a park bench at West Ring Pond to enjoy the beauty of nature. Adopted by the City Council of Golden Valley, Minnesota this 2nd day of May, 2023. _____________________________ Shepard M. Harris, Mayor ATTEST: _____________________________ Theresa Schyma, City Clerk 125 EXECUTIVE SUMMARY City Administration 763-512-2345 / 763-512-2344 (fax) Golden Valley City Council Meeting May 2, 2023 Agenda Item 3E. Adopt Resolution No. 23-031 for Approval of City Department Structure Prepared By Kirsten Santelices, Deputy City Manager/Human Resources Director Summary In November 2019 the Council adopted a resolution establishing nine City Departments. The City Manager recommends creating a tenth department for Information Technology to maximize operational efficiencies throughout all City departments. The Information Technology department will be situated within the City Manager’s Office. Financial or Budget Considerations N/A Legal Considerations Amending the departmental structure by resolution is required by Golden Valley City Code Section 2- 98(a). Equity Considerations This item did not require equity review. Recommended Action Motion to adopt Resolution No. 23-031 Approving City Department Structure. Supporting Documents Resolution No. 23-031 City Department Structure 126 RESOLUTION NO. 23 -031 RESOLUTION FOR APPROVAL OF CITY DEPARTMENT STRUCTURE WHEREAS, the Golden Valley City Code Section 2-98(a) states “The City Council shall by resolution establish, amend, and revise the departments of the City, in consultation with the City Manager”; and WHEREAS, on November 19, 2019 the City adopted Resolution No. 19-60 establishing nine City Departments; and WHEREAS, on December 20, 2022 the City adopted Resolution No. 22-119 which replaced and superseded Resolution No. 19-60 to update the name of the Community Development Department; and WHEREAS, it is important for business needs to drive information technology solutions; and WHEREAS, the City Council and City Manager agree that the City will maximize operational efficiencies by adding the Information Technology department within the City Manager’s Office. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Golden Valley that the City’s organizational structure shall be comprised of the following departments: Administrative Services Communications Community Development Fire Human Resources Information Technology Legal Parks & Recreation Police Public Works This resolution replaces and supersedes Resolution No. 22-119. Adopted by the City Council of Golden Valley, Minnesota this 2nd day of May 2023. _____________________________ Shepard M. Harris, Mayor ATTEST: _____________________________ Theresa J. Schyma, City Clerk 127 EXECUTIVE SUMMARY Administrative Services 763-512-2345 / 763-512-2344 (fax) Golden Valley City Council Meeting May 2, 2023 Agenda Item 3F. Receive and File March 2023 Quarterly Financial Reports Prepared By Sue Virnig, Finance Director Summary The quarterly financial report provides a progress report of the following funds: General Fund Operations Conservation/Recycling Fund (Enterprise Fund) Water and Sewer Utility Fund (Enterprise Fund) Brookview Golf Course (Enterprise Fund) Motor Vehicle Licensing (Enterprise Fund) Storm Utility Fund (Enterprise Fund) Equipment Replacement Fund (Capital Projects Fund) Brookview Center (Special Revenue Fund) Human Services Commission (Special Revenue Fund) Building Improvement Fund (Capital Projects Fund) Park Improvement Fund (Capital Projects Fund) Housing Fund (HRA) Financial or Budget Considerations As of March 2023, the City of Golden Valley General Fund has used $3,656,104 of fund balance to balance the General Fund Budget. The report activity is from January 1 through March 31. Legal Considerations N/A Equity Considerations N/A Recommended Action Motion to receive and file the March 2023 Quarterly Financial Reports. Supporting Documents Receipt of March 2023 Revenue Report.xls Recycling 03-22.xlsx 128 HRA Housing Fund 03-22.xlsx Water and sewer 3-22.xlsx Storm utility 3-22.xlsx Brookview center 3-22.xlsx Receipt of March 2023 Expenditure Report.xls Building Improvement Fund 03-22.xlsx Brookview golf course 3-22.xlsx Human services fund 03-22.xlsx Motor Vehicle Licensing Fund 03-22.xlsx Park Improvement Fund 03-22.xlsx Equipment Replacement Fund 03-22.xlsx 129 25.00% Over % 2023 March YTD (Under)of Budget Type Budget Actual Actual Budget Received Ad Valorem Taxes $24,843,020 8,548 8,548 ($24,834,472)0.03%(1) Licenses 231,555 29,950 67,191 ($164,364)29.02% Permits 988,650 125,581 370,386 ($618,264)37.46% Governmental Agencies Aid Federal 60,000 0 0 ($60,000)0.00% Police 18,000 1,319 1,319 ($16,681)7.33% Fire 16,000 0 0 ($16,000)0.00% Charges For Services: General Government 10,815 55 218 ($10,597)2.02% Public Safety 35,700 1,166 15,516 ($20,184)43.46% Public Works 183,625 18,223 38,135 ($145,490)20.77% Park & Rec 210,025 19,805 64,798 ($145,227)30.85% Other Funds 865,000 61,666 185,199 ($679,801)21.41% Fines & Forfeitures 76,640 9,384 16,596 ($60,044)21.65% Interest On Investments 125,000 0 0 ($125,000)0.00%(2) Miscellaneous Revenue 175,180 14,874 44,011 ($131,169)25.12% Transfers In 30,000 2,500 7,500 ($22,500)25.00%(3) TOTAL Revenue $27,869,210 $293,071 $819,417 ($27,049,793)2.94% Notes: (1) Payments are received in July, December, and January (delinquencies). First 1/2 is higher due to some full payments. (2) Investment income allocated at year end. (3)Transfers are monthly. Percentage Of Year Completed City of Golden Valley Quarterly Budget Report - General Fund Revenues March 2023 (unaudited) 130 Over 2023 March YTD (Under)% Budget Actual Actual Budget Current Revenue Hennepin County Recycling Grant 35,000 0 0 (35,000)0.00% Recycling Charges 541,050 45,260 90,655 (450,395)16.76% (2) Organic Charges 541,050 35,762 76,351 (464,699)14.11% Miscellaneous Revenues 13,000 0 0 (13,000)0.00% Interest on Investments 10,000 0 0 (10,000)0.00% (1) Total Revenue 1,140,100 81,022 167,006 (973,094)14.65% Expenses: Recycling 1,179,730 77,212 160,675 (1,019,055)13.62% (3) Total Expenses 1,179,730 77,212 160,675 (1,019,055)13.62% (1) Interest Earnings are allocated at year-end. (2) Includes utility billings thru March 2022. (3) This includes the recycling services thru February 2022. Further information about projects and financing are located in the 2023-2032 CIP and 2023-2023 Budget. City of Golden Valley Quarterly Budget Report - Conservation/Recycling Enterprise Fund March 2023 (unaudited) 131 Over 2023 March YTD (Under)% Budget Actual Actual Budget Current Revenue Property Tax Revenues 241,000 0 0 (241,000)0.00% (1) Total Revenue 241,000 0 0 (241,000)0.00% Expenses: Housing 241,000 14,352 41,321 (199,679)17.15% Total Expenses 241,000 14,352 41,321 (199,679)17.15% (1) Interest Earnings are allocated at year-end and property tax payment (July, Dec, Jan). City of Golden Valley Quarterly Budget Report - HRA Housing Fund March 2023 (unaudited) 132 Over 2023 March YTD (Under)% Budget Actual Actual Budget Current Revenue Water Charges 5,319,375 297,497 895,756 (4,423,619)16.84% Emergency Water Supply 234,675 12,880 33,561 (201,114)14.30% Sewer Charges 4,671,425 407,841 1,056,541 (3,614,884)22.62% Meter Sales 15,000 2,203 1,317 (13,683)8.78% Penalties 150,000 18,105 38,134 (111,866)25.42% Charges for Other Services 0 0 29,882 29,882 #DIV/0! State Water Testing Fee Pass Through 72,045 5,235 17,674 (54,371)24.53% Sale of Assets 20,000 0 0 (20,000)0.00% Franchise Fees 1,500,000 0 0 (1,500,000)0.00% Certificate of Compliance 30,000 5,025 10,800 (19,200)36.00% Micellaneous Revenue 38,000 18,588 1,600 (36,400)4.21% Other Governments 770,000 0 0 (770,000)0.00% Interest Earnings 100,000 0 0 (100,000)0.00% Total Revenue 12,920,520 767,374 2,085,265 (10,835,255)16.14% Expenses: Utility Administration 7,453,770 127,136 179,034 (7,274,736)2.40%(1) Sewer Maintenance 3,671,715 279,181 1,013,470 (2,658,245)27.60% Water Maintenance 5,647,650 436,072 1,372,664 (4,274,986)24.31% Total Expenses 16,773,135 842,389 2,565,168 (14,207,967)15.29% (1) Depreciation is allocated at year-end. Further information about projects and financing are located in the 2023-2032 CIP and 2023-2024 Budget. City of Golden Valley Quarterly Budget Report - Water and Sewer Utility Enterprise Fund March 2023 (unaudited) 133 Over 2023 March YTD (Under)% Budget Actual Actual Budget Current Revenue Interest Earnings 50,000 0 25,299 (24,701)50.60%(1) Henn County Grant-Decola 0 0 0 0 State DNR Grant 300,000 0 0 (300,000) State DEED Grant-Globus 0 0 0 0 Storm Sewer Charges 2,875,000 229,410 629,070 (2,245,930)21.88% Hennepin County 0 0 0 Bassett Creek Watershed 1,450,000 0 0 (1,450,000) Miscellaneous Receipts 230,900 0 0 (230,900) Total Revenue 4,905,900 229,410 654,369 (4,251,531)13.34% Expenses: Storm Utility 5,326,805 100,415 1,035,630 (4,291,175)19.44% Street Cleaning 172,750 14,492 31,928 (140,822)18.48% Environmental Control 593,120 28,662 78,588 (514,532)13.25% Debt Service Payments 180,400 0 153,100 (27,300)0.00%(3) Total Expenses 6,273,075 143,569 1,299,246 (4,973,829)20.71%(4) (1) Interest Earnings are allocated at year-end. (2) Depreciation is allocated at year-end and. (3) Debt service payments and Medicine Lake Rd Improvements will be reimbursed by TIF. (4) Reserves are being used that were planned. Further information about projects and financing are located in the 2023-2032 CIP and 2023-2024 Budget. City of Golden Valley Quarterly Budget Report - Storm Utility Enterprise Fund March 2023 (unaudited) 134 Over 2023 March YTD (Under)% Budget Actual Actual Budget Current Revenue Brookview CC Rentals 221,500 19,288 42,268 (179,232)19.08% Backyard Play Area 241,500 35,137 94,468 (147,032)39.12% Miscellaneous Revenues 0 0 0 0 Interest on Investments 0 0 0 0 (1) Total Revenue 463,000 54,425 136,736 (326,264)29.53% Expenses: General Area Rooms 474,660 34,402 110,984 (363,676)23.38% (2) Indoor Play Area 91,035 4,603 16,930 (74,105)18.60% Total Expenses 565,695 39,005 127,914 (437,781)22.61% (1) Interest Earnings are allocated at year-end. (2) Staff Time/Supplies for Brookview Rental City of Golden Valley Quarterly Budget Report - Brookview Center Special Revenue Fund March 2023 (unaudited) 135 Over % 2023 March YTD (Under)Of Budget Budget Actual Actual Budget Expend. 001 Council $478,805 42,723 85,711 ($393,094)17.90% 003 City Manager 1,493,715 102,034 287,026 (1,206,689)19.22% 004 Transfers Out 3,200,000 0 0 (3,200,000)0.00% (1) 005 Admin. Services 2,700,435 161,617 535,687 (2,164,748)19.84% 006 Legal 482,395 21,119 79,564 (402,831)16.49% 007 Risk Management 370,000 90,927 182,854 (187,146)49.42% 011 General Gov't. Bldgs.872,100 89,454 206,024 (666,076)23.62% 016 Planning 401,220 33,470 95,722 (305,498)23.86% 018 Inspections 917,025 65,444 194,749 (722,276)21.24% 022 Police 7,705,215 386,178 1,137,860 (6,567,355)14.77% 023 Fire 2,184,600 175,571 391,580 (1,793,020)17.92% 035 Community Development 357,855 18,999 38,274 (319,581)10.70% 036 Engineering 707,665 45,536 142,303 (565,362)20.11% 037 Streets 2,808,670 179,860 571,440 (2,237,230)20.35% 066 Park & Rec. Admin.1,016,125 72,381 214,956 (801,169)21.15% 067 Park Maintenance 1,536,370 84,816 258,678 (1,277,692)16.84% 068 Recreation Programs 437,015 10,118 53,093 (383,922)12.15% 099 Contingencies 200,000 0 0 (200,000)0.00% TOTAL Expenditures $27,869,210 $1,580,247 $4,475,521 ($23,393,689)16.06% (1) Transfers will be made in June 2023. City of Golden Valley Quarterly Budget Report - General Fund Expenditures March 2023 (unaudited) Division 136 2023 Building Improvement Fund (CIP) - Fund 5200 2023 March YTD Budget Total Actual Remaining Revenues: Transfer from General Fund 500,000 0 0 (500,000) (1) Interest Earnings (allocated at year end)18,241 0 0 (18,241) Total Revenues 518,241 0 0 (518,241) Expenditures: Project Name Projects outlined in CIP 1,085,000 54,498 121,550 963,450 Total Expenditures 1,085,000 54,498 121,550 963,450 (1) Transfer will be made in June. 137 Over 2023 March YTD (Under)% Budget Actual Actual Budget Current Revenue Green Fees 1,180,000 0 0 (1,180,000)0.00% Driving Range Fees 230,000 0 0 (230,000)0.00% Par 3 Fees 245,000 0 0 (245,000)0.00% Lawn Bowling 75,000 0 0 (75,000)0.00% Pro Shop Sales 90,000 330 393 (89,607)0.44% Pro Shop Rentals 380,000 951 1,695 (378,305)0.45% Restaurant Sales 1,800,000 109,909 267,142 (1,532,858)14.84% Winter Activities 0 2,455 13,827 13,827 Other Revenue 169,000 15,892 35,682 (133,318)21.11% Interest Earnings 15,000 0 0 (15,000)0.00%(1) Total Revenue 4,184,000 129,537 318,739 (3,865,261)7.62% Expenses: Golf Operations 951,495 56,322 138,203 (813,292)14.52%(2) Course Maintenance 1,362,420 150,060 237,510 (1,124,910)17.43% Pro Shop 164,060 23,890 58,114 (105,946)35.42% Grill 1,854,485 91,815 267,027 (1,587,458)14.40% Driving Range 93,300 153 944 (92,356)1.01% Par 3 Course 54,390 58 836 (53,554)1.54% Lawn Bowling 25,515 1,501 7,004 (18,511)27.45% Total Expenses 4,505,665 323,799 709,638 (3,796,027)15.75% (1) Interest Earnings are allocated at year-end. (2) Depreciation is allocated at year-end. Course opened April 13. Further information about projects and financing are located in the 2023-2032 CIP and 2023-24 Budget. City of Golden Valley Quarterly Budget Report - Brookview Golf Course Enterprise Fund March 2022 (unaudited) 138 Over 2023 March YTD (Under)% Budget Actual Actual Budget Current Revenue Pull Tab (10%) Revenues 35,000 4,174 4,559 (30,441)13.03% (3) Fundraisers 11,000 4,360 5,913 (5,087)53.75% (4) Interest on Investments 750 0 0 (750)0.00% (1) Total Revenue 46,750 8,534 10,472 (36,278)22.40% Expenses: Supplies 11,000 0 700 (10,300)6.36% (4) Allocations 60,000 0 60,000 0 100.00% (2) Total Expenses 71,000 0 60,700 (10,300)85.49% (1) Interest Earnings are allocated at year-end. (2) Allocations in 2023 are $60,000. (3) Pull Tab revenues are thru March. (4) Solicitation Letters are $868(net). (4) Run/Walk- April 15, 2023 (net). (4) Golf Tourney/Lawn Bowling -August 14-$(net) Fund Balance at 12/31/21 was $163,070. City of Golden Valley Monthly Budget Report - Human Services Commission March, 2023 (unaudited) 139 Over 2023 March YTD (Under)% Budget Actual Actual Budget Current Revenue Interest Earnings 7,500 0 0 (7,500)0.00% (1) Charges for Services 544,700 35,482 64,678 (480,022)11.87% Total Revenue 552,200 35,482 64,678 (487,522)11.71% Expenses: Motor Vehicle Licensing 578,175 49,997 124,807 (453,368)21.59% Total Expenses 578,175 49,997 124,807 (453,368)21.59% (1) Interest Earnings are allocated at year-end. City of Golden Valley Quarterly Budget Report - Motor Vehicle Licensing Enterprise Fund March 2023 (unaudited) 140 2023 Park Improvement Fund (CIP) - Fund 5600 2023 March YTD Budget Total Actual Remaining Revenues: Transfer from General Fund 400,000 0 0 (400,000) Park Dedication Fee 0 0 0 0 Hennepin County Youth Sports Grant 0 0 0 0 Little League/Youth Associations/Play Eq Grants 0 0 0 0 Other Donations-Benches. etc 0 2,600 7,340 7,340 Interest Earnings (allocated at year end)9,436 0 0 (9,436) Total Revenues 409,436 2,600 7,340 (402,096) Expenditures: Project Name Park Improvements 1,240,000 2,949 3,009 1,236,991 Total Expenditures 1,240,000 2,949 3,009 1,236,991 Further information about projects and financing are located in the 2023-2032. 141 2022 Equipment Replacement Fund (CIP) - Fund 5700 2022 March YTD Budget Total Actual Remaining Revenues: Sale of Assets 50,000 0 147,939 97,939 Truckster/Toolcat Trade-ins 260,000 0 0 (260,000) General Fund Transfer 1,150,000 0 0 (1,150,000) Miscellaneous Receipts 0 0 349 349 Interest Earnings (allocated at year end)30,576 0 0 (30,576) Total Revenues 1,490,576 0 148,288 (1,342,288) Expenditures: Program #Project Number Project Name See CIP All Equipment 1,781,705 118,328 452,771 1,328,934 Total Expenditures 1,781,705 118,328 452,771 1,328,934 (1) Computers are replaced every 4-5 years and purchased throughout the year based on available time. Further information about projects and financing are located in the 2023-2032 CIP and 2022-2023 Budget. 142 Review of Council Calendar Event Event Time Location MAY Tuesday, May 9 HRA Work Session 6:30 PM Hybrid - Council Conference Room Council Work Session 6:30 PM Hybrid - Council Conference Room Wednesday, May 10 Arbor Day Event 10:00 AM SEA School 1751 Kelly Drive Tuesday, May 16 Reception for Outgoing Council Member Sanberg 5:30 PM Council Conference Room Special HRA Meeting 6:30 PM Hybrid - Council Chambers City Council Meeting 6:30 PM Hybrid - Council Chambers Friday, May 19 Special City Council Meeting (Council Member Applicant Interviews)TBD Hybrid - Council Conference Room Saturday, May 20 Run Meadowbrook Run 7:00 AM Brookview Park Thursday, May 25 Golden Valley Business Council Meeting 8:30 AM - 9:30 AM Hybrid Brookview - Valley View Room Monday, May 29 City Offices Closed for Observance of Memorial Day JUNE Tuesday, June 6 City Council Meeting 6:30 PM Hybrid - Council Chambers Saturday, June 10 Golden Valley Pride Festival 12:00 PM - 6:00 PM Brookview Park Tuesday, June 13 Groundbreaking for Highway 55/Douglas Drive Pedestrian Underpass 5:00 PM Perpich School for the Arts, 6125 Olson Memorial Highway Council Work Session 6:30 PM Hybrid - Council Conference Room Sunday, June 18 Market in the Valley - Opening Day 9:00 AM - 1:00 PM City Hall Campus Tuesday, June 20 HRA Meeting 6:30 PM Hybrid - Council Chambers City Council Meeting 6:30 PM Hybrid - Council Chambers Thursday, June 22 Golden Valley Business Council Meeting 8:30 AM - 9:30 AM Hybrid Brookview - Valley View Room Sunday, June 25 Market in the Valley 9:00 AM - 1:00 PM City Hall Campus Sunday, July 2 Market in the Valley 9:00 AM - 1:00 PM City Hall Campus 143