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08-02-23 City Council Agenda August 2, 2023 — 6:30 PM Council Chambers Hybrid Meeting 1.Call to Order 1A.Pledge of Allegiance and Land Acknowledgement 1B.Roll Call 1C.Introduction of Public Safety Community Engagement Partner - Level 719 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 Check Registers 3B.Licenses: 3B.1.Gambling License Exemption and Waiver of Notice Requirement - Church of St. Margaret Mary 3B.2.Gambling License Exemption and Waiver of Notice Requirement - SouthWest Option for Women 3C.Bids, Quotes, and Contracts: 3C.1.Authorize Agreement for DeCola Ponds SEA School-Wildwood Park Restoration Project #23- 14 with RES Great Lakes, LLC 3C.2.Approve Professional Services Agreement with Bolton and Menk for Design and 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 2469 745 9763 and webinar password 1234. 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 2469 745 9763 . Press *3 to raise your hand during public comment sections. City of Golden Valley City Council Regular Meeting August 2, 2023 — 6:30 PM 1 Construction Services on Adair Avenue Watermain Rehabilitation Project No. 23-17 3C.3.Authorize Agreement for DeCola Ponds SEA-Wildwood Outlet Pipe Replacement Project #23-15 with Bituminous Roadways, Inc 3D.Grants and Donations: 3D.1.Adopt Resolution No. 23-067 Accepting a Community Safety Grant from CenterPoint Energy. 3D.2.Adopt Resolution No. 23-068 for Acceptance of Donation from Michelle Christensen and Golden Valley One Good Deed for Four Play Pods to create a new Play Trail at Brookview Park and Lions Park. 4.Public Hearing 4A.Public Hearing and Adoption of Ordinance No. 769 - Revocation of Conditional Use Permit 163 - 1109 Zane Ave N - Shapco Printing, Inc. 4B.Public Hearing and Adoption of Ordinance No. 770 - Approving Conditional Use Permit No. 176 to Allow for the Continued Use of a Boathouse within the Shoreland Overlay District 5.Old Business 6.New Business All Ordinances listed under this heading are eligible for public input. 6A.Second Consideration of Ordinance No. 768 - Updates to Solid Waste Ordinance (Backyard Composting) 6B.Review of Council Calendar 6C.Mayor and Council Communications 1. Other Committee/Meeting updates 7.Adjournment City of Golden Valley City Council Regular Meeting August 2, 2023 — 6:30 PM 2 EXECUTIVE SUMMARY Administrative Services 763-512-2345 / 763-512-2344 (fax) Golden Valley City Council Meeting August 2, 2023 Agenda Item 3A. 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: 07-13-23 Check Register 07-24-23 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. 3 EXECUTIVE SUMMARY City Administration 763-512-2345 / 763-512-2344 (fax) Golden Valley City Council Meeting August 2, 2023 Agenda Item 3B.1. Gambling License Exemption and Waiver of Notice Requirement - Church of St. Margaret Mary Prepared By Theresa Schyma, City Clerk Summary Church of St. Margaret Mary, 2323 Zenith Avenue North, has applied for a Gambling License Exemption to conduct gambling (bingo, pull-tabs, and raffle) for their outdoor Fall Festival event on September 17, 2023. As per State Statute organizations that conduct gambling within the City limits have to submit an application for a lawful gambling permit to the State after the permit has been approved or denied by the City. Depending upon the timing of the permit the applicants may request the City to waive the 30-day waiting period. Legal Considerations This item does not require legal review. Equity Considerations Approving lawful gambling exemptions gives nonprofit organizations the opportunity to create relationships within the community and make connections that can help provide unbiased programs and services to those in need. Recommended Action Motion to receive and file the gambling license exemption and approve the waiver of notice requirement for Church of St. Margaret Mary, 2323 Zenith Avenue North, to conduct gambling (bingo, pull-tabs, and raffle) at their Fall Festival event on September 17, 2023. 4 EXECUTIVE SUMMARY City Administration 763-512-2345 / 763-512-2344 (fax) Golden Valley City Council Meeting August 2, 2023 Agenda Item 3B.2. Gambling License Exemption and Waiver of Notice Requirement - SouthWest Option for Women Prepared By Theresa Schyma, City Clerk Summary SouthWest Option for Women, a nonprofit organization, has applied for a Gambling License Exemption to conduct gambling (raffle) at an event at the Golden Valley Country Club, 7001 Golden Valley Road, on October 14, 2023. As per State Statute organizations that conduct gambling within the City limits have to submit an application for a lawful gambling permit to the State after the permit has been approved or denied by the City. Depending upon the timing of the permit the applicants may request the City to waive the 30-day waiting period. Legal Considerations This item does not require legal review. Equity Considerations Approving lawful gambling exemptions gives nonprofit organizations the opportunity to create relationships within the community and make connections that can help provide unbiased programs and services to those in need. Recommended Action Motion to receive and file the gambling license exemption and approve the waiver of notice requirement for SouthWest Option for Women to conduct gambling (raffle) at an event at the Golden Valley Country Club, 7001 Golden Valley Road, on October 14, 2023. 5 EXECUTIVE SUMMARY Community Development 763-512-2345 / 763-512-2344 (fax) Golden Valley City Council Meeting August 2, 2023 Agenda Item 3C.1. Authorize Agreement for DeCola Ponds SEA School-Wildwood Park Restoration Project #23-14 with RES Great Lakes, LLC Prepared By Drew Chirpich, Water and Natural Resource Specialist Summary The City applied and received funding from the Minnesota Department of Natural Resources (MnDNR) Flood Damage Reduction Grant Assistance Program to help fund the construction of a series of capital projects outlined in the Medicine Lake Road and Winnetka Avenue Area Long Term Flood Mitigation Plan. Building onto the construction of the Liberty Crossing flood storage, the first phase of the grant funded project was the DeCola Ponds B and C Improvement Project funded in part by the 2018 state bonding bill and completed in 2020. The current phase of the grant funded project is the SEA School-Wildwood Park Flood Storage Project. This project was included in the 2020 state bonding bill with an allocation of $1,300,000. The project is also included in the Bassett Creek Watershed Management Commission (BCWMC) capital improvement program and BCWMC is contributing a significant amount of funding for the project. In September 2021, the City Council approved a cooperative agreement with the BCWMC and a professional services agreement with Barr Engineering Co to design and construct the SEA School- Wildwood Park Flood Storage Project. The project includes flood risk reduction, storm water quality treatment, pollinator habitat improvements, and recreation and educational opportunities that will benefit the community. More information can be found on the City's project webpage at https://bit.ly/3FJpv0s. In order to advance the City’s equity goals, complete work in the most efficient and cost-effective manner, and best meet the scheduling needs of the SEA School, the project was separated into three smaller, more specialized contracts: Flood storage at SEA School and Wildwood Park (currently under construction; estimated completion date August 2023) Restoration and vegetation establishment at SEA School and Wildwood Park (consider awarding contract August 2; begin work in mid-August 2023 following construction of flood storage) Flood conveyance (storm sewer outlet pipe replacement) between DeCola Ponds D and E (consider awarding contract August 2; work to begin in September 2023) 6 The restoration contract was advertised for bids in June. Bids were opened virtually on June 20, 2023. The following bids were received for the DeCola Ponds SEA School-Wildwood Park Restoration Project #23-14: Contractor Base Bid Landbridge Ecological Inc $245,429.95 RES, LLC $260,750.70 Hoffman & McNamara CO $303,432.33 The contract was previously awarded to the apparent low responsible bidder, Landbridge Ecological Inc, at the July 5th, 2023 City Council Meeting. However, Landbridge Ecological did not submit documents required as part of the contract within the timeframe specified and therefore, the contract was not executed. Upon conferring with the City Attorney, staff was advised to recommend awarding contract to the second lowest bidder. As such, staff recommends awarding the restoration and vegetation establishment contract to RES, LLC for the base bid amount of $260,750.70. As a requirement of the state grant, this contract requires payment of prevailing wages. Work is expected to begin in August 2023 and be completed in the fall. This contract includes three seasons of vegetation establishment, management, and monitoring to ensure the ongoing success of the native environments. Financial or Budget Considerations The cost estimate for the entire project (flood storage, conveyance, and restoration) is approximately $3,100,000. Based on funding allocated in the 2020 bonding bill, the DNR will provide $1,300,000 and the City and its partners will provide a local match of $1,300,000 plus any remaining funding to complete the project. There are no special assessments to residents. Following is an estimate of the funding sources for the entire project: MnDNR $1,300,000 BCWMC $1,300,000 Hennepin County $ 255,000 City of Golden Valley $ 245,000 Total $3,100,000 As is typical with collaborative projects like this one, project costs will be paid up front by the City and reimbursed by the MnDNR and its local partners on a regular basis, as project milestones are reached. The City’s portion of the project funding is included in the 2022 and 2023 CIP as approved by City Council at its March 7 meeting, as follows: Stormwater SS-69 $110,000 Park Improvement P-002 $ 95,000 Park Improvement P-017 $ 40,000 All costs for this restoration and vegetation establishment phase of the project are eligible for reimbursement by partner agencies. Legal Considerations The City Attorney has not reviewed the agreement; however, the agreement was created using an 7 approved template without changes to the template. Equity Considerations This contract was subject to a public bidding process open to all qualified contractors. Consistent with the City’s Equity Plan pillar, Economic Prosperity For All , the overall flood mitigation project was separated into three smaller contracts, which offers more opportunities to a wider array of contractors. Increasing community resilience by reducing flood risk and damage, improving water quality, and increasing native pollinator habitat is consistent with City's resilience and sustainability plan and helps all people in the community adapt to a changing climate. Recommended Action Motion to authorize the Mayor and City Manager to execute an agreement with RES Great Lakes, LLC in the form approved by the City Attorney for the DeCola Ponds SEA School-Wildwood Park Restoration Project #23-14 in the amount of $260,750.70. Supporting Documents Project Location Map Agreement for SEA School-Wildwood Park Vegetation Restoration Project with RES Great Lakes 8 Ha mpsh ire Po nd DecolaPond A DecolaPonds B & C De colaPondE De colaPond F De colaPond D Golden Meadows Pond Medicine La ke Road Pond Dover HillPondLiberty BasinCanadian Pacific Railroad HampshirePark PennsylvaniaWoods WildwoodPark IsaacsonPark MadisonPond 156 DeCola PondsOutlet Pipe Replacement School ofEngineeringand Arts Duluth St Olympia StKelly DrDeCola PondsSEA School-Wildood ParkFlood Storage Duluth St Olympia StWinnetka Ave NKelly DrMedicine Lake Rd Sumter Ave NQuebec Ave NPennsylvania Ave NRhode Island Ave NSandburg RdNevada Ave NWinnetka Heights Dr 23r d Av e N Winsdale St Sandburg Ln Oregon Ave NMadison Ave W Green Valley Rd Louisiana Ave NArcher Ave N Winsdale St 0 500 1,000250Feet Print Date: 4/18/2023Sources:-Hennepin County Surveyors Office for Property Lines (2023).-City of Golden Valley for all other layers.Location Map 9 FC - 1 CONTRACT NO. 23-14 AGREEMENT FOR SEA SCHOOL-WILDWOOD PARK FLOOD MITIGATION RESTORATION PROJECT THIS AGREEMENT (this "Agreement"), entered into the 2nd day of August 2023 between the City of Golden Valley (the "City"), a municipal corporation, existing under the laws of the State of Minnesota, and RES Great Lakes, LLC, a limited liability 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 SEA School-Wildwood Park Flood Mitigation Restoration Project (23-14) (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. 10 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 $260,750.70, 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 $260,750.70 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 RES Great Lakes LLC, 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. 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 City is unable to adequately fund payment for the Contract because of changes in state fiscal policy, regulations or law; or (3) 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. 11 FC - 3 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 RES, LLC BY Matt Lasch ITS Minnesota Operations Manager 12 SPECIAL CONDITIONS TABLE OF CONTENTS SC-i PAGE 1. GENERAL ............................................................................................................................1 2. PROJECT DESCRIPTION ...................................................................................................1 3. PREVAILING WAGES..........................................................................................................1 4. JOBS REPORTING..............................................................................................................1 5. QUALIFICATIONS OF BIDDER...........................................................................................2 7. STARTING AND COMPLETION TIME ................................................................................2 8. SCHEDULE AND CONSTRUCTION PHASING ..................................................................3 9. SPECIFICATIONS WHICH APPLY......................................................................................4 10. REFERENCE .......................................................................................................................4 11. PRE-CONSTRUCTION CONFERENCE..............................................................................4 12. CONSTRUCTION MEETINGS.............................................................................................5 13. SUPERVISION OF WORK...................................................................................................5 14. EMERGENCY CONTACTS..................................................................................................6 15. RESIDENT PROJECT REPRESENTATIVE ........................................................................6 16. SITE CONDITIONS..............................................................................................................6 17. MAINTENANCE OF EXISTING CITY UTILITIES.................................................................7 18. CONSTRUCTION LAYOUT AND STAKING........................................................................7 19. TRAFFIC AND PEDESTRIAN SAFETY CONTROL MEASURES AND MAINTENANCE ...7 20. EROSION AND SEDIMENTATION CONTROL ...................................................................8 21. QUALITY CONTROL AND QUALITY ASSURANCE TESTING.........................................10 22. PROJECT ACCESS AND STAGING AREA ......................................................................10 23. UTILITY CONFLICTS.........................................................................................................11 24. EASEMENTS AND PERMITS............................................................................................11 25. MEASUREMENT AND PAYMENT.....................................................................................12 26. TREE AND LANDSCAPE PRESERVATION .....................................................................12 27. INVASIVE SPECIES ..........................................................................................................13 28. USE OF CHEMICALS (SPECIAL PROV): .........................................................................13 29. RESPONSIBILITY FOR DAMAGE CLAIMS (1714)...........................................................14 30. MOBILIZATION (2021).......................................................................................................14 31. TEMPORARY EROSION CONTROL REMOVAL (SPECIAL PROV) ................................15 32. WATER USE ON PROJECT (2130)...................................................................................15 33. TWINE GOOSE FENCE (2572): ........................................................................................15 34. SOIL BED PREPARATION FINE GRADING & POWER ROTOTILLING (P) (2574)......16 35. TREES, SHRUBS, AND PERENNIALS, AS SPECIFIED (2571).......................................16 13 SPECIAL CONDITIONS TABLE OF CONTENTS SC-ii 36. PLANT INSTALLATION, ESTABLISHMENT (2571) & MAINTENANCE (2575):...............18 37. TURF ESTABLISHMENT (2575)........................................................................................26 38. HYDRAULIC BONDED FIBER MATRIX WITH NATURAL TACKIFIER (HYDROMULCH)(2575, 3884)...........................................................................................27 39. ROLLED EROSION CONTROL PRODUCTS (2575) ........................................................27 40. ROOT BARRIER (SPECIAL PROV): .................................................................................28 14 SC-1 SPECIAL CONDITIONS CITY OF GOLDEN VALLEY FOR CITY PROJECT NO. 23-14 SEA SCHOOL-WILDWOOD PARK FLOOD MITIGATION RESTORATION BID OPENING: June 20, 2023 10:00 am CDT 1. GENERAL: Instructions to Bidders and General Conditions as embodied in these Contract Documents shall apply except as modified or supplemented in these Special Conditions. 2. PROJECT DESCRIPTION: The contract Work includes the restoration of constructed stormwater basins and flood mitigation areas at SEA School- Wildwood Park in Golden Valley. The Work will include, but is not limited to, the following: site preparation, erosion and sediment control, planting soil preparation, seeding, planting, and plant establishment work at SEA School-Wildwood Park. See the Drawings for more detailed information on the Work. 3. PREVAILING WAGES: This project is made possible in part by a Minnesota Department of Natural Resources Flood Damage Reduction Grant. Contractor shall comply with all of the applicable provision contained in Chapter 177 of the Minnesota Statues, and specifically those provisions contained in Minn. Stat. §§ 177.41 through 177.435, as they may be amended, modified, or replaced from time to time with respect to the Project. Prevailing wage requirements must be met, see Appendix C; However, truck rental rates do not apply is this is not a Minnesota Department of Transportation (MnDOT) project. 4. JOBS REPORTING: The Contractor is hereby advised that this Project is funded in part by state bond funds (MnDNR Flood Damage Reduction Grants) and subject to the reporting requirement of Minnesota Statue § 16A.633, Subdivision 4 (MN Laws of 2012 Chapter 293, Section 28). Pursuant to Minnesota Statue § 16A.633, subd. 4, the City shall collect, maintain and, upon completion of the project provide the information to the State on forms 15 SC-2 provided by the State. The information must include the number and types of jobs created by the project, whether the jobs are new or retained, where the jobs are located, and pay ranges of the jobs. The Contractor shall assist the City in this reporting and provide to the City the jobs data required to fill out the State forms. 5. QUALIFICATIONS OF BIDDER: Bidders are required to submit evidence that they have practical knowledge of the particular work bid upon, and that they have the financial resources to complete the proposed Work. Failure on the part of any Bidder to carry out previous contracts satisfactorily or any bidders lack of experience or equipment necessary for the satisfactory and timely completion of this Project may be deemed sufficient cause for disqualification of said Bidder. Please refer to Instructions to Bidders, Supervision of Work (Section 11 below), and Contractors Questionnaire regarding other Bidder Qualification Requirements. Bidders who will require more than fifty percent (50%) of the Work value to be performed by subcontractors will be deemed unqualified to perform the Work. Bidder must submit subcontractor list with their bid along with their anticipated items of work and value. 6. Bids and corresponding Notice of Award may be held for up to sixty (60) days from date of bid opening. The Contractor shall furnish all required bonds and insurance within ten (10) days of the award of the Contract by the Golden Valley City Council. 7. STARTING AND COMPLETION TIME: Contractor shall furnish all required bonds and insurance within ten (10) days of the award of the Contract by the Golden Valley City Council. Work shall begin within one week following the issuance of the Notice to Proceed. All Work under this Contract must be Substantially Completed no later than October 15, 2023 (the "Contract Time") and be completed and ready for final payment in accordance with Section I, Paragraph 1.J. of the General Conditions on or before October 15, 2026 (the "Contract Time"). Contractor shall prosecute the Work continuously and effectively, with the least possible delay, to the end that all Work is completed within the Contract Time. The City is entitled to damages for failure of the Contractor to complete the Work within the Contract Time. In view of the difficulty in making a precise determination of actual damages incurred, the City will assess a daily charge not as a penalty but as liquidated damages to compensate the City for additional costs incurred. Failure to substantially complete the Work by the Contract Time shall result in the City charging Contractor, and withholding any monies due as liquidated damages, the amount of $1,000 per calendar day until all Work is completed. If Contractor is delayed for any reason in the commencement or performance of the Work, to the extent such delay will prevent the Contractor from completing the Work (or any portion thereof) within the Contract Time, Contractors sole 16 SC-3 remedy for such delay shall be an extension of the Contract Time. All such extension requests shall be made according to the requirements and procedures set forth in Division I, 1806 (Determination and Extension of Contract Time) and 1403 (Notification for Contract Revisions) of the MnDOT shall apply, except as modified or supplemented in these Special Conditions. Without limiting the foregoing, if a conflict arises with existing private utilities during the commencement or performance of the Work, Contractor shall proceed to work in areas without such conflict until the conflicts are resolved. It is the express understanding of the parties with regard to all Work that Contractor will undertake its performance in a manner to avoid or minimize any delays that may result from private utility conflicts or any other possible causes of delay. 8. SCHEDULE AND CONSTRUCTION PHASING: Contractor shall schedule its work to minimize inconvenience to residents, park (pickleball) users (maintaining access for pickleball), and SEA School operations (including bus operations and traffic cuing for drop-off/pick-up) while school is in session (Beginning September 5, 2023). Civil, earthwork, and utility work construction is underway under a separate contract with Rachel Contracting (City Project Number 20-27) and substantial completion will be on or before September 1, 2023. The Contractor shall coordinate work with the civil contractor as necessary with regards to site access. Contractor shall schedule its work to meet the following requirements: Start Date: Construction will start no earlier than August 20, 2023 in coordination with Rachel Contracting. Actual start date shall be weather dependent. Work shall not start if Engineer/Landscape Architect determines that soil conditions are too wet, or pond levels are too high. If approved by Owner and Engineer, construction may start earlier if stormwater improvement features (by others) are completed ahead of schedule (City Project Number 20-27). Substantial completion of work, including soil prep, root barrier, seeding, planting of shrubs, trees, and plugs, installation of erosion control blanket and hydromulch, and installation of fencing, must be done by October 15, 2023. Removal of erosion control (silt fence, sediment logs, inlet protection, and tree protection fencing can be removed once more than 70% vegetation coverage is established. Final completion of all work, including 3-year vegetation maintenance and vegetation warranty work must be done by October 15, 2026. Working hours for this project shall be limited to 7:00 a.m. to 7:00 p.m., Monday through Friday, except as otherwise stated in the Contract Documents, unless approved in writing by the City Engineer. Contractor shall schedule its work to comply with this requirement. Contractor shall perform some Work at times other than those indicated if the Engineer deems it is in the best interest of the City and the property 17 SC-4 owners affected. No claims for extra compensation will be considered for complying with this requirement. Timely completion of the Project is of the essence. Only in the event that rainfall, snowfall, and/or subzero temperatures exceed normal values during the time specified in this Contract to complete the Work, the Engineer may, at the Engineers discretion, allow extensions due to weather conditions. To be eligible, Contractor shall provide the Engineer for approval, on a weekly basis at scheduled construction meetings, documentation of any lost work day credits they believe meet MnDOT Specification 1103 criteria. Failure to submit such documentation as required shall be considered just cause to deny claims for lost work days or extensions of completion date. 9. SPECIFICATIONS WHICH APPLY: The Specifications which apply to the Work shown in the Drawings shall be as follows: A. These Special Conditions. B. Division II (Construction Details) and Division III (Materials) of the MnDOT Specification shall apply, except as modified or supplemented herein. 10. REFERENCE: All references in the Specifications and Special Conditions to MnDOT Specification are intended to mean the Minnesota Department of Transportations Standard Specifications for Construction, 2020 Edition, and its supplements. All reference therein to the State, the Department, the Department of Transportation of the State of Minnesota and the Commissioner shall be read as reference to the City. 11. PRE-CONSTRUCTION CONFERENCE: Prior to the beginning of construction operations, a pre-construction conference shall be held, and shall be attended by the authorized representatives of the City, the Engineer/Landscape Architect in charge of the Project, utility companies and persons of the contracting firm or firms who will have direct responsibility for workmanship and/or materials used on the Project. The conference will disclose all aspects for execution and schedule of the Work. Agreement on any and all questionable measurements, materials, methods or other matters shall be made at this conference. Contractor shall submit the following at the preconstruction conference: Critical path phasing plan and schedule, which details all controlling operations. This shall be submitted a minimum of one (1) week before the pre-construction conference. General project contact information including emergency contacts Subcontractor list (discussed under Section 3 of these Special Conditions) Material supplier list Traffic/Pedestrian Control plan 18 SC-5 12. CONSTRUCTION MEETINGS: Contractor shall be required to attend weekly construction meetings scheduled for 10:00 a.m. on Wednesdays at Golden Valley City Hall. Contractor must submit the following at each meeting: A two-week Critical Path schedule of work bar graph/Gantt chart showing the two-week work plan The overall project schedule Erosion Control Inspection Forms (see Erosion & Sedimentation Control Section in these Specifications) Written documentation of performed street sweeping (see Erosion & Sedimentation Control Section in these Specifications) A written request for any extra work The Project Schedule information will be included in a newsletter distributed to residents in the Project area updating them of the progress and expected construction sequencing. Failure to submit an approved, detailed Critical Path Schedule as required shall result in the City withholding any monies due. In the event delays are experienced on the Project due to weather or conflicts with private utility company facilities, Contractors schedule must detail extra efforts to put the construction back on schedule. 13. SUPERVISION OF WORK: Contractor shall provide a competent, reliable Superintendent to be present at all times when Work is in progress in accordance with Section 1506 of the MNDOT Standard Specifications for Construction and as modified herein. The Superintendent must be the full-time person identified in the Contractor Questionnaire with the Proposal Form, and shall act as Contractors representative and supervise all of Contractors and subcontractors forces through all phases of operations of the Work. Contractor shall not replace the Superintendent without written authorization by the Engineer. The Contractor shall perform all work under the direct control of an installation supervisor conforming to the following minimum qualifications: present full-time during all installation and maintenance procedures, five years of plantings supervision experience in landscape installation and maintenance supervision, with experience or training in native plant community landscape management, entomology, pest control, soils, fertilizers and plant identification Bachelors degree in Natural Resources Management or related discipline extensive plant knowledge The Superintendent shall not change with phases of the Work nor shall a subcontractors superintendent act as the Contractors Superintendent. Additionally, the Superintendent shall not be a working foreman of the Contractor or subcontractor. 19 SC-6 The Superintendent shall have the authority to represent the Contractor in all issues that may arise during execution of the Work, and to obtain all the equipment and manpower needed to perform the Work as outlined in the Drawings and as directed by the Engineer. All orders from the Engineer shall be directed to the Contractor through the Superintendent. 14. EMERGENCY CONTACTS: Contractor shall provide the City, at or before the pre-construction conference, with a list of emergency contacts. This list shall include a telephone number to contact the Project superintendent 24-hours a day until all of the Work is completed, as well as additional 24-hour emergency contacts for all subcontractors. 15. RESIDENT PROJECT REPRESENTATIVE: The Engineer shall designate a resident project representative for this project. The representative shall have the same authority as that specified for the Inspector in MnDOT Specification 1510 and the General Conditions of these Specifications. The Contractor must direct all requests for extra compensation, or changes in scope or character of the Work through the representative to the Engineer/Landscape Architect. Failure to direct such initial requests may be cause for rejection of the request. In order to ensure all communication to residents on this project is uniform and complete, Contractor shall direct all communication to the City. Contractor shall, however, be responsible for disseminating daily construction notices, or other communication as directed by the Engineer/Landscape Architect, to the residents on a daily basis indicating construction operations and access conflicts. Failure to disseminate such information, as directed by the Engineer/Landscape Architect, shall be cause for the City to withhold all compensation due. 16. SITE CONDITIONS: Contractor shall be required to keep the Project site in a clean, orderly condition at all times. Littering of cans, bottles or other garbage/debris will not be tolerated. Contractor shall submit a plan to the Engineer/Landscape Architect for approval, for debris and waste disposal within the Project area. It shall include, but not be limited to, providing a dumpster for debris and waste materials. The Contractor shall perform street and trail sweeping to remove accumulated sediment resulting from restoration work, as requested by the Engineer/Landscape Architect. The Contractor shall provide a portable restroom onsite during the work. No removal items, spoil or aggregate piles will be allowed within rights-of-way overnight except by express, written consent of the Engineer. In the event piles are left in the rights-of-way at the end of the day, the City may, at its discretion and without prior notification to Contractor, remove all piles with its own or contracted forces. All costs associated with such removal shall be billed to Contractor or withheld from monies due. 20 SC-7 The Contractor must use every reasonable precaution to prevent damage to existing conditions such as structures, utilities, plant materials and walks on or adjacent to the site of the work. Any damage caused by the Contractor shall be repaired at the Contractors expense. The Contractor must provide barricades, fences or other barriers as necessary to protect existing conditions from damage during installation operations. The Contractor shall not store materials or equipment or operate or park equipment under the branches of existing trees and shrubs. The Contractor shall submit to Owner written notification of any damaged plants and/or structures. The Contractor shall provide and use smaller equipment, rubber-tired dozers, front-end loaders, and other necessary equipment and means, such as wood chips and earth berms, to protect pavements, curb, trails, and walks in such locations as the Engineer/Landscape Architect may direct. No compensation will be allowed the Contractor for replacement of damaged pavements. 17. MAINTENANCE OF EXISTING CITY UTILITIES: The City has cleaned and televised all sanitary sewer lines and storm sewer lines prior to construction. Contractor shall be responsible for keeping all utilities clean during construction including but not limited to gate valve stacks, utility lines, and manholes. In the event debris is found during the post-construction televising of sewers, the City may, at its discretion, clean all remaining sewers to be televised with its own or contracted forces. All costs associated with such cleaning shall be billed to Contractor or withheld from monies due. 18. CONSTRUCTION LAYOUT AND STAKING: All construction staking of tree and shrub locations shall be performed by the Contractor for Engineer/Landscape Architect review and approval prior to installation, which shall be incidental to the tree and shrub unit costs. 19. TRAFFIC AND PEDESTRIAN SAFETY CONTROL MEASURES AND MAINTENANCE: Contractor shall maintain vehicle and pedestrian traffic at all times during construction in accordance with the current Minnesota Manual of Uniform Traffic Control Devices (MMUTCD) and its supplements, and as it may be deemed necessary by the Engineer. Contractor shall submit a temporary traffic and pedestrian control plan two weeks prior to construction. In the event that the City must install additional signs for traffic control for safety purposes, the cost for such measures shall be billed to Contractor or withheld from monies due. In order to facilitate project safety, Contractor shall position and schedule deliveries of all materials to be incorporated into the Work, to minimize conflict with traffic flow. Failure to cooperate with the Engineer in this respect shall authorize the Engineer to have such materials removed from the Project by any means available until their use is imminent. The costs associated with such removal and return to the Project site shall be borne by Contractor with no additional compensation. 21 SC-8 Contractor shall be required to schedule his daily work to ensure that all excavations are filled in completely; adequate drainage is provided to prevent any water from standing on the Project site; and an adequate driving surface with Class 5 or salvaged bituminous millings is provided at the completion of work each day. Contractor shall also schedule equipment and its work so no removal items, spoil or aggregate piles are left within the rights-of-way overnight except by express, written consent of the Engineer. It shall also be Contractors responsibility to handle all such salvaged material in a way to prevent segregation and/or contamination of all salvaged materials. Throughout construction, Contractor shall provide safe and adequate access at all times for residents, property owners and emergency vehicles. Access shall include the maintaining of ingress and egress of private driveways throughout construction Throughout the duration of construction, Contractor shall coordinate with the City a minimum of at least twenty-four (24) hours in advance, any inconveniences to property owners. The City will provide Contractor with printed door hangers that shall be placed in residents doors by Contractor no later than 5:00 p.m. the day before work is to begin. Contractor is responsible for notifying property owners of any limited access at least twenty-four (24) hours in advance. Payment for Traffic and Pedestrian Safety Control Measures, including but not limited to temporary barricades, signage, and fencing, will be incidental, all complete as specified. 20. EROSION AND SEDIMENTATION CONTROL: Contractor shall utilize temporary erosion control left in place from City Project 20-27 and provide additional temporary erosion control, if needed, or if existing controls are damaged, in accordance with the provisions of MnDOT Section 2573, the Bassett Creek Water Management Commission, Minnesota Department of Natural Resources, Minnesota Pollution Control Agency and the Engineer. In accordance with the Specifications, Contractor shall provide the Engineer with the name and 24-hour contact information of the Erosion Control Supervisor at the pre-construction conference. The unit price bid to provide an Erosion Control Supervisor for this project shall be considered compensation in full for the person to perform all duties in accordance with MnDOT Specification 2573. Compensation shall be considered incidental to the Mobilization bid item, with no direct payment for each duty or for the number of hours worked. A.Street Sweeping: Contractor will be required to provide proof of ability to perform the street cleaning at the pre-construction conference. This proof may include demonstration of the ability to use their own equipment and forces, or an executed contract with a subcontractor. 22 SC-9 All sweeping shall be done between 7:00 a.m. and 7:00 p.m. each workday, or more often as directed by the Engineer/Landscape Architect. Performing street sweeping shall be considered incidental and shall include sweeping all areas, on a minimum of a weekly basis and prior to precipitation events, deemed necessary by the Engineer/Landscape Architect to prevent sediment from entering any water body or storm sewer. Contractor shall furnish a pick-up sweeper, which actively controls dust and all trucks or other equipment the Engineer/Landscape Architect deems necessary to remove all sediment. Any additional street sweeping directed by the Engineer/Landscape Architect must be performed within four (4) hours of the Engineers order. Failure to perform ordered street sweeping within this four-hour period would result in the sweeping being performed by the City of Golden Valley staff (minimum charge of $400 per hour with a 2-hour minimum) or by a contractor hired by the City. Any and all costs incurred by the City to perform street sweeping which is Contractors responsibility will be deducted from the monies due to Contractor. B.Maintain Existing Erosion Control Methods: Contractor shall maintain erosion control previously installed by Civil Contractor. Erosion Control methods shall be maintained until 70% vegetation coverage or as directed by the Engineer. C.Storm Drain Inlet Protection: Contractor shall utilize Wimco Inlet Protection devices, or approved equal, installed during City Project 20-27 throughout restoration. If inlet protection is damaged by restoration activities, Contractor will need to replace damaged inlet protection devices on all inlets where inlet protection is designated. No compensation will be made for Inlet Protection damaged from restoration activities and requiring replacement. D.Silt Fence: Contractor shall utilize machine sliced silt fence installed during City Project 20-27 and maintain as shown on the Drawings, or as directed by the Engineer/Landscape Architect. Maintenance is to include repair of any torn or damaged silt fence immediately following discovery of the problem. Accumulated silt is to be removed when deposits reach approximately one-third the height of the silt fence, or more often as directed by the Engineer. No compensation will be made for silt fence damaged from restoration activities and requiring replacement. Silt fence maintenance shall be considered incidental to the Mobilization bid item. E.Inspection of Erosion Control Measures: The Erosion Control Supervisor will be required to inspect all erosion and sediment control measures on a daily basis and complete an inspection form to be provided by the City. These forms are then to be submitted to the Engineer at the weekly construction meetings. This shall be considered incidental to the Mobilization bid item. 23 SC-10 21. QUALITY CONTROL AND QUALITY ASSURANCE TESTING: Contractor shall be responsible for quality control testing in accordance with the current Schedule for Material Testing found on the MnDOT website http://www.dot.state.mn.us/materials/lab.html., as amended in these Specifications. All costs for such testing shall be included in the unit prices for the items to be tested. All testing must be done by a laboratory experienced with the testing procedures required by MnDOT and approved by the Engineer. Certification of such experience shall be submitted to the Engineer at the pre-construction conference. Contractor shall also cooperate with the Engineer/Landscape Architect in collecting companion samples in accordance with MnDOT Specifications to verify Contractors test results. Collecting companion samples shall be considered incidental for which no direct compensation shall be made. The City will be responsible for testing such samples provided by Contractor at its cost. The Engineer shall contact Contractor so he may be represented during sampling, and assist as necessary. 22. PROJECT ACCESS AND STAGING AREA: Construction traffic access to the Project areas shall be limited to federal, state and county highways and City streets as approved by the Engineer/Landscape Architect, or as otherwise noted in the Drawings. The use of other non-designated routes shall be cause for ticketing. This requirement shall not waive Contractors obligation to comply with existing statutes, local ordinances, or any other existing laws; nor shall it waive the governing authority from assigning penalty for violating such statutes, ordinances or laws. Construction staging area may occur only within the construction limits and within tree protection fencing and erosion control boundary as shown on the Drawings. The location for accessing the site is limited to the location shown on the Drawings, and described below, unless approved otherwise by the Engineer/Landscape Architect: For the SEA School-Wildwood Park site, all hauling and access to the SEA School-Wildwood Park site will enter and exit via Duluth Street via Winnetka Ave N, as noted in the drawings. This is the only permitted access route to and from the Project Site and can be used throughout the duration of the Project. Construction traffic shall not use other residential streets surrounding the school and park area for access. All costs related to staging and site access shall be the responsibility of the Contractor for which there shall be no direct compensation. 24 SC-11 No extra compensation will be allowed for extra construction costs due to these restrictions. 23. UTILITY CONFLICTS: In order to minimize inconvenience to adjacent property owners and expedite the Project, Contractor shall be expected to coordinate its efforts with the private utility companies so the Work can be done in a timely manner. Contractor shall schedule or redirect its Work to ensure that utility company relocates, installations and/or removals do not impede progress of the Project. Contractor shall also coordinate all unanticipated utility relocations or adjustments determined to be necessary to complete the Work. The City will be responsible for costs incurred by the utility companies for unanticipated relocations and adjustments only in cases where prior, written authorization to perform the utility work is provided by the Engineer. Contractor waives claims for any and all costs or damages due to alleged delay, disruption or acceleration, and releases the City from any such claims, to the extent the claim is due to the failure of any private utility with facilities affected by the Project to promptly relocate, remove, or adjust such facilities. Utility conflicts are not anticipated for this project; however, if there is an unforeseen conflict the utility company contacts for this Project are: AT&T - Jerry Streeter ................................................................(612.248.8674) CenterPoint Energy Amir Fazlovic .........................................(612.321.5086) Lumen, Inc. Rand Olson .........................................................(612.861.8702) Comcast McClay Lyford .........................................................(651.925.6372) MCI Communications (Verizon) Greg Allen ............................(612.619.9602) Xcel Energy - Dave Fitch ..........................................................(612.630.4127) Zayo Group - Steve Senger ......................................................(612.210.8037) Sprint - Dan Hillard ....................................................................(612.217.3526) Arvig/Trust - Aaron Zierden........................................................(218.347.3626) Rogers Communications Scott Carnie....................................(416.561.8201) No claims for extra compensation to perform the Work in accordance with the Drawings that are due to conflicts with in-place utilities shall be considered. Likewise, no claim for delays due to conflicts with in-place utilities shall be considered. 24. EASEMENTS AND PERMITS: No Easements are anticipated for this Project. The City has obtained all required permits and permissions for this project with the exception of the following, which shall be the responsibility of the Contractor: A. Contractor shall obtain a City of Golden Valley Storm Water Management Permit and a Right-of-Way Permit from the City. Contractor shall comply with all terms and requirements of the permits. No additional permit fees or securities will be required to obtain these permits over the Contract Performance and Payment Bonds required in Section VI, Item 18 Requirements of Contract Bond of the General Conditions of this Contract. 25 SC-12 B. The construction activities, methods and procedures used on this Project shall comply with and be done in accordance with the General Permit Authorization to Discharge Storm Water Associated with a Construction Activity under the National Pollutant Discharge Elimination System/State Disposal System Permit Program. Therefore, prior to beginning the Work, the City and Contractor as a co-permittee will transfer the existing NDPES construction stormwater permit from the Minnesota Pollution Control Agency (MPCA) from Rachel Contracting and the city to the restoration contractor. C. If a spill of any potential pollutant or hazardous waste occurs, immediately notify the City and the National Response Center at 1-800-424-8802 or www.nrc.uscg.mil and the Minnesota State Duty Officer at 1-800-422-0798. 25. MEASUREMENT AND PAYMENT: Payment for all items shall be by the unit price bid. Items on the Proposal Form have been listed in a logical order. However, items from any section may be used for like work on any part of this project, not only the section they are listed under. No claims for additional compensation for use of an item for work under a different section will be considered. Measurement for all items not specifically described in these Specifications shall be done in accordance with MnDOT Standard Specifications. Contractor shall submit all final quantities to the City within one month. Should Contractors final quantities not be submitted within the required time, it shall be understood that the Citys Quantities for the Work are accepted by Contractor. Unclassified work authorized by the Engineer, will be paid for on a force account basis according to Section VIII, Item 8 of the General Conditions. 26. TREE AND LANDSCAPE PRESERVATION: Significant care must be taken to protect existing trees and shrubbery that the Engineer/Landscape Architect feels may be impacted by the construction. Contractor shall meet with the City Forester (763-593-3976) on-site to review procedures for successful protection of trees throughout the construction process. Special care must be taken when in close proximity to any such vegetation to prevent unnecessary cutting, breaking, or shredding of roots; wounding or scraping of trunks; smothering of root systems by stockpiling of construction materials or excavated materials within their drip lines; excess foot or vehicular traffic; or parking of vehicles within their drip lines. Contractor shall exercise due caution to protect existing tree branches. All branches that have been damaged by Contractor shall be properly trimmed in accordance with National Arboriculture Standards by the end of the workday. The cost to trim branches shall be incidental for which there shall be no direct compensation. Contractor shall also notify the Engineer/Landscape Architect immediately of any damaged branches. 26 SC-13 When excavating near trees, Contractor shall cut cleanly back to the soil line, all exposed, shredded or torn roots greater than 1-‰ in diameter, with proper pruning equipment. The cost to cut roots shall be incidental for which there shall be no direct compensation. When excavating or sloping within fifteen (15) feet of any tree, Contractor shall coordinate all such efforts with the Assistant City Forester. Standard excavation procedures may need to be modified for large trees that have their trunks closer than five (5) feet from the excavation or sloping limits. Contractor shall be required to provide protection to all exposed oak tree roots that are cut prior to July 1. Contractor shall have on-site an approved wound dressing to be applied to freshly cut root ends immediately (within 10 minutes) after excavation to prevent oak wilt infection. Wound dressing will not be permitted for any other situation other than oaks damaged by construction before July 1. Contractor shall coordinate all such work with the City Forester. The cost to dress wounds to oak tree roots shall be incidental for which there shall be no direct compensation. 27. INVASIVE SPECIES: The Contractor shall take active steps to prevent or limit the introduction, establishment, and spread of invasive species during contracted work as required by the DNR. The Contractor shall take measures to prevent invasive species from entering into or spreading within the Project site or off the Project site by cleaning equipment prior to arriving and prior to leaving the Project site. If the Contractors equipment, vehicles, gear, or clothing arrives at the project site with soil, aggregate material, mulch, vegetation (including seeds) or animals, it shall be thoroughly cleaned by the Contractor at the staging area. The Contractor shall dispose of material cleaned from equipment and clothing off site. The Contractor shall secure the material prior to transport (sealed container, covered truck, or wrap with tarp) and legally dispose of offsite. Invasive species are present at the site and include buckthorn and other common invasive species. Contractor shall clean all equipment leaving the site in the same manner it was cleaned when it arrived on site. The cost to clean equipment to limit the introduction, establishment, and spread of invasive species shall be incidental for which there shall be no direct compensation. 28. USE OF CHEMICALS (SPECIAL PROV): It is the Citys policy to reduce the use of chemicals that have the potential to harm or impact natural resources and human health. Alternatives to chemicals such as manual removal methods shall be given priority. If it is deemed necessary to use chemical, the Contractor must take all necessary precautions and measures to protect the environment and human health and safety while working. Contractor shall adhere to the following guidelines whenever using chemicals at the site: A. Contractor shall follow all label instructions for herbicides. 27 SC-14 B. All chemicals shall be approved in writing by the Engineer prior to application. C. Applicators must be certified pesticide applicators and be trained in the proper techniques for handling and applying the chemicals used. For areas near water resources, Contractor must use chemicals that are approved for the use near water and meet all state and federal regulations. D. In order to minimize any potentially negative impacts, Contractor shall use the minimum effective rate of the chemicals. E. Contractor shall consider weather conditions before applying chemicals to a site, and will avoid use of chemicals if application will occur too close to a rain event. 29. RESPONSIBILITY FOR DAMAGE CLAIMS (1714): The provisions of MnDOT Specification 1714 are supplemented as follows: Contractor must have the City of Golden Valley, Bassett Creek Watershed Management Organization, and Barr Engineering Company named as additional insureds on any insurance coverage Contractor is required to provide. 30. MOBILIZATION (2021): The lump sum (LS) for mobilization is to include all aspects of work in accordance with MnDOT Specification 2021, including but not limited to: the Contractors premium for any special insurance obtained for this project; furnishing, installing and maintaining the Contractor’s facilities; providing work area security; development, implementation, and maintenance of project health and safety plan, detailed schedule, furnish, installing, and maintaining all traffic control and project signage, providing all electrical, water, and telephone services required or needed by the Contractor to perform the work; equipment mobilization and demobilization; installing additional temporary erosion control as needed; street sweeping; site cleanup during and upon completion of the work; preparing and transmitting the required submittals; obtaining all permits; identifying and locating utilities as necessary for the Work; coordinating with private and public utilities for relocations required by the work; and all incidentals and other items not specifically paid for but included in the total scope of the Work. The replacement and/or restoration of damaged property shall be considered incidental to the Mobilization bid item and shall not incur any additional payments from the Owner. Damaged property must be restored at the direction of the Engineer/Landscape Architect, based on specific property requirements. The Contractor must notify the property owner of all damage to their property, as well as a plan to fix said damage, within twenty-four (24) hours of damage. 28 SC-15 The cost for this item must be included into the Bid Item for Mobilization. Payment for Mobilization shall be Lump Sum. The Mobilization bid item covers all mobilizations required to complete the project, apart from mobilizations that are required due to circumstances outside of the Contractors control. TEMPORARY EROSION CONTROL REMOVAL (SPECIAL PROV): The Contractor shall remove and dispose all existing erosion control blanket prior to seed bed preparation, including fine grading and power rototilling. Payment for Temporary Erosion Control Blanket Removal shall be Lump Sum, all complete as specified. Contractor is to remove and dispose of all temporary erosion control features following 70% vegetation cover as determined by Engineer/Landscape, which includes but may not be limited to silt fence, sediment log, and inlet protection. 31. WATER USE ON PROJECT (2130): Project related water use for compaction, and dust control shall be considered incidental. Should the Engineer deem that additional water must be used on the Project; Contractor shall provide the water within two (2) hours of notification by the Engineer. Contractor will not be charged for any project related water use. However, to receive permission to take water from hydrants Contractor shall be required to obtain a meter from the City Utilities Maintenance Department (763.593.3962). The meter requires a one thousand seven hundred fifty dollar ($1,750.00) deposit, which will be refunded when Contractor returns the meter in good condition. 32. TWINE GOOSE FENCE (2572): The Contractor shall furnish and install twine goose fence to delineate project areas as shown on the Plans and to protect from pedestrian and goose access. See Plans for twine goose fence material requirements. The Contractor shall install fencing in locations called out on the Plans OR directed by the Engineer/Landscape Architect. The Contractor shall protect the trees and vegetation designated to remain by placing temporary fence, if fencing not already in place from Rachel Contracting. The Contractor is responsible for maintaining and reinstalling any fence that may become damaged or removed, at no additional cost to the Owner. The Contractor will be responsible for removing the fence after one year or at a time specified by the Engineer/Landscape Architect (whichever comes first). The Contractor shall repair any damage to the ground caused by installation, removal, or other activities related to the fence, at no additional cost to the owner. 29 SC-16 Twine Goose Fence will be measured and paid for by the Linear Foot (LF), as measured in the field. The item shall include all equipment, materials, and labor to furnish and install Twine Goose Fence as shown in plans or as directed by the Engineer/Landscape Architect. 33. SOIL BED PREPARATION FINE GRADING & POWER ROTOTILLING (P) (2574): Prepare seeding areas, planting holes and planting beds in accordance with MnDOT standard Specifications 2571 and 2574. Project related soil bed preparation will include finish grading and power rototilling as indicated on the Plans in accordance with the provisions of Mn/DOT Standard Specification 2571 and 2574 are hereby supplemented and/or amended by the following. With the use of chemicals, it is the Citys policy to reduce the use of chemical that harm or potentially impact natural resources and human health. See Use of Chemicals section above. Measurement and payment for Soil Bed Preparation Fine Grading and Power Rototilling will be measured and paid for on a per Acre, based on the plan quantity. The item shall include all equipment, materials, and labor all complete in accordance with the plan and as specified. Payment shall be compensation for all materials, labor, and equipment necessary to complete the work as required by the plans or required by the Engineer/Landscape Architect. 34. TREES, SHRUBS, and PERENNIALS, AS SPECIFIED (2571): The Contractor shall furnish, plant, and guarantee the viability of trees and shrubs Per MnDOT specification 2571 and as indicated on the plans and in the field by the Engineer/Landscape Architect. Contractor shall be responsible for watering planted trees and shrubs (regardless of notification) during entire warranty period. Contractor shall water within 24 hours of receipt of notification from Owner or Owners Representative. Watering will be considered incidental to plant maintenance operations. Contractor shall provide a record of watering activities to Owner and Engineering after each visit to confirm completion of watering. Failing to provide a record of watering activities will restart the full length of original warranty of all trees and shrubs replanted as deemed by Engineer/Landscape Architect to have failed as a result of lack of water. Contractor shall provide watering up to 1-inch per week for tree and shrub plantings. Ensure uniform watering is completed over entire root area. Maintain adequate but not excessive soil moisture by saturating the soil within the root zone. Use a soil recovery probe to check the soil moisture to a depth of 18 30 SC-17 inches, and adjust the intervals and frequency of watering in accordance with prevailing moisture and weather conditions. Provide additional watering as required or as directed by the Owner or Owners Representative to maintain uniform moisture throughout the soil. WARRANTY A. Contractor to warranty all shrubs and trees under this contract for one (1) year from the time of Preliminary Acceptance. B. Contractor to warranty all container perennials under this contract for one (1) full years from the time of Preliminary Acceptance.. C. Contractor to warranty all plug perennials under this contract for 60-days from the time of Preliminary Acceptance. D. Replacements: During the Warranty Period all plants shall fulfill all the requirements of these specifications with regard to quality and condition. a. Plants shall be free of dead branches and twigs and shall bear a minimum of 80% of the foliage present when planted having normal density, size, shape and color as determined by the Owner. Any plants failing to satisfy all these conditions shall be replaced within two weeks of notification. E. Remove dead plants immediately. Replace immediately unless required to plant in the succeeding planting season. F. Inspection: At end of Warranty Period, inspection will be made by Landscape Architect / Engineer, upon written notice by Contractor, at least 5 days before the anticipated date. Plantings provided under this Contract that are dead or in unsatisfactory condition, as determined by Landscape Architect / Engineer, shall be removed from site and replaced as soon as conditions permit during normal planting season. G. Replacement stock shall be subject to all requirements as to selection, inspections, preparation, planting and maintenance operations. Replacements shall match caliper and/or height attained by other stock of the original planting. a. Replacement stock shall not be under warranty unless the death was deemed a result of Contractor negligence related to watering. i. If plant death was a result of the Contractor failing to provide adequate amounts of water during drought periods, as determined by the Engineer/Landscape Architect, the replacement stock shall be warrantied one (1) year following date of replanting. 31 SC-18 a. Final Acceptance and Payment: A final inspection will be held after the end of the Warranty period and after all replacements are complete. Final acceptance will be submitted in writing by the Engineer/Landscape Architect and payment will be issued for the amount of the retainage. H. Delays: Delays in completion of planting operations, which extend the planting into more than one planting season, shall extend the Warranty period correspondingly. I. Exceptions: Contractor shall not be held responsible for failures due to vandalism, sediment accumulation or loss of plants due to salt application. The determination of plant failure due to salt applications will be judged by a botanist appointed by the Owner. J. Unsatisfactory Plant Materials a. Remove and immediately replace all plants, as determined by the Owners Representative, which are unsatisfactorily planted. BASIS OF PAYMENT The unit price bid for each Tree as Specified (Tree, #10 Container with Protection) shall be based on plan quantity. This item shall be considered compensation in full for all materials, equipment, and labor for furnishing, planting, warranty, and maintaining Each variety listed on the plans in conformance with the planting details, and as directed by the Engineer/Landscape Architect. Quantities are not guaranteed. Tree protection and mulch shall be considered incidental to each Tree as Specified bid price. The unit price bid for each Shrub, #1 and #2 Container; Perennial, Plug, 4 and #1 Container shall be based on plan quantity. This item shall be considered compensation in full for all materials, equipment, and labor for furnishing, planting warranty, and maintaining Each variety as listed on the plans in conformance with the planting details, and as directed by the Engineer/Landscape Architect. Mulch shall be considered incidental to all shrubs and perennial plantings. 35. PLANT INSTALLATION, ESTABLISHMENT (2571) & MAINTENANCE (2575): The work specified herein shall be performed at the SEA School-Wildwood Park project site as indicated on the Plans in accordance with the provisions of Mn/DOT Standard Specification 2571 and 2575 are hereby supplemented and/or amended by the following. References for the work include: AOSA - Association of Official Seed Analysis: Rules for Testing Seeds, Journal of Seed Technology, 1991 Edition; ICBN - International Code of Botanical Nomenclature; ICNCP - International Code of Nomenclature of Cultivated Plants; FSA - Federal Seed Act; ANSI - American National Standards Institute: American Standard for Nursery Stock, ANSI Z60.1; and Mn/DOT - Standard Specifications 32 SC-19 for Construction, 2016 Edition. The following definitions apply including PLS Pure Live Seed and Acceptable Species - Native plant species that have been planted or originate from the seed bank (native volunteer species). MATERIALS AND SUBMITTALS At least 14 days prior to planting, the Contractor shall submit to the Engineer/Landscape Architect for review: product data and specifications including seed label and seed affidavit (a written affidavit certifying composition of seed mixtures and integrity of plant materials with respect to species, variety and source), seed samples, including one small labeled bag of each seed type, a mulch sample, and proposed equipment specifications and literature, including those for seeding, and a seeding and planting schedule. The Contactor shall furnish standard products in unopened manufacturer’s standard containers, the seed analysis shall be attached to outside as well as inside container, showing species, germination, purity, name of certified testing agency and date of test, and no seed will be accepted unless test date is within 12 months of planting date. The Contractor shall ship and store seed and mulch with protection from weather or other conditions that would damage the product or impair its effectiveness. All plants will be inspected by the Engineer/Landscape Architect and items that have become wet, moldy, or otherwise damaged in transit or in storage will be rejected. The Contractor shall time delivery so that native plugs will be planted within 24 hours of delivery. Protect plugs against drying and damage prior to planting. Each species shall be handled and packed in the manner approved for that plant, having regard for the soil and climatic conditions at the time and place of digging and delivery, and to the time that will be consumed while in transit or delivery. All precautions that are customary in good trade practice shall be taken to insure the arrival of plants in good condition. The Contractor shall provide seed as per plant list on the plan sheet. The seed shall be blended by the vendor, and ratio shall be guaranteed by the vendor in writing to be as specified by proper labeling. In no case shall percent inert materials exceed 3% for any seed for which a pure live seed label is not provided. The Engineer/Landscape Architect will reject any or all seed or mix exceeding this standard. The Contractor shall supply live plants as per the plant list on the plan sheet. The Contractor shall not remove container-grown stock from containers until planting time. The Contractor shall label at least one plant of each variety in each planting area with a securely attached waterproof tag bearing legible designation of botanical and common name. All plants shall comply with the State and Federal laws with respect to inspection for plant diseases and insect infestations. The Contractor will give Engineer/Landscape Architect and Owner two days notice of the delivery date for the herbaceous plants. 33 SC-20 The species to be planted shall be those specified on the plans. Any substitution or change shall be approved prior to use in writing by the Engineer. If proof is submitted that any seed or plant specified is not obtainable, due to conditions beyond the control of the Contractor and for reasons other than cost changes since submittal of proposal prices, a proposal will be considered for use of the nearest equivalent variety with corresponding adjustment of Contract price. The Contractor must substantiate such proof in writing no later than 30 days after award of Contract. The above provisions shall not relieve Contractor of the responsibility for obtaining specified seed in advance if special growing conditions or other arrangements must be made in order to supply specific materials. For Replacement Plants, the Contractor must match existing genus, species, and size, meet requirements of these specifications, and meet requirements of ANSI Z60.1, ICBN and ICNCP. For Seed Substitutions, the Contractor must match existing cultivar or variety, meet requirements of these specifications, meet requirements of ANSI Z60.1, ICBN and ICNCP. The Engineer/Landscape Architect reserves the right to inspect seeds and plants, either at place of growth or at site before planting, for compliance with requirements for name, variety, size, quantity, quality and mix proportion. No plants or seeds treated or coated with the neonicotinoid class of pesticides will be used on this project. INSTALLATION The Contractor shall examine site and verify to the Engineer/Landscape Architect and Owner that conditions are suitable to receive work and that no defects or errors are present which would cause defective installation of products or cause latent defects in workmanship and function. Before proceeding with seeding work, the Contractor shall notify the Owner and Engineer/Landscape Architect in writing of all unsuitable conditions. The Contractor is required to continue erosion control methods and maintain previously installed materials, and to install where necessary additional protection to control erosion and sedimentation during their work on the site. The Contractor will verify that conditions on the site are suitable to receive work prior to commencing. The Contractor will be responsible to repair all subsequent soil erosion after site condition verification extending for a period of three months after receipt of preliminary acceptance. The Contractor will repair all erosion rills greater than one inch. The Contractor will repair all eroded areas within 48 hours of receipt of notification from Owner or Engineer. Additional erosion control repairs and/or measures shall be considered incidental to the plant installation. Refer to Special Condition Sections 38 & 39 for additional stabilization information. 34 SC-21 Prior to starting work, the Contractor shall calibrate and adjust seeding equipment to sow seeds at the proper seeding rate. Contractor shall hydro-seed seed mixes in accordance with Mn/DOT 2575. Equipment shall be operated in a manner to ensure complete coverage of the entire area to be seeded. Steam clean or thoroughly wash all equipment prior to starting work to prevent contamination from outside seed sources. All native seeding areas shall utilize hydromulch for stabilization unless otherwise noted on the plans, regardless of slope, with type bonded fiber matric (BFM) with natural tackifier in accordance with MnDOT specification 2575. Refer to Special Condition Section 38 for additional hydromulch information. The Contractor will be responsible for watering plants (regardless of notification) during entire warranty period. Contractor will water plants within 24 hours of receipt of notification from Owner or Engineer. Watering will be considered incidental to seeding. Detailed planting layout will be directed by Engineer/Landscape Architect on-site. Contractor shall schedule planting with the Engineer/Landscape Architect two days in advance. The Contractor shall install herbaceous plants as shown in the planting detail of the attached plan. The Contractor must water plants within eight hours of planting. The Contractor will be responsible for watering plants (regardless of notification) during entire warranty period. Contractor will water plants within 24 hours of receipt of notification from Owner or Engineer. Watering will be considered incidental to the Contract (see below for additional watering requirements). Upon completion of the seeding and plant establishment work, the Contractor shall request a review by the Engineer/Landscape Architect to determine whether the work conforms to the requirements of the specifications. SEEDING WARRANTY PERIOD AND COVERAGE STANDARDS The Contractor shall warrant that herbaceous seedings will meet the Condition and Coverage standards defined below for a three-year period after seeding and planting is complete with preliminary acceptance of the work defined above as the receipt by the Installation Contractor of a written notice from the Engineer/Landscape Architect that the work conforms to the requirements of the Specifications. Following the review, Engineer/Landscape Architect will submit to Contractor written notification of acceptance or of corrective action required. Coverage Standards: Growth and coverage of herbaceous seeding shall meet the following standards: STAGE 1 (End of 1st full growing season or later): 35 SC-22 Seedlings of at least three native grass species shall be widely dispersed through seeded area. No areas of bare soil larger than four square feet shall exist. STAGE 2 (End of 2nd full growing season or later): No bare patches of soil larger than two square feet shall exist. Seedlings of at least four native grass species shall be widely dispersed through seeded area. STAGE 3 (End of 3rd full growing season or later): No bare or eroding soil shall exist. Site shall have 95% vegetative cover, 75% of which is native vegetation. Seedlings of at least four native grass species shall be widely dispersed through seeded area. Site shall have less than 10% cover of invasive species with no patches larger than four square feet. Delays in completion of planting operations, which extend the planting into more than one planting season, shall extend the Warranty period correspondingly. However, the Contractor shall not be held responsible for failures due to vandalism. The Contractor shall perform inspections and reporting during the Warranty Period. For corrective work during warranty period, the Contractor shall reseed, replant, and otherwise correct work which does not meet the Condition and Coverage standards at the end of the Warranty period, without cost to the Owner. The Contractor shall perform corrective work in conformance with the requirements of this Specification. PLANT MAINTENANCE (2571) The contractor is responsible for maintenance of the plantings during the three- year warranty period. All Work specified herein shall be performed at the SEA School-Wildwood Park project site as indicated on the Drawings by Contractor meeting minimum qualifications described herein. The provisions of Mn/DOT Standard Specification 2575 are hereby supplemented and/or amended by the following: INTEGRATED PLANT MANAGEMENT: Integrated Plant Management (IPM) is a combination of many hands-on management techniques used during the growing season. The goal of IPM is to remove unwanted species from the native plantings. The method of control varies by species and density of the weeds. The Contractor will visit the site monthly during the growing season to conduct various IPM tasks, as needed based on site conditions. 36 SC-23 The work specified herein includes providing all materials, equipment, and labor necessary for IPM and herbaceous plant maintenance for a period of three years including: Inspection and reporting Mowing and Whipping (as necessary), including complete site mowing, spot mowing, and whipping Weed Control including hand pulling, dead heading of weeds (as necessary) Chemical treatment (see Use of Chemicals section above) Interseeding Woody plant management (includes stump treatment and removal and treatment of opportunistic (volunteer) trees and shrubs that sprout within the maintenance areas.) It is the expectation of this contract that all invasive and nuisance species will be removed as part of this IPM, as well as any species that are identified as an Eradicate, Control, or Restricted Noxious Weed species by the Minnesota Department of Agriculture, or that pose a threat to plant diversity, as specified by the City. WATERING Contractor shall be responsible for watering seeded vegetation areas and planted trees and shrubs (regardless of notification) during entire warranty period. Contractor shall water within 24 hours of receipt of notification from Owner or Owners Representative. Watering will be considered incidental to plant maintenance operations. Contractor shall provide a record of watering activities to Owner and Engineering after each visit to confirm completion of watering. Failing to provide a record of watering activities will restart the full length of original warranty of areas needing replanting as deemed by Engineer/Landscape Architect to have failed as a result of lack of water. Contractor shall provide watering up to 1-inch per week for all areas, including tree and shrub plantings. Ensure uniform watering is completed over entire planting bed or planting area. Maintain adequate but not excessive soil moisture by saturating the soil within the root zone. Use a soil recovery probe to check the soil moisture to a depth of 18 inches, and adjust the intervals and frequency of watering in accordance with prevailing moisture and weather conditions. Provide additional watering as required or as directed by the Owner or Owners Representative to maintain uniform moisture throughout the soil. THREE-YEAR MAINTENANCE PERIOD A. Maintenance Period: a. At the direction of the Engineer/Landscape Architect and in cooperation with the Owner, perform the maintenance work described 37 SC-24 below during a three-year maintenance period commencing with preliminary acceptance of the work defined above as the receipt by the Installation Contractor of a written notice from the Engineer/Landscape Architect that the installation work conforms to the requirements of the Specifications. b. Contractor shall fulfill all mandatory requirements without notification of Engineer c. Engineer/Landscape Architect or Owner will request additional work from Contractor during the three-year maintenance period, as deemed necessary by the Engineer/Landscape Architect or Owner. This work includes tasks outlined for IPM above. B. General Requirements (Mandatory): a. Protection of Existing Conditions: Use every reasonable precaution to prevent damage to existing conditions such as structures, utilities, plant materials and walks on or adjacent to the site of the work. Any damage caused by the Contractor shall be repaired at the Contractors expense. b. Contractor is required to continue erosion control methods and maintain previously installed materials, and to install where necessary additional protection to control erosion and sedimentation during their work on the site. Additional erosion control measures shall be considered incidental to plant maintenance. c. Barriers: Maintain existing barriers or provide additional barricades, fences or other barriers as necessary to protect existing conditions from damage during maintenance operations. d. Hazardous Operations: Do not store materials or equipment, do not allow burning, operation or parking of equipment under the branches of trees and shrubs. e. Notification: Submit to Owner written notification of any damaged plants and/or structures. C. Inspection and Reporting (Mandatory): a. Contractor shall notify Engineer/Landscape Architect at least 48 hours in advance of inspection in order to facilitate coordinated inspection. b. Once a month (May through October) Contractor shall inspect for invasive weed encroachment, dead plants and erosion problems. c. After each inspection, Contractor shall prepare and submit to the Engineer/Landscape Architect an email report describing the results of the inspection and recommendations for further maintenance activities. D. Herbicide or Manual Treatment (As Necessary): a. Upon discovery of invasive species during scheduled inspections conduct herbicide and/or manual treatments for weed control. b. Herbicide and/or manual treatments may be required monthly (May October). c. Upon first yearly herbicide treatment conducted, prepare and submit the treatment plan to the Engineer/Landscape Architect and the City 38 SC-25 for approval by prior to treatment. d. Conduct herbicide treatments in accordance with the approved treatment plan. e. Contractor shall follow the chemical usage guidelines in Use of Chemicals Section herein. f. Areas that are chemically treated as part of the integrated plant management (IPM) will be required to be signed as designated by the Engineer. Signage will be removed after the appropriate time in accordance with the manufactures label. g. All invasive species removed from the management areas must be rendered nonviable prior to transport off site. h. All Work must comply with the procedures outlined in DNR Operational Order 113. E. Mowing and Line Trimming: (As Necessary) a. At the request and direction of the Engineer/Landscape Architect and in cooperation with the Owner, conduct mowing operations at the site. b. Mowing may be requested one or more times per year or not at all, depending upon weed growth. c. Use a flail-type mower to prevent creation of mats of clippings. d. Use low-profile equipment appropriate to slope conditions and to minimize the damage to soils and vegetation. e. Mow at a height between six and eight inches. Do not mow shorter than six inches. F. Final Review: a. In August of the third season prior to the end of the three-year maintenance period, Contractor shall request a review by the Engineer/Landscape Architect to determine whether the work conforms to the requirements of the Specifications. b. If Engineer/Landscape Architect determines that work does not conform to the requirements of the Specifications, the Contractor will receive written notification of required corrections. c. Perform corrective work within ten calendar days of Final Review. d. Upon completion of the corrective work, Contractor shall request another Final Review by Engineer, who will determine whether the work conforms to the requirements of the Specifications. G. Final Acceptance: Contractor will receive a written notification of Final Acceptance when the Engineer/Landscape Architect determines that the work conforms to the requirements of the Specifications. BASIS OF PAYMENT (Vegetation Establishment & Maintenance Period) Measurement and payment for Vegetation Establishment & Maintenance Period will be paid as a lump sum for each year of annual maintenance work completed for three consecutive years. All types of controls will be paid the same and is 39 SC-26 reflected in the unit price for Vegetation Establishment & Maintenance Period and includes all materials, labor and equipment to complete the needed work. 36. TURF ESTABLISHMENT (2575): Seed mixtures used on the project shall be as specified in the plans and specifications herein. The provisions of MnDOT 2575.1 are supplemented with the following: A. All disturbed areas within the project shall be restored to an equal or better condition to that which was in place prior to construction and as directed by the Engineer/Landscape Architect. No bald spots will be accepted. These specifications apply for all seeding activities in this project. The provisions of MnDOT 2575.2D are supplemented with the following: B. Seeding: Seeding shall be completed within seven (7) days after finish grading has been completed. Seeding shall be completed in the locations identified in the plans and with the seeds and seeding rates as shown and described in the plans and specifications. Following seeding apply hydromulch per MnDOT specification 2575. The Engineer/Landscape Architect shall identify areas deemed as satisfactory growth. Insufficient establishment shall be defined as any spots, areas, or patches that have shorter, sparser, or otherwise limited establishment relative to satisfactory areas. The Contractor must repair all areas that have insufficient establishment as directed by Engineer, within seven (7) days of being notified of said insufficient growth. Prior to initial establishment, it is expected that the Contractor will need to return to the project site at least once, and potentially multiple times, to fix, maintain, reseed, or otherwise provide services to ensure adequate initial establishment. Measurement and payment for furnishing and installing all seed (Wet Meadow; Prairie; MNDOT 36-711 Woodland Edge; Bee Lawn Turf;) shall be made on an Acre basis, based on plan quantities. This item shall include all equipment, materials, and labor to seed all areas as shown in the plans, all complete as specified and as required by the plans. No additional payments will be made for multiple mobilizations or seeding costs to install or reseed areas that have failed to grow. The Contractor shall not be paid twice for seeding the same area. 40 SC-27 37. HYDRAULIC BONDED FIBER MATRIX WITH NATURAL TACKIFIER (HYDROMULCH)(2575, 3884): All seeding areas shall utilize hydromulch for stabilization unless otherwise noted on the plans, regardless of slope, with type bonded fiber matric (BFM) with natural tackifier in accordance with MnDOT specification 2575. 1. Hydromulch must be installed within 24-hours of final seeding. 2. Bonded fiber Matric (BFM) shall be in accordance with MnDOT specification 3884.B.4 and amended as follows: a. Fibers colored with water soluble, non-toxic dye; b. Natural tackifier shall be in accordance with MnDOT specification 3884.A.1. 3. Apply at the given rate to the entire seeding surface as per manufacturers requirements. Measurement and payment for Hydraulic Bonded Fiber Matrix with Natural Tackifier shall be per Pound (LB) based on plan quantity, converted to pounds using a rate of 3000 lbs per acre installed per MnDOT 2575. This item includes all materials, equipment, and labor to install hydromulch per plan and as specified. 38. ROLLED EROSION CONTROL PRODUCTS (2575): Prior to placing erosion control blanket, the finished surface shall be smooth, all snow and ice shall be removed (if applicable), all surface debris removed so that the rolled erosion control product is in full contact with the soil or mulch. Regrade and repair all erosion prior to placing erosion control products. All erosion repairs shall be considered incidental to planting installation and no additional compensation will be made. Immediately after planting, seeding, and mulching, place Rolled Erosion Control Products as described on the plans. Erosion Control Blanket: For slopes steeper than 3:1, Contractor shall furnish, install, and maintain erosion control blanket, Category 6N3S (MnDOT 2018), as shown on the Drawings or directed by the Engineer. If soils are not frozen, anchor blanket with six inch (6) steel wire pressed straight into ground without bending. Payment will be made on the basis of actual area of erosion control blanket installed and maintained in square yards (SY) as measured in the field by Engineer. Biodegradable Netting: Within the Iron-Enhanced Sand Filter Basin, along the basin bottom and for all mulched planting beds adjacent to the basin, Contractor shall furnish, install, and maintain biodegradable netting, Type 2, as shown on 41 SC-28 the Drawings or directed by the Engineer. If soils are not frozen, anchor blanket with ten inch (10) steel wire pressed straight into ground without bending. Payment will be made on the basis of actual area of erosion control blanket installed and maintained in square yards (SY) as measured in the field by Engineer. 39. ROOT BARRIER (SPECIAL PROV): The Contractor shall furnish and install Root Barrier along the west and south edges of the existing concrete pad housing the shade structure at the Existing Pickleball Court as shown on the Plans. Root Barrier must extend at least eighteen inches (18) below the bottom of the adjacent concrete pad. Root Barrier shall be made of 80mil HDPE, minimum, and joints between segments must overlap twelve inches (12) minimum, unless securely fastened as per manufacturers recommendations. Root Barrier installation shall consist of root barrier and six inches (6) of compacted backfill as indicated on the Details. The Contractor may provide substitutions for approval by the Engineer/Landscape Architect. Root Barrier will be measured and paid for by the Linear Foot (LF), based on plan quantity. The item shall include all equipment, materials, and labor to furnish and install the Root Barrier, as indicated on the Plans and Details. 42 SC-29 This Page Left Blank Intentionally 43 GENERAL CONDITIONS 44 This Page Left Blank Intentionally 45 GC - i GENERAL CONDITIONS INDEX Page SECTION I - GENERAL ...................................................................................................1 1. DEFINITIONS...................................................................................................1 2. FAMILIARITY WITH LAWS AND ORDINANCES ............................................3 SECTION II - AWARD AND EXECUTION OF THE CONTRACT ....................................3 1. CONSIDERATION OF PROPOSALS ..............................................................3 2. EXECUTION OF CONTRACT..........................................................................4 3. FAILURE TO EXECUTE CONTRACTS...........................................................4 SECTION III - SCOPE OF WORK....................................................................................4 1. INTENT OF PLANS AND SPECIFICATIONS..................................................4 2. INCREASED OR DECREASED QUANTITIES OF WORK..............................4 3. CHANGES IN THE WORK...............................................................................5 4. UNCLASSIFIED WORK...................................................................................7 5. CONSTRUCTION CHANGE DIRECTIVES......................................................7 6. FINAL CLEAN-UP............................................................................................8 SECTION IV - CONTROL OF WORK ..............................................................................8 1. AUTHORITY OF ENGINEER...........................................................................8 2. CONFORMITY WITH PLANS AND ALLOWABLE DEVIATIONS....................8 3. COORDINATION OF PLANS AND SPECIFICATIONS...................................8 4. COOPERATION BY CONTRACTOR...............................................................8 5. CARE AND PROTECTION OF WORK AND MATERIALS..............................9 6. AUTHORITY AND DUTY OF INSPECTOR .....................................................9 7. INSPECTION..................................................................................................10 8. UNAUTHORIZED WORK...............................................................................10 9. DEFECTIVE WORK.......................................................................................10 10. FINAL INSPECTION ......................................................................................11 11. GUARANTEE.................................................................................................11 12. FOSSILS ........................................................................................................12 SECTION V - CONTROL OF MATERIALS....................................................................12 1. SOURCE AND QUALITY OF MATERIALS....................................................12 2. STANDARD STOCK PRODUCTS.................................................................12 3. TESTS OF MATERIALS.................................................................................12 46 GC - ii 4. STORAGE......................................................................................................13 5. DEFECTIVE MATERIALS..............................................................................13 6. FAILURE TO REMOVE DEFECTIVE MATERIALS.......................................13 SECTION VI - LEGAL RELATIONS AND RESPONSIBILITY TO PUBLIC....................13 1. LAWS TO BE OBSERVED.............................................................................13 2. PERMITS AND LICENSES............................................................................14 3. PATENTED DEVICES, MATERIALS AND PROCESSES.............................14 4. SANITARY PROVISIONS..............................................................................14 5. PUBLIC CONVENIENCE AND SAFETY, BARRICADES, LIGHTS AND WARNING SIGNALS......................................................................................15 6. MAINTENANCE OF DRAINAGE AND ACCESS TO MUNICIPAL AND PRIVATE UTILITIES ......................................................................................15 7. SITES TO BE KEPT CLEAN..........................................................................16 8. NOISE ELIMINATION ....................................................................................16 9. USE OF EXPLOSIVES...................................................................................16 10. PROTECTION AND RESTORATION OF PROPERTY..................................16 11. EXISTING SURFACE, OVERHEAD AND UNDERGROUND STRUCTURES 17 12. MAINTENANCE OF SERVICE IN EXISTING STRUCTURES.......................18 13. RAILWAY AND HIGHWAY CROSSINGS......................................................18 14. RESPONSIBILITY FOR LABOR, MATERIAL, EQUIPMENT AND DAMAGE CLAIM.............................................................................................................19 15. CONTRACTOR’S RESPONSIBILITY FOR WORK........................................19 16. SAFETY PRECAUTIONS AND ACCIDENT PREVENTION..........................19 17. REQUIREMENTS OF CONTRACT BOND....................................................20 18. PUBLIC LIABILITY AND PROPERTY DAMAGE INSURANCE.....................20 19. WORKMEN’S COMPENSATION INSURANCE.............................................22 20. COMPLIANCE WITH EXISTING CONTRACTS BETWEEN THE .................22 SECTION VII - PROSECUTION AND PROGRESS.......................................................22 1. SUBLETTING OR ASSIGNMENT OF CONTRACT.......................................22 2. PROSECUTION OF WORK...........................................................................22 3. LIMITATIONS OF OPERATIONS ..................................................................23 4. CHARACTER OF WORKMEN AND EQUIPMENT........................................23 5. CONTRACTOR’S RIGHT TO REQUEST CHANGES....................................24 6. TEMPORARY SUSPENSION OF WORK......................................................24 7. SUBSTANTIAL COMPLETION......................................................................24 47 GC - iii 8. DETERMINATION AND EXTENSION OF CONTRACT TIME FOR COMPLETION................................................................................................25 9. FAILURE TO COMPLETE WORK ON TIME .................................................26 10. RIGHT OF THE CITY TO DECLARE CONTRACTOR IN DEFAULT.............26 11. COMPLETION OF THE WORK AFTER DEFAULT.......................................27 12. PARTIAL DEFAULT.......................................................................................28 13. TERMINATION OF CONTRACTOR’S RESPONSIBILITY.............................28 SECTION VIII - MEASUREMENT AND PAYMENT.......................................................28 1. MEASUREMENT OF QUANTITIES...............................................................28 2. SCOPE OF PAYMENT...................................................................................29 3. WORK COVERED BY CONTRACT PRICE...................................................29 4. BASIS OF PAYMENT.....................................................................................29 5. PAYMENTS FOR INCREASED OR DECREASED QUANTITIES.................29 6. PAYMENT FOR SURPLUS MATERIALS......................................................30 7. CLAIMS AND PROTESTS.............................................................................30 8. PAYMENT FOR UNCLASSIFIED AND FORCE ACCOUNT WORK.............32 9. PARTIAL PAYMENTS....................................................................................33 10. FINAL PAYMENT...........................................................................................34 11. CERTIFICATE OF COMPLIANCE OF MINNESOTA WITHHOLDING TAX..34 SECTION IX - MISCELLANEOUS PROVISIONS..........................................................34 1. NONDISCRIMINATION..................................................................................35 2. GOVERNMENT DATA...................................................................................35 3. VENUE AND FORUM. ...................................................................................35 4. COUNTERPARTS..........................................................................................35 5. ELECTRONIC SIGNATURES........................................................................36 6. NOTICES........................................................................................................36 7. SEVERABILITY..............................................................................................36 8. NO WAIVER OF LEGAL RIGHTS..................................................................36 48 GC - 1 GENERAL CONDITIONS CITY OF GOLDEN VALLEY SECTION I - GENERAL 1. DEFINITIONS When used in the Contract Documents, the intent and meaning of the below listed terms shall be as follows: A. "A.S.T.M." means the American Society for Testing Materials. B. "Bidder" means any individual, firm or corporation submitting a Proposal for the Work contemplated, acting directly or through a duly authorized representative. C. "City" means the City of Golden Valley, Minnesota. D. "Contract" means the entire agreement covering the performance of the Work and the furnishing of materials in the construction. E. "Contractor" means the individual, firm, partnership, corporation or company with which the City contracts and unless otherwise specified, includes subcontractors of Contractor. F. "Contract Bond" means collectively the approved forms of security furnished by Contractor and Contractor’s Surety or Sureties as a guarantee of good faith on the part of Contractor to execute and pay for the Work in accordance with the terms of the Contract. G. "Contract Price" means the total amount payable by the City to Contractor, including authorized adjustments, for the performance of the Work under the Contract Documents and is stated in the Agreement. H. "Contract Time" means the period of time, including authorized adjustments, allotted in the Contract Documents for Final Completion of the Work. I. "Engineer" means the City Engineer, or her/his designee. J. "Final Completion" means the stage of construction following Substantial Completion when the Contractor has completed all written corrective measures for damaged or defective Work as determined by the Engineer, and has provided 49 GC - 2 all documents required for close out of the Contract as discussed within the Contract Documents. K. "Force Account" means the payment method used for extra work if Contractor and the Engineer are unable to negotiate prices for revised Work. L. "Force Account Work" means work completed on a Force Account basis. M. "Inspector" means an authorized representative of the Engineer, assigned to make any or all necessary inspections of the Work performed and the materials furnished by Contractor. N. "Laboratory" means the testing laboratory that shall be approved by the Engineer to inspect and determine the suitability of materials. O. "Plans" means all approved drawings or reproductions of drawings pertaining to the construction of the Work and appurtenances. P. "Proposal" means the proposal for the Work submitted by the Bidder on the Proposal Form. Q. "Proposal Form" means the approved form on which the Bidder submits its Proposal for the Work contemplated. The Proposal may also be referred to as the bid. R. "Proposal Guarantee" means the security designated in the Proposal to be furnished by the Bidder as a guarantee of good faith to enter into a contract with the City if the Work is awarded to the Bidder. S. "Specifications" means the directions, provisions and requirements contained in the Contract Documents, together with all written agreements made or to be made, pertaining to the method and manner of performing the Work, or to the quantities and qualities of materials to be furnished under the Contract Documents. T. "Substantial Completion" is the stage in the progress of the Work when the Work or a designated portion thereof is sufficiently complete in accordance with the Contract Documents so that the City can occupy or use the Work for its intended purpose. For the avoidance of doubt, unless otherwise agreed, Substantial Completion requires all of the following to be complete: all utility and storm sewer installation (except as noted below), placement of the base course and wear course of bituminous, sidewalk and pedestrian ramps, curb and gutter, driveway pavement, signage, sod, seed, pavement markings and project cleanup. Sanitary sewer lining and wye grouting or wye lining need not be complete to achieve 50 GC - 3 Substantial Completion; however, all work related to these items shall be completed prior to Final Completion. U. "Surety" is the individual or corporate surety that is bound with and for Contractor for the acceptable performance of the Contract and for its payment of all obligations pertaining to the Work. V. "Unclassified Work" means all work and materials that are not included under any items in the Proposal and Contract, for which a unit price has been submitted. W. The "Work" means the construction and services required by the Contract Documents, whether completed or partially completed, and includes all other labor, materials, equipment, and services provided or to be provided by Contractor to fulfill Contractor’s obligations. The Work may constitute the whole or a part of the Project. X. Meaning of expressions - In order to avoid cumbersome and confusing repetition of expressions in these Specifications, whenever it is provided that anything is, or is to be done or is, "contemplated," "required," "directed," "specified," "authorized," "ordered," "given," "designated," "indicated," "considered necessary," "permitted," "suspended," "approved," "acceptable," "unacceptable," "suitable," "unsuitable," "satisfactory," "unsatisfactory," or "sufficient," it shall be taken to mean and intend by or to the Engineer. 2. FAMILIARITY WITH LAWS AND ORDINANCES Contractor is assumed to have made itself familiar with all laws, ordinances and regulations which in any manner affect those engaged or employed in the Work, or the materials or equipment used in or upon the improvement, or in any way affect the conduct of the Work. No plea of misunderstanding will be considered on account of the ignorance thereof. The provisions of such laws or ordinances are deemed to be a part of these Specifications, and Contractor shall be bound by the provisions thereof. SECTION II - AWARD AND EXECUTION OF THE CONTRACT 1. CONSIDERATION OF PROPOSALS Comparison of proposals will be based on the correct summation of item totals, obtained from the Proposal Form. In the case of errors on a Proposal Form, the unit price shall be used to determine the correct total for a bid item. The City reserves the right to award any or all alternate bid items, or any combination thereof, in the best interest of the City. The City reserves the right to reject any or all Proposals and to waive defects or technicalities as it may deem in the best interest of the City. 51 GC - 4 2. EXECUTION OF CONTRACT The individual, firm, partnership, corporation or company to which the Contract has been awarded shall sign the necessary agreements, enter into a contract with the City, and shall return all necessary documents to the office of the City Clerk of Golden Valley within ten (10) days after it has received notice of award. 3. FAILURE TO EXECUTE CONTRACTS Failure to furnish the Contract Bonds in the sum equal to the amount of the award, or to execute the Contract within ten (10) days as specified, shall be just cause for annulment of the award. It shall be understood by the Bidder that, in the event of annulment of the award, the amount of the Proposal Guarantee deposited with the Proposal shall be retained by the City, not as a penalty, but as liquidated damages to compensate the City for additional costs and expenses. SECTION III - SCOPE OF WORK 1. INTENT OF PLANS AND SPECIFICATIONS The intent of the Plans and Specifications is to prescribe the complete Work or improvement that Contractor undertakes to do. The Plans and Specifications shall be read and interpreted in conjunction with the Contract Documents. Unless otherwise provided, it is understood that Contractor shall furnish all labor, material, equipment, tools, transportation, necessary supplies and incidentals as may reasonably be required to complete the Work in accordance with the Plans, Specifications and other Contract Documents. The approved Plans are on file in the office of the City Clerk, City of Golden Valley, Golden Valley City Hall, 7800 Golden Valley Road, Golden Valley, Minnesota 55427, and show the location, details and dimensions of the Work. Any deviations from the Contract Documents as may be required during construction shall, in all cases, be determined by the Engineer and authorized in writing by the Engineer before such deviations are consummated. The City may attach addenda to these Specifications, to be filed with such Specifications and incorporated as part thereof, at the office of the City Clerk of Golden Valley. Bidders shall be responsible to examine such Specifications as are on file for addenda before submitting Proposals. 2. INCREASED OR DECREASED QUANTITIES OF WORK The Engineer shall have the sole right to increase or decrease any or all of the items specified in the Contract Documents, including the elimination of any one or more 52 GC - 5 items. Such changes shall not invalidate the Contract. If quantities originally contemplated are materially changed, Contractor shall request a cost adjustment in writing in compliance with the Change Order requirements set forth in Section 3 herein. Approval of any such cost adjustment shall be at the sole discretion of the Engineer and the Engineers decision shall be final on any and all matters concerning cost adjustment. No payment for changed items shall be made to Contractor until both parties have signed the Change Order. Except in the case of minor changes in the Work approved or ordered by the Engineer in accordance with Section III (3)(D), or ordered by the Engineer in accordance with Section III (3)(C), Contractor may make substitutions only with the consent of the City, after evaluation and written approval by the Engineer and in accordance with a Change Order. 3. CHANGES IN THE WORK A. GENERAL Changes in the Work may be accomplished after execution of the Contract, and without invalidating the Contract, by Change Order, Construction Change Directive or order for a minor change in the Work, subject to the limitations stated in this Section and elsewhere in the Contract Documents. A Change Order shall be based upon agreement between the City and Contractor. A Construction Change Directive may be issued by the Engineer and may or may not be agreed to by Contractor. An order for a minor change in the Work may be issued by the Engineer alone and shall not involve a change in the Contract Price or Contract Time. Changes in the Work shall be performed under applicable provisions of the Contract Documents. Contractor shall proceed promptly with changes in the Work, unless otherwise provided in the Change Order, Construction Change Directive, or order for a minor change in the Work. B. CHANGE ORDERS A Change Order is a written instrument prepared by the Engineer and signed by the City and Contractor stating their agreement upon all of the following: i) The change in the Work; ii) The amount of the adjustment, if any, in the Contract Price; and iii) The extent of the adjustment, if any, in the Contract Time. C. MINOR ALTERATIONS OF PLANS OR CHARACTER OF WORK The Engineer may order minor changes in the Work that are consistent with the intent of the Contract Documents and do not involve an adjustment in the Contract Price or Contract Time. The Engineers order for minor changes shall be made in writing. If Contractor believes that the proposed minor change in the Work will affect the Contract Price or Contract Time, Contractor shall notify the Engineer and shall 53 GC - 6 not proceed to implement the change in the Work. If Contractor performs the Work set forth in the Engineers order for a minor change without prior notice to the Engineer that such change will affect the Contract Price or Contract Time, Contractor waives any adjustment to the Contract Price or extension of the Contract Time. D. ELIMINATION OF WORK Should the City eliminate any Contract items from the Contract, delete any Work, or order termination on a Contract item before completion of that unit, Contractor shall be reimbursed for all costs incurred prior to notification that are not the result of unauthorized work. Compensation will be made on the following basis: i) Accepted quantities of Work completed in accordance with the Contract will be paid for at the Contract prices. ii) For materials that have been ordered but not incorporated in the Work, reimbursement will be made in accordance with the procedure set out for Surplus Material. iii) For partially completed items, accepted Work shall be paid for on the basis of a percentage of the Contract bid price equal to the percentage of actual accomplishment toward completion of the item. In arriving at this percentage, the value of materials incorporated in the partially completed items will be considered to be the actual purchase price of the materials, plus transportation costs, to which will be added fifteen percent (15%) of the sum thereof. Contractor shall also be reimbursed for such actual expenditures for equipment, mobilization, and overhead as the City considers directly attributable to the eliminated work and that are not recovered as part of the direct payment for the Work. Payment for completed Work at the Contract prices and for partially completed Work and materials in accordance with the above provisions, together with such other allowances as are made for fixed costs, shall constitute final and full compensation for the Work related to those Contract items that have been partially or totally eliminated from the Contract. 4. UNCLASSIFIED WORK All work and materials that are not included under any items in the Proposal or Contract Documents and for which a unit price has been submitted, shall be designated as Unclassified Work. Before any Unclassified Work is performed, the Engineer shall submit to Contractor for its acceptance, a Change Order stating the location, nature, estimate of 54 GC - 7 quantities, and basis of payment of work to be performed. When this Change Order has been signed by both parties, it shall become part of the Contract. Any Change Order shall stipulate a unit price or lump sum for the performance of work. Where a change in the Contract Price or Contract Time cannot be agreed upon, the Unclassified Work shall be completed pursuant to a Construction Change Directive and payment shall be made on a Force Account basis. 5. CONSTRUCTION CHANGE DIRECTIVES A Construction Change Directive is a written order prepared by the Engineer directing a change in the Work prior to agreement on adjustment, if any, in the Contract Price or Contract Time, or both. The City may by Construction Change Directive, without invalidating the Contract, order changes in the Work within the general scope of the Contract consisting of additions, deletions, or other revisions, the Contract Price and Contract Time being adjusted accordingly. A Construction Change Directive shall be used in the absence of total agreement on the terms of a Change Order. If the Construction Change Directive provides for an adjustment to the Contract Price, the adjustment shall be made as provided in Section VIII below. If Contractor disagrees with the adjustment in the Contract Price or Contract Time, Contractor may make a Claim in accordance with applicable provisions of Section VIII(6). Upon receipt of a Construction Change Directive, Contractor shall promptly proceed with the change in the Work involved and advise the Engineer of Contractors agreement or disagreement with the method, if any, provided in the Construction Change Directive for determining the proposed adjustment in the Contract Price or Contract Time. When the City and Contractor agree with a determination made by the Engineer concerning the adjustments in the Contract Price and Contract Time, or otherwise reach agreement upon the adjustments, such agreement shall be effective immediately and the Engineer shall prepare a Change Order. Change Orders may be issued for all or any part of a Construction Change Directive. A Construction Change Directive signed by Contractor indicates Contractors agreement therewith, including adjustment in Contract Price and Contract Time or the method for determining them. Such agreement shall be effective immediately and shall be recorded as a Change Order. 6. FINAL CLEAN-UP Upon completion of the Work and before acceptance, issuance of the Certificate of Final Completion and final payment, Contractor shall remove from the street and adjacent property, all surplus and discarded materials, equipment, rubbish and temporary structures; restore in an acceptable manner all property, both public and private, which has been damaged during the prosecution of the Work; and shall leave the site in a neat and presentable condition subject to the approval of the Engineer. 55 GC - 8 SECTION IV - CONTROL OF WORK 1. AUTHORITY OF ENGINEER The Engineer shall decide any and all questions which may arise as to (1) the quality and acceptability of materials furnished and Work performed; (2) the manner of performance and rate of progress of the Work; (3) the interpretation of the Plans and Specifications; (4) the acceptable fulfillment of the Contract on the part of Contractor; and (5) the amount and quantity of the several kinds of Work performed and materials furnished under the Contract. 2. CONFORMITY WITH PLANS AND ALLOWABLE DEVIATIONS No deviations from the Plans or the approved working drawings shall be permitted without the written approval of the Engineer. 3. COORDINATION OF PLANS AND SPECIFICATIONS Contractor shall take no advantage of any apparent error or omission in the Plans or Specifications, and the Engineer shall be permitted to make such corrections and interpretations as may be deemed necessary for the fulfillment of the Plans and Specifications. Any work not specified herein or in the Plans, but which may be fairly implied or understood as included in the Contract, shall be completed by Contractor without extra charge. Any ambiguity or discrepancy in the Plans or Specifications shall be adjusted by using the best class of work or materials. In the case of any discrepancy between the scale and figures in the Plans, drawings, etc., the figured dimensions shall govern. In the case of any discrepancy between the quantities shown in the Proposal and those shown in the Plans, the Plans shall prevail. In case any other discrepancy occurs between the Plans and the Specifications, the decision of the Engineer shall be decisive thereon. 4. COOPERATION BY CONTRACTOR The City shall supply Contractor with five copies of the Plans and Specifications. Contractor shall have said Plans and Specifications available at the Project at all times during the prosecution of the Work. Contractor shall give the Work its constant attention to facilitate progress and shall cooperate with the Engineer in setting and preserving stakes, benchmarks, etc., and in all other things that are necessary for satisfactory completion of the Work. Contractor shall have a competent and reliable superintendent acting as Contractors representative on the job at all times. This representative shall supervise all of Contractors workforce, 56 GC - 9 including its subcontractors, during all phases and in all aspects of the Work. All orders from the Engineer shall be directed through the superintendent. Contractor shall provide a list, as deemed necessary by the Engineer, of emergency contacts, including names and 24-hour telephone numbers, to the City. 5. CARE AND PROTECTION OF WORK AND MATERIALS From the commencement of the Work until the final acceptance of the same, Contractor shall be solely responsible for the care of the Work and for the materials delivered to the site and intended to be used in the Work. All injury or damage to the same from whatever cause, shall be made good at Contractors expense. Contractor shall provide suitable means of protection for and shall protect all materials intended to be used in the Work and shall provide similar protection for all Work in progress as well as completed Work. Contractor shall at all times take all necessary precautions to prevent injury or damage to the Work in progress, including but not limited to protection for damage or injury caused by flood, freezing, or inclement weather of any kind. Only approved methods shall be used for this purpose. 6. AUTHORITY AND DUTY OF INSPECTOR The Inspector shall be authorized to inspect all Work and materials furnished. Such inspection may extend to all or any part of the Work and to the preparation or manufacture of the materials to be used. An inspector shall be stationed on the Work to report to the Engineer as to the progress of the Work and the manner in which it is being performed. The Inspector shall also report to the Engineer whenever it appears that the materials furnished or the Work performed by Contractor fail to fulfill the requirements of the Specifications and Contract, and shall bring any such failure or other infringement to Contractors attention. Such inspection, however, shall not relieve Contractor from any obligation to perform all of the Work strictly in accordance with the requirements of the Specifications. In case of any dispute arising between Contractor and the Inspector as to materials furnished or the manner of performing the Work, the Inspector shall have the authority to reject materials or suspend the Work until the questions at issue can be referred to and decided by the Engineer. If Contractor uses rejected materials or fails to suspend the Work, all Work performed by Contractor under such suspension or rejection shall be considered unauthorized work and subject to rejection or replacement by Contractor at Contractors expense. The Inspector shall not be authorized to revoke, alter, enlarge, relax or release any requirements of these Specifications nor to approve or accept any portion of the Work, or to issue instructions contrary to the Plans and Specifications. The Inspector shall in no case act as foreman or perform other duties for Contractor, nor shall the Inspector interfere with the management of the Work by Contractor. 57 GC - 10 Any advice that the Inspector may give to Contractor shall in no way be construed as binding upon the City in any way, nor shall any such advise release Contractor from fulfillment of the terms of the Contract. 7. INSPECTION The Engineer or the Engineers representative shall be allowed access to all parts of the Work at all times and shall be furnished such information and assistance by Contractor as may be required to make a complete and detailed inspection. Such inspection may include mill, plant, or shop inspection of materials and workmanship. 8. UNAUTHORIZED WORK Work done without lines and grades, Work done beyond the lines and grades shown on the Plans, or as given, except as herein provided, or any Unclassified Work done without written authority shall be considered unauthorized and at the expense of Contractor and will not be measured or paid for by the City. Work so done may be ordered removed and replaced at Contractor’s expense. 9. DEFECTIVE WORK All Work not conforming to the requirements of the Contract Documents shall be considered defective and may be rejected by the Engineer by providing written notice of the defect to Contractor. Contractor shall promptly correct Work rejected by the Engineer or failing to conform to the requirements of the Contract Documents and whether or not fabricated, installed or completed. Costs of correcting such rejected Work, including additional testing and inspections, the cost of uncovering and replacement, and compensation for the Engineers services and expenses made necessary thereby, shall be at Contractors expense. Should Contractor fail or refuse to remove or renew any defective Work, or to make any necessary repairs in an acceptable manner and in accordance with the requirements of the Contract Documents within the time indicated by the City, the Engineer shall have the authority to cause the unacceptable or defective Work to be removed and renewed or repaired at Contractor’s expense. Any expense incurred by the City in making these removals, renewals or repairs, which Contractor has failed or refused to make, shall be paid for out of any monies due or which become due Contractor, or may be charged against the Contract Bonds. Continued failure or refusal on the part of Contractor to make any or all necessary repairs promptly, fully and in an acceptable manner shall be sufficient cause for the City, at its option, to purchase materials, tools and equipment, and employ labor or to contract with any other individual, firm or corporation, to perform the Work. All costs and expenses so incurred shall be charged against Contractor and the amount thereof deducted from any monies due or which may become due to Contractor under this Contract, or shall be charged against the Contract Bonds. Any work performed, as described in this section, shall not relieve Contractor in any way from its responsibility to perform the Work. 58 GC - 11 The City shall also have authority to take over and use defective Work without compensation to Contractor, when Contractor fails or refuses to rebuild such defective Work. 10.FINAL INSPECTION The Engineer will make final inspection of all Work, and any portion thereof, as soon as practicable after notification by Contractor that such Work is nearing completion. If the inspected Work is not acceptable to the Engineer at the time of the Engineers inspection, the Engineer shall advise Contractor in writing as to the particular defects to be remedied. If, within a period of ten (10) days after such notification, Contractor has not taken steps to speedily complete the Work as directed, the Engineer may, without further notice and without in any way impairing the Contract, make such other arrangements as the Engineer may deem necessary to have such Work completed in a satisfactory manner. The cost of completing such Work shall be deducted from any monies due, or which may become due Contractor on the Contract. 11.GUARANTEE In addition to Contractors obligations under Section IV paragraph 9, if, within one year after the date of Final Completion of the Work, or by terms of any applicable special warranty required by the Contract Documents, any of the Work is found to be not in accordance with the requirements of the Contract Documents, Contractor shall correct it promptly after receipt of notice from the City to do so, unless the City has previously given Contractor a written acceptance of such condition. The City shall give such notice promptly after discovery of the condition. If, during the one-year period for correction of Work, the City fails to notify Contractor and give Contractor an opportunity to make the correction, the City waives the right to require correction by Contractor and to make a claim for breach of warranty. If Contractor fails to correct nonconforming Work within a reasonable time after receipt of notice from the City, the City may correct the Work at Contractors expense. The one-year period for correction of Work shall be extended with respect to portions of Work first performed after Final Completion by the period of time between Final Completion and the actual completion of that portion of the Work. The one- year period for correction of Work shall not be extended by corrective Work performed by Contractor pursuant to this Section. Nothing contained in this Section shall be construed to establish a period of limitation with respect to other obligations Contractor has under the Contract Documents. Establishment of the one-year period for correction of Work as described in this Section relates only to the specific obligation of Contractor to correct the Work, and has no relationship to the time within which the obligation to comply with the Contract Documents may be sought to be enforced, nor to the time 59 GC - 12 within which proceedings may be commenced to establish Contractors liability with respect to Contractors obligations other than specifically to correct the Work. 12.FOSSILS If any fossils or treasure or other unusual or valuable geological formations are found in the process of excavating, such fossils and sample of geological formations shall be carefully preserved by Contractor and given to the Engineer and shall be the property of the City. SECTION V - CONTROL OF MATERIALS 1. SOURCE AND QUALITY OF MATERIALS The source of supply of the materials to be used shall be approved by the Engineer before delivery is started. The approval of the source of any material will stand only so long as the material itself conforms to the Specifications. Only materials conforming to the requirements of these Specifications shall be used in the Work. The source of any materials shall not be changed at any time without the written approval of the Engineer. Contractor may be required, at any time, to furnish a complete statement of the original composition and manufacturer of any or all materials required in the Work, or to submit sample of the same. 2. STANDARD STOCK PRODUCTS All materials, supplies and articles furnished shall, whenever so specified, and otherwise wherever practicable, be the standard stock products of recognized, reputable manufacturers. The standard stock products of manufacturers other than those specified may be accepted when it is proved to the satisfaction of the Engineer that they are equal to or better than the specified products in strength, durability, usefulness and convenience for the purpose intended. Whenever reference is made herein to A.S.T.M. Specifications, it shall be understood that the latest revision of the A.S.T.M. at the time of award of Contract is implied. 3. TESTS OF MATERIALS When tests of materials are necessary, such tests shall be made by and at the expense of the City unless otherwise provided. Contractor shall afford such facilities as the Engineer may require for collecting and forwarding samples, and shall not use the materials represented by the samples until tests have been made and the materials have been found to satisfy the requirements of these Specifications. Contractor shall, in all cases, furnish the required samples without charge. The quantity of materials Contractor must furnish shall be a reasonable amount, deemed by the Engineer, to effectively test such materials to verify compliance with the Specifications and/or meet requirements from non-City funding sources. 60 GC - 13 4. STORAGE Materials shall be stored so as to insure the preservation of their quality and fitness for the Work and such materials, even though approved before storage, shall be subject to test, and must meet the requirements of these Specifications at the time it is proposed to incorporate them in the Work. Materials shall be stored in a manner that will facilitate inspections and protect the general public from injury. The portion of the right-of-way not required for public travel may, with the consent of the Engineer, be used for storage purposes, and for the placing of Contractor’s plant and equipment, but any additional space required, unless otherwise stipulated, shall be provided by Contractor at its expense. 5. DEFECTIVE MATERIALS All materials not conforming to the requirements of these Specifications shall be considered as defective and all such materials, whether in place or not, will be rejected and shall be removed immediately from the right-of-way unless otherwise permitted by the Engineer. No material that has been rejected - the defects on which have been corrected or removed - shall be used until the Engineers written approval has been given. 6. FAILURE TO REMOVE DEFECTIVE MATERIALS Should Contractor fail or refuse to remove and renew any defective materials within the time indicated in writing, the Engineer shall have the authority to cause the unacceptable or defective materials to be removed and renewed at Contractor’s expense. Any expense incurred by the City in making these removals or renewals, which Contractor has failed or refused to make, shall be paid for out of any monies due or which may become due Contractor under this Contract, or may be charged against the "Contract Bond" deposited. SECTION VI - LEGAL RELATIONS AND RESPONSIBILITY TO PUBLIC 1. LAWS TO BE OBSERVED Contractor shall observe and comply with all laws, ordinances, regulations and decrees which may, at any time or in any manner, affect the equipment or materials used at the Project, the conduct of the Work or those employed to complete the Work. No plea of misunderstanding will be considered on account of the ignorance thereof. Contractor further agrees that in connection with the employment and hiring of the labor necessary for the performance of the Work, or any subcontract hereunder, Contractor will not discriminate against any person or persons contrary to the provisions of Minnesota Statutes 181.9, which is hereby incorporated by reference. 61 GC - 14 Contractor and Contractors Surety shall, indemnify and save harmless the City and all of its officers, agents and servants against any claim or liability arising from or based on the violation of any law, ordinance, regulation or decree, whether by itself or its employees. If Contractor shall discover any provisions in the Plans, Contract, or these Specifications or any direction of the Engineer or Inspector which is contrary to or inconsistent with any such law, ordinance, regulation or decree, Contractor shall immediately report its inconsistency to the Engineer in writing. 2. PERMITS AND LICENSES Contractor shall procure all permits and licenses as required in the Contract documents, pay all charges and fees and give all notices necessary and incidental to the due and lawful prosecution of the Work. 3. PATENTED DEVICES, MATERIALS AND PROCESSES If the Contract requires, or Contractor desires the use of any design, device, material or process covered by letter, patent or copyright, trademark or trade name, Contractor shall provide for such use by suitable legal agreement with the patentee or owner allowing use of such design, devise, material or process in the Work. A copy of said agreement shall be filed with the City. If no such agreement is made or filed as noted, Contractor and Contractors Surety shall indemnify and save harmless the City from any and all claims for infringement by reason of the use of any such patented design, device, material or process, or any trademark or trade name or copyright in connection with the Work agreed to be performed under the Contract, and shall indemnify the City for any costs, expenses and damages which it may be obliged to pay, including costs, expense and attorneys fees incident to litigation by reason of any such infringement at any time during the prosecution or after the completion of the Work. 4. SANITARY PROVISIONS Contractor shall observe and comply with all laws, rules and regulations of the State and Local Health Authorities and shall take such precautions as are necessary to avoid creating unsanitary conditions. Contractor shall provide and maintain suitable sanitary conveniences for the use of all persons employed on the Project. Such facilities shall be properly screened from public observation, in sufficient numbers, in such manner and at such points as shall be approved by the Engineer. Contractor shall rigorously prohibit committance of nuisances within, on or about the Work. Any employee found violating these provisions shall be discharged and not again employed on the Work without the written consent of the Engineer. Contractor shall supply sufficient drinking water to all of the work force employed, but only from such sources as shall be approved by 62 GC - 15 the Engineer. Contractor shall also obey and enforce such other sanitary regulations and orders and shall take such precautions against infectious disease as may be deemed necessary by the Engineer. 5. PUBLIC CONVENIENCE AND SAFETY, BARRICADES, LIGHTS AND WARNING SIGNALS Where the Work is carried on in or adjacent to any street, alley or public place, Contractor shall, at Contractors own cost and expense, furnish and erect such barricades, fences, lights and danger signals, and shall take such other precautionary measures for the protection of persons and property and of the Work as is necessary or required by the Contract Documents. Excavations in or adjacent to public streets or alley in which water stands more than one (1) foot deep or where banks of the excavation are subject to collapse or cave-in shall be securely barricaded with snow fence so as to prevent access by children and adults during the period when work is not being carried on at the site of excavation. Barricades shall be painted in a color and reflectorized in accordance with the provisions of the most current version of the Minnesota Manual of Uniform Traffic Control Devices (MMUTCD). From sunset to sunrise, Contractor shall furnish and maintain at least two (2) flashing lights at each barricade. A sufficient number of barricades shall be erected to keep vehicles from being driven on or into any of the Work and to warn pedestrians and children of the existence of the excavation at all open points. When a detour is necessary because a street is blocked by the Work, the Engineer shall designate its route and Contractor shall furnish and post detour signs at places designated approved by the Engineer. All signs shall be in accordance with the most current version of the MMUTCD and appendices. Contractor shall be responsible for all damage to the Work due to failure of barricades, signs, and lights to protect it, and whenever evidence of such damage is found, the Engineer may order the damaged portion immediately removed and replaced by Contractor at Contractors expense. Contractor’s responsibility for the maintenance of barricades, signs and lights, and for providing the watchmen, shall not cease until the Project has been accepted by the City. 6. MAINTENANCE OF DRAINAGE AND ACCESS TO MUNICIPAL AND PRIVATE UTILITIES On all Work, Contractor shall provide and maintain free access to gas valves, manholes and similar facilities. Contractor shall also provide and maintain free access to all fire hydrants, gate valves, manholes, and appurtenant equipment of the Citys water distribution and sanitary sewer systems. Contractor shall provide for the flow of all water courses, storm sewers and storm drains, and shall keep all gutters and waterways open or make other provisions for the free removal of storm water. Contractor shall be liable for any damages or costs 63 GC - 16 incurred by the City due to flood conditions, or backing up of sanitary or storm sewers or storm drains caused by the Work. Contractor also agrees to indemnify the City and its agents and employees against claims relating to or arising from any such backups or flooding. 7. SITES TO BE KEPT CLEAN Contractor shall clean and keep clean from waste materials or refuse resulting from its operations, the streets, the Work and public property occupied by Contractor. Equipment not usable on the Work shall be promptly removed and the adjacent premises maintained in a neat and orderly condition at all times. Advertising signs in general will not be permitted at the Project. 8. NOISE ELIMINATION Contractor shall eliminate noise to as great an extent as possible at all times. Air compressing plants shall be equipped with silencers, and the exhausts of all gasoline motors or other power equipment shall be provided with mufflers approved by the Engineer. 9. USE OF EXPLOSIVES If it is necessary to use explosives in the performance of the Work, Contractor shall take out permits and comply with all laws, ordinances and regulations governing same. Contractor shall fully protect all completed Work as well as all overhead, surfaces or underground structures and shall be liable for any damage done to the Work or other structures on public or private property and injuries sustained by persons by reason of the use of explosives in Contractors operations. Explosives shall be handled, used and fired only by experienced personnel. All firing shall be done by electricity. All explosive supplies shall be safely stored and protected in an approved manner. All such storage places shall be marked clearly, "DANGEROUS EXPLOSIVES ". Caps or other exploders shall not be stored at the place where dynamite or other explosives are stored. 10.PROTECTION AND RESTORATION OF PROPERTY Where the Work passes over or through private property, the City shall secure a license, right of entry, right-of-way agreement or easement. Contractor shall not receive any extra compensation or be entitled to any extras because of delay on the part of the City in obtaining right-of-way or easement access. Contractor shall not enter upon private property for any purpose without obtaining written permission from the property owner. Contractor shall, at Contractors own expense, protect and restore any public or private property damaged or injured in consequence of any act or omission on Contractors part or on the part of Contractors employees or subcontractors, to a condition equal to or better than that existing before such damage or injury occurred. If Contractor neglects to restore or make good such damage or injury, the Engineer may, upon forty-eight (48) hours notice, proceed to 64 GC - 17 restore or make good such damage or injury and to order the cost thereof deducted from any monies that are or may come due to Contractor. Contractor shall restore at Contractors own expense all parks, streets, alleys, roads, or public highways, and the public structures and improvements which may occupy such parks, streets, roads, alleys, or public highways, including but not limited to water mains, water connections and appurtenances, sewer, manholes, catch basins, and sewer connections, ornamental light poles, and cables. All persons, firms, trustees, and corporations having buildings, structures, works, conduits, mains, pipes, tracks, poles, wires, cables, ducts, or other physical structures and improvements in, over, or under the public lands, streets, roads, alleys, or highways, shall be notified by the City to shift, adjust, accommodate or remove any such interfering works so as to comply reasonably with the requirements of construction. Thereafter, Contractor shall be responsible for all just and proper claims for damages caused to or on account of such interference or removal, and shall at Contractors own cost and expense reimburse such persons, firms, trustees and corporations all just and proper claim for such removal and replacement or repair. Contractor shall include the cost of such interference, removal and replacement in the various affected unit and lump sum prices, and no separate payment will be made to Contractor for any cost involved by reason of any causes or situations arising from such interference, removal or replacement. Land monuments shall not be moved or otherwise disturbed except as may be directed by the Engineer. 11.EXISTING SURFACE, OVERHEAD AND UNDERGROUND STRUCTURES Prior to construction, Contractor shall obtain field locations or other assistance as may be required to determine the existence and location of gas mains and other private utilities, as well as public utilities of the City, County or State, which may be underground or overhead within street and highway rights-of-way or within easements and which may be interfered with by the Work. Existing underground, surface or overhead structures are not necessarily shown on the Plans, and those shown are only correct to the level of accuracy permitted by the locations both from field located and record drawings, established by the utility owners. The City does not assume any responsibility for the accuracy of the disclosed locations. Contractor shall be responsible for all verifying all utility location by contacting Gopher State One-Call (651.454.0002) prior to beginning the Work. Contractor shall also make such investigations as are necessary to determine the extent to which existing structures may interfere with the Work prior to submitting its Proposal. The sizes, locations and depths of such structures as are shown on the Plans and profiles are only approximate and Contractor shall satisfy itself as to the accuracy of the information given. 65 GC - 18 Contractor shall not claim or be entitled to receive compensation for any damages sustained by reason of the inaccuracy of the omission of any of the information given on the drawings relative to the surface, overhead or underground structures or by reason of Contractors failure to properly protect and maintain such structures. Contractor shall exercise extreme care in crossing, or working adjacent to, all utilities and shall be responsible to protect and maintain their operation during the Work. Contractor shall restore, at its expense, any public structures such as, including but not limited to, water mains, water connections, and appurtenances, sewers, manholes, catch basins, culverts, and sewer connections which are damaged or injured in any way by Contractors acts or the acts of its employees, agents or subcontractors. Contractor shall indemnify and save harmless the City from any suit, claim, demand or expense, including attorneys fees and costs, brought for or on account of any damage, maintenance, removal, replacement, or relocation of mains, conduits, pipes, poles, wires, cables or other structures of private utility firms or corporations whether underground or overhead, that may be caused or required by Contractor during the Work. However, in cases involving an overhead or underground privately owned utility installed and located in accordance with a permit issued by the City, if, in the opinion of the Engineer, the relocation of said utility is required to facilitate the Work, the City shall provide for such relocation, to the extent allowed under the permit or applicable law. 12.MAINTENANCE OF SERVICE IN EXISTING STRUCTURES All existing overhead, surface or sub-surface structures, together with all appurtenances and service connections except those otherwise provided for herein, encountered or affected in any way during Work shall be maintained in service at all times unless other arrangements satisfactory to the agencies responsible for such utility are made. The cost of this work shall be included in the price paid under the items applicable thereto and there shall be no separate payment for it. 13.RAILWAY AND HIGHWAY CROSSINGS Where the Work encroaches upon any right-of-way of any railway, State or County Highway, the City shall make application for the necessary easement or permit for the Work. Where railway tracks or highways are to be crossed, Contractor shall observe all regulations and instructions of the railway company and Highway Department and other applicable federal, state or local regulations as to methods of doing the Work, or precautions for safety of property and the public. Contractor will not be paid compensation for such railway or highway crossing applications or regulations unless otherwise provided for in the Proposal or other Contract Documents. 66 GC - 19 14.RESPONSIBILITY FOR LABOR, MATERIAL, EQUIPMENT AND DAMAGE CLAIM To the fullest extent permitted by law, Contractor shall indemnify and hold harmless the City and its agents and employees from and against claims, damages, losses, and expenses, including but not limited to attorneys fees, arising out of or resulting from performance of the Work, provided that such claim, damage, loss, or expense is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property, but only to the extent caused by the negligent acts or omissions of Contractor, a Subcontractor, anyone directly or indirectly employed by them, or anyone for whose acts they may be liable, regardless of whether or not such claim, damage, loss, or expense is caused in part by a party indemnified hereunder. Such obligation shall not be construed to negate, abridge, or reduce other rights or obligations of indemnity that would otherwise exist as to a party or person described in this Section or any other obligations of indemnity under the Contract Documents. In claims against any person or entity indemnified under this Section by an employee of Contractor, a Subcontractor, anyone directly or indirectly employed by them, or anyone for whose acts they may be liable, the indemnification obligation under this Section shall not be limited by a limitation on amount or type of damages, compensation, or benefits payable by or for Contractor or a Subcontractor under workers compensation acts, disability benefit acts, or other employee benefit acts. 15.CONTRACTOR’S RESPONSIBILITY FOR WORK Until acceptance, the Work and all materials shall be under Contractors charge and care, and Contractor shall take every reasonable precaution against injury or damage to the Work or to any part thereof by the action of the elements or from any other cause whatsoever. Contractor shall rebuild, repair, restore and make good, at Contractors own expense, all injuries or damages to any portion of the Work occasioned by any of the above causes before its completion and acceptance. 16.SAFETY PRECAUTIONS AND ACCIDENT PREVENTION Contractor shall observe and comply with all requirements of the Engineer as to the safety of the workforce to be employed on the Project. Contractor shall also comply with all safety measures recommended or required by any governmental agency, including the Department of Labor and Industry and the Division of Accident Prevention of the Industrial Commission of Minnesota, and with the requirements of the Workmen’s Compensation Act and any amendments thereto. Contractor shall be responsible for all safety issues on the Project. Contractor must, however, comply with all orders from the City for implementing any additional requirements relating to safety concerns. 67 GC - 20 17.REQUIREMENTS OF CONTRACT BOND The successful Bidder, at the time of the execution of the Contract, shall furnish, and at all times, maintain a satisfactory and sufficient PERFORMANCE BOND AND PAYMENT BOND, each in the full amount of the Contract, as required by law, with Sureties satisfactory to the City. The form of the Contract Bond is that required by Statute. Personal Sureties will not be approved. The Contract Bond shall be acknowledged by both principal and Surety, and the execution thereof witnessed by two witnesses as to each party. Minnesota Statutes, Chapter 13, requires that the City make all payment and performance bonds available for inspection and copying upon request. All claims on Contractors Bonds shall be brought in accordance with the requirements of Minnesota Statutes Chapter 574. 18.PUBLIC LIABILITY AND PROPERTY DAMAGE INSURANCE Contractor shall purchase and maintain, at Contractors own cost and expense, insurance of the types and limits of liability, containing endorsements and subject to the terms and conditions described herein and in the Contract Documents, including but not limited to property damage and public liability coverage. The City shall be named as an additional insured under Contractors policies of insurance. The policies of insurance shall indemnify the City and all of its officers, agents, consultants and employees, from all property or personal injury claims. Contractor shall not commence the Work until it has obtained all the insurance described below, provided proof of such coverage to the City, and the City has approved Contractors insurance. All policies and certificates shall provide that the policies shall remain in force and effect throughout the term of the Contract. A. Policy Requirements i) Workers Compensation Insurance: a. Statutory Compensation Coverage: b.Coverage B Employers Liability with limits of not less than: 1. $100,000 Bodily Injury per Disease per Employee 2. $500,000 Bodily Injury per Disease Aggregate 3. $100,000 Bodily Injury by Accident ii) Automobile Liability Insurance: a. Minimum Limits of Liability: 1. $2,000,000 Per Occurrence Bodily Injury and Property Dama ge Combined Single Limit b. Coverages: X Owned Automobile, if any X Non-Owned Automobile 68 GC - 21 X Hired Automobile X City of Golden Valley named as Additional Insured iii) General Liability Insurance: a. Minimum Limits of Liability: 1. $2,000,000 Per Occurrence 2. $3,000,000 Annual Aggregate b. Coverages: X Bodily Injury X Property Damage X Personal Injury X Blanket Contractual X City of Golden Valley named as Additional Insured iv) Professional Liability/Miscellaneous Liability Insurance: Coverage for negligent acts, errors or omissions arising out of the performance of professional services included in the Contract coverage shall continue for a minimum of five (5) years. a. Minimum limit of liability of $2,000,000 per occurrence b. Deductible not to exceed $5,000 (if in excess, submit certified financial statement) c. If Claims-Made, please complete the following: If prior acts coverage is restricted, advise the retroactive date of coverage: ______________. Contractors policy(ies) shall be primary and non-contributory to any other valid and collectible insurance available to the City with respect to any claim arising out of this Contract, and shall provide the City with thirty (30) days advance written notice of cancellations, non-renewals or reduction in limits or coverage or other material change. Contractor is responsible for payment of insurance deductibles. If Contractor is self- insured, a Certification of Self-Insurance must be attached. Insurance companies must have an AM Best rating of A-, class V or better, and be authorized to do business in the State of Minnesota and must be satisfactory to the City. Each subcontractor shall furnish property damage and public liability insurance that complies with all of the requirements stated, except as to amounts. Subcontractors shall furnish property damage insurance and public liability insurance in amount proportionate to their respective subcontracts, but such amounts shall be satisfactory to the Engineer. 69 GC - 22 19.WORKMEN’S COMPENSATION INSURANCE Contractor shall furnish Workmen’s Compensation Insurance for its employees, and must comply with all Workmen’s Compensation Laws for the state of Minnesota. The insurance company or companies, or the manner in which the compensation insurance is carried, must be satisfactory to the City and to the Minnesota Industrial Commission. The cost of Workmen’s Compensation Insurance shall be included in all lump sum and unit cost items under this Contract. 20.COMPLIANCE WITH EXISTING CONTRACTS BETWEEN THE CITY OF GOLDEN VALLEY AND OTHERS Contractor shall familiarize itself with all terms and provisions of contracts between the City of Golden Valley and the City of Minneapolis in regards to wholesale purchase of potable water; and with the Cities of Crystal and New Hope for the storage distribution of potable water as may apply. Contractor shall similarly familiarize itself with other contracts between the City of Golden Valley and other municipalities, firms, corporations, or individuals relating in any manner whatsoever to the subject matter of this Contract and shall conform to all of the requirements of said contracts and shall do nothing which shall violate any of the provisions or conditions imposed upon the City. SECTION VII - PROSECUTION AND PROGRESS 1. SUBLETTING OR ASSIGNMENT OF CONTRACT Contractor shall not sublet, sell, transfer, assign or otherwise dispose of the Contract or any portion thereof, or of the Work, or of Contractors right, title or interest therein, to any person, firm or corporation without the written consent of the City and Contractor’s Surety, and such consent shall not relieve Contractor in any way of full responsibility for the performance of this Contract. Contractor shall include a list of subcontractors with the Proposal. The City reserves the right to reject any or all of the subcontractors. 2. PROSECUTION OF WORK All dealings of the City will be with Contractor. No Work shall be started until the Contract has been executed and written notice to proceed has been given to Contractor. Definite notice of intention to start the Work shall be given to the City at least five (5) days in advance of beginning the Work. Such starting time shall be within ten (10) calendar days after the date of receipt by Contractor of written notice to proceed. The official starting time shall be taken as the date on which Contractor is notified in writing by the Engineer that Contractor has fulfilled all preliminary requirements of 70 GC - 23 the City. The official Contract Time shall be in accordance with the Special Conditions. Should the prosecution of the Work be discontinued temporarily by Contractor for any reason, Contractor shall notify the Engineer at least twenty-four (24) hours before again resuming operations and shall not resume operations until it receives written approval from the Engineer. Unless otherwise provided for elsewhere in these Specifications, Contractor shall notify the City of the location at which Contractor intends to begin operations. The Engineer shall have the right to change the point of beginning or the points of operation of Contractor’s work force. The Work shall be prosecuted in such manner as to ensure its completion within the Contract Time. In case of failure to prosecute the Work in such a manner as to ensure its completion within the Contract Time, the Engineer shall have the right to require Contractor to place in operation such additional force and equipment as are deemed necessary by the Engineer. 3. LIMITATIONS OF OPERATIONS In case of a dispute arising between two or more Contractors engaged on the same work as to the respective rights or each under these Specifications, the Engineer shall determine the matters at issue and shall define the respective rights of the various interests involved in order to secure the completion of all parts of the Work in harmony and with satisfactory results. Any such decisions by the Engineer shall be final and binding on all parties and shall not in any way give rise to or provide a basis for a claim for extra compensation by any of the parties. 4. CHARACTER OF WORKMEN AND EQUIPMENT Contractor shall employ such superintendents, foremen and workmen as are careful and competent, and the Engineer may demand in writing the dismissal of any person or persons employed by Contractor in, about or upon the Work, who engages in misconduct, or who is incompetent or negligent or refuses to comply with the direction given. Any such person or persons shall not be employed again at the Project without the written consent of the Engineer. Should Contractor continue to employ such person or persons at the Project, the City may withhold all payments which are or may become due, or the Engineer may suspend the Work until the offending persons are dismissed. Contractor shall not employ any minors, as defined by the Minnesota Workmen’s Compensation Act, on the Project. Contractor shall keep on the Project, during its progress, a competent superintendent and any necessary assistants, all satisfactory to the Engineer. The Superintendent shall meet all requirements contained in the Contract Documents, including but not limited to those enumerated in Section 10 of the Special Conditions, and shall not be changed except with the consent of the Engineer, unless the superintendent proves unsatisfactory to Contractor and ceases to be in Contractors employ. The superintendent shall represent Contractor in all matters 71 GC - 24 and have the authority to obtain equipment and manpower as needed to complete the Work. All directions given to the superintendent shall be as binding as if they were given to Contractor. All machinery and equipment owned or controlled by Contractor which is proposed to be used by Contractor on the Work shall be of sufficient size and in such mechanical condition as to meet with the requirements of the Work and to produce a satisfactory quality of work. When so ordered by the Engineer, in writing, unsatisfactory equipment shall be removed and replaced with equipment which will satisfactorily perform the Work. No change in the machinery and equipment employed on the Project that has the effect of decreasing its capacity shall be made except by written permission of the Engineer. The measure of the capacity of machinery and equipment shall be its actual performance of the Work. Failure of Contractor to provide adequate equipment may result in the annulment of the Contract as hereinafter provided. 5. CONTRACTOR’S RIGHT TO REQUEST CHANGES If Contractor discovers, prior to or during construction anything in the Plans or Specifications or in the supplementary directions issued by the Engineer which, in the opinion of Contractor, appears to be faulty engineering or design, Contractor shall immediately advise the Engineer in writing of Contractors concerns. If no objection is raised by Contractor under the provisions of this paragraph, Contractor waives any right to contest the provisions of the Contract on the basis of faulty engineering or design. 6. TEMPORARY SUSPENSION OF WORK The Engineer shall have the authority to suspend the Work, wholly or in part, for such a period or periods as the Engineer may deem necessary due to conditions considered unfavorable for the suitable prosecution of the Work, or for such time as is necessary due to failure on the part of Contractor to carry out orders or perform any or all provisions of the Contract. If the Engineer directs Contractor in writing to suspend the Work, Contractor shall store all materials and equipment in such a way as to not obstruct or impede public travel or work on adjacent contracts. Contractor shall not suspend the Work without written authority from the Engineer. 7. SUBSTANTIAL COMPLETION When Contractor considers that the Work, or a portion thereof which the City agrees to accept separately, is substantially complete, Contractor shall prepare and submit to the Engineer a comprehensive list of items to be completed or corrected prior to final payment. Failure to include an item on such list does not alter the responsibility of Contractor to complete all Work in accordance with the Contract Documents. 72 GC - 25 Upon receipt of Contractors list, the Engineer or the Inspector shall inspect the Work to determine whether it is substantially complete. If the inspection discloses any item, whether or not included on Contractors list, which is not sufficiently complete in accordance with the Contract Documents so that the City can occupy or utilize the Work or designated portion thereof for its intended use, Contractor shall, before issuance of the Certificate of Substantial Completion, complete or correct such item. In such case, Contractor shall then submit a request for another inspection by the Engineer to determine Substantial Completion. When the Work or designated portion thereof is substantially complete as determined by the Engineer, the Engineer shall prepare a Certificate of Substantial Completion that shall establish the date of Substantial Completion; establish responsibilities of the City and Contractor for security, maintenance, damage to the Work and insurance; and fix the time within which Contractor shall finish all items on the list accompanying the Certificate. Warranties required by the Contract Documents shall commence on the date of Substantial Completion of the Work or designated portion thereof unless otherwise provided in the Certificate of Substantial Completion. The Certificate of Substantial Completion shall be submitted to the City and Contractor for their written acceptance of responsibilities assigned to them in the Certificate. Upon such acceptance, and consent of surety if any, the City shall make payment of retainage applying to the Work or designated portion thereof. Such payment shall be adjusted for Work that is incomplete or not in accordance with the requirements of the Contract Documents. 8. DETERMINATION AND EXTENSION OF CONTRACT TIME FOR COMPLETION Contractor shall perform fully, entirely, and in an acceptable manner, the Work contracted for within the time stated in the Contract. If Contractor finds that it will be impossible to complete the Work on or before the Contract Time, Contractor shall request an extension of the Contract Time as set forth in Section 4 of the Special Conditions. 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 as provided for in Paragraph 7 below, except that it shall not be necessary to give Contractor written ten (10) days notice for such forfeiture. 9. FAILURE TO COMPLETE WORK ON TIME Should Contractor fail to complete the Work on or before the Contract Time, taking into consideration all agreed upon extensions, the City may permit Contractor to 73 GC - 26 proceed and there shall be deducted from any monies due or that may become due Contractor the amount agreed upon as liquidated damages under section 4 the Special Conditions of the Agreement. Liquidated damages shall continue to accrue until the unfinished Work is completed whether Contractor finishes the Work or the Work is finished by an alternate contractor. Permitting Contractor to continue and finish the Work or any part of it after the Contract Time, or after the date to which the Contract Time may have been extended, shall in no way operate as a waiver on the part of the City of any of its rights. Neither by the taking over of the Work by the City, nor by the annulment of the Contract, shall the City forfeit the right to recover liquidated damages from Contractor or Contractors Surety for failure to complete the Contract. 10.RIGHT OF THE CITY TO DECLARE CONTRACTOR IN DEFAULT In addition to those instances specifically referred to in the Contract Documents, the City shall have the right to declare Contractor in default of the whole or any part of the Work if: A. Contractor becomes insolvent; B. Contractor makes an assignment for the benefit of creditors pursuant to the Statutes of the State of Minnesota; C. A voluntary or involuntary petition in bankruptcy be filed by or against Contractor; D. Contractor fails to commence work when notified to do so by the Engineer; E. Contractor shall abandon the Work; F. Contractor shall refuse to proceed with the Work when and as directed by the Engineer; G. Contractor shall, without just cause, reduce its working force to a number which, if maintained would be insufficient, in the opinion of the Engineer, to complete the Work in accordance with the approved progress schedule, and shall fail or refuse to sufficiently increase such working force when ordered to so by the Engineer; H. Contractor shall sublet, assign, transfer, convey or otherwise dispose of this Contract other than as herein specified; I. A receiver or receivers are appointed to take charge of Contractor’s property or affairs; J.The Engineer shall be of the opinion that Contractor is or has been knowingly, willfully or in bad faith, violating any of the provisions of this Contract; K. The Engineer shall be of the opinion that Contractor is or has been unnecessarily, unreasonable or willfully delaying the performance and completion 74 GC - 27 of the Work, or the award of a necessary subcontract or the placing of necessary material or equipment orders; L. The Engineer shall be of the opinion that the Work cannot be completed within the Contract Time, taking into consideration all agreed upon amendments to the Contract Time; provided, however, that the impossibility of timely completion is, in the Engineer’s opinion, attributable to conditions within Contractor’s control; M. The Engineer shall be of the opinion that Contractor is not or has not been executing the Contract in good faith and in accordance with its terms; or N. The Work is not completed within t within the Contract Time, taking into consideration all agreed upon amendments to the Contract Time. Before the City shall exercise its right to declare Contractor in default by reason of the conditions set forth in items numbered 1, 4-7, 10-13, or 14, it shall give Contractor an opportunity to be heard, on two days notice, at which hearing Contractor may have a stenographer present; provided, however, that a copy of such stenographic notes, if any, shall be furnished to the City. The right to declare in default for any of the grounds specified or referred to above shall be exercised by sending Contractor a notice, signed by the Engineer, setting forth the grounds upon which such default is declared. Upon receipt of such notice, Contractor shall immediately discontinue all further operations under this Contract and shall immediately quit the site, leaving untouched all plant, materials, equipment, tools and supplies then on the site. 11.COMPLETION OF THE WORK AFTER DEFAULT The City, after declaring Contractor in default, may then have the Work completed by such means and in such manner, by contract with or without public letting or otherwise, as it may deem advisable, utilizing for such purpose such of Contractor’s plant, materials, equipment, tools, and supplies remaining on the site, and also such subcontractors as it may deem advisable. After such completion, the Engineer shall make a certificate stating the expense incurred in such completion, which shall include the cost of re-letting and also the total amount of liquidated damages (at the rate provided for in the Specifications) from the date when the Work should have been completed by Contractor in accordance with the Contract Documents to the date of actual completion of the Work. Such certificate shall be binding and conclusive upon Contractor in accordance with the terms hereof to the date of actual completion of the Work. Such certificate shall be binding and conclusive upon Contractor, Contractors Sureties, and any person claiming under Contractor, as to the amount thereof. The expense of such completion, as so certified by the Engineer shall be charged against and deducted out of such monies as would have been payable to Contractor 75 GC - 28 if it had completed the Work; the balance of such monies, if any, subject to the other provisions of this Contract, to be paid to Contractor without interest after such completion. Should the expense of such completion exceed the total sum which would have been payable under this Contract if the same had been completed by Contractor, any such excess shall be paid by Contractor to the City upon demand. If Contractor fails to pay the City promptly for such excess costs, the City may at its discretion submit a claim to Contractors Surety for such reimbursements. 12.PARTIAL DEFAULT In case the City shall declare Contractor in default as to a part of the Work only, Contractor shall discontinue such part, shall continue performing the remainder of the Work in strict conformity with the terms of the Contract, and shall in no way hinder or interfere with any other contractors or persons whom the City may engage to complete the Work as to which Contractor was declared in default. The provisions of the clauses herein relating to declaring Contractor in default as to the entire Work shall be equally applicable to a declaration of partial default, except that the City shall be entitled to utilize for completion of the Work as to which Contractor was declared in default only such plant, materials, equipment, tools and supplies as had been previously used by Contractor on such part. 13.TERMINATION OF CONTRACTOR’S RESPONSIBILITY Except as otherwise provided for in these Specifications and in Contractors bond, Contractors responsibility for all Work and materials under this Contract shall continue until the expiration date of the warranty. The warranty shall commence on the date of Final Completion of the Work. SECTION VIII - MEASUREMENT AND PAYMENT 1. MEASUREMENT OF QUANTITIES Measurement of all Work acceptably completed will be made in accordance with the system in which the Contract is let, either U.S. Standard or International System (metric). Such measurements will be used as a basis for the computation of the quantities of Work performed. Quantities designated to be measured by linear units will be taken horizontally. Where Work is to be paid for by units of length, area, volume or mass, only the net amount of Work actually performed, as it shall appear in the finished Work and measured as hereinafter specified shall be paid for, local customs to the contrary notwithstanding. Calculation of area quantities where the computation of the areas by geometric methods would be comparatively laborious, it is stipulated and agreed that the Citys computer aided drafting system shall be used as the method of measurement. 76 GC - 29 2. SCOPE OF PAYMENT Contractor shall receive and accept the compensation as herein provided, in full payment for furnishing all materials, labor, tools, equipment, royalties, fees, insurance, permits, bonds, etc., and for performing all Work contemplated and embraced under the Contract, also for all loss or damage arising out of the nature of the Work, or from the action of the elements, the expiration of the warranty to the City, and for all risks connected with the prosecution of the Work, also for all expenses incurred by, or in consequence of the suspension or discontinuance of said prosecution of the Work as herein specified, and for completing all of the Work embraced in the Contract. 3. WORK COVERED BY CONTRACT PRICE Contractor shall, under Contractors contract unit prices, furnish and pay for, al l material and incidental work, furnish all accessories, and do everything which may be necessary to carry out the Contract in good faith, which contemplates everything completed, in good working order, of good material, with good and accurate workmanship. 4. BASIS OF PAYMENT Where Work is to be paid by linear, area, volume, mass, or by each individual units Contractor s cost for all materials, labor, tools and equipment required to complete the Work, notwithstanding that while the Work may not be fully shown on the drawings, it may be described in the Specifications and vice-versa. 5. PAYMENTS FOR INCREASED OR DECREASED QUANTITIES Whenever the quantity of any item of Work as given in the Proposal shall be increased or decreased, payment for such item of Work will be made on the basis of the actual quantity completed at the unit price for such item named in the Proposal, except as otherwise provided in Section III - Paragraph 2 of these General Conditions, and in the detail Specifications for each class of Work. 6. PAYMENT FOR SURPLUS MATERIALS Payment for materials that have been ordered in furtherance of the Work, but that are not to be used because (1) of cancellation of the Contract or a portion thereof; (2) of an order to terminate the Work before completion of the entire unit; or (3) the quantity ordered by the Engineer was in excess of the quantity needed, will be made in accordance with this section, unless Contractor or one of Contractor s suppliers elects to take possession of the surplus material without expense to the City. Payment for surplus materials that have been purchased and shipped or delivered to the Project will be made at the Contract bid price when the pay item covers the furnishing and delivering of the material only. 77 GC - 30 When the Contract bid price covers the furnishing and placing of the material, the City will take possession of the surplus materials that have been purchased and shipped or delivered to the Project, or will order the material returned to the supplier for credit and will pay the Contractor the actual purchase price of the material plus transportation costs, to which will be added fifteen percent (15%) of the total thereof, and from which will be deducted any credits received by the Contractor for materials returned. Materials that have been ordered but have not been consigned for shipment shall be paid for upon delivery the same as materials in transit or delivered only when the supplier is unwilling to cancel or modify the order such as in the case of materials requiring special manufacture, fabrication, or processing so as to be unsuitable for general use. In no case shall payment for surplus materials exceed the Contract Price for the materials complete in place. Contractor shall furnish invoices or an affidavit showing the purchase price and transportation charges on materials to be taken over by the City. Surplus materials that are taken over by the City shall be delivered to the storage sites designated by the Engineer. Except as above provided, no payment shall be made to Contractor for any materials that are not incorporated in the Work. Materials shall be ordered in the quantities needed unless a specific quantity is to be furnished by direct order of the Engineer. 7. CLAIMS AND PROTESTS A. General A Claim is a demand or assertion by one of the parties seeking, as a matter of right, payment of money, a change in the Contract Time, or other relief with respect to the terms of the Contract. The term Claim also includes other disputes and matters in question between the City and Contractor arising out of or relating to the Contract. The responsibility to substantiate Claims shall rest with the party making the Claim. This Section does not require the City to file a Claim in order to impose liquidated damages in accordance with the Contract Documents. B. Time Limit on Claims The City and Contractor shall commence all Claims and causes of action against the other and arising out of or related to the Contract, whether in contract, tort, breach of warranty or otherwise, in accordance with the requirements of this Section and within the period specified by applicable law, but in any case not more than one year 78 GC - 31 after the date of Substantial Completion of the Work. The City and Contractor waive all Claims and causes of action not commenced in accordance with this Section. C. Notice of Claims Claims by either the City or Contractor shall be initiated by notice to the other party and shall be initiated within ten (10) days after occurrence of the event giving rise to such Claim or within ten (10) days after the claimant first recognizes, or reasonably should have recognized, the condition giving rise to the Claim, whichever is later. Any Claim not made within ten (10) days shall be deemed waived. D. Continuing Contract Performance Pending final resolution of a Claim, except as otherwise agreed in writing, Contractor shall proceed diligently with performance of the Contract and the City shall continue to make payments in accordance with the Contract Documents. The Contract Price and Contract Time shall be adjusted in accordance with the resolution of the Claim, subject to the right of either party to proceed in accordance with this section. E. Claims for Additional Cost If Contractor wishes to make a Claim for an increase in the Contract Price, notice as provided in Subsection 1C above shall be given before proceeding to execute the portion of the Work that is the subject of the Claim. Prior notice is not required for Claims relating to an emergency endangering life or property. F. Claims for Additional Time If Contractor wishes to make a Claim for an extension of the Contract Time, Contractor shall request an extension as set forth in Section 4 of the Special Conditions. G. Mediation Claims, disputes, or other matters in controversy arising out of or related to the Contract, except those waived as provided for in the Contract Documents, shall be subject to mediation as a condition precedent to commencement of litigation. The parties shall endeavor to resolve their Claims by mediation which shall be administered by a mediator mutually agreed upon by the parties. A request for mediation shall be made in writing, delivered to the other party to the Contract and shall be completed within ninety (90) days from the date the request for mediation was delivered to the other party. The parties shall share the mediators fee and any filing fees equally. The mediation shall be held in Hennepin County, Minnesota, unless another location is mutually agreed upon. Agreements reached in mediation shall be enforceable as settlement agreements in any court having jurisdiction thereof. 79 GC - 32 8. PAYMENT FOR UNCLASSIFIED AND FORCE ACCOUNT WORK Unclassified Work authorized by the Engineer, will be paid for at a unit price, lump sum or on a Force Account basis. All Force Account Work shall be paid for in the following manner: A. For all labor and foremen in the direct charge of the specific Work, Contractor will receive the actual wages paid for each and every hour that said labor and foreman are actually engaged in such Work, plus the cost of bond, insurance and taxes, to which cost shall be added twenty (20) percent of the sum thereof. No charge shall be made by Contractor for organization or overhead expense. B. For all materials used, Contractor will receive the actual cost of such materials including freight charges as shown by original receipted bills, to which cost shall be added ten (10) percent of the sum thereof. Where materials are specifically purchased for use on Unclassified Work but are taken from Contractor’s stock, Contractor shall submit an affidavit of the quantity, price and freight on such materials in lieu of original bills and invoices. This affidavit shall be approved by the Engineer. C. For any machinery, trucks or equipment, including fuel and lubricants, which it may be deemed necessary or desirable to use, Contractor will receive a reasonable rental price, to be agreed upon in writing before such Work is begun, for each and every hour that said machinery, trucks and equipment are in use on such Work, and to which sum no percentage will be added. Such rental price shall not exceed the rates established by the A.G.C. for this district. The compensation as herein provided shall be received by Contractor as payment in full for Unclassified Work done by Force Account and said twenty (20) percent for labor and said ten (10) percent for materials shall be agreed to cover profit, superintendence, general expense, overhead, and the use of small tools and equipment for which no rental is allowed. Contractor or Contractors representative and the Engineer or the Engineers representative shall compare records of Force Account Work at the end of each day. Copies of these records shall be made in triplicate on Force Account forms, provided for this purpose by the Engineer and signed by both parties. To all such claims for Force Account Work, Contractor shall attach receipted bills for, or affidavit of, materials used and freight receipts covering freight on such materials used, and said claims shall be presented to the Engineer for payment not later than the twentieth (20th) day of the month following that in which the Work was actually performed and shall include all labor charges and material charges insofar as they can be verified. Should Contractor refuse or fail to prosecute such Unclassified Work as directed, or to submit this claim as required, the City may withhold payment of all current 80 GC - 33 estimates until Contractor’s refusal or failure is eliminated, or, after giving Contractor due notice, the City may make payment for said Work on a basis of a reasonable estimate of the value of the Work performed. 9. PARTIAL PAYMENTS Unless payments are withheld by the City for reasons herein before stated, payment will be made at least once a month on a basis of ninety-five (95) percent of the Work done, provided that the Work is progressing to the satisfaction of the Engineer; provided further, however, that when ninety-five (95) percent or more of the Work is completed, the City, in its sole discretion, may determine that something less than five (5) percent need be retained to protect the City’s interest in satisfactory completion of the Contract. Monthly estimates may include the value of acceptable materials required for the Work, which have been delivered to the Project, and for which acceptable provisions have been made for the preservation and storage. From the total value of the materials so reported, five (5) percent shall be retained. Such material, when so paid for by the City, shall become the property of the City and in the event of default on the part of Contractor, the City may use or cause to be used such materials in the construction of the Work provided for in the Contract. The amount thus paid by the City for materials shall go to reduce estimates due Contractor as the materials are used in the Work. Minnesota Statutes, Sections 337.10, subd. 3 and 471.425, subd. 4a, requires that Contractor pay any subcontractors within ten (10) days after receipt of payment from the City for undisputed services provided by the subcontractor. Contractor shall provide proof to the City of payment to subcontractors in the form of check copies or receipts. If Contractor fails to make payments to subcontractors for undisputed Work, Contractor shall pay interest of one and one-half percent (1-1/2%) per month of any amounts not paid on time to subcontractors, with a minimum monthly interest penalty payment of ten dollars ($10). No release of any retained percentage will be made without the written approval of the Surety or Sureties, which approval shall be obtained by Contractor. Any such release may be optional with the City. 10.FINAL PAYMENT Upon receipt of Contractors notice that the Work is ready for final inspection and acceptance, the Engineer shall promptly make such inspection as provided in section IV(10) of these General Conditions. When the Engineer finds the Work acceptable under the Contract Documents and the Contract fully performed, the Engineer will prepare a final estimate containing complete quantities of each and every item of Work performed by Contractor, and the value thereof (the Final Pay Estimate). Upon acceptance of the Final Pay Estimate by Contractor, the Engineer will (i) issue a Certificate of Final Completion; (ii) forward the Certificate of Final 81 GC - 34 Completion and Final Pay Estimate to the City Finance Director for payment; and (iii) notify Contractor and Contractors Surety or Sureties of the acceptance of the Work. The date of Final Completion of the Contract shall be the date on the Certificate of Final Completion and the action of the City by which Contractor is bound and the Contract concluded shall be evidenced by the Certificate of Final Completion and Final Payment. All prior certificates or estimates upon which payments may have been made are merely partial estimates and subject to correction in the final payment. 11.CERTIFICATE OF COMPLIANCE OF MINNESOTA WITHHOLDING TAX Final payment will not be made until Contractor shall have filed with the City evidence, in the form of an affidavit, lien waiver or such other evidence as may be required, that all claims against Contractor by reason of the Contract have been fully paid or satisfactorily secured. In case such evidence is not furnished, the City may retain out of any amount due said Contractor sums sufficient to cover all lienable claims unpaid. 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. Receipt by the City Engineer of a Certificate of Compliance from the Commissioner of Taxation will satisfy this requirement. 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. SECTION IX - MISCELLANEOUS PROVISIONS 1. NONDISCRIMINATION. Contractor agrees: A. That it shall not, in the hiring of labor or employees for the performance of any work under this Agreement, by reason of any race, creed, color, national origin, sex, gender identity, sexual orientation, or disability discriminate against any person who is qualified and available to perform the Work; B. That it shall not, in any manner, discriminate against, intimidate or prevent the employment of any person identified in clause (a) of this section, or on being hired, prevent or conspire to prevent, the person from the performance of any 82 GC - 35 work under this Agreement on account of the persons race, creed, color, national origin, sex, gender identity, sexual orientation, or disability; and C. That it shall not intentionally refuse to do business with, refuse to contract with, or discriminate in the terms, conditions, or performance of any agreement related to the Work to be performed under this Agreement because of a persons race, creed, color, national origin, sex, gender identity, sexual orientation, or disability, unless the alleged refusal is because of a legitimate business purpose. 2. GOVERNMENT DATA. Contractor acknowledges that, to the extent this Agreement requires Contractor to perform a government function, all of the data created, collected, received, stored, used, maintained or disseminated by Contractor in performing government functions is subject to the requirements of the Minnesota Government Data Practices Act (Minn. Stat. § 13.01 et. seq. the MGDPA), except to the extent the data is privileged pursuant to an exception to or exclusion from the MGDPA, and that Contractor must comply with the MGDPA as if Contractor were a government entity, including the remedies in Minn. Stat. §13.08, subject to any other appropriate exception to or exclusion from the MGDPA. Contractor agrees to promptly notify the City of any request for data that Contractor receives related to this Agreement. 3. VENUE AND FORUM. This Agreement shall be interpreted in accordance with Minnesota law and any suit or litigation between the parties arising out of this Agreement shall be filed, tried and litigated only in Hennepin County District Court in the state of Minnesota. 4. COUNTERPARTS. This Agreement may be executed in any number of counterparts, including electronically. Each counterpart constitutes an original and all counterparts collectively constitute one and the same instrument. The signatures of the parties need not appear on the same counterpart. 5. ELECTRONIC SIGNATURES. Except as otherwise stated herein, documents executed, scanned and transmitted electronically and electronic signatures shall be deemed original signatures for purposes of this Agreement and all related matters. All scanned and electronic signatures shall have the same legal effect as original signatures. This Agreement, any other document necessary for the consummation of the transaction contemplated by this Agreement may be accepted, executed or agreed to through the use of an electronic signature in accordance with the Uniform Electronic Transactions Act, Minnesota Statutes Chapter 325L. Any document accepted, 83 GC - 36 executed or agreed to in conformity with such laws will be binding on each party as if it were physically executed. 6. NOTICES. Any notices or communications required or permitted by this Agreement must be (i) given in writing; and (ii) personally delivered, mailed, by prepaid certified mail, or transmitted by facsimile or electronic mail transmission (including email or PDF), to the intended party at the mailing address or email address of such party as follows: To City:To Contractor: City of Golden Valley Attn: Jeff Oliver 7800 Golden Valley Road Golden Valley, MN 55427 joliver@goldenvalleymn.gov 7. SEVERABILITY If any term or provision of the Contract Documents shall be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby and such provision shall be ineffective only to the extent of such invalidity, illegality or unenforceability. 8. NO WAIVER OF LEGAL RIGHTS Duties and obligations imposed by the Contract Documents and rights and remedies available thereunder shall be in addition to and not a limitation of duties, obligations, rights, and remedies otherwise imposed or available by law. No action or failure to act by the City, or Engineer shall constitute a waiver of a right or duty afforded them under the Contract, nor shall such action or failure to act constitute approval of or acquiescence in a breach thereunder, except as may be specifically agreed upon in writing. RES Great Lakes, LLC Attn: Matt Lasch 20276 Delaware Ave Jordan MN, 55352 mlasch@res.us 84 EXECUTIVE SUMMARY Community Development 763-512-2345 / 763-512-2344 (fax) Golden Valley City Council Meeting August 2, 2023 Agenda Item 3C.2. Approve Professional Services Agreement with Bolton and Menk for Design and Construction Services on Adair Avenue Watermain Rehabilitation Project No. 23-17 Prepared By RJ Kakach, PE, Assistant City Engineer Jeff Oliver, PE, City Engineer Summary Adair Avenue at Duluth Street (County Road 66) has been one of the worst areas for watermain breaks in recent history. Since the watermain was installed in the 1960s, there have been 22 watermain breaks, with 11 of those breaks occurring in the last two years. The 11 breaks in the last two years have cost over $150,000 in repairs. This area is notorious for corrosive soils that degrade the watermain to a point of failure. This is known based on the break history on Adair Avenue, and the similarities between this street and adjacent Brunswick Avenue, both of which have had numerous breaks at Duluth Street. Brunswick Avenue across Duluth Street was lined in 2011. Due to the break history and the rate at which this watermain has been failing recently, staff is recommending a rehabilitation project on this pipe. A proposal was received from Bolton Menk, Inc., the same consulting engineering firm that designed and oversaw construction on the Glenwood Avenue Watermain Rehabilitation project. The attached proposal was received July 18, 2023. Financial or Budget Considerations The total cost for Bolton and Menk, Inc. to provide design and construction services for the Adair Avenue Watermain Rehabilitation Project is $109,714. Anticipated funding for these services is included in the 2024 Water and Sanitary Sewer CIP Program (W&SS-125) in the amount of $750,000. Legal Considerations The City Attorney has not reviewed the agreement; however, the agreement was created using an approved template without changes to the template. Equity Considerations No equity review was completed for this item and staff did not conduct an RFP for these services. Recommended Action Motion to authorize the Mayor and City Manager to execute a professional services agreement with Bolton and Menk, Incorporated for design services and construction observation on the Adair Avenue 85 Watermain Rehabilitation Project No. 23-17, for an amount not to exceed $109,714. Supporting Documents Adair Ave N WM Break and Project Location Map PSA for Adair Avenue Watermain Rehabilitation Project 86 !(!(!(òÛ !(!(!(!(!(!(!(!(!(!(!(!(") ")")") ") ") ") ") ") ") ") ") ") ") ") ") ") ") !(!(!(G!. G!. G!. G!. G!. G!.GFGFGFGFGFGFGFGFGFGFGFGFGFGFGFGFGFGFGFGFGFGFGFGFGFGFGFGFGFGFGFGFGFGFGFGFGFGFGFGFGF7/1/1988 7/1/1991 7/1/1978 7/1/1983 9/7/2022 1/6/2022 6/4/2018 7/5/2015 7/1/2009 7/1/2002 7/1/2001 7/1/1973 7/1/2009 4/23/2023 3/26/2023 5/29/2022 5/29/2022 5/29/2022 5/29/2022 7/26/2022 5/29/2022 7/16/2015 11/3/2006 10/12/2021 10/12/2021 12/15/2013 12/15/2013 317315314313310309306305304301 216 215 211 204 203 100 113 103 101 6033 1928 1930 6035 5925 2101 2040 2041 2020 2025 2010 6000 2000 1970 1950 1920 1921 6020 191060506000 1880 1801 6'' CIP8'' CIP 8'' DIP 6'' CIP CIPP6'' CIP6'' CIP6'' CIP6 '' C IP 6'' CIP6'' CIP8'' CIPAdair Ave NDuluth Ln Kenneth Way Duluth St Brunswick Ave NBrunswick Ave NAdair Ave NDuluth St Duluth St Duluth St 0 120 24060Feetby the City of Golden Valley, 7/25/2023 I Adair Avenue NWater Main Rehab Project Location Water Main Break History by Decade GF2020s GF2010s GF2000s GF1990s GF1980s GF1970s 87 PROFESSIONAL SERVICES AGREEMENT FOR GOLDEN VALLEY 2024 WATERMAIN REHABILITATION PROJECT CONSULTING SERVICES THIS AGREEMENT is made this August 2, 2023 (“Effective Date”) by and between Bolton & Menk (“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 Engineering consulting services. B. The City desires to hire Consultant to provide engineering design and constructions services for the 2024 Watermain Rehabilitation Project on Adair Avenue, Golden Valley. C. Consultant represents that it has the professional expertise and capabilities to provide the City with the requested 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 design and construction services as mutually agreed to by Consultant and the Golden Valley Assistant City Engineer R.J. Kakach (the “Services”). 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. Term. This Agreement shall remain in force and effect commencing from the effective date and continuing until terminated by the City or amended pursuant to the Agreement. 3. Consideration. The City shall pay Consultant a not to exceed cost or $109,714 for the Services. The consideration shall be for both the Services performed by Consultant and any expenses incurred by Consultant in performing the Services. Consultant shall submit statements to the City upon completion of the Services. The City shall pay Consultant within thirty (35) days after Consultant’s statements are submitted. 4. 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 88 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. 5. Amendments. No amendments may be made to this Agreement except in a writing signed by both parties. 6. 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 the contract 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. 7. 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; or 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 on liability to which the City is entitled. The parties agree that these indemnification obligations shall survive the completion or termination of this Agreement. 8. 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: Worker’s Compensation Insurance as required by Minnesota Statutes, section 176.181; Business Auto Liability in an amount not less than $1,000,000.00 per occurrence; Professional Liability in an amount not less than $1,000,000.00 per occurrence; and Commercial General Liability in an amount of not less than $1,000,000.00 per occurrence for bodily injury or death arising out of each occurrence, and $1,000,000.00 per occurrence for property damage, $2,000,000.00 aggregate. To meet the Commercial General Liability and Business Auto Liability requirements, Contractor may use a combination of Excess and Umbrella coverage. 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. 9. Assignment and 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 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 89 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. 10. 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. 11. 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. 12. 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. 13. Third Party Rights. The parties to this Agreement do not intend to confer any rights under this Agreement on any third party. 14. 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. 15. Conflict of Interest. Consultant 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, 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. 16. 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 90 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. 17. Agreement Not Exclusive. The City retains the right to hire other professional consultant service providers for this or other matters, in the City’s sole discretion. 18. 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 (the “MGDPA”). 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. 19. Confidentiality. Consultant understands that the City has access to, develops, and uses private, confidential, nonpublic, and protected nonpublic information, as those terms are defined by the MGDPA, in connection with its business (collectively, “Confidential Information”). The City has instituted policies and procedures to protect and safeguard this Confidential Information. While working for the City under this Agreement, Consultant may come into contact with Confidential Information. Consultant understands that the protection of Confidential Information is required by law and is a requirement of their relationship with the City. Accordingly, Consultant agrees as follows: 19.1 During the term of this Agreement and after the termination of Consultant’s relationship with the City: (a) Consultant will keep secret all Confidential Information and will not directly or indirectly disclose it to anyone outside the City; (b) Consultant will not make use of any Confidential Information for their own purposes or for the benefit of anyone other than the City; and (c) upon termination of Consultant’s relationship with the City, Consultant will promptly deliver to the City all memoranda, notes, records, and other documents (and all copies thereof) constituting or relating to Confidential Information. 19.2 If Consultant breaches or threatens to breach any provisions of paragraph 18.1, the City has the right to enforce this Agreement in any court having jurisdiction. This Agreement will be governed by and construed in accordance with the laws of the State of Minnesota. 19.3 This Agreement is not intended to prevent Consultant from working for any employer subsequent to the termination of their relationship with the City, as long as Consultant does not use or disclose Confidential Information. 20. 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 the 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 91 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 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. 21. 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. 22. 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. 23. 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. 24. 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. 25. 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. 26. Counterparts and Electronic Signatures. 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. 27. Recitals. The City and Consultant agree that the Recitals are true and correct and are fully incorporated into this Agreement. [Remainder of page left blank intentionally. Signature page follows.] 92 IN WITNESS WHEREOF, the City and Contractor have caused this Professional Services Agreement to be executed by their duly authorized representatives in duplicate on the respective dates indicated below. BOLTON AND MENK: CITY OF GOLDEN VALLEY: By: _________________________________ Name: ______________________________ Title: _______________________________ By: _________________________________ Shepard M. Harris, Mayor By: _________________________________ Timothy J. Cruikshank, City Manager 93 \\Metrone4\n\Proposals\Golden Valley\2024 Watermain Lining\Proposal Files\Golden Valley, MN - 2024 Watermain Lining Project - 07 18 2023 .docx July 18th, 2023 Mr. RJ Kakach, P.E. Assistant City Engineer City of Golden Valley 7800 Golden Valley Road Golden Valley, MN 55427 Re: Proposal for Professional Engineering Services Golden Valley, MN – 2024 Watermain Rehabilitation Project Mr. Kakach: We are pleased to offer you our proposal for professional engineering services for the data collection, final design & bidding, and construction services related tasks needed to support the City of Golden Valley’s 2024 Watermain Rehabilitation Project. This proposal is based on our conversations and review of the project area, our discussion on July 6th, our initial review of project area documentation, and our recent experience with similar efforts for the City of Golden Valley. Our proposed effort involves an estimated 732 hours of Bolton & Menk staff time. The associated proposed hourly, not-to-exceed fee is $109,714.00. Below is a breakdown of the major project related design phases; including deliverables which will be provided to the City during this project: DATA COLLECTION $14,976.00 In order to move forward with final design, collecting locational data of the project corridor is essential to gain an understanding of existing conditions that may impact the overall final design of these improvements. During this phase of the project Bolton & Menk’s team will work with the City (and all private utilities) to have all utilities located and marked in the project area. Once marked, Bolton & Menk will utilize GPS data collectors to collect the location of all utilities in the project corridor. Site specific measurements and structure measure downs will also be completed to ensure the accuracy of the data being collected. Once collected, this data will be uploaded into CAD software so that an existing conditions file can be drafted for use during the final design portion of this project. 106 hours are budgeted for this work task and may include: • Reviewing & implementing record drawings and GIS related data provided by the City • Working with private utilities to mark/locate all existing private utilities • GPS data collection of all public/private utilities in the project area • Structure measure downs of utilities crossing known excavation areas • Perform site specific design related measurements • Preparation of an existing conditions drawing 94 Name: Golden Valley, MN – 2024 Watermain Rehabilitation Project Date: July 18th, 2023 Page: 2 FINAL DESIGN & BIDDING $45,836.00 A substantial portion of the professional services scope includes the design and preparation of the plans and specifications for the City of Golden Valley’s 2024 Watermain Rehabilitation Project. Plans will be created that will show the location of the proposed improvements. Specifications will also be created to provide rules and requirements of the contractor when working on the project within City limits. Also, included under this section is competitive bidding support. Time has been allocated to advertise the project to the contracting community, answer contractor related bidding questions, and secure multiple competitive bids for this work. Lastly, a bid tabulation and letter of recommendation will be prepared by Bolton & Menk needed to gain approval of the contract at a future City Council meeting. 300 hours are budgeted for this work task and may include: • Project related design meetings • Preparation of 60% plans & estimate • Preparation of 90% plans, estimate, & specification • Preparation of final plans, estimate, & specification • Supporting city staff through bidding • Permitting assistance (not including permit costs) • Private utility coordination CONSTRUCITON SERVICES $48,902.00 Finally, time is provided to assist the City of Golden Valley with the construction portion of this project. Bolton & Menk will work with the City throughout construction to review all project related submittals and provide assistance with project related communication needs. Bolton & Menk will also prepare and lead a pre-construction meeting with key project stakeholders. In order to ensure proper constructability, Bolton & Menk staff will provide construction inspection and construction administration throughout the project. We have included 3 weeks of full-time construction observation and 3 weeks of part-time construction observation needed to support this project. Finally, Bolton & Menk will assist the City with project closeout measures including working with the contractor to complete punch-list items and delivering final record drawings of the improvements to the community. 326 hours are budgeted for this work task and may include: • Shop drawing review • Construction communication preparation (not including mailings) • Pre-construction related meeting support • Construction oversight & inspection • Construction administration • Record drawings • Project punch list & closeout 95 Name: Golden Valley, MN – 2024 Watermain Rehabilitation Project Date: July 18th, 2023 Page: 2 Bolton & Menk proposes to complete the scope of work as described above for a not-to-exceed hourly fee of $109,714.00. If approved, we have a team ready that can get started with this project right away in order to facilitate bidding the project this winter and facilitating construction during the summer months of 2024. Thank you again for inviting Bolton & Menk to offer you this proposal, as well as your continued consideration of our services to the City of Golden Valley. We look forward to working with you on this project. If you have any questions regarding our proposal, please do not hesitate to contact me at (952) 358-1845. Sincerely, Bolton & Menk, Inc. Mitchell R Hoeft, P.E. Principal Engineer/Trenchless Group Manager cc: Jeff Oliver, PE – City Engineer Eric Seaburg, PE – Client Service Manager City Approval: ____________________________________________________ Date: ________________________________________ 96 Client: City of Golden Valley Project: 2024 Watermain Rehabilitation Project Task No.Work Task Description Client Service ManagerProject Manager Project EngineerGIS ManagerGIS TechnicianConstruction ManagerClericalTotals 1.0 Data Collection 1.01 Analze Existing Record Drawings 1 2 3 1.02 Review and Incorporate City's Robust GIS Database as Appropriate 1 4 2 7 1.03 Call GSOC Private Utility Locates for Anticipated Excavation Areas 2 2 4 8 1.04 GPS Data Collection/Survey 2 32 2 8 44 1.05 Structure Measure Downs 8 8 1.06 Site Specific Misc. Measurements 2 4 6 1.07 Prepare Existing Conditions Drawing 2 16 4 22 1.08 Engage Private Utilities - Begin Sharing Data Back and Forth 2 4 2 8 Subtotal Hours - Task 1 6 6 72 8 14 0 0 106 2.0 Final Design & Bidding 2.01 Final Design Coordination Meetings w/ City 4 8 12 24 2.02 Prepare 60% Plans & Estimate for City Review 2 20 60 82 2.03 Prepare 90% Plans, Estimate, & Specifications for City Review 2 24 40 2 68 2.04 Prepare Final Plans, Estimate & Specifications for Bidding 2 24 40 8 74 2.05 Support City Staff Through Bidding 2 8 4 6 20 2.06 Permitting 2 8 16 26 2.07 Continue Private Utility Coordination 2 4 6 Subtotal Hours - Task 2 16 92 176 0 0 0 16 300 3.0 Construction Services 3.01 Shop Drawing Revew and Approval 4 4 8 3.02 Construction Communications (Newsletters, Doorhangers, Flyers, etc.) 8 8 2 18 3.03 Pre-Construction Coordination Meeting w/ City 2 4 4 10 3.04 Pre-Construction Meeting (All Stakeholders)2 8 8 18 3.05 Construction Inspection w/ CSR (Full Time 3 Weeks + Part Time 3 Weeks)180 180 3.06 Contract Administration (Part Time 6 Weeks)60 60 3.07 Punchlist and As-Builts 2 2 16 20 3.08 Final Project Closeout 2 4 4 2 12 Subtotal Hours - Task 3 8 90 4 0 0 220 4 326 Bolton & Menk, Inc. Detailed Fee Estimate 97 Client: City of Golden Valley Project: 2024 Watermain Rehabilitation Project Task No.Work Task Description Client Service ManagerProject Manager Project EngineerGIS ManagerGIS TechnicianConstruction ManagerClericalTotal Hours Total Cost 1.0 Data Collection 6 6 72 8 14 0 0 106 $14,976 2.0 Final Design & Bidding 16 92 176 0 0 0 16 300 $45,836 3.0 Construction Services 8 90 4 0 0 220 4 326 $48,902 Total Hours 30 188 252 8 14 220 20 732 Average Hourly Rate $188.00 $193.00 $132.00 $148.00 $143.00 $132.00 $115.00 Subtotal $5,640 $36,284 $33,264 $1,184 $2,002 $29,040 $2,300 Fee Summary Total Base Fee Bolton & Menk, Inc. $109,714 98 EXECUTIVE SUMMARY Community Development 763-512-2345 / 763-512-2344 (fax) Golden Valley City Council Meeting August 2, 2023 Agenda Item 3C.3. Authorize Agreement for DeCola Ponds SEA-Wildwood Outlet Pipe Replacement Project #23-15 with Bituminous Roadways, Inc Prepared By Eric Eckman, Environmental Resources Supervisor Jeff Oliver P.E., City Engineer Summary The City applied and received funding from the Minnesota Department of Natural Resources (MnDNR) Flood Damage Reduction Grant Assistance Program to help fund the construction of a series of capital projects outlined in the Medicine Lake Road and Winnetka Avenue Area Long Term Flood Mitigation Plan. Building onto the construction of the Liberty Crossing flood storage, the first phase of the grant funded project was the DeCola Ponds B and C Improvement Project funded in part by the 2018 state bonding bill and completed in 2020. The current phase of the grant funded project is the SEA School-Wildwood Park Flood Storage Project. This project was included in the 2020 state bonding bill with an allocation of $1,300,000. The project is also included in the Bassett Creek Watershed Management Commission (BCWMC) capital improvement program and BCWMC is contributing a significant amount of funding for the project. In September 2021, the City Council approved a cooperative agreement with the BCWMC and a professional services agreement with Barr Engineering Co to design and construct the SEA School- Wildwood Park Flood Storage Project. The project includes flood risk reduction, storm water quality treatment, pollinator habitat improvements, and recreation and educational opportunities that will benefit the community. More information can be found on the City's project webpage at https://bit.ly/3FJpv0s. In order to advance the City’s equity goals, complete work in the most efficient and cost-effective manner, and best meet the scheduling needs of the SEA School, the project was separated into smaller, more specialized contracts: Flood storage at SEA School and Wildwood Park (currently under construction; estimated completion date August 2023) Restoration and vegetation establishment at SEA School and Wildwood Park (consider awarding contract August 2; begin work in mid-August 2023 following construction of flood storage) Flood conveyance (storm sewer outlet pipe replacement) between DeCola Ponds D and E 99 (consider awarding contract August 2; work to begin in September 2023) The storm sewer outlet pipe replacement contract was advertised for bids in June-July. Bids were opened virtually on July 12, 2023. The following bids were received for the DeCola Ponds SEA- Wildwood Outlet Pipe Replacement Project #23-15: Contractor Base Bid Bituminous Roadways, Inc $424,549.20 Peterson Companies $431,763.58 Meyer Contracting Inc $459,943.20 Geislinger and Sons $521,312.00 Low Bid: Bituminous Roadways, Inc $424,549.20 Staff reviewed the bids and found them to be accurate and in order. Staff recommends awarding the outlet pipe replacement contract to Bituminous Roadways, Inc for the base bid amount of $424,549.20. As a requirement of the state grant funding for this project, this contract requires payment of prevailing wages for all labor. Work is expected to begin in September 2023 and be completed in the fall. Financial or Budget Considerations The cost estimate for the entire project (flood storage, conveyance, and restoration) is approximately $3,100,000. Based on funding allocated in the 2020 bonding bill, the DNR will provide $1,300,000 and the City and its partners will provide a local match of $1,300,000 plus any remaining funding to complete the project. There are no special assessments to residents. Following is an estimate of the funding sources for the entire project: MnDNR $1,300,000 BCWMC $1,300,000 Hennepin County $ 255,000 City of Golden Valley $ 245,000 Total $3,100,000 As is typical with collaborative projects like this one, project costs will be paid up front by the City and reimbursed by the MnDNR and its local partners on a regular basis, as project milestones are reached. The City’s portion of the project funding is included in the 2022 and 2023 CIP as approved by City Council at its March 7, 2023 meeting, as follows: Stormwater SS-69 $110,000 Park Improvement P-002 $ 95,000 Park Improvement P-017 $ 40,000 All costs for the storm sewer outlet pipe replacement contract are eligible for reimbursement by the MnDNR and BCWMC. Legal Considerations The City Attorney has not reviewed the agreement; however, the agreement was created using an approved template without changes to the template. 100 Equity Considerations This contract was subject to a public bidding process open to all qualified contractors. Consistent with the City’s Equity Plan pillar, Economic Prosperity For All , the overall flood mitigation project was separated into smaller contracts, which offers more opportunities to a wider array of contractors. Increasing community resilience by reducing flood risk and damage, improving water quality, and increasing native pollinator habitat is consistent with City's resilience and sustainability plan and helps all people in the community adapt to a changing climate. Recommended Action Motion to authorize the Mayor and City Manager to execute an agreement with Bituminous Roadways, Inc for the DeCola Ponds SEA-Wildwood Outlet Pipe Replacement Project #23-15 in the amount of $424,549.20. Supporting Documents Project Location Map Agreement for SEA School-Wildwood Park Outlet Pipe Replacement with Bituminous Roadways 101 Ha mpsh ire Po nd DecolaPond A DecolaPonds B & C De colaPondE De colaPond F De colaPond D Golden Meadows Pond Medicine La ke Road Pond Dover HillPondLiberty BasinCanadian Pacific Railroad HampshirePark PennsylvaniaWoods WildwoodPark IsaacsonPark MadisonPond 156 DeCola PondsOutlet Pipe Replacement School ofEngineeringand Arts Duluth St Olympia StKelly DrDeCola PondsSEA School-Wildood ParkFlood Storage Duluth St Olympia StWinnetka Ave NKelly DrMedicine Lake Rd Sumter Ave NQuebec Ave NPennsylvania Ave NRhode Island Ave NSandburg RdNevada Ave NWinnetka Heights Dr 23r d Av e N Winsdale St Sandburg Ln Oregon Ave NMadison Ave W Green Valley Rd Louisiana Ave NArcher Ave N Winsdale St 0 500 1,000250Feet Print Date: 4/18/2023Sources:-Hennepin County Surveyors Office for Property Lines (2023).-City of Golden Valley for all other layers.Location Map 102 FC - 1 CONTRACT NO. 23-15 AGREEMENT FOR THE DECOLA PONDS SEA-WILDWOOD OUTLET PIPE REPLACEMENT PROJECT PROJECT NO. 23-15 THIS AGREEMENT (this “Agreement”), entered into the 2nd day of August 2023 between the City of Golden Valley (the “City”), a municipal corporation, existing under the laws of the State of Minnesota, and Bituminous Roadways, Incorporated, 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 B onds, 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 DeCola Ponds SEA-Wildwood Outlet Pipe Replacement Project No. 23-15 (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. 103 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 $424,549.20 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 $424,549.20 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 Bituminous Roadways, Incorporated, 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. 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, 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 104 FC - 3 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: BITUMINOUS ROADWAYS, INCORPORATED BY ITS Pam Hague haguep@bitroads.com Secretary 105 SPECIAL CONDITIONS TABLE OF CONTENTS SC-i PAGE 1. GENERAL ............................................................................................................................1 2. PROJECT DESCRIPTION ...................................................................................................1 3. PREVAILING WAGES..........................................................................................................1 4. JOBS REPORTING..............................................................................................................1 5. QUALIFICATIONS OF BIDDER...........................................................................................2 6. STARTING AND COMPLETION TIME ................................................................................2 7. SCHEDULE AND CONSTRUCTION PHASING ..................................................................3 8. SPECIFICATIONS WHICH APPLY......................................................................................3 9. REFERENCE .......................................................................................................................4 10. PRE-CONSTRUCTION CONFERENCE..............................................................................4 11. CONSTRUCTION MEETINGS.............................................................................................4 12. SUPERVISION OF WORK...................................................................................................5 13. EMERGENCY CONTACTS..................................................................................................5 14. RESIDENT PROJECT REPRESENTATIVE ........................................................................6 15. SITE CONDITIONS..............................................................................................................6 16. MAINTENANCE OF EXISTING CITY UTILITIES.................................................................6 17. CONSTRUCTION LAYOUT AND STAKING (1508) ............................................................7 18. QUALITY CONTROL AND QUALITY ASSURANCE TESTING...........................................7 19. PROJECT ACCESS AND STAGING AREA ........................................................................8 20. UTILITY CONFLICTS...........................................................................................................8 21. EASEMENTS AND PERMITS..............................................................................................9 22. MEASUREMENT AND PAYMENT.....................................................................................10 23. TREE AND LANDSCAPE PRESERVATION .....................................................................10 24. INVASIVE SPECIES ..........................................................................................................11 25. RESPONSIBILITY FOR DAMAGE CLAIMS (1714)...........................................................11 26. MOBILIZATION (2021).......................................................................................................11 27. DEWATERING ...................................................................................................................12 28. CLEARING AND GRUBBING (2101).................................................................................13 29. SAWING CONCRETE AND BITUMINOUS PAVEMENT (2104) .......................................13 30. REMOVALS AND SALVAGES (2104) ...............................................................................14 31. EXCAVATION AND EMBANKMENT (2106)......................................................................15 32. WATER USE ON PROJECT (2130)...................................................................................15 33. AGGREGATE BASE (2211)...............................................................................................15 106 SPECIAL CONDITIONS TABLE OF CONTENTS SC-ii 34. PLANT MIXED BITUMINOUS MIXTURES (2360).............................................................16 35. PIPE BEDDING (2451).......................................................................................................17 36. PIPE SEWERS (2503) .......................................................................................................17 37. MANHOLES AND CATCH BASINS (2506)........................................................................18 38. WATER MAIN CONSTRUCTION (2504) ...........................................................................18 39. CONCRETE CURB AND GUTTER (2531) ........................................................................19 40. CONCRETE DRIVEWAY PAVEMENT (2531)...................................................................20 41. RANDOM RIPRAP CLASS III WITH FILTER FABRIC (2511) ...........................................21 42. TRAFFIC AND PEDESTRIAN SAFETY CONTROL MEASURES AND MAINTENANCE (2563) .................................................................................................................................21 43. CONSTRUCTION FENCING (2572)..................................................................................22 44. EROSION AND SEDIMENTATION CONTROL (2573)......................................................22 45. SOIL BED PREPARATION FINE GRADING & POWER ROTOTILLING (P) (2574)......24 46. ESTABLISHING VEGETATION AND CONTROLLING EROSION (2575).........................24 47. TREES, SHRUBS, AND PERENNIALS, AS SPECIFIED (2571).......................................26 48. MULCH MATERIAL (2575) ................................................................................................29 49. VIBRATION MONITORING................................................................................................29 107 SC-1 SPECIAL CONDITIONS CITY OF GOLDEN VALLEY FOR DECOLA PONDS SEA-WILDWOOD OUTLET PIPE REPLACEMENT PROJECT BID OPENING: July 12, 2023 10:00 am CDT 1. GENERAL: Instructions to Bidders and General Conditions as embodied in these Contract Documents shall apply except as modified or supplemented in these Special Conditions. 2. PROJECT DESCRIPTION: The contract Work includes the site preparation, erosion and sediment control, removals, storm sewer, utilities, paving and restoration at the DeCola Pond D outlet pipe along Winnetka Heights Drive in Golden Valley. The Work will include, but is not limited to, the following: Furnishing of all labor, materials, tools, and equipment necessary for erosion control, traffic control, tree removal and disposal, dewatering, excavate and remove existing storm sewer and manhole structures, install new storm sewer and structures, water and sanitary modifications as needed for storm sewer installation, bituminous patching, concrete flatwork and curb and gutter, and landscape restoration. See the Drawings for more detailed information on the Work. 3. PREVAILING WAGES: This project is made possible in part by a Minnesota Department of Natural Resources Flood Damage Reduction Grant. Contractor shall comply with all of the applicable provision contained in Chapter 177 of the Minnesota Statues, and specifically those provisions contained in Minn. Stat. §§ 177.41 through 177.435, as they may be amended, modified, or replaced from time to time with respect to the Project. Prevailing wage requirements must be met, see Appendix C; However, truck rental rates do not apply is this is not a Minnesota Department of Transportation (MnDOT) project. 4. JOBS REPORTING: The Contractor is hereby advised that this Project is funded in part by state bond funds (MnDNR Flood Damage Reduction Grants) and subject to the reporting requirement of Minnesota Statue § 16A.633, Subdivision 4 (MN Laws of 2012 Chapter 293, Section 28). Pursuant to Minnesota Statue § 16A.633, subd. 4, the City shall collect, maintain and, upon completion of the project provide the information to the State on forms provided by the State. The information must include the number and types of jobs created by the project, whether the jobs are new or retained, where the jobs are located, and pay ranges of the jobs. The Contractor shall assist the City in 108 SC-2 this reporting and provide to the City the jobs data required to fill out the State forms. 5. QUALIFICATIONS OF BIDDER: Bidders are required to submit evidence that they have practical knowledge of the particular work bid upon, and that they have the financial resources to complete the proposed Work. Failure on the part of any Bidder to carry out previous contracts satisfactorily or any bidders lack of experience or equipment necessary for the satisfactory and timely completion of this Project may be deemed sufficient cause for disqualification of said Bidder. Please refer to Instructions to Bidders and Contractors Questionnaire regarding other Bidder Qualification Requirements. Bidders who will require more than fifty percent (50%) of the Work value to be performed by subcontractors will be deemed unqualified to perform the Work. Bidder must submit subcontractor list with their bid along with their anticipated items of work and value. Bids and corresponding Notice of Award may be held for up to sixty (60) days from date of bid opening. 6. STARTING AND COMPLETION TIME: Contractor shall furnish all required bonds and insurance within ten (10) days of the award of the Contract by the Golden Valley City Council. Work shall begin within one week following the issuance of the Notice to Proceed. All Work under this Contract must be Substantially Completed no later than October 31, 2023 (the "Contract Time"), and be completed and ready for final payment in accordance with Section I, Paragraph 1.J. of the General Conditions on or before November 22, 2023 (the "Contract Time"). Contractor shall prosecute the Work continuously and effectively, with the least possible delay, to the end that all Work is completed within the Contract Time. The City is entitled to damages for failure of the Contractor to complete the Work within the Contract Time. In view of the difficulty in making a precise determination of actual damages incurred, the City will assess a daily charge not as a penalty but as liquidated damages to compensate the City for additional costs incurred. Failure to substantially complete the Work by the Contract Time shall result in the City charging Contractor, and withholding any monies due as liquidated damages, the amount of $1,000 per calendar day until all Work is completed. If Contractor is delayed for any reason in the commencement or performance of the Work, to the extent such delay will prevent the Contractor from completing the Work (or any portion thereof) within the Contract Time, Contractors sole remedy for such delay shall be an extension of the Contract Time. All such extension requests shall be made according to the requirements and procedures set forth in Division I, 1806 (Determination and Extension of Contract Time) and 1403 (Notification for Contract Revisions) of the MnDOT shall apply, except as modified or supplemented in these Special Conditions. 109 SC-3 Without limiting the foregoing, if a conflict arises with existing private utilities during the commencement or performance of the Work, Contractor shall proceed to work in areas without such conflict until the conflicts are resolved. It is the express understanding of the parties with regard to all Work that Contractor will undertake its performance in a manner to avoid or minimize any delays that may result from private utility conflicts or any other possible causes of delay. 7. SCHEDULE AND CONSTRUCTION PHASING: Contractor shall schedule its work to minimize inconvenience to residents adjacent to the pipe replacement work and residents of the surrounding neighborhood. Contractor shall schedule its work to meet the following requirements: Start Date: Construction will start no earlier than September 1, 2023. All work must be substantially completed by October 31, 2023. Work shall be complete and ready for final payment in accordance with Section VIII, Item 10 of the General Conditions no later than November 22, 2023. Working hours for this project shall be limited to 7:00 a.m. to 7:00 p.m., Monday through Friday, except as otherwise stated in the Contract Documents, unless approved in writing by the City Engineer. Contractor shall schedule its work to comply with this requirement. Contractor shall perform some Work at times other than those indicated if the Engineer deems it is in the best interest of the City and the property owners affected. No claims for extra compensation will be considered for complying with this requirement. Timely completion of the Project is of the essence. The Pond D outlet pipe conveys a significant watershed, the contractor needs to minimize the amount of time that the pond outlet is offline and plans accordingly for dewatering, per dewatering pay item. Only in the event that rainfall, snowfall, and/or subzero temperatures exceed normal values during the time specified in this Contract to complete the Work, the Engineer may, at the Engineers discretion, allow extensions due to weather conditions. To be eligible, Contractor shall provide the Engineer for approval, on a weekly basis at scheduled construction meetings, documentation of any lost work day credits they believe meet MnDOT Specification 1803 criteria. Failure to submit such documentation as required shall be considered just cause to deny claims for lost work days or extensions of completion date. 8. SPECIFICATIONS WHICH APPLY: The Specifications which apply to the Work shown in the Drawings shall be as follows: A. These Special Conditions. 110 SC-4 B. Standard Utilities Specifications for Watermain and Service Line Installation, Sanitary Sewer and Storm Sewer Installation, and Trench Excavation and Backfill/Surface Restoration, Revised 2018, as prepared by the City Engineers Association of Minnesota (CEAM) and published by the League of Minnesota Cities, St. Paul, Minnesota, except as modified or supplemented in these Special Conditions. Copies of the Standard Utilities Specifications are available from the Minnesota Society of Professional Engineers by calling 651.292.8860, or from the CEAM website at http://ceam.org/. C. Division I, 1507 (Utility Property and Service) and Division I, 1512 (Unacceptable and unauthorized work) of the MnDOT Specification shall apply, except as modified or supplemented herein. D. Division II (Construction Details) and Division III (Materials) of the MnDOT Specification shall apply, except as modified or supplemented herein. 9. REFERENCE: All references in the Specifications and Special Conditions to MnDOT Specification are intended to mean the Minnesota Department of Transportations Standard Specifications for Construction, 2020 Edition, and its supplements. All reference therein to the State, the Department, the Department of Transportation of the State of Minnesota and the Commissioner shall be read as reference to the City. 10. PRE-CONSTRUCTION CONFERENCE: Prior to the beginning of construction operations, a pre-construction conference shall be held, and shall be attended by the authorized representatives of the City, the Engineer in charge of the Project, utility companies and persons of the contracting firm or firms who will have direct responsibility for workmanship and/or materials used on the Project. The conference will disclose all aspects for execution and schedule of the Work. Agreement on any and all questionable measurements, materials, methods or other matters shall be made at this conference. Contractor shall submit the following at or before the preconstruction conference: Critical path phasing plan and schedule, which details all controlling operations. This shall be submitted a minimum of one (1) week before the pre-construction conference. General project contact information including emergency contacts Subcontractor list (discussed under Section 3 of these Special Conditions) Material supplier list Shop drawings Traffic/Pedestrian Control plan Dewatering plan 11. CONSTRUCTION MEETINGS: Contractor shall be required to attend weekly construction meetings scheduled for 10:00 a.m. on Wednesdays at Golden Valley City Hall. Contractor must submit the following at each meeting: 111 SC-5 A two-week Critical Path schedule of work bar graph/Gantt chart showing the two-week work plan The overall project schedule Erosion Control Inspection Forms (see Erosion & Sedimentation Control Section in these Specifications) Written documentation of performed street sweeping (see Erosion & Sedimentation Control Section in these Specifications) A written request for any extra work Documentation of any lost workday credits they believe meet MnDOT Specification 1803 criteria The Project Schedule information will be included in a newsletter distributed to residents in the Project area updating them of the progress and expected construction sequencing. Failure to submit an approved, detailed Critical Path Schedule as required shall result in the City withholding any monies due. In the event delays are experienced on the Project due to weather or conflicts with private utility company facilities, Contractors schedule must detail extra efforts to put the construction back on schedule. 12. SUPERVISION OF WORK: Contractor shall provide a competent, reliable Superintendent to be present at all times when Work is in progress in accordance with Section 1506 of the MNDOT Standard Specifications for Construction and as modified herein. The Superintendent must be the full-time person identified in the Contractor Questionnaire with the Proposal Form, and shall act as Contractors representative and supervise all of Contractors and subcontractors forces through all phases of operations of the Work. Contractor shall not replace the Superintendent without written authorization by the Engineer. The Superintendent shall not change with phases of the Work nor shall a subcontractors superintendent act as the Contractors Superintendent. Additionally, the Superintendent shall not be a working foreman of the Contractor or subcontractor. The Superintendent shall have the authority to represent the Contractor in all issues that may arise during execution of the Work, and to obtain all the equipment and manpower needed to perform the Work as outlined in the Drawings and as directed by the Engineer. All orders from the Engineer shall be directed to the Contractor through the Superintendent. 13. EMERGENCY CONTACTS: Contractor shall provide the City, at or before the pre-construction conference, with a list of emergency contacts. This list shall include a telephone number to contact the Project superintendent 24-hours a day until all of the Work is completed, as well as additional 24-hour emergency contacts for all subcontractors. 112 SC-6 14. RESIDENT PROJECT REPRESENTATIVE: The Engineer shall designate a resident project representative for this project. The representative shall have the same authority as that specified for the Inspector in MnDOT Specification 1510 and the General Conditions of these Specifications. The Contractor must direct all requests for extra compensation, or changes in scope or character of the Work through the representative to the Engineer. Failure to direct such initial requests may be cause for rejection of the request. In order to ensure all communication to residents on this project is uniform and complete, Contractor shall direct all communication to the City. Contractor shall, however, be responsible for disseminating daily construction notices, or other communication as directed by the Engineer, to the residents on a daily basis indicating construction operations and access conflicts. Failure to disseminate such information, as directed by the Engineer, shall be cause for the City to withhold all compensation due. 15. SITE CONDITIONS: Contractor shall be required to keep the Project site in a clean, orderly condition at all times. Littering of cans, bottles or other garbage/debris will not be tolerated. Contractor shall submit a plan to the Engineer for approval, for debris and waste disposal within the Project area. At final clean-up, the Contractor shall clean-up and remove deleterious materials and debris from the entire work area prior to Final Review The Contractor shall routinely perform street and trail sweeping to remove accumulated sediment resulting from their operations or as requested by the Engineer. The Contractor shall provide a portable restroom onsite during the work. No removal items, spoil or aggregate piles will be allowed within street rights-of- way overnight except by express, written consent of the Engineer. In the event piles are left in the rights-of-way at the end of the day, the City may, at its discretion and without prior notification to Contractor, remove all piles with its own or contracted forces. All costs associated with such removal shall be billed to Contractor or withheld from monies due. The Contractor must use every reasonable precaution to prevent damage to existing conditions such as structures, utilities, existing vegetation, and walks on or adjacent to the site of the work. Any damage caused by the Contractor shall be repaired at the Contractors expense. The Contractor must provide barricades, fences or other barriers as necessary to protect existing conditions from damage during installation operations. The Contractor shall not store materials or equipment or operate or park equipment under the branches of existing trees and shrubs. The Contractor shall submit to Owner written notification of any damaged plants and/or structures. 16. MAINTENANCE OF EXISTING CITY UTILITIES: The City has cleaned and televised all sanitary sewer lines and storm sewer lines prior to construction. 113 SC-7 Contractor shall be responsible for keeping all utilities clean during construction including but not limited to gate valve stacks, utility lines, and manholes. In the event debris is found during the post-construction televising of sewers, the City may, at its discretion, clean all remaining sewers to be televised with its own or contracted forces. All costs associated with such cleaning shall be billed to Contractor or withheld from monies due. 17. CONSTRUCTION LAYOUT AND STAKING (1508): The City, or its representative, will set construction control points for the Contractors use on the project. Electronic AutoCAD files will be provided to the Contractor. All construction staking required to complete the work shall be performed by the Contractor. The City, or its representative, may perform grade and elevation verification during construction. Contractor shall be obligated to work with Citys surveyor to allow access to areas which need to be surveyed. No claims for scheduled delays will be considered that are due to coordinating with the Citys surveyor. Contractor shall be responsible for the preservation of all control points and other stakes and marks established by the City or its representative. If the Engineer determines that construction stakes have been carelessly or willfully destroyed or disturbed by Contractor or by Contractors lack of protection of the stakes, the cost of replacing the stakes will be deducted from monies due Contractor. The City will provide Contractor with written notice of violation of this Section one time. This written notice shall serve as notice of withholding of monies due Contractor so the City may recover its costs for failure to comply with this requirement. The Citys surveyor shall provide constructed elevations to Engineer and Engineer shall prepare record drawings at the completion of the project. The Contractor shall share any additional relevant information gathered during the project with the surveyor in order to assist with the completion of the record drawings. Payment for Construction Layout and Staking will be based on a unit lump sum, all complete as specified. 18. QUALITY CONTROL AND QUALITY ASSURANCE TESTING: Contractor shall be responsible for quality control testing in accordance with the current Schedule for Material Testing found on the MnDOT website http://www.dot.state.mn.us/materials/lab.html., as amended in these Specifications. All costs for such testing shall be included in the unit prices for the items to be tested. All testing must be done by a laboratory experienced with the testing procedures required by MnDOT and approved by the Engineer. Certification of such 114 SC-8 experience shall be submitted to the Engineer at the pre-construction conference. Contractor shall also cooperate with the Engineer in collecting companion samples in accordance with MnDOT Specifications to verify Contractors test results. Collecting companion samples shall be considered incidental for which no direct compensation shall be made. The City will be responsible for testing such samples provided by Contractor at its cost. The Engineer shall contact Contractor so he may be represented during sampling and assist as necessary. 19. PROJECT ACCESS AND STAGING AREA: Construction traffic access to the Project areas shall be limited to federal, state and county highways and City streets as approved by the Engineer, or as otherwise noted in the Drawings. The use of other non-designated routes shall be cause for ticketing. This requirement shall not waive Contractors obligation to comply with existing statutes, local ordinances, or any other existing laws; nor shall it waive the governing authority from assigning penalty for violating such statutes, ordinances or laws. Construction staging area may occur only within the barriers, orange construction fence, or sediment log area shown on the Drawings. If additional space is required, this needs to be discussed with the City/Engineer. The location for accessing the site is limited to the location shown on the Drawings, and described below, unless approved otherwise by the Engineer: All hauling and access to the DeCola Pond D Outlet site will enter and exit via Winnetka Heights Drive via Winnetka Ave N, as noted in the drawings. This is the only permitted access route to and from the Project Site and can be used throughout the duration of the Project. Construction traffic shall not use other residential streets in the surrounding neighborhood area for access. All costs related to staging and site access shall be the responsibility of the Contractor for which there shall be no direct compensation. No extra compensation will be allowed for extra construction costs due to these restrictions. 20. UTILITY CONFLICTS: In order to minimize inconvenience to adjacent property owners and expedite the Project, Contractor shall be expected to coordinate its efforts with the private utility companies so the Work can be done in a timely manner. Contractor shall schedule or redirect its Work to ensure that utility company relocates, installations and/or removals do not impede progress of the Project. Contractor shall also coordinate all unanticipated utility relocations or adjustments determined to be necessary to complete the Work. The City will be responsible for costs incurred by the utility companies for unanticipated 115 SC-9 relocations and adjustments only in cases where prior, written authorization to perform the utility work is provided by the Engineer. Contractor waives claims for any and all costs or damages due to alleged delay, disruption or acceleration, and releases the City from any such claims, to the extent the claim is due to the failure of any private utility with facilities affected by the Project to promptly relocate, remove, or adjust such facilities. Utility conflicts are not anticipated for this project; however, if there is an unforeseen conflict the utility company contacts for this Project are: AT&T - Jerry Streeter ................................................................(612.248.8674) CenterPoint Energy Amir Fazlovic .........................................(612.321.5086) Lumen, Inc. Rand Olson .........................................................(612.861.8702) Comcast McClay Lyford .........................................................(651.925.6372) MCI Communications (Verizon) Greg Allen ............................(612.619.9602) Xcel Energy - Dave Fitch ..........................................................(612.630.4127) Zayo Group - Steve Senger ......................................................(612.210.8037) Sprint - Dan Hillard ....................................................................(612.217.3526) Arvig/Trust - Aaron Zierden........................................................(218.347.3626) Rogers Communications Scott Carnie....................................(416.561.8201) No claims for extra compensation to perform the Work in accordance with the Drawings that are due to conflicts with in-place utilities shall be considered. Likewise, no claim for delays due to conflicts with in-place utilities shall be considered. 21. EASEMENTS AND PERMITS: Easements and temporary access agreements are anticipated for this Project. The city has secured all easements and temporary access agreements necessary for the completion of the project. The City shall work to obtain all required permits for this project with the exception of the following, which shall be the responsibility of the Contractor: A. Contractor shall also obtain a City of Golden Valley Storm Water Management Permit and a Right-of-Way Permit from the City. Contractor shall comply with all terms and requirements of the permits. Permit fees must be paid by the contractor. No additional financial securities will be required to obtain these permits over the Contract Performance and Payment Bonds required in Section VI, Item 18 Requirements of Contract Bond of the General Conditions of this Contract. B. If a spill of any potential pollutant or hazardous waste occurs, immediately notify the City and the National Response Center at 1-800-424-8802 or www.nrc.uscg.mil and the Minnesota State Duty Officer at 1-800-422-0798. C. Contractor shall obtain a MnDNR temporary water appropriations permit if dewatering plan and rates are expected to meet MnDNR water appropriation thresholds as outlined here: Water Appropriations Permit Program | Minnesota DNR (state.mn.us) 116 SC-10 22. MEASUREMENT AND PAYMENT: Payment for all items shall be by the unit price bid. Items on the Proposal Form have been listed in a logical order. However, items from any section may be used for like work on any part of this project, not only the section they are listed under. No claims for additional compensation for use of an item for work under a different section will be considered. Measurement for all items not specifically described in these Specifications shall be done in accordance with MnDOT Standard Specifications. Contractor shall submit all final quantities to the City within one month of project completion. Should Contractors final quantities not be submitted within the required time, it shall be understood that the Citys Quantities for the Work are accepted by Contractor. Unclassified work authorized by the Engineer, will be paid for on a force account basis according to Section VIII, Item 8 of the General Conditions. 23. TREE AND LANDSCAPE PRESERVATION: Significant care must be taken to protect existing trees and shrubbery that are not marked for removal. Contractor shall meet with the City Forester (763-593-3976) and Engineer on-site to review procedures for successful protection of trees throughout the construction process. Special care must be taken when in close proximity to any such vegetation to prevent unnecessary cutting, breaking, or shredding of roots; wounding or scraping of trunks; smothering of root systems by stockpiling of construction materials or excavated materials within their drip lines; excess foot or vehicular traffic; or parking of vehicles within their drip lines. Contractor shall install Construction Fencing (e.g., orange construction fence), as shown on the Drawings and as directed by the Engineer in the field. The unit price bid per linear foot, as measured in the field by the Engineer and rounded to the nearest whole foot, shall be considered compensation in full to place and maintain all such protection throughout the construction. Contractor shall exercise due caution to protect existing tree branches. All branches that have been damaged by Contractor shall be properly trimmed in accordance with National Arboriculture Standards by the end of the workday. The cost to trim branches shall be incidental for which there shall be no direct compensation. Contractor shall also notify the Engineer immediately of any damaged branches. When excavating near trees, Contractor shall cut cleanly back to the soil line, all exposed, shredded or torn roots greater than 1-‰ in diameter, with proper pruning equipment. The cost to cut roots shall be incidental for which there shall be no direct compensation. When excavating or sloping within fifteen (15) feet of any tree, Contractor shall coordinate all such efforts with the City Forester. 117 SC-11 Standard excavation procedures may need to be modified for large trees that have their trunks closer than five (5) feet from the excavation or sloping limits. Contractor shall be required to provide protection to all exposed oak tree roots that are cut prior to July 1. Contractor shall have on-site an approved wound dressing to be applied to freshly cut root ends immediately (within 10 minutes) after excavation to prevent oak wilt infection. Wound dressing will not be permitted for any other situation other than oaks damaged by construction before July 1. Contractor shall coordinate all such work with the City Forester. The cost to dress wounds to oak tree roots shall be incidental for which there shall be no direct compensation. 24. INVASIVE SPECIES: The Contractor shall take active steps to prevent or limit the introduction, establishment, and spread of invasive species during contracted work as required by the DNR. The Contractor shall take measures to prevent invasive species from entering into or spreading within the Project site or off the Project site by cleaning equipment prior to arriving and prior to leaving the Project site. If the Contractors equipment, vehicles, gear, or clothing arrives at the project site with soil, aggregate material, mulch, vegetation (including seeds) or animals, it shall be thoroughly cleaned by the Contractor at the staging area. The Contractor shall dispose of material cleaned from equipment and clothing off site. The Contractor shall secure the material prior to transport (sealed container, covered truck, or wrap with tarp) and legally dispose of offsite. Invasive species are present at the site and include buckthorn and other common invasive species. Contractor shall clean all equipment leaving the site in the same manner it was cleaned when it arrived on site. The cost to clean equipment to limit the introduction, establishment, and spread of invasive species shall be incidental for which there shall be no direct compensation. 25. RESPONSIBILITY FOR DAMAGE CLAIMS (1714): The provisions of MnDOT Specification 1714 are supplemented as follows: Contractor must have the City of Golden Valley, Bassett Creek Watershed Management Organization, Barr Engineering Company, and Robbinsdale Area School District named as additional insureds on any insurance coverage Contractor is required to provide. 26. MOBILIZATION (2021): The lump sum (LS) for mobilization is to include all aspects of work in accordance with MnDOT Specification 2020, including but not limited to: the Contractors premium for any special insurance obtained for this project; furnishing, installing and maintaining the Contractor’s facilities; providing work area security and use of jersey barriers as needed; development, implementation, and maintenance of project health and safety plan, detailed schedule, providing all electrical, water, and telephone services required or needed by the Contractor to perform the work; equipment mobilization and demobilization; site cleanup during and upon completion of the work; snow and ice removal as needed to complete the work; preparing and transmitting the 118 SC-12 required submittals; obtaining all permits including fees; identifying and locating utilities as necessary for the Work; coordinating with private and public utilities for protection of or relocations required by the work; recording field notes and installation discrepancies from Contract Drawings (as-builts) and submission of as-builts for record drawings; and all incidentals and other items not specifically paid for but included in the total scope of the Work. The cost for this item must be included into the Bid Item for Mobilization. Payment for Mobilization shall be Lump Sum. The Mobilization bid item covers all mobilizations required to complete the project, apart from mobilizations that are required due to circumstances outside of the Contractors control. 27. DEWATERING: The Contractor shall dewater and/or remove ice as necessary to allow for construction activities. Dewatering operations may be controlled by permit from the DNR or other agencies. The Contractor is responsible for application for any necessary permits and compliance with all conditions of permits. Dewatering is required to be completed in conformance with NPDES requirements. The work involves the management of runoff from a significant watershed, placement of temporary barriers, or other satisfactory types of water control to allow construction and to protect the work. Contractor shall monitor pond outlets and pond levels in upstream and downstream ponds and clear obstructions and ice jams as necessary to reduce the risk of flooding. Phasing of construction should be done to minimize the amount of dewatering that may be needed during construction and expedite the replacement of the DeCola Pond D outlet to minimize the amount of time the system is unavailable to convey flows from the upstream watersheds and include proposal for bypass flows. Construction methods shall be utilized that minimize turbidity of discharged water. It is the Contractors responsibility to provide any best management practices including physical treatment devices needed to meet local, state and federal regulations and to satisfy permit conditions for dewatering. Noise generated by dewatering pumps and generators shall be limited to 60 dBA during working hours and 50 dBA outside of working hours. Noise levels shall be measured at a point near the closest residence to the work. Baffles, additional mufflers, and/or enclosures may be required for generators or other stationary equipment in order to meet the noise requirements. Payment for dewatering shall include all materials, labor, and equipment needed for dewatering, including but not limited to the following: mobilization for dewatering; permit applications, acquisition, and compliance, including any best management practices required by the DNR or other agencies; providing access to streets and driveways, pumps, sump pits, water conveyance systems, rock, or aggregate materials for dewatering foundations, bypassing flows from the 119 SC-13 upstream watershed during DeCola Pond D outlet removal and installation and any other activities needed for dewatering. Payment for this work will be paid under the lump sum (LS) price for dewatering. Construction methods shall be utilized that minimize turbidity of discharged water. It is the Contractors responsibility to provide any best management practices including physical treatment devices needed to meet local, state and federal regulations and to satisfy permit conditions for dewatering. BMPs must be used that minimize TSS and sedimentation by removing solids in water before discharging the water. The Contractor must ensure that BMPs are properly installed before dewatering and maintained for duration of the dewatering work. Depending on anticipated dewatering volumes and rates, contractor may need to apply for a temporary water appropriation permit from the MnDNR. 28. CLEARING AND GRUBBING (2101): Damaged branches and exposed or damaged roots shall be cut off clean and the cost shall be incidental to tree removal. Grinding of stumps will not be permitted and stumps must be dug out unless it is determined that the excavation of a stump could damage a tree that is not being removed. In that case, the City forester shall be consulted and shall determine whether or not the stump shall be completely removed, ground down, or left in place. Payment for Removal and Disposal of Tree and Stump 12 inch to 24 inch Diameter shall be for each (EA) tree and stump removed and disposed, as specified. This unit price shall be payment in full for the costs of all labor, materials, equipment, and overhead to cut, remove, and dispose of trees and stumps as shown on the Drawings and as directed by and marked by Engineer, unless otherwise noted on the plans. Each tree and stump removed will be counted in the field by the Engineer. Contractor shall notify the Engineer of any trees he/she feels must be removed to complete the Work as specified. Once the Engineer marks trees and shrubs for removal, Contractor shall promptly remove such items and dispose of them at an offsite location selected by Contractor. Disposal must be in accordance with all county and state disposal requirements. Contractor shall not leave removed trees, stumps or debris on the Project site overnight. 29.SAWING CONCRETE AND BITUMINOUS PAVEMENT (2104): Sawing concrete and bituminous pavements shall be compensated for at the unit price bid for actual length of pavement sawed in linear foot (LF), as measured in the field by Engineer. Bituminous saw cuts at match points with existing pavements shall be performed immediately prior to placement of bituminous wear course. 120 SC-14 Sawing shall be paid for one time only. Contractor shall be required to take all precautions necessary to ensure that pavement is removed cleanly along all saw cut joints. Any re-sawing of bituminous or concrete pavements deemed necessary by the Engineer shall be done at Contractors expense. Sawing at curb replacement locations shall be incidental to curb removal and will not be measured and paid for separately under this item. Concrete dust shall be vacuumed or swept up immediately after sawcutting concrete pavement/panels. 30. REMOVALS AND SALVAGES (2104): The unit price bid for all items designated for removal shall include disposal at a site selected by Contractor and approved by the Engineer. Items designated to be removed must be loaded and taken from the Project area as they are removed. The City has no areas contiguous to the Project for stockpiling salvaged bituminous pavement or concrete. In no case will removal items be allowed to remain on the Project for more than one week without written consent of the Engineer. Failure to comply with this requirement may result in the City withholding all money due until removal items have been disposed of off the Project. Contractor shall salvage all items designated to be reused on this project as directed by the Engineer. Items damaged by the Contractor that are designated to be salvaged shall be replaced at the Contractors expense. The unit price bid per square yard (SY) to Remove and Dispose Bituminous Pavement shall include complete removal and disposal of bituminous paving and base materials, measured based on plan quantity. The quantity for removal and disposal of bituminous pavement is as shown on drawings. The unit price bid per square yard (SY) to Remove and Dispose Concrete Pavement shall include complete removal and disposal of concrete paving and base materials, measured based on plan quantity. The unit price bid per linear foot (LF) to Remove and Dispose Concrete Curb and Gutter shall include complete removal and disposal of concrete paving and base materials, measured based on plan quantity. The unit price per lineal foot (LF) to Remove and Dispose Sewer Pipe shall include removing and disposal of all pipe and appurtenances such as flared end sections and trash racks, measured based on plan quantity. The unit price per each (each) to Remove and Dispose of Existing Storm Sewer Structure shall include removing and disposal of all concrete structure, top and bottom slab, riser rings, and castings, measured based on plan quantity. The unit price shall be lump sum (LS) to Salvage and Reinstall Boulder Wall shall include all materials, equipment and labor to remove, stockpile, and 121 SC-15 reinstall existing field stone boulder wall as shown in plans, including Class 5 aggregate base and geotextile fabric. 31. EXCAVATION AND EMBANKMENT (2106): Import Topsoil Borrow and Placement shall be constructed in accordance with the Provisions of Section 2106, MnDOT Specification, except as modified herein. Contractor shall also be responsible for determining that excavation areas are clear of utilities prior to excavation. Import Topsoil Borrow and Placement is paid for under the unit price per cubic yard (CY) and will be measured based on load tickets as provided to engineer. This shall include all labor and materials to import and place topsoil to required depth as shown on the drawings. Any bedding and backfill materials for pipe, manhole, and utilities is considered incidental to the individual bid item costs. The Drawings show the approximate construction limits Contractor shall keep the construction within the construction limits to the extent possible. The Engineer will direct Contractor to grade outside of the limits shown when necessary. Contractor shall provide such grading with no additional compensation. Restoration shall be paid at the unit prices for such restoration. 32. WATER USE ON PROJECT (2130): Project related water use for compaction, and dust control shall be considered incidental. Should the Engineer deem that additional water must be used on the Project; Contractor shall provide the water within two (2) hours of notification by the Engineer. Contractor will not be charged for any project related water use. However, to receive permission to take water from hydrants Contractor shall be required to obtain a meter from the City Utilities Maintenance Department (763.593.3962). The meter requires a one thousand eight hundred-dollar ($1,800.00) deposit, which will be refunded when Contractor returns the meter in good condition. Contractor shall identify specific hydrants he/she wishes to take water from during construction and obtain approval from the Engineer. Only hydrants approved by the Engineer will be available for use by Contractor. 33. AGGREGATE BASE (2211): The Class 5 Aggregate Base shall be constructed in accordance with the Provisions of Section 2211 of MnDOT Specifications. The aggregate base shall be compacted in accordance with MnDOT Specification 2211.3C1, Specified Density Method. Contractor may use Class 5 Recycled Aggregate on this Project. If recycled aggregate is used, Contractor shall be responsible for providing testing certification for all recycled aggregate used. Contractor shall provide 122 SC-16 documentation of product source and certification that recycled aggregate meets all requirements for Class 5 (MnDOT Specification), including the percent crushing. Testing documentation shall be performed by a testing agency approved by the City. The rate of testing shall be as follows: The first test shall be performed before use on the project, and thereafter one test every 2,000 tons used. Aggregate Base, Class 5 shall be measured on a basis of unit mass in tons (tons). Contractor shall be paid based on measured by load tickets as provided to engineer to furnish, install, and compact Aggregate Base, Class 5, as specified in the Drawings, using a conversion of 1.6 tons/CY. 34. PLANT MIXED BITUMINOUS MIXTURES (2360): All bituminous mixtures shall be in conformance with MnDOT Specification 2360, except as modified or supplemented herein. Bituminous mixtures to be used on this Project shall be Superpave mixtures as shown below. Refer to Drawings for locations of each mix type. 1. Wearing Course: Type SPWEA240C 2. Non-Wearing Course: Type SPNWB230C Contractor shall submit the following Q/C testing for Class B aggregates 1. Soundness Testing (ASTM C 88) 2. Loss by Abrasion and Impact (ASTM C 131)f In addition, it shall be Contractors obligation to ensure the top surface is closed to the satisfaction of the Engineer. The use of coarse mixtures that do not close to the Engineers satisfaction shall not be permitted. Compaction shall be obtained in accordance with MnDOT Specification 2360.3.D.2, Ordinary Compaction. Contractor shall have a certified person, approved by the City, with calibrated nuclear testing equipment to verify roll patterns achieve maximum density. Design of all mixtures used on this Project shall be approved by MnDOT and mix certification documentation of such shall be provided to the Engineer at least two weeks prior to placement. Bituminous tack coat shall be per MnDOT 2357. The unit price bid for Utility Patch Type A shall be considered compensation in full to furnish and place the wearing course and Class 5 base to match the thickness of the existing pavement and base in accordance with MnDOT Specifications 2360 and 2357 and details presented in the Drawings. Utility Patch Type A shall be measured based on the quantity of actual area of pavement installed in square yards (SY), as measured by Engineer in the field. 123 SC-17 The unit price bid for each mixture shall be compensation in full to place and warrant such mixture as specified. 35. PIPE BEDDING (2451): This shall consist of furnishing and placing bedding material as specified in accordance with the provisions of MnDOT 2451 and 3149, the plan details for utility construction, and the following: Select Granular Material (MnDOT 3149.2B) shall be used for bedding material, and pipe foundation for water main and pipe sewers. Granular bedding used for water main and pipe sewers shall be considered incidental to that watermain pay item. Any necessary excavation for pipe bedding and any disposal of excess material related to pipe bedding shall be considered incidental for which no additional compensation shall be considered. 36. PIPE SEWERS (2503): Pipe Sewers shall be constructed in accordance with the provisions of MnDOT 2503, and the most recent version of the Standard Utilities Specifications for Sanitary Sewer and Storm Sewer Installation, as prepared by CEAM, except as modified below. All joints in the reinforced concrete pipe (RCP) shall be sealed with preformed rubber gasket type seals, in accordance with MnDOT Standard Plate 3006G. Bid Alternate 1 shall include use of CPP pipe instead of RCP as noted in the plans. The unit prices of linear feet (LF) for CPP shall include all materials, labor and equipment to furnish and install the CPP and shall be measured on the basis of measured in the field as installed. No construction joints are allowed for storm sewer pipe connections. The connection to existing storm sewer pipe item shall be to the nearest joint. No concrete collars allowed unless otherwise approve in writing by the Engineer. All RCP sewer pipe flared end section/aprons bid as each (ea). The bid item shall be considered compensation in full for all equipment, materials and labor to install the flared end sections, as shown on the plans. Each flared end section inlet shall have a trash apron furnished and installed as detailed. The unit price bid of each (ea) of Trash Racks shall be measured on basis of measurement in field as installed. Contractor shall be responsible for providing all dewatering by such means as will preserve the structural stability of the trench bottom and sides and provide a dry trench for the installation of the pipe and appurtenant structures. All such dewatering, per the Engineers approval, shall be considered incidental to the pipe and appurtenant structures for which no direct compensation will be made. Pipe materials specific to water main and sanitary sewer construction shall be in accordance with CEAM specifications. 124 SC-18 The unit price bid per linear foot for size of sanitary pipe shall include the equipment and labor necessary to remove and dispose of portion of existing 9 VCP sewer pipe to perform work and install 10 IPS SDR 13.5 HDPE sanitary sewer pipe including 4 insultation as shown in plans. The pipe and necessary fittings will be provided by the City of Golden Valley. The pipe shall include the installation of a green with brown striped #12 solid copper tracer wire in accordance with the details in the plans. Maintaining Flow: Contractor shall maintain flow at all times the sanitary sewer repair location. Maintaining flow on all Sanitary Sewer repairs shall be considered incidental to the bid price. The unit price for pipe sewer includes all pipe excavation, bedding, bedding compaction, and backfill in accordance with MnDOT 2503 Contractor shall supply an OSHA-approved trench box to minimize damage to adjoining landscaping and structures due to installation of pipes and appurtenances. All extra costs to provide the box and install the sewer or water shall be considered incidental for which no extra compensation shall be considered. 37. MANHOLES AND CATCH BASINS (2506): All Manholes and Catch Basins shall be constructed in accordance with the Provisions of Section 2506 of MnDOT Specifications and the most recent version of the Standard Utilities Specifications for Sanitary Sewer and Storm Sewer Installation, as prepared by CEAM, except as modified below, except as modified herein. The unit price bid for each type of drainage structure shall be considered compensation in full to construct each manhole or catch basin complete, in-place in conformance with the Plans, casting assembly, and grate as shown on the Plans, as well as including all materials, equipment and labor to connect to existing and proposed pipe sewer lines in accordance with the Plans, and as directed by the Engineer. This includes, but not limited to, excavating, cutting the existing pipe, connecting new pipes, and securing the connection with a collar, sleeve, or adapter as required. All storm sewer structures that will have castings in the proposed curb and gutter shall be furnished with Neenah Casting Assembly R-3067-L, or approved equal. All other storm sewer castings shall be Neenah Casting Assembly R-1733, or approved equal, as shown in plans. 38. WATER MAIN CONSTRUCTION (2504): Water mains shall be constructed in accordance with the most recent version of the Standard Utilities Specifications for Water main and Service Line Installation, as prepared by CEAM, except as modified below. 125 SC-19 Water mains and appurtenances will be replaced or relocated on this Project as shown on the Plans. Contractor shall be paid for acceptably completed work at the unit prices bid for water main and appurtenant items. No claims for extra compensation above the unit prices shall be considered due to the random location for repairs or relocations, or for over-burying of proposed water mains as shown in the Plans. Ductile Iron Pipe (DIP) and fittings shall be used for water main construction on this project, unless otherwise noted. The CEAM Standard Specifications for Section 2611, Watermain and Service Line installation shall govern for this work. Furnishing and installing tracer wire shall be incidental to the DIP. Pipe bedding as specified is considered incidental to the DIP watermain pay item. All equipment, materials and labor to place 4- inch thick high-density polystyrene Styrofoam insulation as shown in plans to full to insulate water mains and sewers from freezing is considered incidental to the DIP watermain pay item. It shall be Contractors obligation to take precautions when exposing the existing water mains to prevent damage to them. If Contractor fails to take the necessary precautions, all costs to repair damage to the existing water main shall be borne by Contractor. If, in the Engineers opinion, Contractor has taken the necessary precautions and damage occurs, the City will be responsible for the cost of such repairs. All water main flushing shall be performed by City staff, and requires a minimum 48-hour advance notice. Contractor shall supply an OSHA-approved trench box to minimize damage to adjoining landscaping due to installation of pipes and appurtenant structures. All extra costs to provide the box and install the sewer or water (including any necessary excavation for pipe bedding and disposal of excess material related to pipe bedding and/or replacement backfill) shall be considered incidental for which no additional compensation shall be considered. 39. CONCRETE CURB AND GUTTER (2531): Concrete Curb and Concrete Curb and Gutter shall be placed in accordance with the provisions of MnDOT Specification 2531, and these Specifications. Replacement of curbs and driveway panels will be paid for under the bid items for 2531 Concrete Curb and Gutter and Concrete Driveway Pavement. Removals of existing concrete items will be paid for at the Unit Price Bid for such removals. Concrete Curb and Gutter removals shall be paid for under the Remove Concrete Curb and Gutter Item regardless of length. Each size and type of concrete curb and concrete curb and gutter will be paid for under its respective bid item. Necessary bituminous patching shall be paid for under the item for such work. 126 SC-20 In some areas, the Engineer shall require Contractor to hand-place curbs, walks and pavements to avoid damage to landscaping, retaining walls, etc. No request for additional compensation shall be considered to accommodate this requirement. 40. CONCRETE DRIVEWAY PAVEMENT (2531): The unit price bid per square yard for Concrete Driveway Pavement shall be considered compensation in full to construct driveway approach and aprons and driveways as directed by the Engineer, and in conformance with MnDOT Specification 2531, and the standard details in the Plans. 6-inch pavement shall be used on all residential driveways. All concrete driveway pavement shall be completed within three (3) days from the completion of curb at each driveway location. Failure to complete the Work in accordance with this requirement may result in the City withholding all monies due until the Work is completed. For concrete driveways that residents elect to have replaced in conjunction with this Project, the unit prices bid for common excavation, aggregate base and concrete driveway pavement shall be considered compensation in full to perform such extra work as directed by the Engineer. No claims for additional compensation shall be considered. Any structural or surface defect which occurs on driveways constructed on this Project within the one-year warranty period, described in the General Conditions of these Specifications, including, but not limited to, hairline cracks, minor scaling, minor pop outs or unacceptable broom finish shall be cause for rejection of the pavement and replacement at Contractors expense. Determination of defective pavement to be replaced shall be solely made by the Engineer. The concrete to be used for hand-placed flatwork shall be in accordance with the provisions of MnDOT Specification 2531, and these Specifications. However, Contractor may, with the Engineers approval, modify the concrete mixture to reduce the possibility of defects. However, the unit price bid for concrete pavement shall remain the same. All extra costs for such modifications shall be borne by Contractor. Whenever the Engineer deems it necessary, Contractor shall phase driveway and curb construction to accommodate access to handicapped residents. This will include multiple mobilizations to ensure adequate cure time on the concrete before placing traffic on it. Compliance with this requirement will not lessen Contractors responsibility to warrant the Work in accordance with these Specifications. 41. RANDOM RIPRAP CLASS III WITH FILTER FABRIC (2511): The Contractor shall place random riprap, class III at stormwater pipe inlets and outlets in 127 SC-21 accordance with MnDOT Specification 2511, the detail in the Drawings, and as directed by the Engineer. Quarried limestone is specified on this project. Geotextile Fabric, Type IV, shall be placed under Random Riprap as shown on the detail in the Drawings and as directed by the Engineer. The fabric shall meet the requirements of MnDOT Specification 3733 and be incidental to the Random Riprap, Class III with Filter Fabric pay item. The unit price bid per plan quantity in tons (TON) of Random Riprap, Class III with filter fabric shall be considered compensation in full for all equipment, materials, and labor to furnish and install riprap at pipe culvert inlets and outlets, complete as specified and as shown in the plans. This bid item shall be measured on the basis of load tickets as submitted to engineer. 42. TRAFFIC AND PEDESTRIAN SAFETY CONTROL MEASURES AND MAINTENANCE (2563): Contractor shall maintain vehicle and pedestrian traffic at all times during construction in accordance with the current Minnesota Manual of Uniform Traffic Control Devices (MMUTCD) and its supplements, and as it may be deemed necessary by the Engineer. Contractor shall submit a temporary traffic and pedestrian control plan two weeks prior to construction. In the event that the City must install additional signs for traffic control for safety purposes, the cost for such measures shall be billed to Contractor or withheld from monies due. In order to facilitate project safety, Contractor shall position and schedule deliveries of all materials to be incorporated into the Work, such as pipe and articulated concrete block, to minimize conflict with traffic flow. Failure to cooperate with the Engineer in this respect shall authorize the Engineer to have such materials removed from the Project by any means available until their use is imminent. The costs associated with such removal and return to the Project site shall be borne by Contractor with no additional compensation. Contractor shall be required to schedule his daily work to ensure that all excavations are filled in completely; adequate drainage is provided to prevent any water from standing on the Project site; and an adequate driving surface with Class 5 or salvaged bituminous millings is provided at the completion of work each day. Contractor shall also schedule equipment and its work so no removal items, spoil or aggregate piles are left within the rights-of-way overnight except by express, written consent of the Engineer. It shall also be Contractors responsibility to handle all such salvaged material in a way to prevent segregation and/or contamination of all salvaged materials. Throughout construction, Contractor shall provide safe and adequate access at all times for residents, property owners and emergency vehicles. Access shall 128 SC-22 include the maintaining of ingress and egress of private driveways throughout construction Throughout the duration of construction, Contractor shall coordinate with the City a minimum of at least twenty-four (24) hours in advance, any inconveniences to property owners. The City will provide Contractor with printed door hangers that shall be placed in residents doors by Contractor no later than 5:00 p.m. the day before work is to begin. Contractor is responsible for notifying property owners of any limited access at least twenty-four (24) hours in advance. A haul route will be along Winnetka Heights Drive to Winnetka Avenue, as shown in the plans. Payment for Traffic and Pedestrian Safety Control Measures, including but not limited to barricades, jersey barriers, signage will be based on a unit lump sum (LS), all complete as specified and as shown on plans. The construction limits will be construction fencing, as shown on the Drawings. These will be paid for as separate bid items as noted in this section. 43. CONSTRUCTION FENCING (2572): All Construction Fencing must be in place before any work begins, including dewatering, and must remain in-place throughout the construction. When Construction fencing and silt fence are placed in the same location, Contractor may utilize the same posts for both applications. The unit price bid per linear foot for construction fencing shall be considered compensation in full to place 4-foot high, orange construction fence as shown in plans and maintain such protection as directed and measured in the field by the Engineer. 44.EROSION AND SEDIMENTATION CONTROL (2573): Contractor shall provide temporary erosion control in accordance with the provisions of MnDOT Section 2573, the Bassett Creek Water Management Commission, Minnesota Department of Natural Resources, Minnesota Pollution Control Agency and the Engineer. In accordance with the Specifications, Contractor shall provide the Engineer with the name and 24-hour contact information of the Erosion Control Supervisor at the pre- construction conference. The unit price bid to provide an Erosion Control Supervisor for this project shall be considered compensation in full for the person to perform all duties in accordance with MnDOT Specification 2573. Compensation shall be considered all-inclusive on a lump sum basis, with no direct payment for each duty or for the number of hours worked. A.Daily Street Sweeping: Contractor will be required to provide proof of ability to perform the street cleaning at the pre-construction conference. This proof may include demonstration of the ability to use his or her own equipment and forces, or an executed contract with a subcontractor. 129 SC-23 All sweeping shall be done between 7:00 a.m. and 7:00 p.m. daily, or more often as directed by the Engineer. The unit Lump Sum (LS) price to perform street sweeping shall be considered payment in full to sweep all areas, on a daily basis, deemed necessary by the Engineer to prevent sediment from entering any water body or storm sewer. Contractor shall furnish a pick-up sweeper, which actively controls dust and all trucks or other equipment the Engineer deems necessary to remove all sediment. Any additional street sweeping directed by the Engineer must be performed within four (4) hours of the Engineers order. Failure to perform ordered street sweeping within this four-hour period would result in the sweeping being performed by the City of Golden Valley staff (minimum charge of $400 per hour with a 2-hour minimum) or by a contractor hired by the City. Any and all costs incurred by the City to perform street sweeping which is Contractors responsibility will be deducted from the monies due to Contractor. A.Storm Drain Inlet Protection: 1. Wimco Inlet Protection. Contractor shall provide Wimco Inlet Protection devices, or approved equal, on all inlets where inlet protection is designated. Information on the Wimco devices can be obtained at www.roaddrain.com. Payment will be made on the basis of plan quantity of each (EA) structure protected through all phases of the Work. Use of different methods for protection in order to phase the Work or for the ease of the construction shall not be cause for multiple payments over one per structure. B.Silt Fence: Contractor shall install machine sliced silt fence and maintain as shown on the Drawings, or as directed by the Engineer. Maintenance is to include repair of any torn or damaged silt fence immediately following discovery of the problem. Accumulated silt is to be removed when deposits reach approximately one-third the height of the silt fence, or more often as directed by the Engineer. Payment will be made on the basis of plan quantity of linear feet (FT) Silt Fenced, Machine Sliced installed through all phases of the Work. C.Sediment Log: Contractor shall install sediment log and maintain as shown on the Drawings, or as directed by the Engineer. Maintenance is to include repair of any torn or damaged sediment logs immediately following discovery of the problem. Payment will be made on the basis of plan quantity of linear feet (FT) sediment log installed through all phases of the Work. D.Flotation Silt Curtain: Contractor shall install still water type flotation silt curtain (light duty) in accordance with the Plan details and MnDOT Specification Sections 2573 and 3887, or as directed by the Engineer. Payment will be made on the basis of plan quantity of linear feet (FT) Flotation Silt Curtain, Light Duty installed E.Stabilized Construction Entrance: Contractor shall furnish, install, and maintain a stabilized construction entrance as shown on the Drawings or 130 SC-24 directed by the Engineer. Payment will be made on the basis of each (EA) Stabilized Construction Entrance installed and maintained. F.Inspection of Erosion Control Measures: The Erosion Control Supervisor will be required to inspect all erosion and sediment control measures on a daily basis and complete an inspection form to be provided by the City. These forms are then to be submitted to the Engineer at the weekly construction meetings. This shall be considered incidental to the Mobilization bid item. G. Concrete Washout Area: Contractor shall provide a concrete washout area that meets NPDES requirements and the Storm Water Pollution Prevention Plan (SWPPP). This shall be considered incidental to the Mobilization bid item. The concrete washout area shall include all necessary labor, materials and equipment to provide an onsite washout facility as shown on the detail in the Drawings. 45. SOIL BED PREPARATION FINE GRADING & POWER ROTOTILLING (P) (2574): Prepare seeding areas, planting holes and planting beds in accordance with MnDOT standard Specifications 2571 and 2574. Project related soil bed preparation will include finish grading and power rototilling as indicated on the Plans in accordance with the provisions of Mn/DOT Standard Specification 2571 and 2574 are hereby supplemented and/or amended by the following. With the use of chemicals, it is the Citys policy to reduce the use of chemical that harm or potentially impact natural resources and human health. See Use of Chemicals section above. Measurement and payment for Soil Bed Preparation Fine Grading and Power Rototilling will be measured and paid for on a per Acre, based on the plan quantity. The item shall include all equipment, materials, and labor all complete in accordance with the plan and as specified. Payment shall be compensation for all materials, labor, and equipment necessary to complete the work as required by the plans or required by the Engineer/Landscape Architect. 46. ESTABLISHING VEGETATION AND CONTROLLING EROSION (2575): Prior to seeding and placing erosion control blanket, the topsoil surface shall be smooth, all snow and ice shall be removed (if applicable), all surface debris removed so that the erosion control blanket is in full contact with the soil. Regrade and repair all erosion prior to seeding and placing erosion control blanket and/or hydromulch. All erosion repairs shall be considered incidental to the seed installation and no additional compensation will be made. 131 SC-25 Seed mixtures used on the project shall be as specified in the plans and specifications herein. The provisions of MnDOT 2575.1 are supplemented with the following: A. All disturbed areas within the project shall be restored to an equal or better condition to that which was in place prior to construction and as directed by the Engineer/Landscape Architect. No bald spots will be accepted. These specifications apply for all seeding activities in this project. The provisions of MnDOT 2575.2D are supplemented with the following: B. Seeding: Seeding shall be completed within seven (7) days after finish grading has been completed. Seeding shall be completed in the locations identified in the plans and with the seeds and seeding rates as shown and described in the plans and specifications.. The Engineer/Landscape Architect shall identify areas deemed as satisfactory growth. Insufficient establishment shall be defined as any spots, areas, or patches that have shorter, sparser, or otherwise limited establishment relative to satisfactory areas. The Contractor must repair all areas that have insufficient establishment as directed by Engineer, within seven (7) days of being notified of said insufficient growth. Prior to initial establishment, it is expected that the Contractor will need to return to the project site at least once, and potentially multiple times, to fix, maintain, reseed, or otherwise provide services to ensure adequate initial establishment. Measurement and payment for furnishing and installing all seed (Shoreline seeding (per mix outlined in plans) and MnDOT low maintenance turf seed mix (25-131) shall be made on an Acre basis, based on plan quantities. This item shall include all equipment, materials, and labor to seed all areas as shown in the plans, all complete as specified and as required by the plans. Prior to starting work, calibrate and adjust seeding equipment to sow seeds at the proper seeding rate. Equipment shall be operated in a manner to ensure complete coverage of the entire area to be seeded. Steam clean or thoroughly wash all equipment prior to starting work to prevent contamination from outside seed sources. Install seed per MnDOT 3876. No additional payments will be made for multiple mobilizations or seeding costs to install or reseed areas that have failed to grow. The Contractor shall not be paid twice for seeding the same area. 132 SC-26 Immediately after seeding, place Rolled Erosion Control Blanket or Hydromulch as shown in plans. Erosion Control Blanket: Contractor shall furnish, install, and maintain erosion control blanket, Category 3N2S as shown on the Drawings or directed by the Engineer. If soils are not frozen, anchor blanket with six inch (6) steel wire pressed straight into ground without bending. Payment will be made on the basis of plan quantity of area of erosion control blanket installed and maintained in square yards (SY). Hydromulch: All seeding areas shall utilize hydromulch for stabilization unless otherwise noted on the plans, regardless of slope, with type bonded fiber matric (BFM) with natural tackifier in accordance with MnDOT specification 2575. 1. Hydromulch must be installed within 24-hours of final seeding. 2. Bonded fiber Matric (BFM) shall be in accordance with MnDOT specification 3884.B.4 and amended as follows: a. Fibers colored with water soluble, non-toxic dye; b. Natural tackifier shall be in accordance with MnDOT specification 3884.A.1. 3. Apply at the given rate to the entire seeding surface as per manufacturers requirements. Measurement and payment for Hydraulic Bonded Fiber Matrix with Natural Tackifier shall be per Pound (LB) based on plan quantity, converted to pounds using a rate of 3000 lbs per acre installed per MnDOT 2575. This item includes all materials, equipment, and labor to install hydromulch per plan and as specified. 47. TREES, SHRUBS, and PERENNIALS, AS SPECIFIED (2571): The Contractor shall furnish, plant, and guarantee the viability of trees and shrubs Per MnDOT specification 2571 and as indicated on the plans and in the field by the Engineer/Landscape Architect. Contractor shall be responsible for watering planted trees and shrubs (regardless of notification) during entire warranty period. Contractor shall water within 24 hours of receipt of notification from Owner or Owners Representative. Watering will be considered incidental to plant maintenance operations. Contractor shall provide a record of watering activities to Owner and Engineering after each visit to confirm completion of watering. Failing to provide a record of watering activities will restart the full length of original warranty of all trees and shrubs replanted as deemed by Engineer/Landscape Architect to have failed as a result of lack of water. Contractor shall provide watering up to 1-inch per week for tree and shrub plantings. Ensure uniform watering is completed over entire root area. Maintain 133 SC-27 adequate but not excessive soil moisture by saturating the soil within the root zone. Use a soil recovery probe to check the soil moisture to a depth of 18 inches, and adjust the intervals and frequency of watering in accordance with prevailing moisture and weather conditions. Provide additional watering as required or as directed by the Owner or Owners Representative to maintain uniform moisture throughout the soil. WARRANTY A. Contractor to warranty all shrubs and trees under this contract for one (1) year from the time of Preliminary Acceptance. B. Contractor to warranty all container perennials under this contract for one (1) full years from the time of Preliminary Acceptance.. C. Contractor to warranty all plug perennials under this contract for 60-days from the time of Preliminary Acceptance. D. Replacements: During the Warranty Period all plants shall fulfill all the requirements of these specifications with regard to quality and condition. a. Plants shall be free of dead branches and twigs and shall bear a minimum of 80% of the foliage present when planted having normal density, size, shape and color as determined by the Owner. Any plants failing to satisfy all these conditions shall be replaced within two weeks of notification. E. Remove dead plants immediately. Replace immediately unless required to plant in the succeeding planting season. F. Inspection: At end of Warranty Period, inspection will be made by Landscape Architect / Engineer, upon written notice by Contractor, at least 5 days before the anticipated date. Plantings provided under this Contract that are dead or in unsatisfactory condition, as determined by Landscape Architect / Engineer, shall be removed from site and replaced as soon as conditions permit during normal planting season. G. Replacement stock shall be subject to all requirements as to selection, inspections, preparation, planting and maintenance operations. Replacements shall match caliper and/or height attained by other stock of the original planting. a. Replacement stock shall not be under warranty unless the death was deemed a result of Contractor negligence related to watering. i. If plant death was a result of the Contractor failing to provide adequate amounts of water during drought periods, as determined by the Engineer/Landscape Architect, the 134 SC-28 replacement stock shall be warrantied one (1) year following date of replanting. a. Final Acceptance and Payment: A final inspection will be held after the end of the Warranty period and after all replacements are complete. Final acceptance will be submitted in writing by the Engineer/Landscape Architect and payment will be issued for the amount of the retainage. H. Delays: Delays in completion of planting operations, which extend the planting into more than one planting season, shall extend the Warranty period correspondingly. I. Exceptions: Contractor shall not be held responsible for failures due to vandalism, sediment accumulation or loss of plants due to salt application. The determination of plant failure due to salt applications will be judged by a botanist appointed by the Owner. J. Unsatisfactory Plant Materials a. Remove and immediately replace all plants, as determined by the Owners Representative, which are unsatisfactorily planted. BASIS OF PAYMENT The unit price bid for each Tree as Specified (Tree, #10 Container with Protection) shall be based on plan quantity. This item shall be considered compensation in full for all materials, equipment, and labor for furnishing, planting, warranty, and maintaining during warranty period. Each variety listed on the plans in conformance with the planting details, and as directed by the Engineer/Landscape Architect. Quantities are not guaranteed. Mulch and deer protection fencing shall be considered incidental to each Tree as Specified bid price. The unit price bid for each Shrub #2 Container and perennial plug shall be based on plan quantity. This item shall be considered compensation in full for all materials, equipment, and labor for furnishing, planting warranty, and maintaining Each variety as listed on the plans in conformance with the planting details, and as directed by the Engineer/Landscape Architect. Mulch shall be considered incidental to all shrubs and perennial plantings. 48. MULCH MATERIAL (2575): The unit price bid for each type of Mulch Material shall be considered compensation in full to furnish and install the required mulch in new plant beds in accordance with MnDOT Specification 2575. Mulch Material, Type Special shall be used to construct landscape beds with processed shredded hardwood mulch in accordance with the plans. Mulch shall be placed a minimum of 3-inches deep. Mulch Material, Type Special shall 135 SC-29 be measured and compensated for by the area in square yards of mulch material acceptably placed beyond the extents of mulch considered incidental to the tree and shrub pay items. 49.VIBRATION MONITORING: The unit price bid as lump sum (LS) for Vibration Monitoring. Contractor shall monitor vibration frequencies (measured in Hertz) and peak particle velocity (measured in inches/second) using seismograph with triaxial geophones (Instantel Minimate, or equivalent) for a week prior to start of pipe removal and replacement (to serve a baseline) and during active construction including pipe removal and replacement on both the north and south sides of Winnetka Heights Drive, with monitoring equipment placed on within 5 feet of the closest corner of an existing residential structure to the project area (with a total of 4 residential structures in project area). Barr and city staff shall have access to vibration monitoring records daily when work is actively occurring onsite.. Automatic alarm will shall notify contractor if peak particle velocity thresholds greater than 0.4 in/sec are reached. If vibration threshold is exceeded, contractor, Barr, and city staff will need to discuss options to mitigate vibration impacts. 136 SC-30 This Page Left Blank Intentionally 137 GENERAL CONDITIONS 138 This Page Left Blank Intentionally 139 GC - i GENERAL CONDITIONS INDEX Page SECTION I - GENERAL ...................................................................................................1 1. DEFINITIONS...................................................................................................1 2. FAMILIARITY WITH LAWS AND ORDINANCES ............................................3 SECTION II - AWARD AND EXECUTION OF THE CONTRACT ....................................3 1. CONSIDERATION OF PROPOSALS ..............................................................3 2. EXECUTION OF CONTRACT..........................................................................4 3. FAILURE TO EXECUTE CONTRACTS...........................................................4 SECTION III - SCOPE OF WORK....................................................................................4 1. INTENT OF PLANS AND SPECIFICATIONS..................................................4 2. INCREASED OR DECREASED QUANTITIES OF WORK..............................4 3. CHANGES IN THE WORK...............................................................................5 4. UNCLASSIFIED WORK...................................................................................7 5. CONSTRUCTION CHANGE DIRECTIVES......................................................7 6. FINAL CLEAN-UP............................................................................................8 SECTION IV - CONTROL OF WORK ..............................................................................8 1. AUTHORITY OF ENGINEER...........................................................................8 2. CONFORMITY WITH PLANS AND ALLOWABLE DEVIATIONS....................8 3. COORDINATION OF PLANS AND SPECIFICATIONS...................................8 4. COOPERATION BY CONTRACTOR...............................................................8 5. CARE AND PROTECTION OF WORK AND MATERIALS..............................9 6. AUTHORITY AND DUTY OF INSPECTOR .....................................................9 7. INSPECTION..................................................................................................10 8. UNAUTHORIZED WORK...............................................................................10 9. DEFECTIVE WORK.......................................................................................10 10. FINAL INSPECTION ......................................................................................11 11. GUARANTEE.................................................................................................11 12. FOSSILS ........................................................................................................12 SECTION V - CONTROL OF MATERIALS....................................................................12 1. SOURCE AND QUALITY OF MATERIALS....................................................12 2. STANDARD STOCK PRODUCTS.................................................................12 3. TESTS OF MATERIALS.................................................................................12 140 GC - ii 4. STORAGE......................................................................................................13 5. DEFECTIVE MATERIALS..............................................................................13 6. FAILURE TO REMOVE DEFECTIVE MATERIALS.......................................13 SECTION VI - LEGAL RELATIONS AND RESPONSIBILITY TO PUBLIC....................13 1. LAWS TO BE OBSERVED.............................................................................13 2. PERMITS AND LICENSES............................................................................14 3. PATENTED DEVICES, MATERIALS AND PROCESSES.............................14 4. SANITARY PROVISIONS..............................................................................14 5. PUBLIC CONVENIENCE AND SAFETY, BARRICADES, LIGHTS AND WARNING SIGNALS......................................................................................15 6. MAINTENANCE OF DRAINAGE AND ACCESS TO MUNICIPAL AND PRIVATE UTILITIES ......................................................................................15 7. SITES TO BE KEPT CLEAN..........................................................................16 8. NOISE ELIMINATION ....................................................................................16 9. USE OF EXPLOSIVES...................................................................................16 10. PROTECTION AND RESTORATION OF PROPERTY..................................16 11. EXISTING SURFACE, OVERHEAD AND UNDERGROUND STRUCTURES 17 12. MAINTENANCE OF SERVICE IN EXISTING STRUCTURES.......................18 13. RAILWAY AND HIGHWAY CROSSINGS......................................................18 14. RESPONSIBILITY FOR LABOR, MATERIAL, EQUIPMENT AND DAMAGE CLAIM.............................................................................................................19 15. CONTRACTOR’S RESPONSIBILITY FOR WORK........................................19 16. SAFETY PRECAUTIONS AND ACCIDENT PREVENTION..........................19 17. REQUIREMENTS OF CONTRACT BOND....................................................20 18. PUBLIC LIABILITY AND PROPERTY DAMAGE INSURANCE.....................20 19. WORKMEN’S COMPENSATION INSURANCE.............................................22 20. COMPLIANCE WITH EXISTING CONTRACTS BETWEEN THE .................22 SECTION VII - PROSECUTION AND PROGRESS.......................................................22 1. SUBLETTING OR ASSIGNMENT OF CONTRACT.......................................22 2. PROSECUTION OF WORK...........................................................................22 3. LIMITATIONS OF OPERATIONS ..................................................................23 4. CHARACTER OF WORKMEN AND EQUIPMENT........................................23 5. CONTRACTOR’S RIGHT TO REQUEST CHANGES....................................24 6. TEMPORARY SUSPENSION OF WORK......................................................24 7. SUBSTANTIAL COMPLETION......................................................................24 141 GC - iii 8. DETERMINATION AND EXTENSION OF CONTRACT TIME FOR COMPLETION................................................................................................25 9. FAILURE TO COMPLETE WORK ON TIME .................................................26 10. RIGHT OF THE CITY TO DECLARE CONTRACTOR IN DEFAULT.............26 11. COMPLETION OF THE WORK AFTER DEFAULT.......................................27 12. PARTIAL DEFAULT.......................................................................................28 13. TERMINATION OF CONTRACTOR’S RESPONSIBILITY.............................28 SECTION VIII - MEASUREMENT AND PAYMENT.......................................................28 1. MEASUREMENT OF QUANTITIES...............................................................28 2. SCOPE OF PAYMENT...................................................................................29 3. WORK COVERED BY CONTRACT PRICE...................................................29 4. BASIS OF PAYMENT.....................................................................................29 5. PAYMENTS FOR INCREASED OR DECREASED QUANTITIES.................29 6. PAYMENT FOR SURPLUS MATERIALS......................................................30 7. CLAIMS AND PROTESTS.............................................................................30 8. PAYMENT FOR UNCLASSIFIED AND FORCE ACCOUNT WORK.............32 9. PARTIAL PAYMENTS....................................................................................33 10. FINAL PAYMENT...........................................................................................34 11. CERTIFICATE OF COMPLIANCE OF MINNESOTA WITHHOLDING TAX..34 SECTION IX - MISCELLANEOUS PROVISIONS..........................................................34 1. NONDISCRIMINATION..................................................................................35 2. GOVERNMENT DATA...................................................................................35 3. VENUE AND FORUM. ...................................................................................35 4. COUNTERPARTS..........................................................................................35 5. ELECTRONIC SIGNATURES........................................................................36 6. NOTICES........................................................................................................36 7. SEVERABILITY..............................................................................................36 8. NO WAIVER OF LEGAL RIGHTS..................................................................36 142 GC - 1 GENERAL CONDITIONS CITY OF GOLDEN VALLEY SECTION I - GENERAL 1. DEFINITIONS When used in the Contract Documents, the intent and meaning of the below listed terms shall be as follows: A. "A.S.T.M." means the American Society for Testing Materials. B. "Bidder" means any individual, firm or corporation submitting a Proposal for the Work contemplated, acting directly or through a duly authorized representative. C. "City" means the City of Golden Valley, Minnesota. D. "Contract" means the entire agreement covering the performance of the Work and the furnishing of materials in the construction. E. "Contractor" means the individual, firm, partnership, corporation or company with which the City contracts and unless otherwise specified, includes subcontractors of Contractor. F. "Contract Bond" means collectively the approved forms of security furnished by Contractor and Contractor’s Surety or Sureties as a guarantee of good faith on the part of Contractor to execute and pay for the Work in accordance with the terms of the Contract. G. "Contract Price" means the total amount payable by the City to Contractor, including authorized adjustments, for the performance of the Work under the Contract Documents and is stated in the Agreement. H. "Contract Time" means the period of time, including authorized adjustments, allotted in the Contract Documents for Final Completion of the Work. I. "Engineer" means the City Engineer, or her/his designee. J. "Final Completion" means the stage of construction following Substantial Completion when the Contractor has completed all written corrective measures for damaged or defective Work as determined by the Engineer, and has provided 143 GC - 2 all documents required for close out of the Contract as discussed within the Contract Documents. K. "Force Account" means the payment method used for extra work if Contractor and the Engineer are unable to negotiate prices for revised Work. L. "Force Account Work" means work completed on a Force Account basis. M. "Inspector" means an authorized representative of the Engineer, assigned to make any or all necessary inspections of the Work performed and the materials furnished by Contractor. N. "Laboratory" means the testing laboratory that shall be approved by the Engineer to inspect and determine the suitability of materials. O. "Plans" means all approved drawings or reproductions of drawings pertaining to the construction of the Work and appurtenances. P. "Proposal" means the proposal for the Work submitted by the Bidder on the Proposal Form. Q. "Proposal Form" means the approved form on which the Bidder submits its Proposal for the Work contemplated. The Proposal may also be referred to as the bid. R. "Proposal Guarantee" means the security designated in the Proposal to be furnished by the Bidder as a guarantee of good faith to enter into a contract with the City if the Work is awarded to the Bidder. S. "Specifications" means the directions, provisions and requirements contained in the Contract Documents, together with all written agreements made or to be made, pertaining to the method and manner of performing the Work, or to the quantities and qualities of materials to be furnished under the Contract Documents. T. "Substantial Completion" is the stage in the progress of the Work when the Work or a designated portion thereof is sufficiently complete in accordance with the Contract Documents so that the City can occupy or use the Work for its intended purpose. For the avoidance of doubt, unless otherwise agreed, Substantial Completion requires all of the following to be complete: all utility and storm sewer installation (except as noted below), placement of the base course and wear course of bituminous, sidewalk and pedestrian ramps, curb and gutter, driveway pavement, signage, sod, seed, pavement markings and project cleanup. Sanitary sewer lining and wye grouting or wye lining need not be complete to achieve 144 GC - 3 Substantial Completion; however, all work related to these items shall be completed prior to Final Completion. U. "Surety" is the individual or corporate surety that is bound with and for Contractor for the acceptable performance of the Contract and for its payment of all obligations pertaining to the Work. V. "Unclassified Work" means all work and materials that are not included under any items in the Proposal and Contract, for which a unit price has been submitted. W. The "Work" means the construction and services required by the Contract Documents, whether completed or partially completed, and includes all other labor, materials, equipment, and services provided or to be provided by Contractor to fulfill Contractor’s obligations. The Work may constitute the whole or a part of the Project. X. Meaning of expressions - In order to avoid cumbersome and confusing repetition of expressions in these Specifications, whenever it is provided that anything is, or is to be done or is, "contemplated," "required," "directed," "specified," "authorized," "ordered," "given," "designated," "indicated," "considered necessary," "permitted," "suspended," "approved," "acceptable," "unacceptable," "suitable," "unsuitable," "satisfactory," "unsatisfactory," or "sufficient," it shall be taken to mean and intend by or to the Engineer. 2. FAMILIARITY WITH LAWS AND ORDINANCES Contractor is assumed to have made itself familiar with all laws, ordinances and regulations which in any manner affect those engaged or employed in the Work, or the materials or equipment used in or upon the improvement, or in any way affect the conduct of the Work. No plea of misunderstanding will be considered on account of the ignorance thereof. The provisions of such laws or ordinances are deemed to be a part of these Specifications, and Contractor shall be bound by the provisions thereof. SECTION II - AWARD AND EXECUTION OF THE CONTRACT 1. CONSIDERATION OF PROPOSALS Comparison of proposals will be based on the correct summation of item totals, obtained from the Proposal Form. In the case of errors on a Proposal Form, the unit price shall be used to determine the correct total for a bid item. The City reserves the right to award any or all alternate bid items, or any combination thereof, in the best interest of the City. The City reserves the right to reject any or all Proposals and to waive defects or technicalities as it may deem in the best interest of the City. 145 GC - 4 2. EXECUTION OF CONTRACT The individual, firm, partnership, corporation or company to which the Contract has been awarded shall sign the necessary agreements, enter into a contract with the City, and shall return all necessary documents to the office of the City Clerk of Golden Valley within ten (10) days after it has received notice of award. 3. FAILURE TO EXECUTE CONTRACTS Failure to furnish the Contract Bonds in the sum equal to the amount of the award, or to execute the Contract within ten (10) days as specified, shall be just cause for annulment of the award. It shall be understood by the Bidder that, in the event of annulment of the award, the amount of the Proposal Guarantee deposited with the Proposal shall be retained by the City, not as a penalty, but as liquidated damages to compensate the City for additional costs and expenses. SECTION III - SCOPE OF WORK 1. INTENT OF PLANS AND SPECIFICATIONS The intent of the Plans and Specifications is to prescribe the complete Work or improvement that Contractor undertakes to do. The Plans and Specifications shall be read and interpreted in conjunction with the Contract Documents. Unless otherwise provided, it is understood that Contractor shall furnish all labor, material, equipment, tools, transportation, necessary supplies and incidentals as may reasonably be required to complete the Work in accordance with the Plans, Specifications and other Contract Documents. The approved Plans are on file in the office of the City Clerk, City of Golden Valley, Golden Valley City Hall, 7800 Golden Valley Road, Golden Valley, Minnesota 55427, and show the location, details and dimensions of the Work. Any deviations from the Contract Documents as may be required during construction shall, in all cases, be determined by the Engineer and authorized in writing by the Engineer before such deviations are consummated. The City may attach addenda to these Specifications, to be filed with such Specifications and incorporated as part thereof, at the office of the City Clerk of Golden Valley. Bidders shall be responsible to examine such Specifications as are on file for addenda before submitting Proposals. 2. INCREASED OR DECREASED QUANTITIES OF WORK The Engineer shall have the sole right to increase or decrease any or all of the items specified in the Contract Documents, including the elimination of any one or more 146 GC - 5 items. Such changes shall not invalidate the Contract. If quantities originally contemplated are materially changed, Contractor shall request a cost adjustment in writing in compliance with the Change Order requirements set forth in Section 3 herein. Approval of any such cost adjustment shall be at the sole discretion of the Engineer and the Engineers decision shall be final on any and all matters concerning cost adjustment. No payment for changed items shall be made to Contractor until both parties have signed the Change Order. Except in the case of minor changes in the Work approved or ordered by the Engineer in accordance with Section III (3)(D), or ordered by the Engineer in accordance with Section III (3)(C), Contractor may make substitutions only with the consent of the City, after evaluation and written approval by the Engineer and in accordance with a Change Order. 3. CHANGES IN THE WORK A. GENERAL Changes in the Work may be accomplished after execution of the Contract, and without invalidating the Contract, by Change Order, Construction Change Directive or order for a minor change in the Work, subject to the limitations stated in this Section and elsewhere in the Contract Documents. A Change Order shall be based upon agreement between the City and Contractor. A Construction Change Directive may be issued by the Engineer and may or may not be agreed to by Contractor. An order for a minor change in the Work may be issued by the Engineer alone and shall not involve a change in the Contract Price or Contract Time. Changes in the Work shall be performed under applicable provisions of the Contract Documents. Contractor shall proceed promptly with changes in the Work, unless otherwise provided in the Change Order, Construction Change Directive, or order for a minor change in the Work. B. CHANGE ORDERS A Change Order is a written instrument prepared by the Engineer and signed by the City and Contractor stating their agreement upon all of the following: i) The change in the Work; ii) The amount of the adjustment, if any, in the Contract Price; and iii) The extent of the adjustment, if any, in the Contract Time. C. MINOR ALTERATIONS OF PLANS OR CHARACTER OF WORK The Engineer may order minor changes in the Work that are consistent with the intent of the Contract Documents and do not involve an adjustment in the Contract Price or Contract Time. The Engineers order for minor changes shall be made in writing. If Contractor believes that the proposed minor change in the Work will affect the Contract Price or Contract Time, Contractor shall notify the Engineer and shall 147 GC - 6 not proceed to implement the change in the Work. If Contractor performs the Work set forth in the Engineers order for a minor change without prior notice to the Engineer that such change will affect the Contract Price or Contract Time, Contractor waives any adjustment to the Contract Price or extension of the Contract Time. D. ELIMINATION OF WORK Should the City eliminate any Contract items from the Contract, delete any Work, or order termination on a Contract item before completion of that unit, Contractor shall be reimbursed for all costs incurred prior to notification that are not the result of unauthorized work. Compensation will be made on the following basis: i) Accepted quantities of Work completed in accordance with the Contract will be paid for at the Contract prices. ii) For materials that have been ordered but not incorporated in the Work, reimbursement will be made in accordance with the procedure set out for Surplus Material. iii) For partially completed items, accepted Work shall be paid for on the basis of a percentage of the Contract bid price equal to the percentage of actual accomplishment toward completion of the item. In arriving at this percentage, the value of materials incorporated in the partially completed items will be considered to be the actual purchase price of the materials, plus transportation costs, to which will be added fifteen percent (15%) of the sum thereof. Contractor shall also be reimbursed for such actual expenditures for equipment, mobilization, and overhead as the City considers directly attributable to the eliminated work and that are not recovered as part of the direct payment for the Work. Payment for completed Work at the Contract prices and for partially completed Work and materials in accordance with the above provisions, together with such other allowances as are made for fixed costs, shall constitute final and full compensation for the Work related to those Contract items that have been partially or totally eliminated from the Contract. 4. UNCLASSIFIED WORK All work and materials that are not included under any items in the Proposal or Contract Documents and for which a unit price has been submitted, shall be designated as Unclassified Work. Before any Unclassified Work is performed, the Engineer shall submit to Contractor for its acceptance, a Change Order stating the location, nature, estimate of 148 GC - 7 quantities, and basis of payment of work to be performed. When this Change Order has been signed by both parties, it shall become part of the Contract. Any Change Order shall stipulate a unit price or lump sum for the performance of work. Where a change in the Contract Price or Contract Time cannot be agreed upon, the Unclassified Work shall be completed pursuant to a Construction Change Directive and payment shall be made on a Force Account basis. 5. CONSTRUCTION CHANGE DIRECTIVES A Construction Change Directive is a written order prepared by the Engineer directing a change in the Work prior to agreement on adjustment, if any, in the Contract Price or Contract Time, or both. The City may by Construction Change Directive, without invalidating the Contract, order changes in the Work within the general scope of the Contract consisting of additions, deletions, or other revisions, the Contract Price and Contract Time being adjusted accordingly. A Construction Change Directive shall be used in the absence of total agreement on the terms of a Change Order. If the Construction Change Directive provides for an adjustment to the Contract Price, the adjustment shall be made as provided in Section VIII below. If Contractor disagrees with the adjustment in the Contract Price or Contract Time, Contractor may make a Claim in accordance with applicable provisions of Section VIII(6). Upon receipt of a Construction Change Directive, Contractor shall promptly proceed with the change in the Work involved and advise the Engineer of Contractors agreement or disagreement with the method, if any, provided in the Construction Change Directive for determining the proposed adjustment in the Contract Price or Contract Time. When the City and Contractor agree with a determination made by the Engineer concerning the adjustments in the Contract Price and Contract Time, or otherwise reach agreement upon the adjustments, such agreement shall be effective immediately and the Engineer shall prepare a Change Order. Change Orders may be issued for all or any part of a Construction Change Directive. A Construction Change Directive signed by Contractor indicates Contractors agreement therewith, including adjustment in Contract Price and Contract Time or the method for determining them. Such agreement shall be effective immediately and shall be recorded as a Change Order. 6. FINAL CLEAN-UP Upon completion of the Work and before acceptance, issuance of the Certificate of Final Completion and final payment, Contractor shall remove from the street and adjacent property, all surplus and discarded materials, equipment, rubbish and temporary structures; restore in an acceptable manner all property, both public and private, which has been damaged during the prosecution of the Work; and shall leave the site in a neat and presentable condition subject to the approval of the Engineer. 149 GC - 8 SECTION IV - CONTROL OF WORK 1. AUTHORITY OF ENGINEER The Engineer shall decide any and all questions which may arise as to (1) the quality and acceptability of materials furnished and Work performed; (2) the manner of performance and rate of progress of the Work; (3) the interpretation of the Plans and Specifications; (4) the acceptable fulfillment of the Contract on the part of Contractor; and (5) the amount and quantity of the several kinds of Work performed and materials furnished under the Contract. 2. CONFORMITY WITH PLANS AND ALLOWABLE DEVIATIONS No deviations from the Plans or the approved working drawings shall be permitted without the written approval of the Engineer. 3. COORDINATION OF PLANS AND SPECIFICATIONS Contractor shall take no advantage of any apparent error or omission in the Plans or Specifications, and the Engineer shall be permitted to make such corrections and interpretations as may be deemed necessary for the fulfillment of the Plans and Specifications. Any work not specified herein or in the Plans, but which may be fairly implied or understood as included in the Contract, shall be completed by Contractor without extra charge. Any ambiguity or discrepancy in the Plans or Specifications shall be adjusted by using the best class of work or materials. In the case of any discrepancy between the scale and figures in the Plans, drawings, etc., the figured dimensions shall govern. In the case of any discrepancy between the quantities shown in the Proposal and those shown in the Plans, the Plans shall prevail. In case any other discrepancy occurs between the Plans and the Specifications, the decision of the Engineer shall be decisive thereon. 4. COOPERATION BY CONTRACTOR The City shall supply Contractor with five copies of the Plans and Specifications. Contractor shall have said Plans and Specifications available at the Project at all times during the prosecution of the Work. Contractor shall give the Work its constant attention to facilitate progress and shall cooperate with the Engineer in setting and preserving stakes, benchmarks, etc., and in all other things that are necessary for satisfactory completion of the Work. Contractor shall have a competent and reliable superintendent acting as Contractors representative on the job at all times. This representative shall supervise all of Contractors workforce, 150 GC - 9 including its subcontractors, during all phases and in all aspects of the Work. All orders from the Engineer shall be directed through the superintendent. Contractor shall provide a list, as deemed necessary by the Engineer, of emergency contacts, including names and 24-hour telephone numbers, to the City. 5. CARE AND PROTECTION OF WORK AND MATERIALS From the commencement of the Work until the final acceptance of the same, Contractor shall be solely responsible for the care of the Work and for the materials delivered to the site and intended to be used in the Work. All injury or damage to the same from whatever cause, shall be made good at Contractors expense. Contractor shall provide suitable means of protection for and shall protect all materials intended to be used in the Work and shall provide similar protection for all Work in progress as well as completed Work. Contractor shall at all times take all necessary precautions to prevent injury or damage to the Work in progress, including but not limited to protection for damage or injury caused by flood, freezing, or inclement weather of any kind. Only approved methods shall be used for this purpose. 6. AUTHORITY AND DUTY OF INSPECTOR The Inspector shall be authorized to inspect all Work and materials furnished. Such inspection may extend to all or any part of the Work and to the preparation or manufacture of the materials to be used. An inspector shall be stationed on the Work to report to the Engineer as to the progress of the Work and the manner in which it is being performed. The Inspector shall also report to the Engineer whenever it appears that the materials furnished or the Work performed by Contractor fail to fulfill the requirements of the Specifications and Contract, and shall bring any such failure or other infringement to Contractors attention. Such inspection, however, shall not relieve Contractor from any obligation to perform all of the Work strictly in accordance with the requirements of the Specifications. In case of any dispute arising between Contractor and the Inspector as to materials furnished or the manner of performing the Work, the Inspector shall have the authority to reject materials or suspend the Work until the questions at issue can be referred to and decided by the Engineer. If Contractor uses rejected materials or fails to suspend the Work, all Work performed by Contractor under such suspension or rejection shall be considered unauthorized work and subject to rejection or replacement by Contractor at Contractors expense. The Inspector shall not be authorized to revoke, alter, enlarge, relax or release any requirements of these Specifications nor to approve or accept any portion of the Work, or to issue instructions contrary to the Plans and Specifications. The Inspector shall in no case act as foreman or perform other duties for Contractor, nor shall the Inspector interfere with the management of the Work by Contractor. 151 GC - 10 Any advice that the Inspector may give to Contractor shall in no way be construed as binding upon the City in any way, nor shall any such advise release Contractor from fulfillment of the terms of the Contract. 7. INSPECTION The Engineer or the Engineers representative shall be allowed access to all parts of the Work at all times and shall be furnished such information and assistance by Contractor as may be required to make a complete and detailed inspection. Such inspection may include mill, plant, or shop inspection of materials and workmanship. 8. UNAUTHORIZED WORK Work done without lines and grades, Work done beyond the lines and grades shown on the Plans, or as given, except as herein provided, or any Unclassified Work done without written authority shall be considered unauthorized and at the expense of Contractor and will not be measured or paid for by the City. Work so done may be ordered removed and replaced at Contractor’s expense. 9. DEFECTIVE WORK All Work not conforming to the requirements of the Contract Documents shall be considered defective and may be rejected by the Engineer by providing written notice of the defect to Contractor. Contractor shall promptly correct Work rejected by the Engineer or failing to conform to the requirements of the Contract Documents and whether or not fabricated, installed or completed. Costs of correcting such rejected Work, including additional testing and inspections, the cost of uncovering and replacement, and compensation for the Engineers services and expenses made necessary thereby, shall be at Contractors expense. Should Contractor fail or refuse to remove or renew any defective Work, or to make any necessary repairs in an acceptable manner and in accordance with the requirements of the Contract Documents within the time indicated by the City, the Engineer shall have the authority to cause the unacceptable or defective Work to be removed and renewed or repaired at Contractor’s expense. Any expense incurred by the City in making these removals, renewals or repairs, which Contractor has failed or refused to make, shall be paid for out of any monies due or which become due Contractor, or may be charged against the Contract Bonds. Continued failure or refusal on the part of Contractor to make any or all necessary repairs promptly, fully and in an acceptable manner shall be sufficient cause for the City, at its option, to purchase materials, tools and equipment, and employ labor or to contract with any other individual, firm or corporation, to perform the Work. All costs and expenses so incurred shall be charged against Contractor and the amount thereof deducted from any monies due or which may become due to Contractor under this Contract, or shall be charged against the Contract Bonds. Any work performed, as described in this section, shall not relieve Contractor in any way from its responsibility to perform the Work. 152 GC - 11 The City shall also have authority to take over and use defective Work without compensation to Contractor, when Contractor fails or refuses to rebuild such defective Work. 10.FINAL INSPECTION The Engineer will make final inspection of all Work, and any portion thereof, as soon as practicable after notification by Contractor that such Work is nearing completion. If the inspected Work is not acceptable to the Engineer at the time of the Engineers inspection, the Engineer shall advise Contractor in writing as to the particular defects to be remedied. If, within a period of ten (10) days after such notification, Contractor has not taken steps to speedily complete the Work as directed, the Engineer may, without further notice and without in any way impairing the Contract, make such other arrangements as the Engineer may deem necessary to have such Work completed in a satisfactory manner. The cost of completing such Work shall be deducted from any monies due, or which may become due Contractor on the Contract. 11.GUARANTEE In addition to Contractors obligations under Section IV paragraph 9, if, within one year after the date of Final Completion of the Work, or by terms of any applicable special warranty required by the Contract Documents, any of the Work is found to be not in accordance with the requirements of the Contract Documents, Contractor shall correct it promptly after receipt of notice from the City to do so, unless the City has previously given Contractor a written acceptance of such condition. The City shall give such notice promptly after discovery of the condition. If, during the one-year period for correction of Work, the City fails to notify Contractor and give Contractor an opportunity to make the correction, the City waives the right to require correction by Contractor and to make a claim for breach of warranty. If Contractor fails to correct nonconforming Work within a reasonable time after receipt of notice from the City, the City may correct the Work at Contractors expense. The one-year period for correction of Work shall be extended with respect to portions of Work first performed after Final Completion by the period of time between Final Completion and the actual completion of that portion of the Work. The one- year period for correction of Work shall not be extended by corrective Work performed by Contractor pursuant to this Section. Nothing contained in this Section shall be construed to establish a period of limitation with respect to other obligations Contractor has under the Contract Documents. Establishment of the one-year period for correction of Work as described in this Section relates only to the specific obligation of Contractor to correct the Work, and has no relationship to the time within which the obligation to comply with the Contract Documents may be sought to be enforced, nor to the time 153 GC - 12 within which proceedings may be commenced to establish Contractors liability with respect to Contractors obligations other than specifically to correct the Work. 12.FOSSILS If any fossils or treasure or other unusual or valuable geological formations are found in the process of excavating, such fossils and sample of geological formations shall be carefully preserved by Contractor and given to the Engineer and shall be the property of the City. SECTION V - CONTROL OF MATERIALS 1. SOURCE AND QUALITY OF MATERIALS The source of supply of the materials to be used shall be approved by the Engineer before delivery is started. The approval of the source of any material will stand only so long as the material itself conforms to the Specifications. Only materials conforming to the requirements of these Specifications shall be used in the Work. The source of any materials shall not be changed at any time without the written approval of the Engineer. Contractor may be required, at any time, to furnish a complete statement of the original composition and manufacturer of any or all materials required in the Work, or to submit sample of the same. 2. STANDARD STOCK PRODUCTS All materials, supplies and articles furnished shall, whenever so specified, and otherwise wherever practicable, be the standard stock products of recognized, reputable manufacturers. The standard stock products of manufacturers other than those specified may be accepted when it is proved to the satisfaction of the Engineer that they are equal to or better than the specified products in strength, durability, usefulness and convenience for the purpose intended. Whenever reference is made herein to A.S.T.M. Specifications, it shall be understood that the latest revision of the A.S.T.M. at the time of award of Contract is implied. 3. TESTS OF MATERIALS When tests of materials are necessary, such tests shall be made by and at the expense of the City unless otherwise provided. Contractor shall afford such facilities as the Engineer may require for collecting and forwarding samples, and shall not use the materials represented by the samples until tests have been made and the materials have been found to satisfy the requirements of these Specifications. Contractor shall, in all cases, furnish the required samples without charge. The quantity of materials Contractor must furnish shall be a reasonable amount, deemed by the Engineer, to effectively test such materials to verify compliance with the Specifications and/or meet requirements from non-City funding sources. 154 GC - 13 4. STORAGE Materials shall be stored so as to insure the preservation of their quality and fitness for the Work and such materials, even though approved before storage, shall be subject to test, and must meet the requirements of these Specifications at the time it is proposed to incorporate them in the Work. Materials shall be stored in a manner that will facilitate inspections and protect the general public from injury. The portion of the right-of-way not required for public travel may, with the consent of the Engineer, be used for storage purposes, and for the placing of Contractor’s plant and equipment, but any additional space required, unless otherwise stipulated, shall be provided by Contractor at its expense. 5. DEFECTIVE MATERIALS All materials not conforming to the requirements of these Specifications shall be considered as defective and all such materials, whether in place or not, will be rejected and shall be removed immediately from the right-of-way unless otherwise permitted by the Engineer. No material that has been rejected - the defects on which have been corrected or removed - shall be used until the Engineers written approval has been given. 6. FAILURE TO REMOVE DEFECTIVE MATERIALS Should Contractor fail or refuse to remove and renew any defective materials within the time indicated in writing, the Engineer shall have the authority to cause the unacceptable or defective materials to be removed and renewed at Contractor’s expense. Any expense incurred by the City in making these removals or renewals, which Contractor has failed or refused to make, shall be paid for out of any monies due or which may become due Contractor under this Contract, or may be charged against the "Contract Bond" deposited. SECTION VI - LEGAL RELATIONS AND RESPONSIBILITY TO PUBLIC 1. LAWS TO BE OBSERVED Contractor shall observe and comply with all laws, ordinances, regulations and decrees which may, at any time or in any manner, affect the equipment or materials used at the Project, the conduct of the Work or those employed to complete the Work. No plea of misunderstanding will be considered on account of the ignorance thereof. Contractor further agrees that in connection with the employment and hiring of the labor necessary for the performance of the Work, or any subcontract hereunder, Contractor will not discriminate against any person or persons contrary to the provisions of Minnesota Statutes 181.9, which is hereby incorporated by reference. 155 GC - 14 Contractor and Contractors Surety shall, indemnify and save harmless the City and all of its officers, agents and servants against any claim or liability arising from or based on the violation of any law, ordinance, regulation or decree, whether by itself or its employees. If Contractor shall discover any provisions in the Plans, Contract, or these Specifications or any direction of the Engineer or Inspector which is contrary to or inconsistent with any such law, ordinance, regulation or decree, Contractor shall immediately report its inconsistency to the Engineer in writing. 2. PERMITS AND LICENSES Contractor shall procure all permits and licenses as required in the Contract documents, pay all charges and fees and give all notices necessary and incidental to the due and lawful prosecution of the Work. 3. PATENTED DEVICES, MATERIALS AND PROCESSES If the Contract requires, or Contractor desires the use of any design, device, material or process covered by letter, patent or copyright, trademark or trade name, Contractor shall provide for such use by suitable legal agreement with the patentee or owner allowing use of such design, devise, material or process in the Work. A copy of said agreement shall be filed with the City. If no such agreement is made or filed as noted, Contractor and Contractors Surety shall indemnify and save harmless the City from any and all claims for infringement by reason of the use of any such patented design, device, material or process, or any trademark or trade name or copyright in connection with the Work agreed to be performed under the Contract, and shall indemnify the City for any costs, expenses and damages which it may be obliged to pay, including costs, expense and attorneys fees incident to litigation by reason of any such infringement at any time during the prosecution or after the completion of the Work. 4. SANITARY PROVISIONS Contractor shall observe and comply with all laws, rules and regulations of the State and Local Health Authorities and shall take such precautions as are necessary to avoid creating unsanitary conditions. Contractor shall provide and maintain suitable sanitary conveniences for the use of all persons employed on the Project. Such facilities shall be properly screened from public observation, in sufficient numbers, in such manner and at such points as shall be approved by the Engineer. Contractor shall rigorously prohibit committance of nuisances within, on or about the Work. Any employee found violating these provisions shall be discharged and not again employed on the Work without the written consent of the Engineer. Contractor shall supply sufficient drinking water to all of the work force employed, but only from such sources as shall be approved by 156 GC - 15 the Engineer. Contractor shall also obey and enforce such other sanitary regulations and orders and shall take such precautions against infectious disease as may be deemed necessary by the Engineer. 5. PUBLIC CONVENIENCE AND SAFETY, BARRICADES, LIGHTS AND WARNING SIGNALS Where the Work is carried on in or adjacent to any street, alley or public place, Contractor shall, at Contractors own cost and expense, furnish and erect such barricades, fences, lights and danger signals, and shall take such other precautionary measures for the protection of persons and property and of the Work as is necessary or required by the Contract Documents. Excavations in or adjacent to public streets or alley in which water stands more than one (1) foot deep or where banks of the excavation are subject to collapse or cave-in shall be securely barricaded with snow fence so as to prevent access by children and adults during the period when work is not being carried on at the site of excavation. Barricades shall be painted in a color and reflectorized in accordance with the provisions of the most current version of the Minnesota Manual of Uniform Traffic Control Devices (MMUTCD). From sunset to sunrise, Contractor shall furnish and maintain at least two (2) flashing lights at each barricade. A sufficient number of barricades shall be erected to keep vehicles from being driven on or into any of the Work and to warn pedestrians and children of the existence of the excavation at all open points. When a detour is necessary because a street is blocked by the Work, the Engineer shall designate its route and Contractor shall furnish and post detour signs at places designated approved by the Engineer. All signs shall be in accordance with the most current version of the MMUTCD and appendices. Contractor shall be responsible for all damage to the Work due to failure of barricades, signs, and lights to protect it, and whenever evidence of such damage is found, the Engineer may order the damaged portion immediately removed and replaced by Contractor at Contractors expense. Contractor’s responsibility for the maintenance of barricades, signs and lights, and for providing the watchmen, shall not cease until the Project has been accepted by the City. 6. MAINTENANCE OF DRAINAGE AND ACCESS TO MUNICIPAL AND PRIVATE UTILITIES On all Work, Contractor shall provide and maintain free access to gas valves, manholes and similar facilities. Contractor shall also provide and maintain free access to all fire hydrants, gate valves, manholes, and appurtenant equipment of the Citys water distribution and sanitary sewer systems. Contractor shall provide for the flow of all water courses, storm sewers and storm drains, and shall keep all gutters and waterways open or make other provisions for the free removal of storm water. Contractor shall be liable for any damages or costs 157 GC - 16 incurred by the City due to flood conditions, or backing up of sanitary or storm sewers or storm drains caused by the Work. Contractor also agrees to indemnify the City and its agents and employees against claims relating to or arising from any such backups or flooding. 7. SITES TO BE KEPT CLEAN Contractor shall clean and keep clean from waste materials or refuse resulting from its operations, the streets, the Work and public property occupied by Contractor. Equipment not usable on the Work shall be promptly removed and the adjacent premises maintained in a neat and orderly condition at all times. Advertising signs in general will not be permitted at the Project. 8. NOISE ELIMINATION Contractor shall eliminate noise to as great an extent as possible at all times. Air compressing plants shall be equipped with silencers, and the exhausts of all gasoline motors or other power equipment shall be provided with mufflers approved by the Engineer. 9. USE OF EXPLOSIVES If it is necessary to use explosives in the performance of the Work, Contractor shall take out permits and comply with all laws, ordinances and regulations governing same. Contractor shall fully protect all completed Work as well as all overhead, surfaces or underground structures and shall be liable for any damage done to the Work or other structures on public or private property and injuries sustained by persons by reason of the use of explosives in Contractors operations. Explosives shall be handled, used and fired only by experienced personnel. All firing shall be done by electricity. All explosive supplies shall be safely stored and protected in an approved manner. All such storage places shall be marked clearly, "DANGEROUS EXPLOSIVES ". Caps or other exploders shall not be stored at the place where dynamite or other explosives are stored. 10.PROTECTION AND RESTORATION OF PROPERTY Where the Work passes over or through private property, the City shall secure a license, right of entry, right-of-way agreement or easement. Contractor shall not receive any extra compensation or be entitled to any extras because of delay on the part of the City in obtaining right-of-way or easement access. Contractor shall not enter upon private property for any purpose without obtaining written permission from the property owner. Contractor shall, at Contractors own expense, protect and restore any public or private property damaged or injured in consequence of any act or omission on Contractors part or on the part of Contractors employees or subcontractors, to a condition equal to or better than that existing before such damage or injury occurred. If Contractor neglects to restore or make good such damage or injury, the Engineer may, upon forty-eight (48) hours notice, proceed to 158 GC - 17 restore or make good such damage or injury and to order the cost thereof deducted from any monies that are or may come due to Contractor. Contractor shall restore at Contractors own expense all parks, streets, alleys, roads, or public highways, and the public structures and improvements which may occupy such parks, streets, roads, alleys, or public highways, including but not limited to water mains, water connections and appurtenances, sewer, manholes, catch basins, and sewer connections, ornamental light poles, and cables. All persons, firms, trustees, and corporations having buildings, structures, works, conduits, mains, pipes, tracks, poles, wires, cables, ducts, or other physical structures and improvements in, over, or under the public lands, streets, roads, alleys, or highways, shall be notified by the City to shift, adjust, accommodate or remove any such interfering works so as to comply reasonably with the requirements of construction. Thereafter, Contractor shall be responsible for all just and proper claims for damages caused to or on account of such interference or removal, and shall at Contractors own cost and expense reimburse such persons, firms, trustees and corporations all just and proper claim for such removal and replacement or repair. Contractor shall include the cost of such interference, removal and replacement in the various affected unit and lump sum prices, and no separate payment will be made to Contractor for any cost involved by reason of any causes or situations arising from such interference, removal or replacement. Land monuments shall not be moved or otherwise disturbed except as may be directed by the Engineer. 11.EXISTING SURFACE, OVERHEAD AND UNDERGROUND STRUCTURES Prior to construction, Contractor shall obtain field locations or other assistance as may be required to determine the existence and location of gas mains and other private utilities, as well as public utilities of the City, County or State, which may be underground or overhead within street and highway rights-of-way or within easements and which may be interfered with by the Work. Existing underground, surface or overhead structures are not necessarily shown on the Plans, and those shown are only correct to the level of accuracy permitted by the locations both from field located and record drawings, established by the utility owners. The City does not assume any responsibility for the accuracy of the disclosed locations. Contractor shall be responsible for all verifying all utility location by contacting Gopher State One-Call (651.454.0002) prior to beginning the Work. Contractor shall also make such investigations as are necessary to determine the extent to which existing structures may interfere with the Work prior to submitting its Proposal. The sizes, locations and depths of such structures as are shown on the Plans and profiles are only approximate and Contractor shall satisfy itself as to the accuracy of the information given. 159 GC - 18 Contractor shall not claim or be entitled to receive compensation for any damages sustained by reason of the inaccuracy of the omission of any of the information given on the drawings relative to the surface, overhead or underground structures or by reason of Contractors failure to properly protect and maintain such structures. Contractor shall exercise extreme care in crossing, or working adjacent to, all utilities and shall be responsible to protect and maintain their operation during the Work. Contractor shall restore, at its expense, any public structures such as, including but not limited to, water mains, water connections, and appurtenances, sewers, manholes, catch basins, culverts, and sewer connections which are damaged or injured in any way by Contractors acts or the acts of its employees, agents or subcontractors. Contractor shall indemnify and save harmless the City from any suit, claim, demand or expense, including attorneys fees and costs, brought for or on account of any damage, maintenance, removal, replacement, or relocation of mains, conduits, pipes, poles, wires, cables or other structures of private utility firms or corporations whether underground or overhead, that may be caused or required by Contractor during the Work. However, in cases involving an overhead or underground privately owned utility installed and located in accordance with a permit issued by the City, if, in the opinion of the Engineer, the relocation of said utility is required to facilitate the Work, the City shall provide for such relocation, to the extent allowed under the permit or applicable law. 12.MAINTENANCE OF SERVICE IN EXISTING STRUCTURES All existing overhead, surface or sub-surface structures, together with all appurtenances and service connections except those otherwise provided for herein, encountered or affected in any way during Work shall be maintained in service at all times unless other arrangements satisfactory to the agencies responsible for such utility are made. The cost of this work shall be included in the price paid under the items applicable thereto and there shall be no separate payment for it. 13.RAILWAY AND HIGHWAY CROSSINGS Where the Work encroaches upon any right-of-way of any railway, State or County Highway, the City shall make application for the necessary easement or permit for the Work. Where railway tracks or highways are to be crossed, Contractor shall observe all regulations and instructions of the railway company and Highway Department and other applicable federal, state or local regulations as to methods of doing the Work, or precautions for safety of property and the public. Contractor will not be paid compensation for such railway or highway crossing applications or regulations unless otherwise provided for in the Proposal or other Contract Documents. 160 GC - 19 14.RESPONSIBILITY FOR LABOR, MATERIAL, EQUIPMENT AND DAMAGE CLAIM To the fullest extent permitted by law, Contractor shall indemnify and hold harmless the City and its agents and employees from and against claims, damages, losses, and expenses, including but not limited to attorneys fees, arising out of or resulting from performance of the Work, provided that such claim, damage, loss, or expense is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property, but only to the extent caused by the negligent acts or omissions of Contractor, a Subcontractor, anyone directly or indirectly employed by them, or anyone for whose acts they may be liable, regardless of whether or not such claim, damage, loss, or expense is caused in part by a party indemnified hereunder. Such obligation shall not be construed to negate, abridge, or reduce other rights or obligations of indemnity that would otherwise exist as to a party or person described in this Section or any other obligations of indemnity under the Contract Documents. In claims against any person or entity indemnified under this Section by an employee of Contractor, a Subcontractor, anyone directly or indirectly employed by them, or anyone for whose acts they may be liable, the indemnification obligation under this Section shall not be limited by a limitation on amount or type of damages, compensation, or benefits payable by or for Contractor or a Subcontractor under workers compensation acts, disability benefit acts, or other employee benefit acts. 15.CONTRACTOR’S RESPONSIBILITY FOR WORK Until acceptance, the Work and all materials shall be under Contractors charge and care, and Contractor shall take every reasonable precaution against injury or damage to the Work or to any part thereof by the action of the elements or from any other cause whatsoever. Contractor shall rebuild, repair, restore and make good, at Contractors own expense, all injuries or damages to any portion of the Work occasioned by any of the above causes before its completion and acceptance. 16.SAFETY PRECAUTIONS AND ACCIDENT PREVENTION Contractor shall observe and comply with all requirements of the Engineer as to the safety of the workforce to be employed on the Project. Contractor shall also comply with all safety measures recommended or required by any governmental agency, including the Department of Labor and Industry and the Division of Accident Prevention of the Industrial Commission of Minnesota, and with the requirements of the Workmen’s Compensation Act and any amendments thereto. Contractor shall be responsible for all safety issues on the Project. Contractor must, however, comply with all orders from the City for implementing any additional requirements relating to safety concerns. 161 GC - 20 17.REQUIREMENTS OF CONTRACT BOND The successful Bidder, at the time of the execution of the Contract, shall furnish, and at all times, maintain a satisfactory and sufficient PERFORMANCE BOND AND PAYMENT BOND, each in the full amount of the Contract, as required by law, with Sureties satisfactory to the City. The form of the Contract Bond is that required by Statute. Personal Sureties will not be approved. The Contract Bond shall be acknowledged by both principal and Surety, and the execution thereof witnessed by two witnesses as to each party. Minnesota Statutes, Chapter 13, requires that the City make all payment and performance bonds available for inspection and copying upon request. All claims on Contractors Bonds shall be brought in accordance with the requirements of Minnesota Statutes Chapter 574. 18.PUBLIC LIABILITY AND PROPERTY DAMAGE INSURANCE Contractor shall purchase and maintain, at Contractors own cost and expense, insurance of the types and limits of liability, containing endorsements and subject to the terms and conditions described herein and in the Contract Documents, including but not limited to property damage and public liability coverage. The City shall be named as an additional insured under Contractors policies of insurance. The policies of insurance shall indemnify the City and all of its officers, agents, consultants and employees, from all property or personal injury claims. Contractor shall not commence the Work until it has obtained all the insurance described below, provided proof of such coverage to the City, and the City has approved Contractors insurance. All policies and certificates shall provide that the policies shall remain in force and effect throughout the term of the Contract. A. Policy Requirements i) Workers Compensation Insurance: a. Statutory Compensation Coverage: b. Coverage B Employers Liability with limits of not less than: 1. $100,000 Bodily Injury per Disease per Employee 2. $500,000 Bodily Injury per Disease Aggregate 3. $100,000 Bodily Injury by Accident ii) Automobile Liability Insurance: a. Minimum Limits of Liability: 1. $2,000,000 Per Occurrence Bodily Injury and Property Damage Combined Single Limit b. Coverages: X Owned Automobile, if any X Non-Owned Automobile 162 GC - 21 X Hired Automobile X City of Golden Valley named as Additional Insured iii) General Liability Insurance: a. Minimum Limits of Liability: 1. $2,000,000 Per Occurrence 2. $3,000,000 Annual Aggregate b. Coverages: X Bodily Injury X Property Damage X Personal Injury X Blanket Contractual X City of Golden Valley named as Additional Insured iv) Professional Liability/Miscellaneous Liability Insurance: Coverage for negligent acts, errors or omissions arising out of the performance of professional services included in the Contract coverage shall continue for a minimum of five (5) years. a. Minimum limit of liability of $2,000,000 per occurrence b. Deductible not to exceed $5,000 (if in excess, submit certified financial statement) c. If Claims-Made, please complete the following: If prior acts coverage is restricted, advise the retroactive date of coverage: ______________. Contractors policy(ies) shall be primary and non-contributory to any other valid and collectible insurance available to the City with respect to any claim arising out of this Contract, and shall provide the City with thirty (30) days advance written notice of cancellations, non-renewals or reduction in limits or coverage or other material change. Contractor is responsible for payment of insurance deductibles. If Contractor is self- insured, a Certification of Self-Insurance must be attached. Insurance companies must have an AM Best rating of A-, class V or better, and be authorized to do business in the State of Minnesota and must be satisfactory to the City. Each subcontractor shall furnish property damage and public liability insurance that complies with all of the requirements stated, except as to amounts. Subcontractors shall furnish property damage insurance and public liability insurance in amount proportionate to their respective subcontracts, but such amounts shall be satisfactory to the Engineer. 163 GC - 22 19.WORKMEN’S COMPENSATION INSURANCE Contractor shall furnish Workmen’s Compensation Insurance for its employees, and must comply with all Workmen’s Compensation Laws for the state of Minnesota. The insurance company or companies, or the manner in which the compensation insurance is carried, must be satisfactory to the City and to the Minnesota Industrial Commission. The cost of Workmen’s Compensation Insurance shall be included in all lump sum and unit cost items under this Contract. 20.COMPLIANCE WITH EXISTING CONTRACTS BETWEEN THE CITY OF GOLDEN VALLEY AND OTHERS Contractor shall familiarize itself with all terms and provisions of contracts between the City of Golden Valley and the City of Minneapolis in regards to wholesale purchase of potable water; and with the Cities of Crystal and New Hope for the storage distribution of potable water as may apply. Contractor shall similarly familiarize itself with other contracts between the City of Golden Valley and other municipalities, firms, corporations, or individuals relating in any manner whatsoever to the subject matter of this Contract and shall conform to all of the requirements of said contracts and shall do nothing which shall violate any of the provisions or conditions imposed upon the City. SECTION VII - PROSECUTION AND PROGRESS 1. SUBLETTING OR ASSIGNMENT OF CONTRACT Contractor shall not sublet, sell, transfer, assign or otherwise dispose of the Contract or any portion thereof, or of the Work, or of Contractors right, title or interest therein, to any person, firm or corporation without the written consent of the City and Contractor’s Surety, and such consent shall not relieve Contractor in any way of full responsibility for the performance of this Contract. Contractor shall include a list of subcontractors with the Proposal. The City reserves the right to reject any or all of the subcontractors. 2. PROSECUTION OF WORK All dealings of the City will be with Contractor. No Work shall be started until the Contract has been executed and written notice to proceed has been given to Contractor. Definite notice of intention to start the Work shall be given to the City at least five (5) days in advance of beginning the Work. Such starting time shall be within ten (10) calendar days after the date of receipt by Contractor of written notice to proceed. The official starting time shall be taken as the date on which Contractor is notified in writing by the Engineer that Contractor has fulfilled all preliminary requirements of 164 GC - 23 the City. The official Contract Time shall be in accordance with the Special Conditions. Should the prosecution of the Work be discontinued temporarily by Contractor for any reason, Contractor shall notify the Engineer at least twenty-four (24) hours before again resuming operations and shall not resume operations until it receives written approval from the Engineer. Unless otherwise provided for elsewhere in these Specifications, Contractor shall notify the City of the location at which Contractor intends to begin operations. The Engineer shall have the right to change the point of beginning or the points of operation of Contractor’s work force. The Work shall be prosecuted in such manner as to ensure its completion within the Contract Time. In case of failure to prosecute the Work in such a manner as to ensure its completion within the Contract Time, the Engineer shall have the right to require Contractor to place in operation such additional force and equipment as are deemed necessary by the Engineer. 3. LIMITATIONS OF OPERATIONS In case of a dispute arising between two or more Contractors engaged on the same work as to the respective rights or each under these Specifications, the Engineer shall determine the matters at issue and shall define the respective rights of the various interests involved in order to secure the completion of all parts of the Work in harmony and with satisfactory results. Any such decisions by the Engineer shall be final and binding on all parties and shall not in any way give rise to or provide a basis for a claim for extra compensation by any of the parties. 4. CHARACTER OF WORKMEN AND EQUIPMENT Contractor shall employ such superintendents, foremen and workmen as are careful and competent, and the Engineer may demand in writing the dismissal of any person or persons employed by Contractor in, about or upon the Work, who engages in misconduct, or who is incompetent or negligent or refuses to comply with the direction given. Any such person or persons shall not be employed again at the Project without the written consent of the Engineer. Should Contractor continue to employ such person or persons at the Project, the City may withhold all payments which are or may become due, or the Engineer may suspend the Work until the offending persons are dismissed. Contractor shall not employ any minors, as defined by the Minnesota Workmen’s Compensation Act, on the Project. Contractor shall keep on the Project, during its progress, a competent superintendent and any necessary assistants, all satisfactory to the Engineer. The Superintendent shall meet all requirements contained in the Contract Documents, including but not limited to those enumerated in Section 10 of the Special Conditions, and shall not be changed except with the consent of the Engineer, unless the superintendent proves unsatisfactory to Contractor and ceases to be in Contractors employ. The superintendent shall represent Contractor in all matters 165 GC - 24 and have the authority to obtain equipment and manpower as needed to complete the Work. All directions given to the superintendent shall be as binding as if they were given to Contractor. All machinery and equipment owned or controlled by Contractor which is proposed to be used by Contractor on the Work shall be of sufficient size and in such mechanical condition as to meet with the requirements of the Work and to produce a satisfactory quality of work. When so ordered by the Engineer, in writing, unsatisfactory equipment shall be removed and replaced with equipment which will satisfactorily perform the Work. No change in the machinery and equipment employed on the Project that has the effect of decreasing its capacity shall be made except by written permission of the Engineer. The measure of the capacity of machinery and equipment shall be its actual performance of the Work. Failure of Contractor to provide adequate equipment may result in the annulment of the Contract as hereinafter provided. 5. CONTRACTOR’S RIGHT TO REQUEST CHANGES If Contractor discovers, prior to or during construction anything in the Plans or Specifications or in the supplementary directions issued by the Engineer which, in the opinion of Contractor, appears to be faulty engineering or design, Contractor shall immediately advise the Engineer in writing of Contractors concerns. If no objection is raised by Contractor under the provisions of this paragraph, Contractor waives any right to contest the provisions of the Contract on the basis of faulty engineering or design. 6. TEMPORARY SUSPENSION OF WORK The Engineer shall have the authority to suspend the Work, wholly or in part, for such a period or periods as the Engineer may deem necessary due to conditions considered unfavorable for the suitable prosecution of the Work, or for such time as is necessary due to failure on the part of Contractor to carry out orders or perform any or all provisions of the Contract. If the Engineer directs Contractor in writing to suspend the Work, Contractor shall store all materials and equipment in such a way as to not obstruct or impede public travel or work on adjacent contracts. Contractor shall not suspend the Work without written authority from the Engineer. 7. SUBSTANTIAL COMPLETION When Contractor considers that the Work, or a portion thereof which the City agrees to accept separately, is substantially complete, Contractor shall prepare and submit to the Engineer a comprehensive list of items to be completed or corrected prior to final payment. Failure to include an item on such list does not alter the responsibility of Contractor to complete all Work in accordance with the Contract Documents. 166 GC - 25 Upon receipt of Contractors list, the Engineer or the Inspector shall inspect the Work to determine whether it is substantially complete. If the inspection discloses any item, whether or not included on Contractors list, which is not sufficiently complete in accordance with the Contract Documents so that the City can occupy or utilize the Work or designated portion thereof for its intended use, Contractor shall, before issuance of the Certificate of Substantial Completion, complete or correct such item. In such case, Contractor shall then submit a request for another inspection by the Engineer to determine Substantial Completion. When the Work or designated portion thereof is substantially complete as determined by the Engineer, the Engineer shall prepare a Certificate of Substantial Completion that shall establish the date of Substantial Completion; establish responsibilities of the City and Contractor for security, maintenance, damage to the Work and insurance; and fix the time within which Contractor shall finish all items on the list accompanying the Certificate. Warranties required by the Contract Documents shall commence on the date of Substantial Completion of the Work or designated portion thereof unless otherwise provided in the Certificate of Substantial Completion. The Certificate of Substantial Completion shall be submitted to the City and Contractor for their written acceptance of responsibilities assigned to them in the Certificate. Upon such acceptance, and consent of surety if any, the City shall make payment of retainage applying to the Work or designated portion thereof. Such payment shall be adjusted for Work that is incomplete or not in accordance with the requirements of the Contract Documents. 8. DETERMINATION AND EXTENSION OF CONTRACT TIME FOR COMPLETION Contractor shall perform fully, entirely, and in an acceptable manner, the Work contracted for within the time stated in the Contract. If Contractor finds that it will be impossible to complete the Work on or before the Contract Time, Contractor shall request an extension of the Contract Time as set forth in Section 4 of the Special Conditions. 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 as provided for in Paragraph 7 below, except that it shall not be necessary to give Contractor written ten (10) days notice for such forfeiture. 9. FAILURE TO COMPLETE WORK ON TIME Should Contractor fail to complete the Work on or before the Contract Time, taking into consideration all agreed upon extensions, the City may permit Contractor to 167 GC - 26 proceed and there shall be deducted from any monies due or that may become due Contractor the amount agreed upon as liquidated damages under section 4 the Special Conditions of the Agreement. Liquidated damages shall continue to accrue until the unfinished Work is completed whether Contractor finishes the Work or the Work is finished by an alternate contractor. Permitting Contractor to continue and finish the Work or any part of it after the Contract Time, or after the date to which the Contract Time may have been extended, shall in no way operate as a waiver on the part of the City of any of its rights. Neither by the taking over of the Work by the City, nor by the annulment of the Contract, shall the City forfeit the right to recover liquidated damages from Contractor or Contractors Surety for failure to complete the Contract. 10.RIGHT OF THE CITY TO DECLARE CONTRACTOR IN DEFAULT In addition to those instances specifically referred to in the Contract Documents, the City shall have the right to declare Contractor in default of the whole or any part of the Work if: A. Contractor becomes insolvent; B. Contractor makes an assignment for the benefit of creditors pursuant to the Statutes of the State of Minnesota; C. A voluntary or involuntary petition in bankruptcy be filed by or against Contractor; D. Contractor fails to commence work when notified to do so by the Engineer; E. Contractor shall abandon the Work; F. Contractor shall refuse to proceed with the Work when and as directed by the Engineer; G. Contractor shall, without just cause, reduce its working force to a number which, if maintained would be insufficient, in the opinion of the Engineer, to complete the Work in accordance with the approved progress schedule, and shall fail or refuse to sufficiently increase such working force when ordered to so by the Engineer; H. Contractor shall sublet, assign, transfer, convey or otherwise dispose of this Contract other than as herein specified; I. A receiver or receivers are appointed to take charge of Contractor’s property or affairs; J. The Engineer shall be of the opinion that Contractor is or has been knowingly, willfully or in bad faith, violating any of the provisions of this Contract; K. The Engineer shall be of the opinion that Contractor is or has been unnecessarily, unreasonable or willfully delaying the performance and completion 168 GC - 27 of the Work, or the award of a necessary subcontract or the placing of necessary material or equipment orders; L. The Engineer shall be of the opinion that the Work cannot be completed within the Contract Time, taking into consideration all agreed upon amendments to the Contract Time; provided, however, that the impossibility of timely completion is, in the Engineer’s opinion, attributable to conditions within Contractor’s control; M. The Engineer shall be of the opinion that Contractor is not or has not been executing the Contract in good faith and in accordance with its terms; or N. The Work is not completed within t within the Contract Time, taking into consideration all agreed upon amendments to the Contract Time. Before the City shall exercise its right to declare Contractor in default by reason of the conditions set forth in items numbered 1, 4-7, 10-13, or 14, it shall give Contractor an opportunity to be heard, on two days notice, at which hearing Contractor may have a stenographer present; provided, however, that a copy of such stenographic notes, if any, shall be furnished to the City. The right to declare in default for any of the grounds specified or referred to above shall be exercised by sending Contractor a notice, signed by the Engineer, setting forth the grounds upon which such default is declared. Upon receipt of such notice, Contractor shall immediately discontinue all further operations under this Contract and shall immediately quit the site, leaving untouched all plant, materials, equipment, tools and supplies then on the site. 11.COMPLETION OF THE WORK AFTER DEFAULT The City, after declaring Contractor in default, may then have the Work completed by such means and in such manner, by contract with or without public letting or otherwise, as it may deem advisable, utilizing for such purpose such of Contractor’s plant, materials, equipment, tools, and supplies remaining on the site, and also such subcontractors as it may deem advisable. After such completion, the Engineer shall make a certificate stating the expense incurred in such completion, which shall include the cost of re-letting and also the total amount of liquidated damages (at the rate provided for in the Specifications) from the date when the Work should have been completed by Contractor in accordance with the Contract Documents to the date of actual completion of the Work. Such certificate shall be binding and conclusive upon Contractor in accordance with the terms hereof to the date of actual completion of the Work. Such certificate shall be binding and conclusive upon Contractor, Contractors Sureties, and any person claiming under Contractor, as to the amount thereof. The expense of such completion, as so certified by the Engineer shall be charged against and deducted out of such monies as would have been payable to Contractor 169 GC - 28 if it had completed the Work; the balance of such monies, if any, subject to the other provisions of this Contract, to be paid to Contractor without interest after such completion. Should the expense of such completion exceed the total sum which would have been payable under this Contract if the same had been completed by Contractor, any such excess shall be paid by Contractor to the City upon demand. If Contractor fails to pay the City promptly for such excess costs, the City may at its discretion submit a claim to Contractors Surety for such reimbursements. 12.PARTIAL DEFAULT In case the City shall declare Contractor in default as to a part of the Work only, Contractor shall discontinue such part, shall continue performing the remainder of the Work in strict conformity with the terms of the Contract, and shall in no way hinder or interfere with any other contractors or persons whom the City may engage to complete the Work as to which Contractor was declared in default. The provisions of the clauses herein relating to declaring Contractor in default as to the entire Work shall be equally applicable to a declaration of partial default, except that the City shall be entitled to utilize for completion of the Work as to which Contractor was declared in default only such plant, materials, equipment, tools and supplies as had been previously used by Contractor on such part. 13.TERMINATION OF CONTRACTOR’S RESPONSIBILITY Except as otherwise provided for in these Specifications and in Contractors bond, Contractors responsibility for all Work and materials under this Contract shall continue until the expiration date of the warranty. The warranty shall commence on the date of Final Completion of the Work. SECTION VIII - MEASUREMENT AND PAYMENT 1. MEASUREMENT OF QUANTITIES Measurement of all Work acceptably completed will be made in accordance with the system in which the Contract is let, either U.S. Standard or International System (metric). Such measurements will be used as a basis for the computation of the quantities of Work performed. Quantities designated to be measured by linear units will be taken horizontally. Where Work is to be paid for by units of length, area, volume or mass, only the net amount of Work actually performed, as it shall appear in the finished Work and measured as hereinafter specified shall be paid for, local customs to the contrary notwithstanding. Calculation of area quantities where the computation of the areas by geometric methods would be comparatively laborious, it is stipulated and agreed that the Citys computer aided drafting system shall be used as the method of measurement. 170 GC - 29 2. SCOPE OF PAYMENT Contractor shall receive and accept the compensation as herein provided, in full payment for furnishing all materials, labor, tools, equipment, royalties, fees, insurance, permits, bonds, etc., and for performing all Work contemplated and embraced under the Contract, also for all loss or damage arising out of the nature of the Work, or from the action of the elements, the expiration of the warranty to the City, and for all risks connected with the prosecution of the Work, also for all expenses incurred by, or in consequence of the suspension or discontinuance of said prosecution of the Work as herein specified, and for completing all of the Work embraced in the Contract. 3. WORK COVERED BY CONTRACT PRICE Contractor shall, under Contractors contract unit prices, furnish and pay for, all material and incidental work, furnish all accessories, and do everything which may be necessary to carry out the Contract in good faith, which contemplates everything completed, in good working order, of good material, with good and accurate workmanship. 4. BASIS OF PAYMENT Where Work is to be paid by linear, area, volume, mass, or by each individual units Contractors cost for all materials, labor, tools and equipment required to complete the Work, notwithstanding that while the Work may not be fully shown on the drawings, it may be described in the Specifications and vice-versa. 5. PAYMENTS FOR INCREASED OR DECREASED QUANTITIES Whenever the quantity of any item of Work as given in the Proposal shall be increased or decreased, payment for such item of Work will be made on the basis of the actual quantity completed at the unit price for such item named in the Proposal, except as otherwise provided in Section III - Paragraph 2 of these General Conditions, and in the detail Specifications for each class of Work. 6. PAYMENT FOR SURPLUS MATERIALS Payment for materials that have been ordered in furtherance of the Work, but that are not to be used because (1) of cancellation of the Contract or a portion thereof; (2) of an order to terminate the Work before completion of the entire unit; or (3) the quantity ordered by the Engineer was in excess of the quantity needed, will be made in accordance with this section, unless Contractor or one of Contractors suppliers elects to take possession of the surplus material without expense to the City. Payment for surplus materials that have been purchased and shipped or delivered to the Project will be made at the Contract bid price when the pay item covers the furnishing and delivering of the material only. 171 GC - 30 When the Contract bid price covers the furnishing and placing of the material, the City will take possession of the surplus materials that have been purchased and shipped or delivered to the Project, or will order the material returned to the supplier for credit and will pay the Contractor the actual purchase price of the material plus transportation costs, to which will be added fifteen percent (15%) of the total thereof, and from which will be deducted any credits received by the Contractor for materials returned. Materials that have been ordered but have not been consigned for shipment shall be paid for upon delivery the same as materials in transit or delivered only when the supplier is unwilling to cancel or modify the order such as in the case of materials requiring special manufacture, fabrication, or processing so as to be unsuitable for general use. In no case shall payment for surplus materials exceed the Contract Price for the materials complete in place. Contractor shall furnish invoices or an affidavit showing the purchase price and transportation charges on materials to be taken over by the City. Surplus materials that are taken over by the City shall be delivered to the storage sites designated by the Engineer. Except as above provided, no payment shall be made to Contractor for any materials that are not incorporated in the Work. Materials shall be ordered in the quantities needed unless a specific quantity is to be furnished by direct order of the Engineer. 7. CLAIMS AND PROTESTS A. General A Claim is a demand or assertion by one of the parties seeking, as a matter of right, payment of money, a change in the Contract Time, or other relief with respect to the terms of the Contract. The term Claim also includes other disputes and matters in question between the City and Contractor arising out of or relating to the Contract. The responsibility to substantiate Claims shall rest with the party making the Claim. This Section does not require the City to file a Claim in order to impose liquidated damages in accordance with the Contract Documents. B. Time Limit on Claims The City and Contractor shall commence all Claims and causes of action against the other and arising out of or related to the Contract, whether in contract, tort, breach of warranty or otherwise, in accordance with the requirements of this Section and within the period specified by applicable law, but in any case not more than one year 172 GC - 31 after the date of Substantial Completion of the Work. The City and Contractor waive all Claims and causes of action not commenced in accordance with this Section. C. Notice of Claims Claims by either the City or Contractor shall be initiated by notice to the other party and shall be initiated within ten (10) days after occurrence of the event giving rise to such Claim or within ten (10) days after the claimant first recognizes, or reasonably should have recognized, the condition giving rise to the Claim, whichever is later. Any Claim not made within ten (10) days shall be deemed waived. D. Continuing Contract Performance Pending final resolution of a Claim, except as otherwise agreed in writing, Contractor shall proceed diligently with performance of the Contract and the City shall continue to make payments in accordance with the Contract Documents. The Contract Price and Contract Time shall be adjusted in accordance with the resolution of the Claim, subject to the right of either party to proceed in accordance with this section. E. Claims for Additional Cost If Contractor wishes to make a Claim for an increase in the Contract Price, notice as provided in Subsection 1C above shall be given before proceeding to execute the portion of the Work that is the subject of the Claim. Prior notice is not required for Claims relating to an emergency endangering life or property. F. Claims for Additional Time If Contractor wishes to make a Claim for an extension of the Contract Time, Contractor shall request an extension as set forth in Section 4 of the Special Conditions. G. Mediation Claims, disputes, or other matters in controversy arising out of or related to the Contract, except those waived as provided for in the Contract Documents, shall be subject to mediation as a condition precedent to commencement of litigation. The parties shall endeavor to resolve their Claims by mediation which shall be administered by a mediator mutually agreed upon by the parties. A request for mediation shall be made in writing, delivered to the other party to the Contract and shall be completed within ninety (90) days from the date the request for mediation was delivered to the other party. The parties shall share the mediators fee and any filing fees equally. The mediation shall be held in Hennepin County, Minnesota, unless another location is mutually agreed upon. Agreements reached in mediation shall be enforceable as settlement agreements in any court having jurisdiction thereof. 173 GC - 32 8. PAYMENT FOR UNCLASSIFIED AND FORCE ACCOUNT WORK Unclassified Work authorized by the Engineer, will be paid for at a unit price, lump sum or on a Force Account basis. All Force Account Work shall be paid for in the following manner: A. For all labor and foremen in the direct charge of the specific Work, Contractor will receive the actual wages paid for each and every hour that said labor and foreman are actually engaged in such Work, plus the cost of bond, insurance and taxes, to which cost shall be added twenty (20) percent of the sum thereof. No charge shall be made by Contractor for organization or overhead expense. B. For all materials used, Contractor will receive the actual cost of such materials including freight charges as shown by original receipted bills, to which cost shall be added ten (10) percent of the sum thereof. Where materials are specifically purchased for use on Unclassified Work but are taken from Contractor’s stock, Contractor shall submit an affidavit of the quantity, price and freight on such materials in lieu of original bills and invoices. This affidavit shall be approved by the Engineer. C. For any machinery, trucks or equipment, including fuel and lubricants, which it may be deemed necessary or desirable to use, Contractor will receive a reasonable rental price, to be agreed upon in writing before such Work is begun, for each and every hour that said machinery, trucks and equipment are in use on such Work, and to which sum no percentage will be added. Such rental price shall not exceed the rates established by the A.G.C. for this district. The compensation as herein provided shall be received by Contractor as payment in full for Unclassified Work done by Force Account and said twenty (20) percent for labor and said ten (10) percent for materials shall be agreed to cover profit, superintendence, general expense, overhead, and the use of small tools and equipment for which no rental is allowed. Contractor or Contractors representative and the Engineer or the Engineers representative shall compare records of Force Account Work at the end of each day. Copies of these records shall be made in triplicate on Force Account forms, provided for this purpose by the Engineer and signed by both parties. To all such claims for Force Account Work, Contractor shall attach receipted bills for, or affidavit of, materials used and freight receipts covering freight on such materials used, and said claims shall be presented to the Engineer for payment not later than the twentieth (20th) day of the month following that in which the Work was actually performed and shall include all labor charges and material charges insofar as they can be verified. Should Contractor refuse or fail to prosecute such Unclassified Work as directed, or to submit this claim as required, the City may withhold payment of all current 174 GC - 33 estimates until Contractor’s refusal or failure is eliminated, or, after giving Contractor due notice, the City may make payment for said Work on a basis of a reasonable estimate of the value of the Work performed. 9. PARTIAL PAYMENTS Unless payments are withheld by the City for reasons herein before stated, payment will be made at least once a month on a basis of ninety-five (95) percent of the Work done, provided that the Work is progressing to the satisfaction of the Engineer; provided further, however, that when ninety-five (95) percent or more of the Work is completed, the City, in its sole discretion, may determine that something less than five (5) percent need be retained to protect the City’s interest in satisfactory completion of the Contract. Monthly estimates may include the value of acceptable materials required for the Work, which have been delivered to the Project, and for which acceptable provisions have been made for the preservation and storage. From the total value of the materials so reported, five (5) percent shall be retained. Such material, when so paid for by the City, shall become the property of the City and in the event of default on the part of Contractor, the City may use or cause to be used such materials in the construction of the Work provided for in the Contract. The amount thus paid by the City for materials shall go to reduce estimates due Contractor as the materials are used in the Work. Minnesota Statutes, Sections 337.10, subd. 3 and 471.425, subd. 4a, requires that Contractor pay any subcontractors within ten (10) days after receipt of payment from the City for undisputed services provided by the subcontractor. Contractor shall provide proof to the City of payment to subcontractors in the form of check copies or receipts. If Contractor fails to make payments to subcontractors for undisputed Work, Contractor shall pay interest of one and one-half percent (1-1/2%) per month of any amounts not paid on time to subcontractors, with a minimum monthly interest penalty payment of ten dollars ($10). No release of any retained percentage will be made without the written approval of the Surety or Sureties, which approval shall be obtained by Contractor. Any such release may be optional with the City. 10.FINAL PAYMENT Upon receipt of Contractors notice that the Work is ready for final inspection and acceptance, the Engineer shall promptly make such inspection as provided in section IV(10) of these General Conditions. When the Engineer finds the Work acceptable under the Contract Documents and the Contract fully performed, the Engineer will prepare a final estimate containing complete quantities of each and every item of Work performed by Contractor, and the value thereof (the Final Pay Estimate). Upon acceptance of the Final Pay Estimate by Contractor, the Engineer will (i) issue a Certificate of Final Completion; (ii) forward the Certificate of Final 175 GC - 34 Completion and Final Pay Estimate to the City Finance Director for payment; and (iii) notify Contractor and Contractors Surety or Sureties of the acceptance of the Work. The date of Final Completion of the Contract shall be the date on the Certificate of Final Completion and the action of the City by which Contractor is bound and the Contract concluded shall be evidenced by the Certificate of Final Completion and Final Payment. All prior certificates or estimates upon which payments may have been made are merely partial estimates and subject to correction in the final payment. 11.CERTIFICATE OF COMPLIANCE OF MINNESOTA WITHHOLDING TAX Final payment will not be made until Contractor shall have filed with the City evidence, in the form of an affidavit, lien waiver or such other evidence as may be required, that all claims against Contractor by reason of the Contract have been fully paid or satisfactorily secured. In case such evidence is not furnished, the City may retain out of any amount due said Contractor sums sufficient to cover all lienable claims unpaid. 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. Receipt by the City Engineer of a Certificate of Compliance from the Commissioner of Taxation will satisfy this requirement. 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. SECTION IX - MISCELLANEOUS PROVISIONS 1. NONDISCRIMINATION. Contractor agrees: A. That it shall not, in the hiring of labor or employees for the performance of any work under this Agreement, by reason of any race, creed, color, national origin, sex, gender identity, sexual orientation, or disability discriminate against any person who is qualified and available to perform the Work; B. That it shall not, in any manner, discriminate against, intimidate or prevent the employment of any person identified in clause (a) of this section, or on being hired, prevent or conspire to prevent, the person from the performance of any 176 GC - 35 work under this Agreement on account of the persons race, creed, color, national origin, sex, gender identity, sexual orientation, or disability; and C. That it shall not intentionally refuse to do business with, refuse to contract with, or discriminate in the terms, conditions, or performance of any agreement related to the Work to be performed under this Agreement because of a persons race, creed, color, national origin, sex, gender identity, sexual orientation, or disability, unless the alleged refusal is because of a legitimate business purpose. 2. GOVERNMENT DATA. Contractor acknowledges that, to the extent this Agreement requires Contractor to perform a government function, all of the data created, collected, received, stored, used, maintained or disseminated by Contractor in performing government functions is subject to the requirements of the Minnesota Government Data Practices Act (Minn. Stat. § 13.01 et. seq. the MGDPA), except to the extent the data is privileged pursuant to an exception to or exclusion from the MGDPA, and that Contractor must comply with the MGDPA as if Contractor were a government entity, including the remedies in Minn. Stat. §13.08, subject to any other appropriate exception to or exclusion from the MGDPA. Contractor agrees to promptly notify the City of any request for data that Contractor receives related to this Agreement. 3. VENUE AND FORUM. This Agreement shall be interpreted in accordance with Minnesota law and any suit or litigation between the parties arising out of this Agreement shall be filed, tried and litigated only in Hennepin County District Court in the state of Minnesota. 4. COUNTERPARTS. This Agreement may be executed in any number of counterparts, including electronically. Each counterpart constitutes an original and all counterparts collectively constitute one and the same instrument. The signatures of the parties need not appear on the same counterpart. 5. ELECTRONIC SIGNATURES. Except as otherwise stated herein, documents executed, scanned and transmitted electronically and electronic signatures shall be deemed original signatures for purposes of this Agreement and all related matters. All scanned and electronic signatures shall have the same legal effect as original signatures. This Agreement, any other document necessary for the consummation of the transaction contemplated by this Agreement may be accepted, executed or agreed to through the use of an electronic signature in accordance with the Uniform Electronic Transactions Act, Minnesota Statutes Chapter 325L. Any document accepted, 177 GC - 36 executed or agreed to in conformity with such laws will be binding on each party as if it were physically executed. 6. NOTICES. Any notices or communications required or permitted by this Agreement must be (i) given in writing; and (ii) personally delivered, mailed, by prepaid certified mail, or transmitted by facsimile or electronic mail transmission (including email or PDF), to the intended party at the mailing address or email address of such party as follows: To City:To Contractor: Bituminous Roadways, Inc 1520 Commerce Drive Mendota Heights, MN 55120 haguep@bitroads.com City of Golden Valley Attn: Jeff Oliver 7800 Golden Valley Road Golden Valley, MN 55427 joliver@goldenvalleymn.gov 7. SEVERABILITY If any term or provision of the Contract Documents shall be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby and such provision shall be ineffective only to the extent of such invalidity, illegality or unenforceability. 8. NO WAIVER OF LEGAL RIGHTS Duties and obligations imposed by the Contract Documents and rights and remedies available thereunder shall be in addition to and not a limitation of duties, obligations, rights, and remedies otherwise imposed or available by law. No action or failure to act by the City, or Engineer shall constitute a waiver of a right or duty afforded them under the Contract, nor shall such action or failure to act constitute approval of or acquiescence in a breach thereunder, except as may be specifically agreed upon in writing. 178 EXECUTIVE SUMMARY Fire 763-512-2345 / 763-512-2344 (fax) Golden Valley City Council Meeting August 2, 2023 Agenda Item 3D.1. Adopt Resolution No. 23-067 Accepting a Community Safety Grant from CenterPoint Energy. Prepared By Jill Lund, Fire Department Administrative Assistant John Crelly, Fire Chief Summary The Fire Department made application for and was awarded a $2,500 Community Safety Grant offered by CenterPoint Energy. The grant will be used toward the purchase of key Emergency Medical Services (EMS) equipment, upgrading/adding safety equipment for firefighter safety and upgrading forcible entry equipment. A resolution will need to be approved per Minnesota Statute 465.03 which allows cities to accept grants and donations of real or personal property. Financial or Budget Considerations The $2,500 grant will be used to provide the fire department with equipment for Emergency Medical Services (EMS) and firefighter safety. Legal Considerations Not applicable Equity Considerations Not applicable Recommended Action Motion to adopt Resolution No. 23-067 Accepting the CenterPoint Community Safety Grant for the purchase of safety equipment. Supporting Documents Resolution No. 23-067 CenterPoint Community Safety Grant 179 RESOLUTION NO. 23-067 RESOLUTION ACCEPTING DONATION OF $2,500 FROM CENTERPOINT ENERGY COMMUNITY SAFETY GRANT 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, and WHEREAS, the donation of monies to help further the goodwill for the fire department. NOW, THEREFORE, BE IT RESOLVED that the City Council accept the following donations on behalf of its citizens: $2,500 from CenterPoint Energy Community Safety Grant, for the purchase of key EMS equipment, upgrading/adding safety equipment for firefighter safety and upgrading forcible entry equipment. Adopted by the City Council of Golden Valley, Minnesota this 2nd day of August, 2023. _____________________________ Shepard M. Harris, Mayor ATTEST: _____________________________ Theresa Schyma, City Clerk 180 EXECUTIVE SUMMARY Parks & Recreation 763-512-2345 / 763-512-2344 (fax) Golden Valley City Council Meeting August 2, 2023 Agenda Item 3D.2. Adopt Resolution No. 23-068 for Acceptance of Donation from Michelle Christensen and Golden Valley One Good Deed for Four Play Pods to create a new Play Trail at Brookview Park and Lions Park. 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 Not applicable Legal Considerations Not required 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 adopt Resolution No. 23-068 to accept donation from Michelle Christensen and Golden Valley One Good Deed for the construction, materials, equipment and installation to add four play pods creating a new Play Trail at Brookview Park and Lions Park. Supporting Documents Resolution No. 23-068 Accept Donation from Golden Valley One Good Deed 181 RESOLUTION NO. 23-068 RESOLUTION ACCEPTING THE DONATION FROM MICHELLE CHRISTENSEN AND GOLDEN VALLEY ONE GOOD DEED OF FOUR PLAY PODS TO CREATE A PLAY TRAIL AT BROOKVIEW PARK AND LIONS PARK 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: $96,875.05 donation value from Michelle Christensen and Golden Valley One Good Deed for the construction, materials, equipment and installation of four play pods creating a Play Trail at Brookview Park and Lions Park. Adopted by the City Council of Golden Valley, Minnesota this 2nd day of August, 2023. _____________________________ Shepard M. Harris, Mayor ATTEST: _____________________________ Theresa Schyma, City Clerk 182 EXECUTIVE SUMMARY Community Development 763-512-2345 / 763-512-2344 (fax) Golden Valley City Council Work Session August 2, 2023 Agenda Item 4A. Public Hearing and Adoption of Ordinance No. 769 - Revocation of Conditional Use Permit 163 - 1109 Zane Ave N - Shapco Printing, Inc. Prepared By Jason Zimmerman, Planning Manager Maria Cisneros, City Attorney Summary Shapco Printing, Inc., located at 1109 Zane Avenue North, received a Conditional Use Permit (CUP) in 2018 to store automobile sales inventory on their secondary surface lot across the street. In order to accommodate this request, the City Council also passed a resolution that authorized terminating a deed restriction that prohibited use of the property for anything other than parking in support of the primary use at 1109 Zane. At that time, the City Attorney advised that the deed restriction was no longer enforceable under Minnesota Statutes, section 500.20. Additionally, staff noted that removing the restriction would provide the opportunity for development that would more efficiently use land within the city and increase the tax base. Other light industrial properties to the north and south of the subject property have developed over time and are able to coexist with the single-family neighborhood to the east. In 2022, after failing to adhere to a key condition of the permit that required vegetative screening be installed and maintained along the east property line, Shapco requested an amendment to the permit that would have removed this condition entirely. The Council did not remove the condition, but did vote to extend the time for a landscaping plan to be submitted to City staff and to be installed. The deadline for completion was June 30, 2023. Despite the extension, no plans were submitted and the vegetative screening was not installed. Staff is therefore recommending Conditional Use Permit No. 163 be revoked, as authorized under City Code Section 113-30 (l) -- "The City Council shall have the right to revoke or suspend any conditional use permit whenever the terms or conditions of such permit have been violated or broken. All such action by the City Council to revoke or suspend a conditional use permit shall be by means of a majority affirmative vote of City Council Members." Without the conditions of the permit and absent the previous restrictions associated with the deed, the property owner would no longer be required to install or maintain a vegetated buffer along the east property line. The City may still monitor and enforce regulations associated with dead, damaged, or diseased trees determined to be hazards that threatens public health, safety, or welfare, as well as requirements associated with management of vegetation. 183 Financial or Budget Considerations Not applicable Legal Considerations Under City Code, section City Code Section 113-30 (l) The City Council may revoke or suspend conditional use permits by majority vote. Equity Considerations There are no relevant equity considerations for this revocation of the conditional land use permit. Recommended Action Motion to approve Ordinance No. 769, rescinding Ordinance No. 648, 2nd Series, and therefore revoking Conditional Use Permit No. 163 for Shapco Printing, Inc. Supporting Documents Ord. No. 756 - CUP 163-Ammendment 1 - Shapco - 1109 Zane Ordinance No. 769 - Revoking CUP 163 for Shapco 184 ORDINANCE NO. 756 AN ORDINANCE AMENDING THE CITY CODE Approval of Conditional Use Permit Number 163, Amendment 1 1109 Zane Avenue North Shapco Printing, Inc., Applicant The City Council for the City of Golden Valley hereby ordains as follows: Section 1. City Code Chapter 113 entitled “Zoning” is amended in Section 113-55, Subd. b, and Section 113-96, by approving a Conditional Use Permit for a certain tract of land (parking lot) located east of 1109 Zane Avenue North, thereby allowing for surface lot storage of automobile sales inventory in a Light Industrial Zoning District. This Conditional Use Permit is approved based on the application materials and plans submitted by the applicant, staff memos, public comments and information presented to the Planning Commission and City Council, and findings recommended by the Planning Commission. This Conditional Use Permit is approved pursuant to City Code Section 113- 30, Subd. g, and adopted by the City Council on December 20, 2022. This Conditional Use Permit is subject to all of the terms of the permit to be issued including, but not limited to, the following specific conditions: 1. Storage is authorized for automobile and light truck dealership sales inventory only and shall not extend to other vehicles or equipment. 2. The maximum number of spaces for permitted for inventory storage shall be limited to 176 and sufficient parking spaces to satisfy the zoning requirements for the business at 1109 Zane Avenue North shall be maintained. 3. Vehicle deliveries or loading shall not take place on Zane Avenue or within the parking lot. Inventory vehicles must be delivered or loaded elsewhere and driven to and from the site individually. 4. Hours of operation shall be limited to 7 am to 10 pm, Monday through Saturday. 5. Vegetative screening must be maintained in a strip 60 feet wide along the eastern property line as a visual buffer for the adjacent single-family homes. The applicant shall submit a landscape plan to City staff for approval and shall install the vegetative screening consistent with the approved landscape plan no later than June 30, 2023. 6. Site lighting must comply with all requirements of the City Code without benefit of any legally non-conforming use. 7. This approval is subject to all other state, federal, and local ordinances, regulations, or laws with authority over this development. Section 2. The tract of land affected by this ordinance is legally described as follows: Lot 13 and the Northwesterly 85.00 feet of Lot 9, also the northeasterly 40.00 feet of the northwesterly 110.00 feet of Lot 12 and that part of Lot 12 lying southeasterly of the northwesterly 110.00 feet thereof, also the northeasterly 65.00 feet of Lot 1 and that part of Lot 2 lying southeasterly of the northeasterly extension of the southeasterly line of the northwesterly 90.00 feet of Lot 6 all in the plat of Lindsay’s Second Addition, Block 1, according to the recorded plat thereof, Hennepin County, Minnesota. DocuSign Envelope ID: 1817F112-A899-4A0D-9A86-BF307F9D234D 185 Ordinance No. 756 -2- December 20, 2022 Section 3. City Code Chapter 1 entitled “General Provisions” and Sec. 1-8 entitled General Penalty; Continuing Violations” are hereby adopted in their entirety, by reference, as though repeated verbatim herein. Section 4. This ordinance shall take effect from and after its passage and publication as required by law. Adopted by the City Council this 20th day of December, 2022. Shepard M. Harris, Mayor ATTEST: Theresa Schyma, City Clerk DocuSign Envelope ID: 1817F112-A899-4A0D-9A86-BF307F9D234D 186 ORDINANCE NO. 769 AN ORDINANCE RESCINDING ORDINANCE NO. 648, 2ND SERIES Revoking Conditional Use Permit Number 163 1109 Zane Avenue North Shapco Printing, Inc., Applicant WHEREAS, on December 4, 2018, the City council approved Conditional Use Permit No. 163 by adopting Ordinance No. 648, 2nd Series; and WHEREAS, the Applicant therefore has failed to adhere to the condition requiring the maintenance of vegetative screening in a strip 60 feet wide along the eastern property line as a visual buffer for the adjacent single-family homes; and WHEREAS, Section 113-31 (l) of the City Code authorizes the City Council to revoke any conditional use permit whenever the terms or conditions of such permit have been violated or broken. NOW, THEREFORE, the City Council for the City of Golden Valley hereby ordains as follows: Section 1. Ordinance No. 648, 2nd Series,is rescinded in its entirety and of no further force and effect. Section 2. The tract of land affected by this ordinance is legally described as follows: Lot 13 and the Northwesterly 85.00 feet of Lot 9, also the northeasterly 40.00 feet of the northwesterly 110.00 feet of Lot 12 and that part of Lot 12 lying southeasterly of the northwesterly 110.00 feet thereof, also the northeasterly 65.00 feet of Lot 1 and that part of Lot 2 lying southeasterly of the northeasterly extension of the southeasterly line of the northwesterly 90.00 feet of Lot 6 all in the plat of Lindsay’s Second Addition, Block 1, according to the recorded plat thereof, Hennepin County, Minnesota. Section 3. This ordinance shall take effect from and after its passage and publication as required by law. Adopted by the City Council this 2nd day of August, 2023. /s/Shepard M. Harris Shepard M. Harris, Mayor ATTEST: /s/Theresa J. Schyma Theresa J. Schyma, City Clerk 187 EXECUTIVE SUMMARY Community Development 763-512-2345 / 763-512-2344 (fax) Golden Valley City Council Meeting August 2, 2023 Agenda Item 4B. Public Hearing and Adoption of Ordinance No. 770 - Approving Conditional Use Permit No. 176 to Allow for the Continued Use of a Boathouse within the Shoreland Overlay District Prepared By Lia Siro, Planning Intern Myles Campbell, Planner Summary The property owner at 1840 Major Drive is requesting a Conditional Use Permit (CUP) for their property in order to preserve an existing accessory structure built by a previous owner within the Shoreland Overlay District. The property owner recently received approval for a deck remodel at the Board of Zoning Appeals in June, a condition of which was to either remove the existing shed/boathouse or bring it into code compliance by applying for a CUP. The Minnesota Department of Natural Resources (DNR) designates Sweeney Lake as a Recreational Development Lake, requiring a building setback of 75 feet from Ordinary High Water Mark (OHWM). Boathouses are allowed within this setback through the issuance of CUP. For more details on the existing site conditions, proposal details, and City staff review, please refer to the copy of the staff memo to the Planning Commission. This Executive Summary focuses on the evaluations of findings for the conditional use permit. After discussion at its meeting on July 10, the Planning Commission voted (4-0) to recommend approval of the conditional use permit. There was no public comment on this item. Evaluation The findings and recommendations for a Conditional Use Permit are based upon any or all of the following factors, as outlined in 113-149 (b) of the City Code: Factor Finding 1. Demonstrated Need for Proposed Use Standard met. The existing shed would retain its current and long-standing use as storage for lake items and lawn supplies. Given the home’s proximity to the lake, there is no other location for an external storage structure that would be outside the shoreland setback. 188 2. Consistency with the Comprehensive Plan Standard met. The proposed use is not inconsistent with the Low Density Residential designation in the Comprehensive Plan. 3. Effect upon Property Values Standard met. There are no anticipated impacts from the existing shed. 4. Effect on Traffic Flow and Congestion Standard met. There are no anticipated impacts on traffic flow or congestion. 5. Effect of Increases in Population and Density Standard met. Due to the nature of the proposed use, there are no anticipated increases in population or density. 6. Compliance with the City’s Mixed-Income Housing Policy Not applicable. 7. Increase in Noise Levels Standard conditionally met. The proposed use is not anticipated to generate excessive noise due to restrictions on utilizing boathouses and sheds for living space. 8. Generation of Odors, Dust, Smoke, Gas, or Vibration Standard met. The proposed use is not anticipated to generate excessive odors, dust, smoke, gas, or vibrations. 9. Any Increase in Pests or Vermin Standard met. The proposed use is not anticipated to attract pests. 10. Visual Appearance Standard conditionally met. The existing shed is not in disrepair and meets the R-1 requirements for detached accessory structures. As a condition of approval however, the applicant is improving the shoreline through restoration of native vegetation that would improve views of the property from Sweeney Lake. 11. Other Effects upon the General Public Health, Safety, and Welfare Standard conditionally met. Proposed shoreline restoration will have a positive impact improving surface water quality Based on the findings above, staff recommends approval of Conditional Use Permit 176, allowing for the continued use of a boathouse within the Shoreland Overlay District at 1840 Major Drive. Consistent with State statute, a certified copy of the CUP must be recorded with Hennepin County. The approval of this permit would be subject to the following conditions: 1. Applicant shall follow through with proposed shoreland restoration as described in the provided bid sheet. 2. The shed shall continue to be used solely for equipment storage. 3. In event of replacement, the applicant can expand the shed by one foot of length or width, but without getting closer to the north property line or shoreline. 4. This approval is subject to all other state, federal, and local ordinances, regulations, or laws with authority over this development. Financial or Budget Considerations N/A 189 Legal Considerations The legal standards for the evaluation of a conditional use permit are the factors listed above. The City must make findings in response to each factor and may make its approval of the permit contingent upon conditions as it determines they are necessary in order to prevent or minimize impacts to the surrounding area. However, any condition must have a “rational nexus” – or a reasonable connection – to the problem that it is purporting to address. Also, the measure of the solution being advanced must bear a “rough proportionality” to the burden being imposed on the City by the private action. In other words, the fix must align with the problem it is supposed to be solving. This did not require legal review from the City Attorney. Equity Considerations The Equity Manager was not asked to review this item since it falls under general course of business for the planning department. Recommended Action Motion to adopt Ordinance No. 770 approving Conditional Use Permit 176, allowing for the continued use of a boathouse within the Shoreland Overlay District at 1840 Major Drive. Supporting Documents Planning Commission memo date July 10, 2023 Survey - 1840 Major Drive Site photos Roe NST bid - May 23, 2023 Roe plant list DRAFT Planning Commission Minutes of July 10, 2023 Ordinance No. 770 - CUP 176 1840 Major Drive 190   1      Date:  July 10, 2023  To:  Golden Valley Planning Commission  From:  Lia Siro, Community Development Intern  Myles Campbell, Planner  Subject:    Informal Public Hearing – 1840 Major Drive, Conditional Use Permit 176 to allow       for the continued use of a boathouse within the Shoreland Overlay District      Property address: 1840 Major Drive  Applicants: Jessica Roe    Property owners: same as applicant  Zoning District: R‐1 with Shoreland Overlay  Lot size: 27,988 sq.ft.   Current use: Single‐family home    Proposed use: Single‐family home  Future land use: Low Density Residential  Adjacent uses: Single‐family residential (north, west, south); Sweeney Lake (east)      2018 aerial photo (Hennepin County)      191 2    Summary  The property owner at 1840 Major Drive is requesting a Conditional Use Permit (CUP) for their  property in order to preserve an existing accessory structure built by a previous owner within  the Shoreland Overlay District. The property owner recently received approval for a deck  remodel at the Board of Zoning Appeals in June, a condition of which was to either remove the  existing shed/boathouse or bring it into code compliance by applying for a CUP. The Minnesota  Department of Natural Resources (DNR) designates Sweeney Lake as a Recreational  Development Lake, requiring a building setback of 75 feet from the Ordinary High Water Mark  (OHWM). Boathouses are allowed within this setback through the issuance of a CUP.    Existing Conditions  The subject property, which sits on the western shore of Sweeney Lake, contains an existing  shed that sits 5 feet off the north side property line, and approximately 40 feet back from the  OHWM and Sweeney Lake. Due to the home’s location and lot layout, the majority of the  property’s rear yard falls within the shoreland setback. This is in part due to the home’s age, as  it was built in 1967, prior to state adoption of the Shoreland Management Act. The lot as a  whole is 27,988 sq.ft. Although most of this falls within the lake itself.     As noted above, this shed has been in place for more than a decade based on staff’s analysis of  aerial imagery. It along with some of the other improvements made in the rear yard were  constructed by a previous owner. Despite this, the shed itself is in decent condition, and  notably was built above freeboard elevation (2 feet over the floodplain elevation along the  lake). The shed has been used for equipment storage and this is the planned use for it if  maintained through the CUP.     Proposed Use  The applicant is proposing to retain the existing shed that resides on the northeast corner of  the lot along the Sweeny Lake Shore line in order to continue storing lake items as well as lawn  supplies. The shed would not increase in height or size, although the CUP approval would allow  it to be replaced in the future to the same dimensions if in need of repair. Any expansion or  modification to the shed would likely trigger an amendment of the CUP.    Along with this CUP and the deck improvements planned for this summer, the applicant has  also hired a certified ecologist to help replace the turf grasses along the shoreline with native  vegetation that will better serve the lake’s surface water quality and visual aesthetic. Full  details on plantings are provided in the attached bid materials. Also worth noting is that the  ecologist would also be handling maintenance check ins over the next 2 years to ensure plant  health and viability.     Zoning Considerations  As noted in Section 113‐149 (b) of the City Code, the State Legislature has delegated responsibility  to the City “to regulate the subdivision, use and development of the shorelands of public waters  and for purposes of preserving and enhancing the quality of surface waters, preserving the  economic and natural environmental values of shorelands, and providing for the wise utilization of  192 3    waters and related land resources.” Within the Shoreland Overlay District, boathouses are listed  as uses that shall be allowed if “certain conditions are met which eliminate or minimize the  incompatibility of the conditional use with other permitted uses of the district.”    The regulations of the district require that boathouses not be used for habitation and that they  do not contain sanitary facilities. Neither of these restrictions are in conflict with the proposed  use.     In addition to the requirements of the Shoreland Overlay District, the side yard setback for an  accessory structure in the Single‐Family (R‐1) Residential Zoning District is five feet from the  property line. The location of the proposed boathouse meets this setback.    As a conditional use, the City has “a reasonable degree of discretion to determine the suitability  of certain uses with characteristics which may be appropriate within a given zoning district but  which might have an unusual impact upon surrounding properties.” In considering such a use  the Planning Commission should take into consideration whether the use satisfies 11 factors of  evaluation, as described below, and if any conditions or restrictions are needed in order to  mitigate the external impacts of a particular use. Conditions on the proposed use must be tied  to one or more of these factors, and be reasonably appropriate to offset the proposed use. If in  the view of Planning Commission, these factors are met, the body should recommend approval  of the permit.     Evaluation  The findings and recommendations for a Conditional Use Permit are based upon any or all of the  following factors (which need not be weighed equally):  Factor Finding  1. Demonstrated Need for Proposed Use Standard met.  The existing shed would retain its  current and long‐standing use as storage for lake  items and lawn supplies. Given the home’s  proximity to the lake, there is no other location  for an external storage structure that would be  outside the shoreland setback.   2. Consistency with the Comprehensive Plan Standard met. The proposed use is not  inconsistent with the Low Density Residential  designation in the Comprehensive Plan.   3. Effect upon Property Values Standard met. There are no anticipated impacts  from the existing shed.  4. Effect on Traffic Flow and Congestion Standard met. There are no anticipated impacts  on traffic flow or congestion.  193 4    5. Effect of Increases in Population and Density Standard met. Due to the nature of the proposed  use, there are no anticipated increases in  population or density.  6. Compliance with the City’s Mixed‐Income  Housing Policy  Not applicable.  7. Increase in Noise Levels Standard conditionally met. The proposed use is  not anticipated to generate excessive noise due to  restrictions on utilizing boathouses and sheds for  living space.  8. Generation of Odors, Dust, Smoke, Gas, or  Vibration  Standard met. The proposed use is not anticipated  to generate excessive odors, dust, smoke, gas, or  vibrations.  9. Any Increase in Pests or Vermin Standard met. The proposed use is not anticipated  to attract pests.  10. Visual Appearance Standard conditionally met. The existing shed is  not in disrepair and meets the R‐1 requirements  for detached accessory structures. As a condition  of approval however, the applicant is improving  the shoreline through restoration of native  vegetation that would improve views of the  property from Sweeney Lake.  11. Other Effects upon the General Public Health,  Safety, and Welfare  Standard conditionally met. Proposed shoreline  restoration will have a positive impact improving  surface water quality    The Engineering Division has reviewed the application and had no significant comments on the  CUP. Environmental Staff also reviewed and were supportive, noting that the structure was  above freeboard elevation and therefore not overly susceptible to flood damage. They noted  that the plan to restore the shoreline was of a high quality and that this work would require a  storm water management permit.     Recommended Action  Based on the findings above, staff recommends approval of Conditional Use Permit 176  allowing the continued use of an existing boathouse/shed within the Shoreland Overlay District  at 1840 Major Drive. The approval of the Conditional Use Permit is subject to the following  conditions:    194 5    1. Applicant shall follow through with proposed shoreland restoration as described in the  provided bid sheet  2. Shed shall continue to be used solely for equipment storage  3. This approval is subject to all other state, federal, and local ordinances, regulations, or laws  with authority over this development.    Failure to comply with one or more of the above conditions shall be grounds for revocation of  the CUP. Consistent with State statute, a certified copy of the CUP must be recorded with  Hennepin County.    Attachments  Site Survey (1 page)  Photos of existing shed (2 pages)  Landscaping plan (8 pages)  Plant List (1 page)      195 Majo r D r i v e S w e e n y L a k e# 42379LICENSE NO.Thomas M. BloomDATES1APRIL 19, 2023Minnetonka, Minnesota 55345Phone (952) 474-796417917 Highway 7Web: www.advsur.comAdvanceSurveying & Engineering, Co.CLIENT NAME / JOB ADDRESSSHEET TITLEPROPOSED SURVEYSHEET NO.SHEET 1 OF 1DRAWING ORIENTATION & SCALE40200230379 JRDRAWING NUMBERDATE DRAFTED:DATE SURVEYED:MARCH 28, 2023APRIL 19, 2023LEGENDSHEET SIZE17 X 22SCALE - 1" = 20'LEGAL DESCRIPTION:Lot 8, Block 3, HEATHBROOK, Hennepin County, Minnesota.SCOPE OF WORK & LIMITATIONS:1.Showing the length and direction of boundary lines of the legaldescription listed above. The scope of our services does notinclude determining what you own, which is a legal matter.Please check the legal description with your records or consultwith competent legal counsel, if necessary, to make sure that itis correct and that any matters of record, such as easements, thatyou wish to be included on the survey have been shown.2.Showing the location of observed existing improvements wedeem necessary for the survey.3.Setting survey markers or verifying existing survey markers toestablish the corners of the property.4.This survey has been completed without the benefit of a currenttitle commitment. There may be existing easements or otherencumbrances that would be revealed by a current titlecommitment. Therefore, this survey does not purport to showany easements or encumbrances other than the ones shownhereon.5.Note that all building dimensions and building tie dimensions tothe property lines, are taken from the siding and or stucco of thebuilding.6.It should be noted that this survey was done under snow and iceconditions and that all improvements may or may not have beenshown correctly. While we did our best to locate allimprovements under the snow and ice, we can't be sure that allimprovements were shown. Please look over the survey to besure everything you need shown is shown correctly.7.While we show a proposed location for this home or addition,we are not as familiar with your proposed plans as you, yourarchitect, or the builder are. Review our proposed location ofthe improvements and proposed yard grades carefully to verifythat they match your plans before construction begins. Also,we are not as familiar with local codes and minimumrequirements as the local building and zoning officials in thiscommunity are. Be sure to show this survey to said officials, orany other officials that may have jurisdiction over the proposedimprovements and obtain their approvals before beginningconstruction or planning improvements to the property.STANDARD SYMBOLS & CONVENTIONS:"●" Denotes iron survey marker, set, unless otherwise noted.JESSICA ROE1840 MAJOR DRIVE NORTHGOLDEN VALLEY, MNEXISTING HARDCOVERHOUSE (INCL. CANT.) 2,294 SQ. FT.CONCRETE 272 SQ. FT.BITUMINOUS DRIVEWAY 1,015 SQ. FT.DECKS 335 SQ. FT.REAR PORCH 229 SQ. FT.SHED 99 SQ. FT.PAVERS 49 SQ. FT.WALLS 323 SQ. FT.TOTAL EXISTING HARDCOVER 4,616 Sq. Ft.AREA OF LOT TO OHW 14,866 Sq. Ft.PERCENTAGE OF HARDCOVER TO LOT 31.1%PROPOSED HARDCOVERHOUSE (INCL. CANT.) 2,294 SQ. FT.CONCRETE 241 SQ. FT.BITUMINOUS DRIVEWAY 1,015 SQ. FT.DECKS 332 SQ. FT.DECKS STAIRS 55 SQ. FT.REAR PORCH 229 SQ. FT.SHED 99 SQ. FT.PAVERS 49 SQ. FT.WALLS 239 SQ. FT.TOTAL PROPOSED HARDCOVER 4,553 Sq. Ft.AREA OF LOT TO OHW 14,866 Sq. Ft.PERCENTAGE OF HARDCOVER TO LOT 30.6%196 197 198 Restoration Proposal for: Jessica Roe 1840 Major Drive N. Golden Valley, MN Proposal Date: May 12, 2023 Prepared by: Bill Bartodziej M.S., Senior Restoration Ecologist Natural Shore Technologies, Inc. 612.730.1542 bill.b@naturalshore.com 199 May 12, 2023 Dear Jessica: Thank you again for giving Natural Shore Technologies the oppor tunity to bid on your project. Below is a Project Summary which outlines our restoration methods and cost breakdown. We would like to emphasize that we tailor our restoration approach to fit your site characteristics and specific objectives. We look forward to developing a partnership with you to produce an exceptional restoration that exceeds your e xpectations. We would enjoy the chance to answer any questions that you have regarding this restoration proposal. We take great pride in our reputation and attention to customer satisfaction. After you have read through and are comfortable with the proposed plan and specified cost, please sign the contract that is provided. A down payment and a signed contract are required to book your project. Best regards, Bill Bartodziej, M.S. Senior Restoration Ecologist Natural Shore Technologies, Inc. 200 Project Summary 1. Project site: shoreland – 80’ south edge of property line, 200 SF – corner – shore edge restoration. 2. Site assessment and plan development include: detailed site preparation methods, plant selection, and a project timeline and work schedule for our staff. Because most of projects involve the establishment of natural buf fers, site drawings and planting plans are not necessary. We have found that over time, native plants will seek out the optimal micro-habitats and flourish. However, project plan drawings can certainly be provide at an additional cost upon client request. 3. Delineate and verify total restoration project area. 4. Kill selected turf and invasive weeds with an herbicide appropriate for upland or aquatic use. A licensed herbicide applicator from Natural Shore Technologies will apply the treatment. 5. Cut and remove any weedy plant material from planting area. 6. Apply a 2-3” layer of shredded hardwood mulch in areas that will be planted. 7. Plant selections will provide flowering throughout the growing season, with at least 15 native plant species included in the plan. Lay out plants into plant zones per plan specifications and install at approximately 1.5’ centers. 8. Mulch will be moved aside, plant containers installed, and a light mulch layer will be returned around the base of the plants to hold moisture. We will use 90 – 3-4” containers for your planting. 9. 20 - #2 native shrubs will be installed along the southern property line and 2 - #25 trees (perhaps maple) will be planted on the corners of the property near the water. 10. Site monitoring will be conducted and appropriate maintenance will be provided through October, 2024. Installation note: Prior to installation, please let us know of any underground utility lines, sprinkler lines, or other obstacles in the restoration area. It is the owner responsibility to clearly mark lines, and NST will not be held liable for any damages. 201 Project Cost This bid includes project design and management, all materials, labor, and a two year maintenance plan. This is a comprehensive bid estimate and valid for thirty days. We require a 50% down payment to schedule your project. Cost Breakdown Site Design, Project Management, Mobilization $1,780.00 Site preparation, herb. trts, clearing, mulch install $540.00 Mulch - shredded hardwood $304.00 20 - #2 shrubs, 90 Plants - 3" and 4" - containers @ 1.5' spacing $3,228.00 Maintenance Plan - 3 visits - 2023 $492.00 Maintenance Plan - 5 visits - 2024 $820.00 TOTAL = $7,164.00 Site maintenance Site maintenance includes at least 5 visits per year during the growing season to monitor and conduct activities that will ensure proper restoration establishment. We use the most appropriate, up -to-date maintenance techniques such as targeted herbicide application, hand pulling, mowing, and spot weed whipping to effectively contro l invasive weeds. Our lead maintenance supervisor has a B.S. in Biology and 10 years of field experience. Watering – We will thoroughly water your site immediately after plant installation. Any necessary watering after installation is the responsibility of the owner. (Generally, normal rainfall during the growing season is adequate for native plant establishment.) *Note we do offer long-term maintenance contracts. Over 90% of our clients use that service. 202 Staff Qualifications Our company has over 50 years of combined ecological restoration experience. We are a local company that focuses on quality ecological restoration in the Metro area. Our clients vary from private estates on Lake Minnetonka, to large corporate headquarters in Eden Prairie. We also work with many city and county governments and watershed management organizations. We are fully insured. Our specialty is lakeshore and wetland restoration. We have restored many miles of lakeshore in Minnesota, more than any other company. Please see our portfolio for examples of our restoration projects that include; shorelines, wetlands, prairies, savannas, and rain gardens. Please see our project photo book at: http://www.blurb.com/books/6034090-natural-shore-technologies-inc-photobook Natural Shore Technologies Plant Material We have commercial and retail greenhouses in Maple Plain. Our plants are Minnesota native perennials that will flourish year after year. Utilizing our own plant material in our projects assure quality control. Our wetland and prairie plants are guaranteed to establish during the first growing season. Perennial plants put most of their energy int o establishing root systems so please keep in mind that the first year of growth will be mainly underground. You will see some flowering the first year, but significantly more flowering during the second year of establishment. Information about our retail native plant greenhouses located in Maple Plain is also available at: www.naturalshore.com Using Ecology to Restore Land and Water 203 Guarantee We stand by our native plant material and our ecological restoration services. Native plants that we install are guaranteed to establish during the first growing season. Any plant material that does not make it through the first growing season will be replaced at no charge to the client. On projects that we install and manage, we will guarantee successful establishment of your ecological restoration within three full growing seasons. This proposal provides a plan for accomplishing the restoration of the project site. If successful establishment does not occur within three growing seasons, all necessary steps will be taken to e nsure the eventual success of the project, at no additional charge. For purposes of this guarantee, successful establishment is defined as follows: That the presence of at least 80% of the original seeded or planted species can be found on the site, and that the overall density of vegetation is comprised of no less than 80% native species. The only exceptions to this guarantee have to do with plant death due to acts of God (floods or drought) the actions of others (vandalism), or animal herbivory (e.g., g eese, muskrats). Watering by the owner during dry periods is necessary, and the lack of adequate watering in this circumstance may nullify this guarantee. If these extreme circumstances do happen to occur, we will work with the client at a reduced rate t o make all necessary repairs. Our goal will always be to create successful, long-term partnerships with our clients. Our guarantee is the best in the business, and provides you with a clear understanding that we are here to fully support your ecologica l restoration endeavor. 204 Contract • A down payment of $3,582.00 is required to schedule your project. • The remainder of the project cost is due at project completion. Any unpaid amount beyond the 30 day period after billing will incur a 3% monthly finance charge. • Please note that this proposal is valid for 30 days from the date on this Contract. If you would like to proceed with the above outlined project, please sign the contract below. Client name:____________________________________________________ Contract Value: $7,164.00 Signed: ________________________________________________________ Date _________________________ Contractor: Natural Shore Technologies, Inc. Signed: Contract Date: Contract Date for 30 Day term William M. Bartodziej, M.S. Senior Restoration Ecologist, Natural Shore Technologies Please return a signed copy of this contract and a check to: Natural Shore Technologies, Inc. 6275 Pagenkopf Rd. Maple Plain, MN 55359 Using Ecology to Restore Land and Water 205 Benefits of our quality restoration work. 206 Common Name Scientific Name Abb. Height (ft) Color Bloom Time Sun ExposureWET MEADOW Grasses, Sedges, RushesCanada Blue JointCalamagrostis canadensis3 to 6 Tan-Green July - AugustS PSBebb’s SedgeCarex bebbii 2 to 3 Green May - June S PSTussock SedgeCarex stricta 2 to 3 Green May - JulyS PSFox SedgeCarex vulpinoidea 1.5 to 2.5 Green May - June S PSForbsSweet flagAcorus calamus2 Green May - JulySSwamp MilkweedAsclepias incarnata3 to 4 LavenderJune - AugustS PSTurtleheadChelone glabra2 to 3 White August - OctoberS SHBlue Flag IrisIris versicolor2 to 3 Blue June - JulyS PSMeadow Blazing StarLiatris ligulistylis 2 to 3.5 Purple June - JulyS PSCardinal FlowerLobelia cardinalis 3 to 4 Red June - OctoberS PSPRAIRIE Grasses, SedgesSide Oats GramaBouteloua curtipendula 1.5 to 2.5 Red-green July - SeptemberS PSLittle BluestemSchizachyrium scoparium 1.5 to 3 Amber July - SeptemberS PSPrairie DropseedSporobolus heterolepis 1.5 to 3 Green August - OctoberS PSForbsButterfly MilkweedAsclepias tuberosa1 to 2 Orange June - September S PSLance-leaved TickseedCoreopsis lanceolata2 to 3 Yellow June-AugustSPale purple coneflowerEchinacea pallida2 to 4 LavenderJune-JulyS PSGrey-headed ConeflowerRatibida pinnata5.0 Yellow July-SeptemberS PSAromatic asterSymphyotrichum oblongifolium2 Puprle August-November S PS 207 REGULAR MEETING MINUTES DRAFT This meeting was conducted in a hybrid format with in-person and remote options for attending, participating, and commenting. The City used Webex to conduct this meeting and members of the public were able to monitor the meetings by watching it on Comcast cable channel 16, by streaming it on CCXmedia.org, or by dialing in to the public call-in line. 1. Call to Order The meeting was called to order at 6:30 pm by Chair Brookins. Roll Call Commissioners present:A. Brookins, M. McCormick, M. Ruby, C. Segelbaum Commissioners absent: Staff present: Myles Campbell – Planner, Lia Siro – Planning Intern Council Liaison:Denise La Mere-Anderson – not present 2. Land Acknowledgement 3. Approval of Agenda MOTION made by Commissioner Ruby,seconded by Commissioner McCormick,to approve the agenda of July 10, 2023. MOTION CARRIED 4. Approval of Minutes June 12, 2023, Regular Meeting MOTION made by Commissioner Segelbaum, seconded by Commissioner Ruby, to approve the minutes of June 12, 2023. MOTION CARRIED 5. Informal Public Hearing –Conditional Use Permit (CUP) Address:1840 Major Drive Applicant:Jessica Roe Request:To allow for the continued use of an existing boathouse/shed within the shoreland setback area. Lia Siro – Planning Intern,started with a summary of the request and said Conditional Use Permit 176 would allow for the continued use of an existing boathouse/shed within the shoreland overlay setback from Sweeney Lake. He noted the home’s location in the City and that the home was built prior to state or city shoreland management requirements. July 10, 2023 –6:30 pm Council Chambers Hybrid 208 City of Golden Valley Planning Commission Regular Meeting July 10, 2023 – 6:30 pm 2 The applicant had a variance approved in May for deck improvements, this required additional landscaping and either the removal or acquirement of a CUP for the boathouse in the rear yard. This boathouse was built by the previous owner without building permits or a CUP. Staff went on to describe the boathouse: Built in late 2010’s Fully within shoreland setback Dimensions are 8’x12.5’ 5 feet off the side property line Less than 10 feet in height Applicant hopes to keep the shed in order to use it for storage of lake and outdoors equipment Landscaping Work A recommended condition of the deck variance was restoration work along the shoreland o Bid sheet from Ecologist is included in the agenda packet Restoration would include removal of turf and invasive weeds with an herbicide safe for aquatic use, replaced with native plant species, 20 shrubs and 2 trees. o Would also include maintenance visits through winter of 2024 Environmental staff have reviewed the bid sheet and are supportive of the efforts to improve the shoreland ecology CUP Evaluation – 11 Findings and Evaluations for Review 1. Demonstrated Need –Met 2. Consistency with Comprehensive Plan –Met 3. Effect upon Property Values –Met 4. Effect on Traffic Flow and Congestion –Met 5. Effect on Population and Density –Met 6. Compliance with City’s Mixed-Income Housing Policy –Not applicable 7. Increase in Noise; Generation of Odors, Dust, Smoke, Gas, or Vibration; Increase in Pests or Vermin –Conditionally met 8. Visual Appearance –Conditionally met 9. Other Effects upon the General Public Health, Safety, and Welfare –Conditionally met Recommended Action As the proposed use meets all the factors of evaluation outlined in the City Code, staff recommends approval of the Conditional Use Permit subject to the following conditions: 1. Applicant shall follow through with proposed shoreland restoration as described in the provided bid sheet 2. Shed shall continue to be used solely for equipment storage 3. This approval is subject to all other state, federal, and local ordinances, regulations, or laws with authority over this development. 209 City of Golden Valley Planning Commission Regular Meeting July 10, 2023 – 6:30 pm 3 Commissioner Segelbaum noticed that the ecologist will make visits for a few years but wanted to clarify that isn’t a condition. Myles Campbell noted that the evaluation wasn’t required but it was a part of the bid and thus part of the application. Chair Brookins asked if the shoreland restoration was tied to the shed and he asked what the correlation is. Staff responded that it’s due to the visual appearance from the lake as well as create an ecological benefit. The shoreland setback is partly for structure maintenance but also to maintain aesthetic. Adding the landscaping would reduce the visual impact. Brookins followed up by noting the call out to the shed being used only for storage, and asked if uses beyond that was allowed. Staff responded the boathouse/shed can’t be used for living space or sanitary. Segelbaum asked if there was a way to reconcile competing restrictions, in this case the shoreland setback restricts the lot buildability. Staff discussed the variance that was recently approved in May and reminded the group that the deck and sunroom had been approved via variance in the 1990s. The home was built two years before Minnesota’s Shoreland Management Act and all these pieces lead to a home being legally non-conforming. Additionally, the code understands that some rear yards are in these setbacks and that led to the CUP allowance so there’s reasonable review for these cases. Chair Brookins invited the applicant to speak. Jessica Roe, applicant, noted the trees she’s planting to shield the boathouse from the lake view. The applicant added that she’d prefer to replace the shed but acknowledges the restrictions and plans to repair the shed as best she can to enhance its appearance and usability. The shoreline restoration company will be out this year and next year to ensure compliance. Commissioner Segelbaum asked the applicant if she’d like to rebuild the shed. The applicant responded that she would prefer to rebuild it completely because there are holes in the shed. However, she acknowledges the City requirements and will do what needs to happen to meet those requirements. Commissioner Ruby asked staff if they could approve her ability to replace it while they approve the CUP. Staff clarified that in this moment, replacing the shed isn’t allowed because the original was build illegally, yet once the CUP is approved, the footprint is also approved. This all means that the applicant can replace the shed in kind but can not expand. The applicant responded she would prefer that option the most. Chair Brookins opened the public hearing at 6:43. Chair Brookins noted there were no Golden Valley Speaks comments left prior to the meeting and that staff did not receive comments otherwise in advance. Chair Brookins invited in person commenters to speak first. There were no in person commenters. Chair Brookins invited remote callers to speak. There were no remote callers. Chair Brookins closed the public comment portion at 6:45pm. Commissioner Ruby said he was present at BZA when this item was before them, he added that the homeowner is doing everything she can to come into compliance. He added that the group should approve this given all the things the applicant would like to do to accommodate the city and enhance 210 City of Golden Valley Planning Commission Regular Meeting July 10, 2023 – 6:30 pm 4 the area for her neighbors. Commissioner Segelbaum echoed that. Chair Brookins asked if there are conditions around size to consider. The conversation continued on the flooring of the shed, current foundation, allowing the applicant to expand the size, and impervious surface limitations. They discussed adding a clause that the setbacks to the neighboring properties and lake maintain the same, so if the size expands, it does so towards the applicant’s property. MOTION made by Commissioner Ruby, seconded by Commissioner Segelbaum, moved to recommend approval of the Conditional Use Permit 176 subject to the following conditions: 1. Applicant shall follow through with proposed shoreland restoration as described in the provided bid sheet 2. Shed shall continue to be used solely for equipment storage 3. This approval is subject to all other state, federal, and local ordinances, regulations, or laws with authority over this development. 4. To allow one extra foot in width or length, while maintaining the current setbacks to the lake and neighbor. MOTION CARRIED – End of Televised Portion of Meeting – 6. Council Liaison Report Council Member La Mere-Anderson was not present 7. Other Business Staff gave an update on the approvals for the zoning and subdivision actions for 208 Meander Rd and 4707 Circle Down, which were approved by the Council. Commissioners had questions on if additional details had been provided for 208 Meander, which staff confirmed they had. 8. Adjournment Meeting adjourned at 7:00pm. ________________________________ ________________________________ Secretary, Mary McCormick Amie Kolesar, Planning Assistant 211 ORDINANCE NO. 770 AN ORDINANCE AMENDING THE CITY CODE Approval of Conditional Use Permit Number 176 1840 Major Drive Jessica Roe, Applicant The City Council for the City of Golden Valley hereby ordains as follows: Section 1. City Code Chapter 113 entitled “Zoning” is amended in Section 113-55, Subd. b, and Section 113-96, by approving a Conditional Use Permit for 1840 Major Drive, thereby allowing for a boathouse/shed within the shoreland management overlay district. This Conditional Use Permit is approved based on the application materials and plans submitted by the applicant, staff memos, public comments and information presented to the Planning Commission and City Council, and findings recommended by the Planning Commission. This Conditional Use Permit is approved pursuant to City Code Section 113- 30, Subd. g, and adopted by the City Council on August 2, 2023. This Conditional Use Permit is subject to all of the terms of the permit to be issued including, but not limited to, the following specific conditions: 1. Applicant shall follow through with proposed shoreland restoration as described in the provided bid sheet 2. Shed shall continue to be used solely for equipment storage 3. In even of replacement, applicant can expand the shed by one foot of length or width, but without getting closer to the north property line or shoreline 4. This approval is subject to all other state, federal, and local ordinances, regulations, or laws with authority over this development Section 2. The tract of land affected by this ordinance is legally described as follows: Lot 8, Block 3, HEATHBROOK, Hennepin County, Minnesota. Section 3. City Code Chapter 1 entitled “General Provisions” and Sec. 1-8 entitled “General Penalty; Continuing Violations” are hereby adopted in their entirety, by reference, as though repeated verbatim herein. Section 4. This ordinance shall take effect from and after its passage and publication as required by law. Adopted by the City Council this 2nd day of August, 2023. __________________________________ Shepard M. Harris, Mayor ATTEST: ________________________________________ Theresa J. Schyma, City Clerk 212 EXECUTIVE SUMMARY Community Development 763-512-2345 / 763-512-2344 (fax) Golden Valley City Council Meeting August 2, 2023 Agenda Item 6A. Second Consideration of Ordinance No. 768 - Updates to Solid Waste Ordinance (Backyard Composting) Prepared By Ethan Kehrberg, Sustainability Specialist Eric Eckman, Environmental Resources Supervisor Summary The current city code, which was passed in November 2019 only allows backyard composting at 1-4 unit residential properties. This update to City Code would expand the backyard composting opportunity to more people and properties such as multifamily developments, businesses, and institutional properties (schools, places of worship, public use facilities) would be able to compost. Many of these properties have shared gardens and the opportunity to include onsite composting could be a great benefit to reducing our communities carbon footprint. Composting is beneficial to the environment because it reduces greenhouse gas emissions, improves soil, and protects water while also reducing the amount of waste sent to landfills. Backyard composting is different than organics recycling collection. Residents in 1-4 unit housing are currently part of the City's organics recycling contract with Republic Services. This same group of residents in 1-4 unit housing are also already eligible to do backyard composting under the existing code. Expanding access to compost to more people and organizations would decrease food waste going to our landfills across multiple sectors in the City without negatively impacting participation numbers of the City's organics recycling contract. At their June 2023 meeting, the Environmental Commission approved recommendation of this update to the City Council. City Council considered and approved the first reading of this ordinance at its July 5, 2023 meeting. Financial or Budget Considerations Staff will work within its budget to provide the necessary education, outreach, and enforcement to ensure compliance with the updated ordinance. During the first year the ordinance is in effect staff will monitor its time and resources and may request additional resources in the future, as necessary. Legal Considerations The City Attorney has reviewed the proposed updates to this ordinance. 213 Equity Considerations Updating the composting code would provide more clarity, access, equity, and opportunity so that more people in more zoning districts may participate in composting, especially at multifamily properties, schools, religious facilities, businesses, and community gardens. People not included in the city contract for organics recycling will also gain the opportunity to dispose of food waste in a more sustainable manner. Staff heard feedback from residents and organizations who were interested in composting but were not able to do so under the current City Code. Updating this section of City Code would support and advance equity by increasing access to a free and sustainable way to reduce waste and create usable compost on community properties. Recommended Action Motion to adopt the second consideration of Ordinance No. 768 amending Chapter 22 of the Golden Valley City Code to update language regarding composting. Supporting Documents Ordinance No. 768 Updates to Solid Waste Ordinance (Backyard Composting) 214 ORDINANCE NO. 768 AMENDMENT OF THE CITY CODE RELATING TO CHAPTER 22-25 SOLID WASTE: COMPOSTING The City Council of the City of Golden Valley hereby ordains as follows: Sec�on 1. City Code Chapter 22, Solid Waste Management, Sec�on 22-25 Compos�ng is hereby amended as follows: Compos�ng is permited only on real property within the City residen�al proper�es having up to four dwelling units provided that all of the following condi�ons are met: Sec�on 2. City Code Chapter 22, Solid Waste Management, Sec�on 22-25 (b) Compos�ng is hereby amended as follows: (b)Prohibited Composting Materials. The following materials shall not be placed in the compos�ng structure: hedge, tree trimmings and twigs one- quarter inch diameter or greater; Christmasholiday trees; meat; bones; fat oils; whole eggs; dairy products; unshredded branches or logs; plants on the Minnesota Department of Agriculture’s Noxious Weeds List or weeds heavily loaded with seeds; plas�cs; synthe�c fibers; non-compostable papers; human or pet wastes; diseased plants; and any other solid waste or hazardous waste not permited in Subsec�on (1) of this sec�on. Sec�on 3. City Code Chapter 22, Solid Waste Management, Sec�on 22-25 (c) Compos�ng is hereby amended as follows: (c)Composting Structure. All compos�ng materials must be contained in an one or more enclosed structure(s) which may be constructed of wood, wire mesh, or a combina�on of wood and wire, or in commercially fabricated compost bins designed to contain compos�ng materials. Maximum of one structure is allowed per lot. Sec�on 4. City Code Chapter 22, Solid Waste Management, Sec�on 22-25 (d) Compos�ng is hereby amended as follows: (d)Composting Structure Size. Compos�ng shall be conducted within an one or more enclosed structure(s) not to exceed a combined/cumula�ve total of 500 cubic feet (for example, 10 feet by 10 feet by five feet) in volume. The maximum height of the compos�ng structure shall be five feet. Sec�on 5. City Code Chapter 22, Solid Waste Management, Sec�on 22-25 (e) Compos�ng is hereby amended as follows: (e)Location. The compos�ng structure shall be located in the rear yard of the property, and shall be at least five feet from the property line, or 35 feet if the property line is also a street line, and no closer than 20 feet to any habitable buildings on an abu�ng property., other than the residents' own home. Compost structures shall be located no closer than 25 feet from stormwater ponds and storm sewer drains, and must meet all setback and buffer requirements in the Stormwater Management sec�on of City code. 215 Sec�on 6. City Code Chapter 22, Solid Waste Management, Sec�on 22-25 (f) Compos�ng is hereby amended as follows: (f) Maintenance. The All compost and compos�ng structures shall be managed and maintained in keeping with standard compost prac�ces according to as referenced in Hennepin County’s compos�ng guidelines, which include providing adequate air circula�on to prevent combus�on and objec�onable odors to adjacent proper�es.and regularly turning over the compost within the compost structure to promote effec�ve decomposi�on. Sec�on 7. City Code Chapter 22, Solid Waste Management, Sec�on 22-25 (h) Compos�ng is hereby added: (h) Sale Prohibited. Compost shall not be sold or used for commercial purposes. Sec�on 8. This ordinance shall take effect from and a�er its passage and publica�on as required by law. Adopted by the City Council this 2nd day of August, 2023. Shepard M. Harris, Mayor ATTEST: Theresa J. Schyma, City Clerk 216 Review of Council Calendar Event Event Time Location AUGUST Sunday, August 6Market in the Valley 9:00 AM - 1:00 PM City Hall Campus Tuesday, August 8Special City Council Meeting (Closed Session)5:00 PM Manager's Conference Room HRA Work Session 6:30 PM Hybrid - Council Conference Room Council Work Session 6:30 PM Hybrid - Council Conference Room Sunday, August 13Market in the Valley 9:00 AM - 1:00 PM City Hall Campus Tuesday, August 15City Council Meeting 6:30 PM Hybrid - Council Chambers Sunday, August 20Market in the Valley 9:00 AM - 1:00 PM City Hall Campus Thursday, August 24 Golden Valley Business Council Meeting 8:30 AM - 9:30 AM HybridBrookview - Valley View Room Sunday, August 27Market in the Valley 9:00 AM - 1:00 PM City Hall Campus SEPTEMBER Sunday, September 3Market in the Valley 9:00 AM - 1:00 PM City Hall Campus Monday, September 4City Offices Closed for Observance of Labor Day Tuesday, September 5Special City Council Meeting (Closed Session)TBD Manager's Conference RoomSpecial City Council Meeting (Commissioner Interviews)TBD Hybrid - Council Conference Room City Council Meeting 6:30 PM Hybrid - Council Chambers Sunday, September 10Market in the Valley 9:00 AM - 1:00 PM City Hall Campus Tuesday, September 12 Council Work Session 6:30 PM Hybrid - Council Conference Room Sunday, September 17Market in the Valley 9:00 AM - 1:00 PM City Hall Campus Tuesday, September 19HRA Meeting 6:30 PM Hybrid - Council ChambersCity Council Meeting 6:30 PM Hybrid - Council Chambers Sunday, September 24Market in the Valley 9:00 AM - 1:00 PM City Hall Campus Thursday, September 28 Golden Valley Business Council Meeting 8:30 AM - 9:30 AM HybridBrookview - Valley Room 217