04-02-24 City Council Agenda April 2, 2024 — 6:30 PM
Council Chambers
Hybrid Meeting
1.Call to Order
1A.Pledge of Allegiance and Land Acknowledgement
1B.Roll Call
1C.Annual Discover St. Louis Park Presentation
1D.Proclamation Recognizing April as Fair Housing Month
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.Approve New On-Sale Beer and Wine License - Nagoya Sushi
3B.2.Approve Transfer of Off-Sale Intoxicating Liquor License - Lakeridge Wine and Spirits
3B.3.General Business Licenses - Fireworks Sales
3C.Bids, Quotes, and Contracts:
3C.1.Approve Professional Services Agreement with Van Meter Williams Pollack LLP for
Downtown Golden Valley User Experience Framework
3C.2.Approve Purchase of Five Public Safety Utility Interceptors from Tenvoorde Ford, Inc.
CITY COUNCIL REGULAR MEETING AGENDA
City Council meetings are being conducted in a hybrid format with in-person and remote options for
attending, participating, and commenting. The public can make statements in this meeting during
public comment sections, including the public forum beginning at 6:20 pm.
Remote Attendance/Comment Options:
Members of the public may attend this meeting by watching on cable channel 16, streaming on
CCXmedia.org, streaming via Webex, or by calling 1-415-655-0001 and entering access code 2630 761
7519 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 2630 761 7519 and webinar password
1234. Press *3 to raise your hand during public comment sections.
City of Golden Valley City Council Regular Meeting April 2, 2024 — 6:30 PM
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3C.3.Approve Purchase of a Fire Rescue Vehicle
3C.4.Approve Contract for Landscape Services with JL Theis, Inc.
3C.5.Approve Contract for Brush Pick-Up with Bratt Tree Company
3C.6.Approve Construction Contract with New Look Contracting, Inc. for the TH 55 Bridge
Watermain Repair Project
3D.Adopt Resolution No. 24-028 , Approval of the Final Plat for Hope Addition
4.Public Hearing
5.Old Business
6.New Business
6A.Review of Council Calendar
6B.Mayor and Council Communications
1. Other Committee/Meeting updates
7.Adjournment
City of Golden Valley City Council Regular Meeting April 2, 2024 — 6:30 PM
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EXECUTIVE SUMMARY
City Administration
763-512-2345 / 763-512-2344 (fax)
Golden Valley City Council Meeting
April 2, 2024
Agenda Item
1C. Annual Discover St. Louis Park Presentation
Prepared By
Theresa Schyma, City Clerk
Summary
Becky Bakken, President and CEO of Discover St. Louis Park, will be in attendance to present the
Council with a year-end update for Discover St. Louis Park.
Legal Considerations
Legal review was not required for this item.
Equity Considerations
Equity review was not required for this item.
Recommended Action
No action is required on this item.
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EXECUTIVE SUMMARY
Community Development
763-512-2345 / 763-512-2344 (fax)
Golden Valley City Council Meeting
April 2, 2024
Agenda Item
1D. Proclamation Recognizing April as Fair Housing Month
Prepared By
Christine Costello, Housing & Economic Development Manager
Summary
This April, marks the 56th anniversary of the passage of the Fair Housing Act, the landmark civil rights
law that was signed by President Lyndon B. Johnson on April 11, 1968, that made discrimination in
housing transactions unlawful. The Fair Housing Act prohibits discrimination in housing because of
race, color, national origin, religion, sex (including gender identity and sexual orientation), disability,
and familial status.
In 2018, the City of Golden Valley (City) approved a Mixed Income Housing Policy (Policy) that requires
that a portion of new housing units in eligible projects meet affordability requirements. The Policy also
acts as an implementation tool to aid the City in meeting its short-term and long-term housing goals.
The City has identified the need for affordable housing as a high priority in the Comprehensive Plan,
and mixed income housing has been identified as an important component of the City's affordable
housing goals. Research continues to show that mixed income communities are a key component in
building economic vitality and competitiveness by attracting and retaining residents, as well as
supporting major employers.
In 2020, the City, through the Housing and Redevelopment Authority (HRA), adopted a Fair Housing
Policy to ensure that fair and equal housing opportunities are available to all person in all housing
opportunities and development activities funded by the City regardless of race, color, religion,
immigration status, gender, gender identity, sexual orientation, marital status, status regards to public
assistance, creed, familial status, national origin, cultural background, age, or disability.
To further demonstrate the City's commitment to acknowledging and addressing systemic racism in
housing; in 2019 along with the City's Human Rights Commission started the Just Deeds project. The
mission of Just Deeds is to educate homeowners about the lasting impacts of racially restrictive
covenants and connecting residents to free services to discharge discriminatory covenants. The spirit
of the Just Deeds mission permeates the City’s work through ongoing examination of City policies,
practices and regulations to eliminate inequality.
Legal Considerations
N/A
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Equity Considerations
Proclaiming April as Fair Housing Month is in alignment with the City's dedication to advancing
inclusion and equity for all residents by affirmatively furthering fair housing for the purpose of creating
a safe, healthy, and accessible community where all residents will thrive. The Proclamation will
increase the awareness of the City's Fair Housing Policy and commitment to ending housing
discrimination.
The Proclamation advances the four pillars that guide the City's equity work:
Economic prosperity for all;
Inclusive and effective community engagement;
Providing unbiased programs and services; and
An infrastructure that supports the advancement of diversity, equity, and inclusion.
Recommended Action
Motion to support a proclamation recognizing April as Fair Housing Month in the City of Golden Valley.
Supporting Documents
2024 Proclamation for Fair Housing Month
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CITY OF GOLDEN VALLEY
PROCLAMATION FOR APRIL AS FAIR HOUSING MONTH
IN THE CITY OF GOLDEN VALLEY
WHEREAS, in the month of April marks the passage of the Federal Fair Housing
Act of 1968, declaring discrimination in the sale, rental or financing of housing based on
race, color, religion, sex, handicap, familial status or national origin is unlawful; and
WHEREAS, the City of Golden Valley is committed to the mission and intent of
Congress to provide fair and equal housing opportunities for all; and
WHEREAS, The City invites all residents to renew their commitment to making
Golden Valley a community that welcomes diversity and fosters a sense of security for
all residents regardless of race, color, religion, immigration status, gender, gender
identity, sexual orientation, marital status, status with regard to public assistance, creed,
familial status, national origin, cultural background, age, or disability; and;
WHEREAS, the Housing and Redevelopment Authority, in and for the City of
Golden Valley, has adopted a Fair Housing Policy that supports fair housing for all people
regardless of race, color, religion, immigration status, gender, gender identity, sexual
orientation, marital status, status with regard to public assistance, creed, familial status,
national origin, cultural background, age, or disability; and
WHEREAS, the City of Golden Valley is dedicated to advancing inclusion and
equity for all residents by affirmatively furthering fair housing for the purpose of creating
a safe, healthy, and accessible community where all residents will thrive; and
WHEREAS, the City of Golden Valley as a founding coalition member of Just
Deeds will continue its commitment to acknowledging and addressing systemic racism
in housing in Golden Valley and Minnesota; and
NOW, THEREFORE, BE IT RESOLVED,that the City Council of the City of
Golden Valley does hereby declare the month of April as “Fair Housing Month” and calls
upon the people of the Golden Valley to recognize fair and equal housing opportunities
for all.
I, Mayor Roslyn Harmon, proudly certify this proclamation with my signature and
the seal of the City of Golden Valley on April 2
nd, 2024.
_____________________________
Roslyn Harmon, Mayor
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EXECUTIVE SUMMARY
Administrative Services
763-512-2345 / 763-512-2344 (fax)
Golden Valley City Council Meeting
April 2, 2024
Agenda Item
3A. Approval of City Check Registers
Prepared By
Jennifer Hoffman, Accounting Manager
Summary
Approval of the check register for various vendor claims against the City of Golden Valley.
Document is located on city website at the following location:
http://weblink-int/WebLink/Browse.aspx?id=1037405&dbid=0&repo=GoldenValley
The check register(s) for approval:
03-20-2024 Check Register
03-27-2024 Check Register
Financial or Budget Considerations
The check register is attached with the financing sources at the front of the document. Each check has
a program code(s) where it was charged.
Legal Considerations
Not Applicable
Equity Considerations
Not Applicable
Recommended Action
Motion to authorize the payment of the bills as submitted.
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EXECUTIVE SUMMARY
City Administration
763-512-2345 / 763-512-2344 (fax)
Golden Valley City Council Meeting
April 2, 2024
Agenda Item
3B.1. Approve New On-Sale Beer and Wine License - Nagoya Sushi
Prepared By
Theresa Schyma, City Clerk
Summary
Nagoya Sushi, LLC d/b/a/ Nagoya Sushi has applied for an On-Sale Beer and Wine License. Nagoya
Sushi is owned by Youmei Lin and is located at 8030 Olson Memorial Highway.
The City Clerk has reviewed the application, and has found the documents are in order and complete.
The Golden Valley Police Department completed the background investigation and has found no
reason to deny the license. The new license will be effective through June 30, 2024.
After Council approval, the City Clerk will forward the liquor license application to the Minnesota
Alcohol Gambling Enforcement Division to complete processing. Please note, the approved liquor
license will not be released to the business until a certificate of occupancy is issued.
Financial or Budget Considerations
Fees received are budgeted and help to defray costs the City incurs to administer and process licenses.
No licenses are issued until payment is received in full.
Legal Considerations
The City Clerk has reviewed the application, and has found the application documents are in order and
complete.
Equity Considerations
This item does not require equity review.
Recommended Action
Motion to approve the issuance of an On-Sale Beer and Wine License with Sunday sales to Nagoya
Sushi, LLC d/b/a/ Nagoya Sushi, 8030 Olson Memorial Highway.
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EXECUTIVE SUMMARY
City Administration
763-512-2345 / 763-512-2344 (fax)
Golden Valley City Council Meeting
April 2, 2024
Agenda Item
3B.2. Approve Transfer of Off-Sale Intoxicating Liquor License - Lakeridge Wine and Spirits
Prepared By
Theresa Schyma, City Clerk
Summary
Lakeridge Wine and Spirits , located at 2580 Hillsboro Avenue North, has been owned and operated by
JTJ Enterprises LLC for the past 14 years. Current owner, Troy Temke, has made the decision to sell the
store and move onto other ventures. Dilip Sunar, owner of Winnetka Liquors in New Hope, has
entered into an agreement to purchase Lakeridge Wine and Spirits and operate under his limited
liability corporation, Dilip II, LLC.
The City Clerk has reviewed the application, and has found the documents are in order and complete.
The Golden Valley Police Department completed the background investigation and has found no
reason to deny the license. The new license will be effective through June 30, 2024.
Financial or Budget Considerations
Fees received are budgeted and help to defray costs the City incurs to administer and process licenses.
No licenses are issued until payment is received in full.
Legal Considerations
The City Clerk has reviewed the application, and has found the application documents are in order and
complete.
Equity Considerations
This item does not require equity review.
Recommended Action
Motion to approve the transfer of an Off-Sale Intoxicating Liquor License for Lakeridge Wine & Spirits,
located at 2580 Hillsboro Avenue North, from JTJ Enterprises LLC d/b/a Lakeridge Wine and Spirits to
Dilip II, LLC d/b/a Lakeridge Wine and Spirits.
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EXECUTIVE SUMMARY
Fire
763-512-2345 / 763-512-2344 (fax)
Golden Valley City Council Meeting
April 2, 2024
Agenda Item
3B.3. General Business Licenses - Fireworks Sales
Prepared By
Jill Lund, Fire Department Administrative Assistant
Jake Dashiell, Deputy Fire Marshal
Summary
The following establishment has applied for renewal of their fireworks sales license for the 2024-2025
license term. The applicant has met City Code requirements for the renewal of their license and staff is
recommending approval.
Menard's - 6800 Wayzata Boulevard
Financial or Budget Considerations
Fees received for the fireworks sales license help to defray costs the City incurs to administer license
requirements and enforce license regulations.
Legal Considerations
The fireworks sales license is on a form approved by the city attorney.
Equity Considerations
Not applicable.
Recommended Action
Motion to authorize the renewal of the above fireworks sales license for a period of May 1, 2024
through April 30, 2025.
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EXECUTIVE SUMMARY
Community Development
763-512-2345 / 763-512-2344 (fax)
Golden Valley City Council Meeting
April 2, 2024
Agenda Item
3C.1. Approve Professional Services Agreement with Van Meter Williams Pollack LLP for Downtown
Golden Valley User Experience Framework
Prepared By
Christine Costello, Housing & Economic Development Manager
Alma Flores, Community Development Director
Summary
In 2021, the City of Golden Valley (City) completed a three-phase Downtown Study, that examined
how the area around the intersection of Golden Valley Road and Winnetka Avenue could be
redeveloped in the future. The Downtown Study provided the City with long-term guidance on land
uses and patterns of redevelopment within the downtown. The Downtown Study had a broad focus
and did not look at streetscape improvements and a wayfinding plan in response to redevelopment. In
2023, the Community Development Director applied for a Hennepin County Business District Initiative
Grant and was awarded $50,000 toward the development of the plans. The grant would allow the City
to develop a streetscape and wayfinding plan to inform decision-making as the downtown area
redevelops and would establish priorities for making downtown Golden Valley a more walkable and
attractive commercial core. The Hennepin County Economic Development division that oversees the
Business District Initiative Grant (BDI Grant) notified us that Van Meter Pollack would be assigned to
the city for the development of the "User Experience Framework."
Financial or Budget Considerations
The City applied for a grant (Resolution No. 23-092) to the Hennepin County Business District Initiative
Grant (Grant) opportunity and was awarded $50,000 toward the $85,000 total project cost. The Grant
provides an opportunity for communities to turn their valued downtowns into vibrant destinations. As
part of the Grant process there is a matching grant requirement. the City sought a Grant of $50,000,
with a match from the City's 2024 Capital Improvement Project (CIP) budget in the amount of $35,000.
The combined $85,000 will cover the costs of hiring the consultant, Van Meter Williams Pollack LLP to
conduct both in person and online community engagement, to draft best practices for streetscape and
wayfinding, and to collate these recommendations into a plan document that will help guide
redevelopment work.
Legal Considerations
Community Development staff worked with the City Attorney in reviewing the necessary Grant
agreement documentation as well as use the approved City Attorney template for the Professional
Service Agreement (PSA) with Van Meter Williams Pollack LLP.
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Equity Considerations
A cohesive streetscape and wayfinding plan that plans for a walkable downtown, in conjunction with
other improvements such as additional housing and transit access will help make downtown Golden
Valley more accessible to everyone, and especially those who do not have a personal vehicle or have
disabilities.
Recommended Action
Motion to approve the Professional Services Agreement with Van Meter Williams Pollack LLP for
Downtown Golden Valley User Experience Framework.
This item requires a majority vote.
Supporting Documents
Professional Services Agreement - Van Meter Williams Pollack LLP
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PROFESSIONAL SERVICES AGREEMENT FOR
DOWNTOWN GOLDEN VALLEY USER EXPERIENCE FRAMEWORK
(aka Golden Valley Streetscape Improvement and Wayfinding Plan)
THIS AGREEMENT is made this April 2, 2024 (“Effective Date”) by and between Van Meter Williams Pollack
LLP, (“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.The city is partnering with Hennepin County through the Business Development Initiative Grant program
to help fund a portion of this plan.
B.Consultant is engaged in the business of urban design and master planning consulting services.
C.The City desires to hire Consultant to provide urban design consulting services for the development of
Golden Valley User Experience Framework (aka as Downtown Streetscape and Wayfinding Plan).
D.Consultant represents that it has the professional expertise and capabilities to provide the City with the
requested services.
E.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.
F.The Consultant will need to complete the services no later than September 30, 2024 per the Hennepin
Letter of Agreement—See Exhibit A.
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 input, review, development of seven (7) phases of work.
Those phases will include: (1) existing conditions review, (2) creation of an engagement plan to provide equitable
and accessible opportunities for everyone to participate in the project, (3) a market gap analysis of the downtown
trade area, (4) utilize spatial modeling to evaluate development feasibility, (5) development of access and
circulation map, streetscape, and wayfinding design guidance, (6) a phasing and implementation plan with short
to long term implementation, and (7) attendance of potentially two in-person meetings with Planning Commission
and/or City Council to present the proposed project as referenced in Exhibit B Scope of Work. The services as
mutually agreed to by Consultant and the Golden Valley Community Development Director, Alma Flores or their
designee (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 $35,000 of the total $85,000 Contract for the Services per the
tasks completed in the scope of work. 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
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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
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.
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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 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 vio lation 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.
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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
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 19.1, 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.
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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
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.
IN WITNESS WHEREOF, the City and Consultant have caused this Professional Services Agreement to be
executed by their duly authorized representatives in duplicate on the respective dates indicated below.
17
CONSULTANT: VAN METER WILLIAMS POLLACK, INC. CITY OF GOLDEN VALLEY:
By: _________________________________
Laura Shagalov, Partner
By: _________________________________
Noah Schuchman , Interim City Manager
18
Exhibit A: Letter of Agreement—Hennepin Planning Grants
Hennepin Planning Grants
Letter of Agreement
City of Golden Valley Downtown User Experience Framework
A. Overview
This Hennepin Planning Grant (“HPG”) Letter of Agreement (“the LOA”) describes how the Hennepin
County Housing and Redevelopment Authority (“HRA”) and the City of Golden Valley (“City”) will
collaborate to develop a Downtown Public Realm and Public Realm Plan for the city’s downtown
district (“the Project”). The HRA and City have jointly selected Van Meter Williams Pollack (“the
Consultant”) to carry out the Project. Their specific scope is included as Attachment 1.
The HRA is investing up to $50,000 to support the planning project and will contract directly with
the Consultant for their portion. The City is required to provide a minimum match of $35,000 and
will contract directly with the Consultant for its portion. Hennepin County will also pay additional
HPG program consultants’ fees to participate in a design workshop for the Project.
B. Project Description
Per the City’s application to the HPG program, the City of Golden Valley seeks to revitalize its
downtown district through a Downtown Golden Valley User Experience Framework that will provide
a clear vision for the area and guide future redevelopment. The Project will provide the city with a
unified approach to urban design that enhances the downtown character, improves walkability,
biking, as well as access to transit in and around the downtown district, and analyzes the potential
for reinvestment and redevelopment in downtown. The Project will achieve the following objectives:
• Develop a plan for streetscape improvement and wayfinding that incorporates uniform
design and public realm standards to create a strong sense of place for Golden Valley’s
downtown, reflecting input from a community engagement process
• Establish connections to improve walking, biking and transit access that build on Golden
Valley’s proximity to the regional trail network, including the Luce Line Trail and future BLRT
extension connections
• Create an understanding of market and economic conditions that will influence
redevelopment of downtown and guide reinvestment
19
C. Project elements and deliverables
In order to accomplish project objectives, the City will work with the HRA to develop a project with
the following elements to be delivered by the Consultant:
• Sample Work Item 1: Public realm plan
o Work item 1.1: Engagement summary
o Work item 1.2 Conceptual renderings of design standards
o Work item 1.3 Development test fits
o Work item 1.4 Access and circulation map
o Work item 1.5 Streetscape and wayfinding design guidance
• Sample Work Item 2: Market gap analysis
o Work item 2.1: Evaluation of existing conditions
o Work item 2.1: Evaluation of market dynamics
• Sample Work Item 3: Phasing and implementation plan
• Additional work items with prior written approval, as necessary
D. Responsibilities
The City, together with the HRA, and the Consultant will develop a joint work plan with a refined
project objective, task list, schedule, and deliverables, within 30 days of consultant selection. The
work plan will distinguish the County and City’s respective components of the work scope.
The HRA will be responsible for:
• Contracting directly with Consultant to complete the portion of the work scope covered
directly by its funding contribution
• Contracting directly with program consultants participating in a design workshop
• Reviewing and approving invoices by consultants on a reimbursement basis
• Participating in regular project team meetings at a mutually agreed upon schedule
• Reviewing and approving project deliverables
City will be responsible for:
• Contracting directly with Consultant for the portion of the work scope covered by its funding
contribution
• Reviewing and approving invoices by consultants on a reimbursement basis
• Participating in regular project team meetings
• Coordinating review of deliverables by city staff and other stakeholders
• Approving project deliverables
• Being primary contact with Consultant for all project-related questions
• Managing city review, engagement, and approvals process
20
E. Project Costs
The HRA is agreeing to provide funds not to exceed $50,000 for this project to be paid directly to
the Consultant through reimbursement for completed work tasks. The HRA expects invoices to be
submitted monthly by the Consultant. The County is unable to reimburse for local government staff
time, capital costs or equipment purchases.
City is agreeing to provide $35,000 for this project to be paid directly to the Consultant through
reimbursement for completed work tasks.
It is understood by the City that any failure by the City to fund, cooperate, or deliver as described in
this LOA may lead the HRA to rescind its award to the Consultant; this concept has been
memorialized in the HRA’s grant agreement entered into between the HRA and the Consultant.
F. Timeline
All work must be completed prior to September 30, 2024.
21
Exhibit B Scope of Work for Van Meter Williams Pollack
22
2/7/24
Alma Flores
Community Development Director
City of Golden Valley
612-930-6357
aflores@goldenvalleymn.gov
Ryan Kelley
Manager,Transit Oriented Communities
Hennepin County Housing &Economic Development
Ryan.kelley@hennepin.us
Laura Fredrick
Principal Planning Analyst
Hennepin County Housing &Economic Development
laura.fredrick@hennepin.us
Re:Downtown Golden Valley User Experience Framework
Dear Alma,Ryan and Laura,
Van Meter Williams Pollack LLP,along with Toole Design and Visible City,are pleased to work with
the City of Golden Valley and Hennepin County on the Downtown Golden Valley User Experience
Framework.Please see our proposed scope and schedule below.
Sincerely,
Laura Shagalov
Partner/Architect
23
Scope of Work
The project will have 7 fundamental phases of work:
Task 1:Existing Conditions Review
Task 2:Engagement
Task 3:Market Gap Analysis
Task 4:Development Test Fits
Task 5:Public Realm Study
Task 6:Phasing and Implementation
Task 7:Project Management
The following is an outline description of each of these tasks/phases of work,including
deliverables and fees.VMWP’s hourly rates and proposed schedule are also attached.
Task 1:Existing Conditions Review (Hennepin County)
The consultant team will develop a comprehensive understanding of the Downtown Golden Valley
area through an existing conditions review.The documents below will be reviewed to understand
demographics,land use and physical conditions.The team will also draw on the expertise and local
knowledge of relevant city staff to vet assumptions and substantiate research.The team will
produce a constraints and opportunities analysis focused on economic conditions,redevelopment
opportunities,and physical form including streetscapes and key amenities.The deliverable will be in
the form of a Downtown Golden Valley aerial map with graphic notes.
●2040 Comprehensive Plan
○Chapter 4:Transportation/Bike &Pedestrian Plan
○Chapter 6:Parks and Natural Resources
●2018 Golden Valley Downtown West Technical Assistance Panel
●2020-21 HKGI Downtown Study Phase II/III
●2021 HKGI Downtown Redevelopment Framework Plan
●City Facilities Study
●Evaluation of foot traffic at 2-3 key locations
Task 1 Deliverables:Constraints and Opportunities Map
Task 1 Fee Breakdown:
VMWP $1,500
Toole $1,500
Visible City $1,500
Task 1 Total:$4,500
1
24
Task 2:Engagement (City of Golden Valley)
The team will produce an engagement plan and schedule in consultation with City staff and the
City’s DEI Coordinator.The engagement plan will aim to provide equitable and accessible
opportunities to participate in the project,regardless of education,ability or language.The
consultant team will coordinate with City staff to utilize the City’s online engagement tools/website.
The team assumes the following activities:
●1 online activity using City platform
●1 tabling events with activities (1.5 hours)
●1 in-person stakeholder group (1.5 hours)
●1 in-person participatory design workshop (1.5 hours)
●1 virtual design workshop with Hennepin Planning Grant consultants (1 hour)
●1 virtual presentation and discussion (1 hour)
VMWP will provide written translation of engagement materials into Spanish and Russian.
City-provided translators will provide interpretation at in-person and virtual meetings.The
reimbursable allowance includes mileage at the IRS 2024 rate of $0.67/mile,engagement activity
supplies and printing.
Task 2 Deliverables:An Engagement Summary (2-3 pages)will be included in the final report.Select
examples of engagement including graphics,photos and survey results will be included in an
Appendix.
Task 2 Fee Breakdown:
VMWP $7,000 (including up to $3,000 for written translation)
Toole $11,000
Visible City $-
Reimbursable
Allowance:$1,000
Task 2 Total:$19,000
Task 3:Market Gap Analysis (Hennepin County)
Beginning with the existing conditions analysis undertaken by the consultant team,Visible City will
assess leasing and value trends,employment patterns,and trip origination to articulate the current
state of the Downtown trade area.Next,the process will focus on highlighting market gaps in the
Downtown submarket,comparing surrounding demography with available offerings.Finally,Visible
City will drill down to highlight apparently underutilized parcels,to identify opportunities for
development test fits (Task 4),for City consideration,and for City communication with current or
prospective property owners.Visible City will share raw data assembled during the engagement with
the City of Golden Valley.
Task 3 Deliverables:Market Gap Analysis Memo
Task 3 Fee Breakdown:
VMWP $-
Toole $-
Visible City $18,000
Task 3 Total:$18,000
2
25
Task 4:Development Test Fits (City of Golden Valley)
VMWP will utilize spatial modeling to evaluate current zoning and built form regulations,as well as
test proposed regulations for alignment with desired economic outcomes,on up to 2 selected sites.
VMWP assumes one City owned-site,and one commercial site.Diagrammatic 3D views and floor
plans will be generated along with project statistics including parking and a breakdown of building
areas.Up to 2 options will be provided per site.
Task 4 Deliverables:Up to 2 Test Fits for development feasibility in graphic form with data tables.
Task 4 Fee Breakdown:
VMWP $9,000
Toole $-
Visible City $-
Task 4 Total:$9,000
Task 5:Public Realm Study (Hennepin County)
The outcomes of the market gap analysis,development test fits,and engagement process will
inform the Public Realm Study.The consultant team will test early concepts with feedback from City
staff,Hennepin County,the Hennepin Planning Grant consultant team,and community
stakeholders.Toole Design,with assistance from VMWP and Visible City,will produce an access and
circulation plan as well as provide streetscape and wayfinding design guidance.Conceptual design
standards and costs will be provided to guide the City in the areas of signage and wayfinding,
furnishings and lighting,Landscape design and TOD and Trail-Oriented Development.VMWP will
produce two artistic renderings,at locations agreed upon by the core project team.
Task 5 Deliverables:Access and Circulation Map,Streetscape and Wayfinding Design Guidance,
Conceptual Design Standards
Task 5 Fee Breakdown:
VMWP:$8,500 (including 2 renderings at $2,500 each)
Toole:$14,000
Visible City:$-
Task 5 Total:$22,500
Task 6:Phasing &Implementation (Hennepin County)
VMWP will synthesize previous tasks into a phasing and implementation plan that will provide a road
map for the City of Golden Valley.Short,mid and long-term implementation strategies will be
included along with a graphic Phasing Plan.
Task 6 Deliverables:Phasing and Implementation Graphic Plan,and Table of Short,Mid and
Long-Term Implementation
Task 6 Fee Breakdown:
VMWP:$5,000
Toole:$-
Visible City:$-
Task 6 Total:$5,000
3
26
Task 7:Project Management /Meetings (City of Golden Valley)
The consultant team assumes biweekly,30-minute virtual meetings as needed with the core team
which will consist of Golden Valley staff,Hennepin County staff and VMWP.Toole and Visible City will
attend select meetings depending on the agenda.
Prior to September 30,VMWP and/or Toole are also prepared to attend up to two in-person
Planning Commission or City Council meetings and present the project at those meetings.
Task 7 Fee Breakdown:
VMWP:$3,500
Toole:$3,000
Visible City $500
Task 7 Total:$7,000
Final Deliverables:
The Final Report will highlight the multidisciplinary nature of the Public Realm study and robust
community engagement process.The document is intended to gather deliverables from each Task
into a series of memos and graphics.The City and County staff will have two weeks to review draft
deliverables.
The Final product will consist of the following:
●Executive Summary
●Constraints &Opportunities Graphic Map
●Engagement Summary
●Market Gap Analysis Memo
●Development Test Fit Graphics
●Public Realm Access and Circulation Map
●Streetscape and Wayfinding Design Guidance
●Conceptual Design Standards
●Phasing and Implementation Memo
●Engagement Appendix
Fee Summary:
Task 1:Existing Conditions $4,500 (Hennepin County)
Task 2:Engagement $19,000 (City of Golden Valley)
Task 3:Market Gap Analysis $18,000 (Hennepin County)
Task 4:Development Test Fits $9,000 (City of Golden Valley)
Task 5:Public Realm Study $22,500 (Hennepin County)
Task 6:Phasing &Implementation $5,000 (Hennepin County)
Task 7:Meetings $7,000 (City of Golden Valley)
Project Total:$85,000
4
27
Exhibit D:Van Meter Williams Pollack,LLP Hourly Rate Schedule
As of January 1,2023,the following hourly rates are in place for newly executed
agreements and newly rendered services:
Senior Partner $250 /hour
Partner $230 /hour
Associate Principal /Principal $200 /hour
Architect,PA/Associate /Senior UD $175 /hour
Job Captain $155 /hour
Designer I,II,III $105 -$135 /hour
Intern $75-95 /hour
Admin $95 /hour
Normal reimbursable expenses will be billed at cost +10%,as defined in the Project
Agreement or AIA Agreement.
If not separately defined in the Project Agreement or AIA Agreement the following rates
shall apply:
In-House Plotting:$15 per black and white plot
$30 per color plot
Mileage:Standard IRS rate currently in effect (2023:65.5 cents per mile)
28
Project Road Map - Downtown Golden Valley User Experience Framework
2/7/24
Sept
TASK 1: EXISTING CONDITIONS
Draft Constraints & Opportunities Map - March 1
City/County Comments Due: March 15 n
Final Constraints & Opportunities Map - April 1
TASK 2: ENGAGEMENT
Draft Engagement Plan Complete - March 8
Preliminary Engagement - early April n
HPG Workshop - late April n
Design Workshop - early May n
Presentation - early June n
TASK 3: MARKET GAP ANALYSIS
Draft Market Gap Analysis - April 12
City/County Comments Due: April 26 n
Final Market Gap Analysis - May 10
TASK 4: DEVELOPMENT TEST FITS
Draft Test Fits - May 10
City/County Comments Due: May 24 n
Final Test Fits - June 7
TASK 5: PUBLIC REALM STUDY
Draft Public Realm - June 28
City/County Comments Due: July 19 n
Final Public Realm - August 5
TASK 6: PHASING & IMPLEMENTATION
Draft Phasing & Implementation - July 26
City/County Comments Due: August 9 n
Final Phasing & Implementation - August 16
FINAL REPORT
Draft Final Report Complete - August 16
City/County Comments Due - Sept 1 n
Project Complete - Sept 17
July
2024
MayAprilMarchFeb AugJune
29
EXECUTIVE SUMMARY
Public Works
763-512-2345 / 763-512-2344 (fax)
Golden Valley City Council Meeting
April 2, 2024
Agenda Item
3C.2. Approve Purchase of Five Public Safety Utility Interceptors from Tenvoorde Ford, Inc.
Prepared By
Tim Kieffer, Public Works Director
Marshall Beugen, Street and Vehicle Maintenance Superintendent
Summary
Staff proposes to replace three marked patrol cars, one patrol car that was totaled in an accident, and
add one for use by the Fire Department’s duty crew. Staff replaces city vehicles routinely to keep the
fleet in good working condition and stabilize the budgetary impacts from year to year. The existing
vehicle being replaced may be reassigned to other departments with non-emergency response duties,
such as, Inspection or Engineering Departments.
Staff evaluates vehicles and equipment on an annual basis to determine replacement programing. The
vehicles scheduled for replacement meet the criteria set forth in the City’s Vehicle Replacement Policy
and Vehicle Condition Index (VCI). The VCI is a tool used to assess all vehicles and equipment
scheduled for replacement. Any vehicle/equipment scoring 23 to 27 points meets the category of
“qualifies for replacement” and above 28 points meets the category of “needs immediate
consideration”. Below is a summary of the ratings:
Unit Number Year/Make/Model VCI
800 2020 Marked Ford Utility Interceptor 29
803 2020 Marked Ford Utility Interceptor (totaled)N/A
820 2020 Marked Ford Utility Interceptor 28
832 2019 Marked Ford Utility Interceptor 26
Staff recommends purchasing the vehicles from the state contract through the State of Minnesota’s
cooperative purchasing venture (CPV). The Minnesota Materials Management Division has awarded
contract number 158505.
Financial or Budget Considerations
The 2024-2033 Vehicles and Equipment Capital Improvement Program includes $135,000 for Units
800, 820, and 832 (V&E-001) and $45,000 for Unit 306 (V&E-213). Below is a summary of the
proposed purchases:
30
Unit Number Proposed Make/Model Purchase Price
306 Ford Utility Interceptor $46,211.94
800 Ford Utility Interceptor $46,587.94
803 Ford Utility Interceptor $46,587.94
820 Ford Utility Interceptor $46,587.94
832 Ford Utility Interceptor $46,587.94
Additional funding will come from the sale of assets and reimbursement from the insurance company.
Legal Considerations
The proposed equipment will be purchased following Minn. Stat. § 471.345 Subd. 15 Cooperative
purchasing.
(a) Municipalities may contract for the purchase of supplies, materials, or equipment by utilizing
contracts that are available through the state's cooperative purchasing venture authorized by section
16C.11. For a contract estimated to exceed $25,000, a municipality must consider the availability, price
and quality of supplies, materials, or equipment available through the state's cooperative purchasing
venture before purchasing through another source.
Equity Considerations
Certified Targeted Group/Economically Disadvantaged/Veteran-Owned small businesses receive a 12%
preference from the Office of State Procurement.
Recommended Action
Motion to approve purchase of five Public Safety Utility Interceptors from Tenvoorde Ford, Inc. in the
amount of $232,563.70.
Supporting Documents
Tenvoorde Ford, Inc. Quote
Tenvoorde Ford, Inc. Quote
31
32
33
EXECUTIVE SUMMARY
Public Works
763-512-2345 / 763-512-2344 (fax)
Golden Valley City Council Meeting
April 2, 2024
Agenda Item
3C.3. Approve Purchase of a Fire Rescue Vehicle
Prepared By
Tim Kieffer, Public Works Director
Marshall Beugen, Street and Vehicle Maintenance Superintendent
Summary
Unit 351, a 2010 rescue vehicle has reached its useful life cycle and is scheduled to be replaced. Staff
evaluate vehicles and equipment on an annual basis to determine replacement programing. The
vehicle meets replacement criteria set forth in the City’s vehicle replacement policy and Vehicle
Condition Index (VCI). The VCI is a tool utilized to assess all vehicles and equipment scheduled for
replacement and any vehicle/equipment scoring 28 points and higher meets the category of “needs
immediate consideration.” The existing rescue vehicle due for replacement scored 32 points.
Staff recommends purchasing the chassis from state contract through the State of Minnesota’s
cooperative purchasing venture (CPV). The Minnesota Materials Management Division has awarded
contract number 195277.
Staff solicited quotes for the purchase of the body and setup. The results are as follows:
ABM Equipment & Supply $87,175.00
BFX Fire Apparatus $83,584.00
Financial or Budget Considerations
The 2024-2033 Vehicle & Equipment Capital Improvement Program (CIP) includes $150,000 for the
purchase of a Rescue Vehicle (V&E-059). The total purchase price is $134,989.86.
Legal Considerations
The proposed equipment will be purchased following Minn. Stat. § 471.345 Subd. 4 and 15.
Equity Considerations
Certified Targeted Group/Economically Disadvantaged/Veteran-Owned small businesses receive a 12%
preference from the Office of State Procurement.
Recommended Action
Motion to approve purchase of a 2024 Ford F350 Crew Cab Chassis from Boyer Ford Trucks, Inc.
34
in the amount of $51,405.86.
Motion to approve purchase of Highland Rescue Body from BFX Fire Apparatus in the amount of
$83,584.00.
Supporting Documents
Boyer Ford Trucks, Inc. Quote
ABM Equipment & Supply Quote
BFX Fire Apparatus Quote
35
9/19/23, 2:32 PM Preview Order 7102 - W3F 4x4 Crew Chas Cab SRW- GOLDEN VALLEY
about:blank 1/1
Preview Order Order Summary Time of Preview: 09/19/2023 14:32:47 Receipt: 9/15/2023
Dealership Name: Boyer Ford Trucks, Inc.F58900Sales Code :
INVOICE
$51314
$0
$49762
$0
$0
$0
$0
$0
$0
$0
$0
$0
$241
$0
$-720
$0
$91
$0
DESCRIPTION
F350 4X4 CREW CHAS CAB SRW/179
.179 INCH WHEELBASE
TOTAL BASE VEHICLE
RACE RED
VINYL 40/20/40 SEATS
MEDIUM DARK SLATE
PREFERRED EQUIPMENT PKG.630A
.XL TRIM
.AIR CONDITIONING -- CFC FREE
.AM/FM STEREO MP3/CLK
.7.3L DEVCT NA PFI V8 ENGINE
10-SPEED AUTO TORQSHIFT
LT275/70R18E BSW ALL TERRAIN
4.30 ELECTRONIC-LOCKING AXLE
FORD FLEET SPECIAL ADJUSTMENT
11400# GVWR PACKAGE
SKID PLATES
50 STATE EMISSIONS
INVOICE
$897
$228
$0
$191
$377
$0
$205
$0
$0
$0
$0
$-1129
$-1552
$28.64
$7
$0
$0
$1995
DESCRIPTION
PRO POWER ONBOARD - 2KW
SNOW PLOW PREP PACKAGE
JOB #1 ORDER
DUAL BATTERY
REAR VIEW CAMERA & PREP KIT
PRIVACY GLASS
XL CHROME PACKAGE
.BACKGLASS DEFROST
.POWER SLIDING REAR WINDOW
.FOG LAMPS
.REMOTE START SYSTEM
SPECIAL DEALER ACCOUNT ADJUSTM
SPECIAL FLEET ACCOUNT CREDIT
FUEL CHARGE
NET INVOICE FLEET OPTION (B4A)
PRICED DORA
ADVERTISING ASSESSMENT
DESTINATION & DELIVERY
INVOICE
TOTAL BASE AND OPTIONS $52173.64
DISCOUNTS NA
TOTAL $52173.64
ORDERING FIN: QS031 END USER FIN: QS031
Customer Signature
Customer Name:Customer Email:
Customer Address:
Customer Phone:
Date
This order has not been submi ed to the order bank.
This is not an invoice.
7102 - W3F 4x4 Crew Chas Cab SRW:
Dealer Rep.Bailey Krebsbach
Customer Name GOLDEN VALLEY
Type Fleet
Priority Code L1
Vehicle Line Superduty
Model Year 2024
Order Code 7102
Price Level 420
Base Contract Price: $49,155.86Addtnl Options: $2,230.00MN Transit Tax: $20.00___________________________
TOTAL: $51,405.86
36
333 2nd Street NE
Hopkins, MN 55343-8337
952-938-5451
Fax: 952-938-0159
www.abmequip.com
Qty.
1
Date:
DISCLAIMERS
E-mail:
- Passenger's side compartments
TOTAL
City of Golden Valley
7800 Golden Valley Road
Golden Valley, MN 55427
- Front transverse
- Apparatus frame construction
Any warranties on the products sold hereby are those of the manufacturer. As between this retail seller and buyer, all products are sold in an AS IS condition.
The entire risk as the quality of the product is with the buyer. Seller does expressly refrain from making any representation or warranties and does hereby
disclaim any and all warranties, express or implied. Including any implied warranty of merchantability or fitness for a particular purpose, whether arising from
statute, common law, custom or otherwise. The remedy set forth in this agreement shall be the exclusive remedy available to any person. No person has the
authority to bind the seller to any representation or warranty other than this disclaimer. This disclaimer by this seller in no way affects the terms of the
manufacturer's warranty. The seller shall not be liable for any consequential damages resulting from the use of this product or caused by any defect, failure or
malfunction of any product, whether a claim for such damage is based upon warranty, contract, negligence or otherwise. The seller shall not be liable for any
loss of profit, wages, earnings, employment, contracts or otherwise. The buyer acknowledges being informed of the above disclaimer prior to sale.
Seller Acceptance:
$87,175.00
- Highland Rescue Vehicle Configuration
- Rear bumper
Terms:
One (1) Brand FX Model 643V Highland Body
PO #:
Phone:
Fax:
- Paint and finish
Mbeugen@goldenvalleymn.gov
S. Reierson
- Compartment lighting
- DOT / Clearance lights
Attn: Marshall Beugen
- Flexible mounting
Description
- Driver's side compartment
- AMDOR Roll-up doors
- Composite adjustable shelf channels
031124-058Quote / Order #
Date Issued:
Quote Expires On:
Salesman:
Custom Truck Equipment For The Utility, Construction, Municipal And Refuse Industries
03/11/24
- Apparatus body construction
- Electrical components and ratings
Unit Price
- Taillight assembly
$1,200.00
$85,975.00
- Rear license plate mount / light
- Compartment shelves
- Compartment floor mats
- Apparatus body trim
Acceptance Signature:Print Name:
Freight
37
BFX Fire Apparatus
Golden Valley FD Golden Valley FD
Marshall Beugen Marshall Beugen
7800 Golden Valley Rd. 7800 golden Valley Rd.
Golden Valley, MN. 55427 Golden Valley, MN. 55427
763-593-8055 763-593-8055
mbeugen@goldenvalleymn.gov mbeugen@goldenvalleymn.gov
Exp. Date:03/31/2024
Quote No:11474-0002 Golden Valley FD / Highland Body Only
BODY:643U Model 643U
03/01/2024 Page 1
PART NO S DESCRIPTION QTY ID
S == Highland Rescue Vehicle ==SSF
00-00-1200 S General Craftsmanship Requirements 1 SSF
00-00-2375 S >Warranty Policies 1 SSF
00-00-5700 S >Payment Terms 1 SSF
00-00-9300 S >Final Inspection Location 1 SSF
00-00-9400 S >Weather-Tight Testing 1 SSF
00-00-9600 S Pre-Work Conference 1 SSF
00-00-9900 S Delivery Time 1 SSF
00-18-1100 S Highland Rescue Vehicle Configuration 1 SSF
00-19-0015 S <Backup Alarm 1 SSF
00-19-0130 S >Lower Zone C Warning Lights 1 SSF
00-19-0225 S Rear Bumper 1 SSF
00-19-0315 S Apparatus Body Construction 1 SSF
00-19-0330 S Apparatus Frame Construction 1 SSF
00-19-0335 S Flexible Mounting 1 SSF
00-19-0350 S Driver's Side Compartments 1 SSF
00-19-0360 S Passenger's Side Compartments 1 SSF
00-19-0375 S AMDOR Roll-up Doors 1 SSF
00-19-0386 S Composite Adjustable Shelf Channels 1 SSF
00-19-0400 S Compartment Shelves 1 SSF
00-19-0425 S Compartment Floor Mats 1 SSF
00-19-0435 S Wheel Well Area 1 SSF
00-19-0438 S Apparatus Body Trim 1 SSF
00-19-0801 S Taillight Assembly 1 SSF
00-19-0811 S Rear License Plate Mount / Light 1 SSF
00-19-0812 S DOT / Clearance Lights 1 SSF
00-19-0825 S Compartment Lighting 1 SSF
37-00-0600 S >Chassis Application - Customer Provided 1 SSF
00-19-1099 S Apparatus Paint and Finish 1 SSF
00-19-1105 S >Additional Provided Components 1 SSF
10-90-1000 S >High Angle of Departure 1 SSF
11-21-6000 S >Rear Compartment 1 SSF
11-21-9000 U >Front Transverse 1
17-50-1150 S Load Bed Area 1 SSF
17-60-1100 U Grab Handles 1
22-05-0100 S General Wiring Specification 1 SSF
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03/01/2024 Page 2
PART NO S DESCRIPTION QTY ID
22-05-0150 S Electrical Components and Ratings 1 SSF
26-00-1000 U >LED Ground Lighting 1
51-00-2000 S Final Inspection / Delivery Preparations 1 SSF
60-00-0100 S Delivery Location 1 SSF
Total 83,584.00
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EXECUTIVE SUMMARY
Public Works
763-512-2345 / 763-512-2344 (fax)
Golden Valley City Council Meeting
April 2, 2024
Agenda Item
3C.4. Approve Contract for Landscape Services with JL Theis, Inc.
Prepared By
Tim Kieffer, Public Works Director
Al Lundstrom, Park Maintenance Superintendent
Summary
Plant beds were installed on Douglas Drive and Duluth Street as part of the street reconstruction
project. Plant beds are also on Winnetka Avenue. The plant beds require routine maintenance to
survive and stay aesthetically pleasing. The city contracts the maintenance of the plant beds due to
the additional maintenance they require.
Quotes were received on March 8, 2024, and are listed below:
Grove Property Management $37,500.00
Hoffman & McNamara Co.$49,154.00
JL Theis, Inc.$29,423.00
Prescription Landscape $33,536.49
Traverse des Sioux Garden Center $156,600.00
Financial or Budget Considerations
The 2024 Park Maintenance Operating Budget (1620.6382) includes $45,000 for landscape services.
Legal Considerations
The City Attorney has reviewed and approved the contract.
Equity Considerations
Staff solicited quotes from seventy-five contractors, including seventy-three Disadvantaged Business
Enterprises using the Minnesota Unified Certification Program database, and three community
organizations that work with Minority and Women Business Enterprises.
Recommended Action
Motion to authorize the Mayor and City Manager to execute the Contract for Landscape Services JL
Theis, Inc. in the form approved by the City Attorney to provide landscape services.
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Supporting Documents
Contract for Landscape Services with JL Theis, Inc.
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1
CONTRACT FOR LANDSCAPE SERVICES
WITH JL THEIS, INC.
THIS AGREEMENT is made this 2nd day of April, 2024 (the “Effective Date”) by and between JL Theis, Inc.,
a landscape company located at 18325 Apple Circle, Jordan, MN 55352 (“Contractor”), and the City of
Golden Valley, Minnesota, a Minnesota municipal corporation located at 7800 Golden Valley Road,
Golden Valley, MN 55427 (the “City”):
RECITALS
A. Contractor is engaged in the business of landscaping.
B. The City desires to hire Contractor to provide landscape services.
C. Contractor represents that it has the professional expertise and capabilities to provide the City
with the requested work.
D. The City desires to engage Contractor to provide the work described in this Agreement and
Contractor is willing to provide such work on the terms and conditions in this Agreement.
NOW, THEREFORE, in consideration of the terms and conditions expressed herein, the City and
Contractor agree as follows:
AGREEMENT
1.The Work.Contractor shall perform the work more fully described in the attached Exhibit A (the
“Work”). The Work includes all work and services required by this Agreement, whether completed or
partially completed, and includes all labor, materials, equipment, and services provided or to be provided
by Contractor to fulfill Contractor’s obligations. All Work shall be completed according to the
specifications set forth in the attached Exhibit B. Contractor shall at all times keep the premises free from
accumulation of waste materials and debris caused by Contractor’s operations.
2.Time for Completion.The Contractor shall proceed diligently and shallcomplete the Work to the
satisfaction and approval of the City’s authorized agentaccording to the length of time set forth in Exhibit
A (the “Contract Time”). Contractor shallnotify the City in writing of any cause of delay of the Workwithin
24 hours after such cause of delay arises. If Contractor fails to complete the Work during the Contract
Time, the City may immediately, or at any time thereafter, proceed to complete the Work at the
Contractor’s expense. If Contractor gives written notice of a delay over which Contractor has no control,
the City may at its discretion, extend the Contract Time.
3.Consideration.In consideration of the performance of the Work, the City shall pay to Contractor
the amount set forth in Exhibit C (the “Contract Price”). The consideration shall be for both the Work
performed by Contractor and the expenses incurred by Contractor in performing the Work. Contractor
shall submit statements to the City containing a detailed list of project labor and hours, rates, titles, and
amounts undertaken by Contractor during the relevant billing period. The City shall pay Contractor within
thirty (30) days after receiving a statement from Contractor.
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4.Extra Work.Unless approved by the City in writing, Contractor shall make no claim for extra work
done or materials furnished, nor shall Contractor do any work or furnish any materials not covered by the
plans and specifications of this Agreement. Any such work or materials furnished by Contractor without
written City approval shall be at Contractor’s own risk and expense. Contractor shall perform any altered
plans ordered by the City; if such alteration reduces the cost of doing such work, the actual amount of
such reduction shall be deducted from the contract price for the Work.
5.Contract Documents.The Contract Documents shall consist of this Agreement; all exhibits to this
Agreement, which are incorporated herein by reference; any supplementary drawings, plans, and
specifications; and other documents listed herein.
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:
a. Modifications to this Agreement
b. This Agreement, including all exhibits
c. Supplementary drawings, plans, specifications
d. Other documents listed in this Agreement
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.
6.Expense Reimbursement.Contractor shall not be compensated separately for necessary
incidental expenses. All expenses of Contractor shall be built into Contractor’s fixed compensation rate,
unless reimbursement is provided for an expense that received the prior written approval of the City,
which approval may be provided via electronic mail.
7.Approvals.Contractor shall secure the City’s written approval before making any expenditures,
purchases, or commitments on the City’s behalf beyond those listed in the Work. The City’s approval
may be provided via electronic mail.
8.Protection of Persons and Property.Contractor shall be responsible for initiating, maintaining
and supervising all safety precautions and programs in connection with the performance of the Work.
Contractor shall take reasonable precautions for the safety of, and shall provide reasonable protection to
prevent damage, injury, or loss to:
a. Persons performing the Work and other persons who may be affected by the Work;
b. The Work and materials and equipment to be incorporated therein; and
c. Other property at the site or adjacent to the site, such as trees, shrubs, lawns, walks,
pavement, roadways, structures and utilities.
Contractor shall promptly remedy damage and loss to property caused in whole or in part by Contractor
or any of its subcontractors, agents, or anyone directly or indirectly employed by any of them.
9.Acceptance of the Work. All of the Contractor’s work and labor shall be subject to the inspection
and approval of the City. If any materials or labor are rejected by the City as defective or unsuitable, then
the materials shall be removed and replaced with other approved materials and the labor shall be done
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to the satisfaction and approval of the City at the Contractor’s sole cost and expense. Contractor shall
replace at Contractor’s expense any loss or damage to the Work, however caused, which occurs during
the construction thereof or prior to the final delivery to and acceptance of the Work by the City. Any
payment made to Contractor, shall not be construed as operating to relieve Contractor from responsibility
for the construction and delivery of Work. Acceptance of the completed Work shall be evidenced only by
a Certificate of Final Completion issued by the City, which shall state the date on which the City accepts
the completed Work (the “Final Completion Date”).
10.Warranty.Contractor represents and warrants that it has the requisite training, skills, and
experience necessary to complete the Work, is appropriately licensed by all applicable agencies and
governmental entities, and will complete the Work in a manner consistent with the level of care and skill
ordinarily exercised by professionals currently providing similar work. Contractor further represents and
warrants to the City that the materials and equipment furnished under this Agreement are of good quality
and new, unless this Agreement requires or permits otherwise. Contractor further warrants that the Work
will conform to the requirements of this Agreement and will be free from defects. Work, materials, or
equipmentnot conforming to these requirements may be considered defective. Contractor shall promptly
correct any defective Work. Costs of correcting such defective Work, including additional testing and
inspections, the cost of uncovering and replacement, and compensation for any additional services and
expenses made necessary thereby, shall be at Contractor’s expense. Contractor’s warranty shall exclude
remedy for damage or defect caused by abuse, alterations to the Work not executed by Contractor or its
subcontractors, agents, or anyone hired or employed by any of them, improper or insufficient
maintenance, improper operation or normal wear and tear under normal usage.
11.Guarantee.Contractor guarantees and agrees to maintain the stability of the Work and materials
furnished and installed under this contract for a period of one year after the Final Completion Date (the
“Guarantee Period”). Contractor agrees to perform fully all other guarantees as set forth in the
specifications. If any of the Work is found to be not in accordance with the requirements of the Contract
during the Guarantee Period, Contractor shall correct it promptly after receipt of notice from the City to
do so. The City shall give such notice promptly after discovery of the condition. 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 Contractor’s expense.
The Guarantee Period shall be extended with respect to portions of Work first performed after the Final
Completion Date by the period of time between final payment 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 within which proceedings may be
commenced to establish Contractor’s liability with respect to Contractor’s obligations other than
specifically to correct the Work.
12.Termination.This Agreement shall remain in force and effect commencing from the effective
date and continuing until the completion of all of the parties’ obligations hereunder, unless terminated
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by the City or amended pursuant to the Agreement. Notwithstanding any other provision hereof to the
contrary, this Agreement may be terminated as follows:
a. The parties, by mutual written agreement, may terminate this Agreement at any time;
b. Contractor may terminate this Agreement in the event of a breach of the Agreement by the
City upon providing thirty (30) days’ written notice to the City;
c. The City may terminate this Agreement at any time at its option, for any reason or no reason
at all; or
d. The City may terminate this Agreement immediately upon Contractor’sfailure to have in force
any insurance required by this Agreement.
In the event of a termination, the City shall pay Contractorfor Work performed to the date of termination
and for all costs or other expenses incurred prior to the date of termination.
13.Amendments.No amendments may be made to this Agreement except in a writing signed by
both parties.
14.Remedies. In the event of a termination of this Agreement by the City because of a breach by
Contractor, the City may complete the Work either by itself or by contract with other persons or entities,
or any combination thereof. These remedies provided to the City for breach of this Agreement by
Contractor shall not be exclusive. The City shall be entitled to exercise any one or more other legal or
equitable remedies available because of Contractor’s breach.
15.Records/Inspection.Pursuant to Minnesota Statutes § 16C.05, subd. 5, Contractor agrees that
the books, records, documents, and accounting procedures and practices of Contractor, that are relevant
to the contract or transaction, are subject to examination by the City and the state auditor or legislative
auditor for a minimum of six years. Contractor shall maintain such records for a minimum of six years
after final payment. The parties agree that this obligation will survive the completion or termination of this
Agreement.
16.Indemnification.To the fullest extent permitted by law, Contractor, and Contractor’s successors
or assigns, agree to protect, defend, indemnify, save, and hold harmless the City, its officers, officials,
agents, volunteers, and employees from any and all claims; lawsuits; causes of actionsof any kind,nature,
or character; damages; losses; andcosts, disbursements, and expenses of defending the same, including but
not limited to attorneys’ fees, professional services, and other technical, administrative or professional
assistance resulting from or arising out of Contractor’s (or its subcontractors, agents, volunteers, members,
invitees, representatives, or employees) performance of the duties required by or arising from this
Agreement, or caused in whole or in part by any negligent act or omission or willful misconduct by Contractor,
or arising out of Contractor’s failure to obtain or maintain the insurance required by this Agreement.
Nothing in this Agreement shall constitute a waiver or limitation of any immunity or limitation on liability to
which the City is entitled. The parties agree that these indemnification obligations shall survive the
completion or termination of this Agreement.
17.Insurance.Contractor shall maintain reasonable insurance coverage throughout this
Agreement. Contractor agrees that before any work related to the approved project can be performed,
Contractor shall maintain at a minimum:
a. Worker’s Compensation Insurance as required by Minnesota Statutes, section 176.181;
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b. Business Auto Liability covering vehicles owned by Contractor and non-owned vehicles used
by Contractor, with policy limits not less than $1,000,000.00 per accident, for bodily injury,
death of any person, and property damage arising out of the ownership, maintenance, and
use of such motor vehicles, along with any statutorily required automobile coverage;
c. Commercial General Liability in an amount of not less than $1,000,000.00 per occurrence,
$2,000,000 general aggregate, and $2,000,000 for products-completed operations hazard,
providing coverage for claims including:
i.Damages because of bodily injury, sickness or disease, including occupational sickness
or disease, and death of any person;
ii.Personal and advertising injury;
iii.Damages because of physical damage to or destruction of property, including loss of
use of such property;
iv.Bodily injury or property damage arising out of completed operations; and
v.Contractor’s indemnity obligations under this Agreement.
To meet the Commercial General Liability and Business Auto Liability requirements, Contractor may use a
combination of Excess and Umbrella coverage. Prior to commencement of the Work, Contractor shall
provide the City with a current certificate of insurance including the following language: “The City of
Golden Valley is named as an additional insured with respect to the commercial general liability, business
automobile liability and umbrella or excess liability, as required by the contract. The umbrella or excess
liability policy follows form on all underlying coverages.” Such certificate of liability insurance shall list the
City as an additional insured and contain a statement that such policies of insurance shall not be canceled
or amended unless 30 days’ written notice is provided to the City, or 10 days’written notice in the case
of non-payment.
18.Compliance with State Withholding Tax. Before final payment is made for the Work on this
project, Contractor must make a satisfactory showing that it has complied with the provisions of
Minnesota Statutes, section 290.92 requiring the withholding of State Income Tax for wages paid
employees on this project by providing to the City Engineer a Certificate of Compliance from the
Commissioner of Taxation. Contractor is advised that before such Certificate can be issued, Contractor
must first place on file with the Commissioner of Taxation an affidavit, in the form of an IC-134, that
Contractor has complied with the provisions of Minnesota Statutes Section 290.92.
19.Assignment.Neither the City nor Contractor shall assign this Agreement or any rights under or
interest in this Agreement, in whole or in part, without the other party’s prior written consent. Any
assignment in violation of this provision is null and void. Neither the City nor Contractor shall assign, or
transfer any rights under or interest (including, but without limitation, moneys that may become due or
moneys that are due) in the Agreement without the written consent of the other except to the extent that
the effect of this limitation may be restricted by law. Unless specifically stated to the contrary in any
written consent to an assignment, no assignment will release or discharge the assignor from any duty or
responsibility under this Agreement. Nothing contained in this paragraph shall prevent Contractor from
employing such independent consultants, associates, and subcontractors, as it may deem appropriate to
assist it in the performance of the Work required by this Agreement. Any instrument in violation of this
provision is null and void.
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20.Independent Contractor.Contractor is an independent contractor. Contractor’s duties shall be
performed with the understanding that Contractor has special expertise as to the Work which Contractor
is to perform and is customarily engaged inthe independent performance of the same or similar workfor
others. Contractor shall provide or contract for all required equipment and personnel. Contractor shall
control the manner in which the Work is performed; however, the nature of the Work and the results to
be achieved shall be specified by the City.The parties agree that this is not a joint venture and the parties
are not co-partners. Contractoris not an employee or agent of the City and has no authority to make any
binding commitments or obligations on behalf of the City except to the extent expressly provided in this
Agreement. All Work provided by Contractor pursuant to this Agreement shall be provided by Contractor
as an independent contractor and not as an employee of the City for any purpose, including but not limited
to: income tax withholding, workers' compensation, unemployment compensation, FICA taxes, liability
for torts and eligibility for employee benefits.
21.Compliance with Laws.Contractorshall exercise due professionalcare to comply with applicable
federal, state and local laws, rules, ordinances and regulations in effect as of the Effective Date.
Contractor’sguests, invitees, members, officers, officials, agents, employees, volunteers, representatives,
and subcontractors shall abide by the City’s policies prohibiting sexual harassment and tobacco, drug, and
alcohol use as defined on the City’s Tobacco, Drug, and Alcohol Policy, as well as all other reasonable work
rules, safety rules, or policies, and procedures regulating the conduct of persons on City property, at all
times while performing duties pursuant to this Agreement. Contractor agrees and understands that a
violation of any of these policies, procedures, or rules constitutes a breach of the Agreement and sufficient
grounds for immediate termination of the Agreement by the City.
22.Entire Agreement.The Contract Documents shall constitute the entire agreement between the
City and Contractor, and supersede any other written or oral agreements between the City and
Contractor.
23.Third Party Rights.The parties to this Agreement do not intend to confer any rights under this
Agreement on any third party.
24.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.
25.Work Products and Ownership of Documents. All records, information, materials and other work
products, including, but not limited to the completed reports, drawings, plans, and specifications prepared
and developed in connection with the provision of the Work pursuant to this Agreement shall become the
property of the City, but reproductions of such records, information, materials and other work products
in whole or in part may be retained by Contractor. Regardless of when such information was provided,
Contractor agrees that it will not disclose forany purpose any information Contractor has obtained arising
out of or related to this Agreement, except as authorized by the City or as required by law. These
obligations survive the termination of this Agreement.
26.Conflict of Interest.Contractor shall use reasonable care to avoid conflicts of interest and
appearances of impropriety in representation of the City. In the event of a conflict of interest, Contractor
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shall advise the City and,either secure a waiver of the conflict, or advise the City that it will be unable to
provide the requested Work.
27.Agreement Not Exclusive.The City retains the right to hire other professionals, contractors and
service providers for this or other matters, in the City’s sole discretion.
28.Data Practices Act Compliance.Any and all data provided to Contractor, received from Contractor,
created, collected, received, stored, used, maintained, or disseminated by Contractor pursuant to this
Agreement shall be administered in accordance with, and is subject to the requirements of the Minnesota
Government Data Practices Act, Minnesota Statutes, Chapter 13. Contractoragrees to notify the City within
three business days if it receives a data request from a third party. This paragraph does not create a duty
on the part of Contractor to provide access to public data to the public if the public data are available from
the City, except as required by the terms of this Agreement. These obligations shall survive the termination
or completion of this Agreement.
29.No Discrimination.Contractor agrees not to discriminate in providing the Work under this
Agreement on the basis of race, color, sex, creed, national origin, disability, age, sexual orientation, status
with regard to public assistance, or religion. Violation of any part of this provision may lead to immediate
termination of this Agreement. Contractor agrees to comply with Americans with Disabilities Act as
amended (“ADA”), section 504 of the Rehabilitation Act of 1973, and the Minnesota Human Rights Act,
Minnesota Statutes, Chapter 363A. Contractoragrees to hold harmless and indemnify the City from costs,
including but not limited to damages, attorneys’ fees and staff time, in any action or proceeding brought
alleging a violation of these laws by Contractor or its guests, invitees, members, officers, officials, agents,
employees, volunteers, representatives and subcontractors. Upon request, Contractor shall provide
accommodation to allow individuals with disabilities to participate in all Work under this Agreement.
Contractor agrees to utilize its own auxiliary aid or service in order to comply with ADA requirements for
effective communication with individuals with disabilities.
30.Authorized Agents.The City’s authorized agent for purposes of administration of this contract is
Tim Kieffer, or designee. Contractor’s authorized agent for purposes of administration of this contract is
Jamie Theis, or designee who shall perform or supervise the performance of all Work.
31.Notices.Any notices permitted or required by this Agreement shall be deemed given when
personally delivered or upon deposit in the United States mail, postage fully prepaid, certified, return
receipt requested, addressed to:
CONTRACTOR THE CITY
JL Theis, Inc.
18325 Apple Circle
Jordan, MN 55352
jamie@jltheis.com
City of Golden Valley
7800 Golden Valley Road
Golden Valley, MN 55427
tkieffer@goldenvalleymn.gov
or such other contact information as either party may provide to the other by notice given in accordance
with this provision.
32.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.
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33.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.
34.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.
35.Signatory.Each person executing this Agreement (“Signatory”) represents and warrants that they
are duly authorized to sign on behalf of their respective organization. In the event Contractor did not
authorize the Signatory to sign on its behalf, the Signatory agrees to assume responsibility for the duties
and liability of Contractor, described in this Agreement, personally.
36.Counterparts and Electronic Communication.This Agreement may be executed in two or more
counterparts, each of which shall be deemed an original, but all of which taken together shall constitute
one and the same instrument. This Agreement may be transmitted by electronic mail in portable
document format (pdf) and signatures appearing on electronic mail instruments shall be treated as
original signatures.
37.Recitals.The City and Contractor agree that the Recitals are true and correct and are fully
incorporated into this Agreement.
IN WITNESS WHEREOF,the City and Contractor have caused this Independent Contractor Agreement to
be executed by their duly authorized representatives in duplicate on the respective dates indicated
below.
JL THEIS,INC.:CITY OF GOLDEN VALLEY:
By: _________________________________
Jamie Theis, President
By: _________________________________
Roslyn Harmon, Mayor
By: _________________________________
Noah Schuchman, City Manager
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EXHIBIT A
SCOPE OF WORK
1.Work.The Work shall include furnishing all labor, tools, and equipment to maintain landscape
beds and plant materials at the locations shown on the maps included in this Exhibit A. The Work shall
occur at least once a month during the Contract Time. The Work shall include the following:
A. Weed Control – Hand pull weeds or apply a contact non-selective herbicide, as needed,
sparingly and selectively in and around shrubs and perennial beds to kill weeds that resist
hand removal. All landscape plant materials shall be protected from application damage.
B. Shrubs and Perennial Maintenance – Inspect plants for signs of pests and diseases and notify
the City within 24 hours of detecting the presence of pests or diseases. Removal of dead,
broken, and diseased branches from all plant materials adhering to National Arboriculture
Standards. The Work shall include the cutting back of perennials and corresponding cleanup
in the fall.
C. Trash Removal – Removal of all trash & debris within the planting beds resulting from
maintenance operations or incidental.
D. Mulch Installation – Furnish and install mulch to ensure a minimum of 5” of engineered
shredded hardwood mulch within each area, as directed by the City. The City may request
additional mulch to be installed at the unit price in Exhibit C.
2.Location. Location maps are in Exhibit A.
3.Contract Time. The Work shall commence May 1, 2024, and conclude October 31, 2024.
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EXHIBIT B
SPECIAL CONDITIONS
1.Pre-Construction Meeting. Prior to the beginning of maintenance, a pre-construction meeting shall be
held, and shall be attended by the authorized representatives of the City and persons of the contracting
company 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 pre-construction meeting:
A. Critical path phasing plan and schedule, which details all controlling operations. This shall be
submitted a minimum of three (3) days before the pre-construction meeting.
B. List of products and materials.
C. General project contact information including emergency contacts.
D. Traffic Control plan.
2.Notification. The Contractor shall notify the City within 24 hours after discovering irrigation, mulch, tree
maintenance issues, or needed repairs.
3.Use of Chemicals.It is the City’s 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.
B. All chemicals shall be approved by the City’s authorized agent prior to application.
C. Applicators must be MDA licensed 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. Contractor shall use the minimum effective rate of the chemicals in order to minimize any
potentially negative impacts.
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.
4.Safety Precautions and Accident Prevention. The Contractor shall observe and comply with all
requirements to the safety of the workforce to be employed on the project. Contractor shall comply with all
safety measures recommended and required by any governmental agency, including the Department of Labor
and Industry, Division of Accident Prevention of the Industrial Commission of Minnesota, and with the
requirements of the Workmen's Compensation Act and any amendments thereof. Attention is called to the
other paragraphs of these Special Conditions covering safety precautions and accident prevention. The
Contractor shall be responsible for all safety issues on this project. The Contractor shall comply with instructions
from the City for implementing any additional requirements for safety concerns.
5.Permits and Licenses.Contractor shall procure all permits and licenses as required, pay all charges and
fees and give all notices necessary and incidental to the due and lawful prosecution of the Work.
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6.Locating Utilities. 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 prior to the Work. Contractor shall be responsible for
verifying all utility location by contacting Gopher State One-Call (651.454.0002). Contractor shall also make such
investigations as are necessary to determine the extent to which existing structures may interfere with the
Work. 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 relative to the surface, overhead or underground
structures or by reason of Contractor’s failure to properly protect and maintain such structures.
7.Mobilization. The mobilization shall be included in the base price in all aspects of Work and shall
include mobilization to all of the areas identified in the Location Maps herein Exhibit A. No additional
compensation will be considered for mobilization.
8.DOT Compliance. All of Contractor’s drivers performing work for the City must be in compliance with DOT
requirements related to holding a Commercial Driver’s License (CDL). Contractor shall be responsible for ensuring
its own compliance with all applicable DOT regulations and requirements, including but not limited to DOT
regulations related to drug testing and the maintenance of drug testing records. Contractor shall indemnify and
hold harmless the City for any fines incurred as a result of Contractor’s failure to comply with DOT requirements
as set forth above. It shall be Contractor’s responsibility to comply and provide evidence to the City of DOT
compliance upon request.
9.Hours of Operation. Work shall occur Monday through Friday from 7:00 a.m. to 7:00 p.m., excluding
holidays. On streets designated as high-volume or County roadways, Contractor’s Work shall be restricted to the
hours of 9:00 a.m. to 3:30 p.m., or after 6:00 p.m. for any Work within the traveled portion of the roadway.
High Volume Roadways
A. Betty Crocker Boulevard between US 169 and General Mills Blvd
B. Boone Avenue North between TH 55 and Plymouth Ave
C. General Mills Boulevard between Wayzata Blvd and TH 55
D. Golden Hills Drive between Wayzata Blvd and Turners Crossroad
E. Golden Valley Road between Boone Avenue and Douglas Drive
F. Laurel Avenue between Winnetka Avenue and Xenia Avenue
G. Louisiana Avenue South between Laurel Avenue and I-394
H. Noble Avenue North between Golden Valley Road and 34
th Ave N
I.North and South Frontage Roads of I-394
J.Olympia Street between Winnetka Avenue and Douglas Drive
K. Plymouth Avenue between US 169 and Winnetka Avenue
L. Regent Avenue North between Duluth Street and 34
th Ave N
M. Rhode Island Avenue between 10
th Avenue and TH 55
N. Wayzata Boulevard all portions in Golden Valley City Limits
O. Winnetka Avenue between TH 55 and I-394
P. Xenia Avenue South between Glenwood Avenue and I-394
Q. Zenith Avenue North between 26
th Ave N and Theodore Wirth Pkwy
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10.Noise Elimination. The 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 manufacturer.
11.Care of Work.All work under this contract shall be accomplished with reasonable care and minimal
damage to affected properties. The Contractor shall provide quality cleanup after removal and repair of any
damage done by the Contractor’s equipment.
12.Traffic Control and Maintenance. Contractor shall maintain traffic at all times while performing the
Work in accordance with the current Minnesota Manual of Uniform Traffic Control Devices (MMUTCD) Field
Manual and its supplements, or as deemed necessary by the Engineer, when the Work occurs on or adjacent to
any street, alley or public place. Contractor shall provide, under the traffic control item, all construction signage
and traffic control devices for the protection of persons, property and the Work. Contractor shall be responsible
for maintaining traffic control devices during the Work. 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. The Contractor shall be held responsible for all damaged from failure to protect the work zone.
When single lane traffic is necessary, flagmen must be provided to direct traffic. Contractor shall provide
certifications of all flagmen that will be working on this project.
13.Manual References. The Specifications which apply to the Work shown in the Plans shall be as follows:
A. Special Conditions in Exhibit A and this Exhibit B.
B. The most current edition of the Minnesota Manual on Uniform Traffic Control Devices and its
supplements.
C. Division I, 1512 (Unacceptable and unauthorized work) of the Minnesota Department of Highways
Standard Specification for Construction, most current edition, and its supplements, shall apply,
except as modified or supplemented herein.
D. Division II (Construction Details) and Division III (Materials) of the Minnesota Department of
Highways Standard Specification for Construction, most current edition, and its supplements, shall
apply, except as modified or supplemented herein.
E. ANSI A300 Manual.
14.Tree and Landscape Preservation. Contractor shall protect existing trees and shrubbery that may be
impacted by the Work, including but not limited to, cutting, breaking, or shredding of roots; wounding or scraping
of trunks and branches; 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. All branches
that have been damaged by Contractor shall be properly trimmed in accordance with National Arboriculture
Standards by the end of the workday. Contractor shall have on-site an approved wound dressing to be applied to
freshly cut branch ends immediately (within 10 minutes) after damage to prevent Emerald Ash Borer disease.
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 1-½” 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
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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 or
ashes damaged by construction before July 1. Contractor shall coordinate all such work with the Assistant City
Forester.
15.Measurement and Payment.Payment for all items for this project shall be by the unit price as stated in
Exhibit C. The estimated quantities on the Proposal form are for determination of the lowest cost for the Work.
The City reserves the right to increase or decrease quantities shown on the Proposal to stay within the amount
budgeted by the City. No claims for extra compensation due to increased or decreased quantities shall be
considered. Contractor shall submit all final quantities to the City within one month after completion of the
Work.
16.Contract Extension. Contractor shall perform fully, entirely, and in an acceptable manner, the Work
contracted for within the time stated in Exhibit A. Contractor shall, not less than ten (10) days prior to said date,
make written request to the City for an extension of time for completion, setting forth fully in its request the
reasons which Contractor believes justify the granting of the request. If the City finds that the Work has been
delayed on account of unusual conditions beyond the control of Contractor, or the quantities of the Work done
or to be done are in excess of the Contract quantities in sufficient amount to warrant additional time; the City
may, in its sole discretion, grant an extension of time for the completion to such date as may seem reasonable
and proper. In case such extension is not granted, the right to proceed with the Work may be considered as
forfeited as of the Contract Time, including all agreed upon adjustments, and the City, without violating the
Contract, may proceed immediately to take over the Work, materials and equipment and make final settlement
of costs incurred, except that it shall not be necessary to give Contractor written ten (10) days’ notice for such
forfeiture.
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EXHIBIT C
PROPOSAL
The undersigned hereby certifies that an examination has been made of the scope and location of
work and hereby proposes to furnish all necessary machinery, equipment, tools, labor and other
means of construction and to furnish all materials specified in the manner and at the time prescribe;
and understands that the quantities of work shown herein are approximate only and are subject to
increase or decrease; and further understands all quantities of work, whether increased or decreased,
are to be performed at the following unit prices.
Total Quote to Provide Landscape Maintenance Services (58,356 ft2)$29,423.00
Mulch Installation $85.00 / yd3
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EXECUTIVE SUMMARY
Public Works
763-512-2345 / 763-512-2344 (fax)
Golden Valley City Council Meeting
April 2, 2024
Agenda Item
3C.5. Approve Contract for Brush Pick-Up with Bratt Tree Company
Prepared By
Tim Kieffer, Public Works Director
Al Lundstrom, Park Maintenance Superintendent
Tim Teynor, City Forester
Summary
Each spring, the City contracts the collection and disposal of residents’ small brush, piled in the
boulevard, as part of the Brush Pick-Up Program. The Brush Pick-Up Program is a three-week program
scheduled to begin on April 29, 2024. The city is divided into three sections with each region allocated
one week for collection.
Staff solicited quotes to perform the work. The results are as follows:
All Phase Contracting $152,250
Bratt Tree Company $108,750
Staff provides information to residents about the Brush Pick-Up Program through the CityNews, City’s
website, and postcards.
Financial or Budget Considerations
Funding will come from the Recycling operating budget (7001.6340) which includes $1,065,800 for
professional services such as Brush Pick-up, Fall Leaf Drop, and Mighty Tidy Day events.
Legal Considerations
The City Attorney has reviewed and approved the contract.
Equity Considerations
Staff solicited quotes from seventy-nine contractors, including seventy-three Disadvantaged Business
Enterprises using the Minnesota Unified Certification Program database, and three community
organizations that work with Minority and Women Business Enterprises.
Recommended Action
Motion to authorize the Mayor and City Manager to execute the contract for Brush Pick-Up with Bratt
Tree Company in the form approved by the City Attorney to provide brush pick-up and disposal
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services.
Supporting Documents
Contract for Brush Pick-Up with Bratt Tree Company
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1
CONTRACT FOR BRUSH PICK-UP
WITH BRATT TREE COMPANY
THIS AGREEMENT is made this 2nd day of April, 2024 (the “Effective Date”) by and between Bratt
Tree Company, a tree care company located at 2230 East 35
th Street, Minneapolis, MN 55407
(“Contractor”), and the City of Golden Valley, Minnesota, a Minnesota municipal corporation located at
7800 Golden Valley Road, Golden Valley, MN 55427 (the “City”):
RECITALS
A. Contractor is engaged in the business of collecting, removing, and disposing of tree debris.
B. The City desires to hire Contractor to collect, remove, and dispose of tree debris.
C. Contractor represents that it has the professional expertise and capabilities to provide the City with
the requested work.
D. The City desires to engage Contractorto provide the workdescribed in this Agreement and Contractor
is willing to provide such work on the terms and conditions in this Agreement.
NOW, THEREFORE,in consideration of the terms and conditions expressed herein, the City and Contractor
agree as follows:
AGREEMENT
1.The Work.Contractor shall perform the work more fully described in the attached Exhibit A (the
“Work”). The Work includes all work and services required by this Agreement, whether completed or
partially completed, and includes all labor, materials, equipment, and services provided or to be provided
by Contractor to fulfill Contractor’s obligations. All Work shall be completed according to the
specifications set forth in the attached Exhibit B. Contractor shall at all times keep the premises free from
accumulation of waste materials and debris caused by Contractor’s operations.
2.Time for Completion.Contractor shall commence the Work not later than April 29, 2024.
Contractor shall proceed diligently and shall complete the Work to the satisfaction and approval of the
City’s authorized agent according to the deadlines set forth in Exhibit A (the “Contract Time”). Contractor
shall notify the City in writing of any cause of delay of the Work within 24 hours after such cause of delay
arises. If Contractor fails to complete the Work by the Contract Time, the City may immediately, or at any
time thereafter, proceed to complete the Workat Contractor’s expense. If Contractor gives written notice
of a delay over which Contractor has no control, the Citymay, at its discretion, extend the Contract Time.
3.Consideration.In consideration of the performance of the Work, the City shall pay to Contractor
the amount set forth in the attached Exhibit C (the “Contract Price”). The consideration shall be for both
the Work performed by Contractor and the expenses incurred by Contractor in performing the Work.
Contractor shall submit statements to the City containing a detailed list of project labor and hours, rates,
titles, and amounts undertaken by Contractor during the relevant billing period. The City shall pay
Contractor within thirty (30) days after receiving a statement from Contractor.
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4.Extra Work.Unless approved by the City in writing, Contractor shall make no claim for extra work
done or materials furnished, nor shall Contractor do any work or furnish any materials not covered by the
this Agreement. Any such work or materials furnished by Contractor without written City approval shall
be at Contractor’s own risk and expense. Contractor shall perform any altered plans ordered by the City;
if such alteration reduces the cost of doing such work, the actual amount of such reduction shall be
deducted from the Contract Price for the Work.
5.Contract Documents.The Contract Documents shall consist of this Agreement; all exhibits to this
Agreement, which are incorporated herein by reference; any supplementary drawings, plans, and
specifications; and other documents listed herein.
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:
a. Modifications to this Agreement
b. This Agreement, including all exhibits
c. Supplementary specifications
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.
6.Expense Reimbursement.Contractor shall not be compensated separately for necessary
incidental expenses. All expenses of Contractor shall be built into the Contract Price, unless
reimbursement is provided for an expense that received the prior written approval of the City, which
approval may be provided via electronic mail.
7.Approvals.Contractor shall secure the City’s written approval before making any expenditures,
purchases, or commitments on the City’s behalf beyond those listed in the Work. The City’s approval
may be provided via electronic mail.
8.Protection of Persons and Property.Contractor shall be responsible for initiating, maintaining
and supervising all safety precautions and programs in connection with the performance of the Work.
Contractor shall take reasonable precautions for the safety of, and shall provide reasonable protection to
prevent damage, injury, or loss to:
a. Persons performing the Work and other persons who may be affected by the Work;
b. The Work and materials and equipment to be incorporated therein; and
c. Other property at the site or adjacent to the site, such as trees, shrubs, lawns, walks,
pavement, roadways, structures and utilities.
Contractor shall promptly remedy damage and loss to property caused in whole or in part by Contractor
or any of its subcontractors, agents, or anyone directly or indirectly employed by any of them.
9.Acceptance of the Work. All of Contractor’s work and labor shall be subject to the inspection and
approval of the City. The City’s authorized agent shall be the sole and final judge of the fitness of the Work
and its acceptability. Any payment made to Contractor, shall not be construed as operating to relieve
Contractor from responsibility for the construction and delivery of the Work. No payment shall be made
to Contractor until the Work has been accepted.
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10.Termination.This Agreement shall remain in force and effect commencing from the effective
date and continuing until the completion of all of the parties’ obligations hereunder, unless terminated
by the City or amended pursuant to this Agreement. Notwithstanding any other provision hereof to the
contrary, this Agreement may be terminated as follows:
a. The parties, by mutual written agreement, may terminate this Agreement at any time;
b. Contractor may terminate this Agreement in the event of a breach of the Agreement by the
City upon providing thirty (30) days’ written notice to the City;
c. The City may terminate this Agreement at any time at its option, for any reason or no reason
at all; or
d. The City may terminate this Agreement immediately upon Contractor’sfailure to have in force
any insurance required by this Agreement.
In the event of a termination, the City shall pay Contractorfor Work performed to the date of termination
and for all costs or other expenses incurred prior to the date of termination.
13.Amendments.No amendments may be made to this Agreement except in a writing signed by
both parties.
14.Remedies. In the event of a termination of this Agreement by the City because of a breach by
Contractor, the City may complete the Work either by itself or by contract with other persons or entities,
or any combination thereof. These remedies provided to the City for breach of this Agreement by
Contractor shall not be exclusive. The City shall be entitled to exercise any one or more other legal or
equitable remedies available because of Contractor’s breach.
15.Records/Inspection.Pursuant to Minnesota Statutes § 16C.05, subd. 5, Contractor agrees that
the books, records,documents, and accounting procedures and practices of Contractor, that are relevant
to the contract or transaction, are subject to examination by the City and the state auditor or legislative
auditor for a minimum of six years. Contractor shall maintain such records for a minimum of six years
after final payment. The parties agree that this obligation will survive the completion or termination of this
Agreement.
16.Indemnification.To the fullest extent permitted by law, Contractor, and Contractor’s successors
or assigns, agree to protect, defend, indemnify, save, and hold harmless the City, its officers, officials,
agents, volunteers, and employees from any and all claims; lawsuits; causes of actionsof any kind,nature,
or character; damages; losses; andcosts, disbursements, and expenses of defending the same, including but
not limited to attorneys’ fees, professional services, and other technical, administrative or professional
assistance resulting from or arising out of Contractor’s (or its subcontractors, agents, volunteers, members,
invitees, representatives, or employees) performance of the duties required by or arising from this
Agreement, or caused in whole or in part by any negligent act or omission or willful misconduct by Contractor,
or arising out of Contractor’s failure to obtain or maintain the insurance required by this Agreement.
Nothing in this Agreement shall constitute a waiver or limitation of any immunity or limitation on liability to
which the City is entitled. The parties agree that these indemnification obligations shall survive the
completion or termination of this Agreement.
17.Insurance.Contractor shall maintain reasonable insurance coverage throughout this
Agreement. Before it may perform any Work under this Agreement, Contractor shall procure and
maintain at a minimum:
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a. Worker’s Compensation Insurance as required by Minnesota Statutes, section 176.181;
b. Business Auto Liability covering vehicles owned by Contractor and non-owned vehicles used
by Contractor, with policy limits not less than $1,000,000.00 per accident, for bodily injury,
death of any person, and property damage arising out of the ownership, maintenance, and
use of such motor vehicles, along with any statutorily required automobile coverage;
c. Commercial General Liability in an amount of not less than $1,000,000.00 per occurrence,
$2,000,000 general aggregate, and $2,000,000 for products-completed operations hazard,
providing coverage for claims including:
i.Damages because of bodily injury, sickness or disease, including occupational sickness
or disease, and death of any person;
ii.Personal and advertising injury;
iii.Damages because of physical damage to or destruction of property, including loss of
use of such property;
iv.Bodily injury or property damage arising out of completed operations; and
v.Contractor’s indemnity obligations under this Agreement.
To meet the Commercial General Liability and Business Auto Liability requirements, Contractor may use a
combination of Excess and Umbrella coverage. Prior to commencement of the Work, Contractor shall
provide the City with a current certificate of insurance including the following language: “The City of
Golden Valley is named as an additional insured with respect to the commercial general liability, business
automobile liability and umbrella or excess liability, as required by the contract. The umbrella or excess
liability policy follows form on all underlying coverages.” Such certificate of liability insurance shall list the
City as an additional insured and contain a statement that such policies of insurance shall not be canceled
or amended unless 30 days’ written notice is provided to the City, or 10 days’written notice in the case
of non-payment.
18.Compliance with State Withholding Tax. Before final payment is made for the Work on this
project, Contractor must make a satisfactory showing that it has complied with the provisions of
Minnesota Statutes, section 290.92 requiring the withholding of State Income Tax for wages paid
employees on this project by providing to the City Engineer a Certificate of Compliance from the
Commissioner of Taxation. Contractor is advised that before such Certificate can be issued, Contractor
must first place on file with the Commissioner of Taxation an affidavit, in the form of an IC-134, that
Contractor has complied with the provisions of Minnesota Statutes Section 290.92.
19.Performance and Payment Bond.Prior to Commencement of the Work, Contractor shall make,
execute and deliver to the City corporate surety bonds in a form acceptable to the City, in the sum of
$108,750.00 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.
20.Assignment.Neither the City nor Contractor shall assign this Agreement or any rights under or
interest in this Agreement, in whole or in part, without the other party’s prior written consent. Any
assignment in violation of this provision is null and void. Neither the City nor Contractor shall assign, or
transfer any rights under or interest (including, but without limitation, moneys that may become due or
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moneys that are due) in the Agreement without the written consent of the other except to the extent that
the effect of this limitation may be restricted by law. Unless specifically stated to the contrary in any
written consent to an assignment, no assignment will release or discharge the assignor from any duty or
responsibility under this Agreement. Nothing contained in this paragraph shall prevent Contractor from
employing such independent consultants, associates, and subcontractors, as it may deem appropriate to
assist it in the performance of the Work required by this Agreement. Any instrument in violation of this
provision is null and void.
21.Independent Contractor.Contractor is an independent contractor. Contractor’s duties shall be
performed with the understanding that Contractor has special expertise as to the Work which Contractor
is to perform and is customarily engaged inthe independent performance of the same or similar workfor
others. Contractor shall provide or contract for all required equipment and personnel. Contractor shall
control the manner in which the Work is performed; however, the nature of the Work and the results to
be achieved shall be specified by the City.The parties agree that this is not a joint venture and the parties
are not co-partners. Contractoris not an employee or agent of the City and has no authority to make any
binding commitments or obligations on behalf of the City except to the extent expressly provided in this
Agreement. All Work provided by Contractor pursuant to this Agreement shall be provided by Contractor
as an independent contractor and not as an employee of the City for any purpose, including but not limited
to: income tax withholding, workers' compensation, unemployment compensation, FICA taxes, liability
for torts and eligibility for employee benefits.
22.Compliance with Laws.Contractorshall exercise due professional care to comply with applicable
federal, state and local laws, rules, ordinances and regulations in effect as of the Effective Date.
Contractor’sguests, invitees, members, officers, officials, agents, employees, volunteers, representatives,
and subcontractors shall abide by the City’s policies prohibiting sexual harassment and tobacco, drug, and
alcohol use as defined on the City’s Tobacco, Drug, and Alcohol Policy, as well as all other reasonable work
rules, safety rules, or policies, and procedures regulating the conduct of persons on City property, at all
times while performing duties pursuant to this Agreement. Contractor agrees and understands that a
violation of any of these policies, procedures, or rules constitutes a breach of the Agreement and sufficient
grounds for immediate termination of the Agreement by the City.
23.Entire Agreement.The Contract Documents shall constitute the entire agreement between the
City and Contractor, and supersede any other written or oral agreements between the City and
Contractor.
24.Third Party Rights.The parties to this Agreement do not intend to confer any rights under this
Agreement on any third party.
25.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.
26.Work Products and Ownership of Documents. All records, information, materials and other work
products, including, but not limited to the completed reports, drawings, plans, and specifications prepared
and developed in connection with the provision of the Work pursuant to this Agreement shall become the
property of the City, but reproductions of such records, information, materials and other work products
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in whole or in part may be retained by Contractor. Regardless of when such information was provided,
Contractor agrees that it will not disclose for any purpose any information Contractor has obtained arising
out of or related to this Agreement, except as authorized by the City or as required by law. These
obligations survive the termination of this Agreement.
27.Conflict of Interest.Contractor shall use reasonable care to avoid conflicts of interest and
appearances of impropriety in representation of the City. In the event of a conflict of interest, Contractor
shall advise the City and,either secure a waiver of the conflict, or advise the City that it will be unable to
provide the requested Work.
28.Agreement Not Exclusive.The City retains the right to hire other professionals, contractors and
service providers for this or other matters, inthe City’s sole discretion.
29.Data Practices Act Compliance.Any and all data provided to Contractor, received from Contractor,
created, collected, received, stored, used, maintained, or disseminated by Contractor pursuant to this
Agreement shall be administered in accordance with, and is subject to the requirements of the Minnesota
Government Data Practices Act, Minnesota Statutes, Chapter 13. Contractoragrees to notify the City within
three business days if it receives a data request from a third party. This paragraph does not create a duty
on the part of Contractor to provide access to public data to the public if the public data are available from
the City, except as required by the terms of this Agreement. These obligations shall survive the termination
or completion of this Agreement.
30.No Discrimination.Contractor agrees not to discriminate in providing the Work under this
Agreement on the basis of race, color, sex, creed, national origin, disability, age, sexual orientation, status
with regard to public assistance, or religion. Violation of any part of this provision may lead to immediate
termination of this Agreement. Contractor agrees to comply with Americans with Disabilities Act as
amended (“ADA”), section 504 of the Rehabilitation Act of 1973, and the Minnesota Human Rights Act,
Minnesota Statutes, Chapter 363A. Contractoragrees to hold harmless and indemnify the City from costs,
including but not limited to damages, attorneys’ fees and staff time, in any action or proceeding brought
alleging a violation of these laws by Contractor or its guests, invitees, members, officers, officials, agents,
employees, volunteers, representatives and subcontractors. Upon request, Contractor shall provide
accommodation to allow individuals with disabilities to participate in all Work under this Agreement.
Contractor agrees to utilize its own auxiliary aid or service in order to comply with ADA requirements for
effective communication with individuals with disabilities.
31.Authorized Agents.The City’s authorized agent for purposes of administration of this contract is
Tim Kieffer, or designee. Contractor’s authorized agent for purposes of administration of this contract is
Brent Blanske, or designee who shall perform or supervise the performance of all Work.
32.Notices.Any notices permitted or required by this Agreement shall be deemed given when
personally delivered or upon deposit in the United States mail, postage fully prepaid, certified, return
receipt requested, addressed to:
CONTRACTOR THE CITY
Bratt Tree Company
2230 East 35th Street
Minneapolis, MN 55407
brent@bratttree.com
City of Golden Valley
7800 Golden Valley Road
Golden Valley, MN 55427
tkieffer@goldenvalleymn.gov
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or such other contact information as either party may provide to the other by notice given in accordance
with this provision.
33.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.
34.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.
35.Payment of Subcontractors.Contractor agrees to pay all laborers employed and all
subcontractors furnishing material to Contractor in the performance of this contract. If Contractor fails to
pay any claims and demands for labor and materials, the City may apply the monies due to Contractor
toward paying and satisfying such claims and demands. The City has the right to apply monies due to
Contractor towards paying any accrued indebtedness or any claim which may hereafter come due against
Contractor. The amount of such payments shall be deducted from the balance due to the Contractor.
Pursuant to Minnesota Statutes, Section 471.425, Subdivision 4(a), Contractor must pay any
subcontractor within ten (10) days of Contractor’s receipt of payment from the City for undisputed
services provided by the subcontractor. Contractor must pay interest of one and one-half percent (1½%)
per month or any part of a month to the subcontractor on any undisputed amount not paid on time to
the subcontractor. The minimum monthly interest penalty payment for an unpaid balance of $100.00 or
more is $10.00. For an unpaid balance of less than $100.00, Contractor shall pay the actual penalty due
to the subcontractor. A subcontractor who prevails in a civil action to collect interest penalties from the
Contractor shall be awarded its costs and disbursements, including attorney’s fees, incurred in bringing
the action.
36.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.
37.Signatory.Each person executing this Agreement (“Signatory”) represents and warrants that they
are duly authorized to sign on behalf of their respective organization. In the event Contractor did not
authorize the Signatory to sign on its behalf, the Signatory agrees to assume responsibility for the duties
and liability of Contractor, described in this Agreement, personally.
38.Counterparts and Electronic Communication.This Agreement may be executed in two or more
counterparts, each of which shall be deemed an original, but all of which taken together shall constitute
one and the same instrument. This Agreement may be transmitted by electronic mail in portable
document format (pdf) and signatures appearing on electronic mail instruments shall be treated as
original signatures.
39.Recitals.The City and Contractor agree that the Recitals are true and correct and are fully
incorporated into this Agreement.
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IN WITNESS WHEREOF,the City and Contractor have caused this Independent Contractor Agreement to
be executed by their duly authorized representatives in duplicate on the respective dates indicated
below.
BRATT TREE COMPANY:CITY OF GOLDEN VALLEY:
By: _________________________________
Brent Blanske, General Manager
By: _________________________________
Roslyn Harmon, Mayor
By: _________________________________
Noah Schuchman, City Manager
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EXHIBIT A
SCOPE OF WORK
1.Work. The Work shall include all labor and equipment necessary to remove all brush and branches
four inches (4”) in diameter or smaller (the “Materials”) from the boulevards in each section listed in
paragraph 2 of this Exhibit A. The work shall include the following:
a. Remove the Materials from the boulevard with clam trucks and operators.
b. Clean the pickup area and repair any areas damaged by equipment.
c. Provide return service to properties not covered during initial cleanup.
d. Videotape piles not complying with City requirements including shot of address on house for
reference. Video should clearly show non-compliance and date.
2.Location. Contractor shall remove the Materials from street boulevards within the City. The City
staff has divided the City into the following three sections for the removal operation:
Section 1 is the area north of TH 55 and east of Douglas Drive.
Section 2 is the area north of TH 55 and west of Douglas Drive.
Section 3 is the area south of TH 55.
3.Schedule.Contractor shall complete the Work in each section according to the following
schedule:
Section Start Date Completion Date
Section 1 April 29, 2024 May 4, 2024
Section 2 May 6, 2024 May 11, 2024
Section 3 May 13, 2024 May 18, 2024
Contractor shall complete each section of Work by the Completion Date stated in the table above. If the
City receives requests for additional pick-ups from residents by May 18, 2024, the City’s representative
may develop a list of additional work to be performed by the Contractor (the “Additional Pick-Ups”).
Contractor shall perform all Additional Pick-Ups at the unit price for equipment and labor in Exhibit C.
Contractor shall not be entitled to increased prices to perform the Additional Pick-Ups. All Work under
this contract including, but not limitedto the Additional Pick-Upsshallbe completed by May 25, 2024(the
“Final Completion Date”).
If Contractor fails to complete the Work within each section by the Final Completion Date, the City may
withhold from any monies due to Contractor.
4.Disposal.Contractor shall collect, transport, and deposit all collected Materials at the City
Designated Collection Facility located at 9305 10th Avenue North, Golden Valley, MN 55427. Contractor
shall make reasonable efforts to keep the areas outside of the designated storage site at the City
Designated Collection Facility free of debris. Contractor shall stack theMaterialseach day in an organized
manner such that the debris is oriented in a uniform direction for efficient transfer.
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EXHIBIT B
SPECIAL CONDITIONS
1.Responsible Contractor Certification. Contractor and subcontractor(s) shall be a “responsible contractor”
as defined in Minnesota Statutes §16C.285, subdivision 3. Contractor or subcontractor(s) that do not meet the
minimum criteria established in Minnesota Statutes §16C.285, subdivision 3, or who fails to verify compliance
with the minimum requirements, will not be a “responsible contractor” and will be ineligibleto perform the Work.
Contractor and subcontractor(s) are that make a false statement verifying compliance with any of the minimum
criteria shall result in the termination of this Agreement.
2.Safety Precautions and Accident Prevention. Contractor shall observe and comply with all requirements
to the safety of the workforce to be employed on the project. Contractor shall comply with all safety measures
recommended and required by any governmental agency, including the Department of Labor and Industry,
Division of Accident Prevention of the Industrial Commission of Minnesota, and with the requirements of the
Workmen's Compensation Act and any amendments thereto. Attention is called to the other paragraphs of these
Special Conditions covering safety precautions and accident prevention. Contractor shall be responsible for all
safety issues on this project. Contractor shall comply with instructions from the City for implementing any
additional safety-related requirements.
3.Temporary Traffic Control Devices. Contractor, at its own expense, shall furnish and deploy temporary
traffic control signs and devices in accordance with the provisions of the Minnesota Manual on Uniform Traffic
Control Devices (MMUTCD) when the Work occurs on or adjacent to any street, alley or public place. Contractor
shall, at Contractor’s 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. A sufficient number of devices shall be erected to keep vehicles from driving into the work zone and
to warn pedestrians and children of the existence of the Work. Contractor shall be responsible for all damages,
costs to repair, fees or other losses due to failure of barricades, signs, or lights. Contractor shall be solely
responsible for the maintenance of barricades, signs and devices.
4.DOT Compliance. All of Contractor’s drivers performing work for the City must be in compliance with the
Minnesota Department of Transportation (“DOT”) requirements related to holding a Commercial Driver’s License
(CDL). Contractor shall be responsible for ensuring its own compliance with all applicable DOT regulations and
requirements, including but not limited to DOT regulations related to drug testing and the maintenance of drug
testing records. Contractor shall indemnify and hold harmless the City for any finesor penaltiesincurred as a result
of Contractor’s failure to comply with DOT requirements as set forth above. It shall be Contractor’s responsibility
to comply and provide evidence to the City of DOT compliance upon request.
5.Hours of Operation. Contractor shall perform the Work Monday through Saturdayfrom 7:00 a.m. to 7:00
p.m., excluding holidays.
6.Noise Elimination. Contractor shall eliminate noise to the greatest extent 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 manufacturer.
7.Care of Work. All work under this contract shall be accomplished with reasonable care and minimal
damage to affected properties. The Contractor shall provide quality cleanup after removal and repair of any
damage done by the Contractor.
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8.Payment.Payment for this project will be on an hourly basis as stated in Exhibit C and shall be based on
the number of hours worked and the type of equipment used. The Contractor shall submit to the City’s
representative a time sheet for each day’s activities. The estimated quantities on the Proposal form are for
determination of the lowest proposal for the Work. Actual quantities maybe adjustedso long as the total Contract
Price does not exceed the amounted budgeted by the City. Contractor shall useas many pieces of equipment and
provide the necessary labor force to ensure all of the Work is completed within the Contract Time.
9.Contract Time Extension. Contractor shall perform fully, entirely, and in an acceptable manner, the Work
within the Contract Time stated in thisAgreement.If Contractor determines it is impossible to complete the Work
within the Contract Time, Contractor shall request an extension from the City, in writing, not less than ten days
prior to end of the Contract Time. Contractor’s extension requestshall detailfully in thereasons for the requested
extension. The City, in its sole discretion, may grant or deny Contractor’s extension request. The City will only
grant extension requests if the Work has been delayed by circumstances beyond Contractor’s control, or if the
Material quantities substantially exceed the estimated quantities.
10.Risk of Loss. Contractor acknowledges that it will bear all risk of loss with regard to its performance under
this Agreement, including without limitation, the cost of losses caused by delays attributable to Contractor,
breakdowns of trucks, equipment and the acts or omissions of Contractor’s employees.
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EXHIBIT C
PROPOSAL
Contractor certifies that an examination has been made of the scope and location of work and proposes to furnish
all necessary machinery, equipment, tools, labor and other means for the Work and to furnish all materials
specified in the manner and at the time prescribed in the Contract Documents. Contractor understands that the
quantities shown herein are approximate only and are subject to increase or decrease. Contractor further
understands all quantities, whether increased or decreased, shallbe performed at the unit pricesbelow.The cost
of hauling to the dumpsite and the cost of dumping material at the site shall be included in the prices bid for the
equipment.
Clam Truck with Operator $175.00 /hr.X 290 hours =$50,750.00
Haul Truck with Operator $120.00 /hr.X 290 hours =$34,800.00
2 Person Clean-Up Crew $80.00 /hr.X 290 hours =$23,200.00
TOTAL:GRAND TOTAL COST TO PROVIDE SERVICES FOR 2024 SPRING BRUSH PICK-UP $108,750.00
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EXECUTIVE SUMMARY
Community Development
763-512-2345 / 763-512-2344 (fax)
Golden Valley City Council Meeting
April 2, 2024
Agenda Item
3C.6. Approve Construction Contract with New Look Contracting, Inc. for the TH 55 Bridge Watermain
Repair Project
Prepared By
RJ Kakach, PE, Assistant City Engineer
Tim Kieffer, Public Works Director
Summary
Most of the watermain in the City of Golden Valley is buried underground to protect the pipe and the
water within the pipe from the elements and potential threat of freezing. There is a section of pipe,
however, that is above ground and is attached to an old MNDOT bridge over Bassett Creek adjacent to
Highway 55. This watermain was installed in the early 1960s and has started to degrade at a rapid
pace with multiple watermain breaks over the past three years.
In September of 2023, City Council approved a contract with consulting engineering firm WSB and
Associates for design and construction services on the TH 55 Bridge Watermain Repair Project. The
design was completed in February 2024 and staff solicited bids for the project shortly after. Bids were
opened on March 21, 2024. The following bids were received:
Contractor Base Bid
New Look Contracting $283,881.00
Minger Construction $342,368.75
Northdale Construction $358,068.23
Pember Companies $361,727.50
Geislinger and Sons $408,000.00
Low Bid: New Look Contracting - $283,881
Staff reviewed the bids and found them to be accurate and in order. Staff recommends awarding the
contract to New Look Contracting, Inc . for all work associated with the Base Bid.
Staff was alerted that he watermain work associated with this project does not meet the Minnesota
Department of Health (MDH) requirement that water facilities maintain a 10-foot separation from
wastewater force main facilities and a variance was needed.
There are several factors that lead to there being no practical way to replace this watermain and
provide that separation.
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• The northern boundary of the project has a commercial building and patio that we can not place the
watermain beneath.
• There are actually 2 wastewater force mains in the right of way, which makes the 10-foot separation
impractical.
The proposed design deviates from the typical Minnesota Department of Health (MDH) design
standards for watermain separation. This is the only alternative for design in this corridor and has
been approved by MDH in the attached letter.
Financial or Budget Considerations
Anticipated funding for the project is included in the 2024-2033 CIP (W&SS-126) in the amount of
$650,000. This includes the existing contract with WSB & Associates for $36,312. The total preliminary
fiscal impact for this project will be $320,193, well below the budgeted amount.
Legal Considerations
The City Attorney has approved the contract documents for the project. The MDH variance request has
been signed off by the Assistant City Engineer and approved by MDH.
Equity Considerations
This program satisfies Pillar 3 of the Equity Plan Pillars by providing unbiased programs and services for
all.
Recommended Action
Motion to approve construction agreement with New Look Contracting, Inc . for the TH 55 Bridge
Watermain Repair Project #23-19 in the amount of $283,881.
This item requires a majority vote.
Supporting Documents
Highway 55 Watermain Map
Highway 55 Bridge Watermain Repair Project Manual
MDH Variance Letter
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New 14" HDPE
Abandon 12" CIP
New 8" HDPE
S t a t e H w y 5 5Boone Ave NGolden Valley Rd
State Hwy 55
I
0 150 30075Feet
TH 55 BridgeWM Repair Project
Print Date: 3/25/2024Sources:-Hennepin County Surveyors Office for Property Lines (2024) & Aerial Photography (2018).-City of Golden Valley for all other layers.Hwy 169Hwy 100Hwy 55
I-394
Water Main
Abandon 12" CIP
New 14" HD PE
New 8" HDPE
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Project Manual and Specifications
TH 55 Watermain Repair at Bassett Creek
City Project No. 23-19
WSB Project No. 023686-000
February 20, 2024
Prepared for:
City of Golden Valley
7800 Golden Valley Road
Golden Valley, MN 55427-4588
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PROJECT MANUAL
TH 55 WATERMAIN REPAIR AT BASSETT CREEK TITLE SHEET
CITY PROJECT NO. 23-19
CITY OF GOLDEN VALLEY, MN
WSB PROJECT NO. 023686-000
TH 55 WATERMAIN REPAIR AT BASSETT CREEK
CITY PROJECT NO. 23-19
FOR THE CITY OF GOLDEN VALLEY
HENNEPIN COUNTY, MINNESOTA
FEBRUARY 20, 2024
Prepared By:
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TH 55 WATERMAIN REPAIR AT BASSETT CREEK CERTIFICATION
CITY PROJECT NO. 23-19
CITY OF GOLDEN VALLEY, MN
WSB PROJECT NO. 023686-000
DOCUMENT 00 00 00
CERTIFICATION
I hereby certify that this specification was prepared by me or under my direct
supervision and that I am a duly Licensed Professional Engineer under the laws
of the State of Minnesota.
John R. Bradford, PE
Date: February 20, 2024 Lic. No. 25927
Reviewed By:
Shibani Bisson, PE
Date: February 20, 2024 Lic. No. 41860
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TH 55 WATERMAIN REPAIR AT BASSETT CREEK TABLE OF CONTENTS
CITY PROJECT NO. 23-19
CITY OF GOLDEN VALLEY, MN
WSB PROJECT NO. 023686-000
TABLE OF CONTENTS
CONTRACT DOCUMENTS
1. ADVERTISEMENT OF BIDS AB
2. INSTRUCTION TO BIDDERS IB
3. PROPOSAL FORM PF
4. AFFIDAVIT OF NON-COLLUSION AN-C
5. ACCEPTANCE OF LIQUIDATED DAMAGE RATE ALD
6. CERTIFICATE OF COMPLIANCE CC
7. RESPONSIBLE CONTRACTOR CERTIFICATION RCC
8. AGREEMENT A
9. SPECIAL CONDITIONS SC
10. GENERAL CONDITIONS GC
11. APPENDICES A-C
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TH 55 WATERMAIN REPAIR AT BASSETT CREEK ADVERTISEMENT FOR BIDS
CITY PROJECT NO. 23-19
CITY OF GOLDEN VALLEY, MN
WSB PROJECT NO. 023686-000 PAGE 1
CITY OF GOLDEN VALLEY, MINNESOTA
ADVERTISEMENT FOR BIDS
TH 55 Watermain Repair at Bassett Creek
City Improvement Project No. 23-19
NOTICE IS HEREBY GIVEN that Bids for the construction of TH 55 Watermain Repair at Bassett
Creek will be received online through QuestCDN vBid™ until Thursday, March 21, 2024 at 10:00 am
local time. Immediately following expiration of the time for receiving bids, representatives of the City of
Golden Valley will publicly view Bids at an online Bid opening meeting. Those interested in viewing the
online Bid opening are welcome to join the meeting by logging on to https://zoom.us/join or calling
646.931.3860 and entering Meeting ID 933 9818 1194 and Passcode 487524. The as-read online Bid
results will be available at www.questcdn.com following the Bid opening.
Project includes the furnishing of all labor and material for the construction of the TH 55 Watermain
Repair at Bassett Creek. Major quantities for the Work include.
Description Quantity Unit
Mobilization 1 LS
Remove Hydrant 1 EACH
Abandon Watermain 865 LF
Exploratory Excavation 5 HOUR
Ductile Iron Fittings 870 LB
Temporary Water Service 1 LS
Connect To Existing Watermain 3 EACH
Connect To Existing Water Service 1 EACH
Install Hydrant & Valve 2 EACH
8”-12” Gate Valve & Box 3 EACH
8”-14” Watermain HDPE (Directional Drilled)1,060 LF
6”-12” PVC Watermain 110 LF
Traffic Control 1 LS
Fertilizer Type 3 30 LB
Rolled Erosion Prevention Category 20 750 SY
Seed Mixture 25-131 & 25-141 15 LB
Bid Opening - Golden Valley, MN for TH 55 Watermain Repair at Bassett Creek
Thursday, March 21, 2024 at 10 AM (CST)
The Issuing Office for the Bidding Documents is: WSB LLC located at 701 Xenia Avenue S, #300,
Minneapolis, MN 55416; John Bradford, PE 952.210.8280
Information and Bidding Documents for the Project can be found at www.questcdn.com. Bidding
Documents may be downloaded from the website for a nonrefundable fee of $55 by inputting Quest
project #8910457 on the website’s Project Search page.
The website will be updated periodically with addenda, lists of registered plan holders, reports, and
other information relevant to submitting a Bid for the Project. All official notifications, addenda, and
other Bidding Documents will be offered only through the website www.questcdn.com. Neither Owner
nor Engineer will be responsible for Bidding Documents, including addenda, if any, obtained from other
sources.
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TH 55 WATERMAIN REPAIR AT BASSETT CREEK ADVERTISEMENT FOR BIDS
CITY PROJECT NO. 23-19
CITY OF GOLDEN VALLEY, MN
WSB PROJECT NO. 023686-000 PAGE 2
For this project, bids will ONLY be received electronically. To access the electronic Bid Worksheet,
download the project document and click the online bidding button at the top of the advertisement.
Prospective bidders must be on the plan holders list through Quest CDN for bids to be accepted.
Bid security in the amount of 5 percent (5%) of the Bid must accompany each Bid in accordance with
the Instructions to Bidders.
Bidders are required to submit information indicating they have practical experience of the particular
construction work bid upon, and that they have the ability and resources to complete the proposed work in
a manner satisfactory to the Owner. A contract award will only be made to a bidder meeting the minimum
contractor qualifications as stated within the contract specifications.
The successful bidder must be a “responsible contractor.” The term “responsible contractor” means a
contractor as defined in Minnesota Statutes, section 16C.285, subdivision 3. Any prime contractor,
subcontractor, or motor carrier that does not meet the minimum criteria or fails to comply with the
verification requirements is not a responsible contractor and is not eligible to be awarded a construction
contract for the project or to perform work on the project. A prime contractor, subcontractor, or motor
carrier that makes a false statement under oath verifying compliance with the minimum criteria will be
ineligible to be awarded a construction contract on the project, and the submission of a false statement
may result in termination of a contract awarded to a prime contractor, subcontractor, or motor carrier
that submits the false statement. A prime contractor shall include in its verification of compliance a list
of all of its first-tier subcontractors that it intends to retain for work on the project. Before execution of a
construction contract, a prime contractor shall submit a supplemental verification under oath confirming
that all subcontractors and motor carriers that the prime contractor intends to use to perform project
work have verified to the prime contractor, through a signed statement under oath by an owner or
officer, that they meet the minimum criteria for a responsible contractor.
The City of Golden Valley reserves the right to reject any and all Bids, to waive irregularities and
informalities therein and to award the Contract in the best interests of the City of Golden Valley.
BY ORDER OF THE CITY COUNCIL
Theresa Schyma, City Clerk
PUBLISHED IN: New Hope/Golden Valley Sun Post March 7, 2024 and March 14, 2024
Finance and Commerce March 7, 2024 and March 14, 2024
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TH 55 WATERMAIN REPAIR AT BASSETT CREEK INSTRUCTIONS TO BIDDERS
CITY PROJECT NO. 23-19
CITY OF GOLDEN VALLEY, MN
WSB PROJECT NO. 023686-000
INSTRUCTIONS TO BIDDERS INDEX
PAGE
1. PRE-BID MEETING 1
2. EXAMINATION OF PLANS, SPECIFICATIONS AND SITE OF WORK 1
3. BID SECURITY 1
4. CONTRACT DOCUMENTS 1
5. PREPARATION OF PROPOSAL 2
6. CONDITIONS IN BIDDER’S PROPOSAL 3
7. INTERPRETATION OF ESTIMATES 3
8. DELIVERY OF PROPOSALS 3
9. REJECTION OF BIDS 3
10. WITHDRAWAL OF PROPOSALS 3
11. PUBLIC OPENING OF PROPOSALS 3
12. EVALUATION OF BIDS 3
13. DISQUALIFICATION OF BIDDERS 4
14. EQUIPMENT 5
15. SUPPLIERS AND SUBCONTRACTORS 5
16. FURNISHING OF EVIDENCE OF RESPONSIBILITY 5
17. REQUIREMENTS OF CONTRACT BOND 5
18. FAILURE TO EXECUTE CONTRACTS 5
19. AWARD OF CONTRACT 5
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IB-1
INSTRUCTIONS TO BIDDERS
CITY OF GOLDEN VALLEY, MINNESOTA
1. PRE-BID MEETING
No pre-bid meeting will be held for this project.
2. EXAMINATION OF PLANS, SPECIFICATIONS AND SITE OF WORK
The Bidder shall examine to their satisfaction the quantities of work to be done as
determined from the Plans and Specifications. Quantities indicated by the
Engineer on drawings or elsewhere are estimated only, and Bidders must rely on
their own calculations. Bidders shall be thoroughly familiar with the
Specifications, including all Special Conditions.
Submission of a bid by the Bidder is a representation that the Bidder has visited the
Work site, become generally familiar with local conditions under which the Work is
to be performed, and correlated personal observations with requirements of the
Contract Documents. Bidders shall inform themselves of the character and
magnitude of work and the conditions under which the work is to be performed
concerning the site of the work, the structure of the ground, the existence of surface
and groundwater, availability of drainage, the obstacles which may be encountered,
means of approach to the site, manner of delivering and handling materials,
facilities of transporting and installing construction plant and equipment and all
other relevant matters pertaining to the complete execution of this Contract. No
plea of ignorance of conditions that exist or that may hereafter exist, or of difficulties
that will be encountered in the execution of the work hereunder, as a result of
failure to make necessary examination and investigations, will be accepted as a
sufficient excuse for any failure or omission on the part of the Contractor to fulfill in
every detail all the requirements of this Contract, or will be accepted as a basis for
any claim whatsoever for extra compensation or for an extension of time. No
Bidder may rely upon any statements or representations of any officer, agent, or
employee of the City with reference to the conditions of the work or the character of
the soil or other hazards that may be encountered in the course of construction.
Submission of a bid by a Bidder is a representation that the Bidder has contacted
the affected utilities listed in Item 18 of the Special Conditions prior to submitting
the bid to determine the extent of their facilities within the project area and the
scope and anticipated schedule of the facility relocation, removal or adjustment.
3. BID SECURITY
Each bid shall be accompanied by a cash deposit, certified or cashier’s check, or
bid bond with a corporate surety in an amount at least equal to five (5) percent of
the total amount of the base bid, payable to the City as a guaranty that the Bidder
will enter into a contract with the City for the work described in the Proposal, and
the amount of the bid security of a successful Bidder shall be forfeited to the City
as liquidated damages in the event that such Bidder fails to enter into a contract
and furnish Contractor’s bond.
4. CONTRACT DOCUMENTS
The Contract Documents shall consist of the Plans and the Specifications along with
the fully executed Contract Form. “Plans” means all project plans and drawings
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IB-2
including addendums as distributed by the City. “Specifications” means all documents
included in the project manual including, but not limited to, the following:
• the Certification:
• Advertisement for Bids;
• Instructions to Bidders;
• Proposal Form;
• Affidavit of Non-Collusion;
• Acceptance of Liquidated Damage Rate;
• Certificate of Compliance
• Responsible Contractor Certification Form
• Agreement
• Special Conditions
• General Conditions;
• All documents required within any of the documents listed herein
including, but not limited to, all bonds and insurance required.
• Appendix
5. PREPARATION OF PROPOSAL The Bidder shall state the prices for each item of work in the Online Bid
Worksheet.
The following items are required for a bid to be considered complete:
1. Completed Proposal Form
2. Five Percent Bid Security
3. Completed Contractor Questionnaire
4. Receipt of Addenda (if applicable), must be downloaded to submit
bid.
5. Affidavit of Non-Collusion
6. Acceptance of Liquidated Damage Rate
7. Employment Certificate of Compliance
8. Responsible Contractor Certification Form
9. Hourly Equipment and Labor Rates
10. Complete list of subcontractors working on this project, the
portion of the project they will be constructing and the value of
the work they are responsible for.
If the Proposal is made by an individual, his name and post office address shall
be shown. If made by a firm or partnership, the name and post office address of
each member of the firm or partnership shall be shown. If made by a company
or corporation, the Proposal shall identify the name of the state formation of the
corporation or business, and names, titles and business addresses of the
President, Secretary and Treasurer. All bids from corporations shall bear the
official seal of the corporation; if the corporation does not have a corporate seal,
the bid must be signed by the president and the treasurer. This form must be
uploaded to QuestCDN when submitting your bid.
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IB-3
6. CONDITIONS IN BIDDER’S PROPOSAL
The Bidder shall not stipulate in its Proposal any conditions not provided for on
the Proposal Form.
7. INTERPRETATION OF ESTIMATES
The award of the Contract shall be made on the basis of the Engineer’s estimate
of quantities as shown in the Proposal, but these quantities are not guaranteed to
be accurate and are furnished without any liability on the part of the City.
Quantities indicated by the Engineer on drawings or elsewhere are estimated
only, and Bidders must rely on their own calculations.
8. DELIVERY OF PROPOSALS
Bidders shall submit their Proposal via QuestCDN, if there are any addenda for
this project, they must be downloaded in order to submit your electronic bid. This
project will be bid using QuestCDN’s on-line bidding tool known as VirtuBid™
(vBid™). Only bids received through vBid™ will be accepted. See the Project
Manual Appendix for instructions on the use of this bidding tool.
9. REJECTION OF BIDS
The City reserves the right to reject any and all bids, including without limitation;
proposals that show any omission, alteration of form, additions not called for,
conditional bids or alternate bids not specified or irregularities of any kind.
Proposals in which the prices are obviously unbalanced may be rejected.
10. WITHDRAWAL OF PROPOSALS
A Bidder may withdraw its Proposal without prejudice to themselves, provided a
written request is filed with the City Clerk before the hour of letting, and such
withdrawn Proposal may be modified and resubmitted by the Bidder at any time
prior to the hour set for receiving bids.
11. PUBLIC OPENING OF PROPOSALS
Proposals will be opened publicly and read aloud in such place as designated at
the time and the date set in the “Advertisement for Bids.” Bidders or their
authorized agents are invited to be present.
12. EVALUATION OF BIDS
The City will review the completed Contractor Questionnaire, included within the
Proposal Form, to determine whether the Bidder has the practical knowledge,
experience, available personnel, equipment and financial resources for the timely
and professional completion of the work. The City also reserves the right to make
inquiries regarding past performance of any Bidder on previous contracts. The
object of this review and any other inquiries is to provide the City with the best
available information regarding the capabilities of the Bidder to complete the work
as specified in the Contract Documents, and to minimize the risk of awarding the
Contract to an unqualified 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. The City reserves the right to reject any Proposal where there is
insufficient or unsatisfactory evidence to demonstrate the Bidder’s ability to perform
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IB-4
the work. Failure on the part of any Bidder to have carried out previous contracts
satisfactorily, to show adequate experience, or to possess necessary equipment or
labor for completion of the work, shall be sufficient cause for disqualification of the
Bidder. Bidders who will subcontract more than 50% of the value of the work
under the Contract shall be deemed unqualified to perform the work.
The City will award the Contract to the Bidder whose bid price, quality and
experience best conform to the overall interests of the City. Bids from qualified
bidders will be considered as described in the City of Golden Valley General
Conditions, Section II.1 CONSIDERATION OF BIDS. The City’s decisions
regarding bidder qualifications, contract award and contract amount shall be final.
The City has limited financial resources to commit to the project. Accordingly,
the project must be accomplished with a minimum of interruption, on time and
without cost overruns. The City believes that a contractor with sufficient
experience in constructing this kind of specialty roadway is necessary for this
complicated project. Therefore, the City will consider the quality and experience
of each Bidder in addition to the bid price.
A Bidder will not be considered for this project unless the Bidder receives a rating
of at least 10 points, as determined by the City, using the following system for
assigning points:
Experience constructing an urban street reconstruction
project similar in size and functions within the last five
years, to the satisfaction of the City
5 points
For each additional project qualifying under the
above category 1 point each
Experience of the assigned job superintendent in
supervising construction of an urban street reconstruction
project while under traffic similar in size and functions
within the last five years, to the satisfaction of the City
5 points
For each additional roadway supervised that
qualifies under the above category 1 point each
History of initiating change orders (not at the owner’s
request) that total more than 5% of the original bid within
the last five years
Deduct 2 points
for each confirmed project
History of complaints regarding completion deadlines or
the quality of the work of projects within the last five years
Deduct 2 points
for each confirmed project
The City may give partial credit for points depending upon the
nature of the projects.
13. DISQUALIFICATION OF BIDDERS
More than one Proposal for the same project from an individual firm, partnership,
company or corporation under the same or different names will not be
considered. Evidence that any Bidder is interested in more than one Proposal for
the same work will result in the rejection of all such Proposals. Collusion
between Bidders shall be sufficient cause for the rejection of all bids so affected.
Failure to achieve a rating of 10 points or more as described in section 9 above
shall be sufficient cause to disqualify a Bidder for this project.
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IB-5
14. EQUIPMENT
When requested by the City, the Bidder shall furnish a complete statement of the
make, size, weight (where weight is one of the specified requirements), condition
and previous length of service of all equipment to be used in the proposed work.
15. SUPPLIERS AND SUBCONTRACTORS
The Bidder shall provide, within the time requested, a list of all suppliers and
subcontractors to be used on the project for approval by the City. All provisions of
Item 12 of these instructions shall also apply to subcontractors and suppliers. The
Bidder will be notified in writing by the City of disqualification of any supplier or
subcontractor. The Bidder will then be given the option to replace the disqualified
supplier or subcontractor with an approved supplier or subcontractor or withdraw
its bid. No adjustment of bid prices will be allowed for such replacement.
16. FURNISHING OF EVIDENCE OF RESPONSIBILITY
When requested by the City, the Bidder and any subcontractors shall furnish a
balance sheet, certified by a Certified Public Accountant, dated not more than sixty
(60) days prior to date of the opening of the Proposal which shall set forth
outstanding assets and liabilities in reasonable detail. The City may also require
the Bidder and its subcontractors to furnish a list of work of similar nature
performed with dates of completion thereof. The Bidder or subcontractor shall also
furnish any other additional information relative to financial responsibility and
competence to do the work as may be requested by the City prior to acceptance of
any Proposal.
17. REQUIREMENTS OF CONTRACT BOND
The successful Bidder, at the time of execution of the Contract, shall furnish and at
all times maintain a satisfactory and sufficient bond in the full amount of the Contract
as required by law with a corporate surety satisfactory to the City. The form of bond
is that required by Statute. Personal sureties will not be approved.
18. FAILURE TO EXECUTE CONTRACTS
Failure to furnish the Contract Bond in a sum equal to the amount of the award, or
to execute the Contract within ten (10) days as specified, shall be just cause for the
annulment of the award and, in the event of the annulment of the award, the
amount of the guaranty deposited with the Proposal shall be retained by the City,
not as a penalty, but as liquidated damages.
19. AWARD OF CONTRACT
If the Contract is to be awarded, the City Council will award the Contract to the
Bidder whose bid is in the best interest of the City. Award will be based on the
Base Bid, plus any bid alternates the City may include.
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CONTRACT NO. 23-19
AGREEMENT FOR
TH 55 WATERMAIN REPAIR AT BASSETT CREEK
PROJECT NO. 23-19
THIS AGREEMENT (this “Agreement”), entered into the 2nd day of April, 2024 between
the City of Golden Valley (the “City”), a municipal corporation, existing under the laws of
the State of Minnesota, and New Look Contracting, Inc. a Corporation under the laws of
the State of Minnesota (“Contractor”).
ARTICLE 1. The Contract Documents. The Contract Documents shall consist of the
Plans and the Specifications along with the fully executed Agreement. “Plans” means
all project plans and drawings including addendums as distributed by the City.
“Specifications” means all documents included in the project manual including, but not
limited to, the following:
the Certification:
• Advertisement for Bids;
• Instructions to Bidders;
• Proposal Form;
• Affidavit of Non-Collusion;
• Acceptance of Liquidated Damage Rate;
• Certificate of Compliance
• Responsible Contractor Certification Form
• Agreement
• Special Conditions
• General Conditions;
• All documents required within any of the documents listed herein including, but
not limited to, all bonds and insurance required.
• Appendix
The Contract Documents also consist of: this Agreement, the Proposal and Bid of the
Contractor, the Contractor’s Bonds, 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
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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
TH 55 Watermain Repair at Bassett Creek (23-19) (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.
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 $283,881.00, 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 $283,881.00
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.
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ARTICLE 7. Payment. All payments to Contractor shall be made payable to the order
of New Look Contracting, Inc. 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
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
Roslyn Harmon, Mayor
BY
Noah Schuchman, Interim City Manager
NEW LOOK CONTRACTING, INC.
BY
ITS
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Bid Tabulation
TH 55 Watermain Repair at Bassett Creek (#8910457)
City of Golden Valley Project No. 23-19
WSB Project No. 023686-000
Bids Received: 03/21/2024 10:00 AM CDT
DENOTES CORRECTED FIGURE
Line #Item #Item Description Units Quantity Unit Price Extension
SECTION A: WATERMAIN IMPROVEMENTS
1 2021.501 MOBILIZATION LS 1 $19,000.00 $19,000.00
2 2104.502 REMOVE HYDRANT EACH 1 $2,500.00 $2,500.00
3 2104.603 ABANDON WATER MAIN L F 865 $10.00 $8,650.00
4 2106.610 EXPLORATORY EXCAVATION HOUR 8 $850.00 $6,800.00
5 2433.601 TEMPORARY STRUCTURAL SUPPORT LS 1 $2,000.00 $2,000.00
6 2503.608 DUCTILE IRON FITTINGS LB 870 $14.00 $12,180.00
7 2504.601 TEMPORARY WATER SERVICE LS 1 $1.00 $1.00
8 2504.602 CONNECT TO EXISTING WATER MAIN EACH 3 $1,750.00 $5,250.00
9 2504.602 CONNECT TO EXISTING WATER SERVICE EACH 1 $1,750.00 $1,750.00
10 2504.602 INSTALL HYDRANT & VALVE EACH 2 $10,000.00 $20,000.00
11 2504.602 FIRE HYDRANT MARKER EACH 1 $75.00 $75.00
12 2504.602 8" GATE VALVE AND BOX EACH 1 $4,000.00 $4,000.00
13 2504.602 12" GATE VALVE & BOX EACH 2 $6,500.00 $13,000.00
14 2504.603 8" WATERMAIN HDPE (DIRECTIONAL DRILLED)L F 205 $115.00 $23,575.00
15 2504.603 14" WATERMAIN HDPE (DIRECTIONAL DRILLED)L F 855 $150.00 $128,250.00
16 2504.603 6" PVC WATERMAIN L F 55 $65.00 $3,575.00
17 2504.603 12" PVC WATERMAIN L F 55 $165.00 $9,075.00
18 2504.603 12" WATERMAIN DUCTILE IRON CL 52 L F 14 $200.00 $2,800.00
19 2519.507 CLSM HIGH DENSITY C Y 30 $475.00 $14,250.00
20 2563.601 TRAFFIC CONTROL LS 1 $2,875.00 $2,875.00
21 2574.508 FERTILIZER TYPE 3 LB 30 $5.00 $150.00
22 2575.504 ROLLED EROSION PREVENTION CATEGORY 20 S Y 750 $4.00 $3,000.00
23 2575.508 SEED MIXTURE 25-131 LB 6 $25.00 $150.00
24 2575.508 SEED MIXTURE 25-141 LB 9 $25.00 $225.00
25 2575.523 WATER MGAL 5 $150.00 $750.00
Base Bid Total:$283,881.00
New Look Contracting, Inc.
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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...................................................................................6
5. CONSTRUCTION CHANGE DIRECTIVES......................................................7
6. FINAL CLEAN-UP............................................................................................7
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
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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
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8. DETERMINATION AND EXTENSION OF CONTRACT TIME FOR
COMPLETION................................................................................................25
9. FAILURE TO COMPLETE WORK ON TIME .................................................25
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......................................................29
7. CLAIMS AND PROTESTS.............................................................................30
8. PAYMENT FOR UNCLASSIFIED AND FORCE ACCOUNT WORK.............32
9. PARTIAL PAYMENTS....................................................................................33
10. FINAL PAYMENT...........................................................................................33
11. CERTIFICATE OF COMPLIANCE OF MINNESOTA WITHHOLDING TAX..34
SECTION IX - MISCELLANEOUS PROVISIONS..........................................................34
1. NONDISCRIMINATION..................................................................................34
2. GOVERNMENT DATA...................................................................................35
3. VENUE AND FORUM. ...................................................................................35
4. COUNTERPARTS..........................................................................................35
5. ELECTRONIC SIGNATURES........................................................................35
6. NOTICES........................................................................................................36
7. SEVERABILITY..............................................................................................36
8. NO WAIVER OF LEGAL RIGHTS..................................................................36
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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
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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
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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.
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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
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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 Engineer’s 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 Engineer’s 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
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not proceed to implement the change in the Work. If Contractor performs the Work
set forth in the Engineer’s 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
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.
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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 Contractor’s
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 Contractor’s 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.
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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 Contractor’s representative on the
job at all times. This representative shall supervise all of Contractor’s workforce,
including its subcontractors, during all phases and in all aspects of the Work. All
orders from the Engineer shall be directed through the superintendent.
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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 Contractor’s 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 Contractor’s 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 Contractor’s 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.
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.
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7. INSPECTION
The Engineer or the Engineer’s 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 Engineer’s services and expenses
made necessary thereby, shall be at Contractor’s 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.
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.
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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 Engineer’s
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 Contractor’s 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 Contractor’s 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
within which proceedings may be commenced to establish Contractor’s liability with
respect to Contractor’s obligations other than specifically to correct the Work.
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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.
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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 Engineer’s 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.
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Contractor and Contractor’s 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 Contractor’s 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
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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 Contractor’s 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 Contractor’s 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
City’s 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
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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 Contractor’s 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 Contractor’s own expense, protect and
restore any public or private property damaged or injured in consequence of any act
or omission on Contractor’s part or on the part of Contractor’s 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
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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 Contractor’s 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
Contractor’s 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.
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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 Contractor’s 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 Contractor’s 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.
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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 Contractor’s 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
Contractor’s 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.
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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
Contractor’s 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 Contractor’s 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 Contractor’s 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 Contractor’s 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) Worker’s Compensation Insurance:
a. Statutory Compensation Coverage:
b. Coverage B – Employer’s 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
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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:
______________.
Contractor’s 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.
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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 Contractor’s 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
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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
Contractor’s employ. The superintendent shall represent Contractor in all matters
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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 Contractor’s 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.
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Upon receipt of Contractor’s 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 Contractor’s 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
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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 Contractor’s 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
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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, Contractor’s 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
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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 Contractor’s 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 Contractor’s bond,
Contractor’s 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 City’s computer aided drafting system shall be used
as the method of measurement.
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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 Contractor’s 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
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.
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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
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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 mediator’s
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.
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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 Contractor’s representative and the Engineer or the Engineer’s
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
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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 Contractor’s 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
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Completion and Final Pay Estimate to the City Finance Director for payment; and (iii)
notify Contractor and Contractor’s 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
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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 person’s 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,
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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 Contractor:To City:
City of Golden Valley
Attn: RJ Kakach
7800 Golden Valley Road
Golden Valley, MN 55427
RKakach@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.
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TABLE OF CONTENTS
SC-i
PAGE
1.GENERAL ............................................................................................................................ 1
2.PROJECT DESCRIPTION ................................................................................................... 1
3.QUALIFICATIONS OF BIDDER ........................................................................................... 1
4.STARTING AND COMPLETION TIME ................................................................................ 1
5.SCHEDULE AND CONSTRUCTION PHASING .................................................................. 2
6.SPECIFICATIONS WHICH APPLY ..................................................................................... 2
7.REFERENCE ....................................................................................................................... 3
8.PRE-CONSTRUCTION CONFERENCE ............................................................................. 3
9.CONSTRUCTION MEETINGS ............................................................................................ 3
10.SUPERVISION OF WORK .................................................................................................. 4
11.EMERGENCY CONTACTS ................................................................................................. 4
12.RESIDENT PROJECT REPRESENTATIVE ........................................................................ 4
13.SITE CONDITIONS .............................................................................................................. 5
14.MAINTENANCE OF EXISTING CITY UTILITIES ................................................................ 5
15.CONSTRUCTION STAKING ............................................................................................... 5
16.QUALITY CONTROL AND QUALITY ASSURANCE TESTING .......................................... 6
17.PROJECT ACCESS AND STAGING AREA ........................................................................ 6
18.UTILITY CONFLICTS .......................................................................................................... 6
19.EASEMENTS AND PERMITS: ............................................................................................ 7
20.NOISE CONTROL ............................................................................................................... 8
21.FINES ................................................................................................................................... 8
22.MEASUREMENT AND PAYMENT ...................................................................................... 8
23.TREE AND LANDSCAPE PRESERVATION ....................................................................... 8
24.RESPONSIBILITY FOR DAMAGE CLAIMS (1714) ............................................................. 9
25.MOBILIZATION (2021) ........................................................................................................ 9
26.REMOVALS AND SALVAGES (2104) ................................................................................. 9
27.EXPLORATORY EXCAVATION (2106) ............................................................................. 10
28.DEWATERING (2106) ....................................................................................................... 10
29.WATER USE ON PROJECT (2130 ................................................................................... 10
30.TEMPORARY STRUCTURAL SUPPORT (2433): .......................................................... 11
31.PIPE BEDDING (2451) ...................................................................................................... 12
32.WATER MAIN CONSTRUCTION (2504 ............................................................................ 12
33.WATER MAIN CONSTRUCTION (DIRECTIONALLY DRILLED ....................................... 13
34.TEMPORARY WATER SYSTEM ....................................................................................... 17
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TABLE OF CONTENTS
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35.FURNISH AND INSTALL HYDRANT (2504) ..................................................................... 18
36.FIRE HYDRANT MARKERS (2504) .................................................................................. 18
37.CONNECT TO EXISTING WATER MAIN (2504) .............................................................. 18
38.GATE VALVE AND BOX (2504) ........................................................................................ 18
39.DUCTILE IRON FITTINGS (2504) ..................................................................................... 19
40.CELULAR CONCRETE GROUT – CONTROLLED LOW STRENGTH MATERIAL (CLSM)
(2519): ................................................................................................................................ 19
41.TRAFFIC CONTROL AND MAINTENANCE (2563) .......................................................... 24
42.SOIL PREPARATION (2574) ............................................................................................. 25
43.ESTABLISHING TURF AND CONTROLLING EROSION (2575) ...................................... 26
44.RESTORATION ................................................................................................................. 27
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SPECIAL CONDITIONS
CITY OF GOLDEN VALLEY
FOR
CITY PROJECT NO. 23-19
TH 55 WATERMAIN REPAIR AT BASSETT CREEK
BID OPENING: March 21, 2024
10:00 am CST
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 replacement of
watermain from Boone Ave N to approximately 280 feet west of Wisconsin Ave N
and the replacement of water service connection to a business (Jersey Mike’s
Subs). The existing watermain will be abandoned and the new watermain will
primarily be directional drilled.
See the Plans for more information on the description of the Work.
3. 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 bidder’s 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 Contractor’s 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 anticipated items of work and value.
4. STARTING AND COMPLETION TIME: Contractor shall furnish all required
bonds and insurance within one (1) week of the award of the Contract by the
Golden Valley City Council. The project is anticipated to be awarded at the April
2, 2024 City Council Meeting. 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 August
31, 2024 (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
June 30, 2025 (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
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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 $500 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, Contractor’s 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.
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.
5. SCHEDULE AND CONSTRUCTION PHASING: Contractor shall schedule its
work to minimize inconvenience to users of the sidewalk along the east side of
Boone Ave and local businesses.
This Work must be completed according to the following phasing requirements.
Contractor shall submit to the Engineer for review and approval, a detailed
critical path phasing plan and schedule a minimum of one (1) week before
the pre-construction conference. The schedule must detail all controlling
operations. The following requirements/operations must be included in this
plan:
Working hours for this project shall be limited to 7:00 a.m. to 7:00 p.m.,
Monday through Saturday, 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.
6. SPECIFICATIONS WHICH APPLY: The Specifications which apply to the Work
shown in the Plans shall be as follows:
A. These Special Conditions.
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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.
7. REFERENCE: All references in the Specifications and Special Conditions to
“MnDOT Specification” are intended to mean the Minnesota Department of
Transportation’s “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.
8. 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 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 Control plan
9. CONSTRUCTION MEETINGS: Contractor shall be required to attend weekly
construction meetings. A decision whether weekly meetings will be conducted
in-person or virtually will be made prior to the start of construction.
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
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The overall project schedule
A written request for any extra work
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, Contractor’s schedule must detail extra
efforts to put the construction back on schedule.
10. 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, and shall act as Contractor’s 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
subcontractor’s superintendent act as the Contractor’s 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 Plans
and as directed by the Engineer. All orders from the Engineer shall be directed to
the Contractor through the Superintendent.
11. 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.
12. RESIDENT PROJECT REPRESENTATIVE: The Engineer shall designate an
Inspector for this project. The Inspector 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
Inspector 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
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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.
13. 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. It
shall include, but not be limited to, providing a dumpster for debris and waste
materials.
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/easements 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.
14. 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.
15. CONSTRUCTION STAKING: The City, or its representative, will set
construction stakes, lines, elevations and grades for this construction as deemed
necessary by the Engineer. The stakes established by the City will constitute the
field control Contractor will use to perform the Work. It will be Contractor’s
responsibility to request any additional staking necessary to perform the Work.
Contractor’s superintendent shall notify the Inspector a minimum of 48 hours in
advance of the need for construction stakes. This advance notification
requirement must be strictly adhered to. No claims for down time or delays in
work due to Contractor’s negligence to request staking as described will be
permitted. Contractor shall be obligated to prepare the entire area to be staked
before requesting staking. Failure to prepare the area to the Engineer’s
satisfaction shall result in staking delays until the area is prepared properly. No
claims for lack of stakes or schedule delays will be considered that are due to not
properly preparing such areas.
Contractor shall be responsible for the preservation of all stakes and marks
established by the City or its consultants. If the Engineer determines that
construction stakes have been carelessly or willfully destroyed or disturbed by
Contractor or by Contractor’s lack of protection of the stakes, the cost of
replacing the stakes will be deducted from monies due Contractor.
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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.
16. 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 in collecting companion
samples in accordance with MnDOT Specifications to verify Contractor’s 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.
17. PROJECT ACCESS AND STAGING AREA: Construction traffic access to the
Project areas shall be limited to City streets, federal, state and county highways
as approved by the Engineer, or as otherwise noted in the plans.
The use of other non-designated routes shall be cause for ticketing. This
requirement shall not waive Contractor’s 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 to be submitted and approved by the City. This
requirement shall not waive Contractor’s 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.
No extra compensation will be allowed for extra construction costs
due to these restrictions.
18. 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
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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 company contacts for this Project are:
MCES – Manking Lee ............................................................... (605.201.8740)
MnDOT Electrical Services – Tyler Monson .............................. (612.505.1482)
CenterPoint Energy – Austin Sowers ........................................ (612.321.5421)
Consolidated Communications – Joni McCabe ......................... (507.317.1411)
Xcel Energy – Dave Fitch .......................................................... (612.344.7023)
Comcast – Lynne ....................................................................... (612.919.0760)
USIC (Locating Services) .......................................................... (800.778.9140)
It is anticipated that some facilities will be in conflict with the Work on this project
that Contractor will be expected to guard and protect these facilities. No claims
for extra compensation to perform the Work in accordance with the Plans
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. (Also see Special Conditions Section 4 with regard to utility
company requirements)
911 SHALL BE CALLED IMMEDIATELY IF ANY UTILITIES ARE DAMAGED
WHICH RESULT IN THE ESCAPE OF ANY FLAMMABLE, TOXIC, OR
CORROSIVE GAS OR LIQUID OR ENDANGERS LIFE, HEALTH, OR
PROERTY.
19. EASEMENTS AND PERMITS: The City shall work to obtain all required
permanent and temporary easements and permits for this project with the
exception of the following:
A. Contractor shall obtain a City of Golden Valley Storm Water Management
Permit and a Right-of-Way Permit from the City and MnDOT. 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.
The City will obtain the following permits:
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A. Erosion and Sediment Control Permit from Bassett Creek Watershed
Management Commission (BCWMC). Contractor shall be required to fulfill all
requirements and provide any bonds required of the permit.
B. Department of Health permit for water main replacement work. Contractor
shall be required to fulfill all requirements of this permit.
20. NOISE CONTROL: The Contractor shall comply with local and state ordinances
on noise abatement.
21. FINES: In the event the Owner is fined by the Minnesota Pollution Control
Agency, Environmental Protection Agency, Minnesota Department of Health, or
any other governmental agency as a result of the Contractor's actions or lack of
actions, the Owner will deduct from payment, due the Contractor, corresponding
amounts to cover the cost of such fines, including the costs of related
engineering and legal fees.
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 after wear
course paving. Should Contractor’s final quantities not be submitted within the
required time, it shall be understood that the City’s 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 the Engineer feels may be impacted by
the construction. Contractor shall meet with the Assistant 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.
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Contractor shall install tree protection fencing, as directed by the Engineer in the
field. The unit price bid per linear 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.
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 1-½” 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.
24. RESPONSIBILITY FOR DAMAGE CLAIMS (1714): The provisions of MnDOT
Specification 1714 are supplemented as follows:
Contractor must have the City of Golden Valley, and WSB, LLC named as
additional insureds on any insurance coverage Contractor is required to
provide.
25. MOBILIZATION (2021): The lump sum for mobilization is to include all aspects
of work in accordance with MnDOT Specification 2021, for the base bid. The
Contractor shall assume multiple mobilizations (incidental) for clearing and
grubbing operations.
26. 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. In no case will removal
items be allowed to remain on the Project overnight 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 Contractor’s expense.
The unit bid price for hydrant removal shall be considered compensation in full to
remove hydrants and store in an area designated by the Engineer for 48 hours to
allow city staff to remove parts from the hydrants before they are removed.
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The unit bid price to remove the gate valve and box shall be considered
compensation in full to remove all sizes of gate valves, including hydrant auxiliary
valves.
Sanitary sewer, storm sewer, and/or watermain pipe that is to be abandoned
shall be filled with a granular or other approved material and plugged watertight.
Filling and capping of the abandoned pipe shall be included in the unit bid price
for abandonment. The Engineer will measure abandonment of pipe by length of
pipe sealed and abandoned as specified.
27. EXPLORATORY EXCAVATION (2106): This shall be measured by hour of
excavation, only as directed by the Engineer, and paid at the unit price bid. The
work shall consist of all work materials and equipment to locate existing
Metropolitan Council forcemains only, including any shoring or access work that
may be required to perform the excavation, backfilling, compaction and
restoration of the disturbed work area. All other public and private utility
excavations shall be by contractor and all costs borne to the contractor.
28. DEWATERING (2106):
This shall be paid for by the lump sum.
The Contractor shall provide groundwater excavation dewatering as necessary to
allow for construction on a stable foundation. The work potentially involves the
drawdown of the water table (using wells or other means), placement of
temporary barriers, or other satisfactory types of water control to allow for
construction and to protect the improvements. Dewatering operations are
controlled by permit from the DNR or other agencies. Dewatering operations
must be in accordance with the MnDOT 2573. Rerouting surface water is not
considered dewatering and is incidental.
The Contractor is responsible for application for any necessary permits and
compliance with all conditions of permits. The Contractor shall also be
responsible for noise control during dewatering as directed by the Engineer.
The Contractor shall make their own determination as to the extent of the
groundwater on the project prior to bidding. No additional compensation
will be made for a higher than expected groundwater table or any
compliance requirements from regulatory agencies.
Dewatering systems and excavations must remain inside construction limits.
29. WATER USE ON PROJECT (2130): Project related water use for compaction,
dust control, seeding, sod, and landscaping 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.
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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 ($1,800.00)
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.
30. TEMPORARY STRUCTURAL SUPPORT (2433):
The provisions of MnDOT 2433 is modified and/or supplemented as follows:
2433.1 DESCRIPTION
Add the following new paragraph to 2433.1:
This work consists of providing temporary support for the Metropolitan Council
wastewater forcemain during watermain construction. The forcemain is to remain
in uninterrupted service during construction.
2433.3 CONSTRUCTION REQUIREMENTS
Add the following new paragraphs to 2433.3:
Provide temporary support of the Metropolitan Council 36” diameter DIP pressure
sewer pipe exposed and undermined during watermain construction. Temporary
support by means of support beam, girder, or other structural support mechanism
is to be designed, detailed and submitted to the Engineer for review with the
Metropolitan Council. A typical support detail is provided in the plans. The
temporary support system will be required to provide necessary support without
damage to the forcemain, accounting for the method of support and loading
created by the temporary support system. Provide support design and details
certified by a licensed Structural Engineer in the State of Minnesota. Design of
the support and pipe will be submitted to the Metropolitan Council for their review
and consideration of approval. All work near the Metropolitan Council forcemain
will require the contractor provide no less than 72-hour notice to the Engineer to
provide sufficient time for a Metropolitan Council Construction Representative to
be on site for this work. Provide a spill response plan to Metropolitan Council for
their review and approval prior to excavation of forcemain. The spill response
plan will include the forcemain and the following as minimum requirements:
a. Materials onsite, including pumps, number of pumper and tanker trucks
b. Staging area for equipment (pumps, trucks, personnel, other equipment)
c. Contractor emergency contacts and their roles during spill response
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The spill response plan is subject to review and approval by the Metropolitan
Council, prior to any work commencing around forcemain.
Add the following new paragraphs to 2433.4:
E. Lump Sum
Temporary Structural Support will be measured by Lump Sum and shall include
all design, labor, materials, equipment, spill response plan, any fees or escrows,
to receive Metropolitan Council design approval, furnish, install and maintain
approved temporary support and emergency response items through the
construction period near the forcemain.
2433.5 BASIS OF PAYMENT
Payment will be made based on the following schedule:
Item No. Item Unit
2433.601 TEMPORARY STRUCTURAL SUPPORT L. S.
31. 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.2) shall be used for bedding material,
and pipe foundation for water main. Granular bedding used for water main shall
be measured and paid for by the ton of granular material furnished and placed.
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.
32. 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 2611, except
as modified below:
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.
Polyvinyl chloride (PVC) pressure pipe 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. All PVC watermain pipe shall
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conform to AWWA C900 (DR 18). Tracer wire shall be installed with all
PVC watermain. Tracer wire shall be incidental to the unit bid price bid for
PVC watermain.
All fittings for watermain shall be mechanical joint, Class 350, Ductile Iron
Compact Fittings in accordance with AWWA C153. Fittings shall be
furnished with fusion bonded epoxy external coating and/or interior lining
in accordance with AWWA C550 and C116, 6 mil to 8 mil nominal
thickness.
All ductile iron pipe (DIP) shall be Class 52 (unless otherwise noted in
plans) and wrapped with polyethylene pipe encasement in accordance
with the manufacturer’s recommendations. The polyethylene for each
pipe shall be overlapped and sealed to keep the water out. The
polyethylene pipe encasement shall conform to AWWA C105/A21.5
(8-mil thickness), Class C (Black), and be in tube form. The polyethylene
pipe encasement shall be considered incidental.
It shall be Contractor’s 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 Engineer’s 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.
33. WATER MAIN CONSTRUCTION (DIRECTIONALLY DRILLED): The provisions
of CEAM 2611, Standard Specifications for Watermain and Service Line
Installation are modified and/or supplemented as follows:
2504.2 – (CEAM 2611.2) MATERIALS
The provisions of CEAM 2611.2 are modified and/or supplemented as follows:
A.1 Polyethylene (PE) Pressure Pipe and Fittings
All HDPE watermain pipe shall conform to AWWA C906 (Pressure Class 200 or
greater). Tracer wire shall be installed with all HDPE watermain and shall be
incidental to the unit price bid for HDPE watermain.
Watermain pipe installed by horizontal directional drilling methods shall be fusible
HDPE (PE 4710).
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Fusible HDPE pipe shall meet the following requirements:
Fusible HDPE pipe shall be blue (Stripe) in color for potable water use and pipe
shall be marked as follows:
1. Nominal pipe size
2. HDPE
3. Dimension Ratio, Standard Dimension Ratio, or Schedule
4. AWWA pressure class
5. AWWA standard designation number
6. NSF-61 mark verifying suitability for potable water service
7. Extrusion production-record code
8. Trademark or trade name
9. Cell Classification 445574C/E or better, and classified as CC3 per ASTM
D3350.
All fittings for watermain shall be mechanical joint, Class 350, Ductile Iron
Compact Fittings in accordance with AWWA C153. Fittings shall be furnished
with fusion bonded epoxy external coating and interior lining in accordance with
AWWA C550 and C116, 6 mil to 8 mil nominal thickness. All fittings shall be fully
encased in polyethylene film of 8 mil minimum nominal thickness or 4 mil high-
density cross-laminated per AWWA C105.
A.2 Tracer Wire Termination Box
Tracer wire termination box shall be SnakePit by Copperhead Industries, LLC,
two-terminal lid, 24” minimum burial height, or Engineer approved equal. Lid
color shall be blue for watermain.
2504.3 – (CEAM 2611.3) CONSTRUCTION REQUIREMENTS
The provisions of CEAM 2611.3 are modified and/or supplemented with the
following:
A.3 Aligning and Fitting of Pipe
Fusible pipe shall be assembled in the field and joined by the thermal butt fusion
method, in accordance with manufacturers procedures. Thermal butt fusion shall
only be performed by manufacturer certified fusion technicians.
The fusion of pipe shall be performed with the following requirements:
Installation guidelines from the pipe supplier shall be followed for all installations.
The fusible pipe will be installed in a manner that does not exceed the
manufacturers recommended bending radius and Safe Pulling Force.
All fusion joints shall be recorded and logged by an electronic monitoring device
(or data logger) connected to the fusion machine.
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Use only the recommended size and outfitted fusion machines that are approved
by the pipe manufacturer.
Fusion machines must incorporate the following elements:
1. HEAT PLATE - Heat plates shall be in good condition with no deep
gouges or scratches. Plates shall be clean and free of any debris or
contamination. Heater controls shall function properly; cord and plug shall
be in good condition. The appropriately sized heat plate shall be capable
of maintaining a uniform and consistent heat profile and temperature for
the size of pipe being fused, per the pipe manufacturer requirements.
2. CARRIAGE – Carriage shall travel smoothly with no binding at less than
50 psi. Jaws shall be in good condition with proper inserts for the pipe size
being fused. Insert pins shall be installed with no interference to carriage
travel.
3. GENERAL MACHINE - Overview of machine body shall yield no obvious
defects, missing parts, or potential safety issues during fusion.
4. DATA LOGGING DEVICE – An approved datalogging device with the
current version of the pipe supplier’s recommended and compatible
software shall be used. Datalogging device operations and maintenance
manual shall always be with the unit. If fusing for extended periods of time,
an independent 110V power source shall be available to extend battery
life.
Other equipment specifically required for the fusion process shall include the
following:
1. Pipe rollers shall be used for support of pipe to either side of the machine
2. A weather protection canopy that allows full machine motion of the heat
plate, fusion assembly and carriage shall be provided for fusion in
inclement, extreme temperatures, and /or windy weather, per the pipe
Manufacturer recommendations.
3. An infrared (IR) pyrometer for checking pipe and heat plate temperatures.
4. Fusion machine operations and maintenance manual shall be kept with
the fusion machine at all times.
5. Facing blades specifically designed for cutting fusible pipe shall be used.
The Contractor is to provide a fusion data logging and joint report containing
fusion data for each fusion joint, recorded and logged by an electronic monitoring
device (data logger) connected to the fusion machine. The fusion data logging
and joint report shall be generated by software developed specifically for the butt-
fusion of fusible polyethylen pipe. The software shall register and/or record the
parameters required by the pipe supplier and these specifications. Data not
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logged by the data logger shall be logged manually and be included in the Fusion
Technician’s joint report.
The Contractor shall provide the following items to the Owner after pipe
installation and after all testing is completed:
1. Approved datalogger device reports
2. Fusion joint documentation containing the following information:
a. Pipe Size and Thickness
b. Machine Size
c. Fusion Technician Identification
d. Job Identification
e. Fusion Joint Number
f. Fusion, Heating, and Drag Pressure Settings
g. Heat Plate Temperature
h. Time Stamp
i. Heating and Cool Down Time of Fusion
j. Ambient Temperature
Prior to directionally drilling the watermain, the Contractor shall submit a
staging plan to the Engineer for review and comment. The plan shall detail
boring pit locations, where pipe will be fused and strung, and any
additional information that is pertinent to the directional drilling operation.
The contractor shall allow at minimum 1 week for review and approval by
the Engineer.
Flange adapters shall be fitted with back-up rings that are pressure rated equal to
or greater than the mating pipe. The back-up ring bore shall be chamfered to
provide clearance to the flange adapter radius. Flange bolts and nuts shall be
Grade 3 or higher.
Drilling Fluids: The Owner does not have a location for disposing of the drilling
fluids used during the directional drilling operation. The Contractor is responsible
for disposal of the drilling fluids.
Testing: The City Observer shall receive at least 24-hour advance notice for all
testing.
Operational Limitations and Requirements: Any dewatering necessary shall be
the responsibility of the Contractor and shall be considered incidental to the
installation of watermain.
Excavations for connections and services shall be subject to the approval of the
Engineer and consistent with other sections of these specifications. The sides of
the trench shall be sloped and/or braced and the trench drained to provide stable
excavation, protect adjacent structures, and permit the pipe to be laid in a dry
trench.
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The trench excavation must conform to all local, state and federal requirements.
All work must be confined to the limits of the construction and to easements or
rights-of-way as indicated on the plans. The Contractor shall install at his
expense shoring, bracing, or other trench support necessary to meet the varying
soil conditions and to protect existing structures and property.
Pipe Bedding and/or Foundation: Piping shall be installed according to the
details for each type of pipe. In areas with poor foundation soils, the trench shall
be over-excavated and backfilled with granular foundation and/or bedding
material as directed by the Engineer. Granular foundation and/or bedding
material, including excavation, shall be incidental to the watermain installation.
Disinfection of Water and Mains: Disinfection procedures, sampling and testing
shall meet current Minnesota Department of Health standards.
Connection to or Interruption of Existing Facilities: Prior to connecting to existing
watermains, the project inspector and City utility supervisor must be notified. Any
property owner who will be affected by the shutting off of water shall be given a
minimum of 24-hour advance notice in writing as to when and for how long
service will be interrupted. Temporary water shutoffs shall not exceed 4 hours in
duration, and shall only occur between the hours of 9:00 AM and 4:00 PM,
Monday through Friday. The Contractor shall at all times coordinate his work
with the Engineer and the City of Golden Valley Public Works Department.
When it is necessary to connect to the existing water system or close existing
portions of the water system due to construction operations, the Contractor shall
discuss that phase of the project with the City Public Works Department 5
working days in advance of the planned starting date to allow the orderly
planning and coordination by the Owner. The Contractor shall provide temporary
water service to all residences and businesses affected by the project.
2504.5 – (CEAM 2611.5) BASIS OF PAYMENT
14” HDPE Watermain (Directional Drilled): Payment shall be at the unit price bid
per linear foot of fusible HDPE watermain installed by directional drilling as
specified and include tracer wire, termination boxes and transition fittings as
necessary to accommodate the ductile iron fittings and pipe. HDPE watermain
shall pipe be DR 11.
8” HDPE Watermain (Directional Drilled): Payment shall be at the unit price bid
per linear foot of fusible HDPE watermain installed by directional drilling as
specified and include tracer wire, termination boxes and transition fittings as
necessary to accommodate the ductile iron fittings and pipe. HDPE watermain
shall pipe be DR 11.
34. TEMPORARY WATER SYSTEM: The lump sum unit price bid for Temporary
Water System shall be considered compensation in full, including but not limited
to piping, fittings, disinfection, testing and demolition, to provide a temporary
water delivery system approved by the Engineer. The water main installation
and temporary water distribution shall be completed in a manner so fire
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protection can be maintained. Contractor shall submit a phasing plan to the City.
In addition, Contractor shall submit to the Engineer for review and approval, a
plan detailing how water will be provided, pipes disinfected and tested, and
removed for the affected residents. The plan must be designed to minimize
pressure and flow losses from the existing supply condition. The temporary
water installation plans shall be submitted to the City two weeks prior to the start
of water main installation. All water main flushing shall be performed by City
staff, and requires a minimum 48-hour advance notice. The Engineer will
cooperate with Contractor to determine the best method for providing the Work.
35. FURNISH AND INSTALL HYDRANT (2504): The unit price bid shall be
considered compensation in full to furnish and install each hydrant in accordance
with CEAM Specifications and the detail in the Plans. The unit price bid shall
also include, but not be limited to, drain rock, plastic wrap, pipe restraints,
disinfection and testing to complete the installation in complete conformance with
such specifications and the Plan detail. Contractor shall be required to restrain
all hydrant fittings beginning from the main. Each hydrant shall have a 6-inch
auxiliary gate valve & box. The 6-inch auxiliary gate valve & box and 6-inch PVC
(C-900) hydrant lead shall be paid for separately under their respective bid items.
For hydrant replacements connecting to an existing water main, the connection
from the new hydrant lead to the existing main shall be considered incidental to
the Furnish & Install Hydrant (2504) item.
36. FIRE HYDRANT MARKERS (2504): The unit price bid for each Fire Hydrant
Marker shall be considered compensation in full for all equipment, materials and
labor to furnish and install complete, in-place as directed by the Engineer.
Hydrant Marker shall be EZ See Hydrant Markers (72610 W-R 10501) with
reflective tape (65’ overall length), or approved equal, and installed in
accordance with the manufacturer’s instructions or as directed by the Engineer.
37. CONNECT TO EXISTING WATER MAIN (2504): The unit price for Connect to
Existing Water Main shall be compensation in full, but not limited to, locating,
excavating, draining down and cutting into the existing pipe. Sleeves, fittings and
pipe required to make the connection will be paid for at their respective unit
prices.
38. GATE VALVE AND BOX (2504): The unit price bid for each size gate valve
shall be considered compensation in full to install the auxiliary and/or mainline
valve complete in-place in accordance with the detail in the Plans and the
following requirements. All 6-inch, 8-inch, and 12-inch valves shall be iron body,
resilient wedge, in accordance with AWWA C509, non-rising stem with O-ring
packing with a working pressure of 150 psi. They must open counterclockwise
and be equipped with mechanical joints and 2-inch square, corrosion-resistant
stainless steel operating nut. They shall also be fusion-bonded, epoxy-coated
and equipped with stainless steel bolts, Type 304, alloy group 1, CW condition
meeting the requirements of ASTM F594 to provide corrosion protection. All
valves shall be installed with size G Tyler #6860 boxes, #6 round base and a
drop lid having the word “WATER” cast thereon. All valves, including but not
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limited to, auxiliary valves shall also be installed with Power Seal™ Model 5000
valve box aligners, or approved equal, to ensure the valve operating nut remains
centered in the valve box. The boxes shall be capable of extending a minimum
of one-foot upward from their initial installed position. Gate valves shall be AVK
with bronze top nut.
All valves within the roadway shall be set to 1/4-inch below the elevation of the
finished pavement surface. Valve elevations shall be verified by the Contractor
within 24 hours prior to wear course paving.
39. DUCTILE IRON FITTINGS (2504): The unit price bid per pound for Ductile Iron
Fittings shall be considered payment in full to install all such fittings complete in-
place in accordance with the Specifications. It shall also include, but not be
limited to, all megalug glands, rods or other restraining devices or corrosion
inhibitors the Engineer deems necessary to restrain or protect such
fittings/restraints. All bolts and nuts used in the construction of water mains on
this project shall be stainless steel or “Core Blue.”
Contractor shall be required to restrain 6-inch and 8-inch fittings a
minimum of 20 feet from all such fittings; 12-inch fittings shall be
restrained a minimum of 40 feet from all such fittings. All fittings on the
hydrant lead shall be restrained back to the tee fitting on the main.
Ductile Iron Fittings shall meet the following requirements:
ANSI/AWWA C153/A21.53, “American National Standard for Ductile
Iron Compact Fittings, 3-inch through 24-inch, and 54-inch through
64-inch for Water Service,”
ANSI/AWWA C111/A21.11, “American National Standard for Rubber
Gasket Joints for Ductile Iron Pressure Pipe and Fittings,”
ANSI/AWWA C116/A21.16, “American National Standard for Protective
Fusion Bonded Epoxy Coatings for the Interior and Exterior Surfaces of
Ductile Iron and Gray Iron Fittings for Water Supply Service.”
Ductile Iron Fittings shall be measured by the pound, in accordance with the
published American National Standard. Joint accessories or restraint shall not
be considered in the weight.
40. CELULAR CONCRETE GROUT – CONTROLLED LOW STRENGTH
MATERIAL (CLSM) (2519):
The provisions of MnDOT 2519 are modified and/or supplemented with the
following:
2519.1 DESCRIPTION
The provisions of MnDOT 2519.1 are modified and/or supplemented with the
following new paragraphs:
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This work consists of placement of flowable fill for utility backfill support, where
backfill compaction requirements cannot be achieved with typical mechanical
compaction methods. CLSM materials are to be used as backfill to support the
Metropolitan Council Environmental Services forcemain.
Flowable Fill (CLSM) is treated with a foaming agent to reduce its density and
used as lightweight flowable fill and lightweight CLSM.
CLSM materials for bedding and backfill material, requiring no compaction, using
portland cement, an approved aggregate, and enough water to allow the material
to freely flow (flowable fill). Normal weight CLSM shall be a standard mix as
produced by a ready-mix concrete supplier, and lightweight CLSM shall be site-
produced by a Specialty Contractor. CLSM shall be self-leveling and self-
compacting.
The following technical references apply to CLSM:
A. American Concrete Institute (ACI):
1. 211.1 Standard Practice for Selecting Proportions for Normal,
Heavyweight and Mass Concrete.
2. 229R Controlled Low-Strength Materials (CLSM).
3. 301 Specifications for Structural Concrete.
B. American Society for Testing and Materials (ASTM):
1. C31 Standard Practice for Making and Curing Concrete Test
Specimens in the Field.
2. C33 Standard Specification for Concrete Aggregates.
3. C94 Standard Specification for Ready-Mixed Concrete.
4. C150 Standard Specification for Portland Cement.
5. C172 Standard Practice for Sampling Freshly Mixed Concrete.
6. C232 Standard Test Methods for Bleeding of Concrete.
7. C403 Standard Test Method for Time of Setting of Concrete
Mixtures by Penetration Resistance.
8. C494 Standard Specification for Chemical Admixtures for Concrete.
9. C495 Standard Test Method for Compressive Strength of
Lightweight Insulating concrete.
10. C869 Standard Specification for Foaming Agents Used in Making
Preformed Foam for Cellular Concrete.
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11. D4832 Standard Test Method for Preparation and Testing of
Controlled Low Strength Material (CLSM) Test Cylinders.
12. D6103 Standard Test Method for Flow Consistency of Controlled
Low Strength Material (CLSM).
The Contractor shall submit the following to the Engineer for review and
approval, prior to ordering materials and at least 14 days prior to performing the
work:
1. CLSM design mix, giving dry weights of cement, saturated surface-
dry weights of aggregate, types, names and percent of admixtures,
air content, and water used per cubic yard CLSM. Include
laboratory test data on 7 and 28 day strengths.
2. Initial and final set times of design mix as determined by ASTM
C403.
3. Submit required experience information for ready mix plant(s)
supplying CLSM.
4. Submit required experience information for Specialty Contractor
supplying lightweight CLSM.
Add the following quality assurance requirements:
1. Ready mix supplier shall have a minimum of two years’ experience
producing CLSM of the type required. Submit list of projects
including quantity, density and strength of CLSM supplied for
similar projects in past two years as proof of experience.
2. Lightweight CLSM production shall be under the direct job site
supervision of a Specialty Contractor with a minimum of two years’
experience producing lightweight CLSM of the density and strength
required. Submit name and experience record of individual
Specialty Contractor. Submitted individual must be present at, and
in direct supervision of all lightweight CLSM placement for the
Work.
2519.2 MATERIALS
The provisions of MnDOT 2519.2 are deleted in its entirety and replaced with the
following:
CLSM materials shall be in accordance with the following:
A Unless otherwise noted, all materials shall comply with requirements of
ACI 229R.
B. Cement – ASTM C150 – Type 1.
C Fine Aggregate: ASTM C33.
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D Admixtures: Certified to be compatible with each other. Admixtures shall
not contain calcium chloride. Admixtures in lightweight CLSM must be
specifically approved in writing by manufacturer of foaming agent.
E Water: Potable, clean and containing less than 100 ppm of
chlorides. Free of any substances deleterious to lightweight CLSM
foaming agent.
F Lightweight Flowable Fill (CLSM) Foaming Agent: ASTM C869.
CLSM MIX DESIGN
A. Consistency - the mixture of cement, aggregate, water and admixture(s)
shall be proportioned to create a flowable slurry with a minimum flow of 8
inches when tested in accordance with ASTM D6103. The mix must be a
homogenous slurry so that the materials do not readily segregate upon
deposition. Bleed water shall be no greater than 10 percent of the mixing
water as measured by Method A of ASTM C232.
B. Proportioning and Design of CLSM mixes. Field experience test data or
laboratory test batches prepared in accordance with ACI 211.1 and ACI
301.
C. Set time - the mix will be proportioned that it will have a minimum of 500
psi penetration resistance in four hours as measured by ASTM C403.
D. Flowable Fill (CLSM) – normal weight:
1. Excavatable by machine
2. 28-day compressive strength: 100 psi
3. Minimum compressive strength at 3 days: 20 psi
4. Maximum compressive strength at 180 days: 150 psi
5. Density: 110 to 145 pcf
6. Preparation and testing of cylinders shall be in accordance with
ASTM D4832.
E. Normal weight CLSM shall be provided by ready mix industry and shall
comply with ASTM C94.
F. Lightweight CLSM shall be job-site produced by adding foaming agent to
ready-mixed cement-based slurry.
G. Sufficient mixing capacity shall be provided to permit the CLSM to be
placed without interruption. The mixer drum shall be completely emptied
prior to the initial batch of CLSM to ensure that no additional cement fines
are incorporated into the mix.
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2519.3 CONSTRUCTION REQUIREMENTS
The provisions of MnDOT 2519.3 are deleted in its entirety and replaced with the
following:
CLSM PLACEMENT PROCEDURES
A. Deposit CLSM by ready mix truck, pump, or other approved method by
continuous discharging material in the space to be filled.
B. Where used to backfill the trench above the pipe, delay placement of
base or other fill as directed by the Engineer, until CLSM has gained
sufficient strength to support the next layer to be placed.
C. For all piping located under paved areas, place CLSM from the bedding
surface thru the pipe zone to the street subgrade elevation.
D. Excess excavated materials shall become the property of the Contractor
and hauled off site for disposal.
E Where CLSM is specified for bedding piping or lightweight ducts,
placement will be required in stages to prevent uplift of the pipe or
duct. The first stage placement shall stop at one fourth the diameter of the
pipe or duct. After setting of the first lift as determined by the Engineer,
the second stage placement shall stop at mid-height of the pipe or
duct. After consolidation (setting) of the second lift the remainder of the
trench shall be filled in one operation.
LIMITATION OF OPERATIONS
A. CLSM shall not be placed on frozen ground. Mixing and placing may
begin only if the air temperature is at least 35 degrees F and rising. At
time of placement, CLSM shall have a temperature of at least 40 degrees
F. Mixing and placing shall stop when the air temperature is 40
degrees F and falling.
FIELD QUALITY CONTROL
A. Provide adequate facilities for safe storage and proper curing of CSLM
test cylinders onsite for first 24 hours, and for additional time as may be
required before transporting to test lab.
B. Provide CSLM for test cylinders from the point of discharge into
forms. When CSLM is pumped, samples used shall be taken from
discharge end of pump hose.
C. Contractor shall schedule testing with the Engineer.
1 Normal weight CSLM: Cylinders shall be made in field and tested
in laboratory in accordance with ASTM D4832.
2. Lightweight CLSM: Test per ASTM C495.
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3. Test 4 specimens for every 100 cubic yards of CLSM.
D. Strength level of CLSM will be considered satisfactory if average 28-day
strength test results are within the strength range specified and 3 day
strength is at least 20 psi.
2519.4 METHOD OFMEASUREMENT
Delete MnDOT 2519.4 in its entirety and add the following new paragraph:
Measurement will be made per cubic yard of consolidated CLSM material
placed.
2557.5 BASIS OF PAYMENT
Delete MnDOT 2519.5 in its entirety and add the following new paragraph:
Payment for CLSM will be made per cubic yards and shall include all labor,
materials, equipment necessary to design, haul, form, fill, place and stage CLSM
as specified.
Payment will be made based on the following schedule:
Item No. Item Unit
2519.507 CLSM HIGH DENSITY C Y
41. TRAFFIC CONTROL AND MAINTENANCE (2563): Contractor shall maintain
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 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 castings, 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 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. All requirements for
drainage and access herein shall apply to this work also. It shall also be
Contractor’s responsibility to handle all such salvaged material in a way to
prevent segregation and/or contamination of all salvaged materials.
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SC-25
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 except during Work related excavations, and concrete placement
and curing. It is anticipated that parking will need to be restricted to one side of
the street during construction. Contractor shall be responsible under this item
for providing and installing temporary parking restriction signing as
directed by the Engineer.
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 resident’s 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.
42. SOIL PREPARATION (2574): This Work consists of providing temporary
shaping and grading, and preparing the soil for permanent turf establishment to
reduce the risk of soil erosion. Temporary shaping and grading includes directing
water flow and breaking up soil fine enough to install temporary erosion control
Materials. Preparing the soil for permanent turf includes soil tilling and soil
additives.
2504.2 – MATERIALS
Fertilizer Type 3.
2504.3 – CONSTRUCTION REQUIREMENTS
Prepare the soil to minimize soil erosion and to provide a media for plant and root
establishment. Perform soil preparation operations for permanent seed and sod
and for temporary conditions.
2504.4 – METHOD OF MEASUREMENT
The Engineer will measure fertilizer by the weight of each type applied. If the
Contractor provides fertilizer with different type than as shown on the Plans, the
Engineer will adjust the application rate of the fertilizer provided to meet the
equivalent type proportions of the fertilizer shown on the Plans.
2504.5 – BASIS OF PAYMENT
Soil preparation will include the Material and installation as required by the
Contract to complete the Work and shall be incidental to the Work.
197
SC-26
43. ESTABLISHING TURF AND CONTROLLING EROSION (2575): All disturbed
areas within the project shall be either seeded or sodded to an equal or better
condition to that which was in place prior to construction and as directed by the
Engineer. All exposed areas of the site shall receive seed and mulch, sod or
rolled erosion prevention product within two weeks. Restoration may include
areas outside of the construction limits as determined by the Engineer.
2504.2 – MATERIALS
Seed Mixture 25-131.
Seed Mixture 25-141.
Rolled Erosion Prevention Category 20.
Water
2504.3 – CONSTRUCTION REQUIREMENTS
Minimize soil erosion and prevent damage from sedimentation by using the Best
Management Practices (BMP) to cover bare soils in temporary and permanent
conditions. Use temporary erosion control BMPs, including limiting the amount of
exposed erodible soils and providing for proper exposed soil stabilization for
slopes, ditches, storm drain and Culvert outlets, and storm water discharge
points from erosion. Use permanent erosion control BMPs to provide the final
stabilization of exposed slopes. Properly prepare soils in accordance to 2574,
“Soil Preparation”.
Plant seed mixtures during the seasons of planting for the various seed mixtures
in accordance with Table 2575.3-1.
Shape and prepare the site according to 2574, “Soil Preparation.” Provide
Permanent rolled erosion prevention products meeting the requirements of the
categories as shown on the Plans.
MAINTENANCE:
Maintain the product installation for 45 Calendar Days if required by the Contract
or if substituting product and seed for sod, as approved by the Engineer. Water
the blankets and mat systems immediately after placement at a metered
application rate of at least 3000 gallons per acre and thereafter as needed to
furnish appropriate vegetation. Control erosion and establish a permanent
vegetative cover as approved by the Engineer until Contract acceptance. Restore
areas with seeding failure or erosion during the maintenance period at no
additional cost to the Owner.
Repair damage within the area caused by Contractor operations and within the
Contractor’s control at no expense to the Owner. Reseed areas where the
original seed has failed to grow, as directed by the Engineer.
198
SC-27
2504.4 – METHOD OF MEASUREMENT
Measure seeding by the area seeded, regardless of the seed mixture or quantity
of seed used, and regardless of whether the seed was furnished by the
Contractor or the Owner. Areas reseeded by order of the Engineer, after the
original seeding of the area was accepted, will be measured, and added to the
area originally seeded.
The Engineer will measure each Rolled Erosion Prevention Category separately
by the square yard of area covered. The Engineer will measure Category 20 by
the square yard of surface area covered and cured in place. The Engineer will
measure the seed and fertilizer separately. The Engineer will measure any soil or
soil amendments installed before placement of rolled erosion prevention products
separately.
Measure water used by volume for turf establishment of seeded or sodded areas.
2504.5 – BASIS OF PAYMENT
The Owner will pay for seed by the PLS weight of each mixture or species
measured.
The Owner will pay for rolled erosion prevention product by the square yard.
Portions of rolled erosion prevention product covered by overlap along the seams
or buried in trenches or check slots are included in the Contract Unit Price.
Portions of rolled erosion prevention product folded over as blanket checks are
paid for by the square yard of Rolled erosion prevention, Category 20. Soil,
compost, or organic fiber matrix applied on top of Soil filled products are included
in the Contract Unit Price.
44. RESTORATION: Contractor shall restore all adjoining properties to the
Engineer’s satisfaction. Contractor shall work with adjoining property owners and
the City in protecting and minimizing any damage to adjoining landscaping,
sprinkler systems, invisible pet fencing or other property. Indiscriminate damage
to such systems shall obligate Contractor to replace such systems at its cost.
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TH 55 WATERMAIN REPAIR AT BASSETT CREEK APPENDIX A
CITY PROJECT NO. 23-19
CITY OF GOLDEN VALLEY, MN
WSB PROJECT NO. 023686-000
APPENDIX A
AWWA C153 COMPACT FITTING WEIGHTS
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202
Size 90°45°22 1/2°11 1/4°
4"25 22 18 16
6"39 32 31 30 NOTE:
8"57 46 46 42 DO NOT use 90° bends.
10"89 70 64 58 Use (2) 45° bends.
12"108 86 80 67
14"210 160 136 93
16"264 202 172 148
18"335 250 255 205
20"400 305 310 245
24"565 405 412 315
Size 4"6"8"10"12"14"16"18"20"24"
4"32
6"46 56
8"60 72 86
10"78 90 105 120
12"94 110 125 140 160
14"172 182 206 228 234 280
16"228 248 264 280 316 322
18"275 295 315 335 380 405 435
20"315 345 370 395 440 465 505 535
24"415 445 470 500 550 580 625 660 720
Size 4"6"8"10"12"14"16"18"20"24"
4"40
6"68 75
8"90 108 105
10"98 118 138 145
12"100 140 162 190 213
14"162 181 259 223 244 299
16"250 289 345 397 333 385
18"260 282 308 384 630
20"306 341 370 392 451 634 547 605
24"403 431 465 494 553 714 809 830
Size 4"6"8"10"12"14"16"18"20"24"
6"32
8"43 54
10"61 64 62
12"82 85 82 82
14"108 104 100 100
16"136 132 128 125 140
18"194 196 185 190 190 196
20"225 210 208 225 233
24"310 315 324 312 315
Size Short Long Size Size
4"17 20 4"9 4"10
6"28 33 6"15 6"16
8"38 46 8"22 8"26
10"49 62 10"32 10"36
12"56 76 12"42 12"46
14"111 140 14"66 14"75
16"123 170 16"92 16"95
18"160 200 18"114 18"121
20"195 255 20"125 20"135
24"225 335 24"166 24"175
CAPS (MJ) FLAT PLUGS (MJ) FLAT
Ductile Iron Mechanical Joint Compact Fittings
Weight in Pounds per AWWA C153
BENDS (MJ-MJ)
TEES (MJ-MJ)
CROSSES (MJ-MJ)
REDUCERS (MJ-MJ)
SOLID SLEEVES (MJ)
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TH 55 WATERMAIN REPAIR AT BASSETT CREEK APPENDIX B
CITY PROJECT NO. 23-19
CITY OF GOLDEN VALLEY, MN
WSB PROJECT NO. 023686-000
APPENDIX B
ONLINE BIDDING INSTRUCTIONS
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Quest Construction Data Network
VirtuBid™ Online Bidding User Guide
Contact Support – 952-233-1632
Support@QuestCDN.com
Welcome to VirtuBid™ with the Quest Construction Data Network! VirtuBid™ (vBid™) is a state‐of‐the‐art
electronic bidding service that benefits the bidder by allowing more time for last minute price adjustments.
Bidders can now submit their numbers and forms within seconds of bid closing to ensure the most
competitive bids, simply by the push of a button.
What is the ‘Online Bid ID Code’ and where can I find it on QuestCDN?.................................................... 3
VirtuBid™ (vBid) Online Bidding............................................................................................................... 5
Create an Online Bid ID Code ................................................................................................................. 5
Online Bid ID Code Explanation .............................................................................................................. 5
Accessing Online Bidding ........................................................................................................................ 5
VirtuBid™ (vBid) Home Page .................................................................................................................... 7
VirtuBid™ (vBid) ...................................................................................................................................... 8
Qualification Information .......................................................................................................................................... 8
Bid Bond Section ..................................................................................................................................... 8
Electronic Bid Bond............................................................................................................................. 8
Surety2000 Bid Bond .......................................................................................................................... 8
‘Bidder must download the following files for bid submission’ (DOWNLOAD ONLY) ........................... 9
‘Bidder must download, complete, and submit (or replace) the following files for bid submission.’ ... 9
‘Bidder must upload the following files for bid submission’ ................................................................ 10
Post Letting Information ....................................................................................................................... 11
Download Addenda .............................................................................................................................. 11
Bid Worksheet Page .............................................................................................................................. 12
Worksheet Sections .............................................................................................................................. 12
Import & Export CSV ......................................................................................................................... 13
Bid Submission & On-Line Bid ID Code ................................................................................................... 13
Submit the Bid ......................................................................................................................................................... 13
What is the ‘Online Bid ID Code’ and where can I find it on QuestCDN? ........................................ 14
Incorrect Online Bid ID Code ............................................................................................................ 15
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Unsuccessful Bid Submission Error Messages .................................................................................. 15
Examples of Error Messages ............................................................................................................. 15
Bid Submitted .......................................................................................................................................................... 16
Making Changes After Successful Bid Submission ........................................................................... 17
Changing Prices ................................................................................................................................. 17
Un-submit Bid ................................................................................................................................... 17
Unsubmit Bid ........................................................................................................................................................... 18
Transactions & Receipts ........................................................................................................................ 18
Resources .............................................................................................................................................. 18
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YOU MUST CREATE YOUR ‘ONLINE BID ID CODE’ BEFORE ACCESSING ONLINE BIDDING.
Prior to participating in Online Bidding, be sure to set up your company’s ‘Online Bid ID Code’. Your ‘Online
Bid ID Code’ is your digital signature. You may also need to update your QuestCDN password to higher
security if needed (Online Bidding new password minimum is 8 characters with one uppercase, one
lowercase and one numeral).
Updating passwords and creating an ‘Online Bid ID Code’ can only be done by the main
account holder.
What is the ‘Online Bid ID Code’ and where can I find it on QuestCDN?
The ‘Online Bid ID Code’ is a passcode required at bid submission and is the digital signature for the
company. The code is created by the main account holder before account users can access VirtuBid™. The
code can be accessed, viewed or updated by logging into QuestCDN with the main account holder
username and password.
Make sure to write down the code or obtain the code from the main account holder
before submitting a bid.
FINDING THE COMPANY ONLINE BID ID CODE
There are two ways to access the ’Online Bid ID Code’.
1. A link to access the code is located on the bid submission page. (Illustration 1.) Click ‘My
Account’ on the submission page of VirtuBid™. A new browser window will open. Sign into
QuestCDN using the main account holder username and password. Under the ‘User Info &
Online Bid ID Code’ tab, (Illustration 2) click the eye icon to view an existing code. Click the
VirtuBid™ opened browser tab to go back to the online bid submission window. Enter the
code, check ‘I Agree’ and click ‘Submit’
Only the main account holder username and password can access the ‘Online Bid ID Code’.
A link to access the code is located on the bid submission page.
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Log
into
2.QuestCDN using the main account holder username and password, click ‘My Account’ at the
top of the page. Select ‘User Info & Online Bid ID Code’ tab and click the eye icon to view or
edit an existing code (Illustration 2.)
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VirtuBid™ (vBid) Online Bidding
Create an Online Bid ID Code
Log into QuestCDN at https://questcdn.com/auth/login. Click ‘My Account’ at the top of the page. Click the
‘User Info & Online Bid ID Code’ tab. Add or update your ‘Online Bid ID Code’. Click the eye icon symbol to
view the code when black dots are populated in the fields. (Only the QuestCDN main account holder can
access ‘My Account’ and update/view the code).
Online Bid ID Code Explanation
The ‘Online Bid ID Code’ is a passcode and acts as your digital signature. It is required to submit an online
bid through the QuestCDN online bidding system, VirtuBid™.
•An ‘Online Bid ID Code’ must be created before users can access VirtuBid™. The
code is established, modified and viewable by QuestCDN main account holder.
•This code is the digital signature that allows submission of a bid on behalf of the
company. QuestCDN does not have access to codes for security purposes.
•The code is found in ‘My Account,’ in the ‘User Info & Online Bid ID Code’ tab.
QuestCDN also provides a link to ‘My Account’ located in the ‘Submit Bid’ page
within VirtuBid™ to retrieve the ‘Online Bid ID Code’.
•The VirtuBid™ login page may prompt to update the current QuestCDN password
due to higher security. (Online Bidding new password minimum is 8 characters with
at least one uppercase, one lowercase and one numeral).
•The VirtuBid™ login page will prompt a message if a code is not created.
Accessing Online Bidding
There are two ways to access QuestCDN online bidding:
1.Online bidding through the bid posting page
Enter project number and click the search button. To submit an electronic bid and access
the VirtuBid™ system, companies must be a plan holder. Download the eBidDoc™ from
the bid posting page. On the ‘Bid Posting’ page, click the red Online Bidding ‘Availa ble’
button under the ‘Project Document Information’ section or the ‘Online Bid’ button at
the top of the page and log into VirtuBid™ (vBid) using your username and password. A
password update may be required due to security requirements (the password must
contain a minimum of 8 characters with one uppercase, one lowercase and one numeral.
If needed, go to ‘My Account’ and ‘User Info & Online Bid ID Code’ to update the
password.)
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2.Online bidding through the VirtuBid home page
Current and past electronic bid postings (eBidDoc™ that has been downloaded) will
display on this page. Click ‘Online Bidding’ from the main navigation to log into
VirtuBid™ (vBid) home page to access online bids. Log in using the QuestCDN username
and password. A password update may be required due to security requirements (the
password must contain a minimum of 8 characters with one uppercase, one lowe rcase
and one numeral. If needed, go to ‘My Account’ and ‘User Info & Online Bid ID Code’ to
update the password.)
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VirtuBid™ (vBid) Home Page
The VirtuBid™ (vBid) home page is grouped by searchable sections. Current and past bid opportunities are
located on the page. Qualification and bid worksheet information is sorted and saved by section for future
reference. Click the +/- to expand/contract the section lists. Click the underlined project name to access the
qualification, bid worksheet and submit pages.
1.‘Bids Started’
2.‘Bids Available’
3.‘Bids Submitted’
4.‘Bids Closed (Bid submitted)’
5.‘Bids Closed (No bid submitted)’
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VirtuBid™ (vBid)
Bid title, QuestCDN eBidDoc™ number, owner, solicitor, bid closing date, time, time zone, a running bid
countdown date/time clock and submitted/not submitted bid status are located at the top of VirtuBid™.
The ‘Home’ tab returns to the VirtuBid™ home page. Click the save button periodically to save work and
refresh the page. There is a 60-minute security time out. Information not saved will be lost. All uploaded
and entered information will be saved. Log out of VirtuBid and re-enter as many times as needed to revise
the work.
Qualification Information
Bid Bond Section
Upload a completed bid bond file and/or enter the Surety 2000 ‘Bond id’ number to complete the bid
bond information. (This information depends on the solicitor requirements.) Submit only one if both
options are offered.
Electronic Bid Bond
•Upload file containing signed bid bond information
Surety2000 Bid Bond
•‘Contract Number’ (QuestCDN eBidDoc™ number)
•‘Contractor ID’ (QuestCDN member number)
Provide the ‘Contract number’ and ‘Contractor id’ to the insurance agency. The agent must use
these two numbers when requesting a Surety2000 ‘Bond Id’ validation number. The ‘Contractor id’
(Surety2000 refers to this as the “State vendor ID number”) is the QuestCDN member number and
will always stay the same. The ‘Contract number’ will change with each project and is the QuestCDN
bid posting eBidDoc™ No. Both the ‘Contract number’ and ‘Contractor id’ are displayed in the Bid
Bond fields. The contractor number can also be found in ‘My Account’ under the ‘Company Info &
Online Bid ID’ tab.
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‘Bidder must download the following files for bid submission’ (DOWNLOAD ONLY)
Each required download has a file name and download link. Download all documents listed by clicking the
‘download’ link. Save the document. Click VirtuBid™ ‘Save’ button on the top or bottom right of the page to
update and refresh the information. A red ‘x’ indicates the requirement is not complete. Files may be
downloaded and saved multiple times.
The downloaded date of the file will display after downloading the documents and refreshing the page. A
green check mark ‘’ replaces the previous red x. The green check indicates the requirement has been
completed.
‘Bidder must download, complete, and submit (or replace) the following files for bid submission.’
Click the ‘download’ link to download each document. Save the document to the computer. A red ‘x’
indicates the requirement is not complete. Click the VirtuBid™ ‘Save’ button on the top or bottom right of
the page to update the page with the downloaded date. If the file is in a fillable format, complete all
information and save each document to your computer. If the file is not in a fillable format, print and
complete the forms manually. Scan and save documents to the computer. Select ‘Choose File/Browse’
button to retrieve each file from the computer. Select the ‘Upload’ button to upload the file. Click the
VirtuBid™ ‘Save’ button. Exit VirtuBid™ after saving the completed work. All information will be saved upon
return. Note: If needed, click ‘Choose File/Browse’ to retrieve a new file that replaces the existing
uploaded file.
•Completed Upload - The name of the uploaded document is displayed on the right side of
the ‘Upload’ button. A green check mark ‘’ indicates the process has been successfully
completed. (Arrow A)
•Download File – ‘downloading required then click vBid Save’ message indicates the file is not
downloaded. Download, complete and upload the completed file before submitting a bid. A
red x will indicate the process is incomplete. (Arrow C)
•Downloaded Date - Downloaded date of the documents is shown on the right side of the
‘Upload’ button. Upload the completed file before submitting a bid. A red x indicates the
process is incomplete. (Arrow B)
•Check or Replace File – Click the uploaded underlined document name to review uploaded
documents for accuracy and completion. Click ‘Choose File/Browse’ to retrieve a new file
that replaces the existing uploaded file. Select ‘Upload’ to upload the replacement file and
click ‘Save’. (Arrow A)
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‘Bidder must upload the following files for bid submission’
Select ‘Choose File/Browse’ button to retrieve and attach a required file from the computer. Select the
‘Upload’ button to upload the file. Click the VirtuBid™ ‘Save’ button on the top or bottom right of the page.
All information will be saved upon exiting the VirtuBid™ system. Click the uploaded underlined document
to review the file for accuracy and completion. If needed, click ‘Choose File/Browse’ to retrieve a new file
that replaces the existing uploaded file. Select ‘Upload’ to upload a replacement file and click VirtuBid™
‘Save’. A red ‘x’ indicates the requirement is not complete. . A green check mark ‘’ indicates the
requirement has been successfully completed.
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Post Letting Information
Post letting information allows submission of documents requested after the bid close and is similar to the
sections above. There may be a post letting ‘Deadline’ date and time entered. All documents must be
uploaded before the date/time expires. A red ‘x’ indicates the requirement is not complete. A green check
mark ‘’ indicates the requirement has been successfully completed. There is no submit process required
upon completion of the upload. Documents are available to the solicitor/owner immediately. Submitting
post letting documents after the bid close is not allowed if a successful bid was not submitted.
Download Addenda
Bids will not be submitted if all addenda are not downloaded from the main QuestCDN system. A field on
the qualification page indicates ‘There are (#) unread addenda for this project. Follow ‘this link’ to
download them on QuestCDN’. (opens new window)’.
6.Click ‘this link’ to open/return to the bid posting page and download any missed addenda.
7.Download all addenda and review the information if unsure of missed addendum to
download.
8.Choose the VirtuBid™ open browser tab. May need to refresh/reload the page to update
the addenda information. To refresh/reload the page, click the refresh icon symbol at the
top of the browser or right click the mouse and choose ‘reload’/‘refresh’ option from the
drop-down box. The VirtuBid™ qualification page will update and read ‘All Addenda have
been downloaded’.
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Bid Worksheet Page
Click the Bid Worksheet tab to access the electronic bid form.
Worksheet Sections
1.White colored sections are added to the base bid total, have a subsection total and
require a unit price entry for each item before submitting.
2.Pink colored sections are optional, have a subsection total and completion may or may
not be mandatory to submit a bid (please follow the instructions specified by the
solicitor/owner). Items in this section will not add to the base bid total.
3.Peach colored sections are mandatory, have a subsection total and completion is required
to submit a bid. Items in this section will not add to the base bid total.
4.Purple colored sections have a fixed unit price added by the solicitor/owner. Unit prices
cannot be changed and are added to or subtracted from the base bid total.
5.Click the appropriate unit price field within the line item. Fill in the unit price excluding the
dollar sign. The ‘Unit Price’ field will only display two digits after the decimal point. The
‘Extension’ field is calculated using the entered value (example - Qty 20 x unit price 2.558 =
Extension = 51.16). Use the enter key, up/down arrows or click each unit price field to move
to the next unit price field.
6.vBid will time out and log out after 60 minutes. Click the ‘Save’ button often to update and
save the work.
7.Click ‘Submit Bid’ once the qualification requirements and bid worksheet page are complete.
(The ‘Online Bid ID Code’ is required. Accept the terms on the submit page to submit the bid
to the owner.)
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Import & Export CSV
1.The ‘Export to CSV’ button is used to export the bid worksheet into an Excel CSV
spreadsheet which can be helpful to configure additional calculations, formulas and
percentage markups on unit prices.
2.The ‘Import from CSV’ button is used to import the Excel CSV spreadsheet into the bid
worksheet.
** Changes are allowed only to the ‘Unit Price’ field. DO NOT add or make changes to the header,
descriptions or move/add/delete line items on the exported worksheet. The spreadsheet will fail to
upload correctly if changes are made causing the system to error on bid submission or the bid may be
incorrect.
Bid Submission & On-Line Bid ID Code
Submit the Bid
Click the ‘Submit Bid’ button and enter the ‘Online Bid ID Code’. Check ‘I Agree’ box to accept the
‘QuestCDN Terms of Use for Bidders’. Click ‘Submit’ button at the bottom of the page to submit the
bid to the owner/solicitor.
1.There is an opton to unsubmit or remove a bid in its entirety (all data will remain saved). Re -submit
bid before the end of the bid closing.
2.Leave bid submitted, revise the bid worksheet and re-submit the revisions.
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What is the ‘Online Bid ID Code’ and where can I find it on QuestCDN?
The ‘Online Bid ID Code’ is a passcode required at bid submission and is the digital signature for the
company. The code is created by the main account holder before account users can access VirtuBid™. The
code can be accessed, viewed or updated by logging into QuestCDN with the main account holder
username and password. There are two ways to access the ’Online Bid ID Code’.
1.Only the main account holder username and password can access the ‘Online Bid ID Code’. A
link to access the code is located on the bid submission page. Click ‘My Account’ and a new
browser window will open. Sign into QuestCDN using the main account holder username and
password. Under the ‘User Info & Online Bid ID Code’ tab, click the eye icon to view an
existing code. Click the VirtuBid™ open browser tab to go back to the online bid submission
window. Enter the code, check ‘I Agree’ and click ‘Submit’ (Illustration 1.)
2.Log into QuestCDN using the main account holder username and password, click ‘My
Account’ at the top of the page. Select ‘User Info & Online Bid ID Code’ tab and click the eye
icon to view or edit an existing code (Illustration 2.)
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Incorrect Online Bid ID Code
A correct ‘Online Bid ID Code’ must be entered before the VirtuBid™ system can verify completion of
requirements. When a correct code is entered and required fields are complete, the bid will be submitted
to the owner/solicitor. If an incorrect code is entered, an ‘Alert’ error window will display ‘The Online Bid ID
code that you have entered is incorrect’. Retype a correct code, click ‘I Agree’ and click ‘Submit’. To retrieve
the code, click ‘My Account’ and a new browser window will open. Sign into QuestCDN using the main
account holder username and password. Under the ‘User Info & Online Bid ID Code’ tab, click the eye icon
to view an existing code. Click the VirtuBid™ open browser tab to go back to the online bid submission
window. Enter the code, check ‘I Agree’ and click ‘Submit’ (Illustration 1.)
Unsuccessful Bid Submission Error Messages
The VirtuBid™ system verifies the completion of bid requirements after the ‘Online Bid ID Code’ is
accepted. ‘Bid Not Submitted’ error message(s) will display if information is missing or incomplete.
Examples of Error Messages
•Required bid bond has not been entered
•Required addenda have not been downloaded
•Requirement has not been completed (qualification area not complete)
•Item unit price is missing
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Bid Submitted
Successfully Submitted Bid
A message displaying ‘Bid Submitted by’ (with date/ time and username stamp (shown in red) will display.
A bid submitted confirmation message receipt is sent to the individual’s ‘Message Center’ on QuestCDN.
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Making Changes After Successful Bid Submission
The owner/solicitor does not have access to the bid information until after the bid closes.
Qualification requirements and the bid worksheet can be revised before the bid clock closes.
Changing Prices
Make changes while the original bid is submitted. Resubmit bid as many times as needed before the bid
closes.
From the ‘Bid Worksheet’ tab select ‘Edit Worksheet’ button to revise unit prices. Enter revised unit prices
under the populated ‘Edited’ column. When completed, select ‘Submit Bid’, enter On line Bid Id code, check
‘I agree’ and ‘Submit’. The owner/solicitor of the project will receive the last bid submission with the
revised unit prices. The changes will not be updated if the bid is not resubmitted.
Un-submit Bid
Click ‘Unsubmit Bid’ to remove bid in
its entirety (all data entered will
remain saved.) Make changes to the
qualification and/or bid worksheet
page. Re-submit bid before the end of
the bid closing. The bid will not be
received by the owner/solicitor if the
bid is not resubmitted.
A ’Bid Unsubmitted’ email is sent to
223
18
Unsubmit Bid
Click ‘Unsubmit Bid’ to remove bid in its entirety (all data entered will remain saved.) Make changes to the
qualification and/or bid worksheet page. Re-submit bid before the end of the bid closing. The bid will not
be received by the owner/solicitor if the bid is not resubmitted.
A ’Bid Unsubmitted’ email is sent to the individual’s email address and a confirmation message is sent to
the individuals ‘Message Center’.
Example Bid Unsubmitted by user.
BID UNSUBMITTED
Dear ____________
This message is sent to notify you that you UNSUBMITTED your bid for 7638906 eBidDoc number vBid User Guides.
at 5/18/21 2:33PM CDT
You must resubmit our bid before the bid close date for it to be available at the bid letting.
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Click on the question name to open the field and view the answer. Click ‘Support@QuestCDN’ link to
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to access and download information.
224
TH 55 WATERMAIN REPAIR AT BASSETT CREEK APPENDIX C
CITY PROJECT NO. 23-19
CITY OF GOLDEN VALLEY, MN
WSB PROJECT NO. 023686-000
APPENDIX C
METROPOLITAN COUNCIL FORCEMAIN ASBUILTS AND DETAILS
225
226
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p.3 230
WETWETWETWETK:\023686-000\Cad\Plan\023686-000-C-TITL-PLAN.dwg 1/4/2024 2:26:28 PMTH 55 WATERMAIN REPAIR AT BASSETT CREEK
CITY OF GOLDEN VALLEY
WATERMAIN IMPROVEMENT CONSTRUCTION PLAN FOR
LOCATED ALONG HIGHWAY 55 FROM BOONE AVE N TO WISCONSIN AVE N
PROJECT LOCATION MAP
F
G
EXISTING PLAN SYMBOLS
PROPERTY LINES/RIGHT-OF-WAY
UTILITY EASEMENT
TREE LINE
SIGN
DECIDUOUS TREE
SHRUB
CONIFEROUS TREE
EXISTING UTILITY SYMBOLS
FIBER OPTIC LINE
GAS LINE
COMMUNICATIONS PEDESTAL
POWER POLE
ELECTRIC BOX
CATCH BASIN
STORM APRON
CCOMMUNICATION LINE
EELECTRIC POWER LINE
||WATER MAIN
>
>>
SANITARY SEWER
STORM SEWER
GATE VALVE
HYDRANT
SANITARY SEWER MANHOLE
STORM SEWER MANHOLE
COUNTY:HENNEPIN
SECT 31, TWP 118N, RNG 21W
PROJECT LOCATION
THE SUBSURFACE UTILITY INFORMATION IN THIS PLAN IS UTILITY QUALITY LEVEL D. THIS UTILITY QUALITY LEVEL WAS DETERMINED ACCORDING TO THE
GUIDELINES OF CI/ASCE 38-02, ENTITLED "STANDARD GUIDELINES FOR THE COLLECTION AND DEPICTION OF EXISTING SUBSURFACE UTILITY DATA."
APPROVED BYSHEET NO.DATE
PLAN REVISIONS
ALL APPLICABLE FEDERAL, STATE, AND LOCAL LAWS AND ORDINANCES WILL BE
COMPLIED WITH IN THE CONSTRUCTION OF THIS PROJECT.
THIS PLAN SET CONTAINS 7 SHEETS
I HEREBY CERTIFY THAT THIS PLAN WAS PREPARED BY ME OR UNDER
MY DIRECT SUPERVISION, AND THAT I AM A DULY LICENSED PROFESSIONAL
ENGINEER UNDER THE LAWS OF THE STATE OF MINNESOTA.
LICENSE NUMBER:DATE:MM/DD/YYYY 25927
JOHN R. BRADFORD, P.E.
SHEET
7
OF
WSB PROJ. NO. 023686-000
PROJECT LOCATION
1
THIS PLAN SET HAS BEEN PREPARED FOR:
CITY OF GOLDEN VALLEY
7800 GOLDEN VALLEY ROAD
GOLDEN VALLEY, MN 55427
(763) 593-8000
A CALL TO GOPHER STATE ONE (651-454-0002)
IS REQUIRED A MINIMUM OF 48 HOURS PRIOR
TO PERFORMING ANY EXCAVATION.
EXCAVATION NOTICE SYSTEM
PLAN SET INDEX
GOVERNING SPECIFICATIONS
UTILITY INFORMATION
THE 2020 EDITION OF THE MINNESOTA DEPARTMENT OF TRANSPORTATION "STANDARD
SPECIFICATIONS FOR CONSTRUCTION" SHALL GOVERN.
ALL TRAFFIC CONTROL DEVICES SHALL CONFORM TO THE LATEST EDITION OF THE
MINNESOTA MANUAL ON UNIFORM TRAFFIC CONTROL DEVICES, INCLUDING THE
LATEST FIELD MANUAL FOR TEMPORARY TRAFFIC CONTROL ZONE LAYOUTS.
E
ST
S
N
SCALE IN FEET
0
H:
250 500
HORIZONTAL DATUM: NAD83 (2011)
VERTICAL DATUM: NAVD88
HWY 55
7TH AVE N
GOLDEN VALLEY RDBOONE AVE NWISCONSIN AVE NGOLDEN
V
A
L
L
E
Y
D
R
HWY
5
5 WINNETKA AVE NDECATUR AVE NEDGE OF WATER BODY WET
BASSETT CREEK
GOPHER ONE CALL TICKET NUMBER: 232691612
231
K:\023686-000\Cad\Plan\023686-000-C-SEQU-TABS.dwg 2/1/2024 3:22:42 PM2
AS SHOWN JLM
JRBJLM
SCALE:
PLAN BY:
DESIGN BY:
CHECK BY:
SHEET
OF
WSB PROJECT NO.I HEREBY CERTIFY THAT THIS PLAN, SPECIFICATION,OR REPORT WAS PREPARED BY ME OR UNDER MYDIRECT SUPERVISION AND THAT I AM A DULYLICENSED PROFESSIONAL ENGINEER UNDER THELAWS OF THE STATE OF MINNESOTA.LIC. NO:DATE:REVISIONSNO.DATEDESCRIPTIONCLIENT PROJECT NO.CITY OF GOLDEN VALLEY023686-000
23-19 JOHN R. BRADFORD2592701-31-20197TH 55 WATERMAIN REPAIR ATBASSETT CREEKSTATEMENT OF
ESTIMATED
QUANTITIES
232
K:\023686-000\Cad\Plan\023686-000-C-MISC-DETL.dwg 1/4/2024 2:26:59 PM3
AS SHOWN JLM
JRBJLM
SCALE:
PLAN BY:
DESIGN BY:
CHECK BY:
SHEET
OF
WSB PROJECT NO.I HEREBY CERTIFY THAT THIS PLAN, SPECIFICATION,OR REPORT WAS PREPARED BY ME OR UNDER MYDIRECT SUPERVISION AND THAT I AM A DULYLICENSED PROFESSIONAL ENGINEER UNDER THELAWS OF THE STATE OF MINNESOTA.LIC. NO:DATE:REVISIONSNO.DATEDESCRIPTIONCLIENT PROJECT NO.CITY OF GOLDEN VALLEY023686-000
23-19 JOHN R. BRADFORD2592701-31-20197TH 55 WATERMAIN REPAIR ATBASSETT CREEKMISCELLANEOUS
DETAILS
NOTES:
1.THIS IS AN EXAMPLE DETAIL. CONTRACTOR TO SUBMIT PROPOSED FM SUPPORT THAT MEETS
METROPOLITAN COUNCIL MINIMUM REQUIREMENTS. CONTRACTOR MUST SUBMIT DESIGN TO
THE ENGINEER FOR REVIEW BY THE CITY AND METROPOLITAN COUNCIL.
2.SUPPORT TO BE PAID UNDER 2433.601 TEMPORARY STRUCTURAL SUPPORT, LUMP SUM.
3.L1 = TRENCH SUPPORT LENGTH, TOP OF TRENCH.
L2 = SUPPORT LENGTH, TOP OF FM.
L3 = TRENCH BOTTOM WIDTH.
4.SEE SPECIFICATION SECTION TEMPORARY STRUCTURAL SUPPORT (2433).
PROPOSED PRIMARY SUPPORT
PROPOSED SECONDARY SUPPORT
EXISTING DIP
FORCEMAIN 36" Ø
X
Y
UTILITY SUPPORT DETAIL
FOR MCES FORCEMAIN
L3
L2
L1
233
>>>
C
C
|
|
|
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C
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F
F
PIV
VLT
IRR
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F
HH
HH
HH|||||||||||||||||||||||||||||||||||||||CCCCCCCCCCCCCC
CCCCCCCCCCCCCCC
FFFFFFFFFFFFFFFF
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F
FF|||||
||||||||
WM AB WM AB WM AB WM AB WM AB WM AB WM AB WM AB WM AB WM AB WM AB WM AB WM AB WM AB WM AB WM AB WM AB
WM AB
WM AB
>>
15'|EX 36" DIP
EX 12" CIP 12" PVC
|||||||||||
0+00
1+00 2+00
3+00 4+00
STA: 0+69.46
8.49' LT
HYDRANT
& 6" VALVE
STA: 0+70.11
0.02' LT
12"X6" TEE
STA: 0+37.27
0.03' RT
12" VALVE
STA: 0+44.09
0.00'
12" 45° BEND
STA: 0+74.72
0.00'
12" 45° BEND
STA: 0+83.12
0.00'
14"X12" TRANSITION
14" HDPE - DIRECTIONALLY DRILLED
||||
7'|||||||||6" PVC 8" HDPE - DIRECTIONALLY DRILLEDEX 6" DIP|12" DIP
|||||
6" PVC
10'EX 36" DIP
22+60 22+00WATR
865
870
875
880
885
890
895
900
865
870
875
880
885
890
895
900
0+00 0+50888.81+00888.31+50889.02+00889.82+50890.33+00891.33+50891.44+00891.94+50888.63'
8'
320' - 14" HDPE WMN - DIRECTIONALLY DRILLED
EX 12" CIP WMN
EX 36" DIP
INV: 878.87
39' - 12" PVC WMN
7' - 12" DIP WMN
8" HDPE
INV: 882.18
K:\023686-000\Cad\Plan\023686-000-C-WATR-PLAN.dwg 1/4/2024 2:27:37 PMWATERMAIN
PLAN
4
AS SHOWN JLM
JRBJLM
N
SCALE IN FEET
0
H:
20 40
SCALE IN FEET
0
V:
5 10
LOCATION
HIGHWAY 55
SCALE:
PLAN BY:
DESIGN BY:
CHECK BY:
SHEET
OF
WSB PROJECT NO.I HEREBY CERTIFY THAT THIS PLAN, SPECIFICATION,OR REPORT WAS PREPARED BY ME OR UNDER MYDIRECT SUPERVISION AND THAT I AM A DULYLICENSED PROFESSIONAL ENGINEER UNDER THELAWS OF THE STATE OF MINNESOTA.LIC. NO:DATE:REVISIONSNO.DATEDESCRIPTIONCLIENT PROJECT NO.CITY OF GOLDEN VALLEY023686-000
23-19 JOHN R. BRADFORD2592701-31-20197TH 55 WATERMAIN REPAIR ATBASSETT CREEKSEE SHEET -MATCHLINE STA -4+505HWY 55
GOL
D
E
N
V
A
L
L
E
Y
R
DBOONE AVE NWISCONSIN AVE NGOLDEN VALLEY RDWINNETKA AVE NHWY
5
5
NOTE:
1.CONTRACTOR MUST VERIFY
CROSSING FORCEMAIN DEPTH.
2.MINIMUM OF 10' HORIZONTALLY
FROM FORCEMAIN OR SANITARY
SEWER, UNLESS STATED
OTHERWISE IN THE PLANS.
3.HDPE SHALL BE COMPATIBLE WITH
DUCTILE IRON FITTINGS.
4.HDPE PIPE SHALL BE DR 11.
5.PVC PIPE SHALL BE C900.
6.DIP SHALL BE CLASS 52.
7.ALL DIP WATERMAIN SHALL BE ENCASED
IN POLYETHYLENE PER THE SPECS.
8.DIRECTIONAL DRILLING BENDS TO BE
VERIFIED BY CONTRACTOR IN FIELD.
LEGEND
EXISTING WATERMAIN
PROPOSED WATERMAIN||
UTILITY EASEMENTS
||
EXISTING HYDRANT W/ VALVE
PROPOSED HYDRANT W/ VALVE
EXISTING SANITARY SEWER MAIN>
EXISTING SANITARY STRUCTURES
PROPOSED WATER FITTINGS
ABANDONED WATERMAINWM AB
REMOVE HYDRANT, VALVE & LEADHY
EXISTING STORM SEWER PIPE>>
EXISTING STORM STRUCTUREST
CONNECT TO
EXISTING WATERMAIN
EXISTING GROUND
EXISTING METCOUNCIL FORCEMAINS
(APPROXIMATE LOCATION)BOONE AVE NJERSEY MIKE'S SUBS
HOLIDAY GAS STATION
SEE SHEET - 7
MATCHLINE - WATER SERVICE
OPEN TRENCH
CONSTRUCTION
CONNECT TO
EXISTING WATERMAIN
BEGIN WATERMAIN
DIRECTIONAL DRILL
HWY 55 ROW
DRAINAGE AND UTILITY ESMT LINE
VERIFY DISTANCE
FROM FORCEMAIN
BLIND FLANGE ON SOUTH END OF
TEE AT CONNECTION
TO ABANDONED WATERMAIN
234
>
C
C
C
C C C
E
E
||||||||
C
C
F F F
F
CO
HH
HH
S
S >>>>>>>>>>>>>
>
>>>>
>
>>>>>>>>>>
>
>>>
>
>
>
>>>>>>>>>>
C C C
F F F F FWETWETWETWETWETWETWETWETWETWET
ST |||||||||||||||||||||||>>>>>>>>>>>>>>>>>>>>F
F F F F F F F
C C C C C C C C C
HY
27'
|||||||||||||||||||
WM AB WM AB WM AB WM AB WM AB WM AB WM AB WM AB WM AB WM AB WM AB WM AB WM AB WM AB WM AB WM AB WM AB WM AB
HY 16'
5+00
6+00
7+00 8+00
14" HDPE - DIRECT
I
O
N
A
L
L
Y
D
R
I
L
L
E
D
14" HDPE - DIRECTIONALLY DRILLED|
|
||||||||
11'
10'
EX 36" DI
P
865
870
875
880
885
890
895
900
905
865
870
875
880
885
890
895
900
905
4+50888.65+00880.95+50886.96+00894.26+50893.47+00896.27+50898.78+00898.911.5' (MINIMUM)
405' - 14" HDPE WMN - DIRECTIONALLY DRILLED
K:\023686-000\Cad\Plan\023686-000-C-WATR-PLAN.dwg 1/4/2024 2:27:47 PMWATERMAIN
PLAN
5
AS SHOWN JLM
JRBJLM
N
SCALE IN FEET
0
H:
20 40
SCALE IN FEET
0
V:
5 10
LOCATION
HIGHWAY 55
SCALE:
PLAN BY:
DESIGN BY:
CHECK BY:
SHEET
OF
WSB PROJECT NO.I HEREBY CERTIFY THAT THIS PLAN, SPECIFICATION,OR REPORT WAS PREPARED BY ME OR UNDER MYDIRECT SUPERVISION AND THAT I AM A DULYLICENSED PROFESSIONAL ENGINEER UNDER THELAWS OF THE STATE OF MINNESOTA.LIC. NO:DATE:REVISIONSNO.DATEDESCRIPTIONCLIENT PROJECT NO.CITY OF GOLDEN VALLEY023686-000
23-19 JOHN R. BRADFORD2592701-31-20197TH 55 WATERMAIN REPAIR ATBASSETT CREEK- MATCHLINE STA- SEE SHEET4+504SEE SHEET -MATCHLINE STA -8+006HWY 55
GOL
D
E
N
V
A
L
L
E
Y
R
DBOONE AVE NWISCONSIN AVE NGOLDEN VALLEY RDWINNETKA AVE NHWY
5
5
NOTE:
1.CONTRACTOR MUST VERIFY
CROSSING FORCEMAIN DEPTH.
2.MINIMUM OF 10' HORIZONTALLY
FROM FORCEMAIN OR SANITARY
SEWER, UNLESS STATED
OTHERWISE IN THE PLANS.
3.HDPE SHALL BE COMPATIBLE WITH
DUCTILE IRON FITTINGS.
4.HDPE PIPE SHALL BE DR 11.
5.PVC PIPE SHALL BE C900.
6.DIP SHALL BE CLASS 52.
7.ALL DIP WATERMAIN SHALL BE ENCASED
IN POLYETHYLENE PER THE SPECS.
8.DIRECTIONAL DRILLING BENDS TO BE
VERIFIED BY CONTRACTOR IN FIELD.
LEGEND
EXISTING WATERMAIN
PROPOSED WATERMAIN||
UTILITY EASEMENTS
||
EXISTING HYDRANT W/ VALVE
PROPOSED HYDRANT W/ VALVE
EXISTING SANITARY SEWER MAIN>
EXISTING SANITARY STRUCTURES
PROPOSED WATER FITTINGS
ABANDONED WATERMAINWM AB
REMOVE HYDRANT, VALVE & LEADHY
EXISTING STORM SEWER PIPE>>
EXISTING STORM STRUCTURESTBASSETT CREEK
EXISTING GROUND
BED OF BASSETT CREEK
EXISTING METCOUNCIL FORCEMAINS
(APPROXIMATE LOCATION)
DRAINAGE ESMT LINE
REMOVE HYDRANT
HWY 55 ROW
DRAINAGE AND UTILITY ESMT LINE
PLUG HYDRANT AT MAIN
VERIFY DISTANCE
FROM FORCEMAIN
HWY 55 ROW
235
>>>>>>>>>>>>
>
>
>
>
>
>
>
>
>
>>>>>>>>>>>>
>
>
>
>
>
>
>
>
>
E
E
E
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F|||ST
S
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HH
HH
VLT
VLT|||||||||||||||||||||||||||||||||||||||||>>>>>>>
>
>
>>
>
>
>
>
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F
F
F
F
C C C C C C C C C C C C C C C
C
C
|
WM AB WM AB WM AB WM AB WM AB WM AB
EX 12"
C
I
P
8+00 9+00
10+00 10+18
STA: 9+01.26
0.03' LT
14"X12" TRANSITION
STA: 9+24.80
2.50' RT
12" 22.5° BEND
14" HDPE - DIRECTIONALLY DRILLED
STA: 9+44.64
9.72' LT
HYDRANT
& 6" VALVE
STA: 9+44.52
0.40' LT
12"X6" TEE
||||||||||
|
12" PVC
12" DIP
875
880
885
890
895
900
905
910
875
880
885
890
895
900
905
910
8+00898.98+50898.99+00898.59+50900.110+00900.910+03900.820' - 12" PVC WMN
13' - 12" PVC WMN
130' - 14" HDPE WMN - DIRECTIONALLY DRILLED
7' - 12" DIP WMN
EX 12" CIP WM
K:\023686-000\Cad\Plan\023686-000-C-WATR-PLAN.dwg 1/4/2024 2:27:56 PMWATERMAIN
PLAN
6
AS SHOWN JLM
JRBJLM
N
SCALE IN FEET
0
H:
20 40
SCALE IN FEET
0
V:
5 10
LOCATION
HIGHWAY 55
SCALE:
PLAN BY:
DESIGN BY:
CHECK BY:
SHEET
OF
WSB PROJECT NO.I HEREBY CERTIFY THAT THIS PLAN, SPECIFICATION,OR REPORT WAS PREPARED BY ME OR UNDER MYDIRECT SUPERVISION AND THAT I AM A DULYLICENSED PROFESSIONAL ENGINEER UNDER THELAWS OF THE STATE OF MINNESOTA.LIC. NO:DATE:REVISIONSNO.DATEDESCRIPTIONCLIENT PROJECT NO.CITY OF GOLDEN VALLEY023686-000
23-19 JOHN R. BRADFORD2592701-31-20197TH 55 WATERMAIN REPAIR ATBASSETT CREEKSEE SHEET -MATCHLINE STA -8+005HWY 55
GOL
D
E
N
V
A
L
L
E
Y
R
DBOONE AVE NWISCONSIN AVE NGOLDEN VALLEY RDWINNETKA AVE NHWY
5
5
NOTE:
1.CONTRACTOR MUST VERIFY
CROSSING FORCEMAIN DEPTH.
2.MINIMUM OF 10' HORIZONTALLY
FROM FORCEMAIN OR SANITARY
SEWER, UNLESS STATED
OTHERWISE IN THE PLANS.
3.HDPE SHALL BE COMPATIBLE WITH
DUCTILE IRON FITTINGS.
4.HDPE PIPE SHALL BE DR 11.
5.PVC PIPE SHALL BE C900.
6.DIP SHALL BE CLASS 52.
7.ALL DIP WATERMAIN SHALL BE ENCASED
IN POLYETHYLENE PER THE SPECS.
8.DIRECTIONAL DRILLING BENDS TO BE
VERIFIED BY CONTRACTOR IN FIELD.
LEGEND
EXISTING WATERMAIN
PROPOSED WATERMAIN||
UTILITY EASEMENTS
||
EXISTING HYDRANT W/ VALVE
PROPOSED HYDRANT W/ VALVE
EXISTING SANITARY SEWER MAIN>
EXISTING SANITARY STRUCTURES
PROPOSED WATER FITTINGS
ABANDONED WATERMAINWM AB
REMOVE HYDRANT, VALVE & LEADHY
EXISTING STORM SEWER PIPE>>
EXISTING STORM STRUCTUREST
EXISTING GROUND
EXISTING METCOUNCIL FORCEMAINS
(APPROXIMATE LOCATION)
CONNECT TO
EXISTING WATERMAIN
WISCONSIN AVE NCONNECT TO
EXISTING WATERMAIN
OPEN TRENCH
CONSTRUCTION
END WATERMAIN
DIRECTIONAL DRILL
HWY 55 ROW
UTILITY ESMT LINE
UTILITY ESMT LINE
DRAINAGE AND UTILITY
ESMT LINE
236
>>>||||CCCFPIVVLTIRRSS>>>>>>>>>>>>FWETWETWETWETWET|||||||CCCCFF|FFFFFFFFFFIRR|WM ABWM ABWM ABWM ABWM ABWM ABWM AB4+00||||7'|||||||||||||||||||||||||||
6
"
P
V
C
8" HDPE - DIRECTIONALLY DRILLED
EX 6" DIPEX 8" DIP||||||6" PVC10'EX 36" DIP22+60
20+00
21+00 22+00
WATER SERVICE ALIGNMENT
875
880
885
890
895
900
875
880
885
890
895
900
889.63889.620+00 890.78890.820+50 892.54892.521+00 893.00893.021+50 892.49892.522+00 22+50 22+60
7.5' (MINIMUM)
EX 36" DIP
INV: 874.95
OPEN TRENCH
CONSTRUCTION
OPEN TRENCH
CONSTRUCTION
200' - 8" HDPE WMN - DIRECTIONALLY DRILLED
5' - 8" DIP WMN
43' - 6" PVC WMN
4'K:\023686-000\Cad\Plan\023686-000-C-WATR-PLAN.dwg 1/4/2024 2:28:01 PMWATERMAIN
PLAN
7
AS SHOWN JLM
JRBJLM
NSCALE IN FEET
0
H:
20 40
LOCATION
GOLDEN VALLEY RDSCALE:
PLAN BY:
DESIGN BY:
CHECK BY:
SHEET
OF
WSB PROJECT NO.I HEREBY CERTIFY THAT THIS PLAN, SPECIFICATION,OR REPORT WAS PREPARED BY ME OR UNDER MYDIRECT SUPERVISION AND THAT I AM A DULYLICENSED PROFESSIONAL ENGINEER UNDER THELAWS OF THE STATE OF MINNESOTA.LIC. NO:DATE:REVISIONSNO.DATEDESCRIPTIONCLIENT PROJECT NO.CITY OF GOLDEN VALLEY023686-000
23-19 JOHN R. BRADFORD2592701-31-20197TH 55 WATERMAIN REPAIR ATBASSETT CREEKHWY 55
GOL
D
E
N
V
A
L
L
E
Y
R
DBOONE AVE NWISCONSIN AVE NGOLDEN VALLEY RDWINNETKA AVE NHWY
5
5
NOTE:
1.CONTRACTOR MUST VERIFY
CROSSING FORCEMAIN DEPTH.
2.MINIMUM OF 10' HORIZONTALLY
FROM FORCEMAIN OR SANITARY
SEWER, UNLESS STATED
OTHERWISE IN THE PLANS.
3.HDPE SHALL BE COMPATIBLE WITH
DUCTILE IRON FITTINGS.
4.HDPE PIPE SHALL BE DR 11.
5.PVC PIPE SHALL BE C900.
6.DIP SHALL BE CLASS 52.
7.ALL DIP WATERMAIN SHALL BE ENCASED
IN POLYETHYLENE PER THE SPECS.
8.DIRECTIONAL DRILLING BENDS TO BE
VERIFIED BY CONTRACTOR IN FIELD.
LEGEND
EXISTING WATERMAIN
PROPOSED WATERMAIN||
UTILITY EASEMENTS
||
EXISTING HYDRANT W/ VALVE
PROPOSED HYDRANT W/ VALVE
EXISTING SANITARY SEWER MAIN>
EXISTING SANITARY STRUCTURES
PROPOSED WATER FITTINGS
ABANDONED WATERMAINWM AB
REMOVE HYDRANT, VALVE & LEADHY
EXISTING STORM SEWER PIPE>>
EXISTING STORM STRUCTUREST
JERSEY MIKE'S SUBS
BASSETT CRE
E
K
CONNECT TO
EXISTING WATERMAIN (1)
CONNECT TO EXISTING WATER SERVICE
WATER CONNECTION AT JERSEY MIKE'S SUBS
SEE SHEET - 4
MATCHLINE - WATERMAIN
SEE SHEET - 5
MATCHLINE - WATERMAIN
8"X6" TRANSITIONBEGIN WATERMAIN
DIRECTIONAL DRILL
END WATERMAIN
DIRECTIONAL DRILL
CONCRETE EDGE OF PATIO
6" 22.5° BEND
6" 11.25° BEND
OPEN TRENCH
CONSTRUCTION
OPEN TRENCH
CONSTRUCTION
8" GATE VALVE
CONNECT TO
EXISTING WATERMAIN (1)
CONNECT TO
EXISTING WATER SERVICE
ACTUAL SURFACE PROFILE
TO BE FIELD VERIFIED BY
ENGINEER
EXISTING GROUND
BLIND FLANGE ON SOUTH END OF
TEE AT CONNECTION
TO ABANDONED WATERMAIN
237
Protecting, Maintaining and Improving the Health of All Minnesotans
March 27, 2024
WSB Engineers
c/o Mr. John R. Bradford
701 Xenia Avenue South, Suite 300
Minneapolis, Minnesota 55416
Subject: TH 55 Watermain Repair at Bassett Creek, Golden Valley, Hennepin County, Plan No. 240363
The City of Golden Valley has provided a letter regarding the forcemain and watermain separation on
the above referenced project. MDH will allow the design as proposed due to the significant vertical
separation, lack of suitable alternatives, improvement on the existing situation, and acknowledgement
of the design not meeting typical MDH requirements.
This letter should be attached to our previous report of plans dated March 14, 2024
If you have any questions, please contact me at 651-201-4684.
Sincerely,
David Weum, P.E.
Public Health Engineer
PO Box 64975
Section of Drinking Water Protection
St. Paul, Minnesota 55164-0975
DW:bcl
cc: Golden Valley City Council
Brian Noma, MDH St. Paul
238
EXECUTIVE SUMMARY
Community Development
763-512-2345 / 763-512-2344 (fax)
Golden Valley City Council Meeting
April 2, 2024
Agenda Item
3D. Adopt Resolution No. 24-028 , Approval of the Final Plat for Hope Addition
Prepared By
Christine Costello, Housing & Economic Development Manager
Summary
In July 2023 the City Council approved a preliminary plan to create a lot located at 4707 Circle Down
from a portion of MN Department of Transportation Right-of-Way (ROW) turnback. The lot is part of
the City of Golden Valley's Home Ownership Program for Equity (HOPE) program to make city-owned
vacant property available for the development of housing that is affordable and provides equitable
homeownership. On March 19th the City Council approved the vacation of drainage and utility
easements for the lot that were from the previous ROW turnback.
Financial or Budget Considerations
None
Legal Considerations
Following approval of a preliminary plat, the City Council shall grant approval of the final plat, refer the
final plat to the Planning Commission for additional study, or disapprove the final plat stating the
reasons for such action. Action to approve the plat shall be by resolution of the City Council and shall
be taken if the applicant has complied with all the conditions, requirements, and provisions of City
Code.
Equity Considerations
Equity review was not needed as this item falls under the general course of business for the Planning
Division.
Recommended Action
Motion to adopt Resolution No. 24-028 approving the Final Plat for Hope Addition.
This item requires a majority vote.
Supporting Documents
Resolution No. 24-028 - Approval of Final Plat - Hope Addition
Final Plat - Hope Addition
239
RESOLUTION NO. 24-028
RESOLUTION FOR APPROVAL OF THE FINAL PLAT
FOR HOPE ADDITION
WHEREAS, the City Council for the City of Golden Valley, pursuant to due notice,
has heretofore conducted a public hearing on the proposed plat to be known as HOPE
ADDITION covering the following described tracts of land:
Lot 2, Block 1, Moshou Addition, according to the plat thereof on file and of record in
the office of the County Recorder in and for Hennepin County, Minnesota.
AND
That part of Tract A described below:
Tract A. Lots 1, 3 and 4, Block 1, Moshou Addition, according to the plat thereof on
file and of record in the office of the County Recorder in and for Hennepin County,
Minnesota;
which lies northerly of Line 1 described below:
Line 1. Commencing at the east quarter corner of Section 30, Township 29 North,
Range 24 West; thence westerly on an azimuth of 271 degrees 21 minutes 02
seconds along the east and west quarter line thereof for 2652.57 feet to the center of
said Section 30; thence on an azimuth of 00 degrees 21 minutes 23 seconds for
701.35 feet to the point of beginning of Line 1 to be described; thence on an azimuth
of 284 degrees 30 minutes 39 seconds for 34.03 feet; thence on an azimuth of 230
degrees 05 minutes 25 seconds for 2.96 feet; thence on an azimuth of 230 degrees
01 minute 59 seconds for 14.00 feet; thence on an azimuth of 320 degrees 01
minute 50 seconds for 130.14 feet; thence on an azimuth of 319 degrees 50 minutes
03 seconds for 144.27 feet; thence on an azimuth of 320 degrees 28 minutes 03
seconds for 168.10 feet and there terminating.
WHEREAS, all persons present were given the opportunity to be heard.
NOW, THEREFORE, BE IT RESOLVED, by the City Council for the City of Golden
Valley, that said proposed plat be, and the same hereby is, accepted and approved, and
the proper officers of the City are hereby authorized and instructed to sign the original of
said plat and to do all other things necessary and proper in the premises.
Adopted by the City Council this 2nd day of April, 2024.
_____________________________
Roslyn Harmon, Mayor
ATTEST:
_____________________________
Theresa Schyma, City Clerk
240
FEETSCALE03060HOPE ADDITIONLEGENDMONUMENT FOUND5/8" X 18" IRON PIPEMONUMENTMARKED BY LICENSE NO.4550710101010
STONEBROOKE ENGINEERING, INC.THIS PLAT PREPARED BY 241
EXECUTIVE SUMMARY
City Administration
763-512-2345 / 763-512-2344 (fax)
Golden Valley City Council Meeting
April 2, 2024
Agenda Item
6A. Review of Council Calendar
Prepared By
Theresa Schyma, City Clerk
Summary
The Council will review upcoming city meetings, events, and holiday closures.
Legal Considerations
This item does not require legal review.
Equity Considerations
This item does not require equity review.
Recommended Action
No action is required on this item.
Supporting Documents
Review of Council Calendar
242
Review of Council Calendar
Event Event Time Location
APRIL
Thursday, April 4
Golden Valley Business Connections 8:00 AM - 9:30 AM MRA - The Management
Association, 5980 Golden Hills Drive
Wednesday, April 10
Council Work Session 6:30 PM Hybrid - Council Conference Room
Thursday, April 11
Special City Council Meeting 5:30 PM Council Conference Room
Tuesday, April 16
City Council Meeting 6:30 PM Hybrid - Council Conference Room
Saturday, April 20
Run the Valley 7:45 AM - 10:00 AM Brookview Park
Special City Council Meeting
(Commissioner Interviews)1:00 PM - 4:00 PM Council Conference Room
MAY
May (date TBD)
Board/Commission Recognition Event TBD TBD
Tuesday, May 7
City Council Meeting 6:30 PM Hybrid - Council Chambers
Tuesday, May 14
HRA Work Session 6:30 PM Hybrid - Council Conference Room
Council Work Session 6:30 PM Hybrid - Council Conference Room
Tuesday, May 21
City Council Meeting 6:30 PM Hybrid - Council Chambers
Saturday, May 18
Run Meadowbrook Run 7:00 AM Brookview Park
Monday, May 27
City Offices Closed for Observance of Memorial Day
243