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08-20-24 City Council Agenda August 20, 2024 — 6:30 PM Council Chambers Hybrid Meeting 1.Call to Order 1A.Pledge of Allegiance and Land Acknowledgement 1B.Roll Call 1C.Proclamation Recognizing September 7, 2024 as Be the Change MN Day in Golden Valley 1D.Proclamation Honoring the Volunteers of Community Mediation & Restorative Services 1E.New Employee Introductions 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 Gambling License Exemption and Waiver of Notice Requirement - Firefly Sisterhood 3B.2.Approve 2024-2025 New/Used Vehicle Dealer License Renewals 3C.Bids, Quotes, and Contracts: 3C.1.Approve Contract for Local Improvement with MWP Recreation for Relocation of a Play Structure 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 772 2695 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 772 2695 and webinar password 1234. Press *3 to raise your hand during public comment sections. City of Golden Valley City Council Regular Meeting August 20, 2024 — 6:30 PM 1 3C.2.Approve Purchase of Replacement Door Access Control System with Computer Integration Technologies (CIT) 3D.Grants and Donations: 3D.1.Adopt Resolution No. 24-048 Accepting a Donation from Police Technology and Equipment for the Police Technology and Equipment 2024 Conference for Police Chief Virgil Green Sr. on September 18th-20th 3D.2.Adopt Resolution No. 24-049 Accepting a Donation to Cover Travel Expenses for Invited Guests to Attend an In-Person Site Visit to the Albuquerque Community Safety (ACS) Department from the Pohlad Family Foundation 3E.Adopt Resolution No. 24-050 Approving No Parking Restrictions for Zane and Lindsay Project 4.Public Hearing 4A.Public Hearing for Levy 25063 to Approve the Special Assessments for the Zane Avenue and Lindsay Street Improvement Project, Resolution No. 24-051 5.Old Business - None. 6.New Business 6A.Zane Avenue and Lindsay Street - Award Construction Contract to Northwest Asphalt, Incorporated 6B.Review of Council Calendar 6C.Mayor and Council Communications 1. Other Committee/Meeting updates 7.Adjournment City of Golden Valley City Council Regular Meeting August 20, 2024 — 6:30 PM 2 EXECUTIVE SUMMARY City Manager's Office 763-512-2345 / 763-512-2344 (fax) Golden Valley City Council Meeting August 20, 2024 Agenda Item 1C. Proclamation Recognizing September 7, 2024 as Be the Change MN Day in Golden Valley Prepared By Noah Schuchman, City Manager Summary On Saturday, September 7, 2024 Be The Change MN will host its 5th Annual Golf Tournament and Celebration. For five years, Be The Change MN has become a vital bridge between corporations and the community, fostering collaboration, understanding, and mutual support to drive positive change in our communities. This year's event will feature a Drive-Thru Community Giveaway. The giveaway will provide families with necessary resources to start the school year off right including groceries, school supplies and a hot breakfast. The City of Golden Valley recognizes the significant impact that Be The Change MN has had and offers our continued support of their efforts. The City further acknowledges Be the Change MN founder and Theodore Wirth Chalet owner, Dr. John Baker, for his tireless service and dedication in driving positive and lasting change in our community. Legal Considerations This item did not require legal review. Equity Considerations This proclamation aligns with the City's commitment to diversity, equity, and inclusion and the City's welcome statement. Recommended Action Motion to adopt a proclamation recognizing September 7, 2024 as Be the Change MN Day in Golden Valley. Supporting Documents Proclamation Recognizing September 7, 2024 as Be the Change MN Day in Golden Valley 3 CITY OF GOLDEN VALLEY PROCLAMATION RECOGNIZING BE THE CHANGE MN DAY SEPTEMBER 7, 2024 WHEREAS,Be the Change MN was founded by Dr. John Baker in 2020 in response to the tragic events surrounding the murder of George Floyd and the global pandemic, with a mission to support smaller nonprofits that work with underserved youth in the Minneapolis and St. Paul public schools; and WHEREAS, Be the Change MN has become a vital bridge between corporations and the community, fostering collaboration, understanding, and mutual support to drive positive change in our communities; and WHEREAS,the organization’s flagship event, the annual Be the Change MN Golf Tournament, has been recognized as one of the most diverse golf tournaments in the country, creating unique opportunities for community leaders, corporate professionals, and residents to connect and build lasting relationships; and WHEREAS,through its innovative approach of pairing golf participants with community leaders, Be the Change MN exemplifies the spirit of inclusivity and partnership, demonstrating the power of unity in achieving common goals; and WHEREAS,Be the Change MN continues to make significant contributions to our community by providing grants to smaller nonprofits, enabling them to expand their reach and impact in the lives of young people; and WHEREAS,the organization’s commitment to diversity, equity, and inclusion has set a standard for how we can come together to address pressing social issues, build stronger communities, and ensure that everyone has a voice. NOW, THEREFORE, BE IT RESOLVED,that the City Council of the City of Golden Valley does hereby proclaim September 7, 2024 as Be the Change MN Day in the City of Golden Valley, and encourage all residents to join in recognizing and celebrating the invaluable work of Be the Change MN in our community. IN WITNESS WHEREOF,I Mayor Roslyn Harmon, proudly certify this proclamation with my signature and the seal of the City of Golden Valley on August 20, 2024. ___________________________ Roslyn Harmon, Mayor 4 EXECUTIVE SUMMARY City Manager's Office 763-512-2345 / 763-512-2344 (fax) Golden Valley City Council Meeting August 20, 2024 Agenda Item 1D. Proclamation Honoring the Volunteers of Community Mediation & Restorative Services Prepared By Noah Schuchman, City Manager Summary Community Mediation & Restorative Services (CMRS) is hosting a volunteer appreciation event at Brookview Community Center on Sept 18, 2024. Community members volunteer as mediators, housing navigators, restorative practitioners, Board members and community bridge-builders and provide an invaluable service to the residents of Golden Valley. Legal Considerations This item does not require legal review. Equity Considerations This item does not require equity review. Recommended Action Motion to adopt a proclamation honoring the volunteers of Community Mediation & Restorative Services. Supporting Documents Proclamation Honoring the Volunteers of Community Mediation & Restorative Services 5 CITY OF GOLDEN VALLEY PROCLAMATION HONORING THE VOLUNTEERS OF COMMUNITY MEDIATION & RESTORATIVE SERVICES WHEREAS,Community Mediation & Restorative Services (CMRS) is hosting a volunteer appreciation event at Brookview Community Center on Sept 18, 2024; and WHEREAS, CMRS is celebrating the community members who volunteer as mediators, housing navigators, restorative practitioners, Board members and community bridge-builders; and WHEREAS,since its founding in 1983, community is at the center of everything CMRS does; and WHEREAS,CMRS believes in the wisdom and capacity of community members to co-create their own agreements to resolve conflict, repair harm and build community; and WHEREAS,the fruitful collaboration between Golden Valley and CMRS exemplifies a shared commitment towards creating a just, harmonious, and inclusive community; and WHEREAS,the work of CMRS serves as a beacon of hope and a testament to the power of dialogue and restorative practices to move from conflict to resolution, from harm to healing; from polarization to respectful disagreement. NOW, THEREFORE, BE IT RESOLVED,that the City Council of the City of Golden Valley hereby honors and celebrates the volunteers of Community Mediation & Restorative Services for their invaluable service and dedication to the residents of Golden Valley, and extends our heartfelt gratitude and well-wishes for continued success and growth in the years to come. IN WITNESS WHEREOF,I Mayor Roslyn Harmon, proudly certify this proclamation with my signature and the seal of the City of Golden Valley on August 20, 2024. ___________________________ Roslyn Harmon, Mayor 6 EXECUTIVE SUMMARY City Manager's Office 763-512-2345 / 763-512-2344 (fax) Golden Valley City Council Meeting August 20, 2024 Agenda Item 1E. New Employee Introductions Prepared By Elinorah Sinyembo, Executive Assistant Summary City Manager Schuchman will introduce Dr. John Miller, Human Resources Manager. Public Works Director Kieffer will introduce Diana Preisen, City Forester. Interim Community Development Director Groth will introduce Jacquelyn Kramer, Senior Planner. Legal Considerations Legal review is not required on this item. Equity Considerations Equity review is not required on this item. Recommended Action No action is required on this item. 7 EXECUTIVE SUMMARY Administrative Services 763-512-2345 / 763-512-2344 (fax) Golden Valley City Council Meeting August 20, 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: 08-07-2024 Check Register 08-14-2024 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. 8 EXECUTIVE SUMMARY City Manager's Office 763-512-2345 / 763-512-2344 (fax) Golden Valley City Council Meeting August 20, 2024 Agenda Item 3B.1. Approve Gambling License Exemption and Waiver of Notice Requirement - Firefly Sisterhood Prepared By Theresa Schyma, City Clerk Summary Firefly Sisterhood, a 501(c)(3) nonprofit organization, has applied for a Gambling License Exemption to conduct gambling (raffle) at an event at the Metropolitan Ballroom, 5418 Wayzata Boulevard, on September 25, 2024. According to their website "The mission of Firefly Sisterhood is to foster one-to- one connections between women who are impacted by a breast cancer diagnosis and inspirational survivors." As per State Statute organizations that conduct gambling within the City limits have to submit an application for a lawful gambling permit to the State after the permit has been approved or denied by the City. Depending upon the timing of the permit the applicants may request the City to waive the 30-day waiting period. Legal Considerations This item does not require legal review. Equity Considerations Approving lawful gambling exemptions gives nonprofit organizations the opportunity to create relationships within the community and make connections that can help provide unbiased programs and services to those in need. Recommended Action Motion to receive and file the gambling license exemption and approve the waiver of notice requirement for Firefly Sisterhood to conduct gambling (raffle) at an event at the Metropolitan Ballroom, 5418 Wayzata Boulevard, on September 25, 2024. 9 EXECUTIVE SUMMARY City Manager's Office 763-512-2345 / 763-512-2344 (fax) Golden Valley City Council Meeting August 20, 2024 Agenda Item 3B.2. Approve 2024-2025 New/Used Vehicle Dealer License Renewals Prepared By Theresa Schyma, City Clerk Summary As per City Code, some businesses are required to be licensed by the City. Listed below are the new/used vehicle dealer businesses that are due for renewal for the 2024-2025 license period. The following establishments meet City Code requirements for the renewal of their license and staff is recommending approval contingent upon receipt of payment. Licensee DBA Address ABC Cars and Leasing LLC ABC Cars and Leasing 1200 Mendelssohn Avenue Borton Volvo, Incorporated Borton Volvo Cars 905 Hampshire Avenue South Jaguar/Landrover Minneapolis Jaguar/Landrover Minneapolis 8905 Wayzata Boulevard Jim Lupient Company Lupient Buick, GMC 7100 Wayzata Boulevard Jim Lupient Infiniti Jim Lupient Infiniti 7200 Wayzata Boulevard Lithia Motors, Inc. Audi Minneapolis 9393 Wayzata Boulevard Lithia Motors, Inc. Porsche of Minneapolis 9595 Wayzata Boulevard Lithia Motors, Inc. Twin Cities Performance 9191 Wayzata Boulevard Morrie's Luxury Auto LLC Morrie's Luxury Auto 7300 Wayzata Boulevard Morrie's Golden Valley Cadillac Morrie's Golden Valley Cadillac 7400 Wayzata Boulevard Northern Hospitality LLC Minnesota Auto Sales 2420 Nevada Avenue North Poquet Auto Sales, Incorporated Poquet Auto Sales 800 Lilac Drive North Rudy Luther Toyota Rudy Luther Toyota 8805 Wayzata Boulevard Tesla, Inc. Tesla - Golden Valley 700 Ottawa Avenue Financial or Budget Considerations Fees received for license renewals are budgeted and help to defray costs the City incurs to administer and enforce license regulations and requirements. No licenses are issued until payment is received in full. 10 Legal Considerations This item does not require legal review. Equity Considerations This item does not require equity review. Recommended Action Motion to authorize the renewal of the above New/Used Vehicle Dealer Licenses for a period of September 1, 2024 through August 31, 2025. 11 EXECUTIVE SUMMARY Parks & Recreation 763-512-2345 / 763-512-2344 (fax) Golden Valley City Council Meeting August 20, 2024 Agenda Item 3C.1. Approve Contract for Local Improvement with MWP Recreation for Relocation of a Play Structure Prepared By Janelle Crossfield, Parks and Recreation Director Summary A play structure was previously installed at Wildwood Park and was removed due to a flood mitigation project in the park. The opportunity to relocate the play structure to Isaacson Park near the batting cages was identified by City staff and local youth athletic associations. A request for quotes were made to two local play equipment companies for installing a relocated play structure at Isaacson Park. One quote was submitted and one declined to quote. Staff reviewed the quote proposal and are recommending moving forward with the play structure installation at Isaacson Park. MWP Recreation, a Golden Valley business and original provider and installer of the play structure submitted the quote and is the recommended contractor. The quote total is: MWP Recreation $33,457.57 Financial or Budget Considerations $35,000 has been budgeted in the 2024 Golden Valley Parks CIP budget P-003 for play structure replacement. Legal Considerations The Contract for Local Improvement has been reviewed and approved by the City Attorney. Equity Considerations Providing unbiased programs and services through infrastructure that supports and advances diversity, equity, and inclusion in all Golden Valley parks. Recommended Action Motion to authorize the Mayor and City Manager to execute Contract for Local Improvement with MWP Recreation for the relocation of a play structure to Isaacson Park for $33,457.57. Supporting Documents Contract for Local Improvement - Relocating Play Structure - Isaacson 12 1 CONTRACT FOR LOCAL IMPROVEMENT THIS AGREEMENT is made this 20th day of August, 2024 (the “Effective Date”) by and between MWP Recreation, a Golden Valley business located at 4800 Olson Memorial Hwy 55, Suite 130 Golden Valley, MN 55422 (“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 park and recreation products and services. B. The City desires to hire Contractor to relocate play structure. 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. Contractor shall commence Work not later than May 15, 2025. Contractor shall proceed diligently and shall complete the Work to the satisfaction and approval of the Park Maintenance Superintendent on or before May 30, 2025 (the “Contract Time”). Contractor shall to notify the City in writing of any cause of delay of the Work within 24 hours after such cause of delay arises. If Contractor fails to complete the Work by the Contract Time, the City may immediately, or at any time thereafter, proceed to complete the Work at the Contractor’s expense. If Contractor gives written notice of a delay over which Contractor has no control, the City may, at its discretion, extend the Contract Time. 3. Consideration. The consideration, which the City shall pay to Contractor, shall not exceed $33,457.57. 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 five (35) days after receiving a statement from Contractor. 13 2 4. Permits. No permits are required for the Work. 5. 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. 6. 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. In the event of a conflict between this Agreement and an exhibit to this Agreement, this Agreement shall control. 7. 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. 8. 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. 9. 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. 14 3 10. 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 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”). 11. 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 warrants that the Work will conform to the requirements of this Agreement and will be free from defects. Work, materials, or equipment not 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. 12. Guarantee. Contractor guarantees and agrees to maintain the stability of the Work 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. 15 4 13. Termination. This Agreement shall remain in force and effect commencing from the effective date and continuing until the completion of all of the parties’ obligations hereunder, unless terminated by the City or amended pursuant to the Agreement. Notwithstanding any other provision hereof to the contrary, this Agreement may be terminated as follows: a. The parties, by mutual written agreement, may terminate this Agreement at any time; b. Contractor may terminate this Agreement in the event of a breach of the Agreement by the City upon providing thirty (30) days’ written notice to the City; c. The City may terminate this Agreement at any time at its option, for any reason or no reason at all; or d. The City may terminate this Agreement immediately upon Contractor’s failure to have in force any insurance required by this Agreement. In the event of a termination, the City shall pay Contractor for 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 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 actions of any kind, nature, or character; damages; losses; and costs, disbursements, and expenses of defending the same, including but not limited to attorneys’ fees, professional services, and other technical, administrative or professional assistance resulting from or arising out of 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: 16 5 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. 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. 17 6 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 in the independent performance of the same or similar work for 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. Contractor 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 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. Contractor shall 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’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. 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 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. 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 18 7 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. Contractor agrees to notify the City within three business days if it receives a data request from a third party, and shall not respond to such requests without first conferring with the City. 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. Contractor 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 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 Janelle Crossfield, or designee. Contractor’s authorized agent for purposes of administration of this contract is Harlan Lehman, 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 MWP Recreation City of Golden Valley 4800 Hwy 55, Suite 130 7800 Golden Valley Road Golden Valley, MN 55422 Golden Valley, MN 55424 harlan@mwprecreation.com jcrossfield@goldenvalleymn.gov or such other contact information as either party may provide to the other by notice given in accordance with this provision. 19 8 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. 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. 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; provided that nothing herein nor any variation from the amounts and timing of the installments shall be construed as impairing the right of the City or of those to whose benefit the bond herein agreed upon shall insure, to hold Contractor or surety liable on the bond for any breach of the conditions of the same nor as imposing upon the City any obligation to laborers, materialmen, contractors, or sureties to pay or to retain for their benefit any monies coming to the contractor hereunder. Pursuant to Minnesota Statutes, Section 471.425, Subdivision 4(a), Contractor must pay any subcontractor within ten (10) days of Contractor’s receipt of payment from the City for undisputed services provided by the subcontractor. Contractor must pay interest of one and one-half percent (1½%) per month or any part of a month to the subcontractor on any undisputed amount not paid on time to the subcontractor. The minimum monthly interest penalty payment for an unpaid balance of $100.00 or more is $10.00. For an unpaid balance of less than $100.00, Contractor shall pay the actual penalty due to the subcontractor. A subcontractor who prevails in a civil action to collect interest penalties from the Contractor shall be awarded its costs and disbursements, including attorney’s fees, incurred in bringing the action. 35. 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. 36. 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. 37. 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. 38. Recitals. The City and Contractor agree that the Recitals are true and correct and are fully incorporated into this Agreement. 20 21 EXHIBIT A: SCOPE OF WORK Please note, installation is based on site being ready prior to our arrival to install play equipment as well as site conditions that have been conveyed to our organization by the owner/owner's representative and/or ideal conditions existing for a timely completion of your project as quoted. Unless addressed prior to the installation quote being issued or specifically mentioned herein, any issues that arise that impede the progress/completion of your project as quoted will result in additional charges. Weather can change project scheduling in many ways. INCLUSIONS  One mobilization  Public utility locates only  Installation of equipment as outlined in Exhibit B  Marking and digging of footings holes to accept direct embedment supports as needed  Unpacking of play equipment  Assembly of play equipment  Concrete for footings as needed  Pouring of concrete for footings  Construction tape/temporary bracing (as needed)  Insurance offerings as outlined in paragraph 17  Warranty and guarantee offerings as outlined in paragraphs 11 and 12  Standard industry accepted labor wages EXCLUSIONS  Clear access path up to and into play area for installation equipment (minimum of 8- foot wide, includes but not limited to gates, walkways, driveways, etc.)  Staging area for materials and installation equipment, trailers, etc.  Unobstructed space for maneuvering installation equipment as well as performing work  Security fencing of any type  If fencing is in place (by others), ability to unlock fencing is to be provided to our office a minimum of one week prior to our start  Private utility locates such as, but not limited to, irrigation, fiber optics, private lighting, etc.  Accepting, unloading and storage of order(s)/shipment(s) prior to installation. Please note, orders can be packaged/shipped in large crates, pallets, etc., requiring heavy-duty equipment to unload.  Sitework of any kind such as, but not limited to, grading (play area to have max slope of 1%), site restoration, drainage, etc.  Removal of existing play equipment, border, safety surfacing, etc.  Backfill and compaction of backfill after removal of existing items (for footing holes as an example) that leave voids in area (marking and digging of new footing holes based on workable site)  Digging in compacted sub-surfaces, rock, hard pan, tree roots, unstable soil conditions, etc. 22  Restoration of compacted sub-surfaces for playground surfacing such as, but not limited to, poured-in-place rubber, rubber tiles, artificial turf, etc.  Digging/maneuvering in sand, pea gravel, mud, etc.  Offsite removal of spoils from footing holes (can be stockpiled near play area for owner/owner's representative removal or spread within play area)  Disposal of packing material (can be deposited in owner/owner's representative onsite dumpster or stockpiled for removal by others)  Playground safety surfacing  Border to help contain playground safety surfacing  Removal of temporary braces, caution/construction tape, etc. (Can be removed and disposed of after concrete has cured.)  Bonding of any type  Prevailing, Davis Bacon, Union, or similar, wages  Restroom facilities. Please provide access to restrooms whether within a building or portable style. Should use of site facilities not be available, additional charges will be required to bring on site temporary/portable restrooms. These temporary facilities will be removed once your project has been completed.  Short term maintenance, check manufacturer's owner's manual recommendations for maintenance and always follow these written instructions. To help set up short (and ongoing) term maintenance, use the first twelve months to regularly check equipment (such as, but not limited to, tightening hardware, checking moving features, etc.). Twelve months allows use in all seasons and will provide a better understanding of what will be necessary for your ongoing maintenance. This short term schedule will be based on the amount of use the play equipment is getting as well as the type of play event that is being played on. Activities with movement have a more dynamic play which can lead to more maintenance due to the nature of the motion but also because these types of play events tend to be more popular. Static features may require less attention during the short term and ongoing maintenance as inspections will determine frequency of maintenance needed for these events. There may be a need for scheduled lower and higher frequency inspections.  Ongoing maintenance, check manufacturer's owner's manual recommendations for maintenance and always follow these written instructions. After short term maintenance period is done and data is collected for that time period, an ongoing schedule should be implemented. The ongoing maintenance can change with age and greater use. There may be a need for scheduled lower and higher frequency inspections. 23 Page 1 of 4 MWP Recreation 5101 Highway 55, Suite 6000 Golden Valley, Minnesota 55422 Ph. 800-622-5425 | 763-546-7787 Fax 763-546-5050 | harlan@mnwiplay.com CONSULTANT: HARLAN LEHMAN 02/19/2024 Quote # 102546-01-26 Isaacson Park Relocate D11207H - INSTALLATION EQUIPMENT PER PLAN LESS ZIP LINE City of Golden Valley Attn: Al Lundstrom 7708 Golden Valley Rd. Golden Valley, MN 55427 Phone: 763-593-8046 Fax:763-593-8109 alundstrom@goldenvalleymn.gov Ship to Zip 55427 Quantity Part # Description Unit Price Amount 1 INSTALL GameTime - LUMP SUM - Installation of play equipment as shown per plan drawing to include 5- 12 PowerScape unit, 2-5 KidTime Unit, Mushroom Table unit and swing unit.- Installation of plan less Sky Run Zip Line $22,770.54 $22,770.54 2 207124 GameTime - Footbuck 32 1/4"-Recycled $119.00 $238.00 2 166572 GameTime - Footbuck 30 1/16"Lg Black $80.00 $160.00 1 EWF Other - Furnish & Install 12" depth of wood fiber- *Does NOT include geotextile fabric nor rubber tiles. $9,983.00 $9,983.00 Total $33,457.57 Comments Exclusions: Off loading and storage of new parts or components. Transporting stored equipment to jobsite TBD. This quotation is subject to current MWP Recreation (MWP) policies as well as the following terms and conditions. Our quotation is based on shipment of all items at one time to a single destination, unless noted, and changes are subject to price adjustment. Purchases in excess of $1,000.00 to be supported by your written purchase order made out to MWP Recreation. Each quote is handled on a per order/project basis. Unless a long-term agreement is in place between purchaser and MWP, terms and conditions of this quotation shall be as outlined herein with no other requirements applicable. Any changes made to product and/or services after initial order(s) has/have been received by MWP will result in production and/or schedule time frame modifications. Please contact your regional representative to receive a revised schedule for your order/project. Pricing: f.o.b. factory, firm for 15 days from date of quotation. If placing an order after expiration of quote, please contact our office for updated pricing. A tax-exempt certificate is needed at time of order entry for all orders whether from tax-supported government agencies or not. Sales tax, if applicable, will be added at time of invoice unless a tax exempt certificate is provided at time of order entry. Payment terms: net 30 days for tax supported governmental agencies. Should this quotation be forwarded to an agency not listed on this quote, credit terms, as well as other terms and conditions herein, may be need to be altered. For instance, non-tax supported organization purchasing any or all products and/or services quoted herein may require full payment for that amount due at time of order entry. Remaining balance owed by tax supported agency, if any, shall still be net 30 days. A 1.5% per month finance charge will be imposed on all past due accounts. Equipment shall be invoiced separately from other services and shall be payable in advance of those services and project completion. Retainage not accepted. 24 Page 2 of 4 MWP Recreation 5101 Highway 55, Suite 6000 Golden Valley, Minnesota 55422 Ph. 800-622-5425 | 763-546-7787 Fax 763-546-5050 | harlan@mnwiplay.com CONSULTANT: HARLAN LEHMAN 02/19/2024 Quote # 102546-01-26 Isaacson Park Relocate D11207H - INSTALLATION EQUIPMENT PER PLAN LESS ZIP LINE EWF Shipment: order shall deliver within 14 - 21 days after our receipt and acceptance of your purchase order as well as schedule and weather allowing. Bulk material will ship via semi-truck/trailer with a live floor system in trailer which allows driver to deposit EWF directly onto a specific area provided proper access is available. If driver is asked to deposit EWF in certain area, driver has final say whether the site conditions allow proper access for the semi-truck/trailer. If MWP is installing EWF, bulk material will need to be deposited no farther than 30 yards from play area where surfacing is to be spread. If distance from deposited EWF to play area is greater than 30 yards, additional time/cost will be charged based on lack of site access. Additionally, this 30 yard route to install EWF must be free from any/all obstacles such as, but not limited to, landscaping, curbing, fencing, etc. Site restoration is not included and will be the responsibility of the owner/owner's representative. Road restrictions may be in effect and cause delays depending on time of year. 25 Page 3 of 4 MWP Recreation 5101 Highway 55, Suite 6000 Golden Valley, Minnesota 55422 Ph. 800-622-5425 | 763-546-7787 Fax 763-546-5050 | harlan@mnwiplay.com CONSULTANT: HARLAN LEHMAN 02/19/2024 Quote # 102546-01-26 Isaacson Park Relocate D11207H - INSTALLATION EQUIPMENT PER PLAN LESS ZIP LINE Project Scope: Please note, installation is based on site being ready prior to our arrival to install play equipment as well as site conditions that have been conveyed to our organization by the owner/owner's representative and/or ideal conditions existing for a timely completion of your project as quoted. Unless addressed prior to the installation quote being issued or specifically mentioned herein, any issues that arise that impede the progress/completion of your project as quoted will result in additional charges. Weather can change project scheduling in many ways. Take rain for an example. Day, or days before rain... If weather forecasts show a high percentage chance for rain that will effect the site conditions, a postponement may be in order. Digging holes, laying certain surfacing materials, etc., are greatly affected by weather conditions and work may not begin/continue due to weather forecasts. There's the rain days themselves, which if heavy enough rainfall occurs, makes a site unworkable. Day, or days, after rain... Drying time will be needed after rain and the number of days needed will vary depending on amount of moisture received. One actual rain day may equal multiple delay days depending on work scheduled to be done. + INCLUSIONS + + One mobilization + Public utility locates only + Installation of equipment as outlined in Exhibit B + Marking and digging of footings holes to accept direct embedment supports as needed + Unpacking of play equipment + Assembly of play equipment + Concrete for footings as needed + Pouring of concrete for footings + Construction tape/temporary bracing (as needed) + Insurance offerings as outlined in paragraph 17 + Warranty offerings as outlined in paragraph 11 and 12 + Standard industry accepted labor wages - EXCLUSIONS - - Clear access path up to and into play area for installation equipment (minimum of 8-foot wide, includes but not limited to gates, walkways, driveways, etc.) - Staging area for materials and installation equipment, trailers, etc. - Unobstructed space for maneuvering installation equipment as well as performing work - Security fencing of any type - If fencing is in place (by others), ability to unlock fencing is to be provided to our office a minimum of one week prior to our start - Private utility locates such as, but not limited to, irrigation, fiber optics, private lighting, etc. - Accepting, unloading and storage of order(s)/shipment(s) prior to installation. Please note, orders can be packaged/shipped in large crates, pallets, etc., requiring heavy-duty equipment to unload. - Sitework of any kind such as, but not limited to, grading (play area to have max slope of 1%), site restoration, drainage, etc. - Removal of existing play equipment, border, safety surfacing, etc. - Backfill and compaction of backfill after removal of existing items (for footing holes as an example) that leave voids in area (marking and digging of new footing holes based on workable site) - Digging in compacted sub-surfaces, rock, hard pan, tree roots, unstable soil conditions, etc. - Restoration of compacted sub-surfaces for playground surfacing such as, but not limited to, poured-in-place rubber, rubber tiles, artificial turf, etc. - Digging/maneuvering in sand, pea gravel, mud, etc. - Offsite removal of spoils from footing holes (can be stockpiled near play area for owner/owner's representative removal or spread within play area) - Disposal of packing material (can be deposited in owner/owner's representative onsite dumpster or stockpiled for removal by others) - Playground safety surfacing - Border to help contain playground safety surfacing - Removal of temporary braces, caution/construction tape, etc. (Can be removed and disposed of after concrete has cured.) - Bonding of any type 26 Page 4 of 4 MWP Recreation 5101 Highway 55, Suite 6000 Golden Valley, Minnesota 55422 Ph. 800-622-5425 | 763-546-7787 Fax 763-546-5050 | harlan@mnwiplay.com CONSULTANT: HARLAN LEHMAN 02/19/2024 Quote # 102546-01-26 Isaacson Park Relocate D11207H - INSTALLATION EQUIPMENT PER PLAN LESS ZIP LINE - Prevailing, Davis Bacon, Union, or similar, wages - Restroom facilities. Please provide access to restrooms whether within a building or portable style. Should use of site facilities not be available, additional charges will be required to bring on site temporary/portable restrooms. These temporary facilities will be removed once your project has been completed. - Short term maintenance, check manufacturer's owner's manual recommendations for maintenance and always follow these written instructions. To help set up short (and ongoing) term maintenance, use the first twelve months to regularly check equipment (such as, but not limited to, tightening hardware, checking moving features, etc.). Twelve months allows use in all seasons and will provide a better understanding of what will be necessary for your ongoing maintenance. This short term schedule will be based on the amount of use the play equipment is getting as well as the type of play event that is being played on. Activities with movement have a more dynamic play which can lead to more maintenance due to the nature of the motion but also because these types of play events tend to be more popular. Static features may require less attention during the short term and ongoing maintenance as inspections will determine frequency of maintenance needed for these events. There may be a need for scheduled lower and higher frequency inspections. - Ongoing maintenance, check manufacturer's owner's manual recommendations for maintenance and always follow these written instructions. After short term maintenance period is done and data is collected for that time period, an ongoing schedule should be implemented. The ongoing maintenance can change with age and greater use. There may be a need for scheduled lower and higher frequency inspections. Should weekend work be necessary or non-standard hours be worked, please provide a site contact and the best telephone number to reach this person in case an urgent matter arises requiring immediate attention. (Name) (Cell) (Other Telephone Number) Order Information: Bill To: Ship To: Company: Project Name: Attn: Attn: Address: Address: City, State, Zip: City, State, Zip: Contact: Contact: Tel: Tel: Fax: Fax: Acceptance of quotation: Accepted By (printed): P.O. No: Signature: Date: Title: Phone: Facsimile: ________________________________________________ Purchase Amount: $33,457.57 27 EXHIBIT B: SITE PLAN 28 29 EXECUTIVE SUMMARY Administrative Services 763-512-2345 / 763-512-2344 (fax) Golden Valley City Council Meeting August 20, 2024 Agenda Item 3C.2. Approve Purchase of Replacement Door Access Control System with Computer Integration Technologies (CIT) Prepared By John Peterson, IT Manager Tim Kieffer, Public Works Director Kirsten Santelices, Deputy City Manager Summary The City currently uses a controlled access system for its facilities, including external and internal doors. The current system, installed over a decade ago, has become increasingly unreliable. Frequent system failures pose significant risks to the safety of employees and City assets. Moreover, the existing system is incompatible with newer security protocols and technologies, limiting the City's ability to integrate with other systems. The City proposes replacing the system completely with new hardware and new software. The updated system will provide: Enhanced security features, including real-time monitoring and integration with building security cameras. Improved reliability and reduced maintenance costs. Integration capabilities with other security and building management systems. 10 year warranty. Financial or Budget Considerations The total estimated cost for upgrading the door access control system is $260,004.00, the quotes come in two parts; one for hardware and the other for installation. We are using the State Contract for installation. It is important to note that the State Contract does not offer the specific hardware required for this upgrade. As a result, the procurement of hardware is done through the PEPPM contract; a cooperative purchasing agreement created by Pennsylvania legislation. Hardware: $208,554.00 Installation: $51,450.00 Staff proposes funds will come from installation of building security systems B-027 and the remaining amount will come from building CIP reserves. Other projects from within that CIP will be postposed. 30 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 The purchase satisfies Pillar 3 of the Equity Plan by providing unbiased programs and services. Reliable door security is essential to safeguarding our city’s infrastructure, employees, and assets. Recommended Action Motion to approve purchase of replacement door access control system from CIT in the amount of $260,004.00. Supporting Documents CIT - Installation - Verkada Door Access Control System CIT - Hardware - Verkada Door Access Control System 31 Thursday, August 01, 2024 Nick Lesneski, Account Manager ● 651.255.5734 ● nick.lesneski@cit-net.com Verkada Access Control 10YR Install Presented by: City of Golden Valley 32 Service Descriptions Executive Summary The City of Golden Valley has requested a proposal to replace existing access control systems at their Parks & Streets, Brookview Golf Course, City Hall, Public Safety, Utility Maintenance, Vehicle Maintenance, Verizon, and Golf Maintenance Buildings. This proposal outlines replacing these systems with a Verkada solution that will integrate with the Verkada cameras. CIT State Contract # 206109 Scope of Work Parks & Streets CIT will install (2) 4-Door controllers. CIT will install (5) Verkada readers. CIT will install (1) Verkada AX11 IO Panel for additional secured doors for exit only. Brookview Golf Course CIT will install (2) 4-Door controllers. CIT will install (1) 16-Door controller. CIT will install (23) Verkada readers. City Hall CIT will install (2) 4-Door controllers. CIT will install (2) 16-Door controllers. CIT will install (37) Verkada readers. Public Safety CIT will install (2) 16-Door controllers. CIT will install (20) Verkada readers. o Public Safety has (11) doors with keypad readers that will be repurposed for the installation. An assumption that keypad readers are communicating on a 4bit burst. Utility Maintenance CIT will install (1) 4-Door controller. CIT will install (3) Verkada readers. Vehicle Maintenance CIT will install (1) 4-Door controller. CIT will install (4) Verkada readers. o Vehicle Maintenance has (1) door with keypad reader that will be repurposed for the installation. An assumption that keypad readers are communicating on a 4bit burst. Verizon Building CIT will install (1) 4-Door controller. CIT will install (1) Verkada reader. Golf Maintenance CIT will install (1) 4-Door controller. CIT will install (2) Verkada readers. Assumptions: CIT will utilize existing door hardware, cabling, power supplies, etc. and assumes it is in working condition and meets current codes. If additional hardware, cabling, and/or door modifications are needed these will be handled through a change order process. CIT assumes current key fobs and cards used by the City of Golden Valley are compatible with the Verkada system. If additional key fobs or cards are needed, they will be handled through a change order. Work to be performed during normal business hours (M-F, 7am-5pm). Page: 2 of 5Quote #031475 v1 33 Service Descriptions CIT will perform work on a Time and Materials basis and only charge for the materials and labor used to complete the project. CIT is licensed and bonded following State building codes, policies, and standards for low voltage cabling. City of Golden Valley staff will be responsible for adding employee databases to Command and setting up profiles, access levels, schedules, notifications, etc. Verkada will set up a training session with key personnel to provide guidance on the setup. CIT assumes City of Golden Valley IT staff will make network configuration changes, if needed for Verkada service. CIT assumes the City of Golden Valley has available network ports for access controllers and IO panels. The City of Golden Valley is responsible for providing any additional power requirements or major conduit changes if needed for the installation. Responsibilities & Assumptions Customer will allow appropriate CIT staff access to all information, areas and equipment needed to ensure a successful completion of the proposed project. Customer will be responsible for designating a primary contact that will be available to work with CIT staff members and will be a resource during the organization for this project. CIT will not be held responsible for delays in the time table due to the unavailability of information or resources from Customer sources. CIT Install & Material Description Qty Price Ext. Price Access Control Cabling and Materials 1 $4,450.00 $4,450.00 Access Control Installation Estimate 1 $47,000.00 $47,000.00 Subtotal:$51,450.00 Page: 3 of 5Quote #031475 v1 34 Verkada Access Control 10YR Install Prepared by:Prepared for:Quote Information: Computer Integration Technologies, Inc. City of Golden Valley Quote #: 031475 Nick Lesneski 651.255.5734 Fax 651.450.0300 nick.lesneski@cit-net.com 7800 Golden Valley Road Golden Valley, MN 55427 John Peterson (763) 593-8015 jpeterson@goldenvalleymn.gov Version: 1 Delivery Date: 08/01/2024 Expiration Date: 10/15/2024 Quote Summary Description Amount CIT Install & Material $51,450.00 Subtotal:$51,450.00 Shipping:$2,312.00 Total:$53,762.00 By signing this quote, it is assumed that CIT will proceed with placing orders for the recommended products and services. Quoted prices are based upon market pricing at the time of the quote. Due to fluctuating market conditions, pricing for third-party hardware, services, and related products are subject to change due to the market pricing in effect at the time of delivery. CIT will make commercially reasonable efforts to communicate with the customer for material price increases prior to delivery. Beyond the standard configuration and deployment of the tool/service, additional configuration, tuning will be billed T&M. Quotes are subject to customer credit terms and conditions. CIT requires 50% down payment upon acceptance on all orders over $10,000 unless prior approval has been given. Additional down payment may be required if customer credit line is insufficient. Each of the parties hereto has caused this Schedule to be duly executed by their authorized representatives on the date expressed below. The terms of this project proposal ("Schedule") by and between Computer Integration Technologies, Inc., (“CIT”) and Customer are part of, and are hereby incorporated into, the Master Service Agreement executed by CIT and Customer. Please do not pay from quote; taxes, shipping, handling and other fees may apply. Not all items are available for refund or exchange and must be approved by CIT prior to product return. Customers may need to work directly with manufacturers for item returns. Page: 4 of 5Quote #031475 v1 35 Computer Integration Technologies, Inc.City of Golden Valley Signature: Name:Nick Lesneski Title:Account Manager Date:08/01/2024 Page: 5 of 5Quote #031475 v1 Roslyn Harmon, Mayor City of Golden Valley 08-20-2024 Noah Schuchman, City Manager 36 Thursday, August 01, 2024 Nick Lesneski, Account Manager ● 651.255.5734 ● nick.lesneski@cit-net.com Verkada Access Control 10YR PEPPM Presented by: City of Golden Valley 37 Service Descriptions Executive Summary The City of Golden Valley has requested a proposal for Verkada Hardware and Licensing. As Per PEPPM contract #533902-155 pricing. Scope of Work Parks & Streets CIT will furnish (2) 4-Door controllers. CIT will furnish (5) Verkada readers. CIT will furnish (1) Verkada AX11 IO Panel for additional secured doors for exit only. CIT will furnish a 10-Year support licensing for doors and IO panel. Brookview Golf Course CIT will furnish (2) 4-Door controllers. CIT will furnish (1) 16-Door controller. CIT will furnish (23) Verkada readers. CIT will furnish a 10-Year support licensing for doors. City Hall CIT will furnish (2) 4-Door controllers. CIT will furnish (2) 16-Door controllers. CIT will furnish (37) Verkada readers. CIT will furnish a 10-Year support licensing for doors. Public Safety CIT will furnish (2) 16-Door controllers. CIT will furnish (20) Verkada readers. o Public Safety has (11) doors with keypad readers that will be repurposed for the installation. An assumption that keypad readers are communicating on a 4bit burst. CIT will furnish a 10-Year support licensing for doors. Utility Maintenance CIT will furnish (1) 4-Door controller. CIT will furnish (3) Verkada readers. CIT will furnish a 10-Year support licensing for doors. Vehicle Maintenance CIT will furnish (1) 4-Door controller. CIT will furnish (4) Verkada readers. o Vehicle Maintenance has (1) door with keypad reader that will be repurposed for the installation. An assumption that keypad readers are communicating on a 4bit burst. CIT will furnish a 10-Year support licensing for doors. Verizon Building CIT will furnish (1) 4-Door controller. CIT will furnish (1) Verkada reader. CIT will furnish a 10-Year support licensing for door. Golf Maintenance CIT will furnish (1) 4-Door controller. CIT will furnish (2) Verkada readers. CIT will furnish a 10-Year support licensing for door. Page: 2 of 4Quote #031679 v1 38 Verkada Description Qty Price Ext. Price Verkada AC42 4 Door Controller (AC42-HW)10 $1,350.00 $13,500.00 Verkada AC62 16 Door Controller (AC62-HW)5 $3,975.00 $19,875.00 Verkada AD33 Multi-format Card Reader (AD33-HW)95 $265.00 $25,175.00 Verkada 4AH Backup Battery for AC41, AX11, and BP41 (ACC-BAT-4AH)39 $99.00 $3,861.00 Verkada 18AH Backup Battery for AC62 (ACC-BAT-18AH)5 $550.00 $2,750.00 Verkada AX11 IO Controller (AX11-HW)1 $1,199.00 $1,199.00 Verkada 10-Year IO Controller License (LIC-AX-10Y)1 $5,127.00 $5,127.00 Verkada 10-Year Door License (LIC-AC-10Y)107 $1,281.00 $137,067.00 Subtotal:$208,554.00 Page: 3 of 4Quote #031679 v1 39 Verkada Access Control 10YR PEPPM Prepared by:Prepared for:Quote Information: Computer Integration Technologies, Inc. City of Golden Valley Quote #: 031679 Nick Lesneski 651.255.5734 Fax 651.450.0300 nick.lesneski@cit-net.com 7800 Golden Valley Road Golden Valley, MN 55427 John Peterson (763) 593-8015 jpeterson@goldenvalleymn.gov Version: 1 Delivery Date: 08/01/2024 Expiration Date: 10/27/2024 Quote Summary Description Amount Verkada $208,554.00 Total:$208,554.00 By signing this quote, it is assumed that CIT will proceed with placing orders for the recommended products and services. Quoted prices are based upon market pricing at the time of the quote. Due to fluctuating market conditions, pricing for third-party hardware, services, and related products are subject to change due to the market pricing in effect at the time of delivery. CIT will make commercially reasonable efforts to communicate with the customer for material price increases prior to delivery. Beyond the standard configuration and deployment of the tool/service, additional configuration, tuning will be billed T&M. Quotes are subject to customer credit terms and conditions. CIT requires 50% down payment upon acceptance on all orders over $10,000 unless prior approval has been given. Additional down payment may be required if customer credit line is insufficient. Each of the parties hereto has caused this Schedule to be duly executed by their authorized representatives on the date expressed below. The terms of this project proposal ("Schedule") by and between Computer Integration Technologies, Inc., (“CIT”) and Customer are part of, and are hereby incorporated into, the Master Service Agreement executed by CIT and Customer. Please do not pay from quote; taxes, shipping, handling and other fees may apply. Not all items are available for refund or exchange and must be approved by CIT prior to product return. Customers may need to work directly with manufacturers for item returns. Computer Integration Technologies, Inc.City of Golden Valley Signature: Name:Nick Lesneski Title:Account Manager Date:08/01/2024 City of Golden Valley 08-20-24 Page: 4 of 4Quote #031679 v1 Roslyn Harmon, Mayor Noah Schuchman, City Manager 40 EXECUTIVE SUMMARY Police 763-512-2345 / 763-512-2344 (fax) Golden Valley City Council Meeting August 20, 2024 Agenda Item 3D.1. Adopt Resolution No. 24-048 Accepting a Donation from Police Technology and Equipment for the Police Technology and Equipment 2024 Conference for Police Chief Virgil Green Sr. on September 18th-20th Prepared By Brittany Froberg, Police Support Services Supervisor Virgil Green, Police Chief Summary Motion to adopt Resolution No. 24-048 accepting the donation of $450.00 from Police Technology and Equipment for the Police Technology and Equipment 2024 conference on September 18th-20th. Financial or Budget Considerations This will not impact the police department budget. Legal Considerations N/A Equity Considerations N/A Recommended Action Motion to adopt Resolution No. 24-048 accepting the donation of $450.00 from The Police Technology and Equipment 2024 conference on September 18th-20th. Supporting Documents Resolution No. 24-048 - Donation for Police Chief Conference 41 RESOLUTION NO. 24-048 RESOLUTION ACCEPTING A DONATION OF A DONATION FROM POLICE TECHNOLOGY AND EQUIPMENT WHEREAS,the City Council adopted Resolution No. 04-20 on 16, 2004, which established a policy for the receipt of gifts; and WHEREAS, the Resolution states that a gift of real or personal property must be accepted by the City Council by Resolution and be approved by a two-thirds majority of the Council. A cash donation must be acknowledged and accepted by motion with a simple majority. NOW THEREFORE, BE IT RESOLVED, that the City Council accept the following donations on behalf of its residents: $450.00 in the form of a donation covering the travel, lodging, and registration fee from Police Technology and Equipment for the Police Technology and Equipment conference on September 18 th-20th. Adopted by the City Council of the City of Golden Valley, Minnesota this 20 th day of August 2024. ______________________________ Roslyn Harmon, Mayor ATTESTED: ______________________________ Theresa Schyma, City Clerk 42 EXECUTIVE SUMMARY City Manager's Office 763-512-2345 / 763-512-2344 (fax) Golden Valley City Council Meeting August 20, 2024 Agenda Item 3D.2. Adopt Resolution No. 24-049 Accepting a Donation to Cover Travel Expenses for Invited Guests to Attend an In-Person Site Visit to the Albuquerque Community Safety (ACS) Department from the Pohlad Family Foundation Prepared By Elinorah Sinyembo, Executive Assistant Summary As part of the City's ongoing commitment to equity and inclusion, the City is working to enhance services that the City offers to the community. One of the services includes exploring the expansion of public safety responses. The Pohlad Family Foundation along with the National League of Cities and other technical assistance partners have established a series of opportunities for the cities working on Reducing Harm through Collaborative Solutions. These opportunities include visiting cities like Albuquerque who have established successful models within their communities. The goal is for City staff to gain comprehensive understanding of working models and apply that knowledge to future services in Golden Valley. The Pohlad Family Foundation has provided a donation to cover airfare expenses, hotel fees, transportation, and meals on August 26th, 27th, and 28th for invited guests from the City of Golden Valley to attend an in-person site visit to the Albuquerque Community Safety (ACS) Department. Legal Considerations This item was prepared in accordance with the City's Gift and Donation Policy and using templates approved by the City Attorney. Equity Considerations The City of Golden Valley's partnership with the Pohlad Family Foundation aligns with its ongoing equity and inclusion work to recognize the historical and present disparities perpetuated by its structures, policies, and procedures, particularly within Black, Indigenous and People of Color communities. The City is committed to transforming local government to dismantle barriers, provide resources, and enhance opportunities for all of its residents and visitors. Recommended Action Motion to adopt Resolution No. 24-049 to accept a donation to cover travel expenses for invited guests to attend an in-person site visit to the Albuquerque Community Safety (ACS) Department from the Pohlad family Foundation. 43 Supporting Documents Resolution No. 24-049 - Accepting Donation from Pohlad Family Foundation 44 RESOLUTION NO. 24-049 A RESOLUTION ACCEPTING A DONATION TO COVER TRAVEL EXPENSES FOR INVITED GUESTS TO ATTEND AN IN-PERSON SITE VISIT TO THE ALBUQUERQUE COMMUNITY SAFETY (ACS) DEPARTMENT FROM THE POHLAD FAMILY FOUNDATION WHEREAS, the City Council adopted Resolution No. 04-20 on March 16, 2004, which established a policy for the receipt of gifts; and WHEREAS,the Resolution states that a gift of real or personal property must be accepted by the City Council by resolution and be approved by a two-thirds majority of the Council. A cash donation must be acknowledged and accepted by motion with a simple majority. NOW THEREFORE, BE IT RESOLVED,that the City Council accept the following donations from the Pohlad Family Foundation on behalf of its residents: $1,390.86 in the form of airfare, $1,320 in hotel fees, $111.75 for transportation, and expenses to cover meals on August 26, 27, and 28, 2024. Adopted by the City Council of the City of Golden Valley, Minnesota this day 20th day of August, 2024. ____________________________ Roslyn Harmon, Mayor ATTESTED: Theresa Schyma, City Clerk 45 EXECUTIVE SUMMARY Community Development 763-512-2345 / 763-512-2344 (fax) Golden Valley City Council Meeting August 20, 2024 Agenda Item 3E. Adopt Resolution No. 24-050 Approving No Parking Restrictions for Zane and Lindsay Project Prepared By Michael Ryan, City Engineer Summary This resolution would restrict parking on the reconstructed Zane Avenue, which is required per Municipal State Aid standards. This resolution would also restrict parking on the commercial/industrial portion of Lindsay Street, which is consistent with the goals of the project. Financial or Budget Considerations Approval of this resolution does not have a direct cost. As part of this resolution, no parking signs would be provided as required for the Zane & Lindsay Project, and they have been included as line items in the bid package and the contractor cost estimate to perform the improvements. Project funding includes utility reserve funds and improvement funds sourced from Federal, State, local, and special assessment sources. Legal Considerations The parking restrictions on Zane Avenue are required per Minnesota State Statutes under 8820 based on Municipal State Aid standards and the street design. This is a permanent parking restriction unless superseded in the future. The City Attorney's office has reviewed this resolution. Equity Considerations The City's work to execute our Pavement Management Program (PMP) is consistent with the unbiased programs and services pillar of the City's Equity Plan. The PMP is an unbiased program that prioritizes streets that are not constructed to current standards, and streets that have objectively low Pavement Quality Index scores. This resolution supports the PMP goals and requirements, providing safe streets, reliable access, and consistent experiences for the community throughout the City. Recommended Action Motion to adopt Resolution No. 24-050 Approving No Parking Restrictions for Zane and Lindsay Project. Supporting Documents 46 Resolution No. 24-050 - Parking Restrictions - Zane Lindsay Project Zane & Lindsay Project Location - Parking Restrictions.pdf 47 RESOLUTION NO. 24-050 A RESOLUTION RESTRICTING PARKING ON ZANE AVENUE AND LINDSAY STREET WHEREAS, the City Council has the power and authority, pursuant to City Code Section 26-45, subd. 2 to designate no parking zones and areas; and WHEREAS, the City wishes to create no parking zones on certain portions of Zane Avenue and Lindsay Street as part of the Zane Avenue and Lindsay Street Project; and WHEREAS, parking restrictions are required per Municipal State Aid (MSA) standard on Zane Avenue; and WHEREAS, parking restrictions are beneficial on the western portion of Lindsay Street where commercial parking should not obstruct or occupy the street. NOW THEREFORE, BE IT RESOLVED,BY THE CITY COUNCIL OF THE CITY OF GOLDEN VALLEY, MINNESOTA that this Council hereby authorizes parking restrictions on the following roadways: Both sides of Zane Avenue between Olson Memorial Highway Frontage Road North and Golden Valley Road. Both sides of Lindsay Street, between Zane Avenue and a point approximately 540’ east of the Zane Avenue and Lindsay Street intersection centroid, where the adjacent zoning designation transitions from Industrial to Residential. These parking restrictions shall supersede all previous parking restriction resolutions on the roadway sections described above. Passed by the City Council of the City of Golden Valley, Minnesota this 20th day of August, 2024. ____________________________ Roslyn Harmon, Mayor Attested: _______________________ Theresa Schyma, City Clerk 48 !!!!!!!!!!!!Lilac Dr NTopel Rd Phoenix StWelcomeAveNWelcomeCir Z a n e Av e NLindsay St Zane Ave NOak Grove CirLilac Dr NN Frontage Rd S Frontage Rd Olson Mem HwyLilac Dr NOls o n Memorial Hwy Valleywo odCirG o ld e n V a lleyR dHwy100Hwy 55 LilacLoopI 0 350 700175Feet Print Date: 12/28/2023Sources:-Hennepin County Surveyors Office for Property Lines (2023).-City of Golden Valley for all other layers. CIP Streets 2024, 0.53 miles State Aid 2024, 0.27 miles local Zane Ave / Lindsay StReconstruction P roject 49 EXECUTIVE SUMMARY Finance 763-512-2345 / 763-512-2344 (fax) Golden Valley City Council Meeting August 20, 2024 Agenda Item 4A. Public Hearing for Levy 25063 to Approve the Special Assessments for the Zane Avenue and Lindsay Street Improvement Project, Resolution No. 24-051 Prepared By Lyle Hodges, Finance Director Summary The following resolution requires approval for the certification of special assessments for the Zane Avenue and Lindsay Street project. This project is financed by selling General Obligation Bonds for the construction of the street portion of the project. These bonds need to be financed by a minimum of 20% from special assessments. The remaining costs are funded by bond sales that are paid back through a City tax levy. The following meetings were held on the Zane Avenue and Lindsay Street Improvement Project: May 4, 2022 - 1st Open House January 24, 2024 - 2nd Open House March 6, 2024 - Public Hearing - Proposed Improvements May 7, 2024 - Public Hearing - Proposed Improvements June 13, 2024 - Project Bid Opening August 20, 2024 - Public Hearing - Proposed Assessments August 20, 2024 - Award Contract A legal notice was published on August 1, 2024. On August 1, 2024, all property owners were mailed a hearing notice of the assessment. Property owners have until November 7, 2024 to make payment with no interest. After that date the amount will be certified and paid with property taxes at a 5.0% interest rate. The Zane Avenue and Lindsay Street Improvement Project includes various improvements for streets, sidewalks, storm sewer, sanitary sewer, watermain, and associated miscellaneous improvements in the following locations: All properties in the NW ¼, and N ½ of the SW ¼, of Section 33, Township 118 North, Range 21 West of the 5th Principal Meridian; within the City of Golden Valley, Hennepin County, Minnesota, that are adjacent to the following streets: 50 Zane Avenue North: Olson Memorial Highway Frontage Road North to Golden Valley Road Lindsay Street: Zane Avenue North to Lilac Drive Financial or Budget Considerations This project is included in the 2024-2033 Capital Improvement Plan in three components totaling $9,350,000. Those projects include $2,000,000 for Water and Sewer project W&SS-105, $850,000 for Storm Water project SS-46, and $6,500,000 for Streets project S-009. Legal Considerations The City Attorney has reviewed this item. Equity Considerations The purpose of this assessment process is to equitably fund the cost of improvements to the City of Golden Valley's infrastructure. The Zane Avenue and Lindsay Street Improvement Project has followed a process consistent with the City's policies and established approach to infrastructure project financing. Recommended Action Motion to adopt Resolution No. 24-051 confirming assessment for levy 25063 to approve the special assessments for the Zane Avenue and Lindsay Street Improvement Project. Supporting Documents Zane & Lindsay Project Location Map Zane Avenue and Lindsay Street Improvement Project List of Addresses Resolution No. 24-051 - Zane Avenue and Lindsay Street Improvement Project 51 !!!!!!!!!!!!Lilac Dr NTopel Rd Phoenix StWelcomeAveNWelcomeCir Z a n e Av e NLindsay St Zane Ave NOak Grove CirLilac Dr NN Frontage Rd S Frontage Rd Olson Mem HwyLilac Dr NOls o n Memorial Hwy Valleywo odCirG o ld e n V a lleyR dHwy100Hwy 55 LilacLoopI 0 350 700175Feet Print Date: 12/28/2023Sources:-Hennepin County Surveyors Office for Property Lines (2023).-City of Golden Valley for all other layers. CIP Streets 2024, 0.53 miles State Aid 2024, 0.27 miles local Zane Ave / Lindsay StReconstruction P roject 52 Preliminary Special Assessment RollZANE AVENUE AND LINDSAY STREET RECONSTRUCTIONCity Project 23-02RESIDENTIAL ASSESSMENT RATE= $11,100.00STATE-AID FRONT FOOTAGE RATE= $160.00OTHER ZONINGS LOCAL STREET= $160.00TOTALPID HOUSE NO. STREET PROPERTY OWNERS FRONTAGE ASSMTS.3311821210057 5905 GOLDEN VALLEY RD JEW FAM/CHILDREN'S SVC MPLS190.00 $30,400.003311821220006 6005 GOLDEN VALLEY RD D & S RENTALS LLC361.72 $57,875.203311821210059 5525 LINDSAY ST G W LAWRENCE ET AL TRUST134.40 $22,200.003311821210058 5535 LINDSAY ST S F KAROLEWSKI & B M EPSTEIN149.14 $22,200.003311821210041 5540 LINDSAY ST CLIFTON PROPERTIES LLC181.17 $11,100.003311821210042 5600 LINDSAY STJ PALMISANO & K PALMISANO132.00 $11,100.003311821210048 5605 LINDSAY ST CATHARINE W NISAM227.30 $22,200.003311821210043 5620 LINDSAY ST MICHAEL A BERGQUIST ET AL108.92 $11,100.003311821210047 5625 LINDSAY ST LEO L ANDERSON JR ETAL125.05 $11,100.003311821210044 5640 LINDSAY ST A E DIETZ & A DIETZ TRSTES110.00 $11,100.003311821210046 5645 LINDSAY ST R A ANDERSON/D M L ANDERSON136.13 $11,100.003311821210045 5660 LINDSAY ST DENISE LA MERE-ANDERSON100.00 $11,100.003311821210056 5735 LINDSAY STLAKELAND MGMT SERVS INC256.59 $41,054.403311821230004 5900 OLSON MEMORIAL HWYSTORE MASTER FUNDING XVI LLC528.88 $84,620.803311821230003 815 ZANE AVE N TENNANT COMPANY642.73 $102,836.803311821210055 900 ZANE AVE N GBC PARTNERS LLP273.01 $43,681.603311821230001 925 ZANE AVE N HEINRICH ENVELOPE CO118.30 $18,928.003311821220002 925 ZANE AVE N HEINRICH ENVELOPE CO405.12 $64,819.203311821210054 1000 ZANE AVE N GBC PARTNERS LLP497.84 $79,654.403311821210052 1100 ZANE AVE N GBC PARTNERS LLP387.20 $61,984.003311821220007 1109 ZANE AVE N IMF LLC543.75 $87,000.00 53 TOTALPID HOUSE NO. STREET PROPERTY OWNERS FRONTAGE ASSMTS.3311821210051 1114 ZANE AVE NDM LLC255.00 $40,800.003311821220004 1250 ZANE AVE N TENDRIL INVESTMENTS LLC221.00 $35,360.003311821210065 5510 LINDSAY STJONATHAN KIM & MELISSA KIM68.70 $5,550.003311821210064 5520 LINDSAY ST M F ADLER TR/ADMORE PROP LLC59.96 $11,100.003311821210063 5530 LINDSAY ST HOLLY SHEETS81.00 $11,100.003311821210053 28 IMF LLC340.44 $54,470.403311821240025 701 LILAC DR N TENNANT COMPANY1,121.19 $179,390.403311821230004 5509 LINDSAY STV SIVRIVER & I SIVRIVER81.90 $5,550.00$1,160,475.2054 RESOLUTION 24-051 RESOLUTION ADOPTING AND CONFIRMING ASSESSMENTS FOR VARIOUS PUBLIC IMPROVEMENTS FOR THE ZANE AVENUE AND LINDSAY STREET IMPROVEMENT PROJECT 1. The amount proper and necessary to be specially assessed at this time for various public improvements: Project Years Interest Rate First Year Levy Total Assessed Zane Avenue and Lindsay Street Improvement Project 10 5.0%2025 $1,160,475.20 against every assessable lot, piece, or parcel of land affected thereby has been duly calculated upon the basis of benefits, without regard to cash valuation, in accordance with the provisions of Minnesota Statutes, Chapter 429, and notice has been duly published, as required by law that this Council would meet to hear, consider and pass upon all objections, if any, and said proposed assessment has at all time since its filing been open for public inspection and an opportunity has been given to all interested persons to present their objections if any, to such proposed assessments. 2. This Council, having heard and considered all objections so presented, finds that each of the lots, pieces and parcels of land enumerated in the proposed assessment was and is specially benefited by the construction of said improvement in not less than the amount of the assessment set opposite the description of each such lot, piece, and parcel of land respectively, and such amount so set out is hereby levied against each of the respective lots, pieces and parcels of land therein described. 3. The proposed assessments are hereby adopted and confirmed as the proper assessments for each of said lots, pieces and parcels of land respectively, and the assessment against each parcel, together with interest at the rate of five (5) percent per annum accruing on the full amount thereof unpaid, shall be a lien concurrent with general taxes upon parcel and all thereof. The total amount of each such assessment not prepaid shall be payable in equal annual principal installments extending over a period of years, as indicated in each case. The first of said installments, together with interest on the entire assessment for the period of January 1, 2025 through December 31, 2025, will be payable with general taxes for the year of 2024, collectible in 2025, and one of each of the remaining installments, together with one year’s interest on that and all other unpaid installments, will be paid with general taxes for each consecutive year thereafter until the entire assessment is paid. 4. Prior to certification of the assessment to the County Auditor, the owner of any lot, piece or parcel of land assessed hereby may at any time pay the whole such assessment, with interest to the date of payment, to the City Treasurer, but no interest shall be charged if such payment is made by November 7, 2024. 55 Resolution 24-051 - Continued August 20, 2024 5. The City Clerk shall, as soon as may be, prepare and transmit to the County Auditor a certified duplicate of the assessment roll, with each installment and interest on each unpaid assessment set forth separately, to be extended upon the proper tax lists of the County and the County Auditor shall thereafter collect said assessment in the manner provided by law. Adopted by the City Council of Golden Valley, Minnesota this 20th day of August 2024. _____________________________ Roslyn Harmon, Mayor ATTEST: _____________________________ Theresa Schyma, City Clerk 56 EXECUTIVE SUMMARY Community Development 763-512-2345 / 763-512-2344 (fax) Golden Valley City Council Meeting August 20, 2024 Agenda Item 6A. Zane Avenue and Lindsay Street - Award Construction Contract to Northwest Asphalt, Incorporated Prepared By Michael Ryan, City Engineer Summary Construction contract bids for the Zane Avenue and Lindsay Street Improvements Project were opened virtually on June 13, 2024. The following bids were received: Company Base Bid Bid Alternate A Bid Alternate B Northwest Asphalt, Inc.$5,899,875.94 $32,550.00 $122,062.50 GMH Asphalt Corporation $6,031,621.93 $32,712.75 $122,636.00 Park Construction Company $6,350,536.04 $31,000.00 $116,250.00 Bituminous Roadways, Inc.$6,421,445.95 $33,480.00 $124,000.00 S.M. Hentges & Sons, Inc.$6,544,000.00 $32,550.00 $122,078.00 Northdale Construction Company, Inc.$6,675,583.24 $32,550.00 $122,062.50 Meyer Contracting, Inc.$6,901,147.07 $31,633.33 $105,400.00 Low Bid Total (Base + Bid Alternate B): Northwest Asphalt, $6,021,938.44. Staff reviewed the bids and found them to be reasonable and clear. Staff recommends awarding the contract to Northwest Asphalt for work associated with the Base Bid and Bid Alternate B (Sanitary Sewer Wye Liners). Bid Alternate A (Sanitary Sewer Wye Sealing) is not included with the recommended award. Financial or Budget Considerations The cost associated with this agreement is $6,021,938.44 and included as a line item in the overall Zane Avenue and Lindsay Street Improvements project budget, which is approximately $8.6M and lower than prior estimates. This project is eligible for State Aid cost participation up to approximately 57 $3M. The general fund, general obligation bonds, and assessments are additional funding mechanisms for the overall project. Legal Considerations This agreement and contract documents, including special conditions and general conditions, have been reviewed by City staff and the City Attorney. Provisions are included for seasonal work restrictions and schedules, as the project construction is anticipated between Summer/Fall 2024 and Fall 2025. Equity Considerations The City’s work to execute our Pavement Management Program (PMP) is consistent with the unbiased programs and services pillar of the City’s Equity Plan. The Pavement Management Program is unbiased, prioritizing streets that are not constructed to current standards, and streets that objectively have low Pavement Quality Index scores. This resolution supports the PMP goals and requirements, providing safe streets, reliable access, and consistent experiences for the community throughout the City. Recommended Action Motion to approve construction agreement with Northwest Asphalt, Incorporated for the Zane Avenue and Lindsay Street Improvements Project #23-02 in the amount of $6,021,938.44. Supporting Documents 09 - Agreement and General Conditions - CONTRACT.pdf Zane & Lindsay Project Location Map.pdf 58 FC - 1 CONTRACT NO. 23-02 AGREEMENT FOR THE ZANE AVENUE AND LINDSAY STREET IMPROVEMENTS PROJECT NO. 23-02 S.A.P. 128-408-002 THIS AGREEMENT (this “Agreement”), entered into the 20 th day of August, 2024 between the City of Golden Valley (the “City”), a municipal corporation, existing under the laws of the State of Minnesota, and Northwest Asphalt, Incorporated, a corporation under the laws of Minnesota (“Contractor”). ARTICLE 1. The Contract Documents. The Contract Documents consist of: this Agreement, the Proposal and Bid of the Contractor, the Contractor’s Bonds, the General Conditions, Special Conditions and any supplementary conditions, drawings, plans, Specifications, addenda issued prior to execution of this Agreement, other documents listed herein or in any of the foregoing documents, and Modifications of the same issued after execution of this Agreement (collectively the “Contract” or “Contract Documents”). A Modification is (1) a written amendment to the Contract signed by both parties, (2) a Change Order, (3) a Construction Change Directive, or (4) a written order for a minor change in the Work issued by the Engineer. In the event of a conflict among the various provisions of the Contract Documents, the terms shall be interpreted in the following order of priority: 1. Modifications to the Contract 2. This Agreement 3. Special Conditions 4. General Conditions Drawings shall control over Specifications, and detail in drawings shall control over large-scale drawings. All capitalized terms used and not otherwise defined in this Agreement, but defined elsewhere in the Contract Documents, shall have the meaning set forth in the Contract Documents. ARTICLE 2. The Work. Contractor, for good and valuable consideration the sufficiency of which is hereby acknowledged, covenants and agrees to furnish all materials, all necessary tools and equipment, and to do and perform all work and labor necessary for Zane Avenue and Lindsay Street Improvements (23-02) (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. 59 FC - 2 ARTICLE 3. Contract Price. The City shall pay the Contractor the Contract Price in current funds for the Contractor’s performance of the Contract. The Contract Price shall be $6,021,938.44, 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 $6,021,938.44 for the use of the City and of all persons furnishing labor, skill, tools, machinery or materials to the Project. Said bonds shall secure the faithful performance and payment of the Contract by the Contractor and shall be conditioned as required by law. This Agreement shall not become effective unless and until said bonds have been received and approved by the City. ARTICLE 5. Acceptance of the Work. The City, through its authorized agents, shall be the sole and final judge of the fitness of the Work and its acceptability. ARTICLE 6. Records. Contractor shall keep as complete, exact and accurate an account of the labor and materials used in the execution of the Work as is possible, and shall submit and make this information available as maybe requested by the City. ARTICLE 7. Payment. All payments to Contractor shall be made payable to the order of Northwest Asphalt, Incorporated, and the City does not assume and shall not have any responsibility for the allocation of payments or obligations of the Contractor to third parties. ARTICLE 8. Cancellation Prior to Execution. The City reserves the right, without liability, to cancel the award of the Contract at any time before the execution of the Contract by all parties. ARTICLE 9. Special Assessment Contingency. The City’s obligation under this contract is contingent upon the availability of appropriated funds, including funds derived from special assessments, from which payment for contract purposes can be made. The City shall not be legally liable for any payment under this Agreement unless the special assessment appeal period under Minn. Stat. § 429.081 has passed and no appeals have been received. ARTICLE 10. Termination. The City may by written notice terminate the Contract, or any portion thereof, when (1) it is deemed in the best public, state or national interest to do so; (2) the Special Assessment contingency has not been met; (3) the City is unable to adequately fund payment for the Contract because of changes in state fiscal policy, 60 FC - 3 regulations or law; or (4) after finding that, for reasons beyond Contractor’s control, Contractor is prevented from proceeding with or completing the Work within a reasonable time. In the event that any Work is terminated under the provisions hereof, all completed items or units of Work will be paid for at Contract Bid Prices. Payment for partially completed items or units of Work will be made in accordance with the Contract Documents. Termination of the Contract or any portion thereof shall not relieve Contractor of responsibility for the completed Work, nor shall it relieve Contractor’s Sureties of their obligations for and concerning any just claims arising out of the Work. IN WITNESS WHEREOF, both parties hereto have caused this Contract to be signed on their respective behalves by their duly authorized offices and their corporate seals to be hereunto affixed the day and year first above written. THE CITY OF GOLDEN VALLEY, MINNESOTA BY Roslyn Harmon, Mayor BY Noah Schuchman, City Manager CONTRACTOR BY ITS 61 !!!!!!!!!!!!Lilac Dr NTopel Rd Phoenix StWelcomeAveNWelcomeCir Z a n e Av e NLindsay St Zane Ave NOak Grove CirLilac Dr NN Frontage Rd S Frontage Rd Olson Mem HwyLilac Dr NOls o n Memorial Hwy Valleywo odCirG o ld e n V a lleyR dHwy100Hwy 55 LilacLoopI 0 350 700175Feet Print Date: 12/28/2023Sources:-Hennepin County Surveyors Office for Property Lines (2023).-City of Golden Valley for all other layers. CIP Streets 2024, 0.53 miles State Aid 2024, 0.27 miles local Zane Ave / Lindsay StReconstruction P roject 62 EXECUTIVE SUMMARY City Manager's Office 763-512-2345 / 763-512-2344 (fax) Golden Valley City Council Meeting August 20, 2024 Agenda Item 6B. 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 63 Review of Council Calendar Event Event Time Location AUGUST Tuesday, August 20 City Council Meeting 6:30 PM Hybrid - Council Chambers Sunday, August 25 Market in the Valley 9:00 AM - 1:00 PM City Hall Campus SEPTEMBER Sunday, September 1 Market in the Valley 9:00 AM - 1:00 PM City Hall Campus Monday, September 2 City Offices Closed for Observance of Labor Day Tuesday, September 3 City Council Meeting 6:30 PM Hybrid - Council Chambers Friday, September 6 City Offices Closed for Annual Employee Appreciation Event 11:00 AM - 1:00 PM Sunday, September 8 Market in the Valley 9:00 AM - 1:00 PM City Hall Campus Tuesday, September 10 Special City Council Meeting (commission interviews) 5:30 PM Hybrid - Council Conference Room Council Work Session 6:30 PM Hybrid - Council Conference Room Sunday, September 15 Market in the Valley 9:00 AM - 1:00 PM City Hall Campus Tuesday, September 17 HRA Meeting 6:30 PM Hybrid - Council Chambers City Council Meeting 6:30 PM Hybrid - Council Chambers Wednesday, September 18 League of Women Voter’s Candidate Forum 7:00 PM City Hall Council Chambers Sunday, September 22 Market in the Valley 9:00 AM - 1:00 PM City Hall Campus OCTOBER Tuesday, October 1 City Council Meeting 6:30 PM Hybrid - Council Chambers Thursday, October 3 Golden Valley Business Connections 8:00 AM - 9:30 AM MRA - The Management Association, 5980 Golden Hills Drive Sunday, October 6 Market in the Valley 9:00 AM - 1:00 PM City Hall Campus Tuesday, October 8 Council Work Session 6:30 PM Hybrid - Council Conference Room Sunday, October 13 Market in the Valley - Last Day 9:00 AM - 1:00 PM City Hall Campus Tuesday, October 15 City Council Meeting 6:30 PM Hybrid - Council Chambers 64