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10-01-24 City Council Agenda October 1, 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 October 6-12, 2024 as Fire Prevention Week 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.Bids, Quotes, and Contracts: 3B.1.Approve Contract for Joint Water Commission 16-Inch Gate Valve Replacement with Valley Rich Co., Inc. 3B.2.Approve Contract for Construction Services for 2024 City Hall Upper-Level Office Remodel with Action Construction Transportation, LLC 3B.3.Approve Traffic Control Agreement with Breck School for the 2024-2025 and 2025-2026 School Years 3C.Adopt Resolution No. 24-058 Approving the Waiver of Public Hearing and Certification of Special Assessments - 2024 Private Driveways 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 2631 764 4552 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 2631 764 4552 and webinar password 1234. Press *3 to raise your hand during public comment sections. City of Golden Valley City Council Regular Meeting October 1, 2024 — 6:30 PM 1 3D.Adopt Resolution No. 24-059 Approving the Waiver of Public Hearing and Certification of Special Assessments - 2024 PMP Sanitary Sewer Repairs 3E.Adopt Resolution No. 24-060 Approving the Appointment of Additional Election Judges for the November 5, 2024 General Election 4.Public Hearing 4A.Public Hearing - Special Assessments for 2024 Delinquent Utility Bills, Resolution No. 24- 061 4B.Public Hearing - Special Assessments for 2024 Delinquent Miscellaneous Charges, Resolution No. 24-062 5.Old Business 6.New Business 6A.Review of Council Calendar 6B.Mayor and Council Communications 1. Other Committee/Meeting updates 7.Adjournment City of Golden Valley City Council Regular Meeting October 1, 2024 — 6:30 PM 2 EXECUTIVE SUMMARY Fire 763-512-2345 / 763-512-2344 (fax) Golden Valley City Council Meeting October 1, 2024 Agenda Item 1C. Proclamation Recognizing October 6-12, 2024 as Fire Prevention Week Prepared By Bethany Brunsell, Fire Chief Alisa Schuster, Assistant Fire Chief Summary Fire Prevention Week was first officially recognized in 1925 by President Calvin Coolidge, making it the longest-running official public health observance in the United States. Each year Fire Prevention Week is observed during the week of October 9th, in recognition of the Great Chicago Fire which began on October 8, 1871, which killed more than 250 people, leaving more than 100,000 homeless, and destroyed more than 17,400 structures. The theme for this year's Fire Prevention Week is "Smoke alarms: Make them work for you." Having working smoke alarms in a home more than doubles the chances of surviving a home fire. We encourage all members of our community to have working smoke alarms in every bedroom, outside every sleeping area, and on every level of their home. Alarms should be tested at least monthly and should be replaced at least every 10 years. We encourage our community to attend our Fire Prevention Week Open Houses being held on Saturday, October 12 from 10 AM to noon at each of our three fire stations. Financial or Budget Considerations None Legal Considerations None Equity Considerations None Recommended Action Motion to support a proclamation recognizing October 6-12, 2024 as Fire Prevention Week. Supporting Documents Proclamation Recognizing Fire Prevention Week 3 CITY OF GOLDEN VALLEY PROCLAMATION RECOGNIZING FIRE PREVENTION WEEK OCTOBER 6-12, 2024 WHEREAS,the City of Golden Valley is committed to ensuring the safety and security of all those living in and visiting our state; and WHEREAS,fire is a serious public safety concern both locally and nationally, and homes are the locations where people are at greatest risk from fire; and WHEREAS,home fires killed more than 2,700 people in the United States in 2022, according to the National Fire Protection Association® (NFPA®), and fire departments in the United States responded to 360,000 home fires; and WHEREAS,roughly three out of five fire deaths happen in homes with either no smoke alarms or with no working smoke alarms; and WHEREAS,working smoke alarms cut the risk of dying in reported home fires almost in half; and WHEREAS,smoke alarms sense smoke well before you can, alerting you to danger in the event of fire in which you may have as little as 2 minutes to escape safely; and WHEREAS,Golden Valley community members should install smoke alarms in every sleeping room, outside each separate sleeping area, and on every level of the home; and WHEREAS,Golden Valley community members will make sure their smoke alarms meet the needs of all their family members, including those with sensory or physical disabilities; and WHEREAS,Golden Valley community members should test smoke alarms at least once a month; and WHEREAS,community members who have planned and practiced a home fire escape plan are more prepared and will therefore be more likely to survive a fire; and WHEREAS,Golden Valley’s first responders are dedicated to reducing the occurrence of home fires and home fire injuries through prevention and protection education; and WHEREAS,Golden Valley’s community members are responsive to public education measures and are able to take personal steps to increase their safety from fire, especially in their homes; and 4 WHEREAS,the 2024 Fire Prevention WeekTM theme, “Smoke alarms: Make them work for you.TM,” serves to remind us the importance of having working smoke alarms in the home. NOW, THEREFORE, BE IT RESOLVED that that the City Council of the City of Golden Valley does hereby proclaim October 6–12, 2024, as Fire Prevention Week and we urge all the people of Golden Valley to make sure their homes have working smoke alarms and to support the many public safety activities and efforts of Golden Valley’s fire and emergency services. IN WITNESS WHEREOF,that I, Mayor Roslyn Harmon, proudly certify this proclamation with my signature and the seal of the City of Golden Valley on October 1, 2024. ___________________________ Roslyn Harmon, Mayor 5 EXECUTIVE SUMMARY Administrative Services 763-512-2345 / 763-512-2344 (fax) Golden Valley City Council Meeting October 1, 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: 09-18-2024 Check Register 09-25-2024 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. 6 EXECUTIVE SUMMARY Public Works 763-512-2345 / 763-512-2344 (fax) Golden Valley City Council Meeting October 1, 2024 Agenda Item 3B.1. Approve Contract for Joint Water Commission 16-Inch Gate Valve Replacement with Valley Rich Co., Inc. Prepared By Tim Kieffer, Public Works Director Joe Hansen, Utility Maintenance Superintendent Summary A Joint Water Commission (JWC) watermain gate valve located on Olympia Street at Louisiana Avenue North does not completely close and needs to be replaced. The JWC approved replacing the 16-inch valve at their September 4, 2024, meeting. Gate valves are critical in maintaining the water distribution system and limiting the number of affected properties by isolating the water supply during emergency repairs. The JWC Technical Advisory Committee solicited quotes to install the valve. Two quotes were received and are shown below: Contractor Amount Valley Rich Co., Inc.$21,200 United Water and Sewer Co. $26,400 The project will be administered by the city and reimbursed through the Joint Water Commission. Staff anticipates the project being completed in October. Financial or Budget Considerations The 2024-2033 JWC Capital Improvement Program includes $180,000 for Replace Trunk Valves (#14- 027). Legal Considerations The City Attorney has reviewed and approved the contract. Equity Considerations The purchase satisfies Pillar 3 of the Equity Plan by providing unbiased programs and services. Reliable potable water service is essential for public health, safety, and the economic vitality of a community. Recommended Action 7 Motion to approve the Mayor and City Manager to execute the Contract for Joint Water Commission 16-Inch Gate Valve Replacement with Valley Rich Co., Inc. in the form approved by the City Attorney. Supporting Documents Contract for Joint Water Commission 16-inch Gate Valve Replacement with Valley Rich Co., Inc. 8 1 CONTRACT FOR JOINT WATER COMMISSION 16-INCH GATE VALVEREPLACEMENT WITH VALLEY RICH CO., INC. THIS AGREEMENT is made this1st day of October 2024(the “Effective Date”) by and between Valley Rich Co., Inc., a sewer and water contractor located at 147 Jonathan Boulevard North #4, Chaska, MN 55318 (“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 excavatingto repair,replace, and relocatepotable water distribution components. B. The City desires to hire Contractor to repair, replace, and relocate potable water distribution components. C. Contractor represents that it has the professional expertise and capabilities to provide the City with the requested work. D. The City desires to engage Contractor to provide the work described in this Agreement and Contractor is willing to provide such work on the terms and conditions in this Agreement. NOW, THEREFORE, in consideration of the terms and conditions expressed herein, the City and Contractor agree as follows: AGREEMENT 1.The Work.Contractor shall perform the work more fully described in the attached Exhibit A (the “Work”). The Work includes all work and services required by this Agreement, whether completed or partially completed, and includes all labor, materials, equipment, and services provided or to be provided by Contractor to fulfill Contractor’s obligations. All Work shall be completed according to the specifications set forth in the attached Exhibit B. Contractor shall at all times keep the premises free from accumulation of waste materials and debris caused by Contractor’s operations. 2.Time for Completion.The Contractor shall proceed diligently and shallcomplete the Work to the satisfaction and approval of the City’s authorized agent according to the deadlines set forth in Exhibit A (the “Contract Time”). Contractor shalltonotify the City in writing of any cause of delay of the Workwithin 24 hours after such cause of delay arises. If Contractor fails to complete the Work by the Contract Time, the City may immediately, or at any time thereafter, proceed to complete the Work at the Contractor’s expense. If Contractor gives written notice of a delay over which Contractor has no control, the City may, at its discretion, extend the Contract Time. 3.Consideration.In consideration of the performance of the Work, the City shall pay to Contractor $21,200.00 (the “Contract Price”). The consideration shall be for both the Work performed by Contractor and the expenses incurred by Contractor in performing the Work. Contractor shall submit statements to the City containing a detailed list of project labor and hours, rates, titles, and amounts undertaken by 9 2 Contractor during the relevant billing period. The City shall pay Contractor within thirty (35) days after receiving a statement from Contractor. 4.Extra Work.Unless approved by the City in writing, Contractor shall make no claim for extra work done or materials furnished, nor shall Contractor do any work or furnish any materials not covered by the plans and specifications of this Agreement. Any such work or materials furnished by Contractor without written City approval shall be at Contractor’s own risk and expense. Contractor shall perform any altered plans ordered by the City; if such alteration reduces the cost of doing such work, the actual amount of such reduction shall be deducted from the contract price for the Work. 5.Contract Documents.The Contract Documents shall consist of this Agreement; all exhibits to this Agreement, which are incorporated herein by reference; any supplementary drawings, plans, and specifications; and other documents listed herein. In the event of a conflict among the various provisions of the Contract Documents, the terms shall be interpreted in the following order of priority: a. Modifications to this Agreement b. This Agreement, including all exhibits c. Supplementary drawings, plans, specifications d. Other documents listed in this Agreement Drawings shall control over Specifications, and detail in drawings shall control over large-scale drawings. All capitalized terms used and not otherwise defined in this Agreement, but defined elsewhere in the Contract Documents, shall have the meaning set forth in the Contract Documents. 6.Expense Reimbursement.Contractor shall not be compensated separately for necessary incidental expenses. All expenses of Contractor shall be built into Contractor’s fixed compensation rate, unless reimbursement is provided for an expense that received the prior written approval of the City, which approval may be provided via electronic mail. 7.Approvals.Contractor shall secure the City’s written approval before making any expenditures, purchases, or commitments on the City’s behalf beyond those listed in the Work. The City’s approval may be provided via electronic mail. 8.Protection of Persons and Property.Contractor shall be responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the performance of the Work. Contractor shall take reasonable precautions for the safety of, and shall provide reasonable protection to prevent damage, injury, or loss to: a. Persons performing the Work and other persons who may be affected by the Work; b. The Work and materials and equipment to be incorporated therein; and c. Other property at the site or adjacent to the site, such as trees, shrubs, lawns, walks, pavement, roadways, structures and utilities. Contractor shall promptly remedy damage and loss to property caused in whole or in part by Contractor or any of its subcontractors, agents, or anyone directly or indirectly employed by any of them. 10 3 9.Acceptance of the Work. All of the Contractor’s work and labor shall be subject to the inspection and approval of the City. If any materials or labor are rejected by the City as defective or unsuitable, then the materials shall be removed and replaced with other approved materials and the labor shall be done 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 Certificate of Final Payment (the “Final Payment”) issued by the City, which shall state the date on which the City accepts the completed Work (the “Final Completion Date”). 10.Warranty.Contractor represents and warrants that it has the requisite training, skills, and experience necessary to complete the Work, is appropriately licensed by all applicable agencies and governmental entities, and will complete the Work in a manner consistent with the level of care and skill ordinarily exercised by professionals currently providing similar work. Contractor further represents and warrants to the City that the materials and equipment furnished under this Agreement are of good quality and new, unless this Agreement requires or permits otherwise. Contractor further warrants that the Work will conform to the requirements of this Agreement and will be free from defects. Work, materials, or 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. 11.Guarantee.Contractor guarantees and agrees to maintain the stability of the Work and materials furnished and installed under this contract for a period of one year after the Final Completion Date (the “Guarantee Period”). Contractor agrees to perform fully all other guarantees as set forth in the specifications. If any of the Work is found to be not in accordance with the requirements of the Contract during the Guarantee Period, Contractor shall correct it promptly after receipt of notice from the City to do so. The City shall give such notice promptly after discovery of the condition. If Contractor fails to correct nonconforming Work within a reasonable time after receipt of notice from the City, the City may correct the Work at Contractor’s expense. The Guarantee Period shall be extended with respect to portions of Work first performed after the Final Completion Date by the period of time between Final Payment and the actual completion of that portion of the Work. The one-year period for correction of Work shall not be extended by corrective Work performed by Contractor pursuant to this Section. Nothing contained in this Section shall be construed to establish a period of limitation with respect to other obligations Contractor has under the Contract Documents. Establishment of the one-year period for correction of Work as described in this Section relates only to the specific obligation of Contractor to correct the Work, and has no relationship to the time within which the obligation to comply with the Contract Documents may be sought to be enforced, nor to the time within which proceedings may be commenced to establish Contractor’s liability with respect to Contractor’s obligations other than specifically to correct the Work. 11 4 12.Termination.This Agreement shall remain in force and effect commencing from the effective date and continuing until the completion of all of the parties’ obligations hereunder, unless terminated by the City or amended pursuant to the Agreement. Notwithstanding any other provision hereof to the contrary, this Agreement may be terminated as follows: a. The parties, by mutual written agreement, may terminate this Agreement at any time; b. Contractor may terminate this Agreement in the event of a breach of the Agreement by the City upon providing thirty (30) days’ written notice to the City; c. The City may terminate this Agreement at any time at its option, for any reason or no reason at all; or d. The City may terminate this Agreement immediately upon Contractor’sfailure to have in force any insurance required by this Agreement. In the event of a termination, the City shall pay Contractorfor Work performed to the date of termination and for all costs or other expenses incurred prior to the date of termination. 13.Amendments.No amendments may be made to this Agreement except in a writing signed by both parties. 14.Remedies. In the event of a termination of this Agreement by the City because of a breach by Contractor, the City may complete the Work either by itself or by contract with other persons or entities, or any combination thereof. These remedies provided to the City for breach of this Agreement by Contractor shall not be exclusive. The City shall be entitled to exercise any one or more other legal or equitable remedies available because of Contractor’s breach. 15.Records/Inspection.Pursuant to Minnesota Statutes § 16C.05, subd. 5, Contractor agrees that the books, records, documents, and accounting procedures and practices of Contractor, that are relevant to the contract or transaction, are subject to examination by the City and the state auditor or legislative auditor for a minimum of six years. Contractor shall maintain such records for a minimum of six years after final payment. The parties agree that this obligation will survive the completion or termination of this Agreement. 16.Indemnification.To the fullest extent permitted by law, Contractor, and Contractor’s successors or assigns, agree to protect, defend, indemnify, save, and hold harmless the City, its officers, officials, agents, volunteers, and employees from any and all claims; lawsuits;causes of actionsof any kind,nature, or character; damages; losses; andcosts, disbursements, and expenses of defending the same, including but not limited to attorneys’ fees, professional services, and other technical, administrative or professional assistance resulting from or arising out of Contractor’s (or its subcontractors, agents, volunteers, members, invitees, representatives, or employees) performance of the duties required by or arising from this Agreement, or caused in whole or in part by any negligent act or omission or willful misconduct by Contractor, or arising out of Contractor’s failure to obtain or maintain the insurance required by this Agreement. Nothing in this Agreement shall constitute a waiver or limitation of any immunity or limitation on liability to which the City is entitled. The parties agree that these indemnification obligations shall survive the completion or termination of this Agreement. 17.Insurance.Contractor shall maintain reasonable insurance coverage throughout this Agreement. Contractor agrees that before any work related to the approved project can be performed, Contractor shall maintain at a minimum: 12 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. 13 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 inthe independent performance of the same or similar workfor others. Contractor shall provide or contract for all required equipment and personnel. Contractor shall control the manner in which the Work is performed; however, the nature of the Work and the results to be achieved shall be specified by the City.The parties agree that this is not a joint venture and the parties are not co-partners. Contractoris not an employee or agent of the City and has no authority to make any binding commitments or obligations on behalf of the City except to the extent expressly provided in this Agreement. All Work provided by Contractor pursuant to this Agreement shall be provided by Contractor as an independent contractor and not as an employee of the City for any purpose, including but not limited to: income tax withholding, workers' compensation, unemployment compensation, FICA taxes, liability for torts and eligibility for employee benefits. 21.Compliance with Laws.Contractorshall exercise due professional care to comply with applicable federal, state and local laws, rules, ordinances and regulations in effect as of the Effective Date. Contractor’sguests, invitees, members, officers, officials, agents, employees, volunteers, representatives, and subcontractors shall abide by the City’s policies prohibiting sexual harassment and tobacco, drug, and alcohol use as defined on the City’s Tobacco, Drug, and Alcohol Policy, as well as all other reasonable work rules, safety rules, or policies, and procedures regulating the conduct of persons on City property, at all times while performing duties pursuant to this Agreement. Contractor agrees and understands that a violation of any of these policies, procedures, or rules constitutes a breach of the Agreement and sufficient grounds for immediate termination of the Agreement by the City. 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 14 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. Contractoragrees to notify the City within three business days if it receives a data request from a third party. This paragraph does not create a duty on the part of Contractor to provide access to public data to the public if the public data are available from the City, except as required by the terms of this Agreement. These obligations shall survive the termination or completion of this Agreement. 29.No Discrimination.Contractor agrees not to discriminate in providing the Work under this Agreement on the basis of race, color, sex, creed, national origin, disability, age, sexual orientation, status with regard to public assistance, or religion. Violation of any part of this provision may lead to immediate termination of this Agreement. Contractor agrees to comply with Americans with Disabilities Act as amended (“ADA”), section 504 of the Rehabilitation Act of 1973, and the Minnesota Human Rights Act, Minnesota Statutes, Chapter 363A. Contractoragrees to hold harmless and indemnify the City from costs, including but not limited to damages, attorneys’ fees and staff time, in any action or proceeding brought alleging a violation of these laws by Contractor or its guests, invitees, members, officers, officials, agents, employees, volunteers, representatives and subcontractors. Upon request, Contractor shall provide accommodation to allow individuals with disabilities to participate in all Work under this Agreement. Contractor agrees to utilize its own auxiliary aid or service in order to comply with ADA requirements for effective communication with individuals with disabilities. 30.Authorized Agents.The City’s authorized agent for purposes of administration of this contract is Tim Kieffer, or designee. Contractor’s authorized agent for purposes of administration of this contract is Pete Nasvik, 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 Valley Rich Co., Inc. 147 Jonathan Boulevard North #4 Chaska, MN 55318 pete@valleyrich.com City of Golden Valley 7800 Golden Valley Road Golden Valley, MN 55427 tkieffer@goldenvalleymn.gov or such other contact information as either party may provide to the other by notice given in accordance with this provision. 32.Waiver.No waiver of any provision or of any breach of this Agreement shall constitute a waiver of any other provisions or any other or further breach, and no such waiver shall be effective unless made in writing and signed by an authorized representative of the party to be charged with such a waiver. 15 8 33.Headings.The headings contained in this Agreement have been inserted for convenience of reference only and shall in no way define, limit or affect the scope and intent of this Agreement. 34.Severability.In the event that any provision of this Agreement shall be illegal or otherwise unenforceable, such provision shall be severed, and the balance of the Agreement shall continue in full force and effect. 35.Signatory.Each person executing this Agreement (“Signatory”) represents and warrants that they are duly authorized to sign on behalf of their respective organization. In the event Contractor did not authorize the Signatory to sign on its behalf, the Signatory agrees to assume responsibility for the duties and liability of Contractor, described in this Agreement, personally. 36.Counterparts and Electronic Communication.This Agreement may be executed in two or more counterparts, each of which shall be deemed an original, but all of which taken together shall constitute one and the same instrument. This Agreement may be transmitted by electronic mail in portable document format (pdf) and signatures appearing on electronic mail instruments shall be treated as original signatures. 37.Recitals.The City and Contractor agree that the Recitals are true and correct and are fully incorporated into this Agreement. IN WITNESS WHEREOF,the City and Contractor have caused this Independent Contractor Agreement to be executed by their duly authorized representatives in duplicate on the respective dates indicated below. VALLEY RICH CO.,INC.:CITY OF GOLDEN VALLEY: By: _________________________________ Pete Nasvik, Project Manager By: _________________________________ Roslyn Harmon, Mayor By: _________________________________ Noah Schuchman, City Manager 16 EXHIBIT A SCOPE OF WORK 1.Work. The Work shall include all labor and equipment necessary to replace a 16-inch gate valves andother potable water distribution components as necessary. The Work shall include, but is not limited to, excavation; removal and disposal of old gate valve; installation of new gate valve; and backfill and compact the excavated trench. The City shall be responsible for saw-cutting, bituminous and concrete repair, turf restoration, and trucking. The City shall furnish new gate valve, parts, and bolts. Newly installed bolts shall be sprayed with an approved automobile undercoating agent after installation and wrap entire valve assembly in plastic. All bolts on the valve shall be replaced, including the bolts that connect the valve to the existing pipe material. All bolts and nuts used for this project shall be stainless steel or “Core Blue” as approved by the Authorized Agent. Each excavation of gate valve may include supplemental work as follows: A. Type A – Street Repair Removal of bituminous. Replace gate valve and adjust new valve box to within 1/4 inch below top of wear course grade. Installation and compaction of 6 inches of Class 5 per City of Golden Valley Standard Details herein Exhibit C. B. Type B – Street & Curb Repair Removal of bituminous and concrete curb and gutter. Replace gate valve and adjust new valve box to within 1/4 inch below top of wear course grade. Installation and compaction of 6 inches of Class 5 per City of Golden Valley Standard Details herein Exhibit C. C. Type C – Sidewalk/Concrete Repair Removal of concrete sidewalk and/or driveway. Replace gate valve and adjust new valve box to within 1/4 inch below top of concrete grade. Installation and compaction of 4 inches of Class 5 per City of Golden Valley Standard Details. D. Type D – Concrete/Sod Repair Removal of concrete curb and gutter. Replace gate valve and adjust new valve box to within 1/4 inch below sod grade. Installation and compaction of 4 inches of Class 5 per City of Golden Valley Standard Details. E. Type E – Sod Repair Adjust new valve box to within ¼ inch below sod grade. 2.Schedule.The Work shall commence October 2, 2024 and conclude October 31, 2024. 3.Location.The Location Map herein Exhibit A identifies the location of each repair. The location of the new valve is at the intersection of Louisiana Avenue North and Olympia Street within the City of Golden Valley, Minnesota city limits. 17 18 EXHIBIT B SPECIAL CONDITIONS 1.Responsible Contractor Certification. Contractor and subcontractor(s) shall be a “responsible contractor” as defined in Minnesota Statutes §16C.285, subdivision 3. Contractor or subcontractor(s) that do not meet the minimum criteria established in Minnesota Statutes §16C.285, subdivision 3, or who fails to verify compliance with the minimum requirements, will not be a “responsible contractor” and will be ineligibleto perform the Work. Contractor and subcontractor(s) are that make a false statement verifying compliance with any of the minimum criteria shall result in the termination of this Agreement. 2.Pre-Construction Meeting. Prior to the beginning of construction operations, a pre-construction meeting shall be held and shall be attended by the authorized representatives of the City and persons of the contracting company who will have direct responsibility for workmanship and/or materials used on the project. The conference will disclose all aspects for execution and schedule of the Work. Agreement on any and all questionable measurements, materials, methods or other matters shall be made at this conference. Contractor shall submit the following at the pre-construction meeting: A. Critical path phasing plan and schedule, which details all controlling operations. This shall be submitted a minimum of three (3) days before the pre-construction meeting. B. General project contact information including emergency contacts. C. Traffic Control plan. 3.Safety Precautions and Accident Prevention. The Contractor shall observe and comply with all requirements to the safety of the workforce to be employed on the project. Contractor shall comply with all safety measures recommended and required by any governmental agency, including the Department of Labor and Industry, Division of Accident Prevention of the Industrial Commission of Minnesota, and with the requirements of the Workmen's Compensation Act and any amendments thereof. Attention is called to the other paragraphs of these Special Conditions covering safety precautions and accident prevention. The Contractor shall be responsible for all safety issues on this project. The Contractor shall comply with instructions from the City for implementing any additional requirements for safety concerns. 4.Permits and Licenses.Contractor shall procure all permits and licenses as required, pay all charges and fees and give all notices necessary and incidental to the due and lawful prosecution of the Work. 5.Locating Utilities. Contractor shall obtain field locations or other assistance as may be required to determine the existence and location of gas mains and other private utilities, as well as, public utilities of the City, County or State, which may be underground or overhead within street and highway rights-of-way or within easements and which may be interfered with by the Work prior to the Work. Existing underground, surface or overhead structures are not necessarily shown on the Plans; and those shown are only correct to the level of accuracy permitted by the locations both from field located and record drawings, established by the utility owners. The City does not assume any responsibility for the accuracy of the disclosed locations. Contractor shall be responsible for all verifying all utility location by contacting Gopher State One-Call (651.454.0002) prior to 19 beginning the Work. Contractor shall also make such investigations as are necessary to determine the extent to which existing structures may interfere with the Work. Contractor shall not claim or be entitled to receive compensation for any damages sustained by reason of the inaccuracy of the omission of any of the information given relative to the surface, overhead or underground structures or by reason of Contractor’s failure to properly protect and maintain such structures. 6.Utility Conflicts.Contractor shall coordinate its efforts with private utility companies so the Work can be done in a timely manner. Contractor shall schedule or redirect its Work to ensure that utility company relocates, installations, and/or removals do not impede progress of the Work. Contractor waives claims for any and all costs or damages due to alleged delay, disruption, or acceleration; and releases the City from any such claims, to the extent the claim is due to the failure of any private utility with facilities affected by the Workto promptly relocate, remove, or adjust such facilities. It is anticipated that some facilities will be in conflict with the work on this project that Contractor will be expected to guard and protect these facilities. No claims for extra compensation to perform the Work are due to conflicts with in-place utilities shall be considered. Likewise, no claim for delays due to conflicts with in-place utilities shall be considered. 7.Mobilization (2021). The lump sum for mobilization is to include all aspects of work and shall include mobilization to all the areas identified in the Location Maps herein Exhibit A. 8.DOT Compliance. All of Contractor’s drivers performing work for the Citymust be in compliance with DOT requirements related to holding a Commercial Driver’s License (CDL). Contractor shall be responsible for ensuring its own compliance with all applicable DOT regulations and requirements, including but not limited to DOT regulations related to drug testing and the maintenance of drug testing records. Contractor shall indemnify and hold harmless the City for any fines incurred as a result of Contractor’s failure to comply with DOT requirements as set forth above. It shall be Contractor’s responsibility to comply and provide evidence to the City of DOT compliance upon request. 9.Hours of Operation.Work shall occur Monday through Friday from 7:00 a.m. to 7:00 p.m., excluding holidays. On streets designated as high-volume or County roadways, Contractor’s Work shall be restricted to the hours of 9:00 a.m. to 3:30 p.m., or after 6:00 p.m. for any Work within the traveled portion of the roadway. High Volume Roadways A. Betty Crocker Boulevard between US 169 and General Mills Blvd B. Boone Avenue North between TH 55 and Plymouth Ave C. General Mills Boulevard between Wayzata Blvd and TH 55 D. Golden Hills Drive between Wayzata Blvd and Turners Crossroad E. Golden Valley Road between Boone Avenue and Douglas Drive F. Laurel Avenue between Winnetka Avenue and Xenia Avenue G. Louisiana Avenue South between Laurel Avenue and I-394 H. Noble Avenue North between Golden Valley Road and 34 th Ave N I.North and South Frontage Roads of I-394 J.Olympia Street between Winnetka Avenue and Douglas Drive K. Plymouth Avenue between US 169 and Winnetka Avenue L. Regent Avenue North between Duluth Street and 34 th Ave N M. Rhode Island Avenue between 10 th Avenue and TH 55 N. Wayzata Boulevard all portions in Golden Valley City Limits 20 O. Winnetka Avenue between TH 55 and I-394 P. Xenia Avenue South between Glenwood Avenue and I-394 Q. Zenith Avenue North between 26 th Ave N and Theodore Wirth Pkwy County Roadways A. Douglas Drive North B. Duluth Street between Douglas Drive North and Regent Avenue North C. Glenwood Avenue between TH 55 and Theodore Wirth Parkway D. Golden Valley Road between Regent Avenue North and Xerxes Avenue North E. Medicine Lake Road between TH 169 and Douglas Drive North F. Winnetka Avenue North between TH 55 and Medicine Lake Road 10.Noise Elimination. The Contractor shall eliminate noise to as great an extent as possible at all times. Air compressing plants shall be equipped with silencers, and the exhausts of all gasoline motors or other power equipment shall be provided with mufflers approved by the manufacturer. 11.Care of Work.All work under this contract shall be accomplished with reasonable care and minimal damage to affected properties. The Contractor shall provide quality cleanup after removal and repair of any damage done by the Contractor’s equipment. 12.Traffic Control and Maintenance (2563). Contractor shall maintain traffic at all times while performing the Work in accordance with the current Minnesota Manual of Uniform Traffic Control Devices (MMUTCD) Field Manual and its supplements, or as deemed necessary by the Engineer, when the Work occurs on or adjacent to any street, alley or public place. Contractor shall provide, under the traffic control item, all construction signage and traffic control devices for the protection of persons, property and the Work. Contractor shall be responsible for maintaining traffic control devices during the Work. In the event that the City must install additional signs for traffic control for safety purposes, the cost for such measures shall be billed to Contractor or withheld from monies due. The Contractor shall be held responsible for all damages from failure to protect the work zone. When single lane traffic is necessary, flagmen must be provided to direct traffic. Contractor shall provide certifications of all flagmen that will be working on this project. 13.Manual References. The Specifications which apply to the Work shown in the Plans shall be as follows: A. Special Conditions herein Exhibit A, B, and C. B. Standard Utilities Specifications for Watermain and Service Line Installation, Sanitary Sewer and Storm Sewer Installation, and Trench Excavation and Backfill/Surface Restoration, Revised 2013, as prepared by the City Engineers Association of Minnesota (CEAM) and published by the League of Minnesota Cities, St. Paul, Minnesota, except as modified or supplemented in these Special Conditions. The Standard Utilities Specifications are available from the Minnesota Society of Professional Engineers by calling 651.457.2347, or from the CEAM website at http://ceam.org/. C. The most current edition of the Minnesota Manual on Uniform Traffic Control Devices and its supplements. D. Division I, 1507 (Utility Property and Service) and Division I, 1512 (Unacceptable and unauthorized work) of the Minnesota Department of Highways Standard Specification for Construction, 2020 Edition and its supplements, shall apply, except as modified or supplemented herein. 21 E. Division II (Construction Details) and Division III (Materials) of the Minnesota Department of Highways Standard Specification for Construction, 2020 Edition and its supplements, shall apply, except as modified or supplemented herein. 14.Tree and Landscape Preservation. Contractor shall protect existing trees and shrubbery that may be impacted by theWork, including but not limited to, cutting, breaking, orshredding of roots; wounding or scraping of trunksand branches; smothering of root systems bystockpiling of construction materials or excavated materials within their drip lines; excess foot or vehicular traffic; or parking of vehicles within their drip lines. All branches that have been damaged by Contractor shall be properly trimmed in accordance with National Arboriculture Standards by the end of the workday. Contractor shall have on-site an approved wound dressing to be applied to freshly cut branch ends immediately (within 10 minutes) after damage to prevent Emerald Ash Borer disease. Contractor shall also notify the Engineer immediately of any damaged branches. When excavating near trees, Contractor shall cut cleanly back to the soil line, allexposed, shredded or torn roots greater than 1-½” in diameter, with proper pruning equipment. The cost to cut roots shall be incidental for which there shall be no direct compensation. When excavating or sloping within fifteen (15) feet of anytree, Contractor shall coordinate all such efforts with the City Forester. Standard excavation procedures may need to be modified for large trees that have their trunks closer than five (5) feet from the excavation or sloping limits. Contractor shall be required to provide protection to all exposed oak tree roots that are cut prior to July 1. Contractor shall have on-site an approved wound dressingto beapplied to freshly cut root ends immediately (within 10 minutes) afterexcavation to prevent oak wilt infection. Wound dressing will not be permitted forany other situation other than oaks or ashes damaged by construction before July 1. Contractor shall coordinate all such work with the Assistant City Forester. 15.Sanitary Provisions. Contractor shall observe and comply with all laws, rules, and regulations of the State and Local Health Authorities. In the event of a sewage release, Contractor shall immediately notify the State of Minnesota Duty Officer at the Department of Public Safety at 651.649.5451 and the City Engineer at 763.593.8030. The Duty Officer will instruct Contractor on any further notification procedures. Contractor shall also take immediate action to prevent sewage from entering any water body or storm sewer by directing any such sewage flow into the existing sanitary sewer system. 16.Measurement and Payment.Payment for all items for this project shall be by lump sum. 17.Contract Extension. Contractor shall perform fully, entirely, and in an acceptable manner, the Work contracted for within the time stated herein Exhibit A. Contractor shall, not less than ten (10) days prior to said date, make written request to the City for an extension of time for completion, setting forth fully in its request the reasons which Contractor believes justify the granting of the request. If the City finds that the Work has been delayed on account of unusual conditions beyond the control of Contractor, or the quantities of the Work done or to be done are in excess of the Contract quantities in sufficient amount to warrant additional time; the City may, in its sole discretion, grant an extension of time for the completion to such date as may seem reasonable and proper. In case such extension is not granted, the right to proceed with the Work may be considered as forfeited as of the Contract Time, including all agreed upon adjustments, and the City, without violating the Contract, may proceed immediately to take over the Work, materials and equipment and make 22 final settlement of costs incurred, except that it shall not be necessary to give Contractor written ten (10) days’ notice for such forfeiture. 23 EXHIBIT C CITY OF GOLDEN VALLEY STANDARD DETAILS 24 EXECUTIVE SUMMARY Public Works 763-512-2345 / 763-512-2344 (fax) Golden Valley City Council Meeting October 1, 2024 Agenda Item 3B.2. Approve Contract for Construction Services for 2024 City Hall Upper-Level Office Remodel with Action Construction Transportation, LLC Prepared By Tim Kieffer, Public Works Director Al Lundstrom, Park Maintenance Superintendent Summary City Hall Upper-Level needs to be remodeled to add additional offices due to increased personnel. The work includes replacing an existing cubicle with walls to make an office, dividing one large office into two offices, and installing two exterior windows. Staff received two quotes for the project. The results are as follows: Action Construction Transportation, LLC $34,523.00 JPMI Construction Company $74,520.00 Financial or Budget Considerations Funding will come from the Buildings Capital Improvement Program fund balance. The city is under contract for consulting services in the amount of $9,200. Legal Considerations The City Attorney has reviewed and approved the contract. Equity Considerations Staff solicited quotes from forty-six contractors, including forty-three Disadvantaged Business Enterprises using the Minnesota Unified Certification Program database, and three community organizations that work with Minority and Women Business Enterprises. Recommended Action Motion to approve the Mayor and City Manager to execute the Contract for Construction Services with Action Construction Transportation, LLC in the form approved by the City Attorney. Supporting Documents Contract for Construction Services with Action Construction Transportation, LLC 25 1 CONTRACT FOR CONSTRUCTION SERVICES WITH ACTION CONSTRUCTION TRANSPORTATION LLC THIS AGREEMENT is made this 1st day of October 2024 (the “Effective Date”) by and between Action Construction Transportation LLC, a construction company located at 2121 57 th Avenue North, Brooklyn Center, MN 55430 (“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 construction. B. The City desires to hire Contractor to provide construction services. C. Contractor represents that it has the professional expertise and capabilities to provide the City with the requested work. D. The City desires to engage Contractor to provide the work described in this Agreement and Contractor is willing to provide such work on the terms and conditions in this Agreement. NOW, THEREFORE, in consideration of the terms and conditions expressed herein, the City and Contractor agree as follows: AGREEMENT 1.The Work.Contractor shall perform the work more fully described in the attached Exhibit A (the “Work”). The Work includes all work and services required by this Agreement, whether completed or partially completed, and includes all labor, materials, equipment, and services provided or to be provided by Contractor to fulfill Contractor’s obligations. All Work shall be completed according to the specifications set forth in the attached Exhibit B. Contractor shall at all times keep the premises free from accumulation of waste materials and debris caused by Contractor’s operations. 2.Time for Completion.The Contractor shall proceed diligently and shallcomplete the Work to the satisfaction and approval of the City’s authorized agentaccording to the length of time set forth in Exhibit A (the “Contract Time”). Contractor shallnotify the City in writing of any cause of delay of the Workwithin 24 hours after such cause of delay arises. If Contractor fails to complete the Work during the Contract Time, the City may immediately, or at any time thereafter, proceed to complete the Work at the Contractor’s expense. If Contractor gives written notice of a delay over which Contractor has no control, the City may at its discretion, extend the Contract Time. 3.Consideration.In consideration of the performance of the Work, the City shall pay to Contractor the amount set forth herein Exhibit D (the “Contract Price”). The consideration shall be for both the Work performed by Contractor and the expenses incurred by Contractor in performing the Work. Contractor shall submit statements to the City containing a detailed list of project labor and hours, rates, titles, and amounts undertaken by Contractor during the relevant billing period. The City shall pay Contractor within thirty (35) days after receiving a statement from Contractor. 26 2 4.Extra Work.Unless approved by the City in writing, Contractor shall make no claim for extra work done or materials furnished, nor shall Contractor do any work or furnish any materials not covered by the plans and specifications of this Agreement. Any such work or materials furnished by Contractor without written City approval shall be at Contractor’s own risk and expense. Contractor shall perform any altered plans ordered by the City; if such alteration reduces the cost of doing such work, the actual amount of such reduction shall be deducted from the contract price for the Work. 5.Contract Documents.The Contract Documents shall consist of this Agreement; all exhibits to this Agreement, which are incorporated herein by reference; any supplementary drawings, plans, and specifications; and other documents listed herein. In the event of a conflict among the various provisions of the Contract Documents, the terms shall be interpreted in the following order of priority: a. Modifications to this Agreement b. This Agreement, including all exhibits c. Supplementary drawings, plans, specifications d. Other documents listed in this Agreement Drawings shall control over Specifications, and detail in drawings shall control over large-scale drawings. All capitalized terms used and not otherwise defined in this Agreement, but defined elsewhere in the Contract Documents, shall have the meaning set forth in the Contract Documents. 6.Expense Reimbursement.Contractor shall not be compensated separately for necessary incidental expenses. All expenses of Contractor shall be built into Contractor’s fixed compensation rate, unless reimbursement is provided for an expense that received the prior written approval of the City, which approval may be provided via electronic mail. 7.Approvals.Contractor shall secure the City’s written approval before making any expenditures, purchases, or commitments on the City’s behalf beyond those listed in the Work. The City’s approval may be provided via electronic mail. 8.Protection of Persons and Property.Contractor shall be responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the performance of the Work. Contractor shall take reasonable precautions for the safety of, and shall provide reasonable protection to prevent damage, injury, or loss to: a. Persons performing the Work and other persons who may be affected by the Work; b. The Work and materials and equipment to be incorporated therein; and c. Other property at the site or adjacent to the site, such as trees, shrubs, lawns, walks, pavement, roadways, structures and utilities. Contractor shall promptly remedy damage and loss to property caused in whole or in part by Contractor or any of its subcontractors, agents, or anyone directly or indirectly employed by any of them. 9.Acceptance of the Work. All of the Contractor’s work and labor shall be subject to the inspection and approval of the City. If any materials or labor are rejected by the City as defective or unsuitable, then the materials shall be removed and replaced with other approved materials and the labor shall be done 27 3 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 the Work. 10.Warranty.Contractor represents and warrants that it has the requisite training, skills, and experience necessary to complete the Work, is appropriately licensed by all applicable agencies and governmental entities, and will complete the Work in a manner consistent with the level of care and skill ordinarily exercised by professionals currently providing similar work. Contractor further represents and warrants to the Citythat the materials and equipment furnished under this Agreement are of good quality and new, unless this Agreement requires or permits otherwise. Contractor further warrants that the Work will conform to the requirements of this Agreement and will be free from defects. Work, materials, or 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. 11.Guarantee.Contractor guarantees and agrees to maintain the stability of the Work and materials furnished and installed under this contract for a period of one year after the Final Completion Date (the “Guarantee Period”). Contractor agrees to perform fully all other guarantees as set forth in the specifications. If any of the Work is found to be not in accordance with the requirements of the Contract during the Guarantee Period, Contractor shall correct it promptly after receipt of notice from the City to do so. The City shall give such notice promptly after discovery of the condition. If Contractor fails to correct nonconforming Work within a reasonable time after receipt of notice from the City, the City may correct the Work at Contractor’s expense. The Guarantee Period shall be extended with respect to portions of Work first performed after the Final Completion Date by the period of time between final payment and the actual completion of that portion of the Work. The one-year period for correction of Work shall not be extended by corrective Work performed by Contractor pursuant to this Section. Nothing contained in this Section shall be construed to establish a period of limitation with respect to other obligations Contractor has under the Contract Documents. Establishment of the one-year period for correction of Work as described in this Section relates only to the specific obligation of Contractor to correct the Work, and has no relationship to the time within which the obligation to comply with the Contract Documents may be sought to be enforced, nor to the time within which proceedings may be commenced to establish Contractor’s liability with respect to Contractor’s obligations other than specifically to correct the Work. 12.Termination.This Agreement shall remain in force and effect commencing from the effective date and continuing until the completion of all of the parties’ obligations hereunder, unless terminated by the City or amended pursuant to the Agreement. Notwithstanding any other provision hereof to the contrary, this Agreement may be terminated as follows: 28 4 a. The parties, by mutual written agreement, may terminate this Agreement at any time; b. Contractor may terminate this Agreement in the event of a breach of the Agreement by the City upon providing thirty (30) days’ written notice to the City; c. The City may terminate this Agreement at any time at its option, for any reason or no reason at all; or d. The City may terminate this Agreement immediately upon Contractor’sfailure to have in force any insurance required by this Agreement. In the event of a termination, the City shall pay Contractorfor Work performed to the date of termination and for all costs or other expenses incurred prior to the date of termination. 13.Amendments.No amendments may be made to this Agreement except in writingsigned by both parties. 14.Remedies. In the event of a termination of this Agreement by the City because of a breach by Contractor, the City may complete the Work either by itself or by contract with other persons or entities, or any combination thereof. These remedies provided to the City for breach of this Agreement by Contractor shall not be exclusive. The City shall be entitled to exercise any one or more other legal or equitable remedies available because of Contractor’s breach. 15.Records/Inspection.Pursuant to Minnesota Statutes § 16C.05, subd. 5, Contractor agrees that the books, records, documents, and accounting procedures and practices of Contractor, that are relevant to the contract or transaction, are subject to examination by the City and the state auditor or legislative auditor for a minimum of six years. Contractor shall maintain such records for a minimum of six years after final payment. The parties agree that this obligation will survive the completion or termination of this Agreement. 16.Indemnification.To the fullest extent permitted by law, Contractor, and Contractor’s successors or assigns, agree to protect, defend, indemnify, save, and hold harmless the City, its officers, officials, agents, volunteers, and employees from any and all claims; lawsuits; causes of actionsof any kind,nature, or character; damages; losses; andcosts, disbursements, and expenses of defending the same, including but not limited to attorneys’ fees, professional services, and other technical, administrative or professional assistance resulting from or arising out of Contractor’s (or its subcontractors, agents, volunteers, members, invitees, representatives, or employees) performance of the duties required by or arising from this Agreement, or caused in whole or in part by any negligent act or omission or willful misconduct by Contractor, or arising out of Contractor’s failure to obtain or maintain the insurance required by this Agreement. Nothing in this Agreement shall constitute a waiver or limitation of any immunity or limitation on liability to which the City is entitled. The parties agree that these indemnification obligations shall survive the completion or termination of this Agreement. 17.Insurance.Contractor shall maintain reasonable insurance coverage throughout this Agreement. Contractor agrees that before any work related to the approved project can be performed, Contractor shall maintain at a minimum: a. Worker’s Compensation Insurance as required by Minnesota Statutes, section 176.181; 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, 29 5 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. 20.Independent Contractor.Contractor is an independent contractor. Contractor’s duties shall be performed with the understanding that Contractor has special expertise as to the Work which Contractor is to perform and is customarily engaged inthe independent performance of the same or similar workfor 30 6 others. Contractor shall provide or contract for all required equipment and personnel. Contractor shall control the manner in which the Work is performed; however, the nature of the Work and the results to be achieved shall be specified by the City.The parties agree that this is not a joint venture and the parties are not co-partners. Contractoris not an employee or agent of the City and has no authority to make any binding commitments or obligations on behalf of the City except to the extent expressly provided in this Agreement. All Work provided by Contractor pursuant to this Agreement shall be provided by Contractor as an independent contractor and not as an employee of the City for any purpose, including but not limited to: income tax withholding, workers' compensation, unemployment compensation, FICA taxes, liability for torts and eligibility for employee benefits. 21.Compliance with Laws.Contractorshall exercise due professional care to comply with applicable federal, state and local laws, rules, ordinances and regulations in effect as of the Effective Date. Contractor’sguests, invitees, members, officers, officials, agents, employees, volunteers, representatives, and subcontractors shall abide by the City’s policies prohibiting sexual harassment and tobacco, drug, and alcohol use as defined on the City’s Tobacco, Drug, and Alcohol Policy, as well as all other reasonable work rules, safety rules, or policies, and procedures regulating the conduct of persons on City property, at all times while performing duties pursuant to this Agreement. Contractor agrees and understands that a violation of any of these policies, procedures, or rules constitutes a breach of the Agreement and sufficient grounds for immediate termination of the Agreement by the City. 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 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. 31 7 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. Contractoragrees to hold harmless and indemnify the City from costs, including but not limited to damages, attorneys’ fees and staff time, in any action or proceeding brought alleging a violation of these laws by Contractor or its guests, invitees, members, officers, officials, agents, employees, volunteers, representatives and subcontractors. Upon request, Contractor shall provide accommodation to allow individuals with disabilities to participate in all Work under this Agreement. Contractor agrees to utilize its own auxiliary aid or service in order to comply with ADA requirements for effective communication with individuals with disabilities. 30.Authorized Agents.The City’s authorized agent for purposes of administration of this contract is Tim Kieffer, or designee. Contractor’s authorized agent for purposes of administration of this contract is Roger Coombs, 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 Action Construction Transportation LLC 2121 57th Avenue North Brooklyn Center, MN 55430 rogerc@actionconstructionsvcs.com City of Golden Valley 7800 Golden Valley Road Golden Valley, MN 55427 tkieffer@goldenvalleymn.gov or such other contact information as either party may provide to the other by notice given in accordance with this provision. 32.Waiver.No waiver of any provision or of any breach of this Agreement shall constitute a waiver of any other provisions or any other or further breach, and no such waiver shall be effective unless made in writing and signed by an authorized representative of the party to be charged with such a waiver. 32 8 33.Headings.The headings contained in this Agreement have been inserted for convenience of reference only and shall in no way define, limit or affect the scope and intent of this Agreement. 34.Severability.In the event that any provision of this Agreement shall be illegal or otherwise unenforceable, such provision shall be severed, and the balance of the Agreement shall continue in full force and effect. 35.Signatory.Each person executing this Agreement (“Signatory”) represents and warrants that they are duly authorized to sign on behalf of their respective organization. In the event Contractor did not authorize the Signatory to sign on its behalf, the Signatory agrees to assume responsibility for the duties and liability of Contractor, described in this Agreement, personally. 36.Counterparts and Electronic Communication.This Agreement may be executed in two or more counterparts, each of which shall be deemed an original, but all of which taken together shall constitute one and the same instrument. This Agreement may be transmitted by electronic mail in portable document format (pdf) and signatures appearing on electronic mail instruments shall be treated as original signatures. 37.Recitals.The City and Contractor agree that the Recitals are true and correct and are fully incorporated into this Agreement. IN WITNESS WHEREOF,the City and Contractor have caused this Independent Contractor Agreement to be executed by their duly authorized representatives in duplicate on the respective dates indicated below. ACTION CONSTRUCTION TRANSPORTATION LLC:CITY OF GOLDEN VALLEY: By: _________________________________ Roger Coombs, Chief Executive Officer By: _________________________________ Roslyn Harmon, Mayor By: _________________________________ Noah Schuchman, City Manager 33 EXHIBIT A SCOPE OF WORK 1.Work.The Work shall include furnishing all labor, tools, and equipment to construct new office space in accordance with the specifications herein. The Work shall include the following: A. Wall Construction – Contractor shall remove and install walls as indicated in Exhibit C. New walls between office and corridor wall shall be fire rated to match existing corridor wall fire rating. Walls shall be insulated to provide sound proofing. Contractor shall be responsible for mudding and sanding wall to a smooth surface ready for paint. B. Office Doors–Contractor shall supply and installofficedoors. Contractor shall be responsible for staining to match existing doors. City shall approve purchase of office doors before purchase is made. City shall be responsible for hardware including locks. C. Ceiling – Contractor shall remove and install ceiling grid and tiles as indicated in Exhibit C. D. Electrical– The City shall hire third party contractor for electrical work. Contractor shall work with City on scheduling electrical work to ensure no delays. E. HVAC – City shall hire third party contractor for HVAC work. Contractor shall work with City on scheduling HVAC work to ensure no delays. F. Fire Suppression – The City shall hire third party contractor for fire suppression. Contractor shall work with City on scheduling fire suppression work to ensure no delays. G. Paint – The City shall hire third party contractor for painting. Contractor shall work with City on scheduling painting to ensure no delays. H. Flooring - The City shall hire third party contractor for flooring. Contractor shall work with City on scheduling flooring to ensure no delays. Contractor shall remove existing flooring as required for the removal and installation of walls. 2.Location. Location is Golden Valley City Hall, 7800 Golden Valley Road. 3.Contract Time. The Work shall commence on October 2, 2024, and conclude before November 27, 2024. 34 EXHIBIT B SPECIAL CONDITIONS 1.Safety Precautions and Accident Prevention. The Contractor shall observe and comply with all requirements to the safety of the workforce to be employed on the project. Contractor shall comply with all safety measures recommended and required by any governmental agency, including the Department of Labor and Industry, Division of Accident Prevention of the Industrial Commission of Minnesota, and with the requirements of the Workmen's Compensation Act and any amendments thereof. Attention is called to the other paragraphs of these Special Conditions covering safety precautions and accident prevention. The Contractor shall be responsible for all safety issues on this project. The Contractor shall comply with instructions from the City for implementing any additional requirements for safety concerns. 2.Pre-Construction Meeting. Prior to the beginning of construction, a pre-construction meeting shall be held, and shall be attended by the authorized representatives of the City and persons of the contracting company who will have direct responsibility for workmanship and/or materials used on the project. The conference will disclose all aspects for execution and schedule of the Work. Agreement on any and all questionable measurements, materials, methods or other matters shall be made at this conference. Contractor shall submit the following at the pre-construction meeting: A. Critical path phasing plan and schedule, which details all controlling operations. This shall be submitted a minimum of three (3) days before the pre-construction meeting. B. List of products and materials. C. General project contact information including emergency contacts. 3.Permits and Licenses.Contractor shall procure all permits and licenses as required, pay all charges and fees, and give all notices necessary and incidental to the due and lawful prosecution of the Work. 4.Mobilization.The mobilization shall be included in the base price in all aspects of the Work per unit price herein Exhibit D. No additional compensation will be considered for mobilization. 5.Hours of Operation. Work shall occur Monday through Friday from 7:00 a.m. to 4:00 p.m., excluding holidays. 6.Noise Elimination. The Contractor shall eliminate noise to as great an extent as possible at all times. Air compressing plants shall be equipped with silencers, and the exhausts of all gasoline motors or other power equipment shall be provided with mufflers approved by the manufacturer. 7.Care of Work.All work under this contract shall be accomplished with reasonable care and minimal damage to affected properties. The Contractor shall provide quality cleanup after removal and repair of any damage done by the Contractor’s equipment. 8.Manual References.The Specifications which apply to the Work shown in the Plans shall be as follows: A. Special Conditions herein Exhibit A, B, and C. 35 B. The most current edition of the Minnesota Manual on Uniform Traffic Control Devices and its supplements. C. Division I, 1512 (Unacceptable and unauthorized work) of the Minnesota Department of Highways Standard Specification for Construction, most current edition, and its supplements, shall apply, except as modified or supplemented herein. D. Division II (Construction Details) and Division III (Materials) of the Minnesota Department of Highways Standard Specification for Construction, most current edition, and its supplements, shall apply, except as modified or supplemented herein. 9.Measurement and Payment.Payment for all items for this project shall be by the unit price as stated herein Exhibit D. The estimated quantities on the Proposal form are for determination of the lowest cost for the Work. The City reserves the right to increase or decrease quantities shown on the Proposal to stay within the amount budgeted by the City. No claims for extra compensation due to increased or decreased quantities shall be considered. Contractor shall submit all final quantities to the City within 30 days after completion of the Work. 10.Contract Extension. Contractor shall perform fully, entirely, and in an acceptable manner, the Work contracted for within the time stated herein Exhibit A. Contractor shall, not less than ten (10) days prior to said date, make written request to the City for an extension of time for completion, setting forth fully in its request the reasons which Contractor believes justify the granting of the request. If the City finds that the Work has been delayed on account of unusual conditions beyond the control of Contractor, or the quantities of the Work done or to be done are in excess of the Contract quantities in sufficient amount to warrant additional time; the City may, in its sole discretion, grant an extension of time for the completion to such date as may seem reasonable and proper. In case such extension is not granted, the right to proceed with the Work may be considered as forfeited as of the Contract Time, including all agreed upon adjustments, and the City, without violating the Contract, may proceed immediately to take over the Work, materials and equipment and make final settlement of costs incurred, except that it shall not be necessary to give Contractor written ten (10) days’ notice for such forfeiture. 36 EXHIBIT C DESIGN PLANS [Remainder of page left blank intentionally.] 37 38 39 40 41 42 EXHIBIT D PROPOSAL The undersigned hereby certifies that an examination has been made of the scope and location of work and hereby proposes to furnish all necessary machinery, equipment, tools, labor and other means of construction and to furnish all materials specified in the manner and at the time prescribe; and understands that the quantities of work shown herein are approximate only and are subject to increase or decrease; and further understands all quantities of work, whether increased or decreased, are to be performed at the following unit prices. Description Units Quantity Price/Unit Bid Amount Office Construction Lump Sum 1 $34,523.00 $34,523.00 Total Base Quote $34,523.00 43 EXECUTIVE SUMMARY Police 763-512-2345 / 763-512-2344 (fax) Golden Valley City Council Meeting October 1, 2024 Agenda Item 3B.3. Approve Traffic Control Agreement with Breck School for the 2024-2025 and 2025-2026 School Years Prepared By Alice White, Assistant Police Chief Summary In past years the Police Department has had an agreement with Breck School to provide traffic control during school days. The agreement was revised in 2015 to state the Police Department will send one Community Service Officer and Breck School will provide one civilian employee to work under the authority of Denny Arons, Breck School head of security. The sole purpose of the GVPD Community Service Officer is traffic control. Breck school would like to continue the current agreement to hire (1) CSO for the 2024-2025 and 2025-2026 school years to provide traffic control. Although paid for by Breck School, a Community Service Officer is an employee of the City, subject to the terms and conditions of employment with the City, and under the chain of command of the Police Department. Financial or Budget Considerations Breck School shall reimburse the City for the CSOs and administrative time in the amount of $35,438.22 for the 2024-2025 School Year and $36,501.37 for the 2025-2026 School Year with an increase of the current rate by three percent each of the next two years. Legal Considerations The attached agreement has been reviewed by the City Attorney. Equity Considerations The attached agreement has been reviewed by the Equity and Inclusion Manager. Recommended Action Motion to approve the Traffic Control Agreement with Breck School in the form approved by the City Attorney for the 2024-2025 and 2025-2026 school years. Supporting Documents 44 2024-2026 Traffic Control Agreement with Breck School 45 TRAFFIC CONTROL AGREEMENT BETWEEN THE CITY OF GOLDEN VALLEY AND BRECK SCHOOL This Traffic Control Agreement (“Agreement”) is made by and between the City of Golden Valley, a Minnesota municipal corporation (the “City”) and Breck School, a Minnesota nonprofit corporation (“Breck School”), pursuant to P.U.D. No. 88, Paragraph C (2). NOW, THEREFORE, be it resolved that the parties to this Agreement agree as follows: 1.PURPOSE: The purpose of this Agreement is to define the duties and responsibilities of the City of Golden Valley, its Police Department, and Breck School in the operation of the Community Service Officer Program. 2.TERM OF AGREEMENT: The term of this Agreement shall be for the 2024-2025 and 2025-2026 Breck School Years. The Agreement may be continued, canceled or modified at the end of the 2025- 2026 Breck School Year and may be extended by mutual agreement of the parties. Breck School shall notify the City of its intention to continue, cancel or modify this Agreement at least (90) days prior to its termination. 3.PERSONNEL: The City shall provide one community service officer to provide traffic control services at Breck School during the term of this Agreement (the “CSO”). Breck School shall provide a civilian employee to work under the authority of CSO for the purpose of traffic control. The City shall retain the sole and exclusive right to control the manner and means by which the Services are performed under this Agreement. Each party shall be solely and entirely responsible for its acts and for the acts of its employees, agents, volunteers and subcontractors in connection with its provision of Services. The City shall be responsible for the compensation and benefits of the City’s employees and for payment of all federal, state and local taxes payable with respect to any amounts paid to the City under this Agreement. 4.TRAFFIC CONTROL SERVICES: The CSO shall, twice per day at the times described in Section 6 herein, on all days when school is in session during the term of this Agreement provide traffic control services to Breck School (the “Services”). In addition, Breck School will provide a civilian employee to work with the CSO in carrying out the twice-daily traffic control duties on all school days to maintain the orderly flow of traffic. In the event of an unscheduledCSO absence, the City shall attempt to provide alternate coverage. In the event of an unscheduled employee absence of the Breck civilian employee, Breck School shall attempt to provide alternate coverage. 5.CHAIN OF COMMAND: The CSO shall be an employee of the City and shall report to the Chief of Police or their designee regarding all law enforcement and employment related matters and shall receive assignments to particular duties from the Chief of Police or their designee. The City shall provide training to the CSO for their assigned duties, including traffic control skills training, and shall provide traffic control skills training to any other CSOs providing traffic control services to Breck School on a regular basis. 46 6.WORKDAYS: The CSO assigned to Breck School shall provide the Services at Breck School twice daily at the following times every day school is in session: a. during a time period starting 45 minutes prior to the school start time until 15 minutes after the start of school time, both as determined by the Breck School; and b. during a time period starting 15 minutes prior to the school end time until 30 minutes after the school end time, both as determined Breck School (the “Service Schedule”). Breck School may adjusted the Service Schedule as necessary in the event inclement weather or other events delay the school start time or cause early release. Breck school and the CSO’s supervisor shall make the appropriate arrangements for traffic control coverage. The police department shall attempt to provide coverage when a CSO is not available for duty. 7.DRESS CODE: This position is a uniformed position, and the police department shall supply appropriate uniforms and equipment for CSOs providing traffic control services at Breck School. 8.HANDLING OF POLICE RELATED INCIDENTS: Criminal activity and incidents normally handled by the police shall be dealt with by police and in accordance with department policy, state and federal law, and generally accepted police practices. The City shall be liable for the acts of its officers, employees or agents and the results thereof to the extent authorized by law and shall not be responsible for the acts of Breck School, its officers, employees or agents. 9.SCHOOL DISCIPLINE: Neither the Golden Valley Police Department nor any of its employees are not part of the disciplinary team of Breck School and shall not become involved in discipline issues or the enforcement of school rules except as they relate to maintaining a peaceful and safe environment at Breck School. 10.LIMITATIONS. The provisions of Minn. Stat. Section 471.59, the Municipal Tort Claims Act, Minn. State Chap. 466 and other applicable laws govern liability of the City of Golden Valley and the Breck School. 11.COMPENSATION: It is agreed that Breck School shall reimburse the City of Golden Valley for the CSOs and administrative time in the amount of 2024-2025 School Year - $35,438.22 and 2025- 2026 School Year - $36,501.37 with an increase of the current rate by 3% each of the next 2 years. 12.GOVERNING LAW. The Agreement shall be governed by and construed in accordance with the substantive and procedural laws of the State of Minnesota, without giving effect to the principles of conflicts of laws. All proceedings related to this Agreement shall be venued in Hennepin County, Minnesota. 13.INDEMNIFICATION. Breck School shall defend, indemnify and hold harmless the City, its elected and appointed officials, officers, employees and agents from any liability, claims, demands, suits, penalties, personal injury, judgments and costs of any kind whatsoever, arising out of or resulting from Breck School’s acts or omissions with respect to Breck School’s provision of services under or breach of this Agreement. This provision shall survive any termination of this Agreement. 47 14.AMENDMENTS. This Agreement may only be modified by the mutual written Agreement of the parties. 15.ELECTRONIC SIGNATURES & COUNTERPARTS. Documents executed, scanned and transmitted electronically and electronic signatures shall be deemed original signatures for purposes of this Agreement and all related matters. All scanned and electronic signatures shall have the same legal effect as original signatures. This Agreement, any other document necessary for the consummation of the transaction contemplated by this Agreement may be accepted, executed or agreed to through the use of an electronic signature in accordance with the Uniform Electronic Transactions Act, Minnesota Statutes Chapter 325L. Any document accepted, executed or agreed to in conformity with such laws will be binding on each party as if it were physically executed. This Agreement may be executed in any number of counterparts, including electronically. Each counterpart constitutes an original and all counterparts collectively constitute one and the same instrument. The signatures of the parties need not appear on the same counterpart. Dated this 1 st day of October 2024. CITY OF GOLDEN VALLEY _____________________________ Mayor, Roslyn Harmon ______________________________ City Manager, Noah Schuchman BRECK SCHOOL _________________________________ By: ______________________________ Its: ______________________________ 48 EXECUTIVE SUMMARY Finance 763-512-2345 / 763-512-2344 (fax) Golden Valley City Council Meeting October 1, 2024 Agenda Item 3C. Adopt Resolution No. 24-058 Approving the Waiver of Public Hearing and Certification of Special Assessments - 2024 Private Driveways Prepared By Jennifer Hoffman, Accounting Manager Lyle Hodges, Finance Director Summary Agreements have been signed with the property owners regarding total costs and waiving the public hearing pursuant to Minnesota Statutes 429.031. By adopting the resolution it allows the property owner to pay for their driveway improvements over time with their property taxes. This work was done by the contractor for the 2024 PMP and was billed at the time of completion of the project. Terms are the same as the 2024 Project. Financial or Budget Considerations The total assessment role is for $84,476.35. This cost was planned at the time of financing the 2024 PMP project. Legal Considerations Agreement language has been reviewed by the city attorney. Equity Considerations This item does not require equity review. Recommended Action Motion to adopt Resolution No. 24-058 waiving the public hearing pursuant to Minnesota Statutes 429.031 and certification of special assessments on the 2024 Pavement Management driveways. Supporting Documents Resolution No. 24-058 - Approve Waiver of Public Hearing and Certification of Special Assessment 2024 PMP Driveways List of Driveway Repairs with the 2024 PMP Project 49 RESOLUTION NO. 24-058 RESOLUTION WAIVER THE PUBLIC HEARING PURSUANT TO MINNESOTA STATUTES 429.031 AND ORDERING CERTIFICATION OF SPECIAL ASSESSMENTS ON PRIVATE DRIVEWAYS THAT INVOLVE 2024 CITY STREET IMPROVEMENTS Project Years Interest Rate First Year Levy Total Assessed 2024 PMP Driveways 10 5%2025 $84,476.35 1.Each individual address (lots) will be assessed the full value of the signed contract with the homeowner for the various private improvement(s). 2.The proposed assessments are hereby adopted and confirmed as the proper assessments for each of said property respectively 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 10 years, as indicated in each case. 3.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 unless the entire assessment is paid in full by November 7, 2024. 4.The owner may pay off the assessment in full after November 7, 2024 with interest accrued to December 31 of the year in which such payment is made. Such payment must be made before November 15 or interest will be charged through December 31 of the succeeding year. 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 the City of Golden Valley, Minnesota this 1st day of October, 2024. _____________________________ Roslyn Harmon, Mayor ATTEST: _____________________________ Theresa Schyma, City Clerk 50 2024 PMP Driveways-Levy 25066 PID ADDRESS LEVY AMOUNT 30-118-21-14-0013 8070 Duluth St 7,075.02$ 30-118-21-14-0016 2000 Valders Ave N 6,406.25$ 30-118-21-14-0023 8071 Westbend Rd 4,954.85$ 30-118-21-14-0034 8100 Westbend Rd 3,490.27$ 30-118-21-14-0021 8131 Westbend Rd 4,953.15$ 30-118-21-14-0001 1921 Winnetka Ave N 16,931.11$ 30-118-21-14-0039 1900 Wisconsin Ave N 8,718.85$ 30-118-21-14-0070 2025 Wisconsin Ave N 11,443.38$ 30-118-21-14-0066 2165 Wisconsin Ave N 8,289.84$ 30-118-21-14-0064 2223 Wisconsin Ave N 12,213.63$ Total 84,476.35$ 51 EXECUTIVE SUMMARY Finance 763-512-2345 / 763-512-2344 (fax) Golden Valley City Council Meeting October 1, 2024 Agenda Item 3D. Adopt Resolution No. 24-059 Approving the Waiver of Public Hearing and Certification of Special Assessments - 2024 PMP Sanitary Sewer Repairs Prepared By Jennifer Hoffman, Accounting Manager Lyle Hodges, Finance Director Summary Agreements have been signed with the property owners regarding total costs and waiving the public hearing pursuant to Minnesota Statutes 429.031. By adopting the resolution it allows the property owner to pay for their sanitary sewer repair over time with their property taxes. This work was done by the contractor for the 2024 PMP and was billed at the time of completion of the project. Terms are the same as the 2024 Project. Financial or Budget Considerations The total assessment role is for $50,375.00. This cost was planned at the time of financing the 2024 PMP project. Legal Considerations Agreement language for the project was reviewed and approved before the project began. Equity Considerations This item does not require equity review. Recommended Action Motion to adopt Resolution No. 24-059 waiving the public hearing pursuant to Minnesota Statutes 429.031 and ordering certification of special assessments on sanitary sewer repairs that involve 2024 city street improvements. Supporting Documents Resolution No. 24-059 - Approve Waiver of Public Hearing and Certification of Special Assessment 2024 PMP Sanitary Sewer List of Sanitary Sewer Repairs with the 2024 PMP Project 52 RESOLUTION NO. 24-059 RESOLUTION WAIVING THE PUBLIC HEARING PURSUANT TO MINNESOTA STATUTES 429.031 AND ORDERING CERTIFICATION OF SPECIAL ASSESSMENTS ON PRIVATE SANITARY SEWER REPAIRS THAT INVOLVE 2024 CITY STREET IMPROVEMENTS Project Years Interest Rate First Year Levy Total Assessed 2024 PMP Sanitary Sewer Repairs 10 5%2025 $50,375.00 1.Each individual address (lots) will be assessed the full value of the signed contract with the homeowner for the various sanitary sewer repair(s). 2.The proposed assessments are hereby adopted and confirmed as the proper assessments for each of said property respectively 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 10 years, as indicated in each case. 3.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 unless the entire assessment is paid in full by November 7, 2024. 4.The owner may pay off the assessment in full after November 7, 2024 with interest accrued to December 31 of the year in which such payment is made. Such payment must be made before November 15 or interest will be charged through December 31 of the succeeding year. 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 the City of Golden Valley, Minnesota this 1st day of October, 2024. __________________________ Roslyn Harmon, Mayor ATTEST: _________________________ Theresa Schyma, City Clerk 53 PID ADDRESS AMOUNT 30-118-21-14-0046 2220 Valders Ave N 9,260.00$ 30-118-21-14-0093 8140 Winnetka Heights Dr 10,950.00$ 30-118-21-14-0039 1900 Wisconsin Ave N 9,865.00$ 30-118-21-14-0078 2140 Wisconsin Ave N 7,910.00$ 30-118-21-14-0075 2220 Wisconsin Ave N 9,260.00$ 30-118-21-14-0064 2223 Wisconsin Ave N 3,130.00$ 50,375.00$ 2024 PMP SANITARY SEWER REPAIRS LIST 54 EXECUTIVE SUMMARY City Manager's Office 763-512-2345 / 763-512-2344 (fax) Golden Valley City Council Meeting October 1, 2024 Agenda Item 3E. Adopt Resolution No. 24-060 Approving the Appointment of Additional Election Judges for the November 5, 2024 General Election Prepared By Theresa Schyma, City Clerk Summary Per Minnesota Statute § 204B.21, the City Council approves the appointments of Election Judges. At its February 20 meeting, the Council adopted Resolution No. 24-016 which approved a list of Election Judges to serve at all elections in 2024. Recruitment continued throughout the summer and several interested individuals have been added to the list for Council appointment. With these additional individuals, all polling places will be appropriately staffed to handle the amount of traffic that is anticipated on November 5. Election staff have compiled a list of individuals who either served as election judges in the past, expressed an interest in serving, were on a party-provided list of interested individuals, or are City employees that may be called upon to assist with election tasks in 2024. Only those individuals who receive training will be able to serve as Election Judges. Furthermore, the City Clerk always has the authority to make any substitutions or additions as necessary to maintain the required minimum staffing levels. Financial or Budget Considerations Staff did anticipate the need for additional Election Judges on November 5; therefore, the cost was already factored into this year's projected election budget. Legal Considerations This item does not require legal review. Equity Considerations This item does not require equity review. Recommended Action Motion to adopt Resolution No. 24-060 approving the appointment of additional Election Judges for the November 5, 2024 General Election. Supporting Documents 55 Resolution No. 24-060 - Appointing Additional Election Judges for the November 5 General Election 56 RESOLUTION NO. 24-060 RESOLUTION APPROVING THE APPOINTMENT OF ADDITIONAL ELECTION JUDGES FOR THE NOVEMBER 5 GENERAL ELECTION WHEREAS,the City Clerk is the authorized Election Official for the City of Golden Valley; and WHEREAS, at its February 20, 2024 meeting, the Council adopted Resolution No. 24-016 which approved a list of Election Judges to serve at all elections in 2024; and WHEREAS, the City Clerk’s office continued Election Judge recruitment throughout the summer and additional interested individuals are being submitted for approval (Exhibit A) to officiate at the November 5 General Election; and WHEREAS,the City Clerk has the authority to make any substitutions or additions as necessary to maintain the required minimum staffing levels while conducting elections in 2024. NOW, THEREFORE, BE IT RESOLVED,by the Golden Valley City Council hereby approves the additional list of election judges, attached hereto as Exhibit A, to officiate at the November 5 General Election. Adopted by the Golden Valley City Council on the 1st day of October 2024. _____________________________ Roslyn Harmon, Mayor ATTEST: _____________________________ Theresa Schyma, City Clerk 57 RESOLUTION NO. 24-060 EXHIBIT A Katherine Anderson Kade Arms-Regenold Ruth Baker Carol Berdef Annette Broas Andrew Carbonneau Melissa Caulfield Larry Chestler Mary Colleen Maiers Hendella Coyne Randall Cummings Barbara Daiker Elizabeth Danielson Brett Davis Peter Denny Wanda Deremer William Devins Drew Dietle Lois Dion Robin Doroshow Clayton Duggan Sarah Dunne Rachel Engstrom Peigi Enzler Brian Felton Donna Fields Bridget Foss Teresa George Patricia Golden Richard Golden Tamara Grodnick Karin Hampton Janice Hardy Victor Harvath David Johnson Jessie Johnson Kirsten Johnson Kendall Karpe Adrienne Kaufman Christopher Keith Dawn Keith Dwayne King Michael Knisely Ted Koshiol Deborah Kotcher Nathan Kotila Lois Lammi Stacey Lanning Neil Ledford Bobbi Leitner Nancy Liddy Mary Logue Sarah McCarty Julia McClellan Janet McCuistion Katherine Meehan Michael Meyer Susan Meyer Joel Mintzer Kari Moreau Sierra Morris Helen Moser Mukul Nautiyal Brenda Nelson Margaret Nelson David Noel Lori Noel Jeffrey Penick Julianna Pelletier Dana Peterson Lisa Powell Rachel Pulsipher Melissa Quick Dawn Radford Diane Riskevich Cathleen Roche Lisa Roden Olha Rouse Emma Sax Carrie Schmitz Amelia Schulz Sarene Silver Patrick Skelly Linda Slocum Jacquelyn Smith Donald Smithmier Richard Strelow Delphine Sunderland Lindsay Thompson Pamela Tibbetts Chris Todd Gail Van Horn Daniel Ward Barbara Weil Douglas Weldon David Whitescarver Traci Williamson Susan Winterfeld Thompson Candice Wold Leslie Zimmerman 58 EXECUTIVE SUMMARY Finance 763-512-2345 / 763-512-2344 (fax) Golden Valley City Council Meeting October 1, 2024 Agenda Item 4A. Public Hearing - Special Assessments for 2024 Delinquent Utility Bills, Resolution No. 24-061 Prepared By Jennifer Hoffman, Accounting Manager Lyle Hodges, Finance Director Summary The following resolution should be considered to Adopt and Confirm Assessments for 2024 Delinquent Utility Bills. Financial or Budget Considerations Resolution No. 24-061 will give the City authority to certify delinquent utility bills. Payment will be made through 2025 property taxes if not paid in full by November 7, 2024. Legal Considerations MN Statute 444.075 subd. 3 (e) allows cities to certify "unpaid charges to the county auditor with taxes against property served for collection as other taxes are collected." Equity Considerations This item does not require equity review. Recommended Action Conduct a public hearing and motion to approve Resolution No. 24-061 adopting and confirming assessments for 2024 delinquent utility bills. Supporting Documents Resolution No. 24-061 - Adopting and Confirming Assessments for Delinquent Golden Valley Utility Billing 2024 Deliquent Utility Billing Certifications.pdf 59 RESOLUTION NO. 24-061 RESOLUTION ADOPTING AND CONFIRMING ASSESSMENTS FOR DELINQUENT GOLDEN VALLEY UTILITY BILLING 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 2024 Delinquent Utility Billing 1 5%2025 $320,328.18 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 property taxes collectible in 2025. 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. 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 the City of Golden Valley, Minnesota this 1st day of October, 2024. _____________________________ Roslyn Harmon,Mayor ATTEST: _____________________________ Theresa Schyma, City Clerk 60 Property ID # Service Address 9/24/24 Certification Balance 0511721210020 170 OREGON AVE S $1,867.46 0511721210026 75 OREGON AVE S $327.00 0511721210036 215 NEVADA AVE S $1,788.08 0511721220012 440 QUEBEC AVE S $689.76 0511721220016 520 QUEBEC AVE S $1,247.16 0511721220034 7700 LAUREL AVE $580.34 0511721220038 7801 RIDGEWAY RD $1,745.18 0511721220071 75 RHODE ISLAND AVE S $1,239.86 0511721230069 1050 RHODE ISLAND AVE S $1,538.56 0511721230072 1041 SUMTER AVE S $463.35 0611721110027 300 HANLEY RD $568.38 0611721110063 135 HANLEY RD $2,947.96 0611721110066 37 WESTERN TER $301.65 0611721140023 900 WINNETKA AVE S $1,890.57 0611721140042 805 HANLEY RD $1,255.63 0611721140048 615 FIELD DR $312.86 0702924130072 3317 MAJOR AVE N $202.61 0702924130080 3324 NOBLE AVE N $797.50 0702924130081 3328 NOBLE AVE N $87.17 0702924230001 3355 REGENT AVE N $319.04 0702924230017 3385 SCOTT AVE N $2,373.81 0702924230074 5360 LOWRY TER $232.96 0702924240001 3365 QUAIL AVE N $2,338.34 0702924240067 4807 33RD AVE N $680.81 0702924240088 3315 QUAIL AVE N $1,102.99 0702924240091 3312 REGENT AVE N $2,427.15 0702924310013 2943 NOBLE AVE N $64.95 0702924310043 2942 PERRY AVE N $2,062.20 0702924310049 2937 PERRY AVE N $45.68 0702924310078 4948 NORMANDY PL $143.51 0702924320006 2912 REGENT AVE N $1,365.70 0702924320025 2905 SCOTT AVE N $292.07 0702924320037 5320 TRITON DR $1,627.70 61 0702924320049 2925 REGENT AVE N $109.46 0702924330002 2800 SCOTT AVE N $581.37 0702924330014 2755 SCOTT AVE N $800.63 0702924340026 2775 QUAIL AVE N $2,125.16 0702924340029 2745 QUAIL AVE N $3,632.49 0702924340057 4801 DONA LN $227.12 0702924420039 3100 LEE AVE N $836.01 0702924430003 4321 CULVER RD $1,035.90 0702924430017 2835 KYLE AVE N $1,797.05 0702924430024 2716 LEE AVE N $237.00 0702924430039 2836 NOBLE AVE N $333.06 0702924430063 2600 MAJOR AVE N $1,144.74 0702924430094 4521 CULVER RD $2,096.40 1702924210015 3227 26TH AVE N $2,219.04 1702924210034 3125 VISTA DR $467.99 1702924210076 3400 MANOR DR $2,029.02 1702924220032 2417 PARKVIEW BLVD $297.08 1702924220032 2417 PARKVIEW BLVD $555.36 1702924220045 3508 MANOR DR $2,389.89 1702924220049 3524 MANOR DR $2,330.66 1702924220056 3801 26TH AVE N $244.27 1702924220066 2413 MCNAIR DR $1,854.65 1702924220072 2420 BYRD AVE N $2,334.93 1702924230006 2301 CRESTVIEW AVE $576.31 1702924240008 2200 GLENWOOD PKWY $730.00 1702924240038 3026 GOLDEN VALLEY RD $2,070.76 1702924240045 1849 ZEPHYR PL $2,553.78 1702924240055 3009 GOLDEN VALLEY RD $593.24 1702924310003 1701 XERXES AVE N $451.97 1702924310008 1725 XERXES AVE N $452.65 1702924310012 1814 YORK AVE N $2,357.01 1702924310018 1700 YORK AVE N $220.09 1702924310056 1801 XERXES AVE N $1,962.49 1702924340004 1501 XERXES AVE N $223.07 1802924130027 2261 LEE AVE N $971.67 1802924140027 4001 WASATCH LN $598.40 62 1802924140065 2211 LEGEND DR $3,281.88 1802924230028 5403 MINNAQUA DR $4,501.39 1802924230044 2035 UNITY AVE N $1,884.10 1802924240003 4707 GOLDEN VALLEY RD $302.87 1802924240007 4740 GOLDEN VALLEY RD $1,619.98 1802924240066 2135 ORCHARD AVE N $1,178.21 1802924240088 2120 WINDSOR WAY $2,056.80 1802924320023 5328 SAINT CROIX AVE N $430.50 1802924330080 1336 LILAC DR N $947.71 1802924340006 1300 ANGELO DR $1,699.27 1802924410016 1725 BRIDGEWATER RD $1,098.33 1902924220038 930 TOLEDO AVE N $345.72 1902924320012 540 CLOVERLEAF DR $370.20 1902924320012 540 CLOVERLEAF DR $896.76 1902924320049 320 CLOVERLEAF DR $649.56 1902924410038 520 ARDMORE DR $2,195.80 1902924410050 512 INDIANA AVE N $2,503.69 1902924410152 518 ARDMORE DRIVE $51.23 1902924420042 328 BURNTSIDE DR $557.13 1902924420046 300 BURNTSIDE DR $1,902.08 1902924430050 227 ARDMORE DR $414.42 1902924430056 100 ARDMORE DR $1,989.31 1902924440058 234 SUNNYRIDGE LN $1,479.10 2811821210067 2425 WINFIELD AVE $1,119.28 2811821210087 5630 KENTLEY AVE $1,016.22 2811821220080 5900 WESTBROOK RD $1,197.06 2811821220098 2550 DOUGLAS DR N $1,169.46 2811821230025 2305 COLORADO AVE N $1,242.60 2811821230050 2045 BRUNSWICK AVE N $479.64 2811821320033 6121 SAINT CROIX AVE N $590.00 2811821320051 6050 SAINT CROIX AVE N $1,819.57 2811821330009 1375 OAK GROVE CIR $5,399.58 2811821340044 5605 GOLDEN VALLEY RD $437.53 2811821340070 5732 GOLDEN VALLEY RD $729.04 2911821110006 2527 FLORIDA AVE N $139.50 2911821110020 2425 DOUGLAS DR N $196.77 63 2911821110024 6327 MEDICINE LAKE RD $1,071.09 2911821220001 2550 WINNETKA AVE N $718.98 2911821230017 2021 PENNSYLVANIA AVE N $1,265.75 2911821230037 2000 RHODE ISLAND AVE N $154.95 2911821230055 1941 SUMTER AVE N $1,864.64 2911821230076 7833 23RD AVE N $2,106.05 2911821230078 2202 WINNETKA AVE N $1,499.05 2911821310030 7125 GREEN VALLEY RD $335.08 2911821310032 7205 GREEN VALLEY RD $1,372.76 2911821310038 7100 ARCHER AVE N $309.04 2911821320015 1720 WINNETKA AVE N $1,388.74 2911821320050 1566 RHODE ISLAND AVE N $1,345.26 2911821320060 7501 DULUTH ST $1,412.79 2911821330017 1500 RHODE ISLAND AVE N $320.12 2911821330020 1540 RHODE ISLAND AVE N $1,573.50 2911821330032 1540 SUMTER AVE N $348.11 2911821330038 1517 SUMTER AVE N $5,326.55 2911821340046 1332 OREGON AVE N $513.89 2911821340074 1435 LOUISIANA AVE N $1,570.35 2911821410012 1625 FLORIDA AVE N $1,775.09 2911821420029 1865 HAMPSHIRE LN N $1,786.21 2911821430010 7035 OLYMPIA ST $2,243.41 2911821430030 6834 WINSDALE ST $734.83 2911821440081 1335 HAMPSHIRE AVE N $252.80 2911821440086 1335 FLORIDA AVE N $1,549.73 2911821440090 1300 FLORIDA AVE N $1,661.65 3002924110014 4253 GLENWOOD AVE $196.77 3002924120009 209 NATCHEZ AVE S $311.42 3002924120051 309 WESTWOOD DR S $405.33 3002924130034 4527 SUNSET RIDGE $1,478.12 3002924130044 4408 SUNSET RIDGE $106.25 3002924140022 816 MEADOW LN S $1,608.33 3002924220021 501 TURNPIKE RD $1,375.13 3002924220054 109 TURNPIKE RD $1,332.11 3002924310010 1550 NATCHEZ AVE S $1,253.81 3002924310057 1653 UTICA AVE S $4,161.14 64 3002924420074 4520 DOUGLAS AVE $2,513.83 3011821110006 2409 WINNETKA AVE N $115.61 3011821110013 2445 VALDERS AVE N $431.26 3011821110024 8040 WYNNWOOD RD $1,157.47 3011821110034 8139 MEDICINE LAKE RD $1,430.49 3011821110063 8155 WYNNWOOD RD $598.77 3011821110070 8015 WYNNWOOD RD $401.88 3011821120007 2545 AQUILA AVE N $273.51 3011821120025 2520 ZEALAND AVE N $23.02 3011821120088 2305 XYLON AVE N $307.53 3011821140060 2135 VALDERS AVE N $1,370.79 3011821140085 2155 ORKLA DR $705.34 3011821140091 2150 ORKLA DR $1,724.28 3011821140112 2209 WINNETKA AVE N $421.15 3011821210015 2500 ENSIGN AVE N $638.74 3011821210032 2510 CAVELL AVE N $487.03 3011821210041 2300 CAVELL AVE N $290.57 3011821210053 8845 MEDLEY LN N $1,669.88 3011821210066 2401 ENSIGN AVE N $975.46 3011821220036 2230 MAYFAIR RD $239.64 3011821220116 2422 MENDELSSOHN LN N $272.47 3011821230006 2116 MARQUIS RD $1,326.82 3011821230011 2107 MARQUIS RD $131.02 3011821230018 2205 KINGS VALLEY RD E $32.04 3011821230024 2206 MAYFAIR RD $610.41 3011821230031 2106 KINGS VALLEY RD $1,647.80 3011821230035 2101 KINGS VALLEY RD W $1,130.41 3011821230054 2111 KINGS VALLEY RD $876.20 3011821230063 2209 KINGS VALLEY RD $656.05 3011821230068 2141 TAMARIN TR $2,366.58 3011821230074 2106 TAMARIN TR $1,567.67 3011821230088 2129 TAMARIN TR $1,341.69 3011821230132 1916 GETTYSBURG AVE N $2,073.77 3011821230138 2017 GETTYSBURG AVE N $557.87 3011821230146 9200 EARL ST $1,509.71 3011821230152 2004 HILLSBORO AVE N $220.44 65 3011821230162 1905 HILLSBORO AVE N $549.32 3011821230166 1904 INDEPENDENCE AVE N $351.73 3011821230185 1916 MENDELSSOHN AVE N $998.78 3011821240039 8945 ELGIN PL $1,374.57 3011821240043 9018 ELGIN PL $287.48 3011821240061 9025 23RD AVE N $1,963.35 3011821320004 1809 INDEPENDENCE AVE N $243.79 3011821320031 1804 INDEPENDENCE AVE N $759.58 3011821320042 1617 FLAG AVE N $140.53 3011821320082 1609 HILLSBORO AVE N $361.47 3011821320096 1625 INDEPENDENCE AVE N $2,089.00 3011821320110 1628 MENDELSSOHN AVE N $1,199.25 3011821320125 1735 GETTYSBURG CT $674.39 3011821320128 1785 GETTYSBURG CT $1,253.16 3011821320139 9100 NAPER ST $3,571.64 3011821330003 1525 FLAG AVE N $1,036.10 3011821330019 1521 GETTYSBURG AVE N $1,163.52 3011821330031 1532 INDEPENDENCE AVE N $1,164.92 3011821330036 1517 INDEPENDENCE AVE N $120.15 3011821330049 1409 INDEPENDENCE AVE N $881.43 3011821330074 1316 INDEPENDENCE AVE N $1,203.02 3011821330083 1405 GETTYSBURG AVE N $2,213.40 3011821330096 1324 HILLSBORO AVE N $878.51 3011821330099 1408 HILLSBORO AVE N $2,040.89 3011821330105 1325 FLAG AVE N $2,030.00 3011821410009 8001 WESLEY DR $366.59 3011821410048 8104 JULIANNE TER $3,456.59 3011821410065 8210 JULIANNE TER $1,800.24 3011821410077 1821 WINNETKA AVE N $2,927.62 3011821410085 7900 WESLEY DR $1,557.60 3011821420005 8320 WESLEY DR $624.58 3011821420057 8525 PATSY LN $1,831.93 3011821420080 8601 DULUTH ST $445.29 3011821430030 1536 AQUILA AVE N $355.24 3011821440024 1318 VALDERS AVE N $360.76 3011821440061 1413 WISCONSIN AVE N $403.83 66 3011821440075 1333 VALDERS AVE N $1,082.34 3111821110014 1120 ORKLA DR $1,938.80 3111821110058 1137 ORKLA DR $57.11 3111821230009 9100 10TH AVE N $106.58 3111821240016 701 DECATUR AVE N $3,809.58 3111821240016 735 DECATUR AVE N $1,233.61 3111821240016 701 DECATUR AVE N $3,380.33 3111821240016 735 DECATUR AVE N $7,789.27 3111821310008 415 DECATUR AVE N $325.63 3111821310013 432 DECATUR AVE N $108.09 3111821310046 400 DECATUR AVE N $312.86 3211821110001 1113 DOUGLAS DR N $19,792.57 3211821110009 6316 PHOENIX ST $1,753.18 3211821110038 6714 GOLDEN VALLEY RD $210.81 3211821110045 1227 HAMPSHIRE AVE N $1,950.45 3211821120018 1231 HAMPSHIRE AVE N $2,823.13 3211821220030 1218 SUMTER AVE N $725.04 3211821220053 1116 QUEBEC AVE N $298.00 3211821220062 1042 QUEBEC AVE N $512.32 3211821220074 1035 RHODE ISLAND AVE N $1,744.47 3211821220104 1020 WINNETKA AVE N $1,955.00 3211821220122 1013 SUMTER AVE N $401.52 3211821310018 7324 HAROLD AVE $842.44 3211821320017 440 WINNETKA AVE N $2,008.69 3211821320020 7840 HAROLD AVE $312.13 3211821340006 7445 HAROLD AVE $473.60 3211821410006 6657 OLSON MEMORIAL HWY $1,624.01 3211821410014 6400 WESTCHESTER CIR $1,572.70 3211821420048 6830 KINGSTON CIR $1,957.85 3211821430002 6706 GLENWOOD AVE $513.78 3211821430020 6940 WESTERN AVE $2,218.88 3211821430076 240 KENTUCKY AVE N $938.58 3211821430090 6885 HAROLD AVE $110.17 3211821440017 227 EDGEWOOD AVE N $290.06 3211821440063 125 HAMPSHIRE AVE N $1,023.75 3211821440070 6500 WESTERN AVE $1,358.41 67 3311821210035 1105 WELCOME CIR $1,464.59 3311821210059 5527 LINDSAY ST $102.76 3311821220011 6212 GOLDEN VALLEY RD $889.54 3311821220012 1100 DOUGLAS DR N $61.32 3311821310065 5600 WOODSTOCK AVE $1,719.40 3311821330061 225 PAISLEY LN $767.55 $320,328.18 68 EXECUTIVE SUMMARY Finance 763-512-2345 / 763-512-2344 (fax) Golden Valley City Council Meeting October 1, 2024 Agenda Item 4B. Public Hearing - Special Assessments for 2024 Delinquent Miscellaneous Charges, Resolution No. 24-062 Prepared By Jennifer Hoffman, Accounting Manager Lyle Hodges, Finance Director Analeigh Moser, Accountant Summary The following resolution should be considered to Adopt and Confirm Assessments for 2024 Miscellaneous Charges and certify to property taxes for payment. Financial or Budget Considerations Resolution No. 24-062 will give the City authority to certify delinquent miscellaneous charges. Payment will be made through 2025 property taxes if not paid in full by November 7, 2024. Legal Considerations This item follows State Statute and does not require legal review. Equity Considerations This item does not require equity review. Recommended Action Conduct a public hearing and motion to approve Resolution No. 24-062 adopting and confirming assessments for delinquent 2024 miscellaneous charges. Supporting Documents Resolution No. 24-062 - Adopting and Confirming Assessments for Delinquent Golden Valley Miscellaneous Charges 2024 MISC CHARGES CERTIFIED 69 RESOLUTION NO. 24-062 RESOLUTION ADOPTING AND CONFIRMING ASSESSMENTS FOR MISCELLANEOUS CHARGES (WEEDS/TREE REMOVAL, FALSE ALARMS, ADMINISTRATIVE CITATIONS, ETC) 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 2024 Miscellaneous Charges 1 5%2025 $31,359.71 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 property taxes collectible in 2025. 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. 70 Resolution No. 24-062 - Continued 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 the City of Golden Valley, Minnesota this 1st day of October, 2024. _____________________________ Roslyn Harmon, Mayor ATTEST: _____________________________ Theresa Schyma, City Clerk 71 MISCELLANEOUS CHARGES 2024 PID Address Number Property Address Violation/Remark Open Amount Cert Fee Total 18-029-24-14-0065 138218 2211 LEGEND DR VIOLATION- BAGSTER ON ROAD 108.53$ 30.00$ 138.53$ 32-118-21-32-0020 137924 7840 HAROLD AVE I&I CITATIONS 1,465.10$ 30.00$ 1,495.10$ 31-118-21-13-0017 137885 730 BOONE AVE N FORCED TREE REMOVAL 1,595.32$ 30.00$ 1,625.32$ 29-118-21-34-0046 137848 1332 OREGON AVE N CARPORT & ZONING VIOLATIONS 487.37$ 30.00$ 517.37$ 30-118-21-32-0084 138766 1601 HILLSBORO AVE N ZONING FEE UNPAID & ERRONEOUS REFUND 50.00$ 30.00$ 80.00$ 29-118-21-11-0023 138129 2551 DOUGLAS DR N FORCED TREE REMOVAL 3,190.64$ 30.00$ 3,220.64$ 28-118-21-22-0035 120666 2435 LAMPLIGHTER LN TALL GRASS CUT 375.00$ 30.00$ 405.00$ 05-117-21-21-0026 137883 75 OREGON AVE S FORCED TREE REMOVAL 1,595.32$ 30.00$ 1,625.32$ 30-118-21-43-0053 137884 1420 BOONE AVE N FORCED TREE REMOVAL 748.82$ 30.00$ 778.82$ 29-118-21-44-0059 138068 6307 WINSDALE ST FORCED TREE REMOVAL 1,595.32$ 30.00$ 1,625.32$ 31-118-21-24-0006 138333 742 DECATUR AVE N FALSE ALARMS 217.06$ 30.00$ 247.06$ 28-118-21-21-0047 129914 2345 VALE CREST RD DEBRIS VIOLATION, & GRASS CUT 1,780.73$ 30.00$ 1,810.73$ 32-118-21-11-0045 129269 1227 HAMPSHIRE AVE N ZONING VIOLATIONS 219.56$ 30.00$ 249.56$ 31-118-21-41-0003 138259 8040 OLSON MEM HWY FALSE ALARM 108.53$ 30.00$ 138.53$ 05-117-21-13-0020 138071 6955 MARKET ST FORCED TREE REMOVAL 4,590.61$ 30.00$ 4,620.61$ 30-118-21-32-0058 138066 1633 GETTYSBURG AVE N FORCED TREE REMOVAL 1,595.32$ 30.00$ 1,625.32$ 29-118-21-11-0020 137682 2425 DOUGLAS DR N HAZARDOUS PROPERTY- LEGAL FEES 2,731.00$ 30.00$ 2,761.00$ 28-118-21-32-0069 138070 1930 DOUGLAS DR FORCED TREE REMOVAL 3,190.64$ 30.00$ 3,220.64$ 29-118-21-21-0020 138067 2360 NEVADA AVE N FORCED TREE REMOVAL 4,720.84$ 30.00$ 4,750.84$ 31-118-21-14-0047 121050 749 WINNETKA AVE N SANITATION & FIRE CODE CITATIONS 394.00$ 30.00$ 424.00$ 30,759.71$ 600.00$ 31,359.71$ 72 EXECUTIVE SUMMARY City Manager's Office 763-512-2345 / 763-512-2344 (fax) Golden Valley City Council Meeting October 1, 2024 Agenda Item 6A. Review of Council Calendar Prepared By Theresa Schyma, City Clerk Summary The Council will review upcoming city meetings, events, and holiday closures. Legal Considerations This item does not require legal review. Equity Considerations This item does not require equity review. Recommended Action No action is required on this item. Supporting Documents Review of Council Calendar 73 Review of Council Calendar Event Event Time Location OCTOBER 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 Thursday, October 10 Building An Equitable Golden Valley Quarterly Conversation: Equity In Minnesota Public Education 6:15 PM - 7:45 PM Ridgedale Library, 12601 Ridgedale Dr, Minnetonka Saturday, October 12 Mighty Tidy Day 8:00 AM - 1:00 PM Brookview Park Fire Department Open House 10:00 AM - 12:00 PM Station 1: 7700 Golden Valley Rd Station 2: 400 Turners Crossroad S Station 3: 3700 Golden Valley Rd Sunday, October 13 Market in the Valley - Last Day 9:00 AM - 1:00 PM City Hall Campus Tuesday, October 15 Special HRA Meeting 6:30 PM Hybrid - Council Chambers City Council Meeting 6:30 PM Hybrid - Council Chambers Friday, October 18 Early Voting Begins for General Election 8:00 AM City Hall Council Chambers Saturday, October 26 City Hall Open for Absentee Voting 9:00 AM - 3:00 PM City Hall Trunk or Treat 12:00 PM - 2:00 PM City Hall Campus Tuesday, October 29 City Hall Open Late for Absentee Voting Voting open until 7 PM City Hall NOVEMBER Saturday, November 2 City Hall Open for Absentee Voting 9:00 AM - 3:00 PM City Hall Sunday, November 3 City Hall Open for Absentee Voting 9:00 AM - 3:00 PM City Hall Tuesday, November 5 Election Day 7:00 AM - 8:00 PM City Precincts/Polls Wednesday, November 6 City Council Meeting 6:30 PM Hybrid - Council Chambers Sunday, November 10 Winter Market in the Valley (Indoors) 10:00 AM - 1:00 PM Brookview Bassett Creek Room Monay, November 11 City Offices Closed for Observance of Veterans' Day Tuesday, November 12 HRA Work Session 6:30 PM Hybrid - Council Conference Room Council Work Session 6:30 PM Hybrid - Council Conference Room 74