2025-03-04 - AGE - City Council Regular Meeting March 4, 2025 — 6:30 PM
Council Chambers
1.Call to Order
1A.Pledge of Allegiance and Land Acknowledgement
1B.Proclamation Recognizing the Golden Valley Federated Women's Club's Commitment to
Violence Prevention
1C.Proclamation Honoring Women's History Month
1D.Expanded Response Presentation
2.Additions and Corrections to Agenda
3.Consent Agenda
Approval of Consent Agenda - All items listed under this heading are considered to be routine by
the City Council and will be enacted by one motion. There will be no discussion of these items
unless a Council Member so requests in which event the item will be removed from the general
order of business and considered in its normal sequence on the agenda.
3A.Approval of City Council Meeting Minutes
3B.Approval of City Check Registers
3C.Licenses:
3C.1.Approve Gambling License Exemption and Waiver of Notice Requirement - Sons of the
American Legion Post 523
3C.2.Approve Gambling License Exemption and Waiver of Notice Requirement - Opportunity
Partners
3C.3.Approve Gambling License Exemption and Waiver of Notice Requirement - PRISM
3D.Bids, Quotes, and Contracts:
3D.1.Approve Purchase of a Single Axle Dump Truck
3D.2.Approve Purchase of Bobcat Equipment from Tri-State Bobcat Inc.
3D.3.Approve Contract for Hydrant Painting with B & B Commercial Coating, LLC
3D.4.Approve Contact for Crack Sealing with Doctor Asphalt MN LLC
3D.5.Approve Contract for Gate Valve Repairs with Precision Utilities LLC
3D.6.Approve Contract with Stantec for Sign Code Updates
CITY COUNCIL REGULAR MEETING AGENDA
Members of the public may attend this meeting in-person, by watching on cable channel 16, or by
streaming on CCXmedia.org. The public can make in-person statements during public comment
sections, including the public forum beginning at 6:20 pm.
Individuals may provide public hearing testimony remotely by emailing a request to the City Clerk's
office at cityclerk@goldenvalleymn.gov by 3 p.m. on the day of the meeting.
City of Golden Valley City Council Regular Meeting March 4, 2025 — 6:30 PM
1
3E.Approve the 2025 Public Land Inventory Report
3F.Adopt Resolution No. 25-014 Approving 2024 Budget Carry Forward and 2025 Budget
Adjustments
3G.Adopt Resolution No. 25-015 Extending the Effective Date of the Golden Valley Police
Department Policy Manual
4.Public Hearing - None.
5.Old Business - None.
6.New Business
All Ordinances listed under this heading are eligible for public input.
6A.First Reading of Ordinance No. 793 - Amending Chapter 4 of the City Code Relating to
Brewer Off-Sale Licenses to Allow Additional Vessel Sizes Permitted by State Law
6B.First Reading of Ordinance No. 794 Establishing an Affordable Housing Trust Fund.
6C.Review of Council Calendar
6D.Mayor and Council Communications
1. Other Committee/Meeting updates
7.Adjournment
City of Golden Valley City Council Regular Meeting March 4, 2025 — 6:30 PM
2
EXECUTIVE SUMMARY
City Manager's Office
763-512-2345 / 763-512-2344 (fax)
Golden Valley City Council Meeting
March 4, 2025
Agenda Item
1B. Proclamation Recognizing the Golden Valley Federated Women's Club's Commitment to Violence
Prevention
Prepared By
Noah Schuchman, City Manager
Elinorah SINYEMBO, Executive Assistant
Summary
A representative from the Golden Valley Federated Women's Club will attend the council meeting and
accept this proclamation recognizing the 40th anniversary of the Family Violence Prevention Services
Act (FVPSA) and the 30th anniversary of the Violence Against Women Act (VAWA).
Legal Considerations
This item does not require legal review.
Equity Considerations
The Family Violence Prevention and Services Act (FVPSA) was signed into law in October 1984 and
provides the primary federal funding stream dedicated to the support of emergency shelter and
supportive services for victims of domestic violence and their dependents. Later, in 1994, the Violence
Against Women Act (VAWA) was enacted to address congressional concerns and support programs
that address violent crime, particularly crimes against women associated with domestic violence,
dating violence, sexual assault, and stalking.
Recommended Action
Present proclamation to a representative from the Golden Valley Federated Women's Club to
recognize their commitment to violence prevention.
Supporting Documents
Proclamation Recognizing FVPSA and VAWA
3
CITY OF GOLDEN VALLEY
PROCLAMATION RECOGNIZING THE GOLDEN VALLEY FEDERATED
WOMEN’S CLUB’S COMMITMENT TO VIOLENCE PREVENTION
WHEREAS, the General Federation of Women’s Clubs (GFWC) was founded on
April 24, 1890 with a strong commitment to enhancing the lives of others through
community involvement and volunteer initiatives; and
WHEREAS, the Golden Valley Federated Women’s Club (GVFWC), a member
of the East Central District of the Minnesota GFWC, will be hosting a District Convention
in April at the Golden Valley Country Club to recognize the 40
th anniversary of the
Family Violence Prevention Act (FVPSA) and the 30th Anniversary of the Violence
Against Women Act (VAWA); and
WHEREAS, in 1984, as a result of then U.S. Attorney General Benjamin
Civiletti’s Task Force on Family Violence landmark report on the scope and impact of
domestic violence in the United States, Congress conducted a series of hearings to
listen to victims and advocates and explore how the Federal government could best
respond; and
WHEREAS, in October of that year, the Family Violence Prevention and Services
Act (FVPSA) as Title II of the Child Abuse Amendments of 1984 was signed into law;
and
WHEREAS,the FVPSA provides the primary federal funding stream dedicated to
the support of emergency shelter and supportive services for victims of domestic
violence and their dependents; and
WHEREAS,in 1994 the Violence Against Women Act (VAWA) was enacted to
address congressional concerns about violent crime, particularly crimes against women
associated with domestic violence, dating violence, sexual assault, and stalking; and
WHEREAS,the VAWA allowed for enhanced sentencing of repeat federal sex
offenders; mandated restitution to victims of specified federal sex offenses; and
authorized grants to state, local, and tribal law enforcement entities to investigate and
prosecute violent crimes against women; and
WHEREAS,the fundamental goals of the VAWA are to prevent violent crime;
respond to the needs of crime victims; learn more about crime; and change public
attitudes through a collaborative effort by the criminal justice system, social service
agencies, research organizations, schools, public health organizations, schools, public
health organizations, and private organizations; and
4
WHEREAS, the VAWA supports programs to address domestic violence, sexual
assault, dating violence, and stalking, among other crimes.
NOW, THEREFORE, BE IT RESOLVED,that the City Council of the City of
Golden Valley along with the Golden Valley Federated Women’s Club of Minnesota,
recognize and honor the 40 years of progress created by the Family Violence Prevention
and Services Act, along with the 30 years of advancement made possible by the Violence
Against Women Act, to address domestic violence, sexual assault, dating violence, and
stalking, among other crimes, and encourage the residents of the City of Golden Valley
to support programs that prevent family violence and violence against women in our
community.
I, Mayor Roslyn Harmon, proudly certify this proclamation with my signature and
the seal of the City of Golden Valley on Tuesday, March 4, 2025.
___________________________
Roslyn Harmon, Mayor
5
EXECUTIVE SUMMARY
Human Resources
763-512-2345 / 763-512-2344 (fax)
Golden Valley City Council Meeting
March 4, 2025
Agenda Item
1C. Proclamation Honoring Women's History Month
Prepared By
Seth Kaempfer, Equity and Inclusion Manager
Summary
March is celebrated as Women's History Month. This month is about celebrating the enduring and
undeniable contributions that women have made and continue to make in law, literature, science,
education, religion, technology, food, business, entertainment, government and more. Women's
History Month is also an opportunity to honor groundbreaking impacts on community, including
securing the right to vote, shifting the feminist movement to be intersectional, resoluteness for
abolition and emancipation, diversification of labor and sport, continual consciousness of bodily
autonomy and consent, and much more.
This proclamation calls upon the community in Golden Valley to collectively consider how structural
and systemic barriers of sexism, misogyny, misogynoir, transphobia, and the like have continue to
deny a wealth of liberties to women, especially at the intersect of race, class, and gender identity. In
addition, this proclamation implores Golden Valley community members to recognize and confront
gender- and sex-based inequities to lead to a more liberated and rich future. Women's history is
foundational in the history of the United States, Minnesota, and Golden Valley.
Legal Considerations
This item did not require legal review.
Equity Considerations
This proclamation aligns with the City's commitment to diversity, equity, and inclusion and the City's
welcome statement. The City supports and honors individuals of all backgrounds and believes it is
critical to acknowledge celebrations such as Women's History Month to both educate community and
staff as well as create space for belonging of this richly diverse community.
Recommended Action
Present proclamation honoring the month of March as Women's History Month.
Supporting Documents
Proclamation Honoring Women's History Month
6
CITY OF GOLDEN VALLEY
PROCLAMATION HONORING WOMEN’S HISTORY MONTH
MARCH 1 – 31, 2025
WHEREAS, in 1978, the Education Task Force of the Sonoma County
Commission on the Status of Women planned and implemented Women’s History Week
to coincide with International Women’s Day; and
WHEREAS, the focus on women’s history grew as more local and national
organizations advanced it to a national status becoming Women’s History Month in
1987; and
WHEREAS, Women's History Month celebrates the enduring, undeniable
contributions that women have made and continue to make in law, literature, science,
education, religion, technology, food, business, entertainment, and many more
endeavors; and
WHEREAS, Women’s History Month is an opportunity to bring into view the
groundbreaking impact and gains that comes with securing the right to vote, shifting the
feminist movement to be intersectional, resoluteness for abolition and emancipation,
diversification of labor and sport, continual consciousness of bodily autonomy and
consent, and much more; and
WHEREAS, Women’s History is a time to consider how structural and systemic
barriers of sexism, misogyny, misogynoir, transphobia, and the like have and continue to
deny a wealth of liberties; and
WHEREAS, by recognizing, upholding, and anchoring women and womanhood in
all facets of life it leads to a more diverse economy, increased health for all, and an
abandonment of harmful norms and biases; and
WHEREAS, the city of Golden Valley is home to a chapter of the League of
Women Voters of the United States, a national organization founded 105 years ago to
help women exercise their right to vote and create a more diverse democracy.
NOW, THEREFORE, BE IT RESOLVED,that the City Council of the City of
Golden Valley does hereby proclaim the month of March as “Women’s History Month”
and call upon the people of the Golden Valley to recognize the contributions made women
and to actively promote the principles of equality, equity, liberty, and justice.
I, Mayor Roslyn Harmon, proudly certify this proclamation with my signature and
the seal of the City of Golden Valley on March 4
th, 2025.
_____________________________
Roslyn Harmon, Mayor
7
EXECUTIVE SUMMARY
City Manager's Office
763-512-2345 / 763-512-2344 (fax)
Golden Valley City Council Meeting
March 4, 2025
Agenda Item
1D. Expanded Response Presentation
Prepared By
Kirsten Santelices, Deputy City Manager
Noah Schuchman, City Manager
Bethany Brunsell, Fire Chief
Virgil Green, Police Chief
Summary
The purpose of this update is to provide the City Council and community with a progress report on the
City's expanded public safety response initiatives, supported by the Collaborative Solutions Grant.
Expanded Response is one of three activities under the scope of the Collaborative Solutions grant, a
$250,000 grant awarded to the City of Golden Valley to enhance its approach to community wellness,
reduce harm to marginalized communities, and enhance trust between public safety and community.
Expanded Response is one approach the City is taking to invest in community wellbeing by exploring
innovative strategies that prioritize prevention, intervention, and allocation of resources. This work is
grounded in the City’s broader commitment to proactive, community-centered public safety solutions.
The Expanded Response Executive Committee will provide an overview of key outcomes achieved to
date and outline next steps.
Financial or Budget Considerations
The City received $250k from the Pohlad Family Foundation to cover all grant activities.
Legal Considerations
The legal team is part of the collaborative solutions and expanded response teams, providing legal
advice and perspective along the entire process.
Equity Considerations
The equity team is part of the collaborative solutions and expanded response teams, providing advice
and perspective along the entire process. The expanded response work aligns with the City's equity
plan and infrastructure outlined in the City Council's 2030 Strategic Directives.
Recommended Action
The City's Expanded Response Executive Committee will provide a brief overview and project status
update.
8
EXECUTIVE SUMMARY
Legal
763-512-2345 / 763-512-2344 (fax)
Golden Valley City Council Meeting
March 4, 2025
Agenda Item
3A. Approval of City Council Meeting Minutes
Prepared By
Theresa Schyma, City Clerk
Summary
The following minutes are available to view on the City's public Laserfiche site :
February 18, 2025 Regular City Council Meeting
A direct link to the folder with the documents referenced above is:
http://weblink.ci.golden-valley.mn.us/WebLink/Browse.aspx?
id=1056192&dbid=0&repo=GoldenValley
Legal Considerations
This item did not require legal review.
Equity Considerations
This item did not require equity review.
Recommended Action
Motion to approve City Council meeting minutes as submitted.
9
EXECUTIVE SUMMARY
Finance
763-512-2345 / 763-512-2344 (fax)
Golden Valley City Council Meeting
March 4, 2025
Agenda Item
3B. 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: https://weblink.ci.golden-
valley.mn.us/WebLink/Browse.aspx?id=1055278&dbid=0&repo=GoldenValley
The check register(s) for approval:
02-19-2025 Check Register
02-26-2025 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.
10
EXECUTIVE SUMMARY
Legal
763-512-2345 / 763-512-2344 (fax)
Golden Valley City Council Meeting
March 4, 2025
Agenda Item
3C.1. Approve Gambling License Exemption and Waiver of Notice Requirement - Sons of the American
Legion Post 523
Prepared By
Theresa Schyma, City Clerk
Summary
The Sons of the American Legion Post 523 have applied for a Gambling License Exemption to conduct
gambling (bingo and raffle) for an event at the Chester Bird American Legion Post 523, 200 Lilac Drive
North, on April 5, 2025.
As per State Statute organizations that conduct gambling within the City limits have to submit an
application for a lawful gambling permit to the State after the permit has been approved or denied by
the City. Depending upon the timing of the permit the applicants may request the City to waive the
30-day waiting period.
Legal Considerations
This item does not require legal review.
Equity Considerations
Approving lawful gambling exemptions gives nonprofit organizations the opportunity to create
relationships within the community and make connections that can help provide unbiased programs
and services to those in need.
Recommended Action
Motion to receive and file the gambling license exemption and approve the waiver of notice
requirement for the Sons of the American Legion Post 523 to conduct gambling (bingo and raffle) for
an event at the Chester Bird American Legion Post 523, 200 Lilac Drive North, on April 5, 2025.
11
EXECUTIVE SUMMARY
Legal
763-512-2345 / 763-512-2344 (fax)
Golden Valley City Council Meeting
March 4, 2025
Agenda Item
3C.2. Approve Gambling License Exemption and Waiver of Notice Requirement - Opportunity Partners
Prepared By
Theresa Schyma, City Clerk
Summary
Opportunity Partners, 5500 Opportunity Court, Minnetonka, has applied for a Gambling License
Exemption to conduct gambling (raffle) at their upcoming event at the Metropolitan Ballroom & Club,
5418 Wayzata Boulevard, on May 3, 2025. According to their website, Opportunity Partners is a non-
profit organization with a mission to "advance the quality of life for people with disabilities."
As per State Statute organizations that conduct gambling within the City limits have to submit an
application for a lawful gambling permit to the State after the permit has been approved or denied by
the City. Depending upon the timing of the permit the applicants may request the City to waive the
30-day waiting period.
Legal Considerations
This item does not require legal review.
Equity Considerations
Approving lawful gambling exemptions gives nonprofit organizations the opportunity to create
relationships within the community and make connections that can help provide unbiased programs
and services to those in need.
Recommended Action
Motion to receive and file the gambling license exemption and approve the waiver of notice
requirement for Opportunity Partners to conduct gambling (raffle) for an event at the Metropolitan
Ballroom & Club, 5418 Wayzata Boulevard, on May 3, 2025.
12
EXECUTIVE SUMMARY
Legal
763-512-2345 / 763-512-2344 (fax)
Golden Valley City Council Meeting
March 4, 2025
Agenda Item
3C.3. Approve Gambling License Exemption and Waiver of Notice Requirement - PRISM
Prepared By
Theresa Schyma, City Clerk
Summary
People Responding in Social Ministry (PRISM), 1220 Zane Avenue North, has applied for a Gambling
License Exemption to conduct gambling (raffle) at their upcoming fundraising event at the
Metropolitan Ballroom & Club, 5418 Wayzata Boulevard, on May 8, 2025.
As per State Statute organizations that conduct gambling within the City limits have to submit an
application for a lawful gambling permit to the State after the permit has been approved or denied by
the City. Depending upon the timing of the permit the applicants may request the City to waive the
30-day waiting period.
Legal Considerations
This item does not require legal review.
Equity Considerations
Approving lawful gambling exemptions gives nonprofit organizations the opportunity to create
relationships within the community and make connections that can help provide unbiased programs
and services to those in need.
Recommended Action
Motion to receive and file the gambling license exemption and approve the waiver of notice
requirement for PRISM to conduct gambling (raffle) for an event at the Metropolitan Ballroom & Club,
5418 Wayzata Boulevard, on May 8, 2025.
13
EXECUTIVE SUMMARY
Public Works
763-512-2345 / 763-512-2344 (fax)
Golden Valley City Council Meeting
March 4, 2025
Agenda Item
3D.1. Approve Purchase of a Single Axle Dump Truck
Prepared By
Tim Kieffer, Public Works Director
Marshall Beugen, Street and Vehicle Maintenance Superintendent
Summary
Unit 798, a 2014 single axle dump truck with hook-lift system has reached its useful life cycle and is
scheduled to be replaced. Staff evaluate vehicles and equipment on an annual basis to determine
replacement programing. The dump truck meets replacement criteria set forth in the city’s vehicle
replacement policy and Vehicle Condition Index (VCI). The VCI is a tool utilized to assess all vehicles
and equipment scheduled for replacement and any vehicle/equipment scoring 28 points and higher
meets the category of “needs immediate consideration”. The existing dump truck due for replacement
scored 37 points and the existing V-box scored 30 points.
The new dump truck will be equipped with a hook-lift system, stainless-steel dump body, front, side
and underbody snowplows, V-box sander, Anti-icing tank, and associated hydraulics and controls. Staff
utilize this equipment for snow removal and other maintenance activities such as paving and hauling.
Ordering the cab, chassis, and equipment now provides a delivery date sometime in 2026.
Staff recommends purchasing the equipment from the state contract through the State of
Minnesota’s cooperative purchasing venture (CPV). The Minnesota Materials Management Division
has awarded the following contracts through the CPV:
Contract No.Item Vendor Amount
194871 2026 Volvo Single Axle Cab and Chassis Nuss Truck & Equipment $151,971.35
222949 Plows, Equipment, Hydraulics and Controls Towmaster Truck
Equipment $202,920.00
222949 Swenson Combo Sander Unit Towmaster Truck
Equipment $44,766.00
222949 VariTech Anti-Ice System Towmaster Truck
Equipment $28,421.00
Total Purchase Price Less Tax, Title, and License $428,078.35
14
Under Minnesota Statutes Section 471.345, the City may dispose of retired equipment by trading it in.
Nuss Truck & Equipment has offered $15,000 trade-in value. However, staff believe the city can get
more at auction and proposes to use the $15,000 offer as a reserve.
Financial or Budget Considerations
The 2025-2034 Vehicle and Equipment Capital Improvement Program (CIP) includes $325,000 for the
purchase of a dump truck (V&E-189) and $75,000 for the purchase of a V-box and Tank (SS-63). The
total cost for the truck and plow equipment is $354,891.32. Additional funding will come from the
sale of asset and reserves. The total cost for the de-icing and anti-icing equipment is $73,187.00.
Legal Considerations
The proposed equipment will be purchased following Minn. Stat. § 471.345 Subd. 15 Cooperative
purchasing.
(a) Municipalities may contract for the purchase of supplies, materials, or equipment by utilizing
contracts that are available through the state's cooperative purchasing venture authorized by section
16C.11. For a contract estimated to exceed $25,000, a municipality must consider the availability, price
and quality of supplies, materials, or equipment available through the state's cooperative purchasing
venture before purchasing through another source.
Equity Considerations
Certified Targeted Group/Economically Disadvantaged/Veteran-Owned small businesses receive a 12%
preference from the Office of State Procurement.
Recommended Action
Motion to approve purchase of a 2026 Volvo Single Axle Cab and Chassis from Nuss Truck &
Equipment in the amount of $151,971.35.
Motion to approve purchase of plows, equipment, and hydraulic controls from Towmaster Truck
Equipment in the amount of $276,107.00.
Supporting Documents
Nuss Truck & Equipment Quote
Towmaster Truck Equipment Quotes
15
Print Date & Time 2/21/2025 10:35
VENDOR NAME
MAKE AND MODEL
This section for use when ordering
WB 167"
CA 105" (Towmaster to Verify)Grand Total 151,971.35$
AF 63"
Rear Ratio 4.30
Cab Color White (P9188)
Wheel
Color Aluminum
Notes
Code Spec #Description Qty 2025 Price Subtotal
VHD64F300 1.0 Price for Base Unit:1 115,726.00$ 115,726.00$
1.9 1
2.0 FRAME OPTIONS 1
x4XB1X 2.1 Front frame extension 1 143.00$ 143.00$
x2345 2.2 Custom hole punching in frame 110.00$ -$
994DX 2.3 Deduct for no front bumper 1 (60.00)$ (60.00)$
403003 2.4 Frame fastener option (bolt or huck spun)1 STD
2.5 Frame, R.B.M., S.M., PSI, CT -$
403005 2.6 11.81"x3.54"x.31"., R.B.M. 2,112,000, S.M. 17.6, PSI,120,000 CT STD
403006 2.7 11.81"x3.54"x.38"., R.B.M. 2,460,000, S.M. 20.5, PSI,120,000 CT 343.00$ -$
403010 2.8 11.81"x3.54"x.44"., R.B.M. 2,820,000, S.M. 23.5, PSI,120,000 CT 1 562.00$ 562.00$
403011 2.9 11.81"x4.13"x.44"., R.B.M. 3,156,000, S.M. 26.3, PSI,120,000 CT 720.00$ -$
3.0 1
3.0 FRONT AXLE/SUSPENSION/BRAKE/OPTION 1
MC 3.1 Set Back Front Axle Option 1 STD
370403 3.2 14,600 front axle and matching suspension STD
370405 3.3 16,500 front axle and matching suspension $ 875.00 -$
370406 3.4 18,800 front axle & matching suspension $ 978.00 -$
370407 3.5 20,800 front axle and matching suspension 1 $ 1,079.00 1,079.00$
370408 3.6 22,800 front axle and matching suspension Volvo F22 $ 1,154.00 -$
371071 3.7 Heavy duty front axle shocks 1 $ 50.00 50.00$
782014 3.8 Front Brake Dimension 16.5x6 $ 67.00 -$
0KXG1X 3.9 Hubs Front axle iron unitized front axle hubs $ 25.00 -$
NA 3.10 Right hand air bag suspension per Spec 3.7, Driver controlled No Bid
NA 3.11 Left air bag suspension per Spec 3.7, Driver controlled No Bid
ZGXE1X 3.12 Front axle lubrication cap with slotted venthole No Bid
UDXA1X 3.13 Front brake dust shields 1 STD
XEXB1X 3.14 Dual front auxiliary steering gear 1 $ 1,464.00 1,464.00$
0371074 3.15 Multi Leaf Front Susp (RH Stiffner) $ 91.00 -$
XEXA1X 3.16 Right Hand Ram Assist $ 1,230.00 -$
4.0 1
4.0 4.0 TANDEM REAR AXLE/SUSPENSION/BRAKE/OPTIONS 1
N/A 4.1 17,500# driver differential locking rear axle and matching suspension No Bid
N/A 4.2 19,000# rear axle & matching suspension No Bid
N/A 4.3 19,000# driver differential locking rear axle and matching suspension No Bid
N/A 4.4 21,000# rear axle and matching suspension No Bid
N/A 4.5 21,000# driver differential locking rear axle and matching suspension No Bid
N/A 4.6 22,000# rear axle and matching suspension No Bid
SINGLE AXLE CAB/CHASSIS
Exhibit D: Price Schedule
Nuss Truck and Equipment
2026 Volvo VHD 42F300 SA
City Of Golden Valley, 1.17.25(NUSS20250000125634D)
16
N/A 4.7 22,000# driver differential locking rear axle and matching suspension
No Bid
TUXA1X 4.8 23,000# rear axle and matching suspension
Mertior RS23-160 Rear Axle & 23,000 Multi-Leaf Rear Suspension STD
TUXA2X 4.9 23,000# driver differential locking rear axle and matching suspension
Mertior RS23-160 Rear Axle & 23,000 Multi-Leaf Rear Suspension
406.00$
-$
TUXA3X 4.10 26,000# rear axle and matching suspension
Mertior RS26-160 Rear Axle & 26,000 Multi-Leaf Rear Suspension
3,607.00$
-$
TUXA4X 4.11 26,000# driver differential locking rear axle and matching suspension
Mertior RS26-160 Rear Axle & 26,000 Multi-Leaf Rear Suspension
4,013.00$
-$
330328 4.12 Meritor RS23160 rear axle and 26,000# rear suspension, driver diff.
lock.
838.00$
-$
N/A 4.13 17,500# air suspension in lieu of springs No Bid
N/A 4.14 19,000# air suspension in lieu of springs No Bid
N/A 4.15 21,000# air suspension in lieu of springs No Bid
N/A 4.16 22,000# air suspension in lieu of springs No Bid
350315 4.17 23,000# air suspension in lieu of springs 896.00$ -$
3ZZ316 4.18 26,000# air suspension in lieu of springs 2,450.00$ -$
ZAX99X 4.19 Dash mounted air dump system 14.00$ -$
76AB1X 4.20 ½ round universal joints 1 STD
THXC2X 4.21 Spicer 1810 HD drive line with half round universal joints 230.00$ -$
YVXZ1X 4.22 Rear axle heavy duty shocks 1 310.00$ 310.00$
350006 4.23 Rear auxiliary spring, 4500#349.00$ -$
N/A 4.24 Rear stabilizer bar No Bid
UEXA1X 4.25 Rear brake dust shield 22.00$ -$
784013 4.27 Meritor Brake Adjuster Front and Rear $ 11.00 -$
UKXB1X 4.28 Extended length brake stoke $ 54.00 -$
781104 4.29 Four Cam type haldex life seal plus $ 107.00 -$
7WXB1X 4.30 Synthetic Rear Axle Lubricant 1 $ 117.00 117.00$
yVXA1X 4.31 Rear Shock Absorbers $ 176.00 -$
MC 4.31 Meritor RS-23-160 rear axle and 30,000# rear suspension, driver diff.
lock.1,087.00$ -$
252AB1 4.27 Meritor RS-30-185 30,000 lbs rear axle 1 3,973.00$ 3,973.00$
330328 4.12 30,000# multileaf rear suspension 1 838.00$ 838.00$
4.99 1
5.0 FIFTH WHEEL OPTIONS 1
X6XA2X 5.1 Frame end tapered and open 12.00$ -$
X6XB2X 5.2 Frame end tapered and closed 30.00$ -$
330AB7 5.3 Fixed fifth wheel - Holland FW-35 684.00$ -$
330AE7 5.4 Mechanical slide fifth wheel - Holland FW35, Travel - 24" slide 562.00$ -$
330AH4 5.5 Air slide fifth wheel - Holland FW35, Travel - 24" slide 986.00$ -$
464AA5 5.6 Stainless 1/4 fenders, mounted front of tandems 127.00$ -$
464AA2 5.7 Plastic 1/4 fenders, mounted front of tandems 110.00$ -$
WHX01X 5.8 Tractor package hookup 297.00$ -$
7KXA3X 5.9 Behind cab deck plate 681.00$ -$
330AB8 5.10 Holland fixed with non-tilt 5th wheel 1,385.00$ -$
330AEF 5.11 Holland manual slide 5th wheel 537.00$ -$
69XD3X 5.12 Mud flaps with brackets 115.00$ -$
69XC3X 5.13 Betts B60 stainless steel angled mud flap brackets 161.00$ -$
51XD1X 5.14 Hose tender & towel bar assembly 58.00$ -$
5ZXB1X 5.15 Coiled trailer air hose 39.00$ -$
2UAB1X 5.16 Coiled trailer electrical hose 44.00$ -$
OBS04S 5.17 Air Weight AW5800 onboard scales 1,118.00$ -$
6HXBRX 5.18 Medium height 5th wheel ramp guide 228.00$ -$
322022 5.19 Trailer hook up light 74.00$ -$
6.0 1
6.0 TIRES/RIMS OPTIONS:1
NA 6.1 Nylon wafers or wheel guards on all wheels (10 ea)1 $ 44.00 44.00$
17
NA 6.2
Heavier 7500 lb 22.5 x 8.25 Steel rims in lieu of standard 7300# rims
(10 ea) STD
084441 6.3 22.5 12.5 Black Powder quoted wheels front and back $ 482.00 -$
NA 6.4
Heavier 7500 lb 22.5 x 8.25 Steel rims in lieu of standard 7300# rims (8
ea) in rear only $ (16.00)-$
Front Tire Package -$
093760 6.5
11R22.5H GOODYEAR G731 MSA (13220 LBS. GAWR) MULTI
USAGE $ 288.00 -$
093762 6.6
11R22.5H GOODYEAR G751 MSA (13220 LBS. GAWR) MULTI
USAGE $ 258.00 -$
093299 6.7
11R24.5H BRIDGESTONE M863 (14320 LBS. GAWR) ON/OFF ROAD
USAGE $ 2,240.00 -$
093562 6.8
11R24.5H BRIDGESTONE R250ED (14320 LBS. GAWR) REGIONAL /
URBAN USAGE $ (85.00)-$
093741 6.9
11R24.5H BRIDGESTONE R268 (14320 LBS. GAWR) REGIONAL /
URBAN USAGE $ (75.00)-$
093796 6.10
11R24.5H BRIDGESTONE R283A ECOPIA (14320 LBS. GAWR)
LONG / REGIONAL HAUL $ (85.00)-$
093761 6.11
11R24.5H GOODYEAR G731 MSA (14320 LBS. GAWR) MULTI
USAGE $ 380.00 -$
093763 6.12
11R24.5H GOODYEAR G751 MSA (14320 LBS. GAWR) MULTI
USAGE $ 335.00 -$
093591 6.13
11R24.5H MICHELIN XZE2 (14320 LBS. GAWR) REGIONAL / URBAN
USAGE $ 1,648.00 -$
093804 6.14
11R24.5H MICHELIN X WORKS Z (14320 LBS. GAWR) ON/OFF
ROAD USAGE $ 100.00 -$
093764 6.15
12R22.5H GOODYEAR G751 MSA (14780 LBS. GAWR) MULTI
USAGE $ 468.00 -$
093805 6.16
12R24.5H MICHELIN X WORKS Z (15660 LBS. GAWR) ON/OFF
ROAD USAGE $ 210.00 -$
093790 6.17
275/80R22.5H MICHELIN X LINE ENERGY Z (14320 LBS. GAWR)
LONG / REGIONAL HAUL $ (40.00)-$
093758
6.18
315/80R22.5L GOODYEAR G751 MSA (18180 LBS. GAWR) MULTI
USAGE $ 675.00 -$
093828
6.19
315/80R22.5L MICHELIN X LINE ENERGY Z (18180 LBS. GAWR)
LONG HAUL $ 95.00 -$
093806
6.20
315/80R22.5L MICHELIN X WORKS Z (18180 LBS. GAWR) ON/OFF
ROAD USAGE 1 $ 235.00 235.00$
093672
6.21
315/80R22.5L MICHELIN XZUS2 (20000 LBS. GAWR) URBAN
USAGE $ 245.00 -$
093823
6.22
315/80R22.5L CONTINENTAL CITY SERVICE HA3 (20000 LBS.
GAWR) URBAN USAGE $ 450.00 -$
093747
6.23
385/65R22.5J BRIDGESTONE M854 (18740 LBS. GAWR) ON/OFF
ROAD USAGE $ 200.00 -$
093495
6.24
385/65R22.5J MICHELIN XZY3 (18740 LBS. GAWR) ON/OFF ROAD
USAGE $ 265.00 -$
093567
6.25
385/65R22.5L MICHELIN XFE (19840 LBS. GAWR) ON/OFF ROAD
USAGE $ 335.00 -$
Rear Tire Package -$
094673
6.26
11R22.5G BRIDGESTONE M770 (23360 LBS. GAWR) LONG /
REGIONAL HAUL $ 225.00 -$
094810
6.27
11R22.5G BRIDGESTONE M726 EL A (21660 LBS. GAWR) LONG /
REGIONAL HAUL $ 135.00 -$
094297
6.28
11R22.5G BRIDGESTONE M843 (23360 LBS. GAWR) ON/OFF ROAD
USAGE $ 690.00 -$
094736
6.29
11R22.5G BRIDGESTONE R268 (23360 LBS. GAWR) REGIONAL
HAUL 1 STD
094821
6.30 11R22.5G CONTINENTAL HDL2 (22700 LBS. GAWR) LONG HAUL $ 595.00 -$
094701
6.31
11R22.5G MICHELIN X LINE ENERGY D (23360 LBS. GAWR) LONG /
REGIONAL HAUL $ 1,085.00 -$
094350
6.32
11R22.5G MICHELIN XDN2 (23360 LBS. GAWR) LONG / REGIONAL
HAUL $ 930.00 -$
18
094788
6.33
11R22.5G MICHELIN X LINE ENERGY Z (23360 LBS. GAWR) LONG /
REGIONAL HAUL $ 835.00 -$
094588
6.34
11R22.5G MICHELIN XZE2 (23360 LBS. GAWR) REGIONAL / URBAN
USAGE $ 635.00 -$
094692
6.35
11R22.5G MICHELIN X MULTI ENERGY D (23360 LBS. GAWR)
REGIONAL HAUL $ 965.00 -$
094674
6.36
11R22.5H BRIDGESTONE M770 (24020 LBS. GAWR) LONG /
REGIONAL HAUL $ 465.00 -$
094559
6.37
11R22.5H BRIDGESTONE M775 (24020 LBS. GAWR) ON/OFF ROAD
USAGE $ 889.00 -$
094311
6.38
11R22.5H BRIDGESTONE M843 (24020 LBS. GAWR) ON/OFF ROAD
USAGE $ 915.00 -$
094738
6.39
11R22.5H BRIDGESTONE R268 (24020 LBS. GAWR) REGIONAL /
URBAN USAGE $ 465.00 -$
094688
6.40
11R22.5H BRIDGESTONE M799 (24020 LBS. GAWR) ON/OFF ROAD
USAGE $ 565.00 -$
094760
6.41
11R22.5H GOODYEAR G731 MSA (24020 LBS. GAWR) MULTI
USAGE $ 2,470.00 -$
094762
6.42
11R22.5H GOODYEAR G751 MSA (24020 LBS. GAWR) MULTI
USAGE $ 2,355.00 -$
094351
6.43
11R22.5H MICHELIN XDN2 (24020 LBS. GAWR) LONG / REGIONAL
HAUL $ 1,015.00 -$
094652
6.44
11R22.5H MICHELIN XDS2 (24020 LBS. GAWR) LONG / REGIONAL
HAUL $ 1,485.00 -$
094789
6.45
11R22.5H MICHELIN X LINE ENERGY Z (24020 LBS. GAWR) LONG /
REGIONAL HAUL $ 955.00 -$
094801
6.46
11R22.5H MICHELIN X WORKS Z (24020 LBS. GAWR) ON/OFF
ROAD USAGE 1 $ 1,345.00 1,345.00$
094686
6.47
11R22.5H MICHELIN X WORKS XDY (24020 LBS. GAWR) ON/OFF
ROAD USAGE $ 1,485.00 -$
094677
6.48
11R24.5G BRIDGESTONE M770 (24020 LBS. GAWR) LONG /
REGIONAL HAUL $ 500.00 -$
094811
6.49
11R24.5G BRIDGESTONE M726 EL A (22700 LBS. GAWR) LONG /
REGIONAL HAUL $ 250.00 -$
094739
6.50
11R24.5G BRIDGESTONE R268 (24020 LBS. GAWR) REGIONAL /
URBAN USAGE $ 400.00 -$
094361
6.51
11R24.5G MICHELIN XDN2 (24020 LBS. GAWR) LONG / REGIONAL
HAUL $ 1,185.00 -$
094557
6.52
11R24.5H BRIDGESTONE L320 (26440 LBS. GAWR) ON/OFF ROAD
USAGE $ 1,315.00 -$
094558
6.53
11R24.5H BRIDGESTONE M775 (26440 LBS. GAWR) ON/OFF ROAD
USAGE $ 1,525.00 -$
094299
6.54
11R24.5H BRIDGESTONE M843 (26440 LBS. GAWR) ON/OFF ROAD
USAGE $ 1,185.00 -$
094741
6.55
11R24.5H BRIDGESTONE R268 (26440 LBS. GAWR) REGIONAL /
URBAN USAGE $ 685.00 -$
094689
6.56
11R24.5H BRIDGESTONE M799 (26440 LBS. GAWR) ON/OFF ROAD
USAGE $ 685.00 -$
094761
6.57
11R24.5H GOODYEAR G731 MSA (26440 LBS. GAWR) MULTI
USAGE $ 2,845.00 -$
094763
6.58
11R24.5H GOODYEAR G751 MSA (26440 LBS. GAWR) MULTI
USAGE $ 2,655.00 -$
094659
6.59
11R24.5H MICHELIN XDS2 (26440 LBS. GAWR) LONG / REGIONAL
HAUL $ 1,460.00 -$
094804
6.60
11R24.5H MICHELIN X WORKS Z (26440 LBS. GAWR) ON/OFF
ROAD USAGE $ 1,680.00 -$
094671
6.61
11R24.5H MICHELIN X WORKS XDY (26440 LBS. GAWR) LIGHT
CONSTRUCTION $ 1,795.00 -$
094560
6.62
12R22.5H BRIDGESTONE M775 (27120 LBS. GAWR) ON/OFF ROAD
USAGE $ 1,690.00 -$
094690
6.63
12R22.5H BRIDGESTONE M799 (27120 LBS. GAWR) ON/OFF ROAD
USAGE $ 1,825.00 -$
094764
6.64
12R22.5H GOODYEAR G751 MSA (27120 LBS. GAWR) MULTI
USAGE $ 3,195.00 -$
19
094314
6.65
12R24.5H BRIDGESTONE M843 (28640 LBS. GAWR) ON/OFF ROAD
USAGE $ 1,465.00 -$
094330
6.66
275/80R22.5G MICHELIN XDA ENERGY (22700 LBS. GAWR) LONG /
REGIONAL HAUL $ 895.00 -$
094700
6.67
275/80R22.5G MICHELIN X LINE ENERGY D (22700 LBS. GAWR)
LONG / REGIONAL HAUL $ 855.00 -$
094698
6.68
275/80R22.5G MICHELIN XDA5+ (22700 LBS. GAWR) LONG /
REGIONAL HAUL $ 665.00 -$
094354
6.69
275/80R22.5G MICHELIN XDN2 (22700 LBS. GAWR) LONG /
REGIONAL HAUL $ 750.00 -$
094787
6.70
275/80R22.5G MICHELIN X LINE ENERGY Z (22700 LBS. GAWR)
LONG / REGIONAL HAUL $ 715.00 -$
094694
6.71
275/80R22.5G MICHELIN X MULTI ENERGY D (22700 LBS. GAWR)
REGIONAL HAUL $ 1,050.00 -$
094592
6.72
275/80R22.5G MICHELIN XZE2 (22700 LBS. GAWR) REGIONAL /
URBAN USAGE $ 545.00 -$
094790
6.73
275/80R22.5H MICHELIN X LINE ENERGY Z (26440 LBS. GAWR)
LONG / REGIONAL HAUL $ 875.00 -$
094699
6.74
275/80R24.5G MICHELIN XDA5+ (22700 LBS. GAWR) LONG /
REGIONAL HAUL $ 600.00 -$
094490
6.75
275/80R24.5G MICHELIN XDN2 (22700 LBS. GAWR) LONG /
REGIONAL HAUL $ 800.00 -$
094791
6.76
275/80R24.5G MICHELIN X LINE ENERGY Z (22700 LBS. GAWR)
LONG / REGIONAL HAUL $ 750.00 -$
094809
6.77
285/75R24.5G BRIDGESTONE M726 EL A (20820 LBS. GAWR)
LONG / REGIONAL HAUL $ 230.00 -$
094676
6.78
285/75R24.5G BRIDGESTONE M770 (22700 LBS. GAWR) LONG /
REGIONAL HAUL $ 285.00 -$
094808
6.79
295/75R22.5G BRIDGESTONE M726 EL A (20280 LBS. GAWR)
LONG / REGIONAL HAUL $ 75.00 -$
094725
6.80
295/75R22.5G BRIDGESTONE R268 (22700 LBS. GAWR) REGIONAL
HAUL $ 95.00 -$
094767
6.81
295/75R22.5G CONTINENTAL HDR2 (22700 LBS. GAWR)
REGIONAL HAUL $ 155.00 -$
NUS225 6.82 Steel spare rim, size No Bid
NUS245 6.83 Steel spare rim, size No Bid
1
7.0 BRAKE SYSTEM OPTIONS:1
VHXBVX 7.1 Wabco System Saver 1200 Plus heated air dryer 1 STD
UWXB1X 7.2 Manual cable drain valves on air tanks 27.00$ -$
N/A 7.3 Heated air tank No Bid
UWXE3X 7.4 Auto drain valves on air tanks, heated 1 48.00$ 48.00$
300AD0 7.5 MGM type TR-T rear brake chambers 48.00$ -$
N/A 7.6 S.S. pins on slack adjuster yoke (2 ea. per yoke)
For all air brake chambers No Bid
N5FAJX 7.7 Inverted rear brake chamber mounting in lieu of regular mounting No Bid
MC 7.8 Relocate air dryer 1 272.00$ 272.00$
1
8.0 ENGINE/EXHAUST AND FUEL TANKS OPTIONS:1
(List Make & Model, H.P., torque of engine and exhaust and fuel
tank options)1
1017V0 8.1 VOLVO D11 325HP 2100RPM 1250 LBFT 1 STD
1017V1 8.2 VOLVO D11 355HP 2100RPM 1250 LBFT $ 1,230.00 -$
1017V2 8.3 VOLVO D11 365HP 2100RPM 1350 LBFT $ 1,675.00 -$
1017V3 8.4 VOLVO D11 385HP 2100RPM 1450 LBFT 1 $ 2,413.00 2,413.00$
1017V5 8.5 VOLVO D11 425HP 2100RPM 1550 LBFT $ 3,971.00 -$
1017V4 8.6 VOLVO D11 385HP 2100RPM 1450/1250 LBFT ECO-TORQUE PERF $ 2,413.00 -$
1017V6 8.7 VOLVO D11 425HP 2100RPM 1550/1350 LBFT ECO-TORQUE PERF $ 3,971.00 -$
1017W0 8.8 VOLVO D13 375HP 2100RPM 1450 LBFT $ 2,229.00 -$
1017W1 8.9 VOLVO D13 405HP 2100RPM 1450 LBFT $ 3,283.00 -$
1017W8 8.10 VOLVO D13 425HP 2100RPM 1550 LBFT $ 4,432.00 -$
20
1017X7 8.11 VOLVO D13 435HP 2100RPM 1650 LBFT $ 4,994.00 -$
1017X8 8.12 VOLVO D13 455HP 2100RPM 1750 LBFT $ 5,649.00 -$
1017Y7 8.13 VOLVO D13 500HP 2100RPM 1850 LBFT $ 7,129.00 -$
1017W2 8.14 VOLVO D13 405HP 2100RPM 1450/1650 LBFT DUAL-TORQUE $ 3,588.00 -$
1017W9 8.15 VOLVO D13 425HP 2100RPM 1450/1750 LBFT DUAL-TORQUE $ 4,736.00 -$
1017X9 8.16 VOLVO D13 455HP 2100RPM 1550/1850 LBFT DUAL-TORQUE $ 6,000.00 -$
1017W3 8.17 VOLVO D13 405HP 2100RPM 1650/1450 LBFT ECO-TORQUE PERF. $ 3,588.00 -$
1017W4 8.18 VOLVO D13 405HP 2100RPM 1650/1450 LBFT ECO-TORQUE ECON. $ 3,588.00 -$
1017X0 8.19 VOLVO D13 425HP 2100RPM 1750/1450 LBFT ECO-TORQUE PERF. $ 4,736.00 -$
1017X1 8.20 VOLVO D13 425HP 2100RPM 1750/1450 LBFT ECO-TORQUE ECON $ 4,736.00 -$
1017Y0
8.21 VOLVO D13 455HP 2100RPM 1850/1550 LBFT ECO-TORQUE
PERFORMANCE $ 6,000.00 -$
1017Y1 8.22 VOLVO D13 455HP 2100RPM 1850/1550 LBFT ECO-TORQUE ECON $ 6,000.00 -$
1017Y8 8.23 VOLVO D13 500HP 2100RPM 1850/1550 LBFT ECO-TORQUE PERF. $ 7,129.00 -$
232088 8.24 10' 0" ALUMINIZED STAINLESS VERTICAL STEEL SINGLE STACK 1 STD
K0XC1X 8.25 STRAIGHT END EXHAUST STACK $ 45.00 -$
K0XD1X 8.26 TURNED OUT EXHAUST EXTENSION integrated DPF and SCR $ 979.00 -$
K0XC4X 8.27 STRAIGHT STACK, SIDE OUTLET DIFFUSER BOX 1 STD
K0XC5X 8.28 STRAIGHT STACK, TOP OUTLET DIFFUSER BOX $ 45.00 -$
J8XATX 8.29 50 GALLON LEFT HAND FUEL TANK $ 132.00 -$
J8XBXX 8.30 70 GALLON LEFT HAND FUEL TANK $ 132.00 -$
J8XB1X 8.31 75 GALLON LEFT HAND FUEL TANK STANDARD 1 STD
J8XEJX 8.32 90 GALLON LEFT HAND FUEL TANK $ 560.00 -$
J8XEWX 8.33 100 GALLON LEFT HAND FUEL TANK $ 137.00 -$
J8XG1X 8.34 125 GALLON LEFT HAND FUEL TANK $ 301.00 -$
JBZZ1234
8.35
22" DIA D SHAPED FUEL TANK **Required for CBOC** air tanks
needs moved 1 601.00$ 601.00$
KNXB2X 8.36 26" DIA D SHAPED FUEL TANK $ 186.00 -$
9.0 1
9.0 ENGINE RELATED OPTIONS:1
26X1XZ 9.1 Oil fill and dipstick EZ access $ 319.00 -$
PJXMGX 9.2 Delco 35 SI Brushless Alternator, 135 AMP 1 $ (44.00)(44.00)$
NA 9.3 Delco 24 SI Alternator, 130 AMP STD
PJXMLX 9.4 Delco 24 SI Alternator, 145 AMP $ (50.00)-$
PJXMIX 9.5 Leece-Neville Alternator, 145 AMP $ (35.00)-$
810113 9.6 3 Volvo 760 CCA Maintenance Free 12V Batteries 2280 CCA $ 80.00 -$
KWXA3X 9.7 Dual element air cleaner $ 66.00 -$
KWXA1A 9.8 Donaldson Single Stage Air cleaner per spec 12.1 1 $ 32.00 32.00$
JVXDAX 9.9 Davco 382 fuel/water separator heated 1 $ 196.00 196.00$
JVXBBX 9.10 Non-heated fuel/water separator, ____RACOR 6903E_(Brand) $ 42.00 -$
H9XK1X 9.11 Coolant spin on filter/conditioner $ 67.00 -$
T1XA1X 9.12 Front engine powered take off adapter and radiator cut out $ 540.00 -$
208021 9.13 Air applied fan drive, _____KYSOR_(Brand) $ 329.00 -$
208025 9.14 Viscous fan drive $ 29.00 -$
KOXD1X 9.15 Curved exhaust pipe end $ 24.00 -$
5NXAVX 9.16 Engine block heater 1 $ 60.00 60.00$
NA 9.17 In line fuel heater No Bid
JRXA1X 9.18 In tank fuel heater $ 388.00 -$
NA 9.19 Fuel cooler No Bid
NA 9.20 Radiator bug screen 1 STD
LCO01 9.21 Stainless Steel Oil Pan 1 1,900.00$ 1,900.00$
HTXA8X 9.22 Engine brake system 1 $ 950.00 950.00$
VHXZZX 9.23 Relocate air dryer $ 243.00 -$
K9XO9X 9.24 Extended life anti-freeze 1 $ 126.00 126.00$
UBXM1X 9.25 ENGINE MOUNTED HYDRAULIC PUMP PARKER F2-42/42 $ 2,724.00 -$
UBXD1X 9.26 ENGINE MOUNTED HYDRAULIC PUMP PARKER F1-81 $ 1,969.00 -$
UBXC1X 9.27 ENGINE MOUNTED HYDRAULIC PUMP PARKER F1-61 $ 1,881.00 -$
21
T1XK1X 9.28
REAR ENGINE MOUNTED PTO WITH SPLINED SHAFT GROOVE
FEMALE DIN 5462 $ 349.00 -$
NCXD1X 9.29 VOLVO 12 V GEAR REDUCTION STARTER (MODEL 105P55) $ 92.00 -$
JWXE1X 9.30
HOOD MOUNTED AIR INTAKE WITH INSIDE/OUTSIDE AIR IN CAB
CONTROL SNOW DOOR 1 $ 173.00 173.00$
T1XA1X 9.31 REAR ENGINE POWER TAKE OFF WITH FLANGE SAE 1410 $ 540.00 -$
NCXA5X 9.32 Starter motor options **DELCO REMY 12 39MTHD STARTER $ 98.00 -$
H9XK1X 9.33 1240 SQ IN RADIATOR 2 ROW CORE 1 $ 225.00 225.00$
10.0 1
10.0 TRANSMISSION OPTIONS:1
(After the first Six listed options, list manual and automatic
transmission options. List make and model, # of speeds, type of
shifting and whether or not transmission includes PTO gear(s) or
not). Example: Allison 3000 HS, 5 speed, push button, no PTO.1
NA 10.1 2 plate 14" ceramic clutch option for manual transmission No Bid
250090 10.2 2 plate 15½" ceramic clutch option for manual transmission No Bid
RBXA1A 10.3 External grease fitting for throw out bearing $ 103.00 -$
NA 10.4 Adjustment free option for 2 plate clutches STD
NA 10.5 Synthetic (TranSynd) lubrication for Automatic Transmission 1 $ 145.00 145.00$
Loc002 10.6 Stainless Steel Transmission cooler lines 1 1,950.00$ 1,950.00$
NA 10.7 Synthetic lubrication for Manual Transmission STD
***** VOLVO AUTOMATED MANUAL TRANSMISSIONS
270707 10.8
VOLVO I-SHIFT FOR SEVERE DUTY, AT2612F DIRECT DRIVE, 12
SPEED $ 2,344.00 -$
270708 110.9 VOLVO I-SHIFT FOR SEVERE DUTY, ATO2612F, 12 SPEED $ 2,344.00 -$
270711 10.10 VOLVO I-SHIFT WITH CRAWLER, ATO2612F, 13 SPEED $ 4,566.00 -$
270714 10.11
VOLVO I-SHIFT WITH ULTRA-LOW CRAWLER, ATO2612F, 14
SPEED $ 4,566.00 -$
********** MANUAL TRANSMISSIONS
270721 10.12 EATON FULLER ADVANTAGE FAO15810C, 10 SPEED $ 989.00 -$
270722 10.13 EATON FULLER ADVANTAGE FAO16810C, 10 SPEED $ 1,103.00 -$
270733 10.17 EATON FULLER FRO-15210C, 10 SPEED $ (257.00)-$
270734 10.18 EATON FULLER FRO-16210C, 10 SPEED $ 561.00 -$
270735 10.19 EATON FULLER FRO-17210C, 10 SPEED $ 899.00 -$
270737 10.21 EATON FULLER RTO-14908LL, 10 SPEED $ 1,262.00 -$
270738 10.22 EATON FULLER RTO-16908LL, 10 SPEED $ 1,358.00 -$
270739 10.23 EATON FULLER RTO-14909ALL, 11 SPEED $ 1,826.00 -$
270740 10.24 EATON FULLER RTO-16909ALL, 11 SPEED $ 1,928.00 -$
270743 10.25 EATON FULLER RTLO-16913A, 13 SPEED $ 1,239.00 -$
270744 10.26 EATON FULLER RTLO-18913A, 13 SPEED $ 1,755.00 -$
270747 10.27 EATON FULLER RTLO-16918B, 18 SPEED $ 1,826.00 -$
270748 10.28 EATON FULLER RTLO-18918B, 18 SPEED $ 1,826.00 -$
***** FULLY AUTOMATIC TRANSMISSIONS
270762
10.29
ALLISON 3000 RDS SERIES 5 SPEED WITH PTO PROVISION -
SCAAN REQUIRED BEFORE ORDERING $3,113.00 -$
270765 10.30
ALLISON 4000 RDS SERIES 6 SPEED WITH PTO PROVISION -
SCAAN REQUIRED BEFORE ORDERING $7,410.00 -$
270768 10.31
ALLISON 4500 RDS SERIES 5 SPEED WITH PTO PROVISION -
SCAAN REQUIRED BEFORE ORDERING $7,586.00 -$
270769 10.32
ALLISON 4500 RDS SERIES 6 SPEED WITH PTO PROVISION -
SCAAN REQUIRED BEFORE ORDERING 1 8,086.00$ 8,086.00$
TKXB1X 10.34 UPGRADE DRIVELINE ONE SIZE $ 107.00 -$
TKXC1X 10.35 UPGRADE DRIVELINE TWO SIZES $ 127.00 -$
T4XAKX 10.36 REAR TRANSMISSION PTO, SAE 1310 FLANGE LOW SPEED $ 2,513.00 -$
T4XDMX 10.37
REAR TRANSMISSION PTO, DIN-CONNECTION PUMP MEDIUM
SPEED $ 2,108.00 -$
T4XF1X 10.38
REAR TRANS PTO, HEAVY DUTY, SAE 1350 / 1410 FLANGE HIGH
SPEED $ 2,053.00 -$
22
T4XH1X 10.39
REAR DOUBLE TRANS PTO, HEAVY DUTY, (1) SAE 1350 / 1410
FLANGE HIGH SPEED + (1) DIN-CONNECTION PUMP HIGH SPEED $ 2,399.00 -$
T4XJ1X 10.40
REAR TRIPLE TRANS PTO, HEAVY DUTY, (1) SAE 1310 FLANGE
LOW SPEED + (1) SAE 1350/1410 FLANGE HIGH SPEED + (1) DIN-
CONN. PUMP HIGH SPEED $ 3,184.00 -$
T4XG1X 10.41
REAR DOUBLE TRANS PTO, HEAVY DUTY, (2) DIN-CONN. PUMPS
HIGH SPEED $ 1,864.00 -$
T4XD5X 10.42 TRANSMISSION PTO PREP ELECTRIC / AIR SOLENOID $ 25.00 -$
RVXH5X 10.43 GEAR SHIFT LEVER, PREMIUM, I-Shift $ 25.00 -$
RVXH4X 10.44 GEAR SHIFT LEVER, DASH MOUNTED, PREMIUM, VOLVO I-SHIFT $ 145.00 -$
INTER 10.45 Local Change to Allison Programming - Performance Mode $ 1,450.00 -$
11.0 1
11.0 ELECTRICAL OPTIONS:1
NA 11.1 Resettable circuit breaker electrical protection No Bid
NA 11.2 Automatic reset circuit breakers No Bid
NA 11.3 Solid state circuit protection No Bid
L1XB1X 11.4 Circuit box under hood or end of frame, each No Bid
NFXD1X 11.5 Battery disconnect off negative side in cab control 1 $ 10.00 10.00$
NZZD1X 11.6 Remote jump start terminals $ 345.00 -$
5RXA1X 11.7 Back up alarm (Preco Factory Model)1 $ 23.00 23.00$
LSXG1X 11.8 OEM daytime running lights 1 STD
NA 11.11 Battery box aft of cab $ 178.00 -$
NA 11.12 Grote 44710 flasher No Bid
NPXB1X 11.13 Signal Stat 935 turn signal per Spec 12.6 1 STD
NZZACZ 11.14 Auxiliary customer access circuits 1 STD
NJXAAX 11.15
Switch for snowplow lights mounted on instrumental panel. Includes
wiring terminated near headlights, for customer mounted auxiliary
snowplow lights.1 $ 78.00 78.00$
NZZAAX 11.16
Power source terminal-2 stud type-mounted on firewall or inside cab
with ground to frame rail and to starter, with 6 gauge wire. $ 76.00 -$
EAXABX 11.17
10-position switch panel mounted on instrument panel. Includes 10
lighted switches, ignition control; switches will control relays which will
feed stud type juction block mounted inside cab.1 $ 663.00 663.00$
NZZABZ 11.18
Vehicle speed sensor with speed signal at fuse panel for sander ground
speed control system.1 $ 456.00 456.00$
12.0 1
12.0 CAB EXTERIOR OPTIONS:1
LZXD1X 12.2 Air horns, dual, round, with snow shields $ 165.00 -$
NA 12.3 Dual rectangular air horns 1 $ 165.00 165.00$
EDXB1X 12.4 Fender mirrors per Spec 12.4 $ 68.00 -$
3GXB1X 12.5 Heated mirrors per Spec 12.5 1 $ 99.00 99.00$
NA 12.6 Remote control for R.H. mirror No Bid
3GXC1X 12.7 Remote control for dual mirrors 1 $ 167.00 167.00$
NA 12.8 Upcharge for cab extension or larger cab No Bid
NA 12.9 Severe duty aluminum cab option No Bid
9801S0 12.10 Dupont Highway orange paint or equal $ 249.00 -$
955043 12.11 Premium paint color option $ 138.00 -$
955040 12.12 Imron paint option STD
955041 12.13 Imron and clear coat paint option 1 $ 152.00 152.00$
9811C2 12.14 Top of hood painted flat black $ 467.00 -$
2DX30X 12.15 Cab Air Ride Suspension 1 STD
28XC1X 12.16 Tilting hood per Spec 12.8 1 $ 367.00 367.00$
NA 12.17 Butterfly option on hood $ 378.00 -$
NA 12.18 Transverse hood opening w/setback axle No Bid
NA 12.19 Front fender mounted turn signals No Bid
4NXZ1X 12.20 Cab visor, external, painted to match cab color 1 $ 185.00 185.00$
65XA1X 12.21 Front fender extensions 1 $ 85.00 85.00$
NA 12.22 Front fender mud flaps 1 $ 22.00 22.00$
23
D2XB1X 12.23 Arctic winter wiper blades 1 $ 17.00 17.00$
NA 12.24 Optional windshield washer tank No Bid
20XB1X 12.25 Per truck charge for all trucks, key identical $ 25.00 -$
NA 12.26 RH observation prism window in door No Bid
NA 12.27 Spotlight LH, RH, or roof mounted each No Bid
4EXB1X 12.28 Front tow hooks $ 231.00 -$
6PXB1X 12.29 Rear tow hooks $ 85.00 -$
3FX49X 12.30 BLACK AERODYNAMIC EXTERIOR MIRRORS 1 $ 146.00 146.00$
EDXB7X 12.31 Heated fender mirrors 1 446.00$ 446.00$
WTXA1X 12.32 HEATED WINDSHIELD 1 $ 210.00 210.00$
13.0 1
13.0 CAB INTERIOR OPTIONS:1
540068 13.1 Medium grade interior trim package $ 110.00 -$
540070 13.2 Premium grade interior trim package 1 $ 150.00 150.00$
NA 13.3 Round universal gauge package 1 STD
2XX30X 13.4 Power window, passenger side $ 81.00 -$
2XX35X 13.5 Power window/both passenger and driver window 1 $ 150.00 150.00$
MC 13.6 O.E.M factory installed, AM/FM 1 STD
NA 13.7 O.E.M factory installed, air conditioning **STANDARD 1 STD
NA 13.8 Cab mounted non-resettable hour meter **STANDARD 1 STD
571018 13.9 Dash mounted air cleaner air restriction gauge $ 78.00 -$
CCXB1X 13.10 Transmission temp gauges 1 $ 79.00 79.00$
NA 13.11 Windshield defroster fan w/switch dash mounted STD
NA 13.12 Between seats mounted console $ 16.00 -$
NA 13.13 Transmission oil sensor (check & fill)1 STD
5JXA1X 13.14 CB hot jacks dash mounted 1 $ 26.00 26.00$
2WXA1X 13.15 Tilt & telescope steering wheel 1 $ 190.00 190.00$
2WZZ1X 13.16 Tilt steering wheel 1 STD
2WXA1X 13.17 SRS DRIVER SIDE AIR BAG IN STEERING WHEEL $ 138.00 -$
WPXA1X 13.18 TRACTION CONTROL ADDED TO ABS 1 $ 138.00 138.00$
13.19 Self canceling turn signals 1 STD
1List seating options for driver and passenger seats. Use as many
options as you need to offer seat variations customers have been
buying. 1
**********INTERIOR TRIM LEVELS 1
540066 13.22 X1 WREN VINYL TRIM PACKAGE STD
540068 13.23 X2 Raven Cloth TRIM PACKAGE $120.00 -$
540067 13.24 X3 WREN CLOTH WITH MIGRATION PATTERN $120.00 -$
540070 13.25 X4 RAVEN MORDURA CLOTH $195.00 -$
540069 13.26 X5 WREN VINYL / WREN CLOTH 1 $ 195.00 195.00$
540072 13.27 X7 WREN LEATHER $345.00 -$
540071 13.28 X6 WREN LEATHER / WREN CLOTH WITH ORANGE ACCENT $195.00 -$
SEAT MANUFACTURER -$
35XD1X 13.29 NATIONAL SEAT 1 STD
35XB1X 13.30 BOSTROM SEAT $ 50.00 -$
35XH1X 13.31 SEARS SEAT $ 55.00 -$
13.32 DRIVER SEAT TYPE -$
3YXF2X 13.33 AIR SUSPENSION HIGH BACK $ 35.00 -$
3YXG8X 13.34 COMFORT AIR SUSPENSION HIGH BACK 1 $ 69.00 69.00$
3YXG9X 13.35 COMFORT AIR SUSPENSION HIGH BACK, HEATED $ 112.00 -$
3YXJ1X 13.36 COMFORT AIR SUSPENSION HIGH BACK WITH BACK CYCLER $ 25.00 -$
PASSENGER SEAT TYPE -$
32X40X 13.38 STATIONARY BENCH SEAT WITH TOOL BOX $ 375.00 -$
32XF3X 13.39 AIR SUSPENSION HIGH BACK $ 148.00 -$
32XG8X 13.40 COMFORT AIR SUSPENSION HIGH BACK 1 $ 214.00 214.00$
24
32XG9X 13.41 COMFORT AIR SUSPENSION HIGH BACK, HEATED $ 228.00 -$
32XJ1X 13.42 COMFORT AIR SUSPENSION HIGH BACK WITH BACK CYCLER $ 368.00 -$
32X99X 13.42 NO PASSENGER SEAT PROVIDED $ (58.00)-$
SEAT ARMREST -$
3PXZ1X 13.43 NO SEAT ARMREST PROVIDED $ (5.00)-$
3PXA1X 13.43 INBOARD DRIVER SEAT ARMREST $ 19.00 -$
3PXA5X 13.43 INBOARD / OUTBOARD DRIVER SEAT ARMREST $ 38.00 -$
3PXC1X 13.43 INBOARD DRIVER AND PASS SEAT ARMREST $ 38.00 -$
3PXC5X 13.43
INBOARD / OUTBOARD DRIVER AND PASSENGER SEAT
ARMREST 1 $ 76.00 76.00$
SAFETY BELT LENGTH -$
K7AA1X 13.44 STANDARD SAFETY BELT LENGTH 1 STD
K7AC1X 13.45 EXTENDED SAFETY BELT LENGTH $ 50.00 -$
SAFETY BELT DRIVER SEAT -$
OUXA1X 13.46 SAFETY BELT DRIVER SEAT, BLACK STD
OUXC1X 13.47 SAFETY BELT DRIVER SEAT, ORANGE 1 $ 8.00 8.00$
OUXD1X 13.48 SAFETY BELT DRIVER SEAT, LIME GREEN $ 10.00 -$
SAFETY BELT PASSENGER SEAT -$
OXXA1X 13.49 SAFETY BELT PASSENGER SEAT, BLACK STD
OXXA2X 13.50 SAFETY BELT PASSENGER SEAT, ORANGE 1 $ 8.00
OXXA7X 13.51 SAFETY BELT PASSENGER SEAT, LIME GREEN $ 10.00
14.0 1
14.0 MN/DOT OPTIONS:1
14.1 Additional warranty coverage per spec 12.9
M510Z1 14.2 Engine Plan 2 60 months 250,000 miles 2,910.00$ -$
M51131 14.3 Engine Plan 2 72 months 250,000 miles 4,690.00$ -$
M51141 14.4 Engine Plan 2 84 months 250,000 miles 6,270.00$ -$
M511B1 14.5 Engine Plan 2 60 months 250,000 miles - HP over 460 horses 4,308.00$ -$
M511F1 14.6 Engine Plan 2 72 months 250,000 miles - HP over 460 horses 6,961.00$ -$
511G1 14.7 Engine Plan 2 84 months 250,000 miles - HP over 460 horses 9,414.00$ -$
M53083 14.8 Engine after-treatment systems (EATS) 60 months 250,000 miles 942.00$ -$
M530Y3 14.9 Engine after-treatment systems (EATS) 72 months 250,000 miles 1,708.00$ -$
M531O3 14.10 Engine after-treatment systems (EATS) 84 months 250,000 miles 2,274.00$ -$
M53083 14.11 Engine after-treatment systems (EATS) 60 months 250,000 miles - HP
over 460 horses 1,566.00$ -$
M530Y3 14.12 Engine after-treatment systems (EATS) 72 months 250,000 miles - HP
over 460 horses 2,087.00$ -$
M531O3 14.13 Engine after-treatment systems (EATS) 84 months 250,000 miles - HP
over 460 horses 2,408.00$ -$
M54174 14.14 iShift HD Transmission 48 months 500,000 miles 2,166.00$ -$
M54184 14.15 iShift HD Transmission 60 months 500,000 miles 3,216.00$ -$
N/A 14.15 Allison 60 month unlimited mileage Extended Warranty 1,312.00$ -$
M560A6 14.16 HVAC (Air Conditioning) 60 months 840.00$ -$
M59089 14.17 Starter 60 months 300,000 miles 282.00$ -$
M60080 14.18 Alternator 60 months 300,000 miles 324.00$ -$
M61071 14.19 Starter & Alternator 60 months 300,000 miles 438.00$ -$
14.20 Prebuild specification meeting (per person) to be held in St.
Paul/Minneapolis area. 1.00$ -$
14.21 Pilot inspection meeting (per person). 2,250.00$ -$
1
14.9 TRAILER TOW OPTIONS:1
MC 15.1 Trailer tow package extended to rear of frame $ 636.00 -$
MC 15.2 Trailer package extend to rear of frame per Spec 12.12 $ 947.00 -$
1
15.9 MANUALS / INTEREST FEE:1
25
16.0
Percent interest per month (non-compounding) on unpaid cab & chassis
balance. Applies only to CPV Members. (Payable after trade-in is
delivered to vendor). Percentage/per month. -$
16.1 SEE Exhibit C : Specifications re interest to State agencies.
16.2 Premium Tech Tool $ 4,000.00 -$
Premi 1
16.9 Delivery Charges:1
17.0 Price per loaded mile Starting Point
17.1.Roseville 2.50$ -$
1
17.9 Maintenance/ Body Shop Labor rates 1
18.0 Rate for Initial Inspection/Diagnostic 195.00$ -$
18.1 Rate for Mechanical Work 195.00$ -$
18.2 Rate for Body Work 195.00$ -$
1
18.9 Quantity Discounts:1
19.0
Enter the number of units that must be purchased and the
corresponding discount offered to the purchaser. More than one
quantity discount may be entered.-$
1
20.0 Next Model Year Upcharges 1
20.0 Enter the following Production Model Year here >>>>>>>>>2026
20.1 Percentage Upcharge for the following Model Year Base Unit 1 3.00%3,471.78$
20.1 Percentage Upcharge for the following Model Year Options 1 3.00%954.57$
Total 151,971.35$
26
TRKQT3MOD022324
Ship To: Cust: Phone:Bill To:Phone:
ATTN:
Reference No.
Accepted by Date
PO#Salesman Created Last Revised Appx CompTerms
Serial No.
Price:
Total Discounts:
Net Cost:
Freight
Total:
GOLDEN VALLEY, CITY OF
7800 GOLDEN VALLEY RD
GOLDEN VALLEY
GOLDEN VALLEY, CITY OF
7800 GOLDEN VALLEY RD
GOLDEN VALLEY
MARSHALL BUEGEN
CHRIS GUGGEMOS
QT 93690
NET 30 DAYS 2/03/25 2/04/25
3001
$28,421.00
Order Comments: STATE OF MN CONTRACT
#222949 AMENDED
Qty Part No.Description Price Ea. Net Amt.
1 9906313 - Control Add-on Force 6100 30 ft ISOBUS DLA 3 LANE Harness $506.00 $506.00
Kit for Chassis Side, 10/20 Port (includes power harness, CAN
CAN harness, & ISOBUS connector)
1 9901757 - VariTech Ind. LDS AI1325-DAS HYD POWERED Anti-Ice System $14,719.00 $14,719.00
1 9901760 - VariTech Ind. Tank Tamer® Ball Baffle System AI1325 $2,610.00 $2,610.00
1 9901752 - VariTech Ind. 3 Lane Plumbing Package UPGRADE, AI1035-2600 $2,658.00 $2,658.00
1 9906373 - TMTE CS A-FRAME skid for Hooklift, painted Gloss Black, $7,887.00 $7,887.00
AI1325-DAS
1 9906364 - VariTech DEDUCT, Delete std galv skid framework, AI1325-DAS $2,084.00- $2,084.00-
1 9901748 - Anti-Icing Installation of anti-icing system (A-FRAM $2,125.00 $2,125.00
HOOKLIFT TYPE)
$28,421.00
$28,421.00
MN 55427 USA MN 55427
0/00/00
** QUOTATION **
27
General Terms and Conditions for the Sale of Goods
by
Subsidiaries of ASH North America, Inc
1.1. These General Terms and Conditions for the Sale of Goods
(these "Terms") govern the sale and delivery of all goods and products(the
"Products"), and all transactions incidental thereto, by such subsidiary of ASH North
America, Inc. identified on the respective Confirmed Order (as defined below) as the
seller or supplier ("Seller") to any of its customers (each a "Customer"). The liability
of each such subsidiary under these Terms or any Confirmed Order shall be several
and not joint. Customer acknowledges and agrees that nothing in these Terms or any
Confirmed Order shall be construed as implying joint liability in any case of ASH
North America, Inc. or any of its subsidiaries. Each Seller shall be solely responsible
for its own acts or omissions under the respective agreement with Customer.
1.2. No other terms or conditions shall be of any force or effect unless otherwise
specifically agreed upon by Seller in a writing duly executed by an authorized officer
of Seller. These Terms supersede any and all prior oral quotations, communications,
agreements, or understandings of the parties in respect to the sale and delivery of
the Products. The Seller may issue additional Terms and Conditions of Sale for
certain products. These shall apply in addition to to the present Terms. Any additional
or different terms or conditions contained in Customer's Order (as defined below),
response to Seller´s confirmation, or any other form or document supplied by
Customer are hereby expressly rejected and are rendered null, void, and of no effect.
These Terms may not be modified, amended, waived, superseded, or rescinded,
except by written agreement signed by an authorized officer of Seller.Delivery of the
Products by Seller does not constitute acceptance of any of Customer´s terms and
conditions and do not serve to modify or amend these Terms.
1.3. The issuance of an Order (as defined below) by Customer to
Seller or any communication or conduct of Customer which confirms
an agreement for the delivery of Products by Seller, as well as acceptance in whole
or in part by Customer of any delivery of Products by Seller, shall be construed as
Customer´s acceptance of theseTerms.
Status 2024
1. SCOPE AND VALIDITY
2. OFFERS, ORDERS AND CONFIRMATION
2.1. Unless otherwise specified by Seller in writing, all offers made by Seller
are not binding and may be revoked by Seller at any time without any liability
to Customer.
2.2. Customer shall issue to Seller orders for the purchase of Products, in
written form via the order process determined by Seller from time to time
(each, an "Order"). By issuing an Order to Seller, Customermakes an offer to
purchase the Products pursuant to these Terms and the terms set forth on
such Order. Provided that the Order contains the same terms as in Seller´s
corresponding offer, the Order shall be binding on Customer for six (6)
weeks after Seller´s receipt of such Order.
2.3. Seller may refuse an Order for any or no reason. No Order is binding
upon Seller until Seller´s acceptance of the Order in writing, the issuance of
any governmental permit, license, or authority to Seller, as may be required
under applicable laws, rules and regulations, and the receipt by Seller of a
resale license to be provided by Customer (a "Confirmed Order").
2.4. Specifications and other information on drawings, data sheets, pictures,
plans, brochures, catalogs, or Seller´s website shall not be binding on Seller
unless such specifications and information have been agreed to in writing by
Seller in a Confirmed Order. Notwithstanding a Confirmed Order, Seller shall
have no obligation to deliver Products to Customer or otherwise fulfill any of
its obligations set forth in a Confirmed Order if Customer is in breach of any
of its obligations hereunder or any Confirmed Order.
2.5. Customer may submit to Seller written requests to change the terms of a
Confirmed Order (each such request, a "Change Order Request"). Seller
may, at its sole discretion, consider such Change Order Request, provided
that Seller will have no obligation to perform any Change Order Request
unless and until Seller has agreed in writing to adopt such Change Order
Request. If Seller elects to consider such a Change Order Request, then
Seller shall promptly notify Customer of any adjustment to the applicable
purchase price for the Products.
2.6. In the event Customer cancels any Confirmed Order for any reason,
Customer shall reimburse to Seller all of Seller´s costs and
expenses associated with or incurred due to such cancellation, including but not limited
to the cost of raw materials, labor, and storage if cancellation occurs before Seller´s
commencement of production. In the event Customer cancels any Confirmed Order for
any reason and Seller has started the production of the Product on the respective
Confirmed Order, Customer shall pay to Seller the full purchase price.
2.7. Each Confirmed Order shall be considered a separate agreement between the
parties, and any failure to deliver the Products under any Confirmed Order shall have no
consequences for other deliveries of Products.
3. PRICES
3.1. Unless otherwise agreed to by the parties in the applicable Confirmed Order,
the prices of the Products shall be FCA (agreed delivery location on the applicable
Confirmed Order), Incoterms 2022.
3.2. Unless otherwise agreed by the parties in a Confirmed Order, the price of the
Products shall not include transportation, insurance, packaging, and Tooling (as
defined below) and other materials used for the manufacturing and delivery, sales
or Heavy Vehicle Use Tax (HVUT), other use tax or any other similar applicable
federal, state or foreign taxes, duties, levies, or charges in any jurisdiction in
connection with the sale or delivery of the Products ("Taxes"), Such Taxes shall be
payable by Customer, and if Seller is responsible for the collection thereof, such
Taxes shall either be added to the price invoiced or be separately invoiced by
Seller to Customer. Any special requests concerning shipping, transportation, and
insurance shall be communicated to Seller in a timely manner and subject to
Seller´s prior written approval. Customer shall bear all costs resulting from such
requests.In case of lead delivery times of more than two (2) months, Customer
hereby acknowledges and agrees that Seller, may, at its sole discretion, increase
or decrease the agreed prices on any Confirmed Order in the event of material
price changes in wages, materials, energy or raw material after the date of the
Confirmed Order.
4. PAYMENT TERMS
4.1. Except as set forth in Section 4.2 or unless otherwise agreed in
writing by Seller, the purchase price for the Products and all other
amounts due under a Confirmed Order shall be due and payable in US
dollars within thirty (30) days following the date of Seller´s invoice for
such Products without any discount, deduction or offset whatsoever. In
no event shall any loss, damage, injury or destruction, Force Majeure
(as defined below), or any other event beyond Customer´s control release
Customer from its obligation to make the payments required herein. Payment of all
amounts due hereunder shall be made by bank transfer or in any other manner
set forth on Seller´s invoice. Customer shall be solely responsible for any bank
fees, or other fees, incurred due to the wire transfer or any other selected payment
method. If Seller agrees to payment by credit card, Seller shall charge an
appropriate transaction fee, which the Customer shall also pay.
4.2. In the event Seller becomes aware of circumstances or has reason to believe
that there are circumstances that may have an adverse effect on Customer´s
financial condition, Seller may require the Customer to pay the total amount of the
purchase price or fees, or a portion thereof prior to the delivery of the Products.
Seller may, without any liability to Customer, refuse the delivery of any Product in
the event the Customer fails to make the payment as required under this Section
4.2.
4.3. Time is of the essence for the payment of all amounts due to
Seller under any Confirmed Order. If Customer fails to make payments
of any amount when due, Customer shall pay interest to Seller at the
rate of one percent (1%) per month or such lesser amount as may be
permitted by applicable law starting from the due date until payment to
Seller of such amount in full. In addition to the interest, Seller may, at
its sole discretion, charge the Customer a flat fee of $40 for each reminder notice
issued to Customer due to late payments. If Customer fails to comply with these
Terms or a Confirmed Order, or if Customer becomes insolvent, all balances then
due and owing to Seller shall become due immediately, notwithstanding any
payment terms agreed by the parties. All costs and expenses incurred by Seller
with respect to the collection of overdue payments (including, without limitation,
reasonable attorney´s fees, expert fees, and other expenses of litigation) shall be
borne by Customer. Every payment by Customer shall first be
28
5.1. If Seller extends credit to Customer for the purchase price for any Products
(including but not limited to pursuant to Section 4.1.), or any other amounts due to
Seller, Customer hereby grants to Seller as security for the timely payment and
performance of all Customer´s payment obligations to Seller, a first priority security
interest (the "Security Interest") in all Products heretofore or in the future delivered to
Customer and in the proceeds thereof for as long as such Products shall not have
been sold by Customer in the ordinary course of business (the "Collateral"). Seller
shall be entitled to file any and all financing, continuation, or similar statements under
the Uniform Commercial Code in any jurisdiction and take any and all other action
necessary or desirable, in Seller´s sole and absolute discretion, to perfect its Security
Interest in the Collateral and to establish, continue, preserve, and protect Seller´s
Security Interest in the Collateral. Customer agrees to take any and all actions and
provide Customer with all information necessary to enable Seller to perfect and
enforce its Security Interest in all jurisdictions and vis-à-vis any of Customer´s
creditors, and hereby irrevocably grants to Seller a power of attorney to execute all
necessarystatements or documents in Customer´s name for the perfection and
enforcement of such Security Interest. The Security Interest shall remain in force until
payment in full of the entire purchase price for such Products, and any other amounts
due to Seller by Customer. Seller may, without notice, change or withdraw
extensions of credit at any time.
applied to pay for Seller´s cost of collection, then interest owed by Customer, and
then to the oldest outstanding claim.
4.4. Notwithstanding anything in the foregoing Section 4.3 or Section 5, if the
parties agreed on installment payments in a Confirmed Order and Customer fails
to make any installment payment when due, the remaining balance including
accrued interest, and any expenses incurred by Seller shall be due and payable
to Seller promptly upon Customer´s receipt of written notice of delinquency from
Seller.
5. SECURITY INTEREST
2
6. OBLIGATIONS OF CUSTOMER
6.1. Customer shall use the Products solely for their intended purpose and pursuant to
Seller´s instructions, and agrees to use only qualified personnel for the handling of the
Products. Customer shall ensure that its customers, employees, agents, and other
representatives comply with this Section 6.1. and shall be responsible for their acts
and omissions.
7. DELIVERY AND ACCEPTANCE
7.1. Unless otherwise agreed in writing by Seller, all deliveries of Products shall be
made FCA (agreed delivery location) (Incoterms 2020) and title to and risk of loss
for the Products shall pass to Customer upon delivery pursuant to this Section 7.1.
7.2. Any delivery and performance times or dates communicated by or on behalf of
Seller are estimates and shall not be binding on Seller. Seller may make partial
delivery of Products to be delivered under any Confirmed Order and invoice
Customer separately for such partial deliveries or performance. If Customer has not
received the Products after six (6) weeks from the estimated delivery date,
Customer may make a written request to Seller for delivery. Customer hereby
acknowledges and agrees that the actual delivery date of the Products is
conditioned upon the complete, accurate and timely delivery of materials from
Seller´s vendors and suppliers. No delay in delivery of any Productsshall relieve
Customer of its obligation to accept the delivery or performance thereof and make
payments of any amounts due in accordance with these Terms, including but not
limited to delays caused governmental restrictions on exports or imports and similar
measures.
7.3. Customer´s failure to accept the delivery of Products pursuant to a Confirmed
Order shall not release or excuse Customer from its obligation to timely pay all
amounts due in connection with such Confirmed Order. The Products shall be
deemed delivered at the time theyhave been made available to Customer. If
Customer rejects or revokes acceptance of Products, or fails to pay any amounts
when due, Seller, in its sole and absolute discretion, may extend the period of
delivery of Products by such period as Seller may deem reasonable with such
period not exceeding three (3) months from the agreed delivery date, or withhold or
cancel delivery of any Products, or cancel any or all Confirmed Orders without any
further obligations to Customer whatsoever.
In such event, Customer shall be responsible for any and all costs and
expenses incurred, or damages or losses suffered by Seller in connection with
any such delay notwithstanding any action or inaction by Seller with regard to
such delay. Any remaining Products that have not been accepted by Customer
within the extended delivery period determined by Seller will be delivered and
invoiced by Seller to Customer and Customer agrees to accept such delivery and
pay for the purchase price and other amounts payable for the delivered Products.
8. EXAMINATION AND CONFORMITY TO ORDER
8.1. Promptly upon receipt of any Products, Customer shall conduct
a full and complete inspection of such Products as to any defects and to confirm
compliance with all requirements of the applicable Confirmed Order. Customer shall
notify Seller in writing of any packaging defects, apparent defects, or non-compliance
of such Products with the applicable Confirmed Order that Customer has or could
reasonably have discovered during such inspection within seven (7) days from the
date of receipt of such Products, and Customer shall notify Seller in writing within
three (3) days of the date on which Customer shall first have become aware of any
hidden defect or non-compliance which could not reasonably have been discovered
during Customer´s initial inspection of the Products. Such notification shall include
reasonable details (including images) on the alleged defects including lot, batch,or
Order numbers.
8.2. If Customer fails to timely notify Seller of any defects or other non-compliance of
any Products delivered or Customer (or its customers, employees, agents, or
representatives) uses, destroys, or modifiesany Products that Customer knows or
should have known to be defective or non-compliant without Seller´s prior written
consent, Customer shall be deemed to have unconditionally accepted such Products
and waived all of its claims for breach of warranty or otherwise in respect
of such Products.
8.3. Customer may only return the Products to Seller with Seller´s prior written
approval. If the return has been approved by Seller, Customer shall return the
Products to Seller at Customer´s sole risk and expense to the destination directed by
Seller.
8.4. Complaints of Customer in connection with the shipping or
transport shall be directed to the carrier promptly upon receipt of the
delivery or the freight documents.
9. LIMITED PRODUCT WARRANTY
9.1. Seller warrants to Customer that the Products will be free of defects in material
and workmanship and conform with the requirements set forth in the applicable
Confirmed Order for a period of twelve (12) months from the date of delivery for new
business Products and ninety (90) days for after sales Products. (the "Limited
Product Warranty").
9.2. Unless expressly agreed to in writing by Seller, Seller makes no warranty that
the Products comply with applicable law, regulations,or specifications in any
jurisdiction in which the Products may be used, integrated or incorporated. Any
governmental or other approvals necessary in connection with the use, integration or
incorporation of the Products shall be Customer´s sole responsibility.
9.3. The Limited Product Warranty shall be void if the Defect (as defined below)
resulted from (a) improper or inadequate use, storage,handling, operation,
integration, incorporation, assembly, maintenance, or unauthorized alteration,
modification, repair of the Products (including without limitation, the use storage,
handling, operation, or integration of the Products contrary to written instructions
and/or recommendations of Seller or inadequate training of personnel), (b)changes to
construction and materials pursuant to Customer´s requests, (c) use of improper
tools, resources, or accessories including those but not limited to any third party
tools, resources, or accessories that are not approved by Seller or not in accordance
with Seller´s recommendations, instructions, or directions, (d) acts or omissions of
Customer or third parties following delivery of the Product, (e) Customer´s failure to
properly communicate Seller´s instructions and warnings to users of the Products, (f)
Customer´s, its employees, agents, representatives, customers or any third party´s
non-compliance with applicable laws, rules and regulation, (g) Force Majeure, or (h)
ordinary wear and tear of the Products (e.g., sweep bristles).
29
10.1. IN NO EVENT SHALL SELLER BE LIABLE TO CUSTOMER, ITS
CUSTOMERS, EMPLOYEES, AGENTS, AND OTHER REPRESENTATIVES FOR
ANY INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL OR CONSEQUENTIAL
DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF
PROFITS, REVENUE, GOODWILL, OR USE, WHETHER IN AN ACTION IN
CONTRACT, TORT, STRICT LIABILITY, OR IMPOSED BY STATUTE, OR
OTHERWISE, EVEN IF SELLER WAS ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES. NOTWITHSTANDING ANY OF THE TERMS CONTAINED HEREIN,
SELLER´S LIABILITY FOR ANY CLAIM èWHETHER BASED UPON CONTRACT,
TORT, EQUITY, NEGLIGENCE, OR ANY OTHER LEGAL CONCEPT è SHALL IN
NO EVENT EXCEED THE PURCHASE PRICE PAID BY THE CUSTOMER FOR
THE PRODUCTS, GIVING RISE TO SUCH CLAIM. CUSTOMER HEREBY
ACKNOWLEDGES AND AGREES THAT THE PROVISIONS OF THESE TERMS
FAIRLY ALLOCATE THE RISKS BETWEEN SELLER AND CUSTOMER, THAT
SELLER´S PRICING REFLECTS THIS ALLOCATION OF RISK, AND BUT FOR
THIS ALLOCATION AND LIMITATION OF LIABILITY, SELLER WOULD NOT
HAVE ENTERED INTO AN AGREEMENT WITH CUSTOMER FOR
THE SALE OF THE PRODUCTS.
10.2. Seller shall not be liable for, and Customer assumes responsibility and shall
indemnify, defend, and hold Seller harmless for any and all claims, including without
limitation claims for personal injury or property damages, resulting from (a) the
improper or inadequate use, storage, handling, operation, assembly, integration,
incorporation, assembly, maintenance, or unauthorized alteration, modification, or
repair of the Products (including without limitation, the use storage, handling,
operation, or integration of the Products contrary to written instructions and/or
recommendations of Seller or inadequate training of personnel), (b) changes to
construction and materials pursuant to Customer´s requests, (c) use of improper
tools, resources, or accessories including those but not limited to any third party
tools, resources, or accessories that are not approved by Seller or not in accordance
with Seller´s recommendations, instructions, or directions, (d) acts or omissions of
failure to properly communicate Seller´s instructions and warnings to users of the
Products, or (f) Customer´s, its employees, agents, representatives, customers or
any third party´s non-compliance with applicable laws, rules and regulation, (g) Force
Majeure, or (h) ordinary wear and tear of the Products (e.g., sweep bristles).
10.3. In jurisdictions that limit or preclude limitations or exclusion of remedies,
damages, or liability, such as liability for gross negligence or willful misconduct or do
not allow implied warranties to be excluded, the limitation or exclusion of warranties,
remedies, damages, or liability set forth in these Terms are intended to apply to the
maximum extent permitted by applicable law, and these Terms shall be deemed
amended to comply with such limitations or exclusions. Customer may also have
other rights that vary by state, country or other jurisdiction.
1.1. "Confidential Information" means: (i) any know-how, trade secrets, and
other business or technical information of Seller that is confidential or
proprietary or due to its nature or under the circumstances of its disclosure
the Customer knows or has reason to know should be treated as confidential
or proprietary, including but not limited to quotations, drawings, project
documentation, samples and models.
11.2. Confidential Information does not include information that: (i) is or
becomes generally known to the public through no fault or breach of
these Terms by the Customer; (ii) is rightfully known by the Customerat the
time of disclosure without an obligation of confidentiality; (iii) is
independently developed by the Customer without use of Seller´s
Confidential Information; (iv) is rightfully received by the Customer from a
third party without restriction on use or disclosure; or (v) is disclosed with
Seller´s prior written approval.
11.3. Customer shall not use Seller's Confidential Information except as
necessary to use the Products and will not disclose such Confidential
Information to any third party except to those of its employees, agents,
subcontractors, or representatives who have a bona fide need to know such
Confidential Information to enable Customer to use the Products; provided
that each such employee, agent, subcontractor,and/or representative is/are
bound by a written agreement that contains use and nondisclosure
restrictions not less stringent than the terms set forth in this Section 11.3.
The Customer will employ all reasonable steps to protect Seller´s
Confidential Information from unauthorized use or disclosure, including, but
not limited to, all steps that it takes to protect its own information of like
importance. The foregoing obligations will not restrict the Customer from
disclosing Seller's Confidential Information: (i) pursuant to the order or
requirement of a court, administrative agency, or other governmental body,
provided that the Customer gives reasonable notice to Seller to contest such
order or requirement; (ii) to its legal or financial advisors; and (iii) as required
under applicable securities regulations.
11.4. In the event of a violation or threatened violation of Customer´s
obligations under this Section 11, Seller shall be entitled to seek equitable
relief, including in the form of a restraining order, orders for preliminary or
permanent injunction, specific performance and any other relief that may be
available from any court, without the requirement to secure or post any
bond, or show actual monetary damages in connection with such relief.
These remedies shall not be deemed to be exclusive but in addition to all
other remedies available under these Terms, at law, or in equity.
9.4. In the event of an alleged breach of the Limited Product Warranty (a "Defect"),
Customer shall, at Customer´s sole expense, send the Product to Seller. Seller shall
conduct the necessary tests on such Product within a reasonable period. If Seller
confirms the Defect, Sellershall, at its sole option and discretion, repair or replace the
Defective Product. If the repair or replacement of the Defective Product is
commercially unreasonable to Seller, Seller may, at its sole discretion, issue a refund
to Customer in the amount Seller deems adequate. Such repair, replacement, or
refund shall be the sole liability of Seller and the sole remedy of Customer with
respect to a Defect. In no event shall any warranty claims for a Defect be made after
twelve (12) months from the date of Customer´s receipt of the Products. Any
Products or parts returned to Seller for removal or repair under this Section 9.4 shall
be the property of Seller. Any applicable Limited Product Warranty period shall not
start anew with the repair or replacement of the Defective Product (or any portion
thereof).
9.5. Except for Limited Product Warranty, SELLER HEREBY EXPRESSLY
EXCLUDES AND DISCLAIMS ANY AND ALL OTHER WARRANTIES, WHETHER
EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE OR NONINFRINGEMENT. Seller makes no other warranties with respect
to the Products, and no person is authorized to make any warranties on behalf of
Seller that are inconsistent with the warranties set forth under this Section 9.
10. LIMITATION OF LIABILITY
11. CONFIDENTIALITY
3
12. INTELLECTUAL PROPERTY
12.1 Seller reserves the sole and exclusive ownership of the intellectual
property rights in the Products (including but not limited to the technology
used to manufacture the Products) and any improvements thereof
regardless of inventorship or authorship. Customer shall not (and shall
cause its employees, agents, representatives and customers to not)
reverse engineer, decompile, disassemble, or decode any of Seller´s
intellectual property embedded or used in any of the Product.
13. FORCE MAJEURE
13.1. Seller shall not be responsible for any failure or delay in its
performance under these Terms due to causes beyond its reasonable
control, including, but not limited to, disruptions of the public power
supply, communications, and transportation infrastructure, governmental
measures, malware or hacker attacks, fire, extraordinary weather events,
epidemics, pandemics (or any government restrictions implemented as a
result thereof), nuclear and chemical accidents, earthquakes, war, terrorist
attacks, labor disputes, strikes, lockouts, shortages of or inability to obtain
labor, energy, raw materials or supplies, or other acts of God.
14. MISCELLANEOUS
14.1. If any provision contained in these Terms or any Confirmed Order is
held by final judgment of a court of competent jurisdiction to be invalid,
illegal, or unenforceable, such invalid, illegal, or unenforceable
30
16.1. These Terms and the Confirmed Orders shall be governed by
and construed in accordance with the laws of the State of Wisconsin
without giving effect to any choice or conflict of law provision or rule that would
defer to or cause the application of the substantive laws of any jurisdiction other
than Wisconsin. The parties hereby expressly exclude the application of the 1980
United Nations Convention on Contracts for the International Sale of Goods.
16.2. Any dispute, controversy, or claim arising out of or relating to
these Terms and any Confirmed Order, including but not limited to the
execution, performance, or termination thereof or to any issue of liability arising
out of the performance of these Terms or any Confirmed Order, which the parties
have not been able to settle amicably shall be submitted to the exclusive
jurisdiction of the state or federal courts with jurisdiction in the County of Calumet,
Wisconsin, provided that notwithstanding the foregoing, Seller shall be entitled to
seek specific performance and injunctive relief in any court of competent
jurisdiction. Each party hereby waives any and all claims, pleas, or defenses
(including without limitation a plea for forum non conveniens) that would permit
such party to seek the jurisdiction of any courts or arbitration tribunals other than
those set forth in the preceding sentence.
16.3. EACH PARTY HEREBY WAIVES, TO THE FULLEST EXTENT
PERMITTED BY APPLICABLE LAW, ANY RIGHT IT MAY HAVE TO
A TRIAL BY JURY IN ANY LEGAL PROCEEDING DIRECTLY OR INDIRECTLY
ARISING OUT OF OR RELATING TO THESE TERMS.
16. APPLICABLE LAW AND JURISDICTION
4
Order, the provisions of the Confirmed Order will govern and control. Seller may
amend or modify these Terms from time to time. Seller may, at its sole discretion,
provide Customer with written notice of any such changes, revisions,
amendments, or modifications, provided, however that any such changes,
revisions, amendments, or modifications shall become effective without any
further action by any party and that they shall not apply to any Confirmed Order
prior to the effective date of such changes, revisions, amendments, or
modifications.
provision shall be severed from the remainder of these Terms or such
Confirmed Order, and the remainder of these Terms or such Confirmed
Order shall be enforced. In addition, the invalid, illegal, or unenforceable provision
shall be deemed to be automatically modified, and, as so modified, to be included
in these Terms, such modification being made to the minimum extent necessary
to render such provision valid, legal,and enforceable.
14.2. Seller may assign its rights and/or delegate its liabilities under
any Confirmed Order at any time. Customer may not assign its rights
or delegate its responsibilities under a Confirmed Order without
Seller´s prior written consent.
14.3. Seller´s waiver of any breach or violation of these Terms or the
provisions of any Confirmed Order by Customer shall not be construed
as a waiver of any other present or future breach or breaches by Customer.
14.4. The parties hereto are independent contractors and nothing in
these Terms will be construed as creating a joint venture, partnership,
employment, or agency relationship between the parties.
14.5. Notices by a party regarding the exercise of rights and obligations under
these Terms must be signed by authorized representatives of such party, and
delivered via courier, mail, or e-mail to the other party´s address indicated in the
applicable Confirmed Order, providedthat a notice by e-mail shall only be validly
given if receipt thereof is acknowledged in writing by the recipient.
15. ENTIRE AGREEMENT; CONFLICTS.
15.1. These Terms, including the applicable Confirmed Order, constitute the
entire and exclusive agreement of the parties regarding thesubject matter hereof
and supersede any and all prior or contemporaneous agreements,
communications, and understandings (both written and oral) regarding such
subject matter. In the event of a conflict between the provisions of these Terms
and the provisions of a Confirmed
31
TRKQT3MOD022324
Ship To: Cust: Phone:Bill To:Phone:
ATTN:
Reference No.
Accepted by Date
PO#Salesman Created Last Revised Appx CompTerms
Serial No.
Price:
Total Discounts:
Net Cost:
Freight
Total:
GOLDEN VALLEY, CITY OF
7800 GOLDEN VALLEY RD
GOLDEN VALLEY
GOLDEN VALLEY, CITY OF
7800 GOLDEN VALLEY RD
GOLDEN VALLEY
MARSHALL BEUGEN
TIM ERICKSON
QT 73250
NET 30 DAYS 5/05/22 2/04/25
3001
Order Comments: STATE OF MN CONTRACT
#222949 AMENDED
Build Instructions F.O.B. LITCHFIELD, MN
Qty Part No.Description Price Ea. Net Amt.
1 9900012 - Body 11'0" EDGE-SC/SCIS-46-36-36 - - 46" 3/16" Hardox-450 $15,486.00 $15,486.00
Front, 36" 3/16" Hardox-450 sides (no pockets), 36" 3/16" Hard
1 9905762 - HOOK 200 11' & 400 14' SERIES A-Frame & Sub Frame With $4,248.00 $4,248.00
Rollers (not for AI system Use)
1 9905764 - DEDUCT Longsills - Towmaster SGL Body HOOKLIFT Application $778.00- $778.00-
(must add A-Frame Subframe Option)
1 9901704 - Painting of Dump Body; includes media blasting of entire $4,522.00 $4,522.00
exterior & understructure, Urethane Primed, & Urethane Top Coat
1 9901701 - Installation of Dump Body to hoist $2,262.00 $2,262.00
1 9900145 - Body acc'y TMTE Air trip kit, w/solenoid valve,$399.00 $399.00
1 9901702 - Installation of air operated tailgate latch kit, with $425.00 $425.00
solenoid valve in hydraulic valve enclosure.
1 9900147 - Body acc Box Vibrator - Cougar model DC3200 $796.00 $796.00
1 9901703 - Installation of Box Vibrator, with solenoid located in $496.00 $496.00
hydraulic valve enclosure.
1 9906172 - Cabshield, 1/2 type Stationary Free-Standing style, for $4,805.00 $4,805.00
VERTICAL VALVE w/plain STAINLESS STEEL canopy, Hot-Dipped
Galvanized tubing construction support stand, Slotted Center Viewing
Window, (2)shovel holders, & reservior mounts, Installed.
*--- Continued ---*
MN 55427 USA MN 55427
0/00/00
** QUOTATION **
32
TRKQT3MOD022324
Ship To: Cust: Phone:Bill To:Phone:
ATTN:
Reference No.
Accepted by Date
PO#Salesman Created Last Revised Appx CompTerms
Serial No.
Price:
Total Discounts:
Net Cost:
Freight
Total:
GOLDEN VALLEY, CITY OF
7800 GOLDEN VALLEY RD
GOLDEN VALLEY
GOLDEN VALLEY, CITY OF
7800 GOLDEN VALLEY RD
GOLDEN VALLEY
MARSHALL BEUGEN
TIM ERICKSON
QT 73250
NET 30 DAYS 5/05/22 2/04/25
3001
Qty Part No.Description Price Ea. Net Amt.
1 9900206 - Ladder Flip-A-Way Access ladder Pkg (Carbon Steel),$558.00 $558.00
Including Grab Handle above, and Interior Step, ea, Installed
DRIVERSIDE FRONT
1 9904963 - Light Warning TMTE1SSM-3 PKG: 1/2 A 1/2 B, (2) SS 23H $5,111.00 $5,111.00
3-light LED Micro-Edge, 2) 5M-400 Super-LED, (2) Side TIR3 LED, (2
) 400 Max B-T-T LED, & (2) 400 LED BU Lights, in TRUCK FRAME MOUNTED
Stainless MHousings, (1) TIR3 LED Wing light, and (2) 4" LED work
lights Installed. NOTE:Blue Lights positioned on RH Front & LH Rear,
with flash pattern set to WIG-WAG.*** DONT LET WING LIGHT GET TO
CLOSE TO EXHAUST.****NOTE: ALL ELECTRICAL CONNECTIONS TO BE MADE THRU
(1) HD-32 CONNECTOR IN LIEUOF MULTIPLE CONNECTORS, PER CUSTOMER
REQUEST
1 9900222 - Light Warning Rear warning lights & 5M housings (removable $4,329.00 $4,329.00
w/body) for hooklift system Installed
**NOTE: BLUE & AMBER SPLIT COLOR SYSTEM, IN SAME PATTERN AS TRUCK
FRAME. SYSTEMFOR DUMP BODY.**NOTE: ALL ELECTRICAL CONNECTIONS TO BE
MADE THRU (1) HD-32 CONNECTOR IN LIEUOF MULTIPLE CONNECTORS, PER
CUSTOMER REQUEST.
1 9902519 - Light WHELEN MICRO PIONEER spot light, Installed $820.00 $820.00
**NOTE: Mounted on RH CABSHIELD STROBE TUBE, For WING ILLUMINATION
use (IN LIEU OF STANDARD LIGHT), Wired to SWITCH IN CAB
1 9905778 - Light Mirror Mounted ABL 3800 LED HEAD LAMP PLOW LIGHTS $1,506.00 $1,506.00
W/ICE MELTING TECHNOLOGY Installed
1 9900266 - Fender set Minimizer MIN2261, for Single Axle, black Poly, $1,195.00 $1,195.00
Installed
1 1965280 - Minimizer FKMAC2B Floor Mat Set for MACK SGL & TDM $249.00 $249.00
*--- Continued ---*
MN 55427 USA MN 55427
0/00/00
** QUOTATION **
33
TRKQT3MOD022324
Ship To: Cust: Phone:Bill To:Phone:
ATTN:
Reference No.
Accepted by Date
PO#Salesman Created Last Revised Appx CompTerms
Serial No.
Price:
Total Discounts:
Net Cost:
Freight
Total:
GOLDEN VALLEY, CITY OF
7800 GOLDEN VALLEY RD
GOLDEN VALLEY
GOLDEN VALLEY, CITY OF
7800 GOLDEN VALLEY RD
GOLDEN VALLEY
MARSHALL BEUGEN
TIM ERICKSON
QT 73250
NET 30 DAYS 5/05/22 2/04/25
3001
1 9900970 - Tire Chains ON-SPOT for 1 Axle Installed $4,112.00 $4,112.00
1 9904691 - INSTALLATION of (Initial) Single camera system $426.00 $426.00
**NOTE: MOUNTED ON RH CABSHIELD STROBE MOUNT, AIMED DOWN FOR WING
OPERATION VIEWING, WIRED AS DEFAULT.
2 9904692 - Camera System option, NORTECH 9100-2HC 120 degree night $182.00 $364.00
vision CCD weather-proof HEATED camera, only GEN 5 6100
2 9904693 - Camera System option, NORTECH 9100-4 Harness, 65'$118.00 $236.00
Waterproof GEN 5 6100
1 9904694 - INSTALLATION of Extra Camera, & Harness GEN 5 6100 $213.00 $213.00
**NOTE: MOUNTED ON REAR OF HOOK FRAME ABOVE TRI LIGHTS SEE PICTURES
IN SALES FOLDER FOR REVERSE VIEWING USAGE, RUN WIRE TO BULK HEAD
CONNECTION BEHIND THE CAB. SEE PICTURE IN SALES FOLDER WIRED TO QUE
UP ON REVERSE SIGNAL.
1 1941405 - Camera Guard, SS, Bolt-On $43.00 $43.00
1 9905502 - PreCise ARC Sensor Mount #1126929, only GEN 5 6100 $60.00 $60.00
1 9905835 - PreCise ARC Sensor #1117640, only, for Wireless GEN 5 $734.00 $734.00
CONTROLLER Applications (LESS MTG BRKT), installed
INSTALLED
1 9903216 - Paint Hooklift Hoist (SL100, & SL200 Series) Powder Coated $1,316.00 $1,316.00
Gloss Black
1 9903174 - Hoist, SWAPLOADER SL-2418 (50H71LH) Fixed 53-7/8" jib, $26,283.00 $26,283.00
24,000# capacity hooklift hoist, Less Hydraulics
*--- Continued ---*
MN 55427 USA MN 55427
0/00/00
** QUOTATION **
34
TRKQT3MOD022324
Ship To: Cust: Phone:Bill To: Phone:
ATTN:
Reference No.
Accepted by Date
PO#Salesman Created Last Revised Appx CompTerms
Serial No.
Price:
Total Discounts:
Net Cost:
Freight
Total:
GOLDEN VALLEY, CITY OF
7800 GOLDEN VALLEY RD
GOLDEN VALLEY
GOLDEN VALLEY, CITY OF
7800 GOLDEN VALLEY RD
GOLDEN VALLEY
MARSHALL BEUGEN
TIM ERICKSON
QT 73250
NET 30 DAYS 5/05/22 2/04/25
3001
1 9903217 - Install Hooklift Hoist (SL100 & 200 Series) Hoist to truck $3,817.00 $3,817.00
chassis, Including hoses & fittings to Central Hydraulic syst
1 9902924 - Scraper FALLS IB-10A 1" MB, w/single lift cylinder W/12" $9,834.00 $9,834.00
bolt-on extension (11' total), LESS CUTTING EDGES
1 9901705 - Installation of underbody fixed angle scraper w/single lift $3,546.00 $3,546.00
cylinder
1 9904232 - Scraper FORCE Electric pressure transmitter to read on LCD $429.00 $429.00
screen, installed
1 9900351 - Scraper FORCE reverse/Auto-Lift system, ADD-A-FOLD valve, $966.00 $966.00
installed
1 9902948 - Wing Falls RHSDL10A-HYDPB Primed LESS CUTTING EDGES $14,542.00 $14,542.00
1 9900388 - Installation Falls SDL Series Wing - w/Bulkhead Couplers $6,426.00 $6,426.00
1 9901431 - Wing Falls RL (REAR LIFT) up charge SDL WING $626.00 $626.00
1 9900479 - Wing Falls Gloss Black - Paint Moldboard $447.00 $447.00
1 9900555 - Plow Hitch Falls 44XB2/STD/STD/SA/SPR-RET/HITCH $4,319.00 $4,319.00
1 9900589 - Installation Falls Plow Hitch - 40 Series 3Line/STDBLKHD $2,532.00 $2,532.00
1 9903074 - Plow Falls Poly PTE-1248/TRP-EDG/NOSHU/POLY-BLK Plow LESS $13,048.00 $13,048.00
CUTTING EDGES
1 9900626 - Plow Push Unit Falls 24/44 Series Offset $1,579.00 $1,579.00
*--- Continued ---*
MN 55427 USA MN 55427
0/00/00
** QUOTATION **
35
TRKQT3MOD022324
Ship To: Cust: Phone:Bill To:Phone:
ATTN:
Reference No.
Accepted by Date
PO#Salesman Created Last Revised Appx CompTerms
Serial No.
Price:
Total Discounts:
Net Cost:
Freight
Total:
GOLDEN VALLEY, CITY OF
7800 GOLDEN VALLEY RD
GOLDEN VALLEY
GOLDEN VALLEY, CITY OF
7800 GOLDEN VALLEY RD
GOLDEN VALLEY
MARSHALL BEUGEN
TIM ERICKSON
QT 73250
NET 30 DAYS 5/05/22 2/04/25
3001
1 9900637 - Plow Falls High Visibility Marker Set $151.00 $151.00
1 9900639 - Plow Falls Rubber Belt Deflector Kit - Installed $489.00 $489.00
1 9900641 - Plow Falls Parking Stand - Screw Adj Style $377.00 $377.00
1 9902494 - Hitch 7 Contact RV (flat pin) socket installed $230.00 $230.00
1 9902495 - Hitch Electronic Brake controller w/wiring to rear socket, $640.00 $640.00
installed in cab of truck
1 9900775 - Hitch TMTE Medium Duty STD Hitch Plate assembly $687.00 $687.00
1 9901172 - Hitch Installation of med duty hitch (Weld On)$283.00 $283.00
1 9900776 - Hitch PH-20 Pintle Hook installed $230.00 $230.00
1 9901718 - Sander Install & dual manifold RH & LH rear $1,361.00 $1,361.00
1 9900936 - Valve Force ADDER for VERTICAL valve enclosure in lieu of $1,033.00 $1,033.00
standard
1 9900858 - Valve System, Force Add-A-Fold MCV-ISO Valve 10 + 1 $21,405.00 $21,405.00
Functions (Hooklift App), INSTALLED (11 Total Functions)
HOOKLIFT HOIST,HOOKLIFT JIB,PLOW LIFT,PLOW ANGLE,WING TOE,WING
HEEL,WING PUSHBAR, SCRAPER LIFT, AUGER,SPINNER, ANTI ICE, PREWE
1 9901385 - Valve System, Force MCV-ISO additional function (above 10), $1,391.00 $1,391.00
per each
FOR ANTI ICE
1 9902497 - Control System Force ULTRA-4-6100 Commander control, $15,168.00 $15,168.00
Installed
*--- Continued ---*
MN 55427 USA MN 55427
0/00/00
** QUOTATION **
36
TRKQT3MOD022324
Ship To: Cust: Phone:Bill To:Phone:
ATTN:
Reference No.
Accepted by Date
PO#Salesman Created Last Revised Appx CompTerms
Serial No.
Price:
Total Discounts:
Net Cost:
Freight
Total:
GOLDEN VALLEY, CITY OF
7800 GOLDEN VALLEY RD
GOLDEN VALLEY
GOLDEN VALLEY, CITY OF
7800 GOLDEN VALLEY RD
GOLDEN VALLEY
MARSHALL BEUGEN
TIM ERICKSON
QT 73250
NET 30 DAYS 5/05/22 2/04/25
3001
$202,920.00
1 9903288 - Control Add-on Force 6100 for Direct Application Valve $1,926.00 $1,926.00
Module, & Feedback, for 3 Lane only.
1 9904956 - Control Add-on Force 6100 16 ft ISOBUS DLA 3 LANE Harness $1,420.00 $1,420.00
Kit for DLA Side (NOTE: Requires Chassis Side ISOBUS also)
1 9900882 - Reservoir TMTE 31 Gal Cabshield mt (stainless steel) $4,641.00 $4,641.00
w/intank filter for system, installed
**NOTE: CHARGES CAPTUED ON SERVICE C.O. 281743
1 9900891 - Pump Force TXV92 (5.6 ci) Pump, 280 HOT SHIFT PTO for $7,896.00 $7,896.00
Allison Trans, w/Elec shut down installed
1 9900904 - Valve 2-port 1/2" Multi-Hose coupler system installed $1,265.00 $1,265.00
FOR PLOW
1 WARRANTY - TOWMASTER EXCLUSIVE WARRANTY: 5 yr Steel/Stainless Steel
Body Structure; 5 yr Whelen LED Light Systems; 3 yr Palfinger
Hoists; 4 yr SwapLoader Hoists; 1 year Swenson Spreaders, 2 yr Hyd,
FALLS Snow Equip, Tele Hoists, and all other items.
$202,920.00
$202,920.00
MN 55427 USA MN 55427
0/00/00
** QUOTATION **
37
General Terms and Conditions for the Sale of Goods
by
Subsidiaries of ASH North America, Inc
1.1. These General Terms and Conditions for the Sale of Goods
(these "Terms") govern the sale and delivery of all goods and products(the
"Products"), and all transactions incidental thereto, by such subsidiary of ASH North
America, Inc. identified on the respective Confirmed Order (as defined below) as the
seller or supplier ("Seller") to any of its customers (each a "Customer"). The liability
of each such subsidiary under these Terms or any Confirmed Order shall be several
and not joint. Customer acknowledges and agrees that nothing in these Terms or any
Confirmed Order shall be construed as implying joint liability in any case of ASH
North America, Inc. or any of its subsidiaries. Each Seller shall be solely responsible
for its own acts or omissions under the respective agreement with Customer.
1.2. No other terms or conditions shall be of any force or effect unless otherwise
specifically agreed upon by Seller in a writing duly executed by an authorized officer
of Seller. These Terms supersede any and all prior oral quotations, communications,
agreements, or understandings of the parties in respect to the sale and delivery of
the Products. The Seller may issue additional Terms and Conditions of Sale for
certain products. These shall apply in addition to to the present Terms. Any additional
or different terms or conditions contained in Customer's Order (as defined below),
response to Seller´s confirmation, or any other form or document supplied by
Customer are hereby expressly rejected and are rendered null, void, and of no effect.
These Terms may not be modified, amended, waived, superseded, or rescinded,
except by written agreement signed by an authorized officer of Seller.Delivery of the
Products by Seller does not constitute acceptance of any of Customer´s terms and
conditions and do not serve to modify or amend these Terms.
1.3. The issuance of an Order (as defined below) by Customer to
Seller or any communication or conduct of Customer which confirms
an agreement for the delivery of Products by Seller, as well as acceptance in whole
or in part by Customer of any delivery of Products by Seller, shall be construed as
Customer´s acceptance of theseTerms.
Status 2024
1. SCOPE AND VALIDITY
2. OFFERS, ORDERS AND CONFIRMATION
2.1. Unless otherwise specified by Seller in writing, all offers made by Seller
are not binding and may be revoked by Seller at any time without any liability
to Customer.
2.2. Customer shall issue to Seller orders for the purchase of Products, in
written form via the order process determined by Seller from time to time
(each, an "Order"). By issuing an Order to Seller, Customermakes an offer to
purchase the Products pursuant to these Terms and the terms set forth on
such Order. Provided that the Order contains the same terms as in Seller´s
corresponding offer, the Order shall be binding on Customer for six (6)
weeks after Seller´s receipt of such Order.
2.3. Seller may refuse an Order for any or no reason. No Order is binding
upon Seller until Seller´s acceptance of the Order in writing, the issuance of
any governmental permit, license, or authority to Seller, as may be required
under applicable laws, rules and regulations, and the receipt by Seller of a
resale license to be provided by Customer (a "Confirmed Order").
2.4. Specifications and other information on drawings, data sheets, pictures,
plans, brochures, catalogs, or Seller´s website shall not be binding on Seller
unless such specifications and information have been agreed to in writing by
Seller in a Confirmed Order. Notwithstanding a Confirmed Order, Seller shall
have no obligation to deliver Products to Customer or otherwise fulfill any of
its obligations set forth in a Confirmed Order if Customer is in breach of any
of its obligations hereunder or any Confirmed Order.
2.5. Customer may submit to Seller written requests to change the terms of a
Confirmed Order (each such request, a "Change Order Request"). Seller
may, at its sole discretion, consider such Change Order Request, provided
that Seller will have no obligation to perform any Change Order Request
unless and until Seller has agreed in writing to adopt such Change Order
Request. If Seller elects to consider such a Change Order Request, then
Seller shall promptly notify Customer of any adjustment to the applicable
purchase price for the Products.
2.6. In the event Customer cancels any Confirmed Order for any reason,
Customer shall reimburse to Seller all of Seller´s costs and
expenses associated with or incurred due to such cancellation, including but not limited
to the cost of raw materials, labor, and storage if cancellation occurs before Seller´s
commencement of production. In the event Customer cancels any Confirmed Order for
any reason and Seller has started the production of the Product on the respective
Confirmed Order, Customer shall pay to Seller the full purchase price.
2.7. Each Confirmed Order shall be considered a separate agreement between the
parties, and any failure to deliver the Products under any Confirmed Order shall have no
consequences for other deliveries of Products.
3. PRICES
3.1. Unless otherwise agreed to by the parties in the applicable Confirmed Order,
the prices of the Products shall be FCA (agreed delivery location on the applicable
Confirmed Order), Incoterms 2022.
3.2. Unless otherwise agreed by the parties in a Confirmed Order, the price of the
Products shall not include transportation, insurance, packaging, and Tooling (as
defined below) and other materials used for the manufacturing and delivery, sales
or Heavy Vehicle Use Tax (HVUT), other use tax or any other similar applicable
federal, state or foreign taxes, duties, levies, or charges in any jurisdiction in
connection with the sale or delivery of the Products ("Taxes"), Such Taxes shall be
payable by Customer, and if Seller is responsible for the collection thereof, such
Taxes shall either be added to the price invoiced or be separately invoiced by
Seller to Customer. Any special requests concerning shipping, transportation, and
insurance shall be communicated to Seller in a timely manner and subject to
Seller´s prior written approval. Customer shall bear all costs resulting from such
requests.In case of lead delivery times of more than two (2) months, Customer
hereby acknowledges and agrees that Seller, may, at its sole discretion, increase
or decrease the agreed prices on any Confirmed Order in the event of material
price changes in wages, materials, energy or raw material after the date of the
Confirmed Order.
4. PAYMENT TERMS
4.1. Except as set forth in Section 4.2 or unless otherwise agreed in
writing by Seller, the purchase price for the Products and all other
amounts due under a Confirmed Order shall be due and payable in US
dollars within thirty (30) days following the date of Seller´s invoice for
such Products without any discount, deduction or offset whatsoever. In
no event shall any loss, damage, injury or destruction, Force Majeure
(as defined below), or any other event beyond Customer´s control release
Customer from its obligation to make the payments required herein. Payment of all
amounts due hereunder shall be made by bank transfer or in any other manner
set forth on Seller´s invoice. Customer shall be solely responsible for any bank
fees, or other fees, incurred due to the wire transfer or any other selected payment
method. If Seller agrees to payment by credit card, Seller shall charge an
appropriate transaction fee, which the Customer shall also pay.
4.2. In the event Seller becomes aware of circumstances or has reason to believe
that there are circumstances that may have an adverse effect on Customer´s
financial condition, Seller may require the Customer to pay the total amount of the
purchase price or fees, or a portion thereof prior to the delivery of the Products.
Seller may, without any liability to Customer, refuse the delivery of any Product in
the event the Customer fails to make the payment as required under this Section
4.2.
4.3. Time is of the essence for the payment of all amounts due to
Seller under any Confirmed Order. If Customer fails to make payments
of any amount when due, Customer shall pay interest to Seller at the
rate of one percent (1%) per month or such lesser amount as may be
permitted by applicable law starting from the due date until payment to
Seller of such amount in full. In addition to the interest, Seller may, at
its sole discretion, charge the Customer a flat fee of $40 for each reminder notice
issued to Customer due to late payments. If Customer fails to comply with these
Terms or a Confirmed Order, or if Customer becomes insolvent, all balances then
due and owing to Seller shall become due immediately, notwithstanding any
payment terms agreed by the parties. All costs and expenses incurred by Seller
with respect to the collection of overdue payments (including, without limitation,
reasonable attorney´s fees, expert fees, and other expenses of litigation) shall be
borne by Customer. Every payment by Customer shall first be
38
5.1. If Seller extends credit to Customer for the purchase price for any Products
(including but not limited to pursuant to Section 4.1.), or any other amounts due to
Seller, Customer hereby grants to Seller as security for the timely payment and
performance of all Customer´s payment obligations to Seller, a first priority security
interest (the "Security Interest") in all Products heretofore or in the future delivered to
Customer and in the proceeds thereof for as long as such Products shall not have
been sold by Customer in the ordinary course of business (the "Collateral"). Seller
shall be entitled to file any and all financing, continuation, or similar statements under
the Uniform Commercial Code in any jurisdiction and take any and all other action
necessary or desirable, in Seller´s sole and absolute discretion, to perfect its Security
Interest in the Collateral and to establish, continue, preserve, and protect Seller´s
Security Interest in the Collateral. Customer agrees to take any and all actions and
provide Customer with all information necessary to enable Seller to perfect and
enforce its Security Interest in all jurisdictions and vis-à-vis any of Customer´s
creditors, and hereby irrevocably grants to Seller a power of attorney to execute all
necessarystatements or documents in Customer´s name for the perfection and
enforcement of such Security Interest. The Security Interest shall remain in force until
payment in full of the entire purchase price for such Products, and any other amounts
due to Seller by Customer. Seller may, without notice, change or withdraw
extensions of credit at any time.
applied to pay for Seller´s cost of collection, then interest owed by Customer, and
then to the oldest outstanding claim.
4.4. Notwithstanding anything in the foregoing Section 4.3 or Section 5, if the
parties agreed on installment payments in a Confirmed Order and Customer fails
to make any installment payment when due, the remaining balance including
accrued interest, and any expenses incurred by Seller shall be due and payable
to Seller promptly upon Customer´s receipt of written notice of delinquency from
Seller.
5. SECURITY INTEREST
2
6. OBLIGATIONS OF CUSTOMER
6.1. Customer shall use the Products solely for their intended purpose and pursuant to
Seller´s instructions, and agrees to use only qualified personnel for the handling of the
Products. Customer shall ensure that its customers, employees, agents, and other
representatives comply with this Section 6.1. and shall be responsible for their acts
and omissions.
7. DELIVERY AND ACCEPTANCE
7.1. Unless otherwise agreed in writing by Seller, all deliveries of Products shall be
made FCA (agreed delivery location) (Incoterms 2020) and title to and risk of loss
for the Products shall pass to Customer upon delivery pursuant to this Section 7.1.
7.2. Any delivery and performance times or dates communicated by or on behalf of
Seller are estimates and shall not be binding on Seller. Seller may make partial
delivery of Products to be delivered under any Confirmed Order and invoice
Customer separately for such partial deliveries or performance. If Customer has not
received the Products after six (6) weeks from the estimated delivery date,
Customer may make a written request to Seller for delivery. Customer hereby
acknowledges and agrees that the actual delivery date of the Products is
conditioned upon the complete, accurate and timely delivery of materials from
Seller´s vendors and suppliers. No delay in delivery of any Productsshall relieve
Customer of its obligation to accept the delivery or performance thereof and make
payments of any amounts due in accordance with these Terms, including but not
limited to delays caused governmental restrictions on exports or imports and similar
measures.
7.3. Customer´s failure to accept the delivery of Products pursuant to a Confirmed
Order shall not release or excuse Customer from its obligation to timely pay all
amounts due in connection with such Confirmed Order. The Products shall be
deemed delivered at the time theyhave been made available to Customer. If
Customer rejects or revokes acceptance of Products, or fails to pay any amounts
when due, Seller, in its sole and absolute discretion, may extend the period of
delivery of Products by such period as Seller may deem reasonable with such
period not exceeding three (3) months from the agreed delivery date, or withhold or
cancel delivery of any Products, or cancel any or all Confirmed Orders without any
further obligations to Customer whatsoever.
In such event, Customer shall be responsible for any and all costs and
expenses incurred, or damages or losses suffered by Seller in connection with
any such delay notwithstanding any action or inaction by Seller with regard to
such delay. Any remaining Products that have not been accepted by Customer
within the extended delivery period determined by Seller will be delivered and
invoiced by Seller to Customer and Customer agrees to accept such delivery and
pay for the purchase price and other amounts payable for the delivered Products.
8. EXAMINATION AND CONFORMITY TO ORDER
8.1. Promptly upon receipt of any Products, Customer shall conduct
a full and complete inspection of such Products as to any defects and to confirm
compliance with all requirements of the applicable Confirmed Order. Customer shall
notify Seller in writing of any packaging defects, apparent defects, or non-compliance
of such Products with the applicable Confirmed Order that Customer has or could
reasonably have discovered during such inspection within seven (7) days from the
date of receipt of such Products, and Customer shall notify Seller in writing within
three (3) days of the date on which Customer shall first have become aware of any
hidden defect or non-compliance which could not reasonably have been discovered
during Customer´s initial inspection of the Products. Such notification shall include
reasonable details (including images) on the alleged defects including lot, batch,or
Order numbers.
8.2. If Customer fails to timely notify Seller of any defects or other non-compliance of
any Products delivered or Customer (or its customers, employees, agents, or
representatives) uses, destroys, or modifiesany Products that Customer knows or
should have known to be defective or non-compliant without Seller´s prior written
consent, Customer shall be deemed to have unconditionally accepted such Products
and waived all of its claims for breach of warranty or otherwise in respect
of such Products.
8.3. Customer may only return the Products to Seller with Seller´s prior written
approval. If the return has been approved by Seller, Customer shall return the
Products to Seller at Customer´s sole risk and expense to the destination directed by
Seller.
8.4. Complaints of Customer in connection with the shipping or
transport shall be directed to the carrier promptly upon receipt of the
delivery or the freight documents.
9. LIMITED PRODUCT WARRANTY
9.1. Seller warrants to Customer that the Products will be free of defects in material
and workmanship and conform with the requirements set forth in the applicable
Confirmed Order for a period of twelve (12) months from the date of delivery for new
business Products and ninety (90) days for after sales Products. (the "Limited
Product Warranty").
9.2. Unless expressly agreed to in writing by Seller, Seller makes no warranty that
the Products comply with applicable law, regulations,or specifications in any
jurisdiction in which the Products may be used, integrated or incorporated. Any
governmental or other approvals necessary in connection with the use, integration or
incorporation of the Products shall be Customer´s sole responsibility.
9.3. The Limited Product Warranty shall be void if the Defect (as defined below)
resulted from (a) improper or inadequate use, storage,handling, operation,
integration, incorporation, assembly, maintenance, or unauthorized alteration,
modification, repair of the Products (including without limitation, the use storage,
handling, operation, or integration of the Products contrary to written instructions
and/or recommendations of Seller or inadequate training of personnel), (b)changes to
construction and materials pursuant to Customer´s requests, (c) use of improper
tools, resources, or accessories including those but not limited to any third party
tools, resources, or accessories that are not approved by Seller or not in accordance
with Seller´s recommendations, instructions, or directions, (d) acts or omissions of
Customer or third parties following delivery of the Product, (e) Customer´s failure to
properly communicate Seller´s instructions and warnings to users of the Products, (f)
Customer´s, its employees, agents, representatives, customers or any third party´s
non-compliance with applicable laws, rules and regulation, (g) Force Majeure, or (h)
ordinary wear and tear of the Products (e.g., sweep bristles).
39
10.1. IN NO EVENT SHALL SELLER BE LIABLE TO CUSTOMER, ITS
CUSTOMERS, EMPLOYEES, AGENTS, AND OTHER REPRESENTATIVES FOR
ANY INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL OR CONSEQUENTIAL
DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF
PROFITS, REVENUE, GOODWILL, OR USE, WHETHER IN AN ACTION IN
CONTRACT, TORT, STRICT LIABILITY, OR IMPOSED BY STATUTE, OR
OTHERWISE, EVEN IF SELLER WAS ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES. NOTWITHSTANDING ANY OF THE TERMS CONTAINED HEREIN,
SELLER´S LIABILITY FOR ANY CLAIM èWHETHER BASED UPON CONTRACT,
TORT, EQUITY, NEGLIGENCE, OR ANY OTHER LEGAL CONCEPT è SHALL IN
NO EVENT EXCEED THE PURCHASE PRICE PAID BY THE CUSTOMER FOR
THE PRODUCTS, GIVING RISE TO SUCH CLAIM. CUSTOMER HEREBY
ACKNOWLEDGES AND AGREES THAT THE PROVISIONS OF THESE TERMS
FAIRLY ALLOCATE THE RISKS BETWEEN SELLER AND CUSTOMER, THAT
SELLER´S PRICING REFLECTS THIS ALLOCATION OF RISK, AND BUT FOR
THIS ALLOCATION AND LIMITATION OF LIABILITY, SELLER WOULD NOT
HAVE ENTERED INTO AN AGREEMENT WITH CUSTOMER FOR
THE SALE OF THE PRODUCTS.
10.2. Seller shall not be liable for, and Customer assumes responsibility and shall
indemnify, defend, and hold Seller harmless for any and all claims, including without
limitation claims for personal injury or property damages, resulting from (a) the
improper or inadequate use, storage, handling, operation, assembly, integration,
incorporation, assembly, maintenance, or unauthorized alteration, modification, or
repair of the Products (including without limitation, the use storage, handling,
operation, or integration of the Products contrary to written instructions and/or
recommendations of Seller or inadequate training of personnel), (b) changes to
construction and materials pursuant to Customer´s requests, (c) use of improper
tools, resources, or accessories including those but not limited to any third party
tools, resources, or accessories that are not approved by Seller or not in accordance
with Seller´s recommendations, instructions, or directions, (d) acts or omissions of
failure to properly communicate Seller´s instructions and warnings to users of the
Products, or (f) Customer´s, its employees, agents, representatives, customers or
any third party´s non-compliance with applicable laws, rules and regulation, (g) Force
Majeure, or (h) ordinary wear and tear of the Products (e.g., sweep bristles).
10.3. In jurisdictions that limit or preclude limitations or exclusion of remedies,
damages, or liability, such as liability for gross negligence or willful misconduct or do
not allow implied warranties to be excluded, the limitation or exclusion of warranties,
remedies, damages, or liability set forth in these Terms are intended to apply to the
maximum extent permitted by applicable law, and these Terms shall be deemed
amended to comply with such limitations or exclusions. Customer may also have
other rights that vary by state, country or other jurisdiction.
1.1. "Confidential Information" means: (i) any know-how, trade secrets, and
other business or technical information of Seller that is confidential or
proprietary or due to its nature or under the circumstances of its disclosure
the Customer knows or has reason to know should be treated as confidential
or proprietary, including but not limited to quotations, drawings, project
documentation, samples and models.
11.2. Confidential Information does not include information that: (i) is or
becomes generally known to the public through no fault or breach of
these Terms by the Customer; (ii) is rightfully known by the Customerat the
time of disclosure without an obligation of confidentiality; (iii) is
independently developed by the Customer without use of Seller´s
Confidential Information; (iv) is rightfully received by the Customer from a
third party without restriction on use or disclosure; or (v) is disclosed with
Seller´s prior written approval.
11.3. Customer shall not use Seller's Confidential Information except as
necessary to use the Products and will not disclose such Confidential
Information to any third party except to those of its employees, agents,
subcontractors, or representatives who have a bona fide need to know such
Confidential Information to enable Customer to use the Products; provided
that each such employee, agent, subcontractor,and/or representative is/are
bound by a written agreement that contains use and nondisclosure
restrictions not less stringent than the terms set forth in this Section 11.3.
The Customer will employ all reasonable steps to protect Seller´s
Confidential Information from unauthorized use or disclosure, including, but
not limited to, all steps that it takes to protect its own information of like
importance. The foregoing obligations will not restrict the Customer from
disclosing Seller's Confidential Information: (i) pursuant to the order or
requirement of a court, administrative agency, or other governmental body,
provided that the Customer gives reasonable notice to Seller to contest such
order or requirement; (ii) to its legal or financial advisors; and (iii) as required
under applicable securities regulations.
11.4. In the event of a violation or threatened violation of Customer´s
obligations under this Section 11, Seller shall be entitled to seek equitable
relief, including in the form of a restraining order, orders for preliminary or
permanent injunction, specific performance and any other relief that may be
available from any court, without the requirement to secure or post any
bond, or show actual monetary damages in connection with such relief.
These remedies shall not be deemed to be exclusive but in addition to all
other remedies available under these Terms, at law, or in equity.
9.4. In the event of an alleged breach of the Limited Product Warranty (a "Defect"),
Customer shall, at Customer´s sole expense, send the Product to Seller. Seller shall
conduct the necessary tests on such Product within a reasonable period. If Seller
confirms the Defect, Sellershall, at its sole option and discretion, repair or replace the
Defective Product. If the repair or replacement of the Defective Product is
commercially unreasonable to Seller, Seller may, at its sole discretion, issue a refund
to Customer in the amount Seller deems adequate. Such repair, replacement, or
refund shall be the sole liability of Seller and the sole remedy of Customer with
respect to a Defect. In no event shall any warranty claims for a Defect be made after
twelve (12) months from the date of Customer´s receipt of the Products. Any
Products or parts returned to Seller for removal or repair under this Section 9.4 shall
be the property of Seller. Any applicable Limited Product Warranty period shall not
start anew with the repair or replacement of the Defective Product (or any portion
thereof).
9.5. Except for Limited Product Warranty, SELLER HEREBY EXPRESSLY
EXCLUDES AND DISCLAIMS ANY AND ALL OTHER WARRANTIES, WHETHER
EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE OR NONINFRINGEMENT. Seller makes no other warranties with respect
to the Products, and no person is authorized to make any warranties on behalf of
Seller that are inconsistent with the warranties set forth under this Section 9.
10. LIMITATION OF LIABILITY
11. CONFIDENTIALITY
3
12. INTELLECTUAL PROPERTY
12.1 Seller reserves the sole and exclusive ownership of the intellectual
property rights in the Products (including but not limited to the technology
used to manufacture the Products) and any improvements thereof
regardless of inventorship or authorship. Customer shall not (and shall
cause its employees, agents, representatives and customers to not)
reverse engineer, decompile, disassemble, or decode any of Seller´s
intellectual property embedded or used in any of the Product.
13. FORCE MAJEURE
13.1. Seller shall not be responsible for any failure or delay in its
performance under these Terms due to causes beyond its reasonable
control, including, but not limited to, disruptions of the public power
supply, communications, and transportation infrastructure, governmental
measures, malware or hacker attacks, fire, extraordinary weather events,
epidemics, pandemics (or any government restrictions implemented as a
result thereof), nuclear and chemical accidents, earthquakes, war, terrorist
attacks, labor disputes, strikes, lockouts, shortages of or inability to obtain
labor, energy, raw materials or supplies, or other acts of God.
14. MISCELLANEOUS
14.1. If any provision contained in these Terms or any Confirmed Order is
held by final judgment of a court of competent jurisdiction to be invalid,
illegal, or unenforceable, such invalid, illegal, or unenforceable
40
16.1. These Terms and the Confirmed Orders shall be governed by
and construed in accordance with the laws of the State of Wisconsin
without giving effect to any choice or conflict of law provision or rule that would
defer to or cause the application of the substantive laws of any jurisdiction other
than Wisconsin. The parties hereby expressly exclude the application of the 1980
United Nations Convention on Contracts for the International Sale of Goods.
16.2. Any dispute, controversy, or claim arising out of or relating to
these Terms and any Confirmed Order, including but not limited to the
execution, performance, or termination thereof or to any issue of liability arising
out of the performance of these Terms or any Confirmed Order, which the parties
have not been able to settle amicably shall be submitted to the exclusive
jurisdiction of the state or federal courts with jurisdiction in the County of Calumet,
Wisconsin, provided that notwithstanding the foregoing, Seller shall be entitled to
seek specific performance and injunctive relief in any court of competent
jurisdiction. Each party hereby waives any and all claims, pleas, or defenses
(including without limitation a plea for forum non conveniens) that would permit
such party to seek the jurisdiction of any courts or arbitration tribunals other than
those set forth in the preceding sentence.
16.3. EACH PARTY HEREBY WAIVES, TO THE FULLEST EXTENT
PERMITTED BY APPLICABLE LAW, ANY RIGHT IT MAY HAVE TO
A TRIAL BY JURY IN ANY LEGAL PROCEEDING DIRECTLY OR INDIRECTLY
ARISING OUT OF OR RELATING TO THESE TERMS.
16. APPLICABLE LAW AND JURISDICTION
4
Order, the provisions of the Confirmed Order will govern and control. Seller may
amend or modify these Terms from time to time. Seller may, at its sole discretion,
provide Customer with written notice of any such changes, revisions,
amendments, or modifications, provided, however that any such changes,
revisions, amendments, or modifications shall become effective without any
further action by any party and that they shall not apply to any Confirmed Order
prior to the effective date of such changes, revisions, amendments, or
modifications.
provision shall be severed from the remainder of these Terms or such
Confirmed Order, and the remainder of these Terms or such Confirmed
Order shall be enforced. In addition, the invalid, illegal, or unenforceable provision
shall be deemed to be automatically modified, and, as so modified, to be included
in these Terms, such modification being made to the minimum extent necessary
to render such provision valid, legal,and enforceable.
14.2. Seller may assign its rights and/or delegate its liabilities under
any Confirmed Order at any time. Customer may not assign its rights
or delegate its responsibilities under a Confirmed Order without
Seller´s prior written consent.
14.3. Seller´s waiver of any breach or violation of these Terms or the
provisions of any Confirmed Order by Customer shall not be construed
as a waiver of any other present or future breach or breaches by Customer.
14.4. The parties hereto are independent contractors and nothing in
these Terms will be construed as creating a joint venture, partnership,
employment, or agency relationship between the parties.
14.5. Notices by a party regarding the exercise of rights and obligations under
these Terms must be signed by authorized representatives of such party, and
delivered via courier, mail, or e-mail to the other party´s address indicated in the
applicable Confirmed Order, providedthat a notice by e-mail shall only be validly
given if receipt thereof is acknowledged in writing by the recipient.
15. ENTIRE AGREEMENT; CONFLICTS.
15.1. These Terms, including the applicable Confirmed Order, constitute the
entire and exclusive agreement of the parties regarding thesubject matter hereof
and supersede any and all prior or contemporaneous agreements,
communications, and understandings (both written and oral) regarding such
subject matter. In the event of a conflict between the provisions of these Terms
and the provisions of a Confirmed
41
TRKQT3MOD022324
Ship To: Cust: Phone:Bill To:Phone:
ATTN:
Reference No.
Accepted by Date
PO#Salesman Created Last Revised Appx CompTerms
Serial No.
Price:
Total Discounts:
Net Cost:
Freight
Total:
GOLDEN VALLEY, CITY OF
7800 GOLDEN VALLEY RD
GOLDEN VALLEY
GOLDEN VALLEY, CITY OF
7800 GOLDEN VALLEY RD
GOLDEN VALLEY
MARSHALL BUEGEN
CHRIS GUGGEMOS
QT 93321
NET 30 DAYS 1/23/25 2/03/25
3001
Order Comments: STATE OF MN CONTRACT
#222949 AMENDED
Qty Part No.Description Price Ea. Net Amt.
1 9905762 - HOOK 200 11' & 400 14' SERIES A-Frame & Sub Frame With $4,248.00 $4,248.00
Rollers (not for AI system Use)
1 9900222 - Light Warning Rear warning lights & 5M housings (removable $4,329.00 $4,329.00
w/body) for hooklift system Installed
**NOTE: BLUE & AMBER SPLIT COLOR SYSTEM, IN SAME PATTERN AS TRUCK
FRAME. SYSTEM FOR V-BOX SPREADER USE WING LIGHT FROM TRUCK BUILD FOR
REVERSE LIGHT
1 9904692 - Camera System option, NORTECH 9100-2HC 120 degree night $182.00 $182.00
vision CCD weather-proof HEATED camera, only GEN 5 6100
1 9904693 - Camera System option, Harness, 65' Waterproof GEN 5 6100 $118.00 $118.00
1 9904694 - INSTALLATION of Extra Camera, & Harness GEN 5 6100 $213.00 $213.00
*** TO BE MOUNTED ON TOP CENTER OF VBOX WITH CONNECTION RAN TO
DRIVERS SIDE BULKHEAD WITH HYD LINES
1 1941405 - Camera Guard, SS, Bolt-On $43.00 $43.00
1 9903204 - Sander Swenson AUGER STYLE EVA100-11-54 STAINLESS STEEL $21,111.00 $21,111.00
V-Box Complete
1 9903213 - Sander Swenson UP CHARGE SINGLE AUGER TO DUAL AUGER $5,312.00 $5,312.00
1 9904200 - Sander Swenson SS 2-135 GAL V-BOX TANK OPTIONS $2,800.00 $2,800.00
1 9901734 - Sander Install V-Box on A-FRAME for Hooklift application $3,858.00 $3,858.00
NOTE: Requires A-Frame Add-On
*--- Continued ---*
MN 55427 USA MN 55427
0/00/00
** QUOTATION **
42
TRKQT3MOD022324
Ship To: Cust: Phone:Bill To:Phone:
ATTN:
Reference No.
PO#Salesman Created Last Revised Appx CompTerms
Serial No.
Price:
Total Discounts:
Net Cost:
Freight
Total:
GOLDEN VALLEY, CITY OF
7800 GOLDEN VALLEY RD
GOLDEN VALLEY
GOLDEN VALLEY, CITY OF
7800 GOLDEN VALLEY RD
GOLDEN VALLEY
MARSHALL BUEGEN
CHRIS GUGGEMOS
QT 93321
NET 30 DAYS 1/23/25 2/03/25
3001
$44,766.00
1 9906313 - Control Add-on Force 6100 30 ft ISOBUS DLA 3 LANE Harness $506.00 $506.00
Kit for Chassis Side, 10/20 Port (includes power harness, CAN
CAN harness, & ISOBUS connector)
1 CUSTOM - Custom Equipment Pkg consisting of: $2,046.00 $2,046.00
This is for a light bar for the vbox.and winch to lift the hopper
$44,766.00
$44,766.00
MN 55427 USA MN 55427
0/00/00
** QUOTATION **
43
General Terms and Conditions for the Sale of Goods
by
Subsidiaries of ASH North America, Inc
1.1. These General Terms and Conditions for the Sale of Goods
(these "Terms") govern the sale and delivery of all goods and products(the
"Products"), and all transactions incidental thereto, by such subsidiary of ASH North
America, Inc. identified on the respective Confirmed Order (as defined below) as the
seller or supplier ("Seller") to any of its customers (each a "Customer"). The liability
of each such subsidiary under these Terms or any Confirmed Order shall be several
and not joint. Customer acknowledges and agrees that nothing in these Terms or any
Confirmed Order shall be construed as implying joint liability in any case of ASH
North America, Inc. or any of its subsidiaries. Each Seller shall be solely responsible
for its own acts or omissions under the respective agreement with Customer.
1.2. No other terms or conditions shall be of any force or effect unless otherwise
specifically agreed upon by Seller in a writing duly executed by an authorized officer
of Seller. These Terms supersede any and all prior oral quotations, communications,
agreements, or understandings of the parties in respect to the sale and delivery of
the Products. The Seller may issue additional Terms and Conditions of Sale for
certain products. These shall apply in addition to to the present Terms. Any additional
or different terms or conditions contained in Customer's Order (as defined below),
response to Seller´s confirmation, or any other form or document supplied by
Customer are hereby expressly rejected and are rendered null, void, and of no effect.
These Terms may not be modified, amended, waived, superseded, or rescinded,
except by written agreement signed by an authorized officer of Seller.Delivery of the
Products by Seller does not constitute acceptance of any of Customer´s terms and
conditions and do not serve to modify or amend these Terms.
1.3. The issuance of an Order (as defined below) by Customer to
Seller or any communication or conduct of Customer which confirms
an agreement for the delivery of Products by Seller, as well as acceptance in whole
or in part by Customer of any delivery of Products by Seller, shall be construed as
Customer´s acceptance of theseTerms.
Status 2024
1. SCOPE AND VALIDITY
2. OFFERS, ORDERS AND CONFIRMATION
2.1. Unless otherwise specified by Seller in writing, all offers made by Seller
are not binding and may be revoked by Seller at any time without any liability
to Customer.
2.2. Customer shall issue to Seller orders for the purchase of Products, in
written form via the order process determined by Seller from time to time
(each, an "Order"). By issuing an Order to Seller, Customermakes an offer to
purchase the Products pursuant to these Terms and the terms set forth on
such Order. Provided that the Order contains the same terms as in Seller´s
corresponding offer, the Order shall be binding on Customer for six (6)
weeks after Seller´s receipt of such Order.
2.3. Seller may refuse an Order for any or no reason. No Order is binding
upon Seller until Seller´s acceptance of the Order in writing, the issuance of
any governmental permit, license, or authority to Seller, as may be required
under applicable laws, rules and regulations, and the receipt by Seller of a
resale license to be provided by Customer (a "Confirmed Order").
2.4. Specifications and other information on drawings, data sheets, pictures,
plans, brochures, catalogs, or Seller´s website shall not be binding on Seller
unless such specifications and information have been agreed to in writing by
Seller in a Confirmed Order. Notwithstanding a Confirmed Order, Seller shall
have no obligation to deliver Products to Customer or otherwise fulfill any of
its obligations set forth in a Confirmed Order if Customer is in breach of any
of its obligations hereunder or any Confirmed Order.
2.5. Customer may submit to Seller written requests to change the terms of a
Confirmed Order (each such request, a "Change Order Request"). Seller
may, at its sole discretion, consider such Change Order Request, provided
that Seller will have no obligation to perform any Change Order Request
unless and until Seller has agreed in writing to adopt such Change Order
Request. If Seller elects to consider such a Change Order Request, then
Seller shall promptly notify Customer of any adjustment to the applicable
purchase price for the Products.
2.6. In the event Customer cancels any Confirmed Order for any reason,
Customer shall reimburse to Seller all of Seller´s costs and
expenses associated with or incurred due to such cancellation, including but not limited
to the cost of raw materials, labor, and storage if cancellation occurs before Seller´s
commencement of production. In the event Customer cancels any Confirmed Order for
any reason and Seller has started the production of the Product on the respective
Confirmed Order, Customer shall pay to Seller the full purchase price.
2.7. Each Confirmed Order shall be considered a separate agreement between the
parties, and any failure to deliver the Products under any Confirmed Order shall have no
consequences for other deliveries of Products.
3. PRICES
3.1. Unless otherwise agreed to by the parties in the applicable Confirmed Order,
the prices of the Products shall be FCA (agreed delivery location on the applicable
Confirmed Order), Incoterms 2022.
3.2. Unless otherwise agreed by the parties in a Confirmed Order, the price of the
Products shall not include transportation, insurance, packaging, and Tooling (as
defined below) and other materials used for the manufacturing and delivery, sales
or Heavy Vehicle Use Tax (HVUT), other use tax or any other similar applicable
federal, state or foreign taxes, duties, levies, or charges in any jurisdiction in
connection with the sale or delivery of the Products ("Taxes"), Such Taxes shall be
payable by Customer, and if Seller is responsible for the collection thereof, such
Taxes shall either be added to the price invoiced or be separately invoiced by
Seller to Customer. Any special requests concerning shipping, transportation, and
insurance shall be communicated to Seller in a timely manner and subject to
Seller´s prior written approval. Customer shall bear all costs resulting from such
requests.In case of lead delivery times of more than two (2) months, Customer
hereby acknowledges and agrees that Seller, may, at its sole discretion, increase
or decrease the agreed prices on any Confirmed Order in the event of material
price changes in wages, materials, energy or raw material after the date of the
Confirmed Order.
4. PAYMENT TERMS
4.1. Except as set forth in Section 4.2 or unless otherwise agreed in
writing by Seller, the purchase price for the Products and all other
amounts due under a Confirmed Order shall be due and payable in US
dollars within thirty (30) days following the date of Seller´s invoice for
such Products without any discount, deduction or offset whatsoever. In
no event shall any loss, damage, injury or destruction, Force Majeure
(as defined below), or any other event beyond Customer´s control release
Customer from its obligation to make the payments required herein. Payment of all
amounts due hereunder shall be made by bank transfer or in any other manner
set forth on Seller´s invoice. Customer shall be solely responsible for any bank
fees, or other fees, incurred due to the wire transfer or any other selected payment
method. If Seller agrees to payment by credit card, Seller shall charge an
appropriate transaction fee, which the Customer shall also pay.
4.2. In the event Seller becomes aware of circumstances or has reason to believe
that there are circumstances that may have an adverse effect on Customer´s
financial condition, Seller may require the Customer to pay the total amount of the
purchase price or fees, or a portion thereof prior to the delivery of the Products.
Seller may, without any liability to Customer, refuse the delivery of any Product in
the event the Customer fails to make the payment as required under this Section
4.2.
4.3. Time is of the essence for the payment of all amounts due to
Seller under any Confirmed Order. If Customer fails to make payments
of any amount when due, Customer shall pay interest to Seller at the
rate of one percent (1%) per month or such lesser amount as may be
permitted by applicable law starting from the due date until payment to
Seller of such amount in full. In addition to the interest, Seller may, at
its sole discretion, charge the Customer a flat fee of $40 for each reminder notice
issued to Customer due to late payments. If Customer fails to comply with these
Terms or a Confirmed Order, or if Customer becomes insolvent, all balances then
due and owing to Seller shall become due immediately, notwithstanding any
payment terms agreed by the parties. All costs and expenses incurred by Seller
with respect to the collection of overdue payments (including, without limitation,
reasonable attorney´s fees, expert fees, and other expenses of litigation) shall be
borne by Customer. Every payment by Customer shall first be
44
5.1. If Seller extends credit to Customer for the purchase price for any Products
(including but not limited to pursuant to Section 4.1.), or any other amounts due to
Seller, Customer hereby grants to Seller as security for the timely payment and
performance of all Customer´s payment obligations to Seller, a first priority security
interest (the "Security Interest") in all Products heretofore or in the future delivered to
Customer and in the proceeds thereof for as long as such Products shall not have
been sold by Customer in the ordinary course of business (the "Collateral"). Seller
shall be entitled to file any and all financing, continuation, or similar statements under
the Uniform Commercial Code in any jurisdiction and take any and all other action
necessary or desirable, in Seller´s sole and absolute discretion, to perfect its Security
Interest in the Collateral and to establish, continue, preserve, and protect Seller´s
Security Interest in the Collateral. Customer agrees to take any and all actions and
provide Customer with all information necessary to enable Seller to perfect and
enforce its Security Interest in all jurisdictions and vis-à-vis any of Customer´s
creditors, and hereby irrevocably grants to Seller a power of attorney to execute all
necessarystatements or documents in Customer´s name for the perfection and
enforcement of such Security Interest. The Security Interest shall remain in force until
payment in full of the entire purchase price for such Products, and any other amounts
due to Seller by Customer. Seller may, without notice, change or withdraw
extensions of credit at any time.
applied to pay for Seller´s cost of collection, then interest owed by Customer, and
then to the oldest outstanding claim.
4.4. Notwithstanding anything in the foregoing Section 4.3 or Section 5, if the
parties agreed on installment payments in a Confirmed Order and Customer fails
to make any installment payment when due, the remaining balance including
accrued interest, and any expenses incurred by Seller shall be due and payable
to Seller promptly upon Customer´s receipt of written notice of delinquency from
Seller.
5. SECURITY INTEREST
2
6. OBLIGATIONS OF CUSTOMER
6.1. Customer shall use the Products solely for their intended purpose and pursuant to
Seller´s instructions, and agrees to use only qualified personnel for the handling of the
Products. Customer shall ensure that its customers, employees, agents, and other
representatives comply with this Section 6.1. and shall be responsible for their acts
and omissions.
7. DELIVERY AND ACCEPTANCE
7.1. Unless otherwise agreed in writing by Seller, all deliveries of Products shall be
made FCA (agreed delivery location) (Incoterms 2020) and title to and risk of loss
for the Products shall pass to Customer upon delivery pursuant to this Section 7.1.
7.2. Any delivery and performance times or dates communicated by or on behalf of
Seller are estimates and shall not be binding on Seller. Seller may make partial
delivery of Products to be delivered under any Confirmed Order and invoice
Customer separately for such partial deliveries or performance. If Customer has not
received the Products after six (6) weeks from the estimated delivery date,
Customer may make a written request to Seller for delivery. Customer hereby
acknowledges and agrees that the actual delivery date of the Products is
conditioned upon the complete, accurate and timely delivery of materials from
Seller´s vendors and suppliers. No delay in delivery of any Productsshall relieve
Customer of its obligation to accept the delivery or performance thereof and make
payments of any amounts due in accordance with these Terms, including but not
limited to delays caused governmental restrictions on exports or imports and similar
measures.
7.3. Customer´s failure to accept the delivery of Products pursuant to a Confirmed
Order shall not release or excuse Customer from its obligation to timely pay all
amounts due in connection with such Confirmed Order. The Products shall be
deemed delivered at the time theyhave been made available to Customer. If
Customer rejects or revokes acceptance of Products, or fails to pay any amounts
when due, Seller, in its sole and absolute discretion, may extend the period of
delivery of Products by such period as Seller may deem reasonable with such
period not exceeding three (3) months from the agreed delivery date, or withhold or
cancel delivery of any Products, or cancel any or all Confirmed Orders without any
further obligations to Customer whatsoever.
In such event, Customer shall be responsible for any and all costs and
expenses incurred, or damages or losses suffered by Seller in connection with
any such delay notwithstanding any action or inaction by Seller with regard to
such delay. Any remaining Products that have not been accepted by Customer
within the extended delivery period determined by Seller will be delivered and
invoiced by Seller to Customer and Customer agrees to accept such delivery and
pay for the purchase price and other amounts payable for the delivered Products.
8. EXAMINATION AND CONFORMITY TO ORDER
8.1. Promptly upon receipt of any Products, Customer shall conduct
a full and complete inspection of such Products as to any defects and to confirm
compliance with all requirements of the applicable Confirmed Order. Customer shall
notify Seller in writing of any packaging defects, apparent defects, or non-compliance
of such Products with the applicable Confirmed Order that Customer has or could
reasonably have discovered during such inspection within seven (7) days from the
date of receipt of such Products, and Customer shall notify Seller in writing within
three (3) days of the date on which Customer shall first have become aware of any
hidden defect or non-compliance which could not reasonably have been discovered
during Customer´s initial inspection of the Products. Such notification shall include
reasonable details (including images) on the alleged defects including lot, batch,or
Order numbers.
8.2. If Customer fails to timely notify Seller of any defects or other non-compliance of
any Products delivered or Customer (or its customers, employees, agents, or
representatives) uses, destroys, or modifiesany Products that Customer knows or
should have known to be defective or non-compliant without Seller´s prior written
consent, Customer shall be deemed to have unconditionally accepted such Products
and waived all of its claims for breach of warranty or otherwise in respect
of such Products.
8.3. Customer may only return the Products to Seller with Seller´s prior written
approval. If the return has been approved by Seller, Customer shall return the
Products to Seller at Customer´s sole risk and expense to the destination directed by
Seller.
8.4. Complaints of Customer in connection with the shipping or
transport shall be directed to the carrier promptly upon receipt of the
delivery or the freight documents.
9. LIMITED PRODUCT WARRANTY
9.1. Seller warrants to Customer that the Products will be free of defects in material
and workmanship and conform with the requirements set forth in the applicable
Confirmed Order for a period of twelve (12) months from the date of delivery for new
business Products and ninety (90) days for after sales Products. (the "Limited
Product Warranty").
9.2. Unless expressly agreed to in writing by Seller, Seller makes no warranty that
the Products comply with applicable law, regulations,or specifications in any
jurisdiction in which the Products may be used, integrated or incorporated. Any
governmental or other approvals necessary in connection with the use, integration or
incorporation of the Products shall be Customer´s sole responsibility.
9.3. The Limited Product Warranty shall be void if the Defect (as defined below)
resulted from (a) improper or inadequate use, storage,handling, operation,
integration, incorporation, assembly, maintenance, or unauthorized alteration,
modification, repair of the Products (including without limitation, the use storage,
handling, operation, or integration of the Products contrary to written instructions
and/or recommendations of Seller or inadequate training of personnel), (b)changes to
construction and materials pursuant to Customer´s requests, (c) use of improper
tools, resources, or accessories including those but not limited to any third party
tools, resources, or accessories that are not approved by Seller or not in accordance
with Seller´s recommendations, instructions, or directions, (d) acts or omissions of
Customer or third parties following delivery of the Product, (e) Customer´s failure to
properly communicate Seller´s instructions and warnings to users of the Products, (f)
Customer´s, its employees, agents, representatives, customers or any third party´s
non-compliance with applicable laws, rules and regulation, (g) Force Majeure, or (h)
ordinary wear and tear of the Products (e.g., sweep bristles).
45
10.1. IN NO EVENT SHALL SELLER BE LIABLE TO CUSTOMER, ITS
CUSTOMERS, EMPLOYEES, AGENTS, AND OTHER REPRESENTATIVES FOR
ANY INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL OR CONSEQUENTIAL
DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF
PROFITS, REVENUE, GOODWILL, OR USE, WHETHER IN AN ACTION IN
CONTRACT, TORT, STRICT LIABILITY, OR IMPOSED BY STATUTE, OR
OTHERWISE, EVEN IF SELLER WAS ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES. NOTWITHSTANDING ANY OF THE TERMS CONTAINED HEREIN,
SELLER´S LIABILITY FOR ANY CLAIM èWHETHER BASED UPON CONTRACT,
TORT, EQUITY, NEGLIGENCE, OR ANY OTHER LEGAL CONCEPT è SHALL IN
NO EVENT EXCEED THE PURCHASE PRICE PAID BY THE CUSTOMER FOR
THE PRODUCTS, GIVING RISE TO SUCH CLAIM. CUSTOMER HEREBY
ACKNOWLEDGES AND AGREES THAT THE PROVISIONS OF THESE TERMS
FAIRLY ALLOCATE THE RISKS BETWEEN SELLER AND CUSTOMER, THAT
SELLER´S PRICING REFLECTS THIS ALLOCATION OF RISK, AND BUT FOR
THIS ALLOCATION AND LIMITATION OF LIABILITY, SELLER WOULD NOT
HAVE ENTERED INTO AN AGREEMENT WITH CUSTOMER FOR
THE SALE OF THE PRODUCTS.
10.2. Seller shall not be liable for, and Customer assumes responsibility and shall
indemnify, defend, and hold Seller harmless for any and all claims, including without
limitation claims for personal injury or property damages, resulting from (a) the
improper or inadequate use, storage, handling, operation, assembly, integration,
incorporation, assembly, maintenance, or unauthorized alteration, modification, or
repair of the Products (including without limitation, the use storage, handling,
operation, or integration of the Products contrary to written instructions and/or
recommendations of Seller or inadequate training of personnel), (b) changes to
construction and materials pursuant to Customer´s requests, (c) use of improper
tools, resources, or accessories including those but not limited to any third party
tools, resources, or accessories that are not approved by Seller or not in accordance
with Seller´s recommendations, instructions, or directions, (d) acts or omissions of
failure to properly communicate Seller´s instructions and warnings to users of the
Products, or (f) Customer´s, its employees, agents, representatives, customers or
any third party´s non-compliance with applicable laws, rules and regulation, (g) Force
Majeure, or (h) ordinary wear and tear of the Products (e.g., sweep bristles).
10.3. In jurisdictions that limit or preclude limitations or exclusion of remedies,
damages, or liability, such as liability for gross negligence or willful misconduct or do
not allow implied warranties to be excluded, the limitation or exclusion of warranties,
remedies, damages, or liability set forth in these Terms are intended to apply to the
maximum extent permitted by applicable law, and these Terms shall be deemed
amended to comply with such limitations or exclusions. Customer may also have
other rights that vary by state, country or other jurisdiction.
1.1. "Confidential Information" means: (i) any know-how, trade secrets, and
other business or technical information of Seller that is confidential or
proprietary or due to its nature or under the circumstances of its disclosure
the Customer knows or has reason to know should be treated as confidential
or proprietary, including but not limited to quotations, drawings, project
documentation, samples and models.
11.2. Confidential Information does not include information that: (i) is or
becomes generally known to the public through no fault or breach of
these Terms by the Customer; (ii) is rightfully known by the Customerat the
time of disclosure without an obligation of confidentiality; (iii) is
independently developed by the Customer without use of Seller´s
Confidential Information; (iv) is rightfully received by the Customer from a
third party without restriction on use or disclosure; or (v) is disclosed with
Seller´s prior written approval.
11.3. Customer shall not use Seller's Confidential Information except as
necessary to use the Products and will not disclose such Confidential
Information to any third party except to those of its employees, agents,
subcontractors, or representatives who have a bona fide need to know such
Confidential Information to enable Customer to use the Products; provided
that each such employee, agent, subcontractor,and/or representative is/are
bound by a written agreement that contains use and nondisclosure
restrictions not less stringent than the terms set forth in this Section 11.3.
The Customer will employ all reasonable steps to protect Seller´s
Confidential Information from unauthorized use or disclosure, including, but
not limited to, all steps that it takes to protect its own information of like
importance. The foregoing obligations will not restrict the Customer from
disclosing Seller's Confidential Information: (i) pursuant to the order or
requirement of a court, administrative agency, or other governmental body,
provided that the Customer gives reasonable notice to Seller to contest such
order or requirement; (ii) to its legal or financial advisors; and (iii) as required
under applicable securities regulations.
11.4. In the event of a violation or threatened violation of Customer´s
obligations under this Section 11, Seller shall be entitled to seek equitable
relief, including in the form of a restraining order, orders for preliminary or
permanent injunction, specific performance and any other relief that may be
available from any court, without the requirement to secure or post any
bond, or show actual monetary damages in connection with such relief.
These remedies shall not be deemed to be exclusive but in addition to all
other remedies available under these Terms, at law, or in equity.
9.4. In the event of an alleged breach of the Limited Product Warranty (a "Defect"),
Customer shall, at Customer´s sole expense, send the Product to Seller. Seller shall
conduct the necessary tests on such Product within a reasonable period. If Seller
confirms the Defect, Sellershall, at its sole option and discretion, repair or replace the
Defective Product. If the repair or replacement of the Defective Product is
commercially unreasonable to Seller, Seller may, at its sole discretion, issue a refund
to Customer in the amount Seller deems adequate. Such repair, replacement, or
refund shall be the sole liability of Seller and the sole remedy of Customer with
respect to a Defect. In no event shall any warranty claims for a Defect be made after
twelve (12) months from the date of Customer´s receipt of the Products. Any
Products or parts returned to Seller for removal or repair under this Section 9.4 shall
be the property of Seller. Any applicable Limited Product Warranty period shall not
start anew with the repair or replacement of the Defective Product (or any portion
thereof).
9.5. Except for Limited Product Warranty, SELLER HEREBY EXPRESSLY
EXCLUDES AND DISCLAIMS ANY AND ALL OTHER WARRANTIES, WHETHER
EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE OR NONINFRINGEMENT. Seller makes no other warranties with respect
to the Products, and no person is authorized to make any warranties on behalf of
Seller that are inconsistent with the warranties set forth under this Section 9.
10. LIMITATION OF LIABILITY
11. CONFIDENTIALITY
3
12. INTELLECTUAL PROPERTY
12.1 Seller reserves the sole and exclusive ownership of the intellectual
property rights in the Products (including but not limited to the technology
used to manufacture the Products) and any improvements thereof
regardless of inventorship or authorship. Customer shall not (and shall
cause its employees, agents, representatives and customers to not)
reverse engineer, decompile, disassemble, or decode any of Seller´s
intellectual property embedded or used in any of the Product.
13. FORCE MAJEURE
13.1. Seller shall not be responsible for any failure or delay in its
performance under these Terms due to causes beyond its reasonable
control, including, but not limited to, disruptions of the public power
supply, communications, and transportation infrastructure, governmental
measures, malware or hacker attacks, fire, extraordinary weather events,
epidemics, pandemics (or any government restrictions implemented as a
result thereof), nuclear and chemical accidents, earthquakes, war, terrorist
attacks, labor disputes, strikes, lockouts, shortages of or inability to obtain
labor, energy, raw materials or supplies, or other acts of God.
14. MISCELLANEOUS
14.1. If any provision contained in these Terms or any Confirmed Order is
held by final judgment of a court of competent jurisdiction to be invalid,
illegal, or unenforceable, such invalid, illegal, or unenforceable
46
16.1. These Terms and the Confirmed Orders shall be governed by
and construed in accordance with the laws of the State of Wisconsin
without giving effect to any choice or conflict of law provision or rule that would
defer to or cause the application of the substantive laws of any jurisdiction other
than Wisconsin. The parties hereby expressly exclude the application of the 1980
United Nations Convention on Contracts for the International Sale of Goods.
16.2. Any dispute, controversy, or claim arising out of or relating to
these Terms and any Confirmed Order, including but not limited to the
execution, performance, or termination thereof or to any issue of liability arising
out of the performance of these Terms or any Confirmed Order, which the parties
have not been able to settle amicably shall be submitted to the exclusive
jurisdiction of the state or federal courts with jurisdiction in the County of Calumet,
Wisconsin, provided that notwithstanding the foregoing, Seller shall be entitled to
seek specific performance and injunctive relief in any court of competent
jurisdiction. Each party hereby waives any and all claims, pleas, or defenses
(including without limitation a plea for forum non conveniens) that would permit
such party to seek the jurisdiction of any courts or arbitration tribunals other than
those set forth in the preceding sentence.
16.3. EACH PARTY HEREBY WAIVES, TO THE FULLEST EXTENT
PERMITTED BY APPLICABLE LAW, ANY RIGHT IT MAY HAVE TO
A TRIAL BY JURY IN ANY LEGAL PROCEEDING DIRECTLY OR INDIRECTLY
ARISING OUT OF OR RELATING TO THESE TERMS.
16. APPLICABLE LAW AND JURISDICTION
4
Order, the provisions of the Confirmed Order will govern and control. Seller may
amend or modify these Terms from time to time. Seller may, at its sole discretion,
provide Customer with written notice of any such changes, revisions,
amendments, or modifications, provided, however that any such changes,
revisions, amendments, or modifications shall become effective without any
further action by any party and that they shall not apply to any Confirmed Order
prior to the effective date of such changes, revisions, amendments, or
modifications.
provision shall be severed from the remainder of these Terms or such
Confirmed Order, and the remainder of these Terms or such Confirmed
Order shall be enforced. In addition, the invalid, illegal, or unenforceable provision
shall be deemed to be automatically modified, and, as so modified, to be included
in these Terms, such modification being made to the minimum extent necessary
to render such provision valid, legal,and enforceable.
14.2. Seller may assign its rights and/or delegate its liabilities under
any Confirmed Order at any time. Customer may not assign its rights
or delegate its responsibilities under a Confirmed Order without
Seller´s prior written consent.
14.3. Seller´s waiver of any breach or violation of these Terms or the
provisions of any Confirmed Order by Customer shall not be construed
as a waiver of any other present or future breach or breaches by Customer.
14.4. The parties hereto are independent contractors and nothing in
these Terms will be construed as creating a joint venture, partnership,
employment, or agency relationship between the parties.
14.5. Notices by a party regarding the exercise of rights and obligations under
these Terms must be signed by authorized representatives of such party, and
delivered via courier, mail, or e-mail to the other party´s address indicated in the
applicable Confirmed Order, providedthat a notice by e-mail shall only be validly
given if receipt thereof is acknowledged in writing by the recipient.
15. ENTIRE AGREEMENT; CONFLICTS.
15.1. These Terms, including the applicable Confirmed Order, constitute the
entire and exclusive agreement of the parties regarding thesubject matter hereof
and supersede any and all prior or contemporaneous agreements,
communications, and understandings (both written and oral) regarding such
subject matter. In the event of a conflict between the provisions of these Terms
and the provisions of a Confirmed
47
EXECUTIVE SUMMARY
Public Works
763-512-2345 / 763-512-2344 (fax)
Golden Valley City Council Meeting
March 4, 2025
Agenda Item
3D.2. Approve Purchase of Bobcat Equipment from Tri-State Bobcat Inc.
Prepared By
Tim Kieffer, Public Works Director
Marshall Beugen, Street and Vehicle Maintenance Superintendent
Summary
Staff evaluates vehicles and equipment on an annual basis to determine replacement programing. The
equipment scheduled for replacement meet the criteria set forth in the City’s Vehicle Replacement
Policy and Vehicle Condition Index (VCI). The VCI is a tool used to assess all vehicles and equipment
scheduled for replacement. Below is a summary of the ratings:
Vehicle Condition Index
Qualifies for Replacement
23-27
Needs Immediate Consideration
28 and above
Unit No.Year/Make/Model VCI
761 2022 UW56 Bobcat Toolcat 28
784 2009 Cold Planer Attachment 26
The Annual Bobcat Trade-Out Program Council approved in 2018 ended. The program allowed the city
to purchase a new machine every year for a set price after trade-in, which was approximately the
estimated depreciation value. Staff proposes to replace its current 2023 T66 Bobcat compact track
loader, unit 763, with a T76 compact loader using this same methodology. The city will be
responsible for routine maintenance and non-warranty repairs. The savings come from eliminating
maintenance and repair costs of wear items such as tracks, sprockets, hoses, belts, and less downtime.
Additional savings come from major repairs covered under warranty.
Staff proposes to purchase from cooperative purchasing contracts and auction the equipment on the
open market using Tri-State Bobcat trade-in values as reserves.
Staff recommends purchasing the Toolcat from the state contract through the State of Minnesota’s
cooperative purchasing venture (CPV). The Minnesota Materials Management Division has awarded
contract number 202992.
48
The cold planer and compact loader will be purchased through Sourcewell. Sourcewell is a service
cooperative created by the Minnesota legislature as a local unit of government pursuant to Minn.
Const. art. XII, sec. 3 and enabling law Minn. Stat. § 123A.21. Sourcewell has awarded contract
number 020223-CEC.
Financial or Budget Considerations
The 2025-2034 Vehicles and Equipment Capital Improvement Program includes $35,000 for Unit 784
(V&E-052), $65,000 for Unit 761 (V&E-116), and $70,000 for Unit 763 (V&E-145). Below is a summary
of the proposed purchases:
Contract
No.Item Vendor Amount
202992 Bobcat UW56 Toolcat Tri-State Bobcat Inc.$73,453.58
020223-CEC 24-Inch Planer Tri-State Bobcat Inc.$21,414.16
020223-CEC Bobcat T76 Compact Track Loader Tri-State Bobcat Inc.$76,894.56
Total Remittance to Vendor $171,762.30
Additional funding will come from the sale of assets.
Legal Considerations
The proposed equipment will be purchased following Minn. Stat. § 471.345 Subd. 15 Cooperative
purchasing.
(a) Municipalities may contract for the purchase of supplies, materials, or equipment by utilizing
contracts that are available through the state's cooperative purchasing venture authorized by section
16C.11. For a contract estimated to exceed $25,000, a municipality must consider the availability, price
and quality of supplies, materials, or equipment available through the state's cooperative purchasing
venture before purchasing through another source.
Equity Considerations
Certified Targeted Group/Economically Disadvantaged/Veteran-Owned small businesses receive a 12%
preference from the Office of State Procurement.
Recommended Action
Motion to approve purchase of Bobcat equipment from Tri-State Bobcat Inc. in the amount of
$171,762.30.
Supporting Documents
Tri-State Bobcat Inc. Quotes
49
SAME AS BELOW 01 - Burnsville
02/04/2025 14:47:42 (O) 1
00
15165 7635933981 014358
CITY OF GOLDEN VALLEY
7800 GOLDEN VALLEY RD
GOLDEN VALLEY MN 55427-4508 416005190
JQ
Description ** Q U O T E ** EXPIRY DATE: 02/28/2025 Amount
Stock #: ?Serial #:20589.16
NEW 2025 24" PLANER
-PART# 7478393
-FAST CUT DRUM
-HYDRAULIC DEPTH ADJUST
-HYDRAULIC SIDE SHIFT
-HYDRAULIC OSCILLATION WITH FLOAT
-HOSES AND COUPLERS
-INTERGRATED WATER KIT
-HIGH FLOW
Miscellaneous Charges/Credits
=============================
FREIGHT Qty: 1 Price: 575.00 575.00
DEALER PREP 1 250.00 250.00
Subtotal: 21414.16
Authorization: _________________________Quote Total: 21414.16
PRICING PER SOURCEWELL CONTRACT# 020223-CEC
50
SAME AS BELOW 01 - Burnsville
01/29/2025 12:05:31 (O) 2
05
15165 7635933981 014291
CITY OF GOLDEN VALLEY
7800 GOLDEN VALLEY RD
GOLDEN VALLEY MN 55427-4508 416005190
JQ
Description ** Q U O T E ** EXPIRY DATE: 02/28/2025 Amount
Subtotal: 19041.27
Authorization: _________________________Quote Total: 19041.27
SOURCEWELL CONTRACT# 020223-CEC
52
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EXECUTIVE SUMMARY
Public Works
763-512-2345 / 763-512-2344 (fax)
Golden Valley City Council Meeting
March 4, 2025
Agenda Item
3D.3. Approve Contract for Hydrant Painting with B & B Commercial Coating, LLC
Prepared By
Tim Kieffer, Public Works Director
Joe Hansen, Utility Maintenance Superintendent
Summary
The coating on fire hydrants deteriorates over time from exposure to weather and winter de-icing
chemicals causing the hydrants to rust. Periodic painting is needed to keep the hydrants maintained
and operational.
Staff annually contracts approximately half the hydrants in a maintenance district to be repainted,
which is 166 hydrants this year. This schedule allows every hydrant to be repainted on a 10-year
rotation.
Quotes for the project were received on February 11, 2025, and are listed below:
B & B Commercial Coating, LLC $31,540.00
Elevation Coating $95,450.00
Financial or Budget Considerations
Funding for the hydrant painting will come from the Water Maintenance Operating Budget
(7123.6340) which has $202,500 dedicated for contractual services.
Legal Considerations
The Legal Department has reviewed and approved the contract.
Equity Considerations
Staff solicited quotes from thirty-eight contractors, including thirty-five Disadvantaged Business
Enterprises using the Minnesota Unified Certification Program database, and three community
organizations that work with Minority and Women Business Enterprises.
Recommended Action
Motion to authorize the Mayor and City Manager to execute the Contract for Hydrant Painting with B
& B Commercial Coating, LLC in the form approved by the City Attorney.
55
Supporting Documents
Contract for Hydrant Painting with B & B Commercial Coating, LLC
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1
CONTRACT FOR HYDRANT PAINTING
WITH B & B COMMERCIAL COATING, LLC
THIS AGREEMENT is made this 4th day of March 2025 (the “Effective Date”) by and between B & B
Commercial Coating, LLC, a painting company located at 11276 Duffield Avenue NW, Maple Lake, MN
55358 (“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 removing old paint, priming, and painting.
B. The City desires to hire Contractor to remove old paint, prime, and paint fire hydrants.
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 by the Contract Time,
the City may immediately, or at any time thereafter, proceed to complete the Work at the Contractor’s
expense. If Contractor gives written notice of a delay over which Contractor has no control, the City may
at its discretion, extend the Contract Time.
3.Consideration.In consideration of the performance of the Work, the City shall pay to Contractor
the amount set forth herein Exhibit C (the “Contract Price”). The consideration shall be for both the Work
performed by Contractor and the expenses incurred by Contractor in performing the Work. Contractor
shall submit statements to the City containing a detailed list of project labor and hours, rates, titles, and
amounts undertaken by Contractorduring the relevant billing period. The City shall pay Contractor within
thirty-five (35) days after receiving a statement from Contractor.
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4.Permits. Contractor shall obtain, at its sole cost, all permits required for the performance of the
Work.
5.Extra Work.Unless approved by the City in writing, Contractor shall make no claim for extra work
done or materials furnished, nor shall Contractor do any work or furnish any materials not covered by the
plans and specifications of this Agreement. Any such work or materials furnished by Contractor without
written City approval shall be at Contractor’s own risk and expense. Contractor shall perform any altered
plans ordered by the City; if such alteration reduces the cost of doing such work, the actual amount of
such reduction shall be deducted from the contract price for the Work.
6.Contract Documents.The Contract Documents shall consist of this Agreement; all exhibits to this
Agreement, which are incorporated herein by reference; any supplementary drawings, plans, and
specifications; and other documents listed herein.
In the event of a conflict among the various provisions of the Contract Documents, the terms shall be
interpreted in the following order of priority:
a. Modifications to this Agreement
b. This Agreement, including all exhibits
c. Supplementary drawings, plans, specifications
d. Other documents listed in this Agreement
Drawings shall control over Specifications, and detail in drawings shall control over large-scale drawings.
All capitalized terms used and not otherwise defined in this Agreement, but defined elsewhere in the
Contract Documents, shall have the meaning set forth in the Contract Documents.
7.Expense Reimbursement.Contractor shall not be compensated separately for necessary
incidental expenses. All expenses of Contractor shall be built into Contractor’s fixed compensation rate,
unless reimbursement is provided for an expense that received the prior written approval of the City,
which approval may be provided via electronic mail.
8.Approvals.Contractor shall secure the City’s written approval before making any expenditures,
purchases, or commitments on the City’s behalf beyond those listed in the Work. The City’s approval
may be provided via electronic mail.
9.Protection of Persons and Property.Contractor shall be responsible for initiating, maintaining
and supervising all safety precautions and programs in connection with the performance of the Work.
Contractor shall take reasonable precautions for the safety of, and shall provide reasonable protection to
prevent damage, injury, or loss to:
a. Persons performing the Work and other persons who may be affected by the Work;
b. The Work and materials and equipment to be incorporated therein; and
c. Other property at the site or adjacent to the site, such as trees, shrubs, lawns, walks,
pavement, roadways, structures and utilities.
Contractor shall promptly remedy damage and loss to property caused in whole or in part by Contractor
or any of its subcontractors, agents, or anyone directly or indirectly employed by any of them.
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10.Acceptance of the Work. All of the Contractor’s work and labor shall be subject to the inspection
and approval of the City. If any materials or labor are rejected by the City as defective or unsuitable, then
the materials shall be removed and replaced with other approved materials and the labor shall be done
to the satisfaction and approval of the City at the Contractor’s sole cost and expense. Contractor shall
replace at Contractor’s expense any loss or damage to the Work, however caused, which occurs during
the construction thereof or prior to the final delivery to and acceptance of the Work by the City. Any
payment made to Contractor, shall not be construed as operating to relieve Contractor from responsibility
for the construction and delivery of the Work. Acceptance of the completed Work shall be evidenced only
by a Certificate of Final Completion issued by the City, which shall state the date on which the City accepts
the completed Work (the “Final Completion Date”).
11.Warranty.Contractor represents and warrants that it has the requisite training, skills, and
experience necessary to complete the Work, is appropriately licensed by all applicable agencies and
governmental entities, and will complete the Work in a manner consistent with the level of care and skill
ordinarily exercised by professionals currently providing similar work. Contractor further 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.
12.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.
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13.Termination.This Agreement shall remain in force and effect commencing from the effective
date and continuing until the completion of all of the parties’ obligations hereunder, unless terminated
by the City or amended pursuant to the Agreement. Notwithstanding any other provision hereof to the
contrary, this Agreement may be terminated as follows:
a. The parties, by mutual written agreement, may terminate this Agreement at any time;
b. Contractor may terminate this Agreement in the event of a breach of the Agreement by the
City upon providing thirty (30) days’ written notice to the City;
c. The City may terminate this Agreement at any time at its option, for any reason or no reason
at all; or
d. The City may terminate this Agreement immediately upon Contractor’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.
14.Amendments.No amendments may be made to this Agreement except in a writing signed by
both parties.
15.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.
16.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.
17.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.
18.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:
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a. Worker’s Compensation Insurance as required by Minnesota Statutes, section 176.181;
b. Business Auto Liability covering vehicles owned by Contractor and non-owned vehicles used
by Contractor, with policy limits not less than $1,000,000.00 per accident, for bodily injury,
death of any person, and property damage arising out of the ownership, maintenance, and
use of such motor vehicles, along with any statutorily required automobile coverage;
c. Commercial General Liability in an amount of not less than $1,000,000.00 per occurrence,
$2,000,000 general aggregate, and $2,000,000 for products-completed operations hazard,
providing coverage for claims including:
i. Damages because of bodily injury, sickness or disease, including occupational sickness or
disease, and death of any person;
ii. Personal and advertising injury;
iii. Damages because of physical damage to or destruction of property, including loss of use
of such property;
iv. Bodily injury or property damage arising out of completed operations; and
v. Contractor’s indemnity obligations under this Agreement.
To meet the Commercial General Liability and Business Auto Liability requirements, Contractor may use a
combination of Excess and Umbrella coverage. Prior to commencement of the Work, Contractor shall
provide the City with a current certificate of insurance including the following language: “The City of
Golden Valley is named as an additional insured with respect to the commercial general liability, business
automobile liability and umbrella or excess liability, as required by the contract. The umbrella or excess
liability policy follows form on all underlying coverages.” Such certificate of liability insurance shall list the
City as an additional insured and contain a statement that such policies of insurance shall not be canceled
or amended unless 30 days’ written notice is provided to the City, or 10 days’written notice in the case
of non-payment.
19.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.
20.Assignment.Neither the City nor Contractor shall assign this Agreement or any rights under or
interest in this Agreement, in whole or in part, without the other party’s prior written consent. Any
assignment in violation of this provision is null and void. Neither the City nor Contractor shall assign, or
transfer any rights under or interest (including, but without limitation, moneys that may become due or
moneys that are due) in the Agreement without the written consent of the other except to the extent that
the effect of this limitation may be restricted by law. Unless specifically stated to the contrary in any
written consent to an assignment, no assignment will release or discharge the assignor from any duty or
responsibility under this Agreement. Nothing contained in this paragraph shall prevent Contractor from
employing such independent consultants, associates, and subcontractors, as it may deem appropriate to
assist it in the performance of the Work required by this Agreement. Any instrument in violation of this
provision is null and void.
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21.Independent Contractor.Contractor is an independent contractor. Contractor’s duties shall be
performed with the understanding that Contractor has special expertise as to the Work which Contractor
is to perform and is customarily engaged inthe independent performance of the same or similar workfor
others. Contractor shall provide or contract for all required equipment and personnel. Contractor shall
control the manner in which the Work is performed; however, the nature of the Work and the results to
be achieved shall be specified by the City.The parties agree that this is not a joint venture and the parties
are not co-partners. Contractoris not an employee or agent of the City and has no authority to make any
binding commitments or obligations on behalf of the City except to the extent expressly provided in this
Agreement. All Work provided by Contractor pursuant to this Agreement shall be provided by Contractor
as an independent contractor and not as an employee of the City for any purpose, includingbut not limited
to: income tax withholding, workers' compensation, unemployment compensation, FICA taxes, liability
for torts and eligibility for employee benefits.
22.Compliance with Laws.Contractorshall exercise due professional care to comply with applicable
federal, state and local laws, rules, ordinances and regulations in effect as of the Effective Date.
Contractor’sguests, invitees, members, officers, officials, agents, employees, volunteers,representatives,
and subcontractors shall abide by the City’s policies prohibiting sexual harassment and tobacco, drug, and
alcohol use as defined on the City’s Tobacco, Drug, and Alcohol Policy, as well as all other reasonable work
rules, safety rules, or policies, and procedures regulating the conduct of persons on City property, at all
times while performing duties pursuant to this Agreement. Contractor agrees and understands that a
violation of any of these policies, procedures, or rules constitutes a breach of the Agreement and sufficient
grounds for immediate termination of the Agreement by the City.
23.Entire Agreement.The Contract Documents shall constitute the entire agreement between the
City and Contractor, and supersede any other written or oral agreements between the City and
Contractor.
24.Third Party Rights.The parties to this Agreement do not intend to confer any rights under this
Agreement on any third party.
25.Choice of Law and Venue.This Agreement shall be governed by and construed in accordance with
the laws of the state of Minnesota. Any disputes, controversies, or claims arising out of this Agreement
shall be heard in the state or federal courts of Hennepin County, Minnesota, and all parties to this
Agreement waive any objection to the jurisdiction of these courts, whether based on convenience or
otherwise.
26.Work Products and Ownership of Documents. All records, information, materials and other work
products, including, but not limited to the completed reports, drawings, plans, andspecifications 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.
27.Conflict of Interest.Contractor shall use reasonable care to avoid conflicts of interest and
appearances of impropriety in representation of the City. In the event of a conflict of interest, Contractor
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shall advise the City and,either secure a waiver of the conflict, or advise the City that it will be unable to
provide the requested Work.
28.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.
29.Data Practices Act Compliance.Any and all data provided to Contractor, received from Contractor,
created, collected, received, stored, used, maintained, or disseminated by Contractor pursuant to this
Agreement shall be administered in accordance with, and is subject to the requirements of the Minnesota
Government Data Practices Act, Minnesota Statutes, Chapter 13. Contractoragrees to notify the City within
three business days if it receives a data request from a third party. This paragraph does not create a duty
on the part of Contractor to provide access to public data to the public if the public data are available from
the City, except as required by the terms of this Agreement. These obligations shall survive the termination
or completion of this Agreement.
30.No Discrimination.Contractor agrees not to discriminate in providing the Work under this
Agreement on the basis of race, color, sex, creed, national origin, disability, age, sexual orientation, gender,
gender identity, gender expression, 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. Contractoragrees to utilize its own auxiliary aid or service in order to comply
with ADA requirements for effective communication with individuals with disabilities.
31.Authorized Agents.The City’s authorized agent for purposes of administration of this contract is
Tim Kieffer, or designee. Contractor’s authorized agent for purposes of administration of this contract is
Bruce Prevost, or designee who shall perform or supervise the performance of all Work.
32.Notices.Any notices permitted or required by this Agreement shall be deemed given when
personally delivered or upon deposit in the United States mail, postage fully prepaid, certified, return
receipt requested, addressed to:
CONTRACTOR THE CITY
B & B Commercial Coating, LLC
11276 Duffield Avenue NW
Maple Lake, MN 55358
bruce@bbcoat.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.
33.Waiver.No waiver of any provision or of any breach of this Agreement shall constitute a waiver
of any other provisions or any other or further breach, and no such waiver shall be effective unless made
in writing and signed by an authorized representative of the party to be charged with such a waiver.
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34.Headings.The headings contained in this Agreement have been inserted for convenience of
reference only and shall in no way define, limit or affect the scope and intent of this Agreement.
35.Payment of Subcontractors.Contractor agrees to pay all laborers employed and all
subcontractors furnishing material to Contractor in the performance of this contract. If Contractor fails to
pay any claims and demands for labor and materials, the City may apply the monies due to Contractor
toward paying and satisfying such claims and demands. The City has the right to apply monies due to
Contractor towards paying any accrued indebtedness or any claim which may hereafter come due against
Contractor. The amount of such payments shall be deducted from the balance due to the Contractor;
provided that nothing herein nor any variation from the amounts and timing of the installments shall be
construed as impairing the right of the City or of those to whose benefit the bond herein agreed upon
shall insure, to hold Contractor or surety liable on the bond for any breach of the conditions of the same
nor as imposing upon the City any obligation to laborers, materialmen, contractors, or sureties to pay or
to retain for their benefit any monies coming to the contractor hereunder.
Pursuant to Minnesota Statutes, Section 471.425, Subdivision 4(a), Contractor must pay any
subcontractor within ten (10) days of Contractor’s receipt of payment from the City for undisputed
services provided by the subcontractor. Contractor must pay interest of one and one-half percent (1½%)
per month or any part of a month to the subcontractor on any undisputed amount not paid on time to
the subcontractor. The minimum monthly interest penalty payment for an unpaid balance of $100.00 or
more is $10.00. For an unpaid balance of less than $100.00, Contractor shall pay the actual penalty due
to the subcontractor. A subcontractor who prevails in a civil action to collect interest penalties from the
Contractor shall be awarded its costs and disbursements, including attorney’s fees, incurred in bringing
the action.
36.Severability.In the event that any provision of this Agreement shall be illegal or otherwise
unenforceable, such provision shall be severed, and the balance of the Agreement shall continue in full
force and effect.
37.Signatory.Each person executing this Agreement (“Signatory”) represents and warrants that they
are duly authorized to sign on behalf of their respective organization. In the event Contractor did not
authorize the Signatory to sign on its behalf, the Signatory agrees to assume responsibility for the duties
and liability of Contractor, described in this Agreement, personally.
38.Counterparts and Electronic Communication.This Agreement may be executed in two or more
counterparts, each of which shall be deemed an original, but all of which taken together shall constitute
one and the same instrument. This Agreement may be transmitted by electronic mail in portable
document format (pdf) and signatures appearing on electronic mail instruments shall be treated as
original signatures.
39.Recitals.The City and Contractor agree that the Recitals are true and correct and are fully
incorporated into this Agreement.
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.
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B &B COMMERCIAL COATING,LLC:CITY OF GOLDEN VALLEY:
By: _________________________________
Bruce Prevost, Manager
By: _________________________________
Roslyn Harmon, Mayor
By: _________________________________
Noah Schuchman, City Manager
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EXHIBIT A
SCOPE OF WORK
1.Work.The Work shall include furnishing all labor, tools, and equipment to remove all defective
paint or corrosion and apply two coats of paint. The Work shall include the following:
A. Surface Preparation – Loose, peeling, cracking, or defective primer and paint shall be
removed. All surface contaminants shall be removed including grease and oil. Recover,
remove, and dispose of properly all spent or excess abrasives, dust, dirt, paint chips, spent
solvent and paint containers. Use proper equipment and abrasives when blast cleaning to
produce the mil profile, within the range of 2.0 to 3.5 mils or as recommended by the coating
manufacturer.
The abrasive shall be free of contaminants and not embed itself in the blasted surface. Prior
to start-up of the project, samples of the Contractor’s selected abrasive and/or
abrasive/admixture shall be submitted to the Authorized Agent for testing and approval.
Random field testing of the abrasive shall be done, as directed by the Authorized Agent to
ensure the abrasive used complies with these requirements.
B.Primary Coat – A primary coat shall be applied uniformly within four (4) hours after blast
cleaning. When the humidity exceeds 80%, the primary coat shall be applied within one (1)
hour after blast cleaning. If conditions are questionable, the Authorized Agent shall make the
decision, and the Contractor shall accept theirinterpretation as final and binding. The primary
coat shall be Envirolastic 840 DTM High Gloss Urethane. The Contractor shall follow all
manufacturer’s procedures and recommendations, match existing color “Curry” or approved
equal, and apply coating within the range of 3.0 to 5.0 dry mils throughout the entire surface
area.
C.Finish Coat – A finish coat shall be applied uniformly after proper drying time of the primary
coat. The finish coat shall be Envirolastic 840 DTM High Gloss Urethane. The Contractor shall
follow all manufacturer’s procedures and recommendations, match existing color “Curry” or
approved equal, and apply coating within the range of 3.0 to 5.0 dry mils throughout the
entire surface area.
The total dry film thickness including the primary and finish coats shall be 7.0 mils minimum – 10.0 mils
with an average of 8.5 mils. The minimum dry film thickness of the coating system at any individual spot
location shall be 7.0 mils.
2.Location. Location maps are herein Exhibit A.
3.Contract Time. The Work shall commence on June 1, 2025, and conclude before October 1, 2025.
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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.Notification. The Contractor shall notify the City within 24 hours after discovering irrigation or tree
maintenance issues or needed repairs.
3.Mobilization.The mobilization shall be included in the base price in all aspects of the Work per unit
price herein Exhibit C. No additional compensation will be considered for mobilization.
4.Hours of Operation. Work shall occur Monday through Friday from 7:00 a.m. to 7:00 p.m., excluding
holidays. On streets designated as high-volume or County roadways, Contractor’s Work shall be restricted to the
hours of 9:00 a.m. to 3:30 p.m., or after 6:00 p.m. for any Work within the traveled portion of the roadway.
High Volume Roadways
A. Betty Crocker Boulevard between US 169 and General Mills Blvd
B. Boone Avenue North between TH 55 and Plymouth Ave
C. General Mills Boulevard between Wayzata Blvd and TH 55
D. Golden Hills Drive between Wayzata Blvd and Turners Crossroad
E. Golden Valley Road between Boone Avenue and Douglas Drive
F. Laurel Avenue between Winnetka Avenue and Xenia Avenue
G. Louisiana Avenue South between Laurel Avenue and I-394
H. Noble Avenue North between Golden Valley Road and 34
th Ave N
I.North and South Frontage Roads of I-394
J.Olympia Street between Winnetka Avenue and Douglas Drive
K. Plymouth Avenue between US 169 and Winnetka Avenue
L. Regent Avenue North between Duluth Street and 34
th Ave N
M. Rhode Island Avenue between 10
th Avenue and TH 55
N. Wayzata Boulevard all portions in Golden Valley City Limits
O. Winnetka Avenue between TH 55 and I-394
P. Xenia Avenue South between Glenwood Avenue and I-394
Q. Zenith Avenue North between 26
th Ave N and Theodore Wirth Pkwy
5.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.
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6.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.
7.Abrasives. The abrasive used shall be of the type that is graded as to proper size, shape, and hardness.
Silica sand, Flint, Garnet, or Quartz type abrasives shall be chemically washed, dried, dust, dirt, fines, and
contaminant free, resistant to fracture (shattering), and contain no leachable contaminates. Synthetic
(nonmetallic and non-siliceous) abrasives such as Silicon Carbide, Aluminum Oxide and Refractory Slag products
shall meet the above criteria. The use of reduced or dust free abrasive blasting is required.
8.Recyclable Abrasive.The use of recyclable abrasive, such as steel grit, sand or flint, is neither specifically
encouraged norprohibited. Contractor’s requesting the use of recyclable abrasive must comply with thespecified
mil profile. Waste generated by this method of abrasive blasting may be considered Hazardous Waste and as such
must be disposed of accordingly. Additional care is required during cleanup to ensure all abrasive residual is
removed prior to coating application.
9.Compressed Air Supply. Compressed air supply shall be properly equipped with suitable after coolers, oil,
and moisture separators to prevent contamination of abrasives and/or blasted surfaces. These separators shall
be of the continuous bleeding or automatic dumping type. In order to prevent contamination of abrasives and/or
blasted surfaces, it is recommended that separators be installed between the compressor air outlet and the
blasting pot compressed air inlet. Stop abrasive blast cleaning in sufficient time to remove all dust, spent abrasive
and other foreign matter from and around all blasted surfaces to allow the atmosphere to clear before any coating
is done. Removal of these materials shall be by clean brush or suitable industrial vacuum with particular attention
given to welds, pockets, or poorly accessible areas. A daily inspection of the separators and compressed airsupply
will be required to ensure cleanliness of all compressed air supplied for abrasive blasting. This test will be
performed by a blotter test. A clean white Blotter is held, no more than 18 inches, from the air supply, downstream
of moisture and oil separators. The air supply is directed at the Blotter for approximately (2) two minutes. The
Blotter is then examined visually for signs of oil and moisture. A clean blotter at test completion means a successful
passing of the air supply test.
10.Traffic Control and Maintenance. Contractor, at its own expense, shall furnish and 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, at Contractor’s own cost and expense,
provide all construction signage and traffic control devices for the protection of persons, property and the Work.
Contractor shall be responsible for maintaining traffic control devices during the Work. In the event that the City
must install additional signs for traffic control for safety purposes, the cost for such measures shall be billed to
Contractor or withheld from monies due. The Contractor shall be held responsible for all damaged from failure
to protect the work zone. When single lane traffic is necessary, flagmen must be provided to direct traffic.
Contractor shall provide certifications of all flagmen that will be working on this project.
11.Manual References. The Specifications which apply to the Work shown in the Plans shall be as follows:
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A. Special Conditions herein Exhibit A and B.
B. The most current edition of the Minnesota Manual on Uniform Traffic Control Devices and its
supplements. (https://www.dot.state.mn.us/trafficeng/publ/mutcd/)
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. (https://www.dot.state.mn.us/pre-letting/spec/)
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. (https://www.dot.state.mn.us/pre-letting/spec/)
12.Measurement and Payment.Payment for all items for this project shall be by the unit price as stated
herein Exhibit C. The estimated quantities on the Proposal form are for determination of the lowest cost for the
Work. The City reserves the right to increase or decrease quantities shown on the Proposal to stay within the
amount budgeted by the City. No claims for extra compensation due to increased or decreased quantities shall
be considered. Contractor shall submit all final quantities to the City within one month after completion of the
Work.
13.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.
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EXHIBIT C
PROPOSAL
The undersigned hereby certifies that an examination has been made of the scope and location of
work and hereby proposes to furnish all necessary machinery, equipment, tools, labor and other
means of construction and to furnish all materials specified in the manner and at the time prescribe;
and understands that the quantities of work shown herein are approximate only and are subject to
increase or decrease; and further understands all quantities of work, whether increased or decreased,
are to be performed at the following unit prices.
Description Units Quantity Price/Unit Bid Amount
Hydrant Painting Each 166 $190.00 $31,540.00
Total Base Quote $31,540.00
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EXECUTIVE SUMMARY
Public Works
763-512-2345 / 763-512-2344 (fax)
Golden Valley City Council Meeting
March 4, 2025
Agenda Item
3D.4. Approve Contact for Crack Sealing with Doctor Asphalt MN LLC
Prepared By
Tim Kieffer, Public Works Director
Marshall Beugen, Street Maintenance Superintendent
Summary
As asphalt pavement ages, it is subject to the weathering effects of water, air, sun, cold winters, and
hot summers. As pavement naturally expands and contracts through the seasons, it forms thermal
cracks.
Crack sealing is a maintenance effort in which an elastic polymeric material is placed inside of the
cracks. This is done to prevent water from penetrating into the pavement and subgrade which
substantially extends the life of the pavement. Crack sealant lasts approximately 2-5 years. This year’s
project is located in Maintenance Zone 4.
Quotes for the 2025 Crack Sealing Project were received on February 18, 2025, and are listed below:
Allied Blacktop Company $81,700
Doctor Asphalt MN LLC $59,975
Fahrner Asphalt Sealers, LLC $165,200
Northwest Asphalt and Maintenance $143,700
SealTech, Inc.$64,200
Financial or Budget Considerations
Funding for this project will come from the Street Maintenance Operating Budget (1440.6440) which
includes $75,000 for crack sealing.
Legal Considerations
The Legal Department has reviewed and approved the contract.
Equity Considerations
Staff solicited quotes from fifty-eight contractors, including fifty-two Disadvantaged Business
Enterprises using the Minnesota Unified Certification Program database, and three community
organizations that work with Minority and Women Business Enterprises.
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Recommended Action
Motion to authorize the Mayor and City Manager to execute the Contract for Crack Sealing with
Doctor Asphalt MN LLC in the form approved by the City Attorney.
Supporting Documents
Contract for Crack Sealing with Doctor Asphalt MN LLC
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CONTRACT FOR CRACK SEALING
WITH DOCTOR ASPHALT MN LLC
THIS AGREEMENT is made this 4th day of March, 2025 (the “Effective Date”) by and between Doctor
Asphalt MN LLC,an asphalt maintenance company located at 1949 Atlantic Street, Maplewood, MN 55109
(“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 asphalt pavement crack sealing.
B. The City desires to hire Contractor to furnish and apply crack sealant.
C. Contractor represents that it has the professional expertise and capabilities to provide the City
with the requested work.
D. The City desires to engage Contractor to provide the work described in this Agreement and
Contractor is willing to provide such work on the terms and conditions in this Agreement.
NOW, THEREFORE, in consideration of the terms and conditions expressed herein, the City and
Contractor agree as follows:
AGREEMENT
1.The Work.Contractor shall perform the work more fully described in the attached Exhibit A (the
“Work”). The Work includes all work and services required by this Agreement, whether completed or
partially completed, and includes all labor, materials, equipment, and services provided or to be provided
by Contractor to fulfill Contractor’s obligations. All Work shall be completed according to the
specifications set forth in the attached Exhibit B.
2.Time for Completion. The Contractor shall proceed diligently and shall complete 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 by the Contract Time,
the City may immediately, or at any time thereafter, proceed to complete the Work at the Contractor’s
expense. If Contractor gives written notice of a delay over which Contractor has no control, the City may
at its discretion, extend the Contract Time.
3.Consideration.In consideration of the performance of the Work, the City shall pay to Contractor
the amount set forth herein Exhibit C (the “Contract Price”). The consideration shall be for both the Work
performed by Contractor and the expenses incurred by Contractor in performing the Work. Contractor
shall submit statements to the City containing a detailed list of project labor and hours, rates, titles, and
amounts undertaken by Contractorduring the relevant billing period. The City shall pay Contractor within
thirty-five (35) days after receiving a statement from Contractor.
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4.Permits. Contractor shall obtain, at its sole cost, all permits required for the performance of the
Work.
5.Extra Work.Unless approved by the City in writing, Contractor shall make no claim for extra work
done or materials furnished, nor shall Contractor do any work or furnish any materials not covered by the
plans and specifications of this Agreement. Any such work or materials furnished by Contractor without
written City approval shall be at Contractor’s own risk and expense. Contractor shall perform any altered
plans ordered by the City; if such alteration reduces the cost of doing such work, the actual amount of
such reduction shall be deducted from the contract price for the Work.
6.Contract Documents.The Contract Documents shall consist of this Agreement; all exhibits to this
Agreement, which are incorporated herein by reference; any supplementary drawings, plans, and
specifications; and other documents listed herein.
In the event of a conflict among the various provisions of the Contract Documents, the terms shall be
interpreted in the following order of priority:
a. Modifications to this Agreement
b. This Agreement, including all exhibits
c. Supplementary drawings, plans, specifications
d. Other documents listed in this Agreement
Drawings shall control over Specifications, and detail in drawings shall control over large-scale drawings.
All capitalized terms used and not otherwise defined in this Agreement, but defined elsewhere in the
Contract Documents, shall have the meaning set forth in the Contract Documents.
7.Expense Reimbursement.Contractor shall not be compensated separately for necessary
incidental expenses. All expenses of Contractor shall be built into Contractor’s fixed compensation rate,
unless reimbursement is provided for an expense that received the prior written approval of the City,
which approval may be provided via electronic mail.
8.Approvals.Contractor shall secure the City’s written approval before making any expenditures,
purchases, or commitments on the City’s behalf beyond those listed in the Work. The City’s approval
may be provided via electronic mail.
9.Protection of Persons and Property.Contractor shall be responsible for initiating, maintaining
and supervising all safety precautions and programs in connection with the performance of the Work.
Contractor shall take reasonable precautions for the safety of, and shall provide reasonable protection to
prevent damage, injury, or loss to:
a. Persons performing the Work and other persons who may be affected by the Work;
b. The Work and materials and equipment to be incorporated therein; and
c. Other property at the site or adjacent to the site, such as trees, shrubs, lawns, walks,
pavement, roadways, structures and utilities.
Contractor shall promptly remedy damage and loss to property caused in whole or in part by Contractor
or any of its subcontractors, agents, or anyone directly or indirectly employed by any of them.
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10.Acceptance of the Work. All of the Contractor’s work and labor shall be subject to the inspection
and approval of the City. If any materials or labor are rejected by the City as defective or unsuitable, then
the materials shall be removed and replaced with other approved materials and the labor shall be done
to the satisfaction and approval of the City at the Contractor’s sole cost and expense. Contractor shall
replace at Contractor’s expense any loss or damage to the Work, however caused, which occurs during
the construction thereof or prior to the final delivery to and acceptance of the Work by the City. Any
payment made to Contractor, shall not be construed as operating to relieve Contractor from responsibility
for the construction and delivery of Work. Acceptance of the completed Work shall be evidenced only by
a Certificate of Final Completion issued by the City, which shall state the date on which the City accepts
the completed Work (the “Final Completion Date”).
11.Warranty.Contractor represents and warrants that it has the requisite training, skills, and
experience necessary to complete the Work, is appropriately licensed by all applicable agencies and
governmental entities, and will complete the Work in a manner consistent with the level of care and skill
ordinarily exercised by professionals currently providing similar work. Contractor further 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.
12.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.
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13.Termination.This Agreement shall remain in force and effect commencing from the effective
date and continuing until the completion of all of the parties’ obligations hereunder, unless terminated
by the City or amended pursuant to the Agreement. Notwithstanding any other provision hereof to the
contrary, this Agreement may be terminated as follows:
a. The parties, by mutual written agreement, may terminate this Agreement at any time;
b. Either party may terminate this Agreement in the event of a breach of the Agreement by the
other party upon providing written notice of intention to terminate to the breaching party.
Termination will become effective automatically and without further notice unless the
breaching party cures the breach within thirty (30) days after the giving of such notice.
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.
14.Amendments.No amendments may be made to this Agreement except in a writing signed by
both parties.
15.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.
16.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.
17.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.
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18.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 $500,000.00 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 per occurrence,
$1,000,000 general aggregate, and $1,000,000 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.
19.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.
20.Assignment.Neither the City nor Contractor shall assign this Agreement or any rights under or
interest in this Agreement, in whole or in part, without the other party’s prior written consent. Any
assignment in violation of this provision is null and void. Neither the City nor Contractor shall assign, or
transfer any rights under or interest (including, but without limitation, moneys that may become due or
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
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employing such independent consultants, associates, and subcontractors, as it may deem appropriate to
assist it in the performance of the Work required by this Agreement. Any instrument in violation of this
provision is null and void.
21.Independent Contractor.Contractor is an independent contractor. Contractor’s duties shall be
performed with the understanding that Contractor has special expertise as to the Work which Contractor
is to perform and is customarily engaged inthe independent performance of the same or similar workfor
others. Contractor shall provide or contract for all required equipment and personnel. Contractor shall
control the manner in which the Work is performed; however, the nature of the Work and the results to
be achieved shall be specified by the City. The parties agree that this is not a joint venture and the parties
are not co-partners. Contractoris not an employee or agent of the City and has no authority to make any
binding commitments or obligations on behalf of the City except to the extent expressly provided in this
Agreement. All Work provided by Contractor pursuant to this Agreement shall be provided by Contractor
as an independent contractor and not as an employee of the City for any purpose, including but not limited
to: income tax withholding, workers’ compensation, unemployment compensation, FICA taxes, liability
for torts and eligibility for employee benefits.
22.Compliance with Laws.Contractorshall exercise due professional care to comply with applicable
federal, state and local laws, rules, ordinances and regulations in effect as of the Effective Date.
Contractor’sguests, invitees, members, officers, officials, agents, employees, volunteers, representatives,
and subcontractors shall abide by the City’s policies prohibiting sexual harassment and tobacco, drug, and
alcohol use as defined on the City’s Tobacco, Drug, and Alcohol Policy, as well as all other reasonable work
rules, safety rules, or policies, and procedures regulating the conduct of persons on City property, at all
times while performing duties pursuant to this Agreement. Contractor agrees and understands that a
violation of any of these policies, procedures, or rules constitutes a breach of the Agreement and sufficient
grounds for immediate termination of the Agreement by the City.
23.Entire Agreement.The Contract Documents shall constitute the entire agreement between the
City and Contractor, and supersede any other written or oral agreements between the City and
Contractor.
24.Third Party Rights.The parties to this Agreement do not intend to confer any rights under this
Agreement on any third party.
25.Choice of Law and Venue.This Agreement shall be governed by and construed in accordance with
the laws of the state of Minnesota. Any disputes, controversies, or claims arising out of this Agreement
shall be heard in the state or federal courts of Hennepin County, Minnesota, and all parties to this
Agreement waive any objection to the jurisdiction of these courts, whether based on convenience or
otherwise.
26.Work Products and Ownership of Documents. All records, information, materials and other work
products, including, but not limited to the completed reports, drawings, plans, and specifications prepared
and developed in connection with the provision of the Work pursuant to this Agreement shall become the
property of the City, but reproductions of such records, information, materials and other work products
in whole or in part may be retained by Contractor. Regardless of when such information was provided,
Contractor agrees that it will not disclosefor any purpose any information Contractor has obtained arising
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out of or related to this Agreement, except as authorized by the City or as required by law. These
obligations survive the termination of this Agreement.
27.Conflict of Interest.Contractor shall use reasonable care to avoid conflicts of interest and
appearances of impropriety in representation of the City. In the event of a conflict of interest, Contractor
shall advise the City and,either secure a waiver of the conflict, or advise the City that it will be unable to
provide the requested Work.
28.Agreement Not Exclusive.The City retains the right to hire other professionals, contractors and
service providers for this or other matters, in the City’s sole discretion.
29.Data Practices Act Compliance.Any and all data provided to Contractor, received from Contractor,
created, collected, received, stored, used, maintained, or disseminated by Contractor pursuant to this
Agreement shall be administered in accordance with, and is subject to the requirements of the Minnesota
Government Data Practices Act, Minnesota Statutes, Chapter 13. Contractoragrees to notify the City within
three business days if it receives a data request from a third party. This paragraph does not create a duty
on the part of Contractor to provide access to public data to the public if the public data are available from
the City, except as required by the terms of this Agreement. These obligations shall survive the termination
or completion of this Agreement.
30.No Discrimination.Contractor agrees not to discriminate in providing the Work under this
Agreement on the basis of race, color, sex, creed, national origin, disability, age, sexual orientation, gender,
gender identity, gender expression, 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. Contractoragrees to utilize its own auxiliary aid or service in order to comply
with ADA requirements for effective communication with individuals with disabilities.
31.Authorized Agents.The City’s authorized agent for purposes of administration of this contract is
Tim Kieffer, or designee. Contractor’s authorized agent for purposes of administration of this contract is
Derek Putz, or designee who shall perform or supervise the performance of all Work.
32.Notices.Any notices permitted or required by this Agreement shall be deemed given when
personally delivered or upon deposit in the United States mail, postage fully prepaid, certified, return
receipt requested, addressed to:
CONTRACTOR THE CITY
Doctor Asphalt MN LLC
1949 Atlantic Street
Maplewood, MN 55109
derek@doctorasphaltllc.com
City of Golden Valley
7800 Golden Valley Road
Golden Valley, MN 55427
tkieffer@goldenvalleymn.gov
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or such other contact information as either party may provide to the other by notice given in accordance
with this provision.
33.Waiver.No waiver of any provision or of any breach of this Agreement shall constitute a waiver
of any other provisions or any other or further breach, and no such waiver shall be effective unless made
in writing and signed by an authorized representative of the party to be charged with such a waiver.
34.Headings.The headings contained in this Agreement have been inserted for convenience of
reference only and shall in no way define, limit or affect the scope and intent of this Agreement.
35.Payment of Subcontractors.Contractor agrees to pay all laborers employed and all
subcontractors furnishing material to Contractor in the performance of this contract. If Contractor fails to
pay any claims and demands for labor and materials, the City may apply the monies due to Contractor
toward paying and satisfying such claims and demands. The City has the right to apply monies due to
Contractor towards paying any accrued indebtedness or any claim which may hereafter come due against
Contractor. The amount of such payments shall be deducted from the balance due to the Contractor;
provided that nothing herein nor any variation from the amounts and timing of the installments shall be
construed as impairing the right of the City or of those to whose benefit the bond herein agreed upon
shall insure, to hold Contractor or surety liable on the bond for any breach of the conditions of the same
nor as imposing upon the City any obligation to laborers, materialmen, contractors, or sureties to pay or
to retain for their benefit any monies coming to the contractor hereunder.
Pursuant to Minnesota Statutes, Section 471.425, Subdivision 4(a), Contractor must pay any
subcontractor within ten (10) days of Contractor’s receipt of payment from the City for undisputed
services provided by the subcontractor. Contractor must pay interest of one and one-half percent (1½%)
per month or any part of a month to the subcontractor on any undisputed amount not paid on time to
the subcontractor. The minimum monthly interest penalty payment for an unpaid balance of $100.00 or
more is $10.00. For an unpaid balance of less than $100.00, Contractor shall pay the actual penalty due
to the subcontractor. A subcontractor who prevails in a civil action to collect interest penalties from the
Contractor shall be awarded its costs and disbursements, including attorney’s fees, incurred in bringing
the action.
36.Severability.In the event that any provision of this Agreement shall be illegal or otherwise
unenforceable, such provision shall be severed, and the balance of the Agreement shall continue in full
force and effect.
37.Signatory.Each person executing this Agreement (“Signatory”) represents and warrants that they
are duly authorized to sign on behalf of their respective organization. In the event Contractor did not
authorize the Signatory to sign on its behalf, the Signatory agrees to assume responsibility for the duties
and liability of Contractor, described in this Agreement, personally.
38.Counterparts and Electronic Communication.This Agreement may be executed in two or more
counterparts, each of which shall be deemed an original, but all of which taken together shall constitute
one and the same instrument. This Agreement may be transmitted by electronic mail in portable
document format (pdf) and signatures appearing on electronic mail instruments shall be treated as
original signatures.
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39.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.
DOCTOR ASPHALT MN LLC:CITY OF GOLDEN VALLEY:
By: _________________________________
Derek Putz, Vice President
By: _________________________________
Roslyn Harmon, Mayor
By: _________________________________
Noah Schuchman, City Manager
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EXHIBIT A
SCOPE OF WORK
1.The Work. The Work will consist of sawing or routing, measuring, cleaning and sealing cracks in the
existing bituminous pavement. Contractor shall provide certification that the sealant meets the requirements of
MNDOT Standard Specification 3723. The crack sealant compound shall be packaged in sealed containers. Each
container shall be clearly marked with the name of the manufacturer, the trade name of the sealant, the
manufacturer’s batch and lot number, the pouring temperature, and the safe heating temperature. A copy of the
manufacturer’s recommendations pertaining to the heating and application of the joint sealant material shall be
submitted to the Engineer prior to commencement of work. These recommendations shall be adhered to and
followed by Contractor.
The temperature of the sealer in the field application equipment shall never exceed the safe heating temperature
recommended by the manufacturer. Any given quantity of material shall not be heated at the pouring
temperature for more than six (6) hours and shall never be reheated. Sealing shall not proceed if the temperature
of the material has not reached or has fallen below the manufacturer’s recommended minimum application
temperature.
Mixing of different manufacturer’s brands or different types of sealant shall be prohibited.
The “Blow & Go” installation method will be used when cracks fit one or more of the following criteria:
a. Crack has previously been crack sealed and the existing crack seal has failed
b. Crack is in a roadway that has previously received a chip seal
Roadways that have previously been sealcoated shall utilize the “Blow & Go” method. Cracks identified as "Blow
& Go" shall be cleaned of all weeds, debris, and dirt by Contractor prior to sealing.
The “Saw/Route & Seal” installation method will be used when cracks are present in new pavement that has not
been previously chip sealed or crack sealed.
All cracks to be sawn/routed, measured, cleaned and sealed ¾ inch wide by a depth of ¾ inch shall be approved
by the Engineer. The sawing/routing, cleaning and sealing shall extend the full length of the crack, including
shoulders where necessary.
Contractor shall conduct their operation so that sawing/routing, cleaning and sealing is a continuous operation.
Traffic shall not be allowed to knead together or damage the reservoir once it has been created. Sawn/routed
cracks not sealed before traffic is allowed on the surface shall be re-sawed/re-routed at no additional cost to the
City.
The sawing/routing equipment shall be mechanical and power driven, capable of following and cutting the cracks
to the required dimensions without deviation from the crack or creating excessive spalling. Equipment designed
to “plow” the cracks to dimension will not be permitted. Wet sawing will not be allowed.
Immediately prior to sealing, the crack and surface area six (6) inches on both sides shall be cleaned of foreign
matter and loosened particles with a broom or oil-free compressed air. The crack and surface area six (6) inches
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on both sides will then be cleaned and dried with a hot compressed air heat lance. The heat lance shall meet the
following requirements: temperature of heated air at exit of orifice minimum of 280° F, velocity of existing heated
air minimum of 2,800 fps.
Contractor shall take caution to keep all sawing/routing and cleaning debris off of the boulevards and contained
to gutter areas. The City will furnish a street sweeper and operator to work in tandem with Contractor’s
sawing/routing crew maintaining a smooth cleanup operation. The application time and final results of the
cleaning area are subject to the Engineer’s approval. The sealant must also be squeegeed to ensure proper
overbanding. Sealant shall overfill the crack and extend a minimum of ½ inch on either side of the crack. If the
sawing/routing process results in spalled or rough edges, the Engineer may require the material to be poured,
flushed and squeegeed to fill in the rough edges. The applicator wands shall be returned to the machine and the
joint sealant material recirculated immediately upon completion of each crack. Pour pots or similar devices shall
not be used to apply the sealer. Lanes may be opened to traffic only after the sealer has set sufficiently so it will
not pick up under traffic. Cover material shall be spread on top of the sealant while still hot. Traffic shall not be
allowed on the material until it is cured or it has been blotted to prevent tracking. The use of blotting material
such as toilet paper will be permitted.Sand or fine aggregate shall not be used as cover material.Sealant material
picked up or pulled out during construction shall be replaced at Contractor’s expense.
Sealant materials may be placed during a period of rising temperature after the air temperature in the shade and
away from artificial heat has reached 50° F and indications are for a continued rise in temperature.
During a period of falling temperature, the placement of sealant material shall be suspended when the air
temperature, in the shade and away from artificial heat, reaches 30° F. Sealant shall not be placed when in the
opinion of the Engineer the weather or roadbed conditions are unfavorable. Sawing/routing and sealing will be
permitted only during daylight hours.
2.Location. The Location Map herein Exhibit A identifies roadways to be cracked sealed as part of the
project. If existing crack sealing material in these areas is still in satisfactory condition, those cracks shall not be
resealed.
3.Contract Time. The Work shall commence May 5, 2025, and conclude July 11, 2025.
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EXHIBIT B
SPECIAL CONDITIONS
1.Responsible Contractor Certification. Contractor and subcontractor(s) shall be a “responsible contractor”
as defined in Minnesota Statutes §16C.285, subdivision 3. Contractor or subcontractor(s) that do not meet the
minimum criteria established in Minnesota Statutes §16C.285, subdivision 3, or who fails to verify compliance
with the minimum requirements, will not be a “responsible contractor” and will be ineligibleto perform the Work.
Contractor and subcontractor(s) are that make a false statement verifying compliance with any of the minimum
criteria shall result in the termination of this Agreement.
2.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. Subcontractor list.
d. Material supplier list.
e. Traffic Control plan.
3.Measurement and Payment.Payment for all items for this project shall be by the unit price as stated
herein Exhibit C. The estimated quantities on the Proposal form are for determination of the lowest cost for the
Work. The City reserves the right to increase or decrease quantities shown on the Proposal to stay within the
amount budgeted by the City. No claims for extra compensation due to increased or decreased quantities shall
be considered. Contractor shall provide daily documentation to the Engineer, at the end of each working day, for
the quantities performed that day. Contractor shall submit all final quantities to the City within one month after
completion of the Work.
4.Mobilization (2021). The lump sum for mobilization is to include all aspects of work and shall include
mobilization to all of the areas identified in the Location Map herein Exhibit A.
5.Traffic Control and Maintenance. Contractor, at its own expense, shall furnish and 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, at Contractor’s own cost and expense,
provide all construction signage and traffic control devices for the protection of persons, property and the Work.
Contractor shall be responsible for maintaining traffic control devices during the Work. In the event that the City
must install additional signs for traffic control for safety purposes, the cost for such measures shall be billed to
Contractor or withheld from monies due. The Contractor shall be held responsible for all damaged from failure
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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.
6.Manual References. The Specifications which apply to the Work shown in the Plans shall be as follows:
a. Special Conditions herein Exhibit A and B.
b. The most current edition of the Minnesota Manual on Uniform Traffic Control Devices.
(https://www.dot.state.mn.us/trafficeng/publ/mutcd/)
c. 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, most
current edition, and its supplements, shall apply, except as modified or supplemented herein.
(https://www.dot.state.mn.us/pre-letting/spec/)
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. (https://www.dot.state.mn.us/pre-letting/spec/)
7.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 Conditionscovering 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.
8.DOT Compliance. All of Contractor’s drivers performing work for the City must be in compliance with DOT
requirements related to holding a Commercial Driver’s License (CDL). Contractor shall be responsible for ensuring
its own compliance with all applicable DOT regulations and requirements, including but not limited to DOT
regulations related to drug testing and the maintenance of drug testing records. Contractor shall indemnify and
hold harmless the City for any fines incurred as a result of Contractor’s failure to comply with DOT requirements
as set forth above. It shall be Contractor’s responsibility to comply and provide evidence to the City of DOT
compliance upon request.
9.Hours of Operation. Work shall occur Monday through Saturday from 7:00 a.m. to 7:00 p.m.
On streets designated as high-volume 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
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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 34th Ave N
m. Rhode Island Avenue between 10
th Avenue and TH 55
n. Wayzata Boulevard all portions in Golden Valley City Limits
o. Winnetka Avenue between TH 55 and I-394
p. Xenia Avenue South between Glenwood Avenue and I-394
q. Zenith Avenue North between 26
th Ave N and Theodore Wirth Pkwy
On City owned parking lots, a one week advanced notice is required for crack sealing any parking lots. Work
may need to be phased to allow for parking of City vehicles and City employees as directed by the Engineer.
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.Contract Time Extension. The Contractor shall perform fully, entirely, and in an acceptable manner, the
Work within the Contract Time stated in this Agreement. Contractor shall notify the City on writing, not less than
ten (days) prior to end of the Contract Time if the Contractorfinds it impossible to complete the Work. Contractor
shall detail fully in the request reasons for the extension. The City, in its sole discretion, may grant an extension if
the Work has been delayed on account of unusual circumstances beyond the control of the Contractor, or that
quantities of the Work done or to be done are in excess of estimated quantities in sufficient amount to warrant
the extension for the completion to such date as may seem reasonable and proper.
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EXHIBIT C
PROPOSAL
Contractor certifies that an examination has been made of the scope and location of work and proposes to
furnish all necessary machinery, equipment, tools, labor and other means for the Work and to furnish all
materials specified in the manner and at the time 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.
Spec
Number Description Units
Estimated
Quantity Bid Price Amount
2021.501 Mobilization
Lump
Sum 1 $ 2,500.00 $ 2,500.00
2104.501 Furnish and Install Crack Sealant Lbs.30,000 $ 1.88 $ 56,400.00
2104.503 Traffic Control
Lump
Sum 1 $ 1,075.00 $ 1,075.00
TOTAL COST TO PROVIDE SERVICES FOR 2025 CRACK SEALING PROJECT $ 59,975.00
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EXECUTIVE SUMMARY
Public Works
763-512-2345 / 763-512-2344 (fax)
Golden Valley City Council Meeting
March 4, 2025
Agenda Item
3D.5. Approve Contract for Gate Valve Repairs with Precision Utilities LLC
Prepared By
Tim Kieffer, Public Works Director
Joe Hansen, Utility Maintenance Superintendent
Summary
The city contracts water distribution repairs on an annual basis in conjunction with mill and overlay
projects. This year’s work includes replacing 40 gate valves. 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.
Staff proposes to purchase the gate valves and parts. This reduces the cost of the project by
eliminating sales tax or mark-ups the contractor may impose.
Quotes for the project were received on February 18, 2025, and are listed below:
JL Theis, Inc.$157,749
Precision Utilities LLC $132,300
Valley Rich Co., Inc.$137,650
Financial or Budget Considerations
The 2025-2034 Water and Sanitary Sewer Capital Improvement Program (CIP) includes $200,000 for
valve replacement (W&SS-066).
Legal Considerations
The Legal Department has reviewed and approved the contract.
Equity Considerations
Staff solicited quotes from thirty-six utility contractors, including thirty-five Disadvantaged Business
Enterprises using the Minnesota Unified Certification Program database, and three community
organizations that work with Minority and Women Business Enterprises.
Recommended Action
Motion to authorize the Mayor and City Manager to execute the Contract for Gate Valve Repairs with
Precision Utilities LLC in the form approved by the City Attorney.
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Supporting Documents
Contract for Gate Valve Repairs with Precision Utilities LLC
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CONTRACT FOR GATE VALVE REPAIRS
WITH PRECISION UTILITIES LLC
THIS AGREEMENT is made this 4th day of March 2025 (the “Effective Date”) by and between Precision
Utilities LLC,a sewer and water contractorlocated at 14067 62nd Street, Mayer, MN 55360(“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 shallto notify 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
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
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amounts undertaken by Contractor during the relevant billing period. The City shall pay Contractor within
thirty-five (35) days after receiving a statement from Contractor.
4.Permits.Contractor shall obtain, at its sole cost, all permits required for the performance of the
Work.
5.Extra Work.Unless approved by the City in writing, Contractor shall make no claim for extra work
done or materials furnished, nor shall Contractor do any work or furnish any materials not covered by the
plans and specifications of this Agreement. Any such work or materials furnished by Contractor without
written City approval shall be at Contractor’s own risk and expense. Contractor shall perform any altered
plans ordered by the City; if such alteration reduces the cost of doing such work, the actual amount of
such reduction shall be deducted from the contract price for the Work.
6.Contract Documents.The Contract Documents shall consist of this Agreement; all exhibits to this
Agreement, which are incorporated herein by reference; any supplementary drawings, plans, and
specifications; and other documents listed herein.
In the event of a conflict among the various provisions of the Contract Documents, the terms shall be
interpreted in the following order of priority:
a. Modifications to this Agreement
b. This Agreement, including all exhibits
c. Supplementary drawings, plans, specifications
d. Other documents listed in this Agreement
Drawings shall control over Specifications, and detail in drawings shall control over large-scale drawings.
All capitalized terms used and not otherwise defined in this Agreement, but defined elsewhere in the
Contract Documents, shall have the meaning set forth in the Contract Documents.
7.Expense Reimbursement.Contractor shall not be compensated separately for necessary
incidental expenses. All expenses of Contractor shall be built into Contractor’s fixed compensation rate,
unless reimbursement is provided for an expense that received the prior written approval of the City,
which approval may be provided via electronic mail.
8.Approvals.Contractor shall secure the City’s written approval before making any expenditures,
purchases, or commitments on the City’s behalf beyond those listed in the Work. The City’s approval
may be provided via electronic mail.
9.Protection of Persons and Property.Contractor shall be responsible for initiating, maintaining
and supervising all safety precautions and programs in connection with the performance of the Work.
Contractor shall take reasonable precautions for the safety of, and shall provide reasonable protection to
prevent damage, injury, or loss to:
a. Persons performing the Work and other persons who may be affected by the Work;
b. The Work and materials and equipment to be incorporated therein; and
c. Other property at the site or adjacent to the site, such as trees, shrubs, lawns, walks,
pavement, roadways, structures and utilities.
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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.Acceptance of the Work. All of the Contractor’s work and labor shall be subject to the inspection
and approval of the City. If any materials or labor are rejected by the City as defective or unsuitable, then
the materials shall be removed and replaced with other approved materials and the labor shall be done
to the satisfaction and approval of the City at the Contractor’s sole cost and expense. Contractor shall
replace at Contractor’s expense any loss or damage to the Work, however caused, which occurs during
the construction thereof or prior to the final delivery to and acceptance of the Work by the City. Any
payment made to Contractor, shall not be construed as operating to relieve Contractor from responsibility
for the construction and delivery of Work. Acceptance of the completed Work shall be evidenced only by
a Certificate of Final Completion issued by the City, which shall state the date on which the City accepts
the completed Work (the “Final Completion Date”).
11.Warranty.Contractor represents and warrants that it has the requisite training, skills, and
experience necessary to complete the Work, is appropriately licensed by all applicable agencies and
governmental entities, and will complete the Work in a manner consistent with the level of care and skill
ordinarily exercised by professionals currently providing similar work. Contractor further 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.
12.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
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commenced to establish Contractor’s liability with respect to Contractor’s obligations other than
specifically to correct the Work.
13.Termination.This Agreement shall remain in force and effect commencing from the effective
date and continuing until the completion of all of the parties’ obligations hereunder, unless terminated
by the City or amended pursuant to the Agreement. Notwithstanding any other provision hereof to the
contrary, this Agreement may be terminated as follows:
a. The parties, by mutual written agreement, may terminate this Agreement at any time;
b. Contractor may terminate this Agreement in the event of a breach of the Agreement by the
City upon providing thirty (30) days’ written notice to the City;
c. The City may terminate this Agreement at any time at its option, for any reason or no reason
at all; or
d. The City may terminate this Agreement immediately upon Contractor’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.
14.Amendments.No amendments may be made to this Agreement except in a writing signed by
both parties.
15.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.
16.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.
17.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.
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18.Insurance.Contractor shall maintain reasonable insurance coverage throughout this
Agreement. Contractor agrees that before any work related to the approved project can be performed,
Contractor shall maintain at a minimum:
a. Worker’s Compensation Insurance as required by Minnesota Statutes, section 176.181;
b. Business Auto Liability covering vehicles owned by Contractor and non-owned vehicles used
by Contractor, with policy limits not less than $1,000,000.00 per accident, for bodily injury,
death of any person, and property damage arising out of the ownership, maintenance, and
use of such motor vehicles, along with any statutorily required automobile coverage;
c. Commercial General Liability in an amount of not less than $1,000,000.00 per occurrence,
$2,000,000 general aggregate, and $2,000,000 for products-completed operations hazard,
providing coverage for claims including:
i.Damages because of bodily injury, sickness or disease, including occupational sickness
or disease, and death of any person;
ii.Personal and advertising injury;
iii.Damages because of physical damage to or destruction of property, including loss of
use of such property;
iv.Bodily injury or property damage arising out of completed operations; and
v.Contractor’s indemnity obligations under this Agreement.
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.
19.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.
20.Assignment.Neither the City nor Contractor shall assign this Agreement or any rights under or
interest in this Agreement, in whole or in part, without the other party’s prior written consent. Any
assignment in violation of this provision is null and void. Neither the City nor Contractor shall assign, or
transfer any rights under or interest (including, but without limitation, moneys that may become due or
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
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employing such independent consultants, associates, and subcontractors, as it may deem appropriate to
assist it in the performance of the Work required by this Agreement. Any instrument in violation of this
provision is null and void.
21.Independent Contractor.Contractor is an independent contractor. Contractor’s duties shall be
performed with the understanding that Contractor has special expertise as to the Work which Contractor
is to perform and is customarily engaged inthe independent performance of the same or similar workfor
others. Contractor shall provide or contract for all required equipment and personnel. Contractor shall
control the manner in which the Work is performed; however, the nature of the Work and the results to
be achieved shall be specified by the City.The parties agree that this is not a joint venture and the parties
are not co-partners. Contractoris not an employee or agent of the City and has no authority to make any
binding commitments or obligations on behalf of the City except to the extent expressly provided in this
Agreement. All Work provided by Contractor pursuant to this Agreement shall be provided by Contractor
as an independent contractor and not as an employee of the City for any purpose, including but not limited
to: income tax withholding, workers' compensation, unemployment compensation, FICA taxes, liability
for torts and eligibility for employee benefits.
22.Compliance with Laws.Contractorshall exercise due professional care to comply with applicable
federal, state and local laws, rules, ordinances and regulations in effect as of the Effective Date.
Contractor’sguests, invitees, members, officers, officials, agents, employees, volunteers, representatives,
and subcontractors shall abide by the City’s policies prohibiting sexual harassment and tobacco, drug, and
alcohol use as defined on the City’s Tobacco, Drug, and Alcohol Policy, as well as all other reasonable work
rules, safety rules, or policies, and procedures regulating the conduct of persons on City property, at all
times while performing duties pursuant to this Agreement. Contractor agrees and understands that a
violation of any of these policies, procedures, or rules constitutes a breach of the Agreement and sufficient
grounds for immediate termination of the Agreement by the City.
23.Entire Agreement.The Contract Documents shall constitute the entire agreement between the
City and Contractor, and supersede any other written or oral agreements between the City and
Contractor.
24.Third Party Rights.The parties to this Agreement do not intend to confer any rights under this
Agreement on any third party.
25.Choice of Law and Venue.This Agreement shall be governed by and construed in accordance with
the laws of the state of Minnesota. Any disputes, controversies, or claims arising out of this Agreement
shall be heard in the state or federal courts of Hennepin County, Minnesota, and all parties to this
Agreement waive any objection to the jurisdiction of these courts, whether based on convenience or
otherwise.
26.Work Products and Ownership of Documents. All records, information, materials and other work
products, including, but not limited to the completed reports, drawings, plans, and specifications prepared
and developed in connection with the provision of the Work pursuant to this Agreement shall become the
property of the City, but reproductions of such records, information, materials and other work products
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.
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27.Conflict of Interest.Contractor shall use reasonable care to avoid conflicts of interest and
appearances of impropriety in representation of the City. In the event of a conflict of interest, Contractor
shall advise the City and,either secure a waiver of the conflict, or advise the City that it will be unable to
provide the requested Work.
28.Agreement Not Exclusive.The City retains the right to hire other professionals, contractors and
service providers for this or other matters, in the City’s sole discretion.
29.DataPractices Act Compliance.Any and all data provided to Contractor, received from Contractor,
created, collected, received, stored, used, maintained, or disseminated by Contractor pursuant to this
Agreement shall be administered in accordance with, and is subject to the requirements of the Minnesota
Government Data Practices Act, Minnesota Statutes, Chapter 13. Contractoragrees to notify the City within
three business days if it receives a data request from a third party. This paragraph does not create a duty
on the part of Contractor to provide access to public data to the public if the public data are available from
the City, except as required by the terms of this Agreement. These obligations shall survive the termination
or completion of this Agreement.
30.No Discrimination.Contractor agrees not to discriminate in providing the Work under this
Agreement on the basis of race, color, sex, creed, national origin, disability, age, sexual orientation, gender,
gender identity, gender expression, 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. Contractoragrees to utilize its own auxiliary aid or service in order to comply
with ADA requirements for effective communication with individuals with disabilities.
31.Authorized Agents.The City’s authorized agent for purposes of administration of this contract is
Tim Kieffer, or designee. Contractor’s authorized agent for purposes of administration of this contract is
Dan Lipe, or designee who shall perform or supervise the performance of all Work.
32.Notices.Any notices permitted or required by this Agreement shall be deemed given when
personally delivered or upon deposit in the United States mail, postage fully prepaid, certified, return
receipt requested, addressed to:
CONTRACTOR THE CITY
Precision Utilities LLC
14067 62nd Street
Mayer, MN 55360
dan@precisionutilities.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.
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33.Waiver.No waiver of any provision or of any breach of this Agreement shall constitute a waiver
of any other provisions or any other or further breach, and no such waiver shall be effective unless made
in writing and signed by an authorized representative of the party to be charged with such a waiver.
34.Headings.The headings contained in this Agreement have been inserted for convenience of
reference only and shall in no way define, limit or affect the scope and intent of this Agreement.
35.Payment of Subcontractors.Contractor agrees to pay all laborers employed and all
subcontractors furnishing material to Contractor in the performance of this contract. If Contractor fails to
pay any claims and demands for labor and materials, the City may apply the monies due to Contractor
toward paying and satisfying such claims and demands. The City has the right to apply monies due to
Contractor towards paying any accrued indebtedness or any claim which may hereafter come due against
Contractor. The amount of such payments shall be deducted from the balance due to the Contractor;
provided that nothing herein nor any variation from the amounts and timing of the installments shall be
construed as impairing the right of the City or of those to whose benefit the bond herein agreed upon
shall insure, to hold Contractor or surety liable on the bond for any breach of the conditions of the same
nor as imposing upon the City any obligation to laborers, materialmen, contractors, or sureties to pay or
to retain for their benefit any monies coming to the contractor hereunder.
Pursuant to Minnesota Statutes, Section 471.425, Subdivision 4(a), Contractor must pay any
subcontractor within ten (10) days of Contractor’s receipt of payment from the City for undisputed
services provided by the subcontractor. Contractor must pay interest of one and one-half percent (1½%)
per month or any part of a month to the subcontractor on any undisputed amount not paid on time to
the subcontractor. The minimum monthly interest penalty payment for an unpaid balance of $100.00 or
more is $10.00. For an unpaid balance of less than $100.00, Contractor shall pay the actual penalty due
to the subcontractor. A subcontractor who prevails in a civil action to collect interest penalties from the
Contractor shall be awarded its costs and disbursements, including attorney’s fees, incurred in bringing
the action.
36.Severability.In the event that any provision of this Agreement shall be illegal or otherwise
unenforceable, such provision shall be severed, and the balance of the Agreement shall continue in full
force and effect.
37.Signatory.Each person executing this Agreement (“Signatory”) represents and warrants that they
are duly authorized to sign on behalf of their respective organization. In the event Contractor did not
authorize the Signatory to sign on its behalf, the Signatory agrees to assume responsibility for the duties
and liability of Contractor, described in this Agreement, personally.
38.Counterparts and Electronic Communication.This Agreement may be executed in two or more
counterparts, each of which shall be deemed an original, but all of which taken together shall constitute
one and the same instrument. This Agreement may be transmitted by electronic mail in portable
document format (pdf) and signatures appearing on electronic mail instruments shall be treated as
original signatures.
39.Recitals.The City and Contractor agree that the Recitals are true and correct and are fully
incorporated into this Agreement.
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IN WITNESS WHEREOF,the City and Contractor have caused this Independent Contractor Agreement to
be executed by their duly authorized representatives in duplicate on the respective dates indicated
below.
PRECISION UTILITIES LLC:CITY OF GOLDEN VALLEY:
By: _________________________________
Daniel Lipe, President
By: _________________________________
Roslyn Harmon, Mayor
By: _________________________________
Noah Schuchman, City Manager
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EXHIBIT A
SCOPE OF WORK
1.Work. The Work shall include all labor and equipment necessary to repair, replace, or relocategatevalves
or other potable water distribution components. The Work shall include, but not limited to, excavation; removal
and disposal of old gate valves; installation of new gate valves; and backfill and compact the excavated trench.
The City shall furnish new gate valves, parts and/or bolts, trucking, and backfill material. 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 May 1, 2025, or earlier if approved by the City and Minnesota
Department of Transportation Metro Spring Load Restrictions have ended, and conclude June30, 2025.
3.Location. The Location Maps herein Exhibit A identifies the location of each repair.
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EXHIBIT B
SPECIAL CONDITIONS
1.Responsible Contractor Certification. Contractor and subcontractor(s) shall be a “responsible contractor”
as defined in Minnesota Statutes §16C.285, subdivision 3. Contractor or subcontractor(s) that do not meet the
minimum criteria established in Minnesota Statutes §16C.285, subdivision 3, or who fails to verify compliance
with the minimum requirements, will not be a “responsible contractor” and will be ineligibleto perform the Work.
Contractor and subcontractor(s) are that make a false statement verifying compliance with any of the minimum
criteria shall result in the termination of this Agreement.
2.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.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
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
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given relative to the surface, overhead or underground structures or by reason of Contractor’s failure to
properly protect and maintain such structures.
5.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.
6.Mobilization. The lump sum for mobilization is to include all aspects of work and shall include
mobilization to all of the areas identified in the Location Maps herein Exhibit A.
7.DOT Compliance. All of Contractor’s drivers performing work for the City must be in compliance with DOT
requirements related to holding a Commercial Driver’s License (CDL). Contractorshall 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.
8.Hours of Operation.Work shall occur Monday through Friday from 7:00 a.m. to 7:00 p.m., excluding
holidays. On streets designated as high-volume or County roadways, Contractor’s Work shall be restricted to the
hours of 9:00 a.m. to 3:30 p.m., or after 6:00 p.m. for any Work within the traveled portion of the roadway.
High Volume Roadways
A. Betty Crocker Boulevard between US 169 and General Mills Blvd
B. Boone Avenue North between TH 55 and Plymouth Ave
C. General Mills Boulevard between Wayzata Blvd and TH 55
D. Golden Hills Drive between Wayzata Blvd and Turners Crossroad
E. Golden Valley Road between Boone Avenue and Douglas Drive
F. Laurel Avenue between Winnetka Avenue and Xenia Avenue
G. Louisiana Avenue South between Laurel Avenue and I-394
H. Noble Avenue North between Golden Valley Road and 34
th Ave N
I.North and South Frontage Roads of I-394
J.Olympia Street between Winnetka Avenue and Douglas Drive
K. Plymouth Avenue between US 169 and Winnetka Avenue
L. Regent Avenue North between Duluth Street and 34
th Ave N
M. Rhode Island Avenue between 10
th Avenue and TH 55
N. Wayzata Boulevard all portions in Golden Valley City Limits
O. Winnetka Avenue between TH 55 and I-394
P. Xenia Avenue South between Glenwood Avenue and I-394
Q. Zenith Avenue North between 26
th Ave N and Theodore Wirth Pkwy
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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
9.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.
10.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.
11.Traffic Control and Maintenance. Contractor, at its own expense, shall furnish and 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, at Contractor’s own cost and expense,
provide all construction signage and traffic control devices for the protection of persons, property and the Work.
Contractor shall be responsible for maintaining traffic control devices during the Work. In the event that the City
must install additional signs for traffic control for safety purposes, the cost for such measures shall be billed to
Contractor or withheld from monies due. The Contractor shall be held responsible for all damaged from failure
to protect the work zone. When single lane traffic is necessary, flagmen must be provided to direct traffic.
Contractor shall provide certifications of all flagmen that will be working on this project.
12.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, most current
edition, 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 651.292.8860, 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. (https://www.dot.state.mn.us/trafficeng/publ/mutcd/)
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, most
current edition, and its supplements, shall apply, except as modified or supplemented herein.
(https://www.dot.state.mn.us/pre-letting/spec/)
E. 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. (https://www.dot.state.mn.us/pre-letting/spec/)
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13.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 Assistant City Forester. Standard excavation procedures may need to be modified for large trees
that have their trunks closer than five (5) feet from the excavation or sloping limits. Contractor shall be required
to provide protection to all exposed oak tree roots that are cut prior to July 1. Contractor shall have on-site an
approved wound dressing to be applied to freshly cut root ends immediately (within 10 minutes) after excavation
to prevent oak wilt infection. Wound dressing will not be permitted for any other situation other than oaks or
ashes damaged by construction before July 1. Contractor shall coordinate all such work with the Assistant City
Forester.
14.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.
15.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 one month after completion of the
Work.
16.Contract Extension. Contractor shall perform fully, entirely, and in an acceptable manner, the Work
contracted for within the time stated 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
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considered as forfeited as of the Contract Time, including all agreed upon adjustments, and the City, without
violating the Contract, may proceed immediately to take over the Work, materials and equipment and make
final settlement of costs incurred, except that it shall not be necessary to give Contractor written ten (10) days’
notice for such forfeiture.
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EXHIBIT C
CITY OF GOLDEN VALLEY STANDARD DETAILS
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EXHIBIT D
PROPOSAL
Contractor certifies that an examination has been made of the scope and location of work and proposes to furnish
all necessary machinery, equipment, tools, labor and other means for the Work and to furnish all materials
specified in the manner and at the time prescribed in the Contract Documents. Contractor understands that the
quantities shown herein are approximate only and are subject to increase or decrease. Contractor further
understands all quantities, whether increased or decreased, shallbe performed at the unit pricesbelow.The cost
of hauling to the dumpsite and the cost of dumping material at the site shall be included in the prices bid for the
equipment.
Item
Number Description Units Quantity Unit Price Total
2021.501 MOBILIZATION LS 1 $5,000.00 $5,000.00
2504.602 4-INCH VALVE REPAIR EACH 2 $3,100.00 $6,200.00
2504.602 6-INCH VALVE REPAIR EACH 24 $3,100.00 $74,400.00
2504.602 8-INCH VALVE REPAIR EACH 13 $3,100.00 $40,300.00
2504.602 12-INCH VALVE REPAIR EACH 1 $3,400.00 $3,400.00
2563.601 TRAFFIC CONTROL LS 1 $3,000.00 $3,000.00
TOTAL COST TO PROVIDE SERVICES FOR GATE VALVEREPAIRS $132,300.00
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EXECUTIVE SUMMARY
Community Development
763-512-2345 / 763-512-2344 (fax)
Golden Valley City Council Meeting
March 4, 2025
Agenda Item
3D.6. Approve Contract with Stantec for Sign Code Updates
Prepared By
Chloe McGuire, Deputy Community Development Director
Summary
Attached is a contract with Stantec Consulting Services Inc. ("Stantec") to update the City's sign code.
Financial or Budget Considerations
The 2025 budget includes $65,000 to engage a consultant to update the sign code. The total proposed
cost is not to exceed $45,000.
Legal Considerations
The Legal Department has reviewed and approved the contract.
Equity Considerations
The Request for Proposals (RFP) for the project included equity considerations. The chosen consultant,
Stantec, has a strong commitment to equity and has included an equity analysis in their scope of work
for the revisions. Additionally, a goal of this work is to have more user-friendly, transparent, and
accessible code language.
Recommended Action
Staff recommends approval of the contract.
Motion to authorize the Mayor and City Manager to execute the Contract for Consulting Services with
Stantec Consulting Services Inc.
Supporting Documents
Contract
Proposal
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PROFESSIONAL SERVICES AGREEMENT FOR
PLANNING SERVICES FOR SIGN CODE UPDATE
CONSULTING SERVICES
THIS AGREEMENT is made this March 4, 2025 (“Effective Date”) by and between Stantec Consulting
Services Inc.(“Consultant”), and the City of Golden Valley, Minnesota, a Minnesota municipal corporation located
at 7800 Golden Valley Road, Golden Valley, MN 55427 (the “City”):
RECITALS
A. Consultant is engaged in the business of completing a rewrite of Chapter 105 and select sections of
Chapter 113 as they relate to signs, as well as related items such as: sign code diagnosis, document drafting,
equity analysis, public outreach, meeting attendance, and commercial users outreach.
B. The City desires to hire Consultant to provide technical planning assistance in updating the city’s sign code.
C. Consultant represents that it has the professional expertise and capabilities to provide the City with the
requested services.
D. The City desires to engage Consultant to provide the services described in this Agreement and Consultant
is willing to provide such services on the terms and conditions in this Agreement.
NOW, THEREFORE, in consideration of the terms and conditions expressed in this Agreement, the City and
Consultant agree as follows:
AGREEMENT
1.Services.Consultant agrees to provide the City with professional planning services as mutually agreed to by
Consultant and the Golden Valley City Manager or their designee as described in the attached Exhibit A (the
“Services”).All Services shall be provided in a manner consistent with the level of care and skill ordinarily exercised
by professionals currently providing similar services.
2.Term.This Agreement shall remainin force and effect commencing from the effective date and continuing until
terminated by the City or amended pursuant to the Agreement.
3.Consideration.The City shall pay Consultant for the Services according to the terms on the attached Exhibit B
in an amount not to exceed $45,000.The consideration shall be for both the Services performed by Consultant
and any expenses incurred by Consultant in performing the Services. Consultant shall submit statements to the
City upon completion of the Services. The City shall pay Consultant within thirty-five (35) days after Consultant’s
statements are submitted.
4.Termination.Notwithstanding any other provision herein to the contrary, this Agreement may be terminated
as follows:
a. The parties, by mutual written agreement, may terminate this Agreement at any time;
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b. Consultant may terminate this Agreement in the event of a breach of the Agreement by the City upon
providing thirty (30) days’ written notice to the City;
c. The City may terminate this Agreement at any time at its option, for any reason or no reason at all; or
d. The City may terminate this Agreement immediately upon Consultant’s failure to have in force any
insurance required by this Agreement.
In the event of a termination, the City shall pay Consultant for Services performed to the date of termination and
for all costs or other expenses incurred prior to the date of termination.
5.Amendments.No amendments may be made to this Agreement except in a writing signed by both parties.
6.Records/Inspection.Pursuant to Minnesota Statutes § 16C.05, subd. 5, Consultant agrees that the books,
records, documents, and accounting procedures and practices of Consultant, that are relevant to the contract or
transaction, are subject to examination by the City and the state auditor or legislative auditor for a minimum of
six years. Consultant shall maintain such records for a minimum of six years after final payment. The parties agree
that this obligation will survive the completion or termination of this Agreement.
7.Indemnification.To the fullest extent permitted by law, Consultant, and Consultant’s successors or assigns,
agree to protect, defend, indemnify, save, and hold harmless the City, its officers, officials, agents, volunteers,and
employees from any and all claims; lawsuits; causes of actions of any kind, nature, or character; damages; losses;
or costs, disbursements, and expenses of defending the same, including but not limited to attorneys’ fees,
professional services, and other technical, administrative or professional assistance resulting from or arising out of
Consultant’s (or its subcontractors, agents, volunteers, members, invitees, representatives, or employees)
performance of the duties required by or arising from this Agreement, or caused in whole or in part by any negligent
act or omission or willful misconduct by Consultant, or arising out of Consultant’s failure to obtain or maintain the
insurance required by this Agreement. Nothing in this Agreement shall constitute a waiver or limitation of any
immunity or limitation on liability to which the City is entitled.The parties agree that these indemnification obligations
shallsurvive the completion or termination of this Agreement.
8. Insurance. Consultant shall maintain reasonable insurance coverage throughout this Agreement. Consultant
agrees that before any work related to the approved project can be performed, Consultant shall maintain at a
minimum: Worker’s Compensation Insurance as required by Minnesota Statutes, section 176.181; Business Auto
Liability in an amount not less than $1,000,000.00 per occurrence; Professional Liability in an amount not less than
$1,000,000.00 per occurrence; and Commercial General Liability in an amount of not less than $1,000,000.00 per
occurrence for bodily injury or death arising out of each occurrence, and $1,000,000.00 per occurrence for
property damage, $2,000,000.00 aggregate. To meet the Commercial General Liability and Business Auto Liability
requirements, Consultant may use a combination of Excess and Umbrella coverage. Consultant shall provide the
City with a current certificate of insurance including the following language: “The City of Golden Valley is named
as an additional insured with respect to the commercial general liability, business automobile liability and
umbrella or excess liability, as required by the contract. The umbrella or excess liability policy follows form on all
underlying coverages.” Such certificate of liability insurance shall list the City as an additional insured and contain
a statement that such policies of insurance shall not be canceled or amended unless 30 days’ written notice is
provided to the City, or 10 days’ written notice in the case of non-payment.
9.Assignment and Subcontracting.Neither the City nor Consultant shall assign, or transfer any rights under or
interest (including, but without limitation, moneys that may become due or moneys that are due) in the
Agreement without the written consent of the other except to the extent that the effect of this limitation may be
restricted by law.Unless specifically stated to the contrary in any written consent to an assignment, no assignment
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will release or discharge the assignor from any duty or responsibility under this Agreement. Nothing contained in
this paragraph shall prevent Consultant from employing such independent consultants, associates, and
subcontractors, as it may deem appropriate to assist it in the performance of the Services required by this
Agreement. Any instrument in violation of this provision is null and void.
10.Independent Contractor.Consultant is an independent contractor. Consultant’s duties shall be performed
with the understanding that Consultant has special expertise as to the services which Consultant is to perform and
is customarily engaged inthe independent performance of the same or similar services for others.Consultant shall
provide or contract for all required equipment and personnel. Consultant shall control the manner in which the
services are performed; however, the nature of the Services and the results to be achieved shall be specified by
the City. The parties agree that this is not a joint venture and the parties are not co-partners. Consultant is not an
employee or agent of the City and has no authority to make any binding commitments or obligations on behalf of
the City except to the extent expressly provided in this Agreement. All services provided by Consultant pursuant
to this Agreement shall be provided by Consultant as an independent contractor and not as an employee of the
City for any purpose, including but not limited to:income tax withholding, workers' compensation, unemployment
compensation, FICA taxes, liability for torts and eligibility for employee benefits.
11.Compliance with Laws.Consultant shall exercise due professional care to comply with applicable federal,
state and local laws, rules, ordinances and regulations in effect as of the date Consultant agrees to provide the
Services. Consultant’s guests, invitees, members, officers, officials, agents, employees, volunteers,
representatives, and subcontractors shall abide by the City’s policies prohibiting sexual harassment and tobacco,
drug, and alcohol use as defined on the City’s Tobacco, Drug, and Alcohol Policy, as well as all other reasonable
work rules, safety rules, or policies, and proceduresregulating the conduct of persons on City property, at all times
while performing duties pursuant to this Agreement. Consultant agrees and understands that a violation of any
of these policies, procedures, or rules constitutes a breach of the Agreement and sufficient grounds for immediate
termination of the Agreement by the City.
12.Entire Agreement.This Agreement, any attached exhibits, and any addenda signed by the parties shall
constitute the entire agreement between the City and Consultant, and supersedes any other written or oral
agreements between the City and Consultant. This Agreement may only be modified in a writing signed by the
City and Consultant. If there is any conflict between the terms of this Agreement and the referenced or attached
items, the terms of this Agreement shall prevail.
13.Third Party Rights.The parties to this Agreement do not intend to confer any rights under this Agreement on
any third party.
14.Choice of Law and Venue.This Agreement shall be governed by and construed in accordance with the laws of
the state of Minnesota. Any disputes, controversies, or claims arising out of this Agreement shall be heard in the
state or federal courts of Hennepin County, Minnesota, and all parties to this Agreement waive any objection to
the jurisdiction of these courts, whether based on convenience or otherwise.
15.Conflict of Interest.Consultant shall use reasonable care to avoid conflicts of interest and appearances of
impropriety in representation of the City.In the event of a conflict of interest, Consultant shall advise the City and,
either secure a waiver of the conflict, or advise the City that it will be unable to provide the requested Services.
16.Work Products and Ownership of Documents.All records, information, materials, and work product,
including, but not limited to the completed reports, data collected from or created by the City or the City’s
employees or agents, raw market data, survey data, market analysis data, and any other data, work product, or
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reports prepared or developed in connection with the provision of the Services pursuant to this Agreement shall
become the property of the City, but Consultant may retain reproductions of such records, information, materials
and work product. Regardless of when such information was provided or created, Consultant agrees that it will
not disclose for any purpose any information Consultant has obtained arising out of or related to this Agreement,
except as authorized by the City or as required by law. Notwithstanding the foregoing, nothing in this Agreement
shall grant or transfer any rights, title or interests in any intellectual property created by Consultant prior to the
effective date of this Agreement; however, to the extent Consultant generates reports or recommendations for
the City using proprietary processes or formulas, Consultant shall provide the City (1) factual support for such
reports and recommendations; (2) a detailed explanation of the method used and data relied upon to arrive at
the recommendation; and (3) a detailed explanation of the rationale behind the methodology used. All of the
obligations in this paragraph shall survive the completion or termination of this Agreement.
17.Agreement Not Exclusive.The City retains the right to hire other professional Consultant service providers for
this or other matters, in the City’s sole discretion.
18.Data Practices Act Compliance.Any and all data provided to Consultant, received from Consultant, created,
collected, received, stored, used, maintained, or disseminated by Consultant pursuant to this Agreement shall be
administered in accordance with, and is subject to the requirements of the Minnesota Government Data Practices
Act, Minnesota Statutes, Chapter 13 (the “MGDPA”).Consultant agrees to notify the City within three business days
if it receives a data request from a third party. This paragraph does not create a duty on the part of Consultant to
provide access to public data to the public if the public data are available from the City, except as required by the
terms of this Agreement.These obligations shall survive the termination or completion of this Agreement.
19.Confidentiality. Consultant understands that the City has access to, develops, and uses private, confidential,
nonpublic, and protected nonpublic information, as those terms are defined by the MGDPA, in connection with
its business (collectively, “Confidential Information”). The City has instituted policies and procedures to protect
and safeguard this Confidential Information. While working for the City under this Agreement, Consultant may
come into contact with Confidential Information. Consultant understands that the protection of Confidential
Information is required by law and is a requirement of their relationship with the City. Accordingly, Consultant
agrees as follows:
19.1 During the term of this Agreement and after the termination of Consultant’s relationship with the
City: (a) Consultant will keep secret all Confidential Information and will not directly or indirectly disclose
it to anyone outside the City; (b) Consultant will not make use of any Confidential Information for their
own purposes or for the benefit of anyone other than the City; and (c) upon termination of Consultant’s
relationship with the City, Consultant will promptly deliver to the City all memoranda, notes, records, and
other documents (and all copies thereof) constituting or relating to Confidential Information.
19.2 If Consultant breaches or threatens to breach any provisions of paragraph 19.1, the City has the
right to enforce this Agreement in any court having jurisdiction. This Agreement will be governed by and
construed in accordance with the laws of the State of Minnesota.
19.3 This Agreement is not intended to prevent Consultant from working for any employer subsequent
to the termination of their relationship with the City, as long as Consultant does not use or disclose
Confidential Information.
20.No Discrimination.Consultant agrees not to discriminate in providing products and services under this Agreement
on the basis of race, color, sex, creed, national origin, disability, age, sexual orientation, gender, gender identity,
gender expression, status with regard to public assistance, or religion.Violation of any part of this provision may lead
to immediate termination of this Agreement. Consultant agrees to comply with the Americans with Disabilities Act
as amended (“ADA”), section 504 of the Rehabilitation Act of 1973, and the Minnesota Human Rights Act,
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Minnesota Statutes, Chapter 363A. Consultant agrees to hold harmless and indemnify the City from costs,
including but not limited to damages, attorneys’ fees and staff time, in any action or proceeding brought alleging
a violation of these laws by Consultant or its guests, invitees, members, officers, officials, agents, employees,
volunteers, representatives and subcontractors. Upon request, Consultant shall provide accommodation to allow
individuals with disabilities to participate in all Services under this Agreement. Consultant agrees to utilize itsown
auxiliary aid or service in order to comply with ADA requirements for effective communication with individuals
with disabilities.
21.Waiver.No waiver of any provision or of any breach of this Agreement shall constitute a waiver of any other
provisions or any other or further breach, and no such waiver shall be effective unless made in writing and signed
by an authorized representative of the party to be charged with such a waiver.
22.Headings.The headings contained in this Agreement have been inserted for convenience of reference only
and shall in no way define, limit or affect the scope and intent of this Agreement.
23.Publicity.At the City’s request, the City and Consultant shall develop language to use when discussing the
Services. Consultant agrees that Consultant shall not release any publicity regarding the Services or the subject
matter of this Agreement without prior consent from the City. Consultant shallnot use the City’s logo or state that
the City endorses its services without the City’s advanced written approval.
24.Severability.In the event that any provision of this Agreement shall be illegal or otherwise unenforceable,
such provision shall be severed, and the balance of the Agreement shall continue in full force and effect.
25.Signatory.Each person executing this Agreement (“Signatory”) represents and warrants that they are duly
authorized to sign on behalf of their respective organization. In the event Consultant did not authorize the
Signatory to sign on its behalf, the Signatory agrees to assume responsibility for the duties and liability of
Consultant, described in this Agreement, personally.
26.Counterparts and Electronic Signatures.This Agreement may be executed in two or more counterparts, each
of which shall be deemed an original, but all of which taken together shall constitute one and the same instrument.
This Agreement may be transmitted by electronic mail in portable document format (“pdf”) and signatures
appearing on electronic mail instruments shall be treated as original signatures.
27.Recitals.The City and Consultant agree that the Recitals are true and correct and are fully incorporated into
this Agreement.
IN WITNESS WHEREOF, the City and Consultant have caused this Professional Services Agreement to be
executed by their duly authorized representatives in duplicate on the respective dates indicated below.
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CONSULTANT CITY OF GOLDEN VALLEY:
By: _________________________________
Erin Perdu, AICP, Principal
By: _________________________________
Roslyn Harmon, Mayor
By: _________________________________
Noah Schuchman, City Manager
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EXHIBIT A – SCOPE OF SERVICES
Note that dates will need to be updated based on City Council approval of contract and Staff availability.
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EXHIBIT B – FEE SCHEDULE
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City of Golden Valley Sign Code Update 1
RESPONSE TO REQUEST FOR PROPOSALS FOR
Sign Code Update
City of Golden Valley
JANUARY 24, 2025
Stantec Consulting Services Inc.
733 Marquette Avenue Suite 1000
Minneapolis, MN 55402
Erin Perdu, AICP
Project Manager
612-712-2006 | erin.perdu@stantec.com
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City of Golden Valley Sign Code UpdateStantec 32
January 24, 2025
Attn: Emily Goellner
Community and Economic Development Director
City of Golden Valley
egoellner@goldenvalleymn.gov
RE: City of Golden Valley Sign Code Update
Dear Emily,
I am pleased to submit the enclosed proposal for professional services to update the City of Golden Valley’s Sign Code.
Stantec’s Midwest Planning Group is a well-rounded team of experts. Not only do we bring experience working with
communities on zoning re-writes like these, but our team also includes public sector experience in applying and
administering ordinances. Thus, we know what it takes to write code language that is clear, concise, and easy to interpret.
We care about the communities we serve—because they are our communities too. This allows us to assess what is needed
and connect it to our expertise, appreciate nuances and envision what’s never been considered, and bring together diverse
perspectives so we can collaborate toward a shared success. Everywhere we work—in cities and suburbs alike—economic
shifts and demographic trends are creating a community renaissance. Our clients tell us they need a new approach to the
challenges they face—one that is integrated—and our Stantec team provides just that. Bringing together experts across a
wide range of disciplines to collaborate in helping communities across the globe chart a path to increased livability, equity,
and sustainability.
We understand that zoning regulations are the cause of significant harms to many communities across the country. Our
approach to revising these codes includes taking a critical eye toward the disparate impacts regulations can have on
typically disadvantaged communities and businesses. We are passionate about undoing past harms created by zoning and
increasing access to opportunity for all.
Our team brings both national expertise and knowledge of the local context to Golden Valley. Our experience has shown us
the importance of adapting what we have learned from other communities to every zoning project we work on. We
understand that every city is different, and no one-size-fits-all solution exists. However, cities and neighborhoods do face
similar issues. Because of our vast experience, we bring a deep understanding of trends in planning and zoning to this
project. However, we also understand that a trend does not necessarily equal a best practice for Golden Valley. As your
partner in new code language, our challenge is to apply our knowledge of best planning practices in a way adapted to work
within your local context.
Stantec has completed zoning ordinance work for clients throughout North America and beyond, from updates to specific
sections (signs, parking, cannabis and more) to complete rewrites and form-based codes. We also work with our land
development group, supporting zoning reviews for private developers; this work gives us not only the public sector
perspective on zoning codes, but a unique understanding on how they work for businesses and developers. In addition to
our local team of planners, Stantec offers a “deep bench” of experts worldwide. This means that we have a wide network of
planners to call upon as specific issues and needs arise; we always have someone who has creative solutions to unique
local issues.
A sampling of recent projects includes:
• Unified Development Ordinance | Holly Springs, NC - Official Website
• Valdez Title 17 - Zoning
• Burnsville : Heart of the City TOD District
• Fort-Wayne-Downtown-Design-Manual---Effective-January-2024 and Riverfront Overlay District (157.410)
Stantec Consulting Services Inc.
733 Marquette Avenue Suite 1000 Minneapolis, MN 55402
This project will be led by Principal and Planning Group Leader Erin Perdu, AICP. Erin brings 27 years of experience with
zoning in both the public (municipal) and private (consulting) sectors. Erin has served as the project manager and lead
planner on comprehensive plans, zoning ordinances and small area studies in communities large and small, urban and rural.
She works under the philosophy of “planner as partner,” helping residents and community leaders articulate their vision, and
providing customized tools to realize that vision. Erin is passionate about correcting the racist history of zoning through
reforms that increase access to housing and opportunities for all.
Erin’s zoning work includes Form Based Codes (Burnsville, MN, Annapolis, MD, Ypsilanti, MI), complete ordinance rewrites
(Mandan, ND, Valdez, AK, Homer, AK – in progress, Holly Springs, NC), and targeted zoning updates for specific code
sections.
Erin will be supported in this project by Kristin Baldonado, AICP and Kribashini Moorthy, AICP-Candidate. Kristin and Erin
have worked together on several zoning ordinance updates, including most recently Valdez and Homer, Alaska. Kristin has
also worked as a contract city planner and code enforcement officer for several Twin Cities municipalities. Kristin brings
both an urban design perspective and knowledge of zoning interpretation and enforcement to her work. Kribashini will
support the team with comparable cities research, mapping and graphics.
Sincerely,
STANTEC CONSULTING SERVICES INC.
Erin Perdu, AICP
Project Manager
612-712-2006 | erin.perdu@stantec.com
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City of Golden Valley Sign Code UpdateStantec 54
ERIN PERDU
AICP
Erin leads our Midwest Planning Group and is a Senior Urban Planner with almost
three decades of professional planning experience in both the public and private
sectors. She has spent her planning career providing professional leadership in
various communities across the country and through the American Planning
Association.
Her work has spanned the public and private sectors. The overriding theme of her
work is providing innovative solutions and best practices adapted to communities
of all sizes
Erin has worked as a staff planner and Community Development Director for
multiple municipalities and served as the project manager and lead planner on
Comprehensive Plans, zoning ordinances, and small area studies. This means
that she has intimate knowledge of all levels of planning to ensure that her plans
and ordinances are grounded in the reality of administration and implementation
RELEVANT EXPERIENCE
Zoning Code Revision | Valdez, Alaska | 2022-2023 | Lead Planner
Erin served as lead planner for the new zoning ordinance for City of Valdez that
aligns with their recently adopted comprehensive plan., Erin worked with the city
to create goals for the new code that included: Accommodate/encourage mixed
use development. Remove unnecessary regulations. Recognize that Valdez is
a “winter city” and accommodating snow removal and storage. Accommodate
more types of housing, in more places. Update and consolidate land uses.
Balance the desire for a more walkable community with the needs of freight
traffic and the high percentage of residents who drive. The new ordinance is an
example of aggressive zoning reform that is pragmatic in this unique city.
Unified Development Ordinance | Town of Holly Springs, NC | 2021-2022 |
Project Manager
Erin served as project manager and lead author of a new Unified Development
Ordinance which included zoning and subdivision regulations. The new code
was designed to be heavily graphic, easy to use, and greatly streamlined from the
previous version. Erin and the Stantec team drafted regulations in line with the
Town’s recently adopted Land Use and Character Plan, including: districts that
allowed a wider variety of housing types; increased densities in several districts;
site design standards that ensure mixed use is developed with pedestrians and
quality-of-life in mind.
Downtown Design Standards and Riverfront Overlay District | Fort Wayne,
Indiana | 2022-2023 | Lead Zoning Specialist
Erin served as lead zoning specialist working with the City of Fort Wayne to
create design standards for two downtown zoning districts, the Downtown Core
and Downtown Edge. She also created a new district, the Riverfront Overlay, to
craft development along what is one of the city’s most unique features. Erin has
crafted ordinance language that addresses opportunities to increase the quality
of infill and redevelopment downtown. New language includes revised building
design elements, parking, and active outdoor spaces. The Riverfront Overlay is
written to protect views both to and from the river using building step backs and
pedestrian connections.
Transit-Oriented Development District* | City of Burnsville | Burnsville,
Minnesota
Erin was the Project Manager and the lead author of a new zoning district for
Transit Oriented Development in preparation for a Bus Rapid Transit line coming
to the City of Burnsville. The new district expands on the Heart of the City area
and is designed with more flexibility in the use of new and existing buildings.
The ordinance is highly illustrative and presents regulations in an easy-to-use
format so that property owners and developers know exactly what is expected.
A streamlined development review process was designed into the ordinance
procedures to encourage development that conforms to the City’s vision for the
area.
*completed prior to Stantec
EDUCATION
Master of Urban and Regional Planning
+ Master of Science, Natural Resources,
University of Michigan
Bachelor of Science, Earth Systems, Stanford
University
CERTIFICATIONS
FBCI Certification
NCI Charrette System Certified
MEMBERSHIPS
American Planning Association (Minnesota)
American Institute of Certified Planners
PRINCIPAL+ PLANNING GROUP LEADER
KRISTIN BALDONADO
AICP
Kristin is an urban planner with a passion for advancing policies, plans, and
regulations that foster low-carbon living in pedestrian-oriented, inclusive, and
mixed-use environments. Her ability to think across scales is showcased in her
experience working on city-wide comprehensive plans and zoning codes down to
neighborhood projects. Kristin’s skill set includes geospatial data analysis, land
use planning and analysis, market analysis, housing development strategy, and
urban design.
RELEVANT EXPERIENCE
Holly Springs Unified Development Ordinance | Town of Holly Springs | Town of
Holly Springs, NC
Kristin supported delivery of a newly combined zoning and subdivision
regulations to be in line with the Town’s recently adopted Land Use and Character
Plan. The ordinance reduces barriers to housing diversity, density, and mixed land
uses, while encouraging pedestrian-oriented site design. The extensive graphics
work throughout the document was led by Kristin.
Frederick Form Based Code | Frederick, Virginia
Kristin participated in a 3-day community charrette, where she led a group of
community participants through a visioning exercise.
Zoning Ordinance Update * | Austin, Minnesota
Kristin supported all project tasks including diagnosing the original zoning
ordinance, leading online engagement initiatives, and delivering a modern,
accessible, and implementable code to better align with city goals.
Zoning Ordinance Update* | City of North St. Paul | North St. Paul, Minnesota |
2020-2021
Kristin assisted with zoning ordinance updates for the City of North St. Paul. A big
focus has been on clarity, efficiency, and organization, such as upgrading the use
table, so the code is easier to read. In a creative way to solicit feedback from the
planning commission, Kristin put together a worksheet that simplified residential
parking concepts and provided direction for updates to the parking ordinance.
Additionally, she completed a GIS analysis to better understand existing
conditions for lot size updates.
Zoning Code Revision | City of Valdez | Valdez, Alaska, United States | Urban
Planner
Kristin supported a new simplified and forward-thinking zoning code for Valdez.
She led the zoning map update, including a residential lot size analysis in GIS to
minimize nonconformities, as well as the streamlining of the definitions and use
table. Kristin and the Stantec team successfully addressed many issues unique
to the Valdez community, such as snow storage and temporary worker housing.
Zoning Administration* | City of Burnsville | Burnsville, Minnesota | 2019-2021
Kristin provided zoning administration for the City of Burnsville and its over
60,000 residents. She focused on code enforcement and helped residents
navigate all aspects of the city code, often working one-on-one with residents and
property owners to create cooperative solutions to bring them into compliance.
*completed prior to Stantec
EDUCATION
Master of Urban Planning, San Jose State
Bachelor of Arts, Environmental Studies;
Geography, Gustavus Adolphus College
CERTIFICATIONS
American Planning Association (Minnesota)
URBAN PLANNER
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City of Golden Valley Sign Code UpdateStantec 76
PHASE 3: CODE DRAFT
Task 3.1: Draft Code. Based on the diagnosis in Phase 2, as
well as public input, Stantec will create an initial draft of the
sign code. The new code will utilize graphics to illustrate
complex concepts rather than lengthy text. We will
consolidate regulation into tables as much as possible,
making the ordinance easy to navigate.
Task 3.2: Equity Analysis. Similar to task 1.1, we will assess
the draft code for burdens and benefits on businesses, uses,
and geographic areas.
Task 3.3: Revisions. Based on feedback from City staff, we
will prepare a revised draft for review with the Planning
Commission and the public.
PHASE 4: FINAL CODE
Based upon feedback from the Planning Commission and
the public, Stantec will prepare a final draft of the sign code
for adoption. The code will be delivered to the City in an
editable format (Word document) with images and
illustrations provided in their native format.
Our approach to Golden Valley’s sign code update is
pragmatic, efficient, and yet collaborative. We will engage
the public and targeted stakeholders, such as business
owners, at the right times so that their input can be most
helpful. Our recommendations will be grounded in national
best practices, up-to-date case law, and the realities of the
market.
PHASE 1: KICK OFF AND PUBLIC OUTREACH STRATEGY
Task 1.1: Kick-off meeting. Stantec will facilitate a kick-off
meeting with City staff to review the goals, scope, and
timeline for the project. At this meeting we will confirm roles,
cadence of check-ins, and desired communication methods.
Task 1.2: Outreach Strategy. At the outset of the project,
we will develop an outreach strategy that includes a variety
of stakeholders and methods. At a minimum, the strategy
will include the following:
PHASE 2: DIAGNOSIS
Task 2.1: Equity Analysis. Our audit of your current sign
code will begin with analysis of the effects of the current
code on certain types of businesses, uses, and geographic
areas. Disparate impacts will be highlighted as areas of
focus for change.
Task 2.2: Communication Materials. Stantec will develop
communication materials for digital and hard copy
distribution.
Task 2.3: Staff Listening Session. The team will host a
listening session with City staff to understand challenges in
code implementation, real life application, and intended
outcomes.
Task 2.4: Project Website. Stantec will create material for
publication on a dedicated web page for the project. It is
assumed that City communications staff will post materials
provided by Stantec.
Task 2.5: Stakeholder Listening Session. The team will
next host a listening session with key business and
commercial property owners. The focus will be on
understanding existing concerns or constraints faced by the
existing code, as well as trends and technologies in the sign
industry.
Task 2.6: Case Law and Legal Constraints. Stantec will
outline the most current legal framework for regulating signs
using applicable state and federal case law and statutes.
Task 2.7: Comparable Communities. Stantec will review the
codes of neighboring, comparable communities and
compare key regulations with Golden Valley’s sign code.
Task 2.8: Planning Commission Meeting. Our team will
meet with the Planning Commission to share the initial
findings of the code diagnosis, hear known issues, and
discuss potential solutions.
Task 2.9: Audit Document. Stantec will provide a code audit
that includes themes from the listening sessions, equity
analysis, legal constraints, and overall review of the code for
the following:
METHODOLOGY
• Commercial Users – two meetings with
commercial users, including businesses, sign
companies, and commercial property owners,
one initial listening session and one meeting to
review the draft code.
• General Public – engagement materials and
opportunities that educate the public on the
benefits of the sign code update. Engagement
with the public will be targeted to those that have
expressed interest in the topic, and via largely
online methods.
• Online Presence – we will work with City staff to
provide content for a webpage devoted to the
sign code revision.
• Communication Materials – both digital and
print materials (to be printed by the City) that are
concise (maximum one page each) and
illustrative that explain the project and proposed
changes to the general public. Materials will be
suitable for posting on the project website,
distribution via email or digital newsletters, on
social media, and printed handouts.
• Planning Commission – two meetings with the
Planning Commission to discuss known issues
with the sign code, proposed solutions, and the
draft code itself. The timing of these meetings
will be finalized with City staff during the kick-off
meeting.
• Reasonableness of size requirements
• Reasonable regulation of cannabis, tobacco, and
alcohol-related signage
• Wall sign, size, type and materials
• Ease of administration
• Aesthetic and public safety outcomes
• Compatibility with industry best practices
123
Golden Valley - Sign Code Update
Client:City of Golden Valley
PM:Erin Perdu
PIR:Dan Lavender
Note: Week ending date is a Friday. Working Days: Monday, Tuesday, Wednesday, Thursday, Friday
Task Code Task Name Start Date End Date 2025-02-212025-02-282025-03-072025-03-142025-03-212025-03-282025-04-042025-04-112025-04-182025-04-252025-05-022025-05-092025-05-162025-05-232025-05-302025-06-062025-06-132025-06-201 Kick Off and Outreach Strategy 2025-03-04 2025-03-14
1.1 Kick Off Meeting 2025-03-04 2025-03-14
1.2 Outreach Strategy 2025-03-04 2025-03-14
2 Diagnosis 2025-03-04 2025-04-13
2.1 Equity Analysis 2025-03-04 2025-03-21
2.2 Communication Materials 2025-03-15 2025-03-29
2.3 Staff Listening Session 2025-03-15 2025-03-29
2.4 Project Website 2025-03-15 2025-03-29
2.5 Stakeholder Listening Session 2025-03-30 2025-04-13
2.6 Legal Constraints 2025-03-04 2025-03-21
2.7 Comparable Communities 2025-03-04 2025-03-21
2.8 Planning Commission Meeting 2025-03-21 2025-04-04
2.9 Audit Document 2025-03-15 2025-04-13
3 Code Draft 2025-04-15 2025-05-14
3.1 Draft Code 2025-04-15 2025-05-14
3.2 Equity Analysis and Public Outreach 2025-04-15 2025-05-14
3.3 Revisions 2025-05-06 2025-05-14
4 Final Code 2025-05-29 2025-06-14
124
Project Manager Urban Planner Urban Planner Name Perdu, Erin Baldonado, Kristin Narayana Moorthy,
Kribashini Project Summary Hours Labor Total
Project Billing Rate (T&M) $214.00 $176.00 $152.00 Fixed Fee 259.00 $45,000.00 $45,000.00
Total Units 82.00 107.00 76.00 Time & Material 0.00 $0.00 $0.00
Fee (T&M) $0.00 $0.00 $0.00 Total 259.00 $45,000.00 $45,000.00
Task Code Task Name Units Task Type Hours Labor Total
1 Kick Off and Outreach Strategy 5.00 5.00 4.00 Fixed Fee 14.00 $2,500.00 $2,500.00
1.1 Kick Off Meeting 3.00 3.00 2.00 Fixed Fee 8.00 $1,500.00 $1,500.00
1.2 Outreach Strategy 2.00 2.00 2.00 Fixed Fee 6.00 $1,000.00 $1,000.00
2 Diagnosis 23.00 42.00 44.00 Fixed Fee 109.00 $18,150.00 $18,150.00
2.1 Equity Analysis 4.00 8.00 8.00 Fixed Fee 20.00 $2,500.00 $2,500.00
2.2 Communication Materials 8.00 8.00 Fixed Fee 16.00 $2,500.00 $2,500.00
2.3 Staff Listening Session 2.00 2.00 4.00 Fixed Fee 8.00 $1,400.00 $1,400.00
2.4 Materials for Project Website 1.00 4.00 8.00 Fixed Fee 13.00 $2,000.00 $2,000.00
2.5 Stakeholder Listening Session 2.00 4.00 4.00 Fixed Fee 10.00 $1,750.00 $1,750.00
2.6 Legal Constraints 4.00 2.00 4.00 Fixed Fee 10.00 $1,800.00 $1,800.00
2.7 Comparable Communities 2.00 2.00 8.00 Fixed Fee 12.00 $2,000.00 $2,000.00
2.8 Planning Commission Meeting 4.00 4.00 Fixed Fee 8.00 $1,500.00 $1,500.00
2.9 Audit Document 4.00 8.00 Fixed Fee 12.00 $2,700.00 $2,700.00
3 Code Draft 38.00 44.00 26.00 Fixed Fee 108.00 $19,150.00 $19,150.00
3.1 Draft Code 24.00 24.00 8.00 Fixed Fee 56.00 $13,000.00 $13,000.00
3.2 Equity Analysis and Public Outreach 10.00 10.00 10.00 Fixed Fee 10.00 $2,000.00 $3,650.00
3.3 Revisions 8.00 8.00 2.00 Fixed Fee 18.00 $2,500.00 $2,500.00
4 Final Code 12.00 12.00 4.00 Fixed Fee 28.00 $5,200.00 $5,200.00
FEE ESTIMATE -Sign Code Update
125
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126
EXECUTIVE SUMMARY
Community Development
763-512-2345 / 763-512-2344 (fax)
Golden Valley City Council Meeting
March 4, 2025
Agenda Item
3E. Approve the 2025 Public Land Inventory Report
Prepared By
Christine Costello, Housing & Economic Development Manager
Heather Hegi, GIS Specialist
Summary
The City of Golden Valley is a founding member of the Just Deeds Coalition and is committed to
acknowledging the pervasive history of legal and systematic housing discrimination for Black,
Indigenous, Asian, Latinx, and Jewish people through discriminatory covenants and redlining. Previous
Golden Valley City Councils and Planning Commissions endorsed these practices and created a housing
ecosystem that restricted the potential for affordable housing and racially segregated the city.
The City of Golden Valley recognizes that it has severely under-supplied mixed income housing
options, both in regard to rental and ownership housing. The shortage of housing is not only damaging
to the economic prosperity of the city and surrounding region, but actively restricts certain households
from choosing to live in Golden Valley. In addition, high housing costs contribute to both the historical
and ongoing disparities in homeownership rates within the city.
In recognition of the shortage of inclusive housing, the City of Golden Valley encourages the use of
vacant, unused parcels of land located within and owned by the City or the HRA for the development
of mixed income housing. It is the City's intent to identify and catalog real property owned by the City
and HRA that is no longer required for its purpose or non-essential to local government operations and
is or may be suitable for the development of inclusive housing for all households.
In 2024, the City purchased the following properties from MnDOT for the HOPE program:
504 Lilac Drive
1611 Lilac Drive
5325 Greenview Avenue (formerly 2009 Unity Avenue)
There are no additional proposed additions or changes at this time. Future updates to the land
inventory will be reflected in the 2026 Land Inventory Report.
Financial or Budget Considerations
The Public Land Inventory Report seeks to improve the efficiency and transparency of public land
management.
127
Legal Considerations
This report does not require legal review.
Equity Considerations
The Public Land Disposition ordinance can help to eliminate biases in the handling of public lands
when considering disposition and was written to emphasize the potential benefit to the City's
affordable housing stock.
Recommended Action
Motion to approve the 2025 Public Land Inventory Report.
Supporting Documents
2025 City Owned Real Property Map 2025
2025 Property Not Owned In Fee Map
2025 Public Land Inventory Table
128
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City Owned Real Property
Disposition Plan
Preserve as public property (84)
Transfer to adjacent owner (12)
Possible development potential (9)
Print Date: 2/27/2025Sources: Hennepin County Surveyors Office for Property Lines (2025). City of Golden Valley for all other layers.I
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Hampshire Pond
DecolaPond A
NorthRicePond
West RingPond
Cortlawn Pond
DecolaPonds B & C
Westwood Lake
SchaperPond
SouthRicePond
East RingPond Bassett CreekDecolaPondE
DecolaPond F
BreckPond
NatchezPond
MinnaquaPond
WirthPond
Toledo/AngeloPond
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Hidden LakesPond 1
Pond 2A
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Pond 3
Schaper BallfieldPond
Pond O
Pond J
Spirit of Hope Church Pond
GoldenRidgePond
Golden Meadows Pond
SoccerFieldPond
WestPond
HaroldPond
Medicine Lake Road Pond
Xenia MitigationPond
10th AvePond
SpringPond
Briar-woodPond
LaurelHills Pond
JFB NWPond
LogisPond
BrownieLake
BirchPond
MinnaquaWetland
GrimesPondBassett CreekPark Pond
SweeneyLakeBranchPond M
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Dover HillPondLiberty BasinS w e e n e y L akeBranchBrookviewGolf Course
LionsPark
WesleyPark
Sochacki Park
SchaperPark
ScheidParkHampshirePark
MedleyPark
Briarwood
Laurel Avenue Greenbelt
Glenview TerracePark
North TyrolPark
Western AvenueMarsh
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GeartyPark
Sandburg AthleticFacility
NatchezPark
ValleyView ParkPennsylvaniaWoods
BassettCreekNature Area
WildwoodPark
IsaacsonPark
SouthTyrol Park
SeemanPark
AdelineNature Area
YosemitePark
StockmanPark
Golden OaksPark
St CroixPark
LakeviewPark
SweeneyPark
Perpich CenterBall Fields
Ronald B. Davis Community Center
Brookview Park
Westwood HillsNature Center (SLP)
(MPRB)
Theodore WirthRegional Park
Eloise Butler WildflowerGarden and Bird Sanctuary
Wirth LakeBeach
Golden RidgeNature Area
General Mills NaturePreserve
General Mills ResearchNature Area
BooneOpenSpace
GoldenHillsPond
MadisonPond
SouthTyrolPond
LibraryHill
IdahoWetland
GeorgiaOpen Space
ArdmoreNorth&SouthPonds
JanalynPond
MeadowPond
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OrklaOpenSpace
PicnicPavilion
Chalet
SochackiPark (Three Rivers Park Dist.)
Bassett Valley Open Space
ByrdBluffOpenSpace
→
FishingDock
PaisleyPark
XeniaOpenSpace
DahlbergOpenSpace
Minnaqua Greenbelt
(TRPD)
(Mpls Park & Rec Board)
Plymouth Avenue The Trailhead
456766
456770
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456740
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34th Ave N
Medicine Lake Rd
BroggerCir Knoll St Lilac Dr NLilac Dr NThotland Rd
Mendelssohn Ave NWinnetka Ave NSunnyridgeCir
Western Ave (WaterfordDr)Hillsboro Ave NZealandAve
N
Aquila Ave NOrkla DrWisconsin Ave N23rd Ave N
KalternLn
Wynnwood Rd
25th Ave N
Bies DrJonellen Ln
Sumter Ave NRhodeIslandAveNP atsy Ln Valders Ave NWinnetka Ave NDuluth St Florida Ave NSandburg Rd HeritageCirKentley Ave
Wynnwood Rd
Kenneth Way
Unity Ave NB a s s e ttC r e e k D rQuailAveNScott Ave NLilac Dr NLowry Ter
33rd Ave N
Noble Ave NCross LnQuail Ave NScott Ave NRegent Ave NToledo Ave NIndiana Ave N(BridgewaterRd)(WaterfordCt)(Hid
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Unity Ave NPhoenix St
Parkview TerWelcomeAveNWelcomeC ir
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NLindsay St
St Croix Ave N
St Croix Ave N
Yosemite Ave NWolfberryLnBrunswick Ave NCounty Rd 102Westmore Way
Green Valley Rd
Louisiana Ave NKelly DrMaryland Ave NOlympia St
Winsdale St
Winnetka Ave NYukon CtWesleyDr Wesley Dr
Plymouth Ave N
10th Ave N
Kelly DrVarner CirPennsylvania Ave NFaribault StQuebec Ave NRhode Island Ave NPhoenix St
Knoll St
County Rd 156Jersey Ave NCountryClubDr
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Hampshire Ave NWestch esterCirJersey Ave NGardenParkQuebe
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SWinnetka Ave NWally St
Ensign Ave N7th Ave N
Golden Valley Rd Decatur Ave N10th Ave N
Natchez Ave NXerxes Ave N (Mpls)Olson Memorial Hwy
Cutacross Rd
Olson Memorial Hwy
Earl St
Flag Ave NHampshire
LnJersey Ave NFloridaAveNEdgewoodAve NDouglas DrDuluth Ln
Scott Ave N
Drake Rd
Lowry Ter Kyle Ave NQuail Ave NPerry Ave NNoble Ave NCulver Rd
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Merribee Dr Kyle Ave NHampton RdOrchard Ave NMarie Ln E
Lee Ave NKyle Ave NDresde
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Frontenac Ave Quail Ave NSt Croix Ave N
Winsdale St StCroixCirAngelo DrUnity Ave NAlfred Rd Spring Valley RdN
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Idaho Ave NOlympia StHampshire Ave NArcher Ave NKelly DrPennsylvania Ave NDuluth St Xylon Ave NWisconsin Ave NSumter Ave NBoone Ave NWinsdale St
Meadow Ln N
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Natchez Ave NEdgewood Ave NK i n g s t o n C i r
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Country Club DrValdersAveNOrkla DrElgin PlDecaturAveN
Indiana Ave NRoanoke CirWestern Ave Western Ave
Harold Ave
Loring Ln
WestwoodDrNArdmoreDrWinsdale St
Knoll St
Oak Grove CirDuluth St Zane Ave NDouglas Dr27th Ave N
Bonnie
Ln
Medicine Lake Rd
Madison Ave W
Nevada Ave NLouisiana Ave NCounty Rd 70
ValdersAve NValders Ave N23rd Ave N Rhode IslandAve NCounty Rd 156Medicine Lake Rd
Mendelssohn Ave NWinsdale St
St Croix Ave N June Ave NLegend DrLegendLn
General Mills BlvdBoone Ave NSunnyridge LnGlenwood Ave
Janalyn CirJanalyn CirGlencrest Rd Meadow Ln SWayzata BlvdWestwood Dr SWestwoodLn
StrawberryLnOttawa Ave NOttawa Ave SNatchez Ave S Tyrol Crest
SussexRdJune Ave SWayzata Blvd
FairlawnWayNatchez Ave SOttawa Ave SPrincetonAve SDouglas Ave
Circle DownTurners Crossroad SGolden Hills Dr
Laurel AveLaurel Ave
Hampshire Ave SDakota Ave SBrunswick Ave SKing Hill RdGlenwood Ave
Colonial Dr
Medicine Lake Rd
FloridaAveSAlley
Market StMarket St
Louisiana Ave SLaurel AvePennsylvania Ave SRhode Island Ave SSumter Ave SUtah Ave SGregory Rd
VermontAve SWi
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Lilac Dr NG old en V alley R d
Lilac Dr N(WoodlandTrail)(Wat.Dr)
BassettCreek Ln
(NobleDr)France Ave S (Mpls)N Frontage Rd
S Frontage Rd Olson Mem HwyAdair Ave NAdair Ave NWestbrookRd
34th Ave N
Mendelssohn Ave NAlley-Unimproved--Unimproved-
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Wayzata BlvdBoone Ave NG o ld e n
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23 r d Ave N
Medle y L n
(Medley Rd)
(Medley C ir)H illsboroAveN(English Cir
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H w y 3 9 4
Hwy 394 Hwy 394
Hwy 394 Hwy 394ColoradoAve NHwy169Hwy169Hwy169Hwy169Hwy169Colorado Ave SGoldenHills DrPaisleyLnPaisleyLn
I-394NFrontageRd I -3 9 4 N Frontage Rd
WayzataBlvd
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Hwy 55
Hwy 55
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County Rd 40
County Rd 40 Glenwood A v e
CountyR d 4 0
CountyRd40
GoldenValley R d
C o u n ty Rd 66ManchesterDr
County Rd 156OregonAveS24th Ave N
LilacDrNRoanokeRdLouisianaAveN
Turnpike RdLilacLoop (Sunnyridge Ln)WisconsinAveN
GettysburgCt(Laurel Pt)
(Laure lCurv)Independence Ave NGettysburg Ave NFlag Ave NWheelerBlvdAlleyNaper St
B e tty CrockerDr Decatur Ave N(WesleyCommonsDr)Winnetka Ave S Winnetka Ave SHanley RdBrookviewPkwySWayzataBlvd
I-394 S Front a g e R d
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Independence Ave NHillsboro Ave NGettysburg Ave NPassG reenwayP3
52
58
38
117
104
108109107
99
123
100
124
110
118
125
112
101
126
103
115
98
120
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128
121
143
144
146
P61
P5
P35
P3
P31
P6
P34B
P9A
P4
P12
P15
P33
P14
P73
P62
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6664
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132 133
95
91
Property Not Owned In Fee
Turnbacks and Unimproved ROW
Disposition Plan
Preserve as park/open space (30)
Transfer to adjacent owner (34)
Possible development potential (3)
Possible development potential, MnDOTConveyance Property (1)
Print Date: 2/27/2025Sources: Hennepin County Surveyors Office for Property Lines (2025). City of Golden Valley for all other layers.I
130
Map ID Real Property Address Type Subtype Name/Description Area (acres) Area (sqft) Maintained Primary Land Cover Comments Recommendation Tax Forfeit Tax Forfeit Use/Purpose yrflood OWNERSHIP Maintenance Responsibility Parcel ID11 - Yes 1805 Hillsboro Ave N Other Open Space 0.05 2,283 Yes Road Keep as Open Space (ROW) No Out City City21 - Yes Other Open Space 0.001501 65.381906 Yes Turf Adjacent Owner maintian. Sliver of land. Transfer Yes Street and Utility R/W Out City City31 - Yes Other Open Space 0.009118 397.196826 No Trees Sliver of land. Transfer only if this additional r.o.w. is not needed. Transfer Yes Street and Utility R/W Out City City41 - Yes 1313 Flag Ave N Other Open Space 0.54 23,381 No Trees3 parcels off Flag Ave N. Steep slope present. Original recommendation was develop, but slope and drainage hinder development. Keep as Open Space Yes Street Utilities, Park, Public Access, and Open Space Out City City51 - Yes 8901 Plymouth Avenue North Other Open Space Plymouth Avenue Open Space 2.72 118,494 No Trees Keep as Open Space No Out City City 311182121000771 - Yes 1251 Orkla Drive Other Open Space Orkla Open Space 1.57 68,287 Yes Turf Turf maintained by city weekly. Keep as Open Space No Out City City 311182111006281 - Yes Other Open Space 0.06 2,709 No VegetationTransfer and retain esmt or continue to hold tax forfeit property. Has wetland and storm pipe present. Transfer Yes Utility Out City City91 - Yes 710 Boone Avenue North Other Open Space Boone Open Space 2.12 92,159 Yes Vegetative Buffer Underground Utilities Keep as Open Space No 100yr City City 3111821130008111 - Yes Other Open Space 0.11 4,825 Yes Turf Adjacent Owner maintain. Sliver of land. Transfer Yes Utility R/W Out City City121 - Yes 7100 Sandburg Road Other Open Space Madison Pond 0.87 37,925 Yes Vegetative Buffer Keep as Open Space No Out City City 2911821120029131 - Yes Other Open Space 0.26 11,280 No Trees Underground Utilities present. Need to retain esmts if transfer. Transfer Yes Street and Sewer Purposes Out City City141 - Yes Other Open Space 0.11 4,815 Yes Turf Adjacent Owner maintain. Transfer No Out City City161 - Yes 6300 WINSDALE ST Other Open Space 0.33 28,522 Yes Turf used for stormwater, not buildable or sellable Keep as Open Space No Ponding Area Out City City 2911821440032171 - Yes 950 Winnetka Avenue North Other Open Space Library Hill 0.87 37,823 Yes TurfTurf maintained by city about ever other week, streetscape, underground utilities Keep as Open Space No 100yr City City 3211821230180181 - Yes Other Open Space 0.04 1,939 No Water Feature Bassett Creek channel Keep as Open Space Yes Drainage 100yr City City191 - Yes Other Open Space 0.05 2,223 No TreesUnderground Utilities and easements present. We have to hang on to these properties because the deed has a right of reverter to the state. Keep as Open Space Yes Out City City201 - Yes Other Open Space 0.01 284 No TreesSliver of land. Easements present. We have to hang on to these properties because the deed has a right of reverter to the state. Keep as Open Space Yes Ponding Out City City211 - Yes 7831 Olson Memorial Hwy Other Open Space 0.62 26,813 No Trees Develop No Out City City221 - Yes Other Open Space 0.41 17,852 Yes Water FeatureTurf near road maintained by city 2-3 times a year, remainder is road and pond, Underground Utilities Keep as Open Space No Out City Private231 - Yes 300 Idaho Avenue North Other Open Space Idaho Wetland 2.02 88,165 No Water Feature Keep as Open Space Yes Drainage Out City City 3211821430075241 - Yes 200 Georgia Avenue North Other Open Space Georgia Open Space 0.84 36,480 Yes Water FeatureTurf portion mowed about every other week. The rest is a wetland with cattails. Keep as Open Space No Out City City 3211821440031251 - Yes 40 Hampshire Ave N Other Open Space 0.36 15,842 No Water Feature Keep as Open Space No Out City City281 - Yes 6075 Golden Hills Drive Other Open Space Golden Hills Pond 1.68 73,274 Yes Vegetative Buffer Keep as Open Space No Out City Private 411721230056291 - Yes 300 Xenia Avenue South Other Open Space Xenia Open Space 4.97 216,569 Yes Vegetative Buffer Keep as Open Space No Out City City 411721210037301 - Yes 1201 Turners Crossroad South Other Open Space 0.19 8,180 Yes TurfAdjacent Owner maintains. Transfer should only occur as part of development. Transfer No Out HRA HRA311 - Yes 3300 Lilac Dr N Other Open Space 0.75 32,852 Yes TreesWooded, low, turf by road maintained by city 2-3 times a year, underground utilities present. Could be developed with adjacent underutilized parcels. Develop No Out City City321 - Yes 3015 JUNE AVE N Other Open Space 0.47 20,546 No TreesNo utilities present, steep slope, adjacent to Sochacki, add to park area Keep as Open Space No Out City City341 - Yes Other Open Space 0.02 900 Yes Road Keep as Open Space (ROW) No Out City City351 - Yes 2273 Noble Avenue North Other Open Space Bassett Valley Open Space 2.86 124,757 No Water Feature Small portions are mowed, Underground Utilities Keep as Open Space Yes Park and Ponding Area In City City 1802924210053391 - Yes 2415 Byrd Avenue North Other Open Space Byrd Bluff Open Space 1.16 50,708 Yes Trees Steep slope, turf by road maintained by city about ever other week. Keep as Open Space No Out City City 1702924220086401 - Yes Other Open Space 0.11 5,003 Yes Turf Probably should be sold to neighboring property. Transfer No Out City City411 - Yes Other Open Space 0.24 10,588 Yes TurfPlatted as park. Nearby owners maintain. Bordered by r.o.w., accessible. Pocket park potential. Keep as Open Space No Out City City421 - Yes Other Open Space 0.23 9,917 Yes TurfPlatted as park. Turf maintained by city weekly - need to check this. Not very accessible. Possible potential for pocket park if retained. Keep as Open Space No Out City City431 - Yes 1701 York Ave N Other Open Space 0.19 8,295 No Trees Underground Utilities Keep as Open Space Yes Ponding Area Out City City441 - Yes Other Open Space 0.06 2,750 Yes Road Adjacent Owner maintain, Underground Utilities Keep as Open Space (ROW) No Out City Private451 - Yes Other Open Space 0.48 20,720 Yes TrailRegional trail. Turf maintained by Three Rivers Park District as per a Maintenance Agreement Keep as Open Space No Out City City461 - Yes Other Open Space 0.53 23,036 No Trees Property adjacent to Wirth and railroad. Transfer No Out HRA HRA481 - Yes 4100 Dahlberg Drive Other Open Space Dahlberg Open Space 4.51 196,578 Yes TurfRegional pond. Adjacent Owner maintain turf (Animal Humane Society?), Underground Utilities Keep as Open Space No Out HRA City 1902924140139491 - Yes Other Structure/Utility Highway 55 Lift Station 0.34 14,841 Yes TurfNew Sanitary Sewer Lift Station, turf historically maintained by city 2-3 times a year. Keep as Open Space No Out City City501 - Yes Other Open Space 0.19 8,198 No Water Feature Sweeney Branch of Bassett Creek Keep as Open Space Yes Nothing 100yr City City511 - Yes Other Open Space 0.03 1,207 Yes Turf Adjacent Owner maintain. No City utilities present. Transfer No Out City City541 - Yes 5 Ardmore Drive Other Open Space Ardmore North and South Ponds 1.34 58,212 No Water Feature Keep as Open Space Yes Conveyed Out City City 1902924430068551 - Yes Other Open Space 0.01 367 No Trees Sliver of land. Transfer Yes Street and Utility R/W Out City City561 - Yes 220 Janalyn Circle Other Open Space Janalyn Pond 0.63 27,359 No Water Feature Storm Sewer Lift Station Keep as Open Space No Out City City 3002924110012571 - Yes 401 Meadow Lane South Other Open Space Meadow Pond 1.06 46,250 No Water Feature Keep as Open Space No Out City City 30029241100351131 - Yes 1611 Lilac Dr N Other Open SpacePurchased MnDOT Conveyance property 0.68 29,489 Yes TurfAdjacent Owner maintain turf, Underground Utilities. Purchased from MnDOT for HOPE Program 06/2024 Develop1221 - Yes 504 Lilac Dr N Other Open Space Turnback 0.50 21,612 No Vegetation Purchased from MnDOT for HOPE Program 06/2024 Develop1341 - Yes 2415 DOUGLAS DR N Other Open Space 0.52 19,327 Yes Turf Property from Douglas Dr Project Develop No Out City City 29118211100211361 - Yes 1435 DOUGLAS DR N Other Open Space 0.25 8,586 Yes Turf Transfer or could be packaged and sold as a ~55' lot Develop No Out City City 29118214400601381 - Yes 2300 DOUGLAS DR N Other Open Space 0.34 14,854 Yes Turf Property for Douglas Dr Project Keep as Open Space No Out City City 28118212300261391 - Yes 1935 BRUNSWICK AVE N Other Open Space 0.66 28,773 Yes TurfProperty for Douglas Dr Project. Combine with adjacent underutilized parcels for development. Develop No Out City City 28118212300401411 - Yes 6300 PHOENIX ST Other Open Space 0.28 12,073 Yes Turf not buildable, transfer to adjacent owner Transfer No 100yr City City 32118211100071421 - Yes 9450 Olympia St Other Open Space 0.72 31,363 Yes Turf Property for flood mitigation project Keep as Open Space No Out City City 30118213201031451 - Yes 5325 Greenview Lane Other Open SpacePurchased MnDOT Conveyance property 0.28 12,320 Yes Turf Purchased from MnDOT for HOPE Program 06/2024 Develop1471 - Yes 1800 Zephyr Pl Other Open Space 0.24 10,655Keep as Open SpaceOut City City 17029243100331481 - Yes 6920 Glenwood Ave Other Open Space 0.32 13,955Keep as Open SpaceOut City City 32118214300371491 - Yes 7901 23rd Ave N Other Open Space 0.33 14,290Keep as Open SpaceCity City 3011821140042
131
P11 - Yes 200 Brookview Parkway North Park Community Park Brookview Park 23.11 1,006,568Keep100yr City CityP111 - Yes 1141 Valders Avenue North Park Neighborhood Park Golden Oaks Park 1.86 80,938KeepOut City City 3111821110021P131 - Yes 900 Westwood Drive South Park Neighborhood Park North Tyrol Park 9.12 398,112KeepOut City City 3002924130032P161 - Yes 1510 Kaltern Lane Park Neighborhood Park South Tyrol Park 3.56 154,893KeepOut City City 3002924410081P171 - Yes 5850 St Croix Avenue North Park Neighborhood Park St Croix Park 1.44 62,768Keep100yr City CityP181 - Yes 3300 Major Avenue North Park Neighborhood Park Stockman Park 1.57 68,277KeepOut City City 702924130094P191 - Yes 7401 Duluth Street Park Neighborhood Park Wildwood Park 4.18 182,224KeepOut City City 2911821310064P21 - Yes 3101 Regent Avenue North Park Community Park Gearty Park 4.60 200,500KeepOut City City 702924320054P201 - Yes 351 Yosemite Avenue North Park Neighborhood Park Yosemite Park 1.47 64,177KeepOut City City 3311821310043P211 - Yes 316 Brookview Parkway South Park Special Use Facility Brookview Golden Valley 153.32 6,678,384Keep100yr City City 3111821430001P231 - Yes 7101 Sandburg Road Park Special Use Facility Isaacson Park 10.92 475,683KeepOut City Private 2911821130003P26B1 - Yes 4120 Bassett Creek Drive Park TRPD Regional ParkSochacki Park (Rice Pond Mngmt Unit) 9.16 398,983 We own, Three Rivers Park District manages. Keep100yr City Three Rivers Park District 1802924110049P26C1 - Yes 2190 Bonnie Lane Park TRPD Regional ParkSochacki Park (Mary Hills Mngmt Unit) 15.75 685,951 We own, Three Rivers Park District manages. Keep100yr City Three Rivers Park District 1802924110050P291 - Yes 910 Adeline Lane Nature Area Nature Area Adeline Nature Area 1.25 54,475Keep100yr City City 1902924240012P301 - Yes 2130 Zane Avenue North Nature Area Nature Area Bassett Creek Nature Area 7.61 331,633Keep100yr City City 2811821240034P32A1 - Yes 9201 Olson Memorial Highway Nature Area Nature AreaGeneral Mills Nature Preserve (North) 18.90 823,280Keep100yr City City 3111821330011P32B1 - Yes Nature Area Nature AreaGeneral Mills Nature Preserve (South) 7.74 337,228Keep100yr City PrivateP34A1 - Yes 7100 Laurel Avenue Nature Area Nature AreaLaurel Ave Greenbelt (E & W Ring Ponds) 14.54 633,557KeepOut City City 511721210077P34C1 - Yes Nature Area Nature Area Laurel Ave Greenbelt 1.30 56,499KeepOut City CityP361 - Yes 7600 Western Avenue Nature Area Nature Area Western Avenue Marsh 21.65 942,915Keep100yr City CityP551 - Yes 2575 Winnetka Avenue North Community Facility Cemetery Golden Valley Cemetery 0.73 31,885KeepOut City City 3011821110002P561 - Yes 3700 Golden Valley Road Community Facility City Campus 1.73 75,176Keep100yr City City 1702924230020P571 - Yes 9400 10th Avenue North Community Facility City Campus 8.24 358,816KeepOut City City 3111821220022P581 - Yes 9305 10th Avenue North Community Facility City Campus 6.41 279,191 Street Dept Outdoor Storage (s. side 10th) KeepOut City CityP591 - Yes 7800 Golden Valley Road Community Facility City Campus City Hall Campus 10.20 444,182KeepOut City City 3211821230188P601 - Yes 400 Turners Crossroad South Community Facility City Campus 1.11 48,567KeepOut City City 411721210023P71 - Yes 631 Ottawa Avenue North Park Community Park Schaper Park 11.28 491,355 Sanitary Sewer Lift Station Keep100yr City City 1902924240023P81 - Yes 1856 Toledo Avenue North Park Community Park Scheid Park 10.35 451,043KeepOut City City 1802924320045P9B1 - Yes 8200 Plymouth Ave Park Community Park Wesley Park (South) 9.09 395,955KeepOut City City382 - Mixture 5218 Minnaqua Drive Other Open Space Minnaqua Greenbelt 4.97 216,676 Yes Vegetative Buffer Multiple parcels, some tax forfeit, floodplain area, and ROW. Keep as Open Space Yes Recreation and Ponding Area In City City 1802924220002522 - Mixture Other Open Space 0.28 12,409 No TreesPrimarily Real Property but park boundary/how it's represented in mapping includes some ROW. Keep as Open Space No 100yr City City582 - Mixture 1345 Tyrol Trail Other Open Space South Tyrol Pond 0.85 36,984 Yes Vegetative BufferPrimarily Real Property but park boundary/how it's represented in mapping includes some ROW. Keep as Open Space No Out City City 30029244100791462 - Mixture 5050 Wayzata Boulevard Other Open Space Spring Green South Open Space 0.56 24,199Primarily Real Property but park boundary/how it's represented in mapping includes some ROW. Keep as Open SpaceOut City City and Private 3002924230067P122 - Mixture 201 Natchez Avenue North Park Neighborhood Park Natchez Park 5.42 236,220Primarily Real Property but park boundary/how it's represented in mapping includes some ROW. Keep100yr City City 1902924340016P142 - Mixture 220 Paisley Lane Park Pocket Park Paisley Park 0.40 17,629Primarily Real Property but park boundary/how it's represented in mapping includes some ROW. KeepOut City City 3311821339000P152 - Mixture 1101 Florida Avenue North Park Neighborhood Park Seeman Park 4.48 195,328Primarily Real Property but park boundary/how it's represented in mapping includes some ROW. KeepOut City City 3211821110019P32 - Mixture 1610 Louisiana Avenue North Park Community Park Hampshire Park 14.00 609,653Primarily Real Property but park boundary/how it's represented in mapping includes some ROW. KeepOut City City 2911821420001P312 - Mixture 2600 Unity Avenue North Nature Area Nature Area Briarwood Nature Area 20.06 873,958Primarily Real Property but park boundary/how it's represented in mapping includes some ROW. Keep100yr City City 702924330001P332 - Mixture 9147 Earl Street Nature Area Nature Area Golden Ridge Nature Area 2.51 109,279Primarily Real Property but park boundary/how it's represented in mapping includes some ROW. KeepOut City City 3011821320130P34B2 - Mixture 6900 Laurel Avenue Nature Area Nature AreaLaurel Ave Greenbelt (Cortlawn Pond) 17.27 752,061Primarily Real Property but park boundary/how it's represented in mapping includes some ROW. KeepOut City City 511721110043P352 - Mixture 2301 Rhode Island Avenue North Nature Area Nature Area Pennsylvania Woods 22.92 1,031,689Primarily Real Property but park boundary/how it's represented in mapping includes some ROW. KeepOut City CityP42 - Mixture 1521 Hillsboro Avenue North Park Community Park Lakeview Park 4.86 211,678Primarily Real Property but park boundary/how it's represented in mapping includes some ROW. KeepOut City CityP52 - Mixture 151 Louisiana Avenue North Park Community Park Lions Park 18.78 817,978Primarily Real Property but park boundary/how it's represented in mapping includes some ROW. KeepOut City City 3211821340034P62 - Mixture 2331 Ensign Avenue North Park Community Park Medley Park 12.72 554,248Primarily Real Property but park boundary/how it's represented in mapping includes some ROW. KeepOut City CityP732 - Mixture 5115 DAWNVIEW TER Other Open Space 0.30 12,892Primarily Real Property but park boundary/how it's represented in mapping includes some ROW. Keep100yr City CityP9A2 - Mixture 8305 Wesley Drive Park Community Park Wesley Park (North) 10.78 469,505Primarily Real Property but park boundary/how it's represented in mapping includes some ROW. KeepOut City City593 - No Unimproved ROW 25th Ave N 0.07 3,217 Yes Turf Adjacent Owner maintain turf (Christian Life Center) Transfer603 - No Unimproved ROW 0.04 1,610 Yes Turf Adjacent Owner maintains turf. Utilities present. Transfer but retain esTransfer613 - No Unimproved ROW Elgin Pl 0.08 3,669 Yes Turf Adjacent Owners maintain turf. Keep as Open Space (ROW)623 - No Unimproved ROW Duluth St 0.41 18,037 No Trees Improved Trail, Underground Utilities Keep as Open Space633 - No Unimproved ROW Duluth St 0.49 21,223 No Trees Improved Trail, Underground Utilities Keep as Open Space643 - No Unimproved ROW 0.17 7,273 Yes Landscaping Adjacent Owners. There are fences, sheds, turf, etc. Transfer663 - No Unimproved ROW 0.17 7,300 Yes Landscaping Adjacent Owners. There are fences, sheds, turf, etc. Transfer673 - No Unimproved ROW Duluth St 1.96 85,281 Yes Trail Turf by trail maintained by city 2-3 times a year, rest is trees, UndergroKeep as Open Space683 - No Unimproved ROW 0.17 7,351 Yes Landscaping Adjacent Owners. There are fences, sheds, turf, etc. Transfer693 - No Unimproved ROW 0.14 5,933 Yes Landscaping Adjacent Owners. There are fences, trees, turf, etc. Transfer703 - No Unimproved ROW Flag Ave N 0.04 1,820 No Trees Underground Utilities. Transfer but retain esmts. Transfer713 - No Unimproved ROW 7th Ave N 0.11 4,991 No Water FeatureKeep as Open Space723 - No Unimproved ROW Golden Valley Dr 0.15 6,453 Yes Turf Adjacent Owner maintain turf. There is also public sidewalk here, UndeTransfer733 - No Unimproved ROW Bassett Creek Dr 1.33 57,977 Yes Water Feature Some adjacent owners mow into ROW, Underground Utilities Keep as Open Space743 - No Unimproved ROW 0.24 10,246 Yes Trail Turf maintained by Three Rivers Park District as per a Maintenance AgrKeep as Open Space753 - No Unimproved ROW Western Ave 0.28 12,336 Yes Landscaping Adjacent Owner landscapes land area. Rest of ROW covers a pond. Keep as Open Space763 - No Unimproved ROW Turners Crossroad S 0.08 3,285 Yes Trail Turf maintained by Golden Valley Lutheran Church as per a MaintenanTransfer773 - No Unimproved ROW 34th Ave N 0.20 8,918 Yes Turf Adjacent Owner maintain turf. Also trees on this ROW, Underground UKeep as Open Space132
783 - No Unimproved ROW Adell Ave 0.64 27,918 No Trees Social Trail. Potential for a trail connect to Sochacki Park, UndergroundKeep as Open Space793 - No Unimproved ROW June Ave N 1.04 45,268 No Trees Sochacki Park Keep as Open Space803 - No Unimproved ROW Elmdale Rd 0.42 18,442 Yes Turf Adjacent Owners. Turf worn down. Potential for a trail connect to SochKeep as Open Space813 - No Unimproved ROW 27th Ave N 0.37 16,005 Yes Turf Adjacent Owners maintain turf and some planted trees along with otheTransfer823 - No Unimproved ROW Toledo Ave N 0.24 10,274 Yes Turf Adjacent Owner maintain turf. Underground Utilities present. Need to Transfer843 - No Unimproved ROW Glenwood Pkwy 0.08 3,664 No Rocks Steep slope, Underground Utilities Keep as Open Space853 - No Unimproved ROW 0.20 8,788 No Trail Dirt road along RR, Underground Utilities Keep as Open Space863 - No Unimproved ROW Zephyr Pl 0.15 6,474 No Trees Steep area, Underground Utilities Keep as Open Space873 - No Unimproved ROW York Ave N 0.92 40,022 No Trail Narrow concrete roadway on most, and dirt road. Trees line roadway. Keep as Open Space883 - No Unimproved ROW 17th Ave N 0.40 17,257 No TreesKeep as Open Space (ROW)893 - No Unimproved ROW Natchez Ave 0.15 6,387 No TreesTransfer903 - No Unimproved ROW 0.15 6,699 Yes Turf Adjacent Owners. There are fences, trees, turf, etc. Transfer913 - No Unimproved ROW VAC DOC 1484053 0.03 1,122 Yes Turf Adjacent Owners. There are fences, trees, turf, etc. Transfer923 - No Unimproved ROW 0.08 3,359 Yes Landscaping Adjacent Owners. There are fences, trees, turf, etc. Transfer933 - No Unimproved ROW Sumac Rd 0.10 4,402 Yes Landscaping Adjacent Owners. Unused roadway. There are fences, trees, turf, etc, UTransfer943 - No Unimproved ROW Alpine Pass 0.27 11,642 No Trees Underground Utilities Keep as Open Space953 - No Unimproved ROW 0.03 1,512 Yes Turf Adjacent Owners. Transfer963 - No Unimproved ROW Bridal Path 0.36 15,534 Yes Trail Along Trail gets mowed 2-3 times a year. Keep as Open Space973 - No Unimproved ROW Douglas Ave 0.42 18,157 No Trees Includes wooded area, a pond, and a trail goes through a portion of it, Keep as Open Space983 - No Turnback I-394 0.22 9,491 Yes Turf Adjacent Owner maintain turf. Transfer993 - No Turnback I-394 0.06 2,400 Yes Turf Turf by trail maintained by city about every other week. Transfer1003 - No Turnback I-394 0.10 4,487 Yes Turf Adjacent Owner maintain turf. Transfer1013 - No Turnback I-394 0.19 8,213 Yes Turf(note - need to remap this) Adjacent Owner maintain turf, Underground Utilities present, transfer only if adjacent property is developed Transfer1023 - No 4707 Circle Down Turnback I-394 Release 1518 0.55 23,853 No Vegetation Underground Utilities present. Develop1033 - No Conveyance (MnDOT OI-394 0.29 12,691 Yes TurfAdjacent Owner maintain turf. May make more sense to transfer parcels to adj owners. Variance to develop? Develop MnDOT1043 - No Turnback I-394 0.08 3,626 Yes Turf Adjacent Owner maintain turf. Transfer1073 - No Turnback I-394 0.07 3,036 No Vegetation Underground Utilities Keep as Open Space1083 - No Turnback I-394 0.05 2,275 Yes Turf Adjacent Owner maintain turf. Transfer1093 - No Turnback I-394 0.01 367 Yes Turf Adjacent Owner maintain turf. Transfer1103 - No Turnback I-394 0.13 5,632 No Trees Transfer1123 - No Turnback Hwy 100 Release 146274 0.19 8,221 Yes Turf Honeywell soil and groundwater wells, treatment system present Keep as Open Space1143 - No 1211 Lilac Dr N Turnback Hwy 100 Release 1545 0.52 22,628 No Trees Develop1153 - No 1131 Lilac Dr N Turnback Hwy 100 Release 1545 0.26 11,216 No Vegetation Develop1173 - No Turnback Hwy 100 0.70 30,294 Yes Vegetation City mows 2-3 times a year. Keep as Open Space1183 - No Turnback Hwy 100 0.14 6,190 Yes Turf City mows 2-3 times a year. Keep as Open Space1193 - No Turnback Hwy 100 0.43 18,886 Yes Turf Adjacent Owner maintain turf. Transfer1203 - No Turnback Hwy 100 0.39 17,064 Yes Turf Adjacent Owner maintain turf. Transfer1213 - No 300 Turners Crossroad N Turnback Hwy 100 Release 1545 2.53 110,247 No TreesPart of the property is mowed 2-3 times a year. MnDot only had highway esmt here. Develop1233 - No Turnback Hwy 100 Release 1545 0.10 4,161 Yes Turf Adjacent Owner maintain turf. Transfer1243 - No Turnback Hwy 100 Release 1545 0.13 5,797 No Vegetation Transfer1253 - No Turnback Hwy 100 Release 1545 0.16 7,058 Yes Turf Adjacent Owner maintain turf. Transfer1263 - No Turnback Hwy 100 Release 1545 0.24 10,324 Yes Turf Adjacent Owner maintain turf. Transfer1283 - No Turnback Hwy 100 Release 1545 0.82 35,908 No Trees Transfer only if redevelopment or Lilac Dr removed. Transfer1293 - No Unimproved ROW 0.16 6,797 Yes Landscaping Adjacent Owners. There are fences, sheds, turf, etc. Only transfer afterTransfer1323 - No Unimproved ROW 0.06 2,546 NoKeep as Open Space1333 - No Unimproved ROW 0.05 2,307 Yes Adjacent Owners. There are fences, sheds, turf, etc. Transfer only afterKeep as Open Space1353 - No Unimproved ROW Thotland Rd extension 0.10 4,543 Yes Landscaping Adjacent Owners. Utilities present. Keep as Open Space1433 - No Turnback Hwy 55 1.04 45,291 No Trees MnDOT or Southwirth Apts maintains Turf alongside Hwy 55 Transfer1443 - No Turnback Hwy 169 0.52 22,460 No Vegetation Portions may be transferred, depends on r.o.w. avail. Keep as Open SpaceP613 - No 5000 Olson Memorial Highway ROW/Private PropertyStructure/Utility Highway 55 Lift Station 0.04 1,766 Old Location of Sanitary Sewer Lift Station100yr City City 1902924230023P623 - No 4000 Woodstock Avenue ROW Structure/Utility Woodstock Lift Station 0.00 212 Yes Sanitary Sewer Lift Station Keep
133
EXECUTIVE SUMMARY
Finance
763-512-2345 / 763-512-2344 (fax)
Golden Valley City Council Meeting
March 4, 2025
Agenda Item
3F. Adopt Resolution No. 25-014 Approving 2024 Budget Carry Forward and 2025 Budget Adjustments
Prepared By
Lyle Hodges, Finance Director
Summary
Certain amounts budgeted in 2024 were not expended during 2024 for a variety of reasons. This
proposed action will allow staff to continue working on projects that were started or to complete
purchases that were intended to be made from 2024 budgeted amounts. In addition, the City did not
include the Public Safety Aid in the 2024 or 2025 budget process. These funds were received from the
State of Minnesota in December 2023 and have been assigned in the General Fund as of December
31, 2023, however no budgetary adjustment has been made for these funds. By increasing the
departmental budget as detailed in the attachment, these Public Safety Aid dollars may be spent on
eligible purchases in 2025 and potentially into future years.
Financial or Budget Considerations
The proposed adjustments are funded by either 2024 budget dollars that were approved by City
council, but not spent, or, in the case of the Public Safety Aid, they are funded by previously received
revenue that remains unspent as of December 31, 2024.
Legal Considerations
These adjustments impact previously budgeted or received amounts and no legal impact is
anticipated.
Equity Considerations
This proposal strives to advance the equity goals of the City by funding programs and services that
provide opportunities and resources for all.
Recommended Action
Motion to adopt Resolution No. 25-014 approving 2024 budget carry forward and 2025 budget
adjustment items.
Supporting Documents
Resolution No. 25-014 - Approving 2024 Budget Carry Forward and 2025 Budget Adjustments
Exhibit A - 2025 Budget Adjustment Summary
134
RESOLUTION NO. 25-014
RESOLUTION APPROVING 2024 BUDGET CARRY FORWARD AND
2025 BUDGET ADJUSTMENTS
WHEREAS, the City Council adopted Resolution No. 24-078 at the December 3,
2024 Council Meeting adopting the 2025 General Fund Budget; and
WHEREAS, year-end carry forward and budget adjustments are required for the
2025 budget as set forth in the list attached and incorporated hereto as Exhibit A – Year-
End Budget Adjustment Request; and
WHEREAS, Public Safety Aid received from the State of Minnesota in 2023 was
previously not included in budgeted spending in 2024 or considered in the 2025 budget;
and
WHEREAS, the City Council has determined that it is in the City’s best interest to
make these budget alterations for these Budget Adjustment Requests to the approved
budget.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Golden
Valley hereby authorizes and directs the Finance Director to make any and all necessary
alterations to the approved budget of the City.
Adopted by the City Council of Golden Valley, Minnesota this 4th day of March, 2025.
Roslyn Harmon, Mayor
ATTEST:
Theresa J. Schyma, City Clerk
135
Department Item Budget Coding Budget
Information Technology Accela Implementation 1037.6440 40,000$
Information Technology Intranet Services 1037.6440 8,000
Information Technology Supplies for Teams Calling Transition 1037.6440 1,000
DEI ERGs (BEE) 1039.6415 3,500
DEI Printing Supplies 1039.6320 2,500
Administrative Services Total 55,000$
Finance Fee Study 1001.6340 18,500$
Clerk Document Safe 1122.6320 12,000
Clerk 2025 Laserfiche Empower Conference 1122.6411 2,750
Elections Voting Booth and ADA Upgrades 1123.6320 26,250
Elections Chair and Sign Transportation Needs 1123.6320 4,000
Elections Voter Secrecy Sleeves 1123.6320 500
Clerk/Elections Total 45,500$
PEACE Commission Training and Community Gathering 1002.6340 400$
Park & Rec IT Upgrades to offices and shared spaces 1600.6340 3,346$
Development Highway 55 BRT Study 1400.6340 42,000
Development Intern room cubicle furniture 1400.6340 35,000
Community Development Total 77,000$
Police & Fire Forse Family Donation 1320.4340 15,000
1346.6340 15,000
30,000$
Communications Media training for City staff 1036.6340 4,500
Communications Translation Services 1036.6340 10,000
Communications Civic Engagement Tools 1036.6340 10,000
Communications Total 24,500$
TOTAL GENERAL FUND CARRY FORWARD 254,246$
Police Public Safety Aid 1320.4340 323,919$
Fire Public Safety Aid 1346.6340 278,084
City Manager Appropriate Response Pilot Program 1030.6340 300,000
Public Safety Aid Total 902,003$
2024 to 2025 General Fund Budget Carry Forward Requests
General Fund Public Safety Aid Budget Adjustments
136
EXECUTIVE SUMMARY
Police
763-512-2345 / 763-512-2344 (fax)
Golden Valley City Council Meeting
March 4, 2025
Agenda Item
3G. Adopt Resolution No. 25-015 Extending the Effective Date of the Golden Valley Police Department
Policy Manual
Prepared By
Alice White, Assistant Police Chief
Virgil Green, Police Chief
Summary
On December 17th, 2024 the City Council previously approved the Golden Valley Police Department
Policy Manual which is critical to ensuring the police department’s operations remain in compliance
with evolving laws, regulations, and law enforcement best practices. Introducing new policy to the
operations of the police department requires intentional training and time. The police department has
developed an implementation process and will require additional time to fully integrate the new policy
manual. The police department is seeking council approval to change the effective date of the new
manual from March 3rd to May 31st 2025.
The Golden Valley Police Department Policy Manual (Resolution - Exhibit A) can be viewed at the
following link:
http://weblink.ci.golden-valley.mn.us/WebLink/DocView.aspx?
id=1054835&dbid=0&repo=GoldenValley
Legal Considerations
Training on policies prior to implementation provides a safeguard against legal risks and ensures that
both the City and its employees are legally protected. Training before implementing a policy helps
avoid costly litigation, ensures compliance with applicable laws and policy, and mitigates liability. It
establishes a clear defense in case of legal disputes, and provides documentation that the organization
took reasonable steps to educate its employees. For these reasons, the City Attorney recommended
extending the effective date to allow the Police Department to complete all training prior to the
effective date of the new policy manual.
Equity Considerations
As part of the ongoing commitment to diversity equity and inclusion, the Golden Valley Police
Department Policy manual has began a DEI review. The City received grant dollars from the Pohlad
Family Foundation to undergo a full equity review and community engagement on specific police
policies. The feedback from the community and equity review will be considered in a new iteration of
this policy manual by the completion of the grant cycle (July 1, 2025).
137
Recommended Action
Motion to adopt Resolution No. 25-015 extending the effective date of the Golden Valley Police
Department Policy Manual.
Supporting Documents
Resolution No. 25-015 - Extending the Effective Date of Golden Valley Police Department
Manual
138
RESOLUTION NO. 25-015
A RESOLUTION EXTENDING THE EFFECTIVE DATE OF THE
GOLDEN VALLEY POLICE DEPARTMENT POLICY MANUAL
WHEREAS, the Golden Valley City Council is the policy making body for the City
under Minnesota Statutes, section 412.611 and adopts all City policies by resolution; and
WHEREAS, the Golden Valley Police Department Policy Manual (the “Policy
Manual”) is critical to ensuring the police department’s operations remain in compliance
with evolving laws, regulations, and law enforcement best practices; and
WHEREAS, the City Council approved the updated Policy Manual by Resolution
No. 24-085 on December 17, 2024 with an effective date of March 3, 2025 to allow time
for training members of the Golden Valley Police Department; and
WHEREAS, the Police Department has developed an implementation process that
will require additional time to fully integrate the updated Policy Manual.
NOW THEREFORE, BE IT RESOLVED,BY THE CITY COUNCIL OF THE CITY
OF GOLDEN VALLEY, MINNESOTA that:
1. This Council extends the effective date of the Policy Manual (Resolution No.
24-085) to May 30, 2025.
2. The Police Chief is directed to ensure that the Policy Manual is distributed to
all relevant parties and to provide all necessary training to GVPD staff.
BE IT FURTHER RESOLVED, that the Policy Manual adopted on September 15,
2020 shall remain in effect until May 30, 2025.
Adopted by the City Council of the City of Golden Valley, Minnesota this 4th day of March,
2025.
____________________________
Roslyn Harmon, Mayor
Attested:
____________________
Theresa Schyma, City Clerk
139
EXECUTIVE SUMMARY
Legal
763-512-2345 / 763-512-2344 (fax)
Golden Valley City Council Meeting
March 4, 2025
Agenda Item
6A. First Reading of Ordinance No. 793 - Amending Chapter 4 of the City Code Relating to Brewer Off-
Sale Licenses to Allow Additional Vessel Sizes Permitted by State Law
Prepared By
Theresa Schyma, City Clerk
Summary
During the 2022 session, the legislature approved the addition of Minn. Stats. § 340A.29 which
updated off-sale packaging requirements for certain small brewers to allow for different vessel sizes of
off-sale items at licensed breweries. Previously breweries were limited to 64 ounce containers
commonly known as "growlers" with their off-sale licenses. The new law allows licensees to sell beer
they produce in retail packaging cans, bottles, etc. up to 128 ounces per person per day.
Currently the City Code specifically references Minn. Stats. § 340A.285 more commonly known as the
"growler statute" for off-sale licenses. To ensure alignment with State law, the proposed Code change
more broadly references Minn. Stats. ch. 340A which should also reduce the need for further Code
updates in the future if the legislature makes minor changes to off-sale vessel sizes.
Financial or Budget Considerations
Staff does not see any reason to adjust the existing fees for brewer off-sale licenses.
Legal Considerations
The proposed ordinance amendment ensures alignment with State law in regards to off-sale
packaging requirements for certain small brewers that are licensed in Golden Valley.
Equity Considerations
This item did not require equity review.
Recommended Action
Motion to approve first reading of Ordinance No. 793, amending Chapter 4 of the City Code relating to
Brewer Off-Sale licenses to allow additional vessel sizes as permitted by State law.
Supporting Documents
Ordinance No. 793 - Amending Chapter 4 - Allowing Additional Vessel Sizes Permitted by State
Law for Brewer Off-Sale Licenses
140
ORDINANCE NO. 793
AN ORDINANCE AMENDING THE CITY CODE
AMENDING CHAPTER 4 OF THE CITY CODE RELATED TO
BREWER OFF-SALE LICENSES TO ALLOW ADDITIONAL VESSEL SIZES PERMITTED BY STATE LAW
The City Council of the City of Golden Valley hereby ordains as follows:
Section 1. City Code Chapter 4. Alcoholic Beverages, Article II. Licenses, Section 4-41.
Types of Licenses is hereby amended as follows:
Sec. 4-41. Types of Licenses.
(g) Brewer off-sale malt liquor licenses, with the approval of the Commissioner, may be
issued to a brewer that is a licensee under Subsection (f) of this section or that
produces fewer than 3,500 barrels of malt liquor a year and otherwise meets the
criteria established in Minn. Stats. § 340A.24, as it may be amended from time to
time. Off-sale of malt liquor shall be limited to the legal hours for off-sale at
exclusive liquor stores in the City. Malt liquor sold off-sale must be removed from
the premises before the applicable off-sale closing time at exclusive liquor stores. All
malt liquor sold under this license shall be packaged in the manner required by
Minn. Stats.ch. 340A § 340A.285 as it may be amended from time to time. Sales
under this license may not exceed 500 barrels per year. If a brewer licensed under
this section possesses a license under Subsection (f) of this section, the brewer's
total retail sales at on-sale or off-sale may not exceed 3,500 barrels per year,
provided that off-sales may not total more than 500 barrels.
Section 2. This ordinance shall take effect from and after its passage and publication as
required by law.
Adopted by the City Council this 18th day of March, 2025.
Roslyn Harmon, Mayor
ATTEST:
Theresa J. Schyma, City Clerk
141
EXECUTIVE SUMMARY
Community Development
763-512-2345 / 763-512-2344 (fax)
Golden Valley City Council Meeting
March 4, 2025
Agenda Item
6B. First Reading of Ordinance No. 794 Establishing an Affordable Housing Trust Fund.
Prepared By
Christine Costello, Housing & Economic Development Manager
Summary
An affordable housing trust fund provides a source of funds to facilitate the housing needs of low- and
moderate-income individuals and families in the city. The affordable housing trust fund shall be a
permanent endowment and continually renewable source of revenue to provide loans and grants to
for-profit and non-profit housing developers for the acquisition, capital, and soft costs necessary for
the creation of new affordable rental and owner-occupied housing, and for the acquisition,
rehabilitation and preservation of existing multi-family residential rental housing including naturally
occurring affordable housing (NOAH).
The proposed ordinance formalizes and complies with Minnesota State Statute 462C.16. Formalizing
the affordable housing trust fund makes the City eligible for State financing allocated for affordable
housing. A discussion on affordable housing trust fund was introduced at an HRA work session on
August 10, 2022. During the discussion it was noted that the HRA Commissioners were agreeable to an
affordable housing trust fund. There were additional questions and discussion on how to implement
the fund for the long term to ensure that it was a dedicated source. It was recommended an
incremental approach to establishing the fund. Development of the fund per Minnesota State Statute
is the first step and at this time will allow staff the ability to leverage grant funds that are currently
available from Minnesota Housing.
Purpose of the Affordable Housing Trust Fund
The affordable housing trust fund will only be used to assist proposed projects or programs to develop
or preserve affordable housing opportunities for low- and moderate-income households.
The types of uses of the housing trust fund will include, but not be limited to, the following uses:
Making of loans at interest rates below or at market rates in order to strengthen the
financial feasibility of proposed projects
Guaranteeing of loans
Gap financing for affordable housing developments
Financing of acquisition, demolition, and disposition for affordable housing developments
Financing of rehabilitation, remodeling, or new construction of affordable housing
Funding to facilitate affordable homeownership opportunities including down payment
assistance, second mortgages, closing costs, etc.
142
Any other uses as permitted by applicable law and approved by the council
To the extent possible the affordable housing trust fund will be secured by liens, letters of
credit, tax increment, or other forms of reasonable security.
To the extent possible, loans from the affordable housing trust fund will be repaid with interest
at rates established from time to time by the city or which are established at the time of
approval of a specific project or program.
The intent of the affordable housing trust fund is to support existing programs such as the HOPE
Program and preservation of naturally occurring affordable housing. In the future, additional programs
and initiatives can be introduced in the community. It would be the goal that future programs may
include emergency rental assistance and support for seniors to remain in their home with more energy
efficiency measures to reduce housing cost burdens. By formalizing the affordable housing trust fund
by ordinance, the City becomes eligible for additional trust fund matching grants from the State of
Minnesota.
Financial or Budget Considerations
The primary source of funding for the affordable housing trust fund would be HRA levy funds. Other
potential sources of funding for the affordable housing trust fund in the future may include, but are
not limited to, the following:
Private cash donations from individuals and corporations designated for the affordable housing
trust fund
Payments in lieu of participation in current or future affordable housing programs
Matching funds from a federal or state housing trust fund; or a state program designated to fund
a housing trust fund
Principal and interest from affordable housing trust fund loan repayments and all other income
from trust fund activities
The sale of real and personal property
Federal and state grants
Local government appropriations, development fees and other funds as designated from time to
time by the city council
Tax increment finance (TIF) pooled funds
City staff would take all actions necessary to capitalize and maintain the fund balance in the affordable
housing trust fund to the extent that funds are subject to restrictions as to their use by virtue of the
source of such funds. The HRA and Finance will ensure that the affordable housing trust fund will
contain sub-accounts, if necessary, to ensure that if there are any restrictions as to the reuse of the
funds that they are met.
Legal Considerations
The City Attorney has reviewed the ordinance.
Equity Considerations
The proposed affordable housing trust fund advances the equity goals as well as strategic directive of
fostering a healthy mix of housing stock that accommodates various price points and life stages.
143
Recommended Action
Motion to adopt first reading of Ordinance No. 794 establishing an Affordable Housing Trust Fund.
Supporting Documents
Ordinance No. 794 - Establishing an Affordable Housing Trust Fund
Minnesota Statutes Section 462C.16
Handout on Local Housing Trust Funds
144
ORDINANCE NO. 794
AN ORDINANCE ESTABLISHING AN AFFORDABLE HOUSING TRUST FUND
The City Council of the City of Golden Valley hereby ordains as follows:
Section 1. City Code Chapter 2, is amended by adding Article VII to provide as follows:
ARTICLE VII. AFFORDABLE HOUSING TRUST FUND
Sec. 2-XXX. Definitions.
For the purposes of this article, the words below shall have the following meanings:
Persons of very low income means families and individuals whose incomes do not exceed
50 percent of area median income, as median income was most recently determined by the
United States Department of Housing and Urban development for the Minneapolis-St. Paul-
Bloomington, Minnesota-Wisconsin Metropolitan Statistical Area, as adjusted for smaller and
larger families or the Area Median Income calculated annually by Minnesota Housing for
establishing rent limits for the Housing Tax Credit Program, whichever is higher.
Persons of low income means families and individuals whose incomes do not exceed 80
percent of the area median income, as median income was most recently determined by the
United States Department of Housing and Urban development for the Minneapolis-St. Paul-
Bloomington, Minnesota-Wisconsin Metropolitan Statistical Area, as adjusted for smaller and
larger families or the Area Median Income calculated annually by Minnesota Housing for
establishing rent limits for the Housing Tax Credit Program, whichever is higher.
Persons of moderate income means families and individuals whose incomes exceed 80
percent, but do not exceed 120 percent, of area median income, as median income was most
recently determined by the United States Department of Housing and Urban development for the
Minneapolis-St. Paul-Bloomington, Minnesota-Wisconsin Metropolitan Statistical Area, as
adjusted for smaller and larger families or the Area Median Income calculated annually by
Minnesota Housing for establishing rent limits for the Housing Tax Credit Program, whichever is
higher.
Sec. 2-XXX. Creation of Fund.
Pursuant to the authority granted to the city under Minnesota Statutes Section 462C.16,
an affordable housing trust fund is established to provide loans and grants to for-profit and non-
profit housing developers for the acquisition and capital and soft costs necessary for the creation
of new affordable renter and owner-occupied housing, and for the acquisition, rehabilitation and
preservation of existing multi-family residential rental housing including Naturally Occurring
Affordable Housing (NOAH).
Sec. 2-XXX. Funding.
The Affordable Housing Trust Fund shall be funded by any sources available to the city,
including but are not limited to:
145
(a) Donations designated for the Affordable Housing Trust Fund.
(b)Bond proceeds.
(c) Payments in lieu of participation in current or future affordable housing programs.
(d) Grants, loans or matching funds from a state, federal or private source.
(e) Principal and interest from Affordable Housing Trust Fund loan repayments and all other
income from Trust Fund activities.
(f)Investment earnings from the Affordable Housing Trust Fund.
(g) The sale of real and personal property.
(h) Local government appropriations, development fees and other funds as designated from
time to time by the city council.
(i) Tax Increment Finance (TIF) pooled funds.
Sec. 2-XXX. Authorized Expenditures.
The city may use money from the Affordable Housing Trust Fund to assist proposed projects
or programs to develop or preserve affordable housing for persons of very low, low and moderate
income to include:
a. Making grants, loans, and loan guarantees for the development, rehabilitation,
remodeling, or financing of housing.
b.Providing down payment assistance, rental assistance and homebuyer counseling
services.
c. Interim financing of public costs for affordable housing projects in anticipation of a
permanent financing source (i.e. construction financing, bond sale, etc.).
d. Matching other funds from federal, state, or private resources for housing projects.
e. Other uses as permitted by law and approved by the city council.
Sec. 2-XXX. Loans and Grants.
The city shall determine the terms and conditions of repayment of loans and grants from
the Affordable Housing Trust Fund including the appropriate security and interest, if any, should
repayment be required. Interest on loans and grants shall be as established by the city from time
to time or at the time of approval of a specific project or program.
Sec. 2-XXX. Reports.
The Affordable Housing Trust Fund shall report annually to the city on the use of the
Affordable Housing Trust Fund account including the number of loans and grants made, the
number and types of residential units assisted through the account, and the number of households
146
for whom rental assistance payments were provided. The city shall post the report on its Web
site.
Section 2.This ordinance shall take effect from and after its passage and publication as
required by law.
Adopted by the City Council this 18th day of March 2025.
__________________________________
Roslyn Harmon, Mayor
ATTEST:
__________________________________
Theresa J. Schyma, City Clerk
147
148
149
LOCAL HOUSING TRUST FUNDS
IN MINNESOTA
Local Housing Trust Funds (LHTF) are funds established by a local
government by dedicating local public revenue for housing. They are
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Trust funds help communities leverage public and private resources
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TVMSVMXM^MRKHIZIPSTQIRXWXLEXQE\MQM^IFIRIƼXXSXLIGSQQYRMX]
-RXLI1MRRIWSXE0IKMWPEXYVIHIƼRIHE0,8*MRPE[TVSZMHMRK
GPEVMX]XSEWWMWXPSGEPNYVMWHMGXMSR[MXLLSYWMRKMRZIWXQIRXW-R
to incentivize LHTFs, they authorized a state match fund of $1 million,
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MRZIWXIHMRLSYWMRKXVYWXJYRHWF]GMXMIWERHGSYRXMIWERHESRIXSX[S
QEXGLSRXLIRI\XSJEZEMPEFPIJYRHW
Since 2017, Minnesota has seen a steady increase in LHTFs, as 20
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SRXLI[E]8LMWVITSVXMRGPYHIWMRJSVQEXMSRJVSQ1,4ƅWXLMVHERRYEP
survey of cities and counties regarding LHTF.
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Leverage private dollars
Provide flexibility to
meet local needs
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contributions
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sources of revenue
February 2023
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20
Number of LHTFs in MN
2023
2017 35
$75,000
$10,000,000+
Range of
Fund Sizes
Communities Interested in LHTFs
From big to small, rural to metro, LHTFs can serve the
housing needs of communities of all types and sizes.
150
Counties (7):
Chisago
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Goodhue
Hennepin
Lake
Otter Tail
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Cities (13):
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Bloomington
Duluth
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Edina
Minneapolis
Minnetonka
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Rochester
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8
7Common Uses For LHTFs
Homebuyer
Assistance
4VIWIVZEXMSRGap Financing Creating Deeper
Affordability
Housing
Stability
151
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Date Adopted Funding Source(s) Use(s)
%PI\ERHVME 2019 •8-*4SSPMRK
•HRA Levy
• Housing Related Funds
• Homebuyer Assistance
•4VIWIVZEXMSR
Bloomington 2019 •8-*4SSPMRK
• One-time Funds
• Donations
• Housing Related Funds
• Housing Stability
•4VIWIVZEXMSR
• Gap Financing
• Revolving Loan Fund
Duluth 2022 •HRA Levy
• Housing Related funds
•4VIWIVZEXMSR
• Gap Financing
)HIR4VEMVMI2022 • Still Determining • Still Determining
Edina 2019 •8-*4SSPMRK
• Housing Related Funds
•H4VSKVEQ'SWXW
•4VIWIVZEXMSR
• Gap Financing
Minneapolis 2003 •8-*4SSPMRK
• One-time Funds
• Federal and State Formula Funds
• Gap Financing
•4VIWIVZEXMSR
Minnetonka 2022 •8-*4SSPMRK • Housing Stability
• Gap Financing
2SVXLƼIPH 2022 • Housing Related Funds • Homebuyer Assistance
6IH;MRK •HRA Levy
•8-*4SSPMRK
• Homebuyer Assistance
• Gap Financing
•4VIWIVZEXMSR
6MGLƼIPH 2020 • Federal and State Formula Funds
•EDA Levy
• Housing Related Funds
• Homebuyer Assistance
• Housing Stability
Rochester • One-time Funds
• Donations
• Deepen Affordability
7X0SYMW4EVO •8-*4SSPMRK
•HRA Levy
• Homebuyer Assistance
•4VIWIVZEXMSR
• Gap Financing
• Deepen Affordability
7X4EYP 2019 • One-time Funds
•4EVOMRKVIZIRYIW
• Homebuyer Assistance
• Housing Stability
• Gap Financing
•H4VSKVEQ'SWXW
Chisago County 2021 • Housing Related Funds • Affordable Housing
'VS[;MRK'SYRX]2019 • HRA Levy • Gap Financing
• Hombuyer Assistance
•4VIWIVZEXMSR
Goodhue County • HRA Levy • Homebuyer Assistance
• Housing Stability
• Gap Financing
Hennepin County 2000 • HRA Levy • Gap Financing
•4VIWIVZEXMSR
Lake County 2022 •HRA Levy
• Housing Related Funds
• Still Determining
Otter Tail County 2021 • HRA Levy • Still Determining
7[MJX'SYRX]2020 •HRA Levy
•'LMTTI[E:EPPI])XLERSP'SQTER]7LEVIW
•4VIWIVZEXMSR
• Gap Financing
Common Funding Sources
• HRA levy
• TIF pooling
• Housing related funds (includes land sale proceeds, in lieu of fees, etc)
•*IHIVEPERH7XEXI*SVQYPE*YRHW '(&+,31)%64%IXG
• One-time Funds (intial funding, annual aprorations, etc)
• Donations (individual and organizational)
Common Uses
• Homebuyer Assistance
•4VIWIVZEXMSR WMRKPIJEQMP]VILEFQYPXMJEQMP]VILEF23%,TVIWIVZEXMSR
•+ETƼRERGMRK RI[GSRWXVYGXMSRVIHIZIPSTQIRX
• Creating deeper affordability
• Housing Stability (emergency housing assistance)
152
EXECUTIVE SUMMARY
Legal
763-512-2345 / 763-512-2344 (fax)
Golden Valley City Council Meeting
March 4, 2025
Agenda Item
6C. 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
153
Review of Council CalendarEventEvent TimeLocationMARCHSunday, March 9Winter Market in the Valley (Indoors)10:00 AM – 1:00 PMBrookviewBassett Creek RoomTuesday, March 11HRA Work Session6:30 PMCouncil Conference RoomCouncil Work Session6:30 PMCouncil Conference RoomSaturday, March 15Special City Council Meeting(Commissioner Interviews)11:00 AMCouncil Conference RoomTuesday, March 18City Council Meeting6:30 PMCouncil ChambersThursday, March 20Building An Equitable Golden Valley Quarterly Conversation: Disabilities6:00 PM - 8:00 PMWorkabilities, 7400 Laurel AveAPRILTuesday, April 1HRA Meeting (if necessary)6:30 PMCouncil ChambersCity Council Meeting6:30 PMCouncil ChambersTuesday, April 8HRA Work Session (if necessary)6:30 PMCouncil Conference RoomCouncil Work Session6:30 PMCouncil Conference Room154