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2025-03-04 - AGE - City Council Regular Meeting7800 Golden Valley Road I Golden Valley, MN 55427 763-593-8012 1 TTY 763-593-3968 1 763-593-8109 (fax) I www.goldenvalleymn.gov city of golden valley March 4, 2025 — 6:30 PM Council Chambers 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. 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 of Golden Valley City Council Regular Meeting March 4, 2025 — 6:30 PM 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 r This document is available in alternate formats upon a 72-hour request. Please call 763-593-8006 (TTY: 763-593-3968) to make a request. Examples of alternate formats may include large print, electronic, Braille, audiocassette, etc. 6 City of Golden Valley City Council Regular Meeting March 4, 2025 — 6:30 PM K pity °f goldenIft EXECUTIVE SUMMARY Valle City Managers 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 s CITY OF GOLDEN VALLEY PROCLAMATION RECOGNIZING THE GOLDEN VALLEY FEDERATED WOMEN'S CLUB'S COMMITMENT TO VIOLENCE PREVENTION W 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 40t" anniversary of the Family Violence Prevention Act (FVPSA) and the 30t" 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. o� Go�a�N V ......,, --fe V �}c�•c SEA, '0000 Roslyn Harmon, Mayor pity °f goldenIft EXECUTIVE SUMMARY valley 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 CITY OF GOLDEN VALLEY PROCLAMATION HONORING WOMEN'S HISTORY MONTH MARCH 1 — 3152025 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 4th, 2025. F GOLDFH V tORP0AArF Roslyn Harmon, Mayor ��NNESD�P 7 pity °f goldenIft EXECUTIVE SUMMARY valley City Managers 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. pity °f goldenIft EXECUTIVE SUMMARY valley 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=GoldenVaIley 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 pity °f goldenIft EXECUTIVE SUMMARY valley 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 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 pity °f goldeno.��Ift EXECUTIVE SUMMARY Valle 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 pity °f goldeno.��Ift EXECUTIVE SUMMARY Valle 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. pity °f goldeno.��Ift EXECUTIVE SUMMARY Valle 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 pity °f goldenIft EXECUTIVE SUMMARY valley 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 $202,920.00 Equipment 222949 Swenson Combo Sander Unit Towmaster Truck $44,766.00 Equipment 222949 VariTech Anti -Ice System Towmaster Truck $28421.00 Equipment 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 WB CA AF Rear Ratio Cab Color Wheel Color Notes SINGLE AXLE CAB/CHASSIS Exhibit D: Price Schedule VENDOR NAME MAKE AND MODEL This section for use when ordering 167" Code Spec # VHD64F300 1.0 Price for Base Unit: 2.0 FRAME OPTIONS x4XB1X 21 2.2 2.3 2.4 2.5 2.6 2.7 2.8 2.9 x2345 994DX 403003 403005 403006 403010 403011 MC 370403 370405 370406 370407 370408 371071 782014 0KXG1X NA NA ZGXE1X UDXA1X XEXB1X 0371074 XEXA1 X 105" (Towmaster to Verify) 63" 4.30 White (P9188) Aluminum Print Date & Time 2/21/2025 10:35 Nuss Truck and Equipment 2026 Volvo VHD 42F300 SA Grand Total $ 151,971.35 City Of Golden Valley, 1.17.25(NUSS20250000125634D) Description Qty 2025 Price Subtotal 1 1 $ 115.726.00 $ 115,726.00 Front frame extension 1 $ 143.00 Custom hole punching in frame $ 110.00 Deduct for no front bumper 1 $ (60.00) Frame fastener option (bolt or huck spun) 1 STD Frame, R.B.M., S.M., PSI, CT 11.81"x3.54"x.31"., R.B.M. 2,112,000, S.M. 17.6, PS1,120,000 CT STD 11.81"x3.54"x.38"., R.B.M. 2,460,000, S.M. 20.5, PS1,120,000 CT $ 343.00 11.81"x3.54"x.44"., R.B.M. 2,820,000, S.M. 23.5, PS1,120,000 CT 1 $ 562.00 11.81"x4.13"x.44"., R.B.M. 3,156,000, S.M. 26.3, PS1,120,000 CT $ 720.00 3.0 FRONT AXLE/SUSPENSION/BRAKE/OPTION 3.1 3.2 3.3 3.4 3.5 3.6 3.7 3.8 3.9 3.10 3.11 3.12 3.13 3.14 3.15 3.16 Set Back Front Axle Option 1 STD 14,600 front axle and matching suspension STD 16,500 front axle and matching suspension $ 875.00 18,800 front axle & matching suspension $ 978.00 20,800 front axle and matching suspension 1 1 $ 1,079.00 22,800 front axle and matching suspension Volvo F22 $ 1,154.00 Heavy duty front axle shocks 1 $ 50.00 Front Brake Dimension 16.5x6 $ 67.00 Hubs Front axle iron unitized front axle hubs $ 25.00 Right hand air bag suspension per Spec 3.7, Driver controlled No Bid Left air bag suspension per Spec 3.7, Driver controlled No Bid Front axle lubrication cap with slotted venthole No Bid Front brake dust shields 1 STD Dual front auxiliary steering gear 1 $ 1,464.00 Multi Leaf Front Susp (RH Stiffner) $ 91.00 Right Hand Ram Assist $ 1,230.00 4.0 4.0 TANDEM REAR AXLE/SUSPENSION/BRAKE/OPTIONS N/A 4.1 N/A 4.2 N/A 4.3 N/A 4.4 N/A 4.5 N/A 4.6 17,500# driver differential locking rear axle and matching suspension No Bid 19,000# rear axle & matching suspension No Bid 19,000# driver differential locking rear axle and matching suspension No Bid 21,000# rear axle and matching suspension No Bid 21,000# driver differential locking rear axle and matching suspension No Bid 22,000# rear axle and matching suspension No Bid $ 143.00 $ (60.00) $ 562.00 $ 1,079.00 $ 50.00 $ 1,464.00 16 N/A 4.7 4.8 4.9 4.10 4.11 4.12 4.13 4.14 4.15 4.16 4.17 4.18 4.19 4.20 4.21 4.22 4.23 4.24 4.25 4.27 4.28 4.29 4.30 4.31 4.31 4.27 4.12 TUXA1X TUXA2X TUXA3X TUXA4X 330328 N/A N/A N/A N/A 350315 3ZZ316 ZAX99X 76AB1X THXC2X YVXZ1X 350006 N/A UEXA1X 784013 UKXB1X 781104 7WXB1X yVXA1 X MC 252AB 1 330328 X6XA2X X6XB2X 330AB7 330AE7 330AH4 464AA5 464AA2 W HX01 X 7KXA3X 330AB8 330AE F 69XD3X 69XC3X 51XD1X 5ZXB1X 2UAB1X OBSO4S 6HXBRX 322022 22,000# driver differential locking rear axle and matching suspension No Bid 23,000# rear axle and matching suspension Mertior RS23-160 Rear Axle & 23,000 Multi -Leaf Rear Suspension STD 23,000# driver differential locking rear axle and matching suspension Mertior RS23-160 Rear Axle & 23,000 Multi -Leaf Rear Suspension $ 406.00 26,000# rear axle and matching suspension Mertior RS26-160 Rear Axle & 26,000 Multi -Leaf Rear Suspension $ 3,607.00 26,000# driver differential locking rear axle and matching suspension Mertior RS26-160 Rear Axle & 26,000 Multi -Leaf Rear Suspension $ 4,013.00 Meritor RS23160 rear axle and 26,000# rear suspension, driver diff. lock. $ 838.00 17,500# air suspension in lieu of springs No Bid 19,000# air suspension in lieu of springs No Bid 21,000# air suspension in lieu of springs No Bid 22,000# air suspension in lieu of springs No Bid 23,000# air suspension in lieu of springs $ 896.00 26,000# air suspension in lieu of springs $ 2,450.00 Dash mounted air dump system $ 14.00 '/2 round universal joints 1 STD Spicer 1810 HD drive line with half round universal joints $ 230.00 Rear axle heavy duty shocks 1 $ 310.00 Rear auxiliary spring, 4500# $ 349.00 Rear stabilizer bar No Bid Rear brake dust shield $ 22.00 Meritor Brake Adjuster Front and Rear $ 11.00 Extended length brake stoke $ 54.00 Four Cam type haldex life seal plus $ 107.00 Synthetic Rear Axle Lubricant 1 $ 117.00 Rear Shock Absorbers $ 176.00 Meritor RS-23-160 rear axle and 30,000# rear suspension, driver diff. lock. $ 1,087.00 Meritor RS-30-185 30,000 Ibs rear axle 1 $ 3,973.00 30,000# multileaf rear suspension 1 $ 838.00 5.0 FIFTH WHEEL OPTIONS 5.1 5.2 5.3 5.4 5.5 5.6 5.7 5.8 5.9 5.10 5.11 5.12 5.13 5.14 5.15 5.16 5.17 5.18 5.19 Frame end tapered and open $ 12.00 Frame end tapered and closed $ 30.00 Fixed fifth wheel - Holland FW-35 $ 684.00 Mechanical slide fifth wheel - Holland FW35, Travel - 24" slide $ 562.00 Air slide fifth wheel - Holland FW35, Travel - 24" slide $ 986.00 Stainless 1/4 fenders, mounted front of tandems $ 127.00 Plastic 1/4 fenders, mounted front of tandems $ 110.00 Tractor package hookup $ 297.00 Behind cab deck plate $ 681.00 Holland fixed with non -tilt 5th wheel $ 1,385.00 Holland manual slide 5th wheel $ 537.00 Mud flaps with brackets $ 115.00 Betts B60 stainless steel angled mud flap brackets $ 161.00 Hose tender & towel bar assembly $ 58.00 Coiled trailer air hose $ 39.00 Coiled trailer electrical hose $ 44.00 Air Weight AW5800 onboard scales $ 1,118.00 Medium height 5th wheel ramp guide $ 228.00 Trailer hook up light $ 74.00 $ 310.00 $ 117.00 $ 3,973.00 $ 838.00 6.0 TIRES/RIMS OPTIONS: NA 6.1 Nylon wafers or wheel guards on all wheels (10 ea) 1 1 1 $ 44.001 $ 44.00 17 NA 6.2 084441 6.3 NA 6.4 093760 6.5 093762 6.6 093299 6.7 093562 6.8 093741 6.9 093796 6.10 093761 6.11 093763 6.12 093591 6.13 093804 6.14 093764 6.15 093805 6.16 093790 6.17 093758 6.18 093828 6.19 093806 6.20 093672 6.21 093823 6.22 093747 6.23 093495 6.24 093567 6.25 094673 6.26 094810 6.27 094297 6.28 094736 6.29 094821 6.30 094701 6.31 094350 6.32 Heavier 7500 lb 22.5 x 8.25 Steel rims in lieu of standard 7300# rims (10 ea) STD 22.5 12.5 Black Powder quoted wheels front and back $ 482.00 $ - 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 $ - 11R22.51-1 GOODYEAR G731 MSA (13220 LBS. GAWR) MULTI USAGE $ 288.00 $ - 11R22.51-1 GOODYEAR G751 MSA (13220 LBS. GAWR) MULTI USAGE $ 258.00 $ - 11R24.51-1 BRIDGESTONE M863 (14320 LBS. GAWR) ON/OFF ROAD USAGE $ 2,240.00 $ - 11R24.51-1 BRIDGESTONE R250ED (14320 LBS. GAWR) REGIONAL / URBAN USAGE $ (85.00) $ - 11R24.51-1 BRIDGESTONE R268 (14320 LBS. GAWR) REGIONAL / URBAN USAGE $ (75.00) $ - 11R24.5H BRIDGESTONE R283A ECOPIA (14320 LBS. GAWR) LONG / REGIONAL HAUL $ (85.00) $ - 11R24.51-1 GOODYEAR G731 MSA (14320 LBS. GAWR) MULTI USAGE $ 380.00 $ - 11R24.51-1 GOODYEAR G751 MSA (14320 LBS. GAWR) MULTI USAGE $ 335.00 $ - 11R24.51-1 MICHELIN XZE2 (14320 LBS. GAWR) REGIONAL / URBAN USAGE $ 1,648.00 $ - 11R24.51-1 MICHELIN X WORKS Z (14320 LBS. GAWR) ON/OFF ROAD USAGE $ 100.00 $ - 12R22.5H GOODYEAR G751 MSA (14780 LBS. GAWR) MULTI USAGE $ 468.00 $ - 12R24.5H MICHELIN X WORKS Z (15660 LBS. GAWR) ON/OFF ROAD USAGE $ 210.00 $ - 275/80R22.5H MICHELIN X LINE ENERGY Z (14320 LBS. GAWR) LONG / REGIONAL HAUL $ (40.00) $ - 315/80R22.5L GOODYEAR G751 MSA (18180 LBS. GAWR) MULTI USAGE $ 675.00 $ - 315/80R22.5L MICHELIN X LINE ENERGY Z (18180 LBS. GAWR) LONG HAUL $ 95.00 $ - 315/80R22.5L MICHELIN X WORKS Z (18180 LBS. GAWR) ON/OFF ROAD USAGE 1 $ 235.00 $ 235.00 315/80R22.5L MICHELIN XZUS2 (20000 LBS. GAWR) URBAN USAGE $ 245.00 $ - 315/80R22.5L CONTINENTAL CITY SERVICE HA3 (20000 LBS. GAWR) URBAN USAGE $ 450.00 $ - 385/65R22.5J BRIDGESTONE M854 (18740 LBS. GAWR) ON/OFF ROAD USAGE $ 200.00 $ - 385/65R22.5J MICHELIN XZY3 (18740 LBS. GAWR) ON/OFF ROAD USAGE $ 265.00 $ - 385/65R22.5L MICHELIN XFE (19840 LBS. GAWR) ON/OFF ROAD USAGE $ 335.00 $ - Rear Tire Package $ - 11R22.5G BRIDGESTONE M770 (23360 LBS. GAWR) LONG / REGIONAL HAUL $ 225.00 $ - 11 R22.5G BRIDGESTONE M726 EL A (21660 LBS. GAWR) LONG / REGIONAL HAUL $ 135.00 $ - 11R22.5G BRIDGESTONE M843 (23360 LBS. GAWR) ON/OFF ROAD USAGE $ 690.00 $ - 11R22.5G BRIDGESTONE R268 (23360 LBS. GAWR) REGIONAL HAUL 1 STD 11R22.5G CONTINENTAL HDL2 (22700 LBS. GAWR) LONG HAUL $ 595.00 $ - 11R22.5G MICHELIN X LINE ENERGY D (23360 LBS. GAWR) LONG / REGIONAL HAUL $ 1,085.00 $ - 11R22.5G MICHELIN XDN2 (23360 LBS. GAWR) LONG / REGIONAL HAUL $ 930.00 $ - 18 094788 6.33 094588 6.34 094692 6.35 094674 6.36 094559 6.37 094311 6.38 094738 6.39 094688 6.40 094760 6.41 094762 6.42 094351 6.43 094652 6.44 094789 6.45 094801 6.46 094686 6.47 094677 6.48 094811 6.49 094739 6.50 094361 6.51 094557 6.52 094558 6.53 094299 6.54 094741 6.55 094689 6.56 094761 6.57 094763 6.58 094659 6.59 094804 6.60 094671 6.61 094560 6.62 094690 6.63 094764 6.64 11R22.5G MICHELIN X LINE ENERGY Z (23360 LBS. GAWR) LONG / REGIONAL HAUL $ 835.00 11R22.5G MICHELIN XZE2 (23360 LBS. GAWR) REGIONAL / URBAN USAGE $ 635.00 11R22.5G MICHELIN X MULTI ENERGY D (23360 LBS. GAWR) REGIONAL HAUL $ 965.00 11R22.51-1 BRIDGESTONE M770 (24020 LBS. GAWR) LONG / REGIONAL HAUL $ 465.00 11R22.51-1 BRIDGESTONE M775 (24020 LBS. GAWR) ON/OFF ROAD USAGE $ 889.00 11R22.51-1 BRIDGESTONE M843 (24020 LBS. GAWR) ON/OFF ROAD USAGE $ 915.00 11R22.51-1 BRIDGESTONE R268 (24020 LBS. GAWR) REGIONAL / URBAN USAGE $ 465.00 11R22.51-1 BRIDGESTONE M799 (24020 LBS. GAWR) ON/OFF ROAD USAGE $ 565.00 11R22.51-1 GOODYEAR G731 MSA (24020 LBS. GAWR) MULTI USAGE $ 2,470.00 11R22.51-1 GOODYEAR G751 MSA (24020 LBS. GAWR) MULTI USAGE $ 2,355.00 11R22.51-1 MICHELIN XDN2 (24020 LBS. GAWR) LONG / REGIONAL HAUL $ 1,015.00 11 R22.51-1 MICHELIN XDS2 (24020 LBS. GAWR) LONG / REGIONAL HAUL $ 1,485.00 11R22.51-1 MICHELIN X LINE ENERGY Z (24020 LBS. GAWR) LONG / REGIONAL HAUL $ 955.00 11 R22.51-1 MICHELIN X WORKS Z (24020 LBS. GAWR) ON/OFF ROAD USAGE 1 $ 1,345.00 11R22.51-1 MICHELIN X WORKS XDY (24020 LBS. GAWR) ON/OFF ROAD USAGE $ 1,485.00 11 R24.5G BRIDGESTONE M770 (24020 LBS. GAWR) LONG / REGIONAL HAUL $ 500.00 11 R24.5G BRIDGESTONE M726 EL A (22700 LBS. GAWR) LONG / REGIONAL HAUL $ 250.00 11 R24.5G BRIDGESTONE R268 (24020 LBS. GAWR) REGIONAL / URBAN USAGE $ 400.00 11 R24.5G MICHELIN XDN2 (24020 LBS. GAWR) LONG / REGIONAL HAUL $ 1,185.00 11R24.51-1 BRIDGESTONE L320 (26440 LBS. GAWR) ON/OFF ROAD USAGE $ 1,315.00 11R24.51-1 BRIDGESTONE M775 (26440 LBS. GAWR) ON/OFF ROAD USAGE $ 1,525.00 11R24.51-1 BRIDGESTONE M843 (26440 LBS. GAWR) ON/OFF ROAD USAGE $ 1,185.00 11R24.51-1 BRIDGESTONE R268 (26440 LBS. GAWR) REGIONAL / URBAN USAGE $ 685.00 11R24.51-1 BRIDGESTONE M799 (26440 LBS. GAWR) ON/OFF ROAD USAGE $ 685.00 11R24.51-1 GOODYEAR G731 MSA (26440 LBS. GAWR) MULTI USAGE $ 2,845.00 11R24.51-1 GOODYEAR G751 MSA (26440 LBS. GAWR) MULTI USAGE $ 2,655.00 11 R24.51-1 MICHELIN XDS2 (26440 LBS. GAWR) LONG / REGIONAL HAUL $ 1,460.00 11 R24.51-1 MICHELIN X WORKS Z (26440 LBS. GAWR) ON/OFF ROAD USAGE $ 1,680.00 11R24.51-1 MICHELIN X WORKS XDY (26440 LBS. GAWR) LIGHT CONSTRUCTION $ 1,795.00 12R22.5H BRIDGESTONE M775 (27120 LBS. GAWR) ON/OFF ROAD USAGE $ 1,690.00 12R22.5H BRIDGESTONE M799 (27120 LBS. GAWR) ON/OFF ROAD USAGE $ 1,825.00 12R22.5H GOODYEAR G751 MSA (27120 LBS. GAWR) MULTI USAGE $ 3,195.00 $ 1,345.00 19 094314 6.65 094330 6.66 094700 6.67 094698 6.68 094354 6.69 094787 6.70 094694 6.71 094592 6.72 094790 6.73 094699 6.74 094490 6.75 094791 6.76 094809 6.77 094676 6.78 094808 6.79 094725 6.80 094767 6.81 6.82 6.83 NUS225 NUS245 12R24.5H BRIDGESTONE M843 (28640 LBS. GAWR) ON/OFF ROAD USAGE $ 1,465.00 275/80R22.5G MICHELIN XDA ENERGY (22700 LBS. GAWR) LONG / REGIONAL HAUL $ 895.00 275/80R22.5G MICHELIN X LINE ENERGY D (22700 LBS. GAWR) LONG / REGIONAL HAUL $ 855.00 275/80R22.5G MICHELIN XDA5+ (22700 LBS. GAWR) LONG / REGIONAL HAUL $ 665.00 275/80R22.5G MICHELIN XDN2 (22700 LBS. GAWR) LONG / REGIONAL HAUL $ 750.00 275/80R22.5G MICHELIN X LINE ENERGY Z (22700 LBS. GAWR) LONG / REGIONAL HAUL $ 715.00 275/80R22.5G MICHELIN X MULTI ENERGY D (22700 LBS. GAWR) REGIONAL HAUL $ 1,050.00 275/80R22.5G MICHELIN XZE2 (22700 LBS. GAWR) REGIONAL / URBAN USAGE $ 545.00 275/80R22.5H MICHELIN X LINE ENERGY Z (26440 LBS. GAWR) LONG / REGIONAL HAUL $ 875.00 275/80R24.5G MICHELIN XDA5+ (22700 LBS. GAWR) LONG / REGIONAL HAUL $ 600.00 275/80R24.5G MICHELIN XDN2 (22700 LBS. GAWR) LONG / REGIONAL HAUL $ 800.00 275/80R24.5G MICHELIN X LINE ENERGY Z (22700 LBS. GAWR) LONG / REGIONAL HAUL $ 750.00 285/75R24.5G BRIDGESTONE M726 EL A (20820 LBS. GAWR) LONG / REGIONAL HAUL $ 230.00 285/75R24.5G BRIDGESTONE M770 (22700 LBS. GAWR) LONG / REGIONAL HAUL $ 285.00 295/75R22.5G BRIDGESTONE M726 EL A (20280 LBS. GAWR) LONG / REGIONAL HAUL $ 75.00 295/75R22.5G BRIDGESTONE R268 (22700 LBS. GAWR) REGIONAL HAUL $ 95.00 295/75R22.5G CONTINENTAL HDR2 (22700 LBS. GAWR) REGIONAL HAUL $ 155.00 Steel spare rim, size No Bid Steel spare rim, size No Bid 7.0 BRAKE SYSTEM OPTIONS: VHXBVX 7.1 7.2 7.3 7.4 7.5 7.6 7.7 UWXB1X N/A UWXE3X 300AD0 N/A NSFAJX $ 48.00 nnc 7.8 Relocate air dryer 1 1 $ 272.00 1 $ 272.00 8.0 ENGINE/EXHAUST AND FUEL TANKS OPTIONS: (List Make & Model, H.P., torque of engine and exhaust and fuel tank options) 1017V0 8.1 8.2 8.3 8.4 8.5 8.6 8.7 8.8 8.9 8.10 1017V1 1017V2 1017V3 1017V5 1017V4 1017V6 1017W0 1017W1 1017W8 Wabco System Saver 1200 Plus heated air dryer 1 STD Manual cable drain valves on air tanks $ 27.00 Heated air tank No Bid Auto drain valves on air tanks, heated 1 $ 48.00 MGM type TR-T rear brake chambers $ 48.00 S.S. pins on slack adjuster yoke (2 ea. per yoke) For all air brake chambers No Bid Inverted rear brake chamber mounting in lieu of regular mounting No Bid VOLVO D11 325HP 2100RPM 1250 LBFT 1 STD VOLVO D11 355HP 210ORPM 1250 LBFT $ 1,230.00 VOLVO D11 365HP 210ORPM 1350 LBFT $ 1,675.00 VOLVO D11 385HP 210ORPM 1450 LBFT 1 $ 2,413.00 VOLVO D11 425HP 2100RPM 1550 LBFT $ 3,971.00 VOLVO D11 385HP 2100RPM 1450/1250 LBFT ECO-TORQUE PERF $ 2,413.00 VOLVO D11 425HP 2100RPM 1550/1350 LBFT ECO-TORQUE PERF $ 3,971.00 VOLVO D13 375HP 210ORPM 1450 LBFT $ 2,229.00 VOLVO D13 405HP 210ORPM 1450 LBFT $ 3,283.00 VOLVO D13 425HP 210ORPM 1550 LBFT $ 4,432.00 $ 2,413.00 20 1017X7 8.11 8.12 8.13 8.14 8.15 8.16 8.17 8.18 8.19 8.20 8.21 8.22 8.23 8.24 8.25 8.26 8.27 8.28 8.29 8.30 8.31 8.32 8.33 8.34 8.35 8.36 1017X8 1017Y7 1017W2 1017W9 1017X9 1017W3 1017W4 1017XO 1017X1 1017YO 1017Y1 1017Y8 232088 KOXC1X KOXD 1 X KOXC4X KOXC5X J8XATX J8XBXX J8XB1X J8XEJX J8XEWX J8XG1X JBZZ1234 KNXB2X 9.0 9.1 9.2 9.3 9.4 9.5 9.6 9.7 9.8 9.9 9.10 9.11 9.12 9.13 9.14 9.15 9.16 9.17 9.18 9.19 9.20 9.21 9.22 9.23 9.24 9.25 9.26 9.27 26X1XZ PJXMGX NA PJXMLX PJXMIX 810113 KWXA3X KWXA1A JVXDAX JVXBBX H9XK1X T1XA1X 208021 208025 KOXD1X 5NXAVX NA JRXA1X NA NA LCO01 HTXA8X VHXZZX K9XO9X UBXM1X UBXD1X UBXC1X VOLVO D13 435HP 2100RPM 1650 LBFT $ 4,994.00 VOLVO D13 455HP 210ORPM 1750 LBFT $ 5,649.00 VOLVO D13 500HP 210ORPM 1850 LBFT $ 7,129.00 VOLVO D13 405HP 2100RPM 1450/1650 LBFT DUAL -TORQUE $ 3,588.00 VOLVO D13 425HP 2100RPM 1450/1750 LBFT DUAL -TORQUE $ 4,736.00 VOLVO D13 455HP 2100RPM 1550/1850 LBFT DUAL -TORQUE $ 6,000.00 VOLVO D13 405HP 210ORPM 1650/1450 LBFT ECO-TORQUE PERF. $ 3,588.00 VOLVO D13 405HP 210ORPM 1650/1450 LBFT ECO-TORQUE ECON. $ 3,588.00 VOLVO D13 425HP 210ORPM 1750/1450 LBFT ECO-TORQUE PERF. $ 4,736.00 VOLVO D13 425HP 210ORPM 1750/1450 LBFT ECO-TORQUE ECON $ 4,736.00 VOLVO D13 455HP 2100RPM 1850/1550 LBFT ECO-TORQUE PERFORMANCE $ 6,000.00 VOLVO D13 455HP 210ORPM 1850/1550 LBFT ECO-TORQUE ECON $ 6,000.00 VOLVO D13 500HP 210ORPM 1850/1550 LBFT ECO-TORQUE PERF. $ 7,129.00 10' 0" ALUMINIZED STAINLESS VERTICAL STEEL SINGLE STACK 1 STD STRAIGHT END EXHAUST STACK $ 45.00 TURNED OUT EXHAUST EXTENSION integrated DPF and SCR $ 979.00 STRAIGHT STACK, SIDE OUTLET DIFFUSER BOX 1 STD STRAIGHT STACK, TOP OUTLET DIFFUSER BOX $ 45.00 50 GALLON LEFT HAND FUEL TANK $ 132.00 70 GALLON LEFT HAND FUEL TANK $ 132.00 75 GALLON LEFT HAND FUEL TANK STANDARD 1 STD 90 GALLON LEFT HAND FUEL TANK $ 560.00 100 GALLON LEFT HAND FUEL TANK $ 137.00 125 GALLON LEFT HAND FUEL TANK $ 301.00 22" DIA D SHAPED FUEL TANK **Required for CBOC** air tanks needs moved 1 $ 601.00 26" DIA D SHAPED FUEL TANK $ 186.00 ENGINE RELATED OPTIONS: Oil fill and dipstick EZ access $ 319.00 Delco 35 SI Brushless Alternator, 135 AMP 1 $ (44.00) Delco 24 SI Alternator, 130 AMP STD Delco 24 SI Alternator, 145 AMP $ (50.00) Leece-Neville Alternator, 145 AMP $ (35.00) 3 Volvo 760 CCA Maintenance Free 12V Batteries 2280 CCA $ 80.00 Dual element air cleaner $ 66.00 Donaldson Single Stage Air cleaner per spec 12.1 1 $ 32.00 Davco 382 fuel/water separator heated 1 $ 196.00 Non -heated fuel/water separator, RACOR 6903E_(Brand) $ 42.00 Coolant spin on filter/conditioner $ 67.00 Front engine powered take off adapter and radiator cut out $ 540.00 Air applied fan drive, KYSOR_(Brand) $ 329.00 Viscous fan drive $ 29.00 Curved exhaust pipe end $ 24.00 Engine block heater 1 $ 60.00 In line fuel heater No Bid In tank fuel heater $ 388.00 Fuel cooler No Bid Radiator bug screen 1 STD Stainless Steel Oil Pan 1 $ 1,900.00 Engine brake system 1 $ 950.00 Relocate air dryer $ 243.00 Extended life anti -freeze 1 $ 126.00 ENGINE MOUNTED HYDRAULIC PUMP PARKER F2-42/42 $ 2,724.00 ENGINE MOUNTED HYDRAULIC PUMP PARKER F1-81 $ 1,969.00 ENGINE MOUNTED HYDRAULIC PUMP PARKER F1-61 $ 1,881.00 $ $ 601.00 $ (44.00) $ 32.00 $ 196.00 $ 60.00 $ 1,900.00 $ 950.00 $ 126.00 21 T1XK1X 9.28 NCXD1X 9.29 JWXE1X 9.30 T1XA1X 9.31 NCXA5X 9.32 H9XK1X 9.33 REAR ENGINE MOUNTED PTO WITH SPLINED SHAFT GROOVE FEMALE DIN 5462 $ 349.00 VOLVO 12 V GEAR REDUCTION STARTER (MODEL 105P55) $ 92.00 HOOD MOUNTED AIR INTAKE WITH INSIDE/OUTSIDE AIR IN CAB CONTROL SNOW DOOR 1 $ 173.00 REAR ENGINE POWER TAKE OFF WITH FLANGE SAE 1410 $ 540.00 Starter motor options **DELCO REMY 12 39MTHD STARTER $ 98.00 1240 SQ IN RADIATOR 2 ROW CORE 1 1 $ 225.00 lo.o TRANSMISSION OPTIONS: (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. NA 10.1 250090 10.2 RBXA1A 10.3 NA 10.4 NA 10.5 Loc002 10.6 NA 10.7 270707 10.8 270708 110.9 270711 10.10 270714 10.11 2 plate 14" ceramic clutch option for manual transmission No Bid 2 plate 15'/2" ceramic clutch option for manual transmission No Bid External grease fitting for throw out bearing $ 103.00 Adjustment free option for 2 plate clutches STD Synthetic (TranSynd) lubrication for Automatic Transmission 1 $ 145.00 Stainless Steel Transmission cooler lines 1 $ 1,950.00 Synthetic lubrication for Manual Transmission STD AW&AT101 VIOX111 Col Ji Fell 1 :1 U ►Vi /e10 [IL1 a 1:7e10 G1 Ji I LM [01►1 V VOLVO I -SHIFT FOR SEVERE DUTY, AT2612F DIRECT DRIVE, 12 SPEED $ 2,344.00 VOLVO I -SHIFT FOR SEVERE DUTY, AT02612F, 12 SPEED $ 2,344.00 VOLVO I -SHIFT WITH CRAWLER, AT02612F, 13 SPEED $ 4,566.00 VOLVO I -SHIFT WITH ULTRA -LOW CRAWLER, AT02612F, 14 SPEED $ 4,566.00 270721 10.12 10.13 10.17 10.18 10.19 10.21 10.22 10.23 10.24 10.25 10.26 10.27 10.28 270722 270733 270734 270735 270737 270738 270739 270740 270743 270744 270747 270748 270762 10.29 10.30 10.31 10.32 10.34 10.35 10.36 10.37 10.38 270765 270768 270769 TKXB1X TKXC1X T4XAKX T4XDMX T4XF 1 X ********** MANUAL TRANSMISSIONS EATON FULLER ADVANTAGE FA015810C, 10 SPEED $ 989.00 EATON FULLER ADVANTAGE FA016810C, 10 SPEED $ 1,103.00 EATON FULLER FRO-15210C, 10 SPEED $ (257.00) EATON FULLER FRO-16210C, 10 SPEED $ 561.00 EATON FULLER FRO-17210C, 10 SPEED $ 899.00 EATON FULLER RTO-14908LL, 10 SPEED $ 1,262.00 EATON FULLER RTO-16908LL, 10 SPEED $ 1,358.00 EATON FULLER RTO-14909ALL, 11 SPEED $ 1,826.00 EATON FULLER RTO-16909ALL, 11 SPEED $ 1,928.00 EATON FULLER RTLO-16913A, 13 SPEED $ 1,239.00 EATON FULLER RTLO-18913A, 13 SPEED $ 1,755.00 EATON FULLER RTLO-16918B, 18 SPEED $ 1,826.00 EATON FULLER RTLO-18918B, 18 SPEED $ 1,826.00 ***** FULLY AUTOMATIC TRANSMISSIONS ALLISON 3000 RDS SERIES 5 SPEED WITH PTO PROVISION - SCAAN REQUIRED BEFORE ORDERING $3,113.00 ALLISON 4000 RDS SERIES 6 SPEED WITH PTO PROVISION - SCAAN REQUIRED BEFORE ORDERING $7,410.00 ALLISON 4500 RDS SERIES 5 SPEED WITH PTO PROVISION - SCAAN REQUIRED BEFORE ORDERING $7,586.00 ALLISON 4500 RDS SERIES 6 SPEED WITH PTO PROVISION - SCAAN REQUIRED BEFORE ORDERING 1 $ 8,086.00 UPGRADE DRIVELINE ONE SIZE $ 107.00 UPGRADE DRIVELINE TWO SIZES $ 127.00 REAR TRANSMISSION PTO, SAE 1310 FLANGE LOW SPEED $ 2,513.00 REAR TRANSMISSION PTO, DIN -CONNECTION PUMP MEDIUM SPEED $ 2,108.00 REAR TRANS PTO, HEAVY DUTY, SAE 1350 / 1410 FLANGE HIGH SPEED $ 2,053.00 $ 173.00 $ 225.00 $ 145.00 $ 1,950.00 $ 8,086.00 22 T4XH1X T4XJ1X T4XG1X T4XD5X RVXH5X RVXH4X INTER NA NA NA L1XB1X NFXD1X NZZD1X 5RXA1X LSXG1X NA NA NPXB1X NZZACZ NJXAAX NZZAAX EAXABX NZZABZ LZXD1X NA EDXB1X 3GXB1X NA 3GXC1 X NA NA 9801S0 955043 955040 955041 9811 C2 2DX30X 28XC1X NA NA NA 4NXZ1X 65XA1X NA 10.39 10.40 10.41 10.42 10.43 10.44 10.45 REAR DOUBLE TRANS PTO, HEAVY DUTY, (1) SAE 1350 / 1410 FLANGE HIGH SPEED + (1) DIN -CONNECTION PUMP HIGH SPEED $ 2,399.00 REAR TRIPLE TRANSPTO, HEAVY DUTY, 1SAE 1310 FLANGE LOW SPEED + (1) SAE 1350/1410 FLANGE HIGH SPEED + (1) DIN- CONN. PUMP HIGH SPEED $ 3,184.00 REAR DOUBLE TRANS PTO, HEAVY DUTY, (2) DIN-CONN. PUMPS HIGH SPEED $ 1,864.00 TRANSMISSION PTO PREP ELECTRIC / AIR SOLENOID $ 25.00 GEAR SHIFT LEVER, PREMIUM, I -Shift $ 25.00 GEAR SHIFT LEVER, DASH MOUNTED, PREMIUM, VOLVO I -SHIFT $ 145.00 Local Change to Allison Programming - Performance Mode $ 1,450.00 11.0 ELECTRICAL OPTIONS: 11.1 11.2 11.3 11.4 11.5 11.6 11.7 11.8 11.11 11.12 11.13 11.14 Resettable circuit breaker electrical protection No Bid Automatic reset circuit breakers No Bid Solid state circuit protection No Bid Circuit box under hood or end of frame, each No Bid Battery disconnect off negative side in cab control 1 $ 10.00 Remote jump start terminals $ 345.00 Back up alarm (Preco Factory Model) 1 $ 23.00 OEM daytime running lights 1 STD Battery box aft of cab $ 178.00 Grote 44710 flasher No Bid Signal Stat 935 turn signal per Spec 12.6 1 STD Auxiliary customer access circuits 1 STD Switch for snowplow lights mounted on instrumental panel. Includes wiring terminated near headlights, for customer mounted auxiliary snowplow lights. 1 $ 78.00 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 -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 Vehicle speed sensor with speed signal at fuse panel for sander ground speed control system. 1 $ 456.00 12.0 CAB EXTERIOR OPTIONS: 12.2 12.3 12.4 12.5 12.6 12.7 12.8 12.9 12.10 12.11 12.12 12.13 12.14 12.15 12.16 12.17 12.18 12.19 12.20 12.21 12.22 Air horns, dual, round, with snow shields $ 165.00 Dual rectangular air horns 1 $ 165.00 Fender mirrors per Spec 12.4 $ 68.00 Heated mirrors per Spec 12.5 1 $ 99.00 Remote control for R.H. mirror No Bid Remote control for dual mirrors 1 $ 167.00 Upcharge for cab extension or larger cab No Bid Severe duty aluminum cab option No Bid Dupont Highway orange paint or equal $ 249.00 Premium paint color option $ 138.00 Imron paint option STD Imron and clear coat paint option 1 $ 152.00 Top of hood painted flat black $ 467.00 Cab Air Ride Suspension 1 STD Tilting hood per Spec 12.8 1 $ 367.00 Butterfly option on hood $ 378.00 Transverse hood opening w/setback axle No Bid Front fender mounted turn signals No Bid Cab visor, external, painted to match cab color 1 $ 185.00 Front fender extensions 1 $ 85.00 Front fender mud flaps 1 $ 22.00 $ 10.00 $ 23.00 $ 78.00 $ 663.00 $ 456.00 $ 165.00 $ 99.00 $ 167.00 $ 152.00 $ 367.00 $ 185.00 $ 85.00 $ 22.00 23 D2XB1X 12.23 12.24 12.25 12.26 12.27 12.28 12.29 12.30 12.31 12.32 NA 20XB1X NA NA 4EXB1X 6PXB1X 3FX49X EDXB7X WTXA1X 13.0 13.1 13.2 13.3 13.4 13.5 13.6 13.7 13.8 13.9 13.10 13.11 13.12 13.13 13.14 13.15 13.16 13.17 13.18 13.19 540068 540070 NA 2XX30X 2XX35X MC NA NA 571018 CCXB1X NA NA NA 5JXA1X 2WXA1X 2WZZ1X 2WXA1X WPXA1X 540066 13.22 13.23 13.24 13.25 13.26 13.27 13.28 13.29 13.30 13.31 13.32 13.33 13.34 13.35 13.36 13.38 13.39 13.40 540068 540067 540070 540069 540072 540071 35XD1X 35XB1X 35XH1X 3YXF2X 3YXG8X 3YXG9X 3YXJ 1 X 32X40X 32XF3X 32XG8X Arctic winter wiper blades 1 $ 17.00 Optional windshield washer tank No Bid Per truck charge for all trucks, key identical $ 25.00 RH observation prism window in door No Bid Spotlight LH, RH, or roof mounted each No Bid Front tow hooks $ 231.00 Rear tow hooks $ 85.00 BLACK AERODYNAMIC EXTERIOR MIRRORS 1 $ 146.00 Heated fender mirrors 1 $ 446.00 HEATED WINDSHIELD 1 $ 210.00 CAB INTERIOR OPTIONS: $ 17.00 $ 146.00 $ 446.00 $ 210.00 Medium grade interior trim package $ 110.00 $ - Premium grade interior trim package 1 $ 150.00 $ 150.00 Round universal gauge package 1 STD Power window, passenger side $ 81.00 $ - Power window/both passenger and driver window 1 $ 150.00 $ 150.00 O.E.M factory installed, AM/FM 1 STD O.E.M factory installed, air conditioning **STANDARD 1 STD Cab mounted non-resettable hour meter **STANDARD 1 STD Dash mounted air cleaner air restriction gauge $ 78.00 $ - Transmission temp gauges 1 $ 79.00 $ 79.00 Windshield defroster fan w/switch dash mounted STD Between seats mounted console $ 16.00 $ - Transmission oil sensor (check & fill) 1 STD CB hot jacks dash mounted 1 $ 26.00 $ 26.00 Tilt & telescope steering wheel 1 $ 190.00 $ 190.00 Tilt steering wheel 1 STD SRS DRIVER SIDE AIR BAG IN STEERING WHEEL $ 138.00 $ - TRACTION CONTROL ADDED TO ABS 1 $ 138.00 $ 138.00 Self canceling turn signals 1 STD List seating options for driver and passenger seats. Use as many options as you need to offer seat variations customers have been buying. **********INTERIOR TRIM LEVELS X1 WREN VINYL TRIM PACKAGE STD X2 Raven Cloth TRIM PACKAGE $120.00 X3 WREN CLOTH WITH MIGRATION PATTERN $120.00 X4 RAVEN MORDURA CLOTH $195.00 X5 WREN VINYL / WREN CLOTH 1 $ 195.00 X7 WREN LEATHER $345.00 X6 WREN LEATHER / WREN CLOTH WITH ORANGE ACCENT $195.00 SEAT MANUFACTURER NATIONAL SEAT 1 STD BOSTROM SEAT $ 50.00 SEARS SEAT $ 55.00 DRIVER SEAT TYPE AIR SUSPENSION HIGH BACK $ 35.00 COMFORT AIR SUSPENSION HIGH BACK 1 $ 69.00 COMFORT AIR SUSPENSION HIGH BACK, HEATED $ 112.00 COMFORT AIR SUSPENSION HIGH BACK WITH BACK CYCLER $ 25.00 PASSENGER SEAT TYPE STATIONARY BENCH SEAT WITH TOOL BOX $ 375.00 AIR SUSPENSION HIGH BACK $ 148.00 COMFORT AIR SUSPENSION HIGH BACK 1 $ 214.00 $ 195.00 $ 69.00 $ 214.00 24 32XG9X 32XJ1X 32X99X 3PXZ1X 3PXA1X 3PXA5X 3PXC1X 3PXC5X K7AA1X K7AC1X OUXA1X OUXC1X OUXD1X OXXA1X OXXA2X OXXA7X M510Z1 M51131 M51141 M511B1 M511 F1 511G1 M53083 M530Y3 M53103 M53083 M530Y3 M53103 M54174 M54184 N/A M560A6 M59089 M60080 M61071 13.41 13.42 13.42 13.43 13.43 13.43 13.43 13.43 13.44 13.45 13.46 13.47 13.48 13.49 13.50 13.51 COMFORT AIR SUSPENSION HIGH BACK, HEATED $ 228.00 COMFORT AIR SUSPENSION HIGH BACK WITH BACK CYCLER $ 368.00 NO PASSENGER SEAT PROVIDED $ (58.00) SEAT ARMREST NO SEAT ARMREST PROVIDED $ (5.00) INBOARD DRIVER SEAT ARMREST $ 19.00 INBOARD / OUTBOARD DRIVER SEAT ARMREST $ 38.00 INBOARD DRIVER AND PASS SEAT ARMREST $ 38.00 INBOARD / OUTBOARD DRIVER AND PASSENGER SEAT ARMREST 1 $ 76.00 SAFETY BELT LENGTH STANDARD SAFETY BELT LENGTH 1 STD EXTENDED SAFETY BELT LENGTH $ 50.00 SAFETY BELT DRIVER SEAT SAFETY BELT DRIVER SEAT, BLACK STD SAFETY BELT DRIVER SEAT, ORANGE 1 $ 8.00 SAFETY BELT DRIVER SEAT, LIME GREEN $ 10.00 SAFETY BELT PASSENGER SEAT SAFETY BELT PASSENGER SEAT, BLACK STD SAFETY BELT PASSENGER SEAT, ORANGE 1 $ 8.00 SAFETY BELT PASSENGER SEAT, LIME GREEN $ 10.00 14.0 MN/DOT OPTIONS: 14.1 14.2 14.3 14.4 14.5 14.6 14.7 14.8 14.9 14.10 14.11 14.12 MEN 14.14 14.15 14.15 14.16 14.17 14.18 14.19 14.20 14.21 MC 15.1 MC 15.2 Additional warranty coverage per spec 12.9 Engine Plan 2 60 months 250,000 miles $ 2,910.00 Engine Plan 2 72 months 250,000 miles $ 4,690.00 Engine Plan 2 84 months 250,000 miles $ 6,270.00 Engine Plan 2 60 months 250,000 miles - HP over 460 horses $ 4,308.00 Engine Plan 2 72 months 250,000 miles - HP over 460 horses $ 6,961.00 Engine Plan 2 84 months 250,000 miles - HP over 460 horses $ 9,414.00 Engine after -treatment systems (EATS) 60 months 250,000 miles $ 942.00 Engine after -treatment systems (EATS) 72 months 250,000 miles $ 1,708.00 Engine after -treatment systems (EATS) 84 months 250,000 miles $ 2,274.00 Engine after -treatment systems (EATS) 60 months 250,000 miles - HP over 460 horses $ 1,566.00 Engine after -treatment systems (EATS) 72 months 250,000 miles - HP over 460 horses $ 2,087.00 Engine after -treatment systems (EATS) 84 months 250,000 miles - HP over 460 horses $ 2,408.00 iShift HD Transmission 48 months 500,000 miles $ 2,166.00 iShift HD Transmission 60 months 500,000 miles $ 3,216.00 Allison 60 month unlimited mileage Extended Warranty $ 1,312.00 HVAC (Air Conditioning) 60 months $ 840.00 Starter 60 months 300,000 miles $ 282.00 Alternator 60 months 300,000 miles $ 324.00 Starter & Alternator 60 months 300,000 miles $ 438.00 Prebuild specification meeting (per person) to be held in St. Paul/Minneapolis area. $ 1.00 Pilot inspection meeting (per person). $ 2,250.00 TRAILER TOW OPTIONS: Trailer tow package extended to rear of frame 1 1 $ 636.00 Trailer package extend to rear of frame per Spec 12.12 1 1 $ 947.00 MANUALS / INTEREST FEE: $ 76.00 $ 8.00 25 Percent interest per month (non -compounding) on unpaid cab chassis balance. Applies only to CPV Members. (Payable after trade-in is 16.o 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 $ - Delivery Charges: 17.0 Price per loaded mile Starting Point 17.1. Roseville $ 2.50 $ Maintenance/ Body Shop Labor rates 18.o Rate for Initial Inspection/Diagnostic $ 195.00 $ - 18.1 Rate for Mechanical Work $ 195.00 $ - 18.2 Rate for Body Work $ 195.00 $ - Quantity Discounts: Enter the number of units that must be purchased and the corresponding discount offered to the purchaser. More than one 19.0 quantity discount may be entered. $ - Next Model Year Upcharges 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 City of Golden Valley 03-04-25 Roslyn Harmon, Mayor Noah Schuchman, City Manager 26 i TRUCKEQU/PMENT Reference No. TOWMASTER, 61301 US HWY 12, LITCHFIELD, MN 55355 QT 93690 PH:320-693-7900 FX:320-693-7921 TF:000-462-4517 TOWMASTERTRUCK.COM ** QUOTATION ** Ship To: Cust: 3001 Phone: Bill To: Phone: GOLDEN VALLEY, CITY OF GOLDEN VALLEY, CITY OF 7800 GOLDEN VALLEY RD 7800 GOLDEN VALLEY RD GOLDEN VALLEY MN 55427 USA GOLDEN VALLEY MN 55427 ATTN: MARSHALL BUEGEN Poft Salesman Terms Created Last Revised Appx Comp CHRIS GUGGEMOS NET 30 DAYS 2/03/25 2/04/25 0/00/00 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 gals 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) City of Golden Valley 03-04-25 Roslyn Harman, Mayor Noah Schuchman, City Manager TRKQT3MOD022324 Price: $ 2 8, 4 21 . 0 0 Total Discounts: Net Cost: $28, 421 . 00 Freight Total: $28 , 421 - 00 27 General Terms and Conditions for the Sale of Goods by Subsidiaries of ASH North America, Inc 1. SCOPE AND VALIDITY 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 Sellers 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 Customers 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 Customers acceptance of theseTerms. 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 Sellers receipt of such Order. 2.3. Seller may refuse an Order for any or no reason. No Order is binding upon Seller until Sellers 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 Sellers 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 Sellers costs and Status 2024 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 Sellers prior written approval. Customer shall bear all costs resulting from such requests.ln 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 Sellers 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 Customers 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 Sellers 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 applied to pay for Sellers 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 Customers receipt of written notice of delinquency from Seller. 5. SECURITY INTEREST 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 Customers 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 Sellers 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-a-vis any of Customer's creditors, and hereby irrevocably grants to Seller a power of attorney to execute all necessarystatements or documents in Customers 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. 6. OBLIGATIONS OF CUSTOMER 6.1. Customer shall use the Products solely for their intended purpose and pursuant to Sellers 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 Sellers 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. Customers 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 Customers 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 Sellers 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 Sellers prior written approval. If the return has been approved by Seller, Customer shall return the Products to Seller at Customers 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 Customers 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 Customers 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 Sellers recommendations, instructions, or directions, (d) acts or omissions of Customer or third parties following delivery of the Product, (a) Customers failure to properly communicate Sellers instructions and warnings to users of the Products, (f) Customers, 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 9.4. In the event of an alleged breach of the Limited Product Warranty (a "Defect"), Customer shall, at Customers 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 Customers 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 NON INFRINGEMENT. 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 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 eWHETHER BASED UPON CONTRACT, TORT, EQUITY, NEGLIGENCE, OR ANY OTHER LEGAL CONCEPT a 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 Customers 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 Sellers recommendations, instructions, or directions, (d) acts or omissions of Customer or third parties following the delivery of the Products, (e) Cus 0tomer"s failure to properly communicate Sellers instructions and warnings to users of the Products, or (f) Customers, 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. 11. CONFIDENTIALITY 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 Sellers 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. 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 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 Sellers prior written consent. 14.3. Sellers 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 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. 16. APPLICABLE LAW AND JURISDICTION 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. 31 i TRUCK EQU/PME/VT TOWMASTER, 61301 US HWY 12, LITCHFIELD, MN 55355 PH:320-693-7900 FX:320-693-7921 TF:000-462-4517 TOWMASTERTRUCK.COM ** QUOTATION ** Reference No. QT 73250 Ship To: Cust: 3001 Phone: Bill To: Phone: GOLDEN VALLEY, CITY OF GOLDEN VALLEY, CITY OF 7800 GOLDEN VALLEY RD 7800 GOLDEN VALLEY RD GOLDEN VALLEY MN 55427 USA GOLDEN VALLEY MN 55427 ATTN: MARSHALL BEUGEN Poft Salesman Terms Created Last Revised Appx Comp TIM ERICKSON NET 30 DAYS 5/05/22 2/04/25 0/00/00 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 --- Accepted by Date Price: Total Discounts: Net Cost: TRKQT3MOD022324 Freight Total: 32 i TRUCK EQU/PME/VT TOWMASTER, 61301 US HWY 12, LITCHFIELD, MN 55355 PH:320-693-7900 FX:320-693-7921 TF:000-462-4517 TOWMASTERTRUCK.COM ** QUOTATION ** Reference No. QT 73250 Ship To: Cust: 3001 Phone: Bill To: Phone: GOLDEN VALLEY, CITY OF GOLDEN VALLEY, CITY OF 7800 GOLDEN VALLEY RD 7800 GOLDEN VALLEY RD GOLDEN VALLEY MN 55427 USA I GOLDEN VALLEY MN 55427 ATTN: MARSHALL BEUGEN Poft Salesman Terms Created Last Revised Appx Comp TIM ERICKSON NET 30 DAYS 5/05/22 2/04/25 0/00/00 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 TMTEISSM-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 ---* Accepted by Date Price: Total Discounts: Net Cost: TRKQT3MOD022324 Freight Total: 33 i TRUCKEQU/PMENT Reference No. TOWMASTER, 61301 US HWY 12, LITCHFIELD, MN 55355 QT 73250 PH:320-693-7900 FX:320-693-7921 TF:000-462-4517 TOWMASTERTRUCK.COM ** QUOTATION ** Ship To: Cust: 3001 Phone: Bill To: Phone: GOLDEN VALLEY, CITY OF GOLDEN VALLEY, CITY OF 7800 GOLDEN VALLEY RD 7800 GOLDEN VALLEY RD GOLDEN VALLEY MN 55427 USA GOLDEN VALLEY MN 55427 ATTN: MARSHALL BEUGEN Poft Salesman Terms Created TIM ERICKSON NET 30 DAYS 5/05/22 Last Revised 2/04/25 Appx Comp 0/00/00 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 --- Accepted by Date Price: Total Discounts: Net Cost: Freight Total: TRKQT3MOD022324 34 i TRUCK EQU/PME/VT TOWMASTER, 61301 US HWY 12, LITCHFIELD, MN 55355 PH:320-693-7900 FX:320-693-7921 TF:000-462-4517 TOWMASTERTRUCK.COM ** QUOTATION ** Reference No. QT 73250 Ship To: Cust: 3001 Phone: Bill To: Phone: GOLDEN VALLEY, CITY OF GOLDEN VALLEY, CITY OF 7800 GOLDEN VALLEY RD 7800 GOLDEN VALLEY RD GOLDEN VALLEY MN 55427 USA GOLDEN VALLEY MN 55427 ATTN: MARSHALL BEUGEN Poft Salesman Terms Created TIM ERICKSON NET 30 DAYS 5/05/22 Last Revised 2/04/25 Appx Comp 0/00/00 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 ---* Accepted by Date Price: Total Discounts: Net Cost: TRKQT3MOD022324 Freight Total: 35 i TRUCKEQU/PMENT Reference No. TOWMASTER, 61301 US HWY 12, LITCHFIELD, MN 55355 QT 73250 PH:320-693-7900 FX:320-693-7921 TF:000-462-4517 TOWMASTERTRUCK.COM ** QUOTATION ** Ship To: Cust: 3001 Phone: Bill To: Phone: GOLDEN VALLEY, CITY OF GOLDEN VALLEY, CITY OF 7800 GOLDEN VALLEY RD 7800 GOLDEN VALLEY RD GOLDEN VALLEY MN 55427 USA GOLDEN VALLEY MN 55427 ATTN: MARSHALL BEUGEN Poft Salesman Terms Created TIM ERICKSON NET 30 DAYS 5/05/22 Last Revised 2/04/25 Appx Comp 0/00/00 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 Accepted by Date *--- Continued ---* Price: Total Discounts: Net Cost: Freight Total: TRKQT3MOD022324 36 i TRUCK EQU/PME/VT TOWMASTER, 61301 US HWY 12, LITCHFIELD, MN 55355 PH:320-693-7900 FX:320-693-7921 TF:000-462-4517 TOWMASTERTRUCK.COM ** QUOTATION ** Reference No. QT 73250 Ship To: Cust: 3001 Phone: Bill To: Phone: GOLDEN VALLEY, CITY OF GOLDEN VALLEY, CITY OF 7800 GOLDEN VALLEY RD 7800 GOLDEN VALLEY RD GOLDEN VALLEY MN 55427 USA GOLDEN VALLEY MN 55427 ATTN: MARSHALL BEUGEN Poft Salesman Terms Created TIM ERICKSON NET 30 DAYS 5/05/22 Last Revised 2/04/25 Appx Comp 0/00/00 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. City of Golden Valley 03-04-25 Roslyn Harman, Mayor Price: Total Discounts: Net Cost: $202,920.00 $202,920.00 Freight Noah Schuchman, City Manager Total: TRKQT3MOD022324 $202,920.00 37 General Terms and Conditions for the Sale of Goods by Subsidiaries of ASH North America, Inc 1. SCOPE AND VALIDITY 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 Sellers 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 Customers 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 Customers acceptance of theseTerms. 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 Sellers receipt of such Order. 2.3. Seller may refuse an Order for any or no reason. No Order is binding upon Seller until Sellers 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 Sellers 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 Sellers costs and Status 2024 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 Sellers prior written approval. Customer shall bear all costs resulting from such requests.ln 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 Sellers 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 Customers 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 Sellers 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 applied to pay for Sellers 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 Customers receipt of written notice of delinquency from Seller. 5. SECURITY INTEREST 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 Customers 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 Sellers 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-a-vis any of Customer's creditors, and hereby irrevocably grants to Seller a power of attorney to execute all necessarystatements or documents in Customers 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. 6. OBLIGATIONS OF CUSTOMER 6.1. Customer shall use the Products solely for their intended purpose and pursuant to Sellers 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 Sellers 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. Customers 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 Customers 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 Sellers 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 Sellers prior written approval. If the return has been approved by Seller, Customer shall return the Products to Seller at Customers 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 Customers 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 Customers 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 Sellers recommendations, instructions, or directions, (d) acts or omissions of Customer or third parties following delivery of the Product, (a) Customers failure to properly communicate Sellers instructions and warnings to users of the Products, (f) Customers, 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 9.4. In the event of an alleged breach of the Limited Product Warranty (a "Defect"), Customer shall, at Customers 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 Customers 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 NON INFRINGEMENT. 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 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 eWHETHER BASED UPON CONTRACT, TORT, EQUITY, NEGLIGENCE, OR ANY OTHER LEGAL CONCEPT a 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 Customers 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 Sellers recommendations, instructions, or directions, (d) acts or omissions of Customer or third parties following the delivery of the Products, (e) Cus 0tomer"s failure to properly communicate Sellers instructions and warnings to users of the Products, or (f) Customers, 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. 11. CONFIDENTIALITY 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 Sellers 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. 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 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 Sellers prior written consent. 14.3. Sellers 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 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. 16. APPLICABLE LAW AND JURISDICTION 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. 41 i TRUCKEQU/PMENT Reference No. TOWMASTER, 61301 US HWY 12, LITCHFIELD, MN 55355 QT 93321 PH:320-693-7900 FX:320-693-7921 TF:000-462-4517 TOWMASTERTRUCK.COM ** QUOTATION ** Ship To: Cust: 3001 Phone: Bill To: Phone: GOLDEN VALLEY, CITY OF GOLDEN VALLEY, CITY OF 7800 GOLDEN VALLEY RD 7800 GOLDEN VALLEY RD GOLDEN VALLEY MN 55427 USA GOLDEN VALLEY MN 55427 ATTN: MARSHALL BUEGEN Poft Salesman Terms Created Last Revised Appx Comp CHRIS GUGGEMOS NET 30 DAYS 1/23/25 2/03/25 0/00/00 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 --- Accepted by Date Price: Total Discounts: Net Cost: Freight Total: TRKQT3MOD022324 42 i TRUCK EQU/PME/VT TOWMASTER, 61301 US HWY 12, LITCHFIELD, MN 55355 PH:320-693-7900 FX:320-693-7921 TF:000-462-4517 TOWMASTERTRUCK.COM ** QUOTATION ** Reference No. QT 93321 Ship To: Cust: 3001 Phone: Bill To: Phone: GOLDEN VALLEY, CITY OF GOLDEN VALLEY, CITY OF 7800 GOLDEN VALLEY RD 7800 GOLDEN VALLEY RD GOLDEN VALLEY MN 55427 USA GOLDEN VALLEY MN 55427 ATTN: MARSHALL BUEGEN Poft Salesman Terms Created Last Revised Appx Comp CHRIS GUGGEMOS NET 30 DAYS 1/23/25 2/03/25 0/00/00 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 City of Golden Valley 03-04-25 Roslyn Harman, Mayor Price: Total Discounts: Net Cost: $44,766.00 $44,766.00 Freight Noah Schuchman, City Manager Total: TRKQT3MOD022324 $44,766.00 43 General Terms and Conditions for the Sale of Goods by Subsidiaries of ASH North America, Inc 1. SCOPE AND VALIDITY 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 Sellers 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 Customers 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 Customers acceptance of theseTerms. 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 Sellers receipt of such Order. 2.3. Seller may refuse an Order for any or no reason. No Order is binding upon Seller until Sellers 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 Sellers 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 Sellers costs and Status 2024 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 Sellers prior written approval. Customer shall bear all costs resulting from such requests.ln 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 Sellers 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 Customers 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 Sellers 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 applied to pay for Sellers 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 Customers receipt of written notice of delinquency from Seller. 5. SECURITY INTEREST 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 Customers 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 Sellers 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-a-vis any of Customer's creditors, and hereby irrevocably grants to Seller a power of attorney to execute all necessarystatements or documents in Customers 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. 6. OBLIGATIONS OF CUSTOMER 6.1. Customer shall use the Products solely for their intended purpose and pursuant to Sellers 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 Sellers 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. Customers 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 Customers 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 Sellers 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 Sellers prior written approval. If the return has been approved by Seller, Customer shall return the Products to Seller at Customers 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 Customers 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 Customers 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 Sellers recommendations, instructions, or directions, (d) acts or omissions of Customer or third parties following delivery of the Product, (a) Customers failure to properly communicate Sellers instructions and warnings to users of the Products, (f) Customers, 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 9.4. In the event of an alleged breach of the Limited Product Warranty (a "Defect"), Customer shall, at Customers 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 Customers 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 NON INFRINGEMENT. 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 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 eWHETHER BASED UPON CONTRACT, TORT, EQUITY, NEGLIGENCE, OR ANY OTHER LEGAL CONCEPT a 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 Customers 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 Sellers recommendations, instructions, or directions, (d) acts or omissions of Customer or third parties following the delivery of the Products, (e) Cus 0tomer"s failure to properly communicate Sellers instructions and warnings to users of the Products, or (f) Customers, 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. 11. CONFIDENTIALITY 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 Sellers 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. 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 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 Sellers prior written consent. 14.3. Sellers 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 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. 16. APPLICABLE LAW AND JURISDICTION 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. pity °f Ift FXECUTIVE SUMMARY golden valle Pubic 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 2022 UW56 Bobcat Toolcat VCI 761 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-CECI Bobcat T76 Compact Track Loader I 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 BURNSVILLE LITTLE CANADA HUDSON ST. CROIX FALLS Highway 13 E 7Minnesota Avenue 588 outpost Circle 2018 US Highway 8 Burnsville, N M55337 Little Canada, MN 55117 Hudson, WI 54016 St. Croix, Falls WI 54024 (952)894-0894 (651)407-3727 (715)531-0801 (715)557-6010 Fax(952) 894-5759 Fax (651) 683-2476 Fax (715) 531-0805 Fax(715) 483-7095 Sales •Rentals www.tristatebobcat.com Ship To: SAME AS BELOW Invoice To: CITY OF GOLDEN VALLEY 7800 GOLDEN VALLEY RD GOLDEN VALLEY MN 55427-4508 Branch Date 02 04 2025 Time 14:47:42 O Page 1 Account No. 15165 Phone No. 7635933981 Invoice 60. �014358 Ship Via Purchase Order 416005190 Salesperson JQ EQUIPMENT QUOTE • NOT AN INVOICE Description ** Q U O T E ** EXPIRY DATE: 02/28/2025 Stock #: ? Serial 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 PRICING 'PER '''SOURCEWELL CONTRACT# 020223-CEC Amount 20589.16 City of Golden Valley 03-04-25 Roslyn Harmon, Mayor Noah Schuchman, City Manager 50 BURNSVILLE LITTLE CANADA HUDSON ST. CROIX FALLS Highway 13 E 71 Minnesota Avenue 588 outpost Circle 2018 US Highway 8 Burnsville, MN 55337 Little Canada, MN 55117 Hudson, WI 54016 St. Croix, Falls WI 54024 (952)894-0894 (651)407-3727 (715)531-0801 (715)557-6010 Fax(952) 894-5759 Fax (651) 683-2476 Fax (715) 531-0805 Fax(715) 483-7095 Sales •Rentals www.tristatebobcat.com Ship To: SAME AS BELOW Invoice To: CITY OF GOLDEN VALLEY 7800 GOLDEN VALLEY RD GOLDEN VALLEY MN 55427-4508 Branch Date 01 29 2025 Time 12:05:31 O Page 1 Account No. 15165 Phone No. 7635933981 Invoice 65. �014291 Ship Via Purchase Order 416005190 Salesperson JQ EQUIPMENT QUOTE • NOT AN INVOICE Description ** Q U O T E ** EXPIRY DATE: 02/28/2025 Amount Stock #: ? Serial #: NEW 2025 BOBCAT T76 T4 COMPACT TRACK LOADER ****INCLUDING THE FOLLOWING OPTIONS**** Comfort Package Includes: -Enclosed HVAC Cab -Radio -Adjustable Heated Cloth Air Ride Seat -- -Power Bob -Tack -Premium LED Lights -Keyless Start -Two-Speed Travel -7-Pin Attachment Control -Dual Direction Bucket Positioning -Rear Camera -Sound Reduction 7" Touch Display 17.7" C-Pattern Rubber Track 5-Link Torsion Suspension Undercarriage High -Flow Hydraulics Trade Ins Serial #: B4SB3295`9 2023 T66 BOBCAT 328 hours 30% track life remaining ADDITIONAL PARTS ---------------- ---------------- 80" SRV DTY BKT 7326129 Qty: 1 Price: 2037.56 80" CUT EDGE 6718008 1 300.00 FREIGHT DEALER PREP Miscellaneous Charges/Credits ----------------------------- ----------------------------- Qty: 1 Price: 1827.00 1 350.00 72380.00 57853.29 - 2037.56 300.00 1827.00 350.00 51 ..■..ICI Sales •Rentals www.tristatebobcat.com Ship To: SAME AS BELOW Invoice To: CITY OF GOLDEN VALLEY 7800 GOLDEN VALLEY RD GOLDEN VALLEY MN 55427-4508 BURNSVILLE LITTLE CANADA HUDSON 1200 Highway 13 E 71 Minnesota Avenue 588 Outpost Circle Burnsville, MN 55337 Little Canada, MN 55117 Hudson, WI 54016 (952)894-0894 (651)407-3727 (715)531-0801 Fax(952) 894-5759 Fax (651) 683-2476 Fax (715) 531-0805 ST. CROIX FALLS 2018 US Highway 8 St. Croix, Falls WI 54024 (715)557-6010 Fax(715) 483-7095 Branch Date 01 29 2025 Time 12:05:31 O Page 2 Account No. 15165 Phone No. 7635933981 Invoice 65. �014291 Ship Via Purchase Order 416005190 Salesperson JQ EQUIPMENT QUOTE • NOT AN INVOICE Description ** Q U O T E ** EXPIRY DATE: 02/28/2025 Amount Authorization: SOURCEWELL CONTRACT# 020223-CEC Subtotal: 19041.27 Quote Total: 19041.27 City of Golden Va Iley 03-04-25 n Harman, Mayor Noah Schuchman, City Manager 52 --BURNSVILLE �_ AN! 41� urns Highway 13 E Burnsville, MN 55337 LITTLE CANADA 7l Minnesota Avenue Little Canada, MN 55117 HUDSON 588 outpost Circle Hudson, WI 54016 ST. CROIX FALLS 2018 US Highway 8 St. Croix, Falls WI 54024 .A- (952)894-0894 (651)407-3727 (715)531-0801 (715) 557-6010 Fax (952) 894-5759 Fax (651) 683-2476 Fax (715)531-0805 Fax(715) 483-7095 Sales • Service • Rentals • Parts www.tristatebobcat.com Ship To: SAME AS BELOW Invoice To: CITY OF GOLDEN VALLEY 7800 GOLDEN VALLEY RD GOLDEN VALLEY MN 55427-4508 Branch Date Time 22 Page 1 Account No. 15165 Phone No. 7635933981 Invoiced4. �014290 Ship Via Purchase Order 416005190 Salesperson J EQUIPMENT QUOTE • NOT AN INVOICE Description ** Q U O T E ** EXPIRY DATE: 02/28/2025 Amount ADDITIONAL PARTS ---------------- ---------------- WINDOW GUARD 7150926 Qty: 1 Price: 950.00 950.00 STROBE WIRING SUBLET 1 150.00 150.00 53 BURNSVILLE LITTLE CANADA HUDSON ST. CROIX FALLS Highway 13 71 Minnesota Avenue ud outpost Circle 2018 US Highway 8 Burnsville, MN 55337 Little Canada, MN 55117 Hudson, WI 54016 St. Croix, Falls WI 54024 (952) 894-0894 (651)407-3727 (715)531-0801 (715) 557-6010 Fax(952) 894-5759 Fax(651) 683-2476 Fax(715) 531-0805 Fax (715) 483-7095 Sales • Service • Rentals • Parts www.tristatebobcat.com Ship To: SAME AS BELOW Invoice To: CITY OF GOLDEN VALLEY 7800 GOLDEN VALLEY RD GOLDEN VALLEY MN 55427-4508 Branch Date 2 2 Time 11 •22 Page Account No. 15165 Phone No. 7635933981 Invoice64. �014290 Ship Via Purchase Order 416005190 Salesperson JQ EQUIPMENT QUOTE • NOT AN INVOICE Description ** Q U 0 T E ** EXPIRY DATE: 02/28/2025 Amount Miscellaneous Charges/Credits ----------------------------- ----------------------------- FREIGHT Qty: 1 Price: 1400.00 1400.00 DEALER PREP 1 500.00 500.00 Subtotal: 31453.58 Authorization. Quote 'Total: 31453 58 PRICING PER MN CONTRACT# 202992 E-110(5) City of Golden Va Iley 03-04-25 Roslyn Harmon, Mayor Noah Schuchman, City Manager 54 pity °f goldenIft EXECUTIVE SUMMARY Valle 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 56 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 shall complete the Work to the satisfaction and approval of the City's authorized agent according to the length of time set forth in Exhibit A (the "Contract Time"). Contractor shall notify the City in writing of any cause of delay of the Work within 24 hours after such cause of delay arises. If Contractor fails to complete the Work by the Contract Time, the City may immediately, or at any time thereafter, proceed to complete the 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 Contractor during the relevant billing period. The City shall pay Contractor within thirty-five (35) days after receiving a statement from Contractor. 57 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 maybe 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. 2 58 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 Contractorfrom 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 Citythat the materials and equipment furnished under this Agreement are of good quality and new, unless this Agreement requires or permits otherwise. Contractor further warrants that the Work will conform to the requirements of this Agreement and will be free from defects. Work, materials, or equipment not conformingto 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. 3 59 13. Termination. This Agreement shall remain in force and effect commencing from the effective date and continuing until the completion of all of the parties' obligations hereunder, unless terminated by the City or amended pursuant to the Agreement. Notwithstanding any other provision hereof to the contrary, this Agreement may be terminated as follows: a. The parties, by mutual written agreement, may terminate this Agreement at any time; b. Contractor may terminate this Agreement in the event of a breach of the Agreement by the City upon providing thirty (30) days' written notice to the City; c. The City may terminate this Agreement at any time at its option, for any reason or no reason at all; or d. The City may terminate this Agreement immediately upon Contractor's failure to have in force any insurance required by this Agreement. In the event of a termination, the City shall pay Contractor for Work performed to the date of termination and for all costs or other expenses incurred prior to the date of termination. 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 actions of any kind, nature, or character; damages; losses; and costs, disbursements, and expenses of defending the same, including but not limited to attorneys' fees, professional services, and other technical, administrative or professional assistance resulting from or arising out of Contractor's (or its subcontractors, agents, volunteers, members, invitees, representatives, or employees) performance of the duties required by or arising from this Agreement, or caused in whole or in part by any negligent act or omission or willful misconduct by Contractor, or arising out of Contractor's failure to obtain or maintain the insurance required by this Agreement. Nothing in this Agreement shall constitute a waiver or limitation of any immunity or limitation on liability to which the City is entitled. The parties agree that these indemnification obligations shall survive the completion or termination of this Agreement. 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: 4 60 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. 5 61 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 in the independent performance of the same or similar work for others. Contractor shall provide or contract for all required equipment and personnel. Contractor shall control the manner in which the Work is performed; however, the nature of the Work and the results to be achieved shall be specified by the City. The parties agree that this is not a joint venture and the parties are not co-partners. Contractor is not an employee or agent of the City and has no authority to make any binding commitments or obligations on behalf of the City except to the extent expressly provided in this Agreement. All Work provided by Contractor pursuant to this Agreement shall be provided by Contractor as an independent contractor and not as an employee of the City for any purpose, including but not limited to: income tax withholding, workers' compensation, unemployment compensation, FICA taxes, liability for torts and eligibility for employee benefits. 22. Compliance with Laws. Contractor shall exercise due professional care to comply with applicable federal, state and local laws, rules, ordinances and regulations in effect as of the Effective Date. Contractor's guests, invitees, members, officers, officials, agents, employees, volunteers, representatives, and subcontractors shall abide by the City's policies prohibiting sexual harassment and tobacco, drug, and alcohol use as defined on the City's Tobacco, Drug, and Alcohol Policy, as well as all other reasonable work rules, safety rules, or policies, and procedures regulating the conduct of persons on City property, at all times while performing duties pursuant to this Agreement. Contractor agrees and understands that a violation of any of these policies, procedures, or rules constitutes a breach of the Agreement and sufficient grounds for immediate termination of the Agreement by the City. 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. 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 11 62 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. Contractor 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 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. Contractor agrees to hold harmless and indemnify the City from costs, including but not limited to damages, attorneys' fees and staff time, in any action or proceeding brought alleging a violation of these laws by Contractor or its guests, invitees, members, officers, officials, agents, employees, volunteers, representatives and subcontractors. Upon request, Contractor shall provide accommodation to allow individuals with disabilities to participate in all Work under this Agreement. Contractor agrees to utilize its own auxiliary aid or service in order to comply with ADA requirements for effective communication with individuals with disabilities. 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 B & B Commercial Coating, LLC 11276 Duffield Avenue NW Maple Lake, MN 55358 bruce@bbcoat.com THE CITY 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. 7 63 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 (1%%) 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. M 64 B & B COMMERCIAL COATING, LLC: CITY OF GOLDEN VALLEY: By: By: Bruce Prevost, Manager Roslyn Harmon, Mayor By: Noah Schuchman, City Manager 65 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 their interpretation 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. 66 x Sy 169 r ) O Mende Ens gn Ave O a f •, CD / s tur W, • D QGe N ° 00 � A O General MdIS Blvd ° O O O Z S004 `M w &ookvigyy Pkwy S v FOFA Q O Hanley Rd O 9 S V ave S WestTe w Pk ci O 74 D ,Wnnetka Ave y ve c innetkOAve N O ZZ'Sorntel Ave Qir 0 Rye lsland q S 0 O O ^ i:node Island F3innsY n Manua Ave' N O o' T . PET9 y Ra ti1oo�, O> `alf Ore Ave -,clly Dr Ne,D S O 0 Ills Ln 0'a<bAve = y� Marylag Ave 4ana d Ave S L ,s,an&Ave S - LoulsianaAve N vv Ke cky Av�S LhowrntS d aN (791 N oAt/ 1im(1a5) a Jersey. Ave S. Ave N 2025 Hydrant Repaintingd .�.,..o... Location Map 67 Culver Rd 27th Ave N ampton Rd embee Or assett z eek'in > Q a� J E Major it tiea� d book e Y O` o` z� a� Q VYatsr Hydrant 41 Cow Hpof wd 117) HWt. 10 to Pa 6w (II7 ) L26th Ave N O o ex� . �cn 05 06y� O'% /-y tp O > �o� o�o�o p 1 8�i oa a�` ` O 5, p r 0 0 O z Y 2 dy c9 O O LC I O6P lasse G °'s o Z } Q O co '�sc9a�kv�` pvo O r � nd. 9� � Q _`,�-5 Ln a .� y p to o� s z toad 66 GO�e d Co ValleyRq 30 O 00 r 0 Qa A mO O g Carriage �: O k ,Path m es P o a� O c folk O 5 c0 Z � 0 � NO a WoodI. nd 61-O 0 Trail O odore Wir�re re L 5k od N O O od 01A 0 �0 i „tititiQ000� : o� c� 0z z Q a) x 2025 Hydrant Painting�...... e ..., _„�. Location Map 68 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. Hieh Volume Roadwa 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 1-394 H. Noble Avenue North between Golden Valley Road and 341h Ave N I. North and South Frontage Roads of 1-394 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 341h Ave N M. Rhode Island Avenue between 101h Avenue and TH 55 N. Wayzata Boulevard all portions in Golden Valley City Limits O. Winnetka Avenue between TH 55 and 1-394 P. Xenia Avenue South between Glenwood Avenue and 1-394 Q. Zenith Avenue North between 26th 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. 69 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 nor prohibited. Contractor's requesting the use of recyclable abrasive must comply with the specified 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 air supply will be required to ensure cleanliness of all compressed air supplied for abrasive blasting. This test will be performed by a blottertest. 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: 70 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. 71 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 Qua Hydrant Painting Each 166 Total Base Quote nit Bid Amount $ 190.00 $ 31,540.00 $ 31,540.00 W city of goldven'.��e ), 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. 73 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 74 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 agent according to the length of time set forth in Exhibit A (the "Contract Time"). Contractor shall notify the City in writing of any cause of delay of the Work within 24 hours after such cause of delay arises. If Contractor fails to complete the Work by the Contract Time, the City may immediately, or at any time thereafter, proceed to complete the 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 Contractor during the relevant billing period. The City shall pay Contractor within thirty-five (35) days after receiving a statement from Contractor. 75 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 maybe 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. 2 76 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 Contractorfrom 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 Citythat the materials and equipment furnished under this Agreement are of good quality and new, unless this Agreement requires or permits otherwise. Contractor further warrants that the Work will conform to the requirements of this Agreement and will be free from defects. Work, materials, or equipment not conformingto 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. 3 77 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's failure to have in force any insurance required by this Agreement. In the event of a termination, the City shall pay Contractor for Work performed to the date of termination and for all costs or other expenses incurred prior to the date of termination. 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 actions of any kind, nature, or character; damages; losses; and costs, disbursements, and expenses of defending the same, including but not limited to attorneys' fees, professional services, and other technical, administrative or professional assistance resulting from or arising out of Contractor's (or its subcontractors, agents, volunteers, members, invitees, representatives, or employees) performance of the duties required by or arising from this Agreement, or caused in whole or in part by any negligent act or omission or willful misconduct by Contractor, or arising out of Contractor's failure to obtain or maintain the insurance required by this Agreement. Nothing in this Agreement shall constitute a waiver or limitation of any immunity or limitation on liability to which the City is entitled. The parties agree that these indemnification obligations shall survive the completion or termination of this Agreement. 4 78 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: 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 5 79 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 in the independent performance of the same or similar work for others. Contractor shall provide or contract for all required equipment and personnel. Contractor shall control the manner in which the Work is performed; however, the nature of the Work and the results to be achieved shall be specified by the City. The parties agree that this is not a joint venture and the parties are not co-partners. Contractor is not an employee or agent of the City and has no authority to make any binding commitments or obligations on behalf of the City except to the extent expressly provided in this Agreement. All Work provided by Contractor pursuant to this Agreement shall be provided by Contractor as an independent contractor and not as an employee of the City for any purpose, including but not limited to: income tax withholding, workers' compensation, unemployment compensation, FICA taxes, liability for torts and eligibility for employee benefits. 22. Compliance with Laws. Contractor shall exercise due professional care to comply with applicable federal, state and local laws, rules, ordinances and regulations in effect as of the Effective Date. Contractor's guests, invitees, members, officers, officials, agents, employees, volunteers, representatives, and subcontractors shall abide by the City's policies prohibiting sexual harassment and tobacco, drug, and alcohol use as defined on the City's Tobacco, Drug, and Alcohol Policy, as well as all other reasonable work rules, safety rules, or policies, and procedures regulating the conduct of persons on City property, at all times while performing duties pursuant to this Agreement. Contractor agrees and understands that a violation of any of these policies, procedures, or rules constitutes a breach of the Agreement and sufficient grounds for immediate termination of the Agreement by the City. 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 11 80 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. Contractor 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 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. Contractor agrees to hold harmless and indemnify the City from costs, including but not limited to damages, attorneys' fees and staff time, in any action or proceeding brought alleging a violation of these laws by Contractor or its guests, invitees, members, officers, officials, agents, employees, volunteers, representatives and subcontractors. Upon request, Contractor shall provide accommodation to allow individuals with disabilities to participate in all Work under this Agreement. Contractor agrees to utilize its own auxiliary aid or service in order to comply with ADA requirements for effective communication with individuals with disabilities. 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 Doctor Asphalt MN LLC 1949 Atlantic Street Maplewood, MN 55109 derek@doctorasphaltllc.com 7 THE CITY City of Golden Valley 7800 Golden Valley Road Golden Valley, MN 55427 tkieffer@goldenvalleymn.gov 81 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 (1%%) 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. H-* W 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: By: Derek Putz, Vice President Roslyn Harmon, Mayor By: E] Noah Schuchman, City Manager 83 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 % inch wide by a depth of % 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 84 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 % 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 85 Ye N o H' Z < Dawnview 'F n ` C 1 a�eN - a° n� StCroalAve,y gvenac W^sdale St > 0 In s YV a Qa fedA f b Carnage Path 0r,65 Pk ra m s D S. r ffi � a Woodland TrA • V I dl.f\ JCdI, IQ. V:J I Chip Sealed or K2 L by the City of Golden Valley, 11/12/2024 ° 550 1'100 2 Feet e 86 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 ineligible to 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. 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 87 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. 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 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. 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. 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 1-394 h. Noble Avenue North between Golden Valley Road and 341h Ave N 88 i. North and South Frontage Roads of 1-394 j. Olympia Street between Winnetka Avenue and Douglas Drive k. Plymouth Avenue between US 169 and Winnetka Avenue I. Regent Avenue North between Duluth Street and 34th Ave N m. Rhode Island Avenue between 10th Avenue and TH 55 n. Wayzata Boulevard all portions in Golden Valley City Limits o. Winnetka Avenue between TH 55 and 1-394 p. Xenia Avenue South between Glenwood Avenue and 1-394 q. Zenith Avenue North between 26th 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 Contractor finds 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. 89 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 Lump 2021.501 Mobilization Sum 1 $ 2,500.00 2104.501 Furnish and Install Crack Sealant Lbs. 30,000 $ 1.88 Lump 2104.503 Traffic Control Sum 1 $ 1,075.00 TOTAL COST TO PROVIDE SERVICES FOR 2025 CRACK SEALING PROJECT Amount $ 2,500.00 $ 56,400.00 $ 1,075.00 $ 59,975.00 90 pity °f goldenIft EXECUTIVE SUMMARY Valle 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. 91 Supporting Documents • Contract for Gate Valve Repairs with Precision Utilities LLC 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 contractor located 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 excavating to repair, replace, and relocate potable 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 shall complete the Work to the satisfaction and approval of the City's authorized agent according to the deadlines set forth in Exhibit A (the "Contract Time"). Contractor shall to notify the City in writing of any cause of delay of the Work within 24 hours after such cause of delay arises. If Contractor fails to complete the Work by the Contract Time, the City may immediately, or at any time thereafter, proceed to complete the Work at the Contractor's expense. If Contractor gives written notice of a delay over which Contractor has no control, the City may, at its discretion, extend the Contract Time. 3. Consideration. 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 93 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 maybe 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. 2 94 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 Contractorfrom 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 Citythat the materials and equipment furnished under this Agreement are of good quality and new, unless this Agreement requires or permits otherwise. Contractor further warrants that the Work will conform to the requirements of this Agreement and will be free from defects. Work, materials, or equipment not conformingto 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 3 95 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 mayterminate this Agreement immediately upon Contractor's failure to have in force any insurance required by this Agreement. In the event of a termination, the City shall pay Contractor for Work performed to the date of termination and for all costs or other expenses incurred prior to the date of termination. 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 actions of any kind, nature, or character; damages; losses; and costs, disbursements, and expenses of defending the same, including but not limited to attorneys' fees, professional services, and other technical, administrative or professional assistance resulting from or arising out of Contractor's (or its subcontractors, agents, volunteers, members, invitees, representatives, or employees) performance of the duties required by or arising from this Agreement, or caused in whole or in part by any negligent act or omission or willful misconduct by Contractor, or arising out of Contractor's failure to obtain or maintain the insurance required by this Agreement. Nothing in this Agreement shall constitute a waiver or limitation of any immunity or limitation on liability to which the City is entitled. The parties agree that these indemnification obligations shall survive the completion or termination of this Agreement. 4 96 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: 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 5 97 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 in the independent performance of the same or similar work for others. Contractor shall provide or contract for all required equipment and personnel. Contractor shall control the manner in which the Work is performed; however, the nature of the Work and the results to be achieved shall be specified by the City. The parties agree that this is not a joint venture and the parties are not co-partners. Contractor is not an employee or agent of the City and has no authority to make any binding commitments or obligations on behalf of the City except to the extent expressly provided in this Agreement. All Work provided by Contractor pursuant to this Agreement shall be provided by Contractor as an independent contractor and not as an employee of the City for any purpose, including but not limited to: income tax withholding, workers' compensation, unemployment compensation, FICA taxes, liability for torts and eligibility for employee benefits. 22. Compliance with Laws. Contractor shall exercise due professional care to comply with applicable federal, state and local laws, rules, ordinances and regulations in effect as of the Effective Date. Contractor's guests, invitees, members, officers, officials, agents, employees, volunteers, representatives, and subcontractors shall abide by the City's policies prohibiting sexual harassment and tobacco, drug, and alcohol use as defined on the City's Tobacco, Drug, and Alcohol Policy, as well as all other reasonable work rules, safety rules, or policies, and procedures regulating the conduct of persons on City property, at all times while performing duties pursuant to this Agreement. Contractor agrees and understands that a violation of any of these policies, procedures, or rules constitutes a breach of the Agreement and sufficient grounds for immediate termination of the Agreement by the City. 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. 11 98 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. Contractor 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 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. Contractor agrees to hold harmless and indemnify the City from costs, including but not limited to damages, attorneys' fees and staff time, in any action or proceeding brought alleging a violation of these laws by Contractor or its guests, invitees, members, officers, officials, agents, employees, volunteers, representatives and subcontractors. Upon request, Contractor shall provide accommodation to allow individuals with disabilities to participate in all Work under this Agreement. Contractor agrees to utilize its own auxiliary aid or service in order to comply with ADA requirements for effective communication with individuals with disabilities. 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 Precision Utilities LLC 14067 62nd Street Mayer, MN 55360 dan@precisionutilities.com THE CITY 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. 7 99 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 (1%%) 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. M 100 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: By: Daniel Lipe, President Roslyn Harmon, Mayor E] By: Noah Schuchman, City Manager 101 EXHIBIT A SCOPE OF WORK 1. Work. The Work shall include all labor and equipment necessary to repair, replace, or relocate gate valves 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 % 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 June 30, 2025. 3. Location. The Location Maps herein Exhibit A identifies the location of each repair. 102 Valves to Repair Size (in) - 4" ,r 24 - g' 13-8' 1 - 12' n i _c V344 C it d 0 V2252 V2253 w•Kwn Avg :2254a V465 1"V772 V774 V180 E� w .rt f ri E z V v17s 472 M a 94 , I' V471 0 V467 ;2 V468 3 t V470 d' .1+ V"S 7 E t Laurel r. V50G 1' ouebo Ave 4 laver P,, �V338 tV336 ,rv334 "MMENOW„ 1'� V332 LavwM A. e Q V337 r V335 V331 0 • V 1451 V 15640 �r F V1128 07 V11231 a V1414 i V1127 V777 V1797 a 8 ':1126 V1125 rV1124 V1738 V2527' n �'W V1116 V1111 it rF �nte•uatc Mwry �" soya by the City of Golden Valley. 1/3/2025 103 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 ineligible to 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 104 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 Work to 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. 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). 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. 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 1-394 H. Noble Avenue North between Golden Valley Road and 30 Ave N I. North and South Frontage Roads of 1-394 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 341h Ave N M. Rhode Island Avenue between 101h Avenue and TH 55 N. Wayzata Boulevard all portions in Golden Valley City Limits O. Winnetka Avenue between TH 55 and 1-394 P. Xenia Avenue South between Glenwood Avenue and 1-394 Q. Zenith Avenue North between 26th Ave N and Theodore Wirth Pkwy 105 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/) 106 13. Tree and Landscape Preservation. Contractor shall protect existing trees and shrubbery that may be impacted by the Work, including but not limited to, cutting, breaking, or shredding of roots; wounding or scraping of trunks and branches; smothering of root systems by stockpiling of construction materials or excavated materials within their drip lines; excess foot or vehicular traffic; or parking of vehicles within their drip lines. All branches that have been damaged by Contractor shall be properly trimmed in accordance with National Arboriculture Standards by the end of the workday. Contractor shall have on -site an approved wound dressing to be applied to freshly cut branch ends immediately (within 10 minutes) after damage to prevent Emerald Ash Borer disease. Contractor shall also notify the Engineer immediately of any damaged branches. When excavating near trees, Contractor shall cut cleanly back to the soil line, all exposed, shredded or torn roots greater than 1-%" in diameter, with proper pruning equipment. The cost to cut roots shall be incidental for which there shall be no direct compensation. When excavating or sloping within fifteen (15) feet of any tree, Contractor shall coordinate all such efforts with the Assistant City Forester. Standard excavation procedures may need to be modified for large trees that have their trunks closer than five (5) feet from the excavation or sloping limits. Contractor shall be required to provide protection to all exposed oak tree roots that are cut prior to July 1. Contractor shall have on -site an approved wound dressing to be applied to freshly cut root ends immediately (within 10 minutes) after excavation to prevent oak wilt infection. Wound dressing will not be permitted for any other situation other than oaks 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 107 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. 108 D (7 u { 0 O z rrn O 0 z c- m a z z c D m ;u 0 N - W N 0 0 m EXHIBIT C CITY OF GOLDEN VALLEY STANDARD DETAILS NOTE: THE ENGINEER SHALL MAKE FIELD DETERMINATIONS OF SUBGRADE SUITABILITY AND, IF NECESSARY, SHALL DIRECT THE CONTRACTOR TO VARY THE DEPTH OF COMMON EXCAVATION AND SELECT GRANULAR BORROW. P/L VARIES VARIES +2% SLOPE -2.0% SLOPE 8618 CURB & GUTTER SOD W/4" TOPSOIL C/L PROFILE C/L GRADE L 7 VARIES 13.0' 6' -2.0% SLOPE SOD W/4 TOa S01 L 1.5" PLANT MIXED BITUMINOUS WEARING COURSE, MIXTURE DESIGNATION SPWEA240C 3" PLANT MIXED BITUMINOUS BASE COURSE, MIXTURE DESIGNATION SPNW8230B h" AGGREGATE BASE, CLASS 5 -100% CRUSHED LIMESTONE - SPEC. 2211 0 to 36" SELECT GRANULAR BORROW - SPEC. 2149,232 (AS DIRECTED BY THE ENGINEER) GEOTEXTILE FABRIC TYPE IV - SPEC. 2105 AS DEEMED NECESSARY BY THE ENGINEER 109 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, shall be performed at the unit prices below. 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 VALVE REPAIRS $ 132,300.00 110 pity °f goldenIft EXECUTIVE SUMMARY Valle 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 111 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 consistentwith the level of care and skill ordinarily exercised by professionals currently providing similar services. 2. Term. This Agreement shall remain in force and effect commencing from the effective date and continuing until terminated by the City or amended pursuant to the Agreement. 3. Consideration. The City shall pay Consultant 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 anytime; 112 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 anytime 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 liabilityto which the City is entitled. The parties agree thatthese indemnification obligations shall survive 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 113 will release or discharge the assignor from any duty or responsibility under this Agreement. Nothing contained in this paragraph shall prevent Consultant from employing such independent consultants, associates, and subcontractors, as it may deem appropriate to assist it in the performance of the Services required by this Agreement. Any instrument in violation of this provision is null and void. 10. Independent Contractor. Consultant is an independent contractor. Consultant's duties shall be performed with the understanding that Consultant has special expertise as to the services which Consultant is to perform and is customarily engaged in the independent performance of the same or similar services for others. Consultant shall provide or contract for all required equipment and personnel. Consultant shall control the manner in which the services are performed; however, the nature of the Services and the results to be achieved shall be specified by the City. The parties agree that this is not a joint venture and the parties are not co-partners. Consultant is not an employee or agent of the City and has no authority to make any binding commitments or obligations on behalf of the City except to the extent expressly provided in this Agreement. All services provided by Consultant pursuant to this Agreement shall be provided by Consultant as an independent contractor and not as an employee of the City for any purpose, including but not limited to: income tax withholding, workers' compensation, unemployment compensation, FICA taxes, liability for torts and eligibility for employee benefits. 11. Compliance with Laws. Consultant shall exercise due professional care to comply with applicable federal, state and local laws, rules, ordinances and regulations in effect as of the date Consultant agrees to provide the Services. Consultant's guests, invitees, members, officers, officials, agents, employees, volunteers, representatives, and subcontractors shall abide by the City's policies prohibiting sexual harassment and tobacco, drug, and alcohol use as defined on the City's Tobacco, Drug, and Alcohol Policy, as well as all other reasonable work rules, safety rules, or policies, and procedures regulating the conduct of persons on City property, at all times while performing duties pursuant to this Agreement. Consultant agrees and understands that a 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 114 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 underthis 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, 115 Minnesota Statutes, Chapter 363A. Consultant agrees to hold harmless and indemnify the City from costs, including but not limited to damages, attorneys' fees and staff time, in any action or proceeding brought alleging a violation of these laws by Consultant or its guests, invitees, members, officers, officials, agents, employees, volunteers, representatives and subcontractors. Upon request, Consultant shall provide accommodation to allow individuals with disabilities to participate in all Services under this Agreement. Consultant agrees to utilize its own auxiliary aid or service in order to comply with ADA requirements for effective communication with individuals with disabilities. 21. Waiver. No waiver of any provision or of any breach of this Agreement shall constitute a waiver of any other provisions or any other or further breach, and no such waiver shall be effective unless made in writing and signed by an authorized representative of the party to be charged with such a waiver. 22. Headings. The headings contained in this Agreement have been inserted for convenience of reference only and shall in no way define, limit or affect the scope and intent of this Agreement. 23. Publicity. At the City's request, the City and Consultant shall develop language to use when discussing the Services. Consultant agrees that Consultant shall not release any publicity regarding the Services or the subject matter of this Agreement without prior consent from the City. Consultant shall not use the City's logo or state that the City endorses its services without the City's advanced written approval. 24. Severability. In the event that any provision of this Agreement shall be illegal or otherwise unenforceable, such provision shall be severed, and the balance of the Agreement shall continue in full force and effect. 25. Signatory. Each person executing this Agreement ("Signatory") represents and warrants that they are duly authorized to sign on behalf of their respective organization. In the event Consultant did not authorize the Signatory to sign on its behalf, the Signatory agrees to assume responsibility for the duties and liability of Consultant, described in this Agreement, personally. 26. Counterparts and Electronic Signatures. This Agreement may be executed in two or more counterparts, each of which shall be deemed an original, but all of which taken together shall constitute one and the same instrument. This Agreement may be transmitted by electronic mail in portable document format ("pdf') and signatures appearing on electronic mail instruments shall be treated as original signatures. 27. Recitals. The City and Consultant agree that the Recitals are true and correct and are fully incorporated into this Agreement. IN WITNESS WHEREOF, the City and Consultant have caused this Professional Services Agreement to be executed by their duly authorized representatives in duplicate on the respective dates indicated below. 116 CONSULTANT By: CITY OF GOLDEN VALLEY: By: Erin Perdu, AICP, Principal Roslyn Harmon, Mayor By: Noah Schuchman, City Manager 117 EXHIBIT A — SCOPE OF SERVICES ■ m N N Its N O N O M LL� N O N M LL� N O N N M In N O N N CJ Yo N O N O V L6 N O N V o N O N V o N O N N V o N O N O LL� o N O N O LL� N O N LL� N O N N LL� N O N M LL� In N O N 1 Kick Off and Outreach Strategy 2025-02-18 1.1 Kck Off Meeting 2025-02-18 1.2 Outreach Strategy 2025-02-18 2 Diagnosis 2025-02-18 2.1 Equity Analysis 2025-02-18 2.2 Communication Materials 2025-03-01 2.3 Staff Listening Session 2025-03-01 2.4 1 Project Website 2025-03-01 2.5 Stakeholder Listening Session 2025-03-16 2.6 Legal Constraints 2025-02-18 2.7 Comparable Communities 2025-02-18 2.8 Planning Commission Meeting 2025-03-07 2.9 Audit Document 2025-03-01 3 Code Draft 2025-04-01 3.1 Draft Code 2025-04-01 3.2 Equity Analysis 2025-04-01 3.3 Revisions 2025-04-22 3.4 Stakeholder Listening Session 2025-05-01 3.5 Public Outreach 2025-05-01 4 Final Code 2025-05-15 Note that dates will need to be updated based on City Council approval of contract and Staff availability. 118 EXHIBIT B - FEE SCHEDULE FEE ESTIMATE - Sign Code Update 6miwowih, T6s1@Nag1R;. Task Type Hours Labor Total t Kick Off and Outreach Strategy 5.00 5.00 4.00 Fixed Fee 14.00 $2,600.00 $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 Fixetl 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 $2,600.00 $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 $2,000.06 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 $1,600.00 $1,500.05 2.9 Audit Document 1 4.00 1 8.00 1 1 Fixed Fee 12.001 $2,700.00 $2,700.00 3 Code Draft 38.00 44.00 26.00 Fixed Fee 108.00 $19,150.00 $17,500.00 3.1 Draft Cotle 24.00 24.00 8.00 Fixed Fee 56.00 $13,000.00 $13,000.00 3.2 E uit Anal sis 2.00 4.00 4.00 Fixed Fee 10.00 $2,000.00 $2,000.00 3.3 Revisions 8.00 8.00 2.00 Fixed Fee 18.00 $2,600.001 $2.500.03 4 Final Code 12.00 12.00 4.00 Fixed Fee 28.00 $5.200.00 $5.200.00 119 (3 Stantec 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, AICF Project Manager 612-712-2006 i erin.perdu@stantec.com ■ ■ ■ ■■■ ■ ■ NONE ■ ■ ■ NONE ■ ■■ ■ ■ ■■■ ■■ ■■■ ■■ ■ NONE ■ ■■ ■ ■ ■ ■ NONE ■ ■ ■ ■ ■■■ ■■■ ■ ■ ■ ■ ■■ N ■ ■■ ■ ■ NONE ■ ■ ■■■ ■ ■■■■■ ■ NONE ■ ■ ■■ ■■ ■ ■ No NONE ■ ■ ■■■ ■ ■ ■■NNE■ E E E ■ ■ No No No No NONE ■ ■ ■ENNE■ ■E■ ■ ■ ■ NONE ■ E■E■E■E■ ■ NONE ■ ■ No ■ ■ ■ ■ ■ENE■ ■ ■ ■E■ ■ ■ ■ No ■ ■E■ ■ ■ ■ N■■ ■ No ■ NONE ■ ■W No MEN ® Stantec 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 I Holly Springs, NC - Official Website • Valdez Title 17 - Zonino • 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 1 erin.perdu@stantec.com 2 Stantec City of Golden Valley Sign Code Update 121 DI DRIA D DID I PRINCIPAL+ PLANNING GROUP LEADER 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 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 Bli I_�LJIl1V1i LJIJ ATCP Zoning Code Revision I Valdez, Alaska 1 2022-2023 1 Lead Planner Erin served as lead planner for the new zoning ordinance for City of Valdez that URBAN PLANNER 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 EDUCATION traffic and the high percentage of residents who drive. The new ordinance is an Master of Urban Planning, San Jose State example of aggressive zoning reform that is pragmatic in this unique city. Bachelor of Arts, Environmental Studies; Unified Development Ordinance I Town of Holly Springs, NC 1 2021-20221 Geography, Gustavus Adolphus College Project Manager CERTIFICATIONS Erin served as project manager and lead author of a new Unified Development American Planning Association (Minnesota) 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 I Fort Wayne, Indiana 12022-2023 1 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* I City of Burnsville I 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. 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 I Town of Holly Springs I 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 I 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 * I 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* I City of North St. Paul I North St. Paul, Minnesota 1 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 I City of Valdez I Valdez, Alaska, United States I 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* I City of Burnsville I Burnsville, Minnesota 12019-2021 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 4 Stantec *completed prior to Stantec City of Golden Valley Sign Code Update 122 METHODOLOGY 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: • 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. 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: • 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 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 1.11 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. 6 Stantec City of Golden Valley Sign Code Update 123 Golden Valley - Sign Code Update Client: City of Golden Valley PM: Erin Perdu PIR: Dan Lavender Task Code 1 Task Name Kick Off and Outreach Strategy Start Date 2025-03-04 End Date 2025-03-14 Note: N O I(') N O N Week N O I(') N O N ending O O 4] N O N 1 date O Ii') N O N is N O 4i N O N F a Friday. N O 4ii N O N O O 4ii N O N Working Days: O O 4ii 4i N N O O N N Monday, N O Lf N O N O O Lf N O N Tuesday, O O Lf N O N O Lf N O N Wednesday, N O Lf N O N M O Lf N O N Thursday, O O Lt] N O N O Lf N O N Friday N O Lt] N O N 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 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 M FEE ESTIMATE - Sign Code Update g�ca0 Q°cc Q°cc Perdu, Erin Baldonado, Kristin Narayana Moorthy, Kribashini $214.00 $176.00 $152.00 82.00 107.00 76.00 $0.00 $0.00 $0.00 Project Summary Hours Labor Total Fixed Fee 259.00 $45,000.00 $45,000.00 Time & Material 0.00 $0.00 $0.00 Total 259.00 $45,000.00 $45,000.00 Task Code Task Name Task Ty bo T 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 1 3.00 1 3.00 1 2.00 Fixed Fee 8.00 $1,500.00 $1,500.00 1.2 Outreach Strategy 2.00 2.00 2.00 Fixed Fee 1 6.001 $1,000.001 $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 2.2 Communication Materials 8.00 8.00 2.3 Staff Listening Session 2.00 2.00 4.00 2.4 Materials for Project Website 1.00 4.00 8.00 2.5 Stakeholder Listening Session 2.00 4.00 4.00 2.6 Legal Constraints 4.00 2.00 4.00 2.7 Comparable Communities 2.00 2.00 8.00 2.8 Planning Commission Meeting 4.00 4.00 2.9 Audit Document 4.00 8.00 Code Draft Fixed Fee 20.00 $2,500.00 $2,500.00 Fixed Fee 16.00 $2,500.00 $2,500.00 Fixed Fee 8.00 $1,400.00 $1,400.00 Fixed Fee 13.00 $2,000.00 $2,000.00 Fixed Fee 10.00 $1,750.00 $1,750.00 Fixed Fee 10.00 $1,800.001 $1,800.00 Fixed Fee 12.00 $2,000.00 $2,000.00 Fixed Fee 8.00 $1,500.001 $1,500.00 Fixed Fee 1 12.00 $2,700.001 $2,700.00 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 3.2 Equity Analysis and Public Outreach 10.00 10.00 10.00 3.3 Revisions 8.00 8.00 2.00 Fixed Fee 56.00 $13,000.00 $13,000.00 Fixed Fee 10.001 $2,000.00 $3,650.00 Fixed Fee 18.00 $2,500.00 $2,500.00 Final Code 12.00 12.00 4.00 Fixed Fee 28.00 $5,200.00 $5,200.00 125 ■ ■ Communities are fundamental. Whether around the corner or across the globe, they provide a foundation, a sense of place and of belonging. That's why at Stantec, we always design with community in mind. We care about the communities we serve —because they're our communities too. This allows us to assess what's needed and connect our expertise, to appreciate nuances and envision what's never been considered, to bring together diverse perspectives so we can collaborate toward a shared success. We're designers, engineers, scientists, and project managers, innovating together at the intersection of community, creativity, and client relationships. Balancing these priorities results in projects that advance the quality of life in communities across the globe. Stantec trades on the TSX and the NYSE under the symbol STN. Visit us at stantec.com or find us on social media. ■ ■ E MEN E E NONE E E E NONE ■ pity °f goldenIft EXECUTIVE SUMMARY valley 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 I It City Owned Real Property Disposition Plan Preserve as public property (84) Transfer to adjacent owner (12) Possible development potential (9) --------------------------------------ldMrAve-N-------------------34th Ave-N-----------� Scott Ave N 7Z Z 0 Z z ¢ Drake Rd a < > J 0 °41, 33rdAve N Cross Ln J Z 0 a = Q Q P18 1j °u - Im Al' to IX O �o.NrY Ter i Lowry Ter 1 r in Dr Qa TritO j Tr\ton �--� � l I z 0 2 , "> a gaeh tiP 40 Normandy P Q m 100 Ter a a d u ( I 0 a z v OG d o O j O ° U Z Culver Rd rn Culver Rd = > j F'I a 0 I� Y Dawnview Ter �' a 7 z dwnvie Q � � f% Dona Ln 'a d m a 27th Ave N �•' 1 Z O Z 34!� I 0 o z 0 Z - --imearctr,ecakeH2d--------- ----- I Q Marie Ln W Marie Ln E > 01 ) ----Crotnkgitd-7O----= ---------------------Emmly -tll---------- .. -Rd--------- 27th AveN J Q Q I l ---------------- Z N yMedley R O U Z m ! 0 1L------ i U Z .O a i Q a/ m > 5 "Z°' Sahgb ¢ v r Kentley Ave rn 2 Q > �'�edley c�` ; 25th Ave Q 4r9<' a Z. oyster Dr a py1 Hampton Rd a v z 3 C > d �z ° a = ¢ --------------------- AG o v > 8 o �c 3 = T Hampton Rd 26th 4ve I�- - -- -- - - - - - - - - 0 o Itl 1 a N r m j a , z Madison Ave W V Aa fD O `m z ?i ir y j r Medle In a In 0 tia a o. 4j a y o Y Rose a 24th AveN Jonellen Ln ¢ z 1■ ,tea G` 4� z � ¢ � °ydr q d41 L42 P6 ?i > m m 0 •o Q Merribee Or m d s i u a Z c x 1 m > Z Q IY > L' J O ¢�. Q d O a o O O > a < 0 0 ;n a c s N Vn N m ¢ \ Z c D > to d a > a� L y et a°y :eglish c J M o _ '�� Wynnwood Rd `z y Wynnewood Rd M c I v e eek Dr Bassett ' 9`o y I'll N X -0 0 \ c m Z 2 I j `o° �`° aytt Cr Creek Ln d Pad a mj iN "Valley Rd) o �, I 23rd Ave T� 23rd AveN > a 23rd AveN P35 J 138 U ¢ -/ / m 'ass d �, '`0e a 39 40 ve N a�°aka J`y1- P26B °o J Z Z Z Sandburg Rd Sandburg Rd 35 J y p< y Byrd A Z le, I m Z ; \ I Westbrook Or N a xj 6 c a �aP ¢> aWinnetka > na°'° Mark Bass .N m m > v Hei9, Z 0 VaIde, m m I . - - '-° Westmore Way M\n dy ett £ ° „ i p 9 c o > a c htS 0 p v Ct i rn Westbrook Rd \rrraqua Ridge 9L z y Dr orarin Tr) Raw) a w 0 m m A Or > m m 0 •L o �` J P26C y tet o I o° z 38 A m m �Aa<ga Duluth St 66 N w O v Z Du/ h Elgin PI c Heights Dr 9 P23 Kenneth Way P30 U Q 0 0 rn !Z ut Winnetka Heights m Z 2 z z 0 St w 9 Y a > !> ° 0 0 e / rrll Q 3 Z o c ¢ r ■ rn Legend Q ds 00 Q rn Za !y 0 Z a 3 2` u a Ln m % G\envl z o " 0 G ��� d/ahg9 PsrbJHHJ�-p a > o y O� z° A 7 pi �QKv+y y > no Q n,� ` ` end Rd .� a. ~ ` n P Oro PO j � X / c0i = LL Ao, I2 Z Z > Z d 139 a j blast mij 0 c " '�.. 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Z 17 //sland Dr) 1 �I3 Q 3 �m m Knoll Ste v— m m p L O 0 a o w °? Z y Y �, w w Knoll St .o I] x z1F 0 a\ io iP a° j v a P P9B O '° o °01 O 0 c a a, ,X i hod, rn¢ ° V Plymouth Ave _ w \ 0 20 Topel Rd F r�a e Plymouth Avg N c� Plymouth Ave N Rd 19 Z P58 141 denNa\\ey a roe Pve "v U 70a a G°\ E (Woodland r c) c L_ Gaa / Cir o Trail) /(yat 0 jr Z Z 0 s0 0 ?� 'o/y i > > z Q ` 9L mouth Ave pis) j _ y _ - ea" Phoenix St 0 ; P15 _ Q� i - _ r - - ..• -, - Q - - - - - - - - - - - - Ja`a Z m z d Phoenix St ` �•. 0 w t7 a> 0 'o Ork/a Dr c La O N U Faribault St Faribault St 10- a o"� N z o z a E � I — \ .-. c` 3 � m rn 6 x Irc Lindsay St �_ c r IT I Q Rd IU Thotland Rd Ja\\ey Ir — •• ` 1 n o\de \ y c � Ee Z Z ` JoP 0 oa 44� H to Q <ewie Rd H 111 Z I Q P29 \` Y 46 a j 0 \ 45 1 0 P7 P59 r I \gassett Cree-f o A ,= W Z a , z o Dr 48 0 I d c " 0 \\ey R ' 0 " 0 ` ya9 Meadow Ln N o c z o�da "Eo a a ynJa " > ; a 0 G , 3� Y G°\d z Schaper Rd O\de� m 0 c fD O p c Va\\yy r Cou�lub Or o N = o J m 3 - 55 _ _ f ° Valley Rd Gt onwooggve im N Frontage Rd J m m N Frontage Rd Ln _- 0 N Frontage R Hwy 55 on Memorial Hwy 55 z _ - - _ '� S Frontage Rd ron age _ � I el g z v ��i Ltd - - _ - ' I I — I'I I r �o �a� 50 Ter c` > z - - - SF U 11 122 berleaf xataa ;a c i 0 ya Ci RIF 40G 0 " m 'Cln9ston Girl '�°�y5ti e�aa z Burnt r U Wally St e n 0 tiora -!\ �WoodstockAve y Woodstock Ave w 22 G Har r S\ey % \ Woodstock Ave o No51 EL/ ♦ J Z Harold Ave �QKWY N Harold Ave K a Harold Ave yea ° Uq`s ° ! J� - ', U vy<\eat0 J = •o = Q AO a148 - 23 , o G\° ' Z E Beverly Ave ' Z S I \ Z Loring Ln 6 m c c Mea n r �rr 52 a Aney 0 rn LL f ` o Dr a� 1 - z Vn 1 C Rd I, 7 Loring Ln Da Poplar Or 326 ` z m Kentc z G/e'wO Qa`5\el 4rdcoss 11 yOs - ~\t\acOa� P12 0 3 p t 5Ao 0 2 m ° y Oq O I O U y y J G tty Crocker Or P1 R � < ¢ Z z qto 24 /....r Qa 1 mite �� I ` a E aR 00 P21 m O D 0 0 M J y / " (Private) C S4 P36 Z o v w ya 3 a SunC�ridge ? A m N Qa a f o I 2 a c I E c i m > ROaho 0 0 m O 0" bPr Roanoke Cir -S LI/ac ? a ke Rd <e d 4 / estern Ave t7 a Western Ave _ d) > 0 Ln ov - - Count Rd 40 _ _ ¢ G �� p T I 3 Y N Y nwood Ave Z 0 54 6 > y a -!I � 0 O a 3 ;v Bern Ter v 0� 10 a')�a c ¢ >,d a- y c Cortlaw 1: Q -d40 p z w ¢ > > > 3 6 --------------------- / " >w F�a�a Tel m uN Q-`agy� v `� a a - x N •`-° rrti / o rn rn c d -� F j T� County Rd 40 ' 1low 0 Te ` > O tj m 0 > Y U /J I Turnpike F vi ` x m 5 0 Z � Q Cortlawn Cir S a Q Q \n9 / 0 -A c ' /55 °' a to 56 ' a x c c o m w m u K.�J } w lianalyn �a JY',o �h o o Ridgeway Rd `'' P34A EDD w 3 Gil ' \ m( G (Laure\ O " J ` I 3 U m P34B o " j Ave S (LaOrel Pt ) 6 a n Westwood m ■r 0 e I a O P34C = o to Ln ' Glencrest Rd 57 s aurel Ave La = L Laurel Ave Turnpike d�0 100 Q • 'a ygOfYR > 'pda �� Ra L StrawtberrY IN Janalyn Cir I a Gr 0 a rs c ° i 3 y % Cl)O S 3 A N c y °n Rd pike Rd Z West�c x Cl) ti N > rn o o Tyrol Tr m tat Q Q Q Market St a O o i s m Circle vq 3 rn '-0° •� E ° Edge W c�\\\s Dr Golden Hills Dr 1 02 S Mea ronta9e I sn. e� FrOht c° ' D O w 9 Co d9eRq a 1.394 N Frontage Rd m S4 7 �o Wayzata Blvd ---------------------- rtta •-' Wa 30 °t Ridge _ Y ------------ ge -- -------Hwy 394 ----------------------- — HH'Y 394 Yzata,g/vd - \ 146 ' °/ d --------------------------------------------------------------�e S w l� as T r I ---------------------------------- ----------------- ----------------------- I �� IL Wayzata Blvd ELM yvY o SFrontage Rd (SLP) iRd Wayzata Blvd Tyrol Crest rn er m o z a << kl rn m c 0 sya+ m • O " h rh N Avon 9u y Trai\ ° 0 aai " I c T Z 16 ° aDoug,as Ave --�= a---Boughs-,eve------------------------------- -- 1 29 -----26HrAve•N--------------------------------------- Z j �Al"lyj�' j tINZ oa s o Ve c m e Z N o •° Q Merribee or Q Z c Y 1 > > �' Z Q lY Q ^I J pglish \ m _ e Wynnwood Rd z m Wynnwood Rd < Q a u ion ,P6 ti \ j 2 Z Z lKin9 >. o o t w o o c •Y c k Dr Basse 4 z tie te'•a ='� \�aYfair� s i �..... 23rd Ave X -O > m I1O0 m Q -J o ° 2 N �° , Ln Cree Creek L > > l ♦$d L Oa mj e ,-� 23rd Ave N > o¢ o o \ oa et Q Ld Valley Rd� •� �—�r 23rd Ave N O ® - d �, ho@ a ve a O< a >' R o I z z / Jr7z t Sandburg Rd Sandburg Rd -J y Ot n Byrd A N CT n J`Z K Z > • Z t\ ) Westbrook . aDr N a X 6 n ❑ aP > z > Winne Q > ❑ aQ° ga e x - o tka B w n Mark, ss V E - > Q /yei VaId Q m Miny a �• £ o FI in PI .N o m a 9 Z o ers m o i'••-•. Westmore Way �� „ i p 9 c u > ¢ c hrS N '° Ct Y i rn Westbrook Rd �rnnaqu- "\ S Ric"I e , 9i. Y Or j �rarin Tr) Rd W) a w d m A > •` i 112 N � a o D et ❑ U •, A r Q Y > c p 38 m h m t] m Matgar j ® Duluth St GQ N O c ❑ ?e e c i 2 St j Z ® Du/ h Elgin PI c Heights Dr g netkar Kenneth Wa ° ¢ e o � / 4t Winnetka Height m 0 Z Z z o Sr w 9 Y a > > ° o e 0 / OA I > Q 3 Z o c a L rn , Legend Q ds oodPµ 169 4 ¢ rn 2e o Z a 3 2 a Ln A m A G n� Z ° n' 66 d aiand �esrb --I- t- I I I Al I J� a> J > o y o` z° o A o` l> J tehPKv+Y y > n° '^ Q o� q \ end RdA .� 'v Ln = n aai =_ v m �D®y LJ I 2 azi d Q j Z %Yom : y = F ��) Cou end ° c O LL LLE Z z a Z > z\ srbe a� g V p \® Gl ' Earl St u _ Duluth St > > a m 3 uluth St Q > nd Rd aa3 dINNEMMRd 66 t0 �® j o a a P33 Duluth St • • / reenv`e� 5c°� c O �a\Rd GOjdeh v teas z m 3 -o0 7 y and m z G to Heathbrooke �. Q� e c Ct 0t a sv Patsy Ln1 ' o Patsy Ln > m O m _ q� e x Q tY Sorell Ave Cir Y eQr� �d a m 4 o a o z ° r Oui`r Pd o ti j e c° �. P N Duluth Ln o p Q Julianne Ter o ~ >� Y c H C^o, o\d z v t 9 a V m / -'Owl a Naper St C9 - U ,no ,T 0p�\ /\ \ - 3 Julian = •O shire +yQ Z > _ - r o2 WolfberryL ! _ > > Q / Wes/ Green Valley Rd 1 = n 3 c rn Oa LL - lei, 0, _ Wesley Dr P3 hdm'oshi °Pd "°nt O u°) 5Qa m f > re p/ °Ave 4, enac Ave Olym ' / Aquila 9 Archer Ave N P3 tt 4 It L 3 St Croix Ave N Z P9A Winsda/e S Olympia St a D o St Croix Ave N oat Gt\ m \ t E c 40 Z St Croix Ave N a o) to 2 p Z X o Olympia St N Oa > Z U Z o Z c o Q ❑ x m °) A I P4 u O ¢ 1 V y�c £ Welco J Ja\\eyRd �j I v w ��L ILIL e > c o a _ n 4 WinsdaLe St Z m m 3 f0 Z Z Z o` G°c \ >° Q m G°\den Winsd-LHL y > C �1, W N. > N e U Z W/SII 144 y > rn n Q�eWinsdale St N Knoll St Q Q Z / ❑ and Dr) m - Knoll Sto - c c o X o P Z y Y Knoll St c ❑ U > ° Oa\ x rn v a O o 1 o z w ¢ > c 'o a o '< Mdn J ; „ o Q a ddrj O1Q - t7 :E •°° ` v7o D Plymouth Ave N w m Topel Rd O °' �m lymout fD O Z Z Plymouth Ave N m y a\\ y eY R > Q� N 3 nV ¢ trple U Oa a Go\de E (Woodland I to°u U c F Gt° St Cir o Trail) �/1dt I Q\y 0 Oa z z Pnpenix Z ? £ 114 Or) _ } > Z N > NIli U m --- J Z v0 d Phoenix St m > I6 �••' 0 I _ J Z _ > EI P15 LL Phoenix St a o _a • I v ¢ e O Q CL � w z � o \9`e Ork"Or c E x l� Lindsay St 115 p 3 c Thotland Rd r Faribault JaUeY 0 1 Faribault St I °\den 1 z lothAve N z ` o °° Oa 5 Ot i I .° .. Q - Property Not Owned In Fee Turnbacks and Unimproved ROW Disposition Plan Possible development potential (3) Preserve as park/open space (30) Possible development potential, MnDOT Conveyance Property (1) Transfer to adjacent owner (34) ------------,vlearcme-cake�2d---- IF - ° ----- 1---------C-otm -�------------lv cmeta)cenv----------------------------p------------ ----- -- --------the 27thme & Z rnV c Zd-N-__-__-__� (__-_--__-__-__-__-__ m o 'Medley Re, o Z A __-__-__-_ Z v r Kentley Ave ° .fie 59 v Q 4r9 w y Q > dley c'4 m 25th Ave N c ,rester Or a y Z c W p aC M. ° c\ e N > Q ° P35 • Z Madison Ave W V Ae D I or Medleyl.n m o to e `e Rose Z 24th A N ¢ l] Jonellen Ln z ------------ ldMrAve-N-------------------34th Ave -id----- 1 Z Z m Z ! Z S ¢ Drake Rd .7 Q < o > J a T i y -1 33rd Ave N Cross Ln Z IM Oa Tr\ton � z C z > '°•eh tiP Qe Normandy a Ter a a � L Q rn m o i O e w L a Q uAJU Z Culver Rd U) F-1 Culver Rd > '21 I _ a Y / J DawnviewTer '\ea P73 �z dwnviet) Q ; 7 Dona Ln 'a d s a 81 27th Ave N Z U Z Z Z w O P31 Q Marie Ln W Marie Ln E Q > i ) U Z 0 N rn Hampton Rd ¢ z c > o g Q ¢ Hampton Rd L-CY -------- = z {� (L ¢ o ewes Rd e c 1 Ll_L� z 0 t0 Z 1 z `- o _ \ 2� 1 _ v_ � a l i o c �d lbassett Cree 1 1 Z N w. c z d° "Eo a > �a\\eYRd 11 o ' pea9Dr Meadow LnN o °i 3� Y J` G°lden 1' m 3 Schaper Rd R m z r ev d' c o 120 Z o ❑ c 7 tGalley r c Cou�lub Dr 111 N = o` � 3 55 Gl en woo y - - - N Frontage Rd /p P m _ N Frontage Rd 61 e2 m - _ Frontage a o D Fro to a Rd n ape - - g < morial Hwy Hwy 55 on Me 55 S Frontage Z 9 Rd Frontage Ka intage"R � � � � � °' � 1 eyk. er tae ae Y °uT eRd 1 oq Oaf a o ¢ _ _ - �I E+ ` S Fronta90 1 `t" 1 9 \a�n T ❑ a Z y U a )!7 Verleaf rate O v c > - - tea ti 1 Z O G a ,n m rn c R m it Kingston Giro y,hee ey�ea , 1 _ Z Bnrnt ` P62 Wally St T Z n G 5t°r 11 c Woodstock Ave y Woodstock Ave w o 0 0 ? H °/ 0 1�e % Woodstock Ave Z 3 o m 90 �z e Harold Ave QgWy N Harold Ave K Q _ Harold Ave ,p ar Uq`e 'a ` / / 11 o - 4 U \eat Oa ° - rn > t� a °y0 i 1 y 125 G\ove< i z E Beverly Ave o°. Z S Z Lorin Ln v 0 c 92 �. li e 0 126 a 91 Alleyd = `°0 P14Meanye d - d 52 ? n LL ° Dr a� 1 / z �� C rR 11 c y' Loring Ln D Poplar Dr C/ °m ¢ Qa`5\e`I Ora 1 c t 3 S m2 Kent Z ehh,°O t7 0 °SS 1 y°me U ra I o m m t �Do Q !n '� ¢> dq ye 3 / •0 3 0 of o� p D >, Z Z e) J 1 t rn E (Private) -- a S 4nh z `m o v w .y a \ _ = a snn° C�rrQr9e S ' m r Qe a P12 u CIDf m c i m / z > ° nOke < 40 e Roanoke Cir _ o 1 , 10 Western Ave -- - E � P5 1 Western Ave = 2Q g ¢ Rd eb d 0li / m ^ Ln ov O rn � Western Ave 3 m County Rd 40 � nwood Ave � � G 6 y a O C 10 i`ern Ter v eQ on Q-a c Q �, o a- y - c CortlaW LL Q �_ °unh'Rtl40 O Z w a ay�a`1 19 o m Q Q > � h 0/1 o = x eAve 1 m w yd�o c m d0 w v m- a - m ti o n w c Q 76 County Rd 4 1 ------------------------- N 1 d = Tel y N Q" O m ,m > �j m e > Y U 1 `° Turnpike d rn = E e z i. \ Cortlawn Cir S w ¢ �tn9 �� A fL P34B 2 I y J Q ° Y °>' o '; J a 3 �I Y --�,I r ) l� 2 f0 �. :° �4S�n 3 L Janalyn Gil rn e ❑ m o° Ridgeway Rd v (Laurel Colonial Rd ro o O w I 00 ° L) 3 L) o G Ave S (I 44 L Colonials c .° I or II aOrel Pt) c n Westwood m a = _ ? Ln m Glencrest Rd • I LL Laurel Ave O Laurel Ave metre _ _ Laurel Ave 9 101 Turnpike O 100 Q -I H rn m Strawberry I `m IX Gregor, > �)a� Ra L Y Janalyn Cir ) ® 2 h Cl) y e ss 3 m Ln m c o e o rn on Rd pike Rd z West ° a a> a' > rn r o Tyrol Tr Cl) fn y m WaY2ata B/ �aJ'2 .L• .sYo °) i > e ¢ > o o °o. a vq aloe = o F ¢ ¢ Q Market St O /vd 98 ra h a 115 Dr Golden Hills Dr �399 rn y > .w m E ° Edgetv, erg` tr �eado -- c 394 NF 100 'a a o -L' = 4 oa o \w<nS j J D a rontage �— I w.5 ,�0 ` ro'ra9eR a 1.394 N Frontage Rd < 9 S4 e a 9Ve S Q ro Wayzata Blvd e - m Os N T r ----------------- -- ntd9e Rd Hwy 394 HWy 394 W a 4LtaBlvd - Y — -- -- -- -- -- — — -- -- -- -- — — -- -- — -- -- — — — ------ -- — — -- -------------------------------------------------------------------------------------- — 9 / et Ridge° I _---------------- - I Wayzata Blvd , / ` . WY o aSFrontage Rd (SLP) i f�Rd 104Wa � yzata Blvd d�Ar \y d a5F`° 107 109 110 Tyrol Crest n 6 e�� to > yi• a�\ ��q I> o Z N d ° v_ 8 o e r j 04 o m s5°+tea ' o J`o' N c �i j 03a rn N AVond 9v Trait d ai e I > 95 3 e e 1n129Z U. p '� Douglas Ave aau --Boergfas-)4ve----------- 46111 mo p/ymouth Ave 30 1 I -Yes 1805 Hillsboro Ave N Other 2 1- Yes 3 1- Yes 0.05 2,283 Yes Road Other Open Space 0.001501 65.381906 Yes Turf Adjacent Owner maintian. Sliver of land. Other Open Space 0.009118 397.196826 No Trees Sliver of land. Transfer only if this additional r.o.w. is not needed. 3 parcels off Flag Ave N. Steep slope present. Original recommendation was develop, but slope and drainage hinder Space Keep as Open Space (ROW) No Transfer Yes Street and Transfer Yes Street and Out Out 4 1- Yes 1313 Flag Ave N Other Open Space 0.54 23,381 No Trees development. Keep as Open Space Yes Street Utilities, Park, Public Access, and Open Space Out City City 5 1-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 3111821210007 7 1- 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 3111821110062 Transfer and retain esmt or continue to hold tax forfeit property. Has 8 1-Yes Other Open Space 0.06 2,709 No Vegetation wetland and storm pipe present. Transfer Yes Utility Out City City 9 1- 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 3111821130008 11 1- Yes Other Open Space 0.11 4,825 Yes Turf Adjacent Owner maintain. Sliver of land. Transfer Yes Utility R/W Out City City 12 1- Yes 7100 Sandburg Road Other Open Space Madison Pond 0.87 37,925 Yes Vegetative Buffer Keep as Open Space No Out City City 2911821120029 13 1-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 City 141-Yes Other Open Space 0.11 41815 Yes Turf Adjacent Owner maintain. Transfer No Out City City 16 1-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 2911821440032 Turf maintained by city about ever other week, streetscape, 17 1- Yes 950 Winnetka Avenue North Other Open Space Library Hill 0.87 37,823 Yes Turf underground utilities Keep as Open Space No 100yr City City 3211821230180 18 1- Yes Other Open Space 0.04 1,939 No Water Feature Bassett Creek channel Keep as Open Space Yes Drainage 100yr City City Underground Utilities and easements present. We have to hang on to these properties because the deed has a right of reverter to the 19 1- Yes Other Open Space 0.05 2,223 No Trees state. Keep as Open Space Yes Out City City Sliver of land. Easements present. We have to hang on to these 20 1- Yes Other Open Space 0.01 284 No Trees properties because the deed has a right of reverter to the state. Keep as Open Space Yes Ponding Out City City 21 1-Yes 7831 Olson Memorial Hwy Other Open Space 0.62 26,813 No Trees Develop No Out City City Turf near road maintained by city 2-3 times a year, remainder is road 22 1-Yes Other Open Space 0.41 17,852 Yes Water Feature and pond, Underground Utilities Keep as Open Space No Out City Private 23 1- 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 3211821430075 Turf portion mowed about every other week. The rest is a wetland 24 1- Yes 200 Georgia Avenue North Other Open Space Georgia Open Space 0.84 36,480 Yes Water Feature with cattails. Keep as Open Space No Out City City 3211821440031 25 1- Yes 40 Hampshire Ave N Other Open Space 0.36 15,842 No Water Feature Keep as Open Space No Out City City 28 1- 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 411721230056 29 1- 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 411721210037 Adjacent Owner maintains. Transfer should only occur as part of 301-Yes 1201 Turners Crossroad South Other Open Space 0.19 8,180 Yes Turf development. Transfer No Out HRA HRA Wooded, low, turf by road maintained by city 2-3 times a year, underground utilities present. Could be developed with adjacent 31 1- Yes 3300 Lilac Dr N Other Open Space 0.75 32,852 Yes Trees underutilized parcels. Develop No Out City City No utilities present, steep slope, adjacent to Sochacki, add to park 32 1- Yes 3015 JUNE AVE N Other Open Space 0.47 20,546 No Trees area Keep as Open Space No Out City City 34 1- Yes Other Open Space 0.02 900 Yes Road Keep as Open Space (ROW) No Out City City 35 1- 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 1802924210053 39 1- 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 1702924220086 40 1-Yes Other Open Space 0.11 5,003 Yes Turf Probably should be sold to neighboring property. Transfer No Out City City Platted as park. Nearby owners maintain. Bordered by r.o.w., 41 1-Yes Other Open Space 0.24 10,588 Yes Turf accessible. Pocket park potential. Keep as Open Space No Out City City Platted as park. Turf maintained by city weekly - need to check this. 42 1-Yes Other Open Space 0.23 9,917 Yes Turf Not very accessible. Possible potential for pocket park if retained. Keep as Open Space No Out City City 43 1- 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 City 44 1- Yes Other Open Space 0.06 2,750 Yes Road Adjacent Owner maintain, Underground Utilities Keep as Open Space (ROW) No Out City Private Regional trail. Turf maintained by Three Rivers Park District as per a 45 1- Yes Other Open Space 0.48 20,720 Yes Trail Maintenance Agreement Keep as Open Space No Out City City 46 1-Yes Other Open Space 0.53 23,036 No Trees Property adjacent to Wirth and railroad. Transfer No Out HRA HRA Regional pond. Adjacent Owner maintain turf (Animal Humane 48 1- Yes 4100 Dahlberg Drive Other Open Space Dahlberg Open Space 4.51 196,578 Yes Turf Society?), Underground Utilities Keep as Open Space No Out HRA City 1902924140139 New Sanitary Sewer Lift Station, turf historically maintained by city 2- 49 1-Yes Other Structure/Utility Highway 55 Lift Station 0.34 14,841 Yes Turf 3 times a year. Keep as Open Space No Out City City 50 1- Yes Other Open Space 0.19 8,198 No Water Feature Sweeney Branch of Bassett Creek Keep as Open Space Yes Nothing 100yr City City 51 1-Yes Other Open Space 0.03 1,207 Yes Turf Adjacent Owner maintain. No City utilities present. Transfer No Out City City 54 1- 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 1902924430068 55 1- Yes Other Open Space 0.01 367 No Trees Sliver of land. Transfer Yes Street and Utility R/W Out City City 56 1- 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 3002924110012 57 1- 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 3002924110035 Purchased MnDOT Conveyance Adjacent Owner maintain turf, Underground Utilities. Purchased 113 1- Yes 1611 Lilac Dr N Other Open Space property 0.68 29,489 Yes Turf from MnDOTfor HOPE Program 06/2024 Develop 122 1-Yes 504 Lilac Dr N Other Open Space Turnback 0.50 21,612 No Vegetation Purchased from MnDOT for HOPE Program 06/2024 Develop 134 1- Yes 2415 DOUGLAS DR N Other Open Space 0.52 19,327 Yes Turf Property from Douglas Dr Project Develop No Out City City 2911821110021 136 1-Yes 1435 DOUGLAS DR NIIIIIIIIIIIIIIIIIIIIIIIII 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 2911821440060 138 1- 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 2811821230026 Property for Douglas Dr Project. Combine with adjacent underutilized 1391-Yes 1935 BRUNSWICK AVE N Other Open Space 0.66 28,773 Yes Turf parcels for development. Develop No Out City City 2811821230040 1411-Yes 6300 PHOENIX ST Other Open Space 0.28 12,073 Yes Turf not buildable, transfer to adjacent owner Transfer No 100yr City City 3211821110007 142 1- 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 3011821320103 Purchased MnDOT Conveyance 145 1- Yes 5325 Greenview Lane Other Open Space property 0.28 12,320 Yes Turf Purchased from MnDOT for HOPE Program 06/2024 Develop 147 1-Yes 1800 Zephyr PI Other Open Space 0.24 10,655 Keep as Open Space Out City City 1702924310033 148 1- Yes 6920 Glenwood Ave Other Open Space 0.32 13,955 Keep as Open Space Out City City 3211821430037 149 1-Yes 7901 23rd Ave N Other Open Space 0.33 14,290 Keep as Open Space City City 3011821140042 3 W Pl 1- Yes 200 Brookview Parkway North Park Community Park Brookview Park 23.11 1,006,568 Keep 100yr City City PSl 1- Yes 1141 Valders Avenue North Park Neighborhood Park Golden Oaks Park 1.86 80,938 Keep Out city City 3111821110021 P13 1- Yes 900 Westwood Drive South Park Neighborhood Park North Tyrol Park 9.12 398,112 Keep Out City City 3002924130032 P16 1- Yes 1510 Kaltern Lane Park Neighborhood Park South Tyrol Park 3.56 154,893 Keep Out city City 3002924410081 P17 1- Yes 5850 St Croix Avenue North Park Neighborhood Park St Croix Park 1.44 62,768 Keep 100yr City City P18 1- Yes 3300 Major Avenue North Park Neighborhood Park Stockman Park 1.57 68,277 Keep Out city City 702924130094 P19 1- Yes 7401 Duluth Street Park Neighborhood Park Wildwood Park 4.18 182,224 Keep Out City City 2911821310064 P2 1- Yes 3101 Regent Avenue North Park Community Park Gearty Park 4.60 200,500 Keep Out city City 702924320054 P20 1- Yes 351 Yosemite Avenue North Park Neighborhood Park Yosemite Park 1.47 64,177 Keep Out City City 3311821310043 P21 1- Yes 316 Brookview Parkway South Park Special Use Facility Brookview Golden Valley 153.32 6,678,384 Keep 100yr city City 3111821430001 P23 1- Yes 7101 Sandburg Road Park Special Use Facility Isaacson Park 10.92 475,683 Keep Out city Private 2911821130003 Sochacki Park (Rice Pond Mngmt P26B 1-Yes 4120 Bassett Creek Drive Park TRPD Regional Park Unit) 9.16 398,983 We own, Three Rivers Park District manages. Keep 100yr city Three Rivers Park District 1802924110049 Sochacki Park (Mary Hills Mngmt P26C 1- Yes 2190 Bonnie Lane Park TRPD Regional Park Unit) 15.75 685,951 We own, Three Rivers Park District manages. Keep 100yr City Three Rivers Park District 1802924110050 P29 1- Yes 910 Adeline Lane Nature Area Nature Area Adeline Nature Area 1.25 54,475 Keep 100yr city City 1902924240012 P30 1- Yes 2130 Zane Avenue North Nature Area Nature Area Bassett Creek Nature Area 7.61 331,633 Keep 100yr City City 2811821240034 General Mills Nature Preserve P32A 1-Yes 92010lson Memorial Highway Nature Area Nature Area (North) 18.90 823,280 Keep 100yr city City 3111821330011 General Mills Nature Preserve P32B 1-Yes Nature Area Nature Area (South) 7.74 337,228 Keep 100yr City Private Laurel Ave Greenbelt (E & W P34A 1-Yes 7100 Laurel Avenue Nature Area Nature Area Ring Ponds) 14.54 633,557 Keep Out city City 511721210077 P34C 1- Yes Nature Area Nature Area Laurel Ave Greenbelt 1.30 56,499 Keep Out City City P36 1- Yes 7600 Western Avenue Nature Area Nature Area Western Avenue Marsh 21.65 942,915 Keep 100yr city City P55 1- Yes 2575 Winnetka Avenue North Community Facility Cemetery Golden Valley Cemetery 0.73 31,885 Keep Out City City 3011821110002 P56 1- Yes 3700 Golden Valley Road Community Facility City Campus 1.73 75,176 Keep 100yr city City 1702924230020 P57 1- Yes 9400 10th Avenue North Community Facility City Campus 8.24 358,816 Keep Out City City 3111821220022 P58 1- Yes 9305 loth Avenue North Community Facility City Campus 6.41 279,191 Street Dept Outdoor Storage (s. side loth) Keep Out City City P59 1- Yes 7800 Golden Valley Road Community Facility City Campus City Hall Campus 10.20 444,182 Keep Out City City 3211821230188 P601-Yes 400 Turners Crossroad South Community Facility City Campus 1.11 48,567 Keep Out City City 411721210023 P7 1- Yes 631 Ottawa Avenue North Park Community Park Schaper Park 11.28 491,355 Sanitary Sewer Lift Station Keep 100yr City City 1902924240023 P8 1- Yes 1856 Toledo Avenue North Park Community Park Scheid Park 10.35 451,043 Keep Out City City 1802924320045 P913 1- Yes 8200 Plymouth Ave Park Community Park Wesley Park (South) 9.09 395,955 Keep Out City City 38 2 - 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 1802924220002 Primarily Real Property but park boundary/how it's represented in 52 2 - Mixture Other Open Space 0.28 12,409 No Trees mapping includes some ROW. Keep as Open Space No 100yr City City Primarily Real Property but park boundary/how it's represented in 58 2 - Mixture 1345 Tyrol Trail Other Open Space South Tyrol Pond 0.85 36,984 Yes Vegetative Buffer mapping includes some ROW. Keep as Open Space No Out city City 3002924410079 Primarily Real Property but park boundary/how it's represented in 146 2 - Mixture 5050 Wayzata Boulevard Other Open Space Spring Green South Open Space 0.56 24,199 mapping includes some ROW. Keep as Open Space Out City City and Private 3002924230067 Primarily Real Property but park boundary/how it's represented in P12 2 - Mixture 201 Natchez Avenue North Park Neighborhood Park Natchez Park 5.42 236,220 mapping includes some ROW. Keep 100yr City City 1902924340016 Primarily Real Property but park boundary/how it's represented in P14 2 - Mixture 220 Paisley Lane Park Pocket Park Paisley Park 0.40 17,629 mapping includes some ROW. Keep Out City City 3311821339000 Primarily Real Property but park boundary/how it's represented in P15 2 - Mixture 1101 Florida Avenue North Park Neighborhood Park Seeman Park 4.48 195,328 mapping includes some ROW. Keep Out city City 3211821110019 Primarily Real Property but park boundary/how it's represented in P3 2 - Mixture 1610 Louisiana Avenue North Park Community Park Hampshire Park 14.00 609,653 mapping includes some ROW. Keep Out City City 2911821420001 Primarily Real Property but park boundary/how it's represented in P31 2 - Mixture 2600 Unity Avenue North Nature Area Nature Area Briarwood Nature Area 20.06 873,958 mapping includes some ROW. Keep 100yr city City 702924330001 Primarily Real Property but park boundary/how it's represented in P33 2 - Mixture 9147 Earl Street Nature Area Nature Area Golden Ridge Nature Area 2.51 109,279 mapping includes some ROW. Keep Out City City 3011821320130 Laurel Ave Greenbelt (Cortlawn Primarily Real Property but park boundary/how it's represented in P34B 2 - Mixture 6900 Laurel Avenue Nature Area Nature Area Pond) 17.27 752,061 mapping includes some ROW. Keep Out city City 511721110043 Primarily Real Property but park boundary/how it's represented in P35 2 - Mixture 2301 Rhode Island Avenue North Nature Area Nature Area Pennsylvania Woods 22.92 1,031,689 mapping includes some ROW. Keep Out City City Primarily Real Property but park boundary/how it's represented in P4 2 - Mixture 1521 Hillsboro Avenue North Park Community Park Lakeview Park 4.86 211,678 mapping includes some ROW. Keep Out city City Primarily Real Property but park boundary/how it's represented in PS 2 - Mixture 151 Louisiana Avenue North Park Community Park Lions Park 18.78 817,978 mapping includes some ROW. Keep Out City City 3211821340034 Primarily Real Property but park boundary/how it's represented in P6 2 - Mixture 2331 Ensign Avenue North Park Community Park Medley Park 12.72 554,248 mapping includes some ROW. Keep Out city City Primarily Real Property but park boundary/how it's represented in P73 2 - Mixture 5115 DAWNVIEW TER Other Open Space 0.30 12,892 mapping includes some ROW. Keep 100yr City City Primarily Real Property but park boundary/how it's represented in PSA 2 - Mixture 8305 Wesley Drive Park Community Park Wesley Park (North) 10.78 469,505 mapping includes some ROW. Keep Out City City 59 3 - No Unimproved ROW 25th Ave N 0.07 3,217 Yes Turf Adjacent Owner maintain turf (Christian Life Center) Transfer 60 3 - No Unimproved ROW 0.04 1,610 Yes Turf Adjacent Owner maintains turf. Utilities present. Transfer but retain es Transfer 61 3 - No Unimproved ROW Elgin PI 0.08 3,669 Yes Turf Adjacent Owners maintain turf. Keep as Open Space (ROW) 62 3 - No Unimproved ROW Duluth St 0.41 18,037 No Trees Improved Trail, Underground Utilities Keep as Open Space 63 3 - No Unimproved ROW Duluth St 0.49 21,223 No Trees Improved Trail, Underground Utilities Keep as Open Space 64 3 - No Unimproved ROW 0.17 7,273 Yes Landscaping Adjacent Owners. There are fences, sheds, turf, etc. Transfer 66 3 - No Unimproved ROW 0.17 7,300 Yes Landscaping Adjacent Owners. There are fences, sheds, turf, etc. Transfer 67 3 - 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, Undergrc Keep as Open Space 68 3 - No Unimproved ROW 0.17 7,351 Yes Landscaping Adjacent Owners. There are fences, sheds, turf, etc. Transfer 69 3 - No Unimproved ROW 0.14 5,933 Yes Landscaping Adjacent Owners. There are fences, trees, turf, etc. Transfer 70 3 - No Unimproved ROW Flag Ave N 0.04 1,820 No Trees Underground Utilities. Transfer but retain esmts. Transfer 71 3 - No Unimproved ROW 7th Ave N 0.11 4,991 No Water Feature Keep as Open Space 72 3 - No Unimproved ROW Golden Valley Dr 0.15 6,453 Yes Turf Adjacent Owner maintain turf. There is also public sidewalk here, Undi Transfer 73 3 - No Unimproved ROW Bassett Creek Dr 1.33 57,977 Yes Water Feature Some adjacent owners mow into ROW, Underground Utilities Keep as Open Space 74 3 - No Unimproved ROW 0.24 10,246 Yes Trail Turf maintained by Three Rivers Park District as per a Maintenance Agi Keep as Open Space 75 3 - 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 Space 76 3 - No Unimproved ROW Turners Crossroad S 0.08 3,285 Yes Trail Turf maintained by Golden Valley Lutheran Church as per a Maintenan Transfer 77 3-No Unimproved ROW 34th Ave N 0.20 8,918 Yes Turf Adjacent Owner maintain turf. Also trees on this ROW, Underground L Keep as Open Space W N 78 3 -No Unimproved ROW Adell Ave 0.64 27,918 No Trees Social Trail. Potential for a trail connect to Sochacki Park, Undergrounc Keep as Open Space 79 3-No Unimproved ROW June Ave N 1.04 45,268 No Trees Sochacki Park Keep as Open Space 80 3 - No Unimproved ROW Elmdale Rd 0.42 18,442 Yes Turf Adjacent Owners. Turf worn down. Potential for a trail connect to Socf Keep as Open Space 81 3 - No Unimproved ROW 27th Ave N 0.37 16,005 Yes Turf Adjacent Owners maintain turf and some planted trees along with oth, Transfer 82 3 - No Unimproved ROW Toledo Ave N 0.24 10,274 Yes Turf Adjacent Owner maintain turf. Underground Utilities present. Need to Transfer 84 3 - No Unimproved ROW Glenwood Pkwy 0.08 3,664 No Rocks Steep slope, Underground Utilities Keep as Open Space 85 3 - No Unimproved ROW 0.20 8,788 No Trail Dirt road along RR, Underground Utilities Keep as Open Space 86 3 - No Unimproved ROW Zephyr PI 0.15 6,474 No Trees Steep area, Underground Utilities Keep as Open Space 87 3 - 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 Space 88 3 - No Unimproved ROW 17th Ave N 0.40 17,257 No Trees Keep as Open Space (ROW) 893-No Unimproved ROW Natchez Ave 0.15 6,387 No Trees Transfer 90 3 - No Unimproved ROW 0.15 6,699 Yes Turf Adjacent Owners. There are fences, trees, turf, etc. Transfer 91 3 - No Unimproved ROW VAC DOC 1484053 0.03 1,122 Yes Turf Adjacent Owners. There are fences, trees, turf, etc. Transfer 92 3 - No Unimproved ROW 0.08 3,359 Yes Landscaping Adjacent Owners. There are fences, trees, turf, etc. Transfer 93 3 - No Unimproved ROW Sumac Rd 0.10 4,402 Yes Landscaping Adjacent Owners. Unused roadway. There are fences, trees, turf, etc, I Transfer 94 3 - No Unimproved ROW Alpine Pass 0.27 11,642 No Trees Underground Utilities Keep as Open Space 95 3 - No Unimproved ROW 0.03 1,512 Yes Turf Adjacent Owners. Transfer 96 3 - No Unimproved ROW Bridal Path 0.36 15,534 Yes Trail Along Trail gets mowed 2-3 times a year. Keep as Open Space 97 3 - 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 Space 983-No Turnback 1-394 0.22 9,491 Yes Turf Adjacent Owner maintain turf. Transfer 99 3 - No Turnback 1-394 0.06 2,400 Yes Turf Turf by trail maintained by city about every other week. Transfer 1003-No Turnback 1-394 0.10 4,487 Yes Turf Adjacent Owner maintain turf. Transfer (note - need to remap this) Adjacent Owner maintain turf, Underground Utilities present, transfer only if adjacent property is 101 3-No Turnback 1-394 0.19 8,213 Yes Turf developed Transfer 102 3 - No 4707 Circle Down Turnback 1-394 Release 1518 0.55 23,853 No Vegetation Underground Utilities present. Develop Adjacent Owner maintain turf. May make more sense to transfer 103 3 - No Conveyance (MnDOT 1-394 0.29 12,691 Yes Turf parcels to adj owners. Variance to develop? Develop MnDOT 104 3 - No Turnback 1-394 0.08 3,626 Yes Turf Adjacent Owner maintain turf. Transfer 107 3 - No Turnback 1-394 0.07 3,036 No Vegetation Underground Utilities Keep as Open Space 108 3 - No Turnback 1-394 0.05 2,275 Yes Turf Adjacent Owner maintain turf. Transfer 1093-No Turnback 1-394 0.01 367 Yes Turf Adjacent Owner maintain turf. Transfer 110 3-No Turnback 1-394 0.13 5,632 No Trees Transfer 112 3 - No Turnback Hwy 100 Release 146274 0.19 8,221 Yes Turf Honeywell soil and groundwater wells, treatment system present Keep as Open Space 114 3 - No 1211 Lilac Dr N Turnback Hwy 100 Release 1545 0.52 22,628 No Trees Develop 115 3 - No 1131 Lilac Dr N Turnback Hwy 100 Release 1545 0.26 11,216 No Vegetation Develop 117 3 - No Turnback Hwy 100 0.70 30,294 Yes Vegetation City mows 2-3 times a year. Keep as Open Space 118 3 - No Turnback Hwy 100 0.14 6,190 Yes Turf City mows 2-3 times a year. Keep as Open Space 119 3 - No Turnback Hwy 100 0.43 18,886 Yes Turf Adjacent Owner maintain turf. Transfer 120 3 - No Turnback Hwy 100 0.39 17,064 Yes Turf Adjacent Owner maintain turf. Transfer Part of the property is mowed 2-3 times a year. MnDot only had 121 3 - No 300 Turners Crossroad N Turnback Hwy 100 Release 1545 2.53 110,247 No Trees highway esmt here. Develop 123 3 - No Turnback Hwy 100 Release 1545 0.10 4,161 Yes Turf Adjacent Owner maintain turf. Transfer 124 3 - No Turnback Hwy 100 Release 1545 0.13 5,797 No Vegetation Transfer 125 3 - No Turnback Hwy 100 Release 1545 0.16 7,058 Yes Turf Adjacent Owner maintain turf. Transfer 126 3 - No Turnback Hwy 100 Release 1545 0.24 10,324 Yes Turf Adjacent Owner maintain turf. Transfer 128 3 - No Turnback Hwy 100 Release 1545 0.82 35,908 No Trees Transfer only if redevelopment or Lilac Dr removed. Transfer 129 3 - No Unimproved ROW 0.16 6,797 Yes Landscaping Adjacent Owners. There are fences, sheds, turf, etc. Only transfer after Transfer 132 3 - No Unimproved ROW 0.06 2,546 No Keep as Open Space 133 3 - No Unimproved ROW 0.05 2,307 Yes Adjacent Owners. There are fences, sheds, turf, etc. Transfer only after Keep as Open Space 135 3 - No Unimproved ROW Thotland Rd extension 0.10 4,543 Yes Landscaping Adjacent Owners. Utilities present. Keep as Open Space 1433-No Turnback Hwy 55 1.04 45,291 No Trees MnDOT or Southwirth Apts maintains Turf alongside Hwy 55 Transfer 144 3 - No Turnback Hwy 169 0.52 22,460 No Vegetation Portions may be transferred, depends on r.o.w. avail. Keep as Open Space P61 3 - No 5000 Olson Memorial Highway ROW/Private Property Structure/Utility Highway 55 Lift Station 0.04 1,766 Old Location of Sanitary Sewer Lift Station 100yr City City 1902924230023 P623-No 4000 Woodstock Avenue ROW Structure/Utility Woodstock Lift Station 0.00 212 Yes Sanitary Sewer Lift Station Keep city of goldven'.��e 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 4t" day of March, 2025. Roslyn Harmon, Mayor ATTEST: Theresa J. Schyma, City Clerk 135 2024 to 2025 General Fund Budget Carry Forward Requests Department Information Technology Information Technology Information Technology DEI DEI Finance Item Budget Coding Budget Accela Implementation 1037.6440 $ 40,000 Intranet Services 1037.6440 8,000 Supplies for Teams Calling Transition 1037.6440 1,000 ERGs (BEE) 1039.6415 3,500 Printing Supplies 1039.6320 2,500 Administrative Services Total $ 55,000 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 General Fund Public Safety Aid Budget Adjustments 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 $ 902,003 136 city of goldven'.��e ), 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=GoldenVaIley 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 pity °f goldeno.��Ift EXECUTIVE SUMMARY Valle 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. c . 340A § 340 .285� as it may be amended rom 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 pity °f goldenIft EXECUTIVE SUMMARY valley 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. o 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. See. 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. See. 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. See. 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 I Schyma, City Clerk 147 MINNESOTA STATUTES 2024 462C.16 462C.16 HOUSING TRUST FUNDS FOR LOCAL HOUSING DEVELOPMENT. Subdivision 1. Definitions. (a) For the purposes of this section, the following terms have the meanings given to them. (b) "Commissioner" means the commissioner of the Minnesota Housing Finance Agency. (c) "Fund" means a local housing trust fund or a regional housing trust fund. (d) "Local government" means any statutory or home rule charter city or a county. (e) "Local housing trust fund" means a fund established by a local government with one or more dedicated sources of public revenue for housing. (f) "Regional housing trust fund" means a fund established and administered under a joint powers agreement entered into by two or more local governments with one or more dedicated sources of public revenue for housing. Subd. 2. Creation and administration. (a) A local government may establish a local housing trust fund by ordinance or participate in a joint powers agreement to establish a regional housing trust fund. (b) A local or regional housing trust fund may be, but is not required to be, administered through a nonprofit organization. If administered through a nonprofit organization, that organization shall encourage private charitable donations to the fund. Subd. 3. Authorized expenditures. Money in a local or regional housing trust fund may be used only to: (1) pay for administrative expenses, but not more than ten percent of the balance of the fund may be spent on administration; (2) make grants, loans, and loan guarantees for the development, rehabilitation, or financing of housing; (3) match other funds from federal, state, or private resources for housing projects; or (4) provide down payment assistance, rental assistance, and home buyer counseling services. Subd. 4. Funding. (a) A local government may finance its local or regional housing trust fund with any money available to the local government, unless expressly prohibited by state law. Sources of these funds include, but are not limited to: (1) donations; (2) bond proceeds; (3) grants and loans from a state, federal, or private source; (4) appropriations by a local government to the fund; (5) investment earnings of the fund; and (6) housing and redevelopment authority levies. (b) The local government may alter a source of funding for the local or regional housing trust fund, but only if, once altered, sufficient funds will exist to cover the projected debts or expenditures authorized by the fund in its budget. Official Publication of the State of Minnesota Revisor of Statutes 148 462C.16 MINNESOTA STATUTES 2024 2 Subd. 5. Reports. A local or regional housing trust fund established under this section must report annually to the local government that created the fund. The local government or governments must post this report on its public website. Subd. 6. Effect of legislation on existing local or regional housing trust funds. A local or regional housing trust fund existing on July 1, 2017, is not required to alter the existing terms of its governing documents or take any additional authorizing actions required by subdivision 2. History: 2017 c 94 art 11 s 8 Official Publication of the State of Minnesota Revisor of Statutes 149 Local Housing Trust Funds (LHTF) are funds established by a local government by dedicating local public revenue for housing. They are a consistent, flexible resource for housing within a local jurisdiction. Trust funds help communities leverage public and private resources and jumpstart projects that draw investment and jobs. LHTFs enable prioritizing developments that maximize benefit to the community. In 2017, the Minnesota Legislature defined a LHTF in law, providing clarity to assist local jurisdiction with housing investments. In 2021, to incentivize LHTFs, they authorized a state match fund of $1 million, providing a one-to-one match on the first $150,000 of new revenue invested in housing trust funds by cities and counties, and a one -to -two match on the next $150,000 of available funds. Since 2017, Minnesota has seen a steady increase in LHTFs, as 20 cities and counties across the state have adopted them, with more on the way. This report includes information from MHP's third annual survey of cities and counties regarding LHTF. 20 *a I ■■■ own Communities llnterestedinnLIHTFs (((1 s75,000 � Range of Fund Sizes $1010001000+ Benefits of LHTFs Leverage private dollars Provide flexibility to meet local needs Encourage local contributions Establish dedicated sources of revenue 150 Cities (13): Alexandria Bloomington Duluth Eden Prairie Edina Minneapolis Minnetonka Northfield Red Wing Richfield Rochester St Louis Park St Paul Counties (7): Chisago Crow Wing Goodhue Hennepin Lake Otter Tail Swift Homebuyer Preservation Gap Financing Creating Deeper Housing Assistance Affordability Stability 151 Date Adopted Funding Source(s) Use(s) Alexandria 2019 TIF Pooling Homebuyer Assistance • HRA Levy Preservation Housing Related Funds Bloomington 2019 TIF Pooling Housing Stability • One-time Funds Preservation • Donations Gap Financing Housing Related Funds Revolving Loan Fund Duluth 2022 HRA Levy Preservation Housing Related funds Gap Financing Eden Prairie 2022 Still Determining Still Determining Edina 2019 TIF Pooling 4d Program Costs Housing Related Funds Preservation Gap Financing Minneapolis 2003 TIF Pooling Gap Financing • One-time Funds Preservation • Federal and State Formula Funds Minnetonka 2022 TIF Pooling Housing Stability Gap Financing Northfield 2022 Housing Related Funds Homebuyer Assistance Red Wing 2015 HRA Levy Homebuyer Assistance • TIF Pooling Gap Financing • Preservation Richfield 2020 Federal and State Formula Funds Homebuyer Assistance • EDA Levy Housing Stability • Housing Related Funds Rochester 2018 One-time Funds Deepen Affordability • Donations St. Louis Park 2018 TIF Pooling Homebuyer Assistance • HRA Levy Preservation Gap Financing • Deepen Affordability St. Paul 2019 One-time Funds Homebuyer Assistance • Parking revenues Housing Stability Gap Financing • 4d Program Costs Chisago County 2021 Housing Related Funds Affordable Housing Crow Wing County 2019 HRA Levy Gap Financing • Hombuyer Assistance • Preservation Goodhue County 2018 HRA Levy Homebuyer Assistance • Housing Stability • Gap Financing Hennepin County 2000 HRA Levy Gap Financing • Preservation Lake County 2022 HRA Levy Still Determining Housing Related Funds Otter Tail County 2021 HRA Levy Still Determining Swift County 2020 HRA Levy Preservation Chippewa Valley Ethanol Company Shares Gap Financing Common Funding Sources Common Uses • HRA levy Homebuyer Assistance TIF pooling Preservation (single family rehab, multi -family rehab, NOAH preservation) • Housing related funds (includes land sale proceeds, in lieu of fees, etc) Gap financing (new construction, redevelopment) Imm h • Federal and State Formula Funds (CDBG, HOME, ARPA, etc) Creating deeper affordability IT One-time Funds (intial funding, annual aprorations, etc) Housing Stability (emergency housing assistance) Donations (individual and organizational) improving home & community 152 pity °f goldenIft EXECUTIVE SUMMARY valley 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 Calendar Locatia Winter Market in the Valley (Indoors) 10:00 AM — 1:00 PM Brookview Bassett Creek Room HRA Work Session Council Work Session Special City Council Meeting (Commissioner Interviews) City Council Meeting Building An Equitable Golden Valley Quarterly Conversation: Disabilities HRA Meeting (if necessary) City Council Meeting HRA Work Session (if necessary) Council Work Session 6:30 PM Council Conference Room 6:30 PM Council Conference Room 11:00 AM Council Conference Room 6:30 PM Council Chambers 6:00 PM - 8:00 PM Workabilities, 7400 Laurel Ave 6:30 PM Council Chambers 6:30 PM Council Chambers 6:30 PM Council Conference Room 6:30 PM Council Conference Room 3 Ph