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
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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.
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Roslyn Harmon, Mayor
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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
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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.
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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.
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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
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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
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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.
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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
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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.
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13. Termination. This Agreement shall remain in force and effect commencing from the effective
date and continuing until the completion of all of the parties' obligations hereunder, unless terminated
by the City or amended pursuant to the Agreement. Notwithstanding any other provision hereof to the
contrary, this Agreement may be terminated as follows:
a. The parties, by mutual written agreement, may terminate this Agreement at any time;
b. Contractor may terminate this Agreement in the event of a breach of the Agreement by the
City upon providing thirty (30) days' written notice to the City;
c. The City may terminate this Agreement at any time at its option, for any reason or no reason
at all; or
d. The City may terminate this Agreement immediately upon Contractor'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:
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a. Worker's Compensation Insurance as required by Minnesota Statutes, section 176.181;
b. Business Auto Liability covering vehicles owned by Contractor and non -owned vehicles used
by Contractor, with policy limits not less than $1,000,000.00 per accident, for bodily injury,
death of any person, and property damage arising out of the ownership, maintenance, and
use of such motor vehicles, along with any statutorily required automobile coverage;
c. Commercial General Liability in an amount of not less than $1,000,000.00 per occurrence,
$2,000,000 general aggregate, and $2,000,000 for products -completed operations hazard,
providing coverage for claims including:
i. Damages because of bodily injury, sickness or disease, including occupational sickness or
disease, and death of any person;
ii. Personal and advertising injury;
iii. Damages because of physical damage to or destruction of property, including loss of use
of such property;
iv. Bodily injury or property damage arising out of completed operations; and
v. Contractor's indemnity obligations under this Agreement.
To meet the Commercial General Liability and Business Auto Liability requirements, Contractor may use a
combination of Excess and Umbrella coverage. Prior to commencement of the Work, Contractor shall
provide the City with a current certificate of insurance including the following language: "The City of
Golden Valley is named as an additional insured with respect to the commercial general liability, business
automobile liability and umbrella or excess liability, as required by the contract. The umbrella or excess
liability policy follows form on all underlying coverages." Such certificate of liability insurance shall list the
City as an additional insured and contain a statement that such policies of insurance shall not be canceled
or amended unless 30 days' written notice is provided to the City, or 10 days' written notice in the case
of non-payment.
19. Compliance with State Withholding Tax. Before final payment is made for the Work on this
project, Contractor must make a satisfactory showing that it has complied with the provisions of
Minnesota Statutes, section 290.92 requiring the withholding of State Income Tax for wages paid
employees on this project by providing to the City Engineer a Certificate of Compliance from the
Commissioner of Taxation. Contractor is advised that before such Certificate can be issued, Contractor
must first place on file with the Commissioner of Taxation an affidavit, in the form of an IC-134, that
Contractor has complied with the provisions of Minnesota Statutes Section 290.92.
20. Assignment. Neither the City nor Contractor shall assign this Agreement or any rights under or
interest in this Agreement, in whole or in part, without the other party's prior written consent. Any
assignment in violation of this provision is null and void. Neither the City nor Contractor shall assign, or
transfer any rights under or interest (including, but without limitation, moneys that may become due or
moneys that are due) in the Agreement without the written consent of the other except to the extent that
the effect of this limitation may be restricted by law. Unless specifically stated to the contrary in any
written consent to an assignment, no assignment will release or discharge the assignor from any duty or
responsibility under this Agreement. Nothing contained in this paragraph shall prevent Contractor from
employing such independent consultants, associates, and subcontractors, as it may deem appropriate to
assist it in the performance of the Work required by this Agreement. Any instrument in violation of this
provision is null and void.
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21. Independent Contractor. Contractor is an independent contractor. Contractor's duties shall be
performed with the understanding that Contractor has special expertise as to the Work which Contractor
is to perform and is customarily engaged 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
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shall advise the City and, either secure a waiver of the conflict, or advise the City that it will be unable to
provide the requested Work.
28. Agreement Not Exclusive. The City retains the right to hire other professionals, contractors and
service providers for this or other matters, in the City's sole discretion.
29. Data Practices Act Compliance. Any and all data provided to Contractor, received from Contractor,
created, collected, received, stored, used, maintained, or disseminated by Contractor pursuant to this
Agreement shall be administered in accordance with, and is subject to the requirements of the Minnesota
Government Data Practices Act, Minnesota Statutes, Chapter 13. 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
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34. Headings. The headings contained in this Agreement have been inserted for convenience of
reference only and shall in no way define, limit or affect the scope and intent of this Agreement.
35. Payment of Subcontractors. Contractor agrees to pay all laborers employed and all
subcontractors furnishing material to Contractor in the performance of this contract. If Contractor fails to
pay any claims and demands for labor and materials, the City may apply the monies due to Contractor
toward paying and satisfying such claims and demands. The City has the right to apply monies due to
Contractor towards paying any accrued indebtedness or any claim which may hereafter come due against
Contractor. The amount of such payments shall be deducted from the balance due to the Contractor;
provided that nothing herein nor any variation from the amounts and timing of the installments shall be
construed as impairing the right of the City or of those to whose benefit the bond herein agreed upon
shall insure, to hold Contractor or surety liable on the bond for any breach of the conditions of the same
nor as imposing upon the City any obligation to laborers, materialmen, contractors, or sureties to pay or
to retain for their benefit any monies coming to the contractor hereunder.
Pursuant to Minnesota Statutes, Section 471.425, Subdivision 4(a), Contractor must pay any
subcontractor within ten (10) days of Contractor's receipt of payment from the City for undisputed
services provided by the subcontractor. Contractor must pay interest of one and one-half percent (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
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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.
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Recommended Action
Motion to authorize the Mayor and City Manager to execute the Contract for Crack Sealing with
Doctor Asphalt MN LLC in the form approved by the City Attorney.
Supporting Documents
• Contract for Crack Sealing with Doctor Asphalt MN LLC
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CONTRACT FOR CRACK SEALING
WITH DOCTOR ASPHALT MN LLC
THIS AGREEMENT is made this 4th day of March, 2025 (the "Effective Date") by and between Doctor
Asphalt MN LLC, an asphalt maintenance company located at 1949 Atlantic Street, Maplewood, MN 55109
("Contractor"), and the City of Golden Valley, Minnesota, a Minnesota municipal corporation located at
7800 Golden Valley Road, Golden Valley, MN 55427 (the "City"):
RECITALS
A. Contractor is engaged in the business of asphalt pavement crack sealing.
B. The City desires to hire Contractor to furnish and apply crack sealant.
C. Contractor represents that it has the professional expertise and capabilities to provide the City
with the requested work.
D. The City desires to engage Contractor to provide the work described in this Agreement and
Contractor is willing to provide such work on the terms and conditions in this Agreement.
NOW, THEREFORE, in consideration of the terms and conditions expressed herein, the City and
Contractor agree as follows:
AGREEMENT
1. The Work. Contractor shall perform the work more fully described in the attached Exhibit A (the
"Work"). The Work includes all work and services required by this Agreement, whether completed or
partially completed, and includes all labor, materials, equipment, and services provided or to be provided
by Contractor to fulfill Contractor's obligations. All Work shall be completed according to the
specifications set forth in the attached Exhibit B.
2. Time for Completion. The Contractor shall proceed diligently and shall complete the Work to the
satisfaction and approval of the City's authorized 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.
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4. Permits. Contractor shall obtain, at its sole cost, all permits required for the performance of the
Work.
5. Extra Work. Unless approved by the City in writing, Contractor shall make no claim for extra work
done or materials furnished, nor shall Contractor do any work or furnish any materials not covered by the
plans and specifications of this Agreement. Any such work or materials furnished by Contractor without
written City approval shall be at Contractor's own risk and expense. Contractor shall perform any altered
plans ordered by the City; if such alteration reduces the cost of doing such work, the actual amount of
such reduction shall be deducted from the contract price for the Work.
6. Contract Documents. The Contract Documents shall consist of this Agreement; all exhibits to this
Agreement, which are incorporated herein by reference; any supplementary drawings, plans, and
specifications; and other documents listed herein.
In the event of a conflict among the various provisions of the Contract Documents, the terms shall be
interpreted in the following order of priority:
a. Modifications to this Agreement
b. This Agreement, including all exhibits
c. Supplementary drawings, plans, specifications
d. Other documents listed in this Agreement
Drawings shall control over Specifications, and detail in drawings shall control over large-scale drawings.
All capitalized terms used and not otherwise defined in this Agreement, but defined elsewhere in the
Contract Documents, shall have the meaning set forth in the Contract Documents.
7. Expense Reimbursement. Contractor shall not be compensated separately for necessary
incidental expenses. All expenses of Contractor shall be built into Contractor's fixed compensation rate,
unless reimbursement is provided for an expense that received the prior written approval of the City,
which approval may be provided via electronic mail.
8. Approvals. Contractor shall secure the City's written approval before making any expenditures,
purchases, or commitments on the City's behalf beyond those listed in the Work. The City's approval
may be provided via electronic mail.
9. Protection of Persons and Property. Contractor shall be responsible for initiating, maintaining
and supervising all safety precautions and programs in connection with the performance of the Work.
Contractor shall take reasonable precautions for the safety of, and shall provide reasonable protection to
prevent damage, injury, or loss to:
a. Persons performing the Work and other persons who 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.
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10. Acceptance of the Work. All of the Contractor's work and labor shall be subject to the inspection
and approval of the City. If any materials or labor are rejected by the City as defective or unsuitable, then
the materials shall be removed and replaced with other approved materials and the labor shall be done
to the satisfaction and approval of the City at the Contractor's sole cost and expense. Contractor shall
replace at Contractor's expense any loss or damage to the Work, however caused, which occurs during
the construction thereof or prior to the final delivery to and acceptance of the Work by the City. Any
payment made to Contractor, shall not be construed as operating to relieve 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.
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13. Termination. This Agreement shall remain in force and effect commencing from the effective
date and continuing until the completion of all of the parties' obligations hereunder, unless terminated
by the City or amended pursuant to the Agreement. Notwithstanding any other provision hereof to the
contrary, this Agreement may be terminated as follows:
a. The parties, by mutual written agreement, may terminate this Agreement at any time;
b. Either party may terminate this Agreement in the event of a breach of the Agreement by the
other party upon providing written notice of intention to terminate to the breaching party.
Termination will become effective automatically and without further notice unless the
breaching party cures the breach within thirty (30) days after the giving of such notice.
c. The City may terminate this Agreement at any time at its option, for any reason or no reason
at all; or
d. The City may terminate this Agreement immediately upon Contractor'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.
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18. Insurance. Contractor shall maintain reasonable insurance coverage throughout this
Agreement. Contractor agrees that before any work related to the approved project can be performed,
Contractor shall maintain at a minimum:
a. Worker's Compensation Insurance as required by Minnesota Statutes, section 176.181;
b. Business Auto Liability covering vehicles owned by Contractor and non -owned vehicles used
by Contractor, with policy limits not less than $500,000.00 per accident, for bodily injury,
death of any person, and property damage arising out of the ownership, maintenance, and
use of such motor vehicles, along with any statutorily required automobile coverage;
c. Commercial General Liability in an amount of not less than $1,000,000 per occurrence,
$1,000,000 general aggregate, and $1,000,000 for products -completed operations hazard,
providing coverage for claims including:
Damages because of bodily injury, sickness or disease, including occupational sickness
or disease, and death of any person;
ii. Personal and advertising injury;
iii. Damages because of physical damage to or destruction of property, including loss of
use of such property;
iv. Bodily injury or property damage arising out of completed operations; and
V. Contractor's indemnity obligations under this Agreement.
To meet the Commercial General Liability and Business Auto Liability requirements, Contractor may use a
combination of Excess and Umbrella coverage. Prior to commencement of the Work, Contractor shall
provide the City with a current certificate of insurance including the following language: "The City of
Golden Valley is named as an additional insured with respect to the commercial general liability, business
automobile liability and umbrella or excess liability, as required by the contract. The umbrella or excess
liability policy follows form on all underlying coverages." Such certificate of liability insurance shall list the
City as an additional insured and contain a statement that such policies of insurance shall not be canceled
or amended unless 30 days' written notice is provided to the City, or 10 days' written notice in the case
of non-payment.
19. Compliance with State Withholding Tax. Before final payment is made for the Work on this
project, Contractor must make a satisfactory showing that it has complied with the provisions of
Minnesota Statutes, section 290.92 requiring the withholding of State Income Tax for wages paid
employees on this project by providing to the City Engineer a Certificate of Compliance from the
Commissioner of Taxation. Contractor is advised that before such Certificate can be issued, Contractor
must first place on file with the Commissioner of Taxation an affidavit, in the form of an IC-134, that
Contractor has complied with the provisions of Minnesota Statutes Section 290.92.
20. Assignment. Neither the City nor Contractor shall assign this Agreement or any rights under or
interest in this Agreement, in whole or in part, without the other party's prior written consent. Any
assignment in violation of this provision is null and void. Neither the City nor Contractor shall assign, or
transfer any rights under or interest (including, but without limitation, moneys that may become due or
moneys that are due) in the Agreement without the written consent of the other except to the extent that
the effect of this limitation may be restricted by law. Unless specifically stated to the contrary in any
written consent to an assignment, no assignment will release or discharge the assignor from any duty or
responsibility under this Agreement. Nothing contained in this paragraph shall prevent Contractor from
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employing such independent consultants, associates, and subcontractors, as it may deem appropriate to
assist it in the performance of the Work required by this Agreement. Any instrument in violation of this
provision is null and void.
21. Independent Contractor. Contractor is an independent contractor. Contractor's duties shall be
performed with the understanding that Contractor has special expertise as to the Work which Contractor
is to perform and is customarily engaged 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
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out of or related to this Agreement, except as authorized by the City or as required by law. These
obligations survive the termination of this Agreement.
27. Conflict of Interest. Contractor shall use reasonable care to avoid conflicts of interest and
appearances of impropriety in representation of the City. In the event of a conflict of interest, Contractor
shall advise the City and, either secure a waiver of the conflict, or advise the City that it will be unable to
provide the requested Work.
28. Agreement Not Exclusive. The City retains the right to hire other professionals, contractors and
service providers for this or other matters, in the City's sole discretion.
29. Data Practices Act Compliance. Any and all data provided to Contractor, received from Contractor,
created, collected, received, stored, used, maintained, or disseminated by Contractor pursuant to this
Agreement shall be administered in accordance with, and is subject to the requirements of the Minnesota
Government Data Practices Act, Minnesota Statutes, Chapter 13. 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
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or such other contact information as either party may provide to the other by notice given in accordance
with this provision.
33. Waiver. No waiver of any provision or of any breach of this Agreement shall constitute a waiver
of any other provisions or any other or further breach, and no such waiver shall be effective unless made
in writing and signed by an authorized representative of the party to be charged with such a waiver.
34. Headings. The headings contained in this Agreement have been inserted for convenience of
reference only and shall in no way define, limit or affect the scope and intent of this Agreement.
35. Payment of Subcontractors. Contractor agrees to pay all laborers employed and all
subcontractors furnishing material to Contractor in the performance of this contract. If Contractor fails to
pay any claims and demands for labor and materials, the City may apply the monies due to Contractor
toward paying and satisfying such claims and demands. The City has the right to apply monies due to
Contractor towards paying any accrued indebtedness or any claim which may hereafter come due against
Contractor. The amount of such payments shall be deducted from the balance due to the Contractor;
provided that nothing herein nor any variation from the amounts and timing of the installments shall be
construed as impairing the right of the City or of those to whose benefit the bond herein agreed upon
shall insure, to hold Contractor or surety liable on the bond for any breach of the conditions of the same
nor as imposing upon the City any obligation to laborers, materialmen, contractors, or sureties to pay or
to retain for their benefit any monies coming to the contractor hereunder.
Pursuant to Minnesota Statutes, Section 471.425, Subdivision 4(a), Contractor must pay any
subcontractor within ten (10) days of Contractor's receipt of payment from the City for undisputed
services provided by the subcontractor. Contractor must pay interest of one and one-half percent (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.
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39. Recitals. The City and Contractor agree that the Recitals are true and correct and are fully
incorporated into this Agreement.
IN WITNESS WHEREOF, the City and Contractor have caused this Independent Contractor Agreement to
be executed by their duly authorized representatives in duplicate on the respective dates indicated
below.
DOCTOR ASPHALT MN LLC: CITY OF GOLDEN VALLEY:
By: By:
Derek Putz, Vice President Roslyn Harmon, Mayor
By:
E]
Noah Schuchman, City Manager
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EXHIBIT A
SCOPE OF WORK
1. The Work. The Work will consist of sawing or routing, measuring, cleaning and sealing cracks in the
existing bituminous pavement. Contractor shall provide certification that the sealant meets the requirements of
MNDOT Standard Specification 3723. The crack sealant compound shall be packaged in sealed containers. Each
container shall be clearly marked with the name of the manufacturer, the trade name of the sealant, the
manufacturer's batch and lot number, the pouring temperature, and the safe heating temperature. A copy of the
manufacturer's recommendations pertaining to the heating and application of the joint sealant material shall be
submitted to the Engineer prior to commencement of work. These recommendations shall be adhered to and
followed by Contractor.
The temperature of the sealer in the field application equipment shall never exceed the safe heating temperature
recommended by the manufacturer. Any given quantity of material shall not be heated at the pouring
temperature for more than six (6) hours and shall never be reheated. Sealing shall not proceed if the temperature
of the material has not reached or has fallen below the manufacturer's recommended minimum application
temperature.
Mixing of different manufacturer's brands or different types of sealant shall be prohibited.
The "Blow & Go" installation method will be used when cracks fit one or more of the following criteria:
a. Crack has previously been crack sealed and the existing crack seal has failed
b. Crack is in a roadway that has previously received a chip seal
Roadways that have previously been sealcoated shall utilize the "Blow & Go" method. Cracks identified as "Blow
& Go" shall be cleaned of all weeds, debris, and dirt by Contractor prior to sealing.
The "Saw/Route & Seal" installation method will be used when cracks are present in new pavement that has not
been previously chip sealed or crack sealed.
All cracks to be sawn/routed, measured, cleaned and sealed % 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
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on both sides will then be cleaned and dried with a hot compressed air heat lance. The heat lance shall meet the
following requirements: temperature of heated air at exit of orifice minimum of 280° F, velocity of existing heated
air minimum of 2,800 fps.
Contractor shall take caution to keep all sawing/routing and cleaning debris off of the boulevards and contained
to gutter areas. The City will furnish a street sweeper and operator to work in tandem with Contractor's
sawing/routing crew maintaining a smooth cleanup operation. The application time and final results of the
cleaning area are subject to the Engineer's approval. The sealant must also be squeegeed to ensure proper
overbanding. Sealant shall overfill the crack and extend a minimum of % 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
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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
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to protect the work zone. When single lane traffic is necessary, flagmen must be provided to direct traffic.
Contractor shall provide certifications of all flagmen that will be working on this project.
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
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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.
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EXHIBIT C
PROPOSAL
Contractor certifies that an examination has been made of the scope and location of work and proposes to
furnish all necessary machinery, equipment, tools, labor and other means for the Work and to furnish all
materials specified in the manner and at the time prescribe; and understands that the quantities of work shown
herein are approximate only and are subject to increase or decrease; and further understands all quantities of
work, whether increased or decreased, are to be performed at the following unit prices.
Spec
Number
Description
Units
Estimated
Quantity
Bid Price
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
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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.
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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
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amounts undertaken by Contractor during the relevant billing period. The City shall pay Contractor within
thirty-five (35) days after receiving a statement from Contractor.
4. Permits. Contractor shall obtain, at its sole cost, all permits required for the performance of the
Work.
5. Extra Work. Unless approved by the City in writing, Contractor shall make no claim for extra work
done or materials furnished, nor shall Contractor do any work or furnish any materials not covered by the
plans and specifications of this Agreement. Any such work or materials furnished by Contractor without
written City approval shall be at Contractor's own risk and expense. Contractor shall perform any altered
plans ordered by the City; if such alteration reduces the cost of doing such work, the actual amount of
such reduction shall be deducted from the contract price for the Work.
6. Contract Documents. The Contract Documents shall consist of this Agreement; all exhibits to this
Agreement, which are incorporated herein by reference; any supplementary drawings, plans, and
specifications; and other documents listed herein.
In the event of a conflict among the various provisions of the Contract Documents, the terms shall be
interpreted in the following order of priority:
a. Modifications to this Agreement
b. This Agreement, including all exhibits
c. Supplementary drawings, plans, specifications
d. Other documents listed in this Agreement
Drawings shall control over Specifications, and detail in drawings shall control over large-scale drawings.
All capitalized terms used and not otherwise defined in this Agreement, but defined elsewhere in the
Contract Documents, shall have the meaning set forth in the Contract Documents.
7. Expense Reimbursement. Contractor shall not be compensated separately for necessary
incidental expenses. All expenses of Contractor shall be built into Contractor's fixed compensation rate,
unless reimbursement is provided for an expense that received the prior written approval of the City,
which approval may be provided via electronic mail.
8. Approvals. Contractor shall secure the City's written approval before making any expenditures,
purchases, or commitments on the City's behalf beyond those listed in the Work. The City's approval
may be provided via electronic mail.
9. Protection of Persons and Property. Contractor shall be responsible for initiating, maintaining
and supervising all safety precautions and programs in connection with the performance of the Work.
Contractor shall take reasonable precautions for the safety of, and shall provide reasonable protection to
prevent damage, injury, or loss to:
a. Persons performing the Work and other persons who 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.
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Contractor shall promptly remedy damage and loss to property caused in whole or in part by Contractor
or any of its subcontractors, agents, or anyone directly or indirectly employed by any of them.
10. Acceptance of the Work. All of the Contractor's work and labor shall be subject to the inspection
and approval of the City. If any materials or labor are rejected by the City as defective or unsuitable, then
the materials shall be removed and replaced with other approved materials and the labor shall be done
to the satisfaction and approval of the City at the Contractor's sole cost and expense. Contractor shall
replace at Contractor's expense any loss or damage to the Work, however caused, which occurs during
the construction thereof or prior to the final delivery to and acceptance of the Work by the City. Any
payment made to Contractor, shall not be construed as operating to relieve 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
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commenced to establish Contractor's liability with respect to Contractor's obligations other than
specifically to correct the Work.
13. Termination. This Agreement shall remain in force and effect commencing from the effective
date and continuing until the completion of all of the parties' obligations hereunder, unless terminated
by the City or amended pursuant to the Agreement. Notwithstanding any other provision hereof to the
contrary, this Agreement may be terminated as follows:
a. The parties, by mutual written agreement, may terminate this Agreement at any time;
b. Contractor may terminate this Agreement in the event of a breach of the Agreement by the
City upon providing thirty (30) days' written notice to the City;
c. The City may terminate this Agreement at any time at its option, for any reason or no reason
at all; or
d. The City 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.
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18. Insurance. Contractor shall maintain reasonable insurance coverage throughout this
Agreement. Contractor agrees that before any work related to the approved project can be performed,
Contractor shall maintain at a minimum:
a. Worker's Compensation Insurance as required by Minnesota Statutes, section 176.181;
b. Business Auto Liability covering vehicles owned by Contractor and non -owned vehicles used
by Contractor, with policy limits not less than $1,000,000.00 per accident, for bodily injury,
death of any person, and property damage arising out of the ownership, maintenance, and
use of such motor vehicles, along with any statutorily required automobile coverage;
c. Commercial General Liability in an amount of not less than $1,000,000.00 per occurrence,
$2,000,000 general aggregate, and $2,000,000 for products -completed operations hazard,
providing coverage for claims including:
Damages because of bodily injury, sickness or disease, including occupational sickness
or disease, and death of any person;
ii. Personal and advertising injury;
iii. Damages because of physical damage to or destruction of property, including loss of
use of such property;
iv. Bodily injury or property damage arising out of completed operations; and
V. Contractor's indemnity obligations under this Agreement.
To meet the Commercial General Liability and Business Auto Liability requirements, Contractor may use a
combination of Excess and Umbrella coverage. Prior to commencement of the Work, Contractor shall
provide the City with a current certificate of insurance including the following language: "The City of
Golden Valley is named as an additional insured with respect to the commercial general liability, business
automobile liability and umbrella or excess liability, as required by the contract. The umbrella or excess
liability policy follows form on all underlying coverages." Such certificate of liability insurance shall list the
City as an additional insured and contain a statement that such policies of insurance shall not be canceled
or amended unless 30 days' written notice is provided to the City, or 10 days' written notice in the case
of non-payment.
19. Compliance with State Withholding Tax. Before final payment is made for the Work on this
project, Contractor must make a satisfactory showing that it has complied with the provisions of
Minnesota Statutes, section 290.92 requiring the withholding of State Income Tax for wages paid
employees on this project by providing to the City Engineer a Certificate of Compliance from the
Commissioner of Taxation. Contractor is advised that before such Certificate can be issued, Contractor
must first place on file with the Commissioner of Taxation an affidavit, in the form of an IC-134, that
Contractor has complied with the provisions of Minnesota Statutes Section 290.92.
20. Assignment. Neither the City nor Contractor shall assign this Agreement or any rights under or
interest in this Agreement, in whole or in part, without the other party's prior written consent. Any
assignment in violation of this provision is null and void. Neither the City nor Contractor shall assign, or
transfer any rights under or interest (including, but without limitation, moneys that may become due or
moneys that are due) in the Agreement without the written consent of the other except to the extent that
the effect of this limitation may be restricted by law. Unless specifically stated to the contrary in any
written consent to an assignment, no assignment will release or discharge the assignor from any duty or
responsibility under this Agreement. Nothing contained in this paragraph shall prevent Contractor from
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employing such independent consultants, associates, and subcontractors, as it may deem appropriate to
assist it in the performance of the Work required by this Agreement. Any instrument in violation of this
provision is null and void.
21. Independent Contractor. Contractor is an independent contractor. Contractor's duties shall be
performed with the understanding that Contractor has special expertise as to the Work which Contractor
is to perform and is customarily engaged 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.
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27. Conflict of Interest. Contractor shall use reasonable care to avoid conflicts of interest and
appearances of impropriety in representation of the City. In the event of a conflict of interest, Contractor
shall advise the City and, either secure a waiver of the conflict, or advise the City that it will be unable to
provide the requested Work.
28. Agreement Not Exclusive. The City retains the right to hire other professionals, contractors and
service providers for this or other matters, in the City's sole discretion.
29. 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.
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33. Waiver. No waiver of any provision or of any breach of this Agreement shall constitute a waiver
of any other provisions or any other or further breach, and no such waiver shall be effective unless made
in writing and signed by an authorized representative of the party to be charged with such a waiver.
34. Headings. The headings contained in this Agreement have been inserted for convenience of
reference only and shall in no way define, limit or affect the scope and intent of this Agreement.
35. Payment of Subcontractors. Contractor agrees to pay all laborers employed and all
subcontractors furnishing material to Contractor in the performance of this contract. If Contractor fails to
pay any claims and demands for labor and materials, the City may apply the monies due to Contractor
toward paying and satisfying such claims and demands. The City has the right to apply monies due to
Contractor towards paying any accrued indebtedness or any claim which may hereafter come due against
Contractor. The amount of such payments shall be deducted from the balance due to the Contractor;
provided that nothing herein nor any variation from the amounts and timing of the installments shall be
construed as impairing the right of the City or of those to whose benefit the bond herein agreed upon
shall insure, to hold Contractor or surety liable on the bond for any breach of the conditions of the same
nor as imposing upon the City any obligation to laborers, materialmen, contractors, or sureties to pay or
to retain for their benefit any monies coming to the contractor hereunder.
Pursuant to Minnesota Statutes, Section 471.425, Subdivision 4(a), Contractor must pay any
subcontractor within ten (10) days of Contractor's receipt of payment from the City for undisputed
services provided by the subcontractor. Contractor must pay interest of one and one-half percent (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
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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
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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
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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
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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)
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Conveyance Property (1)
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46111
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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
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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:
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(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
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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