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2025-03-18 - AGE - City Council Regular Meeting March 18, 2025 — 6:30 PM Golden Valley City Hall Council Chambers 1.Call to Order 1A.Pledge of Allegiance and Land Acknowledgement 1B.Annual Westopolis 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 New Brewer Off-Sale Retail Packaging License - Under Pressure Brewing 3C.2.Approve Renewal of General Business Licenses - Gas Dispensers 3C.3.Approve Renewal of General Business Licenses - Solid Waste and Recyclables Collection 3D.Bids, Quotes, and Contracts: 3D.1.Approve Purchase of Gate Valves and Parts from Core & Main 3D.2.Approve Contract for Joint Water Commission Gate Valve Project with Precision Utilities LLC 3D.3.Approve Contract for Brush Pick-Up with Bratt Tree Company 3D.4.Approve Professional Services Agreement with WSB LLC for Engineering Services on TH-55 Ottawa Watermain Project No. 25-05 3D.5.Approve Professional Services Agreement with Bolton & Menk, Inc. for Engineering Services on 2025 Mill and Overlay Project No. 24-07 3D.6.Approve Professional Services Agreement with Restorative Justice Practice, LLC CITY COUNCIL REGULAR MEETING AGENDA Members of the public may attend this meeting in-person, watch on cable channel 16, or stream on CCXmedia.org. The public can make in-person statements during public comment sections, including the public forum beginning at 6:20 pm. Individuals may provide public hearing testimony remotely by emailing a request to the City Clerk's office at cityclerk@goldenvalleymn.gov by 3 p.m. on the day of the meeting. City of Golden Valley City Council Regular Meeting March 18, 2025 — 6:30 PM 1 3D.7.Adopt Resolution No. 25-022 Approving State of Minnesota Department of Transportation and City of Golden Valley Cooperative Construction Agreement No. 1058427 and Authorizing its Execution 3E.Grants and Donations: 3E.1.Adopt Resolution No. 25-016 Authorizing Application for the Minnesota Housing Local Housing Trust Fund Grant Program 3E.2.Adopt Resolution No. 25-017 Authorizing Application for the Hennepin County Healthy Tree Canopy Grant 3F.Adopt Second 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 3G.Adopt Second Reading of Ordinance No. 794 Establishing an Affordable Housing Trust Fund and Adopt Resolution No. 25-018 Approving Summary Publication 3H.Adopt Resolutions No. 25-019 and No. 25-020 Approving a Minor Subdivision and Variance at 5111 Colonial Drive 4.Public Hearing - None. 5.Old Business - None. 6.New Business 6A.Consider Appeal of Board of Zoning Appeals Variance Decision for 6601 Plymouth Avenue, Resolution No. 25-021 6B.Review of Council Calendar 6C.Mayor and Council Communications 1. Other Committee/Meeting updates 7.Adjournment City of Golden Valley City Council Regular Meeting March 18, 2025 — 6:30 PM 2 EXECUTIVE SUMMARY City Manager's Office 763-512-2345 / 763-512-2344 (fax) Golden Valley City Council Meeting March 18, 2025 Agenda Item 1B. Annual Westopolis Presentation Prepared By Elinorah SINYEMBO, Executive Assistant Summary Becky Bakken, President and CEO of Westopolis, will be in attendance to present the Council with a year-end update for Westopolis. Legal Considerations Legal review was not required for this item. Equity Considerations Equity review was not required for this item. Recommended Action No action is required on this item. 3 EXECUTIVE SUMMARY Legal 763-512-2345 / 763-512-2344 (fax) Golden Valley City Council Meeting March 18, 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 : March 4, 2025 Regular City Council Meeting A direct link to the folder with the documents referenced above is: http://weblink.ci.golden-valley.mn.us/WebLink/Browse.aspx? id=1056192&dbid=0&repo=GoldenValley Legal Considerations This item did not require legal review. Equity Considerations This item did not require equity review. Recommended Action Motion to approve City Council meeting minutes as submitted. 4 EXECUTIVE SUMMARY Finance 763-512-2345 / 763-512-2344 (fax) Golden Valley City Council Meeting March 18, 2025 Agenda Item 3B. Approval of City Check Registers Prepared By Jennifer Hoffman, Accounting Manager Summary Approval of the check register for various vendor claims against the City of Golden Valley. Document is located on city website at the following location: https://weblink.ci.golden- valley.mn.us/WebLink/Browse.aspx?id=1055278&dbid=0&repo=GoldenValley The check register(s) for approval: 03-05-2025 Check Register 03-12-2025 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. 5 EXECUTIVE SUMMARY Legal 763-512-2345 / 763-512-2344 (fax) Golden Valley City Council Meeting March 18, 2025 Agenda Item 3C.1. Approve New Brewer Off-Sale Retail Packaging License - Under Pressure Brewing Prepared By Theresa Schyma, City Clerk Summary Lori Ertl, owner of Under Pressure Brewing, has applied for a new brewer off-sale retail packaging license for their business located at 8806 7th Avenue North. This new license allows the business to sell beer they produce in retail packaging cans, bottles, etc. up to 128 ounces per person per day. The City Clerk has reviewed the application and finds the documents are in order and sees no reason to deny the license. The new license will be effective from March 27, 2025 through June 30, 2025. Please note that approval of this license is contingent upon passage and publication of Ordinance No. 793 which is also on tonight's agenda. Legal Considerations This item does not require legal review. Equity Considerations This item does not require equity review. Recommended Action Motion to approve the issuance of a new brewer off-sale retail packaging license to Under Pressure Brewing, 8806 7th Avenue North, effective March 27, 2025 through June 30, 2025 and contingent upon passage and publication of Ordinance No. 793. 6 EXECUTIVE SUMMARY Fire 763-512-2345 / 763-512-2344 (fax) Golden Valley City Council Meeting March 18, 2025 Agenda Item 3C.2. Approve Renewal of General Business Licenses - Gas Dispensers Prepared By Maria Jimenez, Administrative Assistant Jake Dashiell, Deputy Fire Marshal Summary The following establishments are up for renewal of their gas dispenser license for the 2025-2026 license term. The applicants have met City Code requirements for the renewal of their license and staff is recommending approval. Freddie’s Petroleum, Inc., DBA: Winner Gas, 9405 Medicine Lake Road Feist Automotive, 1875 Lilac Drive North Golden Valley Automotive, 1 General Mills Boulevard Golden Valley Country Club, 7001 Golden Valley Road Gregg and Jim’s Service, Inc., 1900 Douglas Drive North Holiday Station Stores, Inc., 7925 Wayzata Boulevard Linn Retail Centers, Inc., DBA: Holiday Station, 600 Boone Avenue North Jim Lupient Oldsmobile, 7100 Wayzata Boulevard Hopkins Public Schools Bus Depot, 835 Decatur Avenue North Morrie’s Cadillac SAAB, 7400 Wayzata Boulevard Regency Hospital, 1300 Hidden Lakes Parkway Speedway #4497, 6955 Market Street Speedway #4443, 1930 Douglas Drive North Theodore Wirth Par 3, 1313 Theodore Wirth Parkway Financial or Budget Considerations Fees received for the gas dispenser license help to defray costs the City incurs to administer license requirements and enforce license regulations. Legal Considerations The gas dispenser license is on a form approved by the City Attorney. Equity Considerations Not Applicable 7 Recommended Action Motion to authorize the renewal of the above gas dispenser licenses for a period of April 1, 2025 through March 31, 2026. 8 EXECUTIVE SUMMARY Community Development 763-512-2345 / 763-512-2344 (fax) Golden Valley City Council Meeting March 18, 2025 Agenda Item 3C.3. Approve Renewal of General Business Licenses - Solid Waste and Recyclables Collection Prepared By Ethan Kehrberg, Sustainability Specialist Summary The following businesses are due for renewal of their refuse and recycling vehicle licenses for the 2025-2026 period. The applicants meet City Code requirements for renewal of their licenses and staff are recommending approval contingent upon receipt of their completed documentation and payment. Residential Only Curbside Waste Inc., 18150 118th Avenue North, Dayton Commercial Only Darling Ingredients Inc, 9000 382nd Avenue, Blue Earth Dick's Sanitation, 8984 215th Street West, Lakeville Residential & Commercial ACE Solid Waste, 6601 McKinley Street Northwest, Ramsey Aspen Waste Systems, 2951 Weeks Avenue Southeast, Minneapolis Republic Services, 9813 Flying Cloud Drive, Eden Prairie Suburban Waste MN, LLC, 7125 126th Street, Suite #500, Savage Waste Management of MN, 10050 Naples Street Northeast, Blaine Financial or Budget Considerations Fees received for Solid Waste and Recyclable Collection license renewals are budgeted and help to defray costs the City incurs to administer and enforce license regulations and requirements. No license will be issued until payment is received in full. Legal Considerations This item does not require legal review. Equity Considerations This item does not require equity review. Recommended Action Motion to approve the renewal of Solid Waste and Recyclables Collection licenses for a period of April 1, 2025 through March 31, 2026. 9 EXECUTIVE SUMMARY Public Works 763-512-2345 / 763-512-2344 (fax) Golden Valley City Council Meeting March 18, 2025 Agenda Item 3D.1. Approve Purchase of Gate Valves and Parts from Core & Main Prepared By Tim Kieffer, Public Works Director Joe Hansen, Utility Maintenance Superintendent Summary The city contracts water distribution repairs annually in conjunction with mill and overlay projects. The city purchases the valves and parts to reduce costs by eliminating sales tax or mark-ups the contractor may impose. 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 solicited quotes for the gate valves and parts. Two quotes were received and are below: Boys Water Products $88,952.00 Core & Main $88,208.56 Financial or Budget Considerations The 2025-2034 Water and Sanitary Sewer Capital Improvement Program includes $200,000 for mill and overlay water repairs (W&SS-051). Legal Considerations The proposed valves and parts will be purchased following Minn. Stat. § 471.345 Subd. 4 - The contract may be made either upon sealed bids or by direct negotiation, by obtaining two or more quotations for the purchase or sale when possible, and without advertising for bids or otherwise complying with the requirements of competitive bidding. All quotations obtained shall be kept on file for a period of at least one year after receipt thereof. Equity Considerations The purchase satisfies Pillar 3 of the Equity Plan by providing unbiased programs and services. Reliable potable water service is essential for public health, safety, and the economic vitality of a community. Recommended Action Motion to approve purchase of gate valves and parts from Core & Main in the amount of $88,208.56. Supporting Documents 10 Boys Water Products Quotes Core & Main Quotes 11 1109 Stagecoach Rd, Shakopee, MN 55379 sales@boyswaterproducts.com 952-500-2308 Estimate QUOTE #:Q-7198 EXPIRATION DATE: BID INFORMATION Location Job Name: 2025 AVK Valves Bid Date: Plan Room: Engineer: Derek Goddard City of Golden Valley 7720 Golden Valley Road Golden Valley, MN 55427 dgoddard@goldenvalleymn.gov 763-593-8038 Item #Description Qty Rate Total 4" MJ R/S Gate Valve OL w/2" BRONZE Nut-AVK 3 EA $800.00 $2,400.00 6" MJ R/S Gate Valve OL w/2" BRONZE Nut-AVK 26 EA $1,001.00 $26,026.00 12" MJ R/S Gate Valve OL w/2" BRONZE Nut-AVK 5 EA $2,950.00 $14,750.00 SHIPPING $0.00 TOTAL $43,176.00 Certified DBE in MN, WI, IA, ND, SD; TGB; CERT SBE and WBE Quotation on named goods only. Acceptance of the quotation is acceptance of company Terms and Conditions. All taxes, transportation costs, duties and other charges are in addition to quoted prices. The amount of any sales taxes applicable to the Products shall be added to the purchase price and shall be paid by Buyer unless Buyer provides Seller with a valid tax exemption certificate. FOB Boys Water Products unless otherwise noted, shipments may have additional freight charges added dependent on location and shipping method requested. All quantities to be verified before shipment. All pipe is sold in full lengths only. All fabric is sold in full rolls only. Any additions are subject to price increases. 12 1109 Stagecoach Rd, Shakopee, MN 55379 sales@boyswaterproducts.com 952-500-2308 Estimate QUOTE #:Q-7199 EXPIRATION DATE: BID INFORMATION Location Job Name: 2025 Parts Quote Bid Date: Plan Room: Engineer: Derek Goddard City of Golden Valley 7720 Golden Valley Road Golden Valley, MN 55427 dgoddard@goldenvalleymn.gov 763-593-8038 Item #Description Qty Rate Total 12" Romac Alpha Coupling (12.75-13.30) 2 EA $930.00 $1,860.00 12" MJ DI L/P Sleeve FBE USA (81#) 3 EA $422.00 $1,266.00 12" MJ Plain Rubber Gasket 20 EA $7.70 $154.00 12" MJ Restrained Gland DI-USA (28.5#) TU 20 EA $118.00 $2,360.00 6" Romac Alpha Coupling (6.60-7.00) 8 EA $485.00 $3,880.00 6" MJ DI L/P Sleeve FBE USA (40#) 10 EA $170.00 $1,700.00 6" MJ Plain Rubber Gasket 60 EA $4.20 $252.00 6" MJ Restrained Gland DI-USA (11#) 150 EA $38.00 $5,700.00 8" MJ Plain Rubber Gasket 30 EA $6.00 $180.00 4" Romac Alpha Coupling (4.50-4.90) 3 EA $350.00 $1,050.00 4" MJ Plain Rubber Gasket 12 EA $3.40 $40.80 4" MJ Restrained Gland DI-USA (7.5#) 12 EA $35.00 $420.00 Type G Valve Box-USA 50 EA $400.00 $20,000.00 Rubber #6 Base Valve Box Adapter 50 EA $103.464 $5,173.20 6" TYTON DIP CL52 20' NOM BCL/AC 60 LF $29.00 $1,740.00 SHIPPING $0.00 TOTAL $45,776.00 Certified DBE in MN, WI, IA, ND, SD; TGB; CERT SBE and WBE Quotation on named goods only. Acceptance of the quotation is acceptance of company Terms and Conditions. All taxes, transportation costs, duties and other charges are in addition to quoted prices. The amount of any sales taxes applicable to the Products shall be added to the purchase price and shall be paid by Buyer unless Buyer provides Seller with a valid tax exemption certificate. FOB Boys Water Products unless otherwise noted, shipments may have additional freight charges added dependent on location and shipping method requested. All quantities to be verified before shipment. All pipe is sold in full lengths only. All fabric is sold in full rolls only. Any additions are subject to price increases. 13 Seq#Qty Descripon Units Price Ext Price 10 2 ALPHA-A-13.30 12 CPLG EA 919.02 1,838.04 20 3 12" MJ LONG SLEEVE EPOXY USA EA 447.70 1,343.10 30 20 12" MJ GASKET EA 8.94 178.80 40 20 12" MJ DI RESTRAINT USA EA 108.66 2,173.20 50 8 ALPHA-A-7.00 6 CPLG EA 486.47 3,891.76 60 10 6" MJ LONG SLEEVE EPOXY USA EA 182.51 1,825.10 70 60 6" MJ GASKET EA 5.12 307.20 80 150 6" MJ DI RESTRAINT USA EA 32.70 4,905.00 90 30 8" MJ GASKET EA 5.66 169.80 100 3 ALPHA-A-4.90 4 CPLG EA 349.41 1,048.23 110 12 4" MJ GASKET EA 5.07 60.84 120 12 4" MJ DI RESTRAINT USA EA 26.30 315.60 130 50 G" VALVE BOX EA 417.20 20,860.00 190 50 GATE VALVE ADAPTER #6 BASE EA 91.00 4,550.00 200 60 6" TJ CL52 DI PIPE FT 30.45 1,827.00 Sub Total 45,293.67 Tax 0.00 Total 45,293.67 UNLESS OTHERWISE SPECIFIED HEREIN, PRICES QUOTED ARE VALID IF ACCEPTED BY CUSTOMER AND PRODUCTS ARE RELEASED BYCUSTOMER FOR MANUFACTURE WITHIN THIRTY (30) CALENDAR DAYS FROM THE DATE OF THIS QUOTATION. CORE & MAIN LPRESERVES THE RIGHT TO INCREASE PRICES TO ADDRESS FACTORS, INCLUDING BUT NOT LIMITED TO, GOVERNMENT REGULATIONS,TARIFFS, TRANSPORTATION, FUEL AND RAW MATERIAL COSTS. DELIVERY WILL COMMENCE BASED UPON MANUFACTURER LEADTIMES. ANY MATERIAL DELIVERIES DELAYED BEYOND MANUFACTURER LEAD TIMES MAY BE SUBJECT TO PRICE INCREASES AND/ORAPPLICABLE STORAGE FEES. THIS BID PROPOSAL IS CONTINGENT UPON BUYER’S ACCEPTANCE OF SELLER’S TERMS ANDCONDITIONS OF SALE, AS MODIFIED FROM TIME TO TIME, WHICH CAN BE FOUND AT: hps://coreandmain.com/TandC/ THIS BID MAY INCLUDE GLOBALLY SOURCED (IMPORTED) MATERIALS THAT ARE SUBJECT TO CHANGING TARIFFS. PRICES ARESUBJECT TO CHANGE DUE TO POTENTIAL ADDITIONAL TARIFFS IMPOSED BY THE U.S. GOVERNMENT. IF IMPOSED, PRICES WILLINCREASE BY THE SAME PERCENTAGE AND WILL BE EFFECTIVE ON THE DATE THAT THE NEW TARIFFS ARE IMPLEMENTED. THESEITEMS SHOULD BE PURCHASED WITH HASTE TO AVOID ANY ADDITIONAL RISING TARIFF COSTS. Actual taxes may vary Page 1 of 1 All Bidders Job Locaon: GOLDEN VALLEY, MN Bid Date: 02/25/2025 Core & Main Bid #: 4040111 Core & Main 15800 W 79th St Eden Prairie, MN 55344 Phone: 9529379666 Fax: 9529378065 Bid Proposal for GOLDEN VALLEY PARTS 14 Seq#Qty Descripon Units Price Ext Price 20 AVK VALVES 40 3 4 AVK #65 MJ RW GV OL BRZ ON EA 792.14 2,376.42 50 26 6" MJ GATE VALVE EA 997.42 25,932.92 60 5 12 AVK #65 MJ GV OL BRZ ON EA 2,921.11 14,605.55 Sub Total 42,914.89 Tax 0.00 Total 42,914.89 UNLESS OTHERWISE SPECIFIED HEREIN, PRICES QUOTED ARE VALID IF ACCEPTED BY CUSTOMER AND PRODUCTS ARE RELEASED BYCUSTOMER FOR MANUFACTURE WITHIN THIRTY (30) CALENDAR DAYS FROM THE DATE OF THIS QUOTATION. CORE & MAIN LPRESERVES THE RIGHT TO INCREASE PRICES TO ADDRESS FACTORS, INCLUDING BUT NOT LIMITED TO, GOVERNMENT REGULATIONS,TARIFFS, TRANSPORTATION, FUEL AND RAW MATERIAL COSTS. DELIVERY WILL COMMENCE BASED UPON MANUFACTURER LEADTIMES. ANY MATERIAL DELIVERIES DELAYED BEYOND MANUFACTURER LEAD TIMES MAY BE SUBJECT TO PRICE INCREASES AND/ORAPPLICABLE STORAGE FEES. THIS BID PROPOSAL IS CONTINGENT UPON BUYER’S ACCEPTANCE OF SELLER’S TERMS ANDCONDITIONS OF SALE, AS MODIFIED FROM TIME TO TIME, WHICH CAN BE FOUND AT: hps://coreandmain.com/TandC/ THIS BID MAY INCLUDE GLOBALLY SOURCED (IMPORTED) MATERIALS THAT ARE SUBJECT TO CHANGING TARIFFS. PRICES ARESUBJECT TO CHANGE DUE TO POTENTIAL ADDITIONAL TARIFFS IMPOSED BY THE U.S. GOVERNMENT. IF IMPOSED, PRICES WILLINCREASE BY THE SAME PERCENTAGE AND WILL BE EFFECTIVE ON THE DATE THAT THE NEW TARIFFS ARE IMPLEMENTED. THESEITEMS SHOULD BE PURCHASED WITH HASTE TO AVOID ANY ADDITIONAL RISING TARIFF COSTS. Actual taxes may vary Page 1 of 1 GOLDEN VALLEY CITY OF Job Locaon: Golden Valley, AZ, MN Bid Date: 02/28/2025 02:00 pm Core & Main Bid #: 4050465 Core & Main 5145 211th Street West Farmington, MN 55024 Phone: 6514636090 Fax: 6514634554 Bid Proposal for Golden Valley - AVK 15 EXECUTIVE SUMMARY Public Works 763-512-2345 / 763-512-2344 (fax) Golden Valley City Council Meeting March 18, 2025 Agenda Item 3D.2. Approve Contract for Joint Water Commission Gate Valve Project with Precision Utilities LLC Prepared By Tim Kieffer, Public Works Director Joe Hansen, Utility Maintenance Superintendent Summary Two Joint Water Commission (JWC) gate valves located within the Bassett Creek Regional Trail Project on Golden Valley Road (CSAH 66) should be replaced. The gate valves were installed in 1963 and are at end of life. Gate valves are critical in maintaining the water distribution system and limiting the number of affected properties by isolating the water supply during emergency repairs. The replacements should occur before trail work begins to ensure water can be shut off if a break occurs during construction. The JWC Technical Advisory Committee (TAC) solicited quotes to replace the valves. Two quotes were received and are shown below: Precision Utilities LLC $39,800.00 Valley Rich Co., Inc.$43,700.00 The TAC 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. The TAC received two quotes for the valves and parts and are shown below: Boys Water Products $29,781.31 Core & Main $28,973.68 The project will be administered by the city and reimbursed through the Joint Water Commission, which approved the project on March 5, 2025. Financial or Budget Considerations The 2025-2034 JWC Capital Improvement Program includes $180,000 for Replace Trunk Valves (#14- 027). Legal Considerations The Legal department has reviewed and approved the contract. 16 Equity Considerations The project satisfies Pillar 3 of the Equity Plan by providing unbiased programs and services. Reliable potable water service is essential for public health, safety, and the economic vitality of a community. Recommended Action • Motion to authorize the Mayor and City Manager to execute the Contract for Joint Water Commission Gate Valve Project with Precision Utilities LLC. • Motion to approve purchase of valves and parts from Core & Main in the amount of $28,973.68. Supporting Documents Contract for Joint Water Commission Gate Valve Project with Precision Utilities LLC Boys Water Products Quote Core & Main Quote 17 1 CONTRACT FOR JOINT WATER COMMISSION GATE VALVE PROJECT WITH PRECISION UTILITIES LLC THIS AGREEMENT is made this 18th day of March 2025 (the “Effective Date”) by and between Precision Utilities LLC, a sewer and water contractorlocated at 14067 62nd Street, Mayer, MN 55360(“Contractor”), and the City of Golden Valley, Minnesota, a Minnesota municipal corporation located at 7800 Golden Valley Road, Golden Valley, MN 55427 (the “City”): RECITALS A. Contractor is engaged in the business of excavatingto repair,replace, and relocatepotable water distribution components. B. The City desires to hire Contractor to repair, replace, and relocate potable water distribution components. C. Contractor represents that it has the professional expertise and capabilities to provide the City with the requested work. D. The City desires to engage Contractor to provide the work described in this Agreement and Contractor is willing to provide such work on the terms and conditions in this Agreement. NOW, THEREFORE, in consideration of the terms and conditions expressed herein, the City and Contractor agree as follows: AGREEMENT 1.The Work.Contractor shall perform the work more fully described in the attached Exhibit A (the “Work”). The Work includes all work and services required by this Agreement, whether completed or partially completed, and includes all labor, materials, equipment, and services provided or to be provided by Contractor to fulfill Contractor’s obligations. All Work shall be completed according to the specifications set forth in the attached Exhibit B. Contractor shall at all times keep the premises free from accumulation of waste materials and debris caused by Contractor’s operations. 2.Time for Completion.The Contractor shall proceed diligently and shallcomplete the Work to the satisfaction and approval of the City’s authorized agent according to the deadlines set forth in Exhibit A (the “Contract Time”). Contractor shallto notify the City in writing of any cause of delay of the Workwithin 24 hours after such cause of delay arises. If Contractor fails to complete the Work by the Contract Time, the City may immediately, or at any time thereafter, proceed to complete the Work at the Contractor’s expense. If Contractor gives written notice of a delay over which Contractor has no control, the City may, at its discretion, extend the Contract Time. 3.Consideration.In consideration of the performance of the Work, the City shall pay to Contractor $39,800.00 (the “Contract Price”). The consideration shall be for both the Work performed by Contractor and the expenses incurred by Contractor in performing the Work. Contractor shall submit statements to the City containing a detailed list of project labor and hours, rates, titles, and amounts undertaken by 18 2 Contractor during the relevant billing period. The City shall pay Contractor within thirty-five(35) days after receiving a statement from Contractor. 4.Permits. Contractor shall obtain, at its sole cost, all permits required for the performance of the Work. 5.Extra Work.Unless approved by the City in writing, Contractor shall make no claim for extra work done or materials furnished, nor shall Contractor do any work or furnish any materials not covered by the plans and specifications of this Agreement. Any such work or materials furnished by Contractor without written City approval shall be at Contractor’s own risk and expense. Contractor shall perform any altered plans ordered by the City; if such alteration reduces the cost of doing such work, the actual amount of such reduction shall be deducted from the contract price for the Work. 6.Contract Documents.The Contract Documents shall consist of this Agreement; all exhibits to this Agreement, which are incorporated herein by reference; any supplementary drawings, plans, and specifications; and other documents listed herein. In the event of a conflict among the various provisions of the Contract Documents, the terms shall be interpreted in the following order of priority: a. Modifications to this Agreement b. This Agreement, including all exhibits c. Supplementary drawings, plans, specifications d. Other documents listed in this Agreement Drawings shall control over Specifications, and detail in drawings shall control over large-scale drawings. All capitalized terms used and not otherwise defined in this Agreement, but defined elsewhere in the Contract Documents, shall have the meaning set forth in the Contract Documents. 7.Expense Reimbursement.Contractor shall not be compensated separately for necessary incidental expenses. All expenses of Contractor shall be built into Contractor’s fixed compensation rate, unless reimbursement is provided for an expense that received the prior written approval of the City, which approval may be provided via electronic mail. 8.Approvals.Contractor shall secure the City’s written approval before making any expenditures, purchases, or commitments on the City’s behalf beyond those listed in the Work. The City’s approval may be provided via electronic mail. 9.Protection of Persons and Property.Contractor shall be responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the performance of the Work. Contractor shall take reasonable precautions for the safety of, and shall provide reasonable protection to prevent damage, injury, or loss to: a. Persons performing the Work and other persons who may be affected by the Work; b. The Work and materials and equipment to be incorporated therein; and c. Other property at the site or adjacent to the site, such as trees, shrubs, lawns, walks, pavement, roadways, structures and utilities. 19 3 Contractor shall promptly remedy damage and loss to property caused in whole or in part by Contractor or any of its subcontractors, agents, or anyone directly or indirectly employed by any of them. 10.Acceptance of the Work. All of the Contractor’s work and labor shall be subject to the inspection and approval of the City. If any materials or labor are rejected by the City as defective or unsuitable, then the materials shall be removed and replaced with other approved materials and the labor shall be done to the satisfaction and approval of the City at the Contractor’s sole cost and expense. Contractor shall replace at Contractor’s expense any loss or damage to the Work, however caused, which occurs during the construction thereof or prior to the final delivery to and acceptance of the Work by the City. Any payment made to Contractor, shall not be construed as operating to relieve Contractor from responsibility for the construction and delivery of Work. Acceptance of the completed Work shall be evidenced only by a Certificate of Final Completion issued by the City, which shall state the date on which the City accepts the completed Work (the “Final Completion Date”). 11.Warranty.Contractor represents and warrants that it has the requisite training, skills, and experience necessary to complete the Work, is appropriately licensed by all applicable agencies and governmental entities, and will complete the Work in a manner consistent with the level of care and skill ordinarily exercised by professionals currently providing similar work. Contractor further represents and warrants to the City that the materials and equipment furnished under this Agreement are of good quality and new, unless this Agreement requires or permits otherwise. Contractor further warrants that the Work will conform to the requirements of this Agreement and will be free from defects. Work, materials, or equipment not conforming to these requirements may be considered defective. Contractor shall promptly correct any defective Work. Costs of correcting such defective Work, including additional testing and inspections, the cost of uncovering and replacement, and compensation for any additional services and expenses made necessary thereby, shall be at Contractor’s expense. Contractor’s warranty shall exclude remedy for damage or defect caused by abuse, alterations to the Work not executed by Contractor or its subcontractors, agents, or anyone hired or employed by any of them, improper or insufficient maintenance, improper operation or normal wear and tear under normal usage. 12.Guarantee.Contractor guarantees and agrees to maintain the stability of the Work and materials furnished and installed under this contract for a period of one year after the Final Completion Date (the “Guarantee Period”). Contractor agrees to perform fully all other guarantees as set forth in the specifications. If any of the Work is found to be not in accordance with the requirements of the Contract during the Guarantee Period, Contractor shall correct it promptly after receipt of notice from the City to do so. The City shall give such notice promptly after discovery of the condition. If Contractor fails to correct nonconforming Work within a reasonable time after receipt of notice from the City, the City may correct the Work at Contractor’s expense. The Guarantee Period shall be extended with respect to portions of Work first performed after the Final Completion Date by the period of time between Final Payment and the actual completion of that portion of the Work. The one-year period for correction of Work shall not be extended by corrective Work performed by Contractor pursuant to this Section. Nothing contained in this Section shall be construed to establish a period of limitation with respect to other obligations Contractor has under the Contract Documents. Establishment of the one-year period for correction of Work as described in this Section relates only to the specific obligation of Contractor to correct the Work, and has no relationship to the time within which the obligation to comply with the Contract Documents may be sought to be enforced, nor to the time within which proceedings may be 20 4 commenced to establish Contractor’s liability with respect to Contractor’s obligations other than specifically to correct the Work. 13.Termination.This Agreement shall remain in force and effect commencing from the effective date and continuing until the completion of all of the parties’ obligations hereunder, unless terminated by the City or amended pursuant to the Agreement. Notwithstanding any other provision hereof to the contrary, this Agreement may be terminated as follows: a. The parties, by mutual written agreement, may terminate this Agreement at any time; b. Contractor may terminate this Agreement in the event of a breach of the Agreement by the City upon providing thirty (30) days’ written notice to the City; c. The City may terminate this Agreement at any time at its option, for any reason or no reason at all; or d. The City may terminate this Agreementimmediately upon Contractor’sfailure to have in force any insurance required by this Agreement. In the event of a termination, the City shall pay Contractorfor Work performed to the date of termination and for all costs or other expenses incurred prior to the date of termination. 14.Amendments.No amendments may be made to this Agreement except in a writing signed by both parties. 15.Remedies. In the event of a termination of this Agreement by the City because of a breach by Contractor, the City may complete the Work either by itself or by contract with other persons or entities, or any combination thereof. These remedies provided to the City for breach of this Agreement by Contractor shall not be exclusive. The City shall be entitled to exercise any one or more other legal or equitable remedies available because of Contractor’s breach. 16.Records/Inspection.Pursuant to Minnesota Statutes § 16C.05, subd. 5, Contractor agrees that the books, records, documents, and accounting procedures and practices of Contractor, that are relevant to the contract or transaction, are subject to examination by the City and the state auditor or legislative auditor for a minimum of six years. Contractor shall maintain such records for a minimum of six years after final payment. The parties agree that this obligation will survive the completion or termination of this Agreement. 17.Indemnification.To the fullest extent permitted by law, Contractor, and Contractor’s successors or assigns, agree to protect, defend, indemnify, save, and hold harmless the City, its officers, officials, agents, volunteers, and employees from any and all claims; lawsuits; causes of actionsof any kind,nature, orcharacter; damages; losses; andcosts, disbursements, and expenses of defending the same, including but not limited to attorneys’ fees, professional services, and other technical, administrative or professional assistance resulting from or arising out of Contractor’s (or its subcontractors, agents, volunteers, members, invitees, representatives, or employees) performance of the duties required by or arising from this Agreement, or caused in whole or in part by any negligent act or omission or willful misconduct by Contractor, or arising out of Contractor’s failure to obtain or maintain the insurance required by this Agreement. Nothing in this Agreement shall constitute a waiver or limitation of any immunity or limitation on liability to which the City is entitled. The parties agree that these indemnification obligations shall survive the completion or termination of this Agreement. 21 5 18.Insurance.Contractor shall maintain reasonable insurance coverage throughout this Agreement. Contractor agrees that before any work related to the approved project can be performed, Contractor shall maintain at a minimum: a. Worker’s Compensation Insurance as required by Minnesota Statutes, section 176.181; b. Business Auto Liability covering vehicles owned by Contractor and non-owned vehicles used by Contractor, with policy limits not less than $1,000,000.00 per accident, for bodily injury, death of any person, and property damage arising out of the ownership, maintenance, and use of such motor vehicles, along with any statutorily required automobile coverage; c. Commercial General Liability in an amount of not less than $1,000,000.00 per occurrence, $2,000,000 general aggregate, and $2,000,000 for products-completed operations hazard, providing coverage for claims including: i.Damages because of bodily injury, sickness or disease, including occupational sickness or disease, and death of any person; ii.Personal and advertising injury; iii.Damages because of physical damage to or destruction of property, including loss of use of such property; iv.Bodily injury or property damage arising out of completed operations; and v.Contractor’s indemnity obligations under this Agreement. To meet the Commercial General Liability and Business Auto Liability requirements, Contractor may use a combination of Excess and Umbrella coverage. Prior to commencement of the Work, Contractor shall provide the City with a current certificate of insurance including the following language: “The City of Golden Valley is named as an additional insured with respect to the commercial general liability, business automobile liability and umbrella or excess liability, as required by the contract. The umbrella or excess liability policy follows form on all underlying coverages.” Such certificate of liability insurance shall list the City as an additional insured and contain a statement that such policies of insurance shall not be canceled or amended unless 30 days’ written notice is provided to the City, or 10 days’written notice in the case of non-payment. 19.Compliance with State Withholding Tax. Before final payment is made for the Work on this project, Contractor must make a satisfactory showing that it has complied with the provisions of Minnesota Statutes, section 290.92 requiring the withholding of State Income Tax for wages paid employees on this project by providing to the City Engineer a Certificate of Compliance from the Commissioner of Taxation. Contractor is advised that before such Certificate can be issued, Contractor must first place on file with the Commissioner of Taxation an affidavit, in the form of an IC-134, that Contractor has complied with the provisions of Minnesota Statutes Section 290.92. 20.Assignment.Neither the City nor Contractor shall assign this Agreement or any rights under or interest in this Agreement, in whole or in part, without the other party’s prior written consent. Any assignment in violation of this provision is null and void. Neither the City nor Contractor shall assign, or transfer any rights under or interest (including, but without limitation, moneys that may become due or moneys that are due) in the Agreement without the written consent of the other except to the extent that the effect of this limitation may be restricted by law. Unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under this Agreement. Nothing contained in this paragraph shall prevent Contractor from 22 6 employing such independent consultants, associates, and subcontractors, as it may deem appropriate to assist it in the performance of the Work required by this Agreement. Any instrument in violation of this provision is null and void. 21.Independent Contractor.Contractor is an independent contractor. Contractor’s duties shall be performed with the understanding that Contractor has special expertise as to the Work which Contractor is to perform and is customarily engaged inthe independent performance of the same or similar workfor others. Contractor shall provide or contract for all required equipment and personnel. Contractor shall control the manner in which the Work is performed; however, the nature of the Work and the results to be achieved shall be specified by the City.The parties agree that this is not a joint venture and the parties are not co-partners. Contractoris not an employee or agent of the City and has no authority to make any binding commitments or obligations on behalf of the City except to the extent expressly provided in this Agreement. All Work provided by Contractor pursuant to this Agreement shall be provided by Contractor as an independent contractor andnot as an employee of the City for any purpose, including but not limited to: income tax withholding, workers' compensation, unemployment compensation, FICA taxes, liability for torts and eligibility for employee benefits. 22.Compliance with Laws.Contractorshall exercise due professional care to comply with applicable federal, state and local laws, rules, ordinances and regulations in effect as of the Effective Date. Contractor’sguests, invitees, members, officers, officials, agents, employees, volunteers, representatives, and subcontractors shall abide by the City’s policies prohibiting sexual harassment and tobacco, drug, and alcohol use as defined on the City’s Tobacco, Drug, and Alcohol Policy, as well as all other reasonable work rules, safety rules, or policies, and procedures regulating the conduct of persons on City property, at all times while performing duties pursuant to this Agreement. Contractor agrees and understands that a violation of any of these policies, procedures, or rules constitutes a breach of the Agreement and sufficient grounds for immediate termination of the Agreement by the City. 23.Entire Agreement.The Contract Documents shall constitute the entire agreement between the City and Contractor, and supersede any other written or oral agreements between the City and Contractor. 24.Third Party Rights.The parties to this Agreement do not intend to confer any rights under this Agreement on any third party. 25.Choice of Law and Venue.This Agreement shall be governed by and construed in accordance with the laws of the state of Minnesota. Any disputes, controversies, or claims arising out of this Agreement shall be heard in the state or federal courts of Hennepin County, Minnesota, and all parties to this Agreement waive any objection to the jurisdiction of these courts, whether based on convenience or otherwise. 26.Work Products and Ownership of Documents. All records, information, materials and other work products, including, but not limited to the completed reports, drawings, plans, and specifications prepared and developed in connection with the provision of the Work pursuant to this Agreement shall become the property of the City, but reproductions of such records, information, materials and other work products in whole or in part may be retained by Contractor. Regardless of when such information was provided, Contractor agrees that it will not disclose for any purpose any information Contractor has obtained arising out of or related to this Agreement, except as authorized by the City or as required by law. These obligations survive the termination of this Agreement. 23 7 27.Conflict of Interest.Contractor shall use reasonable care to avoid conflicts of interest and appearances of impropriety in representation of the City. In the event of a conflict of interest, Contractor shall advise the City and,either secure a waiver of the conflict, or advise the City that it will be unable to provide the requested Work. 28.Agreement Not Exclusive.The City retains the right to hire other professionals, contractors and service providers for this or other matters, in the City’s sole discretion. 29.Data Practices Act Compliance.Any and all data provided to Contractor, received from Contractor, created, collected, received, stored, used, maintained, or disseminated by Contractor pursuant to this Agreement shall be administered in accordance with, and is subject to the requirements of the Minnesota Government Data Practices Act, Minnesota Statutes, Chapter 13. Contractoragrees to notify the City within three business days if it receives a data request from a third party. This paragraph does not create a duty on the part of Contractor to provide access to public data to the public if the public data are available from the City, except as required by the terms of this Agreement. These obligations shall survive the termination or completion of this Agreement. 30.No Discrimination.Contractor agrees not to discriminate in providing the Work under this Agreement on the basis of race, color, sex, creed, national origin, disability, age, sexual orientation, gender, gender identity, gender expression, status with regard to public assistance, or religion. Violation of any part of this provision may lead to immediate termination of this Agreement. Contractor agrees to comply with Americans with Disabilities Act as amended (“ADA”), section 504 of the Rehabilitation Act of 1973, and the Minnesota Human Rights Act, Minnesota Statutes, Chapter 363A. Contractoragrees to hold harmless and indemnify the City from costs, including but not limited to damages, attorneys’ fees and staff time, in any action or proceeding brought alleging a violation of these laws by Contractor or its guests, invitees, members, officers, officials, agents, employees, volunteers, representatives and subcontractors. Upon request, Contractor shall provide accommodation to allow individuals with disabilities to participate in all Work under this Agreement. Contractoragrees to utilize its own auxiliary aid or service in order to comply with ADA requirements for effective communication with individuals with disabilities. 31.Authorized Agents.The City’s authorized agent for purposes of administration of this contract is Tim Kieffer, or designee. Contractor’s authorized agent for purposes of administration of this contract is Dan Lipe, or designee who shall perform or supervise the performance of all Work. 32.Notices.Any notices permitted or required by this Agreement shall be deemed given when personally delivered or upon deposit in the United States mail, postage fully prepaid, certified, return receipt requested, addressed to: CONTRACTOR THE CITY Precision Utilities LLC 14067 62nd Street Mayer, MN 55360 dan@precisionutilities.com City of Golden Valley 7800 Golden Valley Road Golden Valley, MN 55427 tkieffer@goldenvalleymn.gov or such other contact information as either party may provide to the other by notice given in accordance with this provision. 24 8 33.Waiver.No waiver of any provision or of any breach of this Agreement shall constitute a waiver of any other provisions or any other or further breach, and no such waiver shall be effective unless made in writing and signed by an authorized representative of the party to be charged with such a waiver. 34.Headings.The headings contained in this Agreement have been inserted for convenience of reference only and shall in no way define, limit or affect the scope and intent of this Agreement. 35.Payment of Subcontractors.Contractor agrees to pay all laborers employed and all subcontractors furnishing material to Contractor in the performance of this contract. If Contractor fails to pay any claims and demands for labor and materials, the City may apply the monies due to Contractor toward paying and satisfying such claims and demands. The City has the right to apply monies due to Contractor towards paying any accrued indebtedness or any claim which may hereafter come due against Contractor. The amount of such payments shall be deducted from the balance due to the Contractor; provided that nothing herein nor any variation from the amounts and timing of the installments shall be construed as impairing the right of the City or of those to whose benefit the bond herein agreed upon shall insure, to hold Contractor or surety liable on the bond for any breach of the conditions of the same nor as imposing upon the City any obligation to laborers, materialmen, contractors, or sureties to pay or to retain for their benefit any monies coming to the contractor hereunder. Pursuant to Minnesota Statutes, Section 471.425, Subdivision 4(a), Contractor must pay any subcontractor within ten (10) days of Contractor’s receipt of payment from the City for undisputed services provided by the subcontractor. Contractor must pay interest of one and one-half percent (1½%) per month or any part of a month to the subcontractor on any undisputed amount not paid on time to the subcontractor. The minimum monthly interest penalty payment for an unpaid balance of $100.00 or more is $10.00. For an unpaid balance of less than $100.00, Contractor shall pay the actual penalty due to the subcontractor. A subcontractor who prevails in a civil action to collect interest penalties from the Contractor shall be awarded its costs and disbursements, including attorney’s fees, incurred in bringing the action. 36.Severability.In the event that any provision of this Agreement shall be illegal or otherwise unenforceable, such provision shall be severed, and the balance of the Agreement shall continue in full force and effect. 37.Signatory.Each person executing this Agreement (“Signatory”) represents and warrants that they are duly authorized to sign on behalf of their respective organization. In the event Contractor did not authorize the Signatory to sign on its behalf, the Signatory agrees to assume responsibility for the duties and liability of Contractor, described in this Agreement, personally. 38.Counterparts and Electronic Communication.This Agreement may be executed in two or more counterparts, each of which shall be deemed an original, but all of which taken together shall constitute one and the same instrument. This Agreement may be transmitted by electronic mail in portable document format (pdf) and signatures appearing on electronic mail instruments shall be treated as original signatures. 39.Recitals.The City and Contractor agree that the Recitals are true and correct and are fully incorporated into this Agreement. 25 9 IN WITNESS WHEREOF,the City and Contractor have caused this Independent Contractor Agreement to be executed by their duly authorized representatives in duplicate on the respective dates indicated below. PRECISION UTILITIES LLC:CITY OF GOLDEN VALLEY: By: _________________________________ Daniel Lipe, President By: _________________________________ Roslyn Harmon, Mayor By: _________________________________ Noah Schuchman, City Manager 26 EXHIBIT A SCOPE OF WORK 1.Work. The Work shall include all labor and equipment necessary to replace two 24-inch gate valves and other potable water distribution components as necessary. The Work shall include, but is not limited to, excavation; removal and disposal of old gate valve; installation of new gate valve; and backfill and compact the excavated trench. The City shall be responsible for saw-cutting, bituminousand concrete repair, turf restoration, and trucking. The City shall furnish new gate valve, parts, and bolts. Newly installed bolts shall be sprayed with an approved automobile undercoating agent after installation and wrap entire valve assembly in plastic. All bolts on the valve shall be replaced, including the bolts that connect the valve to the existing pipe material. All bolts and nuts used for this project shall be stainless steel or “Core Blue” as approved by the Authorized Agent. Each excavation of gate valve may include supplemental work as follows: A. Type A – Street Repair Removal of bituminous. Replace gate valve and adjust new valve box to within 1/4 inch below top of wear course grade. Installation and compaction of 6 inches of Class 5 per City of Golden Valley Standard Details herein Exhibit C, or to like conditions if on a County road. 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, or to like conditions if on a County road. 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, or to like conditions if on a County road. 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, or to like conditions if on a County road. E. Type E – Sod Repair Adjust new valve box to within ¼ inch below sod grade. 2.Schedule.The Work shall commence April 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 identify the locations of each repair. 27 28 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 29 given relative to the surface, overhead or underground structures or by reason of Contractor’s failure to properly protect and maintain such structures. 5.Utility Conflicts.Contractor shall coordinate its efforts with private utility companies so the Work can be done in a timely manner. Contractor shall schedule or redirect its Work to ensure that utility company relocates, installations, and/or removals do not impede progress of the Work. Contractor waives claims for any and all costs or damages due to alleged delay, disruption, or acceleration; and releases the City from any such claims, to the extent the claim is due to the failure of any private utility with facilities affected by the Workto promptly relocate, remove, or adjust such facilities. It is anticipatedthat some facilities will be in conflict with the work on this project that Contractor will be expected to guard and protect these facilities. No claims for extra compensation to perform the Work are due to conflicts with in-place utilities shall be considered. Likewise, no claim for delays due to conflicts with in-place utilities shall be considered. 6.Mobilization. The lump sum for mobilization is to include all aspects of work and shall include mobilization to all the areas identified in the Location Maps herein Exhibit A. No additional compensation will be considered for mobilization. 7.DOT Compliance. All of Contractor’s drivers performing work for the City must be in compliance withDOT 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 I-394 H. Noble Avenue North between Golden Valley Road and 34 th Ave N I.North and South Frontage Roads of I-394 J.Olympia Street between Winnetka Avenue and Douglas Drive K. Plymouth Avenue between US 169 and Winnetka Avenue L. Regent Avenue North between Duluth Street and 34 th Ave N M. Rhode Island Avenue between 10 th Avenue and TH 55 N. Wayzata Boulevard all portions in Golden Valley City Limits O. Winnetka Avenue between TH 55 and I-394 P. Xenia Avenue South between Glenwood Avenue and I-394 Q. Zenith Avenue North between 26 th Ave N and Theodore Wirth Pkwy 30 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 control 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, Revised 2013, as prepared by the City Engineers Association of Minnesota (CEAM) and published by the League of Minnesota Cities, St. Paul, Minnesota, except as modified or supplemented in these Special Conditions. The Standard Utilities Specifications are available from the Minnesota Society of Professional Engineers by calling 651.457.2347, or from the CEAM website at http://ceam.org/. C. The most current edition of the Minnesota Manual on Uniform Traffic Control Devices and its supplements. (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, 2020 Edition and its supplements, shall apply, except as modified or supplemented herein. (https://www.dot.state.mn.us/pre-letting/spec/) 31 E. Division II (Construction Details) and Division III (Materials) of the Minnesota Department of Highways Standard Specification for Construction, 2020 Edition and its supplements, shall apply, except as modified or supplemented herein. (https://www.dot.state.mn.us/pre-letting/spec/) 13.Tree and Landscape Preservation. Contractor shall protect existing trees and shrubbery that may be impacted by theWork, including but not limited to, cutting, breaking, orshredding of roots; wounding or scraping of trunksand branches; smothering of root systems bystockpiling of construction materials or excavated materials within their drip lines; excess foot or vehicular traffic; or parking of vehicles within their drip lines. All branches that have been damaged by Contractor shall be properly trimmed in accordance with National Arboriculture Standards by the end of the workday. Contractor shall have on-site an approved wound dressing to be applied to freshly cut branch ends immediately (within 10 minutes) after damage to prevent Emerald Ash Borer disease. Contractor shall also notify the Engineer immediately of any damaged branches. When excavating near trees, Contractor shall cut cleanly back to thesoil line, allexposed, shredded or torn roots greater than 1-½” in diameter, with proper pruning equipment. The cost to cut roots shall be incidental for which there shall be no direct compensation. When excavating or sloping within fifteen (15) feet of anytree, Contractor shall coordinate all such efforts with the City Forester. Standard excavation procedures may need to be modified for large trees that have their trunks closer than five (5) feet from the excavation or sloping limits. Contractor shall be required to provide protection to all exposed oak tree roots that are cut prior to July 1. Contractor shall have on-site an approved wound dressingto be applied to freshly cut root ends immediately (within 10 minutes) afterexcavation to prevent oak wilt infection. Wound dressing will not be permitted forany other situation other than oaks or ashes damaged by construction before July 1. Contractor shall coordinate all such work with the Assistant City Forester. 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 lump sum. 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 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 32 final settlement of costs incurred, except that it shall not be necessary to give Contractor written ten (10) days’ notice for such forfeiture. 33 EXHIBIT C CITY OF GOLDEN VALLEY STANDARD DETAILS 34 1109 Stagecoach Rd, Shakopee, MN 55379 sales@boyswaterproducts.com 952-500-2308 Estimate QUOTE #:Q-7093 EXPIRATION DATE:4/8/2025 BID INFORMATION Location Job Name: JWC 24" BFV Bid Date: Plan Room: Engineer: Derek Goddard City of Golden Valley 7720 Golden Valley Road Golden Valley, MN 55427 dgoddard@goldenvalleymn.gov 763-593-8038 Item #Description Qty Rate Total 24" MJ Butterfly Valve AVK-Series 816 Bi-Directional 2 EA $9,260.00 $18,520.00 Type "668" Valve Box-USA 2 EA $387.52 $775.04 Rubber Valve Box Adapter-5-1/4 VB Bottom Sections, 8” PVC & C- 900/C-905 2 EA $58.35 $116.70 24" MJ DI L/P Sleeve FBE USA (380#) 1 EA $2,300.00 $2,300.00 24" TYTON DIP CL52 BCL/AC-FULLY GUAGED 20 $158.00 $3,160.00 24" MJ Restrained Gland DI-USA (90#) 6 EA $678.00 $4,068.00 24" MJ Plain Rubber Gasket 6 EA $23.301 $139.81 3/4"x5" MJ Bolt/Nut Cor-Blue 96 EA $7.31 $701.76 SHIPPING $0.00 TOTAL $29,781.31 Certified DBE in MN, WI, IA, ND, SD; TGB; CERT SBE and WBE Quotation on named goods only. Acceptance of the quotation is acceptance of company Terms and Conditions. All taxes, transportation costs, duties and other charges are in addition to quoted prices. The amount of any sales taxes applicable to the Products shall be added to the purchase price and shall be paid by Buyer unless Buyer provides Seller with a valid tax exemption certificate. FOB Boys Water Products unless otherwise noted, shipments may have additional freight charges added dependent on location and shipping method requested. All quantities to be verified before shipment. All pipe is sold in full lengths only. All fabric is sold in full rolls only. Any additions are subject to price increases. 35 Seq#Qty Descripon Units Price Ext Price 10 24" BUTTERFLY VALVE 20 2 24 AVK 816 MJ BFV OR ON 250B EA 9,395.62 18,791.24 30 2 668" VALVE BOX EA 352.26 704.52 80 2 5-1/4 VLV BOX ADPTR MULTI FIT EA 31.32 62.64 90 4 24" MJ DI RESTRAINT USA EA 457.48 1,829.92 100 4 24" MJ REGULAR GASKET DOMESTIC EA 29.81 119.24 110 64 3/4" X 5" BLUE MJ B&N USA EA 5.11 327.04 SUBTOTAL (Avg. Based On 2EA)21,834.60 Average price per EA 10,917.30 130 24" MJ SLEEVE 140 1 24" MJ LONG SLEEVE EPOXY USA EA 2,439.18 2,439.18 150 2 24" MJ DI RESTRAINT USA EA 457.48 914.96 160 2 24" MJ REGULAR GASKET DOMESTIC EA 29.81 59.62 170 32 3/4" X 5" BLUE MJ B&N USA EA 5.11 163.52 SUBTOTAL (Avg. Based On 1EA)3,577.28 Average price per EA 3,577.28 190 20 24" TJ CL52 DI PIPE FT 176.59 3,531.80 Sub Total 28,943.68 Tax 0.00 Total 28,943.68 UNLESS OTHERWISE SPECIFIED HEREIN, PRICES QUOTED ARE VALID IF ACCEPTED BY CUSTOMER AND PRODUCTS ARE RELEASED BYCUSTOMER FOR MANUFACTURE WITHIN THIRTY (30) CALENDAR DAYS FROM THE DATE OF THIS QUOTATION. CORE & MAIN LPRESERVES THE RIGHT TO INCREASE PRICES TO ADDRESS FACTORS, INCLUDING BUT NOT LIMITED TO, GOVERNMENT REGULATIONS,TARIFFS, TRANSPORTATION, FUEL AND RAW MATERIAL COSTS. DELIVERY WILL COMMENCE BASED UPON MANUFACTURER LEADTIMES. ANY MATERIAL DELIVERIES DELAYED BEYOND MANUFACTURER LEAD TIMES MAY BE SUBJECT TO PRICE INCREASES AND/ORAPPLICABLE STORAGE FEES. THIS BID PROPOSAL IS CONTINGENT UPON BUYER’S ACCEPTANCE OF SELLER’S TERMS ANDCONDITIONS OF SALE, AS MODIFIED FROM TIME TO TIME, WHICH CAN BE FOUND AT: hps://coreandmain.com/TandC/ THIS BID MAY INCLUDE GLOBALLY SOURCED (IMPORTED) MATERIALS THAT ARE SUBJECT TO CHANGING TARIFFS. PRICES ARESUBJECT TO CHANGE DUE TO POTENTIAL ADDITIONAL TARIFFS IMPOSED BY THE U.S. GOVERNMENT. IF IMPOSED, PRICES WILLINCREASE BY THE SAME PERCENTAGE AND WILL BE EFFECTIVE ON THE DATE THAT THE NEW TARIFFS ARE IMPLEMENTED. THESEITEMS SHOULD BE PURCHASED WITH HASTE TO AVOID ANY ADDITIONAL RISING TARIFF COSTS. Actual taxes may vary Page 1 of 1 GOLDEN VALLEY CITY OF Job Locaon: GOLDEN VALLEY, MN Bid Date: 02/03/2025 Core & Main Bid #: 3993735 Core & Main 15800 W 79th St Eden Prairie, MN 55344 Phone: 9529379666 Fax: 9529378065 Bid Proposal for GOLDEN VALLEY 36 EXECUTIVE SUMMARY Public Works 763-512-2345 / 763-512-2344 (fax) Golden Valley City Council Meeting March 18, 2025 Agenda Item 3D.3. Approve Contract for Brush Pick-Up with Bratt Tree Company Prepared By Tim Kieffer, Public Works Director Al Lundstrom, Park Maintenance Superintendent Diana Preisen, City Forester Summary Each spring, the city contracts the collection and disposal of residents’ small brush, piled in the boulevard, as part of the Brush Pick-Up Program. The Brush Pick-Up Program is a three-week program scheduled to begin on April 28, 2025. The city is divided into three sections with each region allocated one week for collection. Staff solicited quotes to perform the work. The results are as follows: Bratt Tree Company $120,350 Davey Tree Expert Company $137,750 Midwest Corporate Services $175,160 Staff provides information to residents about the Brush Pick-Up Program through the CityNews, City’s website, and postcards. Financial or Budget Considerations Funding will come from the Recycling operating budget (7001.6340) which includes $1,100,900 for professional services such as Brush Pick-Up, Fall Leaf Drop, and Mighty Tidy Day events. Legal Considerations The Legal Department has reviewed and approved the contract. Equity Considerations Staff solicited quotes from sixty contractors, including fifty-one 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 Brush Pick-Up with Bratt 37 Tree Company in the form approved by the City Attorney to provide brush pick-up and disposal services. Supporting Documents Contract for Brush Pick-Up with Bratt Tree Company 38 1 CONTRACT FOR BRUSH PICK-UP WITH BRATT TREE COMPANY THIS AGREEMENT is made this 18th day of March 2025 (the “Effective Date”) by and between Bratt Tree Company, a tree care company located at 2230 East 35 th Street, Minneapolis, MN 55407 (“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 collecting, removing, and disposing of tree debris. B. The City desires to hire Contractor to collect, remove, and dispose of tree debris. 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 Contractorto provide the workdescribed in this Agreement and Contractor is willing to provide such work on the terms and conditions in this Agreement. NOW, THEREFORE,in consideration of the terms and conditions expressed herein, the City and Contractor agree as follows: AGREEMENT 1.The Work.Contractor shall perform the work more fully described in the attached Exhibit A (the “Work”). The Work includes all work and services required by this Agreement, whether completed or partially completed, and includes all labor, materials, equipment, and services provided or to be provided by Contractor to fulfill Contractor’s obligations. All Work shall be completed according to the specifications set forth in the attached Exhibit B. Contractor shall at all times keep the premises free from accumulation of waste materials and debris caused by Contractor’s operations. 2.Time for Completion.The Contractor shall proceed diligently and shallcomplete the Work to the satisfaction and approval of the City’s authorized agentaccording to the length of time set forth in Exhibit A (the “Contract Time”). Contractor shallnotify the City in writing of any cause of delay of the Workwithin 24 hours after such cause of delay arises. If Contractor fails to complete the Work by the Contract Time, the City may immediately, or at any time thereafter, proceed to complete the Work at the Contractor’s expense. If Contractor gives written notice of a delay over which Contractor has no control, the City may at its discretion, extend the Contract Time. 3.Consideration.In consideration of the performance of the Work, the City shall pay to Contractor the amount set forth herein Exhibit C (the “Contract Price”). The consideration shall be for both the Work performed by Contractor and the expenses incurred by Contractor in performing the Work. Contractor shall submit statements to the City containing a detailed list of project labor and hours, rates, titles, and amounts undertaken by Contractorduring the relevant billing period. The City shall pay Contractor within thirty-five (35) days after receiving a statement from Contractor. 39 2 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 the Contract Price, unless reimbursement is provided for an expense that received the prior written approval of the City, which approval may be provided via electronic mail. 8.Approvals.Contractor shall secure the City’s written approval before making any expenditures, purchases, or commitments on the City’s behalf beyond those listed in the Work. The City’s approval may be provided via electronic mail. 9.Protection of Persons and Property.Contractor shall be responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the performance of the Work. Contractor shall take reasonable precautions for the safety of, and shall provide reasonable protection to prevent damage, injury, or loss to: a. Persons performing the Work and other persons who may be affected by the Work; b. The Work and materials and equipment to be incorporated therein; and c. Other property at the site or adjacent to the site, such as trees, shrubs, lawns, walks, pavement, roadways, structures and utilities. Contractor shall promptly remedy damage and loss to property caused in whole or in part by Contractor or any of its subcontractors, agents, or anyone directly or indirectly employed by any of them. 40 3 10.Acceptance of the Work. . All of the Contractor’s work and labor shall be subject to the inspection and approval of the City. If any materials or labor are rejected by the City as defective or unsuitable, then the materials shall be removed and replaced with other approved materials and the labor shall be done to the satisfaction and approval of the City at the Contractor’s sole cost and expense. Contractor shall replace at Contractor’s expense any loss or damage to the Work, however caused, which occurs during the construction thereof or prior to the final delivery to and acceptance of the Work by the City. Any payment made to Contractor, shall not be construed as operating to relieve Contractor from responsibility for the construction and delivery of Work. Acceptance of the completed Work shall be evidenced only by a Certificate of Final Completion issued by the City, which shall state the date on which the City accepts the completed Work (the “Final Completion Date”). 11.Warranty.Contractor represents and warrants that it has the requisite training, skills, and experience necessary to complete the Work, is appropriately licensed by all applicable agencies and governmental entities, and will complete the Work in a manner consistent with the level of care and skill ordinarily exercised by professionals currently providing similar work. Contractor further represents and warrants to the City that the materials and equipment furnished under this Agreement are of good quality and new, unless this Agreement requires or permits otherwise. Contractor further warrants that the Work will conform to the requirements of this Agreement and will be free from defects. Work, materials, or equipment not conforming to these requirements may be considered defective. Contractor shall promptly correct any defective Work. Costs of correcting such defective Work, including additional testing and inspections, the cost of uncovering and replacement, and compensation for any additional services and expenses made necessary thereby, shall be at Contractor’s expense. Contractor’s warranty shall exclude remedy for damage or defect caused by abuse, alterations to the Work not executed by Contractor or its subcontractors, agents, or anyone hired or employed by any of them, improper or insufficient maintenance, improper operation or normal wear and tear under normal usage. 12.Guarantee.Contractor guarantees and agrees to maintain the stability of the Work and materials furnished and installed under this contract for a period of one year after the Final Completion Date (the “Guarantee Period”). Contractor agrees to perform fully all other guarantees as set forth in the specifications. If any of the Work is found to be not in accordance with the requirements of the Contract during the Guarantee Period, Contractor shall correct it promptly after receipt of notice from the City to do so. The City shall give such notice promptly after discovery of the condition. If Contractor fails to correct nonconforming Work within a reasonable time after receipt of notice from the City, the City may correct the Work at Contractor’s expense. The Guarantee Period shall be extended with respect to portions of Work first performed after the Final Completion Date by the period of time between final payment and the actual completion of that portion of the Work. The one-year period for correction of Work shall not be extended by corrective Work performed by Contractor pursuant to this Section. Nothing contained in this Section shall be construed to establish a period of limitation with respect to other obligations Contractor has under the Contract Documents. Establishment of the one-year period for correction of Work as described in this Section relates only to the specific obligation of Contractor to correct the Work, and has no relationship to the time within which the obligation to comply with the Contract Documents may be sought to be enforced, nor to the time within which proceedings may be commenced to establish Contractor’s liability with respect to Contractor’s obligations other than specifically to correct the Work. 41 4 13.Termination.This Agreement shall remain in force and effect commencing from the effective date and continuing until the completion of all of the parties’ obligations hereunder, unless terminated by the City or amended pursuant to this Agreement. Notwithstanding any other provision hereof to the contrary, this Agreement may be terminated as follows: a. The parties, by mutual written agreement, may terminate this Agreement at any time; b. Contractor may terminate this Agreement in the event of a breach of the Agreement by the City upon providing thirty (30) days’ written notice to the City; c. The City may terminate this Agreement at any time at its option, for any reason or no reason at all; or d. The City may terminate this Agreement immediately upon Contractor’sfailure to have in force any insurance required by this Agreement. In the event of a termination, the City shall pay Contractorfor Work performed to the date of termination and for all costs or other expenses incurred prior to the date of termination. 14.Amendments.No amendments may be made to this Agreement except in a writing signed by both parties. 15.Remedies. In the event of a termination of this Agreement by the City because of a breach by Contractor, the City may complete the Work either by itself or by contract with other persons or entities, or any combination thereof. These remedies provided to the City for breach of this Agreement by Contractor shall not be exclusive. The City shall be entitled to exercise any one or more other legal or equitable remedies available because of Contractor’s breach. 16.Records/Inspection.Pursuant to Minnesota Statutes § 16C.05, subd. 5, Contractor agrees that the books, records, documents, and accounting procedures and practices of Contractor, that are relevant to the contract or transaction, are subject to examination by the City and the state auditor or legislative auditor for a minimum of six years. Contractor shall maintain such records for a minimum of six years after final payment. The parties agree that this obligation will survive the completion or termination of this Agreement. 17.Indemnification.To the fullest extent permitted by law, Contractor, and Contractor’s successors or assigns, agree to protect, defend, indemnify, save, and hold harmless the City, its officers, officials, agents, volunteers, and employees from any and all claims; lawsuits; causes of actionsof any kind,nature, or character; damages; losses; andcosts, disbursements, and expenses of defending the same, including but not limited to attorneys’ fees, professional services, and other technical, administrative or professional assistance resulting from or arising out of Contractor’s (or its subcontractors, agents, volunteers, members, invitees, representatives, or employees) performance of the duties required by or arising from this Agreement, or caused in whole or in part by any negligent act or omission or willful misconduct by Contractor, or arising out of Contractor’s failure to obtain or maintain the insurance required by this Agreement. Nothing in this Agreement shall constitute a waiver or limitation of any immunity or limitation on liability to which the City is entitled. The parties agree that these indemnification obligations shall survive the completion or termination of this Agreement. 18.Insurance.Contractor shall maintain reasonable insurance coverage throughout this Agreement. Contractor agrees that before any work related to the approved project can be performed, Contractor shall procure and maintain at a minimum: 42 5 a. Worker’s Compensation Insurance as required by Minnesota Statutes, section 176.181; b. Business Auto Liability covering vehicles owned by Contractor and non-owned vehicles used by Contractor, with policy limits not less than $1,000,000.00 per accident, for bodily injury, death of any person, and property damage arising out of the ownership, maintenance, and use of such motor vehicles, along with any statutorily required automobile coverage; c. Commercial General Liability in an amount of not less than $1,000,000.00 per occurrence, $2,000,000 general aggregate, and $2,000,000 for products-completed operations hazard, providing coverage for claims including: i.Damages because of bodily injury, sickness or disease, including occupational sickness or disease, and death of any person; ii.Personal and advertising injury; iii.Damages because of physical damage to or destruction of property, including loss of use of such property; iv.Bodily injury or property damage arising out of completed operations; and v.Contractor’s indemnity obligations under this Agreement. To meet the Commercial General Liability and Business Auto Liability requirements, Contractor may use a combination of Excess and Umbrella coverage. Prior to commencement of the Work, Contractor shall provide the City with a current certificate of insurance including the following language: “The City of Golden Valley is named as an additional insured with respect to the commercial general liability, business automobile liability and umbrella or excess liability, as required by the contract. The umbrella or excess liability policy follows form on all underlying coverages.” Such certificate of liability insurance shall list the City as an additional insured and contain a statement that such policies of insurance shall not be canceled or amended unless 30 days’ written notice is provided to the City, or 10 days’written notice in the case of non-payment. 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.Performance and Payment Bond.Prior to Commencement of the Work, Contractor shall make, execute and deliver to the City corporate surety bonds in a form acceptable to the City, in the sum of $120,350.00 for the use of the City and of all persons furnishing labor, skill, tools, machinery or materials to the project. Said bonds shall secure the faithful performance and payment of the Contract by the Contractor and shall be conditioned as required by law. This Agreement shall not become effective unless and until said bonds have been received and approved by the City. 21.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 43 6 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. 22.Independent Contractor.Contractor is an independent contractor. Contractor’s duties shall be performed with the understanding that Contractor has special expertise as to the Work which Contractor is to perform and is customarily engaged inthe independent performance of the same or similar workfor others. Contractor shall provide or contract for all required equipment and personnel. Contractor shall control the manner in which the Work is performed; however, the nature of the Work and the results to be achieved shall be specified by the City.The parties agree that this is not a joint venture and the parties are not co-partners. Contractoris not an employee or agent of the City and has no authority to make any binding commitments or obligations on behalf of the City except to the extent expressly provided in this Agreement. All Work provided by Contractor pursuant to this Agreement shall be provided by Contractor as an independent contractor and not as an employee of the City for any purpose, including but not limited to: income tax withholding, workers' compensation, unemployment compensation, FICA taxes, liability for torts and eligibility for employee benefits. 23.Compliance with Laws.Contractorshall exercise due professional care to comply with applicable federal, state and local laws, rules, ordinances and regulations in effect as of the Effective Date. Contractor’sguests, invitees, members, officers, officials, agents, employees, volunteers, representatives, and subcontractors shall abide by the City’s policies prohibiting sexual harassment and tobacco, drug, and alcohol use as defined on the City’s Tobacco, Drug, and Alcohol Policy, as well as all other reasonable work rules, safety rules, or policies, and procedures regulating the conduct of persons on City property, at all times while performing duties pursuant to this Agreement. Contractor agrees and understands that a violation of any of these policies, procedures, or rules constitutes a breach of the Agreement and sufficient grounds for immediate termination of the Agreement by the City. 24.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. 25.Third Party Rights.The parties to this Agreement do not intend to confer any rights under this Agreement on any third party. 26.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. 27.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 44 7 in whole or in part may be retained by Contractor. Regardless of when such information was provided, Contractor agrees that it will not disclose forany 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. 28.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. 29.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. 30.Data Practices Act Compliance.Any and all data provided to Contractor, received from Contractor, created, collected, received, stored, used, maintained, or disseminated by Contractor pursuant to this Agreement shall be administered in accordance with, and is subject to the requirements of the Minnesota Government Data Practices Act, Minnesota Statutes, Chapter 13. Contractoragrees to notify the City within three business days if it receives a data request from a third party. This paragraph does not create a duty on the part of Contractor to provide access to public data to the public if the public data are available from the City, except as required by the terms of this Agreement. These obligations shall survive the termination or completion of this Agreement. 31.No Discrimination.Contractor agrees not to discriminate in providing the Work under this Agreement on the basis of race, color, sex, creed, national origin, disability, age, sexual orientation, gender, gender identity, gender expression, status with regard to public assistance, or religion. Violation of any part of this provision may lead to immediate termination of this Agreement. Contractor agrees to comply with Americans with Disabilities Act as amended (“ADA”), section 504 of the Rehabilitation Act of 1973, and the Minnesota Human Rights Act, Minnesota Statutes, Chapter 363A. Contractoragrees to hold harmless and indemnify the City from costs, including but not limited to damages, attorneys’ fees and staff time, in any action or proceeding brought alleging a violation of these laws by Contractor or its guests, invitees, members, officers, officials, agents, employees, volunteers, representatives and subcontractors. Upon request, Contractor shall provide accommodation to allow individuals with disabilities to participate in all Work under this Agreement. Contractoragrees to utilize its own auxiliary aid or service in order to comply with ADA requirements for effective communication with individuals with disabilities. 32.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 Brent Blanske, or designee who shall perform or supervise the performance of all Work. 33.Notices.Any notices permitted or required by this Agreement shall be deemed given when personally delivered or upon deposit in the United States mail, postage fully prepaid, certified, return receipt requested, addressed to: CONTRACTOR THE CITY Bratt Tree Company 2230 East 35th Street Minneapolis, MN 55407 brent@bratttree.com City of Golden Valley 7800 Golden Valley Road Golden Valley, MN 55427 tkieffer@goldenvalleymn.gov 45 8 or such other contact information as either party may provide to the other by notice given in accordance with this provision. 34.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. 35.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. 36.Payment of Subcontractors.Contractor agrees to pay all laborers employed and all subcontractors furnishing material to Contractor in the performance of this contract. If Contractor fails to pay any claims and demands for labor and materials, the City may apply the monies due to Contractor toward paying and satisfying such claims and demands. The City has the right to apply monies due to Contractor towards paying any accrued indebtedness or any claim which may hereafter come due against Contractor. The amount of such payments shall be deducted from the balance due to the Contractor; provided that nothing herein nor any variation from the amounts and timing of the installments shall be construed as impairing the right of the City or of those to whose benefit the bond herein agreed upon shall insure, to hold Contractor or surety liable on the bond for any breach of the conditions of the same nor as imposing upon the City any obligation to laborers, materialmen, contractors, or sureties to pay or to retain for their benefit any monies coming to the contractor hereunder. Pursuant to Minnesota Statutes, Section 471.425, Subdivision 4(a), Contractor must pay any subcontractor within ten (10) days of Contractor’s receipt of payment from the City for undisputed services provided by the subcontractor. Contractor must pay interest of one and one-half percent (1½%) per month or any part of a month to the subcontractor on any undisputed amount not paid on time to the subcontractor. The minimum monthly interest penalty payment for an unpaid balance of $100.00 or more is $10.00. For an unpaid balance of less than $100.00, Contractor shall pay the actual penalty due to the subcontractor. A subcontractor who prevails in a civil action to collect interest penalties from the Contractor shall be awarded its costs and disbursements, including attorney’s fees, incurred in bringing the action. 37.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. 38.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. 39.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. 46 9 40.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. BRATT TREE COMPANY:CITY OF GOLDEN VALLEY: By: _________________________________ Brent Blanske, Municipal Sales By: _________________________________ Roslyn Harmon, Mayor By: _________________________________ Noah Schuchman, City Manager 47 EXHIBIT A SCOPE OF WORK 1.Work. The Work shall include all labor and equipment necessary to remove all brush and branches four inches (4”) in diameter or smaller (the “Materials”) from the boulevards in each section listed in paragraph 2 of this Exhibit A. The work shall include the following: a. Remove the Materials from the boulevard with clam trucks and operators. b. Clean the pickup area and repair any areas damaged by equipment. c. Provide return service to properties not covered during initial cleanup. d. Videotape piles not complying with City requirements including shot of address on house for reference. Video should clearly show non-compliance and date. 2.Location. Contractor shall remove the Materials from street boulevards within the City. The City staff has divided the City into the following three sections for the removal operation: Section 1 is the area north of TH 55 and west of Douglas Drive. Section 2 is the area north of TH 55 and east of Douglas Drive. Section 3 is the area south of TH 55. 3.Schedule.Contractor shall complete the Work in each section according to the following schedule: Section Start Date Completion Date Section 1 April 28, 2025 May 3, 2025 Section 2 May 5, 2025 May 10, 2025 Section 3 May 12, 2025 May 17, 2025 Contractor shall complete each section of Work by the Completion Date stated in the table above. If the City receives requests for additional pick-ups from residents by May 17, 2025, the City’s representative may develop a list of additional work to be performed by the Contractor (the “Additional Pick-Ups”). Contractor shall perform all Additional Pick-Ups at the unit price for equipment and labor in Exhibit C. Contractor shall not be entitled to increased prices to perform the Additional Pick-Ups. All Work under this contract including, but not limitedto the Additional Pick-Upsshallbe completed by May 24, 2025(the “Final Completion Date”). If Contractor fails to complete the Work within each section by the Final Completion Date, the City may withhold from any monies due to Contractor until all of the Work is completed. 4.Disposal.Contractor shall collect, transport, and deposit all collected Materials at the City Designated Collection Facility located at 9305 10th Avenue North, Golden Valley, MN 55427. Contractor shall make reasonable efforts to keep the areas outside of the designated storage site at the City Designated Collection Facility free of debris. Contractor shall stack theMaterialseach day in an organized manner such that the debris is oriented in a uniform direction for efficient transfer. 48 EXHIBIT B SPECIAL CONDITIONS 1.Responsible Contractor Certification. Contractor and subcontractor(s) shall be a “responsible contractor” as defined in Minnesota Statutes §16C.285, subdivision 3. Contractor or subcontractor(s) that do not meet the minimum criteria established in Minnesota Statutes §16C.285, subdivision 3, or who fails to verify compliance with the minimum requirements, will not be a “responsible contractor” and will be ineligibleto perform the Work. Contractor and subcontractor(s) are that make a false statement verifying compliance with any of the minimum criteria shall result in the termination of this Agreement. 2.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. 3.Pre-Construction Meeting. Prior to the beginning of maintenance, a pre-construction meeting shall be held, and shall be attended by the authorized representatives of the City and persons of the contracting company who will have direct responsibility for workmanship and/or materials used on the project. The conference will disclose all aspects for execution and schedule of the Work. Agreement on any and all questionable measurements, materials, methods or other matters shall be made at this conference. Contractor shall submit the following at the pre-construction meeting: a. Critical path phasing plan and schedule, which details all controlling operations. This shall be submitted a minimum of three (3) days before the pre-construction meeting. b. List of products and materials. c. General project contact information including emergency contacts. d. Traffic Control plan. 4.Mobilization. The mobilization shall be included in the base price in all aspects of Work and shall include mobilization to all of the areas identified in Exhibit A. No additional compensation will be considered for mobilization. 5.Temporary Traffic Control Devices. Contractor, at its own expense, shall furnish and maintain traffic control 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. 49 6.DOT Compliance. All of Contractor’s drivers performing work for the City must be in compliance with the Minnesota Department of Transportation (“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 finesor penaltiesincurred 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. 7.Hours of Operation. Work shall occur Monday through Friday from 7:00 a.m. to 7:00 p.m., excluding holidays. On streets designated as high-volume or County roadways, Contractor’s Work shall be restricted to the hours of 9:00 a.m. to 3:30 p.m., or after 6:00 p.m. for any Work within the traveled portion of the roadway. High Volume Roadways A. Betty Crocker Boulevard between US 169 and General Mills Blvd B. Boone Avenue North between TH 55 and Plymouth Ave C. General Mills Boulevard between Wayzata Blvd and TH 55 D. Golden Hills Drive between Wayzata Blvd and Turners Crossroad E. Golden Valley Road between Boone Avenue and Douglas Drive F. Laurel Avenue between Winnetka Avenue and Xenia Avenue G. Louisiana Avenue South between Laurel Avenue and I-394 H. Noble Avenue North between Golden Valley Road and 34 th Ave N I.North and South Frontage Roads of I-394 J.Olympia Street between Winnetka Avenue and Douglas Drive K. Plymouth Avenue between US 169 and Winnetka Avenue L. Regent Avenue North between Duluth Street and 34 th Ave N M. Rhode Island Avenue between 10 th Avenue and TH 55 N. Wayzata Boulevard all portions in Golden Valley City Limits O. Winnetka Avenue between TH 55 and I-394 P. Xenia Avenue South between Glenwood Avenue and I-394 Q. Zenith Avenue North between 26 th Ave N and Theodore Wirth Pkwy 8.Noise Elimination. Contractor shall eliminate noise to the greatest extent 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. 9.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. 10.Payment.Payment for this project will be on an hourly basis as stated in Exhibit C and shall be based on the number of hours worked and the type of equipment used. The Contractor shall submit to the City’s representative a time sheet for each day’s activities. The estimated quantities on the Proposal form are for determination of the lowest proposal for the Work. Actual quantities maybe adjustedso long as the total Contract Price does not exceed the amounted budgeted by the City. Contractor shall useas many pieces of equipment and provide the necessary labor force to ensure all of the Work is completed within the Contract Time. 50 11.Contract Time Extension. Contractor shall perform fully, entirely, and in an acceptable manner, the Work within the Contract Time stated in thisAgreement.If Contractor determines it is impossible to complete the Work within the Contract Time, Contractor shall request an extension from the City, in writing, not less than ten days prior to end of the Contract Time. Contractor’s extension requestshall detailfully in thereasons for the requested extension. The City, in its sole discretion, may grant or deny Contractor’s extension request. The City will only grant extension requests if the Work has been delayed by circumstances beyond Contractor’s control, or if the Material quantities substantially exceed the estimated quantities. 12.Risk of Loss. Contractor acknowledges that it will bear all risk of loss with regard to its performance under this Agreement, including without limitation, the cost of losses caused by delays attributable to Contractor, breakdowns of trucks, equipment and the acts or omissions of Contractor’s employees. 51 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 prescribed in the Contract Documents. Contractor understands that the quantities shown herein are approximate only and are subject to increase or decrease. Contractor further understands all quantities, whether increased or decreased, shallbe performed at the unit pricesbelow.The cost of hauling to the dumpsite and the cost of dumping material at the site shall be included in the prices bid for the equipment. Clam Truck with Operator $185.00 /hr.X 290 hours =$53,650.00 Haul Truck with Operator $135.00 /hr.X 290 hours =$39,150.00 2 Person Clean-Up Crew $95.00 /hr.X 290 hours =$27,550.00 TOTAL:GRAND TOTAL COST TO PROVIDE SERVICES FOR 2025 SPRING BRUSH PICK-UP $120,350.00 52 EXECUTIVE SUMMARY Community Development 763-512-2345 / 763-512-2344 (fax) Golden Valley City Council Meeting March 18, 2025 Agenda Item 3D.4. Approve Professional Services Agreement with WSB LLC for Engineering Services on TH-55 Ottawa Watermain Project No. 25-05 Prepared By Caleb Brolsma, Assistant City Engineer Michael Ryan, City Engineer Summary The Minnesota Department of Transportation (MnDOT) will be constructing a shared use trail on the north side of Trunk Highway 55. This project will require the City to relocate its watermain between Ottawa Avenue North and the CPKC rail crossing west of Dahlberg Drive, due to the trail reducing the ground cover over the watermain. The City has additional watermain in MnDOT right-of-way between Schaper Road and Ottawa Avenue, which will also be relocated to City property as part of this project. Design is anticipated for spring 2025, and construction is expected to take place in summer 2025. Staff propose entering into a Professional Services Agreement with WSB LLC for design, bidding, and construction inspection services. Financial or Budget Considerations The total cost for WSB LLC to provide design, bidding, and construction services for the TH-55 Ottawa Watermain Project is $165,590.00. Project costs are included in the 2025 Utility CIP Program (Resolution 25-008) and will be funded by the Utility Enterprise Fund (7121.6960), which has allocated $750,000.00 for these improvements. The construction costs associated with this project will be determined following the completion of design and bidding. Legal Considerations The City Attorney's office has reviewed and approved this agreement. Equity Considerations Staff solicited proposals for this project using a request for proposals (RFP) process. The RFP was evaluated by the City's Equity and Inclusion Manager and was sent to four consulting firms, including one consulting firm registered as Disadvantaged Business Enterprises (DBEs) with MNUCP. A DE&I section was included as part of the proposal submission requirements and was included in the proposal evaluation criteria. Recommended Action Motion to approve Professional Services Agreement with WSB LLC for engineering services on TH-55 53 Ottawa Watermain Project No. 25-05 Supporting Documents PSA with WSB for Engineering Services - Project No. 25-05 - TH-55 Ottawa Watermain 54 1 PROFESSIONAL SERVICES AGREEMENT (ENGINEERING SERVICES) THIS AGREEMENT is made this March 18, 2025 (“Effective Date”) by and between WSB LLC, a Minnesota limited liability company located at 701 Xenia Avenue S, Ste. #300, Golden Valley, MN 55416 (“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 providing professional engineering consulting services. B. The City desires to hire Consultant to provide professional engineering services for the TH-55 Ottawa Watermain Project (Project #25-05). C. Consultant represents that it has the professional expertise and capabilities to provide the City with the requested professional 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 consulting services as described in the attached Exhibit A (the “Services”). Exhibit A shall be incorporated into this Agreement by reference. Services will be provided for a public improvement project in the area outlined in Exhibit B (“Location of Work”). All Services shall be provided in a manner consistent with the level of care and skill ordinarily exercised by professionals currently providing similar services. Consultant may reasonably rely on information and documents provided by or through the City. 2. Time for Completion. The Services shall be completed on or before December 31, 2025, provided that the parties may extend the stated deadline upon mutual written agreement. This Agreement shall remain in force and effect commencing from the effective date and continuing until the completion of the project, unless terminated by the City or amended pursuant to the Agreement. 3. Consideration. The City shall pay Consultant for the Services on an hourly basis and for necessary out-of-pocket expenses at the rates set forth in Consultant’s fee schedule, attached hereto as Exhibit C. Consultant’s total compensation for the Services, including hourly fees and expenses, shall not exceed $165,590.00. The consideration shall be for both the Services performed by Consultant and any and all expenses incurred by Consultant in performing the Services. The City shall make progress payments to Consultant on a monthly basis. Consultant shall submit statements to the City containing a detailed list of project labor and hours, rates, titles, and amounts undertaken by Consultant during the relevant billing period. The City shall pay Consultant within thirty-five (35) days after Consultant’s statements are submitted. 55 2 4. Approvals. Consultant shall secure the City’s written approval before making any expenditures, purchases, or commitments on the City’s behalf beyond those listed in the Services. The City’s approval may be provided via electronic mail. 5. Termination. Notwithstanding any other provision herein to the contrary, this Agreement may be terminated as follows: a. The parties, by mutual written agreement, may terminate this Agreement at any time; b. Consultant may terminate this Agreement in the event of a breach of the Agreement by the City upon providing thirty (30) days’ written notice to the City; c. The City may terminate this Agreement at any time at its option, for any reason or no reason at all; or d. The City may terminate this Agreement immediately upon Consultant’s failure to have in force any insurance required by this Agreement. In the event of a termination, the City shall pay Consultant for Services performed to the date of termination and for all costs or other expenses incurred prior to the date of termination. 6. Amendments. No amendments may be made to this Agreement except in a writing signed by both parties. 7. Remedies. In the event of a termination of this Agreement by the City because of a breach by Consultant, the City may complete the Services 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 Consultant shall not be exclusive. The City shall be entitled to exercise any one or more other legal or equitable remedies available because of Consultant’s breach. 8. 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 this Agreement 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. 9. 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; and costs, disbursements, and expenses of defending the same, including but not limited to reasonable attorneys’ fees, professional services, and other technical, administrative or professional assistance to the extent resulting from or arising out of Consultant’s (or its subcontractors, agents, volunteers, members, invitees, representatives, or employees) negligent 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 of liability to which the City is entitled. The parties agree that these indemnification obligations shall survive the completion or termination of this Agreement. 56 3 10. 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: A. Workers’ Compensation and Employers’ Liability 1. Coverage A: Per state statute 2. Coverage B: $500,000 each accident $500,000 Disease – policy limit $500,000 Disease – each employee B. Commercial General Liability 1. $2,000,000 General Aggregate 2. $2,000,000 Products—Completed Operations Aggregate 3. $1,000,000 Each Occurrence 4. $1,000,000 Personal Injury C. Commercial Automobile Liability 1. $1,000,000 Combined single limit bodily injury and property damage. The Commercial Automobile Liability shall provide coverage for the following automobiles: i. All owned automobiles ii. All non-owned automobiles iii. All hired automobiles D. Umbrella Liability 1. $10,000,000 Each claim 2. $10,000,000 Annual aggregate The umbrella liability shall provide excess limits for the commercial general liability policies. E. Professional and Pollution Incident Liability Professional liability insurance including pollution incident liability coverage with limits in an amount of not less than: 1. $5,000,000 per claim 2. $5,000,000 annual aggregate 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 this agreement. 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. 57 4 11. Assignment. 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 this Agreement without the prior written consent of the other except to the extent that the effect of this limitation may be restricted by law. Any assignment in violation of this provision is null and void. 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 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. 12. 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. 13. 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. 14. 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. If there is any conflict between this Agreement and Exhibits A or B, the terms of this Agreement shall prevail. 15. Third Party Rights. The parties to this Agreement do not intend to confer any rights under this Agreement on any third party. 16. 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 mediated with a mutually acceptable third-party neutral within 90 days of either party giving notice to the other of a dispute, controversy or claim. If such mediation is unsuccessful, the dispute, controversy, or claim shall be heard in the state or federal courts of Hennepin County, Minnesota, and all 58 5 parties to this Agreement waive any objection to the jurisdiction of these courts, whether based on convenience or otherwise. 17. Conflict of Interest. Consultant shall use reasonable care to avoid conflicts of interest and appearances of impropriety in its 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. 18. 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 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. Any reuse of the records, information, materials, or work product without written verification or adaptation by Consultant will be at the City’s sole risk and without liability or legal exposure to Consultant. 19. Agreement Not Exclusive. The City retains the right to hire other professional service providers for this or other matters, in the City’s sole discretion. 20. 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. 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. 21. No Discrimination. Consultant agrees not to discriminate in providing products and services under this Agreement on the basis of race, color, sex, creed, national origin, disability, age, sexual orientation, gender, gender identity, gender expression, status with regard to public assistance, or religion. Violation of any part of this provision may lead to immediate termination of this Agreement. Consultant agrees to comply with 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. Consultant agrees to hold harmless and indemnify the City from costs, including but not limited to damages, reasonable 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 59 6 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. 22. Authorized Agents. The City’s authorized agent for purposes of administration of this contract is Michael Ryan, City Engineer, or designee. Consultant’s authorized agent for purposes of administration of this contract is Craig Carter, or designee who shall perform or supervise the performance of all Services. 23. 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: CONSULTANT THE CITY WSB LLC Emily Brown, PE 701 Xenia Avenue S, Suite #300 Golden Valley, MN 55416 ebrown@wsbeng.com City of Golden Valley Michael Ryan, PE, CPSWQ 7800 Golden Valley Road Golden Valley, MN 55427 mryan@goldenvalleymn.gov or such other contact information as either party may provide to the other by notice given in accordance with this provision. 24. 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. 25. 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. 26. Payment of Subcontractors. Consultant agrees that it must pay any subcontractor within 10 days of the Consultant’s receipt of payment from the City for undisputed Services provided by the subcontractor. Consultant agrees that it must pay interest of 1-1/2 percent 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 or more is $10. For an unpaid balance of less than $100, the Consultant shall pay the actual penalty due to the subcontractor. A subcontractor who prevails in a civil action to collect interest penalties from Consultant must be awarded its costs and disbursements, including attorneys’ fees, incurred in bringing the action. 27. 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. 28. 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. 60 7 29.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. 30.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. 31.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. CITY OF GOLDEN VALLEY: WSB LLC By: ________________________________ Name: ______________________________ Title: _______________________________ By: _________________________________ Roslyn Harmon, Mayor By: _________________________________ Noah Schuchman, City Manager 61 8 EXHIBIT A SCOPE OF SERVICES 62 COMPANY NAME: WSB AND ASSOCIATES, INC. ADDRESS: 701 XENIA AVENUE S SUITE 300 GOLDEN VALLEY, MN 55416 POINT OF CONTACT: EMILY BROWN | PROJECT MANAGER 612.849.6157 | EBROWN@WSBENG.COM FEBRUARY 18TH, 2025 A PROPOSAL FOR TH-55 Ottawa Watermain Relocation FOR THE CITY OF GOLDEN VALLEY 63 701 XENIA AVE S | SUITE 300 | GOLDEN VALLEY, MN 55416 | TEL: 763.541.4800 | FAX: 763.541.1700 | WSBENG.COMFebruary 18, 2025 Caleb Brolsma Assistant City Engineer City of Golden Valley 7800 Golden Valley Rd Golden Valley, MN 55427 Re: Proposal for TH-55 Ottawa Watermain Relocation (Project 25-05) Dear Caleb, WSB appreciates the opportunity to provide the city a proposal for the TH-55 Ottawa Watermain Relocation Project. We are confident our firm and team are strategically positioned to succeed in its delivery given our knowledge and experience of the process and complexities with these types of utility relocation projects. As an example, we are currently delivering the TH-55 Watermain Repair at Bassett Creek for the city. The City of Golden Valley and WSB share a strong alignment in their core values. Our headquarters is proudly located in the City of Golden Valley, strongly connecting us to the community (value). Golden Valley’s commitment to Inclusion (value) resonates with WSB’s Opportunity Plus initiative, which fosters equal opportunities for all. The city’s emphasis on innovation (value) is mirrored by WSB’s WSBU – Educate. Collaborate. Innovate. program, which encourages continuous learning and collaboration. Additionally, Golden Valley’s focus on building a vibrant community (mission) aligns with WSB’s mission of Reinventing Community. Together, we strive to create a positive impact and drive progress in our shared community. |2 WSB’s Municipal Group has extensive experience with projects in the Twin Cities metro area. Clients include: Afton | Burnsville | Champlin | Circle Pines | Corcoran | Deephaven | Eagan | Eden Prairie | Excelsior | Hanover | Hugo | Inver Grove Heights | Lakeville | Lino Lakes | Long Lake | Lonsdale | Mahtomedi | Maple Grove | Medina | Mendota Heights | Minnetrista | Monticello | North Branch | North St. Paul | Osseo | Plymouth | Princeton | Rogers | Rosemount | Shorewood | South St. Paul | St. Anthony | St. Paul Park | Sunfish Lake | Tonka Bay | Woodbury References specific to our proposed project team include: Project Manager Principal Shawn Williams, North Branch Public Works Director, 651.674.8493, shawnw@ci.north-branch.mn.us Joe Dornfeld, Lonsdale Public Works Director, 507.744.2397, jdornfeld@lonsdalemn.com RJ Kakach, Maple Grove City Engineer, 763.494.6353, rjkakach@maplegrovemn.gov Our proposed project team has been serving Golden Valley since early 2022 and is well-acquainted with the city’s culture and values in the context of project implementation. Our team has developed relationships with city staff and understands the project process from the city staff level. Shibani Bisson, PE, our Principal, will oversee the project and has 24 years of experience in municipal engineering and has served as city engineer in several communities. Emily Brown, PE, our proposed project manager, has 15 years of experience in municipal engineering and has strengths in all aspects of municipal projects from planning to design and construction administration. She currently serves the communities of Minnetrista, Osseo, and North Branch, in addition to Golden Valley. We look forward to the opportunity to work with you on this project. Please contact me at 612.849.6157 or ebrown@ wsbeng.com with any questions about our qualifications or availability. Sincerely, WSB Emily Brown, PE Shibani Bisson, PE 64 Proposal for TH 55 Ottawa Watermain Relocation for the City of Golden Valley Base Bid – Relocation of watermain between Ottawa Avenue and 4600 Olson Memorial Hwy to accommodate MnDOT’s trail project Alternate 1 - Relocation of watermain and sanitary sewer between Schaper Road and Ottawa Avenue Alternate 2 - Relocation of watermain and sanitary sewer between Schaper Road and Lilac Drive Statement of Proposed Work |3 Statement of Proposed Work Project Understanding The City of Golden Valley plans to relocate their existing 12-inch watermain along the TH-55 frontage road due to the MnDOT trail project to be constructed in June or July 2025. It is our understanding that the City is considering phasing the project as budget allows as follows: 40 40 40 40 40 Adeline Lane Schaper Park Natchez Park Theodore Wirth Park / Parkway Theodore Wirth Park / Parkway TWIN WIRTH BASSETT CREEK SWEENEY -– Relocation of watermain between Ottawa Avenue and 4600 Olson Memorial Hwy to accommodate MnDOT’s trail project -Alternate 1 - Relocation of watermain and sanitary sewer between Schaper Road and Ottawa Avenue -Alternate 2 - Relocation of watermain and sanitary sewer between Schaper Road and Ottawa Avenue SCHAPER PARK OTTAWA AVE NOTTAWA AVE N55SCHAPER RDSCHAPERRDALTERNATE 2 ALTERNATE 1 BASE BID LILAC DR NLILAC DR N We understand that the City is coordinating with MnDOT regarding the project requirements to determine if the watermain can be abandoned in place and if the watermain relocation work can occur after July 2025 given the constrained timeline. ASSUMPTIONS: • All existing watermain will likely be abandoned in place and the new watermain will be directionally drilled to minimize impacts to existing infrastructure. • All work will take place in public right-of-way (ROW) and the proposed utilities will be in City ROW or easement. • The entire project area, including the base bids and alternates, will be designed as one project plan set and permit submittals will be completed for the entire area. 65 Statement of Proposed Work | 4Proposal for TH 55 Ottawa Watermain Relocation for the City of Golden Valley WSB will manage the project, including conducting a kick-off meeting to finalize the project scope, planning and coordination tasks, monitoring budgets, communicating with City staff, and coordination with private utilities and permit agencies. The project manager will provide technical direction on all aspects of the project and keep the City informed of the project progress. Based on our understanding, we propose the following scope of services. Methodology Preliminary Design DATA COLLECTION & FIELD WORK WSB will conduct a site visit to review potential impacts and design considerations. WSB will complete a topographic survey of the project corridor in addition to the MnDOT provided survey of the corridor Additional topographic survey may include: -Curb, signs, signal poles, light poles, castings of structures, and property corners within 20 feet of the proposed watermain alignment. -Invert elevations of the two impacted sanitary sewer structures. -Marked private utilities based on a gopher state one call complete prior to survey work. This work does not include field verification of buried utility depths. We understand from past projects that the Metropolitan Council (MCES) forcemain lines are required to be potholed to verify location and depth prior to construction. It is recommended that this work be completed during the design phase. This would involve coordinating and hiring a contractor to complete this work. WSB can coordinate this work at an additional fee after MCES requirements are confirmed. GEOTECHNICAL REVIEW WSB will review soil borings provided by the City (MnDOT), and provide a summary of soil conditions and recommendations for the utility work. 66 Statement of Proposed Work | 5Proposal for TH 55 Ottawa Watermain Relocation for the City of Golden Valley PERMITTING COORDINATION WSB will provide a permit matrix summarizing the anticipated permits needed and estimated timeline for the project. It is assumed that permitting will be submitted based on 90% design layout and profile. Based on the scope of the work, we have included the following permit applications and coordination with this proposal: -MnDOT ROW permit for abandonment of existing watermain facilities and work within the ROW. -Participate in two (2) coordination meetings with MnDOT to review the design requirements to incorporate in the final plans and specifications. -DNR License to Cross the culvert crossing that connects Spring Pond to Schaper Pond. -Proposed watermain alignment may cross or be within a MCES easement. This work includes coordination with MCES staff in pursuit of a MCES encroachment agreement. This work shall include up to two (2) site meetings with MCES to review field locations during the design phase. MCES shall provide field locations and depths of existing facilities and documentation of existing easements. Survey exhibits and legal descriptions of the utility corridor if required for the encroachment agreement can be prepared at an additional fee. -It is assumed that this project will have less than 10,000 square feet of disturbances and therefore will not be subject to a watershed permit or NPDES permit. PRELIMINARY LAYOUT WSB will develop a preliminary layout including inplace topography, existing utilities, ROW, easements, and prepare up to two (2) proposed watermain and sanitary sewer alignments for City review. The City will provide easement/ ROW documentation within the project area along with the final MnDOT trail and retaining wall project plans. Final Design, Plans, and Construction Documents The WSB design team will conduct final design and prepare plans, technical specifications, contract documents, permit applications, and perform the bidding with the following in mind: -Complete the final design and prepare the project plans and specifications consistent with City standards. -Facilitate one utility coordination meeting for the project in a virtual format. Request private utility mapping through one GSOC locate request and relocation plans from utility companies -If it is determined that the proposed utilities will cross MCES facilities, WSB can provide structural designs as an amendment to the contract. -Prepare a final Engineer’s Opinion of Probable Cost based on the final design at 90% and 100%. -Perform quality control reviews regularly throughout the duration of the design. -A set of plans in pdf format will be provided to the City at a 60%, 90% and 100% completion level for review and comment. Engineer’s Opinion of Probable Cost and Specifications shall be provided at 90% and 100% completion. -Coordinate three (3) project meetings with City staff and design team (WSB staff) members at the project kick off, 60%, 90% plan completion level. Any additional meetings will be at an hourly basis. Bidding and Award It is our understanding that the project may be constructed as a change order to MnDOT’s construction contract. If that is not pursued, our team will prepare the Advertisement for Bids in compliance with the City’s practices, facilitate project bidding (using QuestCDN), answer contractor questions, prepare any addenda if necessary and attend the bid opening. The cost to advertise the project will be paid by the City. WSB will submit the Advertisement for Bids to the local newspaper and the Finance and Commerce. After bidding, our team will provide a bid tabulational and recommendation letter. 67 Proposal for TH 55 Ottawa Watermain Relocation for the City of Golden Valley Construction Observation and Inspection: WSB will provide construction observation and inspection services throughout the project, assumed completion within 7 weeks if the entire project is awarded. Our observation services are based off of the utilization of one sole construction inspector/observer at 50 hours per week. This task will include: -Record all construction activities daily, making a complete and accurate record of all events. -Ensure construction practices and materials used on site are compliant with project specifications. -Accurately measure and record contract pay items daily. -Perform daily reviews of construction signing, and construction traffic control maintenance. -Provide services required under this contract as necessary to accommodate the contractors schedule and needs. -Exercise the “Authority and Duties of the Inspector” as necessary. Construction Survey Staking: WSB will provide staking for anticipated utility work. On project completion, WSB will survey the final top of structure elevation and inverts for preparation of record plans. Record Plans: Within one month of construction completion, WSB will prepare a set of record plans for the as-built improvements, including field shots of final utility locations. WSB will provide hard copies to City staff and provide a link to the electronic record plan PDF. Construction Services We understand that this project may be constructed with only the Base Bid, Base Bid + Alternate 1, or Base Bid + Alternate 1 + Alternate 2. We have identified these alternatives as separate construction services fees in our fee schedule. The following tasks apply to the overall project. Construction Management: WSB will manage project and construction administration. The project team will collaborate with the contractor and the City to ensure that construction work adheres to the plans and standards, and is properly documented throughout the project. Scope of work for this task includes: -Prepare materials for and attend the preconstruction meeting and weekly on-site meetings for the duration of the project (total of 8 meetings included if entire project is awarded). -Communicate with the City and Contractor to address project related issues. -Review shop drawings, respond to RFI’s, prepare any necessary plan revisions, and coordinate with the contractor and City on any plan changes. -Provide understanding of City’s standard construction practices as they relate to the project. -Review and verify pay vouchers and documented quantities; coordinate approval of pay vouchers with City staff and prepare the necessary documentation for Council approval. -Prepare all pay vouchers in the City’s One Office system -Prepare contract change order documents and cost estimates with negotiations with the contractor on any contract changes. -Complete all necessary field finalizing of the project documentation in accordance with project specifications Material Testing WSB will conduct material testing for the project in compliance with the contract specifications. We understand this project will not utilize state aid funding and the testing rates shall be consistent with City specifications. The testing will be conducted to verify that what materials the contractor is procuring for the project are consistent with the construction specifications, specifically for the concrete and bituminous materials utilized for construction. 68 Statement of Proposed Work | 7Proposal for TH 55 Ottawa Watermain Relocation for the City of Golden Valley Timeline TASK 2025 MAR APR MAY JUN JUL AUG DESIGN AUTHORIZATION (MARCH 18) FIELD WORK (LOCATE REQUEST, SURVEY, AND SITE REVIEW) GEOTECHNICAL SUMMARY PRELIMINARY LAYOUT AND PERMIT MATRIX FOR CITY REVIEW (APRIL 18) BEGIN FINAL DESIGN AND PLAN PREPARATION 90% DESIGN AND PERMIT APPLICATION SUBMITTAL 100% DESIGN CITY COUNCIL APPROVE PLANS/SPECS AND AUTHORIZE BIDDING (MAY 20) PERMIT & ENCROACHMENT AGREEMENT RECEIPT* BIDDING CONSTRUCTION * Assumes 30-day permit review period EXCLUSIONS The scope of work does not include ROW services, attendance at council meetings, property owner engagement, or development of communication materials. WSB can provide these services to the City as an amendment to the contract. ADDITIONAL WORK The following items are considered additional work for the scope and fee provided in this proposal and could be completed as an amendment to the contract. -If MCES requires potholing of their facilities during design, WSB can coordinate this work with an outside contractor during the design phase. -Preparation of survey exhibits and legal descriptions as required for any MCES encroachment agreements. -Structural design for supporting MCES crossings can be provided by WSB as an amendment to the contract. -WSB has reviewed the existing soils information, and suggests four additional borings to obtain soil parameters needed to support design recommendations. The timeline assumes agreements are approved with MnDOT, MCES, and other permitting agencies. 69 Statement of Proposed Work | 8Proposal for TH 55 Ottawa Watermain Relocation for the City of Golden Valley Budget and Deliverables PHASE | TASKS PRINCIPALS. BISSONPROJECT MANAGERE. BROWNPROF. ENGINEERH. DELKERLEAD CONST. INSPECTORENVIRONMENTAL SCIENTIST OFFICE TECHNICIAN TWO-PERSON SURVEY CREW SR. SURVEY TECHNICIAN TOTALS HRS.COST PRELIMINARY DESIGN PROJECT MANAGEMENT 4 12 16 $3,620 SURVEY 8 4 12 $2,732 DATA COLLECTION 4 12 16 $2,444 PERMITTING MATRIX 6 4 10 $1,832 PRELIMINARY LAYOUT 4 8 24 36 $5,892 FINAL DESIGN AND BIDDING PROJECT MANAGEMENT 30 50 80 $18,430 MEETINGS WITH THE CITY (3)6 6 12 $2,094 MNDOT/MCES COORDINATION 8 30 8 46 $9,596 DESIGN 150 150 $19,650 UTILITY COORDINATION 2 6 8 $1,222 SPECIFICATIONS 8 20 28 $4,684 PERMITTING 2 4 8 14 $1,976 ENGINEER’S OPINION OF PROBABLE COST 6 8 14 $2,356 BIDDING 8 6 14 $2,626 QA/QC 16 4 20 $4,888 CONSTRUCTION SERVICES PROJECT MANAGEMENT 8 40 48 $10,728 PRECONSTRUCTION MEETING 4 2 6 $1,148 CONSTRUCTION SURVEY 8 4 12 $2,732 CONSTRUCTION OBSERVATION 370 370 $51,060 PAY VOUCHES (3)6 6 $882 PROJECT CLOSEOUT 4 4 $588 RECORD PLANS 2 8 4 2 16 $2,850 TOTAL ESTIMATED HOURS 70 192 230 372 8 36 20 10 938 - HOURLY BILLING RATE $251 $218 $131 $138 $127 $147 $265 $153 -- LABOR TOTAL $17,570 $41,856 $30,130 $51,336 $1,016 $5,292 $5,300 $1,530 -$154,030 GEOTECHNICAL SUMMARY $4,000 CONSTRUCTION MATERIALS TESTING $7,560 TOTAL PROJECT COST $165,590 Our proposed fee totals $165,590 for design and construction services for the entire project corridor. If the project construction is phased, the following is the estimate fee for construction services: -Base Bid - $52,710 (5 week construction duration) -Base Bid + Alternate 1 - $61,496 (6 week construction duration) -Base Bid + Alternate 1 and 2 - $69,988 (7 week construction duration) 70 Diversity, Equity, and Inclusion By partnering with community-based organizations that are connected to the job seeking community and specifically serve people of color and/ or immigrants, we’ve been successful in recruiting a diverse group of participants. At WSB, we believe that our company – and our industry as a whole – needs to reflect the communities that we serve. In Minnesota, only 14% of civil engineers are women and 5% are people of color. As a result, WSB has made recruitment a focal point of our Diversity, Equity and Inclusion program. For a number of our clients, we prepare and submit semi-annual reporting that summarizes and applies metrics to our recruitment focus. On the following pages, we have included an actual report (client name withheld) that tells our story for the second half of 2024 with regard to recruitment, utilization goals, impediments to employment, pay equity, accessibility and more. WSB runs our equal employment opportunity (EEO) reporting 4-6 times annually – more than is necessary to comply with reporting requirements. We utilize those reports to identify weaknesses and area of opportunity. For example, internal off erings such as Domestic Partnership insurance coverage and enhanced Mental Health Resources are programs that have come as a result of our internal analysis of our EEO metrics. Another example of a successful program that has arisen from our self-evaluation is our Opportunity+ program. Nationally, only 20% of engineering degrees are earned by women and 25% by people of color. We can’t solely rely on universities to produce graduates that will change our workforce. In 2020, WSB launched Opportunity+, our firm’s workforce training and development program designed to prepare participants for long-term careers in the civil engineering industry. The program is a free and fast-paced training course led by experts at WSB. It was built to provide a pathway into the architecture, engineering and construction industry for those that are generally underrepresented in it, specifically women and people of color. By removing some of the barriers to a successful career in our industry, we can begin to look and think and engage more like the diverse mix of people in the communities we serve. To date, 17 people have graduated from Opportunity+ in three cohorts. 71% have been non-white or Hispanic and 35% have been women. Of the 17 graduates, 7 were hired by WSB and 2 by external hiring partners. We are committed not only to providing hiring opportunities for groups underrepresented in our industry, but to their career growth and advancement as well. We have included some of our informational and marketing materials for Opportunity+ at the end of section for reference. 71 Date: 06.01.2024 – 11.30.2024 At WSB, we believe we have a responsibility to support diversity and create opportunities for all people. Our mission is to build what’s next in infrastructure and it’s important that our workforce reflect the diverse communities we serve. Through this commitment, we strive to create an environment where our staff, clients and partners feel welcomed, included, valued and have a positive experience regardless of their backgrounds. Our collective differences help us work through challenges together and drive innovation. WSB has instituted action steps to eliminate identified problem areas and to help achieve specific affirmative action good faith efforts and goals. We continue the use of our Applicant Tracking System to better support and help us achieve our affirmative action goals. We are continuing our partnership with organizations and continue to post open positions on job boards to expand our Affirmative Action recruiting efforts. Steps include: 1.Recruitment Efforts: Using techniques to improve recruitment and increase the flow of women and minority applicants. Our recruitment efforts during the preceding months include: Subsequent documents include our open positions and where they were posted and dates posted. In 2020, WSB launched Opportunity+, our firm’s workforce training and development program designed to prepare participants for long-term careers in the civil engineering industry. The program is a free and fast-paced training course led by experts at WSB. The program was built to provide a pathway into the architecture, engineering and construction industry for those that are generally underrepresented in it, specifically women and people of color. The intent of the program is to remove some of the barriers to a successful career as a civil engineering technician. We also attended the following career fairs: University Date DFC Career Expo November 6th, 2024 University of Mary October 15th, 2024 Dunwoody October 1st, 2024 St. Thomas Career Fair-Meet the Engineers October 1st, 2024 Bismarck State College October 22nd, 2024 University of Texas at Tyler-Houston Branch October 29th, 2024 North Dakota State University Top Golf Event October 3rd, 2024 Minnesota State University Mankato October 8th, 2024 University of Minnesota-Twin Cities ASCE Career Fair October 8th, 2024 University of South Florida October 9th, 2024 Colorado School Mines September 10th, 2024 Texas A&M Univeristy September 12 and 13th University of Minnesota-Duluth Stem Fest September 12th 2024 EXAM P L E organizations and continue to post open positions on job boards to expand our Affirmative Action EXAM P L E organizations and continue to post open positions on job boards to expand our Affirmative Action Using techniques to improve recruitment and increase the flow of EXAM P L E Using techniques to improve recruitment and increase the flow of Our recruitment efforts during the preceding months include: EXAM P L E Our recruitment efforts during the preceding months include: Subsequent documents include our open positions and where they were posted and dates posted. EXAM P L E Subsequent documents include our open positions and where they were posted and dates posted. In 2020, WSB launched Opportunity+, our firm’s workforce training and development program EXAM P L E In 2020, WSB launched Opportunity+, our firm’s workforce training and development program designed to prepare participants for long-term careers in the civil engineering industry. The EXAM P L E designed to prepare participants for long-term careers in the civil engineering industry. The program is a free and fastEXAM P L E program is a free and fast provide a pathway into the architecture, engineering and construction industry for those that are EXAM P L E provide a pathway into the architecture, engineering and construction industry for those that are generally underrepresented in it, specifically women and people of color. The intent of the EXAM P L E generally underrepresented in it, specifically women and people of color. The intent of the EEO R E P O R T minority applicants. EEO R E P O R T minority applicants. Subsequent documents include our open positions and where they were posted and dates posted. EEO R E P O R T Subsequent documents include our open positions and where they were posted and dates posted. In 2020, WSB launched Opportunity+, our firm’s workforce training and development program EEO R E P O R T In 2020, WSB launched Opportunity+, our firm’s workforce training and development program designed to prepare participants for long-term careers in the civil engineering industry. The EEO R E P O R T designed to prepare participants for long-term careers in the civil engineering industry. The -paced training course led by experts at WSB. The program was built to EEO R E P O R T -paced training course led by experts at WSB. The program was built to provide a pathway into the architecture, engineering and construction industry for those that are EEO R E P O R T provide a pathway into the architecture, engineering and construction industry for those that are generally underrepresented in it, specifically women and people of color. The intent of the EEO R E P O R T generally underrepresented in it, specifically women and people of color. The intent of the program is to remove some of the barriers to a successful career as a civil engineering technician.EEO R E P O R T program is to remove some of the barriers to a successful career as a civil engineering technician. We also attended the following career fairs:EEO R E P O R T We also attended the following career fairs: UniversityEEO R E P O R T UniversityEEO R E P O R T DFC Career ExpoEEO R E P O R T DFC Career ExpoEEO R E P O R T University of MaryEEO R E P O R T University of MaryEEO R E P O R T EEO R E P O R T 72 The University of Oklahoma September 12th, 2024 Oklahoma State University-CEAT Career Fair September 17th 2024 University of Minnesota-CSE Career Fair September 17th 2024 University of Texas at Arlington September 17th 2024 South Dakota State University September 18th 2024 UT Austin September 19th, 2024 Iowa State University September 24th 2024 Tarleton University September 24th, 2024 University of North Dakota September 24th 2024 University of North Florida September 24th 2024 Florida A&M University September 25th, 2024 North Dakota State University September 25th 2024 Texas Southern Univeristy September 25th, 2024 University of Colorado Boulder September 25th, 2024 University of Colorado Denver September 25th 2024 University of Florida September 25th 2024 University of Minnesota ASCE Top Golf Event September 25th 2024 Texas State University -San Marcos September 26th, 2024 University of Texas at Tyler September 26th, 2024 University of Minnesota-Pro Day September 30th, 2024 2.Utilization Goals: Our progress towards meeting our utilization goals for minorities, women, and people with disabilities during the preceding months has included the following: •We’ve recruited, interviewed and hired qualified female individuals. •We’ve recruited, interviewed and hired qualified minority individuals. •We’ve recruited, interviewed and hired qualified persons with disabilities. 3.Adverse Impact Ratio Analyses: WSB & Associates, Inc.periodically conducts an analysis of its total employment process to determine whether and where impediments to equal employment opportunity may exist. We evaluate: A.Personnel activity: We have taken corrective action to remove any barriers to hiring or retaining women, minorities, or people with disabilities. B.Compensation system: We routinely review our compensation system, including rates of pay and bonuses, to determine whether there are gender, race, ethnicity, or disability-based disparities. If any disparities are identified, we take prompt action to resolve the disparity. In offering employment to individuals with disabilities, we will not reduce the amount of compensation offered because of any disability income, pension, or other benefit the applicant or employee receives from another source. WSB has been awarded a Certificate of Equal Pay by the Minnesota Department of Human Rights. EXAM P L E September 24th 2024 EXAM P L E September 24th 2024 September 25th, 2024 EXAM P L E September 25th, 2024 EXAM P L E September 25th 2024 EXAM P L E September 25th 2024 EXAM P L E EXAM P L E September 25th, 2024 EXAM P L E September 25th, 2024 EXAM P L E EXAM P L E EXAM P L E EXAM P L E University of Colorado Boulder EXAM P L E University of Colorado Boulder September 25th, 2024 EXAM P L E September 25th, 2024 EXAM P L E EXAM P L E EXAM P L E EXAM P L E University of Colorado Denver EXAM P L E University of Colorado Denver September 25th 2024 EXAM P L E September 25th 2024 EXAM P L E EXAM P L E EXAM P L E EXAM P L E University of FloridaEXAM P L E University of FloridaEXAM P L E University of Minnesota ASCE Top Golf EventEXAM P L E University of Minnesota ASCE Top Golf EventEXAM P L E Texas State University EXAM P L E Texas State University -EXAM P L E -San MarcosEXAM P L E San MarcosEXAM P L E University of Texas at TylerEXAM P L E University of Texas at TylerEXAM P L E University of MinnesotaEXAM P L E University of MinnesotaEXAM P L E EXAM P L E EEO R E P O R T EEO R E P O R T September 25th 2024 EEO R E P O R T September 25th 2024 EEO R E P O R T EEO R E P O R T EEO R E P O R T September 25th 2024 EEO R E P O R T September 25th 2024 EEO R E P O R T EEO R E P O R T EEO R E P O R T September 25th 2024 EEO R E P O R T September 25th 2024 EEO R E P O R T EEO R E P O R T EEO R E P O R T September 26th, 2024 EEO R E P O R T September 26th, 2024 EEO R E P O R T EEO R E P O R T September 26th, 2024 EEO R E P O R T September 26th, 2024 EEO R E P O R T EEO R E P O R T EEO R E P O R T EEO R E P O R T Pro Day EEO R E P O R T Pro Day September 30th, 2024 EEO R E P O R T September 30th, 2024 EEO R E P O R T EEO R E P O R T EEO R E P O R T EEO R E P O R T EEO R E P O R T EEO R E P O R T EEO R E P O R T Our progress towards meeting our utilization goals for minorities, women, and people with EEO R E P O R T Our progress towards meeting our utilization goals for minorities, women, and people with disabilities during the preceding months has included the following: EEO R E P O R T disabilities during the preceding months has included the following: •EEO R E P O R T •We’ve recruitedEEO R E P O R T We’ve recruited •EEO R E P O R T •We’ve recruitedEEO R E P O R T We’ve recruited •EEO R E P O R T •We’ve recruitedEEO R E P O R T We’ve recruited 73 C.Personnel procedures: We routinely review our personnel procedures and processes, including selection, recruitment, referral, transfers and promotions, and company-sponsored training programs or other activities to determine if all employees or applicants are fairly considered. D.Any other areas that might impact the success of our Affirmative Action Program: We continually analyze any other areas that may impact our success, such as accessibility of our facility to the available workforce, the attitude of our current workforce towards EEO, proper posting of our EEO policy and required governmental posters, proper notification of our subcontractors or vendors, and retention of records in accordance with applicable law. We take prompt action to remedy any problems in these areas through training of staff or other methods. EXAM P L E EEO R E P O R T 74 Diversity, Equity, and Inclusion |13Proposal for TH 55 Ottawa Watermain Relocation for the City of Golden Valley Introducing our future workforce. Opportunity+ was built to provide a pathway into the Architecture, Engineering and Construction (AEC) industry for traditionally underrepresented communities who might not have considered it. The intent of the program is to reduce and remove some of the barriers to a successful career in civil engineering. The program provides workplace readiness training, technical learning, �ield experience and on-going support in surveying and construction materials testing. At the end of the program, participants will be connected to hiring partners that will help launch their careers. Bene�its FREE College and training can be expensive. Opportunity+ is free. FAST-PACED TRAINING Four months to a career. Not many programs go from classroom to job that quickly. SUPPORTIVE NETWORK Program participants will build their networks, working closely with managers, technicians and employers throughout the industry. CLEAR CAREER PATHWAY Opportunities for growth exist in this industry. Many people on this career path can earn up to $70,000 annually. FLEXIBLE SCHEDULE Training will occur during evenings and weekends to allow for daytime �lexibility. RELEVANT TRAINING The program includes classroom, laboratory and �ield training. GREAT COMPENSATION On average, entry level surveyors and construction materials technicians earn $40,000 annually. COMPETITIVE BENEFITS Careers with our hiring partners include health, dental, retirement and many other bene�its. The Framework Opportunity+ combines classroom, laboratory and �ield training. Through the program, participants are off ered the training, skill building and networking needed to kick-start their career as a surveyor or construction materials technician in the civil engineering industry. Diversity, Equity, and Inclusion 75 Diversity, Equity, and Inclusion |14Proposal for TH 55 Ottawa Watermain Relocation for the City of Golden Valley The why behind the plus. We believe that a more diverse workforce will drive innovation for our �irm. Tapping into new sources of talent is incredibly important in today’s tight talent market. By removing education, transportation and communication barriers, we reach new talent. The communities we live and work in are far more diverse than our industry. We want to build a workforce that looks like the communities we serve. By investing in the future of our workforce, we are taking steps to create a more inclusive culture.BUILDING A DIVERSE WORKFORCE THROUGH A TECHNICAL CAREER PATHWAY. wsbeng.com/opportunity+opportunity@wsbeng.com Visit our website and contact us for more information: Diversity, Equity, and Inclusion 76 Diversity, Equity, and Inclusion |15Proposal for TH 55 Ottawa Watermain Relocation for the City of Golden Valley Introducing our future workforce. Opportunity+ was built to provide a pathway into the Architecture, Engineering and Construction (AEC) industry for traditionally underrepresented communities who might not have considered it. The intent of the program is to reduce and remove some of the barriers to a successful career in civil engineering. The program provides workplace readiness training, technical learning, �ield experience and on-going support in surveying and construction materials testing. At the end of the program, participants will be connected to hiring partners that will help launch their careers. Bene�its FREE College and training can be expensive. Opportunity+ is free. FAST-PACED TRAINING Four months to a career. Not many programs go from classroom to job that quickly. SUPPORTIVE NETWORK Program participants will build their networks, working closely with managers, technicians and employers throughout the industry. CLEAR CAREER PATHWAY Opportunities for growth exist in this industry. Many people on this career path can earn up to $70,000 annually. FLEXIBLE SCHEDULE Training will occur during evenings and weekends to allow for daytime �lexibility. RELEVANT TRAINING The program includes classroom, laboratory and �ield training. GREAT COMPENSATION On average, entry level surveyors and construction materials technicians earn $40,000 annually. COMPETITIVE BENEFITS Careers with our hiring partners include health, dental, retirement and many other bene�its. The Framework Opportunity+ combines classroom, laboratory and �ield training. Through the program, participants are off ered the training, skill building and networking needed to kick-start their career as a surveyor or construction materials technician in the civil engineering industry. Diversity, Equity, and Inclusion 77 EXHIBIT B LOCATION OF WORK 78 ???????????????????? ? !( !(!( !( !( !( !( !( !(!(!(!(!(!(!(!(!(!(!(!(!(!(!(") ") ") ") !(!(!(G!.G!. G!. G!. 202200102101100 610 4700 4708 S tat e Hw y 5 5Ottawa Ave NOlson Me m o ria l Hw y Fronta g e Rd State Hwy 55 0 70 14035Feetby the City of Golden Valley, 2025 I Base Bid City Watermain JWC Water Main ")Curb Stop Valve !(Gate Valve <12" !(Gate Valve in Manhole <12" !(Gate Valve in Manhole >=12" !(AirRelase Valve in Manhole Abandoned Sanitary Main ?City Gravity Sanitary Main ?MCES Forcemain !(Sanitary Manhole !(MCES Manhole Construction Limits 79 ???????????????????????????? ? ??????!( !( !( !(!( !( !( !( !( !(!( !( !( !( !(!( !( !( !( !( !(!(!(!(!(!(!(!(!(!(!(&É ")")")")")")")")")")")")")")")")")")")")")")")")")")")")")")")")")")")")")")")")")")")")")")")")")")")")")")")")")")")")")")")")")")")")")")")")")")")")")")")")")")")")")")")")")")")")")")")")")")")")")")")")")")") ") ") !(! G!. G!.G!. G!. G!. G!. G!. 987654321 99 98 97 828078777573717068666563616058565453514948464442 3332302928262524222120181715141210 250 204 150 200 110 100 105 104 103 102 101 100 4800 4825 4950 State Hwy 55 S c h a p e r R d Olson Memorial Hwy Frontage Rd Ottawa Ave NSt at e H w y 5 5 0 70 14035Feetby the City of Golden Valley, 2025 I Alternate 1 City Watermain JWC Water Main ")Curb Stop Valve !(Gate Valve <12" !(Gate Valve in Manhole <12" !(Gate Valve in Manhole >=12" &É Butterfly Valve in Manhole >=12" !PIV Abandoned Sanitary Main ?City Gravity Sanitary Main ?MCES Forcemain !(Abandoned !(Sanitary Manhole Construction Limits 80 ????????????? ??? ????????!( !( !( #* !( !( !( !( !( !( !( !( !( !( !(!(!(!(!(&É &É !(")")")")")")")")")")")")")")")")")")")")")")")")")")")")")")")")")")")")")")")")")")")")")")")")")")")")")")")")")")")")")")")")")")")")")")")")")")")")")")")")")")")")")")")")")")")")")")")")")")")")")")")")")")") ") !(G!. G!. G!. G!. 8583817977 353332312928272524 5101 4950 5111 State Hwy 55 S c h a p e r R d Olson Memorial Hwy Frontage Rd State Hwy 55 Olson Memorial Hwy Frontage Rd 0 70 14035Feetby the City of Golden Valley, 2025 I Alternate 2 City Watermain JWC Water Main ")Curb Stop Valve !(Gate Valve <12" !(Gate Valve in Manhole >=12" &É Butterfly Valve in Manhole >=12" Abandoned Sanitary Main ?City Gravity S anitary Main ?City Sanitary Forcemain ?MCES Forcemain !(Abandoned Sanitary Manhole !(Sanitary Manhole Construction Limits 81 EXHIBIT C FEE SCHEDULE 82 2025 Rate Schedule WSBENG.COM Billing Rate/Hour PRINCIPAL | ASSOCIATE $195 - $281 SR. PROJECT MANAGER | SR. PROJECT ENGINEER $195 - $251 PROJECT MANAGER $171 - $191 PROJECT ENGINEER | GRADUATE ENGINEER $115 - $190 PROJECT MANAGER ASSISTANT $95 - $155 ENGINEERING TECHNICIAN | ENGINEERING SPECIALIST $76 - $189 LANDSCAPE ARCHITECT | SR. LANDSCAPE ARCHITECT $86 - $182 ENVIRONMENTAL SCIENTIST | SR. ENVIRONMENTAL SCIENTIST $77 - $180 PLANNER | SR. PLANNER $89 - $188 GIS SPECIALIST | SR. GIS SPECIALIST $86 - $188 CONSTRUCTION OBSERVER $117 - $152 SURVEY Survey Office Technician $136 - $169 Drone Pilot $197 One-Person Crew $197 Two-Person Crew $265 OFFICE TECHNICIAN $67 - $147 Costs associated with word processing, cell phones, reproduction of common correspondence, and mailing are included in the above hourly rates. Vehicle mileage is included in our billing rates [excluding geotechnical and construction materials testing (CMT) service rates]. Mileage can be charged separately, if specifically outlined by contract. | Reimbursable expenses include costs associated with plan, specification, and report reproduction; permit fees; delivery costs; etc. | Multiple rates illustrate the varying levels of experience within each category. | Rate Schedule is adjusted annually. 83 EXECUTIVE SUMMARY Community Development 763-512-2345 / 763-512-2344 (fax) Golden Valley City Council Meeting March 18, 2025 Agenda Item 3D.5. Approve Professional Services Agreement with Bolton & Menk, Inc. for Engineering Services on 2025 Mill and Overlay Project No. 24-07 Prepared By Caleb Brolsma, Assistant City Engineer Michael Ryan, City Engineer Summary Staff have identified several roads with aging pavement that require a new pavement surface to extend infrastructure life. Exhibit B in the attached Professional Services Agreement outlines the proposed road segments, including portions of 10th Avenue North, Boone Avenue North, General Mills Boulevard, and Lewis Road. This project will entail performing a mill and overlay on these segments and making upgrades to sidewalk and pedestrian ramps, curb and gutter repairs, and utility repairs throughout the project are as identified by Streets and Utilities staff. Design is anticipated for spring 2025, with construction scheduled for summer and fall 2025. Staff propose entering into a Professional Services Agreement with Bolton & Menk, Incorporated for design, bidding, and construction inspection services. Financial or Budget Considerations The total cost for Bolton and Menk, Inc. to provide design, bidding, and construction services for the 2025 Mill and Overlay Project is $91,727.00. These costs are included in the 2025 Streets CIP Program (S-013) as a line item in the amount of $1,750,000.00. The construction costs associated with this project will be determined following the completion of design and bidding. Legal Considerations The City Attorney's office has reviewed and approved this agreement. Equity Considerations Staff solicited proposals for this project using an RFP. The RFP was evaluated by the City's Equity and Inclusion Manager and was sent to 6 consulting firms, including 3 consulting firms registered as Disadvantaged Business Enterprises (DBEs) with MNUCP. A DE&I section was included as part of the proposal submission requirements and was included in the proposal evaluation criteria. Recommended Action Motion to approve Professional Services Agreement with Bolton & Menk, Inc. for engineering services on 2025 Mill and Overlay Project No. 24-07. 84 Supporting Documents 2025 Mill and Overlay PSA with Bolton & Menk, Inc. 85 1 PROFESSIONAL SERVICES AGREEMENT (ENGINEERING SERVICES) THIS AGREEMENT is made this March 18, 2025 (“Effective Date”) by and between Bolton & Menk, Incorporated a Minnesota corporation with its principal office at 1960 Premier Drive, Mankato, MN 56001-5900 (“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 providing professional engineering consulting services. B. The City desires to hire Consultant to provide professional engineering services for the 2025 Mill and Overlay (Project #24-07). C. Consultant represents that it has the professional expertise and capabilities to provide the City with the requested professional 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 consulting services as described in the attached Exhibit A (the “Services”). Exhibit A shall be incorporated into this Agreement by reference. Services will be provided for a public improvement project in the area outlined in Exhibit B (“Location of Work”). All Services shall be provided in a manner consistent with the level of care and skill ordinarily exercised by professionals currently providing similar services. Consultant may reasonably rely on information and documents provided by or through the City. 2. Time for Completion. The Services shall be completed on or before December 31, 2025, provided that the parties may extend the stated deadline upon mutual written agreement. This Agreement shall remain in force and effect commencing from the effective date and continuing until the completion of the project, unless terminated by the City or amended pursuant to the Agreement. 3. Consideration. The City shall pay Consultant for the Services on an hourly basis and for necessary out-of-pocket expenses at the rates set forth in Consultant’s fee schedule, attached hereto as Exhibit C. Consultant’s total compensation for the Services, including hourly fees and expenses, shall not exceed $91,727.00. The consideration shall be for both the Services performed by Consultant and any and all expenses incurred by Consultant in performing the Services. The City shall make progress payments to Consultant on a monthly basis. Consultant shall submit statements to the City containing a detailed list of project labor and hours, rates, titles, and amounts undertaken by Consultant during the relevant billing period. The City shall pay Consultant within thirty-five (35) days after Consultant’s statements are submitted. 86 2 4. Approvals. Consultant shall secure the City’s written approval before making any expenditures, purchases, or commitments on the City’s behalf beyond those listed in the Services. The City’s approval may be provided via electronic mail. 5. Termination. Notwithstanding any other provision herein to the contrary, this Agreement may be terminated as follows: a. The parties, by mutual written agreement, may terminate this Agreement at any time; b. Consultant may terminate this Agreement in the event of a breach of the Agreement by the City upon providing thirty (30) days’ written notice to the City; c. The City may terminate this Agreement at any time at its option, for any reason or no reason at all; or d. The City may terminate this Agreement immediately upon Consultant’s failure to have in force any insurance required by this Agreement. In the event of a termination, the City shall pay Consultant for Services performed to the date of termination and for all costs or other expenses incurred prior to the date of termination. 6. Amendments. No amendments may be made to this Agreement except in a writing signed by both parties. 7. Remedies. In the event of a termination of this Agreement by the City because of a breach by Consultant, the City may complete the Services 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 Consultant shall not be exclusive. The City shall be entitled to exercise any one or more other legal or equitable remedies available because of Consultant’s breach. 8. 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 this Agreement 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. 9. 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; and costs, disbursements, and expenses of defending the same, including but not limited to reasonable attorneys’ fees, professional services, and other technical, administrative or professional assistance to the extent resulting from or arising out of Consultant’s (or its subcontractors, agents, volunteers, members, invitees, representatives, or employees) negligent 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 of liability to which the City is entitled. The parties agree that these indemnification obligations shall survive the completion or termination of this Agreement. 87 3 10. 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: A. Workers’ Compensation and Employers’ Liability 1. Coverage A: Per state statute 2. Coverage B: $500,000 each accident $500,000 Disease – policy limit $500,000 Disease – each employee B. Commercial General Liability 1. $2,000,000 General Aggregate 2. $2,000,000 Products—Completed Operations Aggregate 3. $1,000,000 Each Occurrence 4. $1,000,000 Personal Injury C. Commercial Automobile Liability 1. $1,000,000 Combined single limit bodily injury and property damage. The Commercial Automobile Liability shall provide coverage for the following automobiles: i. All owned automobiles ii. All non-owned automobiles iii. All hired automobiles D. Umbrella Liability 1. $10,000,000 Each claim 2. $10,000,000 Annual aggregate The umbrella liability shall provide excess limits for the commercial general liability policies. E. Professional and Pollution Incident Liability Professional liability insurance including pollution incident liability coverage with limits in an amount of not less than: 1. $5,000,000 per claim 2. $5,000,000 annual aggregate 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 this agreement. 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. 88 4 11. Assignment. 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 this Agreement without the prior written consent of the other except to the extent that the effect of this limitation may be restricted by law. Any assignment in violation of this provision is null and void. 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 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. 12. 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. 13. 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. 14. 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. If there is any conflict between this Agreement and Exhibits A or B, the terms of this Agreement shall prevail. 15. Third Party Rights. The parties to this Agreement do not intend to confer any rights under this Agreement on any third party. 16. 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 mediated with a mutually acceptable third-party neutral within 90 days of either party giving notice to the other of a dispute, controversy or claim. If such mediation is unsuccessful, the dispute, controversy, or claim shall be heard in the state or federal courts of Hennepin County, Minnesota, and all 89 5 parties to this Agreement waive any objection to the jurisdiction of these courts, whether based on convenience or otherwise. 17. Conflict of Interest. Consultant shall use reasonable care to avoid conflicts of interest and appearances of impropriety in its 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. 18. 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 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. Any reuse of the records, information, materials, or work product without written verification or adaptation by Consultant will be at the City’s sole risk and without liability or legal exposure to Consultant. 19. Agreement Not Exclusive. The City retains the right to hire other professional service providers for this or other matters, in the City’s sole discretion. 20. 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. 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. 21. No Discrimination. Consultant agrees not to discriminate in providing products and services under this Agreement on the basis of race, color, sex, creed, national origin, disability, age, sexual orientation, gender, gender identity, gender expression, status with regard to public assistance, or religion. Violation of any part of this provision may lead to immediate termination of this Agreement. Consultant agrees to comply with 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. Consultant agrees to hold harmless and indemnify the City from costs, including but not limited to damages, reasonable 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 90 6 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. 22. Authorized Agents. The City’s authorized agent for purposes of administration of this contract is Michael Ryan, City Engineer, or designee. Consultant’s authorized agent for purposes of administration of this contract is Craig Carter, or designee who shall perform or supervise the performance of all Services. 23. 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: CONSULTANT THE CITY Bolton & Menk, Inc. Eric Seaburg, PE 1960 Premier Drive Mankato, MN 56001-5900 Eric.Seaburg@bolton-menk.com City of Golden Valley Michael Ryan, PE, CPSWQ 7800 Golden Valley Road Golden Valley, MN 55427 mryan@goldenvalleymn.gov or such other contact information as either party may provide to the other by notice given in accordance with this provision. 24. 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. 25. 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. 26. Payment of Subcontractors. Consultant agrees that it must pay any subcontractor within 10 days of the Consultant’s receipt of payment from the City for undisputed Services provided by the subcontractor. Consultant agrees that it must pay interest of 1-1/2 percent 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 or more is $10. For an unpaid balance of less than $100, the Consultant shall pay the actual penalty due to the subcontractor. A subcontractor who prevails in a civil action to collect interest penalties from Consultant must be awarded its costs and disbursements, including attorneys’ fees, incurred in bringing the action. 27. 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. 28. 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. 91 7 29.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. 30.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. 31.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. CITY OF GOLDEN VALLEY: BOLTON & MENK, INC. By: _________________________________ Name: ______________________________ Title: _______________________________ By: _________________________________ Roslyn Harmon, Mayor By: _________________________________ Noah Schuchman, City Manager 92 8 EXHIBIT A SCOPE OF SERVICES 93 Submitted by: Bolton & Menk, Inc. 3507 High Point Drive North Bldg. 1 – Suite E130 Oakdale, MN 55128 Coleton Nelson, PE Eric Seaburg, PE Project Manager Principal C: (612) 430-5113 C: (763) 732-8751 Coleton.Nelson@Bolton-Menk.com Eric.Seaburg@Bolton-Menk.com 2025 Mill and Overlay Project City of Golden Valley February 10, 2025 94 3507 High Point Drive North Bldg. 1 – Suite E130 Oakdale, MN 55128 Phone: (651) 704-9970 Bolton-Menk.com February 10, 2025 Caleb Brolsma Assistant City Engineer City of Golden Valley 7800 Golden Valley Road Golden Valley, MN 55427 RE: 2025 Mill and Overlay Project Public Improvement Project 24-07 Dear Mr. Brolsma: The City of Golden Valley has initiated the 2025 Mill and Overlay Project to address aging street infrastructure of 10th Avenue, Lewis Road, Boone Avenue and General Mills Boulevard. This project will require strong collaboration with local businesses, Union Pacific Railroad, and MnDOT to ensure minimal impacts are caused during the construction of this project. Bolton & Menk takes pride in working with our local partners to design and build great projects. We believe all people should live in safe, sustainable, and beautiful communities. Our previous work with the City and our understanding of the City’s details and processes will be the backbone for success on this project to ensure all stakeholders are pleased with the improvements. Bolton & Menk provides assistance on pavement management projects to dozens of communities across the twin cities each year. References for a few of those communities include:  Chris LaBounty – Maple Gove Director of Public Works and Engineering – (763) 494-6350  Tony Kutzke – Woodbury City Engineer – (651) 714-3593  Brandon Anderson – Apple Valley City Engineer – (952) 953-2400  Mike Payne – Plymouth City Engineer/Deputy Public Works Director – (763) 509-5500  Phil Olson – Minnetonka City Engineer – (952) 939-8239  Eric Klingbeil – Hopkins City Engineer – (952) 548-6357  Ryan Burfeind – Cottage Grove Public Works Director – (651) 458-2899 Our staff at Bolton & Menk has a strong and extensive background in pavement management and ADA compliance projects that will allow us to get the project designed and bid efficiently and within the City’s schedule and budget. Coleton Nelson and Eric Seaburg have over 20 years of combined municipal engineering and project delivery experience. Resumes for Coleton and Eric are readily available should the City want to review them. Thank you for inviting Bolton & Menk to offer you this proposal, as well as your continued consideration of our services to the City of Golden Valley. We look forward to working with you and the City on this project. If you have any questions regarding our proposal, please do not hesitate to call us. Respectfully submitted, Bolton & Menk, Inc. Coleton Nelson, PE Eric Seaburg, PE Project Manager Principal C: 612-430-5113 C: 763-732-8751 Coleton.Nelson@Bolton-Menk.com Eric.Seaburg@Bolton-Menk.com 95 Submitted by Bolton & Menk, Inc. 2025 Mill and Overlay Project| City of Golden Valley 1 2025 Mill and Overlay Project City of Golden Valley PROJECT UNDERSTANDING Project Location & Proposed Scope:  The project involves the pavement rehabilitation of 10th Avenue, Boone Avenue, and Lewis Road with the pavement rehabilitation of General Mills Boulevard as a Bid Alternate.  Scope of improvements generally include: o 2” Bituminous mill and overlay o Pedestrian ramp and push button replacement to meet ADA standards o Spot curb and gutter and sidewalk panel replacement o Spot storm sewer repairs  The project is planned for 2025 construction. Project Funding Sources:  Local Funding  Special Assessments (not anticipated for this project)  Municipal State Aid Construction Funds (not anticipated for this project) PROJECT SCHEDULE Below is a proposed schedule for the project, subject to review and acceptance by City Staff. The schedule accounts for the following key processes and milestones for this project. PROPOSED SCOPE OF WORK The City of Golden Valley can expect our team to be fully committed to the success of this project. Our team has determined the following tasks are key components of the project. Task 1: Preliminary Design Bolton & Menk staff will perform a full topographic survey of each pedestrian ramp in the project area. The survey will include all visible features such as, but not limited to, curb lines, manholes, catch basins, valves, turf areas, power poles, private utility handholes and pedestals, etc. Horizontal control will be established based on Hennepin County Coordinates NAD 83, 1986 Adjustment. Vertical Control will be established based on City provided benchmarks. This information will be collected and subsequently drafted into the project survey base file. 96 Submitted by Bolton & Menk, Inc. 2025 Mill and Overlay Project | City of Golden Valley 2 2025 Mill and Overlay Project City of Golden Valley Bolton & Menk will also locate underground private utilities within the topographic survey limits. Field markings from a Gopher State One Call will be coordinated by Bolton & Menk. The field markings will be collected using GPS based survey instrumentation and drafted into the project survey base file. Bolton & Menk will search for additional property boundary monumentation and establish right of way locations in the project area in the project survey base file. Bolton & Menk will review applicable documents, including the appropriate plats and any other easement information identified through the design process, in determination of the ROW limits. Two owner and encumbrance reports will be secured and reviewed by Bolton & Menk, with the associated property boundary information incorporated into the project survey base file mapping. Bolton & Menk will review the curb and gutter, catch basin, and manhole condition assessments provided by the city to better understand the necessary rehabilitation or replacement for those assets. The project team will also review each pedestrian ramp, APS, and sidewalk along the project corridor for compliance with ADA standards. A figure noting the existing conditions and recommended improvements will be provided to the City for review and discussion. We will contract with AET to complete the necessary geotechnical field work and design report for this project. Bolton & Menk staff will review and apply the geotechnical recommendations in the project design, and coordinate with AET during development of the project typical sections and construction specifications as necessary. Bolton & Menk will begin coordination with private utility owners, Union Pacific Railroad, and MnDOT early on to ensure constant communication is happening as project design progresses leading up to construction. Task 2: Final Design & Bidding Task 2.1: 60% Plans & Estimate Bolton & Menk will produce 60% construction plans for City review. The 60% plans will be completed to City of Golden Valley standards and will include the following: 1. Title sheet, legend sheet, construction details, and typical sections 2. Existing conditions / removals plans 3. Construction plan sheets for all streets and pedestrian ramps in the project area 4. Utility plan sheets for areas of storm sewer improvements 5. Traffic control and detour plan sheets Bassett Creek Watershed rules and requirements have been reviewed; the anticipated improvements will not trigger water quality or rate control requirements. Appropriate erosion and sediment control practices will be noted on the plan sheets. Task 2.2: 90% Plans, Estimate, & Specifications Our team will produce 90% construction plans and an accompanying project cost estimate for City review. The 90% plans will be completed to City of Golden Valley standards and will include all 60% plan sheets updated to a 90% level of completion. A draft project manual will be produced in conjunction with the 90% plan set. Task 2.3: 100% Plans, Estimate, & Specifications Following City 90% review, the plans will be updated based on city comments and Bolton & Menk QA/QC. A 100% complete plan set will be prepared and readied for bidding by contractors. Task 2.4: Permitting Bolton and Menk will apply and pay the required fees for the following permits which are anticipated: 1. Union Pacific Railroad 2. MnDOT ROW Permit 97 Submitted by Bolton & Menk, Inc. 2025 Mill and Overlay Project | City of Golden Valley 3 2025 Mill and Overlay Project City of Golden Valley Task 2.5: Bidding, Contractor Questions, & Revisions We will place the bidding documents on QuestCDN and facilitate an online bid opening for the project. During the time the project is being advertised, Bolton & Menk staff will field bidder questions, make revisions if necessary, and issue necessary addenda prior to the opening of bids. Following the bid opening, we will compile the bids received in a tabulation and abstract and make recommendation to the City regarding the bid award. Task 3: Construction Services Task 3.1: Pre-Construction The Project Manager will provide overall construction administration from pre-construction to project closeout. This will include review of all project submittals, continued coordination with private utility companies, and coordinating pre- construction meetings with all stakeholders, City staff, and the awarded contractor. Task 3.2: Construction Bolton & Menk will provide a Residential Project Representative (RPR) to be on site full-time during the various stages of construction in order to observe and review the quality of work as an experienced and qualified design professional. All of our RPRs are MnDOT certified and have extensive training and experience. The RPR will perform the following tasks:  Provide day-to-day construction observation and coordination between contractor, City, and other stakeholders  Maintain daily construction logs and documentation of pay items  Coordinate and document materials testing requirements and material certifications  Coordinate construction staking from the Bolton & Menk survey group  Work with City and contractor to prepare monthly pay requests During construction, the Project Manager will handle contract administration (change order & field order preparation as necessary), attend weekly progress meetings, and provide design guidance as required. Task 3.3: Project Closeout Upon completion of the final punch list, a letter of final acceptance will be prepared. Survey staff will collect survey- accurate facility data which will be transferred to a set of Record Plan drawings. PROPOSED FEES A detailed cost breakdown including hours is shown in the below Detailed Cost Estimate. Our total proposed hourly not- to-exceed fee for this project is $91,727. With our fee estimation, we have ensured adequate hours are included so that we can provide high quality service to the city. If requested, we are happy to review our assumptions and consider changes to reflect the needs of the city. 98 Submitted by Bolton & Menk, Inc. 2025 Mill and Overlay Project | City of Golden Valley 4 2025 Mill and Overlay Project City of Golden Valley DIVERSITY, EQUITY, AND INCLUSION Bolton & Menk recognizes the role infrastructure plays in promoting and ensuring equity. From small towns to metropolitan areas, infrastructure plays a major role in people’s quality of life. Everyone has different circumstances and needs. As a result, different people need different resources and opportunities to thrive. Equitable and inclusive infrastructure design is community focused and considers what features stakeholders in each community need to thrive. We believe all people should live in safe, sustainable, and beautiful communities. When we say all people, we mean everyone – including people from all cultures, identities, and backgrounds. When it comes to public infrastructure, respecting stakeholders and listening to their perspectives is vital to creating solutions that work. Bolton & Menk is committed to ensuring equity and inclusion are considered in both our public process and our design solutions. Client service has been one of our top priorities since 1949; it remains so today. We make it our business to understand the needs of people directly affected by the infrastructure we plan and design. We take our responsibility to create positive change seriously. Bolton & Menk’s Community-Centered Design Guide provides an equitable and inclusive framework for Bolton & Menk’s approach to projects – from kickoff to completion. Each section offers different tools and strategies to help guide projects toward community-focused and equitable results.  Context Setting: Understand the physical, economic, and social environment of the project.  Process: Identify the people impacted by the project and the most effective engagement strategies.  Engage & Design: Determine community needs through an inclusive engagement process. Plan, design, and implement the project to advance these needs.  Accountability & Tracking: Establish project goals that serve all stakeholders and guide decision-making. This guide is not an “all or nothing” strategy, and we recognize that each community has different needs and goals. Instead, this guide provides a consistent framework for project delivery from context setting to tracking – no matter the project. Our goal of equitable design solutions remains the same: shape the physical environment to connect people with what they need to thrive. 99 EXHIBIT B LOCATION OF WORK 100 BassettC r e e k BassettC reekPond B Pond C Pond O Pond J HaroldPond 10th AvePond Pond M Union Pacific Railroad Golden OaksPark Brookview Park General Mills NaturePreserve BooneOpenSpace LibraryHill O p e n S p a c e OrklaOpenSpacePlymouth Avenue Æÿ55GoldenValleyRd 10th Ave N State Hwy 55 Pl y m o u t h Av e N Winnetka Ave NMendelssohn Ave NBoone Ave NDecatur Ave NGolden Val le y Rd Harold Ave Wisconsin Ave N7th Ave N Lewis Rd Wally St General Mills BlvdEnsign Ave NG o ld e n V a lle y D rS ta t e H w y 5 5US Hwy 169Harold Ave 0 600 1,200300Feetby the City of Golden Valley, 2024 I 2025 Overlay Base Bid Alternate A 101 EXHIBIT C FEE SCHEDULE 102 Submitted by Bolton & Menk, Inc. The following fee schedule is based upon competent, responsible professional services and is the minimum, below which adequate professional standards cannot be maintained. It is, therefore, to the advantage of both the professional and the client that fees be commensurate with the service rendered. Charges are based on hours spent at hourly rates in effect for the individuals performing the work. The hourly rates for principals and members of the staff vary according to skill and experience. The current specific billing rate for any individual can be provided upon request. The fee schedule shall apply for the period through December 31, 2025. These rates may be adjusted annually thereafter to account for changed labor costs, inflation, or changed overhead conditions. These rates include labor, general business, and other normal and customary expenses associated with operating a professional business. For projects with typical expenses and unless otherwise agreed, the above rates include vehicle and personal expenses, mileage, telephone, survey stakes, and routine expendable supplies; no separate charges will be made for these activities and materials. Expenses beyond typical project expenses, non-routine expenses, and expenses beyond the agreed scope of services, such as out of town travel expenses, long travel distances, large quantities of prints, extra report copies, outsourced graphics and photographic reproductions, document recording fees, outside professional and technical assistance, and other items of this general nature will be invoiced separately. Rates and charges do not include sales tax, if applicable.1 No separate charges will be made for GPS or robotic total stations on Bolton & Menk, Inc. survey assignments; the cost of this equipment is included in the rates for survey technicians. *Specialized role not classified above otherwise. **Highly specialized and industry expertise unique to the market or area of discipline. Employee Classification 2025 Hourly Billing Graduate Engineer $125-185 Design Engineer $125-196 Project Engineer $145-215 Senior Project Engineer $160-215 Project Manager $135-240 Senior Project Manager $188-273 Architect $186-267 Planner $125-168 Senior Planner $170-228 Landscape Designer $98-196 Landscape Architect $148-176 Senior Landscape Architect $160-268 Survey Technician1 $90-196 Graduate Surveyor $122-190 Licensed Project Surveyor $180-225 Technician $75-182 Senior Technician $125-212 Administrative/Corporate Specialists $68-175 Specialist*$100-230 Practice Expert**$145-363 Principal**$175-316 Senior Principal**$218-333 GPS/Robotic Survey Equipment1 NO CHARGE CAD/Computer Usage NO CHARGE Routine Office Supplies NO CHARGE Routine Photo Copying/Reproduction NO CHARGE Field Supplies/Survey Stakes & Equipment NO CHARGE Mileage NO CHARGE 2025 SCHEDULE OF FEES 103 EXECUTIVE SUMMARY Administrative Services 763-512-2345 / 763-512-2344 (fax) Golden Valley City Council Meeting March 18, 2025 Agenda Item 3D.6. Approve Professional Services Agreement with Restorative Justice Practice, LLC Prepared By Seth Kaempfer, Equity and Inclusion Manager Summary The City of Golden Valley is one of four cities who received a Reducing Harm Through Collaborative Solutions grant from the Pohlad Family Foundation. The City, including its public safety leadership, have committed to providing public safety through an equity lens that is inclusive and community centered. One of the pillars of the grant agreement is to provide tailored educational opportunities on restorative practices for Public Safety personnel and community. In November 2024, the City issued a Request for Proposals to hire a consultant to provide restorative practices training and consulting. The City requested that the applicants consider collaborative, interactive, and engaging training that incorporates a focus on trauma-informed self-care and healing response models, restorative approaches, and community healing engagement. The purpose is to train public safety personnel and community to engage in more culturally and racially responsive ways, and to enhance the connection between Public Safety and the community. The project team for this initiative includes Assistant Fire Chief, Dom Guzman, Assistant Police Chief, Rudy Perez, Equity and Inclusion Manager, Seth Kaempfer, and Deputy City Manager, Kirsten Santelices. The City was fortunate to receive a number of proposals and the project team and Mayor Harmon interviewed applicants and selected Restorative Justice Practice, LLC. Restorative Justice Practice (RFP) focuses on holistic culture and relationship building, conflict transformation education and facilitation, asset-based community development, and mindfulness-based strategies to advance equity. The project team looks forward to collaborating with RJP to design and deliver training and consulting that is dynamic and connects with named outcomes of the activity and the overall objectives of the grant. Financial or Budget Considerations $30,000 is funded through the Pohlad Family Foundation's Reducing Harm through Collaborative Solutions grant. 104 Legal Considerations This agreement was reviewed and approved by the City's Legal Department. Equity Considerations The City staff created and executed a request for proposals process in alignment with operationalizing equity as well as the intent and projected impact of this work seeks to center restorative practices with how Public Safety provides support to one another and those they serve so that impact ultimately creates more inclusion and equity. Recommended Action Motion to approve Professional Services Agreement with Restorative Justice Practice, LLC for restorative justice training and consulting. Supporting Documents Professional_Services_Agreement_with_Restorative_Justice_Practices__RJP 105 1 PROFESSIONAL SERVICES AGREEMENT FOR ______________RESTORATIVE PRACTICES TRAINING AND CONSULTING________________ THIS AGREEMENT is made this March 18, 2025 (“Effective Date”) by and between Restorative JusticePractice, a Colorado limited liability company with its principal office located at 1525 Red Mountain Dr., Longmont, CO80504(“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 providing restorative practices training and consulting services. B. The City desires to hire Contractor to provide restorative practices training for public safety personnel, members of the Police Employment Accountability and Community Engagement (PEACE) Commission, and community and consultants who collaborate with the City to provide comprehensive public safety service and provide general restorative practice consulting services. C. Contractor represents that it has the professional expertise and capabilities to provide the City with the requested services. D. The City desires to engage Contractor to provide the services described in this Agreement and Contractor 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 Contractor agree as follows: AGREEMENT 1.Services.Contractor agrees to providethe City with the services as described in the attached Exhibit A (the “Services”). Exhibit A shall be incorporated into this Agreement by reference. All Services shall be provided in a manner consistent with the level of care and skill ordinarily exercised by professionals currently providing similar services. 2.Time for Completion.The Services shall be completed on or before July 30, 2025, provided that the parties may extend the stated deadlines upon mutual written agreement. This Agreement shall remain in force and effect commencing from the Effective Date and continuing until the completion of the project, unless terminated by the City or amended pursuant to the Agreement. 3.Consideration.The City shall pay Contractor for the Services according to the terms on the attached Exhibit A, in an amount not to exceed $30,000.00. The consideration shall be for both the Services performed by Contractorand any expenses incurred by Contractor in performing the Services. Contractor shall submit statements to the City upon completion of the Services. The City shall pay Contractor within thirty-five (35) days after Contractor’s statements are submitted. 106 2 4.Termination.Notwithstanding any other provision herein to the contrary, this Agreement may be terminated as follows: a. The parties, by mutual written agreement, may terminate this Agreement at any time; 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 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.Remedies.In the event of a termination of this Agreement by the City because of a breach by Contractor, the City may complete the Services 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. 7.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.Contractorshall 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. 8.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; 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 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 of liability to which the City is entitled. The parties agree that these indemnification obligations shall survive the completion or termination of this Agreement. 9.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: 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 107 3 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, Contractor may use a combination of Excess and Umbrella coverage. Contractor shall provide the City with a current certificate of insurance including the following language: “The City of Golden Valleyis 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 amendedunless 30 days’written notice is provided to the City, or 10 days’written notice in the case of non-payment. 10.Subcontracting.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 Contractors, 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. 11.Assignment.NeithertheCity nor Contractorshall 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. 12.Independent Contractor.Contractor is an independent contractor. Contractor’s duties shall be performed with the understanding that Contractor has special expertise as to the services which Contractor is to perform and is customarily engaged in the independent performance of the same or similar services for others.Contractor shall provide or contract for all required equipment and personnel. Contractor 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. 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 services 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. 13.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 date Contractor agrees to provide the Services. Contractor’s guests, invitees, members, officers, officials, agents, employees, volunteers, representatives, and subcontractors shall abide by the City’s policies prohibiting sexual harassment andtobacco, drug, and alcohol use as definedon 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. 108 4 14.Entire Agreement.This Agreement, any attached exhibits, and any addendasigned by the parties shall constitute the entire agreement between the City and Contractor, and supersedes any other written or oral agreements between the City and Contractor. This Agreement may only be modified in a writing signed by the City and Contractor. If there is any conflict between the terms of this Agreement and the referenced or attached items, the terms of this Agreement shall prevail. 15.Third Party Rights.The parties to this Agreement do not intend to confer any rights under this Agreement on any third party. 16.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. 17.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 Services. 18.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 reports prepared or developed in connection with the provision of the Services pursuant to this Agreement shall become the property of the City, but Contractor may retain reproductions of such records, information, materials and work product. Regardless of when such information was provided or created, 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. Notwithstanding the foregoing, nothing in this Agreement shall grant or transfer any rights, title or interests in any intellectual property created by Contractor prior to the effective date of this Agreement; however, to the extent Contractor generates reports or recommendations for the City using proprietary processes or formulas, Contractor 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 methodologyused. All of the obligations in this paragraph shall survive the completion or termination of this Agreement. 19.Agreement Not Exclusive.The City retains the right to hire other professional Contractor service providers for this or other matters, in the City’s sole discretion. 20.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. 109 5 21.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: 21.1 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. 21.2 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. 21.3 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. 22.No Discrimination.Contractor agrees not to discriminate in providing products and services under this Agreement on the basis of race, color, sex, creed, national origin, disability, age, sexual orientation, gender, gender identity, gender expression, status with regard to public assistance, or religion. Violation of any part of this provision may lead to immediate termination of this Agreement. Contractor 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, 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 Contractoror its guests, invitees, members, officers, officials, agents, employees, volunteers, representatives and subcontractors. Upon request, Contractorshall provide accommodation to allow individuals with disabilities to participate in all Services 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. 23.Authorized Agents.The City’s authorized agent for purposes of administration of this contract is Seth Kaempfer, the Equity and Inclusion Manager of the City, or designee. Contractor’s authorized agent for purposes of administration of this contract is Erica Lee, or designee who shall perform or supervise the performance of all Services. 24.Notices.Any notices permitted or required by this Agreement shall be deemed given when personally delivered or upon deposit in the United States mail, postage fully prepaid, certified, return receipt requested, addressed to: CONTRACTOR THE CITY Erica Lee Founder and Lead Consultant Restorative Justice Practice, LLC 1525 Red Mountain Dr. Seth Kaempfer City of Golden Valley 7800 Golden Valley Road Golden Valley, MN 55427 110 6 Longmont, CO 80504 erica@rjpractice.com skaempfer@goldenvalleymn.gov or such other contact information as either party may provide to the other by notice given in accordance with this provision. 25.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. 26.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. 27.Payment of Subcontractors.Contractor agrees that it must pay any subcontractor within 10 days of the prime contractor’s receipt of payment from the City for undisputed Services provided by the subcontractor. Contractor agrees that it must pay interest of 1-1/2 percent 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 or more is $10. For an unpaid balance of less than $100, the prime contractor shall pay the actual penalty due to the subcontractor. A subcontractor who prevails in a civil action to collect interest penalties from a prime contractor must be awarded its costs and disbursements, including attorneys’ fees, incurred in bringing the action. 28.Publicity.At the City’s request,theCity and Contractorshall develop language to use when discussing the Services. Contractor agrees that Contractor shall not release any publicity regarding the Services or the subject matter of this Agreement without prior consent from the City. Contractor shall not use the City’s logo or state that the City endorses its services without the City’s advanced written approval. 29.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. 30.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. 31.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. 32.Recitals.The City and Contractor agree that the Recitals are true and correct and are fully incorporated into this Agreement. 111 7 [Remainder of page left blank intentionally.Signature page follows.] 112 8 IN WITNESS WHEREOF,the City and Contractor have caused this Professional Services Agreement to be executed by their duly authorized representatives in duplicate on the respective dates indicated below. RESTORATIVE JUSTICE PRACTICE LLC:CITY OF GOLDEN VALLEY: By: _________________________________ Name: Erica Lee Title: Founder and Lead Consultant of Restorative Justice Practice, LLC By: _________________________________ Roslyn Harmon, Mayor By: _________________________________ Noah Schuchman, City Manager 113 EXHIBIT A SCOPE OF SERVICES AND FEE SCHEDULE Scope of Work Timeline Timelines reflected below may be adjusted by written mutual agreement. Milestone Payments Consultants shall invoice for completion of deliverables and the City shall make payments in accordance with paragraph 3 “Considerations” of this Agreement. Total payments for services rendered shall not exceed $30,000. Ongoing Work Throughout the scope of the project, RJP will keep in communication with the City Project lead, perform regular assessments and analyze trends to inform the monthly training designs. Deliverables: Analyze trends and indicators to inform core team and monthly design. Establish and use a coding structure that can be used to assess qualitative and quantitative data gathered through assessment and evaluations Continued communication about the framework and structure of assessment and evaluation to participants. Framework for these elements communicated in live Zoom call, recorded to support participants understanding of how success will be measured and sustained. Start before or by March 21st, 2025 and end by June 30th, 2025 Conduct Kick-Off Meeting Deliverables: Host a kick-off meeting with project team to confirm scope, timelines, and logistics. Create a communications plan to include: o Overview of Restorative Justice Practice “RJP” Start before or by March 21st, 2025 and end by April 4th, 2025 Payment of $3,000 upon completion of all the following: 1. Kick-Off meeting 2. Receipt of training scope, dates, and communications plan. 114 o Training goals o Schedule/timeline; and o Baseline RJP assessment (with waiver as appropriate) o Define stakeholder groups, including “core team” members. Complete travel logistics/accommodation booking Community Stakeholder Engagement Deliverables: Conduct minimum of 10 (up to 20) one-on-one stakeholder conversations. Host minimum of three focus groups to gather diverse perspectives, particularly from historically underserved communities. Conduct minimum of 10, up to 20, interviews with public safety personnel, PEACE Commission members, and community representatives. Provide real-time learning opportunities for stakeholders to apply conflict transformation strategies. Identify and prioritize active conflicts within community. Develop a "Community Needs Report” highlighting restorative culture indicators and challenges. Start before or by April 1 st, 2025 and end by April 30 st, 2025 Payment of $2,750 upon completion of all of the following: 1. Minimum of 10, up to 20, stakeholder one-on-one meetings. 2. Minimum of 10, up to 20, interviews with public safety. personnel and PEACE Commission Payment of $2,750 upon completion of all of the following: 1. Host minimum of 3 focus groups 2. Receipt of “Community Needs Report” that highlights cultural indicators, challenges, and updated training scope. Orientation Conduct at minimum at least one (up to three) orientation session with public safety personnel, City staff, members of the Police Employment Accountability and Community Engagement (PEACE) Commission, and community. Duration and delivery model determined during Kick-Off Meeting. Deliverables: An orientation presentation that includes at a minimum: Start before or by April 1 st, 2025 and end by April 30st, 2025 Payment of $3,000 upon completion of all of the following: 1. Minimum of one, up to three, orientations. 2. “Orientation Summary Report” with key insight and next steps. 3. Delivery of pre-assessment to all trainees. 115 o Overview of restorative practices tailored to diverse perspectives. Delivery of pre-assessment tool Compile and deliver an “Orientation Summary Report” including key insights and next steps. Stakeholder Relationship Building Workshop Conduct at minimum at least one (up to 3) in- person workshop with public safety personnel, City staff, members of the PEACE Commission, and community. Duration and delivery method will be determined during Kick-Off Meeting. Workshop shall include: Exercises focused on relationship- building and equity-focused practices, core restorative principles, and approaches to fostering community trust. Foundational restorative practices and relevance to public safety and community roles. Facilitate experiential activities such as circle practice to build relationships and trust. Q&A and group coaching. Deliverables: Provide interactive workshops, duration determined during Kick-Off Meeting. Workshop includes team-building exercises for all relevant stakeholders. Provide “Workshop Summary Report” with key insights and next steps. Start before or by April 1 st, 2025 and end by May 31 st, 2025 Payment of $3,000 upon completion of all of the following: 1. Minimum of one, up to 3, workshop for all relevant stakeholders 2. “Workshop Summary Report” with key insights and next steps. Core Team Training Train “core team” to facilitate restorative practices tailored to specific roles within public safety, the City, and the community. Duration and delivery model determined during Kick-Off Meeting. Start before or by April 1 st, 2025 and end by May 31st, 2025 Payment of $2,500 upon completion of all of the following: 1. Deliver training program for the core team. 116 Training shall include: Modules on restorative topics, nonviolent communication, restorative leadership, and trauma-informed practices. Q&A and individual coaching Deliverables: Conduct multi-month training program covering restorative practices. Individualized training plans for each team member. Incorporate cultural empathy, mindfulness, and self-reflection practices. Provide coaching and support for skill- building. 2.Individual training plan for each team member. Monthly Online Trainings Conduct online trainings for public safety personnel, City staff, and members of the PEACE Commission. Duration and delivery model determined at Kick-Off Meeting. Trainings shall include: Modules on circle practices, restorative meetings, power-conscious communication, and mindfulness techniques. Q&A and coaching opportunities. Deliverables: Virtual training modules on restorative topics. Facilitate scenario-based exercises, circle practices such as restorative conversations and trauma-informed care. Offer coaching and office hours to address challenges and enhance skills. Provide resources for self-paced learning and skill development. Post-training assessment. Start before or by April 1 st, 2025 and end by June 30 th, 2025 Payment of $3,500 upon completion of the following: 1. Completed monthly trainings, as agreed upon during kick off meeting. 2. Provide resources for self-paced learning and skill development. 3. Ensure post-assessments are delivered. 117 Assessment and Evaluation Deliverables: “Training Impact Report” that includes at a minimum: o Pre- and post-assessment data analysis for participants o Summary of training impact and areas for growth o Recommendations for future restorative initiatives o Disaggregated data, analyzed to assess the impact on marginalized groups Start before or by June 1st, 2025 and end by June 30th, 2025 Payment of $2,375 upon completion of all of the following: 1. Deliver draft “Training Impact Report” that includes at a minimum: a. Pre- and post-assessment data analysis for participants b. Summary of training impact and areas for growth c. Recommendations for future restorative initiatives Payment of $2,375 upon completion of the all of the following: 1. Deliver final “Training Impact Report” to project team that includes project team feedback. Sustainability Planning Ensure long-term integration of restorative practices within City and community systems by developing a plan and tools. Deliverables: Develop a long-term sustainability plan and measurement tools to guide future restorative practice efforts Host a minimum closing ceremony/circle with “Project Team” and stakeholders to review final report, discuss recommendations and next steps and celebrate progress and ongoing journey. Design a roadmap for sustained restorative practices with stakeholders. Start before or by June 1st, 2025 and end by June 30th, 2025 Payment of $2,375 upon completion of all of the following: 1. Deliver draft part one of “Sustainability Report” to project team that includes at a minimum: a. Identification of local resources and leaders to support restorative work b. Qualitative and quantitative data based on community feedback c. A community asset map to guide future restorative practice efforts. d. An overview of the participatory research conducted throughout the course of the project. Payment of $2,375 upon completion of all of the following: 118 1. Host a minimum of one feedback session with “Project Team” to refine strategies. 2. Deliver final “Sustainability Report” to project team that includes project team feedback. 119 EXECUTIVE SUMMARY Community Development 763-512-2345 / 763-512-2344 (fax) Golden Valley City Council Meeting March 18, 2025 Agenda Item 3D.7. Adopt Resolution No. 25-022 Approving State of Minnesota Department of Transportation and City of Golden Valley Cooperative Construction Agreement No. 1058427 and Authorizing its Execution Prepared By Michael Ryan, City Engineer Summary Minnesota Department of Transportation (MnDOT) is leading the design and construction of grading, bituminous mill surfacing, ADA improvements, signal lighting, bridge-related construction, and associated construction at TH-169 and Betty Crocker Drive. Through a cooperative construction agreement with MnDOT, the City of Golden Valley will participate in construction inspection and long- term maintenance of various project improvements along Betty Crocker Drive, within City limits as described in Agreement No. 1058427. Financial or Budget Considerations Funding for the City's shared-use trail maintenance responsibilities is provided by the Streets Division (037) under the Snow and Ice Control Program (1448). Public utility maintenance is provided by Water and Sewer Utility Fund (7120) and Storm Water Utility Fund (7300). Cost participation for construction of the signal system and related construction is estimated at $164,200.11, which is included as a line item in the approved Capital Improvement Plan. Legal Considerations The City Attorney has reviewed Agreement No. 1058427 and the associated Resolution. Equity Considerations The City’s work to participate in cooperative construction efforts with MnDOT for the construction of State Project No. 2772-132 is consistent with the unbiased programs and services pillar of the City’s Equity Plan. This project located along and adjacent to Trunk Highway No. 169 was planned and designed without bias, advancing multi-modal transportation and traffic safety goals for all ages and abilities. Coordinated outreach and communication will be performed between partner agencies, using inclusive engagement methods to reach more communities. Recommended Action Motion to adopt Resolution No. 25-022 approving State of Minnesota Department of Transportation and City of Golden Valley Cooperative Construction Agreement No. 1058427 and authorizing its execution. 120 Supporting Documents Cooperative Construction Agreement 1058427 Resolution No. 25-022 - Approving Cooperative Construction Agreement No. 1058427 - City of Golden Valley and MnDOT 121 MnDOT Contract No.: 1058427 -1- Receivable Standard with Signal (Cooperative Agreements) STATE OF MINNESOTA DEPARTMENT OF TRANSPORTATION AND CITY OF GOLDEN VALLEY COOPERATIVE CONSTRUCTION AGREEMENT State Project Number (SP): 2772-132 Trunk Highway Number (TH): 169=383 State Aid Project Number (SAP): 128-387-003 State Aid Project Number: 155-177-002 State Aid Project Number: 163-295-006 Federal Project Number: NHPP 0169(360) Signal System B ID: 1735710 Estimated Amount Receivable $164,200.11 This Agreement is between the State of Minnesota, acting through its Commissioner of Transportation ("State") and the City of Golden Valley, acting through its City Council ("City"). Recitals 1. The State will perform grading, bituminous mill and surfacing, moment slab, ADA improvements, signal, lighting, TMS, and Bridge No. 27526 construction and other associated construction upon, along, and adjacent to Trunk Highway No. 169 at Shelard Parkway/Betty Crocker Drive according to State-prepared plans, specifications, and special provisions designated by the State and the City as State Aid Project No. 128-387-003 and by the State as State Project No. 2772-132 (TH 169=383) ("Project"); and 2. The City agrees to participate in the costs of the signal system construction and associated construction engineering as the signal system serves both the State’s trunk highway system and the City’s local roadway system; and 3. Agreement No. 1058426 between the State and the City of Plymouth and Agreement No. 1058430 between the State and the City of St. Louis Park will address additional cost participation and maintenance on the Project; and 4. Minnesota Statutes § 161.20, subdivision 2 authorizes the Commissioner of Transportation to make arrangements with and cooperate with any governmental authority for the purposes of constructing, maintaining, and improving the trunk highway system. Agreement 1. Term of Agreement; Survival of Terms; Plans; Incorporation of Exhibits 1.1. Effective Date. This Agreement will be effective on the date the State obtains all signatures required by Minnesota Statutes § 16C.05, subdivision 2. 1.2. Expiration Date. This Agreement will expire when all obligations have been satisfactorily fulfilled. 1.3. Survival of Terms. All clauses which impose obligations continuing in their nature and which must survive in order to give effect to their meaning will survive the expiration or termination of this Agreement, including, without limitation, the following clauses: 3. Right of Way Access, Environmental; 4. Maintenance by the City; 10. Liability; Worker Compensation Claims; 12. State Audits; 13. Government Data Practices; 122 MnDOT Contract No.: 1058427 -2- Receivable Standard with Signal (Cooperative Agreements) 14. Governing Law; Jurisdiction; Venue; and 16. Force Majeure. The terms and conditions set forth in Article 5. Signal System and Emergency Vehicle Preemption System Operation and Maintenance will survive the expiration of this Agreement, but may be terminated by another Agreement between the parties. 1.4. Plans, Specifications, and Special Provisions. Plans, specifications, and special provisions designated by the State as State Project No. 2772-132 (TH 169=383) are on file in the office of the Commissioner of Transportation at St. Paul, Minnesota, and incorporated into this Agreement by reference ("Project Plans"). 1.5. Exhibits. Preliminary Schedule "I" is on file in the office of the City Engineer and attached and incorporated into this Agreement. Exhibit A – Drainage Responsibilities is attached and incorporated into this Agreement. 2. Construction by the State 2.1. Contract Award. The State will advertise for bids and award a construction contract to the lowest responsible bidder according to the Project Plans. 2.2. Direction, Supervision, and Inspection of Construction. A. Supervision and Inspection by the State. The State will direct and supervise all construction activities performed under the construction contract, and perform all construction engineering and inspection functions in connection with the contract construction. All contract construction will be performed according to the Project Plans. B. Inspection by the City. The City participation construction covered under this Agreement will be open to inspection by the City. If the City believes the City participation construction covered under this Agreement has not been properly performed or that the construction is defective, the City will inform the State District Engineer's authorized representative in writing of those defects. Any recommendations made by the City are not binding on the State. The State will have the exclusive right to determine whether the State's contractor has satisfactorily performed the City participation construction covered under this Agreement. 2.3. Plan Changes, Additional Construction, Etc. A. Subject to the approval provisions of this Section 2.3.A., the City agrees that the State may make changes in the Project Plans and contract construction that are reasonably necessary to cause the contract construction to be in all things performed and completed in a satisfactory manner. Except in cases of emergency, to ensure safety, or to comply with environmental laws and regulations, the City shall have the right to review and approve any material changes to Project Plans and specifications related to the City's infrastructure or cost participation prior to the work being performed. The City shall respond to the State’s request for approval, which the City shall not unreasonably withhold, to authorize the issuance of any negotiated change orders or supplemental agreements within a reasonable time frame that accounts for Project construction deadlines. The City will be responsible for any delay claims from State’s Contractor due to the City’s failure to provide such timely response. Deviations from the Project Plans for City-Owned facilities will be documented, and record drawing information will be provided to the City upon completion of the Project. The City approval provisions set forth herein shall not otherwise alter or affect the State’s authority to direct and supervise the construction contract under Section 2.2.A. B. The City may request additional work or changes to the work in the plans as part of the construction contract. Such request will be made by an exchange of letter(s) with the State. If the State determines 123 MnDOT Contract No.: 1058427 -3- Receivable Standard with Signal (Cooperative Agreements) that the requested additional work or plan changes are necessary or desirable and can be accommodated without undue disruption to the project, the State will cause the additional work or plan changes to be made. 2.4. Satisfactory Completion of Contract. The State will perform all other acts and functions necessary to cause the construction contract to be completed in a satisfactory manner. 2.5. Permits. The City will submit to the State's Utility Engineer an original permit application for all utilities owned by the City to be constructed hereunder that are upon and within the Trunk Highway Right of Way. Applications for permits will be made on State form "Application For Utility Permit On Trunk Highway Right of Way" (Form 2525). 2.6. Utility Adjustments. Adjustments to certain City-owned facilities, including but not limited to, valve boxes and frame and ring castings, may be performed by the State's contractor under the construction contract. The City will furnish the contractor with new units and/or parts for those in place City-owned facilities when replacements are required and not covered by a contract pay item, without cost or expense to the State or the contractor, except for replacement of units and/or parts broken or damaged by the contractor. 3. Right of Way Access, Environmental 3.1. State Right-of-Way Access. The State authorizes the City to enter upon State Right-of-Way to perform the maintenance activities described in this Agreement. The City must notify and coordinate with the State's District Maintenance Engineer prior to accessing State Right-of-Way. While the City is occupying the State's Right-of-Way, they must comply with the approved traffic control plan, and with applicable provisions of the Work Zone Field Handbook (http://www.dot.state.mn.us/trafficeng/workzone/index.html). All City personnel occupying the State's Right-of-Way must be provided with required reflective clothing and hats. 3.2. Environmental. The City will not dispose of any materials regulated by any governmental or regulatory agency onto the ground, or into any body of water, or into any container on the State's Right-of-Way. In the event of spillage of regulated materials, the City will immediately notify the State's Authorized Representative in writing and will provide for cleanup of the spilled material and any materials contaminated by the spillage in accordance with all applicable federal, state, and local laws and regulations, at the sole expense of the City. 4. Maintenance by the City Upon completion of the project, the City will provide the following without cost or expense to the State: 4.1. Storm Sewers. Ownership and maintenance of any storm sewer facilities construction as shown in Exhibit A. Routine maintenance includes, but is not limited to, removal of sediment, debris, vegetation and ice from grates and catch basins, and any other maintenance activities necessary to preserve the facilities and to prevent conditions such as flooding, erosion, or sedimentation; this also includes performing any needed repairs. The storm sewer facilities shown in yellow in Exhibit A primarily serve to collect storm water from the City’s roadway. 4.2. Municipal Utilities. Maintenance of any municipal-owned utilities construction within the City limits, without cost or expense to the State. 4.3. Shared Use Path. The City will provide routine and minor maintenance of the shared use path (SUP) on TH 169 Right of Way within the City limits. Routine and minor maintenance may include, but are not limited to, snow and ice control/removal, sweeping and debris removal, patching, crack repair, replacement of failing section(s) of pavement, vegetation control, signing, pavement markings, and any other maintenance activities necessary to perpetuate the SUP in a safe, usable, and aesthetically 124 MnDOT Contract No.: 1058427 -4- Receivable Standard with Signal (Cooperative Agreements) acceptable condition as determined by the State's District Maintenance Engineer and all applicable laws including, but not limited to, the Americans with Disabilities Act ("ADA"). If the City fails to perform its maintenance services under this Agreement in compliance with applicable laws, the State will provide the City with a notice of non-compliance. Within three business days of sending the notice of non-compliance, the State's District Maintenance Engineer and the City Engineer will meet to discuss the City performance of maintenance and decide upon next steps to remedy any non-compliant performance. If the parties cannot agree upon a remedy, the State may perform such obligation and the City will reimburse the State for the cost thereof, plus 10 percent of such cost for overhead and supervision within 30 days of receipt of the State's invoice. The State and the City agree that full pavement replacement is outside of routine and minor maintenance, and the State and the City will share in the cost of pavement replacement according to the State's Cost Participation and Maintenance Responsibilities with Local Units of Government Manual, as amended or revised. 4.4. Additional Drainage. No party to this Agreement will drain any additional drainage volume into the storm sewer facilities constructed under the construction contract that was not included in the drainage for which the storm sewer facilities were designed, without first obtaining written permission to do so from the other party. 5. Signal System and Emergency Vehicle Preemption System Operation and Maintenance Operation and maintenance responsibilities will be as follows for the Signal System and Emergency Vehicle Preemption (EVP) System on TH 169 east ramps at Betty Crocker Drive (Signal System B) and for the Interconnect to the State fiber network. 5.1. City Responsibilities. A. Power. The City will be responsible for the hook-up cost and application to secure an adequate power supply to the service pad(s) or pole(s) and will pay all monthly electrical service expenses necessary to operate the Signal System, EVP System, and Interconnect. B. Minor Signal System Maintenance. The City will provide for the following, without cost to the State. i. Maintain the signal pole mounted Light-emitting Diode (LED) luminaires, including replacing the luminaires when necessary. The LED luminaire must be replaced when it fails or when light levels drop below recommended American Association of State Highway and Transportation Officials (AASHTO) levels for the installation. ii. Replace the Signal System LED indications. Replacing LED indications consists of replacing each LED indication when it reaches end of life per the MnDOT Traffic Engineering Manual or fails or no longer meets Institute of Traffic Engineers (ITE) standards for light output. iii. Clean the Signal System controller cabinet and service cabinet exteriors. iv. Clean the Signal System and luminaire mast arm extensions. v. Paint and maintain the cross street pedestrian crosswalk markings. 5.2. State Responsibilities. A. Interconnect; Timing; Other Maintenance. The State will maintain the Interconnect and signing, and perform all other Signal System, Accessible Pedestrian Signals (APS), and signal pole luminaire circuit maintenance without cost to the City. All Signal System timing will be determined by the State, and no changes will be made without the State's approval. 125 MnDOT Contract No.: 1058427 -5- Receivable Standard with Signal (Cooperative Agreements) B. EVP System Operation. The EVP System will be installed, operated, maintained, and removed according to the following conditions and requirements: i. All maintenance of the EVP System must be done by State forces. ii. Emitter units may be installed only on authorized emergency vehicles, as defined in Minnesota Statutes § 169.011, Subdivision 3. Authorized emergency vehicles may use emitter units only when responding to an emergency. The City will provide the State's District Engineer or their designated representative a list of all vehicles with emitter units, if requested by the State. iii. Malfunction of the EVP System must be reported to the State immediately. iv. In the event the EVP System or its components are, in the opinion of the State, being misused or the conditions set forth in Paragraph ii. above are violated, and such misuse or violation continues after the City receives written notice from the State, the State may remove the EVP System. Upon removal of the EVP System pursuant to this Paragraph, all of its parts and components become the property of the State. v. All timing of the EVP System will be determined by the State. C. Other Signal System Maintenance. The State will be responsible for all maintenance and repair of the Signal System not assumed by the City in Section 5.1. Future signal system replacement will be in accordance with the State’s Cost Participation Policy. 5.3. Right-of-Way Access. Each party authorizes the other party to enter upon their respective public right-of-way to perform the maintenance activities described in this Agreement. 5.4. Related Agreements. This Agreement will supersede and terminate the operation and maintenance terms of Agreement No. 63845M, dated April 30, 1987, between the parties, for the intersection of TH 169 east ramps at Betty Crocker Drive, unless the operation and maintenance terms of said agreement have already been terminated. 6. Basis of City Cost 6.1. Schedule "I". The Preliminary Schedule "I" includes anticipated City participation construction items, State Furnished Materials lump sum amounts and the construction engineering cost share covered under this Agreement, and is based on engineer's estimated unit prices. 6.2. City Participation Construction. The City will participate in the following at the percentages indicated. The construction includes the City's proportionate share of item costs for mobilization and traffic control. A. 100 Percent will be the City's rate of cost participation in all of the signal system construction work items as shown on Sheet No. 2 of the Preliminary Schedule "I". 6.3. State Furnished Materials. The State will furnish an ATC Cabinet 350, Gridsmart System with one camera, PTZ Camera, and fiber ("State Furnished Materials"), according to the Project Plans, to operate the traffic control signal system covered under this Agreement. The City's lump sum share for State Furnished Materials is $45,340.11. The City's cost share for State Furnished Materials will be added to the City's total construction cost share as shown in the Schedule "I". 6.4. Construction Engineering Costs. The City will pay a construction engineering charge equal to 8 percent of the total City participation construction covered under this Agreement. 6.5. Plan Changes, Additional Construction, Etc. The City will share in the costs of construction contract addenda and change orders that are necessary to complete the City participation construction covered under this Agreement, including any City requested additional work and plan changes. 126 MnDOT Contract No.: 1058427 -6- Receivable Standard with Signal (Cooperative Agreements) The State reserves the right to invoice the City for the cost of any additional City requested work and plan changes, construction contract addenda, change orders, and associated construction engineering before the completion of the contract construction. 6.6. Liquidated Damages. All liquidated damages assessed the State's contractor in connection with the construction contract will result in a credit shared by each party in the same proportion as their total construction cost share covered under this Agreement is to the total contract construction cost before any deduction for liquidated damages. 7. City Cost and Payment by the City 7.1. City Cost. $164,200.11 is the City's estimated share of the costs of the contract construction, State Furnished Materials, and the 8 percent construction engineering cost share as shown in the Preliminary Schedule "I". The Preliminary Schedule "I" was prepared using anticipated construction items and estimated quantities and unit prices and may include any credits or lump sum costs. Upon award of the construction contract, the State will prepare a Revised Schedule "I" based on construction contract construction items, quantities, and unit prices, which will replace and supersede the Preliminary Schedule "I" as part of this Agreement. 7.2. Conditions of Payment. The City will pay the State the City's total estimated construction and construction engineering cost share, as shown in the Revised Schedule "I", after the following conditions have been met: A. Execution of this Agreement and transmittal to the City, including a copy of the Revised Schedule "I". B. The City's receipt of a written request from the State for the advancement of funds. 7.3. Acceptance of the City's Cost and Completed Construction. The computation by the State of the amount due from the City will be final, binding and conclusive. Acceptance by the State of the completed contract construction will be final, binding, and conclusive upon the City as to the satisfactory completion of the contract construction. 7.4. Final Payment by the City. Upon completion of all contract construction and upon computation of the final amount due the State's contractor, the State will prepare a Final Schedule "I" and submit a copy to the City. The Final Schedule "I" will be based on final quantities, and include all City participation construction items and the construction engineering cost share covered under this Agreement. If the final cost of the City participation construction exceeds the amount of funds advanced by the City, the City will pay the difference to the State without interest. If the final cost of the City participation construction is less than the amount of funds advanced by the City, the State will refund the difference to the City without interest. The State and the City waive claims for any payments or refunds less than $5.00 according to Minnesota Statutes § 15.415. 8. Authorized Representatives Each party's Authorized Representative is responsible for administering this Agreement and is authorized to give and receive any notice or demand required or permitted by this Agreement. 8.1. The State's Authorized Representative will be: Name, Title: Malaki Ruranika, Cooperative Agreements Engineer (or successor) Address: 395 John Ireland Boulevard, Mailstop 682, St. Paul, MN 55155 Telephone: (651) 366-4634 E-Mail: malaki.ruranika@state.mn.us 127 MnDOT Contract No.: 1058427 -7- Receivable Standard with Signal (Cooperative Agreements) 8.2. The City's Authorized Representative will be: Name, Title: Mike Ryan, City Engineer (or successor) Address: 7800 Golden Valley Road, Golden Valley, MN 55427 Telephone: (763) 593-8043 E-Mail: mryan@goldenvalleymn.gov 9. Assignment; Amendments; Waiver; Contract Complete 9.1. Assignment. No party may assign or transfer any rights or obligations under this Agreement without the prior consent of the other party and a written assignment agreement, executed and approved by the same parties who executed and approved this Agreement, or their successors in office. The foregoing does not prohibit the City from contracting with a third-party to perform City maintenance responsibilities covered under this Agreement. 9.2. Amendments. Any amendment to this Agreement must be in writing and will not be effective until it has been executed and approved by the same parties who executed and approved the original Agreement, or their successors in office. 9.3. Waiver. If a party fails to enforce any provision of this Agreement, that failure does not waive the provision or the party's right to subsequently enforce it. 9.4. Contract Complete. This Agreement contains all prior negotiations and agreements between the State and the City. No other understanding regarding this Agreement, whether written or oral, may be used to bind either party. 10. Liability; Worker Compensation Claims 10.1. Each party is responsible for its own acts, omissions and the results thereof to the extent authorized by law and will not be responsible for the acts and omissions of others and the results thereof. Minnesota Statutes § 3.736 and other applicable law govern liability of the State. Minnesota Statutes Chapter 466 and other applicable law govern liability of the City. 10.2. Each party is responsible for its own employees for any claims arising under the Workers Compensation Act. 11. Nondiscrimination Provisions of Minnesota Statutes § 181.59 and of any applicable law relating to civil rights and discrimination are considered part of this Agreement. 12. State Audits Under Minnesota Statutes § 16C.05, subdivision 5, the City's books, records, documents, accounting procedures, and practices relevant to this Agreement are subject to examination by the State and the State Auditor or Legislative Auditor, as appropriate, for a minimum of six years from the end of this Agreement. 13. Government Data Practices The City and State must comply with the Minnesota Government Data Practices Act, Minnesota Statutes Chapter 13, as it applies to all data provided under this Agreement, and as it applies to all data created, collected, received, stored, used, maintained, or disseminated by the City under this Agreement. The civil remedies of Minnesota Statutes §13.08 apply to the release of the data referred to in this clause by either the City or the State. 128 MnDOT Contract No.: 1058427 -8- Receivable Standard with Signal (Cooperative Agreements) 14. Governing Law; Jurisdiction; Venue Minnesota law governs the validity, interpretation, and enforcement of this Agreement. Venue for all legal proceedings arising out of this Agreement, or its breach, must be in the appropriate state or federal court with competent jurisdiction in Ramsey County, Minnesota. 15. Termination; Suspension 15.1. By Mutual Agreement. This Agreement may be terminated by mutual agreement of the parties. 15.2. Termination for Insufficient Funding. The State may immediately terminate this Agreement if it does not obtain funding from the Minnesota Legislature, or other funding source; or if funding cannot be continued at a level sufficient to allow for the performance of contract construction under the Project. Termination must be by written or fax notice to the City. 15.3. Suspension. In the event of a total or partial government shutdown, the State may suspend this Agreement and all work, activities, and performance of work authorized through this Agreement. 16. Force Majeure No party will be responsible to the other for a failure to perform under this Agreement (or a delay in performance) if such failure or delay is due to a force majeure event. A force majeure event is an event beyond a party's reasonable control, including but not limited to, unusually severe weather, fire, floods, other acts of God, labor disputes, acts of war or terrorism, or public health emergencies. [The remainder of this page has been intentionally left blank] 129 MnDOT Contract No.: 1058427 -9- Receivable Standard with Signal (Cooperative Agreements) CITY OF GOLDEN VALLEY The undersigned certify that they have lawfully executed this contract on behalf of the Governmental Unit as required by applicable charter provisions, resolutions, or ordinances. By: Title: Mayor Date: By: Title: City Manager Date: DEPARTMENT OF TRANSPORTATION Recommended for Approval: By: (District Engineer) Date: Approved: By: (State Design Engineer) Date: COMMISSIONER OF ADMINISTRATION By: (With Delegated Authority) Date: INCLUDE COPY OF RESOLUTION APPROVING THE AGREEMENT AND AUTHORIZING ITS EXECUTION. Roslyn Harmon Noah Schuchman 130 PRELIMINARY SCHEDULE "I" Agreement No. 1058427 City of Golden Valley SP 2772-132 (TH 169=383)Preliminary: January 27, 2025 SAP 128-387-003, SAP 155-177-002, SAP 163-295-006 Fed. Proj. NHPP 0169(360) Grading, bituminous mill and surfacing, moment slab, ADA improvements, signal, lighting, TMS, and Bridge No. 27526 construction to start approximately May 15, 2025 under State Contract No. ____ with ____ located on TH 169 at Shelard Parkway/Betty Crocker Drive CITY COST PARTICIPATION Signal System Work Items (From Sheet No. 2)106,697.03 State Furnished Materials (From Sheet No. 2)45,340.11 Subtotal $152,037.14 Construction Engineering (8%)12,162.97 (1)Total City Cost $164,200.11 (1)Amount of advance payment as described in Article 7 of the Agreement (estimated amount) Data is considered Non-public prior to project award under the Minnesota Government Data Practices Act, Minnesota Statutes Chapter 13.- 1 - 131 1058427(1) 100% CITY (STATE AID) ITEM SP 2772-132 AND SAP 128-387-003 UNIT QUANTITY UNIT PRICE COST NUMBER WORK ITEM (1) 2021.501 MOBILIZATION LUMP SUM 0.07 73,263.00 5,128.41 2563.601 TRAFFIC CONTROL LUMP SUM 0.07 23,108.80 1,617.62 2565.501 EMERGENCY VEHICLE PREEMPTION SYSTEM A LUMP SUM 0.50 9,365.00 4,682.50 2565.516 TRAFFIC CONTROL SIGNAL SYSTEM A SYSTEM 0.50 190,537.00 95,268.50 TOTAL $106,697.03 (1)100% CITY (STATE AID)$106,697.03 (2) 50% STATE, 50% CITY (STATE AID) ITEM SP 2772-132 AND SAP 128-387-003 UNIT QUANTITY UNIT PRICE COST NUMBER STATE FURNISHED MATERIALS (2) ATC CABINET 350 EACH 1.00 58,841.46 58,841.46 GRIDSMART SYSTEM INCL. ONE CAMERA EACH 1.00 25,354.12 25,354.12 PTZ CAMERA EACH 1.00 5,207.36 5,207.36 FIBER EACH 1.00 1,277.28 1,277.28 TOTAL $90,680.22 (2)50% STATE $45,340.11 50% CITY (STATE AID)$45,340.11 Data is considered Non-public prior to project award under the Minnesota Government Data Practices Act, Minnesota Statutes Chapter 13.- 2 - 132 CITY OF GOLDEN VALLEY MAINTENANCE CITY OF PLYMOUTH MAINTENANCE CITY OF SAINT LOUIS PARK MAINTENANCE MNDOT MAINTENANCEEXHIBIT A - DRAINAGE RESPONSIBILITIESMNDOT MAINTENANCE 133 RESOLUTION NO. 25-022 A RESOLUTION AUTHORIZING STATE OF MINNESOTA DEPARTMENT OF TRANSPORTATION AND CITY OF GOLDEN VALLEY COOPERATIVE CONSTRUCTION AGREEMENT NO. 1058427 WHEREAS, the City of Golden Valley and the State of Minnesota Department of Transportation find it mutually desirable to construct State Project No. 2772-132 adjacent to Trunk Highway No. 169 at Shelard Parkway / Betty Crocker Drive; and WHEREAS, construction of State Project No. 2772-132 will expand multi-modal transportation options and complete shared-use path connections adjacent to Trunk Highway No. 169 within the City of Golden Valley; and WHEREAS, the cooperative construction agreement describes the City of Golden Valley’s construction participation and maintenance responsibilities of State Project No. 2772-132. NOW THEREFORE, BE IT RESOLVED,BY THE CITY COUNCIL OF THE CITY OF GOLDEN VALLEY, MINNESOTA that this Council authorizes the City of Golden Valley to enter into MnDOT Agreement No. 1058427 with the State of Minnesota, Department of Transportation, for the following purposes: To provide for payment by the City to the State of the City’s share of the costs of the signal system construction and other associated construction to be performed upon, along, and adjacent to Trunk Highway No. 169 at Shelard Parkway / Betty Crocker Drive within the City limits under State Project No. 2772-132. BE IT FURTHER RESOLVED,that the Mayor and City Manager are authorized to execute the Agreement and any amendments to the Agreement. Adopted by the City Council of the City of Golden Valley, Minnesota this 18th day of March, 2025. ____________________________ Roslyn Harmon, Mayor Attested: ____________________ Theresa Schyma, City Clerk 134 EXECUTIVE SUMMARY Community Development 763-512-2345 / 763-512-2344 (fax) Golden Valley City Council Meeting March 18, 2025 Agenda Item 3E.1. Adopt Resolution No. 25-016 Authorizing Application for the Minnesota Housing Local Housing Trust Fund Grant Program Prepared By Christine Costello, Housing & Economic Development Manager Summary Minnesota Housing has a grant available to cities with a local housing trust fund to encourage local investment in affordable housing, called the Local Housing Trust Fund Grant. The grant funds must be used for households at or below 115% of the State median income of $111,800 and used for items such as: Development, rehabilitation or financing of housing Down payment assistance Rental assistance Homebuyer counseling services The City is looking to apply for the maximum amount of $225,000, which would be used for the construction of a single-family home at 504 Lilac and a twin home at 1311 Lilac. The remainder of the grant funds would be used to assist Twin Cities Habitat for Humanity in rehabilitating and preserving existing affordable housing in the community. The grant program is currently a one-time funded program. Any future funding would be determined by the Minnesota Legislature. The grant program is also oversubscribed so it is also possible that the City would receive partial funding as well. Grant application is due by March 19, 2025. Minnesota Housing will notify the City whether the grant support is awarded by May or June 2025. Financial or Budget Considerations The maximum grant amount that can be requested is $225,000, and it does require a local match. For the first $150,000, it requires a 100% match. Then a 50% match of the next $150,000. The matching funds have to be from the local housing trust fund, which would be funded with HRA levy dollars. The Local Affordable Housing Aid (LAHA) received from the State cannot be used for matching funds since it is State income according to Minnesota Housing. Other match fund sources such as tax increment financing funds, bond and loan proceeds, enterprise funds, and private donations are some of the other sources. Staff determined that the HRA levy funds are most appropriate as matching funds since the intent is for additional housing options in the community. 135 Legal Considerations Staff will work with the City Attorney to review draft grant agreement following receipt from Minnesota Housing that the City has been awarded grant funds. The items will be submitted for City Council consideration at that time. Equity Considerations The proposed grant application 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. Recommended Action Motion to adopt Resolution No. 25-016 Authorizing Application for the Minnesota Housing Local Housing Trust Fund Grant Program. Supporting Documents Resolution No. 25-016 - Authorizing Application for MN Housing Local Housing Trust Fund Grant Program 136 RESOLUTION NO. 25-016 A RESOLUTION AUTHORIZING APPLICATION FOR THE MINNESOTA HOUSING LOCAL HOUSING TRUST FUND GRANT PROGRAM WHEREAS, funding is available from Minnesota Housing through its Local Housing Trust Fund Grant Program to help create and invest in affordable housing; and WHEREAS, affordable housing is high priority and strategic directive for the community, and the City of Golden Valley is committed to developing and implementing housing options at or below 115% of the State Median Income. NOW THEREFORE, BE IT RESOLVED,BY THE CITY COUNCIL OF THE CITY OF GOLDEN VALLEY, MINNESOTA that this Council hereby authorizes the City Manager or their designee to prepare and submit to the Minnesota housing Local Housing Trust Fund Grants Program. Passed by the City Council of the City of Golden Valley, Minnesota this 18th day of March, 2025. ____________________________ Roslyn Harmon, Mayor Attested: ____________________ Theresa Schyma, City Clerk 137 EXECUTIVE SUMMARY Public Works 763-512-2345 / 763-512-2344 (fax) Golden Valley City Council Meeting March 18, 2025 Agenda Item 3E.2. Adopt Resolution No. 25-017 Authorizing Application for the Hennepin County Healthy Tree Canopy Grant Prepared By Tim Kieffer, Public Works Director Diana Preisen, City Forester Summary Hennepin County is accepting grant applications to implement tree plantings, maintain newly planted trees, remove and replace ash trees, conduct outreach, develop gravel-bed nurseries and develop tree management plans. Grants of $10,000 to $50,000 are available, and a 25% match is required. Staff’s time may be used towards the 25% match. All costs will be incurred up front by the city and will be reimbursed by the county monthly. The deadline for the application is March 25, 2025. Financial or Budget Considerations Funding for this project will come from the Forestry Operating Budget (1646.6440) which includes $193,000 for contractual service such as tree removal and planting. Legal Considerations Staff is working with Hennepin County on the agreement. The city may cancel the application before the due date if terms cannot be agreed upon. Equity Considerations Healthy Tree Canopy Grants were established to help communities make positive changes in the tree canopy and engage residents in taking action to protect trees. Offering grants align with Hennepin County efforts to reduce persistent disparities in health, income, and employment among its residents. Countywide data analysis has identified a correlation between tree canopy deficient areas and concentrated areas of disparities. Tree canopy improvements play a role in disparity reduction because trees improve air quality by intercepting particulates and other pollutants, reduce stormwater runoff, provide shade that mitigates excessive heat events and reduces energy consumption, and increases property values. 138 Recommended Action Motion to Adopt Resolution No. 25-017 Authorizing Application for the Hennepin County Healthy Tree Canopy Grant. Supporting Documents Resolution No. 25-017 - Authorizing Application for the Hennepin County Healthy Tree Canopy Grant Grant Guidelines for Cities 139 RESOLUTION NO. 25-017 A RESOLUTION AUTHORIZING APPLICATION FOR THE HENNEPIN COUNTY HEALTHY TREE CANOPY GRANT WHEREAS, the City of Golden Valley is eligible to apply for funding through the Hennepin County Healthy Tree Canopy Grant; and WHEREAS, funding is available to increase the city’s capacity of current city forestry efforts and programs related to trees. This includes helping manage forest pests such as emerald ash borer, tree planting and pruning efforts, and educational programming of trees; and WHERAS, the city may request up to $50,000 with a required 25% match of cash or in-kind donations for eligible project expenses; and WHEREAS, the health of the urban forest in Golden Valley is important to human health and recognized as a vital resource to the city. Trees make our community more livable through their many ecosystem services are therefore worth investing in. NOW THEREFORE, BE IT RESOLVED,BY THE CITY COUNCIL OF THE CITY OF GOLDEN VALLEY, MINNESOTA that this Council hereby authorizes the City Manager or their designee to prepare and submit the Hennepin County Healthy Tree Canopy Grant Application. Passed by the City Council of the City of Golden Valley, Minnesota this 18th day of March, 2025. ____________________________ Roslyn Harmon, Mayor Attested: ____________________ Theresa Schyma, City Clerk 140 Solicitation for Grant Applications Healthy Tree Canopy Grants For Cities Closing date for all questions: Tuesday, March 18, at 3:00 P.M. (CST) Virtual Pre-Proposal Conference: Wednesday March 5, at 10am. (CST) Solicitation due date: Tuesday, March 25, at 3:00 P.M. (CST) 141 Grant RFP (Revised 4/2022) 2 1 Introduction 1.1 Project overview The County of Hennepin, State of Minnesota (“County”) is soliciting applications for the Healthy Tree Canopy Grant (the “Grant”). As used herein, the entity/individual submitting a response to this solicitation may be referred to as the “Applicant” and the Applicant’s response to this solicitation (the “Solicitation”) may be referred to as the “Application”. Healthy Tree Canopy Grants were established to help communities make positive changes in the tree canopy and engage residents in taking action to protect trees. Goals • Increase capacity of current city forestry efforts and programs related to trees. This includes helping communities plan, prepare for, and manage destructive invasive insects and diseases such as emerald ash borer or Asian long-horned beetle. This also includes establishing new forestry programs, establishing annual forestry activities such as planting and pruning events, and strengthening current forestry programs. • Educate the public about the importance of trees and engage them in taking actions to protect trees. Increase the diversity and resiliency of the tree canopy, accommodate new species that are well-adapted to our changing climate, and recognize that trees are assets that require regular maintenance and provide significant benefits. • Support the local nursery and tree care industry and the use of local, ISA-certified arborists and professional tree workers. • Align with Hennepin County efforts to reduce persistent disparities in health, income, and employment among its residents. Countywide data analysis has identified a correlation between tree canopy deficient areas and concentrated areas of disparities. Tree canopy improvements play a role in disparity reduction because trees improve air quality by intercepting particulates and other pollutants, reduce stormwater runoff, provide shade that mitigates excessive heat events and reduces energy consumption, and increases property values. 1.2 The Grant To be eligible for the Grant, the Applicant must be a city government and located in Hennepin County. Grant funds are eligible for the following uses: The grant is separated into two levels. Step 1 is for cities that do not have a tree inventory of public trees, and Step 2 is for cities who have completed a tree inventory of public trees. 142 Grant RFP (Revised 4/2022) 3 Step 1 Eligible applicant criteria Cities that are need of a community tree inventory or have an incomplete inventory. Eligible projects Completing a tree inventory of public trees Eligible expenses Expenses associated with completing a tree inventory, including: • Purchasing pre-approved software, such as ArcGIS or asset management software, for tree inventory purposes • Purchasing pre-approved technology needed for inventory • Hiring consultant to complete inventory Ineligible expenses Unapproved technology or software Amount of funding available Minimum amount of $1,000 up to a maximum amount of $5,000 Matching funds 25% match of the total project costs is required. For example, a $5,000 grant would need a $1,250 match. Staff time can be used as a match. Project timeline 12 months Reporting requirements Submit a work plan with key tasks, timeline, site plan, responsibility and budget for completing the project. Submit inventory data once completed. Submit a final report with project outcomes and documentation of expenses, such as receipts, invoices, time sheets, etc. Contract and payments Cities would enter into a formal agreement with the county (see attachment 4 for a sample of the agreement). All costs will be incurred up front by the grantee and will be reimbursed no more frequently than monthly by the county upon submitting documentation regarding expenses. Returning applicants Eligible cities can receive a maximum of two step 1 level grants. The second grant will only be awarded if the city needs additional funding to finish a partial inventory or update previous data collected. Step 2 143 Grant RFP (Revised 4/2022) 4 Step two funding is intended for cities with a community tree inventory and an interest in expanding the capacity of their community tree efforts. Eligible applicant criteria Cities must meet both of the following conditions: • Have a tree inventory with at least all ash trees included, and • Have a Minnesota DNR certified tree inspector or an ISA-certified arborist under contract for the proposed grant project. Eligible projects Eligible projects include, but are not limited to: • Tree inventory updates • Tree management plans o Hiring professional consultants for plan development o Developing an emerald ash borer management plan o Developing a tree preservation and maintenance plan • Tree plantings on public property. Plantings must be a minimum of 30 trees. Eligible projects include: o Establishing community orchards o Replacing ash trees (minimum 1:1 replacement for any ash tree removed). Ideally, trees should be replaced within 0.25 mi2 to replace local tree canopy cover. o Filling in canopy deficient areas • First year of tree maintenance (e.g., watering, mulching, staking) for trees planted using grant funds • Tree ordinance development or updates • Staff or volunteer trainings held in Minnesota • Establishing a community gravel-bed nursery • Community outreach and education Ineligible projects Plantings on private property, including tree sales Eligible expenses • Costs of contractor labor, services, supplies, and equipment • Tree species from the county’s approved planting list (see attachment 3) • Planting supplies, such as water bags, grow tubes, bark protection, stakes, shovels, rakes, mulch, compost, top-soil, and rentals • Capital purchases of equipment up to $5,000 in total that are necessary to complete the project (must be pre-approved by county staff) • Software purchases, such as ArcGIS or asset management software for tree inventory updates (must be pre-approved by county staff) • Technology needed for inventory updates (must be pre-approved by county staff) • Site preparation expenses including equipment rental 144 Grant RFP (Revised 4/2022) 5 • Gravel-bed construction materials, such as pea gravel, barriers, and bare root trees • Education and outreach materials • Cost of local training or certification, such as Forest Pest First Detector, Tree Inspector, Pesticide Applicator, etc. (must be pre- approved by county staff) • Systemic insecticide treatments (up to 20% of total grant request) • Ash tree removals (up to 50% of total grant request) – all trees removed must be replaced at a 1:1 rate • Consultant time for plan development and design assistance Ineligible expenses • Projects on private property • Tree planting projects where long-term land use is unknown, and trees may be removed after a short timeframe • Removals without replacement on public properties • Invasive plant removal (e.g., buckthorn, garlic mustard) • Projects that plant unapproved tree species/species not on the county’s approved tree list (e.g., green ash, Amur maple) • Land clearing • Stump removal not for the purpose of creating planting space • Land or boundary surveys • Title search • Appraisal, sale, or exchange of property • Food items (e.g., for volunteers at tree-related events) • Capital purchases not approved by Hennepin County or necessary to complete the project • Purchase of non-tree plant material (e.g., perennials, shrubs, or annual plants) • Tree work performed by a non-ISA certified contractor • Purchase and planting of ball and burlap tree stock • Tree stock over 2” diameter at breast height Amount of funding available Minimum amount of $10,000 up to a maximum amount of $50,000 Matching funds A 25% match of the grant amount is required. For example, a $50,000 grant would need a $12,500 match. Examples of eligible match costs include: • Additional tree and stump removals when paired with new tree replacement • Additional systemic insecticide treatments for emerald ash borer • Staff time Project timeline 12 months 145 Grant RFP (Revised 4/2022) 6 Reporting requirements Submit a work plan with key tasks, timeline, responsibility, and budget for completing Contract and payments Cities would enter into a formal agreement with the county (see attachment 4 for a sample of the agreement). All costs will be incurred up front by the grantee and will be reimbursed by the county no more frequently than monthly upon receipt of documentation of expenses. 1.3 Grant Application When submitting an Application, Applicants must follow the specific format and content requirements below and in Attachment 1. Failure to do so will likely prolong the evaluation process and/or may be grounds for rejection of the Application. Applicant shall describe, in detail, the proposed uses of the Grant funds for the Project. Any other use of Grant funds is strictly prohibited. Applicant shall be solely responsible for securing all additional funds necessary for completion of the Project. Applicant agrees to only use the Grant funds for the uses indicated above. Use of Grant funds for any other purpose is strictly prohibited. If Applicant uses Grant funds for any other purpose, Applicant shall, upon County’s written demand, repay all Grant funds awarded. 2 Evaluation and selection 2.1 Applicant evaluation and recommendation for selection County will consider the Application to determine whether it meets County’s requirements and is otherwise eligible for a Grant award. Submission of an Application shall neither obligate nor entitle an Applicant to enter into a contract with the County or to receive a Grant. 2.2 Evaluation of responsiveness The County will consider all the material submitted by the Applicant to determine whether the Applicant’s offer is in compliance with the terms and conditions set forth in this Solicitation. Applications that do not comply with the provisions in this Solicitation may be considered nonresponsive and may be rejected. Notwithstanding the foregoing, County expressly reserves the right to reject any or all Applications with or without cause. Evaluation criteria shall include the following: Project description and details • Projects are well defined with clearly stated goals and objectives. 146 Grant RFP (Revised 4/2022) 7 • Project locations are identified with detail and explain the local impact • Detailed timeline of events with specific actions defined • Long-term impacts and overall sustainability of the project/maintenance plan • Current community tree canopy cover and need based, in part, on a comparison of the project location with tree planting priority areas as identified by Hennepin County • Project location must be in Hennepin County Project participants • Demonstrate ability to manage projects and follow through with outlined objectives • Partners meaningfully engaged to enhance overall project goals • Engage volunteers or educate community on the benefits that trees provide Budget • Demonstrate match commitment • Funds adequate to complete project • Budget items are described, and details are provided on how they will be used Evaluation • Specific details on metrics that will be collected during the project • Determine who will be collecting this information See the application for how the criteria is weighted. A combination of quantitative and qualitative criteria is used in the project selection process. The County reserves the right to determine whether any aspect of the Application satisfactorily meets the criteria, the right to seek clarification or additional information from any Applicant(s), and the right to waive any irregularities or informalities that the County deems is in its best interest. 2.3 Execution of Grant agreement County may condition the Grant award upon Applicant’s execution of a Grant agreement provided by County. As applicable, the Grant agreement shall define the legal relationship between County and Applicant. 3 General rules 3.1 Solicitation for Grant Applications and Grant overview This Solicitation for Grant Applications is an invitation for Applicants to submit a Grant Application to the County. It is a means by which the County may facilitate the acquisition of information related to awarding the Grant and is NOT A COMMITMENT OR OBLIGATION TO AWARD ANY AMOUNT. Nothing in this Application shall obligate County to (i) award any amount; (ii) award any subsequent grants; or (iii) pay or otherwise make any additional distributions. 147 Grant RFP (Revised 4/2022) 8 3.2 Estimated timeline and extension of time Virtual Pre-Proposal Conference Meeting: Wednesday March 5 at 10am. (CST) Last day for questions: Tuesday, March 18, by 3:00 P.M. (CST) Applications due: Tuesday, March 25, by 3:00 P.M. (CST) Anticipated Hennepin County board approval: July 2025 Project completion: within 12 months of contract execution These dates are subject to revision or cancellation by the County in its sole and absolute discretion. 3.3 Application submission Applications will be received in the Hennepin County Supplier Portal. In order to submit an Application, you must first register with the Supplier Portal. For more information on how to register, please go to the Supplier Portal help page. Applicants are strongly encouraged to make their submissions well in advance of the Application due date as the process may take some time to complete. Failure to submit an Application on time may be grounds for rejection of the Application; however, the County reserves the right, in its sole and absolute discretion, to accept Applications after the Application due date. 3.4 Questions and Pre-application Assistance Applicants are invited to contact the county for feedback on project ideas before applying. For more information visit www.hennepin.us/trees or contact trees@hennpein.us. Prospective applicants are strongly encouraged to attend a virtual informational meeting on: Virtual Informational Meeting is scheduled for Wednesday, March 5, 10am. Please register here for the meeting. Attendance to the Virtual Information Meeting is not mandatory or required to apply to the solicitation. 3.5 Addenda The County reserves the right to modify this Solicitation at any time prior to the Application due date. An addendum will be posted in the Supplier Portal if the Solicitation is modified. Addenda may be viewed by clicking on the ‘View Documents’ on the Event Details page. It is the responsibility of each prospective Applicant to assure receipt of all addenda. The County will modify the Solicitation only by formal written addenda. Applications should be based on this Solicitation document and any formal written addenda. Applicants should not rely on oral statements, or site visits. 148 Grant RFP (Revised 4/2022) 9 3.6 County’s right to withdraw, cancel, suspend and/or modify the Solicitation The County reserves the right to withdraw, cancel, suspend, and/or modify this Solicitation for any reason and at any time with no liability to any prospective Applicant for any costs or expenses incurred in connection with the Solicitation or otherwise. 3.7 Applicant’s right to edit or cancel an Application An Application may be edited or cancelled in the Supplier Portal prior to the Application due date. For instructions, view the Edit or Cancel a Response section of the How to Respond to an Event Guide. 3.8 Applications will not be returned Upon submission, Applications will not be returned. 3.9 Public disclosure of Application documents This Solicitation and any data or information submitted to County in response are subject to applicable law, including but not limited to the provisions of the Minnesota Government Data Practices Act Minnesota Statutes, chapter 13 (“MGDPA”). If the Applicant believes private/non-public data is included in its Application, Applicant shall clearly identify the data and provide the specific rationale in support of the asserted classification. Applicant must type in bold red letters the term “CONFIDENTIAL” on that specific part or page of the Application which Grant RFP (Revised 03/2022) Applicant believes to be confidential. Classification of data as trade secret data will be determined pursuant to applicable law, and, accordingly, merely labeling data as “trade secret”, “confidential” or the like does not necessarily make the data protected under any applicable law. The Applicant agrees, as a condition of submitting its Application, that the County will not be liable or accountable for any loss or damage which may result from a breach of confidentiality related to the Application. 3.10 Applicant’s costs The County shall not be responsible for any costs incurred by Applicant in relation to this Solicitation. Applicant shall bear all costs of Application preparation, submission, and attendance at interviews, or any other activity associated with this Solicitation or otherwise. 3.11 Conflict of interest The Applicant affirms that to the best of its knowledge the submission of its Application, or any resulting Grant award, does not present an actual or perceived conflict of interest. Strictly for illustration purposes, 149 Grant RFP (Revised 4/2022) 10 a personal relationship with a County employee directly or indirectly involved in the Grant process may be a conflict of interest. The Applicant agrees that should any actual or perceived conflict of interest become known, it will immediately notify the County and will advise whether it will or will not avoid, mitigate, or neutralize the conflict of interest. The County may make reasonable efforts to avoid, mitigate, or neutralize a conflict of interest by an Applicant. To avoid a conflict of interest by an Applicant, the County may utilize methods including disqualifying an Applicant from eligibility for the Grant or cancelling the Grant if the conflict is discovered after the Grant has been issued. The County may, at its sole and absolute discretion, waive any conflict of interest. 4 Attachments 4.1 Attachment 1 – Application 4.2 Attachment 2 – Budget Form 4.3 Attachment 3 – Hennepin County Recommended Tree Species List 4.4 Attachment 4 – Sample Contract Agreement 150 EXECUTIVE SUMMARY Legal 763-512-2345 / 763-512-2344 (fax) Golden Valley City Council Meeting March 18, 2025 Agenda Item 3F. Adopt Second 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. The City Council approved the first reading of this ordinance at the March 4 meeting. Additionally, tonight's agenda also includes consideration of the approval of a new brewer off-sale retail packaging license for Under Pressure Brewing, 8806 7th Avenue North. Please note that approval of the license is contingent upon the passage and publication of Ordinance No. 793. 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 adopt second 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. 151 Supporting Documents Ordinance No. 793 - Amending Chapter 4 - Allowing Additional Vessel Sizes Permitted by State Law for Brewer Off-Sale Licenses 152 ORDINANCE NO. 793 AN ORDINANCE AMENDING THE CITY CODE AMENDING CHAPTER 4 OF THE CITY CODE RELATED TO BREWER OFF-SALE LICENSES TO ALLOW ADDITIONAL VESSEL SIZES PERMITTED BY STATE LAW The City Council of the City of Golden Valley hereby ordains as follows: Section 1. City Code Chapter 4. Alcoholic Beverages, Article II. Licenses, Section 4-41. Types of Licenses is hereby amended as follows: Sec. 4-41. Types of Licenses. (g) Brewer off-sale malt liquor licenses, with the approval of the Commissioner, may be issued to a brewer that is a licensee under Subsection (f) of this section or that produces fewer than 3,500 barrels of malt liquor a year and otherwise meets the criteria established in Minn. Stats. § 340A.24, as it may be amended from time to time. Off-sale of malt liquor shall be limited to the legal hours for off-sale at exclusive liquor stores in the City. Malt liquor sold off-sale must be removed from the premises before the applicable off-sale closing time at exclusive liquor stores. All malt liquor sold under this license shall be packaged in the manner required by Minn. Stats.ch. 340A § 340A.285 as it may be amended from time to time. Sales under this license may not exceed 500 barrels per year. If a brewer licensed under this section possesses a license under Subsection (f) of this section, the brewer's total retail sales at on-sale or off-sale may not exceed 3,500 barrels per year, provided that off-sales may not total more than 500 barrels. Section 2. This ordinance shall take effect from and after its passage and publication as required by law. Adopted by the City Council this 18th day of March, 2025. Roslyn Harmon, Mayor ATTEST: Theresa J. Schyma, City Clerk 153 EXECUTIVE SUMMARY Community Development 763-512-2345 / 763-512-2344 (fax) Golden Valley City Council Meeting March 18, 2025 Agenda Item 3G. Adopt Second Reading of Ordinance No. 794 Establishing an Affordable Housing Trust Fund and Adopt Resolution No. 25-018 Approving Summary Publication 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 154 assistance, second mortgages, closing costs, etc. 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. City Council heard and voted to unanimously approve the first reading at their March 4th meeting. 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 155 fostering a healthy mix of housing stock that accommodates various price points and life stages. Recommended Action Motion to adopt second reading of Ordinance No. 794 establishing an Affordable Housing Trust Fund. Motion to adopt Resolution No. 25-018 approving summary publication of Ordinance No. 794. (Note: This resolution requires a four-fifths vote of all members of the Council for approval.) Supporting Documents Ordinance No. 794 - Establishing an Affordable Housing Trust Fund Resolution No. 25-018 - Summary Publication of Affordable Housing Trust Fund Ordinance Minnesota Statutes Section 462C.16 Handout on Local Housing Trust Funds 156 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: 157 (a) Donations designated for the Affordable Housing Trust Fund. (b)Bond proceeds. (c) Payments in lieu of participation in current or future affordable housing programs. (d) Grants, loans or matching funds from a state, federal or private source. (e) Principal and interest from Affordable Housing Trust Fund loan repayments and all other income from Trust Fund activities. (f)Investment earnings from the Affordable Housing Trust Fund. (g) The sale of real and personal property. (h) Local government appropriations, development fees and other funds as designated from time to time by the city council. (i) Tax Increment Finance (TIF) pooled funds. Sec. 2-XXX. Authorized Expenditures. The city may use money from the Affordable Housing Trust Fund to assist proposed projects or programs to develop or preserve affordable housing for persons of very low, low and moderate income to include: a. Making grants, loans, and loan guarantees for the development, rehabilitation, remodeling, or financing of housing. b.Providing down payment assistance, rental assistance and homebuyer counseling services. c. Interim financing of public costs for affordable housing projects in anticipation of a permanent financing source (i.e. construction financing, bond sale, etc.). d. Matching other funds from federal, state, or private resources for housing projects. e. Other uses as permitted by law and approved by the city council. Sec. 2-XXX. Loans and Grants. The city shall determine the terms and conditions of repayment of loans and grants from the Affordable Housing Trust Fund including the appropriate security and interest, if any, should repayment be required. Interest on loans and grants shall be as established by the city from time to time or at the time of approval of a specific project or program. Sec. 2-XXX. Reports. The Affordable Housing Trust Fund shall report annually to the city on the use of the Affordable Housing Trust Fund account including the number of loans and grants made, the number and types of residential units assisted through the account, and the number of households 158 for whom rental assistance payments were provided. The city shall post the report on its Web site. Section 2.This ordinance shall take effect from and after its passage and publication as required by law. Adopted by the City Council this 18th day of March 2025. __________________________________ Roslyn Harmon, Mayor ATTEST: __________________________________ Theresa J. Schyma, City Clerk 159 RESOLUTION NO. 25-018 RESOLUTION AUTHORIZING SUMMARY PUBLICATION OF ORDINANCE NO. 794 WHEREAS, the City has adopted the above referenced amendment of the Golden Valley City Code; and WHEREAS, the verbatim text of the amendment is cumbersome, and the expense of the publication of the complete text is not justified. NOW THEREFORE, BE IT RESOLVED,BY THE CITY COUNCIL OF THE CITY OF GOLDEN VALLEY, MINNESOTA that the following summary is hereby approved for official publication: SUMMARY PUBLICATION ORDINANCE NO. 794 An Ordinance Establishing An Affordable Housing Trust Fund This is a summary of the provisions of Ordinance No.794 which has been approved for publication by the City Council. At the March 18, 2025 City Council meeting, the Golden Valley City Council enacted Ordinance No.794 amending City Code Chapter 2 by adding Article VII establishing an Affordable Housing Trust Fund. The full ordinance is available to the public at the City Clerk’s Office, 7800 Golden Valley Road during normal business hours and online at www.goldenvalleymn.gov/code/. Passed by the City Council of the City of Golden Valley, Minnesota on March 18, 2025. ____________________________ Roslyn Harmon, Mayor Attested: ____________________ Theresa Schyma, City Clerk 160 161 162 LOCAL HOUSING TRUST FUNDS IN MINNESOTA Local Housing Trust Funds (LHTF) are funds established by a local government by dedicating local public revenue for housing. They are EGSRWMWXIRXƽI\MFPIVIWSYVGIJSVLSYWMRK[MXLMREPSGEPNYVMWHMGXMSR Trust funds help communities leverage public and private resources ERHNYQTWXEVXTVSNIGXWXLEXHVE[MRZIWXQIRXERHNSFW0,8*WIREFPI TVMSVMXM^MRKHIZIPSTQIRXWXLEXQE\MQM^IFIRIƼXXSXLIGSQQYRMX] -RXLI1MRRIWSXE0IKMWPEXYVIHIƼRIHE0,8*MRPE[TVSZMHMRK GPEVMX]XSEWWMWXPSGEPNYVMWHMGXMSR[MXLLSYWMRKMRZIWXQIRXW-R to incentivize LHTFs, they authorized a state match fund of $1 million, TVSZMHMRKESRIXSSRIQEXGLSRXLIƼVWXSJRI[VIZIRYI MRZIWXIHMRLSYWMRKXVYWXJYRHWF]GMXMIWERHGSYRXMIWERHESRIXSX[S QEXGLSRXLIRI\XSJEZEMPEFPIJYRHW Since 2017, Minnesota has seen a steady increase in LHTFs, as 20 GMXMIWERHGSYRXMIWEGVSWWXLIWXEXILEZIEHSTXIHXLIQ[MXLQSVI SRXLI[E]8LMWVITSVXMRGPYHIWMRJSVQEXMSRJVSQ1,4ƅWXLMVHERRYEP survey of cities and counties regarding LHTF. &IRIƼXWSJ0,8*W Leverage private dollars Provide flexibility to meet local needs Encourage local contributions Establish dedicated sources of revenue February 2023 0SGEP,SYWMRK8VYWX*YRHWF]XLIRYQFIVW 20 Number of LHTFs in MN 2023 2017 35 $75,000 $10,000,000+ Range of Fund Sizes Communities Interested in LHTFs From big to small, rural to metro, LHTFs can serve the housing needs of communities of all types and sizes. 163 Counties (7): Chisago 'VS[;MRK Goodhue Hennepin Lake Otter Tail 7[MJX Cities (13): %PI\ERHVME Bloomington Duluth )HIR4VEMVMI Edina Minneapolis Minnetonka 2SVXLƼIPH 6IH;MRK 6MGLƼIPH Rochester 7X0SYMW4EVO 7X4EYP 0SGEP,SYWMRK8VYWX*YRHWMR1MRRIWSXE 0SGEP,SYWMRK8VYWX*YRHW%GVSWW1MRRIWSXE 8 7Common Uses For LHTFs Homebuyer Assistance 4VIWIVZEXMSRGap Financing Creating Deeper Affordability Housing Stability 164 0SGEP,SYWMRK8VYWX*YRHWMR1MRRIWSXE 0SGEP,SYWMRK8VYWX*YRHW)WXEFPMWLIHMR1MRRIWSXE Date Adopted Funding Source(s) Use(s) %PI\ERHVME 2019 •8-*4SSPMRK •HRA Levy • Housing Related Funds • Homebuyer Assistance •4VIWIVZEXMSR Bloomington 2019 •8-*4SSPMRK • One-time Funds • Donations • Housing Related Funds • Housing Stability •4VIWIVZEXMSR • Gap Financing • Revolving Loan Fund Duluth 2022 •HRA Levy • Housing Related funds •4VIWIVZEXMSR • Gap Financing )HIR4VEMVMI2022 • Still Determining • Still Determining Edina 2019 •8-*4SSPMRK • Housing Related Funds •H4VSKVEQ'SWXW •4VIWIVZEXMSR • Gap Financing Minneapolis 2003 •8-*4SSPMRK • One-time Funds • Federal and State Formula Funds • Gap Financing •4VIWIVZEXMSR Minnetonka 2022 •8-*4SSPMRK • Housing Stability • Gap Financing 2SVXLƼIPH 2022 • Housing Related Funds • Homebuyer Assistance 6IH;MRK •HRA Levy •8-*4SSPMRK • Homebuyer Assistance • Gap Financing •4VIWIVZEXMSR 6MGLƼIPH 2020 • Federal and State Formula Funds •EDA Levy • Housing Related Funds • Homebuyer Assistance • Housing Stability Rochester • One-time Funds • Donations • Deepen Affordability 7X0SYMW4EVO •8-*4SSPMRK •HRA Levy • Homebuyer Assistance •4VIWIVZEXMSR • Gap Financing • Deepen Affordability 7X4EYP 2019 • One-time Funds •4EVOMRKVIZIRYIW • Homebuyer Assistance • Housing Stability • Gap Financing •H4VSKVEQ'SWXW Chisago County 2021 • Housing Related Funds • Affordable Housing 'VS[;MRK'SYRX]2019 • HRA Levy • Gap Financing • Hombuyer Assistance •4VIWIVZEXMSR Goodhue County • HRA Levy • Homebuyer Assistance • Housing Stability • Gap Financing Hennepin County 2000 • HRA Levy • Gap Financing •4VIWIVZEXMSR Lake County 2022 •HRA Levy • Housing Related Funds • Still Determining Otter Tail County 2021 • HRA Levy • Still Determining 7[MJX'SYRX]2020 •HRA Levy •'LMTTI[E:EPPI])XLERSP'SQTER]7LEVIW •4VIWIVZEXMSR • Gap Financing Common Funding Sources • HRA levy • TIF pooling • Housing related funds (includes land sale proceeds, in lieu of fees, etc) •*IHIVEPERH7XEXI*SVQYPE*YRHW'(&+,31)%64%IXG • One-time Funds (intial funding, annual aprorations, etc) • Donations (individual and organizational) Common Uses • Homebuyer Assistance •4VIWIVZEXMSRWMRKPIJEQMP]VILEFQYPXMJEQMP]VILEF23%,TVIWIVZEXMSR •+ETƼRERGMRKRI[GSRWXVYGXMSRVIHIZIPSTQIRX • Creating deeper affordability • Housing Stability (emergency housing assistance) 165 EXECUTIVE SUMMARY Community Development 763-512-2345 / 763-512-2344 (fax) Golden Valley City Council Meeting March 18, 2025 Agenda Item 3H. Adopt Resolutions No. 25-019 and No. 25-020 Approving a Minor Subdivision and Variance at 5111 Colonial Drive Prepared By Jacquelyn Kramer, Senior Planner Summary Lake West Development has applied for a minor subdivision in order to subdivide one single-family home lot into two single-family home lots. The applicant is also seeking a variance from Section 109- 149(a)(1) to reduce the required minimum lot size from 15,000 square feet to 13,000 square feet, in order to allow Lot 2 to be 13,465 square feet in size. Planning Commission held the public hearing on February 24, 2025. One neighbor testified and expressed concerns regarding the setbacks of a new home on the lot. After discussing the applications, the planning commission recommended approval of the variance based on the findings in the staff report with the addition of a requirement for a 15-foot side yard setback on the eastern property line. The variance findings: 1. The proposed use of a single-family home is a reasonable use of the property. 2. There are unique circumstances on the property that were not caused by the landowner. Specifically, the landowner did not construct the existing house but wants to keep it on the lot; and the unusual size of the lot at 5001 Colonial Drive triggers a larger minimum lot size requirement than what would otherwise be required at this property. 3. The variance, if granted, would not alter the essential character of the neighborhood. The use is consistent with the rest of the neighborhood, and the variance would allow two new lots that are consistent in size with other lots in the neighborhood. 4. The practical difficulties in the variance request are not solely due to economic considerations. 5. The variance will not permit a use not allowed in the zoning district where the property is located. 6. The variance request is in harmony with the 2040 Comprehensive Plan and the R-1 Single Family Residence zoning district. The commission recommended approval of the minor subdivision. Next Steps If City Council approves the minor subdivision and variance, the applicant will submit final plat 166 documents for council approval in April 2025. Except as otherwise authorized by the Council, all conditions placed on the approval shall be fulfilled before the signed plat copies are released by the City. Financial or Budget Considerations Standard City fees were collected with the subdivision application. Legal Considerations The Legal Department has reviewed the title documents of this property and found a discriminatory racial covenant. While not legally enforceable, the applicant chose to have the covenant removed from the title. Equity Considerations The applicant’s request was part of a public hearing at the February 24, 2025, Planning Commission meeting which provided in person and remote options for residents to participate in the process consistent with Equity Pillar 2 for Inclusive and Effective Community Engagement. Recommended Action 1. Motion to adopt Resolution No. 25-019 approving the Minor Subdivision for the property located at 5111 Colonial Drive subject to the conditions listed in said resolution. 2. Motion to adopt Resolution No. 25-020 approving Variance for the property located at 5111 Colonial Drive subject to the condition listed in said resolution. Supporting Documents Resolution No. 25-019 - Approving Minor Subdivision - 5111 Colonial Drive Resolution No. 25-020 - Approving Variance - 5111 Colonial Drive Planning Commission staff report Planning Commission draft meeting minutes 167 RESOLUTION NO. 25-019 A RESOLUTION APPROVING A MINOR SUBDIVISION AT 5111 COLONIAL DRIVE WHEREAS,Lake West Development has applied for a minor subdivision under Chapter 109 Subdivisions, Division 4 Minor Subdivisions and Consolidations in order to subdivide the lot at 5111 Colonial Drive into two lots; and WHEREAS, the proposed minor subdivision is situated upon lands in Hennepin County, Minnesota, legally described as follows: Lots 6 and 7, Block 2, "Spring Green", Hennepin County, Minnesota WHEREAS, the proposed minor subdivision has been found to be in all respects consistent with the comprehensive plan and the regulations and requirements of the laws of the State of Minnesota and the Golden Valley City Code; and WHEREAS, on February 24, 2025, the Golden Valley Planning Commission held a public hearing and recommended approval of the minor subdivision application. NOW THEREFORE, BE IT RESOLVED, BY THE CITY COUNCIL OF THE CITY OF GOLDEN VALLEY, MINNESOTA that this Council adopts Resolution No. 25-019 approving the minor subdivision at 5111 Colonial Drive to subdivide one lot into two lots, subject to the following conditions: 1. The applicant must submit a final plat application within 180 days of Council approval. 2. The eastern lot will be required to maintain a 15-foot building setback on the east property line. 3. The applicant shall provide drainage and utility easements on the final plat. 4. The applicant must provide a shared access easement over the new driveway to allow permanent access for both lots. 5. Before the plat is recorded with the county, the applicant shall pay park dedication fees. 6. All necessary city permits will be obtained prior to the start of construction, including but not limited to the building permit and stormwater management permit. Adopted by the City Council this 18thday of March, 2025. _____________________ Roslyn Harmon, Mayor ATTEST: _____________________________ Theresa Schyma, City Clerk 168 RESOLUTION NO. 25-020 A RESOLUTION APPROVING A VARIANCE AT 5111 COLONIAL DRIVE WHEREAS,Lake West Development has applied for a variance from Section 109- 149(a)(1) to reduce the required minimum lot size from 15,000 square feet to 13,000 square feet, in order to allow a new lot at 5111 Colonial Drive to be 13,465 square feet in size; and WHEREAS, the proposed variance is situated upon lands in Hennepin County, Minnesota, legally described as follows: Lots 6 and 7, Block 2, "Spring Green", Hennepin County, Minnesota WHEREAS, on February 24, 2025, the Golden Valley Planning Commission held a public hearing and made the following findings of fact: 1. The proposed use of a single-family home is a reasonable use of the property. 2. There are unique circumstances on the property that were not caused by the landowner. Specifically, the landowner did not construct the existing house but wants to keep it on the lot; and the unusual size of the lot at 5001 Colonial Drive triggers a larger minimum lot size requirement than what would otherwise be required at this property. 3. The variance, if granted, would not alter the essential character of the neighborhood. The use is consistent with the rest of the neighborhood, and the variance would allow two new lots that are consistent in size with other lots in the neighborhood. 4. The practical difficulties in the variance request are not solely due to economic considerations. 5. The variance will not permit a use not allowed in the zoning district where the property is located. 6. The variance request is in harmony with the 2040 Comprehensive Plan and the R-1 Single Family Residence zoning district. WHEREAS, at the February 24 meeting Planning Commission recommended approval of the variance application; and WHEREAS, the proposed variance has been found to be in all respects consistent with the comprehensive plan and the regulations and requirements of the laws of the State of Minnesota and the Golden Valley City Code. NOW THEREFORE, BE IT RESOLVED, BY THE CITY COUNCIL OF THE CITY OF GOLDEN VALLEY, MINNESOTA that this Council adopts Resolution No. 25-020 approving the variance at 5111 Colonial Drive to reduce the required minimum lot size from 15,000 square feet to 13,000 square feet, subject to the condition that the eastern lot will be required to maintain a 15-foot building setback on the east property line. Adopted by the City Council this 18thday of March, 2025. 169 Resolution No. 25-020 March 18, 2025 _____________________ Roslyn Harmon, Mayor ATTEST: _____________________________ Theresa Schyma, City Clerk 170 Date: February 24, 2025 To: Golden Valley Planning Commission (PC) From: Jacquelyn Kramer, Senior Planner Subject: Request for Minor Subdivision and Variance to Golden Valley City Code: 5111 Colonial Drive Summary Lake West Development has applied for a minor subdivision and variance in order to subdivide one single-family home lot into two single-family home lots. The applicant requests a variance to allow a new single-family lot with an area less than 15,000 square feet. Relevant code sections: 1.Minor subdivision - Chapter 109 Subdivisions, Division 4 - Minor Subdivisions and Consolidations 2.Lot Size Variance - Section 109-121(i): The conditions spelled out in this section shall provide the only basis for denial of a minor subdivision or consolidation except for the additional conditions imposed on residential zero lot line homes later in this division. Approval will be granted to any application that meets the established conditions. Additionally, an applicant may request a waiver from specific conditions imposed in this section by applying for a variance in accordance with this chapter. 3.Minimum Lot Size – Section 109-149(a)(1): All lots shall meet the minimum area requirements of the zoning district in which they are located, except that lots in the Single-family Residential (R-1) District created through subdivision after 2014 must be at least 15,000 square feet if the average of the R-1 single-family lots within 250 feet of the subject parcel have an average lot area of 18,000 square feet or greater, excluding from the calculation the subject parcel and lots less than 4,001 square feet. Public Notification A notice of the hearing was mailed to the owners of all property within 500 feet of the subject property at least 10 days prior to the public hearing date. At the time of this report staff has received no comments on the applications. Meeting Dates February 24, 2025: Public hearing and Planning Commission recommendation. March 18, 2025: City Council action on minor subdivision and variance applications. April 8, 2025 (tentative): City Council action on final plat application. v v 171 Subject Property Location: 5111 Colonial Drive Parcel ID Number: 3002924220016 Applicant/Property Owner: Lake West Development, LLC Site Size: 0.76 acres, 33,002 square feet Future Land Use: Low Density Residential Zoning District: R-1 Single Family Residential Existing Use: Single-family residence Adjacent Properties: Single family homes Site Image The site contains an existing home built in 1955. The east side of the property is vacant with trees and vegetation. A driveway provides vehicular access off Colonial Drive to the north. The site contains steep slopes going down to the north property line. Due to the steep grade changes along Colonial Drive, the applicant proposes a shared driveway serving both new lots. This layout would allow sufficient distance for a new driveway with minimized slopes. Staff is supportive of this layout with the condition that a shared access agreement be recorded on the properties that guarantees permanent access for both lots to Colonial Drive. Colonial Drive 5111 Colonial Drive 172 Proposal The applicant would like to subdivide the existing lot into two new lots. The existing home would be renovated and a new home would be constructed on the eastern lot. The new lots would exceed the dimensional requirements for the R-1 district as shown in the table below, with one exception highlighted below and explained later in the report. R-1 Standards Lot 1 (existing home) Lot 2 Lot Size 15,000 sq. ft. 19,331 ft. 13,465 sq. ft. Lot Width (measured at setback) 80 ft. 129.47 ft 89.56 ft. Front Setback 35 ft. 35ft 35 ft. Side Setback 22.5 ft. / 15 ft. 22.5 ft. 15 ft. Rear Setback 25 ft. 25 ft. 25 ft. Normally lots in the R-1 district must have a minimum lot size of 10,000 square feet. Section 109- 149 requires new lots to be a minimum of 15,000 sq. ft. if the average lot withing 250 feet of the parcels is 18,000 sq. ft. or larger. The lots within 250 ft. meet this requiremen t due to the size of the parcel at 5001 Colonial Drive, which is 126,352 square feet. The applicant is seeking approval for a minor subdivision to create two lots from the existing lot. The applicant is also seeking a variance from Section 109-149(a)(1) to reduce the required minimum lot size from 15,000 square feet to 13,000 square feet, in order to allow Lot 2 to be 13,465 square feet in size. Planning Analysis – Minor Subdivision Eligibility In keeping with Minn. Stats. § 462.358, subd. 1a, which allows for the establishment of more than one class of subdivision and more than one set of regulations, certain proposed land subdivisions and consolidations may qualify for application as a minor subdivision. Each of the following conditions must be met to establish eligibility: 1.The land to be subdivided or consolidated must be part of a recorded plat or a recorded registered land survey (RLS). The site is part of an existing plat, Spring Green Addition. 2.Consolidations may involve any number of parcels, but subdivisions shall be limited to the creation of four or fewer lots from one or more original parcels . The applicant proposes to subdivide one existing lot into two lots. 3.The subdivision or consolidation shall not necessitate any additional public investment in new roads or utilities to serve the lots. Staff has determined the proposal requires no new roads or utility lines. Staff finds the request meets these three conditions to be considered a minor subdivision. 173 Evaluation Criteria In reviewing this application, staff has examined the request in accordance with the standards outlined in City Code Section 109-121, which provides the following eight (8) criteria for granting a minor subdivision. 1.Minor subdivisions shall be denied if the proposed lots do not meet the requirements of the appropriate zoning district. Lot 1 meets the area and width requirements of the R-1 Single Family Residential Zoning District. Lot 2 meets the width requirement and the applicant has applied for a variance to allow lot size under 15,000 square feet. 2.A minor subdivision may be denied if the City Engineer determines that the lots are not buildable. There is adequate space on the new lot for a home to be built in compliance with setback requirements. 3.A minor subdivision may be denied if there are no sewer and water connections available or if it is determined by the City Engineer that an undue strain will be placed on city utility systems by the addition of the new lots. One additional set of sewer and water connections will be necessary. Staff finds there is sufficient service capacity of city utility systems to serve the new lot. 4.Approval of the minor subdivision may require the granting of certain easements to the city. Staff recommend a condition of approval that the final plat include standard drainage and utility easements of 10 feet wide on exterior property lines and six feet wide on interior lot lines. 5.If public agencies other than the city have jurisdiction of the streets adjacent to the minor subdivision, the agencies will be given the opportunities to comment. Not applicable. 6.The city may ask for review of title if required by the City Attorney for dedication of certain easements. The applicant submitted title work for review and approval by the City Attorney. The existing title contains a discriminatory racial covenant. While not legally enforceable, the applicant may choose to have the covenant removed . The city’s Legal Department has offered to start this process. 7.The minor subdivision may be subject to park dedication requirements. A park dedication fee of 6% of the estimated land value with 50% credit for existing units is required for this subdivision based on the finding that homeowners will benefit from public parks and trails. The total amount charged for this subdivision is $9,405. 8.The conditions spelled out shall provide the only basis for denial of a minor subdivision. Approval will be granted to any application that meets the established conditions. The applicant has applied for a variance for minimum lot area, and all other conditions have been met. 174 Staff finds that, with the exception of minimum lot area, the request meets all criteria for granting a minor subdivision in accordance with the purpose and all applicable standards, requirements, and procedures identified in Golden Valley City Code Chapter 109. Planning Analysis - Variance 5111 Colonial is one parcel but contains two lots of record. If the lot was subdivided following the existing lot of record lot lines, two parcels of approximately equal size and each over 15,000 square feet would be created. The applicant would only need a tax parcel division, which can be administratively approved. However, this process does not allow for any nonconformities to be created in the division, and splitting the 5111 Colonial lot down the middle creates an eastern side setback from the existing house that is less than the minimum 22.5 feet required by city code. After considering alternative plans, including the demolition of the existing house, the applicant has decided to keep the existing house and apply for a variance to allow a new lot that is less than 15,000 square feet. The existing home at 5111 Colonial Drive. The height of the wall on the left side of the image and the slope of the roof necessitates a 22.5 foot side setback. (Image: applicant) In reviewing this application, staff reviewed the request against the standards in Section 113- 27(c) of the Code, which provides the variance standards in compliance with Minnesota State Statute Section 462.357. The burden of proof is on the applicant to show that the request is in harmony with the general purposes and intent of this chapter and consistent with the Comprehensive Plan. Each variance application must be reviewed based on the unique circumstance of the application. For that reason, no variance sets a precedent because no two circumstances are 175 identical. However, if the city finds itself granting numerous similar variances, the City could consider amendments to the city code. Staff considered the following requirements in Section 113-27(c) when evaluating the variance requests: 1.A variance may only be granted when the petitioner for the variance establishes that there are practical difficulties in complying with this chapter. The term "practical difficulties," as used in connection with the granting of a variance, means the applicant shows compliance with the following: a.The property owner must propose to use the property in a reasonable manner. The applicant proposes to build a new single-family home on the new lot and renovate the current home on the existing lot. The adjacent properties are single-family homes. Staff finds that the proposed use of a single-family home is a reasonable use of the property. b.The landowners’ problem must be due to circumstances unique to the property that is not caused by the landowner. The existing home, while meeting all minimum setbacks on the current lot, would not meet the required setback if the lot was split down the middle . Moving the eastern property line to the east to accommodate the existing home creates a new lot that is less than 15,000 square feet as required by code. New lots in the R-1 district must be at least 15,000 square feet if the average lot size of all lots within 250 feet is 18,000 square feet or more. One property in this buffer, 5001 Colonial Drive, is 126,352 square feet and brings the average lot size up to over 22,000 square feet. When 5001 Colonial Drive is excluded from the average lot size calculation, the average lot size is under 18,000 square feet. This lot is significantly bigger than other single family lots in the neighborhood and throughout the R-1 zoning. Staff finds that there are unique circumstances on the property that were not caused by the landowner. Specifically, the landowner did not construct the existing house but wants to keep it on the lot; and the unusual size of the lot at 5001 Colonial Drive triggers a larger minimum lot size requirement than what would otherwise be required at this property. c.And the variance, if granted, must not alter the essential character of the locality . The neighborhood is predominantly single-family homes, which is the proposed use of the new lot. The smaller of the two new lots, while under 15,000 square feet, is over the 10,000 square feet normally required in the R-1 district and is comparable in size to most single-family lots in the vicinity. 176 Staff finds that variance, if granted, would not alter the essential character of the neighborhood. The use is consistent with the rest of the neighborhood, and the variance would allow two new lots that are consistent in size with other lots in the neighborhood. 2.Economic considerations alone do not constitute practical difficulties. The applicant argues the variance request is due to location and design of the existing house and an unusually large single-family lot within 250 feet of the project site. Staff agrees with the applicant and finds that the practical difficulties in the variance request are not solely due to economic considerations. 3.The Board of Zoning Appeals may not grant a variance that would allow any use that is not allowed under this chapter for property in the zone where the affected person's land is located. The property is located in the Single Family Residential (R-1) zoning district. The applicant proposes building a single-family house on the new lot, which is a permitted use. Staff finds the variance will not permit a use not allowed in the zoning district where the property is located. 4.Variances shall only be permitted when they are in harmony with the general purposes and intent of this chapter and when the variances are consistent with the Comprehensive Plan. Staff finds that the variance is in line with the purpose of the R-1 district, which is “to provide for detached single-family dwelling units at a low density along with directly related and complementary uses.” Staff also finds that the proposal to renovate the existing house is in line with the first housing goal of the 2040 Comprehensive Plan which is to “Maintain Housing Quality - Maintain a high-quality living environment, preserve stable residential neighborhoods, and where necessary, improve of the condition of existing housing stock in the City.” The applicant’s plans also support Objective 1 of this goal: “support the rehabilitation and reinvestment of the housing stock as structures continue to age.” Staff finds the variance request is in harmony with the 2040 Comprehensive Plan and the R-1 Single Family Residence zoning district. 5.Finally, when reviewing a variance, the City must first determine whether or not there is a practical difficulty and, if so, is the requested variance the minimum action necessary to eliminate the practical difficulty? The applicant considered alternative plans including demolishing the existing house, but ultimately decided to apply for a variance. Staff finds demolition would be more costly to the applicant and less beneficial to the neighborhood by removing an existing home, so the minimum action necessary to eliminate the practical difficulty would be to grant a variance. The Development Review Committee, which includes staff from planning, fire, building, public works, engineering, and environmental resources, has reviewed the project plans. Engineering 177 requests a shared access agreement be required over the new shared driveway. City staff have no other concerns or conditions. Staff Recommendation The Board should review the applicants’ request and the findings needed to grant the minor subdivision and variance. 1.Staff recommends the Planning Commission recommend approval of the variance request for a reduction of 2,000 square feet to the minimum lot size, from 15,000 to 13,000 square feet, based on the finding that the city code standards have been met as outlined in the Staff Report. 2.Staff recommends the Planning Commission recommend approval of the minor subdivision request to subdivide one lot into two new lots based on the finding that the city code standards have been met as outlined in the Staff Report with the following conditions: a.The applicant shall provide drainage and utility easements on the final plat. b.The applicant must provide a shared access easement over the new driveway to allow permanent access for both lots. c.Before the plat is recorded with the county, the applicant shall pay park dedication fees. d.All necessary city permits will be obtained prior to the start of construction, including but not limited to the building permit and stormwater management permit. Recommended motion language: 1.Variance: “I move to recommend approval of the variance request to reduce the minimum lot size from 15,000 to 13,000 square feet, subject to the findings and conditions in the February 24, 2025, staff report.” 2.Minor Subdivision: “I move to recommend approval of the minor subdivision request to subdivide the lot at 5111 Colonial Drive into two lots, subject to the findings and conditions in the February 24, 2025 staff report.” Next Steps City Council will take action on the minor subdivision and variance applications on March 18, 2024. City Council will take action on the final plat application later this spring. If the final plat is approved by the City Council, the subdivider shall then file it for recording with the Hennepin County Recorder or the Registrar of Titles within 60 days of the date of the resolution approving the final plat. If not filed within 60 days, the final plat shall be null and void unless an extension is given by the Council. 178 When recording, request digital copies of the fully recorded final plat package be sent to the Community Development Department at Planning@goldenvalleymn.gov. This is the proof of filing that is necessary for the City to issue any building permits. Staff Contact Information Prepared by: Jacquelyn Kramer Senior Planner jkramer@goldenvalleymn.gov Reviewed by: Chloe McGuire Deputy Community Development Director cmcguire@goldenvalleymn.gov 179 180 181 From: gfmatcbb@aol.com <gfmatcbb@aol.com> Sent: Tuesday, February 18, 2025 1:23 PM To: Planning <planning@goldenvalleymn.gov> Subject: Subdivision of 5111 Colonial Dr. EXTERNAL EMAIL ALERT: This message originated from outside the City of Golden Valley. Do not click links or open attachments unless you recognize the sender and know the content is safe. To Whom it May Concern, As I will be out of town during the timeframe of the meeting on February 24th, 2025, I thought I would send an email addressing my concerns as the owner of 5031 Colonial Dr. which is directly below the proposed subdivision. I did have a meeting in which Mr. Fretham wanted to purchase part of my lot so he could build 3 homes, after seeing the proposed lot line I declined as we love our privacy and the wildlife we have in our backyard. That being said, in looking at this proposal I have several concerns; 1) The watershed and where might the excess water run off in a heavy storm go, I would like assurances, in writing please, that any damage caused as a result of this construction will be remediated and or an escrow be held if indeed there is a problem. 2) I don't know what impact the Home will have on our privacy, but that was one reason that we purchased 5031 Colonial 25 years ago, we love the privacy. 3) Concerns for the displacement of the wildlife in the area which we enjoy seeing throughout the year. 4)The way the proposed house sits now it would seem to me that the garage placement would best be suited on the other side of the home, again for watershed and privacy. Those are my concerns and after being in Real Estate for 40+ years I believe they are valid and once the damage is done, there's no easy way to undo it. Thank you for your time, feel free to contact me with any questions/concerns you may have. Cordially, Guy McDonald 612-720-3441 12182 CITY OF GOLDEN VALLEY PLANNING COMMISSION MEETING MINUTES Monday,February 24, 2025,–6:30 p.m.| City Hall Council Chamber 7800 Golden Valley Road Golden Valley, MN 55427 1.CALL TO ORDER AND LAND ACKNOWLEDGEMENT Vice Chair Cohen called the meeting to order at 6:30 p.m.and read the Land Acknowledgement Regular Members Present: Amy Barnstorff,Adam Brookins, Gary Cohen,Chuck Segelbaum, Martin Sicotte, Eric Van Oss Regular Members Absent:Mike Ruby Student Member,Status:Vacant Staff Members Present:Chloe McGuire, Community Development Director Steven Okey, Associate Planner Council Member Present:Sophia Ginis 2.CONSENT AGENDA: a.Agenda Approval or Modifications •Cohen asked for a motion to approve •Brooks made the motion •Van Oss seconded •Approved unanimously 3.PUBLIC HEARINGS: a.5111 Colonial Drive Subdivision and Variance. McGuire presented the proposal. Cohen asked if there were any questions for staff. Segelbaum asked has the city very often granted variances in combinations with subdivisions and that to his recollection there have not. McGuire stated that she didn’t have that information at hand but could get it for the Commissioners. Segelbaum asked if the tree information is relevant to the variance decision when typically,it is not relative to subdivisions. McGuire stated Segelbaum was correct that it isn’t relevant to subdivisions as they are pretty straightforward and that the tree and stormwater requirements are a part of the City Code. Segelbaum noted he brought it up as it may come up as a public concern. Brookins asked if there was precedence in the code for shared driveways. McGuire noted generally staff is opposed to shared driveways but the slope challenges of this lot make it the only choice for access to the newly created lot. She stated a shared access agreement be recorded and we would work with the developer to make sure it is in place. Van Oss asked what is the purpose of the 15,000 square foot lot when our minimum lot size in most cases is 10,000 square feet. Okey stated that he believes it was in response to public feedback that in areas with lots larger than 10,000 square there was a desire to raise that minimum based on the surrounding lots. He stated that is how the average of the lots within 250 feet exceeding 18,000 square feet triggers the minimum 15,000 square feet. He also noted that in the case of the 5111 Colonial property there were some unusually large lots. Cohen stated he felt there was no other option than a shared drive with the sloping lot after driving by the lot. He also stated he felt it was important to spell it out clearly why there is a shared driveway and to insure there is a requirement that an agreement be put in place. 183 CITY OF GOLDEN VALLEY PLANNING COMMISSION MEETING MINUTES Monday,February 24, 2025,–6:30 p.m.| City Hall Council Chamber 7800 Golden Valley Road Golden Valley, MN 55427 Cohen asked the applicant to come up and speak. Kelsey Thompson with Lake West Development spoke. Thompson touched on the following points: o They originally didn’t realize that the lot would require the variance for the smaller size. They didn’t realize the over 123,000 square foot lot would be included in the calculations for the larger lot requirement. o They did contemplate tearing the home down but felt it was better to preserve the home in keeping with the City’s goals to preserve existing housing stock. o They are improving the stormwater runoff conditions on the new lot. Cohen asked if there were questions for the applicant. Segelbaum asked if they had considered other configurations for the lot to create a larger than 15,000 square foot even though it would have required a side setback variance. Thompson stated that they did consider alternatives but it would have necessitated two variances and that the staff would likely have not supported that path. Sicotte noted that the plans by his rough estimates are not meeting a 15-foot setback requirement and wondered if this would require another variance down the road. Thompson noted that the setback for the lot as proposed is 12.5 feet and that they would meet that so that they do not have to come back for a second variance. Cohen asked how the owner of both properties will codify the shared access agreement. Thompson confirmed both properties have the same owner and they would spell out the details in a shared access agreement so that it doesn’t create issues in the future. Cohen asked if there were further questions, seeing none, he opened the public hearing. Resident Nancy Nelson 535 Turnpike Road spoke. Nelson stated that she needed to disclose she is the Chair of the Board of Zoning Appeals and is very familiar with variances.She stated she has concerns about the positioning of the new home and if it would meet the setback standards. She asked what the rear setbacks would be, from what she was seeing it looked like it was 15 feet. Brookins commented it looks like it is approximately 38 feet from the rear property line. Nelson stated the setbacks were her main concern but she did state a concern the plans as submitted may not get built and something else will be built that may affect the neighbors. Cohen asked if there was anyone online who wished to testify. Okey confirmed there was no one online who wanted to testify. Cohen closed the public hearing and opened the item up for Commissioner’s deliberation. Segelbaum stated he wanted to follow up on Ms. Nelson’s comments about the plans that are submitted with the variance and if they are germane to the discussion on the variance. He asked if they would be something we would require holding the applicant to those plans. McGuire stated that the request in front of them is a subdivision and a variance for minimum lot size. She noted that we generally hold the applicants to the plans that are a part of the proposal because we need to see that the site works. She stated having said that as long as what is submitted meets the variance and the other zoning requirements it would be approved. She noted that we can add conditions as they pertain to the variance. Then she flagged the lot is less than 100 feet so the side setback per code would be 12.5 feet. Van Oss stated he is inclined to go with staff’s recommendation but that the minimum lot size section of code be looked at since there are probably many other lots that are subject to these issues and if we keep having to grant variances what is the point of having the minimums. 184 CITY OF GOLDEN VALLEY PLANNING COMMISSION MEETING MINUTES Monday,February 24, 2025,–6:30 p.m.| City Hall Council Chamber 7800 Golden Valley Road Golden Valley, MN 55427 Segelbaum stated he wanted to follow up on Van Oss’ comments. He wondered if there could be another way to address the varied sizes of lots and could there be maximum size and a minimum size that get removed from the calculations for the minimum lot size. He wondered if that would help with the outliers.He stated that instead of creating a situation where there may be an onslaught of applications for variances from the standards,he prefers we change the code so there may be more by right development and less need for variances. Brookins stated his concern regarding setting the lot frontage at less than 100 feet that allows for a 12.5 foot side yard setback versus the 15 foot setback and that creates more of an encroachment to a neighboring property. He also requested that on future applications that the building setbacks be shown on the plan so that it is clear. Segelbaum asked for clarification on Commissioner Brookins comment, if it was a concern about the side setback of the existing home or the proposed home. Brookins clarified that it was the side setback on the east side of the proposed home that was his concern. Van Oss asked if Commissioner Brookins would prefer that the existing lot be split down the middle and the variance would be for the side yard setback between the existing home and the proposed home. Brookins confirmed he would prefer that rather than granting something that could negatively affect the neighboring property. Segelbaum asked if Commissioner Brookins would be satisfied with a condition that no additional variance for a side yard setback would be granted for the new home. Brookins noted that by allowing an undersized lot under 15,000 square feet with a frontage less than 100 feet is creating a by right side yard setback of 12.5 feet. Segelbaum stated that if the lot has to be buildable and meet all the requirements then the home could be configured on the lot by the applicant so it meets the standards and then we could say that no additional variances would be granted. Brookins stated that if they approve the variance as proposed then it is allowing for a 12.5 foot side yard setback. Cohen asked if staff could provide some clarification. McGuire stated the existing lot of record is 100 feet wide and by granting the variance to allow a 90 foot wide lot they would be inherently allowing a 12.5 foot setback for the proposed structure. She noted that the house is proposed at 15 feet off the eastern property line. Cohen asked if the subdivision and the variance would both need to be approved for it to move forward. McGuire confirmed that Commissioner Cohen was correct. Cohen asked if the commission could add some language to the variance that makes it clear that this is not precedent setting or that the City Council needs to look more closely at the lot size questions this proposal raises. McGuire stated that the minutes from the meeting would be included in the findings of fact as a part of the official record. She also stated that staff was willing to look at minimum lot sizes in the code. She noted she thinks the motion should not include references to it being precedent setting since it is inherently how variances function. She also noted that the steep grades on the lot the building footprint would be more restricted than the setback standards. Cohen asked if that would be in the minutes the applicant is locked in on what could be built by some of the site issues. He then asked for additional comments. Brookins asked if the commission could approve the subdivision then the applicant could come back at a later date to request a variance for the existing home and meet the requirements for having two 15,000 square foot lots. 185 CITY OF GOLDEN VALLEY PLANNING COMMISSION MEETING MINUTES Monday,February 24, 2025,–6:30 p.m.| City Hall Council Chamber 7800 Golden Valley Road Golden Valley, MN 55427 McGuire stated that they two need to be brought forward together as the City Council could not approve a subdivision that does not meet the minimum lot size requirements and that adding a condition not allowing variances is not allowable since property owners have the right to apply for variances at any time. Van Oss stated he thinks the simplest solution is to have two 15,000 square foot lots in compliance with the code and to have the applicant come back for a variance for the side yard setbacks on the existing and the proposed new home. That way the burden is on the owner of the two lots and not adjacent properties. Segelbaum pointed out it isn’t what the applicant has requested and there is not a motion for that. Van Oss suggested it could be tabled. Applicant Kelsey Thompson stated that they would be open to moving the lot line and noted that staff felt the lot size was a more desirable outcome for a variance. She pointed out that the way the proposed new home is laid out it would be pretty much similar to a 15 foot side yard setback. McGuire stated staff prefers not to create nonconforming structures and staff felt that the lot is not undersized when compared to the other lots in the area. She stated it would be reasonable to add a condition that the primary wall of the eastern side of the home meets a 15 foot setback standard to address the concerns expressed by the commissioners. Barnstorff asked if the lot line were moved to make a 15,000 square foot lot would it be over or under a 100 foot wide lot. McGuire stated she was not 100% sure but that it may still result in a less than 100 foot wide lot. Van Oss stated it would be a 112 foot wide lot. Cohen noted there was a question from Nancy Nelson from the audience and asked her to approach the podium. Nancy Nelson stated that the lots around there are larger than 15,000 square feet and was supportive of adding the 15 foot setback condition to the variance. She asked for confirmation on the other setbacks. McGuire confirmed the front setback would still be 35 feet and the rear yard would be 25 feet. Cohen closed the public hearing portion again after Nancy Nelson’s questions. He then asked if someone was willing to make a motion with the additional condition for the 15 foot setback. Segelbaum stated he feels that it would be better to reexamine the code but he understands this would push back the proposal. He noted that a motion was forthcoming but he wanted to make it clear he would prefer to delay things and have staff reexamine the code since it will impact future subdivision requests. Cohen stated Commissioner Segelbaum could motion to table it if he wanted to, that they have two options. One is to table it and have it come back for review at a future date and the other is to vote on it tonight. Van Oss stated the commission owes the applicant to vote tonight if they are comfortable with staff’s recommendations of the new condition being added. He noted he also feels minimum lot size is a policy issue that the City Council should address at some point. Sicotte stated he was generally supportive of the proposal, he thinks adding the requirement for the 15 foot setback just on the east side is a good compromise and he would be supportive of the commission going that route. Brookins noted he felt the commission could not condition what was in front of them. Segelbaum stated he thought it was acceptable to add a condition to a variance and it is something that the Board of Zoning Appeals has done in the past. Cohen asked if staff could address this question. 186 CITY OF GOLDEN VALLEY PLANNING COMMISSION MEETING MINUTES Monday,February 24, 2025,–6:30 p.m.| City Hall Council Chamber 7800 Golden Valley Road Golden Valley, MN 55427 McGuire stated it was reasonable to add a condition to the variance. Cohen asked if someone would craft a motion. Brookins made the motion to recommend the approval of variance request to reduce the minimum lot size from 15,000 to 13,000 square feet subject to the findings and conditions in the February 24, 2025 staff report with the addition of a requirement for a 15 foot side yard setback on the Eastern property line. Van Oss seconded the motion Cohen brought it to a vote Barnstorff, Brookins, Cohen, Sicotte and Van Oss voted Aye. Segelbaum voted Nay. Motion passed. Brookins made the motion to recommend approval of the minor subdivision request to subdivide the lot at 5111 Colonial Drive into two lots, subject to the findings and conditions in the February 24, 2025 staff report. Barnstorff seconded the motion. Cohen brought it to a vote All voted Aye Motion passed. 4.NEW BUSINESS -None 5.STAFF UPDATES: a.Virtual option for testimony. McGuire notified the commissioners that City Council was removing the online option for testimony for their meetings but still having an option open if it is the only way for someone to provide their testimony. They would have to notify staff in advance if they wanted to testify remotely. She asked if this is something the commissioners would be open to. Commissioners felt it was still necessary to keep the online option for all meetings due to the new process where the only public hearing is at the Planning Commission meeting. It was agreed we would monitor the number of people who join remotely and revisit this at a later date. b.Boards and Commissions Recruitment. McGuire discussed the City Manager’s Office request for quotes from the Board and Commission members on why they serve and how it affects the City and its residents. The request is coming as they are beginning recruitment for boards and commissions. The topic of term limits came up and it was noted the Commissioner Barnstorff and Commissioner Brookins terms expire in April of 2025. 6.COMMISSIONER UPDATES:None 7.ADJOURNMENT:Vice Chair Cohen adjourned the meeting at 7:39 p.m. Approved by: Attest By:Commission Secretary Chloe McGuire, AICP Deputy Community Development Director 187 CITY OF GOLDEN VALLEY PLANNING COMMISSION MEETING MINUTES Monday,February 24, 2025,–6:30 p.m.| City Hall Council Chamber 7800 Golden Valley Road Golden Valley, MN 55427 188 EXECUTIVE SUMMARY Community Development 763-512-2345 / 763-512-2344 (fax) Golden Valley City Council Meeting March 18, 2025 Agenda Item 6A. Consider Appeal of Board of Zoning Appeals Variance Decision for 6601 Plymouth Avenue, Resolution No. 25-021 Prepared By Jacquelyn Kramer, Senior Planner Summary Paul Patton and Barbara Pierson, the homeowners at 6601 Plymouth Avenue North, request a variance to reduce the structure setback from the ordinary high water mark for General Development Waters (Bassett Creek) in order to expand an existing deck into a three-season porch. If approved, the variance would allow the new three-season porch to encroach four feet into the shoreland setback. The applicant constructed the existing deck in 1999 and received a number of variances at that time. The applicant applied for a variance in 2022 to reduce the shoreland setback by 13 feet in order to construct a three-season porch (with a larger footprint than in the current application). Staff recommended denial of the variance, and the Board ultimately voted to deny the request, based on the findings that the circumstances in the application were not unique to the property and were created by the landowner. The applicant met with city staff in 2024 and revised their plans before reapplying for a variance to the shoreland setback. The Board of Zoning Appeals held a public hearing on the application on February 25, 2025. Three neighbors testified in favor of the variance. Staff recommended denial of the variance and the Board voted 2-1 to deny the variance, based on the following findings: 1. The property is currently a single-family residence. The proposed three-season porch in the rear yard is a reasonable use for this type of property. 2. The circumstances on the property are caused by the landowner’s preferred design rather than intrinsic physical characteristics of the site. Furthermore, the presence of the shoreland overlay is not a unique characteristic of the property but is found on parcels throughout the city. 3. Staff finds that the variance, if granted, would alter the essential character of the locality by visually impacting the shoreland area. 4. While staff disagrees with parts of the applicant’s argument for a variance request, staff finds that the practical difficulties in the applicant’s request are not solely due to economic considerations. 5. Staff finds the variance will not permit a use not allowed in the zoning district where the property is located. 189 6. Staff finds that the variance is in line with the purpose of the R-1 district, which is “to provide for detached single-family dwelling units at a low density along with directly related and complementary uses.” After the February 25 meeting, the applicant submitted a written request to appeal the Board's decision to City Council. The applicant has submitted a narrative as part of their appeal of the Board's decision to City Council. Please see the attached letter in your packet. Legal Considerations Section 113-27(d)(4) of the City Code outlines the process for appealing decisions made by the Board of Zoning Appeals. Within 30 days of the final order of the Board, an applicant may file a written appeal with the designated staff liaison, thereby appealing the decision of the Board of Zoning Appeals to the City Council. The City Council shall, within 30 days from the date of such appeal, make its findings and determination with respect to the appeal and serve a written report thereof upon the appellant by United States mail. If no appeal is taken by the petitioner from the decision of the Board of Zoning Appeals in the manner provided above, then the decision of the Board of Zoning Appeals shall be final. Equity Considerations The applicant’s request was part of a public hearing at the February 25, 2025, Board of Zoning Appeals meeting which provided in person and remote options for residents to participate in the process consistent with Equity Pillar 2 for Inclusive and Effective Community Engagement. Recommended Action Motion to adopt Resolution No. 25-021 denying variance appeal based on findings in the staff report. Supporting Documents Resolution No. 25-021 - Denying Variance - 6601 Plymouth Avenue Board of Zoning Appeals report Board of Zoning Appeals draft meeting minutes Variance appeal for 6601 Plymouth - applicant statement 190 RESOLUTION NO. 25-021 A RESOLUTION DENYING A VARIANCE AT 6601 PLYMOUTH DRIVE WHEREAS,Paul Patton and Barbara Pierson, the homeowners at 6601 Plymouth Avenue North, request a variance to reduce the structure setback from the ordinary high water mark for General Development Waters (Bassett Creek) in order to expand an existing deck into a three-season porch; and WHEREAS, the proposed variance is situated upon lands in Hennepin County, Minnesota, legally described in “Exhibit A”; and WHEREAS, on February 25, 2025, the Golden Valley Board of Zoning Appeals held a public hearing on the application; and WHEREAS, based on the testimony, evidence presented, and files and records, the Board of Zoning Appeals determined that the requested variance does not meet the requirements of City Code Section 113-27(c) necessary to be met for the Board of Zoning Appeals to grant variances, and makes the following findings: 1. The property is currently a single-family residence. The proposed three-season porch in the rear yard is a reasonable use for this type of property. 2. The circumstances on the property are caused by the landowner’s preferred design rather than intrinsic physical characteristics of the site. Furthermore, the presence of the shoreland overlay is not a unique characteristic of the property but is found on parcels throughout the city. 3. The variance, if granted, would alter the essential character of the locality by visually impacting the shoreland area. 4. The practical difficulties in the applicant’s request are not solely due to economic considerations. 5. The variance will not permit a use not allowed in the zoning district where the property is located. 6. The variance is in line with the purpose of the R-1 district, which is “to provide for detached single-family dwelling units at a low density along with directly related and complementary uses.” WHEREAS, at the February 25 meeting the Board of Zoning Appeals voted 2-1 to deny the variance request; and WHEREAS, within 30 days of the final order of the Board of Zoning Appeals, the applicant has filed a written appeal with the designated staff liaison, thereby appealing the decision of the Board of Zoning Appeals to the City Council. NOW THEREFORE, BE IT RESOLVED, BY THE CITY COUNCIL OF THE CITY OF GOLDEN VALLEY, MINNESOTA that this Council adopts Resolution No. 25-021 denying the variance request to reduce the shoreland setback distance at 6601 Plymouth Avenue. Adopted by the City Council this 18thday of March, 2025. 191 Resolution No. 25-021 March 18, 2025 _____________________ Roslyn Harmon, Mayor ATTEST: _____________________________ Theresa Schyma, City Clerk 192 Resolution No. 25-021 March 18, 2025 Exhibit A: Legal Description That part of Lots 367, 368, 377 and 378 lying North of a line running from a point on the west line of Lot 378 distance 223.35 feet northerly from the southwest corner thereof to a point on the east line of Lot 368 distance 99.79 feet southerly from the northeast corner thereof; BELMONT, Hennepin County, Minnesota, according to the recorded plat thereof. 193 EXECUTIVE SUMMARY Community Development 763-512-2345 / 763-512-2344 (fax) Golden Valley Board of Zoning Appeals Meeting February 25, 2025 Agenda Item 3.B. 6601 Plymouth Avenue Prepared By Jacquelyn Kramer, Senior Planner Summary Paul Patton and Barbara Pierson, the homeowners at 6601 Plymouth Avenue North, request a variance to reduce the structure setback from the ordinary high water mark for General Development Waters (Bassett Creek) in order to expand an existing deck into a three-season porch. Relevant code section: Section 113-149, Shoreland Management, Subd. (e)(1) Zoning Provisions: Standards. If approved, the variance would allow the new three-season porch to encroach four feet into the shoreland setback. Recommended Action Motion to deny the variance request for a reduction of four feet to the 50-foot structure setback from the ordinary high water for General Development Waters (Bassett Creek), based in the findings in the February 25, 2025, staff report. Supporting Documents 6601 Plymouth Avenue Report 6601 Plymouth Avenue Survey 6601 Plymouth Avenue Photos 6601 Plymouth Avenue Applicant Narrative 194 Date: February 25, 2025 To: Golden Valley Board of Zoning Appeals (BZA) From: Jacquelyn Kramer, Senior Planner Subject:Request for Variance to Golden Valley City Code – 6601 Plymouth Avenue Subject Property Location:6601 Plymouth Avenue Parcel ID Number:2911821440103 Applicant/Property Owner: Paul Patton & Barbara Pierson Site Size:0.3 acres, 13,117 square feet Future Land Use:Low Density Residential Zoning District:R-1 Single Family Residential Existing Use:Single-family residence Adjacent Properties:Single family homes Site Image v v 6601 Plymouth Avenue6601 Plymouth Avenue 195 The property contains a single-family home constructed in 1955. It fronts onto Plymouth Ave to the north and abuts Bassett Creek to the south. The lot drops down to the creek from the high point near the roadway. An elevated deck sits to the rear and the one-story home, built in 1955, has a walkout onto a patio that is covered with pavers. The property was granted a number of variances in 1999 to allow for the construction of the deck. These involved making legal existing nonconformities with respect to the front and side setbacks, as well as a 10-foot variance from the shoreland setback of 50 feet for the home. The deck received a variance from the side yard setback of 5.35 feet off of the required 15 feet but did not extend into the shoreland setback which at the time was interpreted as a distance of 50 feet from the high water mark. A more accurate interpretation of the shoreland overlay area, as well as modifications to the grading of the stream bank as part of a restoration project, have resulted in an established ordinary high water elevation of 871. A recent survey shows that measuring from this elevation contour puts the existing deck as well as a greater portion of the home within the shoreland setback. The applicant applied for a variance in 2022 to reduce the shoreland setback by 13 feet in order to construct a three-season porch (with a larger footprint than in the current application). Staff recommended denial of the variance, and the Board ultimately voted to deny the request, based on the findings that the circumstances in the application were not unique to the property and were created by the landowner. The applicant met with city staff to discuss options for the proposed three season porch in 2021 and again in June 2024. Planning and Engineering staff reviewed the request for an expansion of the existing deck and in the end offered a limited compromise which was that support could be offered for a three-season porch constructed as part of a conversion of the existing deck, but that no support would be given for a horizontal expansion of the deck/ porch. Similarly, staff preferred not to see an expansion of the paved area below the deck, and in fact encouraged the removal of an existing paved area in the southwest portion of the lot much closer to Bassett Creek. Shoreland Overlay District.The City’s shoreland overlay is intended to regulate the subdivision, use and development of the shorelands of public waters and for purposes of preserving and enhancing the quality of surface waters, preserving the economic and natural environmental values of shorelands, and providing for the wise utilization of waters and related land resources. Ȟaȟá Wakpádaŋ (Bassett Creek) has been identified by the DNR as a General Development Stream and due to that classification, there is a shoreland overlay district that extends 50 feet from the contour determined to the ordinary high water elevation. Within this setback, most structures are prohibited in order to preserve the quality and natural character of these protected waters of the City. Existing structures are allowed to remain but are deemed to be nonconforming and may not be expanded without approval through a variance. Ultimately, staff is striving to review the proposal with an eye towards the purpose of the shoreland area to preserve, to the extent possible, the natural look and feel of the 50 foot 196 swath adjacent to the ordinary high water elevation as well as the consideration of the experience of those using the public water of the creek or viewing across it from the other side. Planning Analysis In reviewing this application, staff reviewed the request against the standards in Section 113- 27(c) of the Code, which provides the variance standards in compliance with Minnesota State Statute Section 462.357. The burden of proof is on the applicant to show that the request is in harmony with the general purposes and intent of this chapter and consistent with the Comprehensive Plan. Each variance application must be reviewed based on the unique circumstance of the application. For that reason, no variance sets a precedent because no two circumstances are identical. However, if the city finds itself granting numerous similar variances, the City could consider amendments to the city code. Staff considered the following requirements in Section 113-27(c) when evaluating the variance requests: 1. A variance may only be granted when the petitioner for the variance establishes that there are practical difficulties in complying with this chapter. The term "practical difficulties," as used in connection with the granting of a variance, means the applicant shows compliance with the following: a.The property owner must propose to use the property in a reasonable manner. The property is currently a single-family residence. The proposed three-season porch in the rear yard is a reasonable use for this type of property. b. The landowners’ problem must be due to circumstances unique to the property that is not caused by the landowner. Unique circumstances relate to physical characteristics of a particular site such as lot dimensions, steep slopes, poor soils, wetlands, and trees that prevent compliance with the required setback. These do not include physical limitations created by the property owner or personal circumstances such as a growing family or design preferences. The updated interpretation of the shoreland overlay area, as well as modifications to the grading of the stream bank as part of a restoration project, have led to the existing deck’s location in the shoreland setback area. This circumstance was not created by the landowner. However, the proposed three season porch design extends horizontally beyond the existing deck’s footprint and thus encroaches farther into the setback area. This design is based on the landowner’s design preference rather than the physical characteristics of the site. Although the current design encroaches the setback less than the 2022 proposal, it still increases the encroachment beyond the existing deck footprint. 197 Other properties in the shoreland overlay district must comply with the same shoreland boundaries as the application site. Staff finds the circumstances on the property are caused by the landowner’s preferred design rather than intrinsic physical characteristics of the site. Furthermore, the presence of the shoreland overlay is not a unique characteristic of the property but is found on parcels throughout the city. c. And the variance, if granted, must not alter the essential character of the locality. Staff agrees with the applicant that a three-season porch is a common feature on homes in Golden Valley, and this structure alone does not alter the essential character of the locality. However, the presence of the creek and associated shoreland overlay requires a higher level of scrutiny. The shoreland overlay setback requirements are designed to preserve the natural characteristics of protected waters and limit the intrusion of structures or other uses that may detract from the experience of using protected waters such as Ȟaȟá Wakpádaŋ (Bassett Creek). The proposed three-season porch would have a greater visual impact than the existing open-air deck. Staff finds that the variance, if granted, would alter the essential character of the locality by visually impacting the shoreland area. 2.Economic considerations alone do not constitute practical difficulties. The applicant argues the variance request is due to unique physical and design conditions on the lot that are not present on other parcels in the shoreland area. While Staff disagrees with parts of the applicant’s argument for a variance request, staff finds that the practical difficulties in the applicant’s request are not solely due to economic considerations. 3.The Board of Zoning Appeals may not grant a variance that would allow any use that is not allowed under this chapter for property in the zone where the affected person's land is located. The property is located in the Single Family Residential (R-1)zoning district. The applicant proposes building a three-season porch in the rear yard, which is a permitted use. Staff finds the variance will not permit a use not allowed in the zoning district where the property is located. 4.Variances shall only be permitted when they are in harmony with the general purposes and intent of this chapter and when the variances are consistent with the Comprehensive Plan.Staff finds that the variance is in line with the purpose of the R-1 district, which is “to provide for detached single-family dwelling units at a low density along with directly related and complementary uses.” 198 The variance request is not necessarily aligned with the purpose of the Shoreland Overlay District which is to provide for the wise utilization of shoreland areas in order to preserve the quality and natural character of these protected waters of the City. 5. Finally, when reviewing a variance, the City must first determine whether or not there is a practical difficulty and, if so, is the requested variance the minimum action necessary to eliminate the practical difficulty? City staff have discussed alternative plans with the applicant. Staff finds the minimum action necessary to eliminate the practical difficulty is to design a three-season porch within the existing footprint of the deck. The Development Review Committee, which includes staff from planning, fire, building, public works, engineering, and environmental resources, has reviewed the project plans. Engineering staff provided additional guidance on variance applications from the DNR, which were incorporated into the staff findings above. If the Board approves the variance application, Engineering staff have provided some conditions of approval to minimize the impacts of the project on the shoreland. Staff Recommendation The Board should review the applicants’ request and the findings needed to grant a variance. Staff recommends the Board move to deny the variance request for a four-foot reduction to the shoreland structure setback based on the finding that the variance standards have not been met as outlined in the Staff Report. Recommended motion language:“I move to deny the variance request to reduce the 50-foot structure setback from the ordinary high water for General Development Waters (Bassett Creek), based in the findings in the February 25, 2025, staff report.” Next Steps If the Board approves the variance request : the applicant will finalize construction plans and apply for building permits. Staff recommend the conditions of approval suggested by Engineering staff be required before final CO is issued. If the Board denies the variance request: the applicant may appeal the decision to the City Council per the process described in Section 113-27(d)(4). If the applicant does not appeal the Board’s decision, or if City Council upholds the Board’s decision, the applicant will need to revise their plans to comply with the current shoreland setbacks on the property before applying for building permits or applying for another variance. 199 7200 Page 1 of 1 6601 Plymouth Ave N. – 3 Season Porch 1/2/25 Variance6601_2024_Photos 201 Page 1 of 12 6601 Plymouth Ave N. – 3 Season Porch 1/2/25 Variance6601_2024_Supplement Variance application for a screen porch addition at 6601 Plymouth Ave N. Golden Valley, MN 55427 Owners: Paul Patton & Barbara Pierson 612-418-4895 (Paul) paul@dysym.com Legal description of the property (from the survey document): That part of Lots 367, 368, 377 and 378 lying North of a line running from a point on the west line of Lot 378 distance 223.35 feet northerly from the southwest corner thereof to a point on the east line of Lot 368 distance 99.79 feet southerly from the northeast corner thereof, BELMONT, Hennepin County, Minnesota, according to the recorded plat thereof. 1.Overview Illustrations: This document begins with illustrations showing: 1.The deck as it currently exists. 2.A design concept that was deemed approvable by city planning but which fails to provide good features. 3.The previous requested variance which was reviewed by the zoning board in September 2022. Denial was recommended by city planning and the variance was unanimously rejected by the zoning board. 4.The design for this currently requested variance. 5.The additional area vs. the approvable concept of item 2 above. 6.A comparison of the rejected 2022 request and the current request. This is followed by supplemental information, an illustration of the additions and changes overlayed on an image of the survey, and a final section summarizing the features of the requested variance. 202 Page 2 of 12 6601 Plymouth Ave N. – 3 Season Porch 1/2/25 Variance6601_2024_Supplement 1.1. Existing deck: The existing deck is shown above in relationship to the house. It is accessed via a sliding door in the dining area at the top right. The stairs go from the deck down to the walk-out basement level. The existing deck was built in 2000 to be compliant with the shoreland setback from Bassett Creek. A survey in 1999 for the purpose of building the deck shows the setback at that time as it is illustrated above. It was defined as a measurement from the Ordinary High-Water Level (OHWL) of the creek and, as it is today, the required distance was 50 feet. The distance to the OHWL has not changed in the past 25 years. Currently, the setback is defined as measured from the top of the bank and this new line is shown according to a survey done in 2020. 203 Page 3 of 12 6601 Plymouth Ave N. – 3 Season Porch 1/2/25 Variance6601_2024_Supplement 1.2. An approvable design with bad features: In documents for the denied 2022 variance and also in a recent meeting (June 26th 2024), city planners said they could recommend approval of a 3-season porch if it is built within the outline of the existing deck. We do want a portion of the outdoor deck to be preserved as illustrated on the left of this drawing above. One consequence of this design is a screen porch that is a cramped space for ordinary furniture. But more important: The primary appeal of adding this feature to our house is to extend the living space in a gracious and attractive way, as a small room that is inviting just outside the door. If it is built strictly within the outline of the current deck then the cross-hatched area is neither practical nor attractive: it is either an enclosed hallway just outside the house, or it is an outdoor space where we exit the house onto a remnant of the existing deck and then go in through another door to the screen porch such that it functions as a semi-connected gazebo. All of the square footage that is cross hatched above becomes “hallway” space that is non-functional except as a place to walk. 204 Page 4 of 12 6601 Plymouth Ave N. – 3 Season Porch 1/2/25 Variance6601_2024_Supplement 1.3. Rejected in 2022: In September of 2022 a variance was requested to build a new screen porch in the rectangular space shown above. City planners recommended that it should not be granted and the board voted unanimously to deny the variance. 205 Page 5 of 12 6601 Plymouth Ave N. – 3 Season Porch 1/2/25 Variance6601_2024_Supplement 1.4. The new variance request: The screen porch area requested by this variance allows the space just outside of the door to be somewhat more attractive, kind of unique, and more functional than a hallway. It’s an odd shape but there are some furniture arrangements that will work. It is a more difficult and expensive design than a simple rectangle and thus, regarding both the geometry and the cost, it is a significant compromise for the homeowners. The vertical dashed line on the left side of the porch outline indicates that this wall might shift left by a foot or two, reducing the open deck on the left and somewhat increasing the screen porch. The other sides are final as proposed and they are specifically defined in the last section of this supplement. 206 Page 6 of 12 6601 Plymouth Ave N. – 3 Season Porch 1/2/25 Variance6601_2024_Supplement 1.5. Added area: The shading shows the area that is beyond the outline of the current deck. Note that it does not increase the amount by which the deck intrudes upon the 2020 survey’s setback line. Thus, the new screen porch is within the outline of the current deck in spirit, if not in exact detail. Also shown: the bottom flight of the stairway will be rebuilt to come down at an angle parallel to the wall of the screen porch. This is necessary: leaving the stair as-is would mean ducking low and bumping your head as you come down the lower flight. 207 Page 7 of 12 6601 Plymouth Ave N. – 3 Season Porch 1/2/25 Variance6601_2024_Supplement 1.6. Compared to the rejected 2022 variance request: The new proposed screen porch requires a variance of 4 feet whereas the 2022 request asked for more than 10 feet beyond the 2020 survey setback line. 208 Page 8 of 12 6601 Plymouth Ave N. – 3 Season Porch 1/2/25 Variance6601_2024_Supplement Supplemental Information cited in the variance application form: 2.Unique Conditions There are multiple conditions that are unique for this variance and serve to distinguish it. Thus, the granting of this variance will not erode zoning interpretations for other applications by setting a bad precedent. Briefly: 1.The amount of setback intrusion will not increase. 2.The proposed porch is elevated one story above the ground. 3.The ecology of the creek will be preserved and improved. 4.The appearance of/from the creek and adjacent properties is not affected. 5.The essential character and appearance of the neighborhood is compatible. 6.It is not within the 100-year flood plain. Details about each of these points: 2.1. Amount of setback intrusion does not change. The proposed 3 season porch does not increase the amount by which the deck or porch is over the 50- foot setback line. 2.2. New porch is elevated. The 3-season porch is not a ground level addition. The new porch will be elevated on posts by one story to put it up on the main level. Thus, the only new features at ground level within the setback area are post footings, posts, and the change in angle of the stairway. 2.3. New porch will not degrade the creek. This project also includes improvements. Because of its placement and elevation, the new porch will not negatively affect the runoff, drainage, nearby vegetation, or any other aspect that would alter the creek's ecology and habitat, appearance, or environment vs. what is present now. Improvements to these will also be part of this project; thus, the net result is positive, not negative. •Drainage and Filtering: Currently rain is filtered by the lawn and the restored creek bank. The new porch will not alter the amount of rain reaching this area nor change the runoff pattern. •Ecology and Habitat: The proposed porch area does not currently contribute to the natural ecology of the creek shore and the new porch will neither improve nor degrade the part of our property that is directly involved in creek habitat. •Runoff: The proposed porch will be partly above an existing patio; thus, with no change to existing surfaces the additional hard surface/runoff area would be slightly increased. However, a compensation will offset this impact by the removal of a hard-surface patio area that is beyond the shadow of the porch – this is illustrated below in section 4. The variance may stipulate this hard surface reduction as described in the final section of this document. •Rain Garden: This variance request includes the establishment of a new rain garden or catch basin area to the east of the porch – this is illustrated below in section 4. The rain garden is intended and included in this variance as a compensating offset for concerns about runoff impact. The variance may stipulate this rain garden as described in the final section of this document. 209 Page 9 of 12 6601 Plymouth Ave N. – 3 Season Porch 1/2/25 Variance6601_2024_Supplement 2.4. The view is not degraded. In the past city planners have said that a concern we must address regarding the Shoreland Overlay setback is the preservation of the view from the water and from adjacent property. View from the water: Our proposed screen porch would not have a significant impact on the view from the water and in fact the screen porch would not have ANY effect on the view from the water except to someone who managed to stand up in their canoe or kayak to look up and over the bank behind them as they go downstream. In that case they might see a nice-looking porch well back from the creek. They are very unlikely to say, “That porch is only 56 feet away from me, it surely would be better if it was 60 feet away.” Why “56” feet? Today a creek has a different setback definition than a lake or pond: the top of the bank vs. the ordinary high water level. There are ecological reasons for that, but none of these apply to the view. The view is from the water, not the top of the bank, and the proposed porch will be 56 feet from the water. Neither the deck nor the proposed porch intrudes at all upon the original 50 foot setback from the Ordinary High Water Level. Additionally, the “top of the bank” is quite arbitrary for an urban creek, for example the grading of our neighbor’s yard puts the top of the bank only a few feet from the water’s edge whereas the grading of our back yard puts the top of the bank about 9 feet from the water. Our setback is 7 feet more restrictive than his. If our back yard was graded like our neighbor’s yard we would not need this variance at all. View for our neighbors: If the view from the neighbor’s back yard were impacted that suggests that they might say “That porch is only 80 feet away, it would be better if it was 84 feet.” View is completely dominated by other factors: Also note that the house itself extends 20 feet into the setback: the easternmost corner is about 30 feet from the creek. This existing intrusion dates from when the house was originally built in 1955. Moreover, the view is dominated by two more houses immediately downstream (east of our house) that are within 20 feet of the water’s edge and about 10 feet from the top of the bank, and the second one has a bridge to connect the house to their back yard. A screen porch 56 feet from the water’s edge will not degrade anybody’s view. 2.5. Neighborhood character and appearance. In the immediate neighborhood: Our existing house and the two downstream houses (described in 2.4 just above) preclude any character or appearance negatives caused by the screen porch. These three existing intrusions all are at ground level and much closer to the creek than the elevated porch will be. Thus, the appearance of the creekside area is entirely due to these existing ground level conditions; the new elevated porch will not be at all noticeable as an additional intrusion. 210 Page 10 of 12 6601 Plymouth Ave N. – 3 Season Porch 1/2/25 Variance6601_2024_Supplement For the wider neighborhood: As mentioned within the variance application, a screen porch is a very common feature of Golden Valley homes. 2.6. No part of the porch is in the flood plain. The creek will not surround the closest posts supporting the porch even during a 100-year flood. The closest post of the porch will be 15 feet beyond and 2 feet above the location and elevation of a 100-year flood as described by this reference: BCMWC 2015 Watershed Management Plan (revised 2017) https://www.bassettcreekwmo.org/application/files/7515/0825/5162/FINAL_REVISED_BCWMC_Section_2_August_2017_Rev3.pdf The 100-year flood elevation is shown in "Table 2-9 BCWMC Flood Profiles" as 873 at Florida (1/2 block east) and 874 at Hampshire (1/2 block west). The elevation used is the higher of these: 874. This elevation line is shown on the 2020 survey of the property and can be seen in the illustration in section 4 of this document. 3.Alternatives The proposed porch is located as far from the creek as it can be and still provide its purpose. There is no good alternative location; that is, moving it to the west to entirely replace the current deck does not significantly alter the intrusion and has several drawbacks: 3.1. Replace the current deck with the new screen porch. 1)On the west end it would then impose upon the side setback, 2)A structure there would be a much greater intrusion upon sightlines from the street and from our west neighbor's yard than the proposed design. These concerns are best served by putting the new screen porch as proposed, nearer the center behind the house. 3)If the screen porch replaced the deck then it would be adjacent to a bedroom and bathroom. Access would be via an outdoor or enclosed “hallway” from the main living area. A three-season porch is by its nature an extension of the main living area and thus should be connected to that area. As proposed, it will be outside of the living/dining area and the door can be left open to use it as part of the house. 4)As shown by the illustrations the overall intrusion upon the modern definition of the Shoreland Overlay setback would not be changed; that is, it still would intrude in this location too. 3.2. Make it smaller. As proposed the porch is a triangle-shaped room and because of this the square footage is less usable than it would be in a rectangular space. It is as small as possible while still fulfilling its purpose. Making it even smaller would remove the possiblity of enjoying it as an area that would seat 4 people. It is smaller than we prefer, the shape is less workable than we prefer, and the cost is more than we want to spend. (This additional cost includes hiring an engineering firm to design the oddly-shaped support structure that is required and also the cost of non-standard, custom-made elements.) However, with all of this considered the design as-requested is a compromise that remains acceptable. 211 Page 11 of 12 6601 Plymouth Ave N. – 3 Season Porch 1/2/25 Variance6601_2024_Supplement 4.Changes Superimposed on the Survey The illustration below uses the 2020 survey as the underlying layer. On top of this other features are shown. •The New Screen Porch •The Changed Stairway shows the bottom flight of stairs coming down from the deck altered to a different angle vs. the current stairway. •Patio Fill – shows a small area of the existing patio filled in because the bottom of the revised stairway will be too close to an existing step down to the lawn. •Patio Section Removed is compensation to help offset ecological impact of the new porch. This removal includes at least 100 square feet of existing patio, repaired as a permeable surface such as grass or a native/pollinator plant area. (As shown, a native/pollinator area is planned to also replace a large amount of existing lawn.) •The New Rain Garden addition also is compensation to improve the drainage ecology and offset the new screen porch. It is shown below in the eastern part of the back yard, but the final landscape design may place it elsewhere such as more centered behind the house. In any case it will be at least 80 square feet and will be built to professional standards for this type of feature. •At the far Eastern edge, the Pavers Removed are shown. The survey determined that pavers were too close to the lot line. They originally were placed to manage a muddy area outside of a walk-out door on the east side of the SE corner of the basement. 212 Page 12 of 12 6601 Plymouth Ave N. – 3 Season Porch 1/2/25 Variance6601_2024_Supplement 5.Summary 5.1. It is fair and reasonable to allow this variance. It is both fair and reasonable to allow a property owner to add a 3-season porch to their home. At this address there are special concerns, and a property that adjoins public waters does include responsibility to preserve this for others. The Shoreland Overlay setback is part of that responsibility. Each of the points above is about how this porch addition will not affect or subvert that responsibility. This property does not comply with modern setback standards on all four sides, but that does not revoke the owner’s expectation of a right to use their property in a way that is fair and reasonable. That is, of course, why there is such a thing as a variance: to preserve that right when there are mitigating and exceptional conditions. Our proposal includes choices specifically to abide by the intent and purpose of the Shoreland Overlay setback. This plan does not – indeed it cannot – meet those setback requirements exactly. A variance for this fair and reasonable use is appropriate and should be granted. 5.2. Therefore: Please grant a variance that will allow the construction of a new 3 season porch with the following stipulations: •The building envelope of the new porch will be no larger than 22 feet east-to-west and no larger than 11 feet 6 inches north-to-south. [The illustrations in this document all show the triangular shaped porch as 20 feet by 11 feet. The 22 foot maximum of this request will allow the western wall to perhaps be somewhat farther into the existing deck as shown by the dashed line and described in section 1.4. The north-south dimension is limited by the existing stairs because the top flight will remain as it is: about an inch more than 11 feet from the house wall, thus the extra 6 inches is merely to allow the finished design to perhaps slightly exceed 11 feet by a few inches.] •The building envelope of the new porch will extend beyond the 50-foot Shoreland Overlay setback line as shown by the certified survey by no more than 4 feet. •Neither the new porch nor its stairway will increase the intrusion into the setback that is currently present due to the existing deck. •The porch will be elevated up to the main level of the house. The only new intrusions within the 50- foot setback at ground level will be the porch's supporting posts and post footings (buried concrete pillars). •The lower flight of stairs from the existing deck will be modified to descend at a different angle parallel to the south wall of the new porch. •The building envelope of the new porch will not extend at all into the side setback. •This variance may include a requirement that, as part of this project, at least 100 square feet of existing patio paving will be removed and replaced with a permeable, planted area. •This variance may include a requirement that, as part of this project, at least 80 square feet of existing lawn will be converted to become a catch basin / rain garden, built according to professional standards. •Unrelated to the porch itself: this variance may include a requirement that pavers on the east side of the house are removed such that the paver area is 3 feet from the lot line. 213 MEETING MINUTES 1.Call to Order and Land Acknowledgement Chair Nelson called the meeting to order at 7 p.m. & read the Land Acknowledgement. a. Members Present: Nelson, Parkes, Commissioner Cohen b. Student Member: Vacant c. Staff Members Present: Chloe McGuire, Deputy Community Development Director Steven Okey, Associate Planner d. Council Liaison: Councilor Rosenquist 2. Consent Agenda Cohen made motion to approve. Parkes seconded. Voted unanimously for approval. 3.Public Hearings 3a. 6701 Plymouth Avenue North Applicant:Matte Cooke, on behalf of Sumba Properties, LLC Request:Request for a variance a to reduce the minimum front setback along Hampshire Avenue North from 35 feet to five feet. Okey presented the staff report. Nelson asked what is the sized of the new lot. Okey stated it will be 7,146 square feet. Nelson noted we have a lot of corner lots in Golden Valley but this one has some unique characteristics. She then asked what the other lot setbacks will be. Okey stated the front setback is 35’, the rear setback is 25’ and the side will be 5’ based on the lot is less than 50’ wide and so the side setback is 10% not to go less than 5’. Cohen asked if the driveway access that runs along the south side of the 6701 lot is toing to be a shared driveway between the two lots (6701 & 6709). Okey explained it is only an access for 6709 Plymouth and that 6701 Plymouth will have an access on to Plymouth Avenue and noted that 6709 cannot have an access on Plymouth due to the fact that the existing home is too close to the street. He also noted this will be an easement agreement. Nelson asked the applicant to speak. Applicant Matt Cooke spoke: o He stated he didn’t have much to add to the presentation but noted that there will be a curb cut on Plymouth Avenue for the new home at 6701 Plymouth Avenue. He also noted that there will be a curb cut on Hampshire Avenue to allow for the access easement for 6709 Plymouth. February 25, 2025 –7 pm City Hall: Council Chamber Hybrid Meeting: Teams/Phone 214 City of Golden Valley BZA Meeting Minutes February 25, 2025 – 7 pm 2 Nelson asked what size home is being proposed. Cooke stated it is approximately a 2,000 square foot single story home, that it isn’t an oversized home for the lot. Nelson asked if he owned the properties. Cooke stated he is representing the owners who own both lots, 6709 & 6701 Plymouth. He also reiterated an easement would be granted on 6701 for the access to 6709. Nelson opened the public hearing. Paul Patton of 6601 Plymouth Avenue asked what the five foot setback is measured from. Okey stated it is from the property line which is not necessarily the curb and that there is a right of way that extends inward from the curb. Gary Bergquist of 6621 Plymouth Avenue spoke and expressed his concern about the home being too close to the street and that there is a great deal of traffic at the corner. He is concerned about the safety of adding a home here with the speeding he has witnessed as a resident. He also expressed how close the high-power lines are to the property and that they could come down on the home and that the new home would result in a loss of the greenspace and trees. Nelson asked if there was anyone online who wished to speak. McGuire Confirmed no one was online who wished to speak. Nelson closed the public hearing. Cohen asked what requirements there are for the loss of trees on the lot. Okey explained the mitigation that is required when there is a removal of more than 15% of the trees on the lot. Nelson asked if there were any other questions or comments. Parkes noted the concerns regarding traffic safety is something that the Board has been asked to weigh in on but that they defer to the City to address these. Okey stated on a project of this size we wouldn’t have required a traffic study. He then noted they measured the distance the home would be setback from Hampshire Avenue and that it is 20’ and this includes the 15’ right of way from the curb. Cohen commented a City Goal is to increase housing and that building a single-family house on a lot like this fits those goals. He noted he understands the concerns regarding the traffic and speed but that it is perhaps something that Public Works may be able to address through traffic calming measures. Parkes agreed with Cohen and that she was inclined to accept the City’s recommendation to approve the variance. Nelson noted the issues with corner lots and the two setbacks. She stated that this lot is unique because it is narrow and to be buildable the variance is required. She noted the concerns of the public about the loss of green space but that she thinks the home will improve the essential characteristics of the neighborhood. She stated she would be in favor of approving the variance and that we have to put in the condition for the easement. Parkes asked if the condition is already in the motion. Okey noted it is in the motion. Nelson asked for a motion. Parkes motioned Cohen seconded 215 City of Golden Valley BZA Meeting Minutes February 25, 2025 – 7 pm 3 Vote was taken and approved unanimously. Okey noted the condition was not stated in the motion. Parkes added it to the motion. Second vote was taken and approved unanimously. 3b. 6601 Plymouth Avenue North Applicant:Paul Patton and Barbara Pierson Request: Request for a variance to reduce the structure setback from the ordinary high-water mark for General Development Waters (Bassett Creek) in order to expand an existing deck into a three-season porch. Okey presented the staff report. Cohen asked if this deck is closer to the creek than the neighboring properties. Okey stated some of the images provided by the applicant showed the neighboring properties to the east that are close to the creek and that the deck on 6601 is further back from the creek. Parkes asked if the engineering conditions in the staff report are something they provide but that it is not an endorsement of this variance request. Okey clarified it is a list of conditions that may be suggested and some or all may be imposed. He also noted that some of them come from the Department of Natural Resources. Nelson asked the applicant to speak. Applicant Paul Patton spoke: o He stated he cares a lot about the creek and that he intends to more than offset the ecological impact by reducing adjacent patio areas and by replacing lawn with native and pollinator plants and also adding a rain garden. o He stated he is building within the footprint of the existing deck and that he has modified his design from the original variance request from 2022 so that it only will require a four foot variance. o He questioned why a wetland is considered a unique problem not created by the landlord but a creek is not. o He stated his main point is that the design preference not caused by the landowner is somewhat subjective. o He stated if the variance isn’t approved and he has to build within the footprint of the existing deck it will make the screened in porch essentially a hallway with very little space for furniture or usable space. If he were allowed to build with the additional four feet it would create a more usable space and it would not make that much of a difference in how it affects the enjoyment of the creek. o The applicant provided a presentation and used the photos to show the views of the home from the creek to show that the deck and proposed screen porch does not degrade the natural characteristics of the creek or detract from the experience. o He stated it would not visually impact the shoreline area by just adding the four foot extension on the deck. o He stated this request complies with the spirit and purpose of the shoreland overlay and through no fault of his it will not comply with a few specific details and that is the reason for the variance. 216 City of Golden Valley BZA Meeting Minutes February 25, 2025 – 7 pm 4 Nelson stated the applicant’s presentation was very well prepared. She asked the applicant if what they are saying is that the footprint of the screened porch would not intrude more than the deck. Patton stated it would not intrude more than the deck. He stated he would be connecting two corners of the deck to create a larger space for the screened porch. Parkes asked if by connecting the two corners of the deck wasn’t it indeed increasing the intrusion into the shoreland area. Patton did concede it wouldn’t be complying with the exact footprint of the existing deck because of the additional square footage that he is proposing. Parkes noted that we do look at square footage when reviewing encroachments. Patton noted the existing deck when built in 1990 was fully compliant with the Ordinary High Water Mark at that time under the previous high water standards. Okey asked a clarifying question of the applicant regarding the staircase coming down from the deck and if it was as shown in his presentations or shifted out as per the plans submitted with the variance application. Patton confirmed the staircase would have to be rotated out to accommodate head room when using the stairs as shown in the submitted plans. Okey noted the moving of the staircase out would indeed be a part of the encroachment into the shoreland setback. Patton asked about the steps allowance that is given for the front of a house and if that allowance would be applied here. Okey noted that it is a standard applied to the front of homes and would need to check to see if the allowance would be allowed here. Nelson asked if they were to approve the variance for the four foot encroachment would the stairs be covered. McGuire stated it could be approved with language regarding the plans submitted by the applicant and that would be sufficient. Nelson opened up the public hearing. Mary Ann Bergquist of 6621 Plymouth spoke and stated she has enjoyed what their neighbors at 6601 Plymouth have done with their property and that they have always taken care of their yard and is in support of them having their variance granted. Gary Bergquist of 6621 Plymouth Avenue spoke and stated he felt what the applicants are asking for is not a big deal, only being a request for four feet encroachment and that the variance should be granted. Nelson asked if there was anyone online who wished to testify. Aliya White of 6515 Plymouth Avenue spoke and stated she is their neighbor directly to the east. She noted her home is relatively close and the deck at the applicant’s property is much further back. She is supportive of the applicants having their variance request approved. Nelson closed the public hearing and opened it up for deliberation. Cohen stated he has had experience previously with shoreland districts and the DNR puts those in place for good reasons. He stated despite the detailed applicant presentation he is troubled by the incremental encroachments that may be approved via variances and the cumulative ecological affects that will have. He noted Bassett Creek has been severely degraded over the years. 217 City of Golden Valley BZA Meeting Minutes February 25, 2025 – 7 pm 5 Parkes agreed with Commissioner Cohen and stated they have heard a lot of good points about human impact and perspectives but it isn’t just the experience of humans that we need to consider, we need to consider the ecological impacts as well. Nelson stated she understands what both Parkes and Cohen are saying but personally feels the four foot request is not increasing the impact in her opinion because the deck already extends that far into the shoreland setback. Parkes noted the area of the porch denoted by the green triangle is indeed an extension into the shoreland setback. Nelson stated that Parkes was correct but she still is not troubled by it. Parkes stated she is sympathetic to the applicant’s request but if we grant variances for items like this then the exception becomes the rule. Nelson asked for a motion. Cohen made motion to deny the variance request. Parkes seconded. Nelson called for a vote. Cohen and Parkes voted Aye, Nelson Voted No. Motion to deny passed two to one. Nelson let the applicants know they have the option to appeal the decision to the City Council. 4. Commissioner Updates: Councilor Rosenquist Rosenquist updated the board on the City Council’s strategic visioning and touched on many of the goals. 5. Staff Comments a. Virtual option for testimony. McGuire discussed the option of removing the standing virtual option and asked if there were concerns with removing this going forward. Nelson stated she did not have any issues with removing it and asked Commissioner Cohen what did the Planning Commission decide to do. Cohen stated they strongly felt that they needed to keep the virtual option for every meeting. b. Boards and Commission Recruitment. McGuire discussed the City Manager’s Office request for quotes from the Board and Commission members on why they serve and how it affects the City and its residents. The request is coming as they are beginning recruitment for boards and commissions. 6.Adjourn Chair Nelson adjourned the meeting at 8:20pm. 218 3/7/2025 Variance for Screen Porch at 6601 Plymouth Page 1 of 9 Dear Ms. Kramer and planning sta2, You requested that I provide any additional information that I want you to consider as we prepare for the Council meeting. Please consider the information below. It is not new per se, but perhaps might provide a new and convincing viewpoint (I hope). If sta2 continues to object to my variance on all of the points below, it will be very di2icult for me. In just a minute or two a sta2 report can simply assert that the necessary conditions are not met. No evidence required: just a statement that sta2 has investigated it, and this is the case. In my 3 minutes I am then, in a sense, guilty until proven innocent. I need evidence for my side; I cannot simply declare. I cannot possibly accomplish this with evidence in just a few minutes, and if I exceed my time limit that also hurts my case. Thus my hope is that appealing to you might help me. I regret that you (Ms. Kramer) were not able to view my presentation at the zoning board meeting. As you know one member voted in favor of granting the variance and two were opposed. The board members did not comment very much about sta2’s points or mine. Rather the two that voted against it mostly expressed the concern that granting this variance would be a “slippery slope” (their words). Slippery slope: There are unique conditions present in my application that would ensure that this is not a bad precident, that nobody in the future could easily claim “you did it for him, why not me?” These include: 1) I am not requesting additional intrusion; the existing 4 foot intrusion will remain the same. 2) There is no ground level intrusion, the only new elements there are posts. 3) This variance includes a very significant improvement in the ecological health of the creek. 4) It does not alter the essential character of the locality. A technicality: The sta2 report states the proposed porch “encroaches farther into the setback area”. This is not so. The existing deck already encroaches by 4 feet, and the porch would be the same. The porch outline does not literally match the deck, but all of the encroachment is entirely contained within the bounds created by connecting the corners of the deck. Variances typically use language about the distance of the intrusion and the purpose: 4 feet, to build a screen porch. It’s the same 4 feet. 219 3/7/2025 Variance for Screen Porch at 6601 Plymouth Page 2 of 9 Unique to the property and not caused by the landowner: Things unique that were not caused by me include: • In 1955 the house was built too close by modern standards. I wasn’t’ there. • Prior to 1995 the creek was dug up, meanders removed, and a new trench was dug. If my yard had been graded with respect to the trench like my neighbor’s yard to the west, I would not need a variance: the top of his bank is only a couple of feet from the water. If my yard and the creek had been graded like my neighbor’s yard to the east, I would not need a variance. His back yard drops steeply into the creek; the top of his bank is only about 5 feet from the water measured horizontally. In my case the top of the bank is about 10 feet away measured horizontally. I did not cause this grading or creek structure. • Sometime between 2000 and now, the setback rules were changed such that my fully compliant deck which did not encroach on the creek setback changed into an encroachment. If this had not occurred, I would not need a variance. I didn’t cause it. • I also note that the description includes “wetlands” as a physical characteristic that is a unique circumstance not caused by the landowner … but apparently not a creek? The landowner’s preferred design: This one is a mystery to me because its application seems to be very arbitrary. Sometimes cited, other times not. I have two references: In the zoning board meeting that I just attended, a developer wanted to build a house that would exceed a side setback. He could easily have built a smaller house, but he preferred to build a larger one; the variance was granted. In the zoning board meeting I attended in 2022 a variance was granted so that a man could build a shed beyond his setback. He didn’t need a shed, he could store things in his garage like I do, but he wanted – he preferred - a shed. He also had alternatives: he could have made a flat spot in his back yard (which was sloped) that was backed up by a small retaining wall, but he preferred to have his shed elsewhere. No objection was raised in this case about this being landowner preference; the variance was granted. 220 3/7/2025 Variance for Screen Porch at 6601 Plymouth Page 3 of 9 Must not alter the essential character of the locality: This is stated as the primary concern, expressed in the introduction of the BZA report: Ultimately, sta, is striving to review the proposal with an eye towards the purpose of the shoreland area to preserve, to the extent possible, the natural look and feel of the 50 foot swath adjacent to the ordinary high water elevation as well as the consideration of the experience of those using the public water of the creek or viewing across it from the other side. That goal, as stated, is something that I completely agree with; it is good, it should be done. Later the report says: The shoreland overlay setback requirements are designed to preserve the natural characteristics of protected waters and limit the intrusion of structures or other uses that may detract from the experience of using protected waters such as Ȟaȟá Wakpádaŋ (Bassett Creek). The proposed three-season porch would have a greater visual impact than the existing open-air deck. Of course it will look di2erent: anyone can tell the di2erence between a screen porch and a deck. But a greater impact? Is anyone going to stand up in their canoe from down in the creek, look back over their shoulder and say, “Look at that screen porch, it’s 60 feet away from here, shouldn’t it be 64 feet away, and wow, that is altering my experience of the creek.” For this locality, no, not at all. And finally: Sta, finds that the variance, if granted, would alter the essential character of the locality by visually impacting the shoreland area. This statement about the locality is asserted even though no sta2 member has been here, gone down near the water to see the view from the creek or viewed the site from across the creek. It flatly states that sta2 knows the essential character of the locality. They do not. It was quite easy to show to the zoning board that this is not a valid objection in this case and for this locality. First, the view from the creek and from across the creek is heavily screened by trees. After that it is completely dominated by 1) the southeast corner of my house 30 feet away followed by 2) my neighbor to the east: their house is only 15 feet from the water, you could easily toss a pebble out into the water from their deck with a gentle 5 foot toss, and 3) the next neighbor, just as close to the water with a bridge across the creek. The statement that my porch way back from the creek will degrade anybody’s view or experience is to ignore completely the essential character of the locality. Here it is, in pictures: 221 3/7/2025 Variance for Screen Porch at 6601 Plymouth Page 4 of 9 This is the view from the top of the far bank upstream from my house (center). The deck is obscured by trees even in winter. In the summer you can’t see it at all from here. Note the top of the bank here in my neighbors back yard, just a few feet away from the water. A bit farther downstream, still obscured: 222 3/7/2025 Variance for Screen Porch at 6601 Plymouth Page 5 of 9 The view from down in the creek at canoe level as you cross my lot line. Trees and bank plantings make the deck invisible (even in the middle of the creek) in the summer. The view ahead: the southeast corner of my house on the left and my neighbor to the east. 223 3/7/2025 Variance for Screen Porch at 6601 Plymouth Page 6 of 9 If you’re canoeing and you’re almost past my house, this is the view looking back over your left shoulder as the porch finally comes into view. (This view also is higher, from top of the far bank). The view from the SE corner of my lot, at my neighbor’s houses. 224 3/7/2025 Variance for Screen Porch at 6601 Plymouth Page 7 of 9 The illustration below was the most important and convincing one in my presentation: The top view shows the approvable screen porch with hallway, built literally within the outline of the existing deck. Below that is the porch with the variance as requested. Does either of them alter the experience of the creek, given the existing locality above? Apparently, the bottom one is objectionable in 4 di2erent ways but the top one is so much better that it is approvable? Which would you prefer to see? The bottom one looks best, but even if they both look the same to you, that is my point: the e2ect on the most important criteria as cited in multiple places in the sta2 report, is the same. 225 3/7/2025 Variance for Screen Porch at 6601 Plymouth Page 8 of 9 Mitigation: If I build this porch the back yard will get scu2ed and torn. New post holes are needed. Materials will be brought in probably using a skid-steer (Bobcat) or similar. Lots of boots on the ground and materials stacked. The yard will need repairs (and erosion control during construction, of course). As you know from my proposal I will stipulate the removal of existing hard surfaces, replacing a large area of lawn grass with native plants, and adding a rain garden. The rain garden will capture most of the runo2 from the porch. It also will capture a vast area of existing house roof, east of the screen porch. Thus, approving this variance will not degrade the ecology of the creek; instead it will greatly improve it! Note: This illustration of the natural planting and rain garden area is conceptual and represents one possible design. It is realistic, but consultation with a landscape designer may change some aspects. The stipulations for the amount of hard surface removal and the size of the replanted and rain garden area were provided in the variance application. 226 3/7/2025 Variance for Screen Porch at 6601 Plymouth Page 9 of 9 Build within the footprint of the existing deck: That is the essence of what I am trying to do: the new porch and the deck both intrude by 4 feet. But to build literally within the existing outline will transform a gracious and attractive small addition to my house into a hallway that wastes 30% of the total area as needed passageway. I’ve done as much as I can to accomplish building within the footprint of the existing deck. Other people in Golden Valley have attractive functional screen porches. Can’t I please make something that looks good and works well too? Barbara and I do not want a hallway. You’ve doubtless been in houses that have too much hallway and not enough room. We won’t build it if that’s all we can have. Change the staA recommendation: I know this is probably too much to expect but given what I have presented in the zoning board meeting and in this document, it might be possible. One zoning board member was convinced and voted in favor of granting the variance. She said she didn’t see why it was a “big deal” (her words). I hope you also can be convinced: Given the applicants recent demonstration that the essential character of the locality will not be altered in this case, and given that applicant now makes a good case for unique circumstances that were not in his control, and given the applicants significant stipulations regarding creek ecology improvements that more than compensate for the impact of the porch, and given that applicant is not asking for additional encroachment beyond that which currently exists, sta2 will not object to the granting of this variance. Thank you for considering this information. Paul 227 EXECUTIVE SUMMARY Legal 763-512-2345 / 763-512-2344 (fax) Golden Valley City Council Meeting March 18, 2025 Agenda Item 6B. Review of Council Calendar Prepared By Theresa Schyma, City Clerk Summary The Council will review upcoming city meetings, events, and holiday closures. Legal Considerations This item does not require legal review. Equity Considerations This item does not require equity review. Recommended Action No action is required on this item. Supporting Documents Review of Council Calendar 228 Review of Council Calendar Event Event Time Location MARCH Thursday, March 20 Building An Equitable Golden Valley Quarterly Conversation: Disabilities 6:00 PM - 8:00 PM Workabilities, 7400 Laurel Ave APRIL Tuesday, April 1 HRA Meeting (if necessary)6:30 PM Council Chambers City Council Meeting 6:30 PM Council Chambers Tuesday, April 8 HRA Work Session (if necessary)6:30 PM Council Conference Room Council Work Session 6:30 PM Council Conference Room Wednesday, April 9 State of the City 6:00 PM Brookview Tuesday, April 15 City Council Meeting 6:30 PM Council Conference Room Tuesday, April 22 Golden Valley Business Connections 8:00 AM - 9:30 AM AAA, 5400 Auto Club Way Saturday, April 26 Run the Valley 7:30 AM - 10:00 AM Brookview Park 229