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2025-07-15 - AGE - City Council Regular Meeting July 15, 2025 — 6:30 PM Golden Valley City Hall Council Chambers 1.Call to Order 1A.Pledge of Allegiance and Land Acknowledgement 1B.Proclamation Recognizing National Night Out - Tuesday, August 5 1C.Proclamation Recognizing Park and Recreation Month 1D.Accept GreenStep City Award 1E.New Employee Introductions 2.Additions and Corrections to Agenda 3.Consent Agenda Approval of Consent Agenda - All items listed under this heading are considered to be routine by the City Council and will be enacted by one motion. There will be no discussion of these items unless a Council Member so requests in which event the item will be removed from the general order of business and considered in its normal sequence on the agenda. 3A.Approval of City Council Meeting Minutes 3B.Approval of City Check Registers 3C.Licenses: 3C.1.Approve Gambling License Exemption and Waiver of Notice Requirement - Minnesota Diversified Industries (MDI) 3C.2.Approve Gambling License Exemption and Waiver of Notice Requirement - Church of St. Margaret Mary 3D.Bids, Quotes, and Contracts: 3D.1.Approve Contract for TH-55 Ottawa Watermain Project with New Look Contracting, Inc. 3D.2.Approve Contract for the 2025 Mill & Overlay Project with Valley Paving, Inc. 3D.3.Approve Agreement to Purchase Printer Replacements and Maintenance from Konica Minolta 3D.4.Approve Professional Services Agreement with Stantec Consulting Services Inc. for the CITY COUNCIL REGULAR MEETING AGENDA Members of the public may attend this meeting in-person, by watching on cable channel 16, or by streaming on CCXmedia.org. The public can make in-person statements during public comment sections, including the public forum beginning at 6:20 pm. Individuals may provide public hearing testimony remotely by emailing a request to the City Clerk's office at cityclerk@goldenvalleymn.gov by 3 p.m. on the day of the meeting. City of Golden Valley City Council Regular Meeting July 15, 2025 — 6:30 PM 1 Bassett Creek Sanitary Sewer Rehabilitation Project 3E.Grants and Donations: 3E.1.Adopt Resolution No. 25-063 Accepting a CenterPoint Energy Community Safety Grant 3F.Adopt Resolution No. 25-064 Approving Updated Data Practices Policies for the City of Golden Valley 3G.Adopt Second Consideration of Ordinance No. 800 Updating City Code Chapter 12 Related to Fire Prevention and Protection, Adopt Resolution No. 25-065 Approving Summary Publication, and Repeal Resolution No. 25-056 - Delegation of Fire System Plan Review and Inspection Authority Policy 3H.Adopt Ordinance No. 801 Approving Major Amendment to Planned Unit Development No. 83 at 9000 Plymouth Avenue North, the General Mills James Ford Bell (JFB) Research Center Campus and Resolution No. 25-066 Approving Summary Publication of the Ordinance 3I.Adopt Resolution No. 25-067 Approving Mayor Harmon's Attendance to the National Black Caucus of Local Elected Officials (NBC-LEO) Summer Conference and Resolution No. 25-068 Accepting Donation for Mayor Harmon's Conference Airfare 4.Public Hearing 4A.Public Hearing and First Reading of Ordinance No. 802 Establishing the Laurel Hill West Housing Improvement Area 5.Old Business - None. 6.New Business 6A.Review of Council Calendar 6B.Mayor and Council Communications 1. Other Committee/Meeting updates 7.Adjournment City of Golden Valley City Council Regular Meeting July 15, 2025 — 6:30 PM 2 EXECUTIVE SUMMARY Police 763-512-2345 / 763-512-2344 (fax) Golden Valley City Council Meeting July 15, 2025 Agenda Item 1B. Proclamation Recognizing National Night Out - Tuesday, August 5 Prepared By Brittany Froberg, Police Support Services Supervisor Alice White, Assistant Chief of Police Summary National Night Out is an annual community-building campaign that promotes police-community partnerships and neighborhood camaraderie to make our neighborhoods safer, more caring places to live. Additionally, National Night Out enhances the relationship between neighbors and law enforcement while bringing back a true sense of community. Furthermore, it provides a great opportunity to bring police and neighbors together under positive circumstances. Financial or Budget Considerations This item does not require financial review. Legal Considerations This item does not require legal review. Equity Considerations This item does not require equity review. Recommended Action Present proclamation recognizing National Night Out on Tuesday, August 5. Supporting Documents Proclamation - Recognizing National Night Out 2025 3 CITY OF GOLDEN VALLEY PROCLAMATION RECOGNIZING NATIONAL NIGHT OUT ON AUGUST 5, 2025 WHEREAS, The National Association of Town Watch (NATW) and local law enforcement agencies are sponsoring a statewide program called National Night Out on Tuesday, August 5, 2025; and WHEREAS, National Night Out is designed to get to know one another in the City of Golden Valley, build neighborhood involvement by bringing police and communities together, and to bring an awareness to crime prevention and local law enforcement efforts; and WHEREAS, National Night Out supports the idea that crime prevention is an inexpensive, effective tool in strengthening police and community partnerships; and WHEREAS, National Night Out provides opportunities to celebrate the ongoing work of law enforcement and neighborhoods in Golden Valley by working together to fight crime and victimization and increase public safety for all residents; and WHEREAS, the residents of Golden Valley play an important role in assisting law enforcement through joint crime, drug, and violence prevention efforts. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Golden Valley do hereby proclaim August 5, 2025, as National Night Out in the City of Golden Valley. We call upon all residents and civic organizations to help strengthen Golden Valley by participating in National Night Out events in their neighborhoods and continuing to build community relationships. IN WITNESS WHEREOF, I Mayor Roslyn Harmon, proudly certify this proclamation with my signature and the seal of the City of Golden Valley on Ju ly 15, 2025. ___________________________ Roslyn Harmon, Mayor 4 EXECUTIVE SUMMARY Parks & Recreation 763-512-2345 / 763-512-2344 (fax) Golden Valley City Council Meeting July 15, 2025 Agenda Item 1C. Proclamation Recognizing Park and Recreation Month Prepared By Janelle Crossfield, Parks and Recreation Director Summary Launched in 1985, this year marks the 40th anniversary of the National Park and Recreation Association’s Park and Recreation Month. Each July, we celebrate park and recreation professionals and how they improve the lives of tens of millions of people, making a lasting impact in communities across the country. Park and recreation programs are essential to community health and well-being, and help cultivate lifelong friendships, memories and family bonds that people hold dear decades later. Together, we’re building and maintaining sustainable parks and green spaces for current and future generations. Together, we’re building thriving communities focused on health and well-being. Together, we’re building high-quality programs and spaces accessible and inclusive for all. Together, we help people play and connect - through yoga, art classes, picnics and more. This year’s theme, “Build Together, Play Together, " reminds us of the contributions of more than 160,000 full-time park and recreation professionals — along with hundreds of thousands of part-time and seasonal workers and volunteers — who maintain our country’s close-to-home parks. The U.S. House of Representatives passed on official resolution for Park and Recreation Month in 2009, and introduced the resolution in 2017 and 2018. Park and Recreation Professionals Day originated as a statewide celebration in Pennsylvania in 2019 and has spread nationwide in recent years. Friday, July 18 is designated as Park and Recreation Professionals Day in 2025. Legal Considerations Legal review is not required for this item. Equity Considerations Equity review is not required for this item. 5 Recommended Action Present proclamation recognizing Park and Recreation Month. Supporting Documents Proclamation - Recognizing Parks and Recreation Month 2025 6 CITY OF GOLDEN VALLEY PROCLAMATION RECOGNIZING PARKS & RECREATION MONTH JULY 1 - 31, 2025 WHEREAS, parks and recreation is an integral part of communities throughout this country, including the City of Golden Valley; and WHEREAS, parks and recreation promotes health and wellness, improving the physical and mental health of people who live near parks; and WHEREAS, parks and recreation promotes time spent outdoors and in nature, which positively impacts mental health by increasing cognitive performance and well-being, and alleviating illnesses such as depression, attention deficit disorders, and Alzheimer’s; and WHEREAS, parks and recreation encourages physical activities by providing space for athletics, trails, playgrounds, golf courses, community gardens, and many other activities designed to promote active lifestyles; and WHEREAS, parks and recreation programming such as summer programming, athletics, environmental education, and creative arts, are critical to childhood development; and WHEREAS, parks and recreation increases a community’s economic prosperity through increased property values, expansion of the local tax base, increased tourism, and WHEREAS, parks and recreation is essential and adaptable infrastructure that makes our communities resilient in the face of natural disasters and climate change; and WHEREAS, our parks and open spaces ensure the ecological beauty of our community and provide a place for children and adults to connect with nature and recreate outdoors; and WHEREAS, the U.S. House of Representatives has designated July as Parks and Recreation Month; and WHEREAS, the City of Golden Valley recognizes the benefits derived from parks and recreation resources. NOW, THEREFORE, BE IT RESOLVED, that the Golden Valley City Council do hereby proclaim July 2025 as Parks and Recreation month in the City of Golden Valley. We call upon all residents and civic organizations to pay tribute to the value parks and recreation brings to our community, and to recognize the substantial contributions Parks & Recreation professionals make to our health, quality of life, active lifestyles, socialization, and the building of community. IN WITNESS WHEREOF, I Mayor Roslyn Harmon, proudly certify this proclamation with my signature and the seal of the City of Golden Valley on July 15, 2025. ___________________________ Roslyn Harmon, Mayor 7 EXECUTIVE SUMMARY Community Development 763-512-2345 / 763-512-2344 (fax) Golden Valley City Council Meeting July 15, 2025 Agenda Item 1D. Accept GreenStep City Award Prepared By Chloe McGuire, Deputy Community Development Director Summary The City of Golden Valley was awarded the highest step, Step 5, in the GreenStep Cities Program. Since 2016, Golden Valley has been a part of GreenStep Cities, a voluntary program facilitated by the Minnesota Pollution Control Agency that evaluates cities' progress towards sustainability goals. Golden Valley achieved Step 5, the highest level of recognition in the program, for the fifth year in a row. The City showed improvements on renewable energy generation, building energy consumption, publicly accessible EV charging stations, affordable housing development, climate-resilient trees planted, and delisting Sweeney Lake from the impaired waters list. Golden Valley hopes to continue to make progress towards a cleaner and greener future. Legal Considerations This item did not require legal review. Equity Considerations Since beginning the GreenStep Cities program, the City has shown improvement on numerous metrics that make a more equitable community, including accessible EV charging stations, affordable housing development, and planting native, climate-resilient trees. GreenStep Cities takes a holistic approach to sustainability and resilience, which considers the intersections of climate change, resilience, and equity. Creating a resilient future is important for all residents, but particularly important for vulnerable residents who are typically most impacted by climate change. Additionally, sustainability work is typically defined in three pillars - social, economic, and environmental. In order to achieve a sustainable future, we must work in all three pillars - and not just on the environment. The City has showed improvement in all three of these pillars, which contributed to the Step 5 achievement. Recommended Action Accept award. 8 EXECUTIVE SUMMARY City Manager's Office 763-512-2345 / 763-512-2344 (fax) Golden Valley City Council Meeting July 15, 2025 Agenda Item 1E. New Employee Introductions Prepared By Sara Kasel, Management Fellow Summary This meeting will include the following new employee introductions: Equity and Inclusion Manager, Seth Kaempfer, will introduce Arantxa Chaire-Kobb, Community Connections Specialist. Parks and Recreation Assistant Director, Greg Simmons, will introduce Jasy Vorachit, Parks and Recreation Administrative Assistant. Legal Considerations Legal review is not required on this item. Equity Considerations Equity review is not required on this item. Recommended Action No action is required on this item. 9 EXECUTIVE SUMMARY Legal 763-512-2345 / 763-512-2344 (fax) Golden Valley City Council Meeting July 15, 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 : July 1, 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. 10 EXECUTIVE SUMMARY Finance 763-512-2345 / 763-512-2344 (fax) Golden Valley City Council Meeting July 15, 2025 Agenda Item 3B. Approval of City Check Registers Prepared By Jennifer Hoffman, Assistant Finance Director Summary Approval of the check register for various vendor claims against the City of Golden Valley. Document is located on city website at the following location: http://weblink.ci.golden- valley.mn.us/WebLink/Browse.aspx?id=1060600&dbid=0&repo=GoldenValley The check register(s) for approval: 07-02-2025 Check Register 07-09-2025 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. 11 EXECUTIVE SUMMARY Legal 763-512-2345 / 763-512-2344 (fax) Golden Valley City Council Meeting July 15, 2025 Agenda Item 3C.1. Approve Gambling License Exemption and Waiver of Notice Requirement - Minnesota Diversified Industries (MDI) Prepared By Theresa Schyma, City Clerk Summary Minnesota Diversified Industries (MDI), a 501(c)(3) nonprofit organization through a Social Enterprise model, has applied for a Gambling License Exemption to conduct gambling (raffle) at their Ability Bash event at the Metropolitan Ballroom, 5418 Wayzata Boulevard, on September 18, 2025. According to their website "MDI creates self-sufficiency by providing meaningful work in an inclusive environment, with nearly half of the workforce comprised of people with disabilities." As per State Statute organizations that conduct gambling within the City limits have to submit an application for a lawful gambling permit to the State after the permit has been approved or denied by the City. Depending upon the timing of the permit the applicants may request the City to waive the 30-day waiting period. Legal Considerations This item does not require legal review. Equity Considerations Approving lawful gambling exemptions gives nonprofit organizations the opportunity to create relationships within the community and make connections that can help provide unbiased programs and services to those in need. Recommended Action Motion to receive and file the gambling license exemption and approve the waiver of notice requirement for Minnesota Diversified Industries (MDI) to conduct gambling (raffle) at an event at the Metropolitan Ballroom, 5418 Wayzata Boulevard, on September 18, 2025. 12 EXECUTIVE SUMMARY Legal 763-512-2345 / 763-512-2344 (fax) Golden Valley City Council Meeting July 15, 2025 Agenda Item 3C.2. Approve Gambling License Exemption and Waiver of Notice Requirement - Church of St. Margaret Mary Prepared By Theresa Schyma, City Clerk Summary Church of St. Margaret Mary, 2323 Zenith Avenue North, has applied for a Gambling License Exemption to conduct gambling (bingo and raffle) for their outdoor Fall Festival event on September 21, 2025. As per State Statute organizations that conduct gambling within the City limits have to submit an application for a lawful gambling permit to the State after the permit has been approved or denied by the City. Depending upon the timing of the permit the applicants may request the City to waive the 30-day waiting period. Legal Considerations This item does not require legal review. Equity Considerations Approving lawful gambling exemptions gives nonprofit organizations the opportunity to create relationships within the community and make connections that can help provide unbiased programs and services to those in need. Recommended Action Motion to receive and file the gambling license exemption and approve the waiver of notice requirement for Church of St. Margaret Mary, 2323 Zenith Avenue North, to conduct gambling (bingo and raffle) at their Fall Festival event on September 21, 2025. 13 EXECUTIVE SUMMARY Community Development 763-512-2345 / 763-512-2344 (fax) Golden Valley City Council Meeting July 15, 2025 Agenda Item 3D.1. Approve Contract for TH-55 Ottawa Watermain Project with New Look Contracting, Inc. 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 in Summer/Fall 2025. 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 reduced ground cover would make the watermain more susceptible to freezing, requiring it to be relocated. Construction contract bids for the TH-55 Ottawa Watermain project were opened virtually on July 3, 2025. The following bids were received: Company Base Bid Alternate 1 (With Provisional Improvement) Alternate 2 Total New Look Contracting, Inc. $698,002.00 $435,181.00 $548,632.00 $1,681,815.00 Meyer Contracting, Inc. $832,889.37 $479,071.37 $541,428.10 $1,853,388.84 Low Bid Total (Base Bid + Bid Alternate 1 + Bid Alternate 2): New Look Contracting, Inc. $1,681,815.00. Staff reviewed the bids and found them to be reasonable and clear. Staff recommends awarding the contract to New Look Contracting, Inc. for work associated with the Base Bid only. Financial or Budget Considerations The cost associated with this agreement is $698,002.00. This project was added to the 2025 CIP in Resolution No. 25-008, which allocated $750,000 for the project. This project will be funded by the Utility Enterprise Fund (7121.6960). Also associated with this CIP item is a Professional Services Agreement with WSB LLC in the amount of $200,735.00. The total of the professional services contract and construction contract is $898,737.00, exceeding the amount allocated in the CIP by $148,737.00 Industry standard recommends a 10% construction contingency for a project of this scope, which is an 14 additional $69,800.00. Staff request a budget increase of $218,537.00 for this specific project from the Utility Enterprise Fund to cover the project costs, which can be accommodated through a combination of cost savings from the 2025 Sewer Lining Project where the bid award was $57,291 lower than the approved CIP cost, and existing reserves within the fund that exceed FY 2025 reserve goals. Legal Considerations This contract has been approved by the City Attorney's office. Equity Considerations The City’s work to execute the TH-55 Ottawa Watermain project is consistent with the unbiased programs and services pillar of the City’s Equity Plan. This project will enable the City to continue providing reliable water and sewer utilities City-wide. Recommended Action Motion to approve Contract for TH-55 Ottawa Watermain project with New Look Contracting, Inc. Majority vote needed. Supporting Documents TH-55 Ottawa Watermain Agreement.docx TH-55 Ottawa Watermain Project Manual.pdf 15 FC - 1 CONTRACT NO. 25-05 AGREEMENT FOR THE 2025 TH 55 OTTAWA WATERMAIN PROJECT PROJECT NO. 25-05 THIS AGREEMENT (this “Agreement”), entered into the 15th day of July, 2025 between the City of Golden Valley (the “City”), a municipal corporation, existing under the laws of the State of Minnesota, and New Look Contracting, Incorporated, a corporation, under the laws of Minnesota (“Contractor”). ARTICLE 1. The Contract Documents. The Contract Documents consist of: this Agreement, the Proposal and Bid of the Contractor, the Contractor’s Bonds, the General Conditions, Special Conditions and any supplementary conditions, drawings, plans, Specifications, addenda issued prior to execution of this Agreement, other documents listed herein or in any of the foregoing documents, and Modifications of the same issued after execution of this Agreement (collectively the “Contract” or “Contract Documents”). A Modification is (1) a written amendment to the Contract signed by both parties, (2) a Change Order, (3) a Construction Change Directive, or (4) a written order for a minor change in the Work issued by the Engineer. 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: 1. Modifications to the Contract 2. This Agreement 3. Special Conditions 4. General Conditions 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. ARTICLE 2. The Work. Contractor, for good and valuable consideration the sufficiency of which is hereby acknowledged, covenants and agrees to furnish all materials, all necessary tools and equipment, and to do and perform all work and labor necessary for 2025 TH 55 Ottawa Watermain Project (25-05) (the “Project”) according to the Plans and Specifications and all of the Contract Documents. Contractor shall commence and conclude the Work in accordance with the Contract Documents. Time is of the essence in this Agreement. Accordingly, Contractor shall complete the Work in accordance with the time schedule for commencement and completion of the Work set forth in the Contract Documents. Contractor shall complete the W ork in every respect to the satisfaction and approval of the City. 16 FC - 2 ARTICLE 3. Contract Price. The City shall pay the Contractor the Contract Price in current funds for the Contractor’s performance of the Contract. The Contract Price shall be $698,002.00, subject to additions and deductions as provided in the Contract Documents. Installment payments, if any, on account of the Work shall be made in accordance with the provisions of the General Conditions. Final payment shall be due and payable on or before thirty (30) days after issuance of a Certificate of Final Completion issued by the City Engineer confirming that the Work has been fully completed and Contractor’s obligations fully performed by Contractor. ARTICLE 4. Contractor’s Bonds. Contractor shall make, execute and deliver to the City corporate surety bonds in a form approved by the City, in the sum of $698,002.00 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. ARTICLE 5. Acceptance of the Work. The City, through its authorized agents, shall be the sole and final judge of the fitness of the W ork and its acceptability. ARTICLE 6. Records. Contractor shall keep as complete, exact and accurate an account of the labor and materials used in the execution of the Work as is possible, and shall submit and make this information available as maybe requested by the City. ARTICLE 7. Payment. All payments to Contractor shall be made payable to the order of New Look Contracting, Incorporated, and the City does not assume and shall not have any responsibility for the allocation of payments or obligations of the Contractor to third parties. ARTICLE 8. Cancellation Prior to Execution. The City reserves the right, without liability, to cancel the award of the Contract at any time before the execution of the Contract by all parties. ARTICLE 9. Termination. The City may by written notice terminate the Contract, or any portion thereof, when (1) it is deemed in the best public, state or national interest to do so; (2) the City is unable to adequately fund payment for the Contract because of changes in state fiscal policy, regulations or law; or (3) after finding that, for reasons beyond Contractor’s control, Contractor is prevented from proceeding with or completing the W ork within a reasonable time. In the event that any Work is terminated under the provisions hereof, all completed items or units of W ork will be paid for at Contract Bid Prices. Payment for partially completed items or units of W ork will be made in accordance with the Contract Documents. 17 FC - 3 Termination of the Contract or any portion thereof shall not relieve Contractor of responsibility for the completed W ork, nor shall it relieve Contractor’s Sureties of their obligations for and concerning any just claims arising out of the W ork. ARTICLE 10. 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, 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 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 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. IN WITNESS WHEREOF, both parties hereto have caused this Contract to be signed on their respective behalves by their duly authorized offices and their corporate seals to be hereunto affixed the day and year first above written. THE CITY OF GOLDEN VALLEY, MINNESOTA BY Roslyn Harmon, Mayor BY Noah Schuchman, City Manager CONTRACTOR BY ITS 18 Project Manual and Specifications 2025 TH 55 Ottawa Watermain Project City Project No. 25-05 19 2025 TH 55 OTTAWA WATERMAIN PROJECT TABLE OF CONTENTS CITY PROJECT NO. 25-05 CITY OF GOLDEN VALLEY, MN WSB PROJECT NO. 028092-000 TABLE OF CONTENTS CONTRACT DOCUMENTS 1. ADVERTISEMENT OF BIDS AB 2. INSTRUCTION TO BIDDERS IB 3. PROPOSAL FORM PF 4. AFFIDAVIT OF NON-COLLUSION AN-C 5. CERTIFICATE OF COMPLIANCE CC 6. RESPONSIBLE CONTRACTOR CERTIFICATION RCC 7. FORM OF CONTRACT FC 8. GENERAL CONDITIONS GC 9. SPECIAL CONDITIONS SC 10. APPENDICES A-C 20 2025 TH 55 OTTAWA WATERMAIN PROJECT ADVERTISEMENT FOR BIDS CITY PROJECT NO. 25-05 CITY OF GOLDEN VALLEY, MN WSB PROJECT NO. 028092-000 CITY OF GOLDEN VALLEY, MINNESOTA ADVERTISEMENT FOR BIDS 2025 TH 55 Ottawa Watermain Project City Improvement Project No. 25-05 Notice is hereby given that Online Bids will be received by the City of Golden Valley, Minnesota until 10:00 a.m., July 3, 2025, via QuestCDN for the furnishing of all labor and material for the construction of the 2025 TH 55 Ottawa Watermain Project. Major quantities for the Work include. Description Quantity Unit Remove Bituminous Pavement 2000 SY 8 Sanitary Sewer 180 LF 20 Steel Casing (Jacked)40 LF 12 PVC Watermain (Open Cut)950 LF 12 PVC Watermain (Directional Drilled)940 LF Gate Valves (Various Sizes)18 EA Seeding 0.3 AC Virtual Bid Opening - Golden Valley, MN - 2025 TH 55 Ottawa Watermain Project Thursday, July 3, 2025, 10:00 AM - 10:30 AM (CST) To join meeting by computer or mobile application: https://zoom.us/join Meeting ID: 985 0285 8355 Passcode: 729375 To join meeting by phone: +1 929 205 6099, Meeting ID: 985 0285 8355, Passcode: 729375 The Issuing Office for the Bidding Documents is: WSB located at 178 E 9TH Street Suite 200, St. Paul MN 55101, Emily Brown (612) 849-6157. Information and Bidding Documents for the Project can be found at www.questcdn.com. Bidding Documents may be downloaded from the website for a nonrefundable fee of $55 by inputting Quest project #9726967 on the websites Project Search page. Please contact QuestCDN.com at (952) 233- 1632 or info@questcdn.com for assistance in free membership registration, viewing, downloading, and working with the digital project information. For this project, bids will ONLY be received electronically. To access the electronic Bid Worksheet, download the project document and click the online bidding button at the top of the advertisement. Prospective bidders must be on the plan holders list through Quest CDN for bids to be accepted. The website will be updated periodically with addenda, lists of registered plan holders, reports, and other information relevant to submitting a Bid for the Project. All official notifications, addenda, and other Bidding Documents will be offered only through the website www.questcdn.com. Neither Owner nor Engineer will be responsible for Bidding Documents, including addenda, if any, obtained from other sources. Bids shall be completed according to the Bidding Requirements prepared by the City dated February 5, 2025. Bid security in the amount of 5 percent (5%) of the Bid must accompany each Bid in accordance with the Instructions to Bidders. 21 2025 TH 55 OTTAWA WATERMAIN PROJECT ADVERTISEMENT FOR BIDS CITY PROJECT NO. 25-05 CITY OF GOLDEN VALLEY, MN WSB PROJECT NO. 028092-000 PAGE 2 Bidders are required to submit information indicating they have practical experience of the particular construction work bid upon, and that they have the ability and resources to complete the proposed work in a manner satisfactory to the Owner. A contract award will only be made to a bidder meeting the minimum contractor qualifications as stated within the contract specifications. The successful bidder must be a responsible contractor. The term responsible contractor means a contractor as defined in Minnesota Statutes, section 16C.285, subdivision 3. Any prime contractor, subcontractor, or motor carrier that does not meet the minimum criteria or fails to comply with the verification requirements is not a responsible contractor and is not eligible to be awarded a construction contract for the project or to perform work on the project. A prime contractor, subcontractor, or motor carrier that makes a false statement under oath verifying compliance with the minimum criteria will be ineligible to be awarded a construction contract on the project, and the submission of a false statement may result in termination of a contract awarded to a prime contractor, subcontractor, or motor carrier that submits the false statement. A prime contractor shall include in its verification of compliance a list of all of its first-tier subcontractors that it intends to retain for work on the project. Before execution of a construction contract, a prime contractor shall submit a supplemental verification under oath confirming that all subcontractors and motor carriers that the prime contractor intends to use to perform project work have verified to the prime contractor, through a signed statement under oath by an owner or officer, that they meet the minimum criteria for a responsible contractor. The City of Golden Valley reserves the right to reject any and all Bids, to waive irregularities and informalities therein and to award the Contract in the best interests of the City of Golden Valley. BY ORDER OF THE CITY COUNCIL Theresa Schyma, City Clerk 22 2025 TH 55 OTTAWA WATERMAIN PROJECT INSTRUCTIONS TO BIDDERS CITY PROJECT NO. 25-05 CITY OF GOLDEN VALLEY, MN WSB PROJECT NO. 028092-000 INSTRUCTIONS TO BIDDERS INDEX PAGE 1. Pre-Bid Meeting..................................................................................................IB-1 2. Examination of Plans, Specifications and Site of Work......................................IB-1 3. Bid Security.........................................................................................................IB-1 4. Contract Documents...........................................................................................IB-1 5. Preparation of Proposal......................................................................................IB-2 6. Conditions in Bidders Proposal..........................................................................IB-3 7. Interpretation of Estimates..................................................................................IB-3 8. Delivery of Proposals..........................................................................................IB-3 9. Rejection of Bids.................................................................................................IB-3 10. Withdrawal of Proposals.....................................................................................IB-3 11. Public Opening of Proposals ..............................................................................IB-3 12. Evaluation of Bids...............................................................................................IB-3 13. Disqualification of Bidders ..................................................................................IB-4 14. Equipment...........................................................................................................IB-5 15. Suppliers and Subcontractors.............................................................................IB-5 16. Furnishing of Evidence of Responsibility............................................................IB-5 17. Requirements of Contract Bond .........................................................................IB-5 18. Failure to Execute Contracts ..............................................................................IB-5 19. Award of Contract...............................................................................................IB-5 23 IB-1 INSTRUCTIONS TO BIDDERS CITY OF GOLDEN VALLEY, MINNESOTA 1.PRE-BID MEETING No pre-bid meeting will be held for this project. 2.EXAMINATION OF PLANS, SPECIFICATIONS AND SITE OF WORK The Bidder shall examine to their satisfaction the quantities of work to be done as determined from the Plans and Specifications. Quantities indicated by the Engineer on drawings or elsewhere are estimated only, and Bidders must rely on their own calculations. Bidders shall be thoroughly familiar with the Specifications, including all Special Conditions. Submission of a bid by the Bidder is a representation that the Bidder has visited the Work site, become generally familiar with local conditions under which the Work is to be performed, and correlated personal observations with requirements of the Contract Documents. Bidders shall inform themselves of the character and magnitude of work and the conditions under which the work is to be performed concerning the site of the work, the structure of the ground, the existence of surface and groundwater, availability of drainage, the obstacles which may be encountered, means of approach to the site, manner of delivering and handling materials, facilities of transporting and installing construction plant and equipment and all other relevant matters pertaining to the complete execution of this Contract. No plea of ignorance of conditions that exist or that may hereafter exist, or of difficulties that will be encountered in the execution of the work hereunder, as a result of failure to make necessary examination and investigations, will be accepted as a sufficient excuse for any failure or omission on the part of the Contractor to fulfill in every detail all the requirements of this Contract, or will be accepted as a basis for any claim whatsoever for extra compensation or for an extension of time. No Bidder may rely upon any statements or representations of any officer, agent, or employee of the City with reference to the conditions of the work or the character of the soil or other hazards that may be encountered in the course of construction. 3.BID SECURITY Each bid shall be accompanied by a cash deposit, certified or cashiers check, or bid bond with a corporate surety in an amount at least equal to five (5) percent of the total amount of the base bid, payable to the City as a guaranty that the Bidder will enter into a contract with the City for the work described in the Proposal, and the amount of the bid security of a successful Bidder shall be forfeited to the City as liquidated damages in the event that such Bidder fails to enter into a contract and furnish Contractors bond. 4.CONTRACT DOCUMENTS The Contract Documents shall consist of the Plans and the Specifications along with the fully executed Contract Form. Plans means all project plans and drawings including addendums as distributed by the City. Specifications means all documents included in the project manual including, but not limited to, the following: •the Certification: •Advertisement for Bids; 24 IB-2 •Instructions to Bidders; •Proposal Form; •Affidavit of Non-Collusion; •Employee Certificate of Compliance •Responsible Contractor Certification Form •Form of Contract •Special Conditions; •General Conditions; •All documents required within any of the documents listed herein including, but not limited to, all bonds and insurance required. •Appendix 5.PREPARATION OF PROPOSAL Bidders shall state the prices for each item of work in the Online Bid Worksheet. The following items are required for a bid to be considered complete and shall be uploaded via QuestCDN Online: 1. Completed Proposal Form 2. Five Percent Bid Security 3. Receipt of Addenda (if applicable); must be downloaded to submit bid. 4. Affidavit of Non-Collusion 5. Employment Certificate of Compliance 6. Responsible Contractor Certification Form The Proposal shall be signed in the appropriate places with ink. If the Proposal is made by an individual, his name and post office address shall be shown. If made by a firm or partnership, the name and post office address of each member of the firm or partnership shall be shown. If made by a company or corporation, the Proposal shall identify the name of the state formation of the corporation or business, and names, titles and business addresses of the President, Secretary and Treasurer. All bids from corporations shall bear the official seal of the corporation; if the corporation does not have a corporate seal, the bid must be signed by the president and the treasurer. 6.CONDITIONS IN BIDDERS PROPOSAL The Bidder shall not stipulate in its Proposal any conditions not provided for on the Proposal Form. 7.INTERPRETATION OF ESTIMATES The award of the Contract shall be made on the basis of the Engineers estimate of quantities as shown in the Proposal, but these quantities are not guaranteed to be accurate and are furnished without any liability on the part of the City. Quantities indicated by the Engineer on drawings or elsewhere are estimated only, and Bidders must rely on their own calculations. 25 IB-3 8.DELIVERY OF PROPOSALS Bidders shall submit their Proposal via QuestCDN, if there are any addenda for this project, they must be downloaded in order to submit your electronic bid. This project will be bid using QuestCDNs on-line bidding tool known as VirtuBid TM (vBidTM). Only bids received through vBidTM will be accepted. See the Project Manual Appendix for instructions on the use of this bidding tool. 9.REJECTION OF BIDS The City reserves the right to reject any and all bids, including without limitation; proposals that show any omission, alteration of form, additions not called for, conditional bids or alternate bids not specified or irregularities of any kind. Proposals in which the prices are obviously unbalanced may be rejected. 10.WITHDRAWAL OF PROPOSALS A Bidder may withdraw its Proposal without prejudice to themselves, provided a written request is filed with the City Clerk before the hour of letting, and such withdrawn Proposal may be modified and resubmitted by the Bidder at any time prior to the hour set for receiving bids. 11.PUBLIC OPENING OF PROPOSALS Proposals will be opened publicly and read aloud in such place as designated at the time and the date set in the Advertisement for Bids. Bidders or their authorized agents are invited to be present. 12.EVALUATION OF BIDS The City reserves the right to make inquiries regarding past performance of any Bidder on previous contracts. The object of this review and any other inquiries is to provide the City with the best available information regarding the capabilities of the Bidder to complete the work as specified in the Contract Documents, and to minimize the risk of awarding the Contract to an unqualified Bidder. Bidders are required to submit evidence that they have practical knowledge of the particular work bid upon and that they have the financial resources to complete the proposed work. The City reserves the right to reject any Proposal where there is insufficient or unsatisfactory evidence to demonstrate the Bidders ability to perform the work. Failure on the part of any Bidder to have carried out previous contracts satisfactorily, to show adequate experience, or to possess necessary equipment or labor for completion of the work, shall be sufficient cause for disqualification of the Bidder. The City will award the Contract to the Bidder whose bid price, quality and experience best conform to the overall interests of the City. Bids from qualified bidders will be considered as described in the City of Golden Valley General Conditions, Section II.1 CONSIDERATION OF BIDS. The Citys decisions regarding bidder qualifications, contract award and contract amount shall be final. The City has limited financial resources to commit to the project. Accordingly, the project must be accomplished with a minimum of interruption, on time and without cost overruns. The City believes that a contractor with sufficient 26 IB-4 experience in constructing this kind of specialty work is necessary for this complicated project. Therefore, the City will consider the quality and experience of each Bidder in addition to the bid price. 13.DISQUALIFICATION OF BIDDERS More than one Proposal for the same project from an individual firm, partnership, company or corporation under the same or different names will not be considered. Evidence that any Bidder is interested in more than one Proposal for the same work will result in the rejection of all such Proposals. Collusion between Bidders shall be sufficient cause for the rejection of all bids so affected. 14.EQUIPMENT When requested by the City, the Bidder shall furnish a complete statement of the make, size, weight (where weight is one of the specified requirements), condition and previous length of service of all equipment to be used in the proposed work. 15.SUPPLIERS AND SUBCONTRACTORS The Bidder shall provide, within the time requested, a list of all suppliers and subcontractors to be used on the project for approval by the City. All provisions of Item 12 of these instructions shall also apply to subcontractors and suppliers. The Bidder will be notified in writing by the City of disqualification of any supplier or subcontractor. The Bidder will then be given the option to replace the disqualified supplier or subcontractor with an approved supplier or subcontractor or withdraw its bid. No adjustment of bid prices will be allowed for such replacement. 16.FURNISHING OF EVIDENCE OF RESPONSIBILITY When requested by the City, the Bidder and any subcontractors shall furnish a balance sheet dated not more than sixty (60) days prior to date of the opening of the Proposal which shall set forth outstanding assets and liabilities in reasonable detail. The City may also require the Bidder and its subcontractors to furnish a list of work of similar nature performed with dates of completion thereof. The Bidder or subcontractor shall also furnish any other additional information relative to financial responsibility and competence to do the work as may be requested by the City prior to acceptance of any Proposal. 17.REQUIREMENTS OF CONTRACT BOND The successful Bidder, at the time of execution of the Contract, shall furnish and at all times maintain a satisfactory and sufficient bond in the full amount of the Contract as required by law with a corporate surety satisfactory to the City. The form of bond is that required by Statute. Personal sureties will not be approved. 18.FAILURE TO EXECUTE CONTRACTS Failure to furnish the Contract Bond in a sum equal to the amount of the award, or to execute the Contract within ten (10) days as specified, shall be just cause for the annulment of the award and, in the event of the annulment of the award, the amount of the guaranty deposited with the Proposal shall be retained by the City, not as a penalty, but as liquidated damages. 27 IB-5 19.AWARD OF CONTRACT If the Contract is to be awarded, the City Council will award the Contract to the Bidder whose bid is in the best interest of the City. Award will be based on the Base Bid, plus any bid alternates the City may include. 28 Proposal Form PF-1 CITY OF GOLDEN VALLEY, MINNESOTA City Council City of Golden Valley 7800 Golden Valley Road Golden Valley, MN 55427 Council Members: In accordance with the Advertisement for Bids of the City of Golden Valley, inviting proposals in conformity with the plans and specifications on file in the office of the City Engineer, City of Golden Valley, Minnesota, the undersigned hereby certifies that an examination has been made of the Specifications and the Plans, and the site of the work, and hereby proposes to furnish all necessary machinery, equipment, tools, labor and other means of construction and to furnish all materials specified in the manner and at the time prescribed; and understands that the quantities of work shown herein are approximate only and are subject to increase or decrease; and further understands that all quantities of work, whether increased or decreased, are to be performed at the following unit prices: 29 Rev. 02/11 AN-C-1 AFFIDAVIT AND INFORMATION REQUIRED OF BIDDERS AFFIDAVIT OF NON-COLLUSION: I hereby swear or affirm under penalty of perjury: 1. That I am the Bidder (if the bidder is an individual), a partner in the Bidder (if the Bidder is a partnership), or an officer or employee of the bidding corporation or company having authority to sign on its behalf (if the Bidder is a corporation or company). 2. That the attached bid or bids have been arrived at by the Bidder independently, and have been submitted without collusion and without any agreement, understanding, or planned common course of action with any other vendor of materials, supplies, equipment or services described in the invitation to bid, designed to limit independent bidding or competition. 3. That the contents of the Bid or Bids have not been communicated by the Bidder or its employees or agents to any person not an employee or agent of the Bidder or its surety on any bond furnished with the Bid or Bids, and will not be communicated to any such person prior to the official opening of the Bid or Bids; and 4. That I have fully informed myself regarding the accuracy of the statements made in this affidavit. Signature Firm Name Subscribed and sworn to before me on this _____ day of , 20__. Notary Public. My Commission expires: Bidder Employee Identification Number: (Number used on Employer Quarterly Federal Tax Return, U.S. Treasury Department Form No.941) 30 CC-1 EMPLOYMENT CERTIFICATE OF COMPLIANCE I hereby certify that ____________________ (Bidder) is in compliance with Minnesota Statutes Section 363 as amended and (check one of the two below, as applicable): ________________ Has a certificate of compliance issued by the Department of Human Rights. ________________ Has applied for a certificate of compliance to the Commissioner of Human Rights, which is pending. I also certify that Bidder, and all of its subcontractors, are in compliance as applicable, with Federal Executive Order 11246, September 24, 1965 as amended by Executive Order 11375, October 13, 1967 and U.S. Department of Labor Regulations (41 CFR Part 60), and will not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. I also certify that Bidder, and all of its subcontractors, shall take affirmative action to ensure that applicants for employment are employed, and that employees are treated during employment, without regard to their race, color, religion, sex, or national origin. Such action includes, and is not limited to, the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; and layoff or training, including apprenticeship. Bidder and its subcontractors have posted approved notices setting forth the provisions of this nondiscrimination clause in a place visible to employees and applicants for employment. Bidder and its subcontractors also assure that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex or national origin. Bidder, and all of its subcontractors, shall, upon request, provide access to the City, the State of Minnesota, the Comptroller General of the United States, or any of their duly authorized representatives, any books, documents, papers, and records which are directly pertinent to this contract for the purpose of conducting an audit, examination, excerpts, and transcriptions. Bidder, and all of its subcontractors, shall retain all required records for three (3) years after final payment and all other pending matters are closed on this project. Signature of Bidder Title Name of Company , 20__ Date 31 9-1 CITY OF GOLDEN VALLEY RESPONSIBLE CONTRACTOR CERTIFICATE Applies to all prime contracts in excess of $50,000 A responsible contractor is defined in Minnesota Statutes §16C.285, subdivision 3. Any prime contractor or subcontractor who does not meet the minimum criteria under Minnesota Statutes §16C.285, subdivision 3, or who fails to verify that it meets those criteria, is not a responsible contractor and is not eligible to be awarded a construction contract for the project or to perform work on the project. A false statement under oath verifying compliance with any of the minimum criteria shall render the prime contractor or subcontractor that makes the false statement ineligible to be awarded a construction contract for the project and may result in termination of a contract awarded to a prime contractor or subcontractor that makes a false statement. Before execution of a construction contract, a prime contractor shall submit a verification under oath confirming that all subcontractors that the prime contractor intends to use to perform the project work have verified to the prime contractor, through a signed statement under oath by an owner or officer, that they meet the minimum criteria for a responsible contract. By signing this statement, I, _________________________________________________ (typed or printed name), _____________________________________ (title) certify that I am an owner or officer of the company and do verify under oath that my company is in compliance with each of the minimum criteria listed in the law. ______________________________________________________________________ (name of the person, partnership or corporation submitting this proposal) ______________________________________________________________________ (business address) Signed: ____________________________________ _____________________ (bidder or authorized representative) Date 32 FC - 1 CONTRACT NO. 25-05 AGREEMENT FOR THE 2025 TH 55 OTTAWA WATERMAIN PROJECT PROJECT NO. 25-05 THIS AGREEMENT (this Agreement), entered into the ____ day of ________________, 20__ between the City of Golden Valley (the City), a municipal corporation, existing under the laws of the State of Minnesota, and , a , under the laws of (Contractor). ARTICLE 1. The Contract Documents. The Contract Documents consist of: this Agreement, the Proposal and Bid of the Contractor, the Contractors Bonds, the General Conditions, Special Conditions and any supplementary conditions, drawings, plans, Specifications, addenda issued prior to execution of this Agreement, other documents listed herein or in any of the foregoing documents, and Modifications of the same issued after execution of this Agreement (collectively the Contract or Contract Documents). A Modification is (1) a written amendment to the Contract signed by both parties, (2) a Change Order, (3) a Construction Change Directive, or (4) a written order for a minor change in the Work issued by the Engineer. 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: 1. Modifications to the Contract 2. This Agreement 3. Special Conditions 4. General Conditions 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. ARTICLE 2. The Work. Contractor, for good and valuable consideration the sufficiency of which is hereby acknowledged, covenants and agrees to furnish all materials, all necessary tools and equipment, and to do and perform all work and labor necessary for 2025 TH 55 Ottawa Watermain Project (25-05) (the Project) according to the Plans and Specifications and all of the Contract Documents. Contractor shall commence and conclude the Work in accordance with the Contract Documents. Time is of the essence in this Agreement. Accordingly, Contractor shall complete the Work in accordance with the time schedule for commencement and completion of the Work set forth in the Contract Documents. Contractor shall complete the Work in every respect to the satisfaction and approval of the City. 33 FC - 2 ARTICLE 3. Contract Price. The City shall pay the Contractor the Contract Price in current funds for the Contractors performance of the Contract. The Contract Price shall be $____________, subject to additions and deductions as provided in the Contract Documents. Installment payments, if any, on account of the Work shall be made in accordance with the provisions of the General Conditions. Final payment shall be due and payable on or before thirty (30) days after issuance of a Certificate of Final Completion issued by the City Engineer confirming that the Work has been fully completed and Contractors obligations fully performed by Contractor. ARTICLE 4. Contractors Bonds. Contractor shall make, execute and deliver to the City corporate surety bonds in a form approved by the City, in the sum of $__________ 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. ARTICLE 5. Acceptance of the Work. The City, through its authorized agents, shall be the sole and final judge of the fitness of the Work and its acceptability. ARTICLE 6. Records. Contractor shall keep as complete, exact and accurate an account of the labor and materials used in the execution of the Work as is possible, and shall submit and make this information available as maybe requested by the City. ARTICLE 7. Payment. All payments to Contractor shall be made payable to the order of ____________________, and the City does not assume and shall not have any responsibility for the allocation of payments or obligations of the Contractor to third parties. ARTICLE 8. Cancellation Prior to Execution. The City reserves the right, without liability, to cancel the award of the Contract at any time before the execution of the Contract by all parties. ARTICLE 9. Termination. The City may by written notice terminate the Contract, or any portion thereof, when (1) it is deemed in the best public, state or national interest to do so; (2) the City is unable to adequately fund payment for the Contract because of changes in state fiscal policy, regulations or law; or (3) after finding that, for reasons beyond Contractors control, Contractor is prevented from proceeding with or completing the Work within a reasonable time. In the event that any Work is terminated under the provisions hereof, all completed items or units of Work will be paid for at Contract Bid Prices. Payment for partially completed items or units of Work will be made in accordance with the Contract Documents. 34 FC - 3 Termination of the Contract or any portion thereof shall not relieve Contractor of responsibility for the completed Work, nor shall it relieve Contractors Sureties of their obligations for and concerning any just claims arising out of the Work. ARTICLE 10. 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, 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 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 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. IN WITNESS WHEREOF, both parties hereto have caused this Contract to be signed on their respective behalves by their duly authorized offices and their corporate seals to be hereunto affixed the day and year first above written. THE CITY OF GOLDEN VALLEY, MINNESOTA BY Roslyn Harmon, Mayor BY Noah Schuchman, City Manager CONTRACTOR BY ITS 35 GC - i GENERAL CONDITIONS INDEX Page SECTION I - GENERAL ...................................................................................................1 1. DEFINITIONS...................................................................................................1 2. FAMILIARITY WITH LAWS AND ORDINANCES ............................................3 SECTION II - AWARD AND EXECUTION OF THE CONTRACT ....................................3 1. CONSIDERATION OF PROPOSALS ..............................................................3 2. EXECUTION OF CONTRACT..........................................................................4 3. FAILURE TO EXECUTE CONTRACTS...........................................................4 SECTION III - SCOPE OF WORK....................................................................................4 1. INTENT OF PLANS AND SPECIFICATIONS..................................................4 2. INCREASED OR DECREASED QUANTITIES OF WORK..............................4 3. CHANGES IN THE WORK...............................................................................5 4. UNCLASSIFIED WORK...................................................................................6 5. CONSTRUCTION CHANGE DIRECTIVES......................................................7 6. FINAL CLEAN-UP............................................................................................7 SECTION IV - CONTROL OF WORK ..............................................................................8 1. AUTHORITY OF ENGINEER...........................................................................8 2. CONFORMITY WITH PLANS AND ALLOWABLE DEVIATIONS....................8 3. COORDINATION OF PLANS AND SPECIFICATIONS...................................8 4. COOPERATION BY CONTRACTOR...............................................................8 5. CARE AND PROTECTION OF WORK AND MATERIALS..............................9 6. AUTHORITY AND DUTY OF INSPECTOR .....................................................9 7. INSPECTION..................................................................................................10 8. UNAUTHORIZED WORK...............................................................................10 9. DEFECTIVE WORK.......................................................................................10 10. FINAL INSPECTION ......................................................................................11 11. GUARANTEE.................................................................................................11 12. FOSSILS ........................................................................................................12 SECTION V - CONTROL OF MATERIALS....................................................................12 1. SOURCE AND QUALITY OF MATERIALS....................................................12 2. STANDARD STOCK PRODUCTS.................................................................12 3. TESTS OF MATERIALS.................................................................................12 36 GC - ii 4. STORAGE......................................................................................................13 5. DEFECTIVE MATERIALS..............................................................................13 6. FAILURE TO REMOVE DEFECTIVE MATERIALS.......................................13 SECTION VI - LEGAL RELATIONS AND RESPONSIBILITY TO PUBLIC....................13 1. LAWS TO BE OBSERVED.............................................................................13 2. PERMITS AND LICENSES............................................................................14 3. PATENTED DEVICES, MATERIALS AND PROCESSES.............................14 4. SANITARY PROVISIONS..............................................................................14 5. PUBLIC CONVENIENCE AND SAFETY, BARRICADES, LIGHTS AND WARNING SIGNALS......................................................................................15 6. MAINTENANCE OF DRAINAGE AND ACCESS TO MUNICIPAL AND PRIVATE UTILITIES ......................................................................................15 7. SITES TO BE KEPT CLEAN..........................................................................16 8. NOISE ELIMINATION ....................................................................................16 9. USE OF EXPLOSIVES...................................................................................16 10. PROTECTION AND RESTORATION OF PROPERTY..................................16 11. EXISTING SURFACE, OVERHEAD AND UNDERGROUND STRUCTURES 17 12. MAINTENANCE OF SERVICE IN EXISTING STRUCTURES.......................18 13. RAILWAY AND HIGHWAY CROSSINGS......................................................18 14. RESPONSIBILITY FOR LABOR, MATERIAL, EQUIPMENT AND DAMAGE CLAIM.............................................................................................................19 15. CONTRACTOR’S RESPONSIBILITY FOR WORK........................................19 16. SAFETY PRECAUTIONS AND ACCIDENT PREVENTION..........................19 17. REQUIREMENTS OF CONTRACT BOND....................................................20 18. PUBLIC LIABILITY AND PROPERTY DAMAGE INSURANCE.....................20 19. WORKER’S COMPENSATION INSURANCE................................................22 20. COMPLIANCE WITH EXISTING CONTRACTS BETWEEN THE .................22 SECTION VII - PROSECUTION AND PROGRESS.......................................................22 1. SUBLETTING OR ASSIGNMENT OF CONTRACT.......................................22 2. PROSECUTION OF WORK...........................................................................22 3. LIMITATIONS OF OPERATIONS ..................................................................23 4. CHARACTER OF WORKERS AND EQUIPMENT.........................................23 5. CONTRACTOR’S RIGHT TO REQUEST CHANGES....................................24 6. TEMPORARY SUSPENSION OF WORK......................................................24 7. SUBSTANTIAL COMPLETION......................................................................24 37 GC - iii 8. DETERMINATION AND EXTENSION OF CONTRACT TIME FOR COMPLETION................................................................................................25 9. FAILURE TO COMPLETE WORK ON TIME .................................................25 10. RIGHT OF THE CITY TO DECLARE CONTRACTOR IN DEFAULT.............26 11. COMPLETION OF THE WORK AFTER DEFAULT.......................................27 12. PARTIAL DEFAULT.......................................................................................28 13. TERMINATION OF CONTRACTOR’S RESPONSIBILITY.............................28 SECTION VIII - MEASUREMENT AND PAYMENT.......................................................28 1. MEASUREMENT OF QUANTITIES...............................................................28 2. SCOPE OF PAYMENT...................................................................................29 3. WORK COVERED BY CONTRACT PRICE...................................................29 4. BASIS OF PAYMENT.....................................................................................29 5. PAYMENTS FOR INCREASED OR DECREASED QUANTITIES.................29 6. PAYMENT FOR SURPLUS MATERIALS......................................................29 7. CLAIMS AND PROTESTS.............................................................................30 8. PAYMENT FOR UNCLASSIFIED AND FORCE ACCOUNT WORK.............32 9. PARTIAL PAYMENTS....................................................................................33 10. FINAL PAYMENT...........................................................................................33 11. CERTIFICATE OF COMPLIANCE OF MINNESOTA WITHHOLDING TAX..34 SECTION IX - MISCELLANEOUS PROVISIONS..........................................................34 1. NONDISCRIMINATION..................................................................................34 2. GOVERNMENT DATA...................................................................................35 3. VENUE AND FORUM. ...................................................................................35 4. COUNTERPARTS..........................................................................................35 5. ELECTRONIC SIGNATURES........................................................................35 6. NOTICES........................................................................................................36 7. SEVERABILITY..............................................................................................36 8. NO WAIVER OF LEGAL RIGHTS..................................................................36 38 GC - 1 GENERAL CONDITIONS CITY OF GOLDEN VALLEY SECTION I - GENERAL 1. DEFINITIONS When used in the Contract Documents, the intent and meaning of the below listed terms shall be as follows: A. "A.S.T.M." means the American Society for Testing Materials. B. "Bidder" means any individual, firm or corporation submitting a Proposal for the Work contemplated, acting directly or through a duly authorized representative. C. "City" means the City of Golden Valley, Minnesota. D. "Contract" means the entire agreement covering the performance of the Work and the furnishing of materials in the construction. E. "Contractor" means the individual, firm, partnership, corporation or company with which the City contracts and unless otherwise specified, includes subcontractors of Contractor. F. "Contract Bond" means collectively the approved forms of security furnished by Contractor and Contractor’s Surety or Sureties as a guarantee of good faith on the part of Contractor to execute and pay for the Work in accordance with the terms of the Contract. G. "Contract Price" means the total amount payable by the City to Contractor, including authorized adjustments, for the performance of the Work under the Contract Documents and is stated in the Agreement. H. "Contract Time" means the period of time, including authorized adjustments, allotted in the Contract Documents for Final Completion of the Work. I. "Engineer" means the City Engineer, or her/his designee. J. "Final Completion" means the stage of construction following Substantial Completion when the Contractor has completed all written corrective measures for damaged or defective Work as determined by the Engineer, and has provided 39 GC - 2 all documents required for close out of the Contract as discussed within the Contract Documents. K. "Force Account" means the payment method used for extra work if Contractor and the Engineer are unable to negotiate prices for revised Work. L. "Force Account Work" means work completed on a Force Account basis. M. "Inspector" means an authorized representative of the Engineer, assigned to make any or all necessary inspections of the Work performed and the materials furnished by Contractor. N. "Laboratory" means the testing laboratory that shall be approved by the Engineer to inspect and determine the suitability of materials. O. "Plans" means all approved drawings or reproductions of drawings pertaining to the construction of the Work and appurtenances. P. "Proposal" means the proposal for the Work submitted by the Bidder on the Proposal Form. Q. "Proposal Form" means the approved form on which the Bidder submits its Proposal for the Work contemplated. The Proposal may also be referred to as the bid. R. "Proposal Guarantee" means the security designated in the Proposal to be furnished by the Bidder as a guarantee of good faith to enter into a contract with the City if the Work is awarded to the Bidder. S. "Specifications" means the directions, provisions and requirements contained in the Contract Documents, together with all written agreements made or to be made, pertaining to the method and manner of performing the Work, or to the quantities and qualities of materials to be furnished under the Contract Documents. T. "Substantial Completion" is the stage in the progress of the Work when the Work or a designated portion thereof is sufficiently complete in accordance with the Contract Documents so that the City can occupy or use the Work for its intended purpose. For the avoidance of doubt, unless otherwise agreed, Substantial Completion requires all of the following to be complete: all utility and storm sewer installation (except as noted below), placement of the base course and wear course of bituminous, sidewalk and pedestrian ramps, curb and gutter, driveway pavement, signage, sod, seed, pavement markings and project cleanup. Sanitary sewer lining and wye grouting or wye lining need not be complete to achieve 40 GC - 3 Substantial Completion; however, all work related to these items shall be completed prior to Final Completion. U. "Surety" is the individual or corporate surety that is bound with and for Contractor for the acceptable performance of the Contract and for its payment of all obligations pertaining to the Work. V. "Unclassified Work" means all work and materials that are not included under any items in the Proposal and Contract, for which a unit price has been submitted. W. The "Work" means the construction and services required by the Contract Documents, whether completed or partially completed, and includes all other labor, materials, equipment, and services provided or to be provided by Contractor to fulfill Contractor’s obligations. The Work may constitute the whole or a part of the Project. X. Meaning of expressions - In order to avoid cumbersome and confusing repetition of expressions in these Specifications, whenever it is provided that anything is, or is to be done or is, "contemplated," "required," "directed," "specified," "authorized," "ordered," "given," "designated," "indicated," "considered necessary," "permitted," "suspended," "approved," "acceptable," "unacceptable," "suitable," "unsuitable," "satisfactory," "unsatisfactory," or "sufficient," it shall be taken to mean and intend by or to the Engineer. 2. FAMILIARITY WITH LAWS AND ORDINANCES Contractor is assumed to have made itself familiar with all laws, ordinances and regulations which in any manner affect those engaged or employed in the Work, or the materials or equipment used in or upon the improvement, or in any way affect the conduct of the Work. No plea of misunderstanding will be considered on account of the ignorance thereof. The provisions of such laws or ordinances are deemed to be a part of these Specifications, and Contractor shall be bound by the provisions thereof. SECTION II - AWARD AND EXECUTION OF THE CONTRACT 1. CONSIDERATION OF PROPOSALS Comparison of proposals will be based on the correct summation of item totals, obtained from the Proposal Form. In the case of errors on a Proposal Form, the unit price shall be used to determine the correct total for a bid item. The City reserves the right to award any or all alternate bid items, or any combination thereof, in the best interest of the City. The City reserves the right to reject any or all Proposals and to waive defects or technicalities as it may deem in the best interest of the City. 41 GC - 4 2. EXECUTION OF CONTRACT The individual, firm, partnership, corporation or company to which the Contract has been awarded shall sign the necessary agreements, enter into a contract with the City, and shall return all necessary documents to the office of the City Clerk of Golden Valley within ten (10) days after it has received notice of award. 3. FAILURE TO EXECUTE CONTRACTS Failure to furnish the Contract Bonds in the sum equal to the amount of the award, or to execute the Contract within ten (10) days as specified, shall be just cause for annulment of the award. It shall be understood by the Bidder that, in the event of annulment of the award, the amount of the Proposal Guarantee deposited with the Proposal shall be retained by the City, not as a penalty, but as liquidated damages to compensate the City for additional costs and expenses. SECTION III - SCOPE OF WORK 1. INTENT OF PLANS AND SPECIFICATIONS The intent of the Plans and Specifications is to prescribe the complete Work or improvement that Contractor undertakes to do. The Plans and Specifications shall be read and interpreted in conjunction with the Contract Documents. Unless otherwise provided, it is understood that Contractor shall furnish all labor, material, equipment, tools, transportation, necessary supplies and incidentals as may reasonably be required to complete the Work in accordance with the Plans, Specifications and other Contract Documents. The approved Plans are on file in the office of the City Clerk, City of Golden Valley, Golden Valley City Hall, 7800 Golden Valley Road, Golden Valley, Minnesota 55427, and show the location, details and dimensions of the Work. Any deviations from the Contract Documents as may be required during construction shall, in all cases, be determined by the Engineer and authorized in writing by the Engineer before such deviations are consummated. The City may attach addenda to these Specifications, to be filed with such Specifications and incorporated as part thereof, at the office of the City Clerk of Golden Valley. Bidders shall be responsible to examine such Specifications as are on file for addenda before submitting Proposals. 2. INCREASED OR DECREASED QUANTITIES OF WORK The Engineer shall have the sole right to increase or decrease any or all of the items specified in the Contract Documents, including the elimination of any one or more 42 GC - 5 items. Such changes shall not invalidate the Contract. If quantities originally contemplated are materially changed, Contractor shall request a cost adjustment in writing in compliance with the Change Order requirements set forth in Section 3 herein. Approval of any such cost adjustment shall be at the sole discretion of the Engineer and the Engineers decision shall be final on any and all matters concerning cost adjustment. No payment for changed items shall be made to Contractor until both parties have signed the Change Order. Except in the case of minor changes in the Work approved or ordered by the Engineer in accordance with Section III (3)(D), or ordered by the Engineer in accordance with Section III (3)(C), Contractor may make substitutions only with the consent of the City, after evaluation and written approval by the Engineer and in accordance with a Change Order. 3. CHANGES IN THE WORK A. GENERAL Changes in the Work may be accomplished after execution of the Contract, and without invalidating the Contract, by Change Order, Construction Change Directive or order for a minor change in the Work, subject to the limitations stated in this Section and elsewhere in the Contract Documents. A Change Order shall be based upon agreement between the City and Contractor. A Construction Change Directive may be issued by the Engineer and may or may not be agreed to by Contractor. An order for a minor change in the Work may be issued by the Engineer alone and shall not involve a change in the Contract Price or Contract Time. Changes in the Work shall be performed under applicable provisions of the Contract Documents. Contractor shall proceed promptly with changes in the Work, unless otherwise provided in the Change Order, Construction Change Directive, or order for a minor change in the Work. B. CHANGE ORDERS A Change Order is a written instrument prepared by the Engineer and signed by the City and Contractor stating their agreement upon all of the following: i) The change in the Work; ii) The amount of the adjustment, if any, in the Contract Price; and iii) The extent of the adjustment, if any, in the Contract Time. C. MINOR ALTERATIONS OF PLANS OR CHARACTER OF WORK The Engineer may order minor changes in the Work that are consistent with the intent of the Contract Documents and do not involve an adjustment in the Contract Price or Contract Time. The Engineers order for minor changes shall be made in writing. If Contractor believes that the proposed minor change in the Work will affect the Contract Price or Contract Time, Contractor shall notify the Engineer and shall 43 GC - 6 not proceed to implement the change in the Work. If Contractor performs the Work set forth in the Engineers order for a minor change without prior notice to the Engineer that such change will affect the Contract Price or Contract Time, Contractor waives any adjustment to the Contract Price or extension of the Contract Time. D. ELIMINATION OF WORK Should the City eliminate any Contract items from the Contract, delete any Work, or order termination on a Contract item before completion of that unit, Contractor shall be reimbursed for all costs incurred prior to notification that are not the result of unauthorized work. Compensation will be made on the following basis: i) Accepted quantities of Work completed in accordance with the Contract will be paid for at the Contract prices. ii) For materials that have been ordered but not incorporated in the Work, reimbursement will be made in accordance with the procedure set out for Surplus Material. iii) For partially completed items, accepted Work shall be paid for on the basis of a percentage of the Contract bid price equal to the percentage of actual accomplishment toward completion of the item. In arriving at this percentage, the value of materials incorporated in the partially completed items will be considered to be the actual purchase price of the materials, plus transportation costs, to which will be added fifteen percent (15%) of the sum thereof. Contractor shall also be reimbursed for such actual expenditures for equipment, mobilization, and overhead as the City considers directly attributable to the eliminated work and that are not recovered as part of the direct payment for the Work. Payment for completed Work at the Contract prices and for partially completed Work and materials in accordance with the above provisions, together with such other allowances as are made for fixed costs, shall constitute final and full compensation for the Work related to those Contract items that have been partially or totally eliminated from the Contract. 4. UNCLASSIFIED WORK All work and materials that are not included under any items in the Proposal or Contract Documents and for which a unit price has been submitted, shall be designated as Unclassified Work. Before any Unclassified Work is performed, the Engineer shall submit to Contractor for its acceptance, a Change Order stating the location, nature, estimate of quantities, and basis of payment of work to be performed. When this Change Order has been signed by both parties, it shall become part of the Contract. 44 GC - 7 Any Change Order shall stipulate a unit price or lump sum for the performance of work. Where a change in the Contract Price or Contract Time cannot be agreed upon, the Unclassified Work shall be completed pursuant to a Construction Change Directive and payment shall be made on a Force Account basis. 5. CONSTRUCTION CHANGE DIRECTIVES A Construction Change Directive is a written order prepared by the Engineer directing a change in the Work prior to agreement on adjustment, if any, in the Contract Price or Contract Time, or both. The City may by Construction Change Directive, without invalidating the Contract, order changes in the Work within the general scope of the Contract consisting of additions, deletions, or other revisions, the Contract Price and Contract Time being adjusted accordingly. A Construction Change Directive shall be used in the absence of total agreement on the terms of a Change Order. If the Construction Change Directive provides for an adjustment to the Contract Price, the adjustment shall be made as provided in Section VIII below. If Contractor disagrees with the adjustment in the Contract Price or Contract Time, Contractor may make a Claim in accordance with applicable provisions of Section VIII(6). Upon receipt of a Construction Change Directive, Contractor shall promptly proceed with the change in the Work involved and advise the Engineer of Contractors agreement or disagreement with the method, if any, provided in the Construction Change Directive for determining the proposed adjustment in the Contract Price or Contract Time. When the City and Contractor agree with a determination made by the Engineer concerning the adjustments in the Contract Price and Contract Time, or otherwise reach agreement upon the adjustments, such agreement shall be effective immediately and the Engineer shall prepare a Change Order. Change Orders may be issued for all or any part of a Construction Change Directive. A Construction Change Directive signed by Contractor indicates Contractors agreement therewith, including adjustment in Contract Price and Contract Time or the method for determining them. Such agreement shall be effective immediately and shall be recorded as a Change Order. 6. FINAL CLEAN-UP Upon completion of the Work and before acceptance, issuance of the Certificate of Final Completion and final payment, Contractor shall remove from the street and adjacent property, all surplus and discarded materials, equipment, rubbish and temporary structures; restore in an acceptable manner all property, both public and private, which has been damaged during the prosecution of the Work; and shall leave the site in a neat and presentable condition subject to the approval of the Engineer. 45 GC - 8 SECTION IV - CONTROL OF WORK 1. AUTHORITY OF ENGINEER The Engineer shall decide any and all questions which may arise as to (1) the quality and acceptability of materials furnished and Work performed; (2) the manner of performance and rate of progress of the Work; (3) the interpretation of the Plans and Specifications; (4) the acceptable fulfillment of the Contract on the part of Contractor; and (5) the amount and quantity of the several kinds of Work performed and materials furnished under the Contract. 2. CONFORMITY WITH PLANS AND ALLOWABLE DEVIATIONS No deviations from the Plans or the approved working drawings shall be permitted without the written approval of the Engineer. 3. COORDINATION OF PLANS AND SPECIFICATIONS Contractor shall take no advantage of any apparent error or omission in the Plans or Specifications, and the Engineer shall be permitted to make such corrections and interpretations as may be deemed necessary for the fulfillment of the Plans and Specifications. Any work not specified herein or in the Plans, but which may be fairly implied or understood as included in the Contract, shall be completed by Contractor without extra charge. Any ambiguity or discrepancy in the Plans or Specifications shall be adjusted by using the best class of work or materials. In the case of any discrepancy between the scale and figures in the Plans, drawings, etc., the figured dimensions shall govern. In the case of any discrepancy between the quantities shown in the Proposal and those shown in the Plans, the Plans shall prevail. In case any other discrepancy occurs between the Plans and the Specifications, the decision of the Engineer shall be decisive thereon. 4. COOPERATION BY CONTRACTOR The City shall supply Contractor with five copies of the Plans and Specifications. Contractor shall have said Plans and Specifications available at the Project at all times during the prosecution of the Work. Contractor shall give the Work its constant attention to facilitate progress and shall cooperate with the Engineer in setting and preserving stakes, benchmarks, etc., and in all other things that are necessary for satisfactory completion of the Work. Contractor shall have a competent and reliable superintendent acting as Contractors representative on the job at all times. This representative shall supervise all of Contractors workforce, including its subcontractors, during all phases and in all aspects of the Work. All orders from the Engineer shall be directed through the superintendent. 46 GC - 9 Contractor shall provide a list, as deemed necessary by the Engineer, of emergency contacts, including names and 24-hour telephone numbers, to the City. 5. CARE AND PROTECTION OF WORK AND MATERIALS From the commencement of the Work until the final acceptance of the same, Contractor shall be solely responsible for the care of the Work and for the materials delivered to the site and intended to be used in the Work. All injury or damage to the same from whatever cause, shall be made good at Contractors expense. Contractor shall provide suitable means of protection for and shall protect all materials intended to be used in the Work and shall provide similar protection for all Work in progress as well as completed Work. Contractor shall at all times take all necessary precautions to prevent injury or damage to the Work in progress, including but not limited to protection for damage or injury caused by flood, freezing, or inclement weather of any kind. Only approved methods shall be used for this purpose. 6. AUTHORITY AND DUTY OF INSPECTOR The Inspector shall be authorized to inspect all Work and materials furnished. Such inspection may extend to all or any part of the Work and to the preparation or manufacture of the materials to be used. An inspector shall be stationed on the Work to report to the Engineer as to the progress of the Work and the manner in which it is being performed. The Inspector shall also report to the Engineer whenever it appears that the materials furnished or the Work performed by Contractor fail to fulfill the requirements of the Specifications and Contract, and shall bring any such failure or other infringement to Contractors attention. Such inspection, however, shall not relieve Contractor from any obligation to perform all of the Work strictly in accordance with the requirements of the Specifications. In case of any dispute arising between Contractor and the Inspector as to materials furnished or the manner of performing the Work, the Inspector shall have the authority to reject materials or suspend the Work until the questions at issue can be referred to and decided by the Engineer. If Contractor uses rejected materials or fails to suspend the Work, all Work performed by Contractor under such suspension or rejection shall be considered unauthorized work and subject to rejection or replacement by Contractor at Contractors expense. The Inspector shall not be authorized to revoke, alter, enlarge, relax or release any requirements of these Specifications nor to approve or accept any portion of the Work, or to issue instructions contrary to the Plans and Specifications. The Inspector shall in no case act as foreman or perform other duties for Contractor, nor shall the Inspector interfere with the management of the Work by Contractor. Any advice that the Inspector may give to Contractor shall in no way be construed as binding upon the City in any way, nor shall any such advise release Contractor from fulfillment of the terms of the Contract. 47 GC - 10 7. INSPECTION The Engineer or the Engineers representative shall be allowed access to all parts of the Work at all times and shall be furnished such information and assistance by Contractor as may be required to make a complete and detailed inspection. Such inspection may include mill, plant, or shop inspection of materials and workmanship. 8. UNAUTHORIZED WORK Work done without lines and grades, Work done beyond the lines and grades shown on the Plans, or as given, except as herein provided, or any Unclassified Work done without written authority shall be considered unauthorized and at the expense of Contractor and will not be measured or paid for by the City. Work so done may be ordered removed and replaced at Contractor’s expense. 9. DEFECTIVE WORK All Work not conforming to the requirements of the Contract Documents shall be considered defective and may be rejected by the Engineer by providing written notice of the defect to Contractor. Contractor shall promptly correct Work rejected by the Engineer or failing to conform to the requirements of the Contract Documents and whether or not fabricated, installed or completed. Costs of correcting such rejected Work, including additional testing and inspections, the cost of uncovering and replacement, and compensation for the Engineers services and expenses made necessary thereby, shall be at Contractors expense. Should Contractor fail or refuse to remove or renew any defective Work, or to make any necessary repairs in an acceptable manner and in accordance with the requirements of the Contract Documents within the time indicated by the City, the Engineer shall have the authority to cause the unacceptable or defective Work to be removed and renewed or repaired at Contractor’s expense. Any expense incurred by the City in making these removals, renewals or repairs, which Contractor has failed or refused to make, shall be paid for out of any monies due or which become due Contractor, or may be charged against the Contract Bonds. Continued failure or refusal on the part of Contractor to make any or all necessary repairs promptly, fully and in an acceptable manner shall be sufficient cause for the City, at its option, to purchase materials, tools and equipment, and employ labor or to contract with any other individual, firm or corporation, to perform the Work. All costs and expenses so incurred shall be charged against Contractor and the amount thereof deducted from any monies due or which may become due to Contractor under this Contract, or shall be charged against the Contract Bonds. Any work performed, as described in this section, shall not relieve Contractor in any way from its responsibility to perform the Work. The City shall also have authority to take over and use defective Work without compensation to Contractor, when Contractor fails or refuses to rebuild such defective Work. 48 GC - 11 10.FINAL INSPECTION The Engineer will make final inspection of all Work, and any portion thereof, as soon as practicable after notification by Contractor that such Work is nearing completion. If the inspected Work is not acceptable to the Engineer at the time of the Engineers inspection, the Engineer shall advise Contractor in writing as to the particular defects to be remedied. If, within a period of ten (10) days after such notification, Contractor has not taken steps to speedily complete the Work as directed, the Engineer may, without further notice and without in any way impairing the Contract, make such other arrangements as the Engineer may deem necessary to have such Work completed in a satisfactory manner. The cost of completing such Work shall be deducted from any monies due, or which may become due Contractor on the Contract. 11.GUARANTEE In addition to Contractors obligations under Section IV paragraph 9, if, within one year after the date of Final Completion of the Work, or by terms of any applicable special warranty required by the Contract Documents, any of the Work is found to be not in accordance with the requirements of the Contract Documents, Contractor shall correct it promptly after receipt of notice from the City to do so, unless the City has previously given Contractor a written acceptance of such condition. The City shall give such notice promptly after discovery of the condition. If, during the one-year period for correction of Work, the City fails to notify Contractor and give Contractor an opportunity to make the correction, the City waives the right to require correction by Contractor and to make a claim for breach of warranty. 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 Contractors expense. The one-year period for correction of Work shall be extended with respect to portions of Work first performed after Final Completion by the period of time between Final Completion 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 Contractors liability with respect to Contractors obligations other than specifically to correct the Work. 49 GC - 12 12.FOSSILS If any fossils or treasure or other unusual or valuable geological formations are found in the process of excavating, such fossils and sample of geological formations shall be carefully preserved by Contractor and given to the Engineer and shall be the property of the City. SECTION V - CONTROL OF MATERIALS 1. SOURCE AND QUALITY OF MATERIALS The source of supply of the materials to be used shall be approved by the Engineer before delivery is started. The approval of the source of any material will stand only so long as the material itself conforms to the Specifications. Only materials conforming to the requirements of these Specifications shall be used in the Work. The source of any materials shall not be changed at any time without the written approval of the Engineer. Contractor may be required, at any time, to furnish a complete statement of the original composition and manufacturer of any or all materials required in the Work, or to submit sample of the same. 2. STANDARD STOCK PRODUCTS All materials, supplies and articles furnished shall, whenever so specified, and otherwise wherever practicable, be the standard stock products of recognized, reputable manufacturers. The standard stock products of manufacturers other than those specified may be accepted when it is proved to the satisfaction of the Engineer that they are equal to or better than the specified products in strength, durability, usefulness and convenience for the purpose intended. Whenever reference is made herein to A.S.T.M. Specifications, it shall be understood that the latest revision of the A.S.T.M. at the time of award of Contract is implied. 3. TESTS OF MATERIALS When tests of materials are necessary, such tests shall be made by and at the expense of the City unless otherwise provided. Contractor shall afford such facilities as the Engineer may require for collecting and forwarding samples, and shall not use the materials represented by the samples until tests have been made and the materials have been found to satisfy the requirements of these Specifications. Contractor shall, in all cases, furnish the required samples without charge. The quantity of materials Contractor must furnish shall be a reasonable amount, deemed by the Engineer, to effectively test such materials to verify compliance with the Specifications and/or meet requirements from non-City funding sources. 50 GC - 13 4. STORAGE Materials shall be stored so as to insure the preservation of their quality and fitness for the Work and such materials, even though approved before storage, shall be subject to test, and must meet the requirements of these Specifications at the time it is proposed to incorporate them in the Work. Materials shall be stored in a manner that will facilitate inspections and protect the general public from injury. The portion of the right-of-way not required for public travel may, with the consent of the Engineer, be used for storage purposes, and for the placing of Contractor’s plant and equipment, but any additional space required, unless otherwise stipulated, shall be provided by Contractor at its expense. 5. DEFECTIVE MATERIALS All materials not conforming to the requirements of these Specifications shall be considered as defective and all such materials, whether in place or not, will be rejected and shall be removed immediately from the right-of-way unless otherwise permitted by the Engineer. No material that has been rejected - the defects on which have been corrected or removed - shall be used until the Engineers written approval has been given. 6. FAILURE TO REMOVE DEFECTIVE MATERIALS Should Contractor fail or refuse to remove and renew any defective materials within the time indicated in writing, the Engineer shall have the authority to cause the unacceptable or defective materials to be removed and renewed at Contractor’s expense. Any expense incurred by the City in making these removals or renewals, which Contractor has failed or refused to make, shall be paid for out of any monies due or which may become due Contractor under this Contract, or may be charged against the "Contract Bond" deposited. SECTION VI - LEGAL RELATIONS AND RESPONSIBILITY TO PUBLIC 1. LAWS TO BE OBSERVED Contractor shall observe and comply with all laws, ordinances, regulations and decrees which may, at any time or in any manner, affect the equipment or materials used at the Project, the conduct of the Work or those employed to complete the Work. No plea of misunderstanding will be considered on account of the ignorance thereof. Contractor further agrees that in connection with the employment and hiring of the labor necessary for the performance of the Work, or any subcontract hereunder, Contractor will not discriminate against any person or persons contrary to the provisions of Minnesota Statutes 181.9, which is hereby incorporated by reference. 51 GC - 14 Contractor and Contractors Surety shall, indemnify and save harmless the City and all of its officers, agents and servants against any claim or liability arising from or based on the violation of any law, ordinance, regulation or decree, whether by itself or its employees. If Contractor shall discover any provisions in the Plans, Contract, or these Specifications or any direction of the Engineer or Inspector which is contrary to or inconsistent with any such law, ordinance, regulation or decree, Contractor shall immediately report its inconsistency to the Engineer in writing. 2. PERMITS AND LICENSES Contractor shall procure all permits and licenses as required in the Contract documents, pay all charges and fees and give all notices necessary and incidental to the due and lawful prosecution of the Work. 3. PATENTED DEVICES, MATERIALS AND PROCESSES If the Contract requires, or Contractor desires the use of any design, device, material or process covered by letter, patent or copyright, trademark or trade name, Contractor shall provide for such use by suitable legal agreement with the patentee or owner allowing use of such design, devise, material or process in the Work. A copy of said agreement shall be filed with the City. If no such agreement is made or filed as noted, Contractor and Contractors Surety shall indemnify and save harmless the City from any and all claims for infringement by reason of the use of any such patented design, device, material or process, or any trademark or trade name or copyright in connection with the Work agreed to be performed under the Contract, and shall indemnify the City for any costs, expenses and damages which it may be obliged to pay, including costs, expense and attorneys fees incident to litigation by reason of any such infringement at any time during the prosecution or after the completion of the Work. 4. SANITARY PROVISIONS Contractor shall observe and comply with all laws, rules and regulations of the State and Local Health Authorities and shall take such precautions as are necessary to avoid creating unsanitary conditions. Contractor shall provide and maintain suitable sanitary conveniences for the use of all persons employed on the Project. Such facilities shall be properly screened from public observation, in sufficient numbers, in such manner and at such points as shall be approved by the Engineer. Contractor shall rigorously prohibit committance of nuisances within, on or about the Work. Any employee found violating these provisions shall be discharged and not again employed on the Work without the written consent of the Engineer. Contractor shall supply sufficient drinking water to all of the work force employed, but only from such sources as shall be approved by 52 GC - 15 the Engineer. Contractor shall also obey and enforce such other sanitary regulations and orders and shall take such precautions against infectious disease as may be deemed necessary by the Engineer. 5. PUBLIC CONVENIENCE AND SAFETY, BARRICADES, LIGHTS AND WARNING SIGNALS Where the Work is carried on in or adjacent to any street, alley or public place, Contractor shall, at Contractors own cost and expense, furnish and erect such barricades, fences, lights and danger signals, and shall take such other precautionary measures for the protection of persons and property and of the Work as is necessary or required by the Contract Documents. Excavations in or adjacent to public streets or alley in which water stands more than one (1) foot deep or where banks of the excavation are subject to collapse or cave-in shall be securely barricaded with snow fence so as to prevent access by children and adults during the period when work is not being carried on at the site of excavation. Barricades shall be painted in a color and reflectorized in accordance with the provisions of the most current version of the Minnesota Manual of Uniform Traffic Control Devices (MMUTCD). From sunset to sunrise, Contractor shall furnish and maintain at least two (2) flashing lights at each barricade. A sufficient number of barricades shall be erected to keep vehicles from being driven on or into any of the Work and to warn pedestrians and children of the existence of the excavation at all open points. When a detour is necessary because a street is blocked by the Work, the Engineer shall designate its route and Contractor shall furnish and post detour signs at places designated approved by the Engineer. All signs shall be in accordance with the most current version of the MMUTCD and appendices. Contractor shall be responsible for all damage to the Work due to failure of barricades, signs, and lights to protect it, and whenever evidence of such damage is found, the Engineer may order the damaged portion immediately removed and replaced by Contractor at Contractors expense. Contractor’s responsibility for the maintenance of barricades, signs and lights, and for providing the watchmen, shall not cease until the Project has been accepted by the City. 6. MAINTENANCE OF DRAINAGE AND ACCESS TO MUNICIPAL AND PRIVATE UTILITIES On all Work, Contractor shall provide and maintain free access to gas valves, manholes and similar facilities. Contractor shall also provide and maintain free access to all fire hydrants, gate valves, manholes, and appurtenant equipment of the Citys water distribution and sanitary sewer systems. Contractor shall provide for the flow of all water courses, storm sewers and storm drains, and shall keep all gutters and waterways open or make other provisions for the free removal of storm water. Contractor shall be liable for any damages or costs 53 GC - 16 incurred by the City due to flood conditions, or backing up of sanitary or storm sewers or storm drains caused by the Work. Contractor also agrees to indemnify the City and its agents and employees against claims relating to or arising from any such backups or flooding. 7. SITES TO BE KEPT CLEAN Contractor shall clean and keep clean from waste materials or refuse resulting from its operations, the streets, the Work and public property occupied by Contractor. Equipment not usable on the Work shall be promptly removed and the adjacent premises maintained in a neat and orderly condition at all times. Advertising signs in general will not be permitted at the Project. 8. NOISE ELIMINATION 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 Engineer. 9. USE OF EXPLOSIVES If it is necessary to use explosives in the performance of the Work, Contractor shall take out permits and comply with all laws, ordinances and regulations governing same. Contractor shall fully protect all completed Work as well as all overhead, surfaces or underground structures and shall be liable for any damage done to the Work or other structures on public or private property and injuries sustained by persons by reason of the use of explosives in Contractors operations. Explosives shall be handled, used and fired only by experienced personnel. All firing shall be done by electricity. All explosive supplies shall be safely stored and protected in an approved manner. All such storage places shall be marked clearly, "DANGEROUS EXPLOSIVES ". Caps or other exploders shall not be stored at the place where dynamite or other explosives are stored. 10.PROTECTION AND RESTORATION OF PROPERTY Where the Work passes over or through private property, the City shall secure a license, right of entry, right-of-way agreement or easement. Contractor shall not receive any extra compensation or be entitled to any extras because of delay on the part of the City in obtaining right-of-way or easement access. Contractor shall not enter upon private property for any purpose without obtaining written permission from the property owner. Contractor shall, at Contractors own expense, protect and restore any public or private property damaged or injured in consequence of any act or omission on Contractors part or on the part of Contractors employees or subcontractors, to a condition equal to or better than that existing before such damage or injury occurred. If Contractor neglects to restore or make good such damage or injury, the Engineer may, upon forty-eight (48) hours notice, proceed to 54 GC - 17 restore or make good such damage or injury and to order the cost thereof deducted from any monies that are or may come due to Contractor. Contractor shall restore at Contractors own expense all parks, streets, alleys, roads, or public highways, and the public structures and improvements which may occupy such parks, streets, roads, alleys, or public highways, including but not limited to water mains, water connections and appurtenances, sewer, manholes, catch basins, and sewer connections, ornamental light poles, and cables. All persons, firms, trustees, and corporations having buildings, structures, works, conduits, mains, pipes, tracks, poles, wires, cables, ducts, or other physical structures and improvements in, over, or under the public lands, streets, roads, alleys, or highways, shall be notified by the City to shift, adjust, accommodate or remove any such interfering works so as to comply reasonably with the requirements of construction. Thereafter, Contractor shall be responsible for all just and proper claims for damages caused to or on account of such interference or removal, and shall at Contractors own cost and expense reimburse such persons, firms, trustees and corporations all just and proper claim for such removal and replacement or repair. Contractor shall include the cost of such interference, removal and replacement in the various affected unit and lump sum prices, and no separate payment will be made to Contractor for any cost involved by reason of any causes or situations arising from such interference, removal or replacement. Land monuments shall not be moved or otherwise disturbed except as may be directed by the Engineer. 11.EXISTING SURFACE, OVERHEAD AND UNDERGROUND STRUCTURES Prior to construction, 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. 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 prior to submitting its Proposal. The sizes, locations and depths of such structures as are shown on the Plans and profiles are only approximate and Contractor shall satisfy itself as to the accuracy of the information given. 55 GC - 18 Contractor shall not claim or be entitled to receive compensation for any damages sustained by reason of the inaccuracy of the omission of any of the information given on the drawings relative to the surface, overhead or underground structures or by reason of Contractors failure to properly protect and maintain such structures. Contractor shall exercise extreme care in crossing, or working adjacent to, all utilities and shall be responsible to protect and maintain their operation during the Work. Contractor shall restore, at its expense, any public structures such as, including but not limited to, water mains, water connections, and appurtenances, sewers, manholes, catch basins, culverts, and sewer connections which are damaged or injured in any way by Contractors acts or the acts of its employees, agents or subcontractors. Contractor shall indemnify and save harmless the City from any suit, claim, demand or expense, including attorneys fees and costs, brought for or on account of any damage, maintenance, removal, replacement, or relocation of mains, conduits, pipes, poles, wires, cables or other structures of private utility firms or corporations whether underground or overhead, that may be caused or required by Contractor during the Work. However, in cases involving an overhead or underground privately owned utility installed and located in accordance with a permit issued by the City, if, in the opinion of the Engineer, the relocation of said utility is required to facilitate the Work, the City shall provide for such relocation, to the extent allowed under the permit or applicable law. 12.MAINTENANCE OF SERVICE IN EXISTING STRUCTURES All existing overhead, surface or sub-surface structures, together with all appurtenances and service connections except those otherwise provided for herein, encountered or affected in any way during Work shall be maintained in service at all times unless other arrangements satisfactory to the agencies responsible for such utility are made. The cost of this work shall be included in the price paid under the items applicable thereto and there shall be no separate payment for it. 13.RAILWAY AND HIGHWAY CROSSINGS Where the Work encroaches upon any right-of-way of any railway, State or County Highway, the City shall make application for the necessary easement or permit for the Work. Where railway tracks or highways are to be crossed, Contractor shall observe all regulations and instructions of the railway company and Highway Department and other applicable federal, state or local regulations as to methods of doing the Work, or precautions for safety of property and the public. Contractor will not be paid compensation for such railway or highway crossing applications or regulations unless otherwise provided for in the Proposal or other Contract Documents. 56 GC - 19 14.RESPONSIBILITY FOR LABOR, MATERIAL, EQUIPMENT AND DAMAGE CLAIM To the fullest extent permitted by law, Contractor shall indemnify and hold harmless the City and its agents and employees from and against claims, damages, losses, and expenses, including but not limited to attorneys fees, arising out of or resulting from performance of the Work, provided that such claim, damage, loss, or expense is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property, but only to the extent caused by the negligent acts or omissions of Contractor, a Subcontractor, anyone directly or indirectly employed by them, or anyone for whose acts they may be liable, regardless of whether or not such claim, damage, loss, or expense is caused in part by a party indemnified hereunder. Such obligation shall not be construed to negate, abridge, or reduce other rights or obligations of indemnity that would otherwise exist as to a party or person described in this Section or any other obligations of indemnity under the Contract Documents. In claims against any person or entity indemnified under this Section by an employee of Contractor, a Subcontractor, anyone directly or indirectly employed by them, or anyone for whose acts they may be liable, the indemnification obligation under this Section shall not be limited by a limitation on amount or type of damages, compensation, or benefits payable by or for Contractor or a Subcontractor under workers compensation acts, disability benefit acts, or other employee benefit acts. 15.CONTRACTOR’S RESPONSIBILITY FOR WORK Until acceptance, the Work and all materials shall be under Contractors charge and care, and Contractor shall take every reasonable precaution against injury or damage to the Work or to any part thereof by the action of the elements or from any other cause whatsoever. Contractor shall rebuild, repair, restore and make good, at Contractors own expense, all injuries or damages to any portion of the Work occasioned by any of the above causes before its completion and acceptance. 16.SAFETY PRECAUTIONS AND ACCIDENT PREVENTION Contractor shall observe and comply with all requirements of the Engineer as to the safety of the workforce to be employed on the Project. Contractor shall also comply with all safety measures recommended or required by any governmental agency, including the Department of Labor and Industry and the Division of Accident Prevention of the Industrial Commission of Minnesota, and with the requirements of the Worker’s Compensation Act and any amendments thereto. Contractor shall be responsible for all safety issues on the Project. Contractor must, however, comply with all orders from the City for implementing any additional requirements relating to safety concerns. 57 GC - 20 17.REQUIREMENTS OF CONTRACT BOND The successful Bidder, at the time of the execution of the Contract, shall furnish, and at all times, maintain a satisfactory and sufficient PERFORMANCE BOND AND PAYMENT BOND, each in the full amount of the Contract, as required by law, with Sureties satisfactory to the City. The form of the Contract Bond is that required by Statute. Personal Sureties will not be approved. The Contract Bond shall be acknowledged by both principal and Surety, and the execution thereof witnessed by two witnesses as to each party. Minnesota Statutes, Chapter 13, requires that the City make all payment and performance bonds available for inspection and copying upon request. All claims on Contractors Bonds shall be brought in accordance with the requirements of Minnesota Statutes Chapter 574. 18.PUBLIC LIABILITY AND PROPERTY DAMAGE INSURANCE Contractor shall purchase and maintain, at Contractors own cost and expense, insurance of the types and limits of liability, containing endorsements and subject to the terms and conditions described herein and in the Contract Documents, including but not limited to property damage and public liability coverage. The City shall be named as an additional insured under Contractors policies of insurance. The policies of insurance shall indemnify the City and all of its officers, agents, consultants and employees, from all property or personal injury claims. Contractor shall not commence the Work until it has obtained all the insurance described below, provided proof of such coverage to the City, and the City has approved Contractors insurance. All policies and certificates shall provide that the policies shall remain in force and effect throughout the term of the Contract. A. Policy Requirements i) Workers Compensation Insurance: a. Statutory Compensation Coverage: b. Coverage B Employers Liability with limits of not less than: 1. $100,000 Bodily Injury per Disease per Employee 2. $500,000 Bodily Injury per Disease Aggregate 3. $100,000 Bodily Injury by Accident ii) Automobile Liability Insurance: a. Minimum Limits of Liability: 1. $2,000,000 Per Occurrence Bodily Injury and Property Damage Combined Single Limit b. Coverages: X Owned Automobile, if any X Non-Owned Automobile 58 GC - 21 X Hired Automobile X City of Golden Valley named as Additional Insured iii) General Liability Insurance: a. Minimum Limits of Liability: 1. $2,000,000 Per Occurrence 2. $3,000,000 Annual Aggregate b. Coverages: X Bodily Injury X Property Damage X Personal Injury X Blanket Contractual X City of Golden Valley named as Additional Insured iv) Professional Liability/Miscellaneous Liability Insurance: Coverage for negligent acts, errors or omissions arising out of the performance of professional services included in the Contract coverage shall continue for a minimum of five (5) years. a. Minimum limit of liability of $2,000,000 per occurrence b. Deductible not to exceed $5,000 (if in excess, submit certified financial statement) c. If Claims-Made, please complete the following: If prior acts coverage is restricted, advise the retroactive date of coverage: ______________. Contractors policy(ies) shall be primary and non-contributory to any other valid and collectible insurance available to the City with respect to any claim arising out of this Contract, and shall provide the City with thirty (30) days advance written notice of cancellations, non-renewals or reduction in limits or coverage or other material change. Contractor is responsible for payment of insurance deductibles. If Contractor is self- insured, a Certification of Self-Insurance must be attached. Insurance companies must have an AM Best rating of A-, class V or better, and be authorized to do business in the State of Minnesota and must be satisfactory to the City. Each subcontractor shall furnish property damage and public liability insurance that complies with all of the requirements stated, except as to amounts. Subcontractors shall furnish property damage insurance and public liability insurance in amount proportionate to their respective subcontracts, but such amounts shall be satisfactory to the Engineer. 59 GC - 22 19.WORKER’S COMPENSATION INSURANCE Contractor shall furnish Worker’s Compensation Insurance for its employees, and must comply with all Worker’s Compensation Laws for the state of Minnesota. The insurance company or companies, or the manner in which the compensation insurance is carried, must be satisfactory to the City and to the Minnesota Industrial Commission. The cost of Worker’s Compensation Insurance shall be included in all lump sum and unit cost items under this Contract. 20.COMPLIANCE WITH EXISTING CONTRACTS BETWEEN THE CITY OF GOLDEN VALLEY AND OTHERS Contractor shall familiarize itself with all terms and provisions of contracts between the City of Golden Valley and the City of Minneapolis in regards to wholesale purchase of potable water; and with the Cities of Crystal and New Hope for the storage distribution of potable water as may apply. Contractor shall similarly familiarize itself with other contracts between the City of Golden Valley and other municipalities, firms, corporations, or individuals relating in any manner whatsoever to the subject matter of this Contract and shall conform to all of the requirements of said contracts and shall do nothing which shall violate any of the provisions or conditions imposed upon the City. SECTION VII - PROSECUTION AND PROGRESS 1. SUBLETTING OR ASSIGNMENT OF CONTRACT Contractor shall not sublet, sell, transfer, assign or otherwise dispose of the Contract or any portion thereof, or of the Work, or of Contractors right, title or interest therein, to any person, firm or corporation without the written consent of the City and Contractor’s Surety, and such consent shall not relieve Contractor in any way of full responsibility for the performance of this Contract. Contractor shall include a list of subcontractors with the Proposal. The City reserves the right to reject any or all of the subcontractors. 2. PROSECUTION OF WORK All dealings of the City will be with Contractor. No Work shall be started until the Contract has been executed and written notice to proceed has been given to Contractor. Definite notice of intention to start the Work shall be given to the City at least five (5) days in advance of beginning the Work. Such starting time shall be within ten (10) calendar days after the date of receipt by Contractor of written notice to proceed. The official starting time shall be taken as the date on which Contractor is notified in writing by the Engineer that Contractor has fulfilled all preliminary requirements of 60 GC - 23 the City. The official Contract Time shall be in accordance with the Special Conditions. Should the prosecution of the Work be discontinued temporarily by Contractor for any reason, Contractor shall notify the Engineer at least twenty-four (24) hours before again resuming operations and shall not resume operations until it receives written approval from the Engineer. Unless otherwise provided for elsewhere in these Specifications, Contractor shall notify the City of the location at which Contractor intends to begin operations. The Engineer shall have the right to change the point of beginning or the points of operation of Contractor’s work force. The Work shall be prosecuted in such manner as to ensure its completion within the Contract Time. In case of failure to prosecute the Work in such a manner as to ensure its completion within the Contract Time, the Engineer shall have the right to require Contractor to place in operation such additional force and equipment as are deemed necessary by the Engineer. 3. LIMITATIONS OF OPERATIONS In case of a dispute arising between two or more Contractors engaged on the same work as to the respective rights or each under these Specifications, the Engineer shall determine the matters at issue and shall define the respective rights of the various interests involved in order to secure the completion of all parts of the Work in harmony and with satisfactory results. Any such decisions by the Engineer shall be final and binding on all parties and shall not in any way give rise to or provide a basis for a claim for extra compensation by any of the parties. 4. CHARACTER OF WORKERS AND EQUIPMENT Contractor shall employ such superintendents, foreperson and workers as are careful and competent, and the Engineer may demand in writing the dismissal of any person or persons employed by Contractor in, about or upon the Work, who engages in misconduct, or who is incompetent or negligent or refuses to comply with the direction given. Any such person or persons shall not be employed again at the Project without the written consent of the Engineer. Should Contractor continue to employ such person or persons at the Project, the City may withhold all payments which are or may become due, or the Engineer may suspend the Work until the offending persons are dismissed. Contractor shall not employ any minors, as defined by the Minnesota Worker’s Compensation Act, on the Project. Contractor shall keep on the Project, during its progress, a competent superintendent and any necessary assistants, all satisfactory to the Engineer. The Superintendent shall meet all requirements contained in the Contract Documents, including but not limited to those enumerated in Section 10 of the Special Conditions, and shall not be changed except with the consent of the Engineer, unless the superintendent proves unsatisfactory to Contractor and ceases to be in Contractors employ. The superintendent shall represent Contractor in all matters 61 GC - 24 and have the authority to obtain equipment and manpower as needed to complete the Work. All directions given to the superintendent shall be as binding as if they were given to Contractor. All machinery and equipment owned or controlled by Contractor which is proposed to be used by Contractor on the Work shall be of sufficient size and in such mechanical condition as to meet with the requirements of the Work and to produce a satisfactory quality of work. When so ordered by the Engineer, in writing, unsatisfactory equipment shall be removed and replaced with equipment which will satisfactorily perform the Work. No change in the machinery and equipment employed on the Project that has the effect of decreasing its capacity shall be made except by written permission of the Engineer. The measure of the capacity of machinery and equipment shall be its actual performance of the Work. Failure of Contractor to provide adequate equipment may result in the annulment of the Contract as hereinafter provided. 5. CONTRACTOR’S RIGHT TO REQUEST CHANGES If Contractor discovers, prior to or during construction anything in the Plans or Specifications or in the supplementary directions issued by the Engineer which, in the opinion of Contractor, appears to be faulty engineering or design, Contractor shall immediately advise the Engineer in writing of Contractors concerns. If no objection is raised by Contractor under the provisions of this paragraph, Contractor waives any right to contest the provisions of the Contract on the basis of faulty engineering or design. 6. TEMPORARY SUSPENSION OF WORK The Engineer shall have the authority to suspend the Work, wholly or in part, for such a period or periods as the Engineer may deem necessary due to conditions considered unfavorable for the suitable prosecution of the Work, or for such time as is necessary due to failure on the part of Contractor to carry out orders or perform any or all provisions of the Contract. If the Engineer directs Contractor in writing to suspend the Work, Contractor shall store all materials and equipment in such a way as to not obstruct or impede public travel or work on adjacent contracts. Contractor shall not suspend the Work without written authority from the Engineer. 7. SUBSTANTIAL COMPLETION When Contractor considers that the Work, or a portion thereof which the City agrees to accept separately, is substantially complete, Contractor shall prepare and submit to the Engineer a comprehensive list of items to be completed or corrected prior to final payment. Failure to include an item on such list does not alter the responsibility of Contractor to complete all Work in accordance with the Contract Documents. 62 GC - 25 Upon receipt of Contractors list, the Engineer or the Inspector shall inspect the Work to determine whether it is substantially complete. If the inspection discloses any item, whether or not included on Contractors list, which is not sufficiently complete in accordance with the Contract Documents so that the City can occupy or utilize the Work or designated portion thereof for its intended use, Contractor shall, before issuance of the Certificate of Substantial Completion, complete or correct such item. In such case, Contractor shall then submit a request for another inspection by the Engineer to determine Substantial Completion. When the Work or designated portion thereof is substantially complete as determined by the Engineer, the Engineer shall prepare a Certificate of Substantial Completion that shall establish the date of Substantial Completion; establish responsibilities of the City and Contractor for security, maintenance, damage to the Work and insurance; and fix the time within which Contractor shall finish all items on the list accompanying the Certificate. Warranties required by the Contract Documents shall commence on the date of Substantial Completion of the Work or designated portion thereof unless otherwise provided in the Certificate of Substantial Completion. The Certificate of Substantial Completion shall be submitted to the City and Contractor for their written acceptance of responsibilities assigned to them in the Certificate. Upon such acceptance, and consent of surety if any, the City shall make payment of retainage applying to the Work or designated portion thereof. Such payment shall be adjusted for Work that is incomplete or not in accordance with the requirements of the Contract Documents. 8. DETERMINATION AND EXTENSION OF CONTRACT TIME FOR COMPLETION Contractor shall perform fully, entirely, and in an acceptable manner, the Work contracted for within the time stated in the Contract. If Contractor finds that it will be impossible to complete the Work on or before the Contract Time, Contractor shall request an extension of the Contract Time as set forth in Section 4 of the Special Conditions. In case such extension is not granted, the right to proceed with the Work may be considered as forfeited as of the Contract Time, including all agreed upon adjustments, and the City, without violating the Contract, may proceed immediately to take over the Work, materials and equipment and make final settlement of costs incurred as provided for in Paragraph 7 below, except that it shall not be necessary to give Contractor written ten (10) days notice for such forfeiture. 9. FAILURE TO COMPLETE WORK ON TIME Should Contractor fail to complete the Work on or before the Contract Time, taking into consideration all agreed upon extensions, the City may permit Contractor to 63 GC - 26 proceed and there shall be deducted from any monies due or that may become due Contractor the amount agreed upon as liquidated damages under section 4 the Special Conditions of the Agreement. Liquidated damages shall continue to accrue until the unfinished Work is completed whether Contractor finishes the Work or the Work is finished by an alternate contractor. Permitting Contractor to continue and finish the Work or any part of it after the Contract Time, or after the date to which the Contract Time may have been extended, shall in no way operate as a waiver on the part of the City of any of its rights. Neither by the taking over of the Work by the City, nor by the annulment of the Contract, shall the City forfeit the right to recover liquidated damages from Contractor or Contractors Surety for failure to complete the Contract. 10.RIGHT OF THE CITY TO DECLARE CONTRACTOR IN DEFAULT In addition to those instances specifically referred to in the Contract Documents, the City shall have the right to declare Contractor in default of the whole or any part of the Work if: A. Contractor becomes insolvent; B. Contractor makes an assignment for the benefit of creditors pursuant to the Statutes of the State of Minnesota; C. A voluntary or involuntary petition in bankruptcy be filed by or against Contractor; D. Contractor fails to commence work when notified to do so by the Engineer; E. Contractor shall abandon the Work; F. Contractor shall refuse to proceed with the Work when and as directed by the Engineer; G. Contractor shall, without just cause, reduce its working force to a number which, if maintained would be insufficient, in the opinion of the Engineer, to complete the Work in accordance with the approved progress schedule, and shall fail or refuse to sufficiently increase such working force when ordered to so by the Engineer; H. Contractor shall sublet, assign, transfer, convey or otherwise dispose of this Contract other than as herein specified; I. A receiver or receivers are appointed to take charge of Contractor’s property or affairs; J. The Engineer shall be of the opinion that Contractor is or has been knowingly, willfully or in bad faith, violating any of the provisions of this Contract; K. The Engineer shall be of the opinion that Contractor is or has been unnecessarily, unreasonable or willfully delaying the performance and completion 64 GC - 27 of the Work, or the award of a necessary subcontract or the placing of necessary material or equipment orders; L. The Engineer shall be of the opinion that the Work cannot be completed within the Contract Time, taking into consideration all agreed upon amendments to the Contract Time; provided, however, that the impossibility of timely completion is, in the Engineer’s opinion, attributable to conditions within Contractor’s control; M. The Engineer shall be of the opinion that Contractor is not or has not been executing the Contract in good faith and in accordance with its terms; or N. The Work is not completed within t within the Contract Time, taking into consideration all agreed upon amendments to the Contract Time. Before the City shall exercise its right to declare Contractor in default by reason of the conditions set forth in items numbered 1, 4-7, 10-13, or 14, it shall give Contractor an opportunity to be heard, on two days notice, at which hearing Contractor may have a stenographer present; provided, however, that a copy of such stenographic notes, if any, shall be furnished to the City. The right to declare in default for any of the grounds specified or referred to above shall be exercised by sending Contractor a notice, signed by the Engineer, setting forth the grounds upon which such default is declared. Upon receipt of such notice, Contractor shall immediately discontinue all further operations under this Contract and shall immediately quit the site, leaving untouched all plant, materials, equipment, tools and supplies then on the site. 11.COMPLETION OF THE WORK AFTER DEFAULT The City, after declaring Contractor in default, may then have the Work completed by such means and in such manner, by contract with or without public letting or otherwise, as it may deem advisable, utilizing for such purpose such of Contractor’s plant, materials, equipment, tools, and supplies remaining on the site, and also such subcontractors as it may deem advisable. After such completion, the Engineer shall make a certificate stating the expense incurred in such completion, which shall include the cost of re-letting and also the total amount of liquidated damages (at the rate provided for in the Specifications) from the date when the Work should have been completed by Contractor in accordance with the Contract Documents to the date of actual completion of the Work. Such certificate shall be binding and conclusive upon Contractor in accordance with the terms hereof to the date of actual completion of the Work. Such certificate shall be binding and conclusive upon Contractor, Contractors Sureties, and any person claiming under Contractor, as to the amount thereof. The expense of such completion, as so certified by the Engineer shall be charged against and deducted out of such monies as would have been payable to Contractor 65 GC - 28 if it had completed the Work; the balance of such monies, if any, subject to the other provisions of this Contract, to be paid to Contractor without interest after such completion. Should the expense of such completion exceed the total sum which would have been payable under this Contract if the same had been completed by Contractor, any such excess shall be paid by Contractor to the City upon demand. If Contractor fails to pay the City promptly for such excess costs, the City may at its discretion submit a claim to Contractors Surety for such reimbursements. 12.PARTIAL DEFAULT In case the City shall declare Contractor in default as to a part of the Work only, Contractor shall discontinue such part, shall continue performing the remainder of the Work in strict conformity with the terms of the Contract, and shall in no way hinder or interfere with any other contractors or persons whom the City may engage to complete the Work as to which Contractor was declared in default. The provisions of the clauses herein relating to declaring Contractor in default as to the entire Work shall be equally applicable to a declaration of partial default, except that the City shall be entitled to utilize for completion of the Work as to which Contractor was declared in default only such plant, materials, equipment, tools and supplies as had been previously used by Contractor on such part. 13.TERMINATION OF CONTRACTOR’S RESPONSIBILITY Except as otherwise provided for in these Specifications and in Contractors bond, Contractors responsibility for all Work and materials under this Contract shall continue until the expiration date of the warranty. The warranty shall commence on the date of Final Completion of the Work. SECTION VIII - MEASUREMENT AND PAYMENT 1. MEASUREMENT OF QUANTITIES Measurement of all Work acceptably completed will be made in accordance with the system in which the Contract is let, either U.S. Standard or International System (metric). Such measurements will be used as a basis for the computation of the quantities of Work performed. Quantities designated to be measured by linear units will be taken horizontally. Where Work is to be paid for by units of length, area, volume or mass, only the net amount of Work actually performed, as it shall appear in the finished Work and measured as hereinafter specified shall be paid for, local customs to the contrary notwithstanding. Calculation of area quantities where the computation of the areas by geometric methods would be comparatively laborious, it is stipulated and agreed that the Citys computer aided drafting system shall be used as the method of measurement. 66 GC - 29 2. SCOPE OF PAYMENT Contractor shall receive and accept the compensation as herein provided, in full payment for furnishing all materials, labor, tools, equipment, royalties, fees, insurance, permits, bonds, etc., and for performing all Work contemplated and embraced under the Contract, also for all loss or damage arising out of the nature of the Work, or from the action of the elements, the expiration of the warranty to the City, and for all risks connected with the prosecution of the Work, also for all expenses incurred by, or in consequence of the suspension or discontinuance of said prosecution of the Work as herein specified, and for completing all of the Work embraced in the Contract. 3. WORK COVERED BY CONTRACT PRICE Contractor shall, under Contractors contract unit prices, furnish and pay for, all material and incidental work, furnish all accessories, and do everything which may be necessary to carry out the Contract in good faith, which contemplates everything completed, in good working order, of good material, with good and accurate workmanship. 4. BASIS OF PAYMENT Where Work is to be paid by linear, area, volume, mass, or by each individual units Contractors cost for all materials, labor, tools and equipment required to complete the Work, notwithstanding that while the Work may not be fully shown on the drawings, it may be described in the Specifications and vice-versa. 5. PAYMENTS FOR INCREASED OR DECREASED QUANTITIES Whenever the quantity of any item of Work as given in the Proposal shall be increased or decreased, payment for such item of Work will be made on the basis of the actual quantity completed at the unit price for such item named in the Proposal, except as otherwise provided in Section III - Paragraph 2 of these General Conditions, and in the detail Specifications for each class of Work. 6. PAYMENT FOR SURPLUS MATERIALS Payment for materials that have been ordered in furtherance of the Work, but that are not to be used because (1) of cancellation of the Contract or a portion thereof; (2) of an order to terminate the Work before completion of the entire unit; or (3) the quantity ordered by the Engineer was in excess of the quantity needed, will be made in accordance with this section, unless Contractor or one of Contractors suppliers elects to take possession of the surplus material without expense to the City. Payment for surplus materials that have been purchased and shipped or delivered to the Project will be made at the Contract bid price when the pay item covers the furnishing and delivering of the material only. 67 GC - 30 When the Contract bid price covers the furnishing and placing of the material, the City will take possession of the surplus materials that have been purchased and shipped or delivered to the Project, or will order the material returned to the supplier for credit and will pay the Contractor the actual purchase price of the material plus transportation costs, to which will be added fifteen percent (15%) of the total thereof, and from which will be deducted any credits received by the Contractor for materials returned. Materials that have been ordered but have not been consigned for shipment shall be paid for upon delivery the same as materials in transit or delivered only when the supplier is unwilling to cancel or modify the order such as in the case of materials requiring special manufacture, fabrication, or processing so as to be unsuitable for general use. In no case shall payment for surplus materials exceed the Contract Price for the materials complete in place. Contractor shall furnish invoices or an affidavit showing the purchase price and transportation charges on materials to be taken over by the City. Surplus materials that are taken over by the City shall be delivered to the storage sites designated by the Engineer. Except as above provided, no payment shall be made to Contractor for any materials that are not incorporated in the Work. Materials shall be ordered in the quantities needed unless a specific quantity is to be furnished by direct order of the Engineer. 7. CLAIMS AND PROTESTS A. General A Claim is a demand or assertion by one of the parties seeking, as a matter of right, payment of money, a change in the Contract Time, or other relief with respect to the terms of the Contract. The term Claim also includes other disputes and matters in question between the City and Contractor arising out of or relating to the Contract. The responsibility to substantiate Claims shall rest with the party making the Claim. This Section does not require the City to file a Claim in order to impose liquidated damages in accordance with the Contract Documents. B. Time Limit on Claims The City and Contractor shall commence all Claims and causes of action against the other and arising out of or related to the Contract, whether in contract, tort, breach of warranty or otherwise, in accordance with the requirements of this Section and within the period specified by applicable law, but in any case not more than one year 68 GC - 31 after the date of Substantial Completion of the Work. The City and Contractor waive all Claims and causes of action not commenced in accordance with this Section. C. Notice of Claims Claims by either the City or Contractor shall be initiated by notice to the other party and shall be initiated within ten (10) days after occurrence of the event giving rise to such Claim or within ten (10) days after the claimant first recognizes, or reasonably should have recognized, the condition giving rise to the Claim, whichever is later. Any Claim not made within ten (10) days shall be deemed waived. D. Continuing Contract Performance Pending final resolution of a Claim, except as otherwise agreed in writing, Contractor shall proceed diligently with performance of the Contract and the City shall continue to make payments in accordance with the Contract Documents. The Contract Price and Contract Time shall be adjusted in accordance with the resolution of the Claim, subject to the right of either party to proceed in accordance with this section. E. Claims for Additional Cost If Contractor wishes to make a Claim for an increase in the Contract Price, notice as provided in Subsection 1C above shall be given before proceeding to execute the portion of the Work that is the subject of the Claim. Prior notice is not required for Claims relating to an emergency endangering life or property. F. Claims for Additional Time If Contractor wishes to make a Claim for an extension of the Contract Time, Contractor shall request an extension as set forth in Section 4 of the Special Conditions. G. Mediation Claims, disputes, or other matters in controversy arising out of or related to the Contract, except those waived as provided for in the Contract Documents, shall be subject to mediation as a condition precedent to commencement of litigation. The parties shall endeavor to resolve their Claims by mediation which shall be administered by a mediator mutually agreed upon by the parties. A request for mediation shall be made in writing, delivered to the other party to the Contract and shall be completed within ninety (90) days from the date the request for mediation was delivered to the other party. The parties shall share the mediators fee and any filing fees equally. The mediation shall be held in Hennepin County, Minnesota, unless another location is mutually agreed upon. Agreements reached in mediation shall be enforceable as settlement agreements in any court having jurisdiction thereof. 69 GC - 32 8. PAYMENT FOR UNCLASSIFIED AND FORCE ACCOUNT WORK Unclassified Work authorized by the Engineer, will be paid for at a unit price, lump sum or on a Force Account basis. All Force Account Work shall be paid for in the following manner: A. For all labor and foremen in the direct charge of the specific Work, Contractor will receive the actual wages paid for each and every hour that said labor and foreman are actually engaged in such Work, plus the cost of bond, insurance and taxes, to which cost shall be added twenty (20) percent of the sum thereof. No charge shall be made by Contractor for organization or overhead expense. B. For all materials used, Contractor will receive the actual cost of such materials including freight charges as shown by original receipted bills, to which cost shall be added ten (10) percent of the sum thereof. Where materials are specifically purchased for use on Unclassified Work but are taken from Contractor’s stock, Contractor shall submit an affidavit of the quantity, price and freight on such materials in lieu of original bills and invoices. This affidavit shall be approved by the Engineer. C. For any machinery, trucks or equipment, including fuel and lubricants, which it may be deemed necessary or desirable to use, Contractor will receive a reasonable rental price, to be agreed upon in writing before such Work is begun, for each and every hour that said machinery, trucks and equipment are in use on such Work, and to which sum no percentage will be added. Such rental price shall not exceed the rates established by the A.G.C. for this district. The compensation as herein provided shall be received by Contractor as payment in full for Unclassified Work done by Force Account and said twenty (20) percent for labor and said ten (10) percent for materials shall be agreed to cover profit, superintendence, general expense, overhead, and the use of small tools and equipment for which no rental is allowed. Contractor or Contractors representative and the Engineer or the Engineers representative shall compare records of Force Account Work at the end of each day. Copies of these records shall be made in triplicate on Force Account forms, provided for this purpose by the Engineer and signed by both parties. To all such claims for Force Account Work, Contractor shall attach receipted bills for, or affidavit of, materials used and freight receipts covering freight on such materials used, and said claims shall be presented to the Engineer for payment not later than the twentieth (20th) day of the month following that in which the Work was actually performed and shall include all labor charges and material charges insofar as they can be verified. Should Contractor refuse or fail to prosecute such Unclassified Work as directed, or to submit this claim as required, the City may withhold payment of all current 70 GC - 33 estimates until Contractor’s refusal or failure is eliminated, or, after giving Contractor due notice, the City may make payment for said Work on a basis of a reasonable estimate of the value of the Work performed. 9. PARTIAL PAYMENTS Unless payments are withheld by the City for reasons herein before stated, payment will be made at least once a month on a basis of ninety-five (95) percent of the Work done, provided that the Work is progressing to the satisfaction of the Engineer; provided further, however, that when ninety-five (95) percent or more of the Work is completed, the City, in its sole discretion, may determine that something less than five (5) percent need be retained to protect the City’s interest in satisfactory completion of the Contract. Monthly estimates may include the value of acceptable materials required for the Work, which have been delivered to the Project, and for which acceptable provisions have been made for the preservation and storage. From the total value of the materials so reported, five (5) percent shall be retained. Such material, when so paid for by the City, shall become the property of the City and in the event of default on the part of Contractor, the City may use or cause to be used such materials in the construction of the Work provided for in the Contract. The amount thus paid by the City for materials shall go to reduce estimates due Contractor as the materials are used in the Work. Minnesota Statutes, Sections 337.10, subd. 3 and 471.425, subd. 4a, requires that Contractor pay any subcontractors within ten (10) days after receipt of payment from the City for undisputed services provided by the subcontractor. Contractor shall provide proof to the City of payment to subcontractors in the form of check copies or receipts. If Contractor fails to make payments to subcontractors for undisputed Work, Contractor shall pay interest of one and one-half percent (1-1/2%) per month of any amounts not paid on time to subcontractors, with a minimum monthly interest penalty payment of ten dollars ($10). No release of any retained percentage will be made without the written approval of the Surety or Sureties, which approval shall be obtained by Contractor. Any such release may be optional with the City. 10.FINAL PAYMENT Upon receipt of Contractors notice that the Work is ready for final inspection and acceptance, the Engineer shall promptly make such inspection as provided in section IV(10) of these General Conditions. When the Engineer finds the Work acceptable under the Contract Documents and the Contract fully performed, the Engineer will prepare a final estimate containing complete quantities of each and every item of Work performed by Contractor, and the value thereof (the Final Pay Estimate). Upon acceptance of the Final Pay Estimate by Contractor, the Engineer will (i) issue a Certificate of Final Completion; (ii) forward the Certificate of Final 71 GC - 34 Completion and Final Pay Estimate to the City Finance Director for payment; and (iii) notify Contractor and Contractors Surety or Sureties of the acceptance of the Work. The date of Final Completion of the Contract shall be the date on the Certificate of Final Completion and the action of the City by which Contractor is bound and the Contract concluded shall be evidenced by the Certificate of Final Completion and Final Payment. All prior certificates or estimates upon which payments may have been made are merely partial estimates and subject to correction in the final payment. 11.CERTIFICATE OF COMPLIANCE OF MINNESOTA WITHHOLDING TAX Final payment will not be made until Contractor shall have filed with the City evidence, in the form of an affidavit, lien waiver or such other evidence as may be required, that all claims against Contractor by reason of the Contract have been fully paid or satisfactorily secured. In case such evidence is not furnished, the City may retain out of any amount due said Contractor sums sufficient to cover all lienable claims unpaid. 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. Receipt by the City Engineer of a Certificate of Compliance from the Commissioner of Taxation will satisfy this requirement. 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. SECTION IX - MISCELLANEOUS PROVISIONS 1. NONDISCRIMINATION. Contractor agrees: A. That it shall not, in the hiring of labor or employees for the performance of any work under this Agreement, by reason of any race, creed, color, national origin, sex, gender identity, sexual orientation, or disability discriminate against any person who is qualified and available to perform the Work; B. That it shall not, in any manner, discriminate against, intimidate or prevent the employment of any person identified in clause (a) of this section, or on being hired, prevent or conspire to prevent, the person from the performance of any 72 GC - 35 work under this Agreement on account of the persons race, creed, color, national origin, sex, gender identity, sexual orientation, or disability; and C. That it shall not intentionally refuse to do business with, refuse to contract with, or discriminate in the terms, conditions, or performance of any agreement related to the Work to be performed under this Agreement because of a persons race, creed, color, national origin, sex, gender identity, sexual orientation, or disability, unless the alleged refusal is because of a legitimate business purpose. 2. GOVERNMENT DATA. Contractor acknowledges that, to the extent this Agreement requires Contractor to perform a government function, all of the data created, collected, received, stored, used, maintained or disseminated by Contractor in performing government functions is subject to the requirements of the Minnesota Government Data Practices Act (Minn. Stat. § 13.01 et. seq. the MGDPA), except to the extent the data is privileged pursuant to an exception to or exclusion from the MGDPA, and that Contractor must comply with the MGDPA as if Contractor were a government entity, including the remedies in Minn. Stat. §13.08, subject to any other appropriate exception to or exclusion from the MGDPA. Contractor agrees to promptly notify the City of any request for data that Contractor receives related to this Agreement. 3. VENUE AND FORUM. This Agreement shall be interpreted in accordance with Minnesota law and any suit or litigation between the parties arising out of this Agreement shall be filed, tried and litigated only in Hennepin County District Court in the state of Minnesota. 4. COUNTERPARTS. This Agreement may be executed in any number of counterparts, including electronically. Each counterpart constitutes an original and all counterparts collectively constitute one and the same instrument. The signatures of the parties need not appear on the same counterpart. 5. ELECTRONIC SIGNATURES. Except as otherwise stated herein, documents executed, scanned and transmitted electronically and electronic signatures shall be deemed original signatures for purposes of this Agreement and all related matters. All scanned and electronic signatures shall have the same legal effect as original signatures. This Agreement, any other document necessary for the consummation of the transaction contemplated by this Agreement may be accepted, executed or agreed to through the use of an electronic signature in accordance with the Uniform Electronic Transactions Act, Minnesota Statutes Chapter 325L. Any document accepted, 73 GC - 36 executed or agreed to in conformity with such laws will be binding on each party as if it were physically executed. 6. NOTICES. Any notices or communications required or permitted by this Agreement must be (i) given in writing; and (ii) personally delivered, mailed, by prepaid certified mail, or transmitted by facsimile or electronic mail transmission (including email or PDF), to the intended party at the mailing address or email address of such party as follows: To City:To Contractor: City of Golden Valley Attn: Caleb Brolsma 7800 Golden Valley Road Golden Valley, MN 55427 cbrolsma@goldenvalleymn.gov 7. SEVERABILITY If any term or provision of the Contract Documents shall be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby and such provision shall be ineffective only to the extent of such invalidity, illegality or unenforceability. 8. NO WAIVER OF LEGAL RIGHTS Duties and obligations imposed by the Contract Documents and rights and remedies available thereunder shall be in addition to and not a limitation of duties, obligations, rights, and remedies otherwise imposed or available by law. No action or failure to act by the City, or Engineer shall constitute a waiver of a right or duty afforded them under the Contract, nor shall such action or failure to act constitute approval of or acquiescence in a breach thereunder, except as may be specifically agreed upon in writing. 74 SPECIAL CONDITIONS TABLE OF CONTENTS SC-i PAGE 1. GENERAL ............................................................................................................................1 2. PROJECT DESCRIPTION ...................................................................................................1 3. QUALIFICATIONS OF BIDDER...........................................................................................1 4. STARTING AND COMPLETION TIME ................................................................................1 5. SCHEDULE AND CONSTRUCTION PHASING ..................................................................2 6. SPECIFICATIONS WHICH APPLY......................................................................................2 7. REFERENCE .......................................................................................................................3 8. PRE-CONSTRUCTION CONFERENCE..............................................................................3 9. SUPERVISION OF WORK:..................................................................................................3 10. EMERGENCY CONTACTS:.................................................................................................4 11. RESIDENT PROJECT REPRESENTATIVE ........................................................................4 12. SITE CONDITIONS..............................................................................................................4 13. MAINTENANCE OF EXISTING CITY UTILITIES.................................................................4 14. QUALITY CONTROL AND QUALITY ASSURANCE TESTING...........................................4 15. PROJECT ACCESS AND STAGING AREA ........................................................................5 16. UTILITY CONFLICTS...........................................................................................................5 17. EASEMENTS AND PERMITS..............................................................................................6 18. MEASUREMENT AND PAYMENT.......................................................................................6 19. RESPONSIBILITY FOR DAMAGE CLAIMS (1714).............................................................7 20. MOBILIZATION (2021).........................................................................................................7 21. CLEARING AND GRUBBING (2101)...................................................................................7 22. REMOVALS AND SALVAGES (2104) .................................................................................7 23. EXCAVATION AND EMBANKMENT COMPACTED VOLUME METHOD (2016): ...........8 24. EXPLORATORY EXCAVATION (2106)...............................................................................9 25. DEWATERING (2106)..........................................................................................................9 26. CONTAMINATED SOIL AND DEBRIS-IMPACTED SOIL:...................................................9 27. CONTAMINATED GROUNDWATER, DEWATERING, AND DISCHARGE: .....................11 28. GEOSYNTHETIC CONSTRUCTION MATERIALS (2108): ...............................................12 29. EQUIPMENT RENTAL (2123)............................................................................................12 30. WATER USE ON PROJECT (2130)...................................................................................13 31. AGGREGATE BASE (2211): ............................................................................................13 32. MILL BITUMINOUS SURFACE (2232) ..............................................................................14 33. PLANT MIXED ASPHALT PAVEMENT (2360):...............................................................14 34. PIPE BEDDING (2451).......................................................................................................14 75 SPECIAL CONDITIONS TABLE OF CONTENTS SC-ii 35. (CEAM 2621) PIPE SEWERS (2503):................................................................................14 36. PROCEDURES IN THE EVENT OF A SEWAGE SPILL ...................................................17 37. WATER MAIN CONSTRUCTION (2504): ..........................................................................17 38. WATER MAIN CONSTRUCTION (DIRECTIONALLY DRILLED): .....................................19 39. TEMPORARY WATER SYSTEM.......................................................................................23 40. FURNISH AND INSTALL HYDRANT (2504)......................................................................23 41. FIRE HYDRANT MARKERS (2504)...................................................................................23 42. CONNECT TO EXISTING WATER MAIN (2504)...............................................................23 43. CONNECT TO EXISTING WATER SERVICE (2504)........................................................23 44. GATE VALVE AND BOX (2504).........................................................................................24 45. DUCTILE IRON FITTINGS (2504) .....................................................................................24 46. IRRIGATION SYSTEMS (2504):........................................................................................25 47. ADJUST FRAME AND RING CASTING (2506):................................................................25 48. WALKS (2521):...................................................................................................................25 49. CONCRETE CURBING (2531): .........................................................................................26 50. TRAFFIC CONTROL AND MAINTENANCE (2563)...........................................................26 51. SOIL PREPARATION (2574) .............................................................................................27 52. ESTABLISHING TURF AND CONTROLLING EROSION (2575) ......................................27 53. RESTORATION..................................................................................................................29 54. PAVEMENT MARKINGS (2582): .......................................................................................29 76 SC-1 SPECIAL CONDITIONS CITY OF GOLDEN VALLEY FOR CITY PROJECT NO. 25-05 2025 TH 55 OTTAWA WATERMAIN PROJECT BID OPENING: July 3, 2025 10:00 am CST 1. GENERAL: Instructions to Bidders and General Conditions as embodied in these Contract Documents shall apply except as modified or supplemented in these Special Conditions. 2. PROJECT DESCRIPTION: The contract Work includes the replacement of watermain along the Olson Memorial Hwy Frontage Rd from approximately 700 feet west of Schaper Rd to approximately 570 feet east of Ottawa Ave N. The existing watermain will be abandoned and the new watermain will primarily be directional drilled with open cut under the Frontage Rd. Work also includes the realignment of 180 feet of sanitary sewer. See the Plans for more detailed information on the locations. 3. QUALIFICATIONS OF BIDDER: Bidders are required to submit evidence that they have practical knowledge of the particular work bid upon, and that they have the financial resources to complete the proposed Work. Failure on the part of any Bidder to carry out previous contracts satisfactorily or any bidders lack of experience or equipment necessary for the satisfactory and timely completion of this Project may be deemed sufficient cause for disqualification of said Bidder. 4. STARTING AND COMPLETION TIME: Contractor shall furnish all required bonds and insurance within one (1) week of the award of the Contract by the Golden Valley City Council. All Work under this Contract must be Substantially Completed no later than September 30, 2025 (the "Contract Time"), and be completed and ready for final payment in accordance with Section I, Paragraph 1.J. of the General Conditions on or before October 31, 2025 (the "Contract Time"). Contractor shall prosecute the Work continuously and effectively, with the least possible delay, to the end that all Work is completed within the Contract Time. The City is entitled to damages for failure of the Contractor to complete the Work within the Contract Time. In view of the difficulty in making a precise determination of actual damages incurred, the City will assess a daily charge not as a penalty but as liquidated damages to compensate the City for additional costs incurred. If Contractor is delayed for any reason in the commencement or performance of the Work, to the extent such delay will prevent the Contractor from completing the Work (or any portion thereof) within the Contract Time, Contractors sole remedy for such delay shall be an extension of the Contract Time. All such extension requests shall be made according to the requirements and procedures set forth in Division I, 1806 (Determination and Extension of Contract Time) and 77 SC-2 1403 (Notification for Contract Revisions) of the MnDOT shall apply, except as modified or supplemented in these Special Conditions. Without limiting the foregoing, if a conflict arises with existing private utilities during the commencement or performance of the Work, Contractor shall proceed to work in areas without such conflict until the conflicts are resolved. It is the express understanding of the parties with regard to all Work that Contractor will undertake its performance in a manner to avoid or minimize any delays that may result from private utility conflicts or any other possible causes of delay. 5. SCHEDULE AND CONSTRUCTION PHASING: Contractor shall schedule its work to minimize inconvenience to residents. This Work must be completed according to the following phasing requirements. Contractor shall submit to the Engineer for review and approval, a detailed critical path phasing plan and schedule a minimum of one (1) week before the pre- construction conference. The schedule must detail all controlling operations. The following requirements/operations must be included in this plan: A. Installation of watermain and sanitary sewer. Contractor must schedule the Work to avoid time when there is no work progressing on any given street. B. Base Bid work must be substantially completed by August 30, 2025. C. Completion of the Project by the specified dates. Working hours for this project shall be limited to 7:00 a.m. to 7:00 p.m., Monday through Saturday, except as otherwise stated in the Contract Documents, unless approved in writing by the City Engineer. Contractor shall schedule its work to comply with this requirement. No work will be allow on Ottawa Ave or the Olson Memorial Frontage Road between Ottawa Ave and east end of project on Saturdays. MnDOT will be completing trail construction within the project limits. Contractor is to cooperate and coordinate with MnDOT staff and contractors. Contractor shall perform some Work at times other than those indicated if the Engineer deems it is in the best interest of the City and the property owners affected. No claims for extra compensation will be considered for complying with this requirement. 6. SPECIFICATIONS WHICH APPLY: The Specifications which apply to the Work shown in the Plans shall be as follows: A. These Special Conditions. B. Standard Utilities Specifications for Watermain and Service Line Installation, Sanitary Sewer and Storm Sewer Installation, and Trench Excavation and Backfill/Surface Restoration, most current edition, as prepared by the City Engineers Association of Minnesota (CEAM) and published by the League of Minnesota Cities, St. Paul, Minnesota, except 78 SC-3 as modified or supplemented in these Special Conditions. Copies of the Standard Utilities Specifications are available from the Minnesota Society of Professional Engineers by calling 651.292.8860, or from the CEAM website at http://ceam.org/. C. Division I (General Requirements and Covenant), Division II (Construction Details) and Division III (Materials) of the MnDOT Specification shall apply, except as modified or supplemented herein. 7. REFERENCE: All references in the Specifications and Special Conditions to MnDOT Specification are intended to mean the Minnesota Department of Transportations Standard Specifications for Construction, most current edition, and its supplements. All reference therein to the State, the Department, the Department of Transportation of the State of Minnesota and the Commissioner shall be read as reference to the City. 8. PRE-CONSTRUCTION CONFERENCE: Prior to the beginning of construction operations, a pre-construction conference shall be held, and shall be attended by the authorized representatives of the City, the Engineer in charge of the Project, utility companies and persons of the contracting firm or firms 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 preconstruction conference: ▪Critical path phasing plan and schedule, which details all controlling operations. This shall be submitted a minimum of one (1) week before the pre-construction conference. ▪General project contact information including emergency contacts ▪Subcontractor list (discussed under Section 3 of these Special Conditions) ▪Material supplier list ▪Traffic Control plan 9. SUPERVISION OF WORK: Contractor shall provide a competent, reliable Superintendent to be present at all times when Work is in progress in accordance with Section 1506 of the MNDOT Standard Specifications for Construction and as modified herein. The Superintendent shall act as Contractors representative and supervise all of Contractors and subcontractors forces through all phases of operations of the Work. Contractor shall not replace the Superintendent without written authorization by the Engineer. The Superintendent shall not change with phases of the Work nor shall a subcontractors superintendent act as the Contractors Superintendent. Additionally, the Superintendent shall not be a working foreman of the Contractor or subcontractor. 79 SC-4 The Superintendent shall have the authority to represent the Contractor in all issues that may arise during execution of the Work, and to obtain all the equipment and manpower needed to perform the Work as outlined in the Plans and as directed by the Engineer. All orders from the Engineer shall be directed to the Contractor through the Superintendent. 10. EMERGENCY CONTACTS: Contractor shall provide the City, at or before the pre-construction conference, with a list of emergency contacts. This list shall include a telephone number to contact the Project superintendent 24-hours a day until all of the Work is completed, as well as additional 24-hour emergency contacts for all subcontractors. 11. RESIDENT PROJECT REPRESENTATIVE: The Engineer shall designate an Inspector for this project. The Inspector shall have the same authority as that specified for the Inspector in MnDOT Specification 1510 and the General Conditions of these Specifications. In order to ensure all communication to residents on this project is uniform and complete, Contractor shall direct all communication to the City. Contractor shall, however, be responsible for disseminating daily construction notices, or other communication as directed by the Engineer, to the residents on a daily basis indicating construction operations and access conflicts. Failure to disseminate such information, as directed by the Engineer, shall be cause for the City to withhold all compensation due. 12. SITE CONDITIONS: Contractor shall be required to keep the Project site in a clean, orderly condition at all times. Littering of cans, bottles or other garbage/debris will not be tolerated. Contractor shall submit a plan to the Engineer for approval, for debris and waste disposal within the Project area. It shall include, but not be limited to, providing a dumpster for debris and waste materials. 13. MAINTENANCE OF EXISTING CITY UTILITIES: The City has cleaned and televised all sanitary sewer lines and storm sewer lines prior to construction. Contractor shall be responsible for keeping all utilities clean during construction including but not limited to gate valve stacks, utility lines, and manholes. In the event debris is found during the post-construction televising of sewers, the City may, at its discretion, clean all remaining sewers to be televised with its own or contracted forces. All costs associated with such cleaning shall be billed to Contractor or withheld from monies due. 14. QUALITY CONTROL AND QUALITY ASSURANCE TESTING: Contractor shall be responsible for quality control testing in accordance with the current Schedule for Material Testing found on the MnDOT website http://www.dot.state.mn.us/materials/lab.html., as amended in these Specifications. All costs for such testing shall be included in the unit prices for the items to be tested. 80 SC-5 All testing must be done by a laboratory experienced with the testing procedures required by MnDOT and approved by the Engineer. Certification of such experience shall be submitted to the Engineer at the pre-construction conference. Contractor shall also cooperate with the Engineer in collecting companion samples in accordance with MnDOT Specifications to verify Contractors test results. Collecting companion samples shall be considered incidental for which no direct compensation shall be made. The City will be responsible for testing such samples provided by Contractor at its cost. The Engineer shall contact Contractor so he may be represented during sampling, and assist as necessary. 15. PROJECT ACCESS AND STAGING AREA: Construction traffic access to the Project areas shall be limited to City streets where rehabilitation is occurring under this project, and federal, state and county highways and City streets as approved by the Engineer, or as otherwise noted in the plans. The use of other non- designated routes shall be cause for ticketing. This requirement shall not waive Contractors obligation to comply with existing statutes, local ordinances or any other existing laws; nor shall it waive the governing authority from assigning penalty for violating such statutes, ordinances or laws. Construction staging area to be submitted and approved by the City. This requirement shall not waive Contractors obligation to comply with existing statutes, local ordinances or any other existing laws; nor shall it waive the governing authority from assigning penalty for violating such statutes, ordinances or laws. No extra compensation will be allowed for extra construction costs due to these restrictions. 16. UTILITY CONFLICTS: In order to minimize inconvenience to adjacent property owners and expedite the Project, Contractor shall be expected to coordinate its efforts with the 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 Project. Contractor shall also coordinate all unanticipated utility relocations or adjustments determined to be necessary to complete the Work. The City will be responsible for costs incurred by the utility companies for unanticipated relocations and adjustments only in cases where prior, written authorization to perform the utility work is provided by the Engineer. 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 Project to promptly relocate, remove, or adjust such facilities. 81 SC-6 No claims for extra compensation to perform the Work in accordance with the Plans that 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. (Also see Special Conditions Section 4 with regard to utility company requirements) 17. EASEMENTS AND PERMITS: The City shall work to obtain all required permanent and temporary easements and permits for this project with the exception of the following: A. The Contractor shall also obtain a Right-of-Way Permit from the City. The Contractor shall comply with all terms and requirements of the permits. No additional permit fees or securities will be required to obtain these permits over the Contract Performance and Payment Bonds required in Section II, Item 2 Requirements of Contract Bond of the General Conditions of this Contract. B. The City shall obtain a Right-of-Way Permit from MnDOT. The Contractor shall comply with all terms and requirements of the permit. C. This Contract requires a Construction Stormwater General Permit (CSG Permit) administered by the MPCA. The Contractor shall become a co- permittee with the Owner to ensure compliance with the State of Minnesota Construction Stormwater General Permit (MNR100001), which is part of the National Pollutant Discharge Elimination System (NPDES) and the State Disposal System (SDS) Program. This permit establishes conditions for discharging storm water to waters of the State from construction activity disturbing one or more acres of total land area. By completing the online CSG Permit application, the Contractor must ensure compliance with the terms and conditions of the permit that reference the operator. The Contractor shall cooperate with the Owner to implement a fully- documented inspection and maintenance program for all temporary erosion and sediment control measures as required by the Permit. D. The City has submitted plans and specifications to the Minnesota Department of Health as required for Watermain Plan Review. E. The City has submitted plans and specifications to the DNR as required for a License to Cross Public Lands and Waters. F. The Contractor shall acquire a DNR Water Appropriations permit if any dewatering becomes necessary. 18. MEASUREMENT AND PAYMENT: Payment for all items shall be by the unit price bid. 82 SC-7 Items on the Proposal Form have been listed in a logical order. However, items from any section may be used for like work on any part of this project, not only the section they are listed under. No claims for additional compensation for use of an item for work under a different section will be considered. Measurement for all items not specifically described in these Specifications shall be done in accordance with MnDOT Standard Specifications. Contractor shall submit all final quantities to the City within one month after wear course paving. Should Contractors final quantities not be submitted within the required time, it shall be understood that the Citys Quantities for the Work are accepted by Contractor. Unclassified work authorized by the Engineer, will be paid for on a force account basis according to Section VIII, Item 8 of the General Conditions. 19. RESPONSIBILITY FOR DAMAGE CLAIMS (1714): The provisions of MnDOT Specification 1714 are supplemented as follows: Contractor must have the City of Golden Valley, and WSB LLC named as additional insureds on any insurance coverage Contractor is required to provide. 20. MOBILIZATION (2021): The lump sum for mobilization is to include all aspects of work in accordance with MnDOT Specification 2021. This lump sum price specified under Bid Item 1 Mobilization also covers all other incidentals not specified that are required to complete the project. The Contractor shall assume multiple mobilizations (incidental) for clearing and grubbing operations. 21. CLEARING AND GRUBBING (2101): The unit price bid for clearing and grubbing shall consist of removing and disposing of the trees, brush, stumps, roots, and other plant life, including dead and decayed matter, within the construction area designated for removal by the Contract or as directed by the Engineer. All depressions resulting from grubbing operations shall be filled and compacted within seven (7) days (incidental). The Contractor shall assume multiple mobilizations for this Work. No disposal of debris shall be allowed on-site unless authorized by the Engineer. If the contract specifies the unit as an acre, the Engineer will determine quantities by measuring, to the nearest 0.05 acre, all areas cleared and all areas grubbed within the limits as shown on the plans or staked by the Engineer. 22. REMOVALS AND SALVAGES (2104): The unit price bid for all items designated for removal shall include disposal at a site selected by Contractor and approved by the Engineer. Items designated to be removed must be loaded and taken from the Project area as they are removed. In no case will removal items be allowed to remain on the Project overnight without written consent of the Engineer. Failure to comply with this requirement may result in 83 SC-8 the City withholding all money due until removal items have been disposed of off the Project. Contractor shall salvage all items designated to be reused on this project as directed by the Engineer. Items damaged by the Contractor that are designated to be salvaged shall be replaced at the Contractors expense. The unit bid price for hydrant removal shall be considered compensation in full to remove hydrants and store in an area designated by the Engineer for 48 hours to allow city staff to remove parts from the hydrants before they are removed. Payment for remove hydrant shall include removal of the hydrant, valve and lead to the extent shown in the plans and as directed by the Engineer. The unit bid price to remove the gate valve and box shall be considered compensation in full to remove all sizes of gate valves. Sanitary sewer, storm sewer, and/or watermain pipe that is to be abandoned shall be filled with a granular or other approved material and plugged watertight. Filling and capping of the abandoned pipe shall be included in the unit bid price for abandonment. The Engineer will measure abandonment of pipe by length of pipe sealed and abandoned as specified. The unit price for curb and walk removal shall include the excavation of topsoil and aggregate section. Removals made by sawing, shall result in a neat, straight line, and a square edge. The use of wedges driven into the saw cut to break off the portion to be removed will not be permitted. All concrete curb and gutter scheduled for removal and marked by the Engineer in the field shall first be saw cut, using a wet saw, and then removed. The Contractor shall be responsible for protecting curb and gutter within the project that is to remain in place. Any damage to existing curb and gutter shall be the responsibility of the Contractor, and shall be repaired or replaced as directed by the Engineer with no additional compensation thereto. 23. EXCAVATION AND EMBANKMENT COMPACTED VOLUME METHOD (2016): Select Granular Embankment will be at the unit price bid per cubic yard as compacted volume and shall be compensation in full for placing and compacting fill within road section disturbed by the utility improvements. Salvaging and recompacting subbase material under road section shall be incidental to the utility work. Common embankment will be at the unit price bid per cubic yard as compacted volume and shall be compensation in full for placing and compacting fill where contaminated material is excavated and exported. Where connection to an in-place roadway is made: at the termini of new road construction, cut vertically to the bottom of in place surfacing. Then, cut back within the construction limits at a 1:20 (Vertical:Horizontal) taper to the bottom of the recommended subgrade excavation. Mining of materials for removal from the 84 SC-9 project area and replacement with less desirable materials by the Contractor shall not be permitted. Management of the excavated materials on the site is the Contractors responsibility. All suitable material shall be utilized for roadway construction. Excess material shall become property of the Contractor. Potholing to locate existing utilities may be required. All labor and materials used for potholing will be incidental. 24. EXPLORATORY EXCAVATION (2106): This shall be measured by hour of excavation, only as directed by the Engineer, and paid at the unit price bid. The work shall consist of all work materials and equipment to locate existing public utilities (City, MCES or MnDOT facilities) in areas outside excavation limits, including any shoring or access work that may be required to perform the excavation, backfilling, compaction and restoration of the disturbed work area. All other utility excavations shall be by contractor and all costs borne to the contractor. 25. DEWATERING (2106): The Contractor shall provide groundwater excavation dewatering as necessary to allow for construction on a stable foundation. The work potentially involves the drawdown of the water table (using wells or other means), placement of temporary barriers, or other satisfactory types of water control to allow for construction and to protect the improvements. Dewatering operations are controlled by permit from the DNR or other agencies. Dewatering operations must be in accordance with the MnDOT 2573. Rerouting surface water is not considered dewatering and is incidental. This shall be paid for by the lump sum. The Contractor is responsible for application for any necessary permits and compliance with all conditions of permits. The Contractor shall also be responsible for noise control during dewatering as directed by the Engineer. The Contractor shall make their own determination as to the extent of the groundwater on the project prior to bidding. No additional compensation will be made for a higher than expected groundwater table or any compliance requirements from regulatory agencies. Dewatering systems and excavations must remain inside construction limits. 26. CONTAMINATED SOIL AND DEBRIS-IMPACTED SOIL: The eastern portion of the Project site is located within the limits of the Former White House Restaurant Superfund Site (SR0000186). The Superfund Site has known soil, groundwater, and debris impacts. The Citys Environmental Consultant performed environmental screening and sampling at the Project site in conjunction with the Geotechnical Investigation in June 2022. The results of the Environmental Screening and Sampling were summarized in a report dated August 5, 2022. 85 SC-10 Based on the results, elevated diesel range organics (DRO), polycyclic aromatic hydrocarbon (PAH), arsenic, chromium, selenium, and lead impacts to soil were identified above Minnesota Pollution Control Agency (MPCA) criteria for unregulated fill at the Project site. Due to the known contamination impacts to soil and groundwater at and near the Project, WSB prepared a Response Action Plan / Construction Contingency Plan (RAP/CCP) included in Appendix D. The RAP/CCP is dated October 18, 2022 and has been approved by the MPCA. The MPCA approved RAP/CCP shall be implemented during construction to ensure contaminated soil is managed in accordance with local, state, and federal regulations. The Contractor shall notify the Citys Environmental Consultant 72 to 96 hours prior to excavation at the Project site. The Citys Environmental Consultant shall be onsite during all excavation activities at known contamination areas. Additional RAP/CCP implementation tasks to be performed by the Citys Environmental Consultant will include: A. Field screening soil with a with a photoionization detector (PID) B. Collection of additional soil samples (as needed) for waste characterization C. Collection of excavation bottom/sidewall samples at areas where contamination is to remain in-place D. Management of waste manifests for offsite disposal of regulated materials at a MPCA certified landfill E. Documentation of soil reuse at the Project site or offsite (if appliable) F. Review/confirmation of soil import sources and materials (soil, aggregate base, etc.) prior to import to ensure they are clean G. Final RAP/CCP implementation reporting If there is a conflict between the RAP/CCP and the Specification, then the Engineer shall be contacted immediately to determine how to proceed. In the event Contractor suspects that undocumented contamination is discovered on the Project (organic vapor detector readings above background, staining or discoloration, debris-rich fill, or olfactory evidence), Contractor shall stop Work and IMMEDIATELY NOTIFY THE ENGINEER. The Engineer shall be responsible for notifying the necessary regulatory agencies and other necessary parties. Further, the CCP (Section 4) of the RAP/CCP will be implemented under the direction of the Engineer and Citys Environmental Consultant. CONSTRUCTION REQUIREMENTS Management of the contaminated materials on the site is the Contractors responsibility. A. Soil 86 SC-11 The Contractor shall dispose of all contaminated soil in a MPCA-permitted solid waste or industrial landfill. The Contractor shall not dispose of contaminated soil in a demolition landfill. Within 30 days after the contaminated soil is transported to the landfill, the Contractor shall provide the Engineer with shipping manifests, scale tickets, and invoices. Shipping manifests shall include, but are not limited to, the following information: specify contaminated soil as the type of waste, quantity of soil, date of hauling and disposal, and location of disposal. B. Stockpiling Contaminated soil that is stockpiled must be placed on a minimum of one layer of 10-millimeter thick polyethylene sheeting (10-mil poly) or other impervious surfaces (concrete or asphalt) and covered with a minimum of one layer of 10-mil poly that is secured in place. Staging areas for potentially impacted soil will be determined by the Engineer. Stockpiled materials will be clearly marked and demarcated with caution tape, orange snow fence or similar as determined by the Engineer. BASIS OF PAYMENT Payment shall be made at the unit price bid per cubic yard as an excavated volume, measured by truck load tickets provided by the contractor, and shall be compensation in full for excavation, hauling, stockpiling, loading, hauling and disposal of the contaminated and debris-impacted materials. Stockpiling includes the placement of contaminated soil and the covering and securing of poly sheeting on the stockpile The work shall also include the replacement and compaction of suitable onsite materials within the excavated area unless it is directed by the Engineer that embankment material be used to replace the excavated material volume. 27. CONTAMINATED GROUNDWATER, DEWATERING, AND DISCHARGE: As mentioned in Section 30, the eastern portion of the Project site has known soil, groundwater, and debris impacts related to the Former White House Restaurant Superfund Site (SR0000186). Based on the previous Geotechnical investigation, groundwater was reported at 18.5 and 21 feet below grade at the Project site. Further, elevated benzene and DRO has been detected in the groundwater at the Project site above MPCA National Pollutant Discharge Elimination System (NPDES) General Industrial Pump-Out Permit (GIPP) criteria. Due to the documented groundwater contamination, the Citys Environmental Consultant submitted a Special Discharge Permit through the Metropolitan Council Environmental Services (MCES) to discharge groundwater to the sanitary sewer. It should be assumed that construction dewatering (if needed) will be discharged at the sanitary manhole located just northwest of the TH 55 at 87 SC-12 Schaper Road at the Project site. Further, the maximum discharge rates approved by the City for this manhole are provided below: Maximum Discharge Rates 80 gallons per minute 9,600 gallons per day (8AM 5PM) The Contractor will be required to meter and record daily discharge volume. The Citys Environmental Consultant will perform the monthly sampling and reporting per the MCES Special Discharge Permit requirements. Payment for dewatering and discharge will be included in the lump sum bid price. 28. GEOSYNTHETIC CONSTRUCTION MATERIALS (2108): The Contract Unit Price for geosynthetics includes the cost of providing, placing, overlapping or sewing. Geotextiles for stabilization shall conform to the requirements of MnDOT 3733, Type 4. If multiple pieces of geotextile are required, overlap geotextiles a minimum of 36 inches. Sewing geotextiles may be used in lieu of overlapping if there is a Quality Assurance sewing test result provided prior to installation. Use a double spool machine capable of sewing a Federal Type 401 locking stitch (ASTM D6193-16) or approved better stitch. Sew a flat J, or butterfly seam type (ASTM D6193-16) using thread with a minimum strength of 25 pounds, with 1-2 rows of stitching and 5-7 stitches per inch. Meet the required seam strength for the specified geotextile type. Provide geotextiles manufactured by the same operator, thread, and sewing machine used for the sewing sample. Adhesives listed on the Approved Products List may be used in lieu of overlapping or sewing for Types 3, 4, and 5 geotextiles. The approved list for adhesives is found under the geosynthetics sub-heading on the Approved Products List. Apply adhesive per the Adhesive Seams Guidelines found on the geosynthetic/adhesive seams links on the Approved Products List. 29. EQUIPMENT RENTAL (2123): Street Sweeper with Pickup Broom will be at the unit price bid per hour and shall be compensation in full for sweeping streets and roadways adjacent to the project. Payment for street sweeping will only be made for hours of time required to maintain cleaned roadways for the traveling public, as approved by the Engineer. No payment shall be made for sweeping that is normally required to construct the project, including, but not limited to, removal of bituminous millings, sweeping between bituminous lifts, and sweeping prior to placement of pavement markings. No payment will be made for sweeping done by kickoff brooms. Provide self-propelled street sweeping equipment with a pick-up broom. Throughout construction, constructed streets and roadways adjacent to the project shall be swept and cleaned as directed by the Engineer, and shall be in conformance with the NPDES permit. The Engineer may require additional sweeping of roads to ensure safety for the general public, protect the environment, uphold local requirements, or as otherwise directed. Material that is 88 SC-13 tracked off the project site shall be swept within 24 hours. Removal of dirt and debris shall be accomplished to the satisfaction of the Engineer. All materials shall be collected and retained within the sweeping equipment as they are swept. Disposal of the swept material shall be in accordance with MnDOT 2104.3.D. 30. WATER USE ON PROJECT (2130): Contractor will not be charged for any project related water use. However, to receive permission to take water from hydrants, Contractor shall be required to obtain a meter from the City Utilities Maintenance Department (763.593.3962). The meter requires a one thousand seven hundred fifty dollar ($1,800.00) deposit, which will be refunded when Contractor returns the meter in good condition. Contractor shall identify specific hydrants he/she wishes to take water from during construction and obtain approval from the Engineer. Only hydrants approved by the Engineer will be available for use by Contractor. 31. AGGREGATE BASE (2211): Aggregate Base will be at the unit price bid per cubic yard as compacted volume and shall be compensation in full for placing and compacting fill within road section disturbed by the utility improvements. Aggregate base shall be Class 5 in accordance with MnDOT 3138. When mixing recycled Aggregate with virgin Aggregate, the minimum Los Angeles Rattler of Carbonate virgin Aggregate is 40%. Meet all other virgin Aggregate requirements in 3138.2.B. If required by the Schedule of Materials Control, perform Contractor QC testing and submit results and all required forms to the Engineer within one business day. The Contractor shall install the aggregate base immediately, no more than 24 hours after completion and approval of the Grading Grade. If placement of the aggregate base is done more than 24 hours after the initial test roll, a second test roll shall be required and paid for by the Contractor. The Contractor shall be responsible to maintain the aggregate base until completion of bituminous surfacing with no direct payment therefore. Additional aggregate base required due to erosion, washouts, trench settlements or other similar causes shall be replaced by the Contractor without additional compensation therefore. Note that moisture tests during compaction are required for all compaction requirements, including quality compaction, LWD, penetration index, and specified density. The Contractor shall be responsible for arranging, obtaining, and paying for all inspections and tests required as Quality Control (QC). The Owner shall be responsible for all inspections and tests required as Quality Assurance (QA). 89 SC-14 32. MILL BITUMINOUS SURFACE (2232): Bituminous road milling will paid be at the unit price bid per square yard and shall be compensation in full for milling pavement surface at the depth indicated in the plans. Provide traffic control in accordance with the current MN MUTCD for milling operations. If flaggers are needed, the Contractor shall provide them and the cost associated with flaggers shall be included in the bid price for milling. The Contractor shall be responsible for marking and verifying the condition of existing structures within the roadway prior to beginning pavement milling. 33. PLANT MIXED ASPHALT PAVEMENT (2360): Bituminous road paving will paid be at the unit price bid per ton and shall be compensation in full for placing, spreading, and compaction of wear course and non-wear course paving in the road section. Bituminous driveway pavement will paid be at the unit price bid per square yard and shall be compensation in full for placing, spreading, and compaction of wear course pavement in driveways. Aggregate base material and excavation required beneath the driveway pavement shall be considered included in the cost of the bituminous driveway pavement. When paying for Material by Square Yard the Engineer will measure the Plan dimensions for standard width and/or irregular width paving at the dimensions and thickness specified. There will be no additional payment for asphalt pavement constructed with a greater thickness or width than required by the Plan. Perform ordinary compaction for all bituminous paving on the Project, as directed by the Engineer. Bituminous pavement payment incentives shall not apply to this Project. The Contractor shall be responsible for arranging, obtaining, and paying for all inspections and tests required as Quality Control (QC). The Owner shall be responsible for all inspections and tests required as Quality Assurance (QA). 34. PIPE BEDDING (2451): This shall consist of furnishing and placing bedding material as specified in accordance with the provisions of MnDOT 2451 and 3149, the plan details for utility construction, and the following: Select Granular Material (MnDOT 3149.2B.2) shall be used for bedding material, and pipe foundation for water main. Granular bedding used for water main shall be measured and paid for by the ton of granular material furnished and placed. Any necessary excavation for pipe bedding and any disposal of excess material related to pipe bedding shall be considered incidental for which no additional compensation shall be considered. 35. (CEAM 2621) PIPE SEWERS (2503): Payment for 8 Ductile Iron Pipe Sewer will be made at the bid unit price on a linear foot basis and shall be compensation in full for materials, labor and equipment necessary to construct the sanitary sewer including, pipe, excavation, and backfilling. 90 SC-15 Sewer connections shall be paid per each connection of new sewer to existing sewer and core drill into the manhole. All necessary labor, materials, and work required to make the connection shall be included in the price per each as provided in the Bid Form. A5. Polyvinyl Chloride Pipe and Fittings Sanitary sewer polyvinyl chloride (PVC) pipe and fittings shall conform to the CEAM requirements. PVC pipe used for storm sewer installations shall conform to the requirements of MnDOT 2503. PVC pipe and fittings for pressure sewer and forcemains shall meet the requirements of CEAM 2611.2.A2 for watermain class pipe. Submit a manufacturers Certificate of Compliance with each pipe shipment including date manufactured, nominal and actual inside pipe diameters. Add the following new paragraph to CEAM 2621.2: F. Steel Casing Pipe The casing pipe shall be welded steel pipe (new material) with a minimum yield strength of 35,000 psi. The wall thickness shall be a minimum of 0.50 inch. Payment for 20 Steel Casing Pipe (Jacked) will be made at the bid unit price on a linear foot basis and shall be compensation in full for materials, labor, and equipment necessary to construct the casing, including support blocking, centering spacers, flowable fill or sand, sealing the ends, and backfilling. Potholing existing utilities and restoration required at the pothole locations is considered included in the cost for jacking the casing pipe. The provisions of CEAM 2621.3 are modified and/or supplemented with the following: A. Installation of Pipe and Fittings The Engineer shall receive notice 24 hours in advance for testing of sewers including leakage testing, deflection testing, and televising. When the Contractor uses laser beam control for grade and alignment, the Contractor shall check into the grade stakes provided. Any discrepancies found between the laser beam elevation and grade stake elevation, or the line and grade shown on the plans, shall be immediately brought to the Engineers attention before continuing pipe installation. Failure to check into grade stakes provided or to notify the Engineer of discrepancies shall put the full responsibility on the Contractor for any removal and reinstallation of pipe necessary to conform to the line and grade as shown in the Drawings. 91 SC-16 Installation of PVC pipe for pressure sewer and forcemains shall meet the requirements of CEAM 2611.3 for watermain class pipe. A2. Pipe Laying Operations Dewatering to maintain pipe trenches free of water shall be considered incidental, unless a bid item has been included for Dewatering. Install pipe to the alignment, grade, and location as shown in the drawings and/or staked in the field. No deviation from the drawings and/or staked alignment, grade, or location is allowed. Add the following new paragraphs to CEAM 2621.3.A2: When connecting to existing pipe, neatly cut the existing pipe off and trim flush with the proposed pipe or inside wall of proposed Structure. Assure the patch for the proposed pipe connection to the existing pipe is secure and waterproof. Repair unplanned damage to the existing sewer. When connecting into an existing Structure, field verify the location and top of casting elevation, and the location, invert elevation, size and type of existing pipes connected to the structure. Core drill (or saw) openings in the existing Structures. Provide a clean, water-tight fit seal to the proposed pipe. Repair unplanned damage to the existing Structure. A3. Connection and Assembly of Joints Use Geotextile 3733 Type 1 to wrap concrete pipe joints or for other drainage applications. G. Televising All new sanitary sewer main shall be jetted clean and televised after the services are installed, as applicable, and prior to wear course paving. Televising should include panning the camera up to the sanitary sewer wyes and service lines so that it is visible. The Contractor shall supply two videos and two detailed reports within 15 days of the televising being complete. One set shall be supplied to the Engineer and one set to Owner. A digital copy of the report shall also be delivered to the Owner. Prior to placement of wear course paving, the Engineer must review all sewer televising reports and conclude there are no subsurface deficiencies requiring excavation to correct. The Contractor will be responsible for television inspection of the sanitary sewer after it has been constructed. The Owner reserves the right to view these television inspection records prior to final project acceptance and at any time within the warranty period. 92 SC-17 Add the following new paragraph to CEAM 2621.3: H. Sanitary Sewer By-Pass Pumping The Contractor shall furnish, install, maintain, and remove temporary pumps, pipes, automatic controls, and related appurtenances to allow continuous operation of sanitary sewer facilities whenever necessary to ensure service will be maintained during construction. Sanitary sewer facilities shall include, but are not limited to gravity sanitary sewer main, sanitary sewer force mains, sanitary sewer services, sanitary sewer lift stations, and/or sanitary sewer grinder pumps. Sanitary sewer pipe sizes are shown on the Plans. The Contractor shall be responsible for verifying all sanitary sewer pipe sizes and locations within the project limits to determine the most appropriate manner to provide sanitary sewer bypass pumping. The Contractor shall submit copies of the proposed pumping, piping, and control systems for sanitary sewer bypass pumping to the Engineer a minimum of seven days in advance of installing the sanitary sewer bypass pumping system. The Contractor shall have one standby pump available on-site for each pumping location to use in the event of a pump failure. The standby pump shall be adequately sized to handle the rates of sanitary sewer flow being bypasses. 36. PROCEDURES IN THE EVENT OF A SEWAGE SPILL: 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. 37. WATER MAIN CONSTRUCTION (2504): Water mains shall be constructed in accordance with the most recent version of the Standard Utilities Specifications for Water main and Service Line Installation, as prepared by CEAM 2611, except as modified below: Water mains and appurtenances will be replaced or relocated on this Project as shown on the Plans. Contractor shall be paid for acceptably completed work at the unit prices bid for water main and appurtenant items. No claims for extra compensation above the unit prices shall be considered due to the random location for repairs or relocations, or for over-burying of proposed water mains as shown in the Plans. Polyvinyl chloride (PVC) pressure pipe and fittings shall be used for water main construction on this project, unless otherwise noted. The CEAM Standard Specifications for Section 2611, Watermain and Service Line 93 SC-18 installation shall govern for this work. All PVC watermain pipe shall conform to AWWA C900 (DR 18). Tracer wire shall be installed with all PVC watermain. Tracer wire shall be incidental to the unit bid price bid for PVC watermain. Tracer wire shall be electrostatically tested. The Engineer shall receive at least 24 hours notice for all testing. The Contractor shall perform all testing in the presence of the Engineer in the field.A low voltage circuit shall be completed with the use of a suitable voltage source and meter to ensure continuity. If a close clamp circuit cannot be completed, the cause shall be isolated and corrected. Thereafter, the section in which the defective test occurred shall be retested as a unit and shall meet the requirements. All fittings for watermain shall be mechanical joint, Class 350, Ductile Iron Compact Fittings in accordance with AWWA C153. Fittings shall be furnished with fusion bonded epoxy external coating and/or interior lining in accordance with AWWA C550 and C116, 6 mil to 8 mil nominal thickness. All ductile iron pipe (DIP) shall be Class 52 (unless otherwise noted in plans) and wrapped with polyethylene pipe encasement in accordance with the manufacturers recommendations. The polyethylene for each pipe shall be overlapped and sealed to keep the water out. The polyethylene pipe encasement shall conform to AWWA C105/A21.5 (8-mil thickness), Class C (Black), and be in tube form. The polyethylene pipe encasement shall be considered incidental. It shall be Contractors obligation to take precautions when exposing the existing water mains to prevent damage to them. If Contractor fails to take the necessary precautions, all costs to repair damage to the existing water main shall be borne by Contractor. If, in the Engineers opinion, Contractor has taken the necessary precautions and damage occurs, the City will be responsible for the cost of such repairs. Dewatering to maintain pipe trenches free of water shall be considered incidental. Notify the Engineer and the Owner at least 72 hours prior to connecting to existing watermain. All residents who will be affected by shutting off water service shall be given a minimum of 24 hours notice in writing as to when, and for how long, service will be interrupted. Temporary water shutoffs shall not exceed four hours in duration, and shall only occur between the hours of 9:00 a.m. and 3:00 p.m. Monday through Friday, unless otherwise specified in the Contract. The Contractor shall at all times coordinate work with the Engineer and the Owner. During the installation of the new watermain, service shall be maintained to all properties. It may be necessary to maintain temporary pipes on the surface with connections to outside hose bibs. The temporary connections 94 SC-19 must be made according to Department of Health standards and approved by the Engineer. New watermain installations shall be coordinated so that no home or business is on temporary water service for more than 14 days unless prior arrangements have been made. The Contractor shall be responsible for any improvements to homes or businesses necessary to facilitate the temporary water connections. All water main flushing shall be performed by City staff, and requires a minimum 48-hour advance notice. The Engineer shall receive at least 24 hours notice for hydrostatic testing. The Contractor shall perform all testing in the presence of the Engineer in the field. Service pipes may be tested at the time of the foregoing test, if installed, at the Contractors option; however, testing of service pipes may be completed as a separate operation from main testing. Service pipe testing, if done separately, shall be done with the corporation stop open. Insulation shall be measured on a square yard basis installed to the specified thickness, and shall include all materials, equipment, and labor required for placement. Contractor shall supply an OSHA-approved trench box to minimize damage to adjoining property and utilities from installation of pipes and appurtenant structures. All extra costs to provide the box and install the sewer or water (including any necessary excavation for pipe bedding and disposal of excess material related to pipe bedding and/or replacement backfill) shall be considered incidental for which no additional compensation shall be considered. 38. WATER MAIN CONSTRUCTION (DIRECTIONALLY DRILLED): The provisions of CEAM 2611, Standard Specifications for Watermain and Service Line Installation are modified and/or supplemented as follows: 2504.2 (CEAM 2611.2) MATERIALS The provisions of CEAM 2611.2 are modified and/or supplemented as follows: All PVC watermain pipe shall conform to AWWA C900 (DR 18). Tracer wire shall be laid with all PVC watermain. PVC watermain pipe specified for horizontal directional drilling shall be Fusible PVC C900. All fittings for watermain shall be mechanical joint, Class 350, Ductile Iron Compact Fittings in accordance with AWWA C153. Fittings shall be furnished with fusion bonded epoxy external coating and interior lining in accordance with AWWA C550 and C116, 6 mil to 8 mil nominal thickness. A.2 Tracer Wire Termination Box Tracer wire termination box shall be SnakePit by Copperhead Industries, LLC, two-terminal lid, 24 minimum burial height, or Engineer approved equal. Lid color shall be blue for watermain. 95 SC-20 2504.3 (CEAM 2611.3) CONSTRUCTION REQUIREMENTS The provisions of CEAM 2611.3 are modified and/or supplemented with the following: A.3 Aligning and Fitting of Pipe Fusible pipe shall be assembled in the field and joined by the thermal butt fusion method, in accordance with manufacturers procedures. Thermal butt fusion shall only be performed by manufacturer certified fusion technicians. The fusion of pipe shall be performed with the following requirements: Installation guidelines from the pipe supplier shall be followed for all installations. The fusible pipe will be installed in a manner that does not exceed the manufacturers recommended bending radius and Safe Pulling Force. All fusion joints shall be recorded and logged by an electronic monitoring device (or data logger) connected to the fusion machine. Use only the recommended size and outfitted fusion machines that are approved by the pipe manufacturer. Fusion machines must incorporate the following elements: 1. HEAT PLATE - Heat plates shall be in good condition with no deep gouges or scratches. Plates shall be clean and free of any debris or contamination. Heater controls shall function properly; cord and plug shall be in good condition. The appropriately sized heat plate shall be capable of maintaining a uniform and consistent heat profile and temperature for the size of pipe being fused, per the pipe manufacturer requirements. 2. CARRIAGE Carriage shall travel smoothly with no binding at less than 50 psi. Jaws shall be in good condition with proper inserts for the pipe size being fused. Insert pins shall be installed with no interference to carriage travel. 3. GENERAL MACHINE - Overview of machine body shall yield no obvious defects, missing parts, or potential safety issues during fusion. 4. DATA LOGGING DEVICE An approved datalogging device with the current version of the pipe suppliers recommended and compatible software shall be used. Datalogging device operations and maintenance manual shall always be with the unit. If fusing for extended periods of time, an independent 110V power source shall be available to extend battery life. Other equipment specifically required for the fusion process shall include the following: 1. Pipe rollers shall be used for support of pipe to either side of the machine 96 SC-21 2. A weather protection canopy that allows full machine motion of the heat plate, fusion assembly and carriage shall be provided for fusion in inclement, extreme temperatures, and /or windy weather, per the pipe Manufacturer recommendations. 3. An infrared (IR) pyrometer for checking pipe and heat plate temperatures. 4. Fusion machine operations and maintenance manual shall be kept with the fusion machine at all times. 5. Facing blades specifically designed for cutting fusible pipe shall be used. The Contractor is to provide a fusion data logging and joint report containing fusion data for each fusion joint, recorded and logged by an electronic monitoring device (data logger) connected to the fusion machine. The fusion data logging and joint report shall be generated by software developed specifically for the butt- fusion of fusible polyethylen pipe. The software shall register and/or record the parameters required by the pipe supplier and these specifications. Data not logged by the data logger shall be logged manually and be included in the Fusion Technicians joint report. The Contractor shall provide the following items to the Owner after pipe installation and after all testing is completed: 1. Approved datalogger device reports 2. Fusion joint documentation containing the following information: a. Pipe Size and Thickness b. Machine Size c. Fusion Technician Identification d. Job Identification e. Fusion Joint Number f. Fusion, Heating, and Drag Pressure Settings g. Heat Plate Temperature h. Time Stamp i. Heating and Cool Down Time of Fusion j. Ambient Temperature Prior to directionally drilling the watermain, the Contractor shall submit a staging plan to the Engineer for review and comment. The plan shall detail boring pit locations, where pipe will be fused and strung, proposed alterations to the plan alignment/profile, and any additional information that is pertinent to the directional drilling operation. The contractor shall allow at minimum 1 week for review and approval by the Engineer. Flange adapters shall be fitted with back-up rings that are pressure rated equal to or greater than the mating pipe. The back-up ring bore shall be chamfered to provide clearance to the flange adapter radius. Flange bolts and nuts shall be Grade 3 or higher. 97 SC-22 Drilling Fluids: The Owner does not have a location for disposing of the drilling fluids used during the directional drilling operation. The Contractor is responsible for disposal of the drilling fluids. Testing: The City Observer shall receive at least 24-hour advance notice for all testing. Operational Limitations and Requirements: Any dewatering necessary shall be the responsibility of the Contractor and shall be considered incidental to the installation of watermain. Excavations for connections and services shall be subject to the approval of the Engineer and consistent with other sections of these specifications. The sides of the trench shall be sloped and/or braced and the trench drained to provide stable excavation, protect adjacent structures, and permit the pipe to be laid in a dry trench. The trench excavation must conform to all local, state and federal requirements. All work must be confined to the limits of the construction and to easements or rights-of-way as indicated on the plans. The Contractor shall install at his expense shoring, bracing, or other trench support necessary to meet the varying soil conditions and to protect existing structures and property. Pipe Bedding and/or Foundation: Piping shall be installed according to the details for each type of pipe. In areas with poor foundation soils, the trench shall be over-excavated and backfilled with granular foundation and/or bedding material as directed by the Engineer. Granular foundation and/or bedding material, including excavation, shall be incidental to the watermain installation. Disinfection of Water and Mains: Disinfection procedures, sampling and testing shall meet current Minnesota Department of Health standards. Connection to or Interruption of Existing Facilities: Prior to connecting to existing watermains, the project inspector and City utility supervisor must be notified. Any property owner who will be affected by the shutting off of water shall be given a minimum of 24-hour advance notice in writing as to when and for how long service will be interrupted. Temporary water shutoffs shall not exceed 4 hours in duration, and shall only occur between the hours of 9:00 AM and 4:00 PM, Monday through Friday. Overnight temporary shutoffs shall only occur between the hours of 10:00 PM and 5:00 AM. The Contractor shall at all times coordinate his work with the Engineer and the City of Golden Valley Public Works Department. City staff will coordinate recharging fire suppression systems with building owners. When it is necessary to connect to the existing water system or close existing portions of the water system due to construction operations, the Contractor shall discuss that phase of the project with the City Public Works Department 5 working days in advance of the planned starting date to allow the orderly planning and coordination by the Owner. The Contractor shall provide temporary water service to all residences and businesses affected by the project. 98 SC-23 2504.5 (CEAM 2611.5) BASIS OF PAYMENT 12 PVC Watermain (Directional Drilled): Payment shall be at the unit price bid per linear foot of fusible PVC watermain installed by directional drilling as specified and include tracer wire, termination boxes and transition fittings as necessary to accommodate the ductile iron fittings and pipe. 39. TEMPORARY WATER SYSTEM: The lump sum unit price bid for Temporary Water System shall be considered compensation in full, including but not limited to piping, fittings, disinfection, testing and demolition, to provide a temporary water delivery system approved by the Engineer. The water main installation and temporary water distribution shall be completed in a manner so fire protection can be maintained. Contractor shall submit a phasing plan to the City. In addition, Contractor shall submit to the Engineer for review and approval, a plan detailing how water will be provided, pipes disinfected and tested, and removed for the affected residents. The plan must be designed to minimize pressure and flow losses from the existing supply condition. The temporary water installation plans shall be submitted to the City two weeks prior to the start of water main installation. All water main flushing shall be performed by City staff, and requires a minimum 48-hour advance notice. The Engineer will cooperate with Contractor to determine the best method for providing the Work. 40. FURNISH AND INSTALL HYDRANT (2504): The unit price bid shall be considered compensation in full to furnish and install each hydrant in accordance with CEAM Specifications and the detail in the Plans. The unit price bid shall also include, but not be limited to, drain rock, plastic wrap, pipe restraints, disinfection and testing to complete the installation in complete conformance with such specifications and the Plan detail. Contractor shall be required to restrain all hydrant fittings beginning from the main. Each hydrant shall have a 6-inch auxiliary gate valve & box. The 6-inch auxiliary gate valve & box and 6-inch DIP hydrant lead shall be paid for separately under their respective bid items. 41. FIRE HYDRANT MARKERS (2504): The unit price bid for each Fire Hydrant Marker shall be considered compensation in full for all equipment, materials and labor to furnish and install complete, in-place as directed by the Engineer. Hydrant Marker shall be EZ See Hydrant Markers (72610 W-R 10501) with reflective tape (65 overall length), or approved equal, and installed in accordance with the manufacturers instructions or as directed by the Engineer. 42. CONNECT TO EXISTING WATER MAIN (2504): The unit price for Connect to Existing Water Main shall be compensation in full, but not limited to, locating, excavating, draining down and cutting into the existing pipe. Sleeves, fittings and pipe required to make the connection will be paid for at their respective unit prices. 43. CONNECT TO EXISTING WATER SERVICE (2504): The unit price for Connect to Existing Water Service shall be compensation in full, but not limited to, locating, excavating, draining down and cutting into the existing pipe. Curb stops, 99 SC-24 corporation stops, valves, and pipe required to make the connection will be paid for at their respective unit prices. 44. GATE VALVE AND BOX (2504): The unit price bid for each size gate valve shall be considered compensation in full to install the auxiliary and/or mainline valve complete in-place in accordance with the detail in the Plans and the following requirements. All 6-inch, 8-inch, and 12-inch valves shall be iron body, resilient wedge, in accordance with AWWA C509, non-rising stem with O-ring packing with a working pressure of 150 psi. They must open counterclockwise and be equipped with mechanical joints and 2-inch square, corrosion-resistant stainless steel operating nut. They shall also be fusion-bonded, epoxy-coated and equipped with stainless steel bolts, Type 304, alloy group 1, CW condition meeting the requirements of ASTM F594 to provide corrosion protection. All valves shall be installed with size G Tyler #6860 boxes, #6 round base and a drop lid having the word WATER cast thereon. All valves, including but not limited to, auxiliary valves shall also be installed with Power Seal Model 5000 valve box aligners, or approved equal, to ensure the valve operating nut remains centered in the valve box. The boxes shall be capable of extending a minimum of one-foot upward from their initial installed position. Gate valves shall be AVK with bronze top nut. All valves within the roadway shall be set to 1/4-inch below the elevation of the finished pavement surface. Valve elevations shall be verified by the Contractor within 24 hours prior to wear course paving. 45. DUCTILE IRON FITTINGS (2504): The unit price bid per pound for Ductile Iron Fittings shall be considered payment in full to install all such fittings complete in- place in accordance with the Specifications. It shall also include, but not be limited to, all megalug glands, rods or other restraining devices or corrosion inhibitors the Engineer deems necessary to restrain or protect such fittings/restraints. All bolts and nuts used in the construction of water mains on this project shall be stainless steel or Core Blue. Contractor shall be required to restrain 6-inch and 8-inch fittings a minimum of 20 feet from all such fittings; 12-inch fittings shall be restrained a minimum of 40 feet from all such fittings. All fittings on the hydrant lead shall be restrained back to the tee fitting on the main. Ductile Iron Fittings shall meet the following requirements: ➢ANSI/AWWA C153/A21.53, American National Standard for Ductile Iron Compact Fittings, 3-inch through 24-inch, and 54-inch through 64-inch for Water Service, ➢ANSI/AWWA C111/A21.11, American National Standard for Rubber Gasket Joints for Ductile Iron Pressure Pipe and Fittings, ➢ANSI/AWWA C116/A21.16, American National Standard for Protective Fusion Bonded Epoxy Coatings for the Interior and Exterior Surfaces of Ductile Iron and Gray Iron Fittings for Water Supply Service. 100 SC-25 Ductile Iron Fittings shall be measured by the pound, in accordance with the published American National Standard. Joint accessories or restraint shall not be considered in the weight. 46. IRRIGATION SYSTEMS (2504): The unit price by the lump sum be an allowance for repairing and/or replacing irrigation systems as needed within the project limits. The Contractor shall prepare an invoice for the work to be done and shall present the invoice to the Engineer. Invoices for this work shall be paid for under this item. All invoices shall be approved by the Engineer before being paid. The Engineer shall attempt to field verify any existing irrigation systems in the project area prior to construction. The Engineer shall notify the Contractor of such known systems. The Contractor shall avoid or minimize disturbance to existing irrigation systems during construction. Homeowners must be notified by the Contractor a minimum of 24 hours prior to any disturbances or disruptions of existing irrigation systems. Temporary repairs (i.e. plugging, pinching off impacted lines, etc.) shall be required where feasible, allowing for partial use of the irrigation system by the homeowner during construction. Temporary repairs shall be incidental to the irrigation system repair. Existing private irrigation systems (of all types and designs) impacted by construction are to be repaired and/or replaced. New components used in the repair/replacement shall be consistent with existing system components. The existing system and its components shall be salvaged and reinstalled where possible. 47. ADJUST FRAME AND RING CASTING (2506): The unit price per each shall be considered payment in full to adjust castings to their final elevation. Measurement for adjustment of frame and ring castings shall be for existing castings that are adjusted in preparation for bituminous wear course placement or curb and gutter placement. Initial casting placement after base course construction, installation of new castings on catch basins or structures, or installation of any castings in areas outside of the bituminous roadway surface shall be considered included with the casting and/or manhole structure pay item. The final surface elevation of the frame or ring casting shall be 1/2 in below the adjacent pavement surface elevation and at-grade in turf areas unless noted otherwise. 48. WALKS (2521): The unit price per square foot shall be considered payment in full to install 3 bituminous walk in accordance with the Plans and Specifications. Aggregate base under bituminous walks is incidental. 101 SC-26 49. CONCRETE CURBING (2531): The unit price per linear foot for curbing shall be considered payment in full to install curbing per the details in the plans and as directed by the engineer. Concrete Curb & Gutter Type Special shall be payment in full to install commercial cross gutter driveway per the city detail plate measured along the flow line. All curbing at driveways shall be constructed with staged pours, in which half the width of the driveway is constructed at a time using a keyway to connect the two halves. This shall be done to maintain access to adjacent properties, with no additional compensation. For concrete curb and gutter, including curb fill-ins, mechanical vibration of the concrete will be required to produce a smooth curb face. For slipform machine placement, where existing driveways are being protected, or do not need to be removed, the Contractor shall hand pour the concrete curb along these driveways. No additional compensation will be granted the Contractor for this work. Backfilling of the curb and gutter shall be completed prior to bituminous surfacing of the roadway. Unacceptable work shall be removed and replaced with acceptable work as ordered by the Engineer. 50. TRAFFIC CONTROL AND MAINTENANCE (2563): Contractor shall maintain traffic at all times during construction in accordance with the current Minnesota Manual of Uniform Traffic Control Devices (MMUTCD) and its supplements, and as it may be deemed necessary by the Engineer. Contractor shall submit a temporary traffic control plan two weeks prior to construction. 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. In order to facilitate project safety, Contractor shall position and schedule deliveries of all materials to be incorporated into the Work, such as pipe and castings, to minimize conflict with traffic flow. Failure to cooperate with the Engineer in this respect shall authorize the Engineer to have such materials removed from the Project by any means available until their use is imminent. The costs associated with such removal and return to the Project site shall be borne by Contractor with no additional compensation. Throughout construction, Contractor shall provide safe and adequate access at all times for residents, property owners and emergency vehicles. Access shall include the maintaining of ingress and egress of private driveways throughout construction except during Work related excavations, and concrete placement and curing. It is anticipated that parking will need to be restricted to one side of the street during construction. Contractor shall be responsible under this item for providing and installing temporary parking restriction signing as directed by the Engineer. 102 SC-27 Throughout the duration of construction, Contractor shall coordinate with the City a minimum of at least twenty-four (24) hours in advance, any inconveniences to local businesses and property owners. The City will provide Contractor with printed door hangers that shall be placed in residents doors by Contractor no later than 5:00 p.m. the day before work is to begin. Contractor is responsible for notifying property owners of any limited access at least twenty-four (24) hours in advance. 51. SOIL PREPARATION (2574): This Work consists of providing temporary shaping and grading, and preparing the soil for permanent turf establishment to reduce the risk of soil erosion. Temporary shaping and grading includes directing water flow and breaking up soil fine enough to install temporary erosion control Materials. Preparing the soil for permanent turf includes soil tilling and soil additives. 2574.3 CONSTRUCTION REQUIREMENTS Prepare the soil to minimize soil erosion and to provide a media for plant and root establishment. Perform soil preparation operations for permanent seed and sod and for temporary conditions. Soil preparation will include the Material and installation as required by the Contract to complete the Work and shall be incidental to the Work. 2574.4 METHOD OF MEASUREMENT The Engineer will measure fertilizer by the weight of each type applied. If the Contractor provides fertilizer with different type than as shown on the Plans, the Engineer will adjust the application rate of the fertilizer provided to meet the equivalent type proportions of the fertilizer shown on the Plans. Topsoil borrow shall be imported only at the direction of the Engineer. Load tickets will be required for payment. 52. ESTABLISHING TURF AND CONTROLLING EROSION (2575): All disturbed areas within the project shall be either seeded or sodded to an equal or better condition to that which was in place prior to construction and as directed by the Engineer. All exposed areas of the site shall receive seed and mulch, sod or rolled erosion prevention product within two weeks. Restoration may include areas outside of the construction limits as determined by the Engineer. 2575.3 CONSTRUCTION REQUIREMENTS Minimize soil erosion and prevent damage from sedimentation by using the Best Management Practices (BMP) to cover bare soils in temporary and permanent conditions. Use temporary erosion control BMPs, including limiting the amount of exposed erodible soils and providing for proper exposed soil stabilization for slopes, ditches, storm drain and Culvert outlets, and storm water discharge points from erosion. Use permanent erosion control BMPs to provide the final 103 SC-28 stabilization of exposed slopes. Properly prepare soils in accordance to 2574, Soil Preparation. Plant seed mixtures during the seasons of planting for the various seed mixtures in accordance with Table 2575.3-1. Shape and prepare the site according to 2574, Soil Preparation. Provide Permanent rolled erosion prevention products meeting the requirements of the categories as shown on the Plans. MAINTENANCE: Maintain the product installation for 30 Calendar Days if required by the Contract or as approved by the Engineer. Water the blankets and mat systems immediately after placement at a metered application rate of at least 3000 gallons per acre and thereafter as needed to furnish appropriate vegetation, incidental during maintenance period. Control erosion and establish a permanent vegetative cover as approved by the Engineer until Contract acceptance. Restore areas with seeding failure or erosion during the maintenance period at no additional cost to the Owner. Repair damage within the area caused by Contractor operations and within the Contractors control at no expense to the Owner. Reseed areas where the original seed has failed to grow, as directed by the Engineer. 2575.4 METHOD OF MEASUREMENT Measure seeding by the acre of area seeded, regardless of the seed mixture or quantity of seed used, and regardless of whether the seed was furnished by the Contractor or the Owner. Areas reseeded by order of the Engineer, after the original seeding of the area was accepted, will be measured, and added to the area originally seeded. Seed mixtures will be paid by the pound of seed used. The Engineer will measure each Rolled Erosion Prevention Category separately by the square yard of area covered. The Engineer will measure Category 20 by the square yard of surface area covered and cured in place. The Engineer will measure the seed and fertilizer separately. The Engineer will measure any soil or soil amendments installed before placement of rolled erosion prevention products separately. Measure water used by volume for turf establishment of seeded areas. Watering is incidental during the maintenance period. 2575.5 BASIS OF PAYMENT 104 SC-29 The Owner will pay for seed by the PLS weight of each mixture or species measured. The Owner will pay for rolled erosion prevention product by the square yard. Portions of rolled erosion prevention product covered by overlap along the seams or buried in trenches or check slots are included in the Contract Unit Price. Portions of rolled erosion prevention product folded over as blanket checks are paid for by the square yard of Rolled erosion prevention, Category 20. Soil, compost, or organic fiber matrix applied on top of Soil filled products are included in the Contract Unit Price. 53. RESTORATION: Contractor shall restore all adjoining properties to the Engineers satisfaction. Contractor shall work with adjoining property owners and the City in protecting and minimizing any damage to adjoining landscaping, sprinkler systems, fencing or other property. Indiscriminate damage to such systems shall obligate Contractor to replace such systems at its cost. 54. PAVEMENT MARKINGS (2582): The Contractor shall be responsible for the layout of all temporary and permanent pavement markings (striping). The Owner will check and approve layout before application of pavement markings is allowed. All striping shall be completed as soon as possible and within 48 hours after placement of the final lift (in accordance with manufacturers requirements). The Engineers involvement in the application of the material shall be limited to field consultation and inspection. The Contractor will place necessary spotting at appropriate points to provide horizontal control for striping and to determine necessary starting and cutoff points. Longitudinal joints, pavement edges and existing marking may serve as horizontal control when so directed. Layout is incidental with no additional compensation allowed therefore. 105 2025 TH 55 OTTAWA WATERMAIN PROJECT APPENDIX A CITY PROJECT NO. 25-05 CITY OF GOLDEN VALLEY, MN WSB PROJECT NO. 028092-000 APPENDIX A AWWA C153 COMPACT FITTING WEIGHTS 106 Size 90°45°22 1/2°11 1/4° 4"25 22 18 16 6"39 32 31 30 NOTE: 8"57 46 46 42 DO NOT use 90° bends. 10"89 70 64 58 Use (2) 45° bends. 12"108 86 80 67 14"210 160 136 93 16"264 202 172 148 18"335 250 255 205 20"400 305 310 245 24"565 405 412 315 Size 4"6"8"10"12"14"16"18"20"24" 4"32 6"46 56 8"60 72 86 10"78 90 105 120 12"94 110 125 140 160 14"172 182 206 228 234 280 16"228 248 264 280 316 322 18"275 295 315 335 380 405 435 20"315 345 370 395 440 465 505 535 24"415 445 470 500 550 580 625 660 720 Size 4"6"8"10"12"14"16"18"20"24" 4"40 6"68 75 8"90 108 105 10"98 118 138 145 12"100 140 162 190 213 14"162 181 259 223 244 299 16"250 289 345 397 333 385 18"260 282 308 384 630 20"306 341 370 392 451 634 547 605 24"403 431 465 494 553 714 809 830 Size 4"6"8"10"12"14"16"18"20"24" 6"32 8"43 54 10"61 64 62 12"82 85 82 82 14"108 104 100 100 16"136 132 128 125 140 18"194 196 185 190 190 196 20"225 210 208 225 233 24"310 315 324 312 315 Size Short Long Size Size 4"17 20 4"9 4"10 6"28 33 6"15 6"16 8"38 46 8"22 8"26 10"49 62 10"32 10"36 12"56 76 12"42 12"46 14"111 140 14"66 14"75 16"123 170 16"92 16"95 18"160 200 18"114 18"121 20"195 255 20"125 20"135 24"225 335 24"166 24"175 CAPS (MJ) FLAT PLUGS (MJ) FLAT Ductile Iron Mechanical Joint Compact Fittings Weight in Pounds per AWWA C153 BENDS (MJ-MJ) TEES (MJ-MJ) CROSSES (MJ-MJ) REDUCERS (MJ-MJ) SOLID SLEEVES (MJ) 107 2025 TH 55 OTTAWA WATERMAIN PROJECT APPENDIX B CITY PROJECT NO. 25-05 CITY OF GOLDEN VALLEY, MN WSB PROJECT NO. 028092-000 APPENDIX B ONLINE BIDDING INSTRUCTIONS 108 pg. 1 v2.0.10.03.2024 Quest Construction Data Network VirtuBid™ Online Bidding User Guide Client Success – 952-233-1632 Success@QuestCDN.com Click the title to access the information directly BIDDERS QUICK REFERENCE ONLINE BID ID CODE .............................................................. 3 ACCESS THE ONLINE BID ID CODE ...................................................................................... 3 Change the Online Bid ID Code................................................................................................................... 4 Complete Online Bidding Users Guide ............................................................................... 5 Create an Online Bid ID Code ..................................................................................................................... 5 Online Bid ID Code Explanation .................................................................................................................. 5 Accessing Online Bidding ................................................................................................... 6 Online bidding through the bid posting page ............................................................................................. 6 Online bidding through the VirtuBid Bid List .............................................................................................. 6 Bid List ............................................................................................................................... 7 Main Online Bidding Page .................................................................................................. 8 Bid Requirements .............................................................................................................. 9 Bid Qualifications and Bidder Certifications ............................................................................................... 9 Bid Bond .................................................................................................................................................. 9 Electronic Bid Bond ............................................................................................................................. 9 Surety2000 Bid Bond .......................................................................................................................... 9 Contract Number ........................................................................................................................... 9 Contractor ID .................................................................................................................................. 9 Addenda ................................................................................................................................................ 11 Downloading Documents ..................................................................................................................... 12 Download, Complete, Upload Documents ........................................................................................... 13 Upload Bid Documents ......................................................................................................................... 14 Post Letting Information Submittals ..................................................................................................... 15 Bid Worksheet ................................................................................................................. 16 Worksheet Sections (Four types of sections) ........................................................................................... 16 Manual Entry of Unit Prices ...................................................................................................................... 17 Importing the Unit Prices.......................................................................................................................... 17 109 pg. 2 v2.0.10.03.2024 Submitting the Bid ........................................................................................................... 18 Sign and Submit Page ............................................................................................................................... 18 Incorrect Online Bid ID Code ................................................................................................................ 19 Unsuccessful Bid Submission Error Messages ...................................................................................... 20 Examples of Error Messages ............................................................................................................. 21 Bid Submitted .................................................................................................................. 21 Successfully Submitted Bid ....................................................................................................................... 21 Making Changes to the Bid Worksheet After Successful Bid Submission .......................... 22 Edit Worksheet ......................................................................................................................................... 22 Unsubmit Bid ................................................................................................................... 24 Transactions & Receipts ................................................................................................... 26 Resources ........................................................................................................................ 26 110 pg. 3 v2.0.10.03.2024 BIDDERS QUICK REFERENCE ONLINE BID ID CODE YOU MUST CREATE YOUR ‘ONLINE BID ID CODE’ BEFORE ACCESSING ONLINE BIDDING. Prior to participating in online bidding, be sure to set up your company’s ‘Online Bid ID Code’. Your ‘Online Bid ID Code’ is your digital signature. Creating an ‘Online Bid ID Code’ can only be done by the main account holder. What is the ‘Online Bid ID Code’ The ‘Online Bid ID Code’ serves as a passcode required for bid submission and acts as the digital signature for your company. This code is generated by the main account holder before other users can access VirtuBid™ (online bidding). To view or update the code, simply log into QuestCDN using the main account holder's username and password and follow the instructions below to access the code. ACCESS THE ONLINE BID ID CODE 1. Sign In: Make sure you are logged into QuestCDN with the main account holder’s username and password. 2. Click ‘My Account’ at the top of the page to view your account details. (If you are not the main account holder, the system will display the main account holder's information, including their name and contact details. Reach out to the person whose information is shown; they can provide you with the Online Bid ID Code or assist with any related inquiries.) QuestCDN does not have access to the Online Bid ID Code. 3. Once logged in as the main account holder, click ‘My Account’ at the top of the page. This will take you to the account settings. The system will first display the ‘Company Info’ tab, which does not include the Online Bid ID Code. 4. Click the second tab labeled ‘User Info & Online Bid ID Code’ to find the code. Please note that the Member Number is not the same as the Online Bid ID Code. 111 pg. 4 v2.0.10.03.2024 5. Scroll to the bottom of the page to find the “Online Bid ID Code” box. Look for the eye icon (👁️) next to the red asterisks. Clicking this icon will enable you to view or edit the existing code. If no code is displayed, enter a new code and confirm it by retyping it in the ‘Confirm Online bid ID Code’ field. Remember to click the ‘Save’ button at the bottom of the page to finalize the code. Change the Online Bid ID Code 1. Enter a new Online Bid ID Code: Type the new code you want to use into the first box. Confirm the code in the second box, retype the same code exactly as you entered it in the first box. This step ensures that there are no mistakes and that the code you entered is correct. 2. Click the ‘Save’ bottom to finalize the change. This will update the system with your new ‘Online Bid ID Code’. 112 pg. 5 v2.0.10.03.2024 Complete Online Bidding Users Guide Create an Online Bid ID Code Log into QuestCDN at QuestCDN Login Page. Click ‘My Account’ at the top of the page, then select the ‘User Info & Online Bid ID Code’ tab. Here, you can add or update your ‘Online Bid ID Code.’ If you see black dots in the fields, click the eye icon to view the code. Ignore the Username and Password fields located at the top. This is the QuestCDN sign in credentials. (Please note that only the QuestCDN main account holder can access ‘My Account’ and update or view the code.) Online Bid ID Code Explanation The ‘Online Bid ID Code’ is a passcode and acts as your digital signature. It is required to submit an online bid through the QuestCDN online bidding system, VirtuBid ™. • An ‘Online Bid ID Code’ must be created before users can access online bidding. The code is established, modified and viewable by the QuestCDN main account holder. • This code is the digital signature that allows submission of a bid on behalf of the company. QuestCDN does not have access to codes for security purposes. • The code is found in ‘My Account,’ in the ‘User Info & Online Bid ID Code’ tab. 113 pg. 6 v2.0.10.03.2024 Accessing Online Bidding There are two ways to access QuestCDN online bidding: Online bidding through the bid posting page 1. Enter the QuestCDN project number and click the search button. To submit an electronic bid and access the VirtuBid™ system, companies must be QuestCDN plan holders. To become a plan holder for a project, you must download the bid documents before trying to access online bidding. 2. After downloading the bid documents, click the ‘Online Bidding’ ‘Available’ button located on the bid project page, or select the ‘Online Bid’ button at the top of the page. Online bidding through the VirtuBid Bid List 1. Current and past electronic bid postings that have been downloaded will be shown on the ‘Bid List’ page. To access this page, click ‘Online Bidding’ in the main navigation options. 114 pg. 7 v2.0.10.03.2024 Bid List The VirtuBid™ (vBid) Bid List page is organized into searchable sections. You can find both current and past bid opportunities here. Each bids qualification, bid worksheet and bid tabulation information is categorized and saved by section for easy reference in the future. The Bid List page is divided into five sections to help you navigate through the bidding process more efficiently: 1. Bids Started: This section includes all bids that you have downloaded but not yet submitted. 2. Bids Available: Here, you’ll find active bids that have been opened and are ready for submission. 3. Bids Submitted: This section contains all bids that are successfully submitted but have not closed. 4. Bids Closed (Bid Submitted): This includes bids that are now closed, and a bid is submitted. 115 pg. 8 v2.0.10.03.2024 5. Bids Closed (No Bid Submitted): This section shows bids that are closed where you did not submit a bid. Main Online Bidding Page At the top of the Main Bidding Page you will find important information displayed for the bid, including: • Bid Name: The title of the bid opportunity. • QuestCDN Number: A unique identifier for the bid within the QuestCDN system. • Owner Number: The identification number assigned to the owner or solicitor of the project. • Closing Date/Time/Time Zone: The specific date/time and time zone when the bid will close. • Posting Type: Indicates the type of posting (e.g., Construction, Request or Goods and Services). • Owner: The name of the entity or organization that owns the project. • Solicitor: The contact person or company responsible for managing the bid process. • Running Bid Countdown Clock: A timer that counts down to the closing time of the bid. • Bid Submitted/Bid Not Submitted Status: An indicator showing whether you have submitted a bid for this opportunity or not. • Save Button: This button allows you to save your progress while filling out the bid forms and refreshes the page, ensuring that no information is lost. Allowing you to return to complete information at a later time. • Sign & Submit Button: This button takes you to the submission page, where you will agree to the bidders terms and conditions and enter the company’s ‘Online Bid ID Code’, which serves as your digital signature. Clicking the ‘Submit’ button on this page finalizes your bid submission and submits it. • Bid List: Click ‘Bid List’ from the top navigation to take you back to the ‘Bid List’ page. 116 pg. 9 v2.0.10.03.2024 Bid Requirements Bid Qualifications and Bidder Certifications Bid Bond Upload a completed bid bond file or enter the Surety2000 ‘Bond ID’ number to finalize the bid bond information, based on the solicitor's requirements. If both options are available, you only need to submit one. NOTE: There is no red "X" or green ‘’ checkmark to indicate whether the bond field is complete. Instead, the completion of this field is signified by the successful upload of your bid bond file or entry of the Surety2000 ‘Bond ID’. Once a document is uploaded or a Bond ID is entered, it serves as confirmation that the bond information is complete. Be sure to check that the file is properly uploaded to avoid any issues with your bid submission. Electronic Bid Bond Upload a file containing signed bid bond information Surety2000 Bid Bond Provide the ‘Contract number’ and ‘Contractor id’ to the insurance agency. The agent must use these two numbers when requesting a Surety2000 bond with ‘Bond Id’ validation number. Contract Number The ‘Contract number’ will change with each project and is always the Quest Number for the bid. The ‘Contract number’ is displayed in the ‘Bid Bond’ field. The ‘Contract number’ can also be found on the bid posting page, and the top of the online bidding page. Contractor ID (Surety2000 refers to this as the “State vendor ID number”) is the QuestCDN member number and will always stay the same for each bid. The member number used for the ‘Contractor id’ can also be found in ‘My Account’ in the ‘Company Info’ tab, listed in Red at the top of the page. 117 pg. 10 v2.0.10.03.2024 Contract Number (QuestCDN Number): is automatically populated by the system and is essential for validating your bid with Surety2000, as it links your bid to the specific project. a. It is important to note that this number must be updated by the surety agent for each new bid bond request. Each new bid requires a unique QuestCDN Number to ensure that the bond corresponds correctly to that specific bid. Always verify that the number is correct before submission to ensure a smooth validation process. b. Clicking ‘Validate’ checks the entered bond id number with the Surety2000 system. If the bond id cannot be validated a prompt will open displaying the below message. c. The Quest online bidding system will NOT prevent your bid from being submitted due to this error message, as all processing done by the agent and Surety2000 is outside our control. It is important to check with your agent to ensure they have the correct Contract Number and Contractor ID listed on each requested bond for the Surety2000 validation. If these details are incorrect, the bond id will not validate. To validate the number, your agent should resubmit the correct information to Surety2000 and provide you with a new Bond ID. d. Keep in mind that if time is running short and the issue cannot be resolved, you are still allowed to submit your bid without validation. If a bond was issued, the owner should be able to access the information from Surety2000, but it is the bidders responsibility to ensure the bond information is correct and is issued correctly. e. If electronic bond entry is available as an option, it is advisable to upload your Surety2000 bond document instead of relying on the unvalidated bond id number. This ensures that your bid is submitted, even if there are issues with the bond id validation process. 118 pg. 11 v2.0.10.03.2024 The image below displays an uploaded bid bond document for the ‘Attach Electronic Bid Bond’ option, and ‘Enter your Surety2000 bid bond information’ section highlights the fields for the Contract Number, Contractor ID, and Surety2000 Bond ID. Addenda Bids will NOT be successfully submitted if all addenda are not downloaded from the bid posting page. The ‘Addenda’ qualification field will indicate if all addenda have been downloaded or if there are addenda not downloaded. 1. All addenda not downloaded message “There are (#) unread addenda for this project. Follow this link to download.” Clicking the link will open a new browser window that directs you to the bid postings addenda download page. From there, click the ‘Download’ link for each addendum to fulfill the requirement. After downloading, close the browser window to return to the online bidding page. Be sure to click the ‘Save’ button to refresh the page. Once refreshed, the addenda message will update with a green checkmark and message that indicates the requirement has been completed. “All Addenda have been downloaded message” 119 pg. 12 v2.0.10.03.2024 Downloading Documents ‘Bidder must download the following files for bid submission’ 1. Each required document download includes a file name and a corresponding ‘Download’ button. A red X indiactes that the requirement is not complete. Remember, you can download and save the files multiple times if needed. 2. To fulfill the requirements, click the ‘Download’ button for each document listed and save the files to your device. 3. After downloading, make sure to click the ‘Save’ button located at the top of the page or in the left navigation. This action will update,refresh and save the information on the page. 4. If you see a red ‘X,’ it indicates that the requirement is not yet complete and you may have missed downloading the indicated document. 5. After downloading the documents and refreshing the page, the downloaded date and time of each file will be displayed. If you have downloaded the same document multiple times, only the original download date and time will be shown. 6. Once the requirement is fulfilled, a green checkmark ‘’ will replace the previous red 'X'. This green checkmark indicates that the requirement has been successfully completed. This visual confirmation helps you easily track which requirements are met. 120 pg. 13 v2.0.10.03.2024 Download, Complete, Upload Documents ‘Bidder must download, complete, and submit upload (or replace) the following files for bid submission (Combine multiple pages and/or zip files. Uploading a new file will replace the previously uploaded file.)’ 1. Each required document includes a file name and a corresponding ‘Download’ button. A re d X indiactes that the requirement is not complete. Remember, you can download and save the files multiple times if needed. 2. To fulfill the requirements, click the ‘Download’ button for each document listed and save the files to your device. 3. If you see a red ‘X,’ it indicates that the requirement is not yet complete. 4. After downloading, be sure to click the ‘Save’ button located at the top of the page or in the left navigation. a. This action will update, refresh and save the information in the system, allowing the ‘Upload’ button to appear. b. The downloaded date and time of each file will be displayed to the right of the ‘upload’ button. c. If you have downloaded the same document multiple times, only the original download date and time will be shown. d. If the downloaded file is in a fillable format, complete all information and save each document to your device. You can upload the documents when ready. e. If the downloaded file is not in a fillable format, print the forms and complete them manually. After filling out the forms, scan and save the documents to your device for easy retrieval later. Click the ‘Upload’ button to upload the documents when ready. 5. Click the ‘Choose File’ button to select each file or zip file from your computer. Once you’ve chosen the file, click the ‘Upload’ button to upload it. Make sure to click ‘Save’ from the navigation menu or the top of the page. After saving, if you log out of the online bidding system, all information is saved and will be available when you log back in. The red X is replaced by a green ‘’ checkmark and indicates the requirement is completed. 121 pg. 14 v2.0.10.03.2024 Verification a. Click the underlined uploaded document name to review the uploaded documents for accuracy and completeness. b. If you need to replace an existing file, click ‘Choose File’ to select a new file. c. After selecting the new file, click the ‘Upload’ button to upload it. d. Remember to click ‘Save’ to ensure the changes are recorded. NOTE: When you select a new file and upload it, the existing file is REPLACED by the new one. The system does not retain the previous version or add it as an additional file; it only keeps the most recent upload. Be sure that the new file is correct and complete, as the old file will no longer be accessible after the replacement. The original download date and time will be shown if the file is replaced. Upload Bid Documents ‘Bidder must upload the following files for bid submission (Combine multiple pages and/or zip files. Uploading a new file will replace the previously uploaded file.) 1. Each required document includes a file name and a corresponding ‘Choose File’ button. A red X indiactes that the requirement is not complete. 2. Select the ‘Choose File’ button to retrieve and attach a required file from the device. 3. After selecting the file, click the ‘Upload’ button to upload it. 4. The name of the uploaded document is displayed on the right side of the ‘Upload’ button. A green checkmark ‘’ indicates the process has been successfully completed. 122 pg. 15 v2.0.10.03.2024 5. Verification: Click the underlined document name to review the uploaded documents for accuracy and completeness. a. If you need to replace an existing file, click ‘Choose File’ to select a new document. b. After selecting the new file, click the ‘Upload’ button to upload it. c. Remember to click ‘Save’ to ensure the changes are recorded. NOTE: When you select a new file and upload it, the existing file is REPLACED by the new one. The system does not retain the previous version or add it as an additional file; it only keeps the most recent upload. Be sure that the new file is correct and complete, as the old file will no longer be accessible after the replacement. Post Letting Information Submittals The Post Letting Information section enables the submission of documents requested after the bid has closed. This functionality is like the previous sections, allowing you to manage any additional documentation required post-bid. a. In this section, there may be a post letting ‘Deadline’ that specifies a date and time by which all documents must be uploaded. b. A red ‘X’ indicates the requirement is not complete. A green checkmark ‘’ indicates the requirement has been successfully completed. Once you have completed the upload of post letting documents, there is no additional submission process required because the bid is already submitted. The documents become immediately available to the solicitor or owner, ensuring they can access them without delay. Once a document is uploaded it cannot be removed. It is important to note that submitting post letting documents is only permitted if a successful bid was submitted first. If you did not submit a successful bid, you will not be able to upload additional documents after the bid closes. This policy ensures that only those who have participated in the bidding process can submit further documentation related to the project. 123 pg. 16 v2.0.10.03.2024 Bid Worksheet Click ‘Bid Worksheet’ from the left navigation to access the bid unit prices. Worksheet Sections (Four types of sections) 1. Base Bid Section White colored sections are added to the base bid total, have a subsection total and require a unit price entry for each item before submitting. 2. Mandatory Bid Section Peach colored sections are mandatory, have a subsection total and completion is required to submit a bid. Items in this section will not be added to the base bid total. 3. Optional Bid Section Blue colored sections are optional, have a subsection total and completion may or may not be mandatory to submit a bid (please follow the instructions specified by the solicitor/owner). Items in this section will not be added to the base bid total. 4. Fixed Bid Section Purple colored sections have a fixed unit price added by the solicitor/owner. Unit prices cannot be changed and are added to or subtracted from the base bid total. 124 pg. 17 v2.0.10.03.2024 Manual Entry of Unit Prices 1. Click the appropriate unit price field within the line item to select it. 2.Enter the unit price, ensuring that you enter the amount without including the dollar sign. a. After entering or moving to the next field, the ‘Unit Price’ field will display only two decimal places for clarity. However, when you click back into the unit price field the total number of digits entered after the decimal point will be revealed, allowing you to see the full precision of your entry. b. Allowing more than two digits after the decimal point enables greater precision in calculations, which is crucial for some pricing in bids. c. To navigate between unit price fields, you can use the enter key, the up/down arrows, or simply click on each unit price field to move to the next one. Replace the Unit Price To replace a unit price, click the relevant unit price field, which will highlight the entire entered unit price within the field. You can then re-enter your unit price, or you can click at the beginning or end of the field to make edits as needed. Extension Field The ‘Extension’ field is automatically calculated based on the value you enter. For example, if the quantity is 20 and the unit price is 2.558, the extension would be calculated as 20 x 2.558 = 51.16. The online bidding system will time out and log out after 60 minutes. Click the ‘Save’ button often to update and save the work. Importing the Unit Prices Import & Export CSV 1. The ‘Export to CSV’ option allows you to export the bid worksheet into an Excel CSV spreadsheet. This feature is useful for sharing the spreadsheet and performing additional offline calculations, applying formulas, and adding percentage markups on unit prices, making it easier to analyze and manage your bid data. 2. The ‘Import from CSV’ button is used to import the Excel CSV spreadsheet into the bid worksheet. When importing the CSV file back to the bid worksheet, you are only permitted to make changes to the ‘Unit Price’ field. It is crucial not to modify the headers, descriptions, or to move, add, create formulas or delete any line items within the exported worksheet. Making any unauthorized changes can result in upload errors, preventing the spreadsheet from being processed correctly by the system. To ensure a smooth submission process, stick strictly to modifying only the unit prices as specified. 125 pg. 18 v2.0.10.03.2024 Submitting the Bid Sign and Submit Page 1. Once you have thoroughly verified that both the qualification page and the bid worksheet are complete, you can proceed by clicking the ‘Sign and Submit’ button. This action will take you to the signature and submit page. 2. On the signature and submit page you are required to enter your ‘Online Bid ID Code’ (case sensitive). This code is your company’s digital signature and a formal acknowledgment that you are authorized to submit the bid on behalf of your company and that all provided information is accurate. 3. After entering the code, click the ‘I Agree’ checkbox to accept the bidders terms and conditions. 4. Clicking the ‘Submit’ button will officially submit your bid for consideration. 5. You maintain control of your bid until the closing time. Before the bid closes, you can Unsubmit or edit your bid worksheet at any time. This flexibility allows you to adjust, correct any errors, or refine your bid to ensure it meets your desired specifications before the deadline. Once the bid is submitted you will receive an email confirmation of your submission and a confirmation message to your Message Center. You can unsubmit or remove the entire bid (all data will be saved) and, if necessary, resubmit the bid before the bid closing time. 126 pg. 19 v2.0.10.03.2024 Email Confirmation and Message Center Example Incorrect Online Bid ID Code A correct ‘Online Bid ID Code’ must be entered before the online bidding system can verify completion of requirements. When a correct code is entered and required fields are complete, the bid will be submitted to the owner/solicitor. If an incorrect code is entered, the page will display an error alert message “The Online Bid ID Code that you have entered is incorrect”. Click the OK button and retype a correct code, click ‘I Agree’ and click ‘Submit’. NOTE: The online bid id code is case sensitive. 127 pg. 20 v2.0.10.03.2024 To retrieve the code, click ‘My Account’ at the top of the page. Sign into QuestCDN using the main account holder username and password. Under the ‘User Info & Online Bid ID Code’ tab, scroll to the bottom of the page and click the eye icon to view an existing code. Use the browsers back arrow to go back to the vBid. Unsuccessful Bid Submission Error Messages 1. After the ‘Online Bid ID Code’ is accepted, the online bidding system will then verify the completion of bid requirements and worksheet entries. 2. ‘Bid Not Submitted’ with Error messages will display if information is missing or incomplete. 128 pg. 21 v2.0.10.03.2024 Examples of Error Messages (#) indicates the number of errors • Bid Requirement – Bid Bond has not been uploaded (#) • Bid Requirement – All Addenda have not been downloaded. (#) indicated with red X • Bid Worksheet – Item Unit price is missing (##) indicated in red on unit price field • Bid Not Submitted Bid Submitted Successfully Submitted Bid A message displaying ‘Bid Submitted by’ (with date/ time and username stamp (shown in red) will display. A bid submitted confirmation message receipt is sent to the individual’s ‘Message Center’ and email on record. 129 pg. 22 v2.0.10.03.2024 Making Changes to the Bid Worksheet After Successful Bid Submission • The owner or solicitor cannot access the bid information until after the bidding period has closed. • You have the flexibility to revise your bid worksheet at any time before the bid clock expires, even after submitting your bid. • This feature enables you to make necessary adjustments to your bid prices, ensuring they reflect the latest revisions. • This flexibility helps you keep your bid aligned with your current pricing strategy and project requirements, allowing for more accurate and competitive submissions. ***By submitting your bid early and taking advantage of the system's allowance for revisions up until the closing time, you reduce the risk of missing the bid due to last -minute changes. This approach ensures that your final submission reflects your desired pricing, giving you peace of mind that you can make necessary adjustments without the stress of potentially not being able to resubmit before the deadline.*** Edit Worksheet 1. Click ‘Bid Worksheet’ from the left navigation. 2. Click ‘Edit Worksheet’ to revise unit prices. 130 pg. 23 v2.0.10.03.2024 3. Enter the revised unit prices in the populated ‘Edited’ column. Once you’ve made all necessary changes, select ‘Submit Changes’ from the left navigation. 4. Enter the Online Bid ID code, check the box indicating ‘I agree’, and then click ‘Submit’. 5. The owner or solicitor of the project will receive your latest bid submission with the revised unit prices. 6. The Base Bid total will show the new bid total with the revised unit prices. Please note that if you do not click ‘Submit Changes’, enter the ‘Online Bid ID Code’, click ‘I Agree’ and click ‘Submit’ the changes will not be updated in the system and the solicitor will not receive new unit prices. It is crucial to complete this step to ensure your revised information is submitted. Example of ‘Edited’ column and revised unit price lines. Shows both the original unit price submitted and the edited proposed revised unit price. 131 pg. 24 v2.0.10.03.2024 Example of the Edited Base Bid Total compared to the original base bid total submitted. Unsubmit Bid To remove your bid or to modify the Bid Requirements. 1. Click the ‘Unsubmit Bid’ button to completely remove your bid. While all the data you entered will remain saved in the system, please note that the bid will not be submitted to the solicitor. This option allows you to make further edits or revisions without losing any of your previously entered information. Remember, until resubmitted, your bid is removed in its entirety. 2. Make changes to the qualification and/or bid worksheet page. Re-submit bid before the end of the bid closing. The bid will not be received by the owner/solicitor if the bid is not resubmitted. 132 pg. 25 v2.0.10.03.2024 A ’Bid Unsubmitted’ email is sent to the individual’s email address and a confirmation message is sent to the individual ‘Message Center’. 133 pg. 26 v2.0.10.03.2024 Transactions & Receipts The ‘Transactions & Receipts’ section provides a comprehensive record of all downloaded transactions and receipts. You can click on the highlighted column names to sort the information. Searchable fields include ‘Date,’ ‘Amount,’ ‘Reason,’ ‘Quest eBidDoc™ No,’ ‘Created By User,’ ‘Status,’ ‘Type,’ and ‘Receipt.’ To narrow down your search, you can adjust the ‘Beginning Date’ and ‘Ending Date’ in the calendar to specify a particular date range. If you wish to print the information, simply click the ‘Print Page’ button to generate a PDF or save the document to your device. For more detailed information, click on the highlighted transaction number to access and print a detailed receipt along with bid posting information. This feature ensures that you have easy access to all necessary documentation related to your transactions. Resources The ‘Resources’ tab is a valuable section that includes frequently asked questions (FAQs) and their corresponding answers, user guides, and instructional videos to help you navigate the system effectively. To view answers to specific questions, simply click on the question name, which will expand the field to display the response. If you need additional assistance, click the ‘info@QuestCDN.com link to send our Client Success team a direct email for personalized help regarding any issues or inquiry we can help to resolve. Additionally, you can click on any guide or video link to access informative materials that can be downloaded for your reference. These resources are designed to enhance your understanding of the platform and improve your overall experience with the biddin g process. Resources from the main navigation 134 2025 TH 55 OTTAWA WATERMAIN PROJECT APPENDIX C CITY PROJECT NO. 25-05 CITY OF GOLDEN VALLEY, MN WSB PROJECT NO. 028092-000 APPENDIX C UTILITY MAPS 135 EXECUTIVE SUMMARY Community Development 763-512-2345 / 763-512-2344 (fax) Company Base Bid Alternate 1 Alternate 2 Total Valley Paving, Inc. $1,391,812.07 $155,417.07 $94,530.28 $1,641,759.42 Northwest Asphalt, Inc. $1,407,443.00 $149,987.20 $93,177.90 $1,650,608.10 Park Construction Company $1,474,215.00 $165,989.00 $98,487.30 $1,738,691.30 Bituminous Roadways, Inc. $1,494,707.50 $159,080.00 $99,220.00 $1,753,007.50 GMH Asphalt Corporation $1,536,388.60 $167,286.55 $95,811.60 $1,799,486.75 North Valley, Inc. $1,536,686.32 $165,277.58 $98,296.32 $1,800,260.22 C.S. McCrossan Construction, Inc. $1,562,512.20 $162,714.25 $92,868.50 $1,818,094.95 OMG Midwest, Inc. dba Minnesota Paving & Materials $1,758,857.45 $187,178.17 $99,142.16 $2,045,177.78 Golden Valley City Council Meeting July 15, 2025 Agenda Item 3D.2. Approve Contract for the 2025 Mill & Overlay Project with Valley Paving, Inc. Prepared By Caleb Brolsma, Assistant City Engineer Michael Ryan, City Engineer Summary Construction contract bids for the 2025 Mill and Overlay Project were opened virtually on June 26, 2025. The following bids were received: 136 Low Bid Total (Base + Bid Alternate 1 + Bid Alternate 2): Valley Paving, Inc., $1,641,759.42. Staff reviewed the bids and found them to be reasonable and clear. Staff recommends awarding the contract to Valley Paving, Inc. for work associated with the Base Bid, Bid Alternate 1, and Bid Alternate 2. Financial or Budget Considerations The cost associated with this agreement is $1,641,759.42, which is within the $1,750,000 budget allocated to the associated S-013 Pavement Management Overlays CIP item. Also associated with this CIP item is a Professional Services Agreement with Bolton & Menk in the amount of $103,747.00. Industry standard is to have 5% contingency available for a project of this size and scope, which would be equivalent to $82,087.91. If contingency funds are required during construction, funds will be taken from CIP items S-018 and S-046. The fund for this project is 6169.6340. Legal Considerations This contract has been approved by the City Attorney's office. Equity Considerations The City’s work to execute our mill and overlay projects is consistent with the unbiased programs and services pillar of the City’s Equity Plan. The mill and overlay program is unbiased, prioritizing streets that objectively have low Pavement Quality Index scores and providing reliable infrastructure city- wide. Recommended Action Motion to approve Contract for 2025 Mill & Overlay with Valley Paving, Inc. Majority vote needed. Supporting Documents 2025 Mill and Overlay Project Manual.pdf 2025 Mill and Overlay Agreement.docx 137 Project Manual and Specifications 2025 Mill & Overlay Project City Project No. 24-07 138 TABLE OF CONTENTS CONTRACT DOCUMENTS 1. ADVERTISEMENT OF BIDS AB 2. INSTRUCTION TO BIDDERS IB 3. PROPOSAL FORM PF 4. AFFIDAVIT OF NON-COLLUSION AN-C 5. CERTIFICATE OF COMPLIANCE CC 6. RESPONSIBLE CONTRACTOR CERTIFICATION RCC 7. FORM OF CONTRACT FC 8. GENERAL CONDITIONS GC 9. SPECIAL CONDITIONS SC 139 CITY OF GOLDEN VALLEY, MINNESOTA ADVERTISEMENT FOR BIDS 2025 Mill & Overlay Project City Improvement Project No. 24-07 Notice is hereby given that Online Bids will be received by the City of Golden Valley, Minnesota until 10:00 a.m., June 24, 2025, via QuestCDN for the furnishing of all labor and material for the construction of the 2025 Mill & Overlay Project. Major quantities for the Work include. Description Quantity Unit REMOVE CONCRETE CURB AND GUTTER 3,000 LF REMOVE CONCRETE WALK 7,000 SF REMOVE CONCRETE DRIVEWAY PAVEMENT 950 SY REMOVE AND REPLACE CATCH BASIN OR MANHOLE 10 EA MANHOLE REHABILITATION (1” CEMENTITIOUS) 39 VF MILL BITUMINOUS SURFACE (2”) 41,500 SY ADJUST CATCH BASIN OR MANHOLE CASTING 95 EA BITUMINOUS WEARING COURSE MIXTURE 5,000 TON PATCH BITUMINOUS STREET OR DRIVEWAY 1,000 SY CONCRETE CURB AND GUTTER 2,800 LF CONCRETE COMMERCIAL APRON 600 SY CONCRETE H-PATTEN COMMERCIAL APRON 500 SY CONCRETE WALK 7,000 SF TRUNCATED DOME PANEL 340 SF STORM DRAIN INLET PROTECTION 65 EA TOPSOIL BORROW (LV) 100 CY SEED AND HYDRAULIC MATRIX, TYPE MULCH 1,200 SY REVISE SIGNAL SYSTEMS 2 SYSTEM STRIPING – MULTI COMP 26,000 LF CROSSWALK – MULTI COMP 2,600 SF PAVEMENT MESSAGE – MULTI COMP 700 SF Virtual Bid Opening - Golden Valley, MN - 2025 Mill & Overlay Project Tuesday, June 24, 2025, 10:00 AM - 10:30 AM (CST) To join meeting by computer or mobile application: http://tiny.cc/2025MillAndOverlayProj, Meeting ID: 257 571 891 301 4 To join meeting by phone: + 1-612-428-8778, Phone Conference ID: 979 856 612# The Issuing Office for the Bidding Documents is: Bolton & Menk, Inc. located at 3507 High Point Drive N, Building 1 Suite E130, Oakdale, MN 55128, Coleton Nelson (612) 430-5113. Digital project bidding documents are available at www.questcdn.com. You may view the digital plan documents for free by entering Quest Project Number 9674647 on the website’s Project Search page. Documents may be downloaded for $30. Please contact QuestCDN.com at (952) 233-1632 or infor@questcdn.com for assistance in free membership registration, viewing, downloading, and working with the digital project information. For this project, bids will ONLY be received electronically. Contractors submitting an electronic bid will be charged an additional $20 at the time of bid submission via the online electronic bid service QuestCDN.com. To access the electronic Bid Worksheet, download the project document and click the online bidding button at the top of the advertisement. Prospective bidders must be on the plan holders list through Quest CDN for bids to be accepted. Bids shall be completed according to the Bidding Requirements prepared by Bolton & Menk, Inc. dated June 3, 2025. 140 Bid security in the amount of 5 percent (5%) of the Bid must accompany each Bid in accordance with the Instructions to Bidders. Bidders are required to submit information indicating they have practical experience of the particular construction work bid upon, and that they have the ability and resources to complete the proposed work in a manner satisfactory to the Owner. A contract award will only be made to a bidder meeting the minimum contractor qualifications as stated within the contract specifications. The successful bidder must be a “responsible contractor.” The term “responsible contractor” means a contractor as defined in Minnesota Statutes, section 16C.285, subdivision 3. Any prime contractor, subcontractor, or motor carrier that does not meet the minimum criteria or fails to comply with the verification requirements is not a responsible contractor and is not eligible to be awarded a construction contract for the project or to perform work on the project. A prime contractor, subcontractor, or motor carrier that makes a false statement under oath verifying compliance with the minimum criteria will be ineligible to be awarded a construction contract on the project, and the submission of a false statement may result in termination of a contract awarded to a prime contractor, subcontractor, or motor carrier that submits the false statement. A prime contractor shall include in its verification of compliance a list of all of its first-tier subcontractors that it intends to retain for work on the project. Before execution of a construction contract, a prime contractor shall submit a supplemental verification under oath confirming that all subcontractors and motor carriers that the prime contractor intends to use to perform project work have verified to the prime contractor, through a signed statement under oath by an owner or officer, that they meet the minimum criteria for a responsible contractor. The City of Golden Valley reserves the right to reject any and all Bids, to waive irregularities and informalities therein and to award the Contract in the best interests of the City of Golden Valley. BY ORDER OF THE CITY COUNCIL Theresa Schyma, City Clerk 141 INSTRUCTIONS TO BIDDERS INDEX PAGE 1. Pre-Bid Meeting ................................................................................................. IB-1 2. Examination of Plans, Specifications and Site of Work ..................................... IB-1 3. Bid Security ....................................................................................................... IB-1 4. Contract Documents .......................................................................................... IB-1 5. Preparation of Proposal ..................................................................................... IB-2 6. Conditions in Bidder’s Proposal ......................................................................... IB-3 7. Interpretation of Estimates ................................................................................. IB-3 8. Delivery of Proposals ......................................................................................... IB-3 9. Rejection of Bids ................................................................................................ IB-3 10. Withdrawal of Proposals .................................................................................... IB-3 11. Public Opening of Proposals ............................................................................. IB-3 12. Evaluation of Bids .............................................................................................. IB-3 13. Disqualification of Bidders ................................................................................. IB-4 14. Equipment ......................................................................................................... IB-5 15. Suppliers and Subcontractors............................................................................ IB-5 16. Furnishing of Evidence of Responsibility ........................................................... IB-5 17. Requirements of Contract Bond ........................................................................ IB-5 18. Failure to Execute Contracts ............................................................................. IB-5 19. Award of Contract .............................................................................................. IB-5 142 IB-1 INSTRUCTIONS TO BIDDERS CITY OF GOLDEN VALLEY, MINNESOTA 1. PRE-BID MEETING No pre-bid meeting will be held for this project. 2. EXAMINATION OF PLANS, SPECIFICATIONS AND SITE OF WORK The Bidder shall examine to their satisfaction the quantities of work to be done as determined from the Plans and Specifications. Quantities indicated by the Engineer on drawings or elsewhere are estimated only, and Bidders must rely on their own calculations. Bidders shall be thoroughly familiar with the Specifications, including all Special Conditions. Submission of a bid by the Bidder is a representation that the Bidder has visited the Work site, become generally familiar with local conditions under which the Work is to be performed, and correlated personal observations with requirements of the Contract Documents. Bidders shall inform themselves of the character and magnitude of work and the conditions under which the work is to be performed concerning the site of the work, the structure of the ground, the existe nce of surface and groundwater, availability of drainage, the obstacles which may be encountered, means of approach to the site, manner of delivering and handling materials, facilities of transporting and installing construction plant and equipment and all other relevant matters pertaining to the complete execution of this Contract. No plea of ignorance of conditions that exist or that may hereafter exist, or of difficulties that will be encountered in the execution of the work hereunder, as a result of failure to make necessary examination and investigations, will be accept ed as a sufficient excuse for any failure or omission on the part of the Contractor to fulfill in every detail all the requirements of this Contract, or will be accepted as a basis for any claim whatsoever for extra compensation or for an extension of time. No Bidder may rely upon any statements or representations of any officer, agent, or employee of the City with reference to the conditions of the work or the character of the soil or other hazards that may be encountered in the course of construction. 3. BID SECURITY Each bid shall be accompanied by a cash deposit, certified or cashier’s check, or bid bond with a corporate surety in an amount at least equal to five (5) percent of the total amount of the base bid, payable to the City as a guaranty that the Bidder will enter into a contract with the City for the work described in the Proposal, and the amount of the bid security of a successful Bidder shall be forfeited to the City as liquidated damages in the event that such Bidder fails to enter into a contract and furnish Contractor’s bond. 4. CONTRACT DOCUMENTS The Contract Documents shall consist of the Plans and the Specifications along with the fully executed Contract Form. “Plans” means all project plans and drawings including addendums as distributed by the City. “Specifications” means all documents included in the project manual including, but not limited to, the following: • the Certification: • Advertisement for Bids; 143 IB-2 • Instructions to Bidders; • Proposal Form; • Affidavit of Non-Collusion; • Employee Certificate of Compliance • Responsible Contractor Certification Form • Form of Contract • Special Conditions; • General Conditions; • All documents required within any of the documents listed herein including, but not limited to, all bonds and insurance required. • Appendix 5. PREPARATION OF PROPOSAL Bidders shall state the prices for each item of work in the Online Bid Worksheet. The following items are required for a bid to be considered complete and shall be uploaded via QuestCDN Online: 1. Completed Proposal Form 2. Five Percent Bid Security 3. Receipt of Addenda (if applicable); must be downloaded to submit bid. 4. Affidavit of Non-Collusion 5. Employment Certificate of Compliance 6. Responsible Contractor Certification Form The Proposal shall be signed in the appropriate places with ink. If the Proposal is made by an individual, his name and post office address shall be shown. If made by a firm or partnership, the name and post office address of each member of the firm or partnership shall be shown. If made by a company or corporation, the Proposal shall identify the name of the state formation of the corporation or business, and names, titles and business addresses of the President, Secretary and Treasurer. All bids from corporations shall bear the official seal of the corporation; if the corporation does not have a corporate seal, the bid must be signed by the president and the treasurer. 6. CONDITIONS IN BIDDER’S PROPOSAL The Bidder shall not stipulate in its Proposal any conditions not provided for on the Proposal Form. 7. INTERPRETATION OF ESTIMATES The award of the Contract shall be made on the basis of the Engineer’s estimate of quantities as shown in the Proposal, but these quantities are not guaranteed to be accurate and are furnished without any liability on the part of the City. Quantities indicated by the Engineer on drawings or elsewhere are estimated only, and Bidders must rely on their own calculations. 144 IB-3 8. DELIVERY OF PROPOSALS Bidders shall submit their Proposal via QuestCDN, if there are any addenda for this project, they must be downloaded in order to submit your electronic bid. This project will be bid using QuestCDN’s on-line bidding tool known as VirtuBidTM (vBidTM). Only bids received through vBidTM will be accepted. See the Project Manual Appendix for instructions on the use of this bidding tool. 9. REJECTION OF BIDS The City reserves the right to reject any and all bids, including without limitation; proposals that show any omission, alteration of form, additions not called for, conditional bids or alternate bids not specified or irregularities of any kind. Proposals in which the prices are obviously unbalanced may be rejected. 10. WITHDRAWAL OF PROPOSALS A Bidder may withdraw its Proposal without prejudice to themselves, provided a written request is filed with the City Clerk before the hour of letting, and such withdrawn Proposal may be modified and resubmitted by the Bidder at any time prior to the hour set for receiving bids. 11. PUBLIC OPENING OF PROPOSALS Proposals will be opened publicly and read aloud in such place as designated at the time and the date set in the “Advertisement for Bids.” Bidders or their authorized agents are invited to be present. 12. EVALUATION OF BIDS The City reserves the right to make inquiries regarding past performance of any Bidder on previous contracts. The object of this review and any other inquiries is to provide the City with the best available information regarding the capabilities of the Bidder to complete the work as specified in the Contract Documents, and to minimize the risk of awarding the Contract to an unqualified Bidder. Bidders are required to submit evidence that they have practical knowledge of the particular work bid upon and that they have the financial resources to complete the proposed work. The City reserves the right to reject any Proposal where there is insufficient or unsatisfactory evidence to demonstrate the Bidder’s ability to perform the work. Failure on the part of any Bidder to have carried out previous contracts satisfactorily, to show adequate experience, or to possess necessary equipment or labor for completion of the work, shall be sufficient cause for disqualification of the Bidder. The City will award the Contract to the Bidder whose bid price, quality and experience best conform to the overall interests of the City. Bids from qualified bidders will be considered as described in the City of Golden Valley General Conditions, Section II.1 CONSIDERATION OF BIDS. The City’s decisions regarding bidder qualifications, contract award and contract amount shall be final. The City has limited financial resources to commit to the project. Accordingly, the project must be accomplished with a minimum of interruption, on time and without cost overruns. The City believes that a contractor with sufficient experience in constructing this kind of specialty work is necessary for this 145 IB-4 complicated project. Therefore, the City will consider the quality and experience of each Bidder in addition to the bid price. 13. DISQUALIFICATION OF BIDDERS More than one Proposal for the same project from an individual firm, partnership, company or corporation under the same or different names will not be considered. Evidence that any Bidder is interested in more than one Proposal for the same work will result in the rejection of all such Proposals. Collusion between Bidders shall be sufficient cause for the rejection of all bids so affected. 14. EQUIPMENT When requested by the City, the Bidder shall furnish a complete statement of the make, size, weight (where weight is one of the specified requirements), condition and previous length of service of all equipment to be used in the proposed work. 15. SUPPLIERS AND SUBCONTRACTORS The Bidder shall provide, within the time requested, a list of all suppliers and subcontractors to be used on the project for approval by the City. All provisions of Item 12 of these instructions shall also apply to subcontractors and suppliers. The Bidder will be notified in writing by the City of disqualification of any supplier or subcontractor. The Bidder will then be given the option to replace the disqualified supplier or subcontractor with an approved supplier or subcontractor or withdraw its bid. No adjustment of bid prices will be allowed for such replacement. 16. FURNISHING OF EVIDENCE OF RESPONSIBILITY When requested by the City, the Bidder and any subcontractors shall furnish a balance sheet dated not more than sixty (60) days prior to date of the opening of the Proposal which shall set forth outstanding assets and liabilities in reasonable detail. The City may also require the Bidder and its subcontractors to furnish a list of work of similar nature performed with dates of completion thereof. The Bidder or subcontractor shall also furnish any other additional information relative to financial responsibility and competence to do the work as may be requested by the City prior to acceptance of any Proposal. 17. REQUIREMENTS OF CONTRACT BOND The successful Bidder, at the time of execution of the Contract, shall furnish and at all times maintain a satisfactory and sufficient bond in the full amount of the Contract as required by law with a corporate surety satisfactory to the City. The form of bond is that required by Statute. Personal sureties will not be approved. 18. FAILURE TO EXECUTE CONTRACTS Failure to furnish the Contract Bond in a sum equal to the amount of the award, or to execute the Contract within ten (10) days as specified, shall be just cause for the annulment of the award and, in the event of the annulment of the award, the amount of the guaranty deposited with the Proposal shall be retained by the City, not as a penalty, but as liquidated damages. 146 IB-5 19. AWARD OF CONTRACT If the Contract is to be awarded, the City Council will award the Contract to the Bidder whose bid is in the best interest of the City. Award will be based on the Base Bid, plus any bid alternates the City may include. 147 Proposal Form PF-1 CITY OF GOLDEN VALLEY, MINNESOTA City Council City of Golden Valley 7800 Golden Valley Road Golden Valley, MN 55427 Council Members: In accordance with the Advertisement for Bids of the City of Golden Valley, inviting proposals in conformity with the plans and specifications on file in the office of the City Engineer, City of Golden Valley, Minnesota, the undersigned hereby certifies that an examination has been made of the Specifications and the Plans, and the site of the work, and hereby proposes to furnish all necessary machinery, equipment, tools, labor and other means of construction and to furnish all materials specified in the manner and at the time prescribed; and understands that the quantities of work shown herein are approximate only and are subject to increase or decrease; and further understands that all quantities of work, whether increased or decreased, are to be performed at the following unit prices: 148 Proposal Form PF-2 City of Golden Valley, Minnesota 2025 Mill & Overlay Project City Project No. 24-07 Bidders must file this proposal by bid opening as required in the Advertisement for Bids. The City reserves the right to require additional information before approving the award of the Contract to a Contractor. This may be done to help qualify subcontractors for bidding to better determine the contractor’s qualifications for bidding the work. The contents of this proposal will be private until the City has completed the selection process. At that time, all information will become public, except information that qualifies as trade secret data under Minnesota Statutes Section 13.37. Accompanying this proposal is the Bid Security, which under the contract documents, is subject to forfeiture in the event of default by the undersigned. In submitting this proposal, the undersigned acknowledges that the City reserves the right to reject any or all proposals and to waive informalities. This proposal may not be withdrawn after the opening of proposals and shall be subject to acceptance by the City for a period of forty-five (45) calendar days from the opening thereof. 149 BIDDING SCHEDULE 2025 Mill & Overlay Project City Project No. 24-07 City of Golden Valley, MN BMI Project No. 25X.138286 BIDDER agrees to perform all of the work described in the CONTRACT DOCUMENTS for the following unit prices: NOTE: BIDS shall include sales tax and all applicable taxes and fees. BIDDER must fill in unit prices in numerals, make extension for each item, and total. CY (LV) = Cubic Yards, Loose Volume ITEM MNDOT APPROX. UNIT NO. SPEC NO. ITEM QUANT. UNIT PRICE AMOUNT BASE BID 1 2021.501 MOBILIZATION 1 LUMP SUM 2 2104.502 REMOVE CATCH BASIN OR MANHOLE 10 EACH 3 2104.503 SAWING BITUMINOUS PAVEMENT 790 LIN FT 4 2104.503 REMOVE CONCRETE CURB AND GUTTER 3260 LIN FT 5 2104.504 REMOVE CONCRETE DRIVEWAY PAVEMENT 660 SQ YD 6 2104.504 REMOVE BITUMINOUS DRIVEWAY PAVEMENT 940 SQ YD 7 2104.518 REMOVE CONCRETE MEDIAN 130 SQ FT 8 2104.518 REMOVE CONCRETE MEDIAN APPROACH NOSE 45 SQ FT 9 2104.518 REMOVE CONCRETE WALK 7000 SQ FT 10 2231.604 PATCH BITUMINOUS STREET 260 SQ YD 11 2231.604 PATCH BITUMINOUS DRIVEWAY 730 SQ YD 12 2232.504 MILL BITUMINOUS SURFACE (2") 41500 SQ YD 13 2357.506 BITUMINOUS MATERIAL FOR TACK COAT 3060 GAL 14 2360.509 TYPE SP 9.5 WEARING COURSE MIXTURE (3,E) 5020 TON 15 2503.602 CONNECT EXISTING PIPE TO NEW STRUCTURE 15 EACH 16 2504.602 ADJUST VALVE BOX 15 EACH 17 2506.502 ADJUST CATCH BASIN CASTING, INCL NEW HDPE ADJ RINGS 51 EACH 18 2506.502 ADJUST MANHOLE CASTING, INCL NEW HDPE ADJ RINGS 44 EACH 19 2506.602 4' DIA STORM SEWER CBMH, INCL CSTG 8 EACH 20 2506.602 4' DIA STORM SEWER CBMH W/ 4' SUMP, INCL CSTG 1 EACH 21 2506.602 4' DIA STORM SEWER MH, INCL CSTG 1 EACH 22 2506.603 MANHOLE REHABILITATION LESS THAN OR EQUAL TO 48" DIAMETER (1" CEMENTITIOUS)28.3 VERT FT 23 2506.603 MANHOLE REHABILITATION GREATER THAN 48" DIAMETER (1" CEMENTITIOUS)11.1 VERT FT 24 2521.618 CONCRETE WALK 7200 SQ FT 25 2531.503 B612 CONCRETE CURB AND GUTTER 40 LIN FT 26 2531.503 B618 CONCRETE CURB AND GUTTER 900 LIN FT ONLY ONE BIDDING SCHEDULE from each BIDDER shall be considered for the project. When more than one BIDDING SCHEDULE from an individual BIDDER is received only the last submittal meeting the bidding requirements shall be considered and all other copies shall be left unopened. PF-3 150 BIDDING SCHEDULE 2025 Mill & Overlay Project City Project No. 24-07 City of Golden Valley, MN BMI Project No. 25X.138286 BIDDER agrees to perform all of the work described in the CONTRACT DOCUMENTS for the following unit prices: NOTE: BIDS shall include sales tax and all applicable taxes and fees. BIDDER must fill in unit prices in numerals, make extension for each item, and total. CY (LV) = Cubic Yards, Loose Volume ITEM MNDOT APPROX. UNIT NO. SPEC NO. ITEM QUANT. UNIT PRICE AMOUNT ONLY ONE BIDDING SCHEDULE from each BIDDER shall be considered for the project. When more than one BIDDING SCHEDULE from an individual BIDDER is received only the last submittal meeting the bidding requirements shall be considered and all other copies shall be left unopened. 27 2531.503 B624 CONCRETE CURB AND GUTTER 1830 LIN FT 28 2531.604 7" THICK CONCRETE COMMERCIAL APRON 610 SQ YD 29 2531.604 CONCRETE H-PATTERN COMMERCIAL CROSS GUTTER DRIVEWAY 470 SQ YD 30 2531.618 4" THICK CONCRETE MEDIAN 130 SQ FT 31 2531.618 CONCRETE MEDIAN APPROACH NOSE 50 SQ FT 32 2531.618 TRUNCATED DOME PANELS 360 SQ FT 33 2563.601 TRAFFIC CONTROL 1 LUMP SUM 34 2563.601 RAILROAD FLAGGING ALLOWANCE 1 LUMP SUM 36 2564.602 SALVAGE AND REINSTALL SIGN AND POST 5 EACH 37 2565.601 REVISE SIGNAL SYSTEM A 1 SYSTEM 38 2565.601 REVISE SIGNAL SYSTEM B 1 SYSTEM 39 2565.602 RIGID PVC LOOP DETECTOR 6'X6' 24 EACH 40 2573.501 STORM DRAIN INLET PROTECTION 64 EACH 41 2574.507 TOPSOIL BORROW (LV) 100 CU YD 42 2575.508 HYDRAULIC MATRIX, TYPE MULCH 1250 SQ YD 43 2575.608 SEED TURFGRASS 60 POUND 46 2582.503 4" SOLID LINE MULTI COMP 19900 LIN FT 47 2582.503 4" DOUBLE SOLID LINE MULTI COMP 3900 LIN FT 48 2582.503 4" BROKE LINE MULTI COMP 1180 LIN FT 49 2582.503 4" DOTTED LINE MULTI COMP 280 LIN FT 50 2582.503 12" SOLID LINE MULTI COMP 210 LIN FT 51 2582.503 24" SOLID LINE MULTI COMP 430 LIN FT 52 2582.518 CROSSWALK MULTI COMP 1940 SQ FT 53 2582.518 CROSSWALK MULTI COMP - SPECIAL 800 SQ FT 54 2582.518 PAVEMENT MESSAGE MULTI COMP 670 SQ FT BASE BID TOTAL BID: $ PF-4 151 BIDDING SCHEDULE 2025 Mill & Overlay Project City Project No. 24-07 City of Golden Valley, MN BMI Project No. 25X.138286 BIDDER agrees to perform all of the work described in the CONTRACT DOCUMENTS for the following unit prices: NOTE: BIDS shall include sales tax and all applicable taxes and fees. BIDDER must fill in unit prices in numerals, make extension for each item, and total. CY (LV) = Cubic Yards, Loose Volume ITEM MNDOT APPROX. UNIT NO. SPEC NO. ITEM QUANT. UNIT PRICE AMOUNT ONLY ONE BIDDING SCHEDULE from each BIDDER shall be considered for the project. When more than one BIDDING SCHEDULE from an individual BIDDER is received only the last submittal meeting the bidding requirements shall be considered and all other copies shall be left unopened. ALTERNATE 1 55 2104.503 SAWING BITUMINOUS PAVEMENT 60 LIN FT 56 2104.503 REMOVE CONCRETE CURB AND GUTTER 370 LIN FT 57 2104.504 REMOVE CONCRETE DRIVEWAY PAVEMENT 80 SQ YD 58 2104.504 REMOVE BITUMINOUS DRIVEWAY PAVEMENT 100 SQ YD 59 2104.518 REMOVE CONCRETE MEDIAN 150 SQ FT 60 2104.518 REMOVE CONCRETE MEDIAN APPROACH NOSE 25 SQ FT 61 2104.518 REMOVE CONCRETE WALK 970 SQ FT 62 2231.604 PATCH BITUMINOUS STREET 50 SQ YD 63 2231.604 PATCH BITUMINOUS DRIVEWAY 20 SQ YD 64 2232.504 MILL BITUMINOUS SURFACE (2") 5800 SQ YD 65 2357.506 BITUMINOUS MATERIAL FOR TACK COAT 430 GAL 66 2360.509 TYPE SP 9.5 WEARING COURSE MIXTURE (3,E) 710 TON 67 2504.602 ADJUST VALVE BOX 4 EACH 68 2506.502 ADJUST CATCH BASIN CASTING, INCL NEW HDPE ADJ RINGS 16 EACH 69 2506.502 ADJUST MANHOLE CASTING, INCL NEW HDPE ADJ RINGS 3 EACH 70 2521.618 CONCRETE WALK 970 SQ FT 71 2531.503 B612 CONCRETE CURB AND GUTTER 130 LIN FT 72 2531.503 B624 CONCRETE CURB AND GUTTER 100 LIN FT 73 2531.604 7" THICK CONCRETE COMMERCIAL APRON 150 SQ YD 74 2531.618 4" THICK CONCRETE MEDIAN 150 SQ FT 75 2531.618 CONCRETE MEDIAN APPROACH NOSE 25 SQ FT 76 2531.618 TRUNCATED DOME PANELS 30 SQ FT 78 2564.602 SALVAGE AND REINSTALL SIGN AND POST 2 EACH 79 2573.501 STORM DRAIN INLET PROTECTION 20 EACH 80 2574.507 TOPSOIL BORROW (LV) 10 CU YD 81 2575.508 HYDRAULIC MATRIX, TYPE MULCH 110 SQ YD PF-5 152 BIDDING SCHEDULE 2025 Mill & Overlay Project City Project No. 24-07 City of Golden Valley, MN BMI Project No. 25X.138286 BIDDER agrees to perform all of the work described in the CONTRACT DOCUMENTS for the following unit prices: NOTE: BIDS shall include sales tax and all applicable taxes and fees. BIDDER must fill in unit prices in numerals, make extension for each item, and total. CY (LV) = Cubic Yards, Loose Volume ITEM MNDOT APPROX. UNIT NO. SPEC NO. ITEM QUANT. UNIT PRICE AMOUNT ONLY ONE BIDDING SCHEDULE from each BIDDER shall be considered for the project. When more than one BIDDING SCHEDULE from an individual BIDDER is received only the last submittal meeting the bidding requirements shall be considered and all other copies shall be left unopened. 82 2575.608 SEED TURFGRASS 10 POUND 85 2582.503 4" SOLID LINE MULTI COMP 1160 LIN FT 86 2582.503 4" BROKE LINE MULTI COMP 240 LIN FT 87 2582.518 CROSSWALK MULTI COMP 100 SQ FT 88 2582.518 PAVEMENT MESSAGE MULTI COMP 220 SQ FT ADD ALTERNATE 1 TOTAL BID: $ 89 2104.503 SAWING BITUMINOUS PAVEMENT 140 LIN FT 90 2104.503 REMOVE CONCRETE CURB AND GUTTER 160 LIN FT 91 2104.504 REMOVE BITUMINOUS DRIVEWAY PAVEMENT 20 SQ YD 92 2104.504 REMOVE BITUMINOUS TRAIL PAVEMENT 40 SQ YD 93 2231.604 PATCH BITUMINOUS STREET 20 SQ YD 94 2231.604 PATCH BITUMINOUS DRIVEWAY 20 SQ YD 95 2231.604 PATCH BITUMINOUS TRAIL 40 SQ YD 96 2232.504 MILL BITUMINOUS SURFACE (2") 4900 SQ YD 97 2357.506 BITUMINOUS MATERIAL FOR TACK COAT 370 GAL 98 2360.509 TYPE SP 9.5 WEARING COURSE MIXTURE (3,E) 600 TON 99 2504.602 ADJUST VALVE BOX 2 EACH 100 2506.502 ADJUST CATCH BASIN CASTING, INCL NEW HDPE ADJ RINGS 2 EACH 101 2506.502 ADJUST MANHOLE CASTING, INCL NEW HDPE ADJ RINGS 4 EACH 102 2531.503 B624 CONCRETE CURB AND GUTTER 140 LIN FT 104 2573.501 STORM DRAIN INLET PROTECTION 2 EACH 105 2574.507 TOPSOIL BORROW (LV) 10 CU YD 106 2575.508 HYDRAULIC MATRIX, TYPE MULCH 20 SQ YD 107 2575.608 SEED TURFGRASS 10 POUND 110 2582.503 4" SOLID LINE MULTI COMP 2390 LIN FT ALTERNATE 2 PF-6 153 BIDDING SCHEDULE 2025 Mill & Overlay Project City Project No. 24-07 City of Golden Valley, MN BMI Project No. 25X.138286 BIDDER agrees to perform all of the work described in the CONTRACT DOCUMENTS for the following unit prices: NOTE: BIDS shall include sales tax and all applicable taxes and fees. BIDDER must fill in unit prices in numerals, make extension for each item, and total. CY (LV) = Cubic Yards, Loose Volume ITEM MNDOT APPROX. UNIT NO. SPEC NO. ITEM QUANT. UNIT PRICE AMOUNT ONLY ONE BIDDING SCHEDULE from each BIDDER shall be considered for the project. When more than one BIDDING SCHEDULE from an individual BIDDER is received only the last submittal meeting the bidding requirements shall be considered and all other copies shall be left unopened. 111 2582.503 4" DOUBLE SOLID LINE MULTI COMP 1640 LIN FT 112 2582.518 12" SOLID LINE MULTI COMP 240 LIN FT 113 2582.518 PAVEMENT MESSAGE MULTI COMP 80 SQ FT ADD ALTERNATE 2 TOTAL BID: $ TOTAL AMOUNT BID (BASE + ALTERNATE 1 + ALTERNATE 2): $ PF-7 154 Proposal Form PF-8 If Bidder is a corporation or company, provide the State of incorporation: If Bidder is a partnership, state full name of all co-partners: Proposal Submitted by (please print): Company Name Phone Number Address Email Name Title Signature Date 155 Rev. 02/11 AN-C-1 AFFIDAVIT AND INFORMATION REQUIRED OF BIDDERS AFFIDAVIT OF NON-COLLUSION: I hereby swear or affirm under penalty of perjury: 1. That I am the Bidder (if the bidder is an individual), a partner in the Bidder (if the Bidder is a partnership), or an officer or employee of the bidding corporation or company having authority to sign on its behalf (if the Bidder is a corporation or company). 2. That the attached bid or bids have been arrived at by the Bidder independently, and have been submitted without collusion and without any agreement, understanding, or planned common course of action with any other vendor of materials, supplies, equipment or services described in the invitation to bid, designed to limit independent bidding or competition. 3. That the contents of the Bid or Bids have not been communicated by the Bidder or its employees or agents to any person not an employee or agent of the Bidder or its surety on any bond furnished with the Bid or Bids, and will not be communicated to any such person prior to the official opening of the Bid or Bids; and 4. That I have fully informed myself regarding the accuracy of the statements made in this affidavit. Signature Firm Name Subscribed and sworn to before me on this _____ day of , 20__. Notary Public. My Commission expires: Bidder Employee Identification Number: (Number used on Employer Quarterly Federal Tax Return, U.S. Treasury Department Form No.941) 156 CC-1 EMPLOYMENT CERTIFICATE OF COMPLIANCE I hereby certify that ____________________ (“Bidder”) is in compliance with Minnesota Statutes Section 363 as amended and (check one of the two below, as applicable): ________________ Has a certificate of compliance issued by the Department of Human Rights. ________________ Has applied for a certificate of compliance to the Commissioner of Human Rights, which is pending. I also certify that Bidder, and all of its subcontractors, are in compliance as applicable, with Federal Executive Order 11246, September 24, 1965 as amended by Executive Order 11375, October 13, 1967 and U.S. Department of Labor Regulations (41 CFR Part 60), and will not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. I also certify that Bidder, and all of its subcontractors, shall take affirmative action to ensure that applicants fo r employment are employed, and that employees are treated during employment, without regard to their race, color, religion, sex, or national origin. Such action includes, and is not limited to, the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; and layoff or training, including apprenticeship. Bidder and its subcontractors have posted approved notices setting forth the provisions of this nondiscrimination clause in a place visible to employees and applicants for employment. Bidder and its subcontractors also assure that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex or national origin. Bidder, and all of its subcontractors, shall, upon request, provide access to the City, the State of Minnesota, the Comptroller General of the United States, or any of their duly authorized representatives, any books, documents, papers, and records which are directly pertinent to this contract for the purpose of conducting an audit, examination, excerpts, and transcriptions. Bidder, and all of its subcontractors, shall retain all required records for three (3) years after final payment and all other pending matters are closed on this project. Signature of Bidder Title Name of Company , 20__ Date 157 9-1 CITY OF GOLDEN VALLEY RESPONSIBLE CONTRACTOR CERTIFICATE Applies to all prime contracts in excess of $50,000 A responsible contractor is defined in Minnesota Statutes §16C.285, subdivision 3. Any prime contractor or subcontractor who does not meet the minimum criteria under Minnesota Statutes §16C.285, subdivision 3, or who fails to verify that it meets those criteria, is not a responsible contractor and is not eligible to be awarded a construction contract for the project or to perform work on the project. A false statement under oath verifying compliance with any of the minimum criteria shall render the prime contractor or subcontractor that makes the false statement ineligible to be awarded a construction contract for the project and may result in terminat ion of a contract awarded to a prime contractor or subcontractor that makes a false statement. Before execution of a construction contract, a prime contractor shall submit a verification under oath confirming that all subcontractors that the prime contractor intends to use to perform the project work have verified to the prime contractor, through a signed statement under oath by an owner or officer, that they meet the minimum criteria for a responsible contract. By signing this statement, I, _________________________________________________ (typed or printed name), _____________________________________ (title) certify that I am an owner or officer of the company and do verify under oath that my company is in compliance with each of the minimum criteria listed in the law. ______________________________________________________________________ (name of the person, partnership or corporation submitting this proposal) ______________________________________________________________________ (business address) Signed: ____________________________________ _____________________ (bidder or authorized representative) Date 158 FC - 1 CONTRACT NO. 24-07 AGREEMENT FOR THE 2025 MILL & OVERLAY PROJECT PROJECT NO. 24-07 THIS AGREEMENT (this “Agreement”), entered into the ____ day of ________________, 20__ between the City of Golden Valley (the “City”), a municipal corporation, existing under the laws of the State of Minnesota, and , a , under the laws of (“Contractor”). ARTICLE 1. The Contract Documents. The Contract Documents consist of: this Agreement, the Proposal and Bid of the Contractor, the Contractor’s Bonds, the General Conditions, Special Conditions and any supplementary conditions, drawings, plans, Specifications, addenda issued prior to execution of this Agreement, other documents listed herein or in any of the foregoing documents, and Modifications of the same issued after execution of this Agreement (collectively the “Contract” or “Contract Documents”). A Modification is (1) a written amendment to the Contract signed by both parties, (2) a Change Order, (3) a Construction Change Directive, or (4) a written order for a minor change in the Work issued by the Engineer. 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: 1. Modifications to the Contract 2. This Agreement 3. Special Conditions 4. General Conditions 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. ARTICLE 2. The Work. Contractor, for good and valuable consideration the sufficiency of which is hereby acknowledged, covenants and agrees to furnish all materials, all necessary tools and equipment, and to do and perform all work and labor necessary for 2025 Mill & Overlay Project (24-07) (the “Project”) according to the Plans and Specifications and all of the Contract Documents. Contractor shall commence and conclude the Work in accordance with the Contract Documents. Time is of the essence in this Agreement. Accordingly, Contractor shall complete the Work in accordance with the time schedule for commencement and completion of the Work set forth in the Contract Documents. Contractor shall complete the Work in every respect to the satisfaction and approval of the City. 159 FC - 2 ARTICLE 3. Contract Price. The City shall pay the Contractor the Contract Price in current funds for the Contractor’s performance of the Contract. The Contract Price shall be $____________, subject to additions and deductions as provided in the Contract Documents. Installment payments, if any, on account of the Work shall be made in accordance with the provisions of the General Conditions. Final payment shall be due and payable on or before thirty-five (35) days after issuance of a Certificate of Final Completion issued by the City Engineer confirming that the Work has been fully completed and Contractor’s obligations fully performed by Contractor. ARTICLE 4. Contractor’s Bonds. Contractor shall make, execute and deliver to the City corporate surety bonds in a form approved by the City, in the sum of $__________ 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. ARTICLE 5. Acceptance of the Work. The City, through its authorized agents, shall be the sole and final judge of the fitness of the Work and its acceptability. ARTICLE 6. Records. Contractor shall keep as complete, exact and accurate an account of the labor and materials used in the execution of the Work as is possible, and shall submit and make this information available as maybe requested by the City. ARTICLE 7. Payment. All payments to Contractor shall be made payable to the order of ____________________, and the City does not assume and shall not have any responsibility for the allocation of payments or obligations of the Contractor to third parties. ARTICLE 8. Cancellation Prior to Execution. The City reserves the right, without liability, to cancel the award of the Contract at any time before the execution of the Contract by all parties. ARTICLE 9. Termination. The City may by written notice terminate the Contract, or any portion thereof, when (1) it is deemed in the best public, state or national interest to do so; (2) the City is unable to adequately fund payment for the Contract because of changes in state fiscal policy, regulations or law; or (3) after finding that, for reasons beyond Contractor’s control, Contractor is prevented from proceeding with or completing the Work within a reasonable time. In the event that any Work is terminated under the provisions hereof, all completed items or units of Work will be paid for at Contract Bid Prices. Payment for partially completed items or units of Work will be made in accordance with the Contract Documents. 160 FC - 3 Termination of the Contract or any portion thereof shall not relieve Contractor of responsibility for the completed Work, nor shall it relieve Contractor’s Sureties of their obligations for and concerning any just claims arising out of the Work. ARTICLE 10. 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, 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 M innesota Human Rights Act, Minnesota Statutes, Chapter 363A. Contractor agrees to hold harmless and indemnify the City from costs, including but not limited to damages, attorneys’ fees and staff time, in any action or proceeding brought alleging a violation of these laws by Contractor or its guests, invitees, members, officers, officials, agents, employees, volunteers, representatives and subcontractors. Upon request, Contractor shall provide accommodation to allow individuals with disabilities to participate in all 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. IN WITNESS WHEREOF, both parties hereto have caused this Contract to be signed on their respective behalves by their duly authorized offices and their corporate seals to be hereunto affixed the day and year first above written. THE CITY OF GOLDEN VALLEY, MINNESOTA BY Roslyn Harmon, Mayor BY Noah Schuchman, City Manager CONTRACTOR BY ITS 161 GC - i GENERAL CONDITIONS INDEX Page SECTION I - GENERAL .................................................................................................. 1 DEFINITIONS ................................................................................................. 1 FAMILIARITY WITH LAWS AND ORDINANCES ........................................... 3 SECTION II - AWARD AND EXECUTION OF THE CONTRACT ................................... 3 CONSIDERATION OF PROPOSALS ............................................................. 3 EXECUTION OF CONTRACT ........................................................................ 4 FAILURE TO EXECUTE CONTRACTS .......................................................... 4 SECTION III - SCOPE OF WORK................................................................................... 4 INTENT OF PLANS AND SPECIFICATIONS ................................................. 4 INCREASED OR DECREASED QUANTITIES OF WORK ............................. 4 CHANGES IN THE WORK .............................................................................. 5 UNCLASSIFIED WORK .................................................................................. 6 CONSTRUCTION CHANGE DIRECTIVES ..................................................... 7 FINAL CLEAN-UP ........................................................................................... 7 SECTION IV - CONTROL OF WORK ............................................................................. 8 AUTHORITY OF ENGINEER .......................................................................... 8 CONFORMITY WITH PLANS AND ALLOWABLE DEVIATIONS ................... 8 COORDINATION OF PLANS AND SPECIFICATIONS .................................. 8 COOPERATION BY CONTRACTOR .............................................................. 8 CARE AND PROTECTION OF WORK AND MATERIALS ............................. 9 AUTHORITY AND DUTY OF INSPECTOR .................................................... 9 INSPECTION ................................................................................................ 10 UNAUTHORIZED WORK .............................................................................. 10 DEFECTIVE WORK ...................................................................................... 10 FINAL INSPECTION ..................................................................................... 11 GUARANTEE ................................................................................................ 11 FOSSILS ....................................................................................................... 12 SECTION V - CONTROL OF MATERIALS ................................................................... 12 SOURCE AND QUALITY OF MATERIALS ................................................... 12 STANDARD STOCK PRODUCTS ................................................................ 12 TESTS OF MATERIALS ............................................................................... 12 162 GC - ii STORAGE ..................................................................................................... 13 DEFECTIVE MATERIALS ............................................................................. 13 FAILURE TO REMOVE DEFECTIVE MATERIALS ...................................... 13 SECTION VI - LEGAL RELATIONS AND RESPONSIBILITY TO PUBLIC ................... 13 LAWS TO BE OBSERVED ........................................................................... 13 PERMITS AND LICENSES ........................................................................... 14 PATENTED DEVICES, MATERIALS AND PROCESSES ............................ 14 SANITARY PROVISIONS ............................................................................. 14 PUBLIC CONVENIENCE AND SAFETY, BARRICADES, LIGHTS AND WARNING SIGNALS .................................................................................... 15 MAINTENANCE OF DRAINAGE AND ACCESS TO MUNICIPAL AND PRIVATE UTILITIES ..................................................................................... 15 SITES TO BE KEPT CLEAN ......................................................................... 16 NOISE ELIMINATION ................................................................................... 16 USE OF EXPLOSIVES ................................................................................. 16 PROTECTION AND RESTORATION OF PROPERTY ................................. 16 EXISTING SURFACE, OVERHEAD AND UNDERGROUND STRUCTURES 17 MAINTENANCE OF SERVICE IN EXISTING STRUCTURES ...................... 18 RAILWAY AND HIGHWAY CROSSINGS ..................................................... 18 RESPONSIBILITY FOR LABOR, MATERIAL, EQUIPMENT AND DAMAGE CLAIM ........................................................................................................... 19 CONTRACTOR'S RESPONSIBILITY FOR WORK ....................................... 19 SAFETY PRECAUTIONS AND ACCIDENT PREVENTION ......................... 19 REQUIREMENTS OF CONTRACT BOND ................................................... 20 PUBLIC LIABILITY AND PROPERTY DAMAGE INSURANCE .................... 20 WORKER'S COMPENSATION INSURANCE ............................................... 22 COMPLIANCE WITH EXISTING CONTRACTS BETWEEN THE ................. 22 SECTION VII - PROSECUTION AND PROGRESS ...................................................... 22 SUBLETTING OR ASSIGNMENT OF CONTRACT ...................................... 22 PROSECUTION OF WORK .......................................................................... 22 LIMITATIONS OF OPERATIONS ................................................................. 23 CHARACTER OF WORKERS AND EQUIPMENT ........................................ 23 CONTRACTOR'S RIGHT TO REQUEST CHANGES ................................... 24 TEMPORARY SUSPENSION OF WORK ..................................................... 24 SUBSTANTIAL COMPLETION ..................................................................... 24 163 GC - iii DETERMINATION AND EXTENSION OF CONTRACT TIME FOR COMPLETION .............................................................................................. 25 FAILURE TO COMPLETE WORK ON TIME ................................................ 26 RIGHT OF THE CITY TO DECLARE CONTRACTOR IN DEFAULT ............ 26 COMPLETION OF THE WORK AFTER DEFAULT ...................................... 27 PARTIAL DEFAULT ...................................................................................... 28 TERMINATION OF CONTRACTOR'S RESPONSIBILITY ............................ 28 SECTION VIII - MEASUREMENT AND PAYMENT ...................................................... 28 MEASUREMENT OF QUANTITIES .............................................................. 28 SCOPE OF PAYMENT ................................................................................. 29 WORK COVERED BY CONTRACT PRICE .................................................. 29 BASIS OF PAYMENT ................................................................................... 29 PAYMENTS FOR INCREASED OR DECREASED QUANTITIES ................ 29 PAYMENT FOR SURPLUS MATERIALS ..................................................... 30 CLAIMS AND PROTESTS ............................................................................ 30 PAYMENT FOR UNCLASSIFIED AND FORCE ACCOUNT WORK ............ 32 PARTIAL PAYMENTS .................................................................................. 33 FINAL PAYMENT .......................................................................................... 34 CERTIFICATE OF COMPLIANCE OF MINNESOTA WITHHOLDING TAX .. 34 SECTION IX - MISCELLANEOUS PROVISIONS ......................................................... 34 NONDISCRIMINATION................................................................................. 35 GOVERNMENT DATA. ................................................................................. 35 VENUE AND FORUM. .................................................................................. 35 COUNTERPARTS. ....................................................................................... 35 ELECTRONIC SIGNATURES. ...................................................................... 36 NOTICES. ..................................................................................................... 36 SEVERABILITY ............................................................................................. 36 NO WAIVER OF LEGAL RIGHTS ................................................................. 36 164 GC - 1 GENERAL CONDITIONS CITY OF GOLDEN VALLEY SECTION I - GENERAL DEFINITIONS When used in the Contract Documents, the intent and meaning of the below listed terms shall be as follows: A. "A.S.T.M." means the American Society for Testing Materials. B. "Bidder" means any individual, firm or corporation submitting a Proposal for the Work contemplated, acting directly or through a duly authorized representative. C. "City" means the City of Golden Valley, Minnesota. D. "Contract" means the entire agreement covering the performance of the Work and the furnishing of materials in the construction. E. "Contractor" means the individual, firm, partnership, corporation or company with which the City contracts and unless otherwise specified, includes subcontractors of Contractor. F. "Contract Bond" means collectively the approved forms of security furnished by Contractor and Contractor's Surety or Sureties as a guarantee of good faith on the part of Contractor to execute and pay for the Work in accordance with the terms of the Contract. G. "Contract Price" means the total amount payable by the City to Contractor, including authorized adjustments, for the performance of the Work under the Contract Documents and is stated in the Agreement. H. "Contract Time" means the period of time, including authorized adjustments, allotted in the Contract Documents for Final Completion of the Work. I. "Engineer" means the City Engineer, or her/his designee. J. "Final Completion" means the stage of construction following Substantial Completion when the Contractor has completed all written corrective measures for damaged or defective Work as determined by the Engineer, and has provided 165 GC - 2 all documents required for close out of the Contract as discussed within the Contract Documents. K. "Force Account" means the payment method used for extra work if Contractor and the Engineer are unable to negotiate prices for revised Work. L. "Force Account Work" means work completed on a Force Account basis. M. "Inspector" means an authorized representative of the Engineer, assigned to make any or all necessary inspections of the Work performed and the materials furnished by Contractor. N. "Laboratory" means the testing laboratory that shall be approved by the Engineer to inspect and determine the suitability of materials. O. "Plans" means all approved drawings or reproductions of drawings pertaining to the construction of the Work and appurtenances. P. "Proposal" means the proposal for the Work submitted by the Bidder on the Proposal Form. Q. "Proposal Form" means the approved form on which the Bidder submits its Proposal for the Work contemplated. The Proposal may also be referred to as the bid. R. "Proposal Guarantee" means the security designated in the Proposal to be furnished by the Bidder as a guarantee of good faith to enter into a contract with the City if the Work is awarded to the Bidder. S. "Specifications" means the directions, provisions and requirements contained in the Contract Documents, together with all written agreements made or to be made, pertaining to the method and manner of performing the Work, or to the quantities and qualities of materials to be furnished under the Contract Documents. T. "Substantial Completion" is the stage in the progress of the Work when the Work or a designated portion thereof is sufficiently complete in accordance with the Contract Documents so that the City can occupy or use the Work for its intended purpose. For the avoidance of doubt, unless otherwise agreed, Substantial Completion requires all of the following to be complete: all utility and storm sewer installation (except as noted below), placement of the base course and wear course of bituminous, sidewalk and pedestrian ramps, curb and gutter, driveway pavement, signage, sod, seed, pavement markings and project cleanup. Sanitary sewer lining and wye grouting or wye lining need not be complete to achieve 166 GC - 3 Substantial Completion; however, all work related to these items shall be completed prior to Final Completion. U. "Surety" is the individual or corporate surety that is bound with and for Contractor for the acceptable performance of the Contract and for its payment of all obligations pertaining to the Work. V. "Unclassified Work" means all work and materials that are not included under any items in the Proposal and Contract, for which a unit price has been submitted. W. The "Work" means the construction and services required by the Contract Documents, whether completed or partially completed, and includes all other labor, materials, equipment, and services provided or to be provided by Contractor to fulfill Contractor's obligations. The Work may constitute the whole or a part of the Project. X. Meaning of expressions - In order to avoid cumbersome and confusing repetition of expressions in these Specifications, whenever it is provided that anything is, or is to be done or is, "contemplated," "required," "directed," "specified," "authorized," "ordered," "given," "designated," "indicated," "considered necessary," "permitted," "suspended," "approved," "acceptable," "unacceptable," "suitable," "unsuitable," "satisfactory," "unsatisfactory," or "sufficient," it shall be taken to mean and intend by or to the Engineer. FAMILIARITY WITH LAWS AND ORDINANCES Contractor is assumed to have made itself familiar with all laws, ordinances and regulations which in any manner affect those engaged or employed in the Work, or the materials or equipment used in or upon the improvement, or in any way affect the conduct of the Work. No plea of misunderstanding will be considered on account of the ignorance thereof. The provisions of such laws or ordinances are deemed to be a part of these Specifications, and Contractor shall be bound by the provisions thereof. SECTION II - AWARD AND EXECUTION OF THE CONTRACT CONSIDERATION OF PROPOSALS Comparison of proposals will be based on the correct summation of item totals, obtained from the Proposal Form. In the case of errors on a Proposal Form, the unit price shall be used to determine the correct total for a bid item. The City reserves the right to award any or all alternate bid items, or any combination thereof, in the best interest of the City. The City reserves the right to reject any or all Proposals and to waive defects or technicalities as it may deem in the best interest of the City. 167 GC - 4 EXECUTION OF CONTRACT The individual, firm, partnership, corporation or company to which the Contract has been awarded shall sign the necessary agreements, enter into a contract with the City, and shall return all necessary documents to the office of the City Clerk of Golden Valley within ten (10) days after it has received notice of award. FAILURE TO EXECUTE CONTRACTS Failure to furnish the Contract Bonds in the sum equal to the amount of the award, or to execute the Contract within ten (10) days as specified, shall be just cause for annulment of the award. It shall be understood by the Bidder that, in the event of annulment of the award, the amount of the Proposal Guarantee deposited with the Proposal shall be retained by the City, not as a penalty, but as liquidated damages to compensate the City for additional costs and expenses. SECTION III - SCOPE OF WORK INTENT OF PLANS AND SPECIFICATIONS The intent of the Plans and Specifications is to prescribe the complete Work or improvement that Contractor undertakes to do. The Plans and Specifications shall be read and interpreted in conjunction with the Contract Documents. Unless otherwise provided, it is understood that Contractor shall furnish all labor, material, equipment, tools, transportation, necessary supplies and incidentals as may reasonably be required to complete the Work in accordance with the Plans, Specifications and other Contract Documents. The approved Plans are on file in the office of the City Clerk, City of Golden Valley, Golden Valley City Hall, 7800 Golden Valley Road, Golden Valley, Minnesota 55427, and show the location, details and dimensions of the Work. Any deviations from the Contract Documents as may be required during construction shall, in all cases, be determined by the Engineer and authorized in writing by the Engineer before such deviations are consummated. The City may attach addenda to these Specifications, to be filed with such Specifications and incorporated as part thereof, at the office of the City Clerk of Golden Valley. Bidders shall be responsible to examine such Specifications as are on file for addenda before submitting Proposals. INCREASED OR DECREASED QUANTITIES OF WORK The Engineer shall have the sole right to increase or decrease any or all of the items specified in the Contract Documents, including the elimination of any one or more 168 GC - 5 items. Such changes shall not invalidate the Contract. If quantities originally contemplated are materially changed, Contractor shall request a cost adjustment in writing in compliance with the Change Order requirements set forth in Section 3 herein. Approval of any such cost adjustment shall be at the sole discretion of the Engineer and the Engineer’s decision shall be final on any and all matters concerning cost adjustment. No payment for changed items shall be made to Contractor until both parties have signed the Change Order. Except in the case of minor changes in the Work approved or ordered by the Engineer in accordance with Section III (3)(D), or ordered by the Engineer in accordance with Section III (3)(C), Contractor may make substitutions only with the consent of the City, after evaluation and written approval by the Engineer and in accordance with a Change Order. CHANGES IN THE WORK A. GENERAL Changes in the Work may be accomplished after execution of the Contract, and without invalidating the Contract, by Change Order, Construction Change Directive or order for a minor change in the Work, subject to the limitations stated in this Section and elsewhere in the Contract Documents. A Change Order shall be based upon agreement between the City and Contractor. A Construction Change Directive may be issued by the Engineer and may or may not be agreed to by Contractor. An order for a minor change in the Work may be issued by the Engineer alone and shall not involve a change in the Contract Price or Contract Time. Changes in the Work shall be performed under applicable provisions of the Contract Documents. Contractor shall proceed promptly with changes in the Work, unless otherwise provided in the Change Order, Construction Change Directive, or order for a minor change in the Work. B. CHANGE ORDERS A Change Order is a written instrument prepared by the Engineer and signed by the City and Contractor stating their agreement upon all of the following: i) The change in the Work; ii) The amount of the adjustment, if any, in the Contract Price; and iii) The extent of the adjustment, if any, in the Contract Time. C. MINOR ALTERATIONS OF PLANS OR CHARACTER OF WORK The Engineer may order minor changes in the Work that are consistent with the intent of the Contract Documents and do not involve an adjustment in the Contract Price or Contract Time. The Engineer’s order for minor changes shall be made in writing. If Contractor believes that the proposed minor change in the Work will affect the Contract Price or Contract Time, Contractor shall notify the Engineer and shall 169 GC - 6 not proceed to implement the change in the Work. If Contractor performs the Work set forth in the Engineer’s order for a minor change without prior notice to the Engineer that such change will affect the Contract Price or Contract Time, Contractor waives any adjustment to the Contract Price or extension of the Contract Time. D. ELIMINATION OF WORK Should the City eliminate any Contract items from the Contract, delete any Work, or order termination on a Contract item before completion of that unit, Contractor shall be reimbursed for all costs incurred prior to notification that are not the result of unauthorized work. Compensation will be made on the following basis: i) Accepted quantities of Work completed in accordance with the Contract will be paid for at the Contract prices. ii) For materials that have been ordered but not incorporated in the Work, reimbursement will be made in accordance with the procedure set out for Surplus Material. iii) For partially completed items, accepted Work shall be paid for on the basis of a percentage of the Contract bid price equal to the percentage of actual accomplishment toward completion of the item. In arriving at this percentage, the value of materials incorporated in the partially completed items will be considered to be the actual purchase price of the materials, plus transportation costs, to which will be added fifteen percent (15%) of the sum thereof. Contractor shall also be reimbursed for such actual expenditures for equipment, mobilization, and overhead as the City considers directly attributable to the eliminated work and that are not recovered as part of the direct payment for the Work. Payment for completed Work at the Contract prices and for partially completed Work and materials in accordance with the above provisions, together with such other allowances as are made for fixed costs, shall constitute final and full compensation for the Work related to those Contract items that have been partially or totally eliminated from the Contract. UNCLASSIFIED WORK All work and materials that are not included under any items in the Proposal or Contract Documents and for which a unit price has been submitted, shall be designated as Unclassified Work. Before any Unclassified Work is performed, the Engineer shall submit to Contractor for its acceptance, a Change Order stating the location, nature, estimate of quantities, and basis of payment of work to be performed. When this Change Order has been signed by both parties, it shall become part of the Contract. 170 GC - 7 Any Change Order shall stipulate a unit price or lump sum for the performance of work. Where a change in the Contract Price or Contract Time cannot be agreed upon, the Unclassified Work shall be completed pursuant to a Construction Change Directive and payment shall be made on a Force Account basis. CONSTRUCTION CHANGE DIRECTIVES A Construction Change Directive is a written order prepared by the Engineer directing a change in the Work prior to agreement on adjustment, if any, in the Contract Price or Contract Time, or both. The City may by Construction Change Directive, without invalidating the Contract, order changes in the Work within the general scope of the Contract consisting of additions, deletions, or other revisions, the Contract Price and Contract Time being adjusted accordingly. A Construction Change Directive shall be used in the absence of total agreement on the terms of a Change Order. If the Construction Change Directive provides for an adjustment to the Contract Price, the adjustment shall be made as provided in Section VIII below. If Contractor disagrees with the adjustment in the Contract Price or Contract Time, Contractor may make a Claim in accordance with applicable provisions of Section VIII(6). Upon receipt of a Construction Change Directive, Contractor shall promptly proceed with the change in the Work involved and advise the Engineer of Contractor’s agreement or disagreement with the method, if any, provided in the Construction Change Directive for determining the proposed adjustment in the Contract Price or Contract Time. When the City and Contractor agree with a determination made by the Engineer concerning the adjustments in the Contract Price and Contract Time, or otherwise reach agreement upon the adjustments, such agreement shall be effective immediately and the Engineer shall prepare a Change Order. Change Orders may be issued for all or any part of a Construction Change Directive. A Construction Change Directive signed by Contractor indicates Contractor’s agreement therewith, including adjustment in Contract Price and Contract Time or the method for determining them. Such agreement shall be effective immediately and shall be recorded as a Change Order. FINAL CLEAN-UP Upon completion of the Work and before acceptance, issuance of the Certificate of Final Completion and final payment, Contractor shall remove from the street and adjacent property, all surplus and discarded materials, equipment, rubbish and temporary structures; restore in an acceptable manner all property, both public and private, which has been damaged during the prosecution of the Work; and shall leave the site in a neat and presentable condition subject to the approval of the Engineer. 171 GC - 8 SECTION IV - CONTROL OF WORK AUTHORITY OF ENGINEER The Engineer shall decide any and all questions which may arise as to (1) the quality and acceptability of materials furnished and Work performed; (2) the manner of performance and rate of progress of the Work; (3) the interpretation of the Plans and Specifications; (4) the acceptable fulfillment of the Contract on the part of Contractor; and (5) the amount and quantity of the several kinds of Work performed and materials furnished under the Contract. CONFORMITY WITH PLANS AND ALLOWABLE DEVIATIONS No deviations from the Plans or the approved working drawings shall be permitted without the written approval of the Engineer. COORDINATION OF PLANS AND SPECIFICATIONS Contractor shall take no advantage of any apparent error or omission in the Plans or Specifications, and the Engineer shall be permitted to make such corrections and interpretations as may be deemed necessary for the fulfillment of the Plans and Specifications. Any work not specified herein or in the Plans, but which may be fairly implied or understood as included in the Contract, shall be completed by Contractor without extra charge. Any ambiguity or discrepancy in the Plans or Specifications shall be adjusted by using the best class of work or materials. In the case of any discrepancy between the scale and figures in the Plans, drawings, etc., the figured dimensions shall govern. In the case of any discrepancy between the quantities shown in the Proposal and those shown in the Plans, the Plans shall prevail. In case any other discrepancy occurs between the Plans and the Specifications, the decision of the Engineer shall be decisive thereon. COOPERATION BY CONTRACTOR The City shall supply Contractor with five copies of the Plans and Specifications. Contractor shall have said Plans and Specifications available at the Project at all times during the prosecution of the Work. Contractor shall give the Work its constant attention to facilitate progress and shall cooperate with the Engineer in setting and preserving stakes, benchmarks, etc., and in all other things that are necessary for satisfactory completion of the Work. Contractor shall have a competent and reliable superintendent acting as Contractor’s representative on the job at all times. This representative shall supervise all of Contractor’s workforce, including its subcontractors, during all phases and in all aspects of the Work. All orders from the Engineer shall be directed through the superintendent. 172 GC - 9 Contractor shall provide a list, as deemed necessary by the Engineer, of emergency contacts, including names and 24-hour telephone numbers, to the City. CARE AND PROTECTION OF WORK AND MATERIALS From the commencement of the Work until the final acceptance of the same, Contractor shall be solely responsible for the care of the Work and for the materials delivered to the site and intended to be used in the Work. All injury or damage to the same from whatever cause, shall be made good at Contractor’s expense. Contractor shall provide suitable means of protection for and shall protect all materials intended to be used in the Work and shall provide similar protection for all Work in progress as well as completed Work. Contractor shall at all times take all necessary precautions to prevent injury or damage to the Work in progress, including but not limited to protection for damage or injury caused by flood, freezing, or inclement weather of any kind. Only approved methods shall be used for this purpose. AUTHORITY AND DUTY OF INSPECTOR The Inspector shall be authorized to inspect all Work and materials furnished. Such inspection may extend to all or any part of the Work and to the preparation or manufacture of the materials to be used. An inspector shall be stationed on the Work to report to the Engineer as to the progress of the Work and the manner in which it is being performed. The Inspector shall also report to the Engineer whenever it appears that the materials furnished or the Work performed by Contractor fail to fulfill the requirements of the Specifications and Contract, and shall bring any such failure or other infringement to Contractor’s attention. Such inspection, however, shall not relieve Contractor from any obligation to perform all of the Work strictly in accordance with the requirements of the Specifications. In case of any dispute arising between Contractor and the Inspector as to materials furnished or the manner of performing the Work, the Inspector shall have the authority to reject materials or suspend the Work until the questions at issue can be referred to and decided by the Engineer. If Contractor uses rejected materials or fails to suspend the Work, all Work performed by Contractor under such suspension or rejection shall be considered unauthorized work and subject to rejection or replacement by Contractor at Contractor’s expense. The Inspector shall not be authorized to revoke, alter, enlarge, relax or release any requirements of these Specifications nor to approve or accept any portion of the Work, or to issue instructions contrary to the Plans and Specifications. The Inspector shall in no case act as foreman or perform other duties for Contractor, nor shall the Inspector interfere with the management of the Work by Contractor. Any advice that the Inspector may give to Contractor shall in no way be construed as binding upon the City in any way, nor shall any such advise release Contractor from fulfillment of the terms of the Contract. 173 GC - 10 INSPECTION The Engineer or the Engineer’s representative shall be allowed access to all parts of the Work at all times and shall be furnished such information and assistance by Contractor as may be required to make a complete and detailed inspection. Such inspection may include mill, plant, or shop inspection of materials and workmanship. UNAUTHORIZED WORK Work done without lines and grades, Work done beyond the lines and grades shown on the Plans, or as given, except as herein provided, or any Unclassified Work done without written authority shall be considered unauthorized and at the expense of Contractor and will not be measured or paid for by the City. Work so done may be ordered removed and replaced at Contractor's expense. DEFECTIVE WORK All Work not conforming to the requirements of the Contract Documents shall be considered defective and may be rejected by the Engineer by providing written notice of the defect to Contractor. Contractor shall promptly correct Work rejected by the Engineer or failing to conform to the requirements of the Contract Documents and whether or not fabricated, installed or completed. Costs of correcting such rejected Work, including additional testing and inspections, the cost of uncovering and replacement, and compensation for the Engineer’s services and expenses made necessary thereby, shall be at Contractor’s expense. Should Contractor fail or refuse to remove or renew any defective Work, or to make any necessary repairs in an acceptable manner and in accordance with the requirements of the Contract Documents within the time indicated by the City, the Engineer shall have the authority to cause the unacceptable or defective Work to be removed and renewed or repaired at Contractor's expense. Any expense incurred by the City in making these removals, renewals or repairs, which Contractor has failed or refused to make, shall be paid for out of any monies due or which become due Contractor, or may be charged against the Contract Bonds. Continued failure or refusal on the part of Contractor to make any or all necessary repairs promptly, fully and in an acceptable manner shall be sufficient cause for the City, at its option, to purchase materials, tools and equipment, and employ labor or to contract with any other individual, firm or corporation, to perform the Work. All costs and expenses so incurred shall be charged against Contractor and the amount thereof deducted from any monies due or which may become due to Contractor under this Contract, or shall be charged against the Contract Bonds. Any work performed, as described in this section, shall not relieve Contractor in any way from its responsibility to perform the Work. The City shall also have authority to take over and use defective Work without compensation to Contractor, when Contractor fails or refuses to rebuild such defective Work. 174 GC - 11 FINAL INSPECTION The Engineer will make final inspection of all Work, and any portion thereof, as soon as practicable after notification by Contractor that such Work is nearing completion. If the inspected Work is not acceptable to the Engineer at the time of the Engineer’s inspection, the Engineer shall advise Contractor in writing as to the particular defects to be remedied. If, within a period of ten (10) days after such notification, Contractor has not taken steps to speedily complete the Work as directed, the Engineer may, without further notice and without in any way impairing the Contract, make such other arrangements as the Engineer may deem necessary to have such Work completed in a satisfactory manner. The cost of completing such Work shall be deducted from any monies due, or which may become due Contractor on the Contract. GUARANTEE In addition to Contractor’s obligations under Section IV paragraph 9, if, within one year after the date of Final Completion of the Work, or by terms of any applicable special warranty required by the Contract Documents, any of the Work is found to be not in accordance with the requirements of the Contract Documents, Contractor shall correct it promptly after receipt of notice from the City to do so, unless the City has previously given Contractor a written acceptance of such condition. The City shall give such notice promptly after discovery of the condition. If, during the one-year period for correction of Work, the City fails to notify Contractor and give Contractor an opportunity to make the correction, the City waives the right to require correction by Contractor and to make a claim for breach of warranty. 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 one-year period for correction of Work shall be extended with respect to portions of Work first performed after Final Completion by the period of time between Final Completion 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. 175 GC - 12 FOSSILS If any fossils or treasure or other unusual or valuable geological formations are found in the process of excavating, such fossils and sample of geological formations shall be carefully preserved by Contractor and given to the Engineer and shall be the property of the City. SECTION V - CONTROL OF MATERIALS SOURCE AND QUALITY OF MATERIALS The source of supply of the materials to be used shall be approved by the Engineer before delivery is started. The approval of the source of any material will stand only so long as the material itself conforms to the Specifications. Only materials conforming to the requirements of these Specifications shall be used in the Work. The source of any materials shall not be changed at any time without the written approval of the Engineer. Contractor may be required, at any time, to furnish a complete statement of the original composition and manufacturer of any or all materials required in the Work, or to submit sample of the same. STANDARD STOCK PRODUCTS All materials, supplies and articles furnished shall, whenever so specified, and otherwise wherever practicable, be the standard stock products of recognized, reputable manufacturers. The standard stock products of manufacturers other than those specified may be accepted when it is proved to the satisfaction of the Engineer that they are equal to or better than the specified products in strength, durability, usefulness and convenience for the purpose intended. Whenever reference is made herein to A.S.T.M. Specifications, it shall be understood that the latest revision of the A.S.T.M. at the time of award of Contract is implied. TESTS OF MATERIALS When tests of materials are necessary, such tests shall be made by and at the expense of the City unless otherwise provided. Contractor shall afford such facilities as the Engineer may require for collecting and forwarding samples, and shall not use the materials represented by the samples until tests have been made and the materials have been found to satisfy the requirements of these Specifications. Contractor shall, in all cases, furnish the required samples without charge. The quantity of materials Contractor must furnish shall be a reasonable amount, deemed by the Engineer, to effectively test such materials to verify compliance with the Specifications and/or meet requirements from non-City funding sources. 176 GC - 13 STORAGE Materials shall be stored so as to insure the preservation of their quality and fitness for the Work and such materials, even though approved before storage, shall be subject to test, and must meet the requirements of these Specifications at the time it is proposed to incorporate them in the Work. Materials shall be stored in a manner that will facilitate inspections and protect the general public from injury. The portion of the right-of-way not required for public travel may, with the consent of the Engineer, be used for storage purposes, and for the placing of Contractor's plant and equipment, but any additional space required, unless otherwise stipulated, shall be provided by Contractor at its expense. DEFECTIVE MATERIALS All materials not conforming to the requirements of these Specifications shall be considered as defective and all such materials, whether in place or not, will be rejected and shall be removed immediately from the right-of-way unless otherwise permitted by the Engineer. No material that has been rejected - the defects on which have been corrected or removed - shall be used until the Engineer’s written approval has been given. FAILURE TO REMOVE DEFECTIVE MATERIALS Should Contractor fail or refuse to remove and renew any defective materials within the time indicated in writing, the Engineer shall have the authority to cause the unacceptable or defective materials to be removed and renewed at Contractor's expense. Any expense incurred by the City in making these removals or renewals, which Contractor has failed or refused to make, shall be paid for out of any monies due or which may become due Contractor under this Contract, or may be charged against the "Contract Bond" deposited. SECTION VI - LEGAL RELATIONS AND RESPONSIBILITY TO PUBLIC LAWS TO BE OBSERVED Contractor shall observe and comply with all laws, ordinances, regulations and decrees which may, at any time or in any manner, affect the equipment or materials used at the Project, the conduct of the Work or those employed to complete the Work. No plea of misunderstanding will be considered on account of the ignorance thereof. Contractor further agrees that in connection with the employment and hiring of the labor necessary for the performance of the Work, or any subcontract hereunder, Contractor will not discriminate against any person or persons contrary to the provisions of Minnesota Statutes 181.9, which is hereby incorporated by reference. 177 GC - 14 Contractor and Contractor’s Surety shall, indemnify and save harmless the City and all of its officers, agents and servants against any claim or liability arising from or based on the violation of any law, ordinance, regulation or decree, whether by itself or its employees. If Contractor shall discover any provisions in the Plans, Contract, or these Specifications or any direction of the Engineer or Inspector which is contrary to or inconsistent with any such law, ordinance, regulation or decree, Contractor shall immediately report its inconsistency to the Engineer in writing. PERMITS AND LICENSES Contractor shall procure all permits and licenses as required in the Contract documents, pay all charges and fees and give all notices necessary and incidental to the due and lawful prosecution of the Work. PATENTED DEVICES, MATERIALS AND PROCESSES If the Contract requires, or Contractor desires the use of any design, device, material or process covered by letter, patent or copyright, trademark or trade name, Contractor shall provide for such use by suitable legal agreement with the patentee or owner allowing use of such design, devise, material or process in the Work. A copy of said agreement shall be filed with the City. If no such agreement is made or filed as noted, Contractor and Contractor’s Surety shall indemnify and save harmless the City from any and all claims for infringement by reason of the use of any such patented design, device, material or process, or any trademark or trade name or copyright in connection with the Work agreed to be performed under the Contract, and shall indemnify the City for any costs, expenses and damages which it may be obliged to pay, including costs, expense and attorneys’ fees incident to litigation by reason of any such infringement at any time during the prosecution or after the completion of the Work. SANITARY PROVISIONS Contractor shall observe and comply with all laws, rules and regulations of the State and Local Health Authorities and shall take such precautions as are necessary to avoid creating unsanitary conditions. Contractor shall provide and maintain suitable sanitary conveniences for the use of all persons employed on the Project. Such facilities shall be properly screened from public observation, in sufficient numbers, in such manner and at such points as shall be approved by the Engineer. Contractor shall rigorously prohibit committance of nuisances within, on or about the Work. Any employee found violating these provisions shall be discharged and not again employed on the Work without the written consent of the Engineer. Contractor shall supply sufficient drinking water to all of the work force employed, but only from such sources as shall be approved by 178 GC - 15 the Engineer. Contractor shall also obey and enforce such other sanitary regulations and orders and shall take such precautions against infectious disease as may be deemed necessary by the Engineer. PUBLIC CONVENIENCE AND SAFETY, BARRICADES, LIGHTS AND WARNING SIGNALS Where the Work is carried on in or adjacent to any street, alley or public place, Contractor shall, at Contractor’s own cost and expense, furnish and erect such barricades, fences, lights and danger signals, and shall take such other precautionary measures for the protection of persons and property and of the Work as is necessary or required by the Contract Documents. Excavations in or adjacent to public streets or alley in which water stands more than one (1) foot deep or where banks of the excavation are subject to collapse or cave-in shall be securely barricaded with snow fence so as to prevent access by children and adults during the period when work is not being carried on at the site of excavation. Barricades shall be painted in a color and reflectorized in accordance with the provisions of the most current version of the Minnesota Manual of Uniform Traffic Control Devices (“MMUTCD”). From sunset to sunrise, Contractor shall furnish and maintain at least two (2) flashing lights at each barricade. A sufficient number of barricades shall be erected to keep vehicles from being driven on or into any of the Work and to warn pedestrians and children of the existence of the excavation at all open points. When a detour is necessary because a street is blocked by the Work, the Engineer shall designate its route and Contractor shall furnish and post detour signs at places designated approved by the Engineer. All signs shall be in accordance with the most current version of the MMUTCD and appendices. Contractor shall be responsible for all damage to the Work due to failure of barricades, signs, and lights to protect it, and whenever evidence of such damage is found, the Engineer may order the damaged portion immediately removed and replaced by Contractor at Contractor’s expense. Contractor's responsibility for the maintenance of barricades, signs and lights, and for providing the watchmen, shall not cease until the Project has been accepted by the City. MAINTENANCE OF DRAINAGE AND ACCESS TO MUNICIPAL AND PRIVATE UTILITIES On all Work, Contractor shall provide and maintain free access to gas valves, manholes and similar facilities. Contractor shall also provide and maintain free access to all fire hydrants, gate valves, manholes, and appurtenant equipment of the City’s water distribution and sanitary sewer systems. Contractor shall provide for the flow of all water courses, storm sewers and storm drains, and shall keep all gutters and waterways open or make other provisions for the free removal of storm water. Contractor shall be liable for any damages or costs 179 GC - 16 incurred by the City due to flood conditions, or backing up of sanitary or storm sewers or storm drains caused by the Work. Contractor also agrees to indemnify the City and its agents and employees against claims relating to or arising from any such backups or flooding. SITES TO BE KEPT CLEAN Contractor shall clean and keep clean from waste materials or refuse resulting from its operations, the streets, the Work and public property occupied by Contractor. Equipment not usable on the Work shall be promptly removed and the adjacent premises maintained in a neat and orderly condition at all times. Advertising signs in general will not be permitted at the Project. NOISE ELIMINATION 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 Engineer. USE OF EXPLOSIVES If it is necessary to use explosives in the performance of the Work, Contractor shall take out permits and comply with all laws, ordinances and regulations governing same. Contractor shall fully protect all completed Work as well as all overhead, surfaces or underground structures and shall be liable for any damage done to the Work or other structures on public or private property and injuries sustained by persons by reason of the use of explosives in Contractor’s operations. Explosives shall be handled, used and fired only by experienced personnel. All firing shall be done by electricity. All explosive supplies shall be safely stored and protected in an approved manner. All such storage places shall be marked clearly, "DANGEROUS – EXPLOSIVES". Caps or other exploders shall not be stored at the place where dynamite or other explosives are stored. PROTECTION AND RESTORATION OF PROPERTY Where the Work passes over or through private property, the City shall secure a license, right of entry, right-of-way agreement or easement. Contractor shall not receive any extra compensation or be entitled to any extras because of delay on the part of the City in obtaining right-of-way or easement access. Contractor shall not enter upon private property for any purpose without obtaining written permission from the property owner. Contractor shall, at Contractor’s own expense, protect and restore any public or private property damaged or injured in consequence of any act or omission on Contractor’s part or on the part of Contractor’s employees or subcontractors, to a condition equal to or better than that existing before such damage or injury occurred. If Contractor neglects to restore or make good such damage or injury, the Engineer may, upon forty-eight (48) hours’ notice, proceed to 180 GC - 17 restore or make good such damage or injury and to order the cost thereof deducted from any monies that are or may come due to Contractor. Contractor shall restore at Contractor’s own expense all parks, streets, alleys, roads, or public highways, and the public structures and improvements which may occupy such parks, streets, roads, alleys, or public highways, including but not limited to water mains, water connections and appurtenances, sewer, manholes, catch basins, and sewer connections, ornamental light poles, and cables. All persons, firms, trustees, and corporations having buildings, structures, works, conduits, mains, pipes, tracks, poles, wires, cables, ducts, or other physical structures and improvements in, over, or under the public lands, streets, roads, alleys, or highways, shall be notified by the City to shift, adjust, accommodate or remove any such interfering works so as to comply reasonably with the requirements of construction. Thereafter, Contractor shall be responsible for all just and proper claims for damages caused to or on account of such interference or removal, and shall at Contractor’s own cost and expense reimburse such persons, firms, trustees and corporations all just and proper claim for such removal and replacement or repair. Contractor shall include the cost of such interference, removal and replacement in the various affected unit and lump sum prices, and no separate payment will be made to Contractor for any cost involved by reason of any causes or situations arising from such interference, removal or replacement. Land monuments shall not be moved or otherwise disturbed except as may be directed by the Engineer. EXISTING SURFACE, OVERHEAD AND UNDERGROUND STRUCTURES Prior to construction, 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. 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 prior to submitting its Proposal. The sizes, locations and depths of such structures as are shown on the Plans and profiles are only approximate and Contractor shall satisfy itself as to the accuracy of the information given. 181 GC - 18 Contractor shall not claim or be entitled to receive compensation for any damages sustained by reason of the inaccuracy of the omission of any of the information given on the drawings relative to the surface, overhead or underground structures or by reason of Contractor’s failure to properly protect and maintain such structures. Contractor shall exercise extreme care in crossing, or working adjacent to, all utilities and shall be responsible to protect and maintain their operation during the Work. Contractor shall restore, at its expense, any public structures such as, including but not limited to, water mains, water connections, and appurtenances, sewers, manholes, catch basins, culverts, and sewer connections which are damaged or injured in any way by Contractor’s acts or the acts of its employees, agents or subcontractors. Contractor shall indemnify and save harmless the City from any suit, claim, demand or expense, including attorneys’ fees and costs, brought for or on account of any damage, maintenance, removal, replacement, or relocation of mains, conduits, pipes, poles, wires, cables or other structures of private utility firms or corporations whether underground or overhead, that may be caused or required by Contractor during the Work. However, in cases involving an overhead or underground privately owned utility installed and located in accordance with a permit issued by the City, if, in the opinion of the Engineer, the relocation of said utility is required to facilitate the Work, the City shall provide for such relocation, to the extent allowed under the permit or applicable law. MAINTENANCE OF SERVICE IN EXISTING STRUCTURES All existing overhead, surface or sub-surface structures, together with all appurtenances and service connections except those otherwise provided for herein, encountered or affected in any way during Work shall be maintained in service at all times unless other arrangements satisfactory to the agencies responsible for such utility are made. The cost of this work shall be included in the price paid under the items applicable thereto and there shall be no separate payment for it. RAILWAY AND HIGHWAY CROSSINGS Where the Work encroaches upon any right-of-way of any railway, State or County Highway, the City shall make application for the necessary easement or permit for the Work. Where railway tracks or highways are to be crossed, Contractor shall observe all regulations and instructions of the railway company and Highway Department and other applicable federal, state or local regulations as to methods of doing the Work, or precautions for safety of property and the public. Contractor will not be paid compensation for such railway or highway crossing applications or regulations unless otherwise provided for in the Proposal or other Contract Documents. 182 GC - 19 RESPONSIBILITY FOR LABOR, MATERIAL, EQUIPMENT AND DAMAGE CLAIM To the fullest extent permitted by law, Contractor shall indemnify and hold harmless the City and its agents and employees from and against claims, damages, losses, and expenses, including but not limited to attorneys’ fees, arising out of or resulting from performance of the Work, provided that such claim, damage, loss, or expense is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property, but only to the extent caused by the negligent acts or omissions of Contractor, a Subcontractor, anyone directly or indirectly employed by them, or anyone for whose acts they may be liable, regardless of whether or not such claim, damage, loss, or expense is caused in part by a party indemnified hereunder. Such obligation shall not be construed to negate, abridge, or reduce other rights or obligations of indemnity that would otherwise exist as to a party or person described in this Section or any other obligations of indemnity under the Contract Documents. In claims against any person or entity indemnified under this Section by an employee of Contractor, a Subcontractor, anyone directly or indirectly employed by them, or anyone for whose acts they may be liable, the indemnification obligation under this Section shall not be limited by a limitation on amount or type of damages, compensation, or benefits payable by or for Contractor or a Subcontractor under workers’ compensation acts, disability benefit acts, or other employee benefit acts. CONTRACTOR'S RESPONSIBILITY FOR WORK Until acceptance, the Work and all materials shall be under Contractor’s charge and care, and Contractor shall take every reasonable precaution against injury or damage to the Work or to any part thereof by the action of the elements or from any other cause whatsoever. Contractor shall rebuild, repair, restore and make good, at Contractor’s own expense, all injuries or damages to any portion of the Work occasioned by any of the above causes before its completion and acceptance. SAFETY PRECAUTIONS AND ACCIDENT PREVENTION Contractor shall observe and comply with all requirements of the Engineer as to the safety of the workforce to be employed on the Project. Contractor shall also comply with all safety measures recommended or required by any governmental agency, including the Department of Labor and Industry and the Division of Accident Prevention of the Industrial Commission of Minnesota, and with the requirements of the Worker's Compensation Act and any amendments thereto. Contractor shall be responsible for all safety issues on the Project. Contractor must, however, comply with all orders from the City for implementing any additional requirements relating to safety concerns. 183 GC - 20 REQUIREMENTS OF CONTRACT BOND The successful Bidder, at the time of the execution of the Contract, shall furnish, and at all times, maintain a satisfactory and sufficient PERFORMANCE BOND AND PAYMENT BOND, each in the full amount of the Contract, as required by law, with Sureties satisfactory to the City. The form of the Contract Bond is that required by Statute. Personal Sureties will not be approved. The Contract Bond shall be acknowledged by both principal and Surety, and the execution thereof witnessed by two witnesses as to each party. Minnesota Statutes, Chapter 13, requires that the City make all payment and performance bonds available for inspection and copying upon request. All claims on Contractor’s Bonds shall be brought in accordance with the requirements of Minnesota Statutes Chapter 574. PUBLIC LIABILITY AND PROPERTY DAMAGE INSURANCE Contractor shall purchase and maintain, at Contractor’s own cost and expense, insurance of the types and limits of liability, containing endorsements and subject to the terms and conditions described herein and in the Contract Documents, including but not limited to property damage and public liability coverage. The City shall be named as an additional insured under Contractor’s policies of insurance. The policies of insurance shall indemnify the City and all of its officers, agents, consultants and employees, from all property or personal injury claims. Contractor shall not commence the Work until it has obtained all the insurance described below, provided proof of such coverage to the City, and the City has approved Contractor’s insurance. All policies and certificates shall provide that the policies shall remain in force and effect throughout the term of the Contract. A. Policy Requirements i) Worker’s Compensation Insurance: a. Statutory Compensation Coverage: b. Coverage B – Employer’s Liability with limits of not less than: 1. $100,000 Bodily Injury per Disease per Employee 2. $500,000 Bodily Injury per Disease Aggregate 3. $100,000 Bodily Injury by Accident ii) Automobile Liability Insurance: a. Minimum Limits of Liability: 1. $2,000,000 – Per Occurrence – Bodily Injury and Property Damage Combined Single Limit b. Coverages: X Owned Automobile, if any X Non-Owned Automobile 184 GC - 21 X Hired Automobile X City of Golden Valley named as Additional Insured iii) General Liability Insurance: a. Minimum Limits of Liability: 1. $2,000,000 – Per Occurrence 2. $3,000,000 – Annual Aggregate b. Coverages: X Bodily Injury X Property Damage X Personal Injury X Blanket Contractual X City of Golden Valley named as Additional Insured iv) Professional Liability/Miscellaneous Liability Insurance: The Contractor shall maintain Professional Liability Insurance for all claims the Contractor may become legally obligated to pay resulting from any actual or alleged negligent act, error, or omission related to Contractor’s professional services required under this Agreement. Coverage for negligent acts, errors or omissions arising out of the performance of professional services included in the Contract coverage shall continue for a minimum of three (3) years. a. Minimum limit of liability of $1,000,000 per occurrence; $2,000,000 annual aggregate b. Deductible not to exceed $5,000 (if in excess, submit certified financial statement) Contractor’s policy(ies) shall be primary and non-contributory to any other valid and collectible insurance available to the City with respect to any claim arising out of this Contract, and shall provide the City with thirty (30) days advance written notice of cancellations, non-renewals or reduction in limits or coverage or other material change. Contractor is responsible for payment of insurance deductibles. If Contractor is self- insured, a Certification of Self-Insurance must be attached. Insurance companies must have an “AM Best” rating of A-, class V or better, and be authorized to do business in the State of Minnesota and must be satisfactory to the City. Each subcontractor shall furnish property damage and public liability insurance that complies with all of the requirements stated, except as to amounts. Subcontractors shall furnish property damage insurance and public liability insurance in amount 185 GC - 22 proportionate to their respective subcontracts, but such amounts shall be satisfactory to the Engineer. WORKER'S COMPENSATION INSURANCE Contractor shall furnish Worker's Compensation Insurance for its employees, and must comply with all Worker's Compensation Laws for the state of Minnesota. The insurance company or companies, or the manner in which the compensation insurance is carried, must be satisfactory to the City and to the Minnesota Industrial Commission. The cost of Worker's Compensation Insurance shall be included in all lump sum and unit cost items under this Contract. COMPLIANCE WITH EXISTING CONTRACTS BETWEEN THE CITY OF GOLDEN VALLEY AND OTHERS Contractor shall familiarize itself with all terms and provisions of contracts between the City of Golden Valley and the City of Minneapolis in regards to wholesale purchase of potable water; and with the Cities of Crystal and New Hope for the storage distribution of potable water as may apply. Contractor shall similarly familiarize itself with other contracts between the City of Golden Valley and other municipalities, firms, corporations, or individuals relating in any manner whatsoever to the subject matter of this Contract and shall conform to all of the requirements of said contracts and shall do nothing which shall violate any of the provisions or conditions imposed upon the City. SECTION VII - PROSECUTION AND PROGRESS SUBLETTING OR ASSIGNMENT OF CONTRACT Contractor shall not sublet, sell, transfer, assign or otherwise dispose of the Contract or any portion thereof, or of the Work, or of Contractor’s right, title or interest therein, to any person, firm or corporation without the written consent of the City and Contractor's Surety, and such consent shall not relieve Contractor in any way of full responsibility for the performance of this Contract. Contractor shall include a list of subcontractors with the Proposal. The City reserves the right to reject any or all of the subcontractors. PROSECUTION OF WORK All dealings of the City will be with Contractor. No Work shall be started until the Contract has been executed and written notice to proceed has been given to Contractor. Definite notice of intention to start the Work shall be given to the City at least five (5) days in advance of beginning the Work. Such starting time shall be within ten (10) 186 GC - 23 calendar days after the date of receipt by Contractor of written notice to proceed. The official starting time shall be taken as the date on which Contractor is notified in writing by the Engineer that Contractor has fulfilled all preliminary requirements of the City. The official Contract Time shall be in accordance with the Special Conditions. Should the prosecution of the Work be discontinued temporarily by Contractor for any reason, Contractor shall notify the Engineer at least twenty-four (24) hours before again resuming operations and shall not resume operations until it receives written approval from the Engineer. Unless otherwise provided for elsewhere in these Specifications, Contractor shall notify the City of the location at which Contractor intends to begin operations. The Engineer shall have the right to change the point of beginning or the points of operation of Contractor's work force. The Work shall be prosecuted in such manner as to ensure its completion within the Contract Time. In case of failure to prosecute the Work in such a manner as to ensure its completion within the Contract Time, the Engineer shall have the right to require Contractor to place in operation such additional force and equipment as are deemed necessary by the Engineer. LIMITATIONS OF OPERATIONS In case of a dispute arising between two or more Contractors engaged on the same work as to the respective rights or each under these Specifications, the Engineer shall determine the matters at issue and shall define the respective rights of the various interests involved in order to secure the completion of all parts of the Work in harmony and with satisfactory results. Any such decisions by the Engineer shall be final and binding on all parties and shall not in any way give rise to or provide a basis for a claim for extra compensation by any of the parties. CHARACTER OF WORKERS AND EQUIPMENT Contractor shall employ such superintendents, foreperson and workers as are careful and competent, and the Engineer may demand in writing the dismissal of any person or persons employed by Contractor in, about or upon the Work, who engages in misconduct, or who is incompetent or negligent or refuses to comply with the direction given. Any such person or persons shall not be employed again at the Project without the written consent of the Engineer. Should Contractor continue to employ such person or persons at the Project, the City may withhold all payments which are or may become due, or the Engineer may suspend the Work until the offending persons are dismissed. Contractor shall not employ any minors, as defined by the Minnesota Worker's Compensation Act, on the Project. Contractor shall keep on the Project, during its progress, a competent superintendent and any necessary assistants, all satisfactory to the Engineer. The Superintendent shall meet all requirements contained in the Contract Documents, including but not limited to those enumerated in Section 10 of the Special 187 GC - 24 Conditions, and shall not be changed except with the consent of the Engineer, unless the superintendent proves unsatisfactory to Contractor and ceases to be in Contractor’s employ. The superintendent shall represent Contractor in all matters and have the authority to obtain equipment and manpower as needed to complete the Work. All directions given to the superintendent shall be as binding as if they were given to Contractor. All machinery and equipment owned or controlled by Contractor which is proposed to be used by Contractor on the Work shall be of sufficient size and in such mechanical condition as to meet with the requirements of the Work and to produce a satisfactory quality of work. When so ordered by the Engineer, in writing, unsatisfactory equipment shall be removed and replaced with equipment which will satisfactorily perform the Work. No change in the machinery and equipment employed on the Project that has the effect of decreasing its capacity shall be made except by written permission of the Engineer. The measure of the capacity of machinery and equipment shall be its actual performance of the Work. Failure of Contractor to provide adequate equipment may result in the annulment of the Contract as hereinafter provided. CONTRACTOR'S RIGHT TO REQUEST CHANGES If Contractor discovers, prior to or during construction anything in the Plans or Specifications or in the supplementary directions issued by the Engineer which, in the opinion of Contractor, appears to be faulty engineering or design, Contractor shall immediately advise the Engineer in writing of Contractor’s concerns. If no objection is raised by Contractor under the provisions of this paragraph, Contractor waives any right to contest the provisions of the Contract on the basis of faulty engineering or design. TEMPORARY SUSPENSION OF WORK The Engineer shall have the authority to suspend the Work, wholly or in part, for such a period or periods as the Engineer may deem necessary due to conditions considered unfavorable for the suitable prosecution of the Work, or for such time as is necessary due to failure on the part of Contractor to carry out orders or perform any or all provisions of the Contract. If the Engineer directs Contractor in writing to suspend the Work, Contractor shall store all materials and equipment in such a way as to not obstruct or impede public travel or work on adjacent contracts. Contractor shall not suspend the Work without written authority from the Engineer. SUBSTANTIAL COMPLETION When Contractor considers that the Work, or a portion thereof which the City agrees to accept separately, is substantially complete, Contractor shall prepare and submit 188 GC - 25 to the Engineer a comprehensive list of items to be completed or corrected prior to final payment. Failure to include an item on such list does not alter the responsibility of Contractor to complete all Work in accordance with the Contract Documents. Upon receipt of Contractor’s list, the Engineer or the Inspector shall inspect the Work to determine whether it is substantially complete. If the inspection discloses any item, whether or not included on Contractor’s list, which is not sufficiently complete in accordance with the Contract Documents so that the City can occupy or utilize the Work or designated portion thereof for its intended use, Contractor shall, before issuance of the Certificate of Substantial Completion, complete or correct such item. In such case, Contractor shall then submit a request for another inspection by the Engineer to determine Substantial Completion. When the Work or designated portion thereof is substantially complete as determined by the Engineer, the Engineer shall prepare a Certificate of Substantial Completion that shall establish the date of Substantial Completion; establish responsibilities of the City and Contractor for security, maintenance, damage to the Work and insurance; and fix the time within which Contractor shall finish all items on the list accompanying the Certificate. Warranties required by the Contract Documents shall commence on the date of Substantial Completion of the Work or designated portion thereof unless otherwise provided in the Certificate of Substantial Completion. The Certificate of Substantial Completion shall be submitted to the City and Contractor for their written acceptance of responsibilities assigned to them in the Certificate. Upon such acceptance, and consent of surety if any, the City shall make payment of retainage applying to the Work or designated portion thereof. Such payment shall be adjusted for Work that is incomplete or not in accordance with the requirements of the Contract Documents. DETERMINATION AND EXTENSION OF CONTRACT TIME FOR COMPLETION Contractor shall perform fully, entirely, and in an acceptable manner, the Work contracted for within the time stated in the Contract. If Contractor finds that it will be impossible to complete the Work on or before the Contract Time, Contractor shall request an extension of the Contract Time as set forth in Section 4 of the Special Conditions. In case such extension is not granted, the right to proceed with the Work may be considered as forfeited as of the Contract Time, including all agreed upon adjustments, and the City, without violating the Contract, may proceed immediately to take over the Work, materials and equipment and make final settlement of costs incurred as provided for in Paragraph 7 below, except that it shall not be necessary to give Contractor written ten (10) days’ notice for such forfeiture. 189 GC - 26 FAILURE TO COMPLETE WORK ON TIME Should Contractor fail to complete the Work on or before the Contract Time, taking into consideration all agreed upon extensions, the City may permit Contractor to proceed and there shall be deducted from any monies due or that may become due Contractor the amount agreed upon as liquidated damages under section 4 the Special Conditions of the Agreement. Liquidated damages shall continue to accrue until the unfinished Work is completed whether Contractor finishes the Work or the Work is finished by an alternate contractor. Permitting Contractor to continue and finish the Work or any part of it after the Contract Time, or after the date to which the Contract Time may have been extended, shall in no way operate as a waiver on the part of the City of any of its rights. Neither by the taking over of the Work by the City, nor by the annulment of the Contract, shall the City forfeit the right to recover liquidated damages from Contractor or Contractor’s Surety for failure to complete the Contract. RIGHT OF THE CITY TO DECLARE CONTRACTOR IN DEFAULT In addition to those instances specifically referred to in the Contract Documents, the City shall have the right to declare Contractor in default of the whole or any part of the Work if: A. Contractor becomes insolvent; B. Contractor makes an assignment for the benefit of creditors pursuant to the Statutes of the State of Minnesota; C. A voluntary or involuntary petition in bankruptcy be filed by or against Contractor; D. Contractor fails to commence work when notified to do so by the Engineer; E. Contractor shall abandon the Work; F. Contractor shall refuse to proceed with the Work when and as directed by the Engineer; G. Contractor shall, without just cause, reduce its working force to a number which, if maintained would be insufficient, in the opinion of the Engineer, to complete the 190 GC - 27 Work in accordance with the approved progress schedule, and shall fail or refuse to sufficiently increase such working force when ordered to so by the Engineer; H. Contractor shall sublet, assign, transfer, convey or otherwise dispose of this Contract other than as herein specified; I. A receiver or receivers are appointed to take charge of Contractor's property or affairs; J. The Engineer shall be of the opinion that Contractor is or has been knowingly, willfully or in bad faith, violating any of the provisions of this Contract; K. The Engineer shall be of the opinion that Contractor is or has been unnecessarily, unreasonable or willfully delaying the performance and completion of the Work, or the award of a necessary subcontract or the placing of necessary material or equipment orders; L. The Engineer shall be of the opinion that the Work cannot be completed within the Contract Time, taking into consideration all agreed upon amendments to the Contract Time; provided, however, that the impossibility of timely completion is, in the Engineer's opinion, attributable to conditions within Contractor's control; M. The Engineer shall be of the opinion that Contractor is not or has not been executing the Contract in good faith and in accordance with its terms; or N. The Work is not completed within t within the Contract Time, taking into consideration all agreed upon amendments to the Contract Time. Before the City shall exercise its right to declare Contractor in default by reason of the conditions set forth in items numbered 1, 4-7, 10-13, or 14, it shall give Contractor an opportunity to be heard, on two days’ notice, at which hearing Contractor may have a stenographer present; provided, however, that a copy of such stenographic notes, if any, shall be furnished to the City. The right to declare in default for any of the grounds specified or referred to above shall be exercised by sending Contractor a notice, signed by the Engineer, setting forth the grounds upon which such default is declared. Upon receipt of such notice, Contractor shall immediately discontinue all further operations under this Contract and shall immediately quit the site, leaving untouched all plant, materials, equipment, tools and supplies then on the site. COMPLETION OF THE WORK AFTER DEFAULT The City, after declaring Contractor in default, may then have the Work completed by such means and in such manner, by contract with or without public letting or otherwise, as it may deem advisable, utilizing for such purpose such of Contractor's plant, materials, equipment, tools, and supplies remaining on the site, and also such subcontractors as it may deem advisable. 191 GC - 28 After such completion, the Engineer shall make a certificate stating the expense incurred in such completion, which shall include the cost of re-letting and also the total amount of liquidated damages (at the rate provided for in the Specifications) from the date when the Work should have been completed by Contractor in accordance with the Contract Documents to the date of actual completion of the Work. Such certificate shall be binding and conclusive upon Contractor in accordance with the terms hereof to the date of actual completion of the Work. Such certificate shall be binding and conclusive upon Contractor, Contractor’s Sureties, and any person claiming under Contractor, as to the amount thereof. The expense of such completion, as so certified by the Engineer shall be charged against and deducted out of such monies as would have been payable to Contractor if it had completed the Work; the balance of such monies, if any, subject to the other provisions of this Contract, to be paid to Contractor without interest after such completion. Should the expense of such completion exceed the total sum which would have been payable under this Contract if the same had been completed by Contractor, any such excess shall be paid by Contractor to the City upon demand. If Contractor fails to pay the City promptly for such excess costs, the City may at its discretion submit a claim to Contractor’s Surety for such reimbursements. PARTIAL DEFAULT In case the City shall declare Contractor in default as to a part of the Work only, Contractor shall discontinue such part, shall continue performing the remainder of the Work in strict conformity with the terms of the Contract, and shall in no way hinder or interfere with any other contractors or persons whom the City may engage to complete the Work as to which Contractor was declared in default. The provisions of the clauses herein relating to declaring Contractor in default as to the entire Work shall be equally applicable to a declaration of partial default, except that the City shall be entitled to utilize for completion of the Work as to which Contractor was declared in default only such plant, materials, equipment, tools and supplies as had been previously used by Contractor on such part. TERMINATION OF CONTRACTOR'S RESPONSIBILITY Except as otherwise provided for in these Specifications and in Contractor’s bond, Contractor’s responsibility for all Work and materials under this Contract shall continue until the expiration date of the warranty. The warranty shall commence on the date of Final Completion of the Work. SECTION VIII - MEASUREMENT AND PAYMENT MEASUREMENT OF QUANTITIES 192 GC - 29 Measurement of all Work acceptably completed will be made in accordance with the system in which the Contract is let, either U.S. Standard or International System (metric). Such measurements will be used as a basis for the computation of the quantities of Work performed. Quantities designated to be measured by linear units will be taken horizontally. Where Work is to be paid for by units of length, area, volume or mass, only the net amount of Work actually performed, as it shall appear in the finished Work and measured as hereinafter specified shall be paid for, local customs to the contrary notwithstanding. Calculation of area quantities where the computation of the areas by geometric methods would be comparatively laborious, it is stipulated and agreed that the City’s computer aided drafting system shall be used as the method of measurement. SCOPE OF PAYMENT Contractor shall receive and accept the compensation as herein provided, in full payment for furnishing all materials, labor, tools, equipment, royalties, fees, insurance, permits, bonds, etc., and for performing all Work contemplated and embraced under the Contract, also for all loss or damage arising out of the nature of the Work, or from the action of the elements, the expiration of the warranty to the City, and for all risks connected with the prosecution of the Work, also for all expenses incurred by, or in consequence of the suspension or discontinuance of said prosecution of the Work as herein specified, and for completing all of the Work embraced in the Contract. WORK COVERED BY CONTRACT PRICE Contractor shall, under Contractor’s contract unit prices, furnish and pay for, all material and incidental work, furnish all accessories, and do everything which may be necessary to carry out the Contract in good faith, which contemplates everything completed, in good working order, of good material, with good and accurate workmanship. BASIS OF PAYMENT Where Work is to be paid by linear, area, volume, mass, or by each individual units Contractor’s cost for all materials, labor, tools and equipment required to complete the Work, notwithstanding that while the Work may not be fully shown on the drawings, it may be described in the Specifications and vice-versa. PAYMENTS FOR INCREASED OR DECREASED QUANTITIES Whenever the quantity of any item of Work as given in the Proposal shall be increased or decreased, payment for such item of Work will be made on the basis of the actual quantity completed at the unit price for such item named in the Proposal, except as otherwise provided in Section III - Paragraph 2 of these General Conditions, and in the detail Specifications for each class of Work. 193 GC - 30 PAYMENT FOR SURPLUS MATERIALS Payment for materials that have been ordered in furtherance of the Work, but that are not to be used because (1) of cancellation of the Contract or a portion thereof; (2) of an order to terminate the Work before completion of the entire unit; or (3) the quantity ordered by the Engineer was in excess of the quantity needed, will be made in accordance with this section, unless Contractor or one of Contractor’s suppliers elects to take possession of the surplus material without expense to the City. Payment for surplus materials that have been purchased and shipped or delivered to the Project will be made at the Contract bid price when the pay item covers the furnishing and delivering of the material only. When the Contract bid price covers the furnishing and placing of the material, the City will take possession of the surplus materials that have been purchased and shipped or delivered to the Project, or will order the material returned to the supplier for credit and will pay the Contractor the actual purchase price of the material plus transportation costs, to which will be added fifteen percent (15%) of the total thereof, and from which will be deducted any credits received by the Contractor for materials returned. Materials that have been ordered but have not been consigned for shipment shall be paid for upon delivery the same as materials in transit or delivered only when the supplier is unwilling to cancel or modify the order such as in the case of materials requiring special manufacture, fabrication, or processing so as to be unsuitable for general use. In no case shall payment for surplus materials exceed the Contract Price for the materials complete in place. Contractor shall furnish invoices or an affidavit showing the purchase price and transportation charges on materials to be taken over by the City. Surplus materials that are taken over by the City shall be delivered to the storage sites designated by the Engineer. Except as above provided, no payment shall be made to Contractor for any materials that are not incorporated in the Work. Materials shall be ordered in the quantities needed unless a specific quantity is to be furnished by direct order of the Engineer. CLAIMS AND PROTESTS A. General A Claim is a demand or assertion by one of the parties seeking, as a matter of right, payment of money, a change in the Contract Time, or other relief with respect to the terms of the Contract. The term “Claim” also includes other disputes and matters in 194 GC - 31 question between the City and Contractor arising out of or relating to the Contract. The responsibility to substantiate Claims shall rest with the party making the Claim. This Section does not require the City to file a Claim in order to impose liquidated damages in accordance with the Contract Documents. B. Time Limit on Claims The City and Contractor shall commence all Claims and causes of action against the other and arising out of or related to the Contract, whether in contract, tort, breach of warranty or otherwise, in accordance with the requirements of this Section and within the period specified by applicable law, but in any case not more than one year after the date of Substantial Completion of the Work. The City and Contractor waive all Claims and causes of action not commenced in accordance with this Section. C. Notice of Claims Claims by either the City or Contractor shall be initiated by notice to the other party and shall be initiated within ten (10) days after occurrence of the event giving rise to such Claim or within ten (10) days after the claimant first recognizes, or reasonably should have recognized, the condition giving rise to the Claim, whichever is later. Any Claim not made within ten (10) days shall be deemed waived. D. Continuing Contract Performance Pending final resolution of a Claim, except as otherwise agreed in writing, Contractor shall proceed diligently with performance of the Contract and the City shall continue to make payments in accordance with the Contract Documents. The Contract Price and Contract Time shall be adjusted in accordance with the resolution of the Claim, subject to the right of either party to proceed in accordance with this section. E. Claims for Additional Cost If Contractor wishes to make a Claim for an increase in the Contract Price, notice as provided in Subsection 1C above shall be given before proceeding to execute the portion of the Work that is the subject of the Claim. Prior notice is not required for Claims relating to an emergency endangering life or property. F. Claims for Additional Time If Contractor wishes to make a Claim for an extension of the Contract Time, Contractor shall request an extension as set forth in Section 4 of the Special Conditions. G. Mediation Claims, disputes, or other matters in controversy arising out of or related to the Contract, except those waived as provided for in the Contract Documents, shall be subject to mediation as a condition precedent to commencement of litigation. The 195 GC - 32 parties shall endeavor to resolve their Claims by mediation which shall be administered by a mediator mutually agreed upon by the parties. A request for mediation shall be made in writing, delivered to the other party to the Contract and shall be completed within ninety (90) days from the date the request for mediation was delivered to the other party. The parties shall share the mediator’s fee and any filing fees equally. The mediation shall be held in Hennepin County, Minnesota, unless another location is mutually agreed upon. Agreements reached in mediation shall be enforceable as settlement agreements in any court having jurisdiction thereof. PAYMENT FOR UNCLASSIFIED AND FORCE ACCOUNT WORK Unclassified Work authorized by the Engineer, will be paid for at a unit price, lump sum or on a Force Account basis. All Force Account Work shall be paid for in the following manner: A. For all labor and foremen in the direct charge of the specific Work, Contractor will receive the actual wages paid for each and every hour that said labor and foreman are actually engaged in such Work, plus the cost of bond, insurance and taxes, to which cost shall be added twenty (20) percent of the sum thereof. No charge shall be made by Contractor for organization or overhead expense. B. For all materials used, Contractor will receive the actual cost of such materials including freight charges as shown by original receipted bills, to which cost shall be added ten (10) percent of the sum thereof. Where materials are specifically purchased for use on Unclassified Work but are taken from Contractor's stock, Contractor shall submit an affidavit of the quantity, price and freight on such materials in lieu of original bills and invoices. This affidavit shall be approved by the Engineer. C. For any machinery, trucks or equipment, including fuel and lubricants, which it may be deemed necessary or desirable to use, Contractor will receive a reasonable rental price, to be agreed upon in writing before such Work is begun, for each and every hour that said machinery, trucks and equipment are in use on such Work, and to which sum no percentage will be added. Such rental price shall not exceed the rates established by the A.G.C. for this district. The compensation as herein provided shall be received by Contractor as payment in full for Unclassified Work done by Force Account and said twenty (20) percent for labor and said ten (10) percent for materials shall be agreed to cover profit, superintendence, general expense, overhead, and the use of small tools and equipment for which no rental is allowed. 196 GC - 33 Contractor or Contractor’s representative and the Engineer or the Engineer’s representative shall compare records of Force Account Work at the end of each day. Copies of these records shall be made in triplicate on Force Account forms, provided for this purpose by the Engineer and signed by both parties. To all such claims for Force Account Work, Contractor shall attach receipted bills for, or affidavit of, materials used and freight receipts covering freight on such materials used, and said claims shall be presented to the Engineer for payment not later than the twentieth (20th) day of the month following that in which the Work was actually performed and shall include all labor charges and material charges insofar as they can be verified. Should Contractor refuse or fail to prosecute such Unclassified Work as directed, or to submit this claim as required, the City may withhold payment of all current estimates until Contractor's refusal or failure is eliminated, or, after giving Contractor due notice, the City may make payment for said Work on a basis of a reasonable estimate of the value of the Work performed. PARTIAL PAYMENTS Unless payments are withheld by the City for reasons herein before stated, payment will be made at least once a month on a basis of ninety-five (95) percent of the Work done, provided that the Work is progressing to the satisfaction of the Engineer; provided further, however, that when ninety-five (95) percent or more of the Work is completed, the City, in its sole discretion, may determine that something less than five (5) percent need be retained to protect the City's interest in satisfactory completion of the Contract. Monthly estimates may include the value of acceptable materials required for the Work, which have been delivered to the Project, and for which acceptable provisions have been made for the preservation and storage. From the total value of the materials so reported, five (5) percent shall be retained. Such material, when so paid for by the City, shall become the property of the City and in the event of default on the part of Contractor, the City may use or cause to be used such materials in the construction of the Work provided for in the Contract. The amount thus paid by the City for materials shall go to reduce estimates due Contractor as the materials are used in the Work. Minnesota Statutes, Sections 337.10, subd. 3 and 471.425, subd. 4a, requires that Contractor pay any subcontractors within ten (10) days after receipt of payment from the City for undisputed services provided by the subcontractor. Contractor shall provide proof to the City of payment to subcontractors in the form of check copies or receipts. If Contractor fails to make payments to subcontractors for undisputed Work, Contractor shall pay interest of one and one-half percent (1-1/2%) per month of any amounts not paid on time to subcontractors, with a minimum monthly interest penalty payment of ten dollars ($10). 197 GC - 34 No release of any retained percentage will be made without the written approval of the Surety or Sureties, which approval shall be obtained by Contractor. Any such release may be optional with the City. FINAL PAYMENT Upon receipt of Contractor’s notice that the Work is ready for final inspection and acceptance, the Engineer shall promptly make such inspection as provided in section IV(10) of these General Conditions. When the Engineer finds the Work acceptable under the Contract Documents and the Contract fully performed, the Engineer will prepare a final estimate containing complete quantities of each and every item of Work performed by Contractor, and the value thereof (the “Final Pay Estimate”). Upon acceptance of the Final Pay Estimate by Contractor, the Engineer will (i) issue a Certificate of Final Completion; (ii) forward the Certificate of Final Completion and Final Pay Estimate to the City Finance Director for payment; and (iii) notify Contractor and Contractor’s Surety or Sureties of the acceptance of the Work. The date of Final Completion of the Contract shall be the date on the Certificate of Final Completion and the action of the City by which Contractor is bound and the Contract concluded shall be evidenced by the Certificate of Final Completion and Final Payment. All prior certificates or estimates upon which payments may have been made are merely partial estimates and subject to correction in the final payment. CERTIFICATE OF COMPLIANCE OF MINNESOTA WITHHOLDING TAX Final payment will not be made until Contractor shall have filed with the City evidence, in the form of an affidavit, lien waiver or such other evidence as may be required, that all claims against Contractor by reason of the Contract have been fully paid or satisfactorily secured. In case such evidence is not furnished, the City may retain out of any amount due said Contractor sums sufficient to cover all lienable claims unpaid. 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. Receipt by the City Engineer of a Certificate of Compliance from the Commissioner of Taxation will satisfy this requirement. 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. SECTION IX - MISCELLANEOUS PROVISIONS 198 GC - 35 NONDISCRIMINATION. Contractor agrees: A. That it shall not, in the hiring of labor or employees for the performance of any work under this Agreement, by reason of any race, creed, color, national origin, sex, gender identity, sexual orientation, or disability discriminate against any person who is qualified and available to perform the Work; B. That it shall not, in any manner, discriminate against, intimidate or prevent the employment of any person identified in clause (a) of this section, or on being hired, prevent or conspire to prevent, the person from the performance of any work under this Agreement on account of the persons race, creed, color, national origin, sex, gender identity, sexual orientation, or disability; and C. That it shall not intentionally refuse to do business with, refuse to contract with, or discriminate in the terms, conditions, or performance of any agreement related to the Work to be performed under this Agreement because of a person’s race, creed, color, national origin, sex, gender identity, sexual orientation, or disability, unless the alleged refusal is because of a legitimate business purpose. GOVERNMENT DATA. Contractor acknowledges that, to the extent this Agreement requires Contractor to perform a government function, all of the data created, collected, received, stored, used, maintained or disseminated by Contractor in performing government functions is subject to the requirements of the Minnesota Government Data Practices Act (Minn. Stat. § 13.01 et. seq. the “MGDPA”), except to the extent the data is privileged pursuant to an exception to or exclusion from the MGDPA, and that Contractor must comply with the MGDPA as if Contractor were a government entity, including the remedies in Minn. Stat. §13.08, subject to any other appropriate exception to or exclusion from the MGDPA. Contractor agrees to promptly notify the City of any request for data that Contractor receives related to this Agreement. VENUE AND FORUM. This Agreement shall be interpreted in accordance with Minnesota law and any suit or litigation between the parties arising out of this Agreement shall be filed, tried and litigated only in Hennepin County District Court in the state of Minnesota. COUNTERPARTS. This Agreement may be executed in any number of counterparts, including electronically. Each counterpart constitutes an original and all counterparts collectively constitute one and the same instrument. The signatures of the parties need not appear on the same counterpart. 199 GC - 36 ELECTRONIC SIGNATURES. Except as otherwise stated herein, documents executed, scanned and transmitted electronically and electronic signatures shall be deemed original signatures for purposes of this Agreement and all related matters. All scanned and electronic signatures shall have the same legal effect as original signatures. This Agreement, any other document necessary for the consummation of the transaction contemplated by this Agreement may be accepted, executed or agreed to through the use of an electronic signature in accordance with the Uniform Electronic Transactions Act, Minnesota Statutes Chapter 325L. Any document accepted, executed or agreed to in conformity with such laws will be binding on each party as if it were physically executed. NOTICES. Any notices or communications required or permitted by this Agreement must be (i) given in writing; and (ii) personally delivered, mailed, by prepaid certified mail, or transmitted by facsimile or electronic mail transmission (including email or PDF), to the intended party at the mailing address or email address of such party as follows: To City: To Contractor: City of Golden Valley Attn: Caleb Brolsma 7800 Golden Valley Road Golden Valley, MN 55427 cbrolsma@goldenvalleymn.gov SEVERABILITY If any term or provision of the Contract Documents shall be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby and such provision shall be ineffective only to the extent of such invalidity, illegality or unenforceability. NO WAIVER OF LEGAL RIGHTS Duties and obligations imposed by the Contract Documents and rights and remedies available thereunder shall be in addition to and not a limitation of duties, obligations, rights, and remedies otherwise imposed or available by law. No action or failure to act by the City, or Engineer shall constitute a waiver of a right or duty afforded them under the Contract, nor shall such action or failure to act constitute approval of or acquiescence in a breach thereunder, except as may be specifically agreed upon in writing. 200 11-i SPECIAL PROVISIONS TABLE OF CONTENTS PAGE 1. General 11-1 2. Project Description 11-1 3. Qualifications of Bidder 11-1 4. Starting and Completion Time 11-3 5. Schedule and Construction Phasing 11-4 6. Specifications Which Apply 11-5 7. Reference 11-5 8. Construction Meetings 11-5 9. Supervision of Work and Emergency Contacts 11-6 10. Pre-Construction Conference 11-6 11. Site Conditions 11-7 12. Maintenance of Existing Utilities 11-7 13. Construction Staking 11-7 14. Quality Control and Quality Assurance Testing 11-7 15. Project Access and Staging Area 11-8 16. Utility Conflicts 11-8 17. Easements and Permits 11-9 18. Union Pacific Railroad Requirements 11-9 19. Measurement and Payment 11-10 20. Tree and Landscape Preservation 11-10 21. Mobilization 11-11 201 11-ii PAGE 22. Sawing Concrete and Bituminous Pavement 11-11 23. Removals and Salvages 11-11 24. Water Use on Project 11-12 25. Aggregate Base 11-12 26. Bituminous Surface Reconditioning 11-13 27. Mill Bituminous Pavement 11-13 28. Plant Mixed Bituminous Mixtures 11-13 29. Pipe Sewers 11-14 30. Adjust Valve Box 11-15 31. Manholes and Catch Basins 11-15 32. Adjust Frame & Ring Castings 11-16 33. Manhole Rehabilitation 11-16 34. Walks 11-22 35. Truncated Dome Panels 11-23 36. Concrete Curb and Gutter 11-23 37. Concrete Median Pavement 11-24 38. 7” Concrete Pavement 11-24 39. Concrete H-Pattern Cross Gutter Driveway 11-25 40. Traffic Control and Maintenance 11-25 41. Railroad Flagging 11-26 42. Salvage and Reinstall Sign and Post 11-26 43. Revise Signal System 11-27 202 11-iii PAGE 44. Loop Detectors 11-33 45. Erosion and Sedimentation Control 11-36 46. Turf Establishment 11-37 47. Pavement Markings 11-38 48. Restoration 11-38 49. Procedures in the Event of a Sewage Spill or Toxic Release 11-38 203 11-1 SPECIAL PROVISIONS CITY OF GOLDEN VALLEY FOR GOLDEN VALLEY PROJECT NO. 24-07 2025 ASPHALT MILL & OVERLAY PROJECT BID OPENING: JUNE 24, 2025 10:00 A.M. 1. GENERAL: Instruction to Bidders and General Conditions as embodied in these Contract Documents shall apply except as modified or supplemented in these Specifications. 2. PROJECT DESCRIPTION: The contract work provides for the rehabilitation of portions of the following City street: • Boone Ave N from T.H. 55 to Plymouth Ave N, 10TH Ave N from Mendellsohn Ave to Winnetka Ave N and Lewis Road, off 10th Ave N • Alternate 1: General Mills Blvd N from Harold Ave to T.H. 55 • Alternate 2: General Mills Blvd N from Betty Crocker Dr to Harold Ave The work will include, but is not limited to, the following: Localized curb, sidewalk and driveway pavement replacement throughout the length of the project. Storm structure replacement and rehabilitation. Catch basin and manhole casting adjustment. The project also includes bituminous pavement milling and 2-inch bituminous overlay. Bid items are included for multi component striping and pavement markings at various locations along the project. See the Plans for more detailed information on the locations. The City reserves the right to award all, any combination of base bid or none of the sections at its sole discretion. The low bid will be determined by combining the base bids in the order they appear below to best utilize the funding available: 1. Base Bid 2. Alternate 1 3. Alternate 2 3. QUALIFICATIONS OF BIDDER: Bidders are required to submit evidence that they have practical knowledge of the particular work bid upon, and that they have the financial resources to complete the proposed work. Failure on the part of any Bidder to carry out previous contracts satisfactorily or lack of experience or 204 11-2 equipment, necessary for the satisfactory and timely completion of this project may be deemed sufficient cause for disqualification of said Bidder. Bidders who will require more than fifty percent (50%) of the work value to be performed by subcontractors will be deemed unqualified to perform the work. The following Contract items shall be considered specialty items and will not be included in the fifty percent (50%) requirement as stated in the Qualifications of Bidders Section of the Instruction to Bidders: Item No. Item 2563.601 Traffic Control The Bidder must readily and independently document that the Bidder possesses the experience, available personnel, equipment and financial resources for a timely and professional completion of this project. The Bidder shall submit, on the forms provided in the Proposal, the requested information that will assist the City in determining whether the Bidder is adequately prepared to fulfill the Contract. The object of the request for the Bidder’s qualifications is to make it possible for the City to have exact information of the financial ability, equipment and personnel available, past performance and experience of the Bidder in order to reduce the hazards involved in awarding a Contract to a contractor apparently not qualified to perform it, and to select only those Bidders qualified to properly complete the work. The City reserves the right to reject any Proposal where an investigation of the available evidence or information does not satisfy the City that the Bidder is qualified to carry out the terms of the Contract. The City’s decision as to qualifications of the Bidder shall be final. The City has tentatively scheduled consideration of the Contract Award for the regular City Council meeting on July 1st, 2025 at Golden Valley City Hall (7800 Golden Valley Road). This project is very complicated, and essential public transportation services must continue to be provided for during construction. Timing of the project is critical for the safety of the general public and revenue impacts to the area businesses. In addition, the City has limited financial resources to commit to the project. Accordingly, the project must be accomplished with a minimum of interruption, on time, and without cost overruns. The City believes that only a contractor with good experience in performing this kind of specialty construction is necessary for this complicated project. Therefore, the City will be considering the quality and experience of each Bidder in addition to the bid price. A Bidder will not be considered as a contractor for this project unless the Bidder receives a rating of at least 10 points, as determined by the City, using the following system for assigning points: 205 11-3 Experience rehabilitating a roadway similar in size and functions within the last five years, to the satisfaction of the owner 5 points ➢ For each additional project qualifying under the above category 1 point each Experience of the assigned job superintendent (specifically named in the Contractor Questionnaire included with the Proposal Form) in supervising construction of an urban street overlay or new installation project while under traffic similar in size and functions within the last five years, to the satisfaction of the owner 5 points ➢ For each additional project supervised that qualifies under the above category 1 point each History of initiating change orders (not at the owner’s request) that total more than 5% of the original bid within the last five years Deduct 2 points for each confirmed project History of complaints regarding completion deadlines or the quality of the work of projects within the last five years Deduct 2 points for each confirmed project The City may give partial credit for points depending upon the nature of the projects. The City will award a contract to the Bidder whose bid price, quality and experience best conform to the overall interests of the City. The City will consider the long-term value of the Contractor’s previous construction experience. The Contractor’s adaptability on previous contracts and suitability to the bid contract will be considered in determining a contract award. In addition, the Contractor will be evaluated by the Engineer, or their designate, at the completion of this project using the Post Project Evaluation form in the Appendix. The evaluation will be used to determine the Contractor’s performance on this project and aid the Engineer in determining the Contractor’s ability to perform the work on future projects. 4. STARTING AND COMPLETION TIME: The Contractor shall furnish all required bonds and insurance within two (2) weeks of the award of the Contract by the Golden Valley City Council. All work under this Contract must be completed no later than October 24, 2025 for work awarded. 206 11-4 Timely completion of this project is of the essence. If the Contractor is delayed for any reason in the commencement or performance of Contract work (other than a delay caused by acts of the City or persons acting on behalf of the City for which the City is legally responsible), to the extent such delay will prevent the Contractor from completing the Contract work (or any portion thereof) by the required completion date, the Contractor’s sole remedy for such delay shall be an extension of the applicable completion date, with such extension mutually agreed upon by the parties in writing after the City’s receipt of a written request for the extension detailing causes of the delay and the need for an extension; provided the City shall only agree to an extension to the extent such delay (i) is not caused, and could not have been anticipated, by the Contractor and (ii) could not be or have been limited or avoided by the Contractor’s timely notice to the City of the delay or reasonable likelihood that a delay will occur, and provided further, the City shall only agree to an extension if the performance of the Contract work is not, was not, or would not have been delayed by any other cause for which the Contractor is not entitled to an extension under the Contract. Without limiting the forgoing, if a conflict arises with existing private utilities during the commencement or performance of Contract work, the Contractor shall proceed to work in areas without such conflict until the conflicts are resolved. It is the express understanding of the parties with regard to all Contract work that the Contractor will undertake its performance in a manner to avoid or minimize any delays that may result from private utility conflicts or any other possible causes of delay. If any term or provision of the Contract or any application thereof is invalid or unenforceable, the remainder or the Contract and any other application of such term and provision shall not be affected thereby. 5. SCHEDULE AND CONSTRUCTION PHASING: The Contractor shall schedule all work to minimize inconvenience to residents and businesses. The Contractor will be required to submit to the Engineer for review and approval, a detailed critical path schedule a minimum of three (3) days before the pre-construction conference. The schedule must detail all controlling operations. The following requirements/operations must be included in this plan: A. Bituminous overlay within two weeks of milling the existing pavement. B. Driveway replacement within the required time constraints. C. Landscape restoration within the required time constraints. D. Completion of the project by the specified dates. Working hours for this project shall be limited to 7:00 am to 7:00 pm, Monday through Saturday, except as described in these Special Provisions, unless approved by the Engineer. The Contractor shall schedule all work to comply with this requirement. 207 11-5 The Engineer may require some work to be done at times other than those indicated if they deem it is in the best interest of the City and the property owners/businesses affected. 6. SPECIFICATIONS WHICH APPLY: The Specifications which apply to the construction of the work shown in the Plans shall be Standard Utilities Specifications for Watermain and Service Line Installation, Sanitary Sewer and Storm Sewer Installation, and Trench Excavation and Backfill/Surface Restoration, Revised 2023, 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 Provisions. Copies of the Standard Utilities Specifications are available from the Minnesota Society of Professional Engineers by calling 651.292.8860, or from the CEAM website at http://ceam.org/. Also, 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. In the event of conflicts between the above referenced specifications, the following order of priority shall apply from first to last: • These Specifications • Standard Utilities Specification prepared by the City Engineers Assoc. of MN • MnDOT Standard Specifications for Construction 7. REFERENCE: All references in the Specifications and Special Provisions to “MnDOT Standard Specifications” are intended to mean the Minnesota Department of Transportation’s “Standard Specifications for Construction,” 2020 Edition, and its supplements. All reference therein to the State, the Department, the Department of Transportation of the State of Minnesota and the Commissioner shall be read as reference to the City. 8. CONSTRUCTION MEETINGS: The Contractor shall be required to attend weekly construction meetings. Meeting time and location is to be determined at the preconstruction meetin. The Contractor must submit a two-week schedule of work at each weekly construction meeting. A bar graph schedule(s) showing the next two weeks work, and the overall project schedule must be submitted as part of the schedule. This information will be included in a newsletter distributed to residents in the project area updating them of the progress and expected construction sequencing. Failure to submit the schedule as required shall result in the City withholding any money due. In the event delays are experienced on the project due to weather or conflicts with private utility company facilities, the Contractor’s schedule must detail extra efforts to put the construction back on schedule. 208 11-6 9. SUPERVISION OF WORK AND EMERGENCY CONTACTS: The Contractor shall provide a competent, reliable superintendent to be on the project site at all times, during all phases of the construction. The superintendent shall act as the Contractor’s representative and supervise all the Contractor’s and subcontractors’ forces through all phases and operations of the work. The Contractor shall not change the superintendent for each phase or operation of the work, nor allow a subcontractor’s superintendent to act as the project superintendent. The superintendent is not to be considered a working foreman, but rather a full-time supervisory person to manage the construction of this project from start to completion. The superintendent shall have the authority to represent the Contractor in all issues that may arise and to obtain all equipment and manpower necessary to perform the work as directed by the Engineer. All orders from the Engineer shall be directed through this superintendent. The Contractor shall not replace the superintendent without written authorization from the Engineer. Replacement of the superintendent, without written authorization from the Engineer, shall be considered a failure to meet the requirements of the contract and may, at the City’s discretion, be considered default of the contract by the Contractor. No exceptions or modifications of these requirements will be accepted. The Contractor shall provide the City, at or before the pre -construction conference, with a list of emergency contacts. This list shall include a telephone number to contact the project superintendent 24 hours a day until all of the work is completed, as well as three additional 24-hour emergency contacts. 10. PRE-CONSTRUCTION CONFERENCE: Prior to the beginning of construction operations, a pre-construction conference will be held, and shall be attended by the authorized representatives of the City, the Engineer in charge of the project, utility companies, and persons of the contracting firm or firms 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. The Contractor must submit to the Engineer for approval, a traffic control plan prior to the pre-construction conference detailing how traffic will be provided throughout construction. 11. SITE CONDITIONS: The Contractor shall be required to keep the project site in a clean, orderly condition at all times. Littering of cans, bottles or other garbage/debris will not be tolerated. 209 11-7 12. MAINTENANCE OF EXISTING UTILITIES: The City has cleaned and televised all sewer lines prior to construction. The Contractor shall be responsible for keeping all utilities clean during construction. In the event debris is found during the post-construction televising of sewers, the Contractor shall be responsible for cleaning all lines to their pre-construction condition with no additional compensation. 13. CONSTRUCTION STAKING: The City of Golden Valley will set construction stakes, lines, elevations and grades for this construction as deemed necessary by the Engineer. The stakes established by the City will constitute the field control the Contractor will use to perform the work. It will be the Contractor’s responsibility to request any additional staking necessary to perform the work. The Contractor’s superintendent shall notify the Engineer a minimum of 72 hours in advance of the need for construction stakes. This advance notification requirement must be strictly adhered to. No claims for down time or delays in work due to the Contractor’s negligence to request staking as described will be permitted. The Contractor shall be responsible for the preservation of all stakes and marks established by the City or its consultants. If the Engineer determines that construction stakes have been carelessly or willfully destroyed or disturbed by the Contractor or by the Contractor’s lack of protection of the stakes, the cost of replacing the stakes will be deducted from monies due the Contractor. The City will provide the Contractor with written notice of violation of this Section one time. This written notice shall serve as notice of withholding of monies due the Contractor for the City to recover its costs for failure to comply with this Section. 14. QUALITY CONTROL AND QUALITY ASSURANCE TESTING: The Contractor shall be responsible for quality control testing in accordance with the 2023 Schedule for Material Control for 2020 Standard Specifications. All costs for such testing, in accordance with the Schedule for Material Testing shall be included in the unit prices for the items to be tested. All testing must be done by a laboratory experienced with the testing procedures required by MnDOT and approved by the Engineer. Certification of such experience shall be submitted to the Engineer at the pre-construction conference. The Contractor shall also be responsible for collecting companion samples in accordance with MnDOT Standard Specifications to verify the Contractor’s test results. Collecting companion samples shall be considered incidental for which no direct compensation shall be made. The City will be responsible for testing 210 11-8 such samples provided by the Contractor at its cost. The Contractor shall be required to contact the Engineer to be represented during sampling. 15. PROJECT ACCESS AND STAGING AREA: Construction traffic access to the project areas shall be limited to the streets being rehabilitated under this project, federal, state and county highways. The use of other routes shall be cause for ticketing. This requirement shall not waive the Contractor’s obligation to comply with existing statutes, local ordinances or any other existing laws; nor shall it waive the governing authority from assigning penalty for violating such statutes, ordinances or laws. The City has no area available for staging on this project. All impacts shall be limited to the construction limits. No extra compensation will be allowed for extra construction costs due to these restrictions. 16. UTILITY CONFLICTS: In order to minimize inconvenience to adjacent property owners and expedite the project, the Contractor shall be expected to coordinate his efforts with the private utility companies so all work can be done in a timely manner. The Contractor shall schedule or redirect his/her work to ensure that utility company relocates, installations and/or removals do not impede progress of the project. The Contractor shall also coordinate all unanticipated utility relocations or adjustments determined to be necessary to complete the work. The City will be responsible for costs incurred by the utility companies for unanticipated relocations and adjustments only in cases where prior, written authorization to perform the utility work is provided by the Engineer. Utility company contacts for this project are: CenterPoint Energy – Austin Sowers (612-321-5421) Arvig – Toby Sunderland (612-508-3895) Lumen – RJ Allison (612-388-7375) Consolidated Communications – David Cormier (612-314-2231) Comcast Cable Communications, Inc. – McClay Lyford (651-262-6600) Level 3 Communications – John Ruff (612-295-2275) MNDOT – Buck Craig (651-582-1447) Zayo – Gregory Grams (763-898-9568) Xcel Energy – Adam Barthel (612-368-6427) It is anticipated that some facilities will be in conflict with the work on this project and that the Contractor will be expected to guard and protect said facilities. No claims for extra compensation to perform the work in accordance with the Plans that 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. 211 11-9 17. EASEMENTS AND PERMITS: The City shall work to obtain all required permanent and temporary easements and permits for this project with the exception of the following: A. The Contractor shall also obtain a Stormwater Management Permit and a Right-of-Way Permit from the City of Golden Valley. The Contractor shall comply with all terms and requirements of the permits. No additional permit fees or securities will be required to obtain these permits over the Contract Performance and Payment Bonds required in Section II, Item 2, “Requirements of Contract Bond” of the General Conditions of this Contract. B. Contractor shall execute UPRR’s current form of Contractor’s Right of Entry Agreement and to comply with the requirements set forth Therein. Applicable fee shall be paid by the contractor. The City will obtain the following permits: A. MnDOT Right-Of-Way Permit for all work along Olson Memorial Highway (HWY 55). Contractor shall be required to fulfill all requirements and provide any bonds required of the permit. B. Hennepin County Right-Of-Way Permit for all work along Winnetka Avenue (CSAH 156). Contractor shall be required to fulfill all requirements and provide any bonds required of the permit. C. Construction and Maintenance Agreements with Union Pacific Railroad (UPRR). 18. UNION PACIFIC RAILROAD REQUIREMENTS: The Contractor shall conform to all Union Pacific Railroad (UPRR) requirements and associated costs required for working in UPRR right of way, including but not limited to: A. Contractor shall execute UPRR’s current form of Contractor’s Right of Entry Agreement and to comply with the requirements set forth therein. Applicable fee shall be paid by the Contractor. B. Contractor shall provide UPRR and the City at least thirty (30) working days advance notice prior to working within twenty-five (25) feet of any track, and upon UPRR’s receipt of such notice, UPRR will determine and inform the City whether a flagman needs to be present or whether Contractor needs to implement any special protective or safety measures. C. Contractor shall obtain third-party flagging as necessary. i. https://www.up.com/real_estate/third-party-flagging/index.htm 212 11-10 D. Contractor shall call UPRR at 1-800-336-9193 to locate any buried fiber optic cables prior to work within UPRR right of way. If fiber optic cable is present, Contractor shall coordinate with the City and the applicable telecommunications companies for the relocation or protection of the fiber optic cable prior to beginning any work. E. Contractor shall conform to UPRR safety requirements, including but not limited to those found in UPRR Contractor Minimum Safety Requirements (Appendix C). F. No work of any kind shall be performed, and no person, equipment, machinery, tools, materials, vehicles or other items shall be located, operated, placed or stored within twenty-five (25) feet of any track at any time for any reason except as approved by UPRR or when crossing tracks for work outside UPRR right of way. 19. MEASUREMENT AND PAYMENT: Payment for all items shall be by the unit price bid. The items and quantities shown for each section on the Proposal form are for informational purposes only. However, if work is performed on any section that does not have an item or quantity shown on the Proposal Form for the specific section but such item is shown in another section, the work will be paid for under that section. The City reserves the right to increase or decrease quantities shown on the Proposal to stay within the amount budgeted by the City. No claims for increased cost due to increased or decreased quantities shall be considered. Measurement for all items not specifically described in these Specifications shall be done in accordance with MnDOT Standard Specifications unless modified in these Specifications. 20. TREE AND LANDSCAPE PRESERVATION: Significant care must be taken to protect existing trees and shrubbery that the Engineer feels may be impacted by the construction. The Contractor will be required to meet with the City Forester (763-593-8046) on site to review procedures for successful protection of trees throughout the construction process. Special care must be taken when in close proximity to any such vegetation to prevent unnecessary cutting, breaking, or shredding of roots; wounding or scraping of trunks; smothering of root systems by stockpiling of construction materials or excavated materials within their drip lines; excess foot or vehicular traffic; or parking of vehicles within their drip lines. The Contractor shall exercise due caution to protect existing tree branches. All branches that have been damaged by the Contractor shall be properly trimmed in 213 11-11 accordance with National Arboriculture Standards by the end of the workday. The Contractor shall also notify the Engineer immediately of any damaged branches. When excavating near trees, the Contractor shall cut cleanly back to the soil line, all exposed, shredded or torn roots greater than 1-½ inch in diameter, with proper pruning equipment. The cost to cut roots shall be incidental for which there shall be no direct compensation. When excavating or sloping within fifteen (15) feet of any tree, the 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. The Contractor shall be required to provide protection to all exposed oak tree roots that are cut prior to July 1st. The Contractor shall have on site an approved wound dressing to be applied to freshly cut root ends immediately (within 10 minutes) after excavation to prevent oak wilt infection. Wound dressing will not be permitted for any other situation other than oaks damaged during construction. The Contractor shall coordinate all such work with the City Forester. 21. MOBILIZATION (2021): The lump sum for mobilization is to include all aspects of work in accordance with MnDot Standard Specification 2021. 22. SAWING CONCRETE AND BITUMINOUS PAVEMENT (2104): Sawing concrete and bituminous pavements shall be compensated for at the unit price bid for actual length of pavement sawed. Sawing shall be paid for one time only. The Contractor shall be required to take all precautions necessary to ensure that pavement is removed cleanly along all saw cut joints. Any re-sawing of bituminous or concrete pavements deemed necessary by the Engineer shall be done at the Contractor’s expense. Sawing at curb replacement and concrete driveway tie in locations shall be incidental to curb and concrete driveway pavement removals, respectfully, and will not be measured and paid for separately under this item. Since it is desirable to provide aggregate interlock between new and existing concrete slabs, walks and curb sections, if the Contractor chooses to saw existing joints in concrete walks, curbs or pavement to aid in removal, all such sawing shall be at the Contractor’s expense. Bituminous saw cuts at match points with existing pavements shall be performed immediately prior to placement of bituminous wear course. 23. REMOVALS AND SALVAGES (2104): The unit price bid for all items designated for removal shall include disposal at a site selected by the Contractor and approved by the Engineer. Items designated to be removed must be loaded 214 11-12 and taken from the project area as they are removed. In no case will removal items be allowed to remain on the project overnight without written consent of the Engineer. Failure to comply with this requirement may result in the City withholding all money due until items have been disposed of off the project. Removal of catch basin or manhole structures shall include removal and disposal of existing adjustment rings. Existing castings of structures designated for removal shall be salvaged and delivered to the City of Golden Valley Public Works building located at 7800 Golden Valley Road, Golden Valley, MN 55427 and shall be considered incidental to removal of the structure. 24. WATER USE ON PROJECT (2130): Project related water use for compaction, dust control, sod, and landscaping shall be considered incidental. Should the Engineer deem that additional water must be used on the project, the Contractor will be obligated to provide the water within two (2) hours of notification by the Engineer. The Contractor will not be charged for any project related water use. However, to receive permission to take water from hydrants the Contractor shall be required to obtain a meter from the City Utilities Maintenance Department (763-593-3962). The meter requires a one thousand eight-hundred dollar ($1,800.00) deposit, which will be refunded when the Contractor returns the meter in good condition. Upon approval from the Engineer, the Contractor shall identify the specific hydrants to be used during construction. Only hydrants approved by the Engineer will be available for use by the Contractor. 25. AGGREGATE BASE (2211): The Class 5 Aggregate Base shall be constructed in accordance with the Provisions of Section 2211 of MnDOT Standard Specifications. The aggregate base shall be compacted in accordance with MnDOT Standard Specification 2211.3C1, Specified Density Method. The Contractor may use Class 5 Recycled Aggregate. If recycled aggregate is used, the Contractor shall be responsible for providing testing certification for all recycled aggregate used. The Contractor shall provide documentation of product source and certification that recycled aggregate m eets all requirements for Class 5 (MnDOT Standard Specifications), including the percent crushing. Testing documentation shall be performed by a testing agency approved by the City. The rate of testing shall be as follows: The first test shall be performed before use on the project, and thereafter one test every 2,000 tons used. 26. BITUMINOUS SURFACE RECONDITIONING (2231): The unit price bid per square yard to Patch Bituminous Street shall be considered compensation in full 215 11-13 for all labor and equipment to repair locations along curb and gutter, driveway aprons, storm sewer installations, casting adjustments, and full pavement section removals as directed by the Engineer. Item shall include, but not limited to, bituminous material to within 2” of finish grade, subgrade preparation, and salvaging and reinstalling aggregate base and select granular material. Supplemental aggregate base and select granular material needed to match the existing pavement section shall be considered incidental to this item. Street patching mixture being utilized as a base course shall be SP 12.5 (SPNWB230C). The unit price bid per square yard to Patch Bituminous Driveway shall be considered compensation in full for all labor and equipment to reconstruct the driveway to match the existing pavement section including bituminous material (minimum 3”), subgrade preparation, and salvaging and reinstalling aggregate base. Supplemental aggregate base needed to match the existing driveway section shall be considered incidental to this item. Driveway patching mixture being utilized as a wearing course shall be SP 9.5 (SPWEA230C). 27. MILL BITUMINOUS PAVEMENT (2232): The unit price bid per square yard to Mill Bituminous Pavement shall be considered com pensation in full for all labor and equipment to mill the existing pavement surface, to the depth and width specified, in accordance with the provisions of MnDOT Standard Specification 2232, the Plans and as directed by the Engineer. Milling may not be performed until immediately prior to paving the wearing course mixture and only after obtaining written permission from the Engineer. The Contractor shall schedule the milling operation to minimize the time between milling and paving the new wearing course. Concrete replacements, casting adjustments, bituminous patching and sodding must be completed, to the extent possible, before milling will be allowed. Measurement will be made on the basis of actual area milled as determined by the Engineer from CAD drawings prepared for this project. Where directed by the Engineer, the Contractor shall use slope controls on the milling machine to correct the roadway profile based on in-place curbs. No additional compensation will be considered for use of such controls. 28. PLANT MIXED BITUMINOUS MIXTURES (2360): All bituminous mixtures shall be in conformance with MnDOT Standard Specification 2360, except as modified or supplemented herein. 216 11-14 The wearing course mixture shall be SPWEA340E. The non-wearing course mixture shall be SPNWB230C. Recycle mixtures will not be allowed for either mixture. In addition, it shall be the Contractor’s obligation to ensure the top surface is closed to the satisfaction of the Engineer. The use of coarse mixtures that do not close to the Engineer’s satisfaction shall not be permitted. The Contractor shall ensure that the wearing course mixture is placed so when compacted, the new asphalt surface will be 1/4 inch above the casting in the roadway. If the pavement is not placed to achieve this requirement, the Contractor shall, at their own expense, adjust the castings and, utilizing infrared equipment, restore the asphalt around the casting to match the adjoining pavement without a “patched” appearance to the Engineer’s complete satisfaction. No payment will be made for the work until this requirement has been satisfied. Compaction shall be obtained in accordance with MnDOT Standard Specification 2360.6B, Maximum Density Method. Density measurements by coring shall not be allowed on the wearing course. The Contractor shall provide the Engineer with certification of the person performing nuclear testing. Design of all mixtures used on this project shall be approved by MnDOT, and mix certification documentation of such shall be provided to the Engineer at least two weeks prior to placement. Bituminous tack coat shall be CSS-1h. Any structural or surface defect of the pavement which develops during the one- year warranty period described in the General Conditions of these Specifications, including, but not limited to, cracking, roller marks, settlement or heaving, or open surface condition, shall be cause for rejection and replacement of the entire patch at the Contractor’s expense. Determination of defective materials to be replaced shall be made solely by the Engineer. The unit price bid for each mixture shall be compensation in full to place and warrant such mixture as specified. All turf restoration must be complete before the wearing course on the street may be placed. 29. PIPE SEWERS (2503): Pipe Sewers shall be constructed in accordance with the provisions of MnDOT Standard Specification 2503, and the most recent version of the Standard Utilities Specifications for Sanitary Sewer and Storm Sewer Installation, as prepared by CEAM, except as modified below. 217 11-15 All joints in the reinforced concrete pipe (RCP) shall be sealed with preformed rubber gasket type seals, in accordance with MnDOT Standard Plate 3006G. No construction joints are allowed for storm sewer pipe connections. The connection to existing storm sewer pipe item shall be to the nearest joint. No concrete collars allowed unless otherwise approve in writing by the Engineer. The Connect Existing Pipe to New Structure item shall include salvaging and reinstalling existing pipe or removing and replacing existing pipe with new pipe to connect to the new storm sewer structure regardless of pipe size and type. The Contractor shall be responsible for providing all dewatering by such means as will preserve the structural stability of the trench bottom and sides and provide a dry trench for the installation of the pipe and appurtenant structures. All such dewatering, per the Engineer’s approval, shall be considered incidental to the pipe and appurtenant structures for which no direct compensation will be made. The Contractor shall supply an OSHA-approved trench box to minimize damage to adjoining landscaping due to installation of pipes and appurtenant structures. All extra costs to provide the box and install the sewer or water shall be considered incidental for which no extra compensation shall be considered. 30. ADJUST VALVE BOX (2504): Valve boxes withing the roadway shall be set to ¼- inch below the elevation of the finished pavement surface as directed by the Engineer. Valve elevations shall be verified by the Contractor within 24 hours prior to wear paving. 31. MANHOLES AND CATCH BASINS (2506): All Manholes and Catch Basins shall be constructed in accordance with the Provisions of Section 2506 of MnDOT Standard Specifications, except as modified herein. The use of a manhole debris catcher equal or equivalent to that provided by Grappler Specialty Products (www.grapplerusa.com) must be used when constructing, adjusting or reconstructing drainage structures on this project. The intent is to catch falling debris such as mortar, soil, etc. All costs related to providing and use of such product shall be considered incidental to such construction, adjustment or reconstruction of structures. The unit price bid for each type of drainage structure shall be considered compensation in full to construct each manhole, median/yard drain or catch basin complete, in-place in conformance with the Plans, including furnishing of the casting assembly. Adjustment rings and casting adjustment to final elevation shall be paid for under the Adjust Frame and Ring Castings (2506) item for each type of casting. All storm sewer structures that will have castings in the proposed curb and gutter shall be furnished with Neenah Casting Assembly R-3067-L, or approved equal. All other storm sewer castings shall be Neenah Casting Assembly R-1733 or Neenah Casting Assembly R-4342 for Median/Yard Drains, or approved equal. 218 11-16 32. ADJUST FRAME & RING CASTINGS (2506): The unit price bid for adjusting each frame and ring casting shall be considered compensation in full to set each existing manhole or catch basin casting to the elevation designated by the Engineer. The unit price shall also include patching the bituminous surface, including but not limited to, all materials, equipment and labor necessary after setting the casting to the elevation required. Payment for adjustment of new castings shall be in accordance with the item F&I Casting Assembly. Placement of the bituminous wear course must be completed within 48 hours of the completion of casting adjustments. No payment will be made for adjustments completed after the wear course has been placed. The Contractor shall adjust all castings, as directed by the Engineer, within the roadway to 1/4 inch below the finished pavement surface. The Contractor shall also replace all existing concrete adjusting rings with new HDPE rings. The Contractor shall be responsible for coordinating with private utility companies for adjustment of private utility structures determined to be necessary to complete the work in accordance with the Plans and Specifications. No claims for extra compensation to perform the work in accordance with the Plans that 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. 33. MANHOLE REHABILITATION (2506): The unit price bid per the vertical foot shall be considered compensation in full for Manhole Rehabilitation (1” Cementitious) measured from the manhole invert to the bottom of the adjustment rings and shall include the cost for fully rehabilitating the storm sewer structure, invert, and bench with 1-inch of an approved cementitious rehabilitation product. This shall also include any structure preparation work that is required to satisfactory rehabilitate the structure in accordance the Specifications, except as modified herein. Payment shall be made for structures either less than or equal to 48” diameter or greater than 48” diameter. A structure shall be considered greater than 48” diameter if at any point within the structure the diameter exceeds 48”. Once any portion of the structure exceeds 48”, the structure shall be measured and paid as though the entire structure is over 48”. A SPECIFICATION REFERENCE 1. The following referenced Specifications will apply to this Section: 219 11-17 2. CEAM Specifications No. 2015.5.a, 2015.5.b, 2015.5.c, 2015.5.d, 2621.3A5, and 2621.3B2 shall apply to manhole and catch basin rehabilitation, except as modified herein. 3. MnDOT Specifications No. 2211, 2331, 2341, 2451.3D, and 2531 shall apply to manhole and catch basin rehabilitation, except as modified herein. 4. ASTM C-94 shall apply to manhole and catch basin rehabilitation, except as modified herein. 5. MnDOT Standard Plates 6. Unless noted otherwise, the provisions in this section are in addition to the referenced specification. B SUBMITTALS 1. No references for this section. C MANHOLE MATERIALS 1. Patching Mix: a. A quick setting cementitious material will be used as a patching mix and is to be mixed and applied according to the manufacturer's recommendations and will have the following minimum requirements: (a) Compressive Strength: 1400 psi @ 6 hours (b) Shrinkage: 0% at 90% R.H. (c) Bond: 28 days, 150 psi (d) Cement Sulfate Resistant (e) Density, when applied: 105-110 pcf 2. Infiltration Control Mix and Grouts: a. The rapid setting cementitious product specifically formulated for leak control will be used to stop minor infiltration and will be mixed and applied according to the manufacturer's recommendations and will have the following minimum requirements: (a) Compressive Strength: 600 psi @ 1 hr., 1000 psi @ 24 hrs. (b) Bond: 30 psi @ 1hr., 80 psi @ 24 hrs. 220 11-18 b. A cementitious grout will be used for stopping very active infiltration and filling voids and will be mixed and applied according to the manufacturer's recommendations. The cementitious grout will be volume stable and have a minimum 28-day compressive strength of 250 psi and a 1-day strength of 50 psi. c. Chemical grouts may be used for stopping very active infiltration and will be mixed and applied per the manufacturer's recommendations. d. Oakum: Dry Oil Free Oakum, Meeting Federal Specification HH-P-117 e. Chemical grouts may be used for stopping very active infiltration and will be mixed and applied per the manufacturer's recommendations. (a) Physical Properties: (1) Tensile Strength, ASTM D-3574 or D-638: 300 to 450 psi. (2) Tensile Elongation, ASTM D-3574 or D638: 300 to 400%. (3) Toxicity, ANSI/NSF Standard 61: Non-Toxic. (b) The grout material shall be non-flammable and non-toxic when cured. (c) Acceptable Products: (1) Prime Flex 900 XLV by Prime Resins, inc. (2) CFL PURe by DeNEEF Construction Chemicals, Inc. (3) Mountain Grout Ultra by Green Mountain International, LLC. (4) ST-504 by Strata-Tech, Inc. (5) Avanti AV-202 Multigrout. (6) Approved Equal. 3. The required CEMENTITOUS MANHOLE REHABILITATION Product shall be DuraSeal CA, Mainstay ML-CA, Raven 705CA, Sherwin Williams Calcium Aluminate, Tnemic Calcium Aluminate, Quadex GeoKrete, Strong High Performance Mix or Engineer approved equal meeting or exceeding the strength specs below. a. The cementitious repair mortar product must include pure calcium aluminate and meet or exceed the following properties: (a) Minimum Compressive Strength @ 28 Days: 8,000 psi 221 11-19 (b) Minimum Split Tensile Strength @ 28 Days: 800 psi (c) Minimum Flexural Strength @ 28 Days: 1,500 psi (d) Shrinkage @ 28 Days: 0.02% max (e) Minimum Bond @ 28 Days: 2,000 psi (f) Freeze/Thaw: No visible damage after 300 cycles 4. Water: a. The water to be used will be clean and potable. Questionable water will be tested by a testing laboratory in accordance with ASTM C-94. Potable water need not be tested. 5. Other Materials: a. No other material will be used with the mixes described in CEAM Specifications No. 2015.5.a, 2015.5.b, 2015.5.c, and 2015.5.d without prior approval or recommendation from the manufacturer. D CONSTRUCTION REQUIREMENTS 1. General a. The Contractor, approved and trained by the manufacturer will furnish all labor, equipment, and materials for supplying a cementitious mix with machinery specially designed for the application. All aspects of the installation will be in accordance with the manufacturer's recommendations and with the following specifications which include: (a) The elimination of active infiltration prior to making the application. (b) The removal of any loose and unsound material and cleaning of the interior of the manhole with high-pressure water (minimum 3500 psi). Wire brushing and/or sandblasting may be required. (c) Patching of manhole walls or sewer structures if needed will be required in areas where large voids exist, such as mortar missing between bricks, around step frames, pipes, and spalled concrete. All loose or cracked and corroded material will be removed from the area to be patched, exposing a sound substrate. Patching material will be allowed to cure before applying the waterproof coating. (d) The repair and sealing of the invert and benches. (e) The application of a cementitious mix to restore a structural/structurally enhanced manhole. 222 11-20 (f) Removal and replacement of the manhole casting. b. The minimum applied thickness of the cementitious rehab product shall be no less than 1-inch in all areas. 2. Temporary Service Measures a. It will be necessary to maintain service during the construction period. Before proceeding with the project, the Contractor shall establish a work plan and submit the plan to the City Staff and Engineer for review and comment. The plan will outline the method to be used to maintain service to the affected consumers. Failure to maintain sewer service could result in direct damage claims as well as consequential damage claims against the Contractor. The Contractor is the sole party responsible to notify the City and consumers who may be affected by the interruption of service. b. If needed, the Contractor shall furnish, install and maintain equipment to bypass and control the sewage (sanitary and storm sewer) flow around the construction zone. Failure to operate and maintain the bypass equipment could result in indirect damage claims as well as consequential damage claims to the Contractor. 3. Removal of Surface Improvements a. Specification Reference CEAM 2621.3A5. b. Concrete surfaces will be sawed prior to excavation of the trench unless a construction joint is convenient to the trench limits. c. The bituminous street surface will be sawed or cut, as stated in the referenced specification, prior to the excavation of the trench. 4. Clarification and Disposition of Materials a. Specification Reference CEAM 2621.3B2. b. All debris, removed structures, pipes, culverts, bituminous surfaces, excess excavated material (not designated to be salvaged), etc. will be the property of the Contractor. The material will be disposed of following all state laws and local ordinances. 5. Preparation work a. If the flow is maintained through the manhole during the construction period, place covers over the invert to prevent extraneous material from entering the sewer. If excessive quantities of debris enter the sewer, it 223 11-21 will be the responsibility of the Contractor to clean the sewer at its own expense. b. All foreign material will be removed from the manhole wall and bench using a high-pressure water spray (minimum 1200 psi). Loose and protruding brick, mortar, and concrete will be removed using a mason's hammer and chisel, and/or scraper. Fill any large voids with a quick setting patching mix. The surface to be repaired must be clean and free of any loose materials with walls saturated with water. 6. Construction Work a. Infiltration Repair and Grouting (a) Infiltration sealing will be performed during high groundwater conditions to ensure that all leakage is identified, if possible. Some leaks may require weep holes to localize the infiltration during the application after which the weep holes will be plugged with the quick setting infiltration control mix prior to the final surface application. (b) Minor leaks will be stopped using quick-setting specially formulated infiltration control mixes and will be mixed and applied per the manufacturer's recommendations. (c) If chemical grouting is to be used, holes will be carefully drilled from within the structure and will extend completely through the wall. The grout will be pumped through the manhole wall until no more movement of grout is evident in either the drilled holes or the locations of leaks. The process will be repeated until the structure is completely sealed. All manufacturer's recommendations will be followed including pot life of the grout and insertion pressure. b. Invert Repair (a) After all the preparation has been completed, remove all loose material and wash the wall again. (b) Any bench, invert, or service line repairs will be made at this time using the quick setting patching mix and will be used per the manufacturer's recommendations. (c) Invert repair will be performed on all inverts with visible damage or infiltration. After blocking flow through the manhole, and thoroughly cleaning the invert, the quick setting patch mix (CEAM 2015.5.a) will be applied to the invert expeditiously. The mix will be troweled uniformly onto the damaged invert extending out onto the base of the manhole sufficiently to tie into the walls. The finished invert surfaces 224 11-22 will be smooth and free of ridges. The flow may be re-established in the manhole within 30 minutes after placement of the mix. (d) The invert will be channeled to a depth equal to the diameter of the downstream pipe in a manner to maintain velocity and direct the flow from the upstream pipes to the downstream. c. Bench Repair (a) The bench will be graded with a gradual slope of no less than ½-inch toward the invert. The wall bench intersection will be rounded to a uniform radius of the full circumference of the intersection. E WARRANTY 1. All manhole rehabilitation work shall be fully guaranteed by the Contractor for a period of 2 years from the date of Final Acceptance unless otherwise stipulated in writing by the Owner prior to the date of Conditional Acceptance. During this period, all serious defects discovered by the Owner or Engineer shall be removed and replaced by the Contractor in a satisfactory manner at no cost to the Owner. In addition, the Owner may conduct independent televised inspections, at its own expense, of the lining work at any time prior to the completion of the guarantee period. 34. WALKS (2521): The unit price bid for concrete walk shall be considered compensation in full to construct/reconstruct/replace the walk at random locations throughout the project in accordance with MnDOT Standard Specification 2521, the Minnesota Concrete Flatwork Specifications, these Specifications, and to the full satisfaction of the Engineer. A. Concrete Pedestrian Ramp (2521): All concrete pedestrian ramps shall be constructed in accordance with the Provisions of MnDOT Standard Specification 2521, except as modified herein. At locations where pedestrian curb ramps are to be constructed or reconstructed, removal and disposal of the in-place concrete walk, concrete curb and gutter and any sawing that may be required shall be paid for at the unit price bid for the same. The pedestrian curb ramps shall be constructed in accordance with current PROWAG standards and the detail in the Plans. The truncated dome panels shall be “Detectable Warning Plates,” Model #R4984, as manufactured by Neenah Foundry Company, Tel: 800.558.5075, or an approved equal. The unit price bid per square foot for Truncated Dome shall be considered compensation in full to install each panel designated by the Engineer. The concrete walk into which the panels are placed shall be paid on the basis of actual area of 6-inch concrete walk placed. All 225 11-23 concrete pedestrian ramp landings shall be poured separately from the slope of the ramp as shown on the Pedestrian Ramp Standard Detail sheets in the Plans. All incidental costs to construct the pedestrian ramps as specified shall be included in the unit price bid for the Truncated Dome Panel. The concrete to be used for hand-placed flatwork shall be MnDOT Mixture 3F52. However, the Contractor may, with the Engineer’s approval, modify the concrete mixture to reduce the possibility of defects. However, the unit price bid for concrete pavement shall remain the same. All extra costs for such modifications shall be borne by the Contractor. All contraction joints in new walk constructed under this contract shall be saw cut. The cost for providing the saw cut joints shall be included in the unit price bid for each thickness of walk. No additional compensation shall be considered for sawing joints in new walk. Upon completion of saw cutting the joints, the concrete walk must be cleaned to the satisfaction of the Engineer. Sawcuts shall extend to at least 30% of the walk thickness. All tooled joints constructed in the new walk shall be 1/4-inch radius to meet current PROWAG standards (expansion joints, against existing walks in the pedestrian access routes, etc.). 35. TRUNCATED DOME PANELS (2531): The unit price bid per square foot shall be considered compensation in full for all equipment, materials and labor to furnish and install truncated dome panels in conformance with MnDOT Standard Specification 2531 and the standard details in the Plans, except as modified herein. Truncated dome panels shall be Neenah Foundry Company – Cast Iron Uncoated or approved equal. 36. CONCRETE CURB AND GUTTER (2531): Concrete curb and gutter shall be placed in accordance with the provisions of MnDOT Standard Specification 2531, the Minnesota Concrete Flatwork Specifications, and these Specifications. The unit price bid shall be considered compensation in full for all equipment, materials and labor to replace defective curb and gutters as directed by the Engineer at random locations throughout the project. Curb placed under this project shall match the design of the curb and gutters it adjoins. Spot repairs as designated by the Engineer will be paid for under the bid items for removal, curb and gutter and driveway pavement. In some areas, the Engineer shall require the Contractor to hand -place curbs and pavements to avoid damage to adjacent landscaping, retaining walls, etc. No request for additional compensation shall be considered to accommodate this 226 11-24 requirement. In areas where the Contractor is required to hand-place curb and pavements, the Contractor shall remove the adjacent pavement material to allow adequate space for concrete forms. In no case shall an existing pavement edge be utilized as a form for new curb and gutter unless approved by the Engineer. Concrete delivery trucks must wash out in accordance with Minnesota Pollution Control Agency (MPCA) requirements. If the Contractor elects to provide a portable concrete washout device, they must submit information verifying compliance to MPCA requirements to the Engineer for approval before the preconstruction conference. The cost to the Contractor for adherence to this provision shall be considered incidental to the cost of the concrete placement with no direct compensation. 37. CONCRETE MEDIAN PAVEMENT (2531): The unit price bid per square foot shall be considered compensation in full to construct median and median approach noses as directed by the Engineer, and in conformance with MnDOT Standard Specifications 2521 and 2531, the Minnesota Concrete Flatwork Specifications, and the standard details in the Plans, except as modified herein. All concrete pavement repair/replacement shall be completed within one (1) day from the curb removal at each location. Failure to complete the work in accordance with this requirement may result in the City withholding all monies due until the work is completed. The concrete to be used for hand-placed pavement shall be MnDOT High Early Strength Mixture 3HE52. However, the Contractor may, with the Engineer’s approval, modify the concrete mixture to reduce the possibility of defects. However, the unit price bid for concrete pavement shall remain the same. All extra costs for such modifications shall be borne by the Contractor. 38. 7” CONCRETE PAVEMENT (2531): The unit price bid per square yard for 7-inch concrete pavement shall be considered compensat ion in full to construct aprons and driveways as directed by the Engineer, and in conformance with MnDOT Standard Specifications 2521 and 2531, the Minnesota Concrete Flatwork Specifications, and the standard details in the Plans, except as modified herein. All concrete pavement repair/replacement shall be completed within one (1) day from the curb removal at each location. Failure to complete the work in accordance with this requirement may result in the City withholding all monies due until the work is completed. The concrete to be used for hand-placed pavement shall be MnDOT High Early Strength Mixture 3HE52. However, the Contractor may, with the Engineer’s approval, modify the concrete mixture to reduce the possibility of defects. However, the unit price bid for concrete pavement shall remain the same. All extra costs for such modifications shall be borne by the Contractor. 227 11-25 Whenever the Engineer deems it necessary, the Contractor shall phase driveway and curb construction to accommodate access to businesses and handicapped residents. This will include multiple mobilizations to ensure adequate cure time on the concrete before placing traffic on it. Compliance with this requirement will not lessen the Contractor’s responsibility to warrant the work in accordance with these Specifications. 39. CONCRETE H-PATTERN CROSS GUTTER DRIVEWAY (2531): The unit price bid per square yard for 36-inch Gutter Through Driveway shall be considered compensation in full, including but not limited to, all equipment, materials and labor to construct the gutter section in accordance with MnDOT Specification 2531, the detail in the Plans, and to the satisfaction of the Engineer. Reinforcing steel used to construct the gutter in conformance with the detail in the Plans shall be included in the unit price bid per square yard with all costs considered incidental to it. The concrete to be used for H-Pattern Cross Gutter Driveway shall be MnDOT High Early Strength Mixture 3HE52. However, the Contractor may, with the Engineer’s approval, modify the concrete mixture to reduce the possibility of defects. However, the unit price bid for concrete pavement shall remain the same. All extra costs for such modifications shall be borne by the Contractor. 40. TRAFFIC CONTROL AND MAINTENANCE (2563): The Contractor shall maintain traffic at all times during construction in accordance with the current Minnesota Manual of Uniform Traffic Control Devices (MMUTCD) and its supplements, and as it may be deemed necessary by the Engineer. The Contractor shall provide, under the traffic control item, all construction signage and traffic control required for this project. 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 the Contractor or withheld from monies due. The Contractor shall be required to schedule his daily work so all excavations are filled in completely, adequate drainage is provided to prevent any water from standing on the project site and no spoil piles are left within the rights-of-way overnight except by express, written consent of the Engineer. Throughout construction, the Contractor shall provide safe and adequate access at all times for residents, property owners and emergency vehicles. Access shall include the maintaining of ingress and egress of private driveways throughout construction. Throughout the duration of construction, the Contractor shall, as much as possible, work to limit any inconveniences to local businesses and property owners. 228 11-26 The Contractor is responsible for notifying property owners of any limited access at least twenty-four (24) hours in advance. The Contractor must submit to the Engineer for approval, a traffic control plan prior to the pre- construction conference detailing how traffic will be provided throughout the construction. The traffic control plan shall be in accordance with the Minnesota Department of Transportation Right-Of-Way Permit Requirements. It is anticipated that flaggers will be required to direct traffic around work areas. The Contractor shall provide certifications of all flagmen that will be working on this project. The Contactor is also responsible for maintaining a temporary pedestrian access route during replacement of sidewalk or pedestrian ramps along the project corridor as required by current PROWAG standards. The lump sum bid for Traffic Control shall include the temporary pedestrian access route. 41. RAILROAD FLAGGING (2563): The Contractor shall secure and pay the cost for any permits required to work within the Union Pacific Railroad right-of-way. If flagging is required, the contractor shall secure a flagger from an approved 3rd party flagging company. Reimbursement for railroad flagging shall be made under the Railroad Flagging Allowance bid item. 42. PORTABLE CHANGEABLE MESSAGE SIGN (2563): The unit price bid per unit day shall be considered compensation in full to furnish and install message signs at segment termini for 7-10 days prior to the beginning of construction activities. 43. SALVAGE AND REINSTALL SIGN AND POST (2564): The unit price bid per each shall be considered compensation in full to salvage and reinstall sign units specified in accordance with MnDOT Standard Specification 2564, the Minnesota Traffic Engineering Manual, the details in the plans, and as directed by the Engineer. The unit price bid shall also include replacing sign panels and posts due to damage incurred during construction. Quantity shall be determined by the number of units salvaged and reinstalled regardless of the number of panels. New permanent Type C signs installed shall be constructed of no less than .080” flat aluminum with Telespar punching. Sheeting for all signs shall be DG3 (Diamond Grade) Series 4090 reflective sheeting manufactured by the 3M Company, or an approved equal. Posts and mounting hardware for Type C signs shall be in accordance with the plan details, applicable provisions of the Plans, Minnesota Traffic Engineering Manual and these Specifications. Signs shall be attached to posts with drive rivets and a nylon washer between rivet and sign facing. To avoid specular glare, Type C sign faces shall be mounted at approximately 93 degrees from the traveled roadway. All signs considered necessary by the Engineer shall remain in-place throughout construction. Any sign that must be removed due to construction conflicts shall be temporarily reset by the end of the day it was removed, until it may be set at 229 11-27 its permanent location. The Contractor shall receive no compensation for temporary relocations. 44. REVISE SIGNAL SYSTEM (2565): This work consists of removing and salvaging two existing traffic control signal systems; furnishing and installing materials and electrical equipment; and installing Department furnished materials as specified, to provide two complete operating new hardwire interconnected coordinated full-traffic-actuated traffic control signal systems as follows: SYSTEM “A” - at the intersection of Boone Avenue North and 7th Avenue North/Golden Valley Road in Golden Valley, Hennepin County, and SYSTEM "B" - at the intersection of Boone Avenue North and 10th Avenue North in Golden Valley, Hennepin County, In accordance with MnDOT 2565; the current edition of the National Electrical Code; the Plans; and the following: A. GENERAL 1. Revise Existing Traffic Control Signal System Revise the existing traffic control signal system as shown on the Plans and in accordance with the following: a) Remove and dispose of items of the existing traffic control signal system not being reused in the revise signal system as required by the Plans and these Special Provisions. b) Incorporate into the revise signal system in place items of the existing traffic control signal system as shown on the Plans c) Provide and install new items as required on the Plans which includes the following: 1. Conduit and conduit fittings 2. Loop detectors 3. Traffic control signal electrical cables and conductors 4. Bonding and grounding materials d) Provide and install insulated spade lugs on conductors required to be terminated e) Provide and install new labels to identify cables and conductors as required by the field wiring diagram f) Terminate cables and conductors as required to provide an operational revise signal system to the satisfaction of the Engineer 230 11-28 B. MATERIALS 1. Department Provided Materials The Department will not provide any materials and electrical equipment for the Contractor to install. 2. Buy America Use domestically manufactured products that are composed predominately of steel, iron, or both for the permanent installation of MnDOT electrical systems in accordance with 23 CFR 635.410 Buy American requirements. During the product quotation stage, inform the manufacturer that steel, and iron product must meet the Buy America requirements in accordance with 23 CFR 635.410 for either State funded or federal aid Projects. MnDOT electrical systems products required to meet Buy America include the following: a) Anchor Rods, Anchor Rod Templates, and Hardware b) Stainless Steel and Steel Light Poles c) Traffic Signal Mast Arm Poles and Bases d) Steel Screw-in Light Foundations e) PVC Coated RSC and Steel Fittings f) PVC Coated Junction Boxes g) PVC Coated Cast Steel Expansion and Deflection Fittings (23 CFR 635 Notice of nationwide waiver of Buy America for Pig Iron) h) Pole Mounting Adapter i) Navigation Light Swing Arm j) Steel Vertical Mount Tenon Adapters k) Teflon Coated F436 Structural Washers Exceptions to the Buy America requirements are existing materials salvaged and installed within the Project Site, and materials required for maintenance or temporary installations on the Project. For verifying compliance with Buy America requirements, obtain from the manufacturer two out of the three following documents: Mill Test Report (MTR) issued and signed by the fabricator stating that the materials subject to Buy America were melted and manufactured in the United States, written certifications from factory. Written certification on company letterhead and signed by an authorized representative from manufacturers providing additional treatment to the fabricated material (blasting, coating) stating the treatment process occurred in the United States. 231 11-29 Written certification on company letterhead and signed by an authorized manufacturer representative, declaring the supplied materials subject to Buy America requirements fully meet. Submit documentation to the Engineer. 3. Low Profile Hydraulic Torque Wrench Use an approved low profile hydraulic torque wrench listed on MnDOT’s APL for Lighting “Low profile hydraulic torque wrench” on the top nuts to tighten PA and BA traffic signal mast arm pole anchor rods to the required torque values specified in the MnDOT Anchor Rod Tightening Handbook. Use a working handheld digital pendant or, digital or analog gauge with the low-profile hydraulic torque wrench to ensure specified torque values have been met and can be verified in foot pounds by the installer and inspector during the tightening process. If the gauge display is in pounds per square inch (PSI), convert PSI to foot pounds and ensure the calculations are correct. Submit the PSI to foot pounds converted values to the Engineer before installing the poles. The submittal and Engineer’s review does not relieve responsibility for tightening anchor rods to the required torque values. Obtain Engineer’s approval of the wrench and provide proof of calibration done in the last 12 months from an accredited calibration service before installing the poles. 4. Grease Filled Wire Nuts Provide NRTL listed and labeled grease filled wire nuts to insulate and seal individual splices of signal control cable meeting the following requirements: a) Pre-filled twist-on wire connector b) Silicone based sealant c) UL 486C listed and labeled d) UL 486D listed for direct burial e) UL 94V-2 Flame Rating f) CSA-C22.2 NO. 188 listed g) CSA-C22.2 NO. 198.2 listed for direct burial h) RoHS Compliant i) Sized in accordance with the intended conductors being spliced 5. Accessible Pedestrian Signals (APS) Audible Pedestrian Push Button Units and Associated Traffic Control Signal Cabinet Equipment Provide Accessible Pedestrian Signals in accordance with MnDOT 3833 and as follows: 232 11-30 The APS manufacturer provided voice messages in each button as defined in this section. Ensure that the order form below is presented to the Accessible Pedestrian Signal (APS) manufacturer, so the appropriate Braille message is added to the pedestrian information sign and the correct voice messages are programmed in the pedestrian push buttons. C. CONSTRUCTION REQUIREMENTS 1. Storing Materials Store and handle Materials in accordance with 1606 “Storage of Materials”, 1607 “Handling Materials” and the manufacturer’s requirements. 2. Splicing Install grease filled wire nuts for slicing signal control cable in the base of the pole. 3. Maintenance of Existing Electrical Systems Maintain and keep in operation new and existing electrical systems in accordance with 2565.3B and as follows: Locate underground facilities of existing traffic control signal systems including temporary, and newly constructed signal systems within the limits of the construction project, for the duration of the construction project in accordance with the applicable provisions of MnDOT 1514 and in accordance with Minnesota State Statute 216D. Responsibility for locating underground traffic control signal system facilities is transferred from the City to the Contractor on the Project start date as shown on the Proposal. Repair traffic control signal system facilities damaged as the result of improperly located or unmarked underground traffic control signal system facilities within the project limits. Repair the damaged underground traffic control signal system facilities in accordance with 2545.3A, 2565.3B and construction requirements. Due to the nature of electrical systems, Partial Acceptance will not be granted because of an authorized Work suspension unless the new electrical system Work has been completed and inspected in accordance with the Contract and the new system is fully operational. Submit to the Engineer a completed Locating Responsibility Form (Appendix E), with contact information including the names and telephone 233 11-31 numbers for 24 hours a day, 7 days a week maintenance as defined in this section. Until final written acceptance of the Project by the Engineer (MnDOT 1716), locate underground traffic control signal facilities as required in this section. This Work is included in the Unit Prices of the Pay Items Traffic Control Signal System. 4. Single Nut Connection Anchor Rod Tightening Tighten traffic signal structures that use single nut connection anchor rods in accordance with the manufacturer’s installation requirements and the following. Structure bases requiring single-nut anchor rod connections are set directly on the foundation without leveling nuts. One hex nut for each ancho rod is used to fasten the base to the foundation anchor rods. Use washers in the connections in accordance with the manufacturer’s installation instructions. Use leveling shims in accordance with Standard Plate 8129 when required to level the structure base on the foundation. MnDOT traffic signal structures that require single nut connection installation includes the following: a) APS Push Button Stations Apply an approved anti-seize lubricant in accordance with 3842.A to the top threads of the anchor rods, to the threads of the nuts, and to the face of the nuts that turn into the washers. Using a calibrated torque wrench, tighten the anchor rods in three passes of 20%, 60% and 100% of the required torque values respectively and in a cross- tightening pattern for each pass. After tightening to 100% torque, let the anchor rods relax for 10 minutes then re-tighten in a cross- tightening pattern to 100% of the torque value. Tighten anchor rods for single nut connections to the required torque values shown in Table SS-2.3-2. Table SS-2.3-2 Single Nut Connection Anchor Rods-Traffic Signal Structures Structure Type 20% 60% 100% Required Torque Tightening Values-ft. Lbs APS Push Button Station 12 36 60 234 11-32 5. Compliance with NEC Article 110.24 Provide fault current calculations in accordance with 2565.3Z and as follows: Fill out the Electric Service Information Form for Traffic Control Signal Systems document (Appendix F). Provide to the Engineer, before final acceptance of the project, one copy of the Electric Service Information Form for Traffic Control Signal Systems and the Engineer will distribute the copy as follows: City of Golden Valley The Contractor provided "Electric Service Information Form for Traffic Control Signal Systems" and available fault current calculations and labeling are included in the Unit Prices of the Pay Items that are part of the Traffic Control Signal System. 6. Remove and Dispose of Conduit Except under roadway surfaces, remove and dispose of the existing traffic control signal system underground conduit, unless otherwise specified in Contract Documents or directed by the Engineer. Abandon the existing conduit under roadway surfaces, unless otherwise specified in Contract Documents or directed by the Engineer. 7. Removal Operations Remove in place Materials as specified on the Plans. Remove in-place conduit systems, cables and conductors as shown on the Plans except under roadway surfaces and within two feet of the Roadbed. Except under roadway surfaces and within two feet of the Roadbed, remove in-place conduit systems, cables and conductors no longer in service that are not shown on the Plans for removal. This Work will be paid for as Extra Work in accordance with 1402.5 “Extra Work”. Do not Abandon the in-place conduit systems, cables and conductors unless it has been determined by the Engineer, ESS, and the district traffic office that removal operations would have a direct negative impact on a structure, facility, or vegetation listed in 2572.3A “Protecting and Preserving”. Backfill trenches, holes, and depressions caused by removal operations in accordance with 2104.3E “Backfilling Depressions”. 235 11-33 Destroy removed structures not containing lead by rendering them unusable to the satisfaction of the Engineer before disposing. Dispose of Materials in accordance with 2104.3D “Disposal of Materials and Debris”. Submit to the Engineer a receipt from the facility where Materials were delivered and disposed of or recycled. The Office of Environmental Stewardship sets the policy and procedures for regulated materials management. 8. Measurement and Payment Removing in-place pedestrian push buttons at existing traffic control signal systems; furnishing and installing new materials and electrical equipment, as specified, to provide a complete operating revise signal system at the intersection of: • Boone Avenue North and 7th Avenue North/Golden Valley Road (SYSTEM A) in Golden Valley, Hennepin County, and • Boone Avenue North and 10th Avenue North (SYSTEM B) in Golden Valley, Hennepin County, as contained in these Special Provisions and as shown on the Plans will be measured as an integral unit complete in place and paid for under Item 2565,616 (REVISE SIGNAL SYSTEM “_”) at the Contract price per SYSTEM. 45. LOOP DETECTORS (2565): This Work consists of providing, installing, and making operational new saw cut or preformed rigid PVC conduit loop detectors as specified in the Contract or as directed by the Engineer when there is a roadway construction Project, or a loop replacement Project. Provide the Work in accordance with MnDOT Standard Plan 873 “Sawcut Loop Detectors” or MnDOT Standard Plan 874 “Preformed Rigid PVC Conduit Loop Detectors”, the Plans, MnDOT Spec.2565 “Traffic Control Signals” and the following in these Special Provisions. A. MATERIALS 1. Preformed Rigid PVC Conduit Loop Detector Conductors Provide conductors for preformed rigid PVC conduit loop detectors in accordance with MnDOT Spec. 3815.2B.2, “PVC Loop Detector Conductors”. 236 11-34 2. Rigid Polyvinyl Chloride (PVC) Conduit Provide PVC conduit and fittings for preformed rigid PVC conduit loop detectors and for PVC conduit raceways specified on the Plans meeting the following: a) NRTL listed meeting UL 651, “Schedule 40, 80, Type EB and A Rigid PVC Conduit and Fittings” b) Gray in color c) Smooth interior and exterior surfaces d) Schedule 80 unless otherwise Schedule 40 shown on the Plans e) With the following marked on the outside: 1. Manufacturer’s name 2. Conduit size 3. Conduit type 4. NRTL certification mark 3. Loop Detector Splice Encapsulation Kits Provide approved encapsulation kits listed on MnDOT’s APL- Signals for splicing loop detector conductors in handholes. 4. Loop Detector Sealant Provide approved loop detector sealant listed on MnDOT’s APL- Signals for installing saw-cut loop detectors. B. CONSTRUCTION REQUIREMENTS 1. Loop Detector Installation Install loop detectors in accordance with MnDOT Standard Plan 873 “Sawcut Loop Detectors” or MnDOT Standard Plan 874 “Preformed Rigid PVC Conduit Loop Detectors” as specified and shown on the Plans or as directed by the Engineer, and the following. Install loop detector conductors without splices except in handholes as specified on the Plans. The Engineer may make minor adjustments to the size and shape of saw cut loop detectors in the field at no additional cost to the Department. Install four turns of loop detector conductor for each detector. Install saw cut loop detector conductors in a clockwise direction. Remove any loop detector conductor slack within the loop detector. Provide an additional 6 feet to 10 feet of conductor length for the loop detector conductor run leading from the detector to the handhole and twist the conductors together three turns per foot. Place the twisted conductors in rigid PVC conduit to the handhole as shown on the Plans. Use an approved method in accordance with the NEC for field bending conduit to the handhole. Do not use an open flame device. 237 11-35 For saw cut loop detectors use an approved loop detector sealant listed on MnDOT’s APL-Signals to install into the saw cut. Before splicing in the handhole, clean and prepare the loop detector conductors and loop detector lead-in cable. Cut the drain wire off the loop detector lead-in cable at the point where it exists the cable jacket at the end of the cable assembly. Solder the ends of loop detector conductors to the ends of loop detector lead-in cable and terminate using the appropriate size wire nuts before placing inside the mold body of the splice kit. Abrade the surface of the lead-in cable out jacket to allow for greater adhesion to the splice kit resin. Use approved loop detector splice encapsulation kits listed on MnDOT’s APL-Signals for roadway loop detector and loop detector lead-in conductor splices. Install the loop detector splice encapsulation kit in accordance with the splice kit manufacturer’s installation instructions or obtain Engineer’s approval to use an alternative installation method. Ensure the end of the loop detector lead-in cable jacket is encased in the loop detector splice encapsulation mold and resin to form a watertight seal. Suspend and secure the resin splices towards the top of the hand hole as shown on the Plan or as directed by the Engineer. Do not place the encapsulated resin splices on top of cables and conductors. Terminate the loop detector lead-in cable assembly to the terminals located in the traffic control signal cabinet as shown on the Plan’s cabinet print. 2. Loop Detector Test Report Provide a loop detector test report in accordance with 2565.3G.2. C. MEASUREMENTS AND PAYMENT PREFORMED RIGID PVC CONDUIT LOOP DETECTOR __' X __' Providing, installing, testing, and making operational loop detectors as specified herein at the locations indicated in the Plans will each be measured as an integral unit complete in place and operating and will be paid for separately under Item No. 2565.602 (RIGID PVC LOOP DETECTOR __' X __') at the Contract price per EACH, which price shall be compensation in full for all costs incidental thereto. This item includes the following: 1. All required roadway pavement milling or removal as part of the loop detector installation. 2. Rigid PVC conduit and conduit fittings for loop detectors. 3. Roadway loop detector conductor. 4. Rigid PVC conduit from loop detector to handhole. 238 11-36 5. Splice in handhole using splice kit as specified herein. 6. Installing loop detector as detailed herein. 7. Loop detector testing and reporting. 8. Traffic Control. 46. EROSION AND SEDIMENTATION CONTROL (2573): The Contractor shall provide temporary erosion control in accordance with the provisions of MnDOT Section 2573, the Bassett Creek Watershed Management Commission, Minnesota Department of Natural Resources, Minnesota Pollution Control Agency and the Engineer. A. Street Sweeping Street sweeping shall be considered incidental to the work operations, with no additional or direct compensation. The Contractor will be required to provide proof of ability to perform the street cleaning at the pre - construction conference. This proof may include demonstration of the ability to use his or her own equipment and forces, or an executed contract with a subcontractor. All sweeping shall be done between 7:00 am and 7:00 pm daily, or more often as directed by the Engineer to prevent sediment from entering any water body or storm sewer. The Contractor shall furnish a pick-up sweeper, which actively controls dust and all trucks or other equipment the Engineer deems necessary to remove all sediment. In no case will a non-pickup broom be allowed to perform sweeping operations. Any additional street sweeping directed by the Engineer must be performed within four (4) hours of the Engineer’s order. Failure to perform ordered street sweeping within this 4 -hour period would result in the sweeping being performed by the City of Golden Valley staff (minimum charge of $400 per hour with a 2 -hour minimum) or by a contractor hired by the City. Any and all costs incurred by the City to perform street sweeping which is the Contractor’s responsibility will be deducted from the monies due to the Contractor. B. Inlet Protection The Contractor shall provide a unit price for Wimco Inlet Protection devices, or approved equal, on all inlets where water or debris may enter from this project. Information on the Wimco devices can be obtained by calling Brian Wimberger at 952-233-3055. Payment will be made on the basis of each structure protected through all phases of the work. Use of different methods for protection in order to phase the work or for the ease of the construction shall not be cause for multiple payments over one per structure. 239 11-37 47. TURF ESTABLISHMENT (2575): Turf establishment shall be performed in accordance with the Provisions of MnDOT Standard Specification 2575, except as modified herein: Topsoil meeting the requirements of MnDOT Standard Specification 3877 shall be paid by the loose volume cubic yard of topsoil imported. Salvaging and reinstalled existing, suitable topsoil shall be considered incidental to the restoration bid items. Topsoil provided shall be free of debris, rocks in excess of 1/2-inch diameter, large organic material or other materials that do not contribute to plant growth. Evidence of such deleterious materials shall be cause for rejection and replacement at Contractor expense. All curbs shall be backfilled with Topsoil Borrow meeting the requirements of MnDOT Standard Specification 3877 with no additional compensation. The Contractor shall also be required to examine the area behind the curb and remove all construction debris, including but not limited to, concrete and asphalt chunks, large stones, cement bags and cardboard fabric rolls. Seed shall be in accordance with MnDOT 3876, mixture Residential Turfgrass. Fertilizer shall be in accordance with MnDOT 3881 and be a slow-release nitrogen type, 10-20-20 and shall be considered incidental to the seed bid item. Hydraulic Matrix shall be in accordance with MnDOT 3884, Type B2. No consideration will be given to claims for extra maintenance costs for placement of the sod during the maintenance period as defined in MnDOT Standard Specification 2575. All sod that dies during the period for which the Contractor is responsible for its maintenance shall be replaced by the Contractor at their expense. Construction requirements for Hydroseeding are as follows: A. Apply slurry mixture over designated areas at a rate of 6,000 gallons per acre. B. Apply seed uniformly by hydro seeding method. C. Application rates for hydroseeding: 1. Fertilizer: 75 lbs per 1000 gallons of slurry mix 2. Hydraulic Matrix Type B2: 350 lbs per 1,000 gallons of slurry mix 3. Water: 875 gallons per 1,000 gallons of slurry mix D. Work shall consist of establishing perennial ground cover by using hydroseeder to hydraulically apply seed, water, fertilizer, and type hydraulic mulch in one operation. 240 11-38 E. This item is in accordance with MnDOT Standard Specification 2575.3M – Rapid Stablization Method with the following exceptions: 4. Contractor shall use seed mixture Residential Turfgrass in accordance with MnDOT 3876. 5. Work shall be completed within 7 days of final grading. F. Apply seed at a rate specified under MnDOT 3876, according to the specified seed mixture. 48. INTERIM PAVEMENT MARKING (2580): The unit prices bid for interim pavement marking to be used in the roadway shall be considered compensation in full to place all markings complete in place as directed by the Engineer, and in accordance with the MnDOT Standard Specification 2580. Following completion of bituminous milling, water-based paint shall be utilized to establish centerlines and turn lanes as directed by the Engineer. Payment for this work shall be made on the basis of actual linear foot of painted line regardless of line type and color. Following completion of bituminous wear paving, temporary raised pavement markers (TRPMs) shall be utilized to establish centerlines and turn lanes as directed by the Engineer. Contractor shall submit a TRPM layout plan for review prior to installation. Payment for this work shall include installation, maintenance, and removal of TRPMs prior to the installation of final pavement markings . 49. PAVEMENT MARKINGS (2582): The unit prices bid for pavement markings to be used in the roadway shall be considered compensation in full to place all markings complete in place as directed by the Engineer, and in accordance with the MnDOT Standard Specification 2582. Contractor shall be responsible for all testing as described in the relevant Specifications. Reports for all testing required shall be included in the lump sum bid price for Traffic Control. Payment for solid, broken or dashed line multi comp shall be made on the basis of actual linear foot of painted line as noted in the Plan. Each thickness and line type shall be measured separately and paid for under separate bid items, regardless of color. Payment for pavement message multi comp shall be made on the basis of actual area of painted message as noted on the Plan. Payment for crosswalk multi comp and crosswalk multi comp – special shall be made on the basis of actual square feet of painted line, regardless of color. 241 11-39 50. RESTORATION: The Contractor shall restore all adjoining property to the Engineer’s satisfaction. The Contractor shall work with adjoining property owners and the City in protecting and minimizing any damage to adjoining landscaping, sprinkler systems, or other property. 51. PROCEDURES IN THE EVENT OF A SEWAGE SPILL OR TOXIC RELEASE: In the event of a sewage or other toxic release, the 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 the Contractor on any further notification procedures. The 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. Other toxic releases must be immediately contained to prevent entering into any sewer system or water body and minimize the area of contamination. 242 APPENDICES Appendix A - Post Project Contractor Evaluator Form Appendix B - Union Pacific’s Third Party Flagging Policy Appendix C - Union Pacific’s Contractor Minimum Safety Requirements Appendix D - Accessible Pedestrian Signal (APS) Order Form Appendix E - Locating Responsibility Form Appendix F - Electric Service Information Form for Traffic Control Signal Systems Appendix G - Report of Geotechnical Exploration 243 APPENDIX A Post Project Contractor Evaluator Form 244 APPENDIX B - Post Project Contractor Evaluation Project No: __________________________________________ Contractor: __________________________________________ Date: _______________________________________________ Reviewer: ___________________________________________ (Y or N) QUALITY OF SERVICE Did the contractor damage marked utilities during the construction? When utility was damaged, did contractor take correct emergency control? Did the contractor perform maintenance of environmental BMP's without reminders? Did the contractor provide daily resident notification without reminders? Did the daily resident notification include sufficient identification of parking requirements? Were the contractor's parking requirements reasonable? Did the contractor cooperate with staff by suggesting efficient or cost saving alternatives? Did the contractor provide effective access for challenged residents and special events? Did the contractor consistently protect survey stakes throughout their use? Did any failures develop during the first five years after project completion? Did the contractor ensure all sanitary and storm sewers were kept clean throughout the construction? Did the contractor provide acceptable access to utility structures during construction? Were construction materials effectively delivered and incorporated into the project on a timely basis? Was the project site kept neat, workmanlike condition during all phases of the construction? Was debris/removal items removed in a timely manner? TIMELINESS OF PERFORMANCE Was a complete "Critical Path" schedule provide? Was the project completed on time (with City initiated change order extensions applied)? Did the contractor effectively re-direct his forces when the work was impacted by changed conditions (i.e. changing soil conditions, private utility conflicts, etc.)? Did the contractor adhere to the provided schedule closely? Did the contractor respond to lost time delays (weather conditions, etc.) effectively? CUSTOMER SATISFACTION Did the project have a history of legitimate resident complaints? Did the contractor provide adequate access at all times? Was the contractor's staff courteous? Did the contractor's staff direct questions appropriately? COST OVERRUNS What was the total cost of contractor initiated change orders (% of original contract amount) Were there any cost overruns that were due to the contractor's inability to maintain the schedule? \\oakdale4\h\GVALLEY_CI_MN\25X138286000\3_Design\B_Specs\Appendix A - Post Project Contractor Evaluation 2-4-10.xlsx 1 of 2 Pages245 APPENDIX B - Post Project Contractor Evaluation KEY PERSONNEL Was the identified project supervisor kept in charge throughout the entire project? Was the project supervisor prompt to respond to access complaints/concerns? Was the project supervisor prompt to respond to other legitimate resident concerns? Was the correct/adequate equipment and manpower provided for all operations to minimize construction time and/or provide a quality product? Did the project supervisor maintain a courteous, professional relationship with residents and/or staff? Did the project supervisor effectively anticipate and avoid negative impacts consistently? COMMENTS \\oakdale4\h\GVALLEY_CI_MN\25X138286000\3_Design\B_Specs\Appendix A - Post Project Contractor Evaluation 2-4-10.xlsx 2 of 2 Pages246 APPENDIX B Union Pacific’s Third Party Flagging Policy 247 248 APPENDIX C Union Pacific’s Contractor Minimum Safety Requirements 249 Union Pacific Railroad Contractor Minimum Safety Requirements Union Pacific Railroad Contractor Minimum Safety Requirements Page 1 of 14 ____________________________________________________ UNION PACIFIC RAILROAD COMPANY Contractor Minimum Safety Requirements Contents POLICY STATEMENT and INTRODUCTION .................................................................................................................. 2 SECTION 1: GENERAL SAFETY REQUIREMENTS .................................................................................................... 3 SECTION 2: CORE RESPONSIBILITIES .................................................................................................................... 3 SECTION 3: VEHICLE OPERATIONS ......................................................................................................................... 8 SECTION 4: TRACK AND PROPERTY SAFETY .................................................................................................... 10 SECTION 5: CRITICAL RULES .................................................................................................................................... 12 SECTION 6: TRAINING AND COMPLIANCE WITH 49 C.F.R. §243 ........................................................................ 13 SECTION 7: INFORMATION SECURITY & COMPANY PROPERTY ...................................................................... 13 SECTION 8: AUDIT ........................................................................................................................................................... 14 Last update May 2022 250 Union Pacific Railroad Contractor Minimum Safety Requirements Union Pacific Railroad Contractor Minimum Safety Requirements Page 2 of 14 POLICY STATEMENT and INTRODUCTION It is Union Pacific Railroad’s policy to conduct its business in a manner that addresses the safety of employees, contractors, customers and the communities we serve. Union Pacific will strive to prevent all incidents, accidents, injuries and occupational illnesses through the active participation of all stakeholders. The company is committed to continuous efforts to identify and manage safety risks associated with its activities. Accordingly, Union Pacific’s policy is to: • Encourage and support: • Employee engagement in workplace safety; • A Total Safety Culture; • Care for employees; Maintain infrastructure and equipment, establish documented safety management systems, provide training and conduct operations in a manner aimed at safeguarding people and property; Communicate with employees, contractors, communities and customers with respect to their roles and responsibilities surrounding rail safety. Comply with all applicable laws, regulations, rules and instructions. Respond quickly, effectively, and with care to emergencies, accidents, or incidents in cooperation with authorized government agencies; Undertake appropriate reviews and evaluations of its operations to measure progress, foster compliance with this policy and continually improve. ************************************************************************************************************* The term “Contractor”, “Contractor-in-Charge” and “Contractor Personnel” as used in this document or other reference materials applies to all non-employees at the work site including contract personnel, third party vendors, subcontractors and others within Railroad work areas owned, leased or used by Union Pacific. Depending on the type of work and the work location, there are many specific safety regulations , including but not limited to OSHA, FRA, FMCSA requirements, that Union Pacific requires its Contractors to follow. Contractors should also be prepared to comply with all safety requirements found in their agreements to perform work for Union Pacific. These safety and operational requirements are minimum safety standards required by Union Pacific and are not intended to be inclusive of all safety requirements required by rule, policy or regulation. All contractors, third party vendors and subcontractor operations must meet these standards as they apply to the work being performed under agreements with Union Pacific and are to comply with additional, specific safety requirements called for in connection with the work performed for Union Pacific. 251 Union Pacific Railroad Contractor Minimum Safety Requirements Union Pacific Railroad Contractor Minimum Safety Requirements Page 3 of 14 SECTION 1: GENERAL SAFETY REQUIREMENTS 1.1 Union Pacific requires its contractors to follow the same safety rules that govern Union Pacific employees. These include, but are not limited to, requirements related to work gear, equipment, and safety conduct, reporting, prohibitions against weapons, drugs & alcohol, and fires. 1.2 Railroad management is authorized to take any actions necessary to prevent injuries to any person, damage to railroad property, disruption of railroad operation, and the safety of the public. 1.3 The Contractor is responsible for the safety of its personnel, subcontractors, and any vendors or material/delivery drivers working on behalf of the Contractor. 1.4 Contractor Personnel must be familiar with and obey all rules, regulations, and instructions applicable to their duties and work location prior to performing work. The Contractor is responsible for training Contractor Personnel to be prepared to work in compliance with all applicable standards and requirements. 1.5 Any questions regarding this information should be directed to the Union Pacific manager in charge of the work location. SECTION 2: CORE RESPONSIBILITIES 2.1 Contractor Personnel are empowered to work safely and must: • Be responsible for personal safety and accountable for their behavior; • Correct or protect any unsafe condition or practice and report to proper authority; • Maintain situational awareness; • Work within the limits of physical capabilities. Excessive force must not be used to accomplish tasks; • Comply with instructions pertinent to their work responsibilities. 2.2 Instructions, Rules and Standard Work: Copies of the current UPRR Safety Rules, General Code of Operating Rules, standard work, site- specific directives can be obtained from the UPRR manager in charge of each work location. Any questions or concerns should be addressed to the UPRR manager in charge of each work location. Contractors who have access to Union Pacific’s internal website may access timetables, subdivision general orders, and system general orders by selecting Departments, then select Operating. Next select Union Pacific Rules, and then click on the desired link from the Electronic Rules, Bulletins and Timetable (ERT) page. 252 Union Pacific Railroad Contractor Minimum Safety Requirements Union Pacific Railroad Contractor Minimum Safety Requirements Page 4 of 14 2.3 Identification and Permission to Enter Work Site: • All Contractor Personnel must have a valid contractor badge and/or an eRailsafe Badge where applicable or readily show identification showing employment with the Contractor. • Contractor Personnel must conduct themselves in a safe manner that does not expose Union Pacific, themselves or any other person to risk of property damage and /or personal injury. This includes compliance with all Union Pacific rules related to working on or around tracks and equipment. • Permission granted to enter upon Union Pacific premises will be used solely in connection with an authorized purpose and will terminate once that purpose is accomplished. 2.4 Job Briefings: Must be conducted with all individuals involved in the task before work begins and if the work plan or work group changes. The job briefing must: • Consider existing and potential hazards that might be involved as a result of: ✓ Weather, ✓ Scope of work; and ✓ Tools and equipment. • Identify PPE requirements. • Review electronic device use restrictions. • Assign responsibility. • Explain group / individual assignments, while considering abilities and experience. • Be aware of work groups and equipment in work area. • Identify job location. • Verify understanding of instructions and assignments. For complex jobs: • Brief only a portion of the job, and • Conduct additional briefing(s) as the job progresses. 2.5 Personal Protective Equipment and Proper Attire: Protective Equipment (PPE) used on duty must: • Be approved by the Safety Department; • Only be used as intended; • Be used where conditions of the job require and in accordance with rules; instructions, or directions from supervisor; • Not be altered or used if altered. Complete and sign the job briefing document when applicable. 253 Union Pacific Railroad Contractor Minimum Safety Requirements Union Pacific Railroad Contractor Minimum Safety Requirements Page 5 of 14 Anyone entering designated areas or working near others wearing PPE must also wear the required PPE. Keep all PPE issued in good condition, properly fitted, and replace as required in order to maintain the intended protection. Wear clothing that allows the person to perform duties safely and efficiently. Contractors must wear PPE high visible outerwear color defined by the employing Union Pacific department. Clothing must not: • Interfere with vision, hearing and free use of hands and/or feet; • Block peripheral vision. When hooded sweatshirts and/or coats or similar type clothing are worn, they must be secured around the face to prevent the blocking of peripheral vision; • Be torn, baggy, ragged, loose, or worn so that it could snag easily or catch on cars, engines, tools, machinery or other equipment but must allow freedom of movement. This includes neckties or similar clothing. When working outside, Contractor Personnel must wear: • Pants that cover the legs; • Shirts with at least quarter-length sleeves that cover the back, shoulders, chest, abdomen and provide protection from sun, insects, abrasions or scratches. Jewelry that may affect one’s safe performance of their duties must not be worn. Hair, including beards, must be worn in a manner to permit safe performance of duties. While on duty or on company property, employees must wear footwear that meets the following requirements (Rule 71.7): • Boot height must be a minimum of 6 inches or more when measured from the floor to the topmost part. At no time should the measurement from the floor to any part of the collar be less than 4 1/2 inches. • Boots must be lace up. • Have soles that provide good traction, thick enough to withstand punctures, not exc essively worn, or have loose soles or heels. • A defined heel ('Riding heels' are NOT approved) as illustrated below, the back of which is at an approximate right angle from the sole of the shoe and from the ground when standing. The front of the heel must not be at an angle of less than 45 degrees from the sole of the shoe to the ground. Approved snow packs are acceptable. Defined heel means a heel 1/2" deeper than the rest of the sole when new. At no time should that measurement be less than 1/4". 254 Union Pacific Railroad Contractor Minimum Safety Requirements Union Pacific Railroad Contractor Minimum Safety Requirements Page 6 of 14 • Footwear as defined by OSHA Standard 1910.136, ANSI Z41.1, ASTM F-2412-11, ASTM F-2413-11 and Standard Class #75 for safety toe footwear must be worn by all employees except TE&Y. Footwear meeting requirements shown above are not required in: • Offices, lunchrooms, and similar areas. • Automobiles. • Areas specifically designated by the department head or • Parking areas when tracks will not be fouled. 2.6 Use of Electronic Devices: Contractor Personnel shall not use an electronic device while on duty if that use would interfere with the performance of safety-related duties. The restrictions in 49 CFR §220 and Union Pacific Rules 2.21 and 74.3 regarding electronic device use apply to Contractor Personnel. The rules do not affect the use of railroad radios under FRA regulations. Contractor Personnel authorized to use work-related electronic devices are prohibited from using such devices when: • In a red zone or work location where safety sensitive duties are being performed. Red Zone is defined as: Anytime an employee is working within an area where there is the potential to be struck by moving equipment, when required to work on under or between equipment, when working with or around machinery or when entering control operator/train dispatcher work stations; • Operating any equipment; • Any Contractor Personnel are on the ground fouling the track or on moving or rolling equipment; • Anyone is assisting in preparation of a train, engine or on-track equipment for movement. • It is necessary to verbally obtain or release mandatory directives when radio communication is available; • Fueling a vehicle; • Standing or walking on a roadway. Unless required to be powered on for purposes of timely, automated updating or transmission of information, work-related electronic devices must be powered off with any earpiece removed from the ear, and stowed when not in use. Operators of over the road trucks, passenger vehicles and repair type vehicles are permitted to use cell phones only when a hands free device is used along with voice activated or speed dialing or when parked in designated parking areas. The use of a cell phone for anything other than voice communication is prohibited while operating a motor vehicle. Use of electronic devices is permitted only in break areas, office areas or in parked passenger or over the road type vehicles in designated parking areas. Gate lanes are not designated parking areas for this purpose. 255 Union Pacific Railroad Contractor Minimum Safety Requirements Union Pacific Railroad Contractor Minimum Safety Requirements Page 7 of 14 2.7 Fire Prevention: No open fires are permitted on railroad property or in connection with any railroad project or activity. Fire prevention is accomplished by: • Maintaining good housekeeping; • Not allowing the accumulation of combustible materials and debris; • Ensuring that fire doors, windows, stairways, fire escapes, passageways, and roadways are in good condition, not blocked, and free from obstruction; • Maintaining access to firefighting equipment; • Ensuring that catalytic converters, exhaust systems, and exhaust gases do not come in contact with dry grass, weeds, or flammable material. • All contractors who may perform hot work are required to have a fire prevention plan that adheres to OSHA Standard 1910.39. • When performing hot work without supervision of a Union Pacific employee in charge, the contractor must adhere to the contractor’s fire prevention plan. • When performing hot work under the supervision of a Union Pacific employee in charge, you must adhere to the applicable Union Pacific Fire Prevention Plan. Immediately correct and/or inform a supervisor of a potential fire hazard. 2.8 Smoking: Smoking, including the use of electronic smoking devices, is prohibited at the following locations and activities: 1. All Union Pacific property, whether owned or leased, including mechanical facilities, along the right-of-way, in office buildings, and all service unit facilities and yards ; 2. In or near building entrances and contiguous sidewalks; 3. In locomotive cabs, cabooses, bunk cars, company vehicles, and similar equipment; 4. In meetings held at off-site locations. 2.9 Weapons: Union Pacific employees and all other individuals on Company property or involved in Union Pacific business off Company property are prohibited from possessing or hiding weapons in facilities, equipment, or vehicles used in operations while on such property, or on their persons, which includes but is not limited to grips, suitcases, gym bags and purses. This prohibition applies even if the individual is licensed to carry a concealed handgun under state law. Only Union Pacific Police and on-duty law enforcement officers acting in an official capacity are authorized to possess weapons on Company property. A "weapon" shall mean any device, instrument, material or substance (animate or inanimate) that is used to threaten, or is capable of causing, death or bodily injury. This prohibition includes but is not limited to firearms, knives with a blade longer than three inches, tasers, stun guns and pepper sprays. Union Pacific Police are authorized to make the final determination of whether a particular item constitutes a weapon under this policy. 2.10 Drugs and Alcohol: 256 Union Pacific Railroad Contractor Minimum Safety Requirements Union Pacific Railroad Contractor Minimum Safety Requirements Page 8 of 14 Contractor Personnel must not have any prohibited substances in their bodily fluids when reporting for duty, while on duty or while on Union Pacific property. The use or possession of, alcoholic beverages while on duty or on Union Pacific property is prohibited. The use or possession of intoxicants, over-the-counter or prescription drugs, narcotics, controlled substances, or medication that may adversely affect safe performance is prohibited while on duty or on Union Pacific property. Prohibited drugs include “controlled substances” on Schedule I through V of the Federal Controlled Substances Act, as revised. Controlled substances are listed in 21 CFR Part 1308. The controlled substances list includes illegal drugs (Schedule I) and those that are distributed only by medical practitioner’s prescription or other authorization (Schedules II through IV, and some drugs on Schedule V), and certain preparations for which distribution is through documented over-the- counter sales (Schedule V only). Pre-employment and random testing is required when 49 CFR 219 and 49 CFR 382 applies and contractors will be in compliance with part CFR Part 40 regulations accordingly. Proof of this testing is required through periodic audits and/or reports. All contractors are required to comply with 49 CFR 219 and 382 pre -employment, suspicion, post accident, and random testing as it applies to duties performed by contract employee s on Union Pacific property. Drug and alcohol testing will be in compliance with 49 CFR part 40 regulations. Proof of testing will be required through periodic audits and/or reports as required by regulation. 2.11 Reporting: All cases of personal injury, while on duty or on company property, must be immediately reported to the proper manager and the prescribed form completed. All cases of occupational illness must be immediately reported to the proper manager and the prescribed form completed. Because railroads are required by federal regulations to report injuries and occupational illnesses that meet certain medical treatment criteria, Contractor Personnel must report to their manager any medical treatment they receive that was directly related to their injury or illness, including any follow -up visits. Contractor Personnel must immediately contact the Union Pacific Railroad Response Management Communications Center (RMCC) at 1-888-UPRRCOP (877-7267) or local law enforcement authorities to remove trespassers, etc. on company property. All environmental hazards caused by or observed by the contractor should be reported to RMCC and the local Union Pacific manager responsible for the facility as soon as practical. This does not relieve the Contractor of any obligations to properly report injuries in accordance with any laws or regulations (e.g., OSHA requirements). SECTION 3: VEHICLE OPERATIONS 3.1 Seat Belts: All vehicle occupants must use seat belts, where provided. This includes: • Company vehicles; • Privately-owned vehicles used on company business; • Leased, rented or contract vehicles; 257 Union Pacific Railroad Contractor Minimum Safety Requirements Union Pacific Railroad Contractor Minimum Safety Requirements Page 9 of 14 • Hi-rail vehicles on and off the rail; • Operating material handling or utility type vehicles, if so equipped (i.e. forklifts, mobile cranes, mules, utility trucks, etc). • Engineering work equipment as outlined in the "Engineering Seat Belt Matrix" The driver must not move a vehicle until assured all passengers are seated and have their seat belts fastened in proper restraining position. Exception: Seat belt use is not required if vehicle is not exceeding 5 mph and vehicle is used during the task of inspecting cars, coupling air hoses or changing brake shoes. 3.2 Driver Responsibilities: Drivers are required to: • Know and observe all local, state, and federal laws and regulations governing vehicle operation; • Use courtesy, consideration, and common sense to prevent accidents and control situations encountered that cannot be provided for in the law; • Obey posted speed limits and the following maximum speed for all Company vehicles regardless of posted speed: o 75 MPH for vehicles weighing less than 10,000 lbs. o 65 MPH for vehicles weighing 10,000 lbs or greater. • Not exceed a safe and prudent speed for their vehicle when weather, traffic, road condition, vehicle load or any other prevailing condition necessitates ope rating at a lower speed. • Ensure that required emergency equipment and tools are in the vehicle. • Maintain good housekeeping; • Ensure loose items are not kept on the dash or rear window shelf; • Ensure tools, equipment, material and freight are properly secured; • Ensure Gross Vehicle Weight Rating (GVWR) of vehicle is not exceeded; • Ensure headlights or running lights are on while vehicle is moving. Drivers must not drive when suffering fatigue, lack of sleep, illness, or any other physical condition which may affect alertness and ability to operate the vehicle safely . 3.3 Operating Yard Vehicles: Only qualified, authorized drivers are permitted to operate yard vehicles. Compliance with other vehicle rules including speed and inspection also apply to operating all vehicles. Reckless or careless driving is prohibited. Operators of vehicles must not: • Make adjustments or disable any speed limiting devices; • Park the vehicle foul of any railroad track; • Park vehicle to foul a portion of a roadway unless proper warning to approaching traffic is provided; • Cut through empty parking stalls; • Pull through parking stalls; • Cross over yellow crane safety distance lines; • Drive under or park under overhead cranes; • Enter a protected work area; 258 Union Pacific Railroad Contractor Minimum Safety Requirements Union Pacific Railroad Contractor Minimum Safety Requirements Page 10 of 14 • Pass any vehicle on the right side of the roadway. 3.4 Back-Up Moves: Work must be planned to minimize back -up moves and to avoid driving into areas requiring back-up moves. No back-up move is allowed when a forward move can safely be made. Employee(s) in the cab of a vehicle must not distract the driver with unnecessary conversation or other distractions until the back-up move is completed, except in case of emergency. Unless vehicle is equipped with an operative rear vision camera, before initiating a back-up move driver must: • Walk to the rear of the vehicle to confirm that it is safe to move unless a second person is directing the move in accordance with Union Pacific safety rule requirements. • Look in the direction of movement. • Sound horn prior to back up move if back up alarm is inoperative or unavailable. • Not exceed 5 MPH; conditions may require a lower speed. 3.5 Crossings: Drivers must approach railroad crossings prepared to sto p. Before crossing track(s) where visibility is impaired by railroad equipment or other obstruction that prevents a clear view of approaching trains, the driver of the vehicle must: • Stop the vehicle and verify (by either a flagman or personal observation) there will be no movement on the track(s) being crossed, or • Use an alternate crossing. Vehicles designed to transport 16 or more passengers including the driver or placarded vehicles must stop at all highway railroad crossings at grade . Drivers must stop before proceeding over any crossing within a yard. This includes crossings where no stop sign is posted. Only one stop is required for multiple crossings. SECTION 4: TRACK AND PROPERTY SAFETY 4.0 On Track and Off Track Work Equipment It is the responsibility of the Contractor-In-Charge to ensure that all on track and/or off track work equipment is in a safe condition to operate. There must be a written inspection process regarding daily, weekly and other periodic inspections for work e quipment operated on Union Pacific property, including inspections mandated by FRA, AAR, OSHA and/or other government agencies. In addition to the inspection process there must be a written maintenance process that includes timelines regarding resolution of safety sensitive defects. If, in the opinion of the Railroad Representative, any of the Contractors equipment is unsafe for use, the Contractor shall remove such equipment from the railroads property. The Contractor -In-Charge must ensure that there is a written training and qualification process for operators and support personnel regarding operation of such equipment. Written documentation of training and qualification must be carried by Contractor employees. In addition: 259 Union Pacific Railroad Contractor Minimum Safety Requirements Union Pacific Railroad Contractor Minimum Safety Requirements Page 11 of 14 • The operators of all work equipment must be properly trained and competent in the safe operation of the equipment. Operators must be: ✓ Familiar and comply with OSHA regulations on lockout/tagout of work equipment. ✓ Familiar and comply with FRA Regulation Title 49CFR214 Subpart D dealing with Roadway Maintenance Machine Safety. ✓ Trained in and comply with the applicable operating rules if operating any hy -rail equipment on-track. ✓ Trained in and comply with the applicable air brake rules if operating any equipment that moves rail cars or any other rail-bound equipment. ✓ Comply with the FRA’s Roadway Worker Protection regulations as required by 49 CFR 214.343 • The operator’s manual, which includes instructions for safe operation, must be kept with each machine. • All self-propelled equipment is equipped with fire extinguisher and audible back-up warning device. • Unless otherwise authorized by the Railroad Representative, all unattended equipment is parked a minimum of 25 feet from any track and minimum of 250 feet from any road crossing. Before leaving any equipment unattended, the operator must stop the engine and properly secure the equipment against movement. • Cranes are equipped with three orange cones that will be used to mark the working area of the boom and load and the minimum clearances to overhead power lines. All overhead lines are considered to be high voltage. • All moves are well communicated by the Contractor-In-Charge and coordinated with other Contractor Employees and the Railroad Representative at the job site. Emergency signals to stop movements may be given by anyone. • No equipment is moved or coupled into while under any color signal protection of workmen. • No handbrakes are released on rolling equipment unless authorized by Railroad Representative. • No derails are applied or removed without Railroad Representative permission. • The Contractor shall provide its own Hazardous Energy Control (Lock -out/Tag-out) procedures and devices to prevent injury to Railroad and Contractor Employees from unexpected energization, start-up, or release of stored power in machines with which they are working. 260 Union Pacific Railroad Contractor Minimum Safety Requirements Union Pacific Railroad Contractor Minimum Safety Requirements Page 12 of 14 • The Contractor shall comply with all requirements of the U.S. Occupational Safety and Health Administration (OSHA) Standard 29 CFR 1910.147 on controlling hazardous energy 4.1 Working Around Live Tracks (Red Zones) Prior to beginning work on live track the Contractor-In-Charge must notify a Railroad representative and a job briefing must be conducted with the Railroad representative. Contractors are governed by FRA Roadway Worker Protection regulations, referenced in 49CFR214, Subpart C, which requires some form of On-Track Safety prior to fouling any track. Red Zones are defined as “Anytime an employee is working within an area where there is the potential to be struck by moving equipment, when required to work on under or between equipment, when working with or around machinery or when entering control operator/train dispatcher work stations”. The following two rules are key to Red Zone compliance. 1. Alert to Train Movement Contractor Employees must expect the movement of trains, engines, cars or other moveable equipment at any time, on any track and in either direction. Do not rely on hearing the approach of a train or equipment. 2. Sufficient Distance Maintain a safe distance from equipment and DO NOT: • Cross or step foul of tracks closely in front of or behind moving equipment or close to the end of equipment. • Go around the end of equipment unless there is at least 20 feet between the employee and the equipment. • Go between equipment if the separation is less than 100 feet Use three-point contact when getting on and off locomotives and cars. In locomotive and car repair facilities where equipment has been spotted for repair, and the distance between that equipment or around the end of equipment is less than specified, Contractor Employees may go between or around the equipment provided that the equipment is under Blue Signal Protection of Workmen in accordance with GCOR Rule 5.13 and the employee knows that no movement will be made by the equipment. These are two of many Red Zone rules that deal with moving equipment. Any questions that arise related to working in the Red Zone should be directed to the Railroad Representative. SECTION 5: CRITICAL RULES “Critical rules” are applicable to Union Pacific employees and Contractor Personnel. Noncompliance with these rules could potentially result in serious or life-threatening consequences 261 Union Pacific Railroad Contractor Minimum Safety Requirements Union Pacific Railroad Contractor Minimum Safety Requirements Page 13 of 14 for Contractor Personnel performing safety sensitive work or the public or could compromise safe railroad operations. These rules include repeated or deliberate failure to comply with instructions. Each department or work area must comply with the specific regulatory, rules and policy requirements associated with the work performed. It is the Contractor ’s responsibility to ensure all Contractor Personnel are trained regarding the rules, policies and regulations applicable to their work prior to performing their duties. Rules, policies and regulations are updated periodically, and it is the responsibility of the Contractor to be in compliance with the most recent versions of those requirements. SECTION 6: TRAINING AND COMPLIANCE WITH 49 C.F.R. §243 All Contractor Personnel must be trained in accordance with all regulatory and Union Pacific safety requirements prior to performing work. The Contractor is responsible for ensuring all Contractor Personnel have in their possession any required identification, certifications and licenses necessary when performing work for Union Pacific. Contractors who employ Personnel who perform safety-related railroad work as defined in 49 C.F. R. §243 for Union Pacific must ensure that any person they employ is trained and qualified to comply with any relevant Federal railroad safety laws, regulations, and orders, as well as any relevant railroad rules and procedures promulgated to implement those Federal railroad safety laws, regulations, and orders. Part 243 contains the general minimum training and qualification requirements for each category and subcategory of safety-related railroad work. Contractors must certify their compliance with the contents of 49 C.F.R. §243, including those aspects of training that are specific to the Union Pacific’s rules and procedures. SECTION 7: INFORMATION SECURITY & COMPANY PROPERTY All physical property and business information the Company acquires and produces, in any form, constitutes a corporate asset. The ownership, usage, dissemination, storage, or formulation of information, as well as all physical and computer systems used to process, transmit, or store data, belong to the Company. It is the responsibility of every user to guard against unauthorized use or disclosure of Company assets. Anyone working for or on behalf of a Union Pacific may not divert to his or her personal benefit any invention, know-how, technology or computer program developed or learned of in the course of his or her employment. Each person who is issued a User ID is responsible for the confidentiality of the password, and for any action performed with that User ID. Once a User ID is assigned, it shall identify the same person on all systems. A User ID and password is the individual’s computer security credentials. A User ID and password are an individual’s authorization for secure access and to track the identity of the user when accessing UP computer systems. Loaning out use of security credentials or sharing passwords with others is strictly prohibited. Each individual is personally accountable for all activity that is associated with an assigned computer security credentials. 262 Union Pacific Railroad Contractor Minimum Safety Requirements Union Pacific Railroad Contractor Minimum Safety Requirements Page 14 of 14 SECTION 8: AUDIT Contractors are responsible for audit, oversight and any periodic testing required by regulation or Union Pacific. Contractors are subject to safety audits by Union Pacific management and supervisors at any time. I have the courage to care. Worn with a lion's pride, it means those I work with will have my back, and I will have theirs. I pledge to shield myself and my team from harm. I will take action to keep them safe, by fixing an unsafe situation, addressing an unsafe behavior or stopping the line. In turn, I will have the courage to accept the same actions from my coworkers, who care enough to correct my path. We wear this badge out of respect for each other and those who have gone before us. On my watch, we will all go home safe to our families every day. 263 City Project No. 24-07 5/5/2025 1-SS Accessible Pedestrian Signal (APS) ORDER FORM (Fill out one form per intersection) Intersection: Boone Avenue North and 7th Avenue North/Golden Valley Road System I.D. ___________ T.E. No. ___________ Total Number of Pedestrian Push Buttons 8 Field Wiring Interface Board: One needed for each intersection Qty: 1 CCU (Central Control Unit): One needed for each intersection Qty: 1 Push Button and Sign Braille Information Button Arrow Direction R/L Street Name (Street Being Crossed) PB2-1 L PB2-1 Golden Valley PB2-2 R PB2-2 Golden Valley PB4-1 L PB4-1 Boone PB4-2 R PB4-2 Boone PB6-1 L PB6-1 Seventh PB6-2 R PB6-2 Seventh PB8-1 L PB8-1 Boone PB8-2 R PB8-2 Boone Custom Voice Message Details Voice on Location and Walk Message(s) Please give phonetic pronunciation on difficult street names so that the message will be recorded correctly. *Note that unless Street, Drive, Avenue etc.…are necessary for intersection identification, it is recommended to not include them in the verbal message. 264 City Project No. 24-07 5/5/2025 2-SS PB2-1 Wait Message: Wait to Cross Golden Valley at Boone (Street Being Crossed) (Intersecting Street) Walk Message: Walk sign is on to cross Golden Valley Golden Valley (Street Being Crossed) (Street Being Crossed) PB2-2 Wait Message: Wait to Cross Golden Valley at Boone (Street Being Crossed) (Intersecting Street) Walk Message: Walk sign is on to cross Golden Valley Golden Valley (Street Being Crossed) (Street Being Crossed) PB4-1 Wait Message: Wait to Cross Boone at Seventh (Street Being Crossed) (Intersecting Street) Walk Message: Walk sign is on to cross Boone Boone (Street Being Crossed) (Street Being Crossed) PB4-2 Wait Message: Wait to Cross Boone at Golden Valley (Street Being Crossed) (Intersecting Street) Walk Message: Walk sign is on to cross Boone Boone (Street Being Crossed) (Street Being Crossed) 265 City Project No. 24-07 5/5/2025 3-SS PB6-1 Wait Message: Wait to Cross Seventh at Boone (Street Being Crossed) (Intersecting Street) Walk Message: Walk sign is on to cross Seventh Seventh (Street Being Crossed) (Street Being Crossed) PB6-2 Wait Message: Wait to Cross Seventh at Boone (Street Being Crossed) (Intersecting Street) Walk Message: Walk sign is on to cross Seventh Seventh (Street Being Crossed) (Street Being Crossed) PB8-1 Wait Message: Wait to Cross Boone at Golden Valley (Street Being Crossed) (Intersecting Street) Walk Message: Walk sign is on to cross Boone Boone (Street Being Crossed) (Street Being Crossed) PB8-2 Wait Message: Wait to Cross Boone at Seventh (Street Being Crossed) (Intersecting Street) Walk Message: Walk sign is on to cross Boone Boone (Street Being Crossed) (Street Being Crossed) 266 City Project No. 24-07 5/5/2025 4-SS Accessible Pedestrian Signal (APS) ORDER FORM (Fill out one form per intersection) Intersection: Boone Avenue North and 10th Avenue North System I.D. ___________ T.E. No. ___________ Total Number of Pedestrian Push Buttons 8 Field Wiring Interface Board: One needed for each intersection Qty: 1 CCU (Central Control Unit): One needed for each intersection Qty: 1 Push Button and Sign Braille Information Button Arrow Direction R/L Street Name (Street Being Crossed) PB2-1 L PB2-1 Tenth PB2-2 R PB2-2 Tenth PB4-1 L PB4-1 Boone PB4-2 R PB4-2 Boone PB6-1 L PB6-1 Tenth PB6-2 R PB6-2 Tenth PB8-1 L PB8-1 Boone PB8-2 R PB8-2 Boone Custom Voice Message Details Voice on Location and Walk Message(s) Please give phonetic pronunciation on difficult street names so that the message will be recorded correctly. *Note that unless Street, Drive, Avenue etc.…are necessary for intersection identification, it is recommended to not include them in the verbal message. 267 City Project No. 24-07 5/5/2025 5-SS PB2-1 Wait Message: Wait to Cross Tenth at Boone (Street Being Crossed) (Intersecting Street) Walk Message: Walk sign is on to cross Tenth Tenth (Street Being Crossed) (Street Being Crossed) PB2-2 Wait Message: Wait to Cross Tenth at Boone (Street Being Crossed) (Intersecting Street) Walk Message: Walk sign is on to cross Tenth Tenth (Street Being Crossed) (Street Being Crossed) PB4-1 Wait Message: Wait to Cross Boone at Tenth (Street Being Crossed) (Intersecting Street) Walk Message: Walk sign is on to cross Boone Boone (Street Being Crossed) (Street Being Crossed) PB4-2 Wait Message: Wait to Cross Boone at Tenth (Street Being Crossed) (Intersecting Street) Walk Message: Walk sign is on to cross Boone Boone (Street Being Crossed) (Street Being Crossed) 268 City Project No. 24-07 5/5/2025 6-SS PB6-1 Wait Message: Wait to Cross Tenth at Boone (Street Being Crossed) (Intersecting Street) Walk Message: Walk sign is on to cross Tenth Tenth (Street Being Crossed) (Street Being Crossed) PB6-2 Wait Message: Wait to Cross Tenth at Boone (Street Being Crossed) (Intersecting Street) Walk Message: Walk sign is on to cross Tenth Tenth (Street Being Crossed) (Street Being Crossed) PB8-1 Wait Message: Wait to Cross Boone at Tenth (Street Being Crossed) (Intersecting Street) Walk Message: Walk sign is on to cross Boone Boone (Street Being Crossed) (Street Being Crossed) PB8-2 Wait Message: Wait to Cross Boone at Tenth (Street Being Crossed) (Intersecting Street) Walk Message: Walk sign is on to cross Boone Boone (Street Being Crossed) (Street Being Crossed) 269 APPENDIX D Accessible Pedestrian Signal (APS) Order Form 270 APPENDIX E Appendix E - Locating Responsibility Form 271 Locating Responsibility Form Job S.P. Number __________________________________ Job Type __________________________________ Start Date __________________________________ End Date __________________________________ T.H. __________________________________ Location __________________________________ Lighting/ Signal Inspector __________________________________ Contractor __________________________________ Contractor (24 Hour Contact) __________________________________ Project Manager __________________________________ Phone Number __________________________________ Fax Number __________________________________ Email __________________________________ Electrician __________________________________ Phone Number __________________________________ Locator Area __________________________________ Project Engineer __________________________________ Phone Number __________________________________ Chief Inspector __________________________________ Phone Number __________________________________ Weekly Meeting __________________________________ 272 APPENDIX F Electric Service Information Form for Traffic Control Signal Systems 273 274 APPENDIX G Results of Geotechnical Exploration 275 550 Cleveland Avenue North | Saint Paul, MN 55114 Phone (651) 659-9001 | (800) 972-6364 | Fax (651) 659-1379 | TeamAET.com | AA/EEO This document shall not be reproduced, except in full, without written approval from American Engineering Testing, Inc. May 15, 2025 Coleton Nelson, PE Bolton & Menk, Inc. 3507 High Point Drive North Bldg. 1 - Suite E130 Oakdale, Minnesota, 55128 Re: Report of Geotechnical Exploration Golden Valley 2025 Mill and Overlay Project Golden Valley, Minnesota AET Report No. P-0040435 Dear Mr. Nelson: American Engineering Testing (AET) is pleased to submit our letter report for this project. We performed our services in general accordance with our emailed scope and fee and master agreement between Bolton & Menk, Inc. and AET. PROJECT INFORMATION We understand the City of Golden Valley (City) is proposing to perform a mill and overlay of the following street segments: • 10th Ave N from Mendelssohn Ave N to Winnetka Ave N (1.0 miles) • Lewis Rd from 10th Ave N to 10th Ave N (0.2 miles) • Boone Ave N/General Mills Blvd from Harold Ave to Plymouth Ave N (0.7 miles) The streets serve mainly industrial and commercial properties, with average daily traffic (ADT) values, where available, ranging from 3,347 on 10th Ave N east of Boone Ave N to 7,900 on General Mills Blvd south of TH 55. SCOPE OF SERVICES We performed the following scope of services for this evaluation: • GPS staking and arranging for utility clearance of the exploration locations • Extracting five, 4-inch diameter cores from the pavements • Performing a hand auger to up to 18 inches below the pavement surface at each location • Backfilling and surface patching of the core locations • Arranging traffic control for the exploration locations • Photo logging of the cores and providing this letter with our results 276 City of Golden Valley 2025 Mill & Overlay Project AET Report P-0040435 May 15, 2025 Page 2 of 4 RESULTS Table 1 summarizes the results of our cores and shallow hand auger borings. Detailed boring and core logs are attached to this letter. Table 1. Core Results Summary Street Core Bituminous Thickness (in.) Core Condition Subsurface Description (to 18 inches) Boone Ave N C-1 14.6 Good overall; some stripping between lifts Apparent aggregate base C-2 13.8 Good. Debonding and stripping of bottom lift at 13 inches Apparent aggregate base General Mills Blvd C-3 6.1 Good Apparent aggregate base 10th Ave N C-4 7.8 Good Apparent aggregate base C-5 9.8 Good 6 inches of apparent aggregate base over clayey sand DISCUSSION AND RECOMMENDATIONS We understand the City is proposing mill and overlay for this project. Mill and overlay consists of removing a portion of the in-place bituminous pavement, usually at least 1½ inches, and replacing it with new bituminous pavement. This approach is typically used with pavements in fair or better condition to renew the surface, improve structure and ride, and extend the overall pavement service life. When selecting a pavement to rehabilitate by mill and overlay, the following should be considered: •Pavement surface condition – the amount of surface distress will have a proportional effect on mill and overlay service life. Cracks and other damage in the pavement below the milling will inevitably reflect to the new surface, which will require maintenance to limit water intrusion and excessive crack propagation. •Material condition – it is typically undesirable to leave highly stripped bituminous pavements as support for the new overlay. Stripped pavements will bond poorly to the overlay materials, reducing the effective pavement structure. Additionally, they can complicate construction and will result in an inconsistent finished product. •Pavement thickness – about 1 ½ inches of intact bituminous pavement should be left in place to support construction equipment and provide adequate structure for new pavements. 277 City of Golden Valley 2025 Mill & Overlay Project AET Report P-0040435 May 15, 2025 Page 3 of 4 Documenting the pavement surface condition was outside the scope of our evaluation. However, the material condition was mostly good, with adequate thickness of bituminous pavement. Mill and overlay, if completed properly, will generally have a service life of 10 to 15 years. The service life can be greater on roads with better surface condition and might be less where conditions are relatively poor. Distresses will quickly reappear through new surfaces and should be repaired promptly. Supplemental patching and repair work prior to placing the overlay can improve its service life. Another method to improve service life of a mill and overlay is by using an “underseal” (also called a “Texas underseal”). The process includes placing a chip seal on the existing or milled surface prior to the pavement overlay. Because the chip seal provides stress relief and impedes water intrusion, the underseal retards or delays reflective cracking. The underseal should be designed as a typical chip seal, usually with a greater rate of emulsion application than usual to account for the rougher milled surface. The underseal will also work as the tack layer between the in-place pavement and new overlay. We recommend the following construction sequence for mill and overlay, to be performed in general accordance with MnDOT Specifications 2232 (Mill Pavement Surface) and 2360 (Plant Mixed Asphalt Pavement): 1.Mill the pavement with appropriate self-propelled cold milling equipment to a depth of 2 inches. The mill depth may need to be adjusted or extended to remove damaged pavements. a.A greater mill and overlay depth will provide some additional service life 2.Sweep or clean the surfaces until they are free of loose materials. 3.Review the surfaces of the bituminous pavements, for areas of distress that may benefit from additional milling, removals, or patching. 4.Distribute a uniform tack coat (or construct an underseal) on the clean surface and protect it from dirt and debris. 5.Place and compact the required thickness of bituminous pavement. We recommend a minimum of 2 inches of SPWEA340E. LIMITATIONS Within the limitations of scope, budget, and schedule, we have endeavored to provide our services according to generally accepted geotechnical engineering practices at this time and location. Other than this, no warranty, express or implied, is intended. 278 City of Golden Valley 2025 Mill & Overlay Project AET Report P-0040435 May 15, 2025 Page 4 of 4 If you have questions regarding this report, please contact us. Sincerely, American Engineering Testing, Inc. Neil G. Lund, PE Principal Engineer 612-369-3163 nlund@TeamAET.com Attachments: Boring Log Notes Unified Soil Classification System AASHTO Soil Classification System Core Location Map Pavement Core Log Subsurface Boring Log 279 01REP052C (12/23) AMERICAN ENGINEERING TESTING, INC. BORING LOG NOTES DRILLING AND SAMPLING SYMBOLS TEST SYMBOLS Symbol Definition Symbol Definition AR: Sample of material obtained from cuttings blown out the top of the borehole during air rotary procedure. B, H, N: Size of flush-joint casing CAS: Pipe casing, number indicates nominal diameter in inches COT: Clean-out tube DC: Drive casing; number indicates diameter in inches DM: Drilling mud or bentonite slurry DR: Driller (initials) DS: Disturbed sample from auger flights DP: Direct push drilling; a 2.125 inch OD outer casing with an inner 1½ inch ID plastic tube is driven continuously into the ground. FA: Flight auger; number indicates outside diameter in inches HA: Hand auger; number indicates outside diameter HSA: Hollow stem auger; number indicates inside diameter in inches LG: Field logger (initials) MC: Column used to describe moisture condition of samples and for the ground water level symbols N (BPF): Standard penetration resistance (N-value) in blows per foot (see notes) NQ: NQ wireline core barrel PQ: PQ wireline core barrel RDA: Rotary drilling with compressed air and roller or drag bit. RDF: Rotary drilling with drilling fluid and roller or drag bit REC: In split-spoon (see notes), direct push and thin-walled tube sampling, the recovered length (in inches) of sample. In rock coring, the length of core recovered (expressed as percent of the total core run). Zero indicates no sample recovered. SS: Standard split-spoon sampler (steel; 1.5" is inside diameter; 2" outside diameter); unless indicated otherwise SU Spin-up sample from hollow stem auger TW: Thin-walled tube; number indicates inside diameter in inches WASH: Sample of material obtained by screening returning rotary drilling fluid or by which has coll ected inside the borehole after “falling” through drilling fluid WH: Sampler advanced by static weight of drill rod and hammer WR: Sampler advanced by static weight of drill rod 94mm: 94 millimeter wireline core barrel ▼: Water level directly measured in boring : Estimated water level based solely on sample appearance CONS: One-dimensional consolidation test DEN: Dry density, pcf DST: Direct shear test E: Pressuremeter Modulus, tsf HYD: Hydrometer analysis LL: Liquid Limit, % LP: Pressuremeter Limit Pressure, tsf OC: Organic Content, % PERM: Coefficient of permeability (K) test; F - Field; L - Laboratory PL: Plastic Limit, % qp: Pocket Penetrometer strength, tsf (approximate) qc: Static cone bearing pressure, tsf qu: Unconfined compressive strength, psf R: Electrical Resistivity, ohm-cms RQD: Rock Quality Designation of Rock Core, in percent (aggregate length of core pieces 4" or more in length as a percent of total core run) SA: Sieve analysis TRX: Triaxial compression test VSR: Vane shear strength, remolded (field), psf VSU: Vane shear strength, undisturbed (field), psf WC: Water content, as percent of dry weight %-200: Percent of material finer than #200 sieve STANDARD PENETRATION TEST NOTES The standard penetration test consists of driving a split-spoon sampler with a drop hammer counting the number of blows applied in each of three 6" increments of penetration. If the sampler is driven less than 18" (usually in highly resistant material), permitted in ASTM: D1586, the blows for each complete 6" increment and for each partial increment is on the boring log. For partial increments, the number of blows is shown to the nearest 0.1' below the slash. The length of sample recovered, as shown on the “REC” column, may be greater than the distance indicated in the N column. The disparity is because the N-value is recorded below the initial 6" set (unless partial penetration defined in ASTM: D1586 is encountered) whereas the length of sample recovered is for the entire sampler drive (which may even extend more than 18"). 280 01CLS021 (01/2022) AMERICAN ENGINEERING TESTING, INC. UNIFIED SOIL CLASSIFICATION SYSTEM ASTM Designations: D 2487, D2488 AMERICAN ENGINEERING TESTING, INC. Criteria for Assigning Group Symbols and Group Names Using Laboratory TestsA Soil Classification Notes ABased on the material passing the 3-in (75-mm) sieve. BIf field sample contained cobbles or boulders, or both, add “with cobbles or boulders, or both” to group name. CGravels with 5 to 12% fines require dual symbols: GW-GM well-graded gravel with silt GW-GC well-graded gravel with clay GP-GM poorly graded gravel with silt GP-GC poorly graded gravel with clay DSands with 5 to 12% fines require dual symbols: SW-SM well-graded sand with silt SW-SC well-graded sand with clay SP-SM poorly graded sand with silt SP-SC poorly graded sand with clay (D30)2 ECu = D60 /D10, Cc = D10 x D60 FIf soil contains >15% sand, add “with sand” to group name. GIf fines classify as CL-ML, use dual symbol GC-GM, or SC-SM. HIf fines are organic, add “with organic fines” to group name. IIf soil contains >15% gravel, add “with gravel” to group name. JIf Atterberg limits plot is hatched area, soil is a CL-ML silty clay. KIf soil contains 15 to 29% plus No. 200 add “with sand” or “with gravel”, whichever is predominant. LIf soil contains >30% plus No. 200, predominantly sand, add “sandy” to group name. MIf soil contains >30% plus No. 200, predominantly gravel, add “gravelly” to group name. NPl>4 and plots on or above “A” line. OPl<4 or plots below “A” line. PPl plots on or above “A” line. QPl plots below “A” line. RFiber Content description shown below. Group Symbol Group NameB Coarse-Grained Soils More than 50% retained on No. 200 sieve Gravels More than 50% coarse fraction retained on No. 4 sieve Clean Gravels Less than 5% finesC Cu>4 and 1<Cc<3E GW Well graded gravelF Cu<4 and/or 1>Cc>3E GP Poorly graded gravelF Gravels with Fines more than 12% fines C Fines classify as ML or MH GM Silty gravelF.G.H Fines classify as CL or CH GC Clayey gravelF.G.H Sands 50% or more of coarse fraction passes No. 4 sieve Clean Sands Less than 5% finesD Cu>6 and 1<Cc<3E SW Well-graded sandI Cu<6 and/or 1>Cc>3E SP Poorly-graded sandI Sands with Fines more than 12% fines D Fines classify as ML or MH SM Silty sandG.H.I Fines classify as CL or CH SC Clayey sandG.H.I Fine-Grained Soils 50% or more passes the No. 200 sieve (see Plasticity Chart below) Silts and Clays Liquid limit less than 50 inorganic PI>7 and plots on or above “A” lineJ CL Lean clayK.L.M PI<4 or plots below “A” lineJ ML SiltK.L.M organic Liquid limit–oven dried <0.75 Liquid limit – not dried OL Organic clayK.L.M.N Organic siltK.L.M.O Silts and Clays Liquid limit 50 or more inorganic PI plots on or above “A” line CH Fat clayK.L.M PI plots below “A” line MH Elastic siltK.L.M organic Liquid limit–oven dried <0.75 Liquid limit – not dried OH Organic clayK.L.M.P Organic siltK.L.M.Q Highly organic soil Primarily organic matter, dark in color, and organic in odor PT PeatR 3 2 ½1 ¾4 10 20 40 60 140 200 100 80 60 40 20 0 0 20 40 60 80 100 81 Sieve NumberScreen Opening (in.) 50 10 5 1.0 0.10.5 PARTICLE SIZE IN MILLIMETERS SIEVE ANALYSIS PERCENT PASSINGPERCENT RETAINEDD60 = 15mm D30 = 2.5mm D10 = 0.075mm Cu = = = 200D60 D10 15 0.075 Cc = = = 5.6(D30) D10 x D60 2.5 0.075 x 15 2 2 CL-ML For classification of fine-grained soils and fine-grained fraction of coarse-grained soils. Equation of "A"-line Horizontal at PI = 4 to LL = 25.5. then PI = 0.73 (LL-20) Equation of "U"-line Vertical at LL = 16 to PI = 7. then PI = 0.9 (LL-8)"A" LIN E "U" LINECL OR OL CH OR OH 10 20 30 40 50 60 70 80 90 100 110 0 0 10 20 30 40 50 60 16 7 4PLASTICITY INDEX (PI)LIQUID LIMIT (LL) Plasticity Chart ADDITIONAL TERMINOLOGY NOTES USED BY AET FOR SOIL IDENTIFICATION AND DESCRIPTION Grain Size Term Particle Size Boulders Over 12" Cobbles 3" to 12" Gravel #4 sieve to 3" Sand #200 to #4 sieve Fines (silt & clay) Pass #200 sieve Gravel Percentages Term Percent A Little Gravel 3% - 14% With Gravel 15% - 29% Gravelly 30% - 50% Consistency of Plastic Soils Term N-Value, BPF Very Soft less than 2 Soft 2 - 4 Firm 5 - 8 Stiff 9 - 15 Very Stiff 16 - 30 Hard Greater than 30 Relative Density of Non-Plastic Soils Term N-Value, BPF Very Loose 0 - 4 Loose 5 - 10 Medium Dense 11 - 30 Dense 31 - 50 Very Dense Greater than 50 Moisture/Frost Condition (MC Column) D (Dry): Absence of moisture, dusty, dry to touch. M (Moist): Damp, although free water not visible. Soil may still have a high water content (over “optimum”). W (Wet/ Free water visible, intended to Waterbearing): describe non-plastic soils. Waterbearing usually relates to sands and sand with silt. F (Frozen): Soil frozen Layering Notes Laminations: Layers less than ½" thick of differing material or color. Lenses: Pockets or layers greater than ½" thick of differing material or color. Peat Description Fiber Content Term (Visual Estimate) Fibric Peat: Greater than 67% Hemic Peat: 33 – 67% Sapric Peat: Less than 33% Organic Description (if no lab tests) Soils are described as organic, if soil is not peat and is judged to have sufficient organic fines content to influence the Liquid Limit properties. Slightly organic used for borderline cases. Root Inclusions With roots: Judged to have sufficient quantity of roots to influence the soil properties. Trace roots: Small roots present, but not judged to be in sufficient quantity to significantly affect soil properties. ML OR OL MH OR OH 281 A-7 A-7-5 A-7-6 Sieve Analysis, Percent passing: No. 10 (2.00 mm) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .50 max.. . . .. . . .. . . .. . . .. . . .. . . .. . . .. . . .. . . .. . . . No. 40 (0.425 mm) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .30 max.50 max.51 min.. . . .. . . .. . . .. . . .. . . .. . . .. . . .. . . . No. 200 (0.075 mm) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .15 max.25 max.10 max.35 max.35 max.35 max.35 max.36 min.36 min.36 min.36 min. Characteristics of Fraction Passing No. 40 (0.425 mm) Liquid limit . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . .40 max.41 min.40 max.41 min.40 max.41 min.40 max.41 min. Plasticity index . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .N.P.10 max.10 max.11 min.11 min.10 max.10 max.11 min.11 min. General Ratings as Subgrade . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Definitions of Gravel, Sand and Silt-Clay 01CLS022 (07/11)AMERICAN ENGINEERING TESTING, INC. The term "silty" is applied to fine material having plasticity index of 10 or less and the term "clayey" is applied to fine material having plasticity index of 11 or greater. AMERICAN ASSOCIATION OF STATE HIGHWAY AND TRANSPORTATION OFFICIALS AASHTO SOIL CLASSIFICATION SYSTEM Classification of Soils and Soil-Aggregate Mixtures GRAVEL - Material passing sieve with 3-in. square openings and retained on the No. 10 sieve. COARSE SAND - Material passing the No. 10 sieve and retained on the No. 40 sieve. FINE SAND - Material passing the No. 40 sieve and retained on the No. 200 sieve. COMBINED SILT AND CLAY - Material passing the No. 200 sieve Excellent to Good Group A-8 soils are organic clays or peat with organic content >5%. BOULDERS (retained on 3-in. sieve) should be excluded from the portion of the sample to which the classificaiton is applied, but the percentage of such material, if any, in the sample should be recorded. (35% or less passing No. 200 sieve)(More than 35% passing No. 200 sieve) General Classification A-4 A-5 The terms "gravel", "coarse sand", "fine sand" and "silt-clay", as determinable from the minimum test data required in this classification arrangement and as used in subsequent word descriptions are defined as follows: Granular Materials Silt-Clay Materials A-1 A-2 A-2-6 A-2-7 . . . . 6 max. Fine Sand Silty or Clayey Gravel and Sand Silty Soils Clayey Soils Plasticity index of A-7-5 subgroup is equal to or less than LL minus 30. Plasticity index of A-7-6 subgroup is greater than LL minus 30. A-3 A-2-4 A-2-5 Stone Fragments, Gravel and Sand Fair to Poor A-6 The placing of A-3 before A-2 is necessary in the "left to right elimination process" and does not indicate superiority of A-3 over A-2. Usual Types of Significant Constituent Materials A-1-a A-1-b Group Classification -10 0 10 20 30 40 50 100 90 80 70 60 50 40 30 20 15 35 0 2 4 6 8 1012 1416 18 203040 506070 80 1020304050607080100140180 LIQUID LIMIT PLAS TI CI T Y I N D E X PERCENT PASSING NO. 200 SIEVEPARTIAL GROUP INDEXGROUP INDEX CHART Group Index (GI) = (F-35) [0.2+0.005 (LL-40) ] + 0.01 (F-15) (PI-10) where F = % Passing No. 200 sieve, LL = Liquid Limit, and PI = Plasticity Index. When working with A-2-6 and A-2-7 subgroups the Partial Group Index (PGI) is determined from the PI only. When the combined Partial Group Indices are negative, the Group Index should be reported as zero.A-2-6 and A-2-782% Passing No. 200 sieve LL = 38 PI = 21 PGI = 8.9 for LL PGI = 7.4 for PI GI = 16 Then:Example: 10 20 30 40 50 60 70 80 90 100 0 10 20 30 40 50 60 70 Sub- G r o u p A-7-5 Sub-G roupA-7 -6 A-7A-5 A-4 A-6 PI = LL - 30PLASTICITY INDEX (PI) Liquid Limit and Plasticity Index Ranges for the A-4, A-5, A-6 and A-7 SubgroupsLiquid Limit282 Union P a c i f i c U nionPacificLuce Line Regional T r a i l 1 0 t h A v e N Gettysburg AveNFlag AveNLube-Tech B ass et t Creek O lson F ront age R d Hello Apartments Brookview Apartments Trentwood Apartments Decatur Business Center General Mills Nature Preserve (North) General Mills Nature Preserve (South) Luce Line R e g i onal Tra il Luce L ine Regional T ra i l BooneAve NBooneAve N 10th Ave N WisconsinAveNZealandAve N Man d a n A veW ins dale St N Yukon CtNPly m o uth A ve N Boone Plaza General Mills James Ford Bell Technical Center Orkla Open SpacePlymouth Avenue Open Space Wesley Park (South) Franklin Academy BassettCreekBrookview Pond N Brookview Pond O 201 General Mills Pond Brookview Pond J M a lla r d Creek Trail Olson Fronta ge R dDecaturAveN Ensign Ave N G o ld e n V a ll ey R d Harol d Ave Wally Dr 55 Hopkins Bus Depot TruStone Financial Credit Union KARE-11 TV Blue Pearl Pet Hospital Wells Fargo Bank Mallard Creek Apartments Wesley Commons Flourish Senior Living Sentinel - Golden Valley Apartments Boone Open Space B a sse ttCr eek Brookview Pond H Betty C r o cker D r Brookview Golf Maintenance Brookview Golf Course Brookview Pond LBrookview Pond K Brookview Pk wy NA? A? A? A? A? C-04 C-01 C-05 C-02 C-03 ± 0 600 US Feet Date: 04/14/2025 AET Project No. P-0040435 Golden Valley 2025 Mill & Overlay Golden Valley, MN Core Locations Pre-Construction Road Evaluation Figure 1 Legend A?Core Locations 283 Date: 4/2025 AET Project P-0040435Coring performed April 2025 Golden Valley, MN C-01 Pavement Core Photographs City of Golden Valley 2025 Mill and Overlay Core C-01 284 Date: 4/2025 AET Project P-0040435 C-02 Pavement Core Photographs Core C-02 City of Golden Valley 2025 Mill and Overlay Golden Valley, MN Coring performed April 2025 285 Date: 4/2025 AET Project P-0040435 C-03 Pavement Core Photographs Core C-03 City of Golden Valley 2025 Mill and Overlay Golden Valley, MN Coring performed April 2025 286 Date: 4/2025 AET Project P-0040435 C-04 Pavement Core Photographs Core C-04 City of Golden Valley 2025 Mill and Overlay Golden Valley, MN Coring performed April 2025 287 Date: 4/2025 AET Project P-0040435 C-05 Pavement Core Photographs Core C-05 City of Golden Valley 2025 Mill and Overlay Golden Valley, MN Coring performed April 2025 288 FILL14.6" Bituminous pavement FILL, mostly gravelly sand with silt, brown (A-1-b) (possible aggregate base) END OF BORING CORE HA WATERLEVEL SURFACE ELEVATION: BORINGCOMPLETED: WATER LEVEL MEASUREMENTS None DATE NOTE: REFER TO THE ATTACHED SHEETS FOR AN EXPLANATION OF TERMINOLOGY ON THIS LOGRig:Rel LG: DEPTH: DRILLINGFLUID LEVEL DR: CAVE-INDEPTHCASINGDEPTHSAMPLEDDEPTH 4/24/25 570 TIME DRILLING METHOD ZR CORE Hand Auger 0-14.6" 14"-1.5' 03/2011 DENDEN P-0040435 City of Golden Valley 2025 Mill and Overlay; Golden Valley, MN N SUBSURFACE BORING LOG 1 FIELD & LABORATORY TESTS LOG OF BORING NO. GEOLOGY LATITUDE: C-01 (p. 1 of 1) -93.390336 01-DHR-060 LL SAMPLETYPE DEPTHINFEET MC AET JOB NO: PROJECT: RECIN.MATERIAL DESCRIPTION PLWC LONGITUDE:44.990193 %-#200 AET_CORP W-LAT-LONG P-0040435 GOLDEN VALLEY 2025 MILL AND OVERLAY.GPJ AET+CPT+WELL.GDT 5/15/25289 FILL13.8" Bituminous pavement FILL, mostly silty sand with gravel, brown (A-1-b) (possible aggegate base) END OF BORING CORE HA WATERLEVEL SURFACE ELEVATION: BORINGCOMPLETED: WATER LEVEL MEASUREMENTS None DATE NOTE: REFER TO THE ATTACHED SHEETS FOR AN EXPLANATION OF TERMINOLOGY ON THIS LOGRig:Rel LG: DEPTH: DRILLINGFLUID LEVEL DR: CAVE-INDEPTHCASINGDEPTHSAMPLEDDEPTH 4/24/25 570 TIME DRILLING METHOD ZR CORE Hand Auger 0-13.8" 13.25'-1.5' 03/2011 DENDEN P-0040435 City of Golden Valley 2025 Mill and Overlay; Golden Valley, MN N SUBSURFACE BORING LOG 1 FIELD & LABORATORY TESTS LOG OF BORING NO. GEOLOGY LATITUDE: C-02 (p. 1 of 1) -93.390266 01-DHR-060 LL SAMPLETYPE DEPTHINFEET MC AET JOB NO: PROJECT: RECIN.MATERIAL DESCRIPTION PLWC LONGITUDE:44.987844 %-#200 AET_CORP W-LAT-LONG P-0040435 GOLDEN VALLEY 2025 MILL AND OVERLAY.GPJ AET+CPT+WELL.GDT 5/15/25290 FILL6.1" Bituminous pavement FILL, mostly silty sand with gravel, brown (A-1-b) (possible aggregate base) END OF BORING CORE HA WATERLEVEL SURFACE ELEVATION: BORINGCOMPLETED: WATER LEVEL MEASUREMENTS None DATE NOTE: REFER TO THE ATTACHED SHEETS FOR AN EXPLANATION OF TERMINOLOGY ON THIS LOGRig:Rel LG: DEPTH: DRILLINGFLUID LEVEL DR: CAVE-INDEPTHCASINGDEPTHSAMPLEDDEPTH 4/24/25 570 TIME DRILLING METHOD ZR CORE Hand Auger 0-6.1" 6"-1.5' 03/2011 DENDEN P-0040435 City of Golden Valley 2025 Mill and Overlay; Golden Valley, MN N SUBSURFACE BORING LOG 1 FIELD & LABORATORY TESTS LOG OF BORING NO. GEOLOGY LATITUDE: C-03 (p. 1 of 1) -93.390273 01-DHR-060 LL SAMPLETYPE DEPTHINFEET MC AET JOB NO: PROJECT: RECIN.MATERIAL DESCRIPTION PLWC LONGITUDE:44.982569 %-#200 AET_CORP W-LAT-LONG P-0040435 GOLDEN VALLEY 2025 MILL AND OVERLAY.GPJ AET+CPT+WELL.GDT 5/15/25291 FILL7.8" Bituminous pavement FILL, mostly sand with silt with gravel, brown (A-1-b) (possible aggregate base) END OF BORING CORE HA WATERLEVEL SURFACE ELEVATION: BORINGCOMPLETED: WATER LEVEL MEASUREMENTS None DATE NOTE: REFER TO THE ATTACHED SHEETS FOR AN EXPLANATION OF TERMINOLOGY ON THIS LOGRig:Rel LG: DEPTH: DRILLINGFLUID LEVEL DR: CAVE-INDEPTHCASINGDEPTHSAMPLEDDEPTH 4/24/25 570 TIME DRILLING METHOD ZR CORE Hand Auger 0-7.8" 8"-1.5' 03/2011 DENDEN P-0040435 City of Golden Valley 2025 Mill and Overlay; Golden Valley, MN N SUBSURFACE BORING LOG 1 FIELD & LABORATORY TESTS LOG OF BORING NO. GEOLOGY LATITUDE: C-04 (p. 1 of 1) -93.394011 01-DHR-060 LL SAMPLETYPE DEPTHINFEET MC AET JOB NO: PROJECT: RECIN.MATERIAL DESCRIPTION PLWC LONGITUDE:44.988980 %-#200 AET_CORP W-LAT-LONG P-0040435 GOLDEN VALLEY 2025 MILL AND OVERLAY.GPJ AET+CPT+WELL.GDT 5/15/25292 13 FILL9.8" Bituminous pavement FILL, mostly silty sand with gravel, brown (A-1-b) (possible aggregate base) FILL, mostly clayey sand, a little gravel, brown (A-6) END OF BORING CORE HA WATERLEVEL SURFACE ELEVATION: BORINGCOMPLETED: WATER LEVEL MEASUREMENTS None DATE NOTE: REFER TO THE ATTACHED SHEETS FOR AN EXPLANATION OF TERMINOLOGY ON THIS LOGRig:Rel LG: DEPTH: DRILLINGFLUID LEVEL DR: CAVE-INDEPTHCASINGDEPTHSAMPLEDDEPTH 4/24/25 570 TIME DRILLING METHOD ZR CORE Hand Auger 0-9.8" 10"-1.5' 03/2011 DENDEN P-0040435 City of Golden Valley 2025 Mill and Overlay; Golden Valley, MN N SUBSURFACE BORING LOG 1 FIELD & LABORATORY TESTS LOG OF BORING NO. GEOLOGY LATITUDE: C-05 (p. 1 of 1) -93.386231 01-DHR-060 LL SAMPLETYPE DEPTHINFEET MC AET JOB NO: PROJECT: RECIN.MATERIAL DESCRIPTION PLWC LONGITUDE:44.989102 %-#200 AET_CORP W-LAT-LONG P-0040435 GOLDEN VALLEY 2025 MILL AND OVERLAY.GPJ AET+CPT+WELL.GDT 5/15/25293 FC - 1 CONTRACT NO. 24-07 AGREEMENT FOR THE 2025 MILL & OVERLAY PROJECT PROJECT NO. 24-07 THIS AGREEMENT (this “Agreement”), entered into the 15th day of July, 2025 between the City of Golden Valley (the “City”), a municipal corporation, existing under the laws of the State of Minnesota, and Valley Paving, Incorporated, a corporation, under the laws of Minnesota (“Contractor”). ARTICLE 1. The Contract Documents. The Contract Documents consist of: this Agreement, the Proposal and Bid of the Contractor, the Contractor’s Bonds, the General Conditions, Special Conditions and any supplementary conditions, drawings, plans, Specifications, addenda issued prior to execution of this Agreement, other documents listed herein or in any of the foregoing documents, and Modifications of the same issued after execution of this Agreement (collectively the “Contract” or “Contract Documents”). A Modification is (1) a written amendment to the Contract signed by both parties, (2) a Change Order, (3) a Construction Change Directive, or (4) a written order for a minor change in the Work issued by the Engineer. 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: 1. Modifications to the Contract 2. This Agreement 3. Special Conditions 4. General Conditions 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. ARTICLE 2. The Work. Contractor, for good and valuable consideration the sufficiency of which is hereby acknowledged, covenants and agrees to furnish all materials, all necessary tools and equipment, and to do and perform all work and labor necessary for 2025 Mill & Overlay (24-07) (the “Project”) according to the Plans and Specifications and all of the Contract Documents. Contractor shall commence and conclude the Work in accordance with the Contract Documents. Time is of the essence in this Agreement. Accordingly, Contractor shall complete the Work in accordance with the time schedule for commencement and completion of the Work set forth in the Contract Documents. Contractor shall complete the W ork in every respect to the satisfaction and approval of the City. 294 FC - 2 ARTICLE 3. Contract Price. The City shall pay the Contractor the Contract Price in current funds for the Contractor’s performance of the Contract. The Contract Price shall be $1,641,759.42, subject to additions and deductions as provided in the Contract Documents. Installment payments, if any, on account of the Work shall be made in accordance with the provisions of the General Conditions. Final payment shall be due and payable on or before thirty (30) days after issuance of a Certificate of Final Completion issued by the City Engineer confirming that the Work has been fully completed and Contractor’s obligations fully performed by Contractor. ARTICLE 4. Contractor’s Bonds. Contractor shall make, execute and deliver to the City corporate surety bonds in a form approved by the City, in the sum of $1,641,759.42 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. ARTICLE 5. Acceptance of the Work. The City, through its authorized agents, shall be the sole and final judge of the fitness of the W ork and its acceptability. ARTICLE 6. Records. Contractor shall keep as complete, exact and accurate an account of the labor and materials used in the execution of the Work as is possible, and shall submit and make this information available as maybe requested by the City. ARTICLE 7. Payment. All payments to Contractor shall be made payable to the order of Valley Paving, Incorporated, and the City does not assume and shall not have any responsibility for the allocation of payments or obligations of the Contractor to third parties. ARTICLE 8. Cancellation Prior to Execution. The City reserves the right, without liability, to cancel the award of the Contract at any time before the execution of the Contract by all parties. ARTICLE 9. Termination. The City may by written notice terminate the Contract, or any portion thereof, when (1) it is deemed in the best public, state or national interest to do so; (2) the City is unable to adequately fund payment for the Contract because of changes in state fiscal policy, regulations or law; or (3) after finding that, for reasons beyond Contractor’s control, Contractor is prevented from proceeding with or completing the W ork within a reasonable time. In the event that any Work is terminated under the provisions hereof, all completed items or units of W ork will be paid for at Contract Bid Prices. Payment for partially completed items or units of W ork will be made in accordance with the Contract Documents. 295 FC - 3 Termination of the Contract or any portion thereof shall not relieve Contractor of responsibility for the completed W ork, nor shall it relieve Contractor’s Sureties of their obligations for and concerning any just claims arising out of the W ork. ARTICLE 10. 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, 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 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 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. IN WITNESS WHEREOF, both parties hereto have caused this Contract to be signed on their respective behalves by their duly authorized offices and their corporate seals to be hereunto affixed the day and year first above written. THE CITY OF GOLDEN VALLEY, MINNESOTA BY Roslyn Harmon, Mayor BY Noah Schuchman, City Manager CONTRACTOR BY ITS 296 EXECUTIVE SUMMARY Administrative Services 763-512-2345 / 763-512-2344 (fax) Golden Valley City Council Meeting July 15, 2025 Agenda Item 3D.3. Approve Agreement to Purchase Printer Replacements and Maintenance from Konica Minolta Prepared By John Peterson, IT Manager Summary The IT division recommends the approval of a new lease agreement with Konica Minolta for three replacement multifunction devices (copiers/printers) for the DMV, Police, and Fire departments. These devices will replace aging units that are no longer meeting reliability and performance standards. This lease will expire at the same time as the City’s existing copier fleet lease, creating a consistent lease expiration across the City. This provides financial predictability, administrative efficiency, and aligns with the City’s long-term equipment replacement strategy. The new devices include updated security features, internal finishing capabilities, and support for the City’s secure printing and cloud-based scanning needs. Implementation includes setup, device security configuration, and return of existing leased equipment. Financial or Budget Considerations The lease is structured for a 43-month term with a projected monthly payment of $1,289.97 (plus applicable taxes), covering equipment, toner, parts, and labor under a flat-rate maintenance plan. The total obligation over the term is approximately $55,469.71. Funding source is the CIP Computers and Printers budget. The agreement also includes an upgrade and direct settlement of existing devices. Legal Considerations This agreement was reviewed and approved by the Legal department. Equity Considerations Konica printer/copiers meet ADA and Section 508 compliance and align with the Administrative Services Department equity practices by ensuring employees have the resources needed to provide services to the community. Recommended Action Motion to approve agreement with Konica Minolta for the purchase and maintenance of printers. Supporting Documents Konica Minolta Printer Purchase Agreement.pdf 297 PROPOSAL FOR: CITY OF GOLDEN VALLEY PRESENTED BY: Daniel Buchner Named Account Executive Konica Minolta Business Solutions U.S.A., Inc. 298 June 20, 2025 CITY OF GOLDEN VALLEY 7800 GOLDEN VALLEY RD MINNEAPOLIS, MN, 55427-4508 Quote ID: 80158844 Dear John Peterson: We at Konica Minolta are excited to present a proposal that integrates our top-tier print services and solutions with our state-of-the-art imaging technology. This innovative blend is designed to provide you with a strategic edge, offering a comprehensive approach to achieving both your immediate and future business objectives. In today's fast-paced and adaptable work environment, it's essential to have technologies and solutions that effortlessly link people, spaces, and technology. Konica Minolta is dedicated to enhancing your collaboration and productivity while optimizing workplace efficiency. Thank you for considering Konica Minolta. We look forward to demonstrating our commitment to you and are confident that our offering will meet your expectations and deliver increased value and efficiencies. Sincerely, Daniel Buchner DBuchner@kmbs.konicaminolta.us 9522296112 299 Creating New Value The traditional office environment is changing and will continue to do so. Business transformation is key to managing growth and increasing profitability. As your business evolves you must continually seek competitive advantages and ways to reshape workflow by selecting and implementing smart tools and technologies that will advance your teams into the workplace of the future. Konica Minolta realizes your success is reflected in us: in our actions, in our solutions, in our results. We are the partner you can trust and rely on to help you navigate change and meet the expectations of the digitally connected workplace. A partner committed to client-first methodologies, offering innovation through a comprehensive suite of products and services that includes Managed Print Services, industry-leading MFP technology, IT services, Video Security Solutions, our Blue Iris IQ offering of Intelligent Information Management solutions and best- of-breed software solutions. Our end-to-end strategy and consultative engagements provide a 360º view of your business processes and challenges, as well as a clear vision of your goals and objectives. Through our collaborative approach, we enable targeted solutions that yield improved efficiencies, cost reductions and the realization of your strategic vision. Our Portfolio At Konica Minolta, we believe work is about people (workers), spaces (the physical spaces they work in, which can be many) and technology (from hardware to software). We need to join them effectively to achieve true connectivity. That is why at Konica Minolta we have adopted the Intelligent Connected Workplace approach. In the past, these pillars that make up the world of work have been treated as separate entities. But we are changing that. Our Intelligent Connected Workplace (ICW) is a dynamic and digitally- transformed work model. Disparate data points are connected to allow smarter ways of working and better corporate insights, to help the progression to a more agile way of working. 300 Together, with our Intelligent Connected Workplace, we make your workplace work for you enabling people to collaborate and move fluidly across different work scenarios and providers, without friction, fear or frustration. Our portfolio of hardware and solutions is designed to integrate across the entire workplace ecosystem which helps to promote greater collaboration, productivity, improved efficiency, and heightened security within your organization. Printers, Video Security Solutions, IT Security & Cloud Services, Managed Print Services, Blue Iris IQ’s Intelligent Information Management offerings and much more - our solutions and services are built around you. We put you in control so you can work smarter, more efficiently, and more securely. Partnering with organizations of all sizes, this 360-degree approach is built from a combination of our global expertise as a digital transformation provider, paired with our local market knowledge enables us to build scalable solutions that meet differing organizational needs. 301 Quotation ID: Date/Time: Page 1 of 380158844 06/20/2025 9:39:34 AM Quotation Prepared Exclusively for: GOLDEN VALLEY, CITY OF John Peterson, IT Manager 7800 Golden Valley Rd Minneapolis, MN 55427-4508 Prepared by: Daniel Buchner NAMED ACCOUNT EXECUTIVE Office: (952) 229-6112 dbuchner@kmbs.konicaminolta.us Offer Expires: 06/30/2025 Product: Device & Software Installation Location - 1: City Of Golden Valley, 7800 Golden Valley Rd, Minneapolis, MN 55427-4508 Delivery Contact: Qty Product Description Product Configuration 1 Bizhub C451i C451i Copier/printer With Df-713, Tn626k Black Toner Yield: 28k, Tn626y Yellow Toner Yield: 28k, Tn626m Magenta Toner Yield: 28k, Tn626c Cyan Toner Yield: 28k, Mfp Delivery Charge - Level Two, Basic Network Service - Bns04, Kmpf Lease Return 1st Unit, Pc-416 Cabinet, Fs-539, Relay Unit Ru-513, Pk-524 2/3 Punch Unit For Fs-539, Working Table Wt-506, Pwrfilter W Line Monitoring 120v/15a, Bizhub Secure, Bizhub Secure Notifier, Lk-116 - License, Bizhub Package Ps By Kmbs Per Hour, Stc Bus Bundle 1 Yr Term 1 Device, Scantrip Cloud Notification 1 Bizhub C301i Fs-542 Inner Finisher, Pk-527 Punch Kit - For Fs-542 2/3 Holes, C301i Color Copier/printer With Df-714, Tn-328y Yellow Toner, Tn-328m Magenta Toner, Tn-328c Cyan Toner, Tn-328k Black Toner, Mfp Delivery Charge - Level One, Basic Network Service - Bns04, Kmpf Lease Return Addl Units, Pc-116 Cabinet, Working Table Wt-506, Pwrfilter W Line Monitoring 120v/15a, Bizhub Secure, Bizhub Secure Notifier, Lk-116 - License, Bizhub Package Ps By Kmbs Per Hour, Stc Bus Bundle 1 Yr Term 1 Device, Scantrip Cloud Notification 1 Bizhub C301i C301i Color Copier/printer With Df-714, Tn-328y Yellow Toner, Tn-328m Magenta Toner, Tn-328c Cyan Toner, Tn-328k Black Toner, Mfp Delivery Charge - Level One, Basic Network Service - Bns04, Kmpf Lease Return Addl Units, Pc-216 Cabinet, Fs-539, Relay Unit Ru-513, Pk-524 2/3 Punch Unit For Fs-539, Working Table Wt-506, Pwrfilter W Line Monitoring 120v/15a, Bizhub Secure, Bizhub Secure Notifier, Lk-116 - License, Bizhub Package Ps By Kmbs Per Hour, Stc Bus Bundle 1 Yr Term 1 Device, Scantrip Cloud Notification Maintenance Services Maintenance Plan: Flat Rate Term: 43 Months Entitlements: Toner, Parts/Labor Installation Location -1: City Of Golden Valley, 7800 Golden Valley Rd, Minneapolis, MN 55427-4508 302 Quotation ID: Date/Time: Page 2 of 380158844 06/20/2025 9:39:34 AM Qty Bill Plan TypeDevice Pages Included Values shown per device Bizhub C451i 1 Flat Rate Unlimited Bizhub C301i 1 Flat Rate Unlimited Bizhub C301i 1 Flat Rate Unlimited Existing Financial Considerations Buyout/Upgrade – Direct Settlement (included in projected payment) Funding Source Account Number Type Konica Minolta Premier Finance 061-0165636-000 Upgrade to Return 303 Quotation ID: Date/Time: Page 3 of 380158844 06/20/2025 9:39:34 AM Quotation Summary & Acceptance Transaction Type : Lease - Fair Market Value Purchase Option Term: 43 Months Projected Monthly Obligation(s):Amount $1,289.97 Device/Software/Maintenance Services: Total(Excluding applicable taxes) $1,289.97 Konica Minolta's pricing is valid for 30 days. Konica Minolta reserves the right to adjust prices to reflect the impact of any tariffs, duties, or similar governmental charges. Konica Minolta will provide advance notice of any such adjustments. Please contact Daniel Buchner, (952) 229-6112, to accept this quotation and have an Order/Lease Agreement delivered for signature. KONICA MINOLTA _____________________________ Daniel Buchner, Account Executive _____________________________ CITY OF GOLDEN VALLEY _____________________________ Roslyn Harmon, Mayor _____________________________ Noah Schuchman 304 EXECUTIVE SUMMARY Public Works 763-512-2345 / 763-512-2344 (fax) Golden Valley City Council Meeting July 15, 2025 Agenda Item 3D.4. Approve Professional Services Agreement with Stantec Consulting Services Inc. for the Bassett Creek Sanitary Sewer Rehabilitation Project Prepared By Tim Kieffer, Public Works Director Caleb Brolsma, Assistant City Engineer Summary The sanitary sewer along Bassett Creek is exposed due to bank erosion and susceptible to damage. The City and Bassett Creek Watershed will be performing a creek restoration project starting late 2025 into 2026. The City is proposing to line the pipes along Bassett Creek in conjunction with the project to reinforce the pipes before construction. An advantage to doing this work now is reduced cost and time by using the same temporary construction easements. Staff propose entering into a Professional Services Agreement with Stantec Consulting Services Inc. for design, bidding, and construction administrative services. Financial or Budget Considerations The 2025-2034 Water and Sewer Systems Capital Improvement Plan includes $600,000 for Bassett Creek Sanitary Sewer Rehabilitation (W&SS-127). Legal Considerations The Legal Department has reviewed and approved the contract. Equity Considerations The project satisfies Pillar 3 of the Equity Plan by providing unbiased programs and services. Reliable sanitary sewer conveyance 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 Professional Services Agreement with Stantec Consulting Services Inc. in the form approved by the City Attorney. Supporting Documents Professional Services Agreement with Stantec Consulting Services Inc 305 1 PROFESSIONAL SERVICES AGREEMENT (ENGINEERING SERVICES) THIS AGREEMENT is made this July 15th, 2025 (“Effective Date”) by and between Stantec Consulting Services Inc., a Minnesota corporation with its principal office at 2780 Snelling Avenue N, Suite 101, Roseville, MN 55113 (“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 engineering services for the Bassett Creek Sanitary Sewer Rehabilitation Project. 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. 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 May 1, 2026, 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 B. Consultant’s total compensation for the Services, including hourly fees and expenses, shall not exceed $73,200.00. 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. 306 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. The City’s authorized agent, may on behalf of the City, administratively approve amendments that do not materially change the scope of work or increase the contract price. Any amendments that materially change the scope of work or increase the contract price shall require council approval. 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 307 3 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. 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 308 4 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. 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 regulatfons in effect as of the date Consultant agrees to provide the Services. Consultant’s guests, invitees, members, officers, officials, agents, employees, volunteers, representatfves, and subcontractors shall abide by the City's policies prohibitfng sexual harassment and tobacco, drug, and alcohol use as defined in the City’s Respectiul Work Place Policy, and Tobacco, Drug, and Alcohol Policy, as well as all other reasonable work rules, safety rules, or policies, and procedures regulatfng the conduct of persons on City property, at all tfmes while performing dutfes pursuant to this Agreement. Consultant agrees and understands that a violatfon of any of these policies, procedures, or rules constftutes a breach of the Agreement and sufficient grounds for immediate terminatfon 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. 309 5 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 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, 310 6 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 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 Alan Offerman, 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 Stantec Consulting Services, Inc. Alan Offerman, PE 733 Marquette Avenue N., Suite 1000 Minneapolis, MN 55402 alan.offerman@stantec.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 311 7 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. 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. 32. Limitation of Liability. The total amount of all claims the City may have against the Consultant under this Agreement or arising from the performance or non-performance of the Services under any theory of law, including but not limited to claims for negligence, negligent misrepresentation and breach of contract, shall be strictly limited to the lesser of the fees or $500,000. As the City’s sole and exclusive remedy under this Agreement any claim, demand or suit shall be directed and/or asserted only against the Consultant and not against any of the Consultant’s employees, officers or directors. Neither the City nor the Consultant shall be liable to the other or shall make any claim for any incidental, indirect or consequential damages arising out of or connected to this Agreement or the performance of the services on this Project. This mutual waiver includes, but is not limited to, damages related to loss of use, loss of profits, loss of income, unrealized energy savings, diminution of property value or loss of reimbursement or credits from governmental or other agencies. 33. Professional Liability/Miscellaneous Liability Insurance. The Contractor shall maintain Professional Liability Insurance for all claims the Contractor may become legally obligated to pay resulting from any actual or alleged negligent act, error, or omission related to Contractor’s professional services required under this Agreement. Coverage for negligent acts, errors or omissions arising out of the performance of professional services included in the Contract coverage shall continue for a minimum of three (3) years. a. Minimum limit of liability of $1,000,000 per occurrence; $2,000,000 annual aggregate b. Deductible not to exceed $5,000 (if in excess, submit certified financial statement) 312 8 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. STANTEC CONSULTING SERVICES, INC. CITY OF GOLDEN VALLEY: By: _________________________________ Alan Offerman, PE, Project Manager By: _________________________________ Roslyn Harmon, Mayor By: _________________________________ Noah Schuchman, City Manager 313 9 EXHIBIT A SCOPE OF SERVICES 314 10 315 11 316 12 317 13 318 EXHIBIT B FEE SCHEDULE 319 EXECUTIVE SUMMARY Fire 763-512-2345 / 763-512-2344 (fax) Golden Valley City Council Meeting July 15, 2025 Agenda Item 3E.1. Adopt Resolution No. 25-063 Accepting a CenterPoint Energy Community Safety Grant Prepared By Maria Jimenez, Administrative Assistant Alisa Schuster, Assistant Fire Chief Summary The Golden Valley Fire and Police Departments made application for and was awarded a $2,500 Community Safety Grant from CenterPoint Energy. The grant will be used toward the purchase of key community safety materials such as File of Life packets and other public safety outreach materials for distribution to the community. A resolution needs to be approved to accept grants and donations of real or personal property. Financial or Budget Considerations Golden Valley Public Safety will use $2,500 grant to purchase safety and educational materials for distribution to the community. The grant funds will be matched by existing funds in the 2025 Fire and Police Department budgets. Legal Considerations Legal review is not required for this item. Equity Considerations Equity review is not required for this item. Recommended Action Motion to adopt Resolution No. 25-063 to accept a grant of $2,500 from CenterPoint Energy. Supporting Documents Resolution No. 25-063 - Accepting a CenterPoint Energy Community Safety Grant 320 RESOLUTION NO. 25-063 RESOLUTION ACCEPTING A DONATION OF $2,500 FROM CENTERPOINT ENERGY COMMUNITY SAFETY GRANT WHEREAS, the City Council adopted Resolution 04-20 on March 16, 2004 which established a policy for the receipt of gifts; and WHEREAS, the Resolution states that a gift of real or personal property must be accepted by the City Council by resolution and be approved by a two -thirds majority of the Council. WHEREAS, the donation of monies to help further the goodwill for the fire department. NOW THEREFORE, BE IT RESOLVED, that the City Council for the City of Golden Valley: 1. Accepts $2,500 from CenterPoint Energy Community Safety Grant, for the purchase of key community safety materials such as files of life and related fire prevention and outreach materials for distribution to the community. 2. Extends their heartfelt gratitude to CenterPoint Energy for generously donating finances to help advance the public safety needs of the community. Adopted by the City Council of Golden Valley, Minnesota this 15th day of July, 2025. ____________________________ Roslyn Harmon, Mayor Attested: ____________________ Theresa Schyma, City Clerk 321 EXECUTIVE SUMMARY Legal 763-512-2345 / 763-512-2344 (fax) Golden Valley City Council Meeting July 15, 2025 Agenda Item 3F. Adopt Resolution No. 25-064 Approving Updated Data Practices Policies for the City of Golden Valley Prepared By Melissa Croft, Deputy City Clerk (Records) Maria Cisneros, City Attorney Summary The Minnesota Government Data Practices Act (MGDPA) requires that all government entities in Minnesota adopt policies regarding access to government data. The policies explain how members of the public can access government data and provide contact information for the City staff members responsible for receiving and processing data practices requests. If there are changes, the City must update these policies by August 1 of each year. Additionally, the City is required to update its policies in response to legislative changes. The attached policies have been revised to reflect updates enacted during the 2025 Regular Legislative Session, including a new provision allowing the suspension of data request responses when a requestor fails to inspect or collect the data within five days of notification. This change is intended to improve efficiency by reducing the resource demands associated with large data requests. Furthermore, the League of Minnesota Cities continues to advocate for further amendments to the MGDPA on behalf of municipalities that are committed to transparency, public data access, and legal compliance. However, these efforts also recognize the need to balance those principles with the financial burden that certain data requests impose on municipalities - costs that are often ultimately borne by local taxpayers. The City of Golden Valley adopted a Data Practices Policy on January 17, 2012 (by vote, not resolution) and amended that same policy on July 16, 2024 (Resolution No. 24-047). This policy lists the procedures related to data practice requests and outlines the basic inventory of data maintained by the City. Staff recommends replacing the current Golden Valley Data Practices policy (Resolution No. 24-047) and data inventory with the following documents which were drafted using the model policies provided by the Minnesota Data Practice Office: Golden Valley Data Practices Policy for Members of the Public. This policy explains the rights of the public to receive data. 322 Golden Valley Data Practices Policy for Data Subjects. This policy explains the rights of data subjects to receive information about themselves. City of Golden Valley Data Inventory. This document identifies and describes all private and confidential data maintained by the City. Legal Considerations The proposed policies are compliant with the Minnesota Data Practices Act in Minnesota Statutes, Chapter 13 which sets the standards for the collection, storage, protection, use of, and access to data in the possession of the City. The City is required by law to adopt and update these policies. Equity Considerations It is the Legal Department's practice to actively review and update policies with an equity lens. Updating the City's data practices policies will help ensure government data is available to the public in a more open and consistent manner. Recommended Action Motion to adopt Resolution No. 25-064 appointing the Data Practices Compliance Official and approving updated Data Practices Policies for the Minnesota Government Data Practices Act for the City of Golden Valley. Supporting Documents Resolution No. 25-064 - Approving Updated Data Practices Policies for the City of Golden Valley 323 RESOLUTION NO. 25-064 RESOLUTION ADOPTING UPDATED DATA PRACTICES POLICIES FOR THE MINNESOTA GOVERNMENT DATA PRACTICES ACT FOR THE CITY OF GOLDEN VALLEY WHEREAS, the City Council of the City of Golden Valley is the official governing body of the City of Golden Valley; and WHEREAS, the Minnesota Statutes §13.025, subds. 2 and 3, require that the City prepare policies related to public access to government data and related to the rights of data subjects and their access to government data; and WHEREAS, on July 16, 2024 the City adopted Resolution No. 24-047 which updated the City's data practices policies and data inventory; and WHEREAS, the Responsible Authority recommends updating the aforementioned policies and inventory to ensure compliance with Minnesota Statutes, Chapter 13; and WHEREAS, the City Council has reviewed Exhibit A and finds that the updated data practices policies and data inventory prepared by City staff comply with these statutory requirements. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Golden Valley that the following are hereby approved: •Data Practices Policy for Members of the Public •Data Practices Policy for Data Subjects •City of Golden Valley Data Inventory This resolution replaces and supersedes Resolution No. 24-047. Adopted by the City Council of Golden Valley, Minnesota on this 15th day of July, 2025. _________________________________ Roslyn Harmon, Mayor ATTEST: _________________________________ Theresa Schyma, City Clerk 324 O FFICIAL C ITY P OLICY C ITY OF G OLDEN V ALLEY General Information Policy Title: Data Practices Policy for Members of the Public Department: Legal Policy Owner (job title): City Clerk Policy ID: LEG 300 Council Approval Date: 07-15-2025 Resolution Number: 25-064 Effective Date: 07-15-2025 ☐New ☒ Updated Policy Overview Policy Description: This policy explains the rights of members of the public to access and request copies of government data under t he Minnesota Government Data Practices Act, Minnesota Statutes, Chapter 13 (the “Data Practices Act”). Purpose & Scope: The Data Practices Act requires the City to prepare a written data access policy regarding the rights of members of the public. This policy outlines the public’s right to request and inspect public data held by the City, including but not limited to: •General Obligations •How to Make a Data Request •How the City Responds to a Data Request •Requests for Summary Data •Fees •Department Data Designees Definitions: For purposes of this policy, the terms below shall have the following meanings: •Data on Individuals – all government data in which any individual is or can be identified as the subject of that data, unless the appearance of the name or other identifying data can be clearly demonstrated to be only incidental to the data and the data are not accessed by the name or other identifying data of any individual. •Data Practices Compliance Official – The staff person who receives and responds to questions or concerns about data practices problems, including problems in obtaining access to data the entity keeps. The Deputy City Clerk (Records) is the designated Data Practices Compliance Official for the City of Golden Valley. •Department Data Designee – A staff person that has been officially designated by the Responsible Authority as a “designee” to be in charge of individual files or systems containing government data and to receive and comply with the requests for government data. •Employee time – Full labor costs of wages and benefits of the lowest-paid employee(s) that would have access to the data and be qualified to search and retrieve the data. •Government Data – Means all data collected, created, received, maintained or disseminated by any government entity regardless of its physical form, storage media or conditions of use. •Redaction – Separating public data from not public data. Government entities cannot charge for redaction. •Responsible Authority – The individual responsible for the collection, use, and dissemination of any set of data on individuals, government data, or summary data, unless otherwise provided by state law. The City Clerk is the designated Responsible Authority for the City of Golden Valley. •Search and retrieval time – The amount of time an employee spends searching for and retrieving government data, and for making, certifying, and electronically transmitting copies of the data or the data. •You – A member of the public requesting government data. 325 Related Documents, Materials & Resources : •City of Golden Valley’s Online Data Request Portal •Data Practices Policy for Requests for Data About You, and Your Rights as a Data Subject - If you would like private data about you, your minor child, or someone for whom you are the legal guardian •Minnesota Data Practices Act, Minnesota Statutes, Chapter 13 •Minnesota Data Practices Office Data Practices Policy for Members of the Public General Obligations The Data Practices Act requires the City of Golden Valley to keep all government data in a way that makes it easy for members of the public to access public data. The Data Practices Act presumes all government data is public unless a state or federal law says the data is not public. Members of the public (hereafter referred to as “you”) have the right to look at (inspect) public data and to request copies pursuant to the procedures and requirements in this policy and as otherwise limited by state and federal law. How to Make a Data Request You can request to look at data or obtain copies of data the City of Golden Valley keeps by making a request on the City of Golden Valley’s Online Data Request Portal. You may also choose not use to use the online data request portal. If you chose not to use the online portal, your emailed, mailed, or faxed request should include: •a statement that you are making a request for public data under the Government Data Practices Act, Minnesota Statutes, Chapter 13 •a clear description of the data you would like to inspect or have copied •instructions for delivering the data to you, stating whether you would like to look at the data, receive copies of the data, or both You are not required to identify yourself or explain the reason for your data request. However, the City may need some information about you to respond to your request (for example, if you request emailed copies, the City will need your email address). If you choose not to give us any identifying information, the City will provide you with contact information so you may check on the status of your request. If City staff do not understand your request and have no way to contact you, the City will not be able to process your request. How the City Responds to a Data Request Upon receiving your request, the City will process it as follows. •If the City does not have the data, a staff member will notify you in writing as soon as reasonably possible. •If the City has the data but is not allowed to give it to you, a staff member will notify you as soon as reasonably possible and state which specific law says prohibits its disclosure. •If the City has the data and the data is public, a staff member will respond to your request within a reasonable amount of time by doing one of the following: o Arrange a date, time, and place for you to inspect data, for free, if your request is to look at the data o Provide you with copies of the data as soon as reasonably possible. You may choose to pick up your copies or a staff member will mail, email, or fax them to you. If you want the City to send you the copies, you will need to provide an address, email address, or fax number. The City will provide electronic copies (such CD-ROM) upon request if the data is normally kept in an electronic format. 326 If you request paper copies or electronic copies that require more than 30 minutes of staff time to search and retrieve, you will be charged a fee and payment will be required prior to receiving your data. Additional information about costs is below. If you do not understand the data (technical terminology, abbreviations, or acronyms), please tell the staff person who provided the data to you. If you do not inspect or collect copies of the data you requested within five business days of being notified they are available, further responses will be suspended. Work will resume only after you inspect or collect the data. Staff may need additional information in order to fulfill your request. If you are contacted about your request and you do not respond within 10 days, your request may be considered ‘abandoned’ and closed. The Data Practices Act does not require the City to create or collect new data in response to a data request, or to provide data in a specific form or arrangement if the data is not kept in that form or arrangement. For example, if the data you request are on paper only, City staff are not required to create electronic documents to respond to your request. If the City agrees to create data in response to your request, staff will work with you on the details of your request, including cost and response time. Under the Data Practices Act, the City is not required to respond to inquiries or questions that are not specific requests for government data. Requests for Summary Data Summary data are statistical records or reports that are prepared by removing all identifiers from private or confidential data on individuals. The preparation of summary data is not a means to gain access to private or confidential data. The City may prepare summary data in certain circumstances depending on the nature of the data and staff availability and work loads. All requests for summary data must be made in writing and you will be charged for the actual cost of creating summary data in addition to any applicable copy costs. Fees The City of Golden Valley charges members of the public for copies of government data. These charges are authorized under Minnesota Statutes, section 13.03, subdivision 3(c). All charges must be paid in full before the data is released. The charges below may vary when a charge is set by statute or rule. •100 or fewer paper copies If you request 100 or fewer pages of black and white, letter, or legal size paper copies, the charge is 25¢ for a one-sided copy or 50¢ for a two -sided copy. •Most other types of copies The charge for most other types of copies is the actual cost of searching for and retrieving the data and making the copies or electronically sending the data (e.g., sending the data by email). Actual Cost of Making Copies The actual cost of making copies includes employee time, the cost of the materials onto which the data is copied (paper, CD, DVD, etc), and mailing costs (if any). Estimates of employee time are calculated using the lowest-paid employee(s) that would have access to the data and be qualified to search and retrieve the data. However, if, based on your request, it is necessary for a higher-paid employee to search for and retrieve the data, the City will calculate search and retrieval charges at the higher salary/wage. If it is determined that the data responsive to your request will exceed 100 pages, we will provide you with an estimate of the total cost prior to fulfilling your request. The actual fees charged may differ from the estimate. The City strives to 327 provide estimates that are as accurate as possible but cannot guarantee the final cost of the request until search and retrieval of the data is complete. You will only be charged the actual cost of fulfilling your request. In an effort to ensure access to public data, there will be no search and retrieval charge for requests that require less than 30 minutes of staff time. Serial requests will be consolidated and considered as one request when calculating fees. If your request is for copies of data City staff cannot copy in-house, such as photographs, the City will charge you the actual cost the City must pay an outside vendor for the copies. Department Data Designee s The Responsible Authority, in consultation with the department heads, will appoint one or more data designees for each City department. The department designees will be responsible for: •Maintaining departmental files and systems containing government data; •Ensuring compliance with the Data Practices Act; •Processing data requests; and •Answering inquiries from the public concerning departmental data. A list of the City’s department data designees will be kept on file with the Responsible Authority and posted on the City website. 328 O FFICIAL C ITY P OLICY C ITY OF G OLDEN V ALLEY General Information Policy Title: Data Practices Policy for Data Subjects Department: Legal Policy Owner (job title): City Clerk Policy ID: LEG 301 Council Approval Date: 07-15-2025 Resolution Number: 25-064 Effective Date: 07-15-2025 ☐New ☒ Updated Policy Overview Policy Description: This policy explains the rights of data subjects to access and request copies of government data under the Minnesota Government Data Practices Act, Minnesota Statutes, Chapter 13 (the “Data Practices Act”). Purpose & Scope: The Data Practices Act requires the City to prepare a written policy of the rights of data subjects under the Act and the specific procedures used by the City for access by a data subject to public or private data on individuals. This policy explains the rights of data subjects and tells individuals how to request data about themselves, their minor child, or someone for whom they are the legal guardian. This policy includes information on the following topics: •General Obligations •Classification of Data about You •Your Rights Under the Data Practices Act •How to Make a Request for Your Data •How the City Responds to a Data Request •Fees for Data Subjects •Standards for Verifying Identity Definitions: For purposes of this policy, the terms below shall have the following meanings: •Data on Individuals – Data in which any individual is or can be identified as the subject of that data. Individuals are natural persons, and include parents and guardians for minors or incapacitated persons. •Employee time – Full labor costs of wages and benefits of the lowest-paid employee(s) that would have access to the data. •Government Data – Means all data collected, created, received, maintained or disseminated by any government entity regardless of its physical form, storage media or conditions of use. •Redaction – Separating public data from not public data. Government entities cannot charge for redaction. •Search and retrieval time – The amount of time an employee spends searching for and retrieving government data, and for making, certifying, and electronically transmitting copies of the data or the data. •Subject of Data – An individual is the subject of data when the individual can be identified from the data. •You – A member of the public requesting government data. Related Documents, Materials & Resources : •City of Golden Valley’s Online Data Request Portal •Data Practices Policy for Members of the Public •Minnesota Data Practices Act, Minnesota Statutes, Chapter 13 •Minnesota Data Practices Office 329 Policy General Obligations The Data Practices Act says data subjects have certain rights related to a government entity collecting, creating, and keeping government data about them. Under the Data Practices Act, the City must keep all government data on individuals in a way that makes it easy for data subjects to access data about themselves. The City can collect and keep only those data about individuals needed for administering and managing programs that are permitted by law. Classification of Data about You The Data Practices Act presumes all government data are public unless a state or federal law says the data are not public. Data about you are classified by state law as follows: •Your Public Data: Some data about you is classified under the Government Data Practices Act as public data. For example, your name on an application for a license from the City is public data. The Government Data Practices Act presumes all government data are public unless a state or federal law says the data are not public. The City must give public data to anyone who asks. It does not matter who is asking for the data or why the person wants the data. •Your Private Data: Some data about you is classified as private data. For example, an employee’s Social Security number is private data. The City cannot give private data to the public. The City can share your private data with you, with someone who has your permission, with government entity staff whose job requires or permits them to see the data, and with others as permitted by law or court order. •Your Confidential Data: Some data about you is classified as confidential data. For example, your identity as mandated reporter of child abuse or neglect is confidential data. Confidential data have the most protection. Neither the public nor you can access confidential data, even when the confidential data are about you. The City can share confidential data about you with government entity staff who have a work assignment to see the data, and with others as permitted by law or court order. Your Rights Under the Data Practices Act Access to Your Data You have the right to look at (inspect), free of charge, public and private data the City keeps about you. You also have the right to get copies of public and private data about you. The Data Practices Act sets the amount the City may charge for copies. You have the right to look at data, free of charge, before deciding to request copies. If you ask, City staff will tell you whether the City keeps data about you and whether the data are public, private, or confidential. As a parent, you have the right to look at and get copies of public and private data about your minor children (under age 18). As a legally appointed guardian, you have the right to look at and get copies of public and private data about an individual for whom you are appointed guardian. Minors have the right to ask the City not to give data about them to their parent or guardian. If you are a minor, the City will tell you that you have this right. The City may ask you to put your request in writing and to include the reasons the City should deny your parents access to the data. The City will make the final decision about your request based on the factors listed in Minnesota Administrative Rule 12 05.0500, subpart 3(B). Minors do not have this right if the data in question are educational data maintained by an educational agency or institution. When the City Collects Data From You When the City asks you to provide data about yourself that are not public, the City must give you a notice. The notice is sometimes called a Data Practices or Tennessen Warning. The notice controls what the City does with the data it collects from you. Usually, the City can use and release the data only in the ways described in the notice. 330 The City will ask for your written permission if it needs to use or release private data about you in a different way, or if you ask the City to release the data to another person. This permission is called informed consent. If you want the to release data to another person, you may use the consent form provided by City staff. Protecting Your Data The Data Practices Act requires the City to protect your data. The City has established appropriate safeguards to ensure your data are safe. When Your Data are Inaccurate or Incomplete You have the right to challenge the accuracy and completeness of public and private data about you. You also have the right to appeal the City’s decision. If you are a minor, your parent or guardian has the right to challenge data about you. How to Make a Request for Your Data You may request to look at (inspect) data or obtain copies of data we keep about you, your minor children, or an individual for whom you have been appointed legal guardian. You must make this request in writing. You can request data by making a data request on the City of Golden Valley’s Online Data Request Portal. You may also choose not use to use the online data request portal. If you chose not to use the online portal, your emailed, mailed, or faxed request should include: •a statement that you are making a request for public data under the Government Data Practices Act, Minnesota Statutes, Chapter 13 •a clear description of the data you would like to inspect or have copied •instructions for delivering the data to you, stating whether you would like to look at the data, receive copies of the data, or both •identifying information that proves you are the data subject, or data subject’s parent/guardian The City of Golden Valley may require proof of your identity before staff can respond to your request for data. If you are requesting data about your minor child, you must show proof that you are the minor’s parent. If you are a guardian, you must show legal documentation of your guardianship. Please see the Standards for Verifying Identity included in this policy. If you do not provide proof that you are the data subject, the City cannot respond to your request. How the City Responds to a Data Request Upon receiving your request, the City will process it as follows. •If it is not clear what data you are requesting, City staff will ask you for clarification. •If the City does not have the data, staff will notify you in writing within 10 business days. •If the City has the data but the data are confidential or private data that are not about you, staff will notify you within 10 business days and state which specific law says you cannot access the data. •If the City has the data and the data are public or private data about you, staff will respond to your request within 10 business days by doing one of the following: o arrange a date, time, and place to inspect data, for free, if your request is to look at the data o provide you with copies of the data within 10 business days. You may choose to pick up your copies, or staff will mail, email or fax them to you. The City will provide electronic copies (such as CD-ROM) upon request if the data is normally kept in an electronic format. After the City has provided you access to data about you, the City does not have to show you the data again for six months unless there is a dispute or the City collects or creates new data about you. If you do not understand some of the data (technical terminology, abbreviations, or acronyms), please let City staff know. The City will give you an explanation if you ask. 331 If you do not inspect or collect copies of the data you requested within five business days of being notified they are available, further responses will be suspended. Work will resume only after you inspect or collect the data. Staff may need additional information in order to fulfill your request. If you are contacted about your request and you do not respond within 10 days, your request may be considered ‘abandoned’ and closed. The Data Practices Act does not require the City to create or collect new data in response to a data request if the City does not already have the data, or to provide data in a specific form or arrangement if the data is not kept in that form or arrangement. For example, if the data you request are on paper only, the City is not required to create electronic documents to respond to your request. If the City agrees to create data in response to your request, staff will work with you on the details of your request, including cost and response time. In addition, we are not required under the Data Practices Act to respond to questions that are not specific requests for data. Fees for Data Subjects The City of Golden Valley may charge you the actual cost for copies of government data about you. These charges are authorized under Minnesota Statutes, section 13.04, subdivision 3. All charges must be paid in full before the data is released. The charges below may vary when a charge is set by statute or rule. Actual Cost of Making Copies In determining the actual cost of making copies, the City includes the actual cost for an employee to make and transmit paper copies or copies of electronically stored data, as well as the actual cost of materials. The City does not include charges for redaction or for searching for and retrieving data. Employee time is calculated using the lowest-paid employee(s) that would have access to the data. Prior to processing your request, the City will provide you with an estimation of the total cost. However, the actual fees charged may differ. The City strives to provide estimates that are as accurate as possible but cannot guarantee the final cost of the request until the request is complete. You will only be charged the actual cost of fulfilling your request. If your request is for copies of data City staff cannot copy in-house, such as photographs, the City will charge you the actual cost the City must pay an outside vendor for the copies. Standards for Verifying Identity The following constitute proof of identity. An adult individual must provide a valid photo ID, such as a: •state driver's license •military ID •passport •Minnesota ID •Minnesota tribal ID A minor individual must provide a valid photo ID, such as a: •state driver's license •military ID •passport •Minnesota ID •Minnesota tribal ID 332 •Minnesota school ID The parent or guardian of a minor must provide a valid photo ID and either a: •certified copy of the minor's birth certificate or •certified copy of documents that establish the parent or guardian's relationship to the child, such as: o a court order relating to divorce, separation, custody, foster care o a foster care contract o an affidavit of parentage The legal guardian for an individual must provide a valid photo ID and a certified copy of appropriate documentation of formal or informal appointment as guardian, such as: •court order(s) •valid power of attorney Note: Individuals who do not exercise their data practices rights in person must provide either notarized or certified copies of the required documents or an affidavit of ID. 333 C ITY OF G OLDEN V ALLEY D ATA I NVENTORY PURSUANT TO M INN . S TAT . § 13.025, SUBD. 1 Name of Record, File, Or Data Type Description Data Classification Citation For Classification Employee Work Access Appointment Files Appointments to various Council Boards, Commissions, or Committees Public/Private Minn. Stat. § § 13.43, 13.601 Certain employees on an as-needed basis as part of specific work assignments Attorney Opinions Official opinions of City attorney Public/Private Minn. Stat. § § 13.393, 13.39 Certain employees on an as-needed basis as part of specific work assignments Audit Reports External Based on private companies for review of tax payments, or based on internal operations Non-Public Minn. Stat. § 13.37 Certain employees on an as-needed basis as part of specific work assignments Audit Reports Internal Based on private companies for review of tax payments, or based on internal operations Non-Public Minn. Stat. § 13.392 Certain employees on an as-needed basis as part of specific work assignments Automatic Payment Plan Authorization Form With supporting documentation Public/Private Minn. Stat. § § 13.37 Certain employees on an as-needed basis as part of specific work assignments Bids and Proposals Responses to requests for bids and proposals Public/Private Minn. Stat. § 13.591 Certain employees on an as-needed basis as part of specific work assignments Building Plans Commercial, industrial, residential Public/Private Non-Public Minn. Stat. § § 13.37, subd. (1)(b), 541.051 Certain employees on an as-needed basis as part of specific work assignments Checks (Accounts Receivable) Received from customers Public/Private Minn. Stat. § 13.37 Certain employees on an as-needed basis as part of specific work assignments Civil Litigation Files Judgments, settlements, releases, correspondence Public/Private Confidential Protected Non-Public Minn. Stat. § 13.39 Certain employees on an as-needed basis as part of specific work assignments Community Development Block Grant Applications Annual breakdown of applications and supporting materials Public/Private Minn. Stat. § 13.462 Certain employees on an as-needed basis as part of specific work assignments Credit Card Receipts Merchant copies Public/Private Minn. Stat. § 16A.626 Certain employees on an as-needed basis as part of specific work assignments 334 Name of Record, File, Or Data Type Description Data Classification Citation For Classification Employee Work Access Criminal Litigation Files Documents litigation involving the City Public/Private Confidential Protected Non-Public Minn. Stat. § § 13.393, 13.82 Certain employees on an as-needed basis as part of specific work assignments Complaints By citizens about the use of real property Public/Private Minn. Stat. § 13.44 Certain employees on an as-needed basis as part of specific work assignments Absentee Ballot Application Absentee ballot application Public/Private Minn. Stat. § 203B.12 Certain employees on an as-needed basis as part of specific work assignments Ballots Voted or rejected Public/Private Minn. Stat. § 13.37 City Clerk on an as- needed basis Checks Received from customers submitted electronically Public/Private Minn. Stat. § 13.37 Certain employees on an as-needed basis as part of specific work assignments Insurance Claims Filed by or against the City Public/Private Minn. Stat. § 13.43 Certain employees on an as-needed basis as part of specific work assignments Fee Waiver Forms For low income participates in Parks & Recreation programs Private Minn. Stat. § 13.462 Certain Parks & Recreation employees on an as-needed basis as part of specific work assignments Mailing Lists For program participants Private Minn. Stat. § 13.548 Certain Parks & Recreation employees on an as-needed basis as part of specific work assignments Photographs Photos retained in accordance with item related to in General Records Retention Schedule Public/Private Minn. Stat. § 13.82 Certain employees on an as-needed basis as part of specific work assignments Property Acquisition Deeds, contracts, correspondence, purchase valuation data, agreements Public Confidential Protected Non-Public Minn. Stat. § § 13.44, 13.585 Certain employees on an as-needed basis as part of specific work assignments Property Files Files involving land acquisitions, condemnations, land sales, lawsuits, etc Public/Private Confidential Protected Non-Public Minn. Stat. § 13.39 Certain employees on an as-needed basis as part of specific work assignments 335 Name of Record, File, Or Data Type Description Data Classification Citation For Classification Employee Work Access Real Property Appraisals Public/ Confidential Minn. Stat. § 13.44 Certain employees on an as-needed basis as part of specific work assignments Registration Forms For Parks & Recreation program participants Public/Private Minn. Stat. § 13.57 Certain Parks & Recreation employees on an as-needed basis as part of specific work assignments Rosters For Parks & Recreation program participants Private Minn. Stat. § 13.57 Certain Parks & Recreation employees on an as-needed basis as part of specific work assignments Social Security Numbers Collected or maintained on individuals Private Minn. Stat. § 13.355 Certain employees on an as-needed basis as part of specific work assignments Response to Data Requests Data collected in responding to requests for data maintained by City of Golden Valley Public/Private Various Responsible Authority Data Practices Compliance Official 1099 Miscellaneous Income 1099 Miscellaneous Income Public/Private Minn. Stat. § 13.43 Certain employees on an as-needed basis as part of specific work assignments 336 EXECUTIVE SUMMARY Community Development 763-512-2345 / 763-512-2344 (fax) Golden Valley City Council Meeting July 15, 2025 Agenda Item 3G. Adopt Second Consideration of Ordinance No. 800 Updating City Code Chapter 12 Related to Fire Prevention and Protection, Adopt Resolution No. 25-065 Approving Summary Publication, and Repeal Resolution No. 25-056 - Delegation of Fire System Plan Review and Inspection Authority Policy Prepared By Chloe McGuire, Deputy Community Development Director Alisa Schuster, Assistant Fire Chief Summary The proposed code update includes two minor changes that are intended to provide clarification related to fire prevention and protection. The first change updates the Minnesota State Fire Code (MSFC) appendices that are incorporated by reference into the City's Code. These appendices have been updated in the MSFC and renumbered. The new code includes the updated appendix letters and relevant section names. The second update allows the Fire Chief to delegate plan review and inspection authority to other qualified staff members. This is standard practice and was a request from the State of Minnesota, who delegates the City of Golden Valley local authority. Finally, the proposed language links the online MSFC. Included in the proposed approvals is a summary publication of the ordinance. Additionally included in this case is revocation of the Delegation of Fire System Plan Review and Inspection Authority Policy, which was approved on June 17, 2025, via Resolution No. 25-056 and intended as an interim solution until this ordinance was approved. Financial or Budget Considerations There are no financial or budget considerations for this item. Legal Considerations The City's Legal Department has reviewed and approved of the proposed changes. Equity Considerations The City of Golden Valley already adopted numerous appendices by reference into the City Code. These appendices, or chapters, were only listed by letter (e.g. Appendix B) but did not list the relevant section name (e.g. Appendix B - Fire-Flow Requirements for Buildings). As the Minnesota State Fire Code (MSFC) has changed over time, they have rearranged appendices, which resulted in outdated information in the City Code. By listing the appendix name, this will allow the City Code to function more transparently over time if the MSFC changes their appendix numbers. This is more transparent 337 for staff, contractors, and customers who are using our City Code. Recommended Action Motion to adopt Second Consideration of Ordinance No. 800, updating City Code related to the fire prevention and protection. Motion to adopt Resolution No. 25-065 Authorizing Summary Publication of Ordinance No. 800. (This resolution requires a four-fifths vote of all members of the Council for approval.) Motion to repeal Resolution No. 25-056 - Delegation of Fire System Plan Review and Inspection Authority Policy. Supporting Documents Ordinance No. 800 - Updating City Code Chapter 12 Related to Fire Prevention and Protection Resolution No. 25-065 - Authorizing Summary Publication of Ordinance No. 800 Related to Fire Prevention and Protection Resolution No. 25-056 Exhibit A - Delegation of Fire System Plan Review and Inspection Authority Policy 338 ORDINANCE NO. 800 AN ORDINANCE AMENDING THE CITY CODE AMENDING CHAPTER 12 OF THE CITY CODE RELATED TO FIRE PREVENTION AND PROTECTION The City Council of the City of Golden Valley hereby ordains as follows: Section 1. City Code Chapter 12. Fire Prevention and Protection, Article I. Adoption of Minnesota State Fire Code is hereby replaced in its entirety to read as follows: Sec. 12-1. Adoption of Minnesota State Fire Code. (a) Code Adopted. The most current edition of the Minnesota State Fire Code (MSFC), as adopted pursuant to Minnesota Statutes 299F.011, 645.31, 326B.02.Sub 6 and as modified by Minnesota Rules, Chapter 7511, in conjunction with the State Building Code, is hereby adopted as the Fire Code for the City. Every provision contained in the Minnesota State Fire Code, except as modified or amended by this Section, is hereby adopted and made part of this Section as if fully set forth verbatim herein. The Fire Chief may delegate the authority of plan review for fire alarm and fire suppression systems and associated inspections to the Building Official or personnel otherwise approved by the Minnesota State Fire Marshal Division in the absence of qualified personnel in the Fire Department. (b) Minnesota State Fire Code Appendixes Adopted. The following appendices to the MSFC are hereby adopted and incorporated as part the Fire Code for the City: (1) Appendix B, Fire-Flow Requirements for Buildings (2) Appendix C, Fire Hydrant Locations and Distribution (3) Appendix D, Fire Apparatus Access Roads (4) Appendix F, Hazard Ranking (5) Appendix H, Hazardous Materials Management Plan (HMMP) and Hazardous Materials Inventory Statement (HMIS) Instructions (6) Appendix I, Fire Protection Systems – Noncompliant Conditions (7) Appendix K, Construction Requirements for Existing Ambulatory Care Facilities (8) Appendix O, Fires or Barbeques on Balconies or Patios (9) Appendix P, Emergency Responder Radio Coverage (c) Inspection Reports. Contractors who perform inspection, testing and/or maintenance services on fire and life-safety systems within the City of Golden Valley are required to electronically submit all compliant and non-compliant system inspection reports to the Golden Valley Fire Department via a method approved by the Fire Chief. (d) Certificate Required. An Underwriter's Laboratory (U.L.) 72 "Central Station Fire Alarm System Certificate" shall be required for all electrically monitored fire alarm and sprinkler systems and communicators. 339 Ordinance No. 800 -2- July 15, 2025 (e) Code on File. One copy of said code shall be marked CITY OF GOLDEN VALLEY - OFFICIAL COPY and kept on file in the office of the City Clerk and online for inspection and use by the public. Section 2. This ordinance shall take effect from and after its passage and publication as required by law. Adopted by the City Council of Golden Valley, Minnesota this 15th day of July, 2025. Roslyn Harmon, Mayor ATTEST: Theresa J. Schyma, City Clerk 340 RESOLUTION NO. 25-065 RESOLUTION AUTHORIZING SUMMARY PUBLICATION OF ORDINANCE NO. 800 AN ORDINANCE AMENDING THE CITY CODE AMENDING CHAPTER 12 – FIRE PREVENTION AND PROTECTION WHEREAS, the City has adopted the above reference 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 that the following summary is hereby approved for official publication: SUMMARY PUBLICATION ORDINANCE NO. 800 AN ORDINANCE AMENDING THE CITY CODE AMENDING CHAPTER 12 – FIRE PREVENTION AND PROTECTION This is a summary of the provisions of Ordinance No. 800 which has been approved for publication by the City Council. At the July 15, 2025 City Council meeting, the Golden Valley City Council enacted Ordinance No. 800 amending City Code Chapter 12 – Fire Prevention and Protection. 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/. Adopted by the City Council this 15th day of July, 2025. ______________________________ Rosalyn Harmon, Mayor ATTEST: ______________________________ Theresa Schyma, City Clerk 341 O FFICIAL C ITY P OLICY C ITY OF G OLDEN V ALLEY General Informa�on Policy Title: Delega�on of Fire System Plan Review and Inspec�on Authority Department: Fire Policy Owner (job �tle): Fire Chief Policy ID: [To be assigned] Council Approval Date: June 17, 2025 Resolu�on Number: 25-056 Effec�ve Date: June 17, 2025 ☒New ☐ Updated Policy Overview Policy Descrip�on: To establish a formal mechanism by which the Fire Chief may delegate plan review and inspec�on responsibili�es for fire alarm and fire suppression systems. Purpose & Scope: This policy ensures con�nued compliance with state fire safety regula�ons and uninterrupted development services by enabling the Fire Chief to delegate authority for plan review and inspec�ons related to fire alarm and suppression systems. The delega�on may be made to the Building Official, or other personnel approved by the Minnesota State Fire Marshal Division. This policy applies only in the absence of qualified personnel within the Golden Valley Fire Department. Defini�ons: •Qualified Personnel: Fire Department staff who are trained, cer�fied and authorized to perform fire alarm and suppression system plan reviews and inspec�ons. •Plan Review: The process of examining fire protec�on system construc�on documents to ensure compliance with applicable codes. •Inspec�on: On-site verifica�on that fire protec�on systems have been installed in accordance with approved plans and relevant regula�ons. Related Documents, Materials & Resources: •Minnesota State Fire Code •Minnesota State Fire Marshal Division Guidelines •Golden Valley City Code, Chapter 12 Policy In the event that the Fire Department lacks qualified personnel to perform fire alarm and/or fire suppression system plan reviews and inspec�ons, the Fire Chief is authorized to delegate such responsibili�es to the City's Building Official or other personnel or agencies otherwise approved by the Minnesota State Fire Marshal Division. This delega�on shall be documented in wri�ng and maintained by the Fire Department for the dura�on of its validity. The delegated authority shall comply with all applicable local and state codes and regula�ons. This policy is intended to ensure uninterrupted enforcement of fire safety standards and support the �mely progression of construc�on and development projects within the City of Golden Valley. 342 EXECUTIVE SUMMARY Community Development 763-512-2345 / 763-512-2344 (fax) Golden Valley City Council Meeting July 15, 2025 Agenda Item 3H. Adopt Ordinance No. 801 Approving Major Amendment to Planned Unit Development No. 83 at 9000 Plymouth Avenue North, the General Mills James Ford Bell (JFB) Research Center Campus and Resolution No. 25-066 Approving Summary Publication of the Ordinance Prepared By Jacquelyn Kramer, Senior Planner Summary Mamie Harvey, on behalf of General Mills, requests a Major Amendment to a Planned Unit Development (PUD) at 9000 Plymouth Avenue. The Major Amendment would allow a two-story building addition and associated site improvements on the northeast side of the campus. Financial or Budget Considerations Standard application and permitting fees apply to this project. Legal Considerations PUD provisions provide an optional method of regulating land use which permits flexibility in the uses allowed and other regulations. Once a PUD has been granted and is in effect for a parcel, no building permit shall be issued for that parcel which is not in conformance with the approved PUD plan, the building code, and with all other applicable City Code provisions. A major amendment to a PUD shall be reviewed by Planning Commission and approved by a simple majority vote of the City Council. Equity Considerations The applicant hosted a hybrid neighborhood meeting on June 16, 2025. The request was also part of a public hearing at the June 23, 2025, Planning Commission meeting. Both meetings offered residents an opportunity to participate in the City process consistent with Equity Pillar 2 for Inclusive and Effective Community Engagement. Recommended Action Motion to adopt Ordinance No. 801 to approve a Major Amendment to Planned Unit Development (PUD) No. 83 to allow building and site improvements at 9000 Plymouth Avenue North, the General Mills James Ford Bell (JFB) Research Center Campus, subject to the findings and conditions in the staff report. Motion to adopt Resolution No. 25-066 approving summary publication of Ordinance No. 801. (This resolution requires a four-fifths vote of all members of the Council for approval.) 343 Supporting Documents Staff Report Ordinance No. 801 - Approving Major Amendment to Planned Unit Development No. 83 at 9000 Plymouth Avenue North, the General Mills James Ford Bell (JFB) Research Center Campus Project Plans Public Comments Planning Commission Draft Meeting Minutes Resolution No. 25-066 - Authorizing Summary Publication of Ordinance No. 801 344 Date: July 15, 2025 To: Golden Valley City Council From: Jacquelyn Kramer, Senior Planner Subject: Planned Unit Development (PUD) Major Amendment for General Mills James Ford Bell (JFB) Campus (PUD No. 83) Subject Property Location: 9000 Plymouth Avenue North Parcel ID Number: 3011821340004 Applicant/Property Owner: Mamie Harvey, on behalf of General Mills Site Size: 48.8 acres Future Land Use: Industrial Zoning District: I - Industrial Existing Uses: Manufacturing, warehouse, and research & development Adjacent Properties: Single family homes to the east and west; open space to the north; Plymouth Avenue and open space to the south Project Background General Mills originally developed 9000 Plymouth Avenue in 1960 as a food research facility. The parcel north of the JFB campus (9145 Earl Street) is undeveloped open space with walking trails available for public use through an agreement between the City and General Mills. Project Proposal The applicant proposes construction of Wing 18, a two-story addition to the primary building on the JFB campus. The Wing 18 addition will include two occupied floors and a fan loft to support pilot plant technical services, storage, and associated mechanical and electrical systems. The addition will be used as research and development space with associated supportive uses in a similar manner as the rest of the JFB campus. General Mills does not anticipate more on-site employees as a result of this addition. A below-grade utility tunnel will connect Wing 18 to the existing chiller plant, enhancing overall operational efficiency. v 345 Site Image 2018 aerial photo (Hennepin County) Site improvements will include paving modifications to accommodate fire truck access and a new loading dock for Wing 18, as well as construction of the utility tunnel. Grading and landscaping revisions will be implemented to manage stormwater runoff and to provide visual screening from the surrounding neighborhood. Location of proposed addition 346 The project will occur in three phases. The first phase will include site and utility work, and the second phase will provide accessibility and toilet/locker room upgrades on two levels. The first two phases of the project have a completion date of March 2026. The final phase, construction of the Wing 18 addition, is expected to be completed by May 2027. The Wing 18 addition will utilize the same exterior materials currently in use across the JFB campus, including brick cladding and corrugated metal, ensuring architectural continuity. Landscape modifications on the north side of Wing 18 will align with existing campus landscaping, featuring trees, shrubs, grasses, and stone to create a welcoming and cohesive environment adjacent to the existing north staff entrance. On the east side, new trees will be planted to maintain the City’s requirements for tree preservation and preserve the visual buffer along the eastern edge of the property. Planning Analysis The City approved PUD No. 83 when General Mills developed the site, and the PUD has been amended five times since then as the campus has expanded. Now, the applicant seeks approval to amend PUD No. 83 to allow a two-story building addition and related site work on the northeast portion of the campus. PUD amendments may be processed in one of three ways: 1. Administrative Amendments 2. Minor Amendments 3. Major Amendments This request is considered as Major Amendment due to some of the proposed changes to the site, including the proposed changes to site circulation and removal of some of the existing private road network to accommodate the proposed addition. In reviewing this application, staff has examined the request in accordance with the standards outlined in Section 113-123 of the Code, which provides the criteria for granting a PUD Major Amendment. The PUD district intent is “to provide an optional method of regulating land use which permits flexibility from the other provisions of the City Code, including flexibilit y in uses allowed, setbacks, height, parking requirements, number of buildings on a lot, and similar regulations in exchange for public benefit in the form of amenities.” Approval of a PUD amendment requires the following findings be made by the City: 1. Quality Site Planning. The PUD plan is tailored to the specific characteristics of the site and achieves a higher quality of site planning and design than generally expected under conventional provisions of this chapter. The proposed changes include an expanded turning loop for emergency vehicles so that emergency access to the new and existing buildings will be maintained. 2. Preservation. The PUD plan preserves and protects substantial desirable portions of the site's characteristics, open space and sensitive environmental features including steep slopes, trees, scenic views, creeks, wetlands and open waters. The addition’s location minimizes the impact to trees and landscaping on the site. Additional trees and 347 landscaping will be planted to comply with the City’s tree preservation policy and to screen the new addition from neighboring properties. Access to the public trails north of the project site will be maintained throughout construction , and trees in the nature area will not be impacted by construction activities. 3. Efficient; Effective. The PUD plan includes efficient and effective use (which includes preservation) of the land. The proposed building plans efficiently increase space for research and development, warehouse, and supportive uses on the site. The new utility tunnel will provide increase operational efficiency of the campus will keeping utility facilities underground. 4. Consistency. The PUD plan results in development that is compatible with adjacent uses and consistent with the Comprehensive Plan and redevelopment plans and goals. The addition will contain the same uses as those currently operating on the site, including R&D and warehouse uses. The project allows the user to continue and expand their business on the site while minimizing impacts to neighboring properties. 5. General Health. The PUD plan is consistent with preserving and improving the general health, safety and general welfare of the people of the City. The proposed changes will have no impact on the health, safety, or welfare of the community. The proposed uses are similar to the existing uses on the site and do not generate any nuisances or impacts on neighboring properties. The addition will not result in additional employees on-site. Traffic and parking demand will remain at similar levels as they are today. 6. Meets Requirements. The PUD plan meets the intent and purpose provisions of Subsection (a) of this section and all other provisions of this section. The application meets the intent of the PUD district by allowing uses and site design that would otherwise not be achievable through the normal zoning regulations. Staff finds the application meets all the requirements for PUD Amendments in Section 113-123. Public Notification As required by ordinance, a neighborhood notice was published in the local paper of record and mailed to all properties within 500 feet of the site. Additionally, the Neighborhood Notification Policy requires the applicant to hold a neighborhood meeting. The meeting was held at City Hall on June 16, 2025, and included a remote attendance option via Teams. Attendees included the required City staff member, the two applicant representatives and four members of the public (one remote). The group discussed the former driveway off Boone Avenue and the applicant confirmed there are no plans to reopen this entrance. The applicant also explained the landscaping that would maintain a visual screen between the new addition and the neighboring properties. No one voiced opposition to the project. After publication of the Planning Commission June 23 meeting packet , one resident submitted a letter on the project. The letter raised concerns regarding landscaping screening and the fence 348 along Boone Avenue. Please see the letter attached to this staff report. Both City Staff and the applicant spoke to the resident after the public hearing. Public Hearing Planning Commission held a public hearing on the application on June 23, 2025. One resident spoke regarding outdoor lighting on the western side of the property. After closing the public hearing, the Planning Commission continued discussing the project and the public comments. The Commission’s discussion included Xcel Energy’s installation of power poles on the site; tree mitigation and replacement requirements; landscaping, screening, and fencing along Boone Avenue on the eastern side of the site; construction soil storage in the nature area north of the site; and the general process for PUD amendments. Please see the attached draft meeting minutes. The Commission unanimously recommended approval of the Major PUD Amendment based on the findings in the staff report. Recommendation Staff recommends approval of the Major PUD Amendment, subject to the findings in the staff report. Based on Staff’s analysis of the project plans, the public comments received, and Planning Commission’s recommendations, Staff also recommends the following conditions of approval: 1. Plans will be updated per the Fire Marshal’s requirements to ensure emergency response vehicle access. 2. Applicant will submit a temporary fire protection plan for staff approval. This plan will ensure emergency access during all phases of construction. 3. The applicant will work with City Staff on bringing the fence along Boone Avenue into compliance with City Code, including removal of the barbed wire on top of the fence. 4. The applicant will work with City Staff on developing a neighborhood communication plan to notify neighbors of construction updates. 5. The applicant receives I/I Compliance Certification. 6. All plans must be approved by City Staff prior to any issuance of building permits. 7. Before building permits are issued, the applicant must receive all required City and watershed permits. Next Steps If City Council approves the Major PUD Amendment, the applicant will finalize construction plan and apply for permits. 349 ORDINANCE NO. 801 AN ORDINANCE AMENDING THE CITY CODE APPROVAL OF AMENDMENT TO PLANNED UNIT DEVLEOPMENT NO. 83 GENERAL MILLS JAMES FORD BELL CAMPUS 9000 PLYMOUTH AVENUE NORTH WHEREAS, Mamie Harvey on behalf of General Mills applied for a Major Amendment to a Planned Unit Development (PUD No. 83) to allow a building addition and related site improvements at 9000 Plymouth Avenue North; and WHEREAS, Section 113-123(c)(2) of the City Code governs Planned Unit Developments and Amendments; and WHEREAS, the City of Golden Valley Planning Commission held a public hearing on June 23, 2025, and recommended approval of the Planned Unit Development Major Amendment. NOW THEREFORE, THE CITY COUNCIL FOR THE CITY OF GOLDEN VALLEY HEREBY ORDAINS AS FOLLOWS: Section 1. Pursuant to City Code Chapter 113. Zoning, Article III. Zoning Districts, Section 113-123, a Planned Unit Development Amendment is hereby approved for a certain tract of land located at 9000 Plymouth Avenue North, thereby allowing a 37,000 square foot building addition generally located in the northeast quadrant of the campus and site improvements including a new underground utility tunnel, new paved turnback area, and new tree plantings. This Planned Unit Development Amendment is approved based on the application materials and plans submitted by the applicant, staff memos, public comments and information presented to the Planning Commission and City Council, and findings recommended by the Planning Commission. This Planned Unit Development Amendment is approved pursuant to City Code Section 113- 123 and adopted by the City Council on July 15, 2025. This Planned Unit Development is subject to all of the terms of the permit to be issued including, but not limited to, the following specific conditions: 1. The applicant shall update plans per Fire Department requirements to ensure emergency response vehicle access. 2. Applicant will submit a temporary fire prote ction plan for staff approval. This plan will ensure emergency access during all phases of construction. 3. The applicant shall obtain an I/I Compliance Certification from the City. 4. The applicant shall develop a neighborhood communication plan to notify neighbors of construction updates that is satisfactory to City staff. 350 Ordinance No. 801 - 2 - July 15, 2025 5. The applicant shall remove the barbed wire on the fence along Boone Avenue to comply with City Code requirements. 6. All plans must be approved by City Staff prior to any issuance of building permits. 7. The applicant shall obtain all required city and watershed permits before the City issues building permits. In addition, the City Council makes the following findings pursuant to City Code Section 113-123(c)(2): 1. 1. The PUD plan is tailored to the specific characteristics of the site and achieves a higher quality of site planning and design than generally expected under conventional provisions of the ordinance. 2. The PUD plan preserves and protects substantial desirable portions of the site' s characteristics, open space and sensitive environmental features including steep slopes, trees, scenic views, creeks, wetlands and open waters. 3. The PUD plan includes efficient and eff ective use ( which includes preservation) of the land. 4. The PUD plan results in development compatible with adjacent uses and is consistent with the Comprehensive Plan and redevelopment plans and goals. 5. The PUD plan is consistent with preserving and improving the general health, safety and general welfare of the people of the City. 6. The PUD plan meets the PUD Intent and Purpose provision and all other PUD ordinance provisions. Section 2. The tract of land affected by this ordinance is legally described as follows: That part of the South Half of the Southeast Quarter of the Northwest Quarter of Section 30, Township 118, Range 21, Hennepin County, Minnesota lying east of the west 30 feet thereof, except the north 3 acres of the east 880.00 feet thereof, and except that part embraced within the plat of MCDOUGALL-JURIS ADDITION, Files of the Registrar of Titles, Hennepin County, Minnesota, and except that part lying within a distance of 40 feet northerly and 40 feet southerly of the following described center line: Commencing at the southeast corner of the Northeast Quarter of said Section 30; thence West along the south line of said Northeast Quarter to the southwest corner of said Northeast Quarter and the point of beginning of the center line to be described; thence Northwesterly a distance of 485.14 feet along a tangential curve concave to the northeast and having a radius of 747.64 feet; thence Northwesterly and tangent to the last described curve a distance of 621.11 feet; thence Northwesterly and Westerly a distance of 461.36 feet along a tangential curve concave to the southwest and having a radius of 710.99 feet and said center line there terminating. and: 351 Ordinance No. 801 - 3 - July 15, 2025 The Northeast Quarter of the Southwest Quarter of Section 30, Township 118, Range 21, Hennepin County, Minnesota. Except the west 30.00 feet, and except the east 30.00 feet of the south 275.00 feet thereof. and: The Southeast Quarter of the Southwest Quarter of Section 30, Township 118, Range 21, Hennepin County, Minnesota. Except the west 30.00 feet of the north 969.88 feet, the west 50.00 feet of the south 100.00 feet of the north 1069.88 feet, and the east 30.00 feet thereof. and: That part of the Northeast Quarter of the Northwest Quarter of Section 31, Township 118, Range 21, Hennepin County, Minnesota lying north of the northerly right of way line of Plymouth Avenue. Section 3. This ordinance shall take effect from and after its passage and publication as required by law. Adopted by the City Council of Golden Valley, Minnesota this 15th day of July, 2025. _____________________ Roslyn Harmon, Mayor ATTEST: Theresa Schyma, City Clerk 352 353 ................................................................. OWNER TO MODIFY ADA PARKING PRIOR TO PROJECT OWNER TO MODIFY ADA PARKING PRIOR TO PROJECT N SCALE IN FEET 0 40 80 (Per Hennepin County Tax Records) Lot 1, Block 1, GENERAL MILLS P.U.D. NO. 83, Hennepin County, Minnesota. DESCRIPTION OF PROPERTY SURVEY REPORT 1.No boundary work was performed for this survey. Line work for lots and roads are approximate, provisional in nature, and subject to amendment. 2.This survey was prepared without the benefit of a Title Commitment. There may or may not be easements of record encumbering this property. 3.The address, if disclosed in documents provided to or obtained by the surveyor, or observed while conducting the fieldwork is 9000 Plymouth Avenue N, Golden Valley, Minnesota 55427. 4.The bearings for this survey are based on the Hennepin County Coordinate System NAD 83 (1986 Adjust). 5.Benchmark: MnDOT Station STRASSBURG MNDT In Golden Valley, 1.25 miles north along TH 169 from the junction of TH 169 and I-394; 111.7 feet south-southeast of the southeast corner of TH 169 bridge over the railroad; 30.0 feet east of northbound TH 169; 77.4 feet south-southwest of a light pole; 5.7 feet east of the guardrail; 3.3 feet west of a witness post. Elevation = 923.59 feet (NGVD29) Site Benchmark: Top nut of hydrant located southwest of JFB ANNEX Building, as shown hereon. Elevation = 945.81 feet (NGVD29) SURVEY LEGEND SURVEY REPORT 6.We have shown underground utilities on and/or serving the surveyed property per Gopher State One-Call Ticket Nos. 250060017 and 250060020. The following utilities and municipalities were notified: ARVIG (218)346-8174 AT&T TRANSMISSION (866)460-6324 COMCAST (800)778-9140 CITY OF GOLDEN VALLEY (763)286-8898 CENTURYLINK (800)778-9140 CONSOLIDATED COMM. I (800)778-9140 GENERAL MILLS (320)963-2400 MCI (800)624-9675 CENTER POINT ENERGY (800)778-9140 LEVEL 3 NOW LUMEN (877)366-8344 XCEL ENERGY (800)848-7558 ZAYO BANDWIDTH (800)961-6500 ZAYO ENT. NETWORKS (218)346-8174 i.Utility operators do not consistently respond to locate requests through the Gopher State One Call service for surveying purposes such as this. Those utility operators that do respond, often will not locate utilities from their main line to the customer's structure or facility. They consider those utilities “private” installations that are outside their jurisdiction. These “private” utilities on the surveyed property or adjoining properties, may not be located since most operators will not mark such "private" utilities. A private utility locator may be contacted to investigate these utilities further, if requested by the client. ii.Maps provided by those notified above, either along with a field location or in lieu of such a location, are very often inaccurate or inconclusive. EXTREME CAUTION MUST BE EXERCISED BEFORE AN EXCAVATION TAKES PLACE ON OR NEAR THIS SITE. BEFORE DIGGING, YOU ARE REQUIRED BY LAW TO NOTIFY GOPHER STATE ONE CALL AT LEAST 48 HOURS IN ADVANCE AT 811 or (651) 454-0002. 7.The field work was completed on January 30, 2024. 8.Snow and ice conditions during winter months may obscure otherwise visible evidence of on site improvements and/or utilities. SPOT ELEVATION SIGN WATER MANHOLE / WELL CATCH BASIN CONTOUR CONCRETE CURB STORM SEWER SANITARY SEWER UNDERGROUND FIBER OPTIC WATERMAIN UNDERGROUND ELECTRIC CONCRETE ELECTRIC TRANSFORMER TELEPHONE PEDESTAL UTILITY PEDESTAL ELECTRIC MANHOLE UTILITY MANHOLE GAS METER HAND HOLE UNDERGROUND GAS YARD LIGHT GUY WIRE CULVERT FLAG POLE GUARD POST OVERHEAD UTILITY POST INDICATOR VALVE ELEV @ THRESHOLD GUARDRAIL / HANDRAIL ROOF DRAIN ELECTRIC OUTLET TREE LINE CLEANOUT DISABLED PARKING STALL FLARED END SECTION TOP OF CURB VAULT AIR CONDITIONING UNIT TOP NUT HYDRANT AREA DRAIN CHAIN LINK FENCE IRON FENCE WOOD FENCE EXISTING BUILDING RETAINING WALL STORM MANHOLE SANITARY MANHOLE HYDRANT GATE VALVE NO PARKING FIRE CONNECTION MAPPED UNDERGROUND ELECTRIC MAPPED UNDERGROUND TELEPHONE MAPPED UNDERGROUND GAS VENT EXISTING BUILDING DECK & STAIRS LIGHT POLE POWER POLE RIP-RAP LOADING DOCK ACCESS POST MAPPED SANITARY SEWER MAPPED WATERMAIN MAPPED ABANDONED WATERMAIN MAPPED STORM SEWER MAPPED UNDERGROUND CABLE TV MAPPED UNDERGROUND FIBER OPTIC A 2 3 4 5 6 B C D E General Mills - James Ford Bell Research Center GMI - JFB WING 18 1 POW 3450 PROJECT CLIENT ARCHITECT Alliiance 400 Clifton Avenue Minneapolis, MN 55403 612.874.4100 STRUCTURAL ENGINEER MEYER BORGMAN JOHNSON 801 Nicollet Mall, Suite W2000 Minneapolis, Minnesota 55402 612.338.0713 MECHANICAL, ELECTRICAL, PLUMBING ENGINEERS MICHAUD COOLEY ERICKSON 333 South 7th Street, Suite 1200 Minneapolis, Minnesota 55402 612.339.4941 CIVIL ENGINEER & LANDSCAPE ARCHITECT LOUCKS INC. 12755 Hwy 55, Suite R100 Plymouth, Minnesota 55441 763.424.5505 ISSUED FOR DATE Copyright 2025 Alliiance PRELIMINARY NOT FOR CONSTRUCTION SENSITIVE SECURITY INFORMATION WARNING: THIS RECORD CONTAINS SENSITIVE SECURITY INFORMATION THAT IS CONTROLLED UNDER 49 C.F.R. PARTS 15 AND 1520. NO PART OF THIS RECORD MAY BE DISCLOSED TO PERSONS WITHOUT A "NEED TO KNOW," AS DEFINED IN 49 C.F.R. PARTS 15 AND 1520, EXCEPT WITH THE WRITTEN PERMISSION OF THE ADMINISTRATOR OF THE TRANSPORTATION SECURITY ADMINISTRATION OR THE SECRETARY OF TRANSPORTATION. UNAUTHORIZED RELEASE MAY RESULT IN CIVIL PENALTIES OR OTHER ACTION. FOR U.S. GOVERNMENT AGENCIES, PUBLIC DISCLOSURE GOVERNED BY 5 U.S.C. 552 AND 49 C.F.R. PARTS 15 AND 1520 COMMISSION NO PUD SUBMISSION 06/02/2025 GENERAL CONTRACTOR MCGOUGH 2737 Fairview Avenue North St. Paul, MN 55113 651.633.5050 ROOFING AND WATERPROOFING CONSULTANT ROOF SPEC INC. 2400 Prior Avenue North, Suite 102 St. Paul, MN 55113 651.271.5471 c1.01EXISTING CONDITIONS PLAN354 .............. REMOVE BITUMINOUS PAVEMENT-TYP. REMOVE BITUMINOUS PAVEMENT-TYP. REMOVE CONCRETE PAVEMENT-TYP. REMOVE CONCRETE PAVEMENT-TYP. REMOVE CURB & GUTTER-TYP. REMOVE LIGHT POLE & ASSOCIATED INFRASTRUCTURE-TYP. (COORDINATE W/ ELECTRICAL & UTILITY COMPANY) REMOVE HYDRANT & VALVE-TYP. REMOVE STORM SEWER STRUCTURE-TYP. REMOVE STORM SEWER STRUCTURE-TYP. REMOVE STORM SEWER STRUCTURE-TYP. REMOVE STORM SEWER-TYP. REMOVE SANITARY SEWER STRUCTURE-TYP. REMOVE SANITARY SEWER-TYP. REMOVE LIGHT POLE & ASSOCIATED INFRASTRUCTURE-TYP. (COORDINATE W/ ELECTRICAL & UTILITY COMPANY) REMOVE LIGHT POLE & ASSOCIATED INFRASTRUCTURE-TYP. (COORDINATE W/ ELECTRICAL & UTILITY COMPANY) REMOVE STORM SEWER-TYP. SEE MECHANICAL PLANS FOR RE-ROUTE OF ROOF LEADER REMOVE WATERMAIN-TYP. REMOVE BITUMINOUS PAVEMENT-TYP. REMOVE CURB & GUTTER-TYP. REMOVE CURB & GUTTER-TYP. REPLACE STORM SEWER STRUCTURE REINSTALL LIGHT POLE-TYP. REMOVE CONCRETE STOOP-TYP.REMOVE METER-TYP. REMOVE ADA SIGNS REMOVE STORM ABANDON STORM SEWER SALVAGE BENCHES FOR OWNER EXCHANGE STORM CASTING SEE c4.02 REMOVE BIKE RACKS PROTECT STOOP TO REMAIN PROTECT STOOP TO REMAIN PROTECT FENCE REMOVE CURB & GUTTER-TYP. ABANDON SANITARY SEWER AND STRUCTURE IN PLACE-TYP. REMOVE UTILITIES FOR TUNNEL INSTALL REMOVE BITUMINOUS PAVEMENT-TYP. REMOVE BITUMINOUS PAVEMENT-TYP. CONTRACTOR TO SELECTIVELY DEMO TO LIMIT IMPACTS TO STAIRS AND STOOP(S) RE-STRIPE PARKING STALL POT-HOLING BY MEANS OF VACUUM TRUCK. SAW CUT BITUMINOUS-TYP SAW CUT BITUMINOUS-TYP SAW CUT BITUMINOUS-TYP REMOVE CURB & GUTTER FOR LANE WIDENING A 2 3 4 5 6 B C D E General Mills - James Ford Bell Research Center GMI - JFB WING 18 1 POW 3450 PROJECT CLIENT ARCHITECT Alliiance 400 Clifton Avenue Minneapolis, MN 55403 612.874.4100 STRUCTURAL ENGINEER MEYER BORGMAN JOHNSON 801 Nicollet Mall, Suite W2000 Minneapolis, Minnesota 55402 612.338.0713 MECHANICAL, ELECTRICAL, PLUMBING ENGINEERS MICHAUD COOLEY ERICKSON 333 South 7th Street, Suite 1200 Minneapolis, Minnesota 55402 612.339.4941 CIVIL ENGINEER & LANDSCAPE ARCHITECT LOUCKS INC. 12755 Hwy 55, Suite R100 Plymouth, Minnesota 55441 763.424.5505 ISSUED FOR DATE Copyright 2025 Alliiance PRELIMINARY NOT FOR CONSTRUCTION SENSITIVE SECURITY INFORMATION WARNING: THIS RECORD CONTAINS SENSITIVE SECURITY INFORMATION THAT IS CONTROLLED UNDER 49 C.F.R. PARTS 15 AND 1520. NO PART OF THIS RECORD MAY BE DISCLOSED TO PERSONS WITHOUT A "NEED TO KNOW," AS DEFINED IN 49 C.F.R. PARTS 15 AND 1520, EXCEPT WITH THE WRITTEN PERMISSION OF THE ADMINISTRATOR OF THE TRANSPORTATION SECURITY ADMINISTRATION OR THE SECRETARY OF TRANSPORTATION. UNAUTHORIZED RELEASE MAY RESULT IN CIVIL PENALTIES OR OTHER ACTION. FOR U.S. GOVERNMENT AGENCIES, PUBLIC DISCLOSURE GOVERNED BY 5 U.S.C. 552 AND 49 C.F.R. PARTS 15 AND 1520 COMMISSION NO PUD SUBMISSION 06/02/2025 GENERAL CONTRACTOR MCGOUGH 2737 Fairview Avenue North St. Paul, MN 55113 651.633.5050 ROOFING AND WATERPROOFING CONSULTANT ROOF SPEC INC. 2400 Prior Avenue North, Suite 102 St. Paul, MN 55113 651.271.5471 N SCALE IN FEET 0 30 60 1.CONTRACTOR SHALL REMOVE AND/OR RELOCATE EXISTING PRIVATE UTILITIES AS NECESSARY. CONTRACTOR TO COORDINATE ACTIVITIES WITH UTILITY COMPANIES & OWNER. 2.CLEAR AND GRUB AND REMOVE ALL TREES NOTED FOR REMOVAL, VEGETATION AND SITE DEBRIS WITHIN CONSTRUCTION LIMITS PRIOR TO GRADING. STRIP TOP SOIL AND STOCKPILE ON-SITE. ALL REMOVED MATERIAL SHALL BE HAULED FROM THE SITE DAILY. ALL CLEARING AND GRUBBING AND REMOVALS SHALL BE PERFORMED PER THE CONTRACT SPECIFICATIONS. EROSION CONTROL MEASURES SHALL BE IMMEDIATELY ESTABLISHED UPON REMOVAL. SEE THE STORMWATER POLLUTION PREVENTION PLAN (SWPPP) / GRADING & EROSION CONTROL PLAN. 3.CONTRACTOR SHALL PROTECT SURFACE AND SUBSURFACE FEATURES NOT NOTED FOR REMOVAL. CONTRACTOR TO NOTIFY ENGINEER WITH ANY CONFLICTS OR PLAN DISCREPANCIES. 4.CONTRACTOR TO SCHEDULE PRE-CONSTRUCTION MEETING(S) WITH UTILITY OWNER(S) TO DISCUSS DISCONNECTIONS AND/OR RELOCATIONS. 5.REFER TO TREE INVENTORY, TREE PRESERVATION, AND TREE REPLACEMENT PLAN FOR REMOVAL AND REPLACEMENT OF ON SITE TREES. 6.CONTRACTOR TO VERIFY LOCATION OF SEPTIC FIELD(S) & WELL(S) ON SITE. COORDINATE REMOVALS AND/OR ABANDONMENT WITH THE APPLICABLE GOVERNING AGENCIES. CONTRACTOR SHALL BE RESPONSIBLE FOR OBTAINING APPLICABLE PERMITS. WELLS ON THE PROPERTY SHALL BE SEALED BY A MINNESOTA DEPARTMENT OF HEALTH (MDH) LICENSED CONTRACTOR. 7.BITUMINOUS PAVEMENT REMOVALS ARE TO BE MADE TO A VERTICAL SAW CUT OR TO A NEAT MILLED EDGE. 8.CONCRETE PAVEMENT, SIDEWALK, CURB & GUTTER AND OTHER POURED CONCRETE ITEMS ARE TO BE REMOVED TO AN EXISTING EXPANSION OR CONTRACTION JOINT. SAW CUT AS NECESSARY FOR A NEAT EDGE OF REMOVAL. 9.THE CONTRACTOR SHALL BE RESPONSIBLE FOR THE REMOVAL AND REPLACEMENT OF ALL SIGNS, MAILBOXES, ETC. 10.ANY DAMAGE TO ITEMS NOT NOTED TO BE REMOVED SHALL BE THE RESPONSIBILITY OF THE CONTRACTOR AND SHALL BE REPAIRED OR REPLACED TO ORIGINAL CONDITION WITH NO ADDITIONAL COMPENSATION. 11.ALL REMOVAL ITEMS SHALL BECOME THE PROPERTY OF THE CONTRACTOR UNLESS SPECIFIED OTHERWISE AND SHALL BE DISPOSED OF OFF-SITE IN A MANNER MEETING ALL APPLICABLE REGULATIONS. 12.CONTRACTOR SHALL COORDINATE ALL WORK WITHIN THE PUBLIC RIGHT OF WAY WITH THE APPLICABLE GOVERNING AGENCIES. ALL WORK SHALL BE PERFORMED PER THE REQUIREMENTS OF THE APPLICABLE GOVERNING AGENCIES. 13.CONTRACTOR TO COORDINATE ALL WORK WITHIN THE ADJACENT PROPERTIES WITH THE OWNER AND ADJACENT PROPERTY OWNER. 14.CONTRACTOR TO COORDINATE DEMOLITION PHASING WITH ALL DISCIPLINES INCLUDING BUT NOT LIMITED TO ARCHITECTURAL, STRUCTURAL, ELECTRICAL, MECHANICAL, & OWNER. 15.REFER TO THE GEOTECHNICAL REPORT PREPARED BY AMERICAN ENGINEERING TESTING, DATED APRIL 3, 2025 FOR INFORMATION INCLUDING BUT NOT LIMITED TO GROUNDWATER CONDITIONS AND RECOMMENDATIONS FOR EXCAVATION DEWATERING. 16.THE CONTRACTOR SHALL COORDINATE WITH THE OWNER FOR ANY REPAIRS TO THE IRRIGATION SYSTEM THAT IS AFFECTED DURING CONSTRUCTION. SITE DEMOLITION NOTES TOLL FREE: 1-800-252-1166 TWIN CITY AREA: 651-454-0002 Gopher State One Call CALL BEFORE YOU DIG! WARNING: THE CONTRACTOR SHALL BE RESPONSIBLE FOR CALLING FOR LOCATIONS OF ALL EXISTING UTILITIES. THEY SHALL COOPERATE WITH ALL UTILITY COMPANIES IN MAINTAINING THEIR SERVICE AND / OR RELOCATION OF LINES. THE CONTRACTOR SHALL CONTACT GOPHER STATE ONE CALL AT 651-454-0002 AT LEAST 48 HOURS IN ADVANCE FOR THE LOCATIONS OF ALL UNDERGROUND WIRES, CABLES, CONDUITS, PIPES, MANHOLES, VALVES OR OTHER BURIED STRUCTURES BEFORE DIGGING. THE CONTRACTOR SHALL REPAIR OR REPLACE THE ABOVE WHEN DAMAGED DURING CONSTRUCTION AT NO COST TO THE OWNER. MILL AND OVERLAY EXISTING PARKING LOT REMOVE EXISTING CURB & GUTTER, RETAINING WALLS, FENCE, ETC. REMOVE EXISTING MANHOLES, POWER POLES, LIGHT POLES, BOLLARDS, PARKING METERS, SIGNS, ETC. REMOVE EXISTING CONCRETE PAVING, SIDEWALKS, ETC. REMOVE EXISTING TREES REMOVE EXISTING UTILITIES REMOVE EXISTING BITUMINOUS PAVING REMOVE EXISTING BUILDING REMOVE EXISTING TREES/WOODS REMOVE EXISTING GRAVEL TREE PROTECTION FENCE DEMOLITION LEGEND SITE DEMOLITION PLANC1.02SAW CUT c 355 WING 18 FFE=942.55 ANNEX FFE=946.04 30'x75'SNOW STORAGEB612 CURB & GUTTER-TYP. (SEE DETAIL) B612 CURB & GUTTER-TYP. (SEE DETAIL) MATCH EXISTING CURB & GUTTER MATCH EXISTING CONCRETE SIDEWALK PEDESTRIAN RAMP-TYP. (SEE DETAIL ON c8.02) MATCH EXISTING CONCRETE PAVEMENT CURB AND GUTTER CONCRETE PAVEMENT-TYP. (SEE DETAIL) CONCRETE SIDEWALK-TYP. (SEE DETAIL ON c8.02)9' CURB TRANSITION AND PEDESTRIAN RAMP MATCH EXISTING CURB & GUTTER MATCH EXISTING CURB & GUTTER BOLLARD-TYP. (SEE DETAIL ON c8.02) LIGHT-DUTY BITUMINOUS PAVEMENT-TYP. (SEE DETAIL) R3.0' PEDESTRIAN RAMP-TYP. (SEE DETAIL) MATCH EXISTING CURB & GUTTER STRIPE IN ADA SYMBOL-TYP. (SEE DETAIL) R55.0' R25.0' R75.0' R25.0' R5.0' R25.0' RESTRIPE CROSSWALK 4-CONCRETE STAIRS WITH RAIL (SEE GRADING AND ARCHITECTURE PLAN) SPLASH BLOCK FOR OVERFLOW TYP. 23.425.0 6.0 10.0 8.0 22.6 3.2 4.5 15.6 32.5 20.0 13.5 TIP-OUT DEPRESSED CURB & GUTTER (SEE DETAIL ON c8.02) CONCRETE SIDEWALK WITH SNOWMELT-TYP. (SEE DETAIL) CONCRETE PAD-TYP. (SEE DETAIL) FIRE TURNAROUND HEAVY-DUTY BITUMINOUS -(SEE DETAIL) HEAVY-DUTY BITUMINOUS -(SEE DETAIL) HEAVY-DUTY BITUMINOUS -(SEE DETAIL) HEAVY-DUTY BITUMINOUS -(SEE DETAIL) RE-STRIPE PARKING-(SEE DETAIL) RE-STRIPE PARKING-(SEE DETAIL) R10.0' R5.0' R15.0' 5-CONCRETE STAIRS WITH RAIL (SEE GRADING AND ARCHITECTURE PLAN) R28.0'B612 CURB & GUTTER-TYP. (SEE DETAIL) SURMOUNTABLE CURB FOR SNOW STORAGE/REMOVAL 5' CURB TRANSITION BOX CULVERT TUNNEL SEE c4.03 FOR SECTION VIEWS SEE c2.02 FOR NEW TURNAROUND ENTIRE PLAN SET TO BE UPDATED TO MATCH THAT LAYOUT A 2 3 4 5 6 B C D E General Mills - James Ford Bell Research Center GMI - JFB WING 18 1 POW 3450 PROJECT CLIENT ARCHITECT Alliiance 400 Clifton Avenue Minneapolis, MN 55403 612.874.4100 STRUCTURAL ENGINEER MEYER BORGMAN JOHNSON 801 Nicollet Mall, Suite W2000 Minneapolis, Minnesota 55402 612.338.0713 MECHANICAL, ELECTRICAL, PLUMBING ENGINEERS MICHAUD COOLEY ERICKSON 333 South 7th Street, Suite 1200 Minneapolis, Minnesota 55402 612.339.4941 CIVIL ENGINEER & LANDSCAPE ARCHITECT LOUCKS INC. 12755 Hwy 55, Suite R100 Plymouth, Minnesota 55441 763.424.5505 ISSUED FOR DATE Copyright 2025 Alliiance PRELIMINARY NOT FOR CONSTRUCTION SENSITIVE SECURITY INFORMATION WARNING: THIS RECORD CONTAINS SENSITIVE SECURITY INFORMATION THAT IS CONTROLLED UNDER 49 C.F.R. PARTS 15 AND 1520. NO PART OF THIS RECORD MAY BE DISCLOSED TO PERSONS WITHOUT A "NEED TO KNOW," AS DEFINED IN 49 C.F.R. PARTS 15 AND 1520, EXCEPT WITH THE WRITTEN PERMISSION OF THE ADMINISTRATOR OF THE TRANSPORTATION SECURITY ADMINISTRATION OR THE SECRETARY OF TRANSPORTATION. UNAUTHORIZED RELEASE MAY RESULT IN CIVIL PENALTIES OR OTHER ACTION. FOR U.S. GOVERNMENT AGENCIES, PUBLIC DISCLOSURE GOVERNED BY 5 U.S.C. 552 AND 49 C.F.R. PARTS 15 AND 1520 COMMISSION NO PUD SUBMISSION 06/02/2025 GENERAL CONTRACTOR MCGOUGH 2737 Fairview Avenue North St. Paul, MN 55113 651.633.5050 ROOFING AND WATERPROOFING CONSULTANT ROOF SPEC INC. 2400 Prior Avenue North, Suite 102 St. Paul, MN 55113 651.271.5471 N SCALE IN FEET 0 30 60 1.MINNESOTA STATE STATUTE REQUIRES NOTIFICATION PER "GOPHER STATE ONE CALL" PRIOR TO COMMENCING ANY GRADING, EXCAVATION OR UNDERGROUND WORK. 2.THE CONTRACTOR SHALL FIELD VERIFY LOCATIONS AND ELEVATIONS OF EXISTING UTILITIES AND TOPOGRAPHIC FEATURES PRIOR TO COMMENCEMENT OF CONSTRUCTION ACTIVITY. THE CONTRACTOR SHALL NOTIFY THE ENGINEER OF ANY DISCREPANCIES OR VARIATIONS FROM THE PLANS. 3.THE CONTRACTOR SHALL TAKE ALL PRECAUTIONS NECESSARY TO AVOID PROPERTY DAMAGE TO ADJACENT PROPERTIES DURING THE CONSTRUCTION PHASE OF THIS PROJECT. THE CONTRACTOR WILL BE HELD RESPONSIBLE FOR ANY DAMAGES TO ADJACENT PROPERTIES OCCURRING DURING THE CONSTRUCTION PHASE OF THIS PROJECT. 4.THE CONTRACTOR WILL BE RESPONSIBLE FOR PROVIDING AND MAINTAINING TRAFFIC CONTROL DEVICES TO CONTROL THE MOVEMENT OF TRAFFIC WHERE NECESSARY. ALL TRAFFIC CONTROL SHALL BE PROVIDED BY THE CONTRACTOR AND SHALL BE ESTABLISHED PER THE REQUIREMENTS OF THE MANUAL OF UNIFORM TRAFFIC CONTROL DEVICES (MUTCD) AND THE APPLICABLE GOVERNING AGENCIES. PLACEMENT OF THESE DEVICES SHALL BE APPROVED BY THE ENGINEER PRIOR TO PLACEMENT. ALL PUBLIC STREETS SHALL BE OPEN TO TRAFFIC AT ALL TIMES UNLESS APPROVED BY THE GOVERNING AGENCY. 5.IN ACCORDANCE WITH GENERALLY ACCEPTED CONSTRUCTION PRACTICES, THE CONTRACTOR WILL BE SOLELY AND COMPLETELY RESPONSIBLE FOR CONDITIONS ON THE JOB SITE, INCLUDING SAFETY OF ALL PERSONS AND PROPERTY DURING THE PERFORMANCE OF THE WORK. THIS REQUIREMENT WILL APPLY CONTINUOUSLY AND NOT BE LIMITED TO NORMAL WORKING HOURS. 6.THE DUTY OF THE ENGINEER OR THE DEVELOPER TO CONDUCT CONSTRUCTION REVIEW OF THE CONTRACTORS PERFORMANCE IS NOT INTENDED TO INCLUDE REVIEW OF THE ADEQUACY OF THE CONTRACTORS SAFETY MEASURES IN, OR NEAR THE CONSTRUCTION SITE. 7.BEFORE BEGINNING CONSTRUCTION THE CONTRACTOR SHALL INSTALL EROSION AND SEDIMENTATION CONTROL MEASURES IN ACCORDANCE WITH NPDES PERMIT REQUIREMENTS, BEST MANAGEMENT PRACTICES, STATE AND LOCAL REQUIREMENTS AND THE ASSOCIATED PROJECT PLANS AND DETAILS. 8.ALL CONSTRUCTION PERMITS, APPLICATIONS, BONDS, AND FEES ARE THE RESPONSIBILITY OF THE CONTRACTOR. 9.ALL ENTRANCES, CONNECTIONS TO CITY STREETS, SIDEWALKS, CURBS AND RAMPS IN THE RIGHT-OF-WAY SHALL BE CONSTRUCTED PER THE REQUIREMENTS OF THE STATE AND LOCAL JURISDICTIONS. THE CONTRACTOR SHALL BE RESPONSIBLE FOR ALL PERMITS AND NOTIFICATIONS AS REQUIRED. 10.ADJUST ALL EXISTING STRUCTURES, BOTH PUBLIC AND PRIVATE TO THE PROPOSED GRADES WHERE DISTURBED AND COMPLY WITH ALL REQUIREMENTS OF THE UTILITY OWNERS. STRUCTURES BEING RESET TO PAVED AREAS MUST MEET OWNERS REQUIREMENTS FOR TRAFFIC LOADING. GENERAL NOTES 1.ALL PAVING, CONCRETE CURB, GUTTER AND SIDEWALK SHALL BE FURNISHED AND INSTALLED IN ACCORDANCE WITH THE DETAILS SHOWN PER THE DETAIL SHEET(S) AND APPLICABLE GOVERNING AGENCY REQUIREMENTS. 2.ALL CURB DIMENSIONS SHOWN ARE TO THE FACE OF CURB UNLESS OTHERWISE NOTED. 3.ALL BUILDING DIMENSIONS ARE TO THE OUTSIDE FACE OF WALL UNLESS OTHERWISE NOTED. 4.BITUMINOUS IMPREGNATED FIBER BOARD TO BE PLACED AT FULL DEPTH OF CONCRETE ADJACENT TO EXISTING STRUCTURES AND BEHIND CURB ADJACENT TO DRIVEWAYS AND SIDEWALKS. 5.SEE SITE ELECTRICAL PLAN FOR SITE LIGHTING. 6.REFER TO THE GEOTECHNICAL REPORT PREPARED BY AMERICAN ENGINEERING TESTING, DATED APRIL 3, 2025 FOR AN EXISTING SUBSURFACE SITE CONDITION ANALYSIS AND CONSTRUCTION RECOMMENDATIONS INCLUDING BUT NOT LIMITED TO PAVEMENTS AND EXTERIOR SLABS. SITE NOTES 1.CONTRACTOR SHALL BE RESPONSIBLE FOR ALL SITE SIGNAGE AND STRIPING AS SHOWN ON THIS PLAN. 2.CONTRACTOR SHALL PAINT ANY/ALL DIRECTIONAL TRAFFIC ARROWS, AS SHOWN, IN YELLOW PAINT. 3.ALL SIGNAGE SHALL INCLUDE POST, CONCRETE FOOTING AND STEEL CASING WHERE REQUIRED. 4.ALL SIGNAGE NOT PROTECTED BY CURB, LOCATED IN PARKING LOT OR OTHER PAVED AREAS TO BE PLACED IN STEEL CASING, FILLED WITH CONCRETE AND PAINTED YELLOW. REFER TO DETAIL(S). 5.ANY/ALL STOP SIGNS TO INCLUDE A 24" WIDE PAINTED STOP BAR IN WHITE PAINT, PLACED AT THE STOP SIGN LOCATION, A MINIMUM OF 4' FROM CROSSWALK IF APPLICABLE. ALL STOP BARS SHALL EXTEND FROM DIRECTIONAL TRANSITION BETWEEN LANES TO CURB. 6.ALL SIGNS TO BE PLACED 18" BEHIND BACK OF CURB UNLESS OTHERWISE NOTED. SIGNAGE AND STRIPING NOTES DISTURBED AREA: 2.32 ± AC EXISTING IMPERVIOUS AREA: 0.78 ± AC (34%)* (REDEVELOPED) PROPOSED IMPERVIOUS AREA: 1.46 ± AC (63%)* (0.68 NET NEW) *IMPERVIOUS AREAS BASED ON DISTURBED AREA ONLY SITE DATA PARKING STALL COUNT ACCESSIBLE PARKING STALL 2 LEGEND CATCH BASIN STORM SEWER SANITARY SEWER WATERMAIN STORM MANHOLE SANITARY MANHOLE HYDRANT GATE VALVE SPOT ELEVATION SIGN LIGHT POLE POWER POLE WATER MANHOLE / WELL CONTOUR CONCRETE CURB UNDERGROUND ELECTRIC CONCRETE TELEPHONE PEDESTAL UNDERGROUND TELEPHONE UNDERGROUND GAS OVERHEAD UTILITY CHAIN LINK FENCE BUILDING RETAINING WALL NO PARKING UNDERGROUND FIBER OPTIC SANITARY SEWER SERVICE WATER SERVICE ELECTRIC METER GAS METER TREE LINE EXISTING PROPOSED 972 DRAINTILE FORCEMAIN 373PARKING SETBACK LINE BUILDING SETBACK LINE 2 FENCE FLARED END SECTION POST INDICATOR VALVE BENCHMARK SOIL BORING 3DIRECTION OF FLOW 1.0% 972.5 TOLL FREE: 1-800-252-1166 TWIN CITY AREA: 651-454-0002 Gopher State One Call CALL BEFORE YOU DIG! WARNING: THE CONTRACTOR SHALL BE RESPONSIBLE FOR CALLING FOR LOCATIONS OF ALL EXISTING UTILITIES. THEY SHALL COOPERATE WITH ALL UTILITY COMPANIES IN MAINTAINING THEIR SERVICE AND / OR RELOCATION OF LINES. THE CONTRACTOR SHALL CONTACT GOPHER STATE ONE CALL AT 651-454-0002 AT LEAST 48 HOURS IN ADVANCE FOR THE LOCATIONS OF ALL UNDERGROUND WIRES, CABLES, CONDUITS, PIPES, MANHOLES, VALVES OR OTHER BURIED STRUCTURES BEFORE DIGGING. THE CONTRACTOR SHALL REPAIR OR REPLACE THE ABOVE WHEN DAMAGED DURING CONSTRUCTION AT NO COST TO THE OWNER. B612 CURB & GUTTER (STANDARD) NOTE: SEE CURB & GUTTER DETAILS ON SHEET c8.01. CURB TYPES NOTE: SEE PAVEMENT SECTIONS ON SHEET c8.01 FOR TYPE AND DEPTH INFORMATION. CONCRETE SIDEWALK HEAVY-DUTY BITUMINOUS PAVEMENT CONCRETE PAVEMENT PAVEMENT TYPES c2.01SITE PLANWITH SNOWMELT BASE SCOPE LIGHT-DUTY BITUMINOUS PAVEMENT DEPRESSED CURB & GUTTER (TIP OUT) 356 .............. LIMIT OF DISTURBANCE EXISTING DECIDUOUS TREE TO BE REMOVED (TYP.) EXISTING DECIDUOUS TREE TO BE REMOVED (TYP.) EXISTING DECIDUOUS TREE TO BE REMOVED (TYP.) LIMIT OF DISTURBANCE LIMIT OF DISTURBANCE EXISTING DECIDUOUS TREE TO BE SAVED (TYP.) EXISTING DECIDUOUS TREE TO BE SAVED (TYP.) EXISTING DECIDUOUS TREE TO BE SAVED (TYP.) P P P P PP PP P P P PP P P P P PPPP P P P P P P P POTENTIALLY SAVED TREES IF STORMWATER STRATEGY ACCEPTABLE A 2 3 4 5 6 B C D E General Mills - James Ford Bell Research Center GMI - JFB WING 18 1 POW 3450 PROJECT CLIENT ARCHITECT Alliiance 400 Clifton Avenue Minneapolis, MN 55403 612.874.4100 STRUCTURAL ENGINEER MEYER BORGMAN JOHNSON 801 Nicollet Mall, Suite W2000 Minneapolis, Minnesota 55402 612.338.0713 MECHANICAL, ELECTRICAL, PLUMBING ENGINEERS MICHAUD COOLEY ERICKSON 333 South 7th Street, Suite 1200 Minneapolis, Minnesota 55402 612.339.4941 CIVIL ENGINEER & LANDSCAPE ARCHITECT LOUCKS INC. 12755 Hwy 55, Suite R100 Plymouth, Minnesota 55441 763.424.5505 ISSUED FOR DATE Copyright 2025 Alliiance PRELIMINARY NOT FOR CONSTRUCTION SENSITIVE SECURITY INFORMATION WARNING: THIS RECORD CONTAINS SENSITIVE SECURITY INFORMATION THAT IS CONTROLLED UNDER 49 C.F.R. PARTS 15 AND 1520. NO PART OF THIS RECORD MAY BE DISCLOSED TO PERSONS WITHOUT A "NEED TO KNOW," AS DEFINED IN 49 C.F.R. PARTS 15 AND 1520, EXCEPT WITH THE WRITTEN PERMISSION OF THE ADMINISTRATOR OF THE TRANSPORTATION SECURITY ADMINISTRATION OR THE SECRETARY OF TRANSPORTATION. UNAUTHORIZED RELEASE MAY RESULT IN CIVIL PENALTIES OR OTHER ACTION. FOR U.S. GOVERNMENT AGENCIES, PUBLIC DISCLOSURE GOVERNED BY 5 U.S.C. 552 AND 49 C.F.R. PARTS 15 AND 1520 COMMISSION NO PUD SUBMISSION 06/02/2025 GENERAL CONTRACTOR MCGOUGH 2737 Fairview Avenue North St. Paul, MN 55113 651.633.5050 ROOFING AND WATERPROOFING CONSULTANT ROOF SPEC INC. 2400 Prior Avenue North, Suite 102 St. Paul, MN 55113 651.271.5471 N SCALE IN FEET 0 30 60 TOLL FREE: 1-800-252-1166 TWIN CITY AREA: 651-454-0002 Gopher State One Call CALL BEFORE YOU DIG! WARNING: THE CONTRACTOR SHALL BE RESPONSIBLE FOR CALLING FOR LOCATIONS OF ALL EXISTING UTILITIES. THEY SHALL COOPERATE WITH ALL UTILITY COMPANIES IN MAINTAINING THEIR SERVICE AND / OR RELOCATION OF LINES. THE CONTRACTOR SHALL CONTACT GOPHER STATE ONE CALL AT 651-454-0002 AT LEAST 48 HOURS IN ADVANCE FOR THE LOCATIONS OF ALL UNDERGROUND WIRES, CABLES, CONDUITS, PIPES, MANHOLES, VALVES OR OTHER BURIED STRUCTURES BEFORE DIGGING. THE CONTRACTOR SHALL REPAIR OR REPLACE THE ABOVE WHEN DAMAGED DURING CONSTRUCTION AT NO COST TO THE OWNER.TREE INVENTORY PLANL0.01NOTES: REFER TO SHEET l0.02 FOR TREE INVENTORY LIST AND TREE PRESERVATION DETAILS. LANDSCAPE LEGEND EXISTING TREES TO REMAIN EXISTING TREES TO BE REMOVEDX EXISTING TREES TO BE PROTECTED (SEE TREE PROTECTION DETAIL 1/l0.02)P 357 4 4 4 4 4 4 4 4 4 4 488888 8 8 8 8 8 8 8 8888888 BLF 11 LBL 22 BLF 18 LBL76 SH 13 FLM 38 SH 2 Ec 3 CN SF-102 LT-01 3 TA 44 DAS SCULPTURE TYP. (BY OWNER) LIMITS OF UNDERGROUND SNOW MELT SYSTEM LIMITS OF UNDERGROUND SNOW MELT SYSTEM RELOCATED BIKE REPAIR BLACK VINYL EDGER, TYP.BLACK VINYL EDGER, TYP. BLACK VINYL EDGER, TYP. CODE QTY BOTANICAL NAME COMMON NAME CONT.SIZE NOTES TREES CN 3 CERCIS CANADENSIS 'NORTHERN STRAIN'NORTHERN STRAIN EASTERN REDBUD 2.5" CAL.B&B EVERGREEN TREES BS 12 PICEA GLAUCA `DENSATA`BLACK HILLS SPRUCE 6` HEIGHT B&B FULL FORM SHRUBS Ec 2 EUONYMUS ALATUS 'COMPACTUS'COMPACT BURNING BUSH #5 PERENNIALS DAS 44 ASTILBE X ARENDSII `DEUTSCHLAND`DEUTSCHLAND ASTILBE 1 GAL CONT. CONIFEROUS SHRUBS TA 3 THUJA OCCIDENTALIS `TECHNY`TECHNY ARBORVITAE 10 GAL CONT. GRASSES BLF 30 FESTUCA GLAUCA `ELIJAH BLUE`BLUE FESCUE 1 GAL CONT. FLM 13 MISCANTHUS SINENSIS `PURPURASCENS`FLAME MISCANTHUS 1 GAL CONT. LBL 29 SCHIZACHYRIUM SCOPARIUM `THE BLUES`THE BLUES LITTLE BLUESTEM 1 GAL CONT. SH 114 SPOROBOLUS HETEROLEPIS PRAIRIE DROPSEED 1 GAL CONT. SYMBOL CODE BOTANICAL NAME COMMON NAME CONT.SIZE NOTES GROUND COVERS Dcb DRY CREEK BED NONE SEED TURF SEED SEED SOD TURF SOD SOD Rm-1 3" GRAY TRAP ROCK ROCK MULCH FLAT Sm 2 6" RIVER ROCK STONE MULCH NONE PLANT SCHEDULE CODE DESCRIPTION QTY SPEC.MATERIAL LIGHTING TREE UPLIGHT 3 SEE ELEC.METAL CODE DESCRIPTION QTY MATERIAL MANUFACTURER SITE FURNITURE LANDSCAPE FORMS RIDE-BR METRO40FT.S RIDE SERIES BIKE RACK. CAST ALUMINUM FRAME CONSTRUCTION. 28IN. W X 3.3IN. D X 26IN. H. BIKE RACK: BRONZE METALLIC 17 LT-01 SF-102 REFERENCE NOTES SCHEDULE A 2 3 4 5 6 B C D E General Mills - James Ford Bell Research Center GMI - JFB WING 18 1 POW 3450 PROJECT CLIENT ARCHITECT Alliiance 400 Clifton Avenue Minneapolis, MN 55403 612.874.4100 STRUCTURAL ENGINEER MEYER BORGMAN JOHNSON 801 Nicollet Mall, Suite W2000 Minneapolis, Minnesota 55402 612.338.0713 MECHANICAL, ELECTRICAL, PLUMBING ENGINEERS MICHAUD COOLEY ERICKSON 333 South 7th Street, Suite 1200 Minneapolis, Minnesota 55402 612.339.4941 CIVIL ENGINEER & LANDSCAPE ARCHITECT LOUCKS INC. 12755 Hwy 55, Suite R100 Plymouth, Minnesota 55441 763.424.5505 ISSUED FOR DATE Copyright 2025 Alliiance PRELIMINARY NOT FOR CONSTRUCTION SENSITIVE SECURITY INFORMATION WARNING: THIS RECORD CONTAINS SENSITIVE SECURITY INFORMATION THAT IS CONTROLLED UNDER 49 C.F.R. PARTS 15 AND 1520. NO PART OF THIS RECORD MAY BE DISCLOSED TO PERSONS WITHOUT A "NEED TO KNOW," AS DEFINED IN 49 C.F.R. PARTS 15 AND 1520, EXCEPT WITH THE WRITTEN PERMISSION OF THE ADMINISTRATOR OF THE TRANSPORTATION SECURITY ADMINISTRATION OR THE SECRETARY OF TRANSPORTATION. UNAUTHORIZED RELEASE MAY RESULT IN CIVIL PENALTIES OR OTHER ACTION. FOR U.S. GOVERNMENT AGENCIES, PUBLIC DISCLOSURE GOVERNED BY 5 U.S.C. 552 AND 49 C.F.R. PARTS 15 AND 1520 COMMISSION NO PUD SUBMISSION 06/02/2025 GENERAL CONTRACTOR MCGOUGH 2737 Fairview Avenue North St. Paul, MN 55113 651.633.5050 ROOFING AND WATERPROOFING CONSULTANT ROOF SPEC INC. 2400 Prior Avenue North, Suite 102 St. Paul, MN 55113 651.271.5471 N SCALE IN FEET 0 10 20 TOLL FREE: 1-800-252-1166 TWIN CITY AREA: 651-454-0002 Gopher State One Call CALL BEFORE YOU DIG!l1.01LANDSCAPE PLAN358 4 4 4 4 4 8888888888888888888844444448 8 8 8 8 8 888888884444444444444412 BS A 2 3 4 5 6 B C D E General Mills - James Ford Bell Research Center GMI - JFB WING 18 1 POW 3450 PROJECT CLIENT ARCHITECT Alliiance 400 Clifton Avenue Minneapolis, MN 55403 612.874.4100 STRUCTURAL ENGINEER MEYER BORGMAN JOHNSON 801 Nicollet Mall, Suite W2000 Minneapolis, Minnesota 55402 612.338.0713 MECHANICAL, ELECTRICAL, PLUMBING ENGINEERS MICHAUD COOLEY ERICKSON 333 South 7th Street, Suite 1200 Minneapolis, Minnesota 55402 612.339.4941 CIVIL ENGINEER & LANDSCAPE ARCHITECT LOUCKS INC. 12755 Hwy 55, Suite R100 Plymouth, Minnesota 55441 763.424.5505 ISSUED FOR DATE Copyright 2025 Alliiance PRELIMINARY NOT FOR CONSTRUCTION SENSITIVE SECURITY INFORMATION WARNING: THIS RECORD CONTAINS SENSITIVE SECURITY INFORMATION THAT IS CONTROLLED UNDER 49 C.F.R. PARTS 15 AND 1520. NO PART OF THIS RECORD MAY BE DISCLOSED TO PERSONS WITHOUT A "NEED TO KNOW," AS DEFINED IN 49 C.F.R. PARTS 15 AND 1520, EXCEPT WITH THE WRITTEN PERMISSION OF THE ADMINISTRATOR OF THE TRANSPORTATION SECURITY ADMINISTRATION OR THE SECRETARY OF TRANSPORTATION. UNAUTHORIZED RELEASE MAY RESULT IN CIVIL PENALTIES OR OTHER ACTION. FOR U.S. GOVERNMENT AGENCIES, PUBLIC DISCLOSURE GOVERNED BY 5 U.S.C. 552 AND 49 C.F.R. PARTS 15 AND 1520 COMMISSION NO PUD SUBMISSION 06/02/2025 GENERAL CONTRACTOR MCGOUGH 2737 Fairview Avenue North St. Paul, MN 55113 651.633.5050 ROOFING AND WATERPROOFING CONSULTANT ROOF SPEC INC. 2400 Prior Avenue North, Suite 102 St. Paul, MN 55113 651.271.5471 N SCALE IN FEET 0 10 20 TOLL FREE: 1-800-252-1166 TWIN CITY AREA: 651-454-0002 Gopher State One Call CALL BEFORE YOU DIG! WARNING: THE CONTRACTOR SHALL BE RESPONSIBLE FOR CALLING FOR LOCATIONS OF ALL EXISTING UTILITIES. THEY SHALL COOPERATE WITH ALL UTILITY COMPANIES IN MAINTAINING THEIR SERVICE AND / OR RELOCATION OF LINES. THE CONTRACTOR SHALL CONTACT GOPHER STATE ONE CALL AT 651-454-0002 AT LEAST 48 HOURS IN ADVANCE FOR THE LOCATIONS OF ALL UNDERGROUND WIRES, CABLES, CONDUITS, PIPES, MANHOLES, VALVES OR OTHER BURIED STRUCTURES BEFORE DIGGING. THE CONTRACTOR SHALL REPAIR OR REPLACE THE ABOVE WHEN DAMAGED DURING CONSTRUCTION AT NO COST TO THE OWNER.l1.02LANDSCAPE PLANCONTRACTOR SHALL VISIT SITE PRIOR TO SUBMITTING BID. HE SHALL INSPECT SITE AND BECOME FAMILIAR WITH EXISTING CONDITIONS RELATING TO THE NATURE AND SCOPE OF WORK. VERIFY LAYOUT AND ANY DIMENSIONS SHOWN AND BRING TO THE ATTENTION OF THE LANDSCAPE ARCHITECT ANY DISCREPANCIES WHICH MAY COMPROMISE THE DESIGN AND / OR INTENT OF THE PROJECT'S LAYOUT. ASSURE COMPLIANCE WITH ALL APPLICABLE CODES AND REGULATIONS GOVERNING THE WORK OR MATERIALS SUPPLIED. CONTRACTOR SHALL PROTECT ALL EXISTING ROADS, CURBS / GUTTERS, TRAILS, TREES, LAWNS AND SITE ELEMENTS DURING PLANTING OPERATIONS. ANY DAMAGE TO SAME SHALL BE REPAIRED AT NO COST TO THE OWNER. CONTRACTOR SHALL VERIFY ALIGNMENT AND LOCATION OF ALL UNDERGROUND AND ABOVE GRADE UTILITIES. CONTRACTOR TO PROVIDE THE NECESSARY PROTECTION FOR THE UTILITIES BEFORE CONSTRUCTION / MATERIAL INSTALLATION BEGINS. CONTRACTOR TO NOTIFY GENERAL CONTRACTOR OF ANY CONCERNS PRIOR TO INSTALLATION OF PLANTINGS. EXISTING CONTOURS, TRAILS, VEGETATION, CURB / GUTTER AND OTHER EXISTING ELEMENTS BASED UPON INFORMATION SUPPLIED TO LANDSCAPE ARCHITECT BY OTHERS. CONTRACTOR SHALL VERIFY ANY AND ALL DISCREPANCIES PRIOR TO CONSTRUCTION AND NOTIFY LANDSCAPE ARCHITECT OF SAME. THE ALIGNMENT AND GRADES OF THE PROPOSED WALKS, TRAILS AND / OR ROADWAYS ARE SUBJECT TO FIELD ADJUSTMENT REQUIRED TO CONFORM TO LOCALIZED TOPOGRAPHIC CONDITIONS AND TO MINIMIZE TREE REMOVAL AND GRADING. ANY CHANGE IN ALIGNMENT MUST BE APPROVED BY LANDSCAPE ARCHITECT. GENERAL NOTES IRRIGATION IS NOT PLANNED FOR THIS SITE. FOR THE HEALTH AND SURVIVAL OF ALL PROPOSED PLANTINGS, REGULAR WATERING OF THE PLANTINGS IS RECOMMENDED. FOR ESTABLISHMENT OF PLANTINGS, THE CONTRACTOR IS TO REGULARLY WATER NEWLY INSTALLED PLANTINGS UNTIL SUBSTANTIAL COMPLETION. CONTRACTOR TO PROVIDE OWNER WITH WATERING RECOMMENDATIONS OR WATERING CONTRACT FOR THE ONE (1) YEAR WARRANTY PERIOD. IRRIGATION NOTES 359 LEVEL 1 EL 942' -6" LEVEL 2 EL 956' -6" TUNNEL ENTRY LEVEL EL 920' -8" 3C a4.01 3C a4.01 3E a4.01 3E a4.01 1E a4.01 1E a4.01 FAN LOFT ROOF LEVEL -WING 18 EL 988' -6" LEVEL 3 EL 970' -6" FAN LOFT LEVEL - WING 18 EL 970' -6" O EJ WA-1 WA-1 WA-3 WA-1 WA-3 PREFIN MTL COPING EJ EJ PREFIN MTL COPING PREFIN MTL COPING PREFIN MTL COPING A-18B-18C-18D-18E-18F-18G-18H-18I-18J-18K-18L-18M-18 29'-10 1/2"48'-2"LEVEL 1 EL 942' -6" LEVEL 2 EL 956' -6" TUNNEL ENTRY LEVEL EL 920' -8" 3C a4.01 3C a4.01 3E a4.01 3E a4.01 1E a4.01 1E a4.01 FAN LOFT ROOF LEVEL -WING 18 EL 988' -6" LEVEL 3 EL 970' -6" FAN LOFT LEVEL - WING 18 EL 970' -6" O PREFIN MTL COPING PREFIN MTL COPING SCREEN WA-1 WA-1 NOT IN SCOPE WA-1 EJ EJ EJ EJ EJ EJ EJ EJ EJ EJEJ EJ PREFIN MTL COPING A-18 B-18 C-18 D-18 E-18 F-18 G-18 H-18 I-18 J-18 K-18 L-18 M-18 40'-0"LEVEL 1 EL 942' -6" LEVEL 2 EL 956' -6" 1C a4.02 1C a4.02 1E a4.02 1E a4.02 N3N4 FAN LOFT ROOF LEVEL -WING 18 EL 988' -6" FAN LOFT LEVEL - WING 18 EL 970' -6" WA-1 WA-3 WA-3 WA-1 PREFIN MTL COPING PREFIN MTL COPING 16'-5 3/4"3-18 2-18 1-18 40'-0"48'-2"20'-5 5/8"LEVEL 1 EL 942' -6" LEVEL 2 EL 956' -6" TUNNEL ENTRY LEVEL EL 920' -8" 1C a4.02 1C a4.02 1E a4.02 1E a4.02 N3 N4 FAN LOFT ROOF LEVEL -WING 18 EL 988' -6" FAN LOFT LEVEL - WING 18 EL 970' -6" N2 MECH EXHAUST FAN MECH RTU NOT IN SCOPE PREFIN MTL COPING SCREEN WA-3 PREFIN MTL COPING PREFIN MTL COPING NEW EXT OH DOOR 4'-0"3-182-181-18 EJEJ EJ WA-1 WA-1WA-1 WA-1 WA-3 WA-3 14'-4 1/2"40'-0"29'-10 1/2"A 2 3 4 5 6 B C D E 1 PROJECT CLIENT ARCHITECT Alliiance 400 Clifton Avenue Minneapolis, MN 55403 612.874.4100 STRUCTURAL ENGINEER MEYER BORGMAN JOHNSON 801 Nicollet Mall, Suite W2000 Minneapolis, Minnesota 55402 612.338.0713 MECHANICAL, ELECTRICAL, PLUMBING ENGINEERS MICHAUD COOLEY ERICKSON 333 South 7th Street, Suite 1200 Minneapolis, Minnesota 55402 612.339.4941 CIVIL ENGINEER LOUCKS INC. 12755 Hwy 55 Suite R100, Plymouth, Minnesota 55441 763.424.5505 GENERAL CONTRACTOR MCGOUGH 2737 FAIRVIEW AVENUE NORTH ST. PAUL, MN 55113 651.633.5050 ROOFING AND WATERPROOFING CONSULTANT ROOF SPEC INC. 2400 PRIOR AVENUE NORTH ST. PAUL, MN 551131 651.271.5471 ISSUED FOR DATE Copyright Alliiance PRELIMINARY NOT FOR CONSTRUCTION COMMISSION NO 6/2/2025 12:23:32 PMGeneral Mills - James Ford Bell Research Center GMI - JFB TRANSFORMAITON POW 3450 2025 POW 3450 EXTERIOR ELEVATIONSa3.013/32" = 1'-0"1E EXTERIOR ELEVATION W18 - SOUTH 3/32" = 1'-0"1D EXTERIOR ELEVATION W18 - NORTH 3/32" = 1'-0"3B EXTERIOR ELEVATION W18 - WEST 3/32" = 1'-0"1B EXTERIOR ELEVATION W18 - EAST KEYNOTE LEGEND PUD Submission 06/02/2025 2023022-05 PROJECT GMI - JFB WING 18 EXISTING MATERIAL CONDTIONS ON SITE BRICK CLADDING CORRUGATED METAL FINISHED METAL PANEL ALT- FINISHED METAL PANEL BRANDING OPPORTUNITY ALT- FINISHED METAL PANEL ALT- FINISHED METAL PANEL 360 4 4 4 WING 18 FFE=942.55 ANNEX FFE=946.04 4 888888888888888884444430'x75'SNOW STORAGE8 8 8 8 888444488940938939941942945943944946947940945945939941942943943943 944 944944945950 94 2 943 944 946947948949950 946 947948949 951952953 3.8%2. 7 %2.5%3.9%2.0%3.3 % 4.1% 4.4% 4.0% 4. 6%5.0%3.3% 1.8%1.9%3.2% 0.8%7.2% 2.2% 2.0%3:13:1 3: 13:1942.34 942.34 942.42 942.78943.62 943.56 944.26 945.87 945.74 945.57 946.00 945.52 945.19 944.96 945.22 941.55 941.82 940.49 937.54 938.39 938.61 942.42 942.14 939.85 938.46 940.99 941.70 942.19 942.19 941.60 939.73 939.01 938.55 938.55 938.78 938.94 938.82 938.59 938.78 938.52 937.87 938.08 938.45 938.90 938.70 941.47 941.67 943.44 943.54 943.82 943.49 942.50 942.59 942.42 942.13 941.25 941.62 943.04 943.09 943.23 945.76 945.84 946.22 946.42 946.51 944.79944.60 943.64 944.14 943.79 943.81 943.95 941.72 4.0% 2 . 5% 2 . 6% 942.84 942.79 943.40 943.46 943.74 943.93 945.87 945.76 945.53 945.15 945.19 937.74 2.2% 1. 6 % 3.8% 942.90 943.18 943.90 943.42 942.80 943.34 938.600.5%A 2 3 4 5 6 B C D E General Mills - James Ford Bell Research Center GMI - JFB WING 18 1 POW 3450 PROJECT CLIENT ARCHITECT Alliiance 400 Clifton Avenue Minneapolis, MN 55403 612.874.4100 STRUCTURAL ENGINEER MEYER BORGMAN JOHNSON 801 Nicollet Mall, Suite W2000 Minneapolis, Minnesota 55402 612.338.0713 MECHANICAL, ELECTRICAL, PLUMBING ENGINEERS MICHAUD COOLEY ERICKSON 333 South 7th Street, Suite 1200 Minneapolis, Minnesota 55402 612.339.4941 CIVIL ENGINEER & LANDSCAPE ARCHITECT LOUCKS INC. 12755 Hwy 55, Suite R100 Plymouth, Minnesota 55441 763.424.5505 ISSUED FOR DATE Copyright 2025 Alliiance PRELIMINARY NOT FOR CONSTRUCTION SENSITIVE SECURITY INFORMATION WARNING: THIS RECORD CONTAINS SENSITIVE SECURITY INFORMATION THAT IS CONTROLLED UNDER 49 C.F.R. PARTS 15 AND 1520. NO PART OF THIS RECORD MAY BE DISCLOSED TO PERSONS WITHOUT A "NEED TO KNOW," AS DEFINED IN 49 C.F.R. PARTS 15 AND 1520, EXCEPT WITH THE WRITTEN PERMISSION OF THE ADMINISTRATOR OF THE TRANSPORTATION SECURITY ADMINISTRATION OR THE SECRETARY OF TRANSPORTATION. UNAUTHORIZED RELEASE MAY RESULT IN CIVIL PENALTIES OR OTHER ACTION. FOR U.S. GOVERNMENT AGENCIES, PUBLIC DISCLOSURE GOVERNED BY 5 U.S.C. 552 AND 49 C.F.R. PARTS 15 AND 1520 COMMISSION NO PUD SUBMISSION 06/02/2025 GENERAL CONTRACTOR MCGOUGH 2737 Fairview Avenue North St. Paul, MN 55113 651.633.5050 ROOFING AND WATERPROOFING CONSULTANT ROOF SPEC INC. 2400 Prior Avenue North, Suite 102 St. Paul, MN 55113 651.271.5471 N SCALE IN FEET 0 30 60 1.SPOT ELEVATIONS REPRESENT FINISHED SURFACE GRADES, GUTTER/FLOW LINE, FACE OF BUILDING, OR EDGE OF PAVEMENT UNLESS OTHERWISE NOTED. 2.ALL ACCESSIBLE ROUTES SHALL BE CONSTRUCTED WITH A CROSS SLOPE NOT EXCEEDING 2% AND A RUNNING SLOPE NOT EXCEEDING 5%. 3.AT TURNING POINTS ALONG THE ACCESSIBLE ROUTE THE PAVEMENT SHALL NOT EXCEED 2% IN ANY DIRECTION FOR AN AREA 60" IN DIAMETER. 4.ALL PUBLIC SIDEWALKS SHALL BE CONSTRUCTED WITH A CROSS SLOPE NOT EXCEEDING 2% AND A RUNNING SLOPE NOT EXCEEDING 5%. 5.CATCH BASINS AND MANHOLES IN PAVED AREAS SHALL BE SUMPED 0.04 FEET. ALL CATCH BASINS IN GUTTERS SHALL BE SUMPED 0.16 FEET. RIM ELEVATIONS SHOWN ON PLANS DO NOT REFLECT SUMPED ELEVATIONS. 6.REFER TO GEOTECHNICAL EVALUATION REPORT DATED APRIL 3, 2025, AS PREPARED BY AMERICAN ENGINEERING TESTING, FOR AN EXISTING SUBSURFACE SITE CONDITION ANALYSIS AND CONSTRUCTION RECOMMENDATIONS INCLUDING BUT NOT LIMITED TO: A.REUSE OF ON-SITE SOILS B.GROUNDWATER AND RECOMMENDATIONS FOR EXCAVATION DEWATERING. C.SITE GRADING AND SUBGRADE PREPARATION. D.PAVEMENTS AND EXTERIOR SLABS. E.TRENCH EXCAVATION AND BACKFILL. F.EXTERIOR UTILITY SUPPORTS. G.FROST PROTECTION. 7.EXISTING SOILS ARE ASSUMED TO BE COARSE-GRAINED SOILS SC & CL PER THE UNIFIED SOIL CLASSIFICATION. CONTRACTOR TO NOTIFY ENGINEER IF EXISTING CONDITIONS DIFFER FROM ASSUMED SOIL CONDITIONS. 8.GRADING, INCLUDING BUT NOT LIMITED TO EXCAVATION AND BACKFILL, OF THE INFILTRATION AREA(S) SHALL BE ACCOMPLISHED USING LOW-IMPACT EARTH-MOVING EQUIPMENT TO PREVENT COMPACTION OF THE UNDERLYING SOILS. SMALL TRACKED DOZERS AND BOBCATS WITH RUNNER TRACKS ARE RECOMMENDED. NO WHEELED MACHINES SHALL BE USED. 9.SOIL BENEATH THE INFILTRATION AREA(S) SHALL BE RIPPED WITH A TOOTHED BUCKET TO REMOVE SOIL INTERFACE PRIOR TO BACKFILL. 10.A FLOOD TEST OR DOUBLE RING INFILTROMETER TEST SHALL BE COMPLETED FOR THE INFILTRATION SYSTEM TO VERIFY INFILTRATION RATES ARE WITHIN THE ACCEPTABLE RANGE OF 0.2 IN/HR. 11.CITY AND WATERSHED SHALL BE NOTIFIED AT LEAST 24 HOURS PRIOR TO CONSTRUCTION OF STORMWATER BMPS. 12.ALL DISTURBED UNPAVED AREAS ARE TO RECEIVE MINIMUM OF 4 INCHES OF TOP SOIL AND SEED/MULCH OR SOD. THESE AREAS SHALL BE WATERED/MAINTAINED BY THE CONTRACTOR UNTIL VEGETATION IS ESTABLISHED. REFER TO THE LANDSCAPE PLANS, DETAILS AND SPECIFICATIONS FOR FINAL SITE STABILIZATION. 13.FOR SITE RETAINING WALLS "TW" EQUALS SURFACE GRADE AT TOP FACE OF WALL (NOT TOP OF WALL), "GW" EQUALS SURFACE GRADE AT WALL GRADE TRANSITION, AND "BW" EQUALS SURFACE GRADE AT BOTTOM FACE OF WALL (NOT BOTTOM OF BURIED WALL COURSES). 14.FOR SITE STAIRS, "TS" EQUALS SURFACE ELEVATION AT TOP OF STAIRS AND "BS" EQUALS SURFACE ELEVATION AT BOTTOM OF STAIRS. REFER TO SITE PLAN FOR NUMBER OF RISERS AND RISER HEIGHT. 15.STREETS MUST BE CLEANED AND SWEPT WHENEVER TRACKING OF SEDIMENTS OCCURS AND BEFORE SITES ARE LEFT IDLE FOR WEEKENDS AND HOLIDAYS. A REGULAR SWEEPING SCHEDULE MUST BE ESTABLISHED. 16.DUST MUST BE ADEQUATELY CONTROLLED. 17.SEE SWPPP FOR ADDITIONAL EROSION CONTROL NOTES AND REQUIREMENTS. 18.SEE UTILITY PLAN FOR WATERMAIN, STORM SEWER, AND SANITARY SEWER INFORMATION. 19.SEE SITE PLAN FOR CURB AND BITUMINOUS TAPER LOCATIONS. 20.REFERENCE ARCHITECTURAL AND STRUCTURAL DRAWINGS FOR BUILDING ELEVATIONS. 21.THE CONTRACTOR ALONG WITH THE OWNER SHALL OBTAIN ALL NECESSARY PERMITS AND APPROVALS FROM GOVERNING AUTHORITIES, INCLUDING ANY CITY PERMITS AND THE NPDES PERMIT. 22.INSTALL EROSION CONTROL AND TREE PROTECTION MEASURES BEFORE BEGINNING SITE GRADING ACTIVITIES. SOME EROSION CONTROLS SUCH AS BALE CHECKS AND TEMPORARY SILT PONDS MAY BE INSTALLED AS GRADING OCCURS IN SPECIFIC AREAS. MAINTAIN EROSION CONTROLS THROUGHOUT THE GRADING PROCESS AND REMOVE WHEN TURF HAS BEEN ESTABLISHED. 23.PER NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM/STATE DISPOSAL SYSTEM (NPDES/SDS) REQUIREMENTS, THE WASHOUT AND CLEANOUT OF STUCCO, PAINT, CONCRETE, FORM RELEASE OILS, CURING COMPOUNDS, AND OTHER CONSTRUCTION MATERIALS SHALL BE PROPERLY CONTAINED AND DISPOSED OF. THE CONTRACTOR SHALL BE RESPONSIBLE FOR PROVIDING AND USING APPROVED METHODS OF CONTAINMENT SUCH AS PRE-FABRICATED WASHOUT CONTAINERS, CONCRETE WASHOUT TOTE, READY MIX TRUCKS WITH SELF-CONTAINED CHUTE CLEANOUT, ETC. 24.CONTRACTOR SHALL PROVIDE AS-BUILT INFORMATION OF GRADING ACTIVITIES AS NEEDED PER APPLICABLE PERMIT REQUIREMENTS AND/OR DEVELOPMENT AGREEMENTS. GRADING & DRAINAGE NOTES TOLL FREE: 1-800-252-1166 TWIN CITY AREA: 651-454-0002 Gopher State One Call CALL BEFORE YOU DIG! WARNING: THE CONTRACTOR SHALL BE RESPONSIBLE FOR CALLING FOR LOCATIONS OF ALL EXISTING UTILITIES. THEY SHALL COOPERATE WITH ALL UTILITY COMPANIES IN MAINTAINING THEIR SERVICE AND / OR RELOCATION OF LINES. THE CONTRACTOR SHALL CONTACT GOPHER STATE ONE CALL AT 651-454-0002 AT LEAST 48 HOURS IN ADVANCE FOR THE LOCATIONS OF ALL UNDERGROUND WIRES, CABLES, CONDUITS, PIPES, MANHOLES, VALVES OR OTHER BURIED STRUCTURES BEFORE DIGGING. THE CONTRACTOR SHALL REPAIR OR REPLACE THE ABOVE WHEN DAMAGED DURING CONSTRUCTION AT NO COST TO THE OWNER.c3.01GRADING PLAN361 WING 18 FFE=942.55 ANNEX FFE=946.04 8888888888888888830'x75'SNOW STORAGE8 8 8 8 8885" SOFTENED COLD WATER 4" COMPRESSED AIR SEE MECH. SHEET m2.18-01 5" COLD WATER SEE MECH. SHEET m2.18-01 POT-HOLE (VAC.) AT ELEC. CROSSINGS UTILITY CONNECTIONS SEE MECH. SHEET m2.18-00SANITARY CROSSING UNDER STORM FIELD VERIFY88POT HOLE & FIELD LOCATE CHILLED WATER LINES DEFLECT BELOW SANITARY AS NEEDED SILT FENCE TYP-SEE DETAIL INLET PROTECTION TYP-SEE DETAIL INLET PROTECTION TYP-SEE DETAIL INLET PROTECTION TYP-SEE DETAIL ROCK CONSTRUCTION ENTRANCE SEE DETAIL INLET PROTECTION TYP-SEE DETAIL INLET PROTECTION TYP-SEE DETAIL BIOROLL TYP-SEE DETAIL INLET PROTECTION TYP-SEE DETAIL INLET PROTECTION TYP-SEE DETAIL PROVIDE PHASED EROSION CONTROL BMPs FOR TUNNEL EXCAVATION EROSION CONTROL BLANKET TYP-SEE DETAIL A 2 3 4 5 6 B C D E General Mills - James Ford Bell Research Center GMI - JFB WING 18 1 POW 3450 PROJECT CLIENT ARCHITECT Alliiance 400 Clifton Avenue Minneapolis, MN 55403 612.874.4100 STRUCTURAL ENGINEER MEYER BORGMAN JOHNSON 801 Nicollet Mall, Suite W2000 Minneapolis, Minnesota 55402 612.338.0713 MECHANICAL, ELECTRICAL, PLUMBING ENGINEERS MICHAUD COOLEY ERICKSON 333 South 7th Street, Suite 1200 Minneapolis, Minnesota 55402 612.339.4941 CIVIL ENGINEER & LANDSCAPE ARCHITECT LOUCKS INC. 12755 Hwy 55, Suite R100 Plymouth, Minnesota 55441 763.424.5505 ISSUED FOR DATE Copyright 2025 Alliiance PRELIMINARY NOT FOR CONSTRUCTION SENSITIVE SECURITY INFORMATION WARNING: THIS RECORD CONTAINS SENSITIVE SECURITY INFORMATION THAT IS CONTROLLED UNDER 49 C.F.R. PARTS 15 AND 1520. NO PART OF THIS RECORD MAY BE DISCLOSED TO PERSONS WITHOUT A "NEED TO KNOW," AS DEFINED IN 49 C.F.R. PARTS 15 AND 1520, EXCEPT WITH THE WRITTEN PERMISSION OF THE ADMINISTRATOR OF THE TRANSPORTATION SECURITY ADMINISTRATION OR THE SECRETARY OF TRANSPORTATION. UNAUTHORIZED RELEASE MAY RESULT IN CIVIL PENALTIES OR OTHER ACTION. FOR U.S. GOVERNMENT AGENCIES, PUBLIC DISCLOSURE GOVERNED BY 5 U.S.C. 552 AND 49 C.F.R. PARTS 15 AND 1520 COMMISSION NO PUD SUBMISSION 06/02/2025 GENERAL CONTRACTOR MCGOUGH 2737 Fairview Avenue North St. Paul, MN 55113 651.633.5050 ROOFING AND WATERPROOFING CONSULTANT ROOF SPEC INC. 2400 Prior Avenue North, Suite 102 St. Paul, MN 55113 651.271.5471 N SCALE IN FEET 0 30 60 SEE SHEET c3.03 FOR SWPPP NOTES AND c3.04 FOR SWPPP DETAILS. GENERAL NOTES TOLL FREE: 1-800-252-1166 TWIN CITY AREA: 651-454-0002 Gopher State One Call CALL BEFORE YOU DIG! WARNING: THE CONTRACTOR SHALL BE RESPONSIBLE FOR CALLING FOR LOCATIONS OF ALL EXISTING UTILITIES. THEY SHALL COOPERATE WITH ALL UTILITY COMPANIES IN MAINTAINING THEIR SERVICE AND / OR RELOCATION OF LINES. THE CONTRACTOR SHALL CONTACT GOPHER STATE ONE CALL AT 651-454-0002 AT LEAST 48 HOURS IN ADVANCE FOR THE LOCATIONS OF ALL UNDERGROUND WIRES, CABLES, CONDUITS, PIPES, MANHOLES, VALVES OR OTHER BURIED STRUCTURES BEFORE DIGGING. THE CONTRACTOR SHALL REPAIR OR REPLACE THE ABOVE WHEN DAMAGED DURING CONSTRUCTION AT NO COST TO THE OWNER. INLET PROTECTION SILT FENCE EXISTING DRAINAGE PATTERN PROPOSED DRAINAGE PATTERN BIO ROLLS EROSION CONTROL BLANKET SWPPP LEGEND c3.02EROSION CONTROL PLAN362 950 946 947948949 9519529533:1941.25 941.62 943.04 943.09 943.23 945.76 945.84 946.22 946.42 946.51 944.79944.60 941.72 2 . 6%3:1 3 : 1 3:13:1 3:13:1 3:1 3:13:1975.20 962.89 962.75 950950 955955 960960 965965 970 9709509509559559609608888888888LIMITS OF EXCESS SOIL STOCKPILE DO NOT IMPACT TREES PLACE MINIMUM 4" TOPSOIL ON TOP HAUL ROUTE SILT FENCE TYP-SEE DETAIL ROCK CONSTRUCTION ENTRANCE SEE DETAIL TRAFFIC CONTROL AND FENCING WILL BE PROVIDED BY THE CONTRACTOR ALLOWING FOR CONTINUED USE OF THE PUBLIC TRAILS FENCING WITH CONTROLLED GATE ACCESS AROUND SOILS A 2 3 4 5 6 B C D E General Mills - James Ford Bell Research Center GMI - JFB WING 18 1 POW 3450 PROJECT CLIENT ARCHITECT Alliiance 400 Clifton Avenue Minneapolis, MN 55403 612.874.4100 STRUCTURAL ENGINEER MEYER BORGMAN JOHNSON 801 Nicollet Mall, Suite W2000 Minneapolis, Minnesota 55402 612.338.0713 MECHANICAL, ELECTRICAL, PLUMBING ENGINEERS MICHAUD COOLEY ERICKSON 333 South 7th Street, Suite 1200 Minneapolis, Minnesota 55402 612.339.4941 CIVIL ENGINEER & LANDSCAPE ARCHITECT LOUCKS INC. 12755 Hwy 55, Suite R100 Plymouth, Minnesota 55441 763.424.5505 ISSUED FOR DATE Copyright 2025 Alliiance PRELIMINARY NOT FOR CONSTRUCTION SENSITIVE SECURITY INFORMATION WARNING: THIS RECORD CONTAINS SENSITIVE SECURITY INFORMATION THAT IS CONTROLLED UNDER 49 C.F.R. PARTS 15 AND 1520. NO PART OF THIS RECORD MAY BE DISCLOSED TO PERSONS WITHOUT A "NEED TO KNOW," AS DEFINED IN 49 C.F.R. PARTS 15 AND 1520, EXCEPT WITH THE WRITTEN PERMISSION OF THE ADMINISTRATOR OF THE TRANSPORTATION SECURITY ADMINISTRATION OR THE SECRETARY OF TRANSPORTATION. UNAUTHORIZED RELEASE MAY RESULT IN CIVIL PENALTIES OR OTHER ACTION. FOR U.S. GOVERNMENT AGENCIES, PUBLIC DISCLOSURE GOVERNED BY 5 U.S.C. 552 AND 49 C.F.R. PARTS 15 AND 1520 COMMISSION NO PUD SUBMISSION 06/02/2025 GENERAL CONTRACTOR MCGOUGH 2737 Fairview Avenue North St. Paul, MN 55113 651.633.5050 ROOFING AND WATERPROOFING CONSULTANT ROOF SPEC INC. 2400 Prior Avenue North, Suite 102 St. Paul, MN 55113 651.271.5471 N SCALE IN FEET 0 30 60 TOLL FREE: 1-800-252-1166 TWIN CITY AREA: 651-454-0002 Gopher State One Call CALL BEFORE YOU DIG! WARNING: THE CONTRACTOR SHALL BE RESPONSIBLE FOR CALLING FOR LOCATIONS OF ALL EXISTING UTILITIES. THEY SHALL COOPERATE WITH ALL UTILITY COMPANIES IN MAINTAINING THEIR SERVICE AND / OR RELOCATION OF LINES. THE CONTRACTOR SHALL CONTACT GOPHER STATE ONE CALL AT 651-454-0002 AT LEAST 48 HOURS IN ADVANCE FOR THE LOCATIONS OF ALL UNDERGROUND WIRES, CABLES, CONDUITS, PIPES, MANHOLES, VALVES OR OTHER BURIED STRUCTURES BEFORE DIGGING. THE CONTRACTOR SHALL REPAIR OR REPLACE THE ABOVE WHEN DAMAGED DURING CONSTRUCTION AT NO COST TO THE OWNER.c3.05EXCESS SOIL STOCKPILE PLANCUT (CY)FILL (CY)NET (CY) 5,170 556 4,614 SUMMARY DOES NOT TAKE INTO ACCOUNT: 1.EXPANSION/COMPACTION 2.TOPSOIL STRIPPING; EXISTING PAVEMENT REMOVAL 3.SLAB/PAVEMENT HOLDDOWNS 4.TUNNEL VOLUME 5.STORMWATER MANAGEMENT SYSTEM VOLUME *GENERAL MILLS INTENDS TO KEEP EXCESS MATERIAL ON-SITE. PRELIMINARY EARTHWORK SUMMARY 363 4 4 4 ......... WING 18 FFE=942.55 ANNEX FFE=946.04 4 888888888888888884444444444430'x47' SNOW STORAGE 8 8 8 8 88106 LF 8" PVC SAN @ 0.40% 15 LF 6" PVC SAN @ 1.04% 50 LF 8" PVC SAN @ 0.40% 342 LF 8" PVC SAN @ 0.40% SAN MH#5 RIM=945.47 INV=939.89 (6") NW (FIELD VERIFY) PER DROP SECTION DETAIL INV=935.53 (8") E SAN MH#3 RIM=939.99 INV=934.91 (8") W INV=934.81 (8") S SAN WYE#4 INV=935.11 (8") W INV=935.11 (6") S INV=935.11 (8") E SAN STUB#40 INV=935.27 (6") N SAN MH#1 RIM=940.88 INV=932.74 (8") N BUILD OVER EXIST. 10" FIELD VIERFY INVERT 8SAN MH#2 RIM=938.73 INV=934.21 (8") N INV=934.11 (8") S 8" HIGH-PRESSURE STEAM SEE MECH. SHEET m2.18-01 4" PUMPED CONDENSATE RETURN SEE MECH. SHEET m2.18-01 5" SOFTENED COLD WATER SEE MECH. SHEET m2.18-01 4" COMPRESSED AIR SEE MECH. SHEET m2.18-01 5" COLD WATER SEE MECH. SHEET m2.18-01 POT-HOLE (VAC.) AT GAS CROSSINGS POT-HOLE (VAC.) AT SANITARY CROSSINGS POT-HOLE (VAC.) AT ELEC. CROSSINGS POT-HOLE (VAC.) AT CTV CROSSING4444UTILITY CONNECTIONS SEE MECH. SHEET m2.18-00SANITARY CROSSING UNDER STORM FIELD VERIFY88POT HOLE & FIELD LOCATE CHILLED WATER LINES DEFLECT BELOW SANITARY AS NEEDED CONNECT TO EXISTING 10" WATERMAIN W/ GATE VALVE & 45° BEND (FIELD VERIFY SIZE, LOCATION, & MATERIAL) HYDRANT & GATE VALVE CONNECT TO EXISTING 10" WATERMAIN W/ GATE VALVE & 22.5° BEND (FIELD VERIFY SIZE, LOCATION, & MATERIAL) 466 - LF 10" HDPE WATERMAIN BUILDING MANHOLE OVER EXISTING SANITARY SERVICE FIELD VERIFY INVERT INVERT DROP SHALL NOT EXCEED 2' RE-ROUTE WELL LINE IF REQUIRED CONNECT TO EXISTING WATER SERVICE WITH SECTION CONTROL VALVE & TEE 6" FIRE PROTECTION SERVICE EXISTING HYDRANT EXISTING FIRE DEPARTMENT CONNECTION EXISTING POST INDICATOR VALVE 2-45° BENDS 22.5° BEND 2-45° BENDS 45° BEND "NO PARKING - FIRE LANE" SIGN "NO PARKING - FIRE LANE" SIGN 1213 1313 12 A 2 3 4 5 6 B C D E General Mills - James Ford Bell Research Center GMI - JFB WING 18 1 POW 3450 PROJECT CLIENT ARCHITECT Alliiance 400 Clifton Avenue Minneapolis, MN 55403 612.874.4100 STRUCTURAL ENGINEER MEYER BORGMAN JOHNSON 801 Nicollet Mall, Suite W2000 Minneapolis, Minnesota 55402 612.338.0713 MECHANICAL, ELECTRICAL, PLUMBING ENGINEERS MICHAUD COOLEY ERICKSON 333 South 7th Street, Suite 1200 Minneapolis, Minnesota 55402 612.339.4941 CIVIL ENGINEER & LANDSCAPE ARCHITECT LOUCKS INC. 12755 Hwy 55, Suite R100 Plymouth, Minnesota 55441 763.424.5505 ISSUED FOR DATE Copyright 2025 Alliiance PRELIMINARY NOT FOR CONSTRUCTION SENSITIVE SECURITY INFORMATION WARNING: THIS RECORD CONTAINS SENSITIVE SECURITY INFORMATION THAT IS CONTROLLED UNDER 49 C.F.R. PARTS 15 AND 1520. NO PART OF THIS RECORD MAY BE DISCLOSED TO PERSONS WITHOUT A "NEED TO KNOW," AS DEFINED IN 49 C.F.R. PARTS 15 AND 1520, EXCEPT WITH THE WRITTEN PERMISSION OF THE ADMINISTRATOR OF THE TRANSPORTATION SECURITY ADMINISTRATION OR THE SECRETARY OF TRANSPORTATION. UNAUTHORIZED RELEASE MAY RESULT IN CIVIL PENALTIES OR OTHER ACTION. FOR U.S. GOVERNMENT AGENCIES, PUBLIC DISCLOSURE GOVERNED BY 5 U.S.C. 552 AND 49 C.F.R. PARTS 15 AND 1520 COMMISSION NO PUD SUBMISSION 06/02/2025 GENERAL CONTRACTOR MCGOUGH 2737 Fairview Avenue North St. Paul, MN 55113 651.633.5050 ROOFING AND WATERPROOFING CONSULTANT ROOF SPEC INC. 2400 Prior Avenue North, Suite 102 St. Paul, MN 55113 651.271.5471 N SCALE IN FEET 0 30 60 SANITARY SEWER & WATERMAIN NOTES 1.ALL SANITARY SEWER AND WATERMAIN UTILITIES SHALL BE FURNISHED AND INSTALLED PER THE REQUIREMENTS OF THE SPECIFICATIONS,THE MINNESOTA PLUMBING CODE, THE LOCAL GOVERNING UNIT, AND THE STANDARD UTILITIES SPECIFICATION OF THE CITY ENGINEERS ASSOCIATION OF MINNESOTA (CEAM), CURRENT EDITION. 2.ALL UTILITY PIPE BEDDING SHALL BE COMPACTED SAND OR FINE GRANULAR MATERIAL. ALL COMPACTION SHALL BE PERFORMED PER THE REQUIREMENTS OF THE CEAM SPECIFICATION AND THE GEOTECHNICAL REPORT. 3.ALL CONNECTIONS TO EXISTING UTILITIES SHALL BE PERFORMED PER THE REQUIREMENTS OF THE STATE AND LOCAL JURISDICTIONS. THE CITY DEPARTMENT OF ENGINEERING AND BUILDING INSPECTIONS DEPARTMENT AND THE CONSTRUCTION ENGINEER MUST BE NOTIFIED AT LEAST 48 HOURS PRIOR TO ANY WORK WITHIN THE PUBLIC RIGHT OF WAY, OR WORK IMPACTING PUBLIC UTILITIES. 4.ALL SITE UTILITY SERVICES SHALL TERMINATE 5' FROM THE EXTERIOR BUILDING WALL UNLESS OTHERWISE NOTED. THE SITE UTILITY CONTRACTOR SHALL COORDINATE WITH THE GENERAL CONTRACTOR, MECHANICAL CONTRACTOR AND MECHANICAL ENGINEER TO DETERMINE THE RESPONSIBILITY OF BRINGING THE SERVICE(S) INTO THE BUILDING, INSPECTIONS AND TESTING PER APPLICABLE GOVERNING AGENCIES. 5.ALL NEW WATERMAIN AND SERVICES MUST HAVE A MINIMUM OF 8.0 FEET OF COVER. EXTRA DEPTH MAY BE REQUIRED TO MAINTAIN A MINIMUM 18" VERTICAL SEPARATION TO SANITARY OR STORM SEWER LINES. THE CONTRACTOR SHALL FIELD ADJUST WATERMAIN TO AVOID CONFLICTS WITH SANITARY SEWER, STORM SEWER, AND SERVICES AS REQUIRED. INSULATION OF WATERMAIN AND SANITARY SEWER LINES SHALL BE PROVIDED WHERE 8.0 FEET MINIMUM DEPTH CAN NOT BE ATTAINED. 6.PER MINNESOTA DEPARTMENT OF LABOR & INDUSTRY REQUIREMENTS, A MINIMUM OF 18 INCHES OF VERTICAL SEPARATION AND 10 FEET OF HORIZONTAL SEPARATION IS REQUIRED FROM WATERMAIN TO ANY MANHOLE, SEPTIC SYSTEM, CATCH BASIN, SEWER PIPE, OR OTHER SOURCE OF CONTAMINATION, MEASURED FROM THE OUTER EDGE OF THE PIPE TO THE OUTER EDGE OF THE CONTAMINATION SOURCE UNLESS OTHERWISE SHOWN. 7.CONTRACTOR TO SUBMIT SHOP DRAWINGS OF SANITARY STRUCTURE(S) AND UNDERGROUND SYSTEM(S) FOR ENGINEER'S REVIEW. 8.ALL FIRE HYDRANTS SHALL BE LOCATED 5 FEET BEHIND BACK OF CURB OR EDGE OF PAVEMENT UNLESS OTHERWISE NOTED. 9.HYDRANT USE: CONTRACTOR IS RESPONSIBLE TO NOTIFY PUBLIC UTILITIES DEPARTMENT WHEN THEY NEED TO USE A HYDRANT; ONLY PRE-AUTHORIZED HYDRANTS WILL BE USED. HYDRANTS TO BE OPERATED ONLY WITH PROPER EQUIPMENT SUCH AS A HYDRANT NUT WRENCH, NOT A PIPE WRENCH, HYDRANT METER IS AVAILABLE FROM PUBLIC UTILITIES DEPARTMENT. ANY TRUCK, ETC. FILLED FROM A HYDRANT MUST BE METERED, MUST HAVE PHYSICAL BREAK OR BACK-FLOW PREVENTER APPROVED BY PUBLIC UTILITIES DEPARTMENT. ALSO APPLIES TO SUBCONTRACTORS. 10.OPERATING VALVES FOR TURNING WATER MAIN ON/OFF: PUBLIC UTILITIES DEPARTMENT WILL OPERATE ALL VALVES AND FILL ALL WATER MAINS (PUBLIC AND PRIVATE). CONTRACTOR SHALL GIVE AT LEAST 24 HOURS NOTICE TO HAVE WATER SHUT OFF AND SHALL NOTIFY IN WRITING, ALL AFFECTED CUSTOMERS AT LEAST 24 HOURS IN ADVANCE BEFORE SHUT OFF; ATTACH TO DOOR, ETC., NOT IN MAILBOXES. 11.TEMPORARY SERVICE: THE CONTRACTOR SHALL PROVIDE TEMPORARY SERVICE IF SERVICE CANNOT BE RESTORED SAME DAY. IF USING HYDRANT FOR TEMPORARY SERVICE, NOTIFY PUBLIC UTILITIES DEPARTMENT AND USE ONLY PRE-APPROVED HYDRANT AND SUPPLIED HYDRO METER WITH BACK FLOW. THE CONTRACTOR'S TEMPORARY MAIN SHALL BE DISINFECTED, FLUSHED AND BACTERIOLOGICAL ANALYSIS SHOWN NEGATIVE PRIOR TO PUTTING THE TEMPORARY SYSTEM IN SERVICE. THE TEMPORARY WATER SYSTEM SHALL BE IN PLACE PRIOR TO THE PUBLIC UTILITIES DEPARTMENT SHUTTING OFF ANY WATER MAINS. 12.REFER TO GEOTECHNICAL EVALUATION REPORT DATED APRIL 3, 2025, AS PREPARED BY AMERICAN ENGINEERING TESTING, FOR AN EXISTING SUBSURFACE SITE CONDITION ANALYSIS AND CONSTRUCTION RECOMMENDATIONS INCLUDING BUT NOT LIMITED TO: A.REUSE OF ON-SITE SOILS B.GROUNDWATER AND RECOMMENDATIONS FOR EXCAVATION DEWATERING. C.SITE GRADING AND SUBGRADE PREPARATION. D.PAVEMENTS AND EXTERIOR SLABS. E.TRENCH EXCAVATION AND BACKFILL. F.EXTERIOR UTILITY SUPPORTS. G.FROST PROTECTION. 13.CONTRACTOR SHALL PROVIDE AS-BUILT INFORMATION OF CONSTRUCTED UTILITIES (RECOMMENDED PRIOR TO BACKFILLING) PER APPLICABLE PERMIT REQUIREMENTS AND/OR DEVELOPMENT AGREEMENTS. 14.ALL UNUSED UTILITY SERVICES SHALL BE ABANDONED PER THE REQUIREMENTS OF THE APPLICABLE GOVERNING AGENCIES. 15.THE CONTRACTOR IS RESPONSIBLE FOR OBTAINING ALL REQUIRED UTILITY PERMITS FROM THE APPLICABLE GOVERNING AGENCIES. PARKING STALL COUNT ACCESSIBLE PARKING STALL 2 LEGEND CATCH BASIN STORM SEWER SANITARY SEWER WATERMAIN STORM MANHOLE SANITARY MANHOLE HYDRANT GATE VALVE SPOT ELEVATION SIGN LIGHT POLE POWER POLE WATER MANHOLE / WELL CONTOUR CONCRETE CURB UNDERGROUND ELECTRIC CONCRETE TELEPHONE PEDESTAL UNDERGROUND TELEPHONE UNDERGROUND GAS OVERHEAD UTILITY CHAIN LINK FENCE BUILDING RETAINING WALL NO PARKING UNDERGROUND FIBER OPTIC SANITARY SEWER SERVICE WATER SERVICE ELECTRIC METER GAS METER TREE LINE EXISTING PROPOSED 972 DRAINTILE FORCEMAIN 373PARKING SETBACK LINE BUILDING SETBACK LINE 2 FENCE FLARED END SECTION POST INDICATOR VALVE BENCHMARK SOIL BORING 3DIRECTION OF FLOW 1.0% 972.5 TOLL FREE: 1-800-252-1166 TWIN CITY AREA: 651-454-0002 Gopher State One Call CALL BEFORE YOU DIG! WARNING: THE CONTRACTOR SHALL BE RESPONSIBLE FOR CALLING FOR LOCATIONS OF ALL EXISTING UTILITIES. THEY SHALL COOPERATE WITH ALL UTILITY COMPANIES IN MAINTAINING THEIR SERVICE AND / OR RELOCATION OF LINES. THE CONTRACTOR SHALL CONTACT GOPHER STATE ONE CALL AT 651-454-0002 AT LEAST 48 HOURS IN ADVANCE FOR THE LOCATIONS OF ALL UNDERGROUND WIRES, CABLES, CONDUITS, PIPES, MANHOLES, VALVES OR OTHER BURIED STRUCTURES BEFORE DIGGING. THE CONTRACTOR SHALL REPAIR OR REPLACE THE ABOVE WHEN DAMAGED DURING CONSTRUCTION AT NO COST TO THE OWNER.c4.01SANITARY SEWER & WATERMAIN PLAN364 6" FIRE PROTECTION SERVICE 4 4 4 ......... WING 18 FFE=942.55 ANNEX FFE=946.04 4 888888888888888884444444444430'x47' SNOW STORAGE 8 8 8 8 88844448823 20 34 28 26 R28 R55 R25 HYDRANT & GATE VALVE EXISTING HYDRANT EXISTING FIRE DEPARTMENT CONNECTION EXISTING POST INDICATOR VALVE "NO PARKING - FIRE LANE" SIGN "NO PARKING - FIRE LANE" SIGN EXISTING FIRE DEPARTMENT CONNECTION EXISTING FIRE DEPARTMENT CONNECTION EXISTING HYDRANT REMOVED EXISTING HYDRANT EXISTING HYDRANT WIDEN ROAD R28 289 4 WB-40 - Intermediate Semi-Trailer WB-67 - Interstate Semi-Trailer 4 88888884430'x47' SNOW STORAGE 8 8 8 88444437 8.5 19.5 Golden Vallet L11 Fire Truck Overall Length 37.000ft Overall Width 8.500ft Overall Body Height 10.597ft Min Body Ground Clearance 1.283ft Track Width 6.000ft Lock-to-lock time 4.00s Max Steering Angle (Virtual)45.00° A 2 3 4 5 6 B C D E General Mills - James Ford Bell Research Center GMI - JFB WING 18 1 POW 3450 PROJECT CLIENT ARCHITECT Alliiance 400 Clifton Avenue Minneapolis, MN 55403 612.874.4100 STRUCTURAL ENGINEER MEYER BORGMAN JOHNSON 801 Nicollet Mall, Suite W2000 Minneapolis, Minnesota 55402 612.338.0713 MECHANICAL, ELECTRICAL, PLUMBING ENGINEERS MICHAUD COOLEY ERICKSON 333 South 7th Street, Suite 1200 Minneapolis, Minnesota 55402 612.339.4941 CIVIL ENGINEER & LANDSCAPE ARCHITECT LOUCKS INC. 12755 Hwy 55, Suite R100 Plymouth, Minnesota 55441 763.424.5505 ISSUED FOR DATE Copyright 2025 Alliiance PRELIMINARY NOT FOR CONSTRUCTION SENSITIVE SECURITY INFORMATION WARNING: THIS RECORD CONTAINS SENSITIVE SECURITY INFORMATION THAT IS CONTROLLED UNDER 49 C.F.R. PARTS 15 AND 1520. NO PART OF THIS RECORD MAY BE DISCLOSED TO PERSONS WITHOUT A "NEED TO KNOW," AS DEFINED IN 49 C.F.R. PARTS 15 AND 1520, EXCEPT WITH THE WRITTEN PERMISSION OF THE ADMINISTRATOR OF THE TRANSPORTATION SECURITY ADMINISTRATION OR THE SECRETARY OF TRANSPORTATION. UNAUTHORIZED RELEASE MAY RESULT IN CIVIL PENALTIES OR OTHER ACTION. FOR U.S. GOVERNMENT AGENCIES, PUBLIC DISCLOSURE GOVERNED BY 5 U.S.C. 552 AND 49 C.F.R. PARTS 15 AND 1520 COMMISSION NO PUD SUBMISSION 06/02/2025 GENERAL CONTRACTOR MCGOUGH 2737 Fairview Avenue North St. Paul, MN 55113 651.633.5050 ROOFING AND WATERPROOFING CONSULTANT ROOF SPEC INC. 2400 Prior Avenue North, Suite 102 St. Paul, MN 55113 651.271.5471 N SCALE IN FEET 0 30 60 PARKING STALL COUNT ACCESSIBLE PARKING STALL 2 LEGEND CATCH BASIN STORM SEWER SANITARY SEWER WATERMAIN STORM MANHOLE SANITARY MANHOLE HYDRANT GATE VALVE SPOT ELEVATION SIGN LIGHT POLE POWER POLE WATER MANHOLE / WELL CONTOUR CONCRETE CURB UNDERGROUND ELECTRIC CONCRETE TELEPHONE PEDESTAL UNDERGROUND TELEPHONE UNDERGROUND GAS OVERHEAD UTILITY CHAIN LINK FENCE BUILDING RETAINING WALL NO PARKING UNDERGROUND FIBER OPTIC SANITARY SEWER SERVICE WATER SERVICE ELECTRIC METER GAS METER TREE LINE EXISTING PROPOSED 972 DRAINTILE FORCEMAIN 373PARKING SETBACK LINE BUILDING SETBACK LINE 2 FENCE FLARED END SECTION POST INDICATOR VALVE BENCHMARK SOIL BORING 3DIRECTION OF FLOW 1.0% 972.5 TOLL FREE: 1-800-252-1166 TWIN CITY AREA: 651-454-0002 Gopher State One Call CALL BEFORE YOU DIG! WARNING: THE CONTRACTOR SHALL BE RESPONSIBLE FOR CALLING FOR LOCATIONS OF ALL EXISTING UTILITIES. THEY SHALL COOPERATE WITH ALL UTILITY COMPANIES IN MAINTAINING THEIR SERVICE AND / OR RELOCATION OF LINES. THE CONTRACTOR SHALL CONTACT GOPHER STATE ONE CALL AT 651-454-0002 AT LEAST 48 HOURS IN ADVANCE FOR THE LOCATIONS OF ALL UNDERGROUND WIRES, CABLES, CONDUITS, PIPES, MANHOLES, VALVES OR OTHER BURIED STRUCTURES BEFORE DIGGING. THE CONTRACTOR SHALL REPAIR OR REPLACE THE ABOVE WHEN DAMAGED DURING CONSTRUCTION AT NO COST TO THE OWNER.EXHIBIT BFIRE RESPONSE PLANFIRE TRUCK MANEUVER PLAN GOLDEN VALLEY DESIGN VEHICLE - L11 FIRE TRUCK 365 4 4 4 ............................................... WING 18 FFE=942.55 ANNEX FFE=946.04 4 88888888888888888444444430'x47' SNOW STORAGE 8 8 8 8 8892 LF 27" HDPE @ 0.11% 81 LF 27" HDPE @ 0.11% 142 LF 27" HDPE @ 0.11% 86 LF 27" HDPE @ 0.11% 156 LF 27" HDPE @ 0.11% 42 LF 27" HDPE @ 0.15% 15 LF 27" HDPE @ 0.15%78 LF 24"RCP @ 0.22%6 LF 10" PVC @ 1.04% 22 LF 10" PVC @ 1.04% 24 LF 12" HDPE @ 0.50% 35 LF 15" HDPE @ 0.47% 140 LF 12" HDPE @ 0.50% 60 LF 12" HDPE @ 0.50% RATE CONTROL GALLERY SEE DETAIL ON c8.01 2-126' ROWS OF 5' DIA. PIPE PLUS TWO HEADERS INV=934.15 8'x11' PEAK DIVERSION STORMFILTER BY CONTECH SEE DETAIL ON c8.01 36 LF - 10" PVC STORM MATCH INVERTS AT CONNECTION 10" STORM WYE & CLEANOUT44448861 LF 12" HDPE @ 0.50% 9 LF 8" PVC @ 1.04% CBMH#107 RIM=937.54 INV= 930.74 (24") S INV=930.42 (27") N EX CBMH#108 RIM=??? INV=930.91 (24") N STMH#105 RIM=946.83 INV= 930.23 (27") SE INV=930.23 (27") N STMH#104 RIM=949.84 INV= 930.07 (27") S INV= 931.07 (15") E INV=930.07 (27") W STMH#102 RIM=943.41 INV= 929.80 (27") E INV=929.80 (27") W CBMH#101 RIM=941.52 INV= 929.74 (27") E INV=929.74 (27") W STMH#100 RIM=941.58 INV= 929.72 (27") E INV=926.61 (24") N BUILD OVER EXISTING PIPE FIELD VERIFY INVERT STMH#106 RIM=939.23 INV= 930.32 (27") S INV=930.32 (27") NW ST STUB#146 INV=936.30 (10") S STMH#145 RIM=945.56 INV= 936.24 (10") N INV= 937.00 (10") S INV=936.04 (12") E ST STUB#147 INV=937.23 (10") N STMH#200 RIM=942.94 INV= 936.38 (12") E INV=927.55 (24") N,S BUILD OVER EXISTING PIPE FIELD VERIFY INVERT NYLOPLAST#202 RIM=943.85 SEE DETAIL ON c8.01 INV= 937.00 (8") S INV=936.80 (12") W STMH#400 RIM=942.24 INV=928.01 SLOT DRAIN#300 RIM=942.34 MAY REQUIRE MODIFYING RINGS AND TOP BARREL RATE CONTROL SYSTEM INLET#143 INV= 934.98 (15") S STMH#144 RIM=940.59 SUMP MH W/PRESERVER SEE DETAILS ON c8.02 INV= 935.34 (12") W INV= 935.34 (12") S INV=935.14 (15") N 6' SUMP=929.14 CBMH#144A RIM=938.39 INV=935.64 (12") N STMH#103 RIM=947.86 INV= 929.97 (27") E INV=929.97 (27") W OUTLET#140 WEIR WALL=933.60 ORIFICE INV=931.09 (15") W NYLOPLAST#201 RIM=942.29 SEE DETAIL ON c8.01 INV= 936.50 (12") E INV=936.50 (12") W ST STUB#203 INV=937.10 (8") N CONNECT TO ROOF LEADER FROM WING-16 SEE MECHANICAL PLANS INLET#141 INV= 934.14 (15") E 2 LF 15" HDPE @ 0.50% OUTLET#142 INV=934.15 (15") W MIN. 3,800 SF OF TREE PROTECTION IF FILTRATION OF WQV IS APPROVED A 2 3 4 5 6 B C D E General Mills - James Ford Bell Research Center GMI - JFB WING 18 1 POW 3450 PROJECT CLIENT ARCHITECT Alliiance 400 Clifton Avenue Minneapolis, MN 55403 612.874.4100 STRUCTURAL ENGINEER MEYER BORGMAN JOHNSON 801 Nicollet Mall, Suite W2000 Minneapolis, Minnesota 55402 612.338.0713 MECHANICAL, ELECTRICAL, PLUMBING ENGINEERS MICHAUD COOLEY ERICKSON 333 South 7th Street, Suite 1200 Minneapolis, Minnesota 55402 612.339.4941 CIVIL ENGINEER & LANDSCAPE ARCHITECT LOUCKS INC. 12755 Hwy 55, Suite R100 Plymouth, Minnesota 55441 763.424.5505 ISSUED FOR DATE Copyright 2025 Alliiance PRELIMINARY NOT FOR CONSTRUCTION SENSITIVE SECURITY INFORMATION WARNING: THIS RECORD CONTAINS SENSITIVE SECURITY INFORMATION THAT IS CONTROLLED UNDER 49 C.F.R. PARTS 15 AND 1520. NO PART OF THIS RECORD MAY BE DISCLOSED TO PERSONS WITHOUT A "NEED TO KNOW," AS DEFINED IN 49 C.F.R. PARTS 15 AND 1520, EXCEPT WITH THE WRITTEN PERMISSION OF THE ADMINISTRATOR OF THE TRANSPORTATION SECURITY ADMINISTRATION OR THE SECRETARY OF TRANSPORTATION. UNAUTHORIZED RELEASE MAY RESULT IN CIVIL PENALTIES OR OTHER ACTION. FOR U.S. GOVERNMENT AGENCIES, PUBLIC DISCLOSURE GOVERNED BY 5 U.S.C. 552 AND 49 C.F.R. PARTS 15 AND 1520 COMMISSION NO PUD SUBMISSION 06/02/2025 GENERAL CONTRACTOR MCGOUGH 2737 Fairview Avenue North St. Paul, MN 55113 651.633.5050 ROOFING AND WATERPROOFING CONSULTANT ROOF SPEC INC. 2400 Prior Avenue North, Suite 102 St. Paul, MN 55113 651.271.5471 N SCALE IN FEET 0 30 60 STORM SEWER NOTES 1.ALL STORM SEWER SHALL BE FURNISHED AND INSTALLED PER THE REQUIREMENTS OF THE SPECIFICATIONS,THE MINNESOTA PLUMBING CODE, THE LOCAL GOVERNING UNIT, AND THE STANDARD UTILITIES SPECIFICATION OF THE CITY ENGINEERS ASSOCIATION OF MINNESOTA (CEAM), CURRENT EDITION. 2.ALL UTILITY PIPE BEDDING SHALL BE COMPACTED SAND OR FINE GRANULAR MATERIAL. ALL COMPACTION SHALL BE PERFORMED PER THE REQUIREMENTS OF THE CEAM SPECIFICATION AND THE GEOTECHNICAL REPORT. 3.ALL CONNECTIONS TO EXISTING UTILITIES SHALL BE PERFORMED PER THE REQUIREMENTS OF THE STATE AND LOCAL JURISDICTIONS. THE CITY DEPARTMENT OF ENGINEERING AND BUILDING INSPECTIONS DEPARTMENT AND THE CONSTRUCTION ENGINEER MUST BE NOTIFIED AT LEAST 48 HOURS PRIOR TO ANY WORK WITHIN THE PUBLIC RIGHT OF WAY, OR WORK IMPACTING PUBLIC UTILITIES. 4.ALL SITE UTILITY SERVICES SHALL TERMINATE 5' FROM THE EXTERIOR BUILDING WALL UNLESS OTHERWISE NOTED. THE SITE UTILITY CONTRACTOR SHALL COORDINATE WITH THE GENERAL CONTRACTOR, MECHANICAL CONTRACTOR AND MECHANICAL ENGINEER TO DETERMINE THE RESPONSIBILITY OF BRINGING THE SERVICE(S) INTO THE BUILDING, INSPECTIONS AND TESTING PER APPLICABLE GOVERNING AGENCIES. 5.PER MINNESOTA DEPARTMENT OF LABOR & INDUSTRY REQUIREMENTS, A MINIMUM OF 18 INCHES OF VERTICAL SEPARATION AND 10 FEET OF HORIZONTAL SEPARATION IS REQUIRED FROM WATERMAIN TO ANY MANHOLE, SEPTIC SYSTEM, CATCH BASIN, SEWER PIPE, OR OTHER SOURCE OF CONTAMINATION, MEASURED FROM THE OUTER EDGE OF THE PIPE TO THE OUTER EDGE OF THE CONTAMINATION SOURCE UNLESS OTHERWISE SHOWN. 6.ALL STORM SEWER DOWNSPOUT COLLECTION PIPES AND WYES SHALL BE PVC (SCHEDULE 40). 7.CONTRACTOR TO SUBMIT SHOP DRAWINGS OF STORM STRUCTURE(S) AND UNDERGROUND SYSTEM(S) FOR ENGINEER'S REVIEW. 8.CONTRACTOR TO VERIFY UNDERLYING SOILS BENEATH ALL STORMWATER FACILITIES, AND PROVIDE DOCUMENTATION TO THE ENGINEER, PRIOR TO CONSTRUCTION OF THE FACILITIES. 9.ALL PORTIONS OF THE STORM SEWER SYSTEM, INCLUDING CATCH BASINS, LOCATED WITHIN 10 FEET OF THE BUILDING OR WATER SERVICE LINE MUST BE TESTED ACCORDANCE WITH MINNESOTA RULES, PART 4714. 10.REFER TO GEOTECHNICAL EVALUATION REPORT DATED APRIL 3, 2025 AS PREPARED BY AMERICAN ENGINEERING TESTING, FOR AN EXISTING SUBSURFACE SITE CONDITION ANALYSIS AND CONSTRUCTION RECOMMENDATIONS INCLUDING BUT NOT LIMITED TO: A.REUSE OF ON-SITE SOILS B.GROUNDWATER AND RECOMMENDATIONS FOR EXCAVATION DEWATERING. C.SITE GRADING AND SUBGRADE PREPARATION. D.PAVEMENTS AND EXTERIOR SLABS. E.TRENCH EXCAVATION AND BACKFILL. F.EXTERIOR UTILITY SUPPORTS. G.FROST PROTECTION. 11.CONTRACTOR SHALL PROVIDE AS-BUILT INFORMATION OF CONSTRUCTED STORMWATER MANAGEMENT SYSTEMS & ASSOCIATED INFRASTRUCTURE (RECOMMENDED PRIOR TO BACKFILLING) PER APPLICABLE PERMIT REQUIREMENTS AND/OR DEVELOPMENT AGREEMENTS. 12.ALL UNUSED UTILITY SERVICES SHALL BE ABANDONED PER THE REQUIREMENTS OF THE APPLICABLE GOVERNING AGENCIES. 13.THE CONTRACTOR IS RESPONSIBLE FOR OBTAINING ALL REQUIRED UTILITY PERMITS FROM THE APPLICABLE GOVERNING AGENCIES. TOLL FREE: 1-800-252-1166 TWIN CITY AREA: 651-454-0002 Gopher State One Call CALL BEFORE YOU DIG! WARNING: THE CONTRACTOR SHALL BE RESPONSIBLE FOR CALLING FOR LOCATIONS OF ALL EXISTING UTILITIES. THEY SHALL COOPERATE WITH ALL UTILITY COMPANIES IN MAINTAINING THEIR SERVICE AND / OR RELOCATION OF LINES. THE CONTRACTOR SHALL CONTACT GOPHER STATE ONE CALL AT 651-454-0002 AT LEAST 48 HOURS IN ADVANCE FOR THE LOCATIONS OF ALL UNDERGROUND WIRES, CABLES, CONDUITS, PIPES, MANHOLES, VALVES OR OTHER BURIED STRUCTURES BEFORE DIGGING. THE CONTRACTOR SHALL REPAIR OR REPLACE THE ABOVE WHEN DAMAGED DURING CONSTRUCTION AT NO COST TO THE OWNER. PARKING STALL COUNT ACCESSIBLE PARKING STALL 2 LEGEND CATCH BASIN STORM SEWER SANITARY SEWER WATERMAIN STORM MANHOLE SANITARY MANHOLE HYDRANT GATE VALVE SPOT ELEVATION SIGN LIGHT POLE POWER POLE WATER MANHOLE / WELL CONTOUR CONCRETE CURB UNDERGROUND ELECTRIC CONCRETE TELEPHONE PEDESTAL UNDERGROUND TELEPHONE UNDERGROUND GAS OVERHEAD UTILITY CHAIN LINK FENCE BUILDING RETAINING WALL NO PARKING UNDERGROUND FIBER OPTIC SANITARY SEWER SERVICE WATER SERVICE ELECTRIC METER GAS METER TREE LINE EXISTING PROPOSED 972 DRAINTILE FORCEMAIN 373PARKING SETBACK LINE BUILDING SETBACK LINE 2 FENCE FLARED END SECTION POST INDICATOR VALVE BENCHMARK SOIL BORING 3DIRECTION OF FLOW 1.0% 972.5 c4.02STORM SEWER PLAN366 From:Jay Isenberg To:Jacquelyn Kramer Cc:Noah Schuchman; Thanks!gvmckenzie1@msn.com; Lynda Monick-Isenberg; Carl Pearson; bill2mett@gmail.com; jesskerry@gmail.com; Planning Subject:Public Comments and Photos regarding the General Mills Proposed PUD Proposal - Urgent Date:Monday, June 23, 2025 10:47:27 AM Attachments:General Mills Site Image Notes copy.pdf Importance:High 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. Dear Jacquelyn Kramer (Senior Planner), Administrator Schuchman and members of the Planning Commission, This email and accompanying site plan, photos and images contain my public comments regarding the proposed addition to the General Mills campus across the street from my and my neighbors’ residences along Boone Ave N. Please include them for the Planning Commissioners' consideration for tonight's meeting. I do not speak for others but have included some neighbors in this email. Unfortunately, I am out of town for this public hearing as I was for the neighborhood meeting, but I have reviewed the Staff Report and the architectural drawings provided for the project attached in the recently posted Agenda. First of all, I’d like you to know that no one answers the phone in the planning department nor has anyone returned my calls regarding this project. I have dealt with the department positively many times and always had the phone answered, so wondering what has changed? Over the course of the years my neighbors and I who live on Bonne Ave N across the street from the project property have witnessed a continuing deterioration and disregard for the upkeep of the property adjoining our homes that includes the ugly chain link fence with barbed wire, thick buffering trees and “landscape” (facetious) Blvd along Boone Ave N. I don't know exactly who is responsible for this, whether the City of Golden Valley or General Mills but the resulting visual deterioration affects the quality of the neighborhood. In this light, please see the comments in RED on the attached site drawing and photos, and consider how this previous lack of consideration filters our trust (becoming distrust) in the care and ability of the applicant to provide the visual buffer stated in the Report after the trees are removed as shown in the project drawings. I ask how long will it be once the tress are removed for the new road that we can expect new tress to be planted and what size will they be? This thick existing tree buffer has been part of the quality of life we enjoy in this part of Golden Valley and why we moved here from Minneapolis 7 years ago. Given the proposed timeframe of the project as stated in the Report, it looks like the new tress will not be planted until May 2027 after the building is built. And what happens if there is a delay in the construction of the building and no new trees are ever planted (see current situation provided in the attached photos). How will the Planning Commission serve our needs by requiring new LARGE trees to be planted as soon as possible and regardless of the building construction timeline? I am very concerned this additional tree removal along with an inadequate replacement strategy will add to the continued lack of care we are witnessing with our corporate neighbor. The attached photos will provide you what we look at now compared to a full wall of buffering 367 tress not more than a year ago. Note also the fence replacement section(s) and the open water outlet recently seen that dumps storm water openly toward Boone Ave. This view was once a wall of trees-non replacement trees planted This is a view down Boone Ave N indicating the fence “repair” and wall of new poles (non of the existing were removed) 368 New Wall of Poles (no replacement trees provided) and lovely new landscaping 369 Formerly a wall of trees: 370 Storm water management !!!!! 371 While I expect the project to be approved, I want it publicly stated my lack of confidence based on past performance in the applicant’s motivation to provide its neighbors with a replacement green buffer. Obviously, we are also concerned about the new road configuration, amount of trucks using it for access and docking, additional noise and when how will be contained with respect to the neighhood. Lastly, I have not heard anything about what the 2 story building will be providing and whether new and/or additional manufacturing resulting odors will be emanating from the facility - please address this item as well. Please let me know that you have received these public comments and they will be provided as part off the public meeting. Thank you for your consideration. Jay H Isenberg AIA Isenberg + Associates 8640 Winsdale Street N. Minneapolis, MN 55427 612-799-3217 jhisenberg@me.com 372 373 CITY OF GOLDEN VALLEY PLANNING COMMISSION MEETING MINUTES Monday, June 23, 2025 – 6:30 p.m. | City Hall Council Chamber 7800 Golden Valley Road Golden Valley, MN 55427 1. CALL TO ORDER AND LAND ACKNOWLEDGEMENT  Acting Chair Cohen called the meeting to order at 6:32 p.m. and read the Land Acknowledgement  Regular Members Present: Amy Barnstorff, Gary Cohen, Chuck Segelbaum, Martin Sicotte, Eric Van Oss, David Hill, Mike Ruby (arrived 7:03 p.m.)  Regular Members Absent: None  Student Member, Status: Vacant  Staff Members Present: Jacquelyn Kramer, Senior Planner Steven Okey, Associate Planner Sam Barens, Planning Intern  Council Member Present: None 2. CONSENT AGENDA: Segelbaum noted that 2.C. should be updated to remove the position of Secretary from the Commission and update the wording for when both the Chair and Vice Chair are absent from the meeting to say: Officers may delegate the duties of their positions to other commissioners as deemed appropriate by the commission. Cohen noted that 2.H. is a land acquisition for a public works facility, and as a member of the task force, he added that the current public works facility is outdated, too small, and not up to date for employee work. 2.A. Approval of agenda 2.B. Approval of May 12, 2025, meeting minutes 2.C. Update to Planning Commission Bylaws 2.D. Adopt Planning Commission Resolution No. 25-002 Certifying Land Conveyance of 504 Lilac Drive North is in Compliance with the Comprehensive Plan 2.E. Adopt Planning Commission Resolution No. 25-003 Certifying Land Conveyance of 4707 Circle Down is in Compliance with the Comprehensive Plan 2.F. Adopt Planning Commission Resolution No. 25-004 Certifying Land Conveyance of 1211 Lilac Drive is in Compliance with the Comprehensive Plan 2.G. Adopt Planning Commission Resolution No. 25-005 Certifying Land Conveyance of 1611 Lilac Drive is in Compliance with the Comprehensive Plan 2.H. Adopt Planning Commission Resolution No. 25-006 Certifying Land Conveyance of 6100 Olson Memorial Highway is in Compliance with the Comprehensive Plan  Cohen asked for a motion to approve.  Segelbaum moved to approve with the edits as outlined.  Hill seconded.  All voted in favor, and the motion passed. 3. PUBLIC HEARINGS: 3.A. Planned Unit Development (PUD) Major Amendment for 9000 Plymouth Avenue North  Kramer presented the proposal.  Cohen asked if there were any questions for the staff.  Segelbaum noted that in the neighborhood meeting, there was a question about landscaping and maintaining a visual screen. He asked if staff could show what the neighbor was referring to and anything that could be pointed out in the proposal that highlights the landscaping.  Kramer shared a visual of the proposed landscape plan that the applicant is proposing, which 374 CITY OF GOLDEN VALLEY PLANNING COMMISSION MEETING MINUTES Monday, June 23, 2025 – 6:30 p.m. | City Hall Council Chamber 7800 Golden Valley Road Golden Valley, MN 55427 has as much screening as possible. She also shared the tree removal plan, which would have to take place for the turnaround and the underground utilities tunnel to take place. She noted that Staff is also working with the applicant for additional tree replacement on the site or in the nature area of the site.  Segelbaum asked if the applicant is subject to the tree mitigation plan requirements the City has in place, given that it is a PUD Amendment.  Kramer stated that the applicant is subject to the same tree mitigation policy, and the Staff has already been in discussion with the applicant about their plans. The applicant will have to apply for a tree inventory and landscape plan along with their building permits, which would happen after City Council approval.  Segelbaum asked if there were any trees removed recently that would be included in the policy.  Kramer noted that there is a look-back policy, which is included with the tree mitigation policy, so if there were any trees removed recently, those would have to be replaced as well. Staff can look back at past plans and see what it has looked like to get back to the one-to-one ratio of trees.  Sicotte asked if the x’s on the plans that indicate trees that would be removed are any trees or just trees above the caliper size and type that is required to be replaced. He noted that the number of x’s seemed to be greater than that which was being replaced.  Kramer stated that she was unsure but asked the applicant for clarification.  Senior Manager of Global Real Estate, General Mills, Jordan Weigelt, spoke.  Weigelt stated that the plan for the trees needs to be further developed and that it will happen as they apply for the permit. He noted that it is important to look at the entire campus and see that in the North 40, which is open to the community, there are probably 3,000-plus trees, but more work needs to be done to get the one-to-one ratio that is needed.  Kramer noted that she would try to look up if the plans were showing all the trees being removed or just the ones that would have to be included in the tree replacement process.  Sicotte noted that sometimes, when a survey is done, they do not even draw the trees that are below a certain caliper.  General Mills Architect and Project Manager, Mamie Harvey, spoke.  Harvey noted that the General Mills landscape architect has been working with the City Staff to go through and identify the trees that need to be replaced, and there are several trees that General Mills understands need to be replaced on campus.  Hill asked if there is a timing on replacing the trees; he thought this was a resident issue that had been raised.  Kramer stated that this was in an email from a resident, which asked in what phase the trees would be replaced and when the screening would grow back in.  Harvey stated that the area where the trees would be removed is the area being used for the construction site, so with the building construction starting in the spring, it would be the following spring when the trees would be replanted.  Sicotte asked about the grading that would be taking place in the north part of the property, and where the soil would be coming from, specifically.  Harvey noted that the tunnel is fairly deep, so they need to figure out what to do with the soil, which they have been working with the excavator and will probably add to the stockpile in the North 40.  Kramer added that in the plans, none of the trees in the North 40 would be impacted, and the area where the excess soil would go has been used in previous projects.  Harvey noted that there is a Class 5 pile out in the North 40.  Segelbaum asked about the standards and requirements that a PUD has over time, especially 375 CITY OF GOLDEN VALLEY PLANNING COMMISSION MEETING MINUTES Monday, June 23, 2025 – 6:30 p.m. | City Hall Council Chamber 7800 Golden Valley Road Golden Valley, MN 55427 with this property having been around for a long amount of time, and many changes can occur.  Kramer asked if he was talking about amending the plans.  Segelbaum clarified that he was curious how applicants are held to their plans. If there is a screening that was in the plans 20 years ago, does the screening need to still be there today, or is the applicant able to have some change over time.  Kramer stated that, depending on the scale of the change, the plans would have to be updated somehow, which may just be an administrative approval by the Staff. It might be a minor PUD amendment, which is reviewed by Staff and then goes directly City Council with the Planning Commission. Or, like in this case, there is a Major PUD Amendment, which is the same process as a new PUD: neighborhood meeting, public hearing, and then the Council. She noted that in general, the City will have any updates to the plans for PUDs and will update the plans as needed.  Segelbaum asked if there was any administrative or formal action that called out the change in that location adjacent to Boone Avenue.  Kramer stated that the Staff started looking into it, and that there was a right-of-way permit that they are working with City Engineering to look closely at. The question in the email specifically talked about screening along Boone Avenue being removed, and this was to install several electric poles, so there was no way to put the trees back, but there may be other types of screening that could be used. She noted that Staff is working with the applicant to get additional screening in this area, because of the concern that has been raised.  Cohen asked if there were further questions. He then invited the applicant to come forward to speak.  Weigelt thanked the Commission for considering them and for the ongoing work with them. He noted that this expansion is really exciting for General Mills because it is for the pet food side of things, and it will allow the scientists to keep innovating in a safe and flexible environment. He noted that the square footage is closer to 40,000 square feet.  General Mills Senior Project Manager Austin Kryzer spoke.  Kryzer stated that they were there to answer any questions that anyone may have.  Cohen asked the applicant to go over some of the items that were highlighted for the neighborhood meeting, such as the plans for the building, the number of employees it might utilize, just a general overview of the plans.  Harvey stated the North building entrance would stay the same, and that the new floors will only be technical space, meaning no additional office space will be added, with no population being added. She noted that the biggest change is the ring road, which will no longer go around the building. She added that General Mills is investing in this campus by putting an underground tunnel that could be used for expansion in the future. She stated that the building does not have windows, but that it will be a brick building that will feel like the rest of the campus. General Mills is focused on the sustainability of the building and the flexibility this building will bring to the future of the company. She spoke at the three phases: first is the site and the utilities, second is reinvesting in accessible restrooms adjacent to this facility, and third is the building itself.  Cohen asked if there were any questions for the applicant.  Segelbaum asked if the applicant could add anything to the discussion of the screening and past promises of screening that did not happen.  Harvey noted that the process has brought to light some information from the neighbor’s perspective, which General Mills will want to take this information and try to alleviate some of the strain that the neighbors are feeling. She noted that more communication about the technical parts of the right-of-way that was put in may be of benefit to the neighbors. She 376 CITY OF GOLDEN VALLEY PLANNING COMMISSION MEETING MINUTES Monday, June 23, 2025 – 6:30 p.m. | City Hall Council Chamber 7800 Golden Valley Road Golden Valley, MN 55427 added that when General Mills does these projects, they look at the zoning requirements and make sure that the plans meet the goals of the City and the County as well as their own.  Segelbaum asked if General Mills has had a chance to look at this area where the right-of-way came in and thought about how to screen differently to fix the problem that community members are bringing up.  Harvey noted that with the email coming in today, they have not had time to discuss this as of yet.  Kryzer noted that he did see the email, and he was part of the power project that took place in the area under discussion. He added that this is where the main power comes into the facility and that they want to be very cognizant of the neighbors, but they are not able to while staying within the code, and the poles are 30 feet tall. He referred to a picture that the project will be well shielded from the neighbors around by much of the screening that is already in place. He stated that, as a food manufacturer, it is difficult to have a lot of vegetation close by because it brings in the birds and pests, so they are trying to balance the number of trees and the landscape plan while trying to keep things as far away from the building as possible.  Segelbaum noted that he would like to see that they at least examine the possibility of adding to the vegetation in the area.  Van Oss noted that they are not asking for any deviations from the code in terms of mitigation. He added that the email in question was not germane to the application because the PUD is not for the whole site but for a specific location, and the applicant is within code to that.  Kramer added that the email is talking about an area outside of this project, but that the entire campus is part of the PUD. So, they have to look at the whole campus as part of the project. She added that the Planning Commission can make recommendations or conditions of approval, such as applicant will continue to work with the Staff on additional screening opportunities.  Van Oss stated that if screening was an issue at large for the applicant, the Staff would bring this to the Planning Commission as something to consider.  Kramer stated that the Staff is not seeing an at-large screening issue.  Cohen asked about the area where they would take down the trees for staging, if the tree take down would happen early, and if the trees would not be put back up until late 2027.  Kryzer noted that the demolition of some trees would happen early in phase one, and then the plan would be for the replacement of the landscaping to happen in phase three of the project  Cohen asked about the employees and if all 600 of them were there all the time, and if there could be any traffic concerns because of the construction.  Kryzer stated that in meetings, the neighbors were complimentary of what they had done. He said that the employees work on shifts, and this expansion does not add any headcount, just more square footage. The construction should not have an impact on traffic because they are not changing anything from the way it is currently.  Cohen asked if there were any other questions for the applicant.  Cohen opened the public hearing.  Resident Tyler Gruenwald, 1316 Gettysburg Ave, spoke.  Gruenwald stated that his concern was with the addition of exterior lighting and the impact that it could have on some neighbors. He stated that it would not impact him, but the lights on the west side are shining right into his house now, so it would be something that they should at least consider.  Ruby asked if the Staff would like to respond to relevant questions. 377 CITY OF GOLDEN VALLEY PLANNING COMMISSION MEETING MINUTES Monday, June 23, 2025 – 6:30 p.m. | City Hall Council Chamber 7800 Golden Valley Road Golden Valley, MN 55427  Kramer noted that the applicant has submitted a lighting plan, and that they would have to meet the lighting requirement, such as minimizing spill over onto neighboring properties, just like any other application.  Ruby asked if it would just cover new or the existing as well.  Kramer stated that the plan just covers the new lighting, but that they could also take a look at the west side lighting, since a concern was raised.  Cohen closed the public hearing and opened the item for discussion.  Cohen stated he had not been to the site until recently; however, he was struck by three things: it is huge, General Mills has been a good neighbor for Golden Valley, and it brings in a high population during the day. He added that he is supportive of the proposal.  Van Oss stated that he feels it is a great project, and that he hopes to see more of it in the future with the larger employees, as it will help to expand the City.  Segelbaum stated that he agreed with what has been said, and that General Mills has been great for the community, and that he appreciates that they continue to reinvest in the community. He feels that the plan looks great, but that with a neighbor raising some concerns, it would be good for General Mills to look at the screening of the property, since they have done a nice job thus far.  Sicotte noted that he is very familiar with the area, and his only concern is that the tree removal plan is not being met with the new trees. He feels this may be due to the types of trees being removed, but he hopes that this was being thought about and is very supportive of the project.  Hill stated he felt that some of the concerns that were addressed were outside the project itself, but that the applicant could think about them and look at the concerns. He feels that the project is solid.  Cohen asked if there were any other questions or comments. He then asked for a motion.  Segelbaum made the motion to recommend approval of the major PUD amendment based on staff findings.  Van Oss seconded the motion.  All voted in favor, and the motion passed.  Van Oss asked about the policy on whether trees need to be replaced if they die.  Kramer stated that any tree that is shown in an approved PUD plan, if it dies, would have to be replaced.  Van Oss asked what the look-back period would be for that.  Kramer stated that she thought it was two years. 4. STAFF, COUNCIL LIAISON, AND COMMISSIONER UPDATES  Kramer stated that on May 20th, Council approved the application for 504 Lilac and 4707 Circle Down, and the final plats for the two applications will go to Council on July 1st. She thought that they would be done with the planning applications for those five properties. She added that the Commission approved tonight for certification of land acquisitions and/or conveyance for several properties, but probably would not hear much on those for a while. She noted that she would update when an agreement is reached with a developer or construction starts.  Kramer introduced the planning intern, Sam Barens, who would be with them for the summer.  Planning Intern Sam Barens stated that he would be interning for the summer with the planners. He is in the Masters of Urban and Regional Planning Program at the University of Minnesota. He is originally from Florida and has been here for a year, and has one more year left. He plans to present something to the Planning Commission.  Kramer stated that next month, he will be presenting to the Planning Commission. She added that the Community Development Department has seven interns this year, which has been 378 CITY OF GOLDEN VALLEY PLANNING COMMISSION MEETING MINUTES Monday, June 23, 2025 – 6:30 p.m. | City Hall Council Chamber 7800 Golden Valley Road Golden Valley, MN 55427 helpful.  Cohen asked if there was a new schedule for the safety meeting with the Board of Zoning Appeals.  Kramer stated that there was no date at this time, but that this week they may be able to put together a one-page flyer about general safety protocol for the room.  Cohen asked if the next meeting would be July 14th.  Kramer agreed and added that at the meeting, there would be two Conditional Use Permit applications.  Cohen asked if there was anything else to share.  Kramer stated there was not, but asked if there were any questions for the Staff.  Van Oss asked about the enhanced quiet hours that St. Louis Park has put in place for the train, and if the City is working with St. Louis Park or could work with them to do the same sort of thing.  Kramer stated that they have been talking about it in the office, and that she does not know the details of St. Louis Park’s ordinance, but that they could start working on it for the City.  Ruby asked where that would fall under.  Kramer stated that she thought if it were an ordinance that it would be under city code, but she is not for sure. She corrected to say that the City Engineer has started to work on this, but she was not sure if it would come before the Planning Commission; however, she would update either way.  Cohen asked if Councilmember Ginis had sent any updates to the Staff.  Kramer stated that she sent an email about the JFB project, noting that she has heard concerns about the buckthorn removal and maintenance of the trail in general, so it may come up at Council but because the PUD Amendment is not doing anything with that part of the property, Council may or may not want to discuss it.  Cohen stated that if the Council wants to discuss buckthorn removal, they should hire goats.  Van Oss asked about who manages the wildlife in the park.  Kramer stated that she is unsure of who manages the wildlife.  Cohen asked if there are any Commissioner updates.  Segelbaum asked if there was a BZA meeting this month.  Kramer stated that there is a meeting in July.  Van Oss asked whose turn it is to attend.  Kramer stated she was not sure right now but would figure it out. The meeting is on July 22nd, and she will email the person when it is their month to go. 5. ADJOURNMENT: Acting Chair Cohen adjourned the meeting at 7:30 p.m. 379 RESOLUTION NO. 25-066 RESOLUTION AUTHORIZING SUMMARY PUBLICATION OF ORDINANCE NO. 801 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. 801 AN ORDINANCE AMENDING THE CITY CODE APPROVAL OF MAJOR AMENDMENT TO PLANNED UNIT DEVLEOPMENT NO. 83 This is a summary of the provisions of Ordinance No. 801 which has been approved for publication by the City Council. At the July 15, 2025, City Council meeting, the Golden Valley City Council enacted Ordinance No. 801 amending Planned Unit Development No. 83 to allow building and site improvements at 9000 Plymouth Avenue. 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 https://www.goldenvalleymn.gov/179/City-Code-and-Proposed-Ordinances. Passed by the City Council of the City of Golden Valley, Minnesota on July 15, 2025. ____________________________ Roslyn Harmon, Mayor Attested: ____________________ Theresa Schyma, City Clerk 380 EXECUTIVE SUMMARY City Manager's Office 763-512-2345 / 763-512-2344 (fax) Golden Valley City Council Meeting July 15, 2025 Agenda Item 3I. Adopt Resolution No. 25-067 Approving Mayor Harmon's Attendance to the National Black Caucus of Local Elected Officials (NBC-LEO) Summer Conference and Resolution No. 25-068 Accepting Donation for Mayor Harmon's Conference Airfare Prepared By Noah Schuchman, City Manager Summary Mayor Roslyn Harmon requests approval by the City Council to attend the National Black Caucus of Local Elected Officials in Houston, Texas from July 30 - August 3, 2025. The theme of the event is NBC- LEO Homecoming 2025 “Advancing Educational Equity, Excellence and Economic Opportunity for Black Americans.” According to the NBC-LEO registration website, NBC-LEO is striving to bring local leaders resources on the following topic areas: Neighborhood and Built-In Environment Economic Stability Healthcare & Quality Education Access & Quality According to Resolution No. 24-037, Golden Valley City Council Guide, all requests for out of state travel must be approved in advance by the City Council at an open meeting and must include an estimate of the cost of travel. Additionally, the City Council will consider factors as outlined in the attached policy. Estimated Cost of Travel Registration: NLC Member - $650, Non Member - $800 Hotel Costs: $640 (estimate based on US General Services Administration per diem rates in Houston, TX) Transportation: $200 Meals, and Incidentals: $256 (estimate based on US General Services Administration per diem rates in Houston, TX) Airfare: $248 (resolution attached for Council consideration of an in-kind donation) Financial or Budget Considerations The City Council budgets $5,000 annually for National Conferences. Legal Considerations 381 This item is not required to go through legal review. Equity Considerations This item does not require equity review. Recommended Action Motion to adopt Resolution No. 25-067 Approving Mayor Harmon's Attendance to the National Black Caucus of Local Elected Officials (NBC-LEO) Summer Conference. Motion to adopt Resolution No. 25-068 Accepting Donation for Mayor Harmon's Conference Airfare to the 2025 NBC-LEO Summer Conference. Supporting Documents Excerpt from Resolution No. 24-037 - Elected Official Out of State Travel Policy Resolution No. 25-067 - Approving Mayor Harmon's Attendance to the National Black Caucus of Local Elected Officials (NBC-LEO) Summer Conference Resolution No. 25-068 - Accepting Donation for Mayor Harmon's Conference Airfare to 2025 NBC-LEO Summer Conference 382 Elected Official Out of State Travel Policy Purpose The City of Golden Valley recognizes that its elected official may at times receive value from traveling out of the state for workshops, conferences, events and other assignments. This policy sets forth the conditions under which out-of-state travel will be reimbursed by the City. General Guidelines: 1. The event, workshop, conference or assignment must be approved in advance by the City Council at an open meeting and must include an estimate of the cost of the travel. In evaluating the out-of-state travel request, the Council will consider the following: • Whether the elected official will be receiving training on issues relevant to the City or to his or her role as the Mayor or as a Council Member; • Whether the elected official will be meeting and networking with other elected officials from around the country to exchange ideas on topics of relevance to the City or on the official roles of local elected officials. • Whether the elected official will be viewing a city facility or function that is similar in nature to one that is currently operating at, or under consideration by the City where the purpose for the trip is to study the facility or function to bring back ideas for the consideration of the full Council. • Whether the elected official has been specifically assigned by the Council to visit another city for the purpose of establishing a goodwill relationship such as a "sister- city" relationship. • Whether the elected official has been specifically assigned by the Council to testify on behalf of the City at the United States Congress or to otherwise meet with federal officials on behalf of the City. • Whether the City has sufficient funding available in the budget to pay the cost of the trip. 2. No reimbursements will be made for attendance at events sponsored by or affiliated with political parties. 3. The City may make payments in advance for airfare, lodging and registration if specifically approved by the council. Otherwise all payments will be made as reimbursements to the elected official. 4. The City will reimburse for transportation, lodging, meals, registration, and incidental costs using the same procedures, limitations and guidelines outlined in the City's policy for out-of- state travel by City employees. 5. Airfare will be reimbursed at the coach rate. 6. Mileage will be reimbursed at the IRS rate. If two or more Council Members travel together by car, only the driver will receive reimbursement. The City will reimburse for the cost of renting an automobile if necessary to conduct City business. 383 7. Lodging and meal costs are limited to those which are reasonable and necessary. 8. Receipts are required for lodging, airfare, and meals and should accompany an expense report form. It is not necessary to have receipts for cabs and tips. The expense report form shall be submitted to the Finance Department for payment. 9. The City will not reimburse for alcoholic beverages, personal telephone calls, costs associated with the attendance of a family member, rental of luxury vehicles, meal expenses included in the cost of registration, or recreational expenses such as golf or tennis. Adopted November 15, 2005. 384 RESOLUTION NO. 25-067 RESOLUTION APPROVING ATTENDANCE OF MAYOR HARMON AT THE 2025 NATIONAL BLACK CAUCUS OF LOCAL ELECTED OFFICIALS SUMMER CONFERENCE WHEREAS, the City Council adopted Resolution No. 24-037 on May 21, 2024, which established a policy for the out-of-state travel of elected officials; and WHEREAS, the Resolution states that requests for out-of-state travel must be approved in advance by the City Council at an open meeting and must include an estimate of the cost of travel; and WHEREAS, the City Council recognizes that its elected officials may at times receive value from traveling out of state for workshops, conferences, events, and other assignments; and WHERAS, the National Black Caucus for Local Elected Officials (NBC-LEO) Summer Conference is held July 30-August 3, 2025 in Houston, Texas; and WHEREAS, Mayor Roslyn Harmon has interest in representing the City of Golden Valley at the NBC-LEO Summer Conference; and WHEREAS, the City Council has evaluated the request, including the estimated cost of travel provided in the staff report, and determined this request meets the requirements of the Elected Official Out-of-State Travel Policy. NOW, THEREFORE, BE IT RESOLVED that the City Council for the City of Golden Valley approve the attendance of Mayor Harmon at the National Black Caucus of Local Elected Officials Summer 2025 Conference from July 30-August 3, 2025 in Houston, Texas. Adopted by the City Council of Golden Valley, Minnesota this 15th day of July 2025. Roslyn Harmon, Mayor ATTEST: _______________________ Theresa Schyma, City Clerk 385 RESOLUTION NO. 25-068 RESOLUTION ACCEPTING THE IN-KIND DONATION OF $248.00 FOR ROUND-TRIP AIRFARE FROM ARMETHA PIHLSTROM OF PIHLSTROM CONSULTING GROUP FOR AN ELECTED OFFICIAL TO ATTEND A NATIONAL CONFERENCE WHEREAS, the City Council adopted Resolution 04-20 on March 16, 2004, which established a policy for the receipt of gifts; and WHEREAS, the Resolution states that a gift of real or personal property must be accepted by the City Council by resolution and be approved by a two -thirds majority of the Council; and WHEREAS, the donation of professional training and networking opportunities makes it possible for staff and elected officials to put forth innovative problem-solving techniques for the City and its residents in a fiscally responsible manner. NOW, THEREFORE, BE IT RESOLVED that the City Council for the City of Golden Valley: 1. Accepts an in-kind donation from Armetha Pihlstrom of Pihlstrom Consulting Group of $250 for one round-trip airline ticket from Minneapolis-St. Paul to Houston, Texas on Delta Airlines. 2. Extends their heartfelt gratitude to Armetha Pihlstrom of Pihlstrom Consulting Group for their generous in-kind donation which will help elected officials attend a national conference filled with “empowering conversations, leadership development, mobile tours and a chance to connect with fellow local leaders”. Adopted by the City Council of Golden Valley, Minnesota this 15th day of July 2025. Roslyn Harmon, Mayor ATTEST: _______________________ Theresa Schyma, City Clerk 386 EXECUTIVE SUMMARY Community Development 763-512-2345 / 763-512-2344 (fax) Golden Valley City Council Meeting July 15, 2025 Agenda Item 4A. Public Hearing and First Reading of Ordinance No. 802 Establishing the Laurel Hill West Housing Improvement Area Prepared By Christine Costello, Housing & Economic Development Manager Summary In 2024, the Housing and Redevelopment Authority (HRA) in and for the City of Golden Valley adopted a Housing Improvement Area (HIA) Policy for the renovation of older common interest communities within Golden Valley. An HIA is governed by Minnesota Statutes, Section 428A.11 - 428A.21 (the HIA Act) and is a funding mechanism for townhome and condominium homeowner associations to finance common area improvements though the means of an owner-imposed special taxing district. Private banks are often unwilling or unable to finance common area improvements. HIA's are used when associations do not have enough reserve balance to address common area needs. Minnesota Statutes and the HIA Act require HIA's to be financing of the last resort. An HIA uses City-funded loans that enable a condominium or townhome association to complete the needed improvements in common areas of their development that they are otherwise unable to finance. Laurel Hill West is a 53-unit condominium building built in 1980. The Laurel Hill West Association had previously used their reserve funds to cover the cost of several other substantial emergency situations, and their reserve funds have dwindled down and they are no longer able to make repairs using only their reserve funds. The Association is now facing the need to make necessary common area improvements that include: Roof replacement Elevator upgrade Transformer and electrical fixes Window replacement Entry bridge, stoops, and railing Asphalt, curbing, and catch basins in parking lot area The roof was last replaced in 1997 and patching the roof is no longer a viable option. The elevator is original and parts for repair are difficult to find. Some of the elevator functions no longer meet code. In addition, one of the two transformers that serve the building has settled and is breaking the below- grade conduit. Water is leaking into the electrical box area. The wood windows are also original to the building and the plastic cladding is cracking and moisture is getting into the wood structural framing of the windows. The entry bridge to the front door is supported by wood timbers which are failing, and 387 the slab is shifting creating a tripping hazard. Lastly, the parking lot is original to the building and is beginning to fail with many broken curbs and potholes. This has altered the drainage pattern and created ponding in the parking lot. The estimated repair costs are approximately $2.842 million. The Association has some reserve funds on hand to cover a small portion of the project and has attempted to obtain private financing from local financial institutions. However, all their requests were denied. This is a common problem with condominium and townhome developments that seek financing for major improvement projects. Since condominium associations typically only own the common areas of a building(s) and not any of the individual condominium units, private lenders often find that there is insufficient collateral for them to fully finance these types of projects. Therefore, the Association has made a formal HIA application to the City. The City's financial advisor Ehlers has reviewed the application and found it to be feasible for both the City and the Association. As part of the formal application seeking HIA financing assistance from the City, the Association filed a petition with the City. The petition must be signed by the owners of at least 50% of the units. However, Golden Valley's HIA Policy requires that at least 60% of the owners must sign a petition. For the Laurel Hill West Association, 47 units (88.7%) of the 53 units have signed the required petition. Public hearing notices have been sent to all of the homeowners in the Association. The second reading of the ordinance and adoption of the fee resolution are scheduled to appear at the August 6th City Council meeting. The ordinance and fee resolution become effective after a 45-day waiting period, during which time the requests for assistance may be withdrawn if the owners of at least 45% of the units file a written objection. At the appropriate time, the City will also enter into an agreement with the Association. A summary of the ordinance and the resolution and notice of the objection period will be mailed to each unit owner within five days of the City Council approval of the ordinance and the resolution, respectively. The timeline for next steps in the HIA process for the Association: Action Date Second Reading of an Ordinance Establishing the Laurel Hill West Housing Improvement Area August 6, 2025 Adopt Resolution Approving the Laurel Hill West Housing Improvement Fee August 6, 2025 City Council - Call for the Sale of the Bonds August 6, 2025 Veto Period Starts August 7, 2025 Mail Ordinance and Fee Resolution to owners including veto period and prepay periods August 8, 2025 Publish ordinance in Sun Post newspaper August 14, 2025 Veto Period Ends September 20, 2025 388 City Council Consideration of Development Agreement October 7, 2025 Action Date Financial or Budget Considerations The Association submitted to the City a financial plan prepared by an independent third party. The financial plan detailed how the Association would finance the maintenance and operation of the common area elements as well as the long-range plan to conduct and finance capital improvements. The total estimated costs of the housing improvements are approximately $3.4 million and without the designation of the Laurel Hill West housing Improvement Area, the housing units would not be able to be maintained and preserved. The financing of the housing improvements with the proceeds of bonds to be issued by the City will be repaid by a housing improvement fee imposed on housing unit owners for no greater than 20 years. The housing improvement fee is based on the cubic footage per unit. Housing unit owners can prepay but and any fees not prepaid will include interest and annual bond administrative costs. If not prepaid the Housing Improvement Fee shall be payable in equal annual installments extending over a period of 20 years, the first of the installments to be payable in calendar year 2026. The estimated annual fee imposed on each of the housing units is shown in the “Total Annual Fee (105%) With Annual Bond Fees” column of the table below: Percentage Interest Owned Unit #'s Total Costs (Before Bond Sale) Annual Fee (105% of Total Costs) Total P & I Paid Per Unit (105%) - Non prepaid only Annual Bond Fees Total Annual Fee (105%) With Annual Bond Fees 1.6562% 102, 105-110, 113-116, 201, 202, 205-210, 213-216 $51,342.20 $4,994 $99,883 $17 $5,011 2.1643% 103, 104, 111, 112, 117, 118, 203, 204, 211, 212, 217, 218 $67,093.30 $6,526 $130,525 $22 $6,548 1.8253% 301, 302, 305-310, 313- 316 $56,584.30 $5,504 $110,081 $19 $5,523 2.3387%303, 304, 311, 312, 317, 318 $72,499.70 $7,052 $141,043 $24 $7,076 Public notices were sent in accordance with Minnesota State Statute HIA Act and City notification policy. The public hearing notice provided the estimated cost of improvements to be approximately $3.76 million which included the construction costs, administrative costs, soft costs, and financing costs for the project. After the notice went out the amounts were further refined, and the total cost of 389 improvements were adjusted. The amount is a maximum budget and a maximum fee. If the costs are less, the homeowners will be assessed the lower amount. Any contingency amount the Association receives will only be able used for the following: Restructure and renovate balconies Replace exterior lighting including site lighting Replace patio and replace stair to patio with handicap ramp Make repairs to masonry facade Repair and paint garage walls Replace summer boiler Legal Considerations Legal has prepared and reviewed the ordinance and fee resolution for the Association. Equity Considerations Assisting the Laurel Hill West Association with improvements to their building and site will continue to preserve an affordable housing option in the community. It also promotes the inclusion of diverse housing options in the city by maintaining quality housing stock for households with a variety of income levels, ages, and sizes. Recommended Action Conduct and close public hearing. Motion to approve first reading of Ordinance No. 802 establishing the Laurel Hill West Housing Improvement Area. Supporting Documents Ordinance No. 802 - Establishing the Laurel Hill West Housing Improvement Area Information Only - Laurel Hill West HIA Fee Resolution 390 4923-3533-0377.4 CITY OF GOLDEN VALLEY, MINNESOTA ORDINANCE NO. 802 AN ORDINANCE ESTABLISHING LAUREL HILL WEST HOUSING IMPROVEMENT AREA The City Council (the “City Council”) of the City of Golden Valley, Minnesota (the “City”) hereby ordains: Section 1. Recitals. 1.01. The City is authorized under Minnesota Statutes, Sections 428A.11 to 428A.21, as amended (the “HIA Act”), to establish by ordinance a housing improvement area within which housing improvements are made or constructed and the costs of such improvements are paid in whole or in part from fees imposed within the area. 1.02. The City Council (the “Council”) has adopted a Housing Improvement Area Policy (the “HIA Policy”). 1.03 The City has determined a need to establish the Laurel Hill West Housing Improvement Area as further defined herein (the “Laurel Hill HIA”), in order to facilitate certain improvements to property known as the “Laurel Hill West Condominium,” all in accordance with the HIA Policy and the HIA Act. 1.04. The City has consulted with the Laurel Hill West Condominium Association (the “Association”) and with residents in the Laurel Hill HIA regarding the establishment of such area and the housing improvements to be constructed and financed under this ordinance. Section 2. Findings. 2.01. The City Council finds that owners of more than 86% of the housing units within the Laurel Hill HIA (which exceeds the requirement for owners of at least 50% of the housing units pursuant to Section 428A.12 of the HIA Act and the requirement for owners of at least 60% of the housing units pursuant to the HIA Policy) have filed a petition with the City Clerk requesting a public hearing regarding establishment of such housing improvement area. 2.02. On July 15, 2025, the City Council conducted a public hearing, duly noticed in accordance with the HIA Act, regarding adoption of this ordinance at which all persons, including owners of property within the Laurel Hill HIA were given an opportunity to be heard. 2.03. The City Council finds that, without establishment of the Laurel Hill HIA, the Housing Improvements (as hereinafter defined) could not be made by the Association or the housing unit owners. 391 Ordinance No. 802 - 2 - August 6, 2025 4923-3533-0377.4 2.04. The City Council further finds that designation of the Laurel Hill HIA is needed to maintain and preserve the housing units within such area. 2.05. For the purpose of providing full disclosure of public expenditures and financing arrangements for the Laurel Hill HIA (as required under Section 428A.13, subd. 1a(1) of the HIA Act), the City Council determines that the City expects to finance the Housing Improvements with the proceeds of bonds to be issued by the City which will be repaid by a housing improvement fee imposed on unit owners within the Laurel Hill HIA the terms of which are set forth in that certain Resolution Approving a Housing Improvement Fee for Laurel Hill West Housing Improvement Area to be considered by the Council on the date hereof. 2.06. In accordance with Section 428A.13, subd. 1a(2) of the HIA Act, the City Council determines that the Association will contract for construction of the Housing Improvements. 2.07 The Council finds that the Laurel Hill HIA satisfies all of the approval criteria contained in the HIA Policy (listed in Section III thereof), including the criteria that a majority of the owners within the Association support the project and the Housing Improvement Area financing and that the Laurel Hill HIA satisfies at least one of the goals in Section II of the HIA Policy. Section 3. Housing Improvement Area Defined. 3.01. The Laurel Hill HIA is hereby defined as the area of the City including the following property addresses: 6051 Laurel Avenue (including units 102 through 318). 3.02. The Laurel Hill HIA contains 53 housing units as of the date of adoption of this ordinance, along with common areas. Section 4. Housing Improvements Defined. 4.01. For the purposes of this ordinance and the Laurel Hill HIA, the term “Housing Improvements” shall mean improvements to common areas within the Laurel Hill HIA including without limitation: Replacement of the main entry pavement and rear driveway Construction or replacement of curbing Roof repair Replacement of windows in living units Installation of catch basin and subsurface drainage Elevator renovation and replacement of equipment Replacement of the entry bridge, railing, steps and stoop Repair of the electrical transformer concrete slab 4.02. Housing Improvements shall also be deemed to include: 392 Ordinance No. 802 - 3 - August 6, 2025 4923-3533-0377.4 (a) all costs of architectural and engineering services, overhead, and all similar soft costs in connection with the activities described in Section 4.01 hereof, including without limitation costs of a professional construction manager. (b) all administration, legal and consultant costs in connection with the Laurel Hill HIA; and (c) costs of financing the Housing Improvements under the HIA Act. Section 5. Housing Improvement Fee. 5.01. The City may, by resolution adopted in accordance with the petition (the “Fee Resolution”), hearing and notice procedures required under the HIA Act, impose a fee on the housing units within the Laurel Hill HIA, at a rate, term or amount sufficient to produce revenues required to provide the Housing Improvements (the “Housing Improvement Fee”), subject to the terms and conditions set forth in this Section. The City intends to adopt such a resolution imposing the Housing Improvement Fee on August 6, 2025 (the “Fee Resolution”). 5.02. Any Housing Improvement Fee shall be allocated based on cubic footage per unit as prescribed in the Laurel Hill West Amended and Restated Declaration, dated August 21, 2023, as amended (the “Declaration”). 5.03. The Housing Improvement Fee shall be imposed and payable for a period no greater than 20 years after the first installment is due and payable. 5.04. Any Housing Improvement Fee shall be prepayable as specified in the Fee Resolution. 5.05. The Fee Resolution may provide that any fee not prepaid by the housing unit owner shall be deemed to include interest on unpaid Housing Improvements costs at a rate equal to 6.76% plus annual bond administrative costs. 5.06. The Housing Improvement Fee shall be collected at the same time and in the same manner as provided for payment and collection of ad valorem taxes, in accordance with Section 428A.15 of the HIA Act and Minnesota Statutes, Section 428A.05. As set forth in Section 428A. 14, subd. 2 of the HIA Act, the Housing Improvement Fee is not included in the calculation of levies or limits on levies imposed under any law or charter. 5.07. The Housing Improvement Fee shall not exceed the amount specified in the notice of public hearing regarding the approval of such fee; provided, however, that the Housing Improvement Fee may be reduced after approval of the Fee Resolution, in the manner specified in such resolution. 5.08. In accordance with Section 428A.20 of the HIA Act, any portion of the Housing Improvement Fee not prepaid in accordance with the Fee Resolution will be specially assessed 393 Ordinance No. 802 - 4 - August 6, 2025 4923-3533-0377.4 against each unit based on the amount set forth in the “Total Annual Fee (105%) With Annual Bond Fees” column of the table set forth in Section 1.03 of the Fee Resolution. Section 6. Annual Reports. 6.01. On August 15, 2025 and each August 15 thereafter until the Housing Improvement Fee and all interest thereon is paid in full and all Housing Improvement Fee revenues have been expended, the Association (and any successor in interest) shall be required to submit to the City, as the implementing entity, a copy of the Association’s audited financial statements. 6.02. The Association (and any successor in interest) shall also submit to the City any other reports or information at the times and as required by any contract entered into between that entity and the City. Section 7. Notice of Right to File Objections. 7.01. Within 5 days after the adoption of this ordinance, the City Clerk is authorized and directed to mail to the owner of each housing unit in the Laurel Hill HIA: (a) a summary of this ordinance; (b) notice that owners subject to the proposed Housing Improvement Fee have a right to veto this ordinance if owners of at least 45% of the housing units within the Laurel Hill HIA file an objection with the City Clerk before the effective date of this ordinance; and (c) notice that a copy of this ordinance is on file with the City Clerk for public inspection. Section 8. Amendment. 8.01. This ordinance may be amended by the City Council upon compliance with the public hearing and notice requirements set forth in Section 428A.13 of the HIA Act. Section 9. Effective Date. 9.01. This ordinance shall be effective 45 days after adoption hereof, or on the date of publication of this ordinance, whichever is later, subject to the veto rights of housing unit owners under Section 428A.18 of the HIA Act. Adopted by the City Council of Golden Valley, Minnesota this 6th day of August, 2025. _____________________ Roslyn Harmon, Mayor ATTEST: Theresa Schyma, City Clerk 394 4901-5304-7113.4 CITY OF GOLDEN VALLEY, MINNESOTA RESOLUTION NO. #2025-_____ APPROVING A HOUSING IMPROVEMENT FEE FOR LAUREL HILL WEST HOUSING IMPROVEMENT AREA WHEREAS, the City of Golden Valley, Minnesota (“City”) is authorized under Minnesota Statutes, Section 428A.11 to 428A.21, as amended (the “HIA Act”), to establish by ordinance a housing improvement area within which housing improvements are made or constructed and the costs of such improvements are paid in whole or in part from fees imposed within the area; WHEREAS, the City Council (the “Council”) has adopted a Housing Improvement Area Policy (the “HIA Policy”); WHEREAS, by ordinance adopted by the City Council of the City (the “City Council”) on August 6, 2025 (the “Enabling Ordinance”), the City Council established the Laurel Hill West Condominium Association Housing Improvement Area (the “Laurel Hill HIA”) in order to facilitate certain improvements to property known as the “Laurel Hill West Condominium”, all in accordance with HIA Policy and the HIA Act; WHEREAS, Owners of approximately 86% of the housing units within the Laurel Hill HIA (which exceeds the requirement for owners of at least 50% of the housing units pursuant to Section 428A.12 of the HIA Act and the requirement for owners of at least 60% of the housing units pursuant to the HIA Policy) have filed a petition with the City Clerk requesting a public hearing regarding imposition of a housing improvement fee for the Laurel Hill HIA; WHEREAS, on July 15, 2025, the City Council conducted a public hearing, duly noticed in accordance with the HIA Act, regarding adoption of this resolution (the “Resolution”) and the Enabling Ordinance at which all persons, including owners of property within the Laurel Hill HIA, were given an opportunity to be heard; WHEREAS, prior to the date hereof, Laurel Hill West Condominium Association (the “Association”) has submitted to the City a financial plan prepared by an independent third party, acceptable to the City and the Association, that provides for the Association to finance maintenance and operation of the common elements in the Laurel Hill HIA and a long-range plan to conduct and finance capital improvements therein, all in accordance with Section 428A.14 of the HIA Act and the HIA Policy; WHEREAS, the Council finds that the Laurel Hill HIA satisfies all of the approval criteria contained in the HIA Policy (listed in Section III thereof), including the criteria that a majority of the owners within the Association support the project and the Housing Improvement Area financing and that the Laurel Hill HIA satisfies at least one of the goals in Section II of the HIA Policy; 395 4901-5304-7113.4 2 WHEREAS, for the purposes of this Resolution, the term “Housing Improvements” has the meaning provided in the Enabling Ordinance; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF GOLDEN VALLEY, MINNESOTA as follows: Section 1. Housing Improvement Fee Imposed. 1.01. The total estimated costs of the Housing Improvements are approximately $3,400,000 a portion of which, in the amount of approximately $3,100,000, is proposed to be paid for by the fee imposed hereby. The City hereby imposes a fee on each housing unit within the Laurel Hill HIA (the “Housing Improvement Fee”) in the amount shown in the table in Section 1.03 below (plus interest plus annual bond administrative costs as provided in Section 1.03 hereof). The total costs of the Housing Improvements are allocated based on cubic footage per unit as prescribed in the Laurel Hill West Amended and Restated Declaration, as amended, and the Council finds that such basis is basis for the Housing Improvement Fee is fair and reasonable. 1.02. The owner of any housing unit against which the Housing Improvement Fee is imposed may, at any time between August 6, 2025 (the effective date of this Resolution) and September 22, 2025 pay the total Housing Improvement Fee imposed against such housing unit to the City Finance Director, in full, without interest thereon. To prepay in full, the amount due is shown in the “Total Costs (Before Bond Sale)” column of the table in Section 1.03 below. Any Housing Improvement Fee not prepaid by September 22, 2025 shall not thereafter be pre-payable, but instead shall be paid only in accordance with Section 1.03 hereof. 1.03. If not prepaid in accordance with Section 1.02 hereof, the Housing Improvement Fee shall be payable in equal annual installments extending over a period of 20 years, the first of the installments to be payable in calendar year 2026, which annual payment shall be deemed to include interest on the unpaid Housing Improvement Fee at a rate not to exceed 6.76% accruing from September 22, 2025 plus annual bond administrative costs. The estimated annual fee imposed on each of the housing units is shown in the “Total Annual Fee (105%) With Annual Bond Fees” column of the table below. 396 4901-5304-7113.4 3 1.04. Unless prepaid in accordance with Section 1.02 hereof, the Housing Improvement Fee shall be payable at the same time and in the same manner as provided for payment and collection of ad valorem taxes, as provided in Section 428A.15 of the HIA Act and Minnesota Statutes, Section 428A.05. Section 2. Notice of Right to File Objections. 2.01. Within 5 days after the adoption of this Resolution, the City Clerk is authorized and directed to mail to the owner of each housing unit in the Laurel Hill HIA (a) a summary of this Resolution; (b) notice that owners subject to the Housing Improvement Fee have a right to veto this Resolution if owners of at least 45% of the housing units within the Laurel Hill HIA file a written objection with the City Clerk before the effective date of this Resolution; and (c) notice that a copy of this Resolution is on file with the City Clerk for public inspection. Section 3. Effective Date. 3.01. This Resolution shall be effective 45 days after adoption hereof, subject to (a) the veto rights of housing unit owners under Section 428A.18 of the HIA Act; and (b) execution in full of a development agreement between the City and the Association providing for construction of the Housing Improvements. Section 4. Filing of Housing Improvement Fee. 4.01 After August 6, 2025, the effective date of this Resolution, the City Clerk shall file a certified copy of this Resolution to the Hennepin County Director of Taxation to be recorded on the property tax lists of the county. The foregoing resolution was introduced by Council Member ____ and duly seconded by Council Member ___. The following Council Members voted in favor of the resolution: _______. The following Council Members voted against the resolution: _______. The following Council Members were absent: _______. Whereupon the resolution was adopted. ADOPTED: August 6, 2025 Mayor City Clerk 397 EXECUTIVE SUMMARY Legal 763-512-2345 / 763-512-2344 (fax) Golden Valley City Council Meeting July 15, 2025 Agenda Item 6A. Review of Council Calendar Prepared By Theresa Schyma, City Clerk Summary The Council will review upcoming city meetings, events, and holiday closures. Legal Considerations This item does not require legal review. Equity Considerations This item does not require equity review. Recommended Action No action is required on this item. Supporting Documents Review of Council Calendar 398 Review of Council CalendarEventEvent TimeLocationJULYSunday, July 20Market in the Valley9:00 AM - 1:00 PMCity Hall CampusTuesday, July 22Golden Valley Business Connections8:00 AM - 9:30 AMAAA, 5400 Auto Club WayFriday, July 25Penny Carnival12:30 PM - 2:00 PMBrookview ParkSunday, July 27Market in the Valley9:00 AM - 1:00 PMCity Hall CampusAUGUSTSunday, August 3Market in the Valley9:00 AM - 1:00 PMCity Hall CampusTuesday, August 5National Night Out6:00 PM - 9:00 PMVarious Locations/In-PersonWednesday, August 6HRA Meeting6:30 PMCouncil ChambersCity Council Meeting6:30 PMCouncil ChambersSunday, August 10Market in the Valley9:00 AM - 1:00 PMCity Hall CampusTuesday, August 12HRA Work Session (if necessary)6:30 PMCouncil Conference RoomCouncil Work Session6:30 PMCouncil Conference RoomSunday, August 17Market in the Valley9:00 AM - 1:00 PMCity Hall CampusTuesday, August 19City Council Meeting6:30 PMCouncil ChambersSunday, August 24Market in the Valley9:00 AM - 1:00 PMCity Hall Campus399