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09-09-21 City Council Agenda REGULAR MEETING AGENDA City Council meetings are being conducted in a hybrid format with in-person and remote options for attending, participating, and commenting. The public can make statements in this meeting during public comment sections, including the public forum beginning at 6:20 pm. Remote Attendance/Comment Options: Members of the public may attend this meeting by watching on cable channel 16, streaming on CCXmedia.org, streaming via Webex, or by calling 1- 415-655-0001 and entering access code 133 549 5847. Members of the public wishing to address the Council should call 763-593-8060. 1. Call to Order A. Pledge of Allegiance Pages B. Roll Call C. Presentation of a Certificate of Recognition to Alexandra Wilcox for Winning the Title of 2021 National American Miss Minnesota Jr. Pre-Teen 3-7 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. A. Approval of Minutes 1. Special City Council Meeting (Interviews) – August 17, 2021 8 2. Special City Council Closed Executive Session – August 17, 2021 9 B. Approval of City Check Register 10 C. Boards, Commissions, and Task Forces: 1. Receive and File Meeting Minutes – Environmental Commission – July 26, 2021 11-14 2. Accept Resignation from the Human Services Commission 15 3. Board/Commission Appointments 16 D. Bids, Quotes, and Contracts: 1. Authorize Agreement for Vertical Leveling (Survey Benchmarks) with Bolton & Menk, Project #21-26 17-79 2. Approve Purchase of a Trash Compactor from ABM Equipment & Supply 80-82 3. 2023 Pavement Management Program a. Authorize Preparation of Feasibility Report, Resolution No. 21-64 b. Authorize Professional Services Agreement with Short Elliot Hendrickson, Inc. 83-110 September 9, 2021 – 6:30 pm Hybrid Meeting City of Golden Valley City Council Regular Meeting September 9, 2021 – 6:30 pm 2 4. Approve Resolution No. 21-65 Relating to the Financing of City’s 2023 Pavement Management Program 111-113 5. Authorize Agreement for Professional Services for the Design and Coordination of Quite Zone Medians on Douglas Drive at the Canadian Pacific Railroad Crossing with WSB Engineering 114-131 E. Grants and Donations: 1. Approve Resolution No. 21-66 Accepting $10,390 Play Structure Equipment Credit Grant from the GameTime Cares Grant Program for South Tyrol Park 132-134 2. Approve Resolution No. 21-67 Accepting Donation from Kate Richardson, in the name of John Michael “Mike” Richardson 135-136 3. Approve Resolution No. 21-68 Accepting Donation from Ronald and Mary Werft in the name of retired firefighter Bernie Vrona 137-138 F. Adopt Resolution No. 21-69 to Order Feasibility Study for Streetlight District for Regent Avenue North and Minnaqua Drive 139-141 4. Public Hearing A. Formal Public Hearing – Preliminary Plan for Golden Valley Country Club Villas, 7001 Golden Valley Road – PUD No. 126 142-205 5. Old Business 6. New Business All Ordinances listed under this heading are eligible for public input. A. Review of Council Calendar 206 B. Mayor and Council Communications 1. Other Committee/Meeting updates 7. Adjournment Golden Valley City Council Meeting September 9, 2021 Agenda Item 1. C. Presentation of a Certificate of Recognition to Alexandra Wilcox for Winning the Title of 2021 National American Miss Minnesota Jr. Pre-Teen Prepared By Tim Cruikshank, City Manager Summary In August, Golden Valley resident Alexandra Wilcox won the state title of 2021 National American Miss Minnesota Jr. Pre-Teen. The National American Miss Program encourages young women to showcase their inner beauty through personality, confidence, and communication. Contestants also participate in various community service projects while learning life-long skills. She will continue to represent Minnesota at the national pageant competition in Florida at the end of November. Alexandra will perform her speech “Liberty and Justice for ALL” that raises awareness of cultural diversity. The Golden Valley City Council would like to present a certificate of recognition to eight year-old Alexandra Wilcox for her state title and wish her good luck at the national competition in November. Supporting Documents • Certificate of Recognition (1 page) • Press Release (2 pages) • Liberty and Justice for ALL (1 page) CITY OF GOLDEN VALLEY ~ CERTIFICATE OF RECOGNITION ~ Alexandra Wilcox The Golden Valley City Council officially recognizes eight year-old Golden Valley resident Alexandra Wilcox for winning the state title of 2021 National American Miss Minnesota Jr. Pre-Teen. Her speech titled “Liberty and Justice for ALL” shows wisdom beyond her years with her commitment to celebrating cultural diversity, encouraging tough conversations, and being a persistent and strong voice in the fight against racism, discrimination, and violence. The City Council thanks Alexandra Wilcox for representing the community so thoughtfully at such a young age and wish her the best of luck in Florida at the national competition this November. Signed and affixed with the seal of the City this 9th day of September, 2021. _________________________ Shepard M. Harris, Mayor Media Advisory FOR IMMEDIATE RELEASE Alexandra Wilcox Won the Title of 2021 National American Miss Miss Minnesota Jr. Pre-Teen Alexandra Wilcox, 8 years old, daughter of Bill and Elizabeth Wilcox of Golden Valley, has earned the prestigious title of 2021 National American Miss Minnesota Jr. Pre-Teen at the state pageant held on August 6-8, 2021 at Middleton, Wisconsin. She will be attending the National Pageant to be held in Orlando, Florida at Disneyworld during Thanksgiving week, representing the great state of Minnesota, where she will have the opportunity to win her share of over $500,000 in cash and prizes! In addition to winning the state title, Alexandra also won Runway Modeling, Top Model Search, Red Carpet Correspondent, and Best Thank You Note. She placed 1st Runner- ups on Spokesmodel, Casual Wear Modeling, and Most Promising Model. The National American Miss Pageant is dedicated to celebrating America’s greatness and encouraging its future leaders. Each year, the National American Miss Pageant awards 1.5 Million dollars in cash, scholarships, and prizes to recognize and assist the development of young women nationwide. National American Miss is dedicated to developing the success of young women across our nation with a program that is designed to be age-appropriate and family-oriented. Pageants are held in each state for girls ages four to eighteen in five different age divisions. The pageant program is based on inner beauty, as well as poise and presentation. Emphasis is placed on the importance of gaining self-confidence, learning new skills, learning good attitudes about competition, and setting and achieving personal goals. Alexandra’s sponsors for the pageant were: Rhinestones Unlimited, Calina’s Professional Tailor & Seamstress, family and friends. For more information and to request an interview, contact: Elizabeth Wilcox, mother of Alexandra Email: allieyaxinwilcox@gmail.com About Alexandra Wilcox Alexandra “Allie” Wilcox is the golden girl of Golden Valley, Minnesota, and her personality really shines when she gets to share her talents with a crowd. In addition to public speaking through pageantry she has loved using her voice to teach others about her Chinese heritage and the cultural importance of Chinese New Year. Of course, using her voice is helped by the fact that she is fluent in two languages—English and Chinese—and she’s getting pretty good in Spanish too, which she studies in school. Allie has always loved giving musical performances, from church choir when she was younger to piano performances in recitals and in her chapel at school. Her love of music also plays a key role in her Latin dance and figure skating performances, and she has won multiple first place awards in both types of competitions, with grace and flair that definitely gets notices by the judges. Golden girl Allie is also a gold medal winner in chess, where her opponents quickly learn to fear this pageant queen’s gambits. Allie’s love of performances and competitions is matched by her love of reading. Ever since she stunned her parents by suddenly reading restaurant menus to them at three years old, she has been a voracious reader. Whether it’s C.S. Lewis, the encyclopedia, dragon stories, adventure stories, fantasy books, joke books, the Bible, or even economics books, Allie dives in to them, is engrossed by them, and goes through them in record speed. There’s a reason her teacher has referred to Allie as “the class Google”; she reads about everything, and when she reads about something she retains it. She even became a #1 bestselling author on Amazon after she co-authored and published a book called Road To The Crown. In connection with her love of books, Allie is currently developing a cultural literacy program called Allie’s Books for Cultures (“ABC”), with the hopes of raising kids’ awareness of cultural diversity while promoting reading and literacy. Allie excels in every subject at school and loves learning; she would go to school seven days a week if they would let her. Allie loves to travel, and has had a great time visiting the lands of her ancestors (China, Iceland, and Canada) and on trips across the United States. Allie enjoys modelling and acting, and hopes to do more of both in the future, and in the long term wants to be a nature photographer who blogs cultures of places she visits. Learn more and connect with Alexandra on Instagram @thealliealexandra Liberty and Justice for ALL Our country is made up of beautiful colors and we have the freedom to celebrate the history, culture, and traditions of the many people that make it what it is today. But…. at a time when the Asian community is fighting increased hate, young voices are inspiring others to speak up and take a stand against racism, discrimination and violence. Young voices like 13-year-old Ashlyn’s. She was on the basketball court one day when a 2nd grader ------made a racist comment about her Asian heritage. So, she organized a rally in her town to stop the hate ---- and over 300 people marched alongside her. And young voices like mine. My new book series will increase kids' awareness of cultural diversity. I am proud of my Chinese/Icelandic heritage and like Ashlyn, I want everyone, ---- especially children to be educated-- because education is the key to understanding others and the world we live in. Education is also the beginning of having tough conversations that we as kids need to hear. Even though we are young, we can make a difference. We can be the generation that breaks the cycle of intolerance, injustice, and fear, and uplift the nation to one of true liberty and justice for ALL. SPECIAL CITY COUNCIL MEETING MINUTES Present: Mayor Pro Tempore Sanberg, Council Members Larry Fonnest, Maurice Harris, and Gillian Rosenquist Staff present: City Manager Cruikshank and Executive Assistant Tara Olmo 1. Commissioner Interviews The Golden Valley City Council interviewed the following candidates for appointments to various boards and commissions: Jonathan Kim Elizabeth Andress 2. Adjournment The Council adjourned by unanimous consent at 5:45 pm. ________________________________ Kimberly Sanberg, Mayor Pro Tempore ATTEST: _________________________________ Tara Olmo, Executive Assistant August 17, 2021 – 5:15 pm Council Chambers Golden Valley City Hall 7800 Golden Valley Road SPECIAL CITY COUNCIL CLOSED EXECUTIVE SESSION MINUTES 1. Call to Order Mayor Pro Tempore Sanberg called the meeting to order at 5:51 pm. Present: Mayor Pro Tempore Kimberly Sanberg, Council Members Larry Fonnest, Maurice Harris, and Gillian Rosenquist Absent: Mayor Shep Harris Staff present: City Manager Cruikshank, Physical Development Director Nevinski, City Engineer Oliver, and City Attorney Cisneros 2. Closed Session to Discuss Litigation Strategies in the Case Titled In Re Municipal Stormwater Pond (Case No. 18-cv-3495) This meeting was closed as permitted by Minn. Stat. § 13D.05 for the purpose of discussing litigation strategies in the above referenced ongoing litigation. 3. Adjournment The Closed Executive Session was adjourned by unanimous consent at 6:00 pm. ________________________________ Kimberly Sanberg, Mayor Pro Tempore ATTEST: _________________________________ Theresa J. Schyma, City Clerk August 17, 2021 – 5:45 pm Manager’s Conference Room Golden Valley City Hall 7800 Golden Valley Road Golden Valley City Council Meeting September 9, 2021 Agenda Item 3. B. Approval of City Check Register Prepared By Sue Virnig, Finance Director Summary Approval of the check register for various vendor claims against the City of Golden Valley. Financial Or Budget Considerations The check register has a general ledger code as to where the claim is charged. At the end of the register is a total amount paid by fund. Recommended Action Motion to authorize the payment of the bills as submitted. Supporting Documents Document is located on city website at the following location: http://weblink.ci.golden-valley.mn.us/WebLink/Browse.aspx?id=876916&dbid=0&repo=GoldenValley The check register for approval: • 08-20-21 Check Register REGULAR MEETING MINUTES Remote Attendance: Members of the public may attend this meeting via Webex by calling 1-415-655- 0001 and entering access code 177 393 4642. Questions/Comments: Members of the public who have questions about the commission or any items on the agenda should contact the staff commission liaison – Eric Eckman, Environmental Resources Supervisor, eeckman@goldenvalleymn.gov, 763-593-8084. 1. Call to Order The meeting was called to order by Chair Weirich at 6:34. 2. Roll Call Commissioners present: Scott Seys, Tonia Galonska, Dawn Hill, Shannon Hansen, Wendy Weirich, Jim Stemel, Debra Yahle Commissioners absent: Felix Fettig Council Members present: Larry Fonnest Staff present: Eric Eckman, Environmental Resources Supervisor; Story Schwantes, Green Corp Member; Carrie Nelson, Administrative Assistant. 3. Approval of Agenda MOTION by Commissioner Hill, seconded by Commissioner Stremel to approve the agenda for July 26, 2021 and the motion carried. 4. Approval of June 28, 2021 Regular Meeting Minutes MOTION by Commissioner Seys, seconded by Commissioner Galonska to approve the minutes of June 28, 2021 as submitted and the motion carried. 5. Old Business A. EC/HRC Climate Justice Collaboration i. The HRC is merging with the Rising TIDES Task Force to create the Diversity, Equity, and Inclusion Commission (DEIC). The first meeting of the DEIC was July 27. ii. We are looking at the Hwy 55 West Redevelopment Area corridor near Golden Valley Rd, West of Decatur Ave. for a collaborative planting project. 1. Staff reached out to the ownership of the Trentwood Apartments to see if they are interested in partnering. They have at least 5 ash trees marked for EAB removal. They are interested. Staff will continue to work on this. 2. Staff will reach out to more owners in the area for interest in partnering with us. July 26, 2021 – 6:30 pm City of Golden Valley Environmental Commission Regular Meeting June 28, 2020 – 6:30 pm 2 3. Narrow right-of-way in this area so we will have to partner with owners and residents. B. Partners in Energy Update i. Staff has been working with the Environmental Commission and the Partners in Energy Team on the following items: 1. Energy Cost Burden and Residential Energy Efficiency 1. Low income flyers to be distributed through various means & methods to advertise energy assistance programs. 2. Staff will reach out to PRISM, Cooling Centers, Library, Health Centers, and Brookview Community Center. 3. The website has been updated and postings have been made on social media. 4. City Council approved the Home Energy Squad visits. 2. Renewable (solar) Energy 1. Checklist for renewable energy resources added to website and information has been included in social media posts. 2. Staff looking into rebates, tax credits, and possible payback period for solar install. 3. A flyer was created for in person events. 3. Business Energy Efficiency. 1. Staff and Xcel will present the Energy Action Plan and programs at business organization meetings, STAR programs meeting and more. C. GreenStep Cities Update i. Areas currently being tracked by the City: Core topic areas • Transportation Modes and Miles • Open Space, Parks, and Trees • Stormwater • Wastewater • City Buildings and Lighting • Renewable Energy • Land Use Optional topic areas • City Fleets • Infrastructure for Biking and Walking • Car, Transit, and Bike Options • Surface Water • Green Buildings ii. Potential new topic areas to consider. 1. Solid Waste – Recycling and Organics would also be included. We do have data we are already tracking for Hennepin County SCORE Grant, but not reporting to GreenStep Cities. Can look at including some of this information. 2. Local Food – Farmers Market, CSA’s, Community Gardens, etc 3. Jobs & Employment – Green businesses and green jobs City of Golden Valley Environmental Commission Regular Meeting June 28, 2020 – 6:30 pm 3 4. Drinking Water 5. Additional metrics the City would like to track (Social Vulnerability, Civic Participation, Livability Score, etc.) The Commission discussed and agreed to include solid waste, local food, and addition metrics (i.e. Partners in Energy and Home Energy Squad data) as part of the new topic areas to report on. The Commission also wondered if we could measure the difference the planting project at the Hwy 55 West Corridor makes. Staff mentioned this could be done with future tree equity mapping analyses. D. Stormwater Program – Rain Barrels Need to pre-order at least 60 barrels to participate. Barrels typically sell out fast. MOTION by Commissioner Stremel, seconded by Commissioner Hill to approve the Rain Barrel Program with 25% of the fee paid by the City and a limit of $2,000 in the 2022 budget and the motion carried. 6. New Business A. Commission Name Review i. Commission members discussed the current name as well as potential new names like St. Louis Park’s Environment and Sustainability Commission. While they generally like the current name and St. Louis Park’s name, they decided to let this item rest until the next time the changing of the by-laws comes around. This would be in the spring of 2022. B. Program/Project Updates i. The City approved a quote for a contractor to install a new EV Charger at Brookview Community Center. Install set for later this summer or early fall. ii. Hennepin County is proposing to build an Anaerobic Digestion facility by the Brooklyn Park Transfer Station. iii. Standard signage that talks about the establishment of native vegetation buffers will be put up at Georgia Pond Open Space. Maybe add a QR Code that links to more information for residents. C. Council Updates i. July 20 the Council had the first consideration of ordinances 718 and 719. These abolish the current Civil Service Commission and establish the Police Employment, Accountability, and Community Engagement Commission (PEACE). Will be before the council for the second consideration on August 4. D. Other Business i. Sprinkling restrictions are currently in place – Odd/Even Watering days. City of Golden Valley Environmental Commission Regular Meeting June 28, 2020 – 6:30 pm 4 7. Adjournment MOTION by Commissioner Hill, seconded by Commissioner Galonska to adjourn the meeting at 8:27 pm and the motion carried. ATTEST: ________________________________ _______________________________________ Carrie Nelson, Administrative Assistant Wendy Weirich, Chair Golden Valley City Council Meeting September 9, 2021 Agenda Item 3. C. 2. Accept Resignation from the Human Services commission Prepared By Tara Olmo, Assistant to the City Manager´s Office Summary Commissioner Jacob Rudeen has submitted his resignation from the Human Services Commission. Financial Or Budget Considerations Not applicable Recommended Action Motion to accept the resignation of Jacob Rudeen from the Human Services Commission. Golden Valley City Council Meeting September 9, 2021 Agenda Item 3. C. 3. Board/Commission Appointments Prepared By Tara Olmo, Assistant to the City Manager´s Office Summary Currently there are two vacancies on the City’s boards and commissions. Staff have advertised the openings and there are several interviews scheduled to find the right individual to serve on each commission. Human Services Commission Commissioner 3-year term Term expires- May 1, 2024 Planning Commission Commissioner 3-year term Term expires- May 1, 2024 Financial Or Budget Considerations Not applicable Recommended Action Motion to appoint individuals to vacancies on various City boards and commissions. G:\City Council agendas\Agenda Packets\2021\09-09-21\+-3D1 - Award Contract for Survey Benchmarks Update\3D1a - Benchmark Contract with Bolton & Menk.docx Golden Valley City Council Meeting September 9, 2021 Agenda Item 3. D. 1. Authorize Agreement for Vertical Leveling (Survey Benchmarks) Project #21-26 Prepared By Heather Hegi, GIS Specialist Eric Eckman, Environmental Resources Supervisor Summary The City has a survey benchmark system that consists of cast metal monuments, hydrants, and other permanent structures. The benchmarks include the location and precise vertical elevation of each structure. Citizens, contractors, engineers, surveyors, consultants, and staff utilize the benchmark information for the planning, design, and construction of developments, building additions, and infrastructure projects. Maintaining this system of vertical elevations is a required component of the City’s floodplain management program. In 2010, the City partnered with the Minnesota Department of Transportation (MnDOT) and the National Geodetic Survey to complete a comprehensive re-establishment of the City’s outdated benchmark system. The 2010 project created a credible, accurate, and reliable network of benchmarks that integrate into the City’s Geographic Information System (mapping system) and can be upgraded and adjusted in an efficient and cost-effective manner. After 10 years of change, including private developments and public infrastructure projects, staff identified several areas in the City where the benchmarks are obsolete and need to be surveyed. Consistent with the City’s Equity Plan, staff expanded its outreach to contractors beyond the Minnesota Uniform Certification Program (MnUCP) Directory. Staff solicited quotes from over 30 companies using networks and resources such as the MnUCP Directory, Meda, North Central Minority Supplier Development Council, Women’s Business Development Center-Twin Cities, and more. Quotes for the Vertical Leveling (Survey Benchmarks) Project #21-26 were received and reviewed on August 20, 2021. One quote was received and is listed below: Contractor Total Bid Bolton & Menk, Inc. $22,000 City Council Regular Meeting Executive Summary City of Golden Valley September 9, 2021 2 Staff reviewed the quote and found it to be accurate and in order. Staff recommends awarding the contract to Bolton & Menk, Inc. Financial Or Budget Considerations The City of Golden Valley 2021-2030 Capital Improvement Plan, Streets Section S-020, includes $50,000 in 2021 for updating the City’s vertical benchmark system. Recommended Action Motion to authorize the Mayor and City Manager to execute an agreement to update the City’s benchmark system with Bolton & Menk, Incorporated in the form approved by the City Attorney for the Vertical Leveling (Survey Benchmarks) Project #21-26 in the amount of $22,000. Supporting Documents • Benchmark Survey Map (11 pages) • Contract for Services with Bolton and Menk, Inc. (50 pages) G!. G!. G!. G!. G!. G!. G!.G!. G!.G!. G!. G!. G!. G!.G!.G!.G!. G!. G!. G!. G!.G!. G!.G!.G!. G!.G!. G!. G!.G!.G!. G!. G!.G!. G!. G!.G!. G!. G!. G!. G!. G!. G!. G!. G!. G!.G!. G!.G!. G!. G!. G!. G!. G!.G!. G!. G!.G!.G!. G!. G!.G!. G!.G!.G!.G!. G!. G!. G!. G!.G!.G!. G!. G!.G!.G!. G!. G!. G!. G!. G!. G!. G!. G!. G!. G!. G!.G!. G!. G!.G!. G!. G!.G!. G!.G!. G!. G!. G!.G!. G!. G!. G!. G!.G!. G!. G!. G!. G!.G!. G!. G!.G!.G!.G!.G!.G!. G!.G!. G!.G!. G!.G!. G!. G!. G!. G!.G!.G!. G!.G!. G!. G!.G!. G!. G!. G!. G!. G!. G!. G!. G!. G!. G!. G!.G!. G!. G!. G!. G!. G!. G!. G!. G!. G!. G!. G!.G!. G!.G!. 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G!. G!. G!. G!. G!. Area 2 Area 8 Area 1 Area 10 Area 7 Area 3 Area 6 Area 4 Area 9 Area 5 0 1,800 3,600900Feet IPrint Date: 6/4/2021Sources:-Hennepin County Surveyors Office for Property Lines (2021).-City of Golden Valley for all other layers. BenchmarkSurvey !(G!. Survey Elevation Needed(115) Index Previously Surveyed Post 2010, PublishedMonument 2010, Double-Run NGSLeveling 2010, Double-RunHydrant Leveling Single-Run HydrantLeveling G!.G!. G!. G!. G!. G!. G!. G!. G!. G!. G!. G!. G!. G!. G!. G!. G!. G!. G!. G!. G!. G!. G!. G!. G!. G!. G!. G!. G!. G!. G!. G!. G!.G!. G!. G!. G!. G!. G!.G!. G!. G!. G!. G!. G!. G!. G!. G!. G!. G!. G!.G!. G!.G!. G!. G!. G!. G!. G!. G!. G!. G!. G!. G!. NE 6 117 21 MN053 TBM 163 VERIC Western Ave State Hwy 55 Harold AveWinnetka Ave NRidgeway RdJersey Ave NLouisiana Ave NKelly DrGlenwoodAve O l s o n M e m o r i a l H w y K entuckyAveNEllisL n Rhode Island Ave NVarner CirHalfMoonDr JerseyAveSK i n g s t o n C irSchuller CirQuebec Av e SGarden ParkS t a t e H w y 5 5 GlenwoodAve H aroldAve Winnetka Ave N0 400 800200Feet Print Date: 5/28/2021Sources:-Hennepin County Surveyors Office for Property Lines (2021) & Aerial Photography (2020).-City of Golden Valley for all other layers. IBenchmark SurveyArea 1 Benchmarks !(Survey Elevation (10) Potential Survey Route 1.20 Miles Previously Surveyed 2010, Double-Run NGS Leveling (2) 2010, Double-Run Hydrant Leveling (1) Single-Run Hydrant Leveling (32) G!. G!. G!. G!. G!. G!. G!. G!. G!. G!. G!. G!. G!. G!. G!. G!. G!. G!. G!. G!. G!. G!. G!. G!. G!. G!. G!. G!. G!. G!. G!. G!. G!. G!. G!. G!. G!. G!. G!.G!. G!.G!. G!. G!. G!. G!. G!. G!. G!. G!. G!. G!. G!. G!.G!. G!. G!. G!. G!. G!.G!. G!. G!. G!.G!. G!. G!. G!. G!. G!. G!. G!. G!. G!. G!. G!. G!. G!. G!. G!. G!. G!. G!. G!. G!. G!. G!. G!. G!. G!. G!. G!. G!. G!. G!.G!. G!. G!. G!.G!. G!. G!.G!. TBM 163 VERIC GV 016Glenwood Ave S t a t e H w y 5 5 O l s o n M e m o r ia lH w y Western Ave Jersey Ave SEdgewood Ave NM e a n derRd Loring LnYosemi t eAveNJersey Ave NLouisiana Ave NDakota Ave SH a roldAve Cortlawn Cir SIdaho Ave NBrunswick Ave SColonial Rd Georgia Ave NWoodstock Ave Kentucky Ave SCutacross Rd CortlawnCirN Louisiana Ave SKe n tuckyAveNYosemit e CirKingHillRdKingCreekRdWest c hesterCirEdgewood Ave SHampshire Ave NPai s l e y L n K i n g s t o n C i r S ki Hill R d Florida CtHarold A v e S t a t e H w y 5 5 O l s o n M e m o r i a l H w y Idaho Ave N0 500 1,000250Feet Print Date: 5/28/2021Sources:-Hennepin County Surveyors Office for Property Lines (2021) & Aerial Photography (2020).-City of Golden Valley for all other layers. IBenchmark SurveyArea 2 Benchmarks !(Survey Elevation (18) Potential Survey Route 2.23 Miles Previously Surveyed 2010, Double-Run NGS Leveling (2) 2010, Double-Run Hydrant Leveling (4) Single-Run Hydrant Leveling (55) G!. G!. G!. G!. G!. G!. G!. G!. G!. G!. G!. G!. G!.G!. G!. G!. G!. G!. G!. G!.G!. G!. G!. G!.G!. G!. G!. G!. G!. G!. G!. G!. G!. G!. G!.G!. G!. G!.G!. G!. G!. G!. G!. G!. G!.G!. G!. G!. G!. G!. G!.G!. G!. G!. G!. G!. G!. G!. G!.G!.WayzataBlvd 2789 L 2789 AZ I n t e r st a te H w y 3 9 4 Laurel Ave XeniaAveSW a y z at a Blvd Circle Down Golden Hills Dr C o l oni a l D r P a r k Place Blvd Turnp i k e R d RadissonRd Utica Ave STurners Crossroad SLawn TerWayzata BlvdXenia Ave SI n t e r s t a t e H w y 3 9 4 Wayzata Blvd P a r k Pla ce Blvd Turners Crossroad S0 350 700175Feet Print Date: 5/28/2021Sources:-Hennepin County Surveyors Office for Property Lines (2021) & Aerial Photography (2020).-City of Golden Valley for all other layers. IBenchmark SurveyArea 3 Benchmarks !(Survey Elevation (10) Potential Survey Route 1.18 Miles Previously Surveyed Post 2010, Published Monument (2) 2010, Double-Run NGS Leveling (3) 2010, Double-Run Hydrant Leveling (2) Single-Run Hydrant Leveling (16) G!.G!. G!. G!. G!. G!. G!. G!. G!. G!. G!. G!. G!. G!. G!. G!. G!. G!. G!. G!. G!. BR 27540US Hwy 169Olympia St Flag Ave NPlymouth Ave NMendelssohn Ave NGettysburg Ave NWinsdale St Independence Ave NHillsboro Ave N0 200 400100Feet Benchmark SurveyArea 4 Print Date: 5/28/2021Sources:-Hennepin County Surveyors Office for Property Lines (2021) & Aerial Photography (2020).-City of Golden Valley for all other layers. I Benchmarks !(Survey Elevation (8) Potential Survey Route 2.11 Miles (Areas 4-6) Previously Surveyed 2010, Double-Run NGS Leveling (1) G!. G!. G!. G!. G!. G!. G!. G!. G!. G!. G!. G!. G!. G!. G!. G!. G!. G!. G!. G!. G!.G!. G!. G!. G!. G!. Earl St Naper St Mendelssohn Ave NIndependence Ave NDuluth St Flag Ave NHillsboro Ave NGettysburg Ave NGettysburgCtWheeler BlvdHillsboro Ave NDuluth St Flag Ave NN ap e r St Gettysburg Ave N0 200 400100Feet Benchmark SurveyArea 5 Print Date: 5/28/2021Sources:-Hennepin County Surveyors Office for Property Lines (2021) & Aerial Photography (2020).-City of Golden Valley for all other layers. I Benchmarks !(Survey Elevation (13) Potential Survey Route 2.11 Miles (Areas 4-6) G!. G!. G!. G!. G!. G!.G!. G!. G!. G!.G!.G!. G!. G!. G!. G!. G!. G!.G!. G!. G!. G!. G!. G!. G!. G!.G!. G!. G!. G!. G!. G!. G!. G!. G!. G!. G!. G!. G!. GV 001 Ensign Ave NCavell Ave N23rd Ave NDecatur Ave NAquila Ave NMedicine Lake Rd Elgin Pl Medley Ln Medley Rd DuluthStMarquis RdMedleyCirFlag Ave NBrogger CirElgin Pl 0 250 500125Feet Benchmark SurveyArea 6 Print Date: 5/28/2021Sources:-Hennepin County Surveyors Office for Property Lines (2021) & Aerial Photography (2020).-City of Golden Valley for all other layers. I Benchmarks !(Survey Elevation (10) Potential Survey Route 2.11 Miles (Areas 4-6) Previously Surveyed 2010, Double-Run NGS Leveling (1) 2010, Double-Run Hydrant Le veling (1) Sin gle-Run Hyd ran t Leveling (1) G!. G!. G!. G!. G!. G!. G!.G!.G!. G!. G!. G!.G!. G!. G!. G!. G!. G!. G!. G!. G!. G!. G!. G!. G!. G!. G!. G!. G!. G!. G!.G!. G!.G!. G!. G!. G!. G!. G!. G!.G!. G!. G!. G!. G!.G!. CARL MN053 Brunswick Ave NZane Ave NDouglas Dr NDuluth St Adair Ave NMedicine Lake Rd Wynnwood Rd BrookridgeAveNWestbrook RdSandburg Rd LamplighterLnDuluth Ln Westmore WayFlorida Ave NM a n c h ester Dr Kenneth Way 27th Ave N Heritage CirWestbrook Rd Douglas Dr NManchesterDr0 350 700175Feet Benchmark SurveyArea 7 Print Date: 5/28/2021Sources:-Hennepin County Surveyors Office for Property Lines (2021) & Aerial Photography (2020).-City of Golden Valley for all other layers. I Benchmarks !(Survey Elevation (13) Potential Survey Route 2.25 Miles (Areas 7-8) Previously Surveyed 2010, Double-Run NGS Leveling (1) 2010, Double-Run Hydrant Le veling (1) Sin gle-Run Hyd ran t Leveling (22) G!. G!. G!. G!. G!.G!. G!.G!. G!.G!. G!. G!.G!. G!. G!. G!. G!. G!. G!. G!. G!. G!. G!. G!. G!. G!. G!. G!. G!. G!. G!. G!. G!. G!. G!. G!. G!.G!. G!. G!. G!. G!. G!. G!. G!. G!. G!.G!. G!. G!. G!. G!. G!. G!. G!. G!. G!. G!. G!. G!.G!. G!. G!. G!. G!. G!.G!. G!. G!. G!. G!. G!. G!. G!. G!. G!. G!. G!. G!. GV BR 27B30 Knoll St Florida Ave NOlympia St Hampshire Ave NWinsdale St Zane Ave NSt Croix Ave N P h o en i x S t G o ld e n V a lle y R d Douglas Dr NHampshire Pl Plymouth Ave NHampshireLn Idaho Ave NConstanceDrWBrunswick Ave NWolfberryLn ConstanceDrEDuluth Ln AdairAveNDuluthSt Lindsay StEdgewood Ave NG o ld en V alleyR dDouglas Dr N0 450 900225Feet Benchmark SurveyArea 8 Print Date: 5/28/2021Sources:-Hennepin County Surveyors Office for Property Lines (2021) & Aerial Photography (2020).-City of Golden Valley for all other layers. I Benchmarks !(Survey Elevation (13) Potential Survey Route 2.25 Miles (Areas 7-8) Previously Surveyed 2010, Double-Run NG S Leveling (1) 2010, Double-Run Hydrant Le veling (1) Sin gle-Run Hyd ran t Leveling (38) G!. G!. G!. G!. G!. G!. G!. G!. G!. G!. G!. G!. G!. G!. G!. G!. G!. G!. G!. G!.G!. G!. G!. G!. G!. G!.G!. G!.G!. G!. G!. GV 002 TBM 445 VERIC Winnetka Ave N23rd Ave N Medicine Lake Rd RosalynCtValders Ave NLamphere DrRhode Island Ave NQuebec Av e N Valders Ave NR h o d e I slandAveN0 200 400100Feet Benchmark SurveyArea 9 Print Date: 5/28/2021Sources:-Hennepin County Surveyors Office for Property Lines (2021) & Aerial Photography (2020).-City of Golden Valley for all other layers. I Benchmarks !(Survey Elevation (5) Potential Survey Route 0.50 Miles Previously Surveyed 2010, Double-Run NG S Leveling (1) 2010, Double-Run Hydrant Le veling (1) Sin gle-Run Hyd ran t Leveling (7) G!. G!. G!. G!. G!. G!. G!. G!.G!. G!. G!. G!. G!. G!. G!. G!.G!. G!. G!. G!. G!. G!. G!. G!. G!. G!.G!. G!. G!. G!. G!. G!.G!. G!.G!. G!. G!.G!. G!. G!. G!. G!. G!. G!. G!. G!. G!.G!. G!. G!. G!. G!. G!. G!. G!. G!. G!. G!. G!. G!. G!. G!. G!. G!. G!. G!. G!.G!. G!. G!. G!. G!. G!. G!. G!. G!. G!. 2723 Q STRASSBURG MNDT 10th Ave NUS Hwy 169Kilmer La NBoone Ave NS t a t e H w y 5 5Mendelssohn Ave NDecatur Ave NGo lde n Valle y Rd 7th Ave N 6thAveNPlymout h A v e N 9th Ave N Ca s t le CtUS Hwy 169S t a t e H w y 5 5 10th Ave N G o ldenValleyRd0 400 800200Feet Print Date: 5/28/2021Sources:-Hennepin County Surveyors Office for Property Lines (2021) & Aerial Photography (2020).-City of Golden Valley for all other layers. IBenchmark SurveyArea 10 Benchmarks !(Survey Elevation (15) Potential Survey Route 1.15 Miles Previously Surveyed 2010, Double-Run NGS Leveling (5) 2010, Double-Run Hydrant Leveling (1) Single-Run Hydrant Leveling (20) 1 CONTRACT FOR SERVICES THIS AGREEMENT (this “Agreement”), entered into the 9th day of September, 2021 between the City of Golden Valley (the “City”), a municipal corporation, existing under the laws of the State of Minnesota, and Bolton & Menk, 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 Vertical Leveling (21-26) (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. 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 $22,000, 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. 2 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 $22,000 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 Bolton & Menk, 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. Special Assessment Contingency. The City’s obligation under this contract is contingent upon the availability of appropriated funds, including funds derived from special assessments, from which payment for contract purposes can be made. The City shall not be legally liable for any payment under this Agreement unless the special assessment appeal period under Minn. Stat. § 429.081 has passed and no appeals have been received. ARTICLE 10. 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 Special Assessment contingency has not been met; (3) the City is unable to adequately fund payment for the Contract because of changes in state fiscal policy, regulations or law; or (4) 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. 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. 3 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 Shepard M. Harris, Mayor BY Timothy J. Cruikshank, City Manager CONTRACTOR: BOLTON & MENK BY:_________________________________________ TITLE:__________________________________________ 4 EXHIBIT A: SCOPE OF WORK The City of Golden Valley (City) is in need of professional and technical services to establish vertical elevations on the top nut of 154 hydrants. The methodology for establishing elevations shall conform with that of the National Geodetic Survey (NGS) second order, class one specifications, except that the observed elevation difference may approach, but not exceed, five-hundredths (0.05) of one-foot times the square root of miles leveled between benchmarks on any single run (0.05 √Miles). This will be single-run leveling between published MnDOT vertical geodetic control points in good condition. The purpose of the leveling is to update a citywide vertical benchmark system. The leveling will help to establish precise North American Vertical Datum of 1988 (NAVD 88) heights and National Geodetic Vertical Datum of 1929 (NGVD 29) heights in Golden Valley. The total distance of single-run leveling is estimated at approximately 10.62 miles with approximately 7 set-ups. Exhibit B BENCHMARK SURVEY MAP shows the hydrants that need vertical elevations established and the routes used to establish estimated mileage. These routes are only a suggestion and the surveyor has the ability to propose an alternative route and control points based on field conditions. Proposals must include survey miles, cost per mile figures, and total cost to complete the leveling. ATTACHMENT 1 PROPOSAL FORM must be completed and submitted as part of this proposal. Other than the standards guiding the leveling, there is no rigid project schedule. Leveling must be completed by November 30, 2021. Digital bar-code rods and levels are required for this project. Global Positioning System (GPS) survey equipment is not permitted in the establishment of vertical control for this project. Differential leveling shall be used, trigonometric leveling is not acceptable as it has not been approved for 3rd Order Networks. Achieving survey grade horizontal control is not a requirement of this project. The Work includes, but is not limited to, all labor, equipment, and materials for the completion of the Project and is more fully detailed in Exhibit C—Special Conditions. 5 EXHIBIT B: BENCHMARK SURVEY MAP G!. G!. G!. G!. G!. G!. G!.G!. G!.G!. G!. G!. G!. G!.G!.G!.G!. G!. G!. G!. G!.G!. G!.G!.G!. G!.G!. G!. G!.G!.G!. G!. G!.G!. G!. G!.G!. G!. G!. G!. G!. G!. G!. G!. G!. G!.G!. G!.G!. G!. G!. G!. G!. G!.G!. G!. G!.G!.G!. G!. G!.G!. G!.G!.G!.G!. G!. G!. G!. G!.G!.G!. G!. G!.G!.G!. G!. G!. G!. G!. G!. G!. G!. G!. G!. G!. G!.G!. G!. G!.G!. G!. G!.G!. G!.G!. G!. G!. G!.G!. G!. G!. G!. G!.G!. G!. G!. G!. G!.G!. G!. G!.G!.G!.G!.G!.G!. G!.G!. G!.G!. G!.G!. G!. G!. G!. G!.G!.G!. G!.G!. G!. G!.G!. G!. G!. G!. G!. G!. G!. G!. G!. G!. G!. G!.G!. G!. G!. G!. G!. G!. G!. G!. G!. G!. G!. G!.G!. G!.G!. G!. G!. G!. G!.G!.G!. G!. G!. G!.G!. G!. G!. G!. G!. G!.G!. G!. G!. G!. G!. G!. G!. G!. G!. G!. G!. G!. G!. G!. G!. G!. G!.G!. G!. G!. G!. G!. G!. G!. G!. G!. G!. G!.G!. G!.G!. G!.G!. G!.G!. G!.G!. G!. 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G!. G!. G!. G!.G!. G!.G!. G!. G!. G!. G!. G!. G!.G!. G!.G!. G!.G!. G!. G!. G!. G!. G!. G!. G!. G!. G!. G!. G!. G!. G!. G!. G!. G!. G!. G!. G!. G!. G!. G!.G!. G!. G!. G!. G!. G!.G!. G!.G!. G!. G!.G!.G!. G!. G!.G!. G!. G!. G!.G!. G!. G!. G!. G!. G!.G!. G!. G!. G!. G!. G!. G!. G!. G!. G!. G!. G!. G!. G!. G!.G!.G!. G!.G!.G!. G!.G!. G!.G!. G!.G!. G!. G!.G!. G!.G!. G!. G!. G!. G!.G!. G!. G!. G!. G!. G!. G!. G!. G!.G!. G!.G!. G!.G!. G!. G!. G!. G!.G!. G!. G!. G!. G!. G!. G!.G!. G!.G!. G!. G!. G!. G!. G!. G!. G!. G!. G!. G!. G!. G!. G!. G!. G!. G!. G!. G!. G!. G!.G!. G!.G!. G!. G!. G!. G!. G!. G!. G!. G!. G!.G!. G!. G!. G!.G!.G!. G!.G!. G!. G!. G!.G!. G!. G!. G!. G!. G!. G!.G!. G!. G!. G!. G!. G!.G!. G!. G!. G!. G!.G!.G!. G!. G!. G!. G!. G!. G!. G!.G!. G!. G!. G!. G!. G!. G!. G!. G!. G!. G!. G!. G!. G!. G!.G!. G!. G!.G!. G!. G!.G!. G!. G!. G!.G!.G!.G!. G!.G!. G!.G!. G!. G!. G!. G!.G!. G!. G!. G!. G!. G!.G!. G!.G!. G!.G!. G!. G!.G!. G!. G!.G!. G!. G!. G!.G!. G!. G!.G!. G!. G!. G!. G!. G!. 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G!. G!. G!. G!.G!. G!. G!. G!.G!.G!. G!. G!. G!. G!. G!. G!. G!.G!. G!. G!. G!.G!. G!.G!. G!. G!. G!. G!. G!. G!. G!. G!. G!.G!. G!.G!. G!.G!. G!. G!. G!. G!. G!. G!. G!.G!. G!. G!. G!. G!. G!. G!.G!. G!.G!.G!. G!. G!.G!.G!.G!. G!. G!. G!. G!. G!. G!. G!. G!. G!.G!.G!. G!.G!.G!. G!. G!. G!.G!.G!.G!.G!.G!.G!. G!. G!. G!. G!. G!. G!. G!.G!.G!.G!.G!.G!.G!.G!.G!.G!. G!. G!. G!.G!. G!. G!. G!. G!. G!. G!. G!. G!.G!. G!. G!.G!. G!.G!. G!. G!. G!. G!. G!. G!. G!. G!. G!. G!.G!. G!. G!.G!.G!. G!. G!.G!. G!. G!.G!. G!. G!.G!. G!. G!.G!. G!. G!. G!.G!. G!.G!. G!. G!. G!. G!. G!.G!. G!. G!. G!. G!.G!. G!. G!.G!. G!. G!.G!. G!. G!. G!. G!.G!. G!. G!. G!. G!. G!. G!. G!. G!. G!. G!. G!. G!. G!. G!. G!. G!. G!. G!. G!. G!.G!. G!. G!. G!. G!. G!.G!.G!.G!.G!.G!. G!. G!.G!. G!. G!. G!.G!.G!. G!. G!. G!.G!. G!. G!. G!. G!. G!. Area 2 Area 8 Area 1 Area 10 Area 7 Area 3 Area 6 Area 4 Area 9 Area 5 0 1,800 3,600900Feet IPrint Date: 6/4/2021Sources:-Hennepin County Surveyors Office forProperty Lines (2021).-City of Golden Valley for all other layers. BenchmarkSurvey !(G!. Survey Elevation Needed(115) Index Previously Surveyed Post 2010, PublishedMonument 2010, Double-Run NGSLeveling 2010, Double-RunHydrant Leveling Single-Run HydrantLeveling G!.G!. G!. G!. G!. G!. G!. G!. G!. G!. G!. G!. G!. G!. G!. G!. G!. G!. G!. G!. G!. G!. G!. G!. G!. G!. G!. G!. G!. G!. G!. G!. G!.G!. G!. G!. G!. G!. G!.G!. G!. G!. G!. G!. G!. G!. G!. G!. G!. G!. G!.G!. G!.G!. G!. G!. G!. G!. G!. G!. G!. G!. G!. G!. NE 6 117 21 MN053 TBM 163 VERIC Western Ave State Hwy 5 5 Harold AveWinnetka Ave NRidgeway RdJersey Ave NLouisiana Ave NKelly DrGlenwoodAve Olson Memorial H w y K entuckyAveNEllisL n Rhode Island Ave NVarner CirHalfMoonDr JerseyAveSK i n g s t o n C irSchuller CirQuebec Av e SGarden ParkS t a t e H w y 5 5 GlenwoodAve H aroldAve Winnetka Ave N0 400 800200Feet Print Date: 5/28/2021Sources:-Hennepin County Surveyors Office for Property Lines (2021) & Aerial Photography (2020).-City of Golden Valley for all other layers. IBenchmark SurveyArea 1 Benchmarks !(Survey Elevation (10) Potential Survey Route 1.20 Miles Previously Surveyed 2010, Double-Run NGS Leveling (2) 2010, Double-Run Hydrant Leveling (1) Single-Run Hydrant Leveling (32) G!. G!. G!. G!. G!. G!. G!. G!. G!. G!. G!. G!. G!. G!. G!. G!. G!. G!. G!. G!. G!. G!. G!. G!. G!. G!. G!. G!. G!. G!. G!. G!. G!. G!. G!. G!. G!. G!. G!.G!. G!.G!. G!. G!. G!. G!. G!. G!. G!. G!. G!. G!. G!. G!.G!. G!. G!. G!. G!. G!.G!. G!. G!. G!.G!. G!. G!. G!. G!. G!. G!. G!. G!. G!. G!. G!. G!. G!. G!. G!. G!. G!. G!. G!. G!. G!. G!. G!. G!. G!. G!. G!. G!. G!. G!.G!. G!. G!. G!.G!. G!. G!.G!. TBM 163 VERIC GV 016Glenwood Ave S t a t e H w y 5 5 O l s o n M e m o r ia lH w y Western Ave Jersey Ave SEdgewood Ave NM e a n derRd Loring LnYosemi t eAveNJersey Ave NLouisiana Ave NDakota Ave SH a roldAve Cortlawn Cir SIdaho Ave NBrunswick Ave SColonial Rd Georgia Ave NWoodstock Ave Kentucky Ave SCutacross Rd CortlawnCirN Louisiana Ave SKe n tuckyAveNYosemit e CirKingHillRdKingCreekRdWest c hesterCirEdgewood Ave SHampshire Ave NPai s l e y L n K i n g s t o n C i r S ki Hill R d Florida CtHarold A v e S t a t e H w y 5 5 O l s o n M e m o r i a l H w y Idaho Ave N0 500 1,000250Feet Print Date: 5/28/2021Sources:-Hennepin County Surveyors Office for Property Lines (2021) & Aerial Photography (2020).-City of Golden Valley for all other layers. IBenchmark SurveyArea 2 Benchmarks !(Survey Elevation (18) Potential Survey Route 2.23 Miles Previously Surveyed 2010, Double-Run NGS Leveling (2) 2010, Double-Run Hydrant Leveling (4) Single-Run Hydrant Leveling (55) G!. G!. G!. G!. G!. G!. G!. G!. G!. G!. G!. G!. G!.G!. G!. G!. G!. G!. G!. G!.G!. G!. G!. G!.G!. G!. G!. G!. G!. G!. G!. G!. G!. G!. G!.G!. G!. G!.G!. G!. G!. G!. G!. G!. G!.G!. G!. G!. G!. G!. G!.G!. G!. G!. G!. G!. G!. G!. G!.G!.WayzataBlvd 2789 L 2789 AZ I n t e r st a te H w y 3 9 4 Laurel Ave XeniaAveSW a y z at a Blvd Circle Down Golden Hills Dr C o l oni a l D r P a r k Place Blvd Turnp i k e R d RadissonRd Utica Ave STurners Crossroad SLawn TerWayzata BlvdXenia Ave SI n t e r s t a t e H w y 3 9 4 Wayzata Blvd P a r k Pla ce Blvd Turners Crossroad S0 350 700175Feet Print Date: 5/28/2021Sources:-Hennepin County Surveyors Office for Property Lines (2021) & Aerial Photography (2020).-City of Golden Valley for all other layers. IBenchmark SurveyArea 3 Benchmarks !(Survey Elevation (10) Potential Survey Route 1.18 Miles Previously Surveyed Post 2010, Published Monument (2) 2010, Double-Run NGS Leveling (3) 2010, Double-Run Hydrant Leveling (2) Single-Run Hydrant Leveling (16) G!.G!. G!. G!. G!. G!. G!. G!. G!. G!. G!. G!. G!. G!. G!. G!. G!. G!. G!. G!. G!. BR 27540US Hwy 169Olympia St Flag Ave NPlymouth Ave NMendelssohn Ave NGettysburg Ave NWinsdale St Independence Ave NHillsboro Ave N0 200 400100Feet Benchmark SurveyArea 4 Print Date: 5/28/2021Sources:-Hennepin County Surveyors Office for Property Lines (2021) & Aerial Photography (2020).-City of Golden Valley for all other layers. I Benchmarks !(Survey Elevation (8) Potential Survey Route 2.11 Miles (Areas 4-6) Previously Surveyed 2010, Double-Run NGS Leveling (1) G!. G!. G!. G!. G!. G!. G!. G!. G!. G!. G!. G!. G!. G!. G!. G!. G!. G!. G!. G!. G!.G!. G!. G!. G!. G!. Earl St Naper St Mendelssohn Ave NIndependence Ave NDuluth St Flag Ave NHillsboro Ave NGettysburg Ave NGettysburgCtWheeler BlvdHillsboro Ave NDuluth St Flag Ave NN ap e r St Gettysburg Ave N0 200 400100Feet Benchmark SurveyArea 5 Print Date: 5/28/2021Sources:-Hennepin County Surveyors Office for Property Lines (2021) & Aerial Photography (2020).-City of Golden Valley for all other layers. I Benchmarks !(Survey Elevation (13) Potential Survey Route 2.11 Miles (Areas 4-6) G!. G!. G!. G!. G!. G!.G!. G!. G!. G!.G!.G!. G!. G!. G!. G!. G!. G!.G!. G!. G!. G!. G!. G!. G!. G!.G!. G!. G!. G!. G!. G!. G!. G!. G!. G!. G!. G!. G!. GV 001 Ensign Ave NCavell Ave N23rd Ave NDecatur Ave NAquila Ave NMedicine Lake Rd Elgin Pl Medley Ln Medley Rd DuluthStMarquis RdMedleyCirFlag Ave NBrogger CirElgin Pl 0 250 500125Feet Benchmark SurveyArea 6 Print Date: 5/28/2021Sources:-Hennepin County Surveyors Office for Property Lines (2021) & Aerial Photography (2020).-City of Golden Valley for all other layers. I Benchmarks !(Survey Elevation (10) Potential Survey Route 2.11 Miles (Areas 4-6) Previously Surveyed 2010, Double-Run NGS Leveling (1) 2010, Double-Run Hydrant Le veling (1) Sin gle-Run Hyd ran t Leveling (1) G!. G!. G!. G!. G!. G!. G!.G!.G!. G!. G!. G!.G!. G!. G!. G!. G!. G!. G!. G!. G!. G!. G!. G!. G!. G!. G!. G!. G!. G!. G!.G!. G!.G!. G!. G!. G!. G!. G!. G!.G!. G!. G!. G!. G!.G!. CARL MN053 Brunswick Ave NZane Ave NDouglas Dr NDuluth St Adair Ave NMedicine Lake Rd Wynnwood Rd BrookridgeAveNWestbrook RdSandburg Rd LamplighterLnDuluth Ln Westmore WayFlorida Ave NM a n c h ester Dr Kenneth Way 27th Ave N Heritage CirWestbrook Rd Douglas Dr NManchesterDr0 350 700175Feet Benchmark SurveyArea 7 Print Date: 5/28/2021Sources:-Hennepin County Surveyors Office for Property Lines (2021) & Aerial Photography (2020).-City of Golden Valley for all other layers. I Benchmarks !(Survey Elevation (13) Potential Survey Route 2.25 Miles (Areas 7-8) Previously Surveyed 2010, Double-Run NGS Leveling (1) 2010, Double-Run Hydrant Le veling (1) Sin gle-Run Hyd ran t Leveling (22) G!. G!. G!. G!. G!.G!. G!.G!. G!.G!. G!. G!.G!. G!. G!. G!. G!. G!. G!. G!. G!. G!. G!. G!. G!. G!. G!. G!. G!. G!. G!. G!. G!. G!. G!. G!. G!.G!. G!. G!. G!. G!. G!. G!. G!. G!. G!.G!. G!. G!. G!. G!. G!. G!. G!. G!. G!. G!. G!. G!.G!. G!. G!. G!. G!. G!.G!. G!. G!. G!. G!. G!. G!. G!. G!. G!. G!. G!. G!. GV BR 27B30 Knoll St Florida Ave NOlympia St Hampshire Ave NWinsdale St Zane Ave NSt Croix Ave N P h o en i x S t G o ld e n V a lle y R d Douglas Dr NHampshire Pl Plymouth Ave NHampshireLn Idaho Ave NConstanceDrWBrunswick Ave NWolfberryLn ConstanceDrEDuluth Ln AdairAveNDuluthSt Lindsay StEdgewood Ave NG o ld en V alleyR dDouglas Dr N0 450 900225Feet Benchmark SurveyArea 8 Print Date: 5/28/2021Sources:-Hennepin County Surveyors Office for Property Lines (2021) & Aerial Photography (2020).-City of Golden Valley for all other layers. I Benchmarks !(Survey Elevation (13) Potential Survey Route 2.25 Miles (Areas 7-8) Previously Surveyed 2010, Double-Run NG S Leveling (1) 2010, Double-Run Hydrant Le veling (1) Sin gle-Run Hyd ran t Leveling (38) G!. G!. G!. G!. G!. G!. G!. G!. G!. G!. G!. G!. G!. G!. G!. G!. G!. G!. G!. G!.G!. G!. G!. G!. G!. G!.G!. G!.G!. G!. G!. GV 002 TBM 445 VERIC Winnetka Ave N23rd Ave N Medicine Lake Rd RosalynCtValders Ave NLamphere DrRhode Island Ave NQuebec Av e N Valders Ave NR h o d e I slandAveN0 200 400100Feet Benchmark SurveyArea 9 Print Date: 5/28/2021Sources:-Hennepin County Surveyors Office for Property Lines (2021) & Aerial Photography (2020).-City of Golden Valley for all other layers. I Benchmarks !(Survey Elevation (5) Potential Survey Route 0.50 Miles Previously Surveyed 2010, Double-Run NG S Leveling (1) 2010, Double-Run Hydrant Le veling (1) Sin gle-Run Hyd ran t Leveling (7) G!. G!. G!. G!. G!. G!. G!. G!.G!. G!. G!. G!. G!. G!. G!. G!.G!. G!. G!. G!. G!. G!. G!. G!. G!. G!.G!. G!. G!. G!. G!. G!.G!. G!.G!. G!. G!.G!. G!. G!. G!. G!. G!. G!. G!. G!. G!.G!. G!. G!. G!. G!. G!. G!. G!. G!. G!. G!. G!. G!. G!. G!. G!. G!. G!. G!. G!.G!. G!. G!. G!. G!. G!. G!. G!. G!. G!. 2723 Q STRASSBURG MNDT 10th Ave NUS Hwy 169Kilmer La NBoone Ave NS t a t e H w y 5 5Mendelssohn Ave NDecatur Ave NGo lde n Valle y Rd 7th Ave N 6thAveNPlymout h A v e N 9th Ave N Ca s t le CtUS Hwy 169S t a t e H w y 5 5 10th Ave N G o ldenValleyRd0 400 800200Feet Print Date: 5/28/2021Sources:-Hennepin County Surveyors Office for Property Lines (2021) & Aerial Photography (2020).-City of Golden Valley for all other layers. IBenchmark SurveyArea 10 Benchmarks !(Survey Elevation (15) Potential Survey Route 1.15 Miles Previously Surveyed 2010, Double-Run NGS Leveling (5) 2010, Double-Run Hydrant Leveling (1) Single-Run Hydrant Leveling (20) 17 EXHIBIT C: SPECIAL CONDITIONS CITY OF GOLDEN VALLEY SPECIAL CONDITIONS FOR VERTICAL LEVELING PROJECT NO. 21-26 1.Project Description: Establish vertical elevations on the top nut of 154 hydrants using a similar methodology to that of the National Geodetic Survey (NGS) second order, class one specifications, except that the observed elevation difference may approach, but not exceed, five-hundredths (0.05) of one-foot times the square root of miles leveled between benchmarks on any single run (0.05 √Miles). The Work includes, but is not limited to, all labor, equipment, and materials for the completion of the Project. 2.Start and Completion Dates: Award of this contract is scheduled for the Golden Valley City Council meeting September 7, 2021. Contractor shall furnish all required bonds and insurance within one (1) week of award of Contract, and may commence the Work upon issuance of a written Notice to Proceed by the Engineer in charge of the Project (the “Engineer”). Contractor shall begin any time after contract award and notice to proceed and shall complete work no later than November 30, 2021. All invoices must be submitted no later than December 31, 2021. Delays due to failure by Contractor to provide the necessary insurance and bond documentation in a timely manner for approval, so as to meet the specified Completion Date, will not be considered justification for contract extensions. By entering into a contract to perform the Work, Contractor agrees to substantially complete the Work within the time periods specified. 3.Schedule and Working Hours: The Work shall begin after the City issues a Notice to Proceed, but no later than November 1, 2021. Working hours shall be from 7 am to 7 pm Monday through Friday, except holidays, unless approved in writing by the Engineer. Contractor shall schedule the Work to comply with this requirement. 4.Selection Criteria: Selection of the contractor will be based on the following criteria: a.Must be on MnDOT’s pre-qualified list of leveling contractors and have a Minnesota Licensed Land Surveyor on staff and overseeing the project. b.Project understanding including experience with precise NGS leveling, equipment sufficient to perform the required work, and familiarity with MnDOT’s permanent geodetic control monuments and online geodetic database. c.Project plan including work plan, deliverables, schedule. d.Experience including qualifications of personnel assigned to the project, references and experience with similar projects. e.Proposal content and participation in oral interview, if required by City. f.Commitment to racial and gender equity. g.Competitive fee 5.Scope of Work: The contractor shall: a.Provide calibration certifications for the level rods prior to commencing field observations. b.Ensure that the equipment used for the project will be well maintained. Major equipment, such as the level instrument and the level rods, must be exchanged if it is damaged, dropped or exposed to an excessive negative physical environment. No major equipment will be exchanged for other similar equipment without the prior approval of the City. Calibration 18 certification will be required for all exchanged equipment. c.Ensure that all field personnel assigned to this project shall remain unchanged during the extent of the Contract because changes affect efficiency, the quality of the data and the data processing techniques available. Exceptions will be made with the following examples: • Illness of a member of the leveling crew may result in the emergency replacement of one of the crew members at any time provided the City is notified at the beginning of the workday of the change. This includes a member of the crew being infected with COVID-19 or identified as a close contact of an individual infected with COVID-19. The City does retain the option of suspending work if the absent person is not replaced with a properly qualified and trained person. • Except for emergency replacement, only one member of a crew shall be changed from the previous workday’s crew and normally only one person/change per week will be permitted. • Assignment of personnel within the crew of the level unit may vary during the course of the week and even an occasional change within a given day. It is the duty of the crew chief to ensure that all new members are adequately trained for the task they are assigned. d.Ensure that all personnel are properly equipped and trained on the necessary safety procedures for this type of work. e.Locate and remove ground (if applicable) in order to recover benchmark(s) or station(s). f.Perform single-run leveling between the benchmarks established in previous leveling projects. g.Incorporate all hydrants identified (top nut of hydrant) in public right-of-way along the run. h.Perform the data acquisition of geodetic leveling with a similar methodology to that of NGS Second Order, Class I standards and specifications except that the observed elevation difference may approach, but not exceed, five-hundredths (0.05) of one foot times the square root of miles leveled between benchmarks on any single run (0.05 √Miles). i.Based on the naming convention set by the City, create an identification number and brief description for each benchmark. j.Provide survey elevations and data to the City in a usable format. 6.Content: Prepare a quote containing the information requested in the order and format set forth below. a.Provide the proposal form with pricing (in a Microsoft Word document or similar format). b.Provide the completed contractor questionnaire (in a Microsoft Word document or similar format). c.Describe any assistance that you feel will be needed from the City to fulfill the requirements of the contract (in the email or in a Microsoft Word document or similar format). 7.Submittal: Submit quotes via email to: a.Sue Schwalbe, sschwalbe@goldenvalleymn.gov, 763-593-3987 b.Project contact: Heather Hegi, hhegi@goldenvalleymn.gov, 763-286-8884 c.Submit quote by Friday, August 20, 2021 at 4:00 PM Central Standard Time. d.Limit Quote to 10 pages in length. 19 EXHIBIT D: GENERAL CONDITIONS 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 his/her designee. J. “Final Completion” means the date certified by the Engineer in accordance with section VII (7). K. “Force Account” means the payment method used for extra work if the contractor and the Engineer are unable to negotiate prices for revised Work. L. “Force Account Work” means work completed on a Force Account basis. 20 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. "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. U. “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. V. 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. W. 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," 21 "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. 2. EXECUTION OF CONTRACT The individual, firm, partnership, corporation or company to which the Contract has been awarded shall sign the necessary agreements, entering into a contract with the City and shall return them 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. 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 22 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 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. 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 23 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 Sum; 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 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 Sum or extension of the Contract Time. 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. 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 24 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. 6. FINAL CLEAN-UP Upon completion of the Work and before acceptance 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. 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 25 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 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. 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 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. 6. AUTHORITY AND DUTY OF INSPECTOR The Inspector shall be authorized to inspect all Work and materials furnished. Such 26 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. 7. 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. 8. AUTHORIZED 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, discovered before 27 Final Completion 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. 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 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. Upon final acceptance of all the Work the Engineer shall issue a “Certificate of Final Completion” pursuant to Section VII (6) herein. The date of Final Completion of the Contract shall be the date on the Certificate of Performance. 11. 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 28 Contractor a written acceptance of such condition. The City shall give such notice promptly after discovery of the condition. During the one-year period for correction of Work, if 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 during that period 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. 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 29 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. 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 his 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 Engineer’s 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. 30 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. 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 himself or his 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 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. 31 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 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 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. 6. MAINTENANCE OF DRAINAGE AND ACCESS TO MUNICIPAL AND PRIVATE UTILITIES 32 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 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 his 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 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. 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 33 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 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. 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 34 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. 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 his 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. 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. 35 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 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. 16. 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. 17. 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 Workmen's Compensation Act 36 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. 18. 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. 19. 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. 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 37 b. Coverages: X Owned Automobile, if any X Non-Owned Automobile 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: _______________. Contractor’s policy(ies) shall be primary insurance 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. 38 20. WORKER’S COMPENSATION INSURANCE Contractor shall furnish Workmen's Compensation Insurance for its employees, and must comply with all Workmen'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 Workmen's Compensation Insurance shall be included in all lump sum and unit cost items under this Contract. 21. 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 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. 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 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 the City. The official completion date 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 39 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 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 40 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 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. 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. FINAL COMPLETION Final Completion is the stage in the progress of the Work when the Work or designated portion thereof is sufficiently complete in accordance with the Contract Documents so that the Owner can occupy or utilize the Work for its intended use. When Contractor considers that the Work, or a portion thereof which the City agrees to accept separately, is 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. Upon receipt of Contractor’s list, the Engineer or the Inspector shall inspect the Work to determine whether it is complete. If the inspection discloses any item, whether or 41 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 Final Completion, complete or correct such item. In such case, Contractor shall then submit a request for another inspection by the Engineer to determine Final Completion. When the Work or designated portion thereof is complete, the Engineer will prepare a Certificate of Final Completion that shall establish the date of Final 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 Final Completion of the Work or designated portion thereof unless otherwise provided in the Certificate of Final Completion. The Certificate of Final 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 date of completion as set forth in the Contract or as previously extended, Contractor shall, not less than ten (10) days prior to said date, make written request to the City for an extension of time for completion, setting forth fully in its request the reasons which Contractor believes justify the granting of the request. If the City finds that the Work has been delayed on account of unusual conditions beyond the control of Contractor, or that the quantities of the Work done or to be done are in excess of the Contract quantities in sufficient amount to warrant additional time, the City may, in its sole discretion, grant an extension of time for the completion to such date as may seem reasonable and proper. In case such extension is not granted, the right to proceed with the Work may be considered as forfeited as of the Contract Time, including all agreed upon adjustments, and the City, without violating the Contract, may proceed immediately to take over the Work, materials and equipment and make final settlement of costs incurred 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 proceed and in 42 such case 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 under the Contract. 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. 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: 1) Contractor becomes insolvent; 2) Contractor makes an assignment for the benefit of creditors pursuant to the Statutes of the State of Minnesota; 3) A voluntary or involuntary petition in bankruptcy be filed by or against Contractor; 4) Contractor fails to commence work when notified to do so by the Engineer; 5) Contractor shall abandon the Work; 6) Contractor shall refuse to proceed with the Work when and as directed by the Engineer; 7) Contractor shall, without just cause, reduce his 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; 8) Contractor shall sublet, assign, transfer, convey or otherwise dispose of this Contract other than as herein specified; 9) A receiver or receivers are appointed to take charge of Contractor's property or affairs; 10) 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; 11) 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; 12) 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; 13) 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 14) The Work is not completed 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 43 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, 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. 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 44 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 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. 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 City’s computer aided drafting system shall be used as the method of measurement. 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 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. 4. BASIS OF PAYMENT Where Work is to be paid by linear, area, volume, mass, or by each individual units 45 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. 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, and in the detail Specifications for each class of Work. 6. CLAIMS AND PROTESTS i. 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. ii. 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 Final Completion of the Work. The City and Contractor waive all Claims and causes of action not commenced in accordance with this Section. iii. 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. iv. 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. v. 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 46 the subject of the Claim. Prior notice is not required for Claims relating to an emergency endangering life or property. vi. Claims for Additional Time If Contractor wishes to make a Claim for an increase in the Contract Time, notice as provided in Subsection C above shall be given. Contractor’s Claim shall include an estimate of cost and of probable effect of delay on progress of the Work. In the case of a continuing delay, only one Claim is necessary. If adverse weather conditions are the basis for a Claim for additional time, such Claim shall be documented by data substantiating that weather conditions were abnormal for the period of time, could not have been reasonably anticipated, and had an adverse effect on the scheduled construction. vii. 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 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. 7. 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: i. 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. ii. 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. iii. 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 47 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 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. 8. 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 Council 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 48 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. 9. FINAL PAYMENT Upon completion of the Work and its acceptance by the Engineer, the Engineer will prepare a final estimate containing complete quantities of each and every item of Work performed by Contractor, and the value thereof. Upon acceptance of said final estimate by Contractor, the Engineer will certify as to the completion and his acceptance of the Work, and to the entire amount and value of each and every item of Work performed in accordance with the terms on the Contract. Unless, otherwise provided, the City Engineer will then certify to the City Finance Director the Engineer's Certificate and Final Estimate for Final Payment and will notify Contractor and Contractor’s Surety or Sureties of the acceptance of the Work. The action of the City by which Contractor is to be bound and the Contract concluded according to the terms thereof, shall be evidenced by the aforesaid Certificate 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. 10. 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 49 ATTACHMENT 2: CONTRACTOR QUESTIONNAIRE VERTICAL LEVELING (SURVEY BENCHMARKS) PROJECT NO. 21-26 Proposers must answer all questions and provide the requested information for all items. All questions should be answered fully and in the order they are listed to provide the City with an understanding of the service provided. Supplemental information can be attached to the quote, if necessary. The Proposer shall provide all proposal form information, including the questionnaire, to the City via email to Sue Schwalbe sschwalbe@goldenvalleymn.gov. Please provide requested information to the items listed below as they pertain to the collection method indicated. All questions must be answered as written and all answers must be clear and comprehensive. Proposers shall not modify the question, change the order of questions, or alter the form in any way. Failure to supply requested information will be noted when evaluating the proposals. Proposers will be required to substantiate all information provided. Proof by demonstration or other means approved by the City may be required. 1. Name and Address of Contractor, number of employees, services provided. 2. Include a statement of qualifications. Document experience in similar settings. 3. What is the experience and qualifications of personnel who will be assigned to the project? 4. How many years experience do you have with precise NGS leveling and equipment sufficient to perform the required work? 5. Are you familiar with MnDOT’s permanent geodetic control monuments and online geodetic database? 6. Are you on MnDOT’s pre-qualified list of leveling contractors and have a Minnesota Licensed Land Surveyor on staff and overseeing the project? 7. Provide contact information for three references from cities, other governmental entities, or tribal nations where you have successfully completed projects of a similar size and scope. Contact information should include Organization Name, Contact Person Name, Email Address, and Phone Number. 8. Please list all public and private survey projects you have worked on within the City of Golden Valley over the past 12 months, including completed projects and current projects not yet completed. 50 9. Does your company have a Racial Equity Plan? Yes / No a. If yes, please provide a link to an online copy of your Plan or note your ability to share an electronic copy of the document at the request of the City. b. If no, is there a plan in place to develop a Racial Equity Plan in the future? Yes / No 10. Please describe your company’s commitment to racial equity, diversity, and inclusion. Include information about your company’s advancement and retention opportunities, specifically for Black, Indigenous and People of Color. This may include but is not limited to professional development, trainings, organizational infrastructure and employee groups, community relationships etc. 11. Please describe your company’s commitment to gender equity, diversity, and inclusion. Include information about your company’s advancement and retention opportunities. This may include but is not limited to professional development, trainings, organizational infrastructure and employee groups, community relationships etc. Golden Valley City Council Meeting September 9, 2021 Agenda Item 3. D. 2. Approve Purchase of a Trash Compactor Prepared By Tim Kieffer, Public Works Director Marshall Beugen, Street and Vehicle Maintenance Supervisor Summary Unit 479, a 2011 trash compactor has reached its useful life cycle and is scheduled to be replaced. The existing compactor meets replacement criteria set forth in the City’s Vehicle Replacement Policy and Vehicle Condition Index (VCI). The VCI is a tool used to assess all vehicles and equipment scheduled for replacement and any vehicle/equipment scoring 28 points or higher meets the category of “needs immediate consideration”. The trash compactor scored 31 points. Staff utilizes this custom equipment, in conjunction with a Ford F-550 and hook system, for compacting trash at public parks, trail corridors, and special events. Staff solicited quotes to fabricate the compactor to a roll-off skid. The following quotes were received: ABM Equipment & Supply $79,555 Curbtender $83,056 Financial Or Budget Considerations The 2021 Vehicle and Equipment Capital Improvement Program (CIP) includes $65,000 for the purchase of a custom trash compactor (V&E-143). Steel prices have increased significantly from the start of the year. Additional funding to stay within budget will come from the sale of assets being over anticipated amounts. Recommended Action Motion to approve purchase of a Trash Compactor from ABM Equipment & Supply in the amount of $79,555.00. Supporting Documents • ABM Equipment & Supply Quote (1 page) • Curbtender Quote (1 page) Quote #: 2822.2 Reseller:CURBTENDER SOURCEWELL Customer:Golden Valley City of Reseller Phone: 319-266-1721 Customer Phone: 763-593-8000 Created By: Tom Anderson Customer Fax: Email: Ship-to Address: Golden Valley City of Todd 7800 Golden Valley Rd Golden Valley, MN 55427 United States Bill-to Address: Golden Valley City of Todd 7800 Golden Valley Rd Golden Valley, MN 55427 United States Date Printed: 8/12/2021 Page 1 of 1 Item Item Description Qty Price Total TOMCAT (SL) - 02.21 TC06 (2021)TOMCAT, 6 CUBIC YARD 1 $51,390 $51,390 August 2021 Steel Surcharge - A Steel surcharge for small body units (under 20YD), valid on quotes and orders received after 8/01/21. 1 $4,200 $4,200 CM01-TC Truck Mounted 1 $0 $0 SH04-TC Full Ejection 1 $0 $0 SM02-TC Ship-Away Kit 1 $1,140 $1,140 CM05-TC Diesel 1 $0 $0 CP04-TC No Pump/PTO Installed 1 ($2,053)($2,053) ST03-TC Dual Tipper Prep 1 $400 $400 ST18-TC Dual Tap-in-Kit, Dual Spool Valve, Aftermarket Prep 1 $2,850 $2,850 SB02-TC Street Side Upper Door 1 $430 $430 SB11-TC Broom & Shovel Holders, Curbside 1 $470 $470 SB18-TC Pack Cyl Grease Line 1 $300 $300 SB19-TC Travel Cover Access Port 1 $300 $300 CL01-TC LED Stop/Tail/Turn/Reverse Lighting 1 $0 $0 SS01-TC Dual PTO Shut Off (Std)1 $0 $0 CS18-TC Aftermarket Installed Camera System 1 ($500)($500) SS03-TC Rear Back-up Camera 1 $0 $0 CA04-TC Performance White Paint 1 $0 $0 CD02-TC Cooperative Purchase 1 $0 $0 CD03-TC Sourcewell Discount 1 ($2,000)($2,000) SW04-TC Sourcewell Warranty, 2 Year Body Standard 1 $0 $0 SW08-TC Sourcewell Warranty, 2 Year Cylinder Standard 1 $0 $0 Broom and Shovel Holder on Street Side $470 1 $470 $470 Materials needed for a A-Frame and skid and all safety lights, hoses with quick connected ends, wheels and bracing ratchet hold downs. $3,847 1 $3,847 $3,847 Labor for installing and mounting by JWR $4,984 1 $4,984 $4,984 Paint for Skid Mount $408 1 $408 $408 Two Perkins Tipper and installation by JWR $11,362 1 $11,362 $11,362 Training (1 Shift) for Curbtender 6yd TomCat Skid $357 1 $357 $357 7" Display Screen Reverse Camera and installation JWR $1,599 1 $1,599 $1,599 This quote is valid until: 11/10/2021 Freight:$3,102 Total:$83,056 Customer Notes: Full chassis spec. not available at this time spec approval required prior to accepting PO TMS 8- 12-21 QUOTE IS NOT CONSIDERED FIRM UNTIL IT HAS BEEN SUBMITTED FOR ENGINEERING REVIEW AND APPROVED BY CURBTENDER. G:\City Council agendas\Agenda Packets\2021\09-09-21\+-3D3 - Authorize PSA with SEH for 2023 PMP Feasibility Report\3D3a - 2023 PMP Auth FeasReport.docx Golden Valley City Council Meeting September 9, 2021 Agenda Item 3. D. 3. 2023 Pavement Management Program a. Authorize Preparation of Feasibility Report, Resolution No. 21-64 b. Authorize Professional Services Agreement with Short Elliot Hendrickson, Inc. Prepared By Jeff Oliver, PE, City Engineer R.J. Kakach, PE, Assistant City Engineer Summary The proposed 2023 Pavement Management Program (PMP) includes the reconstruction of approximately 1.27 miles of local streets in the northwest corner of the City. The streets included in the proposed project includes: 2023 PMP 23rd Avenue North, Xylon Avenue North to Winnetka Avenue North Wynnwood Road, Orkla Drive to Valders Avenue North Jonellen Lane, Bies Drive to Valders Avenue North 25th Avenue North, Orkla Drive to Valders Avenue North Wisconsin Avenue North, 23rd Avenue North to Orkla Drive Orkla Drive, Wynnwood Road to Medicine Lake Road Bies Drive, Wynnwood Road to 25th Avenue North Valders Avenue North, 23rd Avenue North to Wynnwood Road Valders Avenue North, Jonellen Lane to 25th Avenue North The project administration for the 2023 PMP will be performed by City staff. Staff requested a letter of proposal from the consulting engineering firm of Short Elliott Hendrickson, Inc. (SEH) to perform the preliminary project design, including survey, geotechnical review and recommendations, traffic and water resource engineering, public participation, and the preparation of project plans, specifications and bidding documents. The estimated cost to perform these services for the project is not to exceed $418,100 as outlined in the August 9, 2021 letter of proposal. City Council Regular Meeting Executive Summary City of Golden Valley September 9, 2021 2 The anticipated schedule for these projects is as follows: Order Feasibility Report September, 2021 Preliminary Survey Work Fall 2021 First Open House Winter 2021/Spring 2022 Second Open House Summer/Fall 2022 Public Hearing Winter 2022 Project Bidding January 2023 Construction Summer 2023 Complete Construction Fall 2023 Financial Or Budget Considerations The proposed financing for the SEH Professional Services Agreement is funded from the 2021 Street CIP (S-001) in the amount of $3,800,000. Recommended Action 1. Motion to adopt Resolution No. 21-64, Ordering Preparation of Feasibility Report for the 2023 Pavement Management Program. 2. Motion to authorize the Mayor and City Manager to execute a professional services agreement with Short Elliott Hendrickson, Incorporated in the form approved by the City Attorney for professional services associated with preparation of the feasibility report and project design on the 2023 PMP, for an amount not to exceed $418,100. Supporting Documents • Location Map (1 page) • Resolution No. 21-64 Authorizing Preparation of the Feasibility Report for the 2023 Pavement Management Program (1 page) • Professional Services Agreement dated September 9, 2021 (24 pages) Orkla DrWisconsin Ave N23rd Ave N Wynnwood Rd 25th Ave N Bies DrJonellen Ln Winnetka Ave NXylon Ave NValdersAve NValders Ave N23 rd Ave NCounty Rd 156Me dic ine La k e Rd County Rd 70 WinnetkaHeightsDr OrklaDrValdersCtValdersAve N24th Av e N WisconsinAveN I 0 250 500125 Feet Print Date: 8/25/2021Sources:-Hennepin County Surveyors Office for Property Lines (2020) & Aerial Photography (2018).-City of Golden Valley for all other layers.2023 PMP CIP Streets 2023, 1.27 miles local RESOLUTION NO. 21-64 RESOLUTION ORDERING PREPARATION OF FEASIBILITY REPORT FOR CITY IMPROVEMENT PROJECT #23-01 2023 PAVEMENT MANAGEMENT PROGRAM WHEREAS, it is proposed to reconstruct the streets listed below and to assess the benefited properties pursuant to Minnesota Statutes Chapter 429 for the following streets: 2023 PMP 23rd Avenue North from Xylon Avenue North to Winnetka Avenue North Wynnwood Road from Orkla Drive to Valders Avenue North Jonellen Lane from Bies Drive to Valders Avenue North 25th Avenue North from Orkla Drive to Valders Avenue North Wisconsin Avenue North from 23rd Avenue North to Orkla Drive Orkla Drive from Wynnwood Road to Medicine Lake Road Bies Drive from Wynnwood Road to 25th Avenue North Valders Avenue North from 23rd Avenue North to Wynnwood Road Valders Avenue North from Jonellen Lane to 25th Avenue North NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Golden Valley, Minnesota that the proposed improvements be referred to the City Engineer for study and that he is instructed to report to the Council with all convenient speed advising the Council in a preliminary way as to whether the proposed improvements are feasible and as to whether they should best be made as proposed or in connection with some other improvements, and the estimated cost of the improvements as recommended. Passed by the City Council of Golden Valley, Minnesota this 9th day of September, 2021. ____________ Shepard M. Harris, Mayor ATTEST: _____________________________ Theresa Schyma, City Clerk 1 PROFESSIONAL SERVICES AGREEMENT FOR PROVIDING THE PROFESSIONAL ENGINEERING CONSULTING SERVCIES FOR THE RECONSTRUCTION OF STREETS AND UTILITIES FOR THE 2021 PAVEMENT MANAGEMENT PROGRAM #23-01 THIS AGREEMENT is made this September 9, 2021 (“Effective Date”) by and between Short Elliott Hendrickson, Incorporated a Minnesota corporation with its principal office at 3535 Vadnais Center Drive, St. Paul, MN 55110-3507 (“Consultant”), and the City of Golden Valley, Minnesota, a Minnesota municipal corporation located at 7800 Golden Valley Road, Golden Valley, MN 55427 (the “City”): RECITALS A. Consultant is engaged in the business of providing professional engineering consulting services. B. The City desires to hire Consultant to provide professional services for the reconstruction of streets and utilities for the 2023 Pavement Management Program. 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”) at the locations depicted in the attached Exhibit B. Exhibits A and B 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 December 31, 2023, provided that the parties may extend the stated deadline upon mutual written agreement. This Agreement shall remain in force and effect commencing from the effective date and continuing until the completion of the project, unless terminated by the City or amended pursuant to the Agreement. 3. Consideration. The City shall pay Consultant for the Services on an hourly basis and for necessary out-of-pocket expenses at the rates set forth in Consultant’s fee schedule, attached hereto as Exhibit C. Consultant’s total compensation for the Services, including hourly fees and expenses, shall not exceed $418,100. 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 (30) days after Consultant’s statements are submitted. 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 hereof to the contrary, this Agreement may be terminated as follows: a. The parties, by mutual written agreement, may terminate this Agreement at any time; b. 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. 7. Amendments. No amendments may be made to this Agreement except in a writing signed by both parties. 8. 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. 9. 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. 10. 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 Consultant’s (or its subcontractors, agents, volunteers, members, invitees, representatives, or employees) negligent performance of the duties required by or arising from this Agreement, or caused in whole or in part by any negligent act or omission or willful misconduct by Consultant, or arising out of Consultant’s failure to obtain or maintain the insurance required by this Agreement. Nothing in this Agreement shall constitute a waiver or limitation of any immunity or limitation of liability to which the City is entitled. The parties agree that these indemnification obligations shall survive the completion or termination of this Agreement. 3 11. Insurance. Contractor shall maintain reasonable insurance coverage throughout this Agreement. Contractor agrees that before any work related to the approved project can be performed, Contractor shall maintain at a minimum: A. 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 of not less than: 1. $5,000,000 per claim 2. $5,000,000 annual aggregate Contractor shall provide the City with a current certificate of insurance including the following language: “The City of Golden Valley is named as an additional insured with respect to the commercial general liability, business automobile liability and umbrella or excess liability, as required by the contract. The umbrella or excess liability policy follows form on all underlying coverages.” Such certificate of liability insurance shall list the City as an additional insured and contain a statement that such policies of insurance shall not be canceled or amended unless 30 days’ written notice is provided to the City, or 10 days’ written notice in the case of non-payment. 4 12. 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. 13. 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. 14. Compliance with Laws. Consultant shall exercise due professional care to comply with applicable federal, state and local laws, rules, ordinances and regulations in effect as of the date Consultant agrees to provide the Services. Consultant’s guests, invitees, members, officers, officials, agents, employees, volunteers, representatives, and subcontractors shall abide by the City’s policies prohibiting sexual harassment and tobacco, drug, and alcohol use as defined on the City’s Tobacco, Drug, and Alcohol Policy, as well as all other reasonable work rules, safety rules, or policies, and procedures regulating the conduct of persons on City property, at all times while performing duties pursuant to this Agreement. Consultant agrees and understands that a violation of any of these policies, procedures, or rules constitutes a breach of the Agreement and sufficient grounds for immediate termination of the Agreement by the City. 15. 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. 16. Third Party Rights. The parties to this Agreement do not intend to confer any rights under this Agreement on any third party. 17. 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 5 parties to this Agreement waive any objection to the jurisdiction of these courts, whether based on convenience or otherwise. 18. 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. 19. 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. 20. 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. 21. 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. 22. 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, status with regard to public assistance, or religion. Violation of any part of this provision may lead to immediate termination of this Agreement. Consultant agrees to comply with Americans with Disabilities Act as amended (“ADA”), section 504 of the Rehabilitation Act of 1973, and the Minnesota Human Rights Act, Minnesota Statutes, Chapter 363A. Consultant agrees to hold harmless and indemnify the City from costs, including but not limited to damages, reasonable attorneys’ fees and staff time, in any action or proceeding brought alleging a violation of these laws by Consultant or its guests, invitees, members, officers, officials, agents, employees, volunteers, representatives and subcontractors. Upon request, Consultant shall provide accommodation to allow individuals with disabilities to participate in all Services 6 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. 23. Authorized Agents. The City’s authorized agent for purposes of administration of this contract is Jeff Oliver, City Engineer, or designee. Consultant’s authorized agent for purposes of administration of this contract is Jen Koehler, or designee who shall perform or supervise the performance of all Services. 24. Notices. Any notices permitted or required by this Agreement shall be deemed given when personally delivered or upon deposit in the United States mail, postage fully prepaid, certified, return receipt requested, addressed to: CONSULTANT THE CITY Short Elliott Hendrickson, Inc Scott Haupt, PE 3535 Vadnais Center Drive shaupt@sehinc.com City of Golden Valley Jeff Oliver 7800 Golden Valley Road Golden Valley, MN 55437 joliver@goldenvalleymn.gov or such other contact information as either party may provide to the other by notice given in accordance with this provision. 26. 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. 27. 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. 28. 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. 29. Publicity. At the City’s request, the City and Consultant shall develop language to use when discussing the Services. Consultant agrees that Consultant shall not release any publicity regarding the Services or the subject matter of this Agreement without prior consent from the City. Consultant shall not use the City’s logo or state that the City endorses its services without the City’s advanced written approval. 30. 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. 7 31. 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. 32. 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. 33. Recitals. The City and Consultant agree that the Recitals are true and correct and are fully incorporated into this Agreement. IN WITNESS WHEREOF, the City and Consultant have caused this Professional Services Agreement to be executed by their duly authorized representatives in duplicate on the respective dates indicated below. SHORT ELLIOTT HENDRICKSON, INC; CITY OF GOLDEN VALLEY: By: _________________________________ Name: ______________________________ Title: _______________________________ By: _________________________________ Shepard M. Harris, Mayor By: _________________________________ Timothy J. Cruikshank, City Manager 8 EXHIBIT A SCOPE OF SERVICES Engineers | Architects | Planners | Scientists Short Elliott Hendrickson Inc., 3535 Vadnais Center Drive, St. Paul, MN 55110-3507 651.490.2000 | 800.325.2055 | 888.908.8166 fax | sehinc.com SEH is 100% employee-owned | Affirmative Action–Equal Opportunity Employer August 9, 2021 RE: City of Golden Valley 2023 Pavement Management Program Design Services Proposal City Project No. 23-01 SEH No. GOLDV P-160611 14.00 Mr. Jeff Oliver City Engineer City of Golden Valley 7800 Golden Valley Road Golden Valley, MN 55427-4588 Dear Mr. Oliver: Thank you for the opportunity to provide professional services to the City of Golden Valley for the reconstruction of streets and utilities in the 2023 Pavement Management Program (PMP). The City is requesting a scope of work that includes preliminary design, Feasibility Report preparation, final design, plan preparation and bidding services. This letter serves as the Scope of Services for the Agreement for Professional Services for the 2023 Pavement Management Project. BACKGROUND The City of Golden Valley proposes to reconstruct approximately 1.27 miles of streets in the residential neighborhood located southwest of the Winnetka Avenue North/Medicine Lake Road intersection. The project is generally bounded by Xylon Avenue North on the West, Winnetka Avenue North on the East, 23rd Avenue North on the South, and Medicine Lake Road on the North. The following streets are included in the proposed project area: · 23rd Avenue North (Xylon Avenue North – Winnetka Avenue North) · Wynnwood Road (Orkla Drive – Valders Avenue North) · Jonellen Lane (Bies Drive – Valders Avenue North) · 25th Avenue North (Orkla Drive – Valders Avenue North) · Wisconsin Avenue North (23rd Avenue North – Orkla Drive) · Orkla Drive (Wynnwood Road – Medicine Lake Road) · Bies Drive (Wynnwood Road – 25th Avenue North) · Valders Avenue North (23rd Avenue North – Wynnwood Road) · Valders Avenue North (Jonellen Lane – 25th Avenue North) Public utilities such as watermain, storm sewer and sanitary sewer are present in the existing right-of- way. Based on our discussion with City staff at the recent scoping meeting, we understand the City would like to replace all of the existing water main to meet current design standards. The need for improvements to other existing public and private utilities will be identified as the project progresses; however, the extent of rehabilitation required will not be known until after the preliminary design phase is complete. Mr. Jeff Oliver August 9, 2021 Page 2 SCOPE OF WORK Preliminary Survey SEH will provide preliminary survey services for the streets included in the project area. The proposed survey work includes setting horizontal and vertical control points, locating available property corners and monuments, and performing a topographic survey of the right-of-way corridor throughout the project area. In addition, SEH will perform structure surveys of the existing sanitary sewer and storm sewer structures in the project area. Prior to performing the topographic survey, SEH will request Gopher State One Call field markings for public and private utilities for inclusion in the project base map. Meetings/Project Communication We propose to conduct a kickoff meeting with Engineering and Public Works staff at the beginning of the project to review the scope and schedule, plan the public involvement process, receive direction and assign tasks. Six design progress meetings have been included in the scope to be conducted during the preliminary and final design phases of the project. In addition, we have included staff time for the following additional meetings during the design process: · One on-site drainage walk-through with City staff to review existing conditions and preliminary design · One on-site private utility meeting prior to GSOC field markings to review the project area · Two open house/StoryMap preparation meetings · Two private utility coordination meetings to review the proposed improvements and identify potential conflicts with their facilities · Two special design issues meetings for potential issues that may arise throughout the project design process · One meeting with City staff to review City comments on draft bidding documents Public Involvement The public involvement approach to this project is expected to be similar in nature to those followed in recent City PMP projects. SEH staff plans to attend two evenings of open house format meetings, either in-person or virtually. This typically includes one meeting at the beginning of the project design and one meeting after the preliminary design is complete. In addition, SEH will provide aerial exhibits of the project area containing topographic survey data and parcel information at the public involvement open house. The proposal also includes staff time to perform updates to and print the display boards used for the neighborhood meetings, and create a GIS StoryMap for each meeting if requested. Scott Haupt (Project Manager) and Steve Prall (Project Engineer) will attend the open houses, and Adam Knorr will provide GIS services. Geotechnical Street Analysis and Report SEH has obtained a price quote from American Engineering Testing, Inc. (AET) to perform soil boring drilling and lab testing services and we have included AET’s fee in our proposal. The drilling program consists of 11 soil borings drilled to a penetration depth of approximately 14.5 feet, at approximately 400- foot intervals along the streets. Our geotechnical engineers will provide the geotechnical boring coordination, evaluation and technical assistance for the project. SEH will coordinate the boring locations and material testing program with AET. Staff will review the subsurface materials and borings, identify potential problems, develop an additional boring program (if necessary), and make subgrade and pipe bedding recommendations based upon the information that’s available. The recommendations will be summarized in a memo for the City’s information and project file. Mr. Jeff Oliver August 9, 2021 Page 3 Any debris or potentially contaminated material discovered will be handled separately from this scope of work. Sidewalks and Trails The City’s Existing and Proposed Bikeways and Sidewalks 2040 Comprehensive Plan does not identify any new sidewalks or trails in the project area. However, it does identify the 23rd Avenue North/Winnetka Avenue North intersection for possible pedestrian treatments. Per discussion with City staff, we understand the City wishes to explore the possibility of installing rectangular rapid flashing beacon (RRFB) push-button activated pedestrian signs and crosswalk markings across Winnetka Avenue North at 23rd Avenue North, therefore we have included time for our traffic engineers to provide design services and coordination assistance with Hennepin County. Existing pedestrian ramps on project streets abutting Medicine Lake Road and Winnetka Avenue North would also be reconstructed to ADA standards. Traffic/Intersection Improvements SEH will review the intersection geometry at the neighborhood street intersections and evaluate the options available for improvements. Additional time has been budgeted to assist the City with minor/miscellaneous traffic issues as they arise during the project. Preliminary Design and Feasibility Report Preparation Once field work has been completed, SEH will perform preliminary street and utility design for the project area. Roadway alignments and profiles will be reviewed and optimized for drainage, storm sewer added as needed, and driveway grades reviewed and improved where feasible. Based on discussion at our recent scoping meeting with City staff, we understand the City would like to replace the existing water main and line the sanitary sewer main as has been done on past projects. As required by the City’s new Municipal Separate Storm Sewer System (MS4) Permit, issued by the Minnesota Pollution Control Agency (MPCA), the proposed improvements are anticipated to trigger permanent stormwater management requirements. Staff time is included in the proposal to review the new regulatory requirements, evaluate existing and proposed drainage/routing, perform modeling updates utilizing the Bassett Creek Watershed Management Commission (BCWMC) model, design stormwater features to meet the new requirements, and prepare needed permit applications. Sixty percent plans will be submitted for City review at the completion of preliminary design. SEH will prepare and submit a Feasibility Report and preliminary engineer’s estimate for the proposed improvements for the City’s review. Final Design, Plan Preparation and Bidding Assistance SEH will perform final design and prepare plans, specifications, and an updated Engineer’s Estimate for for the City’s review and approval as part of a 95% submittal. We anticipate including bid alternates for grouting or installing wye liners at each sanitary sewer service location as in past projects. Once approved, bidding documents would be uploaded for contractors to review and prepare their bids. SEH staff would assist in answering questions from prospective bidders and issue addenda to clarify the bidding documents if necessary. Our staff is also available to host/facilitate an electronic bid opening on QuestCDN as we have done on recent projects if needed. Mr. Jeff Oliver August 9, 2021 Page 4 PROJECT TEAM We are proposing a team with Scott Haupt as the Project Manager and Steve Prall as the Project Engineer, providing preliminary and final design along with technical production work. Brett Larsen will provide the geotechnical analysis and evaluation for the streets and utilities included in the project area. Design of drainage and stormwater management improvements and coordination with Bassett Creek Watershed Management Commission (BCMWC) will be performed by Emily Jennings. Erin Jordan will provide oversight of traffic and pedestrian improvements and attend meetings as needed. In addition, SEH has a team of technical experts in other disciplines that may be called upon to provide assistance and/or attend meetings as issues arise. SCHEDULE If approved, we anticipate beginning the preliminary survey and structure surveys as soon as the contract is signed and utility field markings have been completed. The subsurface soils investigation field work and survey would begin this fall. We expect the first open house would be held in the winter of 2021/2022, the second open house in the spring/summer of 2022, the feasibility report and public hearing anticipated for summer of 2022, with final design and plans following. Bidding could occur as early as late Fall 2022. COMPENSATION SEH proposes to be compensated for the scope of work proposed in the Agreement on an hourly basis. Compensation will be based on the hourly cost of personnel plus reimbursable expenses, including reproductions, mileage and equipment. We have estimated a not-to-exceed fee of $418,100 for the services described above. The task hour budget for each phase of the project is attached. The summary of engineering services is as follows: Preliminary Survey $ 33,900 Geotechnical Services and Drilling $ 27,500 Meetings and Public Involvement $ 66,700 Preliminary Design & Feasibility Report $ 122,100 Final Design & Bidding Document Preparation $ 167,900 Estimated Engineering Fees $ 418,100 This agreement is an understanding of the project to date. If this document satisfactorily sets forth your understanding of our agreement, please sign in the space below and return one copy to our office. We look forward to working with you, your staff and the community on this project, and appreciate the continued opportunity to work with the City of Golden Valley. Sincerely, SHORT ELLIOTT HENDRICKSON INC. Scott Haupt, PE (Lic. MN) Project Manager sh Enclosures 2023 PMP City of Golden Valley City Proj. No. 23-01 2023 PMP - Preliminary Survey & Data Collection Deliverables:Original Survey Data, Structure Survey Data, Gopher State One Call Mapping Task Project Manager Project Engineer Sr. Tech GIS Tech Lead Tech Land Surveyor Survey Crew Chief A.Data Gathering Obtain Photos of Project Area 4 Horizontal Control 8 Vertical Control 12 Corner/Monument Search 12 Topo-Profile-Cross Sections 72 GSOC Request for Field Markings & Utility Locate Meeting 1 2 Structure Surveys 20 4 20 Reduce Survey Data 4 6 Coordination 2 2 5 Survey Soil Borings 4 Travel 20 Locate Marked Utilities 16 Total hours 214 2 3 24 4 4 5 172 Project labor cost this phase $27,400 Equipment charges Mileage $400 Survey Truck and Equipment $6,100 Total project cost this task $33,900 Unique components or assumptions: Topographic survey & field work assumed to occur in Fall 2021. 7/27/2021 2:18 PM 1 of 7 S:\FJ\G\Goldv\Common\proposals\2023 PMP\2023 PMP Design Proposal.xls 2023 PMP City of Golden Valley City Proj. No. 23-01 2023 PMP - Geotechnical Services Deliverables:Geotechnical Report, Recommendations Task Project Manager Sr. Geotech Engineer Geotech Engineer Project Engineer Admin A.Geotechnical Investigation Coordination with Drilling Company 2 4 2 2 Staking and Utilities Clearance Coordination 6 Drill Soil Borings & Lab Testing (Subconsultant)2 Review Soil Samples & Assign Lab Tests 4 Review Final Boring Logs 4 B.Geotechnical Evaluation Subgrade Recommendations 8 Utility Recommendations 8 Geotechnical Report 4 20 8 4 Feasibility Report Support 4 Meetings (Internal & External)16 Plans and Specification Support 4 4 8 Total hours 114 6 8 84 10 6 Project labor cost this phase $18,300 Equipment charges Mileage $70 Other/subs $9,130 Total project cost this task $27,500 Unique components or assumptions: Drilling and laboratory testing will be subcontracted. Includes time for various geotechnical reviews for project features (roadway connections, etc.) Any debris impacted or potentially contaminated material discovered will be handled separately from this scope of work 7/27/2021 2:18 PM 2 of 7 S:\FJ\G\Goldv\Common\proposals\2023 PMP\2023 PMP Design Proposal.xls 2023 PMP City of Golden Valley City Proj. No. 23-01 2023 PMP - Meetings & Public Involvement Deliverables:Public Involvement Meetings, Exhibits, Design Coordination Meetings, GIS StoryMaps Task Traffic Engineer Water Resource Engineer Project Manager GIS Tech Graphic Designer Project Engineer Admin A. Public Involvement Project Area Neighborhood Open House (2 meetings)12 12 2 Additional Neighborhood Meetings (2 meetings) 8 16 16 2 B. Design Coordination Meetings Preliminary Design (3 meetings)2 16 24 24 4 StoryMap Preparation (2 meetings)4 8 4 Final Design (3 meetings)4 16 24 24 4 On-Site Drainage Design Walk-thru (1 meeting)8 8 On-Site Private Utility Meet (1 meeting)4 Private Utility Design Meeting (2 meetings)8 8 Special Design Issues Meeting (2 meetings) 4 8 16 8 Plan and Specification Review (1 meeting)4 8 C. Prepare Exhibits Prepare GIS StoryMaps (Preliminary & Final Design)4 24 8 Open Houses - Aerial Exhibits 4 4 8 Presentation Boards 4 16 8 Traffic Meetings 4 4 8 2 Design Meetings 16 12 16 2 Total hours 454 22 44 144 48 16 164 16 Project labor cost this phase $65,100 Equipment charges Mileage $1,100 Reproductions $500 Total project cost this task $66,700 Unique components or assumptions: Estimate includes revisions and printing of all presentation boards & providing City copies of all all boards & various exhibits illustrating technical supporting information 7/27/2021 2:18 PM 3 of 7 S:\FJ\G\Goldv\Common\proposals\2023 PMP\2023 PMP Design Proposal.xls 2023 PMP City of Golden Valley City Proj. No. 23-01 2023 PMP - Preliminary Design and Feasibility Report Preparation Deliverables:11x17 Exhibits for Report, Preliminary Design Sketches and Layouts, Feasibility Report, Preliminary Costs Task Sr. Water Resource Engineer Water Resource Engineer Project Manager Project Engineer Lead Tech Traffic Engineer Sr. Traffic Engineer Admin A. Preliminary Basemap Information gathering (GIS information, record plans, plats, etc.)4 12 Gopher State One Call coordination (obtain maps, draw into basemap)2 16 Preliminary basemapping (streets, utilities, R/W, etc.)2 20 16 Review photos and identify landscape features 2 24 8 B. Preliminary Roadway Design Prepare preliminary Typical Sections 4 12 Horizontal and geometric design 10 24 8 Alignments and profiles 12 20 80 Cross sections and earthwork 16 40 Preliminary construction limits 8 12 4 Impacts evaluation 8 16 C. Preliminary Drainage Design Identify preliminary drainage areas 24 8 Preliminary storm sewer design & create pipe networks 48 8 24 24 D. Stormwater Management Review regulatory requirements/WQV goals based on updated MS4 permit 1 4 Evaluate potential treatment options at 2 lots at Winnetka/23rd Ave 1 10 Existing drainage & BCWMC model review 8 Proposed drainage/routing review 8 Proposed Modeling - HydroCAD/BCWMC Truncated Model 2 20 E. Traffic Studies Review intersection geometrics & signage 2 4 8 Evaluate potential crosswalks/RRFB pedestrian flasher system at 23rd/Winnetka 2 4 8 F. Preliminary Utility Design Sanitary sewer 8 30 16 Water Main 8 30 16 G. Prepare Feasibility Report Prepare Draft Report 6 8 24 2 8 7/27/2021 2:18 PM 4 of 7 S:\FJ\G\Goldv\Common\proposals\2023 PMP\2023 PMP Design Proposal.xls 2023 PMP City of Golden Valley City Proj. No. 23-01 2023 PMP - Preliminary Design and Feasibility Report Preparation Deliverables:11x17 Exhibits for Report, Preliminary Design Sketches and Layouts, Feasibility Report, Preliminary Costs Task Sr. Water Resource Engineer Water Resource Engineer Project Manager Project Engineer Lead Tech Traffic Engineer Sr. Traffic Engineer Admin Prepare preliminary cost estimate 16 40 8 Prepare Report exhibits 6 24 Coordination with City 8 8 Address City comments & finalize Report 8 12 4 2 Total hours 890 4 128 142 328 252 18 8 10 Project labor cost this phase $121,700 Equipment charges Mileage $100 Reproductions & Miscellaneous $300 Total project cost this task $122,100 Unique components or assumptions: Scope of work for traffic will be determined by preliminary studies and investigations 7/27/2021 2:18 PM 5 of 7 S:\FJ\G\Goldv\Common\proposals\2023 PMP\2023 PMP Design Proposal.xls 2023 PMP City of Golden Valley City Proj. No. 23-01 2023 PMP - Final Design & Plan Preparation Deliverables:11"x17" Plans and Specifications for Review and Permit Applications, Plans and Specifications for Bidding, Engineers Estimate Task Sr. Water Resource Engineer Water Resource Engineer Sr. Traffic Engineer Project Manager Lead Tech Project Engineer Staff Engineer Admin A. Detail Design (Roadway) Finalize typical sections 1 4 8 Finalize horizontal and geometric design 4 8 16 Finalize centerline and curb profiles 8 8 16 Final cross sections including construction limits 8 16 24 Intersection Design 4 16 32 B. Final Drainage & Stormwater Treatment Design Prepare final storm sewer design 8 8 12 40 Finalize Stormwater Model 1 6 Evaluate intersection flooding considerations/analysis 2 20 Prepare BMP Plans & Details 2 12 8 16 Alternative Compliance 2 12 Stormwater Treatment Memo 2 12 C. Plan Preparation Title Sheet (1 sheet)6 Statement of Estimated Quantities 4 8 General Notes & Earthwork Summary 1 8 4 8 Details (10 sheets)2 2 4 12 Typical Sections (2 sheets)2 4 12 Tabulations (10 sheets)8 8 16 60 SWPPP & Erosion Control/Turf Establishment Sheets (8 sheets)4 4 6 24 Alignment Plan 2 8 RRFB Pedestrian Flasher System Plans & Details 12 Intersection Details & Ped Ramp Details (6 sheets)4 12 20 Grading Sheets, Plan and Profile (13 sheets)8 8 26 44 Utility Sheets, Plan and Profile (13 sheets)12 8 26 44 Storm Sheets, Plan and Profile (13 sheets)12 8 26 44 Cross Sections 12 24 8 40 Design coordination with City 12 8 Address City comments 4 4 16 8 Constructability Review 8 8 D. Engineers Estimate / Quantity Takeoff 12 8 16 60 7/27/2021 2:18 PM 6 of 7 S:\FJ\G\Goldv\Common\proposals\2023 PMP\2023 PMP Design Proposal.xls 2023 PMP City of Golden Valley City Proj. No. 23-01 2023 PMP - Final Design & Plan Preparation Deliverables:11"x17" Plans and Specifications for Review and Permit Applications, Plans and Specifications for Bidding, Engineers Estimate Task Sr. Water Resource Engineer Water Resource Engineer Sr. Traffic Engineer Project Manager Lead Tech Project Engineer Staff Engineer Admin E. Prepare Specification 4 4 16 40 12 F. Permit Preparation / Agency Coordination Prepare permit applications (BCWMC Erosion Control & Sediment, MN Dept. of Health) 12 4 12 G. Review Coordination 12 6 H. Bidding Assistance Respond to Contractor Questions 6 3 Prepare Addenda 8 4 4 Attend Virtual Bid Opening & Download Bidder's Submittals 1 2 Total hours 1265 9 96 16 181 162 369 414 18 Project labor cost this phase $163,000 Miscellaneous charges Reproductions $3,200 Permit Fees (BCWMC, MDH)$1,700 Total project cost this task $167,900 7/27/2021 2:18 PM 7 of 7 S:\FJ\G\Goldv\Common\proposals\2023 PMP\2023 PMP Design Proposal.xls EXHIBIT B LOCATION OF WORK Orkla DrWisconsin Ave N23rd Ave N Wynnwood Rd 25th Ave N Bies DrJonellen Ln Winnetka Ave NXylon Ave NValdersAve NValders Ave N23 rd Ave NCounty Rd 156Me dic ine La k e Rd County Rd 70 WinnetkaHeightsDr OrklaDrValdersCtValdersAve N24th Av e N WisconsinAveN I 0 250 500125 Feet Print Date: 8/25/2021Sources:-Hennepin County Surveyors Office for Property Lines (2020) & Aerial Photography (2018).-City of Golden Valley for all other layers.2023 PMP CIP Streets 2023, 1.27 miles local EXHIBIT C FEE SCHEDULE SHORT ELLIOTT HENDRICKSON INC. SEH HOURLY BILLABLE RATES – 2021 CLASSIFICATION - OFFICE STAFF BILLABLE RATE (1) Principal $170.00 - $270.00 Project Manager $140.00 - $240.00 Senior Project Specialist $135.00 - $220.00 Project Specialist $100.00 - $175.00 Senior Professional Engineer I $115.00 - $180.00 Senior Professional Engineer II $140.00 - $225.00 Professional Engineer $105.00 - $165.00 Graduate Engineer $85.00 - $135.00 Senior Architect $125.00 - $210.00 Architect $110.00 - $150.00 Graduate Architect $85.00 - $110.00 Senior Landscape Architect $115.00 - $170.00 Landscape Architect $95.00 - $125.00 Graduate Landscape Architect $85.00 - $100.00 Senior Scientist $130.00 - $170.00 Scientist $90.00 - $135.00 Graduate Scientist $80.00 - $105.00 Senior Planner $130.00 - $210.00 Planner $100.00 - $150.00 Graduate Planner $90.00 - $120.00 Senior GIS Analyst $110.00 - $175.00 GIS Analyst $100.00 - $120.00 Project Design Leader $120.00 - $185.00 Lead Technician $105.00 - $170.00 Senior Technician $90.00 - $135.00 Technician $65.00 - $115.00 Graphic Designer $90.00 - $145.00 Administrative Professional $55.00 - $130.00 CLASSIFICATION - FIELD STAFF BILLABLE RATE (1) Professional Land Surveyor $110.00 - $160.00 Lead Resident Project Representative $95.00 - $155.00 Senior Project Representative $90.00 - $135.00 Project Representative $75.00 - $125.00 Survey Crew Chief $85.00 - $135.00 Survey Instrument Operator $60.00 -$95.00 (1) The actual rate charged is dependent upon the hourly rate of the employee assigned to the project. The rates shown are subject to change. Effective: January 1, 2021 Expires: December 31, 2021 SHORT ELLIOTT HENDRICKSON INC. SEH SCHEDULE OF EXPENSES – 2021 Vehicle Mileage Rates 2021 IRS Rate .........................................................................................$0.56/mile Vehicle Allowance Costs Resident Project Representative ..........................................................$16.00/day Survey and Field Vehicle ............................................. $4.50/hour + $0.56/mile Survey Equipment Robotic Total Station ..........................................................................$30.00/hour Global Positioning System (GPS) ......................................................$30.00/hour Computer Equipment Computer Charges per Direct Hour of Labor .....................................$3.00/hour Other Equipment Expenses SEH uses many different types of equipment, such as traffic counters; flow meters; air, water, and soil sampling kits; inspection cameras; density meters; and many others. Our equipment is frequently upgraded to utilize current technology. You will be charged for equipment usage per your agreement with SEH. Rates are subject to change. IDENTIFIABLE REPRODUCTION AND REPROGRAPHIC COSTS (1) (2) Item 8½x11 11x17 Large Format Per Item Black/White Copy (3)0.07 0.24 0.95 + 0.50/sq. ft. Color Copy (3)0.46 1.02 0.95 + 2.55/sq. ft. Mylar 5.00 CD Copy 3.00 Lamination 2.00 3.50 3.50/sq. ft. Laminated Foamcore - up to 30”x42” - larger than 40”x60” 40.00 75.00 3-Ring Binder size cost 1”2”3”4” 3.20 4.80 5.60 7.24 Machine Folding 0.02 Binding - wire - comb 3.60 3.20 Covers - custom - blank 0.15 0.03 Tabs (white)0.20 Mailing/Processing UPS or USPS rates (1) prices include operator time (2) prices denote single-sided printing (3) standard stock, white paper used for pricing Prices are subject to change and may not be accompanied by immediate notification. Golden Valley City Council Meeting September 9, 2021 Agenda Item 3. D. 4. Resolution No. 21-65 Relating to the Financing of City’s 2023 Pavement Management Program Prepared By Sue Virnig, Finance Director Summary The following resolution will allow the city to be reimbursed for expenditures related to the 2023 City Pavement Management Program. This reimbursement agreement will allow the City to make expenditures for this project and then be reimbursed by the bond proceeds when issued. The set sale time will be after the construction bids are received for the project. Financial Or Budget Considerations The consideration of this agenda item will allow bond proceeds to pay for any allowed expenditure for the 2023 Pavement Management Program from this date forward. Recommended Action Motion to adopt Resolution No. 21-65 Relating to the Financing of City’s 2023 Pavement Management Program; Establishing Compliance with Reimbursement Bond Regulations under the Internal Revenue Code. Supporting Documents • Resolution No. 21-65 Relating to the Financing of City’s 2023 Pavement Management Program; Declaring the Official Intent to Reimburse Certain Capital Expenditures of the Project from the Proceeds of Tax-Exempt Bonds and Establishing Compliance with Reimbursement Bond Regulations under the Internal Revenue Code (2 pages) 513444v1 GL135-25 -1- RESOLUTION NO. 21-65 RESOLUTION RELATING TO THE FINANCING OF THE CITY’S 2023 PAVEMENT MANAGEMENT PROGRAM; DECLARING THE OFFICIAL INTENT TO REIMBURSE CERTAIN CAPITAL EXPENDITURES OF THE PROJECT FROM THE PROCEEDS OF TAX-EXEMPT BONDS AND ESTABLISHING COMPLIANCE WITH REIMBURSEMENT BOND REGULATIONS UNDER THE INTERNAL REVENUE CODE WHEREAS, the Internal Revenue Service has issued Treasury Regulations, Section 1.150-2 (the “Reimbursement Regulations”) under the Internal Revenue Code of 1986, as amended (the “Code”), providing that proceeds of tax-exempt bonds used to reimburse prior capital expenditures will not be deemed spent unless certain requirements are met; and WHEREAS, the City of Golden Valley, Minnesota, municipal corporation and a political subdivision of the State of Minnesota (the “City”), expects to incur certain expenditures that may be financed temporarily from sources other than tax-exempt bonds, and later reimbursed from the proceeds of tax-exempt bonds; and WHEREAS, the City has determined to make a declaration of its official intent (the “Declaration”) to reimburse certain capital costs from the proceeds derived from the sale of tax- exempt bonds issued by the City or another political subdivision in accordance with the Reimbursement Regulations. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF GOLDEN VALLEY, MINNESOTA AS FOLLOWS: 1. The City may incur certain capital expenditures in connection with the City’s 2023 Pavement Management Program as described in the attached Executive Summary For Action (collectively, the “Project”) which includes 23rd Avenue North, Xylon Avenue North to Winnetka Avenue North Wynnwood Road, Orkla Drive to Valders Avenue North Jonellen Lane, Bies Drive to Valders Avenue North 25th Avenue North, Orkla Drive to Valders Avenue North Wisconsin Avenue North, 23rd Avenue North to Orkla Drive Orkla Drive, Wynnwood Road to Medicine Lake Road Bies Drive, Wynnwood Road to 25th Avenue North Valders Avenue North, 23rd Avenue North to Wynnwood Road, Valders Avenue North, and Jonellen Lane to 25th Avenue North (collectively, the "Project"). 2. The City reasonably expects to reimburse the expenditures made for certain costs of the Project from the proceeds of tax-exempt bonds in a principal amount currently estimated not to exceed $3,950,000. All reimbursed expenditures related to the Project will be capital expenditures, costs of issuance of the tax-exempt bonds or other expenditures eligible for reimbursement under Section 1.150-2(d)(3) of the Reimbursement Regulations. 3. This Declaration has been made not later than 60 days after payment of any original expenditure to be subject to a reimbursement allocation with respect to the proceeds of tax-exempt bonds, except for the following expenditures: (a) costs of issuance of tax-exempt bonds; (b) costs in 513444v1 GL135-25 -2- an amount not in excess of the lesser of $100,000 or 5% of the proceeds of the tax-exempt bonds; or (c) “preliminary expenditures” up to an amount not in excess of 20% of the aggregate issue price of the tax-exempt bonds that are reasonably expected by the City to finance the Project. The term “preliminary expenditures” includes architectural, engineering, surveying, soil testing, bond issuance and similar costs that are incurred prior to commencement of acquisition, construction, or rehabilitation of the Project, excluding land acquisition, site preparation, and similar costs incident to commencement of construction. 4. A reimbursement allocation with respect to tax-exempt bonds will be made not later than 18 months after the later of: (i) the date the original expenditure is paid; or (ii) the date the Project is placed in service or abandoned, but in no event more than 3 years after the original expenditure. 5. This Declaration is an expression of the reasonable expectations of the City based on the facts and circumstances known to the City as of the date hereof. The anticipated original expenditures for the Project and the principal amount of the tax -exempt bonds described in paragraph 2 are consistent with the City’s budgetary and financial circumstances. No sources other than proceeds of tax -exempt bonds are reasonably expected to be reserved, allocated on a long-term basis, or otherwise set aside pursuant to the City’s budget or financial policies to pay such expenditures for which bonds are issued. 6. The action is intended to constitute a declaration of official intent for purposes of the Reimbursement Regulations. Adopted by the City Council of Golden Valley, Minnesota this 9th day of September, 2021. ____________ Shepard M. Harris, Mayor ATTEST: _____________________________ Theresa Schyma, City Clerk Golden Valley City Council Meeting September 9, 2021 Agenda Item 3. D. 5. Authorize Agreement for Professional Services for the Design and Coordination of Quite Zone Medians on Douglas Drive at the Canadian Pacific Railroad Crossing with WSB Engineering Prepared By Jeff Oliver, City Engineer Summary The use of whistles by trains at railroad crossings is required by federal law to minimize the risk of vehicle/train collisions at “at grade” railroad crossings. However, local units of government are allowed to establish Quite Zones where whistle use is not required, provided certain requirements are met. Among these requirements are medians and barriers, and crossing signals that restrict a vehicles ability to improperly enter a railroad crossing. During the design of the Douglas Drive reconstruction project, staff from Hennepin County and the City of Golden Valley, along with WSB Engineering (WSB the design consultant), worked closely with Canadian Pacific Railroad staff on the design of the crossing at the intersection of the railroad and Douglas Drive. The goal of the design was to provide a Quite Zone ready crossing with the establishment of the quite zone to occur at an undetermined later date. Over the last two years staff has received a number of requests from residents near the subject crossing to go through the process of establishing a quite zone. Staff requested a proposal from WSB to design and coordinate the establishment of the proposed quite zone. The proposed work includes coordination with CPRR, MNDOT Railroad Office and Hennepin County. The proposal also includes design work if the coordination meetings result in changes to medians or signal systems at the crossing. While no changes are anticipated, they may be required if the CPRR has shifted its policies on quite zones. The estimated cost to provide these services is not to exceed $23,510.00. However, if the approval process is expedited based upon work that occurred with the Douglas Drive design, the cost may be significantly reduced to be in the range of $12,000. If a quite zone is approved, it is important to note that approval will likely eliminate most of the whistles, but likely not all usage. The operating engineer of each train has the discretion to use its whistle if they perceive a potentially unsafe situation at the crossing. City Council Regular Meeting Executive Summary City of Golden Valley September 9, 2021 2 Financial Or Budget Considerations The costs for the proposed work is to be funded from Engineering Division’s Professional Services budget (1420.6340). Recommended Action Motion to authorize the Mayor and City Manager to execute an agreement to provide design and coordination services for Quite Zone medians on Douglas Drive at the Canadian Pacific Railroad Crossing Improvement Project 21-07, with WSB Engineering Incorporated, in the form approved by the City Attorney for a not to exceed amount of $23,510. Supporting Documents • Location Map (1 page) • Professional Services Agreement with WSB Engineering Incorporated (15 pages) I-169Hwy 100H w y 5 5 I-394 Site Glenwood AveDouglas Dr NWinnetka Ave NMedicine Lake Rd Duluth St Go l d e n V a lley Rd Location Map - Douglas Dr & CP RR Crossing 1 PROFESSIONAL SERVICES AGREEMENT SCOPE FOR DESIGN AND COORDINATION OF QUITE ZONE MEDIANS ON DOUGLAS DRIVE AT THE CANADIAN PACIFIC RAILROAD CROSSING THIS AGREEMENT is made this September 9, 2021 (“Effective Date”) by and between WSB Engineering a Minnesota corporation with its principal office at 701 Xenia Avenue South, Suite #300, Minneapolis, MN 55416 (“Consultant”), and the City of Golden Valley, Minnesota, a Minnesota municipal corporation located at 7800 Golden Valley Road, Golden Valley, MN 55427 (the “City”): RECITALS A. Consultant is engaged in the business of providing professional engineering consulting services. B. The City desires to hire Consultant to provide Design and Coordination Services for the Quiet Zone Medians on Douglas Drive at the Canadian Pacific Railroad Crossing 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”) at the locations depicted in the attached Exhibit B. Exhibits A and B 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 December 31, 2021, provided that the parties may extend the stated deadline upon mutual written agreement. This Agreement shall remain in force and effect commencing from the effective date and continuing until the completion of the project, unless terminated by the City or amended pursuant to the Agreement. 3. Consideration. The City shall pay Consultant for the Services on an hourly basis and for necessary out-of-pocket expenses at the rates set forth in Consultant’s fee schedule, attached hereto as Exhibit C. Consultant’s total compensation for the Services, including hourly fees and expenses, shall not exceed $23,510. 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 (30) days after Consultant’s statements are submitted. 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 hereof to the contrary, this Agreement may be terminated as follows: a. The parties, by mutual written agreement, may terminate this Agreement at any time; b. 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. 7. Amendments. No amendments may be made to this Agreement except in a writing signed by both parties. 8. 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. 9. 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. 10. 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 Consultant’s (or its subcontractors, agents, volunteers, members, invitees, representatives, or employees) negligent performance of the duties required by or arising from this Agreement, or caused in whole or in part by any negligent act or omission or willful misconduct by Consultant, or arising out of Consultant’s failure to obtain or maintain the insurance required by this Agreement. Nothing in this Agreement shall constitute a waiver or limitation of any immunity or limitation of liability to which the City is entitled. The parties agree that these indemnification obligations shall survive the completion or termination of this Agreement. 3 11. Insurance. Contractor shall maintain reasonable insurance coverage throughout this Agreement. Contractor agrees that before any work related to the approved project can be performed, Contractor shall maintain at a minimum: A. 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 of not less than: 1. $5,000,000 per claim 2. $5,000,000 annual aggregate Contractor shall provide the City with a current certificate of insurance including the following language: “The City of Golden Valley is named as an additional insured with respect to the commercial general liability, business automobile liability and umbrella or excess liability, as required by the contract. The umbrella or excess liability policy follows form on all underlying coverages.” Such certificate of liability insurance shall list the City as an additional insured and contain a statement that such policies of insurance shall not be canceled or amended unless 30 days’ written notice is provided to the City, or 10 days’ written notice in the case of non-payment. 4 12. 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. 13. 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. 14. Compliance with Laws. Consultant shall exercise due professional care to comply with applicable federal, state and local laws, rules, ordinances and regulations in effect as of the date Consultant agrees to provide the Services. Consultant’s guests, invitees, members, officers, officials, agents, employees, volunteers, representatives, and subcontractors shall abide by the City’s policies prohibiting sexual harassment and tobacco, drug, and alcohol use as defined on the City’s Tobacco, Drug, and Alcohol Policy, as well as all other reasonable work rules, safety rules, or policies, and procedures regulating the conduct of persons on City property, at all times while performing duties pursuant to this Agreement. Consultant agrees and understands that a violation of any of these policies, procedures, or rules constitutes a breach of the Agreement and sufficient grounds for immediate termination of the Agreement by the City. 15. 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. 16. Third Party Rights. The parties to this Agreement do not intend to confer any rights under this Agreement on any third party. 17. 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 5 parties to this Agreement waive any objection to the jurisdiction of these courts, whether based on convenience or otherwise. 18. 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. 19. 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. 20. 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. 21. 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. 22. 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, status with regard to public assistance, or religion. Violation of any part of this provision may lead to immediate termination of this Agreement. Consultant agrees to comply with Americans with Disabilities Act as amended (“ADA”), section 504 of the Rehabilitation Act of 1973, and the Minnesota Human Rights Act, Minnesota Statutes, Chapter 363A. Consultant agrees to hold harmless and indemnify the City from costs, including but not limited to damages, reasonable attorneys’ fees and staff time, in any action or proceeding brought alleging a violation of these laws by Consultant or its guests, invitees, members, officers, officials, agents, employees, volunteers, representatives and subcontractors. Upon request, Consultant shall provide accommodation to allow individuals with disabilities to participate in all Services 6 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. 23. Authorized Agents. The City’s authorized agent for purposes of administration of this contract is Jeff Oliver, City Engineer, or designee. Consultant’s authorized agent for purposes of administration of this contract is Jen Koehler, or designee who shall perform or supervise the performance of all Services. 24. Notices. Any notices permitted or required by this Agreement shall be deemed given when personally delivered or upon deposit in the United States mail, postage fully prepaid, certified, return receipt requested, addressed to: CONSULTANT THE CITY WSB Engineering Andrew Plowman, P.E. 701 Xenia Avenue South, #300 Minneapolis, MN 55416 aplowman@wsbeng.com City of Golden Valley Jeff Oliver 7800 Golden Valley Road Golden Valley, MN 55437 joliver@goldenvalleymn.gov or such other contact information as either party may provide to the other by notice given in accordance with this provision. 26. 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. 27. 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. 28. 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. 29. Publicity. At the City’s request, the City and Consultant shall develop language to use when discussing the Services. Consultant agrees that Consultant shall not release any publicity regarding the Services or the subject matter of this Agreement without prior consent from the City. Consultant shall not use the City’s logo or state that the City endorses its services without the City’s advanced written approval. 30. 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. 7 31. 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. 32. 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. 33. Recitals. The City and Consultant agree that the Recitals are true and correct and are fully incorporated into this Agreement. IN WITNESS WHEREOF, the City and Consultant have caused this Professional Services Agreement to be executed by their duly authorized representatives in duplicate on the respective dates indicated below. WSB ENGINEERING: CITY OF GOLDEN VALLEY: By: _________________________________ Name: ______________________________ Title: _______________________________ By: _________________________________ Shepard M. Harris, Mayor By: _________________________________ Timothy J. Cruikshank, City Manager 8 EXHIBIT A SCOPE OF SERVICES C:\Plots\GV - Quiet Zone Douglas\Douglas - CP QZ Proposal.docx701 XENIA AVENUE S | SUITE 300 | MINNEAPOLIS, MN | 55416 | 763.541.4800 | WSBENG.COMAugust 16, 2021 Mr. Jeff Oliver, PE Golden Valley City Engineer 7800 Golden Valley Road Golden Valley, MN 55427 Re: Scope for Design and Coordination of Quiet Zone Medians on Douglas Drive at the Canadian Pacific Railroad Crossing Dear Mr. Oliver: Enclosed you will find WSB’s proposal to coordinate and provide design plans for quiet zone compliant medians at the Douglas Drive – Canadian Pacific Railroad Crossing. It is figured the medians need to be extended approximately 70’ in each direction. Below is a summary of our proposed scope. Please feel free to review and provide feedback to us at your earliest convenience. CONSULTANT SERVICES Task 1 - Project Management 1.1 – Agency Coordination WSB will coordinate with the following agencies to ensure all approvals are met to create a quiet zone: Hennepin County Canadian Pacific Railroad MnDOT Railroad Office MnDOT State Aid 1.2 – Project Meetings WSB will lead and coordinate up to 8 agency meetings to discuss the project. They will include agenda and minutes for each meeting. Task 2 – Roadway Design 2.1 – Geometric Design WSB will complete the geometric design and provide figures to the review agencies. 2.2 – Hydraulic Design and Permitting WSB will review the hydraulics and permit requirements for extending the medians. They will provide a summary to the City and incorporate into the plan preparation. 2.3 – Plan Preparation WSB will develop the appropriate plan sheets and special provisions needed to approve and bid the project. Mr. Jeff Oliver, PE August 16, 2021 Page 2 C:\Plots\GV - Quiet Zone Douglas\Douglas - CP QZ Proposal.docx PROPOSED FEE We understand this project cost is based on cost plus fixed fee. We propose to complete this project for the below proposed fee below: Total Project Fee: ..............................................................................$23,510 I have attached a summary of our fees based upon the above scope of work. WSB will invoice the City of Golden Valley for the actual hours worked at each employee classification with the current WSB hourly rate up to the Total Project Fee. No work in excess of the Total Project Fee will be completed without prior written approval from the City of Golden Valley. It is understood that, depending on Canadian Pacific cooperation, the total fee may be significantly less than $23,510, probably in the range of $12,000. If the approval process is expedited, an amendment to this contract will be created to reflect a more accurate cost. This letter represents our understanding of the project scope. If you are in agreement, please sign on the space provided and return one original signed copy to us for our records. We will start immediately upon receipt of the signed agreement. Sincerely, WSB 8/15/2021 Task Description Estimated Hours Task Cost Project Manager Design Lead/Utility Coordinator Graduate Engineer CAD Technician/ Visualization Hydraulic Design Lead Hydraulic Design Support Total 1 Project Management 76 $13,052 1.1 Agency Coordination 24 16 40 $6,896 1.2 Meetings 24 8 4 36 $6,156 2 Roadway Design 84 $10,458 2.1 Geometric Design 4 8 12 $1,380 2.2 Hydraulic Design/Permitting 2 4 6 $816 2.3 Plan Preparation 4 12 24 24 2 66 $8,262 SUBTOTAL 52 40 36 24 2 6 $23,510 Labor Rates $192 $143 $101 $130 $174 $117 Labor Subtotal $9,984 $5,720 $3,636 $3,120 $348 $702 TOTAL ESTIMATED COST OF SERVICES $23,510 EXHIBIT B LOCATION OF WORK I-169Hwy 100H w y 5 5 I-394 Site Glenwood AveDouglas Dr NWinnetka Ave NMedicine Lake Rd Duluth St Go l d e n V a lley Rd Location Map - Douglas Dr & CP RR Crossing EXHIBIT C FEE SCHEDULE 2021 Rate Schedule WSBENG.COM Billing Rate/Hour PRINCIPAL | ASSOCIATE $154 - $197 SR. PROJECT MANAGER | SR. PROJECT ENGINEER $154 - $197 PROJECT MANAGER $137 - $152 PROJECT ENGINEER | GRADUATE ENGINEER $92 - $150 ENGINEERING TECHNICIAN | ENGINEERING SPECIALIST $59 - $148 LANDSCAPE ARCHITECT | SR. LANDSCAPE ARCHITECT $71 - $152 ENVIRONMENTAL SCIENTIST | SR. ENVIRONMENTAL SCIENTIST $59 - $147 PLANNER | SR. PLANNER $71 - $152 GIS SPECIALIST | SR. GIS SPECIALIST $71 - $152 CONSTRUCTION OBSERVER $95 - $121 SURVEY One-Person Crew $152 Two-Person Crew $199 Three-Person Crew $214 OFFICE TECHNICIAN $54 - $95 Costs associated with word processing, cell phones, reproduction of common correspondence, and mailing are included in the above hourly rates. Vehicle mileage is included in our billing rates [excluding geotechnical and construction materials testing (CMT) service rates]. Mileage can be charged separately, if specifically outlined by contract. | Reimbursable expenses include costs associated with plan, specification, and report reproduction; permit fees; delivery costs; etc. | Multiple rates illustrate the varying levels of experience within each category. | Rate Schedule is adjusted annually. Golden Valley City Council Meeting September 9, 2021 Agenda Item 3. E. 1. Approve Resolution No. 21-66 accepting $10,390.00 play structure equipment credit grant from the GameTime Cares grant program and Minnesota/Wisconsin Playground for the purchase of a new replacement play structure at South Tyrol Park. Prepared By Rick Birno, Director of Parks & Recreation Summary As adopted in the Donation/Gift Policy, 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. A cash donation must be acknowledged and accepted by motion with a simple majority. We have prepared the following resolution detailing the specific donor and their fiscal gift for your consideration. Staff is recommending the City Council to adopt Resolution accepting an equipment credit grant from the GameTime Cares grant program and Minnesota/Wisconsin Playground for the replacement of a new play structure at South Tyrol Park. If accepted by the City Council, staff will work with Minnesota/Wisconsin Playground to develop a number of design options for the neighborhood residents to select. Neighborhood input meeting and electronic selection option would be scheduled for early October 2021. The play structure selected by the South Tyrol Neighborhood would be scheduled for installation spring of 2022. Financial Or Budget Considerations Accept equipment credit grant in the amount of $10,390.00 Recommended Action Motion to approve Resolution No. 21-66 accepting a donation of an equipment credit grant in the amount of $10,390.00 from the GameTime Cares grant program and Minnesota/Wisconsin Playground for the purchase of a new replacement play structure at South Tyrol Park. Supporting Documents • Grant Award Certificate (1 page) • Resolution No. 21-66 (1 page) CERTIFICATE OF GRANT AWARD This certificate entitles ____________________________________________________________________________________________________________________________________ to a GameTime Cares™ Playground Grant Funding Award of ____________________________________________________________________________________________________________________________________. Funds must be claimed, and orders must be received no later than November 2, 2021, and must accompany a Tualifying play system purchase. Award may not be combined with any other order or special offer. Other terms and conditions apply. Contact your local GameTime representative at 00252440 for complete details about this grant award. _____________________________________________________________________ S. Spencer Cheak 1SFTJEFOU (BNF5JNF RESOLUTION NO. 21-66 RESOLUTION ACCEPTING AN EQUIPEMNT CREDIT GRANT FROM GAMETIME & MINNESOTA/WISCONSIN PLAYGROOUND FOR THE REPLACEMENT OF A NEW PLAY STRUCTURE AT SOUTH TYROL PARK 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. A cash donation must be acknowledged and accepted by motion with a simple majority. NOW, THEREFORE, BE IT RESOLVED that the City Council accept the following donation on behalf of its citizens: A $10,390.00 play structure equipment credit grant from the GameTime Cares grant program for the purchase of a new replacement play structure at South Tyrol Park. Adopted by the City Council of Golden Valley, Minnesota this 9th day of September, 2021. _____________________________ Shepard M. Harris, Mayor ATTEST: _____________________________ Theresa Schyma, City Clerk Golden Valley City Council Meeting September 9, 2021 Agenda Item 3. E. 2. Approve Resolution No. 21-67 Accepting Donation from Kate Richardson for $100 in the name of John Michael “Mike” Richardson Prepared By John Crelly, Fire Chief Summary The Fire Department received a $100 donation from Kate Richardson, in the name of John Michael “Mike” Richardson A resolution will need to be approved per Minnesota Statute 465.03 which allows cities to accept grants and donations of real or personal property. Financial Or Budget Considerations The donation of $100 will be used to provide the fire department with supplies to fight fires. Recommended Action Motion to adopt Resolution Accepting Donation from Kate Richardson, in the name of John Michael “Mike” Richardson Supporting Documents • Resolution No. 21-67 Approve Accepting Donation from Kate Richardson, in the name of John Michael “Mike” Richardson (1 page) RESOLUTION NO. 21-67 RESOLUTION ACCEPTING DONATION OF $100 FROM KATE RICHARDSON, IN THE NAME OF JOHN MICHAEL “MIKE” RICHARDSON 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. A cash donation must be acknowledged and accepted by motion with a simple majority, and WHEREAS, the donation of monies to help further the goodwill for the fire department, and NOW, THEREFORE, BE IT RESOLVED that the City Council accept the following donations on behalf of its citizens: $100 from Kate Richardson, in the name of John Michael “Mike” Richardson. Adopted by the City Council of Golden Valley, Minnesota this 9th day of September, 2021. _____________________________ Shepard M. Harris, Mayor ATTEST: _____________________________ Theresa Schyma, City Clerk Golden Valley City Council Meeting September 9, 2021 Agenda Item 3. E. 3. Approve Resolution No. 21-68 Accepting Donation from Ronald and Mary Werft for $500 in the name of retired firefighter Bernie Vrona Prepared By John Crelly, Fire Chief Summary The Fire Department received a $500 donation from Ronald and Mary Werft, in the name of retired Golden Valley firefighter Bernie Vrona A resolution will need to be approved per Minnesota Statute 465.03 which allows cities to accept grants and donations of real or personal property. Financial Or Budget Considerations The donation of $500 will be used to provide the fire department with supplies to fight fires. Recommended Action Motion to adopt Resolution No. 21-68 Accepting Donation from Ronald and Mary Werft, in the name of retired Golden Valley firefighter Bernie Vrona Supporting Documents • Resolution No. 21-68 Approve Accepting Donation from Ronald and Mary Werft, in the name of retired Golden Valley firefighter Bernie Vrona (1 page) RESOLUTION NO. 21-68 RESOLUTION ACCEPTING DONATION OF $500 FROM RONALD AND MARY WERFT, IN THE NAME OF RETIRED GOLDEN VALLEY FIREFIGHTER BERNIE VRONA 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. A cash donation must be acknowledged and accepted by motion with a simple majority, and WHEREAS, the donation of monies to help further the goodwill for the fire department, and NOW, THEREFORE, BE IT RESOLVED that the City Council accept the following donations on behalf of its citizens: $500 from Ronald and Mary Werft, in the name of retired Golden Valley Firefighter Bernie Vrona. Adopted by the City Council of Golden Valley, Minnesota this 9th day of September, 2021. _____________________________ Shepard M. Harris, Mayor ATTEST: _____________________________ Theresa Schyma, City Clerk G:\City Council agendas\Agenda Packets\2021\09-09-21\+-3F - Authorize Feasibility Study for Residential Street LIght District Regent Ave\3F1 - Exec Summary Adopt Feasibility Study Regent Avenue.docx Golden Valley City Council Meeting September 9, 2021 Agenda Item 3. F. Adopt Resolution No. 21-69 to Order Feasibility Study for Streetlight District for Regent Avenue North and Minnaqua Drive Prepared By Jeff Oliver, PE, City Engineer R.J. Kakach, PE, Assistant City Engineer Summary In the spring of 2021, a resident along Regent Avenue contacted City staff about installing streetlights along Regent Avenue north of Westbend Road. This section of Regent Avenue and Minnequa Avenue west of Regent Avenue do not have streetlights and are surrounded by neighboring Residential Streetlight Districts (RSLs). A new RSL is proposed along portions of these two streets. Residents along these portions of Regent Avenue and Minnaqua Avenue were included in a petition that was routed to 19 properties and returned to City staff. 16 properties signed the petition in favor of the new streetlight district. The next step in the process is to order a feasibility study and hold public hearings for the improvements and the assessments. Financial Or Budget Considerations None at this time. More information on financial and budget impacts will be determined as part of the feasibility study. Recommended Action Motion to adopt Resolution No. 21-69 Ordering Preparation of Feasibility Report for Residential Street Light District on Regent Avenue North and Minnaqua Drive Supporting Documents • Location Maps (1 page) • Resolution No. 21-69 Authorizing Preparation of the Feasibility Report for the Residential Street Light District on Regent Avenue North and Minnaqua Drive (1 page) !³ $+ $+ !³ !³ !³ !³ !³ $+ $+ $+ $+ $+ $+ $+ $+ $+ !$+ !$+ !$+ !$+ !$+Regent Ave NToledo Ave NWindsor WayWestbend Rd M innaqua DrScott Ave NB assett Creek D r2021 2434 50502405 4925497523555005 505524102285 5100 226051105120 4930512651302244 2225 4940 2200 2201 22002201 2160 2157 216021202157 2144 2143 21442115 2115 21312132 213221502101 21172120 22245101 22242223 5125 5129 21205000211021492107211021042145 2100 2100 49202141 2030 4981 49552021 49452011 0 150 30075Feetby the City of Golden Valley, 6/25/2021 I Street Light Proposal Light Fixture $+Existing Decorative !³Existing Cobra Head !$+Proposed Decorative Street Lighting District Existing Street Light District New District RESOLUTION NO. 21-69 RESOLUTION ORDERING PREPARATION OF FEASIBILITY REPORT FOR CITY IMPROVEMENT PROJECT FOR RESIDENTIAL STREET LIGHT DISTRICT ON REGENT AVENUE NORTH AND MINNAQUA DRIVE WHEREAS, it is proposed to install new street lights and to assess the benefited properties pursuant to Minnesota Statutes Chapter 429 along Regent Avenue and Minnaqua Drive: 2101 Regent Ave N 2225 Regent Ave N 2115 Regent Ave N 2244 Regent Ave N 2120 Regent Ave N 2260 Regent Ave N 2132 Regent Ave N 5100 Minnaqua Dr 2144 Regent Ave N 5101 Minnaqua Dr 2157 Regent Ave N 5110 Minnaqua Dr 2160 Regent Ave N 5120 Minnaqua Dr 2200 Regent Ave N 5125 Minnaqua Dr 2201 Regent Ave N 5126 Minnaqua Dr 2224 Regent Ave N NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Golden Valley, Minnesota that the proposed improvements be referred to the City Engineer for study and that he is instructed to report to the Council with all convenient speed advising the Council in a preliminary way as to whether the proposed improvements are feasible and as to whether they should best be made as proposed or in connection with some other improvements, and the estimated cost of the improvements as recommended. Passed by the City Council of Golden Valley, Minnesota this 9th day of September 2021. Shepard Harris, Mayor ATTEST: _____________________________ Theresa Schyma, City Clerk Golden Valley City Council Meeting September 9, 2021 Agenda Item 4. A. Formal Public Hearing – Preliminary Plan for Golden Valley Country Club Villas PUD No. 126 – 7001 Golden Valley Road Prepared By Myles Campbell, Planner Jason Zimmerman, planning Manager Summary Ron Clark Construction is seeking approval of a Planning Unit Development (PUD) to construct seven new single-family homes on the northwest-most portion of the Golden Valley Country Club property located at 7001 Golden Valley Road. The PUD would provide flexibility from the subdivision and zoning codes in regard to lot size, building setbacks, and right-of-way width for the proposed roadway. The applicant has stated that these flexibilities are necessary to cluster the 7-home development more tightly, in order to push them back from existing homes along Pennsylvania, preserve more open space across the PUD, and to keep the homes further set back from Bassett Creek. A copy of the preliminary site plan is included with this executive summary. Additional information on the background of this request, the existing site conditions, and the City’s Planned Unit Development procedure can be found in the attached staff memo to the Planning Commission. This summary will focus on the preliminary proposal and the principal areas of discussion highlighted by staff, Planning Commission, and neighboring property owners thus far. City Council Regular Meeting Executive Summary City of Golden Valley September 9, 2021 2 Proposal The applicant is seeking to build seven single-family homes on the 2.25 acre site. The preliminary plan also includes 3 outlots, which serve as open space and areas where underground stormwater storage tanks would be located. Homes would have two stories: a main level visible from the existing right-of-way and a lower level that would face towards the Country Club and Bassett Creek. Each home would also include an attached garage supporting two to three cars and storage, either a side-by-side or tandem-style garage. Concept floorplans are included in the attachments. The City Code does not require any architectural or material standards for R-1 zoned properties, but they have occasionally been included as conditions of approval in previous PUDs. The average lot size among the 5 homes is 7,788 sq. ft. which is less than the minimum 10,000 required by City Code. Despite the smaller lot size and reduced setbacks in- between homes, this development would still fall within the guided density ranges from the Comprehensive Plan for low-density residential (<5 units per acre). This is due to shifting the excess open space from individual lots to the outlots within the PUD. The applicant has stated these homes are in part being marketed as low-maintenance options for a person who wants to live in a single-family home in Golden Valley, but without some of the upkeep and maintenance that come with larger individual yards. In addition, a Home Owner’s Association would be utilized to manage common areas, lawn and landscaping care, snow removal for driveways and private walks, and maintenance of private utilities. In order to create an additional buffer between the new homes and those existing in the neighborhood, the preliminary plan shows a new roadway running through the site. Pushing the homes off Pennsylvania (as would occur under traditional subdivision) was a goal of the project, in order to decrease impacts on neighbors and to bring individual driveway curb cuts off the busier street. The added buffer provided by Outlot A would also offset the reduced front setbacks for the seven lots (23’ to the curb). If constructed to meet City Code and engineering standards, the street would be considered public and could therefore be maintained by the City in terms of snow removal, sweeping, repaving, etc. The watermain, sanitary sewer, and storm sewers located under the public street, as well as any street lighting serving the development, could also be owned and maintained by the City if constructed to meet city standards. Outlot A is one of the principal preserved open spaces within the PUD, providing both space for public amenities and landscaping on the corner of the intersection, and also containing one of the principal underground stormwater management systems for the development. Public amenities being pursued here (public art, bike/ped facilities) were not shown in the preliminary plan set, as the applicant wanted to get additional feedback from Planning Commission and Council as to their design. Provision of more details on these amenities is a condition recommended by staff for the Preliminary Plan approval. 1 2 3 4 5 6 7 A B C City Council Regular Meeting Executive Summary City of Golden Valley September 9, 2021 3 Areas of Requested Flexibility Public Amenities The PUD Public Amenity Point System was added to the City’s PUD requirements in 2015 to better quantify the values of various public amenities that could be provided by an applicant in order to balance concessions from the zoning and subdivision code allowed by the City. In order to meet the requirement, a PUD must provide one or more amenities whose value adds up to at least 5 points. The table below outlines the Amenities identified by the applicant, their value, and any suggested modifications to points provided by staff. Amenity Description Code Value Proposed Amenity Public Art - The art shall be maintained in good order for the life of the principal structure. The art shall be located where it is highly visible to the public. If located indoors, such space shall be clearly visible and easily accessible from adjacent sidewalks or streets. 3 Plaque or other installation on Outlot A that would provide details on local history: Bassett Creek, Country Club, Golden Valley, Indigenous Community. No exact details yet provided by applicant; seeking R-1 District Proposed PUD Subdivision Requirements Minimum Lot Area 10,000 sq. ft. Varies, lot 7 exceeds minimum, lots 1-6 are under. Minimum area is lot 3 at 5,992 sq. ft. Minimum Lot Width 80’, 100’ for corner lots Varies, minimum is lot 6 at 33’ Minimum Right-of- way Width 60’ 40’ District Standards Front yard setback 35’, 30’ for open porch 23’ from curb for all lots, setback from property line varies but minimum is 15.5’ for lot 6 Side yard setback 15’ for lots over 100 feet 12.5’ for lots 65-100 feet Under 65 foot lots: 10% lot width on North & West 20% lot width on South & East No less than 5’ on either side 5’ Side-Street Setback 35’ cannot reduce building envelope to less than 27’ 10’ Rear yard setback 25’ 20’ Side Wall Articulation Side wall longer than 32’ in length must be articulated, with a shift of at least two feet in depth, for at least eight feet in length, for every 32’ of wall. No articulation indicated. City Council Regular Meeting Executive Summary City of Golden Valley September 9, 2021 4 Planning Commission and Council feedback. Enhanced bicycle and pedestrian facilities - Eligible facilities may include a combination of the following: heated transit shelter, bicycle repair tools, rest area, wayfinding signs, sheltered walkway, woonerf, and other amenities that increase the convenience and encourage the use of public walkways and bikeways beyond what is otherwise required in the underlying zoning district. 2 Rest area on Outlot A. Benches and bike racks for people using the public sidewalk or future bike route. No exact details yet provided by applicant; seeking Planning Commission and Council feedback. Electric car charging station - An electric vehicle charging station accessible to residents, employees, and/or the public providing connections at the rate of five percent of the required parking spaces. 1 2 homes would have electric vehicle stations installed already, the remaining homes would have the stations roughed in but not installed (able to be added by future owner). 2 homes exceeds the 5% of minimum required parking (2 spaces per dwelling, 5% of 14 spaces is 1 space rounded up). Green Path Advanced Certification - Homes would be constructed to the energy and environmental standards of the Minnesota Green Path Advanced Certification Program. Petitioned Amenity – 2 points requested Additional details on the program are provided by the applicant and are attached to this memo. Generally, the Advanced Certification states to be 50% more energy efficient than a typical new build home today, and the homes shown in the preliminary plan would also qualify for LEED Silver. City currently only awards 3 points to LEED Gold and 4 points for LEED Platinum. Based on the code’s amenity point values, and the two points requested by the applicant, the combination of the above would be worth a total of eight points. Staff would suggest that given the proposed scale and budget of the public art it may be worth only two points. This would still leave the applicant at over the five points required. Plans do not currently reflect either the art or bicycle amenities, due in part to staff requesting these amenities be included after the original submittal. Staff agrees with these amenities in their concept however – the two in conjunction with quality landscaping on Outlot A should make for a quality rest area either for bikers or pedestrians travelling in the area. However, a final judgement on the amenity value of these items is highly dependent on what is shown in the Final PUD Plan. Staff generally feels that the Greenpath certification, while valued as an addition to the PUD, misses some of the Planning Commission and City Council intention with the PUD ordinance. The ordinance does award 4 points for LEED Platinum and 3 for Gold, however no points are automatically awarded for City Council Regular Meeting Executive Summary City of Golden Valley September 9, 2021 5 LEED Silver or certified levels of certification. The Advanced Greenpath Certification is roughly equivalent to the LEED Silver standard, and staff would feel most comfortable awarding only one additional point. With this change, the applicant would still have in excess of five amenity points. Discussion at Planning Commission The staff memo to Planning Commission as well as the relevant minutes from the informal public hearing are provided for the City Council to review in full. At its meeting on August 23rd, 2021 the Planning Commission held an informal public hearing on the Preliminary PUD Plan. The meeting did have a handful of residents provide comment in person, as well as one person providing written comment. After presentations by staff and the applicant, and their own discussion, Planning Commission voted unanimously to recommend denial of the application to City Council, 6-0. The Commissioners referred to the findings listed in section 113-123 (c)(2) and found the application specifically lacking in terms of quality site planning, preservation, and general health. A number of issues were discussed at greater length by the Commission. Tree Preservation and Replacement Staff highlighted that the Preliminary PUD Plan would involve the removal of the majority of trees on the site, and that the required replacement for those trees was not being met on-site. The plans instead call for a fee of over $40,000 to be dedicated to the City for use in its own replanting efforts city-wide. The plan noted that the existing trees are not currently maintained by the golf course and are overgrown in areas. Commissioners were very critical of the loss of trees on this site, regardless of their existing lack of maintenance and care. They asked to see additional trees replanted on-site, and especially in areas that would benefit and provide screening for adjacent properties. Discussion around the existing Black Locust trees was divided, with the developer pointing out that these are considered “noxious” and non-native to Minnesota by the State Department of Agriculture, and Commissioners taking the stance that their loss would still impact stormwater runoff and the health benefits of any other tree. Staff confirmed the noxious tree designation after the meeting. While Black Locusts are still considered a significant tree under City Code, and therefore requiring replacement if removed, environmental staff are supportive of seeing a greater species diversity on the site. Stormwater Management Commissioners were unsupportive of the existing plans to provide stormwater management for the new homes via underground storage tanks. They stated a preference to see more of the surface water runoff managed via an above-ground and green treatment option, such as a pond or rain gardens. Commissioners did not believe that the storage tanks on Outlot A (the area of highest elevation in the PUD) would be able to adequately intake runoff from the homes and the street as it sloped down towards the south. While City staff typically prefers the use of above-ground stormwater treatment, due to the benefits it provides beyond retention (water quality, habitat, natural amenity) it is not a hard requirement for a PUD, unless the applicant is specifically seeking amenity points towards “innovative stormwater management.” The applicant noted that in the case of both storage tanks on Outlots A & C, their civil City Council Regular Meeting Executive Summary City of Golden Valley September 9, 2021 6 engineer had tested the use of an above-ground pond but found the option was not feasible. For Outlot A, given the depth of the pond needed, almost the entire outlot would be covered by the pond (requiring the removal of most trees providing screening), and in the case of Outlot C, a pond would require an engineered retaining wall that would fall within the 50’ shoreland setback of Bassett Creek. One note from staff is that the stormwater management plans were prepared by a licensed civil engineer and reviewed for accuracy by City Engineering staff. The plans as provided would provide functional runoff management, with no net increase in the rate or volume of runoff compared to the existing site. Public Amenities While Commissioners noted that the proposed public amenities would meet the code requirements of at least five amenity points as part of the PUD, they felt these amenities were lackluster. In regards to the public art, Commissioners felt that the proposed plaques did not fit the intention of the amenity language and that they were of low value to the City and neighborhood. Commissioners also questioned the need for bicycle facilities along Pennsylvania. Staff have confirmed that Pennsylvania is a signed bike route, as identified on the City’s Bicycle and Pedestrian Plan. While potentially not necessary to meet the 5-popint threshold, Commissioners were unsupportive of the petition regarding GreenPath Certification for the new homes. Commissioners noted that they would expect most homes priced above a million dollars to have the energy efficiencies demonstrated by the certification, and noted that the City’s amenity system identified two other energy classifications: LEED Gold and Platinum, which would provide a greater level of environmental efficiency. One suggestion made by both the Planning Commission and the neighbors in attendance, would be to improve the pedestrian amenity feature by incorporating some type of overlook to the rest area, either for Bassett Creek or the golf course itself. Another area of discussion was the provision of a sidewalk along Plymouth; however, a sidewalk is not indicated on this segment in the City’s Bicycle and Pedestrian Plan. Plymouth Ave to the east of the site jogs in and out of the public ROW and country club property, and further along the street would not connect to any other pedestrian systems to the east. Shoreland Protection Planning Commissioners had concerns about the impacts on Bassett Creek the development might have, especially in regard to stormwater runoff and the replacement of vegetation within the shoreland area. Commissioners had questions as to why the plat excluded the area around Bassett Creek and what conditions might be feasible to ensure that the new homes would not otherwise impact the water body. Staff’s suggestion then had been to either plat the property to the centerline of the creek, which is the city’s typical subdivision practice, or to place a conservation easement on the area between the creek and the new development. During subsequent conversations, representatives of the Golden Valley Country Club have opposed extending the plat to the centerline of the creek or dedicating a conservation easement to fill the gap, believing it to be unnecessary and an imposition on golf course operations. In response, staff offer the following justification for the use of a conservation easement: City Council Regular Meeting Executive Summary City of Golden Valley September 9, 2021 7 a. The purpose and intent of the Shoreland Overlay (in this case 300 feet from Bassett Creek) is to regulate the subdivision, use, and development of the shorelands of public waters and for purposes of preserving and enhancing the quality of surface waters, preserving the economic and natural environmental values of shorelands, and providing for the wise utilization of waters and related land resources. b. The developer is proposing to clear cut the vast majority of trees in an identified woodland; encroach upon steep slopes; fill, grade, and steepen the existing natural slopes; and construct all stormwater treatment facilities under-ground without the multiple benefits discussed above. These are significant impacts to the shoreland area and potentially to public water (Bassett Creek). In addition, the developer has elected not to plat the land up to the centerline of the creek in an efficient and orderly manner (as is typically seen by the City and DNR staff), but instead leave a strip that will not be controlled or used by the new development and its HOA. While the Developer may not be required to plat up to the centerline of the creek, this situation will likely create ownership, management, encroachment/trespass, and environmental protection issues now or in the future if and when land is further subdivided. c. Developers typically provide mitigation or protection measures when there are significant impacts to the shoreland area to maintain consistency with the purpose and intent of the ordinance. d. A conservation easement is a common tool used by developers and property owners, and supported by staff, that can help preserve and protect environmentally-sensitive site features such as riparian buffers, steep slopes, valuable (mature) trees, floodplains and their natural and beneficial functions, wetlands, woodlands and erodible soils. Conservation easements can help mitigate impacts within the shoreland area, ensuring preservation, restoration and protection of the critical areas. Staff Analysis and Evaluation Planning, Fire, and Engineering staff have reviewed the proposal and have had a number of discussions with the applicant to recommend revisions and modifications as the plans move towards Final PUD submission. While much progress has been made, there are still key areas that need to be addressed in order to meet the findings required for a Final PUD Plan Approval. A number of these areas overlap with the concerns raised by Planning Commission at their last meeting, although staff and Planning Commission ultimately disagreed on whether the plans were sufficient for Preliminary Plan Approval. The conditions recommended by staff in large part are in place to address the areas where it is felt additional work is needed: tree replacement, native landscaping, protection of fragile shoreland areas, and efficient land use in regards to site platting. One area of consideration from staff that was not discussed by Planning Commission was the use of Outlot B. The outlot is shown on the plans as being maintained as open space, with some trees being replanted along the boulevard, and otherwise using Kentucky bluegrass sod. Staff has encouraged the applicant to either develop a plan for the efficient use of the outlot (stormwater, public amenity, native landscaping) or to otherwise remove it from the PUD. At this point, the applicant intends to remove Outlot B from the Final PUD plans. Staff remains comfortable with the overall preliminary plan, being supportive of the decision to push these homes back from Pennsylvania, and clustering them closer together to preserve larger areas of City Council Regular Meeting Executive Summary City of Golden Valley September 9, 2021 8 open space. While there remain questions as to the design and function of the Public Amenities proposed, staff generally supports the idea of creating a small rest area that is in scale with the surrounding neighborhood. Additional work is needed in regards to tree replacement and landscaping, especially within the shoreland area, but staff feels the applicant is working towards these items in a productive fashion. The initial recommended conditions of approval provide a path to a Final PUD Plan that not only meets staff’s comments, but also most if not all of the areas of concern raised by Planning Commission. That said, staff is somewhat reluctant to encourage approval of the Preliminary Plan given the unanimous nature of Planning Commission’s recommendation to deny. While if approved the PUD would return to Planning Commission during the Final PUD round, the Council may feel that returning the item to Planning Commission now for additional discussion and revisions is better procedural practice. In that case, staff would recommend that the Council be clear in its priorities for the PUD plans that they wish to provide to both the applicant and to the Planning Commission. Findings In order to approve or deny the Preliminary PUD, the City Council must be able to make findings that support its position. The following findings were initially drafted to support approval and could be used if a vote to approve the Preliminary PUD is advanced: Quality Site Planning. The PUD plan must be tailored to the specific characteristics of the site and achieve a higher quality of site planning and design than generally expected under conventional provisions of the zoning chapter. The applicant has done has good job thus far in developing a site plan to provide a higher quality project than what would be feasible under code in regards to impacts on the surrounding properties. In the case of impacts to neighbors, this has been mitigated by having individual lot access be pulled off of Pennsylvania and Plymouth through the use of a new local street. In addition, homes have been planned to appear as 1-story from existing ROW, but utilize the site’s topography to provide lower level living area for future residents. In addition, the rest area included as part of Outlot A, and the amenities proposed for that area seem like a welcome inclusion to the neighborhood and for bike/ped users of Pennsylvania Ave. The amenities proposed are in scale with the neighborhood, and the bike amenities in particular would be of benefit along a future bike route identified by the City. Additional details on these features is a condition of the Preliminary PUD approval, in order to better determine the value of the public amenities. Staff also have some questions as to the long-term purpose of Outlot B, which currently is proposed to be re-sodded, with some trees added along the boulevard. While preservation of open space is consistently a goal of the Comprehensive Plan, open space that is private and without native vegetation has limited impacts or public benefit. As a condition of approval, staff is asking the applicant to provide a plan for the outlot, to demonstrate either a capacity to serve necessary underground utilities, provide natural habitat, or otherwise remove the outlot from the PUD Plan. Preservation. The PUD plan must preserve and protect 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. City Council Regular Meeting Executive Summary City of Golden Valley September 9, 2021 9 Protection of Bassett Creek is evident from the layout of the plan, as well as being demonstrated in the proposed storm water management plan. Based on city code and the comprehensive plan, environmental staff’s preference is for storm water to be managed above-ground with green infrastructure as an amenity to the site, this is due to the additional benefits of improved air quality, water quality, natural aesthetics, and providing wildlife habitat. However if not feasible, then some of the same intents can be met by the inclusion of additional native vegetation and pollinator habitat in the area that the underground storage tanks will be located, and additional vegetation preservation and enhancement within permanent conservation easements near Bassett Creek. No structures are currently proposed within the required shoreland setbacks from Bassett Creek, and additional review of clearing, filling and grading work by the BCWMC should help to further ensure that the Creek, the most critical natural amenity in the immediate area, is protected from any negative impacts during construction. Staff has also requested additional information on how shoreland requirements are being managed as part of the Final PUD Plan. An area that must be addressed is the overall reduction in trees on the site in the proposed landscaping plan. The vast majority of significant trees are being removed, as well as all four of the legacy trees. While the applicant is attempting to meet the tree mitigation replanting requirements, in part by providing upwards of $40,000 or more in tree replacement fees that could be utilized in other parts of the City, the city code prioritizes replanting trees within the PUD. The area around Bassett Creek has been identified in the Comprehensive Plan’s Parks and Natural Resources Chapter as a Green Corridor, and as such additional trees, native vegetation, and low-maintenance grasses will be a condition of the Preliminary plan’s approval. Efficient; Effective. The PUD plan must include efficient and effective use of the land (which includes preservation). Given the proximity to Bassett Creek, the decision to cluster homes closer together and provide larger sections of open space makes sense, although staff would like to see additional native vegetation and trees reintroduced into those open space areas. Pulling the homes off of Pennsylvania does require a new street to be used to provide lot access, however this does provide a benefit to existing homes, buffering them slightly from the new homes and including the public rest area on the intersection corner. A separate street also reduces the overall number of potential curb cuts along Pennsylvania, which would be the higher volume street comparatively. As noted above, staff is recommending a condition to better define the purpose of Outlot B as part of an efficient land use plan. Consistency. The PUD plan must result in development that is compatible with adjacent uses and consistent with the Comprehensive Plan and redevelopment plans and goals. In terms of consistency with adjacent uses, staff finds the Preliminary Plan to fit well. Other than the Country Club, the site is surrounded by single-family zoned properties. Existing lots in the area range in width from 60-100+ feet, and while these new homes would have reduced setbacks from one another, the PUD overall would represent a housing unit density City Council Regular Meeting Executive Summary City of Golden Valley September 9, 2021 10 of just over three units per acre. Within the 1-4 units guided by the Low Density Land Use Category and comparable to that of the surrounding area. Staff generally finds the proposal consistent with Comprehensive Plan. Given that the Golf Course was not discussed for redevelopment as part of the Comprehensive Plan, staff is instead reliant on that document’s Goals and Policies. 1. Land Use, Goal 4, Objective 1.4 - Work with developers to provide permanent open space and park areas in development plans and to integrate native species 2. Land Use, Goal 4, Objective 2.3 - Use Planned Unit Developments to allow for flexibility in site design when needed to preserve vegetation or other sensitive site features or to re- introduce natural areas 3. Housing, Goal 2 - Expand the variety of housing types and designs to allow all people a housing choice for all life stages and all economic means 4. Housing, Goal 4, Objective 1 - Ensure new housing developments meet or exceed energy efficiency standards, and implement sustainable design features where possible 5. Parks & Natural Resources, Goal 3, Objective 1.2 - Review development proposals for conformance with ordinances regarding tree preservation, water quality, wetland protection and mitigation, and shoreland protection 6. Water Resources, Goal 1, Objective 3.2 - Minimize the rate and volume of stormwater runoff entering Bassett Creek 7. Water Resources, Goal 4, Objective 1.3 - Regulate stormwater runoff discharges and volumes to minimize flood risk, flood damages, and the future costs of stormwater management systems One area where staff would like to see improvements made is again in regard to tree replacement within the PUD. While fee in lieu of replanting is an option provided by our tree and landscaping code, providing additional trees on-site is consistently a theme in all of the above Comprehensive Plan chapters. General Health. The PUD plan must be consistent with preserving and improving the general health, safety, and welfare of the people of the city. As noted above, the planned storm water management for the site would result in no net increase in surface water runoff compared to the existing conditions, both in regards to rate and volume of runoff. Additional conditions aimed at preserving the water quality of the Creek, such as shoreland restrictions have been included with this Preliminary PUD to further ensure that water quality is not impacted. The new street has the benefit of reducing the number of individual access drives, compared to a traditional subdivision. Instead of 5 or 6 unique drives along Pennsylvania, which slopes steeply downwards after the intersection limiting visibility, only a single curb cut will be in place for the new street. This should reduce the amount of places that vehicles can turn along the road, leading to less opportunity for accidents. Pushing the homes themselves further off of Pennsylvania should also be of benefit to those existing homes, providing a buffer between them. While setbacks and lot sizes would be given some flexibility from code, the proposed homes would be limited to a main and lower level, further mitigating impacts on surrounding neighbors. City Council Regular Meeting Executive Summary City of Golden Valley September 9, 2021 11 Meets Requirements. The PUD plan must meet the intent and purpose provisions of Section 113-123 as well as all other provisions. The purpose and intent of the Planned Unit Development code chapter reads, “It is the intent of this section to provide an optional method of regulating land use which permits flexibility from the other provisions of the City Code, including flexibility 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.” Generally, staff feels the preliminary plans for this development follow the intent of the PUD code. Areas where flexibilities are being requested (setbacks, ROW, lot size) are all allowed under the PUD code, and the amenities being proposed are consistent with those highlighted by the City, such as public art and electric vehicle charging stations. Staff still has some areas in which they feel more information is necessary, notably in regard to added landscaping, shoreland demarcation, and the use of Outlot B. Staff does however feel comfortable with conditioning the approval of the Preliminary Plan on the submittal of this information, and addressing these outlying questions prior to the submittal of the Final Plan. Financial Or Budget Considerations Not applicable. Recommended Action The City Council may move to send the item back to the Planning Commission in order to facilitate additional discussion with the applicant and consider revisions to the Preliminary PUD Plan. Should the City Council move to deny the Preliminary Plan, revised findings to support that position would need to be developed and included with the record. Should the City Council move to approve the Preliminary Plan for Golden Valley Country Club Villas PUD No. 126, based on the findings above, staff recommends the approval be subject to the following conditions: 1. Final PUD Plans shall include details on the location, design, and other relevant features of the public amenities being provided, including the public art, pedestrian & bicycle facilities, and electric vehicle charging stations. a. Details on the final design or content of the public art may be waived until such time as the nearby community has been consulted. 2. Final PUD Plans shall be updated to provide individual lot coverage calculations in order to determine the degree of flexibility being provided from R-1 district requirements 3. Final PUD Plans shall provide details on the maximum height of the proposed structures to determine any flexibilities from the City’s Building Envelope requirements. 4. The required park dedication fee shall be paid prior to the release of the final plat. 5. Landscaping must include native vegetation and low maintenance turf alternatives to sod wherever possible, and especially in common areas, on slopes, and in low-use areas. Sod should be avoided within the 50 foot shoreland setback areas and shall not be permitted in any areas covered by conservation easement City Council Regular Meeting Executive Summary City of Golden Valley September 9, 2021 12 6. Applicant shall provide a copy of the engineered irrigation plan mentioned in their application with the Final PUD Plan. 7. The stub of the public road serving lots 6&7 should be removed and converted to private access of some form for these lots. 8. Overhead power adjacent to and within development must be buried as well as all utilities serving the site; joint trench is preferred to maximize efficient use of right-of-way. 9. Sanitary sewer main in Pennsylvania Avenue must be lined for I&I compliance and any existing sanitary sewer stubs to the site must be abandoned. 10. Final PUD Plans must identify and show all existing and proposed steep slope and bluff areas within the shoreland area and establish a minimum setback from such areas to the proposed homes, or otherwise provide an alternative plan to mitigate impacts. 11. Areas of the PUD within 300’ of Bassett Creek must provide a minimum 50% open space. 12. Dedicate conservation easements over shoreland setback areas, steeper slopes, and higher quality natural and ecological areas within and adjacent to the development site. 13. Applicant shall submit HOA documents and all other private easements, covenants, dedications and restrictions for the development prior to approval of the Final PUD Plan. 14. Applicant shall provide plans or other materials to demonstrate the purpose of Outlot B within the PUD beyond unused open space, such as reforestation, utility service, or public use, prior to submittal of the Final PUD Plan Supporting Documents • Memo to the Planning Commission dated August 23, 2021 (15 pages) • Unapproved Planning Commission minutes dated August 23, 2021 (7 pages) • Plan Sets (survey, site plan, landscaping, etc.) (11 pages) • Concept Floor Plans (4 pages) • Applicant Narrative (5 pages) • Greenpath Program Information (8 pages) • Written Public Comment from Planning Commission (2 pages)   1      Date:  August 23, 2021  To:  Golden Valley Planning Commission  From:  Myles Campbell, Planner  Subject:    Informal Public Hearing – Preliminary Plan for Golden Valley Country Club Villas  PUD No. 126 – 7001 Golden Valley Road   Property address: 7001 Golden Valley Road  Property owner: Golden Valley Country Club  Applicant: Ron Clark Construction    Lot size: 2.25 acres  Zoning district: Single‐Family Residential (R‐1) Future land use: Low Density Residential  Current use: Open Space    Proposed use: Low Density Residential  Adjacent uses: Golf Course (East and South); Single‐Family Residential (North and West)    2020 aerial photo (Hennepin County)    2      Summary  Ron Clark Construction is seeking approval of a Planning Unit Development (PUD) to construct  seven new single‐family homes on the northwestly portion of the Golden Valley Country Club  property located at 7001 Golden Valley Road. The PUD would be necessary due to the design of the  individual home lots, which are more compact than what is allowed by code, as well as the  inclusion of a communal open space towards the existing street intersection.     Background  City staff were first approached by the Country Club in late 2019 about the potential  redevelopment for portions of their 148+ acre property. The Club had identified areas of the  property which were not used for active play on the golf course. This site in the northwest corner  of the lot was first marketed to builders and investors in late Spring of 2020, following which, the  Club selected Ron Clark Construction to partner with on the redevelopment.    At its April 12th meeting, the Planning Commission held an informal public hearing on the rezoning  and reguiding of the land, which would be required to redevelop the site with anything other than  institutional uses. The Planning Commission heard from a number of residents at this meeting, and  the Commission had a split vote (3‐2) to recommend denial of these changes.    The items went to the City Council on May 4th for the subsequent formal public hearing. The  Council considered the arguments made by Planning Commission, however they ultimately felt  comfortable approving the change in land use and zoning. They voted unanimously to approve the  change in land use, subject to external review by the Metropolitan Council, given that this action  would require an amendment to the Comprehensive Plan. The rezoning was tabled by the Council  till this amendment could be reviewed.    Staff was notified in July by the Metropolitan Council that the Amendment had been approved,  with one advisory comment about regional sewer infrastructure underneath Pennsylvania Ave N.  On August 4th, the rezoning of the property from Institutional (I‐4) to Single‐Family Residential (R‐1)  was approved by City Council.    On August 16, a neighborhood meeting was held prior to this informal public hearing for the  Preliminary PUD. The meeting was held in person at City Hall and was attended by three neighbors  of the proposed development. Neighbors raised concerns about the potential height and setbacks  of these new units, but were more supportive of the new through street to serve them, the  proposed bike/pedestrian amenities, and hoped that these units would be connected with the  larger neighborhood.     3    Existing Conditions  The proposed redevelopment area is approximately 2.25  acres in size. It is currently still a part of the larger Country  Club parcel; the PUD process would establish the new  parcels similar to a subdivision, with individual lots for  each of the homes as well as the community areas and  those dedicated solely to storm water management.      The proposed property would be located in the southeast  quadrant of the Pennsylvania and Plymouth Ave  intersection. As noted in the request summary, the site is  surrounded on its south and east sides by the golf course,  with other existing single‐family residential properties  across both public right‐of‐ways. There are no other land  use types in the immediate area until you get further south  along Pennsylvania to Calvary Lutheran Church.    There are currently no structures of any kind located on this portion  of the Country Club property; the site is identified as forested area  in the City’s natural resources inventory.  This wooded area along  Bassett Creek is part of a 'Green Corridor' and is shown in the 2040  Comprehensive Plan, Parks and Natural Resources Chapter. A  preliminary tree inventory has been completed for the site, 206  trees in total were identified, with 156 of them being considered  significant trees, and four being considered legacy trees under City  Code. The following definitions are provided by code for significant  and legacy trees:     Significant Tree: A healthy tree not considered a nuisance under  City regulations measuring a minimum of six inches in diameter for  hardwood deciduous trees, as defined herein, or a minimum of 12  inches in diameter for softwood deciduous trees, as defined  herein, or a minimum of four inches in diameter for coniferous  trees. All other trees that do not meet this definition are not considered significant.    Legacy Tree: A healthy hardwood deciduous tree measuring 30 inches or greater in diameter  and/or a coniferous tree measuring 24 inches or greater in diameter.    A full copy of the Tree Inventory is included with the attachments of this memo. This inventory also  provides details on the types of trees found by the project team. The site contains many desirable  significant trees including black locust, walnut, cherry, pine, elm, hackberry, maple/boxelder, and  oak. The developer is proposing to remove approximately 147 significant and legacy trees and  replant approximately 50 trees as part of the mitigation effort required under the Tree and  Landscape section of City Code.    4      Other environmental factors to note include the site’s topography and proximity to Bassett Creek.  Based on City mapping records, the site’s highest elevations can be found closest to the street  intersection in the northwest corner of the potential parcel, and that elevation then drops as you  move south along Pennsylvania and east along Plymouth. This topography has significant impacts  on the method of storm water management used to serve the development. Water runoff will  need to be carefully managed and directed in order to avoid erosion and untreated stormwater  entering Bassett Creek.     The elevation is sufficient to keep the majority of the site above the modeled floodway for Bassett  Creek, which is located just to the southeast of the development area. A portion of the property to  be developed would fall within the Shoreland Management Area, which is defined in City Code as  300 feet from a creek or stream. This will have impacts and requirements regarding the removal  and replacement of vegetation, filling and grading activities, and may require Final Plat review by  the Commissioner of Natural Resources at the Minnesota Department of Natural Resources  (MnDNR) as is laid out in the Shoreland Management code.  Additional review is required by the  Bassett Creek Watershed Management Commission (BCWMC).    PUD Procedure  For any new Planned Unit Development in the City, code dictates that the proposal go through two  rounds of review at both the Planning Commission and City Council. This is to allow for additional  analysis of these projects, which are often more complex and with a greater number of  considerations in comparison to a by‐right project, or even a less intense approval such as a  conditional use permit.     The Preliminary PUD Plan is meant to give an opportunity for review by appointed and elected  officials and to solicit public feedback. The Preliminary Plan may, and often will, be modified after  this preliminary review, based on the feedback from City staff, City officials, and the public. The City  PUD regulations provide the following direction for the Preliminary Review at Planning  Commission:    1. Informal Public Hearing. The Planning Commission shall hold an informal public hearing and  consider the application for consistency with the intent and purpose provisions in Subsection (a)  of this section and other requirements of this section and principles and standards adhered to in  the City. The Planning Commission's report to the City Council shall include recommended  changes, conditions, or modifications.  2. Recommendation. The findings and recommendation of the Planning Commission shall be  forwarded to the City Council and may include recommended conditions and modifications to  the preliminary PUD plan.    As noted in the code, the Planning Commission’s role in evaluating a Preliminary PUD Plan is in  some parts discretionary and in others dictated by code. The PUD code lays out minimum  standards that must be applied to any new PUD, but in its findings of fact and for the PUD amenity  points, much of the review and consideration by both Planning Commission and City Council is    5    subjective. As an example, a PUD needs to hit a certain threshold of impervious surface site‐wide,  but the City Council may ask for additional landscaping to better align with a goal or policy of the  Comprehensive Plan. When considering conditions and modifications for a Preliminary PUD Plan,  they should in all cases be tailored to address areas of the PUD that relate back to the major  findings necessary for approval such as efficiency or preservation.     Following the informal public hearing at Planning Commission, Commissioners will vote on whether  or not to recommend approval or denial of Preliminary Plan to the City Council. In the case of  recommending approval, they may also include their own recommended conditions or  modifications, to be acted upon prior to the Final PUD Plan. If the City Council approves the  Preliminary Plan, with or without conditions, the applicant then needs to return to both bodies  with their Final PUD Plan. An additional consideration for the Planning Commission during their  review of the final plan would be whether it is consistent with the preliminary plan and those  conditions placed upon that plan.     Summary of Proposal  The applicant is seeking to build seven single‐family  homes on the 2.25 acre site. Homes would have two  stories: a main level visible from the existing right‐of‐ way and a lower level that would face towards the  Country Club and Bassett Creek. Each home would also  include an attached garage supporting two to three  cars and storage, either a side‐by‐side or tandem‐style  garage. Concept floorplans are included in the  attachments, as well as some example exteriors from  other projects completed by the applicant, to get an  idea of the architectural style. The City Code does not  require any architectural or material standards for R‐1  zoned properties, but they have occasionally been  included as conditions of approval in previous PUDs.     The applicant is seeking to develop these homes on  smaller lots than are typically required for a new  subdivision. The minimum lot size in R‐1 is 10,000  square feet. Only one of the seven home lots would be  above this threshold, with the average lot size being roughly 7,788 square feet. Despite the smaller  lot size and reduced setbacks in‐between homes, this development would still fall within the  guided density ranges from the Comprehensive Plan for low‐density residential (1‐4 units per acre).  This is due to shifting the excess land to open space outlots that would provide either space for  storm water management, tree and landscaping elements, public amenities, or a combination of all  three. The outlier amongst the three outlots is Outlot B, which appears to only serve as additional  private open space for the use of the Country Club, with some replanted trees along the boundary  with Plymouth Avenue.     1  2 3  4 5  6  7  A B  C    6    The applicant has stated these homes are in part being marketed as low‐maintenance options for a  person who wants to live in a single‐family home in Golden Valley, but without some of the upkeep  and maintenance that come with larger individual yards. In addition, a Home Owner’s Association  would be utilized to manage common areas, lawn and landscaping care, snow removal for  driveways and private walks, and maintenance of private utilities.     The applicant is proposing to pull these homes back from the existing right‐of‐way and homes  along Pennsylvania Avenue. This should result in increased privacy for both the existing and new  home owners. Instead of having separate private access off the existing streets for each unit, the  PUD includes a new street to provide access to the homes and some on‐street parking. If  constructed to meet city code and engineering standards, the street could be considered public  and could therefore be maintained by the City in terms of snow removal, sweeping, repaving, etc.  The watermain, sanitary sewer, and storm sewers located under the public street, as well as any  street lighting serving the development, could also be owned and maintained by the City if  constructed to meet city standards. There would also be some buried private utilities and services  located within the street corridor and throughout the development to serve the new units.     While the new homes would be pulled further away from neighboring properties, the front setback  from the homes to this new street would be 23’ to the back of the curb, which is less than the  typical 35’ to the property line that is required for R‐1 properties. This is also measured to the curb  itself rather than the front property line, which the city typically uses to calculate front setbacks.  Looking at the seven lots, the distance to the front property line would vary drastically, but the  minimum would be lot 6, which has around 15’ between the front corner of the garage and the  property line. This short front setback is somewhat mitigated however, due to the separation from  homes along Plymouth with the new street and open space area.     The area to the west of this new street would be maintained as Outlot A under the PUD. The area  would contain the largest of three underground storm water management systems on the site. In  addition, it’s in this area that the applicant is considering adding a number of their proposed public  amenities. While not reflected on the Preliminary Plat, the applicant is considering including a  pedestrian/bicycle rest area along Pennsylvania Ave N. This section of Pennsylvania is identified in  the City’s bike/ped plan as a future signed bike route, connecting the Luce Line Trail to the south  with the Pennsylvania Woods area to the north. The applicant is also hoping to include public art  features in conjunction with this rest area and planned landscaping. Plaques containing historic  information about the area, Bassett Creek, indigenous communities, and the Golden Valley Country  Club have been offered as potential topic areas for these installations. These amenities would be  maintained by the eventual HOA, and as such would require maintenance agreements with the City  to ensure their quality and usability into the future. Given the lack of information included in the  preliminary plan, staff would recommend a condition of approval requiring additional details  regarding the location, design, and maintenance of these public amenities prior to the Final PUD  Plan.     Additional public amenities proposed by the applicant include electric car vehicle charging stations.  In order to qualify for the associated amenity point, stations must be provided at a rate of 5% of    7    the overall required parking spaces within the PUD. Code requires two spaces per dwelling unit,  meaning that with a minimum of 14 off‐street parking spaces, only one would need to be a  charging station. The applicant is also seeking PUD amenity credit for building these homes  according to the guidelines of the Minnesota Greenpath Certification program. Additional details  on this program are provided with the application materials. This program is similar to LEED in that  it encourages greater energy and environmental efficiencies in new buildings, however it to a lesser  degree of impact than LEED Gold, which is identified in the City Code as an Amenity feature.  Greenpath Advanced Certification would be required for the seven new homes. To give an idea of  what this certification would require, the homes would need to be inspected and tested after  construction and achieve an energy efficiency greater than 50% of a home built using the state  energy code today, and 70% more efficient than an older home being resold today.     Land Use and Zoning Considerations  The PUD site is guided for low density residential, and zoned for single‐family residential (R‐1). The  proposal for seven single‐family homes over 2.25 acres is consistent with the purpose of the zoning  district, to provide for single‐family detached units. The proposal is also consistent with the intent  of the long‐term land use guidance, and the density range of 1‐4 units per acre as described in the  Comprehensive Plan. The following flexibilities from the zoning and subdivision code requirements  is requested:     R‐1 District Proposed PUD  Subdivision Requirements  Minimum Lot Area 10,000 sq. ft.  Varies, lot 7 exceeds minimum,  lots 1‐6 are under. Minimum  area is lot 3 at 5,992 sq. ft.  Minimum Lot  Width  80’, 100’ for corner lots Varies, minimum is lot 6 at 33’  District Standards  Front yard setback 35’, 30’ for open porch 23’ from curb for all lots, setback  from property line varies but  minimum is 15.5’ for lot 6  Side yard setback 15’ for lots over 100 feet  12.5’ for lots 65‐100 feet  Under 65 foot lots:     10% lot width on North & West     20% lot width on South & East     No less than 5’ on either side  5’      Side‐Street Setback 35’ cannot reduce building envelope  to less than 27’  10’  Rear yard setback 25’  20’  Side Wall  Articulation  Side wall longer than 32’ in length  must be articulated, with a shift of at  least two feet in depth, for at least  No articulation indicated.    8      Fire Safety Considerations  Staff from the Fire Department had relatively few comments based on the proposal. The street  having multiple access points eliminates any need for the fire department to determine adequate  turning radiuses for their emergency vehicles. And existing public fire hydrants along both  Plymouth and Pennsylvania would provide enough range to access all of the proposed homes.     Building inspections did not that given the 5’ setback between structures, any type of projection  from the homes, such as decorative cornice or roof eaves would need to be fire rated according to  the International Residential Code. This would be confirmed at the time of building permitting.     While not required, due to being served by a public roadway, the Fire Chief recommended that the  builder consider providing sprinklers to the single‐family homes. This could potentially be an option  for homebuyers to opt into given that it is not required, so long as the domestic water utility line  was sized correctly.    Engineering and Environmental Considerations  Engineering staff have reviewed the proposal and, with Planning staff, have had numerous  discussions with the applicant to recommend revisions and modifications as the plans move  towards final PUD submission. While much progress has been made, there are still key areas that  need to be addressed before the proposal would be considered sufficient for meet the required  findings necessary to approval a Final PUD Plan. Many comments and concerns have already  been incorporated into other parts of this memo and are included as conditions of approval.    Survey and Proposed Plat  In addition to minor adjustments to the locations of right‐of‐way, easements, and floodplain and  shoreland notations, staff will continue to look for revisions to the proposed stub of the internal  street to Lots 6 and 7, the justification for Outlot B and if it can be utilized for infrastructure  associated with the development, and the inclusion of shoreland and steep slope areas between  the proposed plat boundary and the centerline of Bassett Creek within the plat or dedicated in a  permanent conservation easement.    Street, Utilities, and Public Improvements  Staff will continue to look for minor revisions and modifications to the civil plans, profiles, and  details to ensure they meet the City’s standards, while noting that any proposed public  improvements must be constructed as part of a public improvement project administered by the  City. Staff will continue to discuss with the developer the details of the public and private  infrastructure and the ownership and maintenance responsibility of the improvements before  submittal of Final PUD Plans.    Stormwater and Grading  eight feet in length, for every 32’ of  wall.    9    A stormwater management plan meeting the minimum requirements has been submitted for  review. Some staff recommendations, revisions, and technical questions remain to be resolved  prior to the submittal of the Final PUD Plan. Larger conversations about the proposed grading  plan and steep slopes within the shoreland area are needed.    Tree and Landscaping Plans  Additional conversations with the applicant are needed to address outstanding concerns  regarding the number of significant and legacy trees that are proposed to be removed, the  proposed mitigation plan, and the species of trees and types of vegetation cover proposed  throughout the development.    Environmental/Sustainability Goals  Staff will encourage the applicant to continue to strengthen their proposals related to energy  efficiency and renewable energy, green building construction, landscaping, and irrigation in order  to help the City advance its environmental goals.    Public Amenity Evaluation  The PUD Public Amenity Point System was added to the City’s PUD requirements in 2015 to better  quantify the values of various public amenities that could be provided by an applicant in order to  balance concessions from the zoning and subdivision code allowed by the City. In order to meet the  requirement, a PUD must provide one or more amenities whose value adds up to at least 5 points.  The table below outlines the Amenities identified by the applicant, their value, and any suggested  modifications to points provided by staff.    Amenity Description Code Value Proposed Amenity  Public Art ‐ The art shall be maintained in  good order for the life of the principal  structure. The art shall be located where   it is highly visible to the public. If located  indoors, such space shall be clearly visible  and easily accessible from adjacent  sidewalks or streets.  3 Plaque or other installation on Outlot  A that would provide details on local  history: Bassett Creek, Country Club,  Golden Valley,   Indigenous Community. No exact   details yet provided by applicant,  seeking Planning Commission and  Council feedback.  Enhanced bicycle and pedestrian facilities ‐  Eligible facilities may include a combination  of the following: heated transit shelter,  bicycle repair tools, rest area, wayfinding  signs, sheltered walkway, woonerf, and  other amenities that increase the  convenience and encourage the use of  public walkways and bikeways beyond what is otherwise required in the underlying  zoning district.  2 Rest area on Outlot A. Benches and  bike racks for people using the public  sidewalk or future bike route. No  exact details yet provided by  applicant, seeking Planning  Commission and Council feedback.     10    Electric car charging station ‐ An electric  vehicle charging station accessible to  residents, employees, and/or the public  providing connections at the rate of five  percent of the required parking spaces.  1 2 homes would have electric vehicle  stations installed already, the  remaining homes would have the  stations roughed in but not installed  (able to be added by future owner). 2 homes exceeds the 5% of minimum  required parking (2 spaces per  dwelling, 5% of 14 spaces is 1 space  rounded up).  Green Path Advanced Certification ‐ Homes  would be constructed to the energy and  environmental standards of the Minnesota  Green Path Advanced Certification Program. Petitioned  Amenity – 2  points  requested  Additional details on the program are provided by the applicant and are  attached to this memo. Generally the  Advanced Certification states to be  50% more energy efficient than a  typical new build home today, and  the homes shown in the preliminary  plan would also qualify for LEED  Silver. City currently only awards 3  points to LEED Gold and 4 points for  LEED Platinum.    Based on the code’s Amenity point values, and the two points requested by the applicant, the  combination of the above would be worth a total of eight points. Staff would suggest that given the  proposed scale and budget of the public art it may be worth only two points. This would still leave  the applicant at over the five points required. Plans do not currently reflect either the art or bicycle  amenities, due in part to staff requesting these amenities be included after the original submittal.  Staff agrees with these amenities in their concept – the two in conjunction with quality landscaping  on Outlot A should make for an excellent pedestrian feature for all local residents as well as those  who might be travelling from further away via bike. However, a final judgement on the amenity  value of these items is highly dependent on what is shown in the Final PUD Plan.    Staff generally feels that the Greenpath certification, while valued as an addition to the PUD,  misses some of the Planning Commission and City Council intention with the PUD ordinance. The  ordinance does award 4 points for LEED Platinum and 3 for Gold, however no points are  automatically awarded for LEED Silver or certified levels of certification. The Advanced Greenpath  Certification is roughly equivalent to the LEED Silver standard, and staff would feel most  comfortable awarding only 1 additional point. With this change, the applicant would still have in  excess of five amenity points.                 11    Findings  In order approve a Preliminary or Final PUD, the City must be able to make the following findings:  Quality Site Planning. The PUD plan must be tailored to the specific characteristics of the site  and achieve a higher quality of site planning and design than generally expected under  conventional provisions of the zoning chapter.  The applicant has done has good job thus far in developing a site plan to provide a higher  quality project than what would be feasible under code in regards to impacts on the  surrounding properties. In the case of impacts to neighbors, this has been mitigated by  having individual lot access be pulled off of Pennsylvania and Plymouth through the use of a  new local street. In addition, homes have been planned to appear as 1‐story from existing  ROW, but utilize the site’s topography to provide lower level living area for future residents.  In addition, the rest area included as part of Outlot A, and the amenities proposed for that  area seem to be of significant benefit to owners of the new homes, as well as neighboring  properties. The amenities proposed are in scale with the neighborhood, and the bike  amenities in particular would be of benefit along a future bike route identified by the City.  Additional details on these features is a condition of the Preliminary PUD approval, in order  to better determine the value of the public amenities.    Staff also have some questions as to the long‐term purpose of Outlot B, which currently is  proposed to be re‐sodded, with some trees added along the boulevard. While preservation of  open space is consistently a goal of the Comprehensive Plan, open space that is private and  without native vegetation has limited impacts or public benefit. As a condition of approval,  staff is asking the applicant to provide a plan for the outlot, to demonstrate either a capacity  to serve necessary underground utilities, provide natural habitat, or otherwise remove the  outlot from the PUD Plan.  Preservation. The PUD plan must preserve and protect 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.  Protection of Bassett Creek is evident from the layout of the plan, as well as being  demonstrated in the proposed storm water management plan. Based on city code and the  comprehensive plan, environmental staff’s preference is for storm water to be managed  above‐ground with green infrastructure as an amenity to the site, this is due to the additional  benefits of improved air quality, water quality, natural aesthetics, and providing wildlife  habitat. However if not feasible, then some of the same intents can be met by the inclusion  of additional native vegetation and pollinator habitat in the area that the underground  storage tanks will be located, and additional vegetation preservation and enhancement  within permanent conservation easements near Bassett Creek.     No structures are currently proposed within the required shoreland setbacks from Bassett  Creek, and additional review of clearing, filling and grading work by the BCWMC should help  to further ensure that the Creek, the most critical natural amenity in the immediate area, is  protected from any negative impacts during construction. Staff has also requested additional    12    information on how shoreland requirements are being managed as part of the Final PUD  Plan.     An area that must be addressed is the overall reduction in trees on the site in the proposed  landscaping plan. The vast majority of significant trees are being removed, as well as all four  of the legacy trees. While the applicant is attempting to meet the tree mitigation replanting  requirements, in part by providing upwards of $40,000 or more in tree replacement fees that  could be utilized in other parts of the City, the city code prioritizes replanting  trees within  the PUD. The area around Bassett Creek has been identified in the Comprehensive Plan’s  Parks and Natural Resources Chapter as a Green Corridor, and as such additional trees, native  vegetation, and low‐maintenance grasses will be a condition of the Preliminary plan’s  approval.   Efficient; Effective. The PUD plan must include efficient and effective use of the land (which  includes preservation).  Given the proximity to Bassett Creek, the decision to cluster homes closer together and  provide larger sections of open space makes sense, although staff would like to see  additional native vegetation and trees reintroduced into those open space areas. Pulling the  homes off of Pennsylvania does require a new street to be used to provide lot access,  however this does provide a benefit to existing homes, buffering them slightly from the new  homes and including the public rest area on the intersection corner. A separate street also  reduces the overall number of potential curb cuts along Pennsylvania, which would be the  higher volume street comparatively.     As noted above, staff is recommending a condition to better define the purpose of Outlot B.  This outlot is something of an outlier, with the rest of the PUD area serving a clear and  efficient land use purpose, either providing for homes, utilities, or natural amenities. This and  the question of the area between the PUD and Bassett Creek must be addressed prior to the  submittal of the Final PUD Plan.   Consistency. The PUD plan must result in development that is compatible with adjacent uses  and consistent with the Comprehensive Plan and redevelopment plans and goals.  In terms of consistency with adjacent uses, staff finds the Preliminary Plan to fit well. Other  than the Country Club, the site is surrounded by single‐family zoned properties. Existing lots  in the area range in width from 60‐100+ feet, and while these new homes would have  reduced setbacks from one another, the PUD overall would represent a housing unit density  of just over three units per acre. Within the 1‐4 units guided by the Low Density Land Use  Category and comparable to that of the surrounding area.     Staff generally finds the proposal consistent with Comprehensive Plan. Given that the Golf  Course was not discussed for redevelopment as part of the Comprehensive Plan, staff is  instead reliant on that document’s Goals and Policies.  1. Land Use, Goal 4, Objective 1.4 ‐ Work with developers to provide permanent open space  and park areas in development plans and to integrate native species    13    2. Land Use, Goal 4, Objective 2.3 ‐ Use Planned Unit Developments to allow for flexibility in  site design when needed to preserve vegetation or other sensitive site features or to re‐ introduce natural areas  3. Housing, Goal 2 ‐ Expand the variety of housing types and designs to allow all people a  housing choice for all life stages and all economic means  4. Housing, Goal 4, Objective 1 ‐ Ensure new housing developments meet or exceed energy  efficiency standards, and implement sustainable design features where possible  5. Parks & Natural Resources, Goal 3, Objective 1.2 ‐ Review development proposals for  conformance with ordinances regarding tree preservation, water quality, wetland  protection and mitigation, and shoreland protection  6. Water Resources, Goal 1, Objective 3.2 ‐ Minimize the rate and volume of stormwater  runoff entering Bassett Creek  7. Water Resources, Goal 4, Objective 1.3 ‐ Regulate stormwater runoff discharges and  volumes to minimize flood risk, flood damages, and the future costs of stormwater  management systems    One area where staff would like to see improvements made is again in regard to tree  replacement within the PUD. While fee in lieu of replanting is an option provided by our tree  and landscaping code, providing additional trees on‐site is consistently a theme in all of the  above Comprehensive Plan chapters.  General Health. The PUD plan must be consistent with preserving and improving the general  health, safety, and welfare of the people of the city.  As noted above, the planned storm water management for the site would result in no net  increase in surface water runoff compared to the existing conditions, both in regards to rate  and volume of runoff. Additional conditions aimed at preserving the water quality of the  Creek, such as shoreland restrictions have been included with this Preliminary PUD to further  ensure that water quality is not impacted.     The new street has the benefit of reducing the number of individual access drives, compared  to a traditional subdivision. Instead of 5 or 6 unique drives along Pennsylvania, which slopes  steeply downwards after the intersection limiting visibility, only a single curb cut will be in  place for the new street. This should reduce the amount of places that vehicles can turn  along the road, leading to less opportunity for accidents. Pushing the homes themselves  further off of Pennsylvania should also be of benefit to those existing homes, providing a  buffer between them. While setbacks and lot sizes would be given some flexibility from code,  the proposed homes would be limited to a main and lower level, further mitigating impacts  on surrounding neighbors.  Meets Requirements. The PUD plan must meet the intent and purpose provisions of Section  113‐123 as well as all other provisions.  The purpose and intent of the Planned Unit Development code chapter reads,     “It is the intent of this section to provide an optional method of regulating land use which  permits flexibility from the other provisions of the City Code, including flexibility in uses    14    allowed, setbacks, height, parking requirements, number of buildings on a lot, and similar  regulations in exchange for public benefit in the form of amenities.”    Generally, staff feels the preliminary plans for this development follow the intent of the PUD  code. Areas where flexibilities are being requested (setbacks, ROW, lot size) are all allowed  under the PUD code, and the amenities being proposed are consistent with those highlighted  by the City, such as public art and electric vehicle charging stations. Staff still has some areas  in which they feel more information is necessary, notably in regard to added landscaping,  shoreland demarcation, and the use of Outlot B. Staff does however feel comfortable with  conditioning the approval of the Preliminary Plan on the submittal of this information, and  addressing these outlying questions prior to the submittal of the Final Plan.     Recommendation  Staff recommends approval of the Preliminary Plan for Golden Valley Country Club Villas PUD No.  126, subject to the following conditions:    1. Final PUD Plans shall include details on the location, design, and other relevant features of  the public amenities being provided, including the public art, pedestrian & bicycle  facilities, and electric vehicle charging stations.   a. Details on the final design or content of the public art may be waived until such  time as the nearby community has been consulted.   2. Final PUD Plans shall be updated to provide individual lot coverage calculations in order to  determine the degree of flexibility being provided from R‐1 district requirements  3. Final PUD Plans shall provide details on the maximum height of the proposed structures  to determine any flexibilities from the City’s Building Envelope requirements.   4. The required park dedication fee shall be paid prior to the release of the final plat.  5. Landscaping must include native vegetation and low maintenance turf alternatives to sod  wherever possible, and especially in common areas, on slopes, and in low‐use areas. Sod  should be avoided within the 50 foot shoreland setback areas and shall not be permitted  in any areas covered by conservation easement  6. Applicant shall provide a copy of the engineered irrigation plan mentioned in their  application with the Final PUD Plan.   7. The stub of the public road serving lots 6&7 should be removed and converted to private  access of some form for these lots.  8. Overhead power adjacent to and within development must be buried as well as all utilities  serving the site; joint trench is preferred to maximize efficient use of right‐of‐way.  9. Sanitary sewer main in Pennsylvania Avenue must be lined for I&I compliance and any  existing sanitary sewer stubs to the site must be abandoned.  10. Final PUD Plans must identify and show all existing and proposed steep slope and bluff  areas within the shoreland area and establish a minimum setback from such areas to the  proposed homes, or otherwise provide an alternative plan to mitigate impacts.   11. Areas of the PUD within 300’ of Bassett Creek must provide a minimum 50% open space.    15    12. Dedicate conservation easements over shoreland setback areas, steeper slopes, and  higher quality natural and ecological areas within and adjacent to the development site.  13. Applicant shall submit HOA documents and all other private easements, covenants,  dedications and restrictions for the development prior to approval of the Final PUD Plan.  14. Applicant shall provide plans or other materials to demonstrate the purpose of Outlot B  within the PUD beyond unused open space, such as reforestation, utility service, or public  use, prior to submittal of the Final PUD Plan    Attachments  Plan Sets (survey, site plan, landscaping, etc.) (9 pages)  Concept Floor Plans (4 pages)  Applicant Narrative (5 pages)  Greenpath Program Information (8)  Planning Commission Minutes April 12, 2021 (12 pages)  City of Golden Valley Planning Commission Regular Meeting August 23, 2021, 2021 – 7 pm 2 5. Informal Public Hearing - Preliminary Plan for Golden Valley Country Club Villas PUD No. 126 Address: 7001 Golden Valley Road Applicant: Ron Clark Construction Myles Campbell, Planner, introduced the public hearing topic. Ron Clark Construction is seeking approval of a Planning Unit Development (PUD) to construct seven new single-family homes on the northwesterly portion of the Golden Valley Country Club property located at 7001 Golden Valley Road. The PUD would be necessary due to the design of the individual home lots, which are more compact than what is allowed by code, as well as the inclusion of a communal open space towards the existing street intersection. Staff presented on the Preliminary PUD Plan, covering the request details, City PUD procedure, the review and evaluation done by staff, and the evaluation of the Public Amenities provided. Campbell went through the necessary findings for approval of the Preliminary Plan, which staff felt had been conditionally met to their satisfaction. Recommended Action Staff recommended approval of the Preliminary PUD Plan by Planning Commission. This approval was subject to the 14 conditions that were recommended by City Staff, in order to address outstanding issues prior to the Final PUD Plan. Campbell reminded Commissioners that as part of the Preliminary PUD process they were also encouraged to provide feedback and recommended modifications for the City Council to consider. Chair Pockl asked if the Commissioners had any questions for staff. Commissioner Segelbaum asked if the zoning code flexibilities listed by staff included in their consideration the recent modifications to code regarding narrow lots. Campbell explained that those new changes had been incorporated in staff review. He noted that height and individual lot cover data were not provided in the Preliminary Plan, and that these may require flexibility from code. Segelbaum asked if the garages for the new homes met the new façade requirements for narrow lots. Campbell affirmed that the garages, while making up a significant portion of the front façade, did not exceed the 75% of total façade maximum that had been established for narrow lots. Segelbaum noted that the City had in cases approved PUDs with narrow setbacks, and asked whether staff had weighed any items differently within the Preliminary Plan as part of their review. Campbell noted that staff focused on the proximity to Bassett Creek and the protection of that shoreland area. In terms of the balance of the requests, he noted that the most significant flexibilities in staff’s eyes were those related to lot standards such as area and width. Commissioner Baker requested that the next staff memorandum on the topic also include those code flexibilities as part of the PUD beyond the zoning and subdivision items, in order to get a fuller sense of the request. City of Golden Valley Planning Commission Regular Meeting August 23, 2021, 2021 – 7 pm 3 Pockl asked whether the Planning Commission would need to find in the affirmative for each of the findings of fact that are required to approve a Preliminary PUD, and whether a single negative finding would lead them to recommend denial. Campbell answered that this was the case, and that all findings must be met. Campbell noted that staff felt that a portion of those were being met outright, with some findings only being met in staff’s eyes due to the conditions proposed for the approval. Commissioner Johnson asked why the site plans provided as part of the application included the names of neighboring property owners, and whether that seemed significant to staff. Campbell answered that the documents in question were submitted by the applicant, and that his best guess was that the property owner information had been pulled from Hennepin County’s online records. Staff had not felt it significant in their review, and gave examples of other cases where multiple property owners might be listed on a survey document. Segelbaum asked about the petition for Public Amenity points for the Green Path Certification, and whether or not they were necessary. Campbell reiterated the requirements to petition for amenity points, but agreed with Commissioner Segelbaum that given the other amenities proposed, the two points would not be necessary. Commissioner Brookins asked if there were additional plans submitted to the City, and specifically in regard to stormwater management. Campbell answered that additional materials had been submitted, and that typical practice from staff was to exclude certain technical documents or those that were not otherwise pertinent to discussion. Campbell reiterated the details on the stormwater management plan. Brookins asked whether there were any issues regarding the third stormwater storage tank that fell outside the boundary of the PUD. Campbell noted that this location would likely involve agreements between the Country Club and the future Homeowners Association. Brookins requested that the site plan sets regarding stormwater could be included in the next staff memorandum. Baker asked whether the PUD and its conditions could affect areas outside the PUD. Campbell noted that this was an option, however with the limitation that in the cases of conditions of approval there still needed to be a nexus between the condition proposed and a regulatory interest by the City. Baker stated that he was particularly interested in the impacts of the PUD on the shoreland area and Bassett Creek, and that portion of the shoreland outside the PUD. Baker asked about the floodplain area around the Creek. Campbell brought up an aerial map of the area to demonstrate the various overlays along Bassett Creek, including floodplain, floodway, and the 50-foot shoreland setback. Campbell provided more details on the shoreland overlay, the 50-foot structure setback, and the 300-foot shoreland area. Baker noted he was concerned about how those overlay areas were or were not represented on the site plans. He requested that the City require these areas be shown on future plans. Baker also requested that the tree preservation plans provided by the applicant be updated to call out the locations of the four legacy trees on-site. City of Golden Valley Planning Commission Regular Meeting August 23, 2021, 2021 – 7 pm 4 Campbell noted that to the Commissioner’s first point, staff had recommended a condition of approval that the plans should show all shoreland areas and areas of steep slopes. The staff conditions had not included identification of legacy trees, but that it could certainly be included if the Commission desired. Baker asked whether staff knew why the applicant had decided to use underground storage tanks versus above-ground stormwater options. He was not enthusiastic about the use of below ground treatment and the lack of alternative options provided by the plan. Campbell provided some background into the discussions between staff and the applicant, but deferred to the applicant to answer why they had chosen underground storage. Johnson added that he was skeptical of the stormwater management systems proposed, especially given the amount of trees being removed and the site elevation for the north tank. Campbell reiterated that he was not a civil engineer and that the question of how the stormwater systems would function might be better left to the applicant. He did note that in regards to elevation, the use of underground was here a benefit since they would be lower than grade, compared to a pond which would need to be made larger and deeper to function similarly. Johnson asked if staff could explain why the front setback was being measured to the curb rather than the front property line. Campbell noted that typical practice is to provide the front setback to the property line, but that they had used the curb distance since it had been provided by the applicant. Staff had reviewed the setbacks to front lot lines as well, and noted that the applicant was already planning to include this measurement on the next set of plans. Chari Pockl noted that no further questions remained for staff and invited a representative for the project, Mike Waldo, Ron Clark Construction, to speak on its behalf. Mr. Waldo introduced the rest of his team present at the meeting, as well as two representatives from the Country Club. Mr. Waldo started by describing the stormwater management system. He noted that Outlot A was the best option in terms of soil infiltration, and therefore was chosen to have the main storage tanks. He reiterated that a pond in that area would need to be exceptionally wide and deep in order to function at a similar level. He noted that one of the benefits of below ground treatment is that there is no chance of overflows during major flooding events, as with a pond. Commissioner Johnson asked for further clarification on the grading as it relates to stormwater. Mr. Waldo defined the area served by the north storage tanks, and noted that the storage tank system is buried such that it is still lower than grades in that area. Commissioner Baker also expressed skepticism on whether the grading of the PUD did support the correct flow of water. He expressed a desire for the applicant to consider use of a pond or rain garden on the northern outlot. Mr. Waldo noted that Outlot B was originally considered for use as a ponding area. If no longer needed for this use, or to meet impervious surface percentages, they were looking to remove Outlot B. City of Golden Valley Planning Commission Regular Meeting August 23, 2021, 2021 – 7 pm 5 Mr. Waldo described the thinking behind the PUD’s purpose and intent. He noted that the area in question could support a traditional 7-lot subdivision, but that the Country Club had chosen them for the quality of the development plan, and its limited impact on neighboring properties. Mr. Waldo noted that one outstanding item they were working on was tree removal. He noted that their team was focusing on replanting with native trees, and noted that a number of the significant trees on site were Black Locust. Mr. Waldo noted that this species was non-native to Minnesota and identified by the Minnesota Department of Agriculture as a noxious tree. His hope was that by removing the aggressive tree species and replacement with native trees there would be a better diversity of trees within the PUD over time. Chair Pockl asked if the applicant knew the size of the replacement trees being planned for. Mr. Waldo confirmed with their landscape architect that they were targeting Category A replacement trees from city code, approximately 2.5 to 4 inches in diameter. Commissioner Baker commented that he did not care for the comparison between Black Locust and invasive species of tree such as buckthorn. He did not feel that the tree species was undesirable. Baker stated that of the legacy trees, one was a black locust, versus the remaining legacy trees being Austrian Pines, a non-native tree. Mr. Waldo provided additional details on the other aspects of the landscaping plan, in regard to use of sod, native replantings, and the vegetation within the shoreland setback area. Mr. Waldo noted that they had shown the street as public right-of-way, and that they were comfortable with the recommended condition regarding the stub access for lots 6 & 7. He described two potential options for the public amenity area on Outlot A, and that they were seeking feedback from Planning Commission. He noted that they proposed amenities were designed to be in scale with the neighborhood, creating a rest area rather than a larger gathering area that might impact surrounding properties. Commissioner Baker made a comment that he felt the applicant should consider that the PUD might require more than the minimum protections from Bassett Creek compared to a conventional subdivision. Commissioner Johnson agreed, noting that the stormwater plan met the minimum requirements, but that he would like to see a plan that exceeds those minimums. Mr. Waldo acknowledged the comments from Commissioners and noted that because the lot currently had very little runoff, the development’s stormwater management was held to meeting or exceeding that same amount of runoff. He pointed out that as part of the flexibilities provided by the PUD, they were asking for no flexibilities from the requirements for stormwater management or from the shoreland overlays. Commissioner Johnson asked whether the road would be built to lower standards than required by the City. Mr. Waldo answered that the road would be built to the same standards as if it were constructed by the city, but that the amount of right-of-way dedicated around the roadway was less than subdivision code called for. Johnson clarified his confusion was related to a condition in the packet. Campbell explained that a condition was included that public improvements associated with City of Golden Valley Planning Commission Regular Meeting August 23, 2021, 2021 – 7 pm 6 the project would be constructed by the City itself, but the applicant would be responsible for the cost of the construction. Chair Pockl asked what the value of the homes might be. Mr. Waldo stated the homes would be around $1,000,000. He noted this was slightly above the value of homes in the neighborhood, but not out of character for homes that might be rebuilt today. He noted that while lower market value, the existing homes have appreciated in their value over time and are very well maintained and his hope was that their project would continue this type of character. Pockl asked why the applicant chose to use a fee in lieu of replanting the trees removed on site. Mr. Waldo noted that with the redevelopment, there would not be enough open space to effectively plant trees without them out-competing each other. Commissioner Baker asked whether the applicant had considered building only six-units as opposed to seven, allowing for more space to replant trees and accommodate public benefits. Mr. Waldo answered that the plan for seven lots has been their plan since presenting to the Golf Course initially. They thought it made sense from a financial perspective for the project, but that it would also work well for the future residents, neighbors, and the city itself. Chair Pockl asked if Commissioners had any further questions for the applicant, hearing none she thanked Mr. Waldo for his time. Chair Pockl opened the public hearing at 9:00pm Eric Boe, 1023 Quebec Ave N. Mr. Boe thanked the body for their work, and asked the City to consider the off-center intersection of Plymouth and Pennsylvania, and the drop in grade as Plymouth Ave moves east. He noted that cars travelling along Plymouth are a danger to pedestrians, and that he was concerned about introducing a new drive access from the development along Plymouth. He would like to see a sidewalk be included along this street. Mr. Boe also noted he was a little concerned about public art, and asked that the neighborhood be involved in the discussion. He did not want to see the area become a place of loitering. Lisa Boe, 1023 Quebec Ave N. Ms. Boe noted that as a pedestrian she appreciates the sidewalk along Pennsylvania given the speed of vehicle traffic. She noted that the existing trees are helpful in terms of shade for walkers. She reiterated that Plymouth Ave is dangerous for pedestrians without a sidewalk. She noted that given the number of exceptions to the zoning code, that perhaps there were too many homes proposed. She also spoke about the removal of trees further along Bassett Creek, and that while she likes native vegetation, she did not want it to appear messy. There were no callers for the hybrid comment period. Chair Pockl closed the hearing at 9:06pm City of Golden Valley Planning Commission Regular Meeting August 23, 2021, 2021 – 7 pm 7 Chair Pockl invited the Commissioners to begin their discussion of the item. Commissioner Segelbaum asked if other commissioners wanted to break out individual topics, before providing his own thoughts on the Preliminary Plan. He noted that among the necessary findings, consistency stood out to him as well as the balance of flexibility and amenities. He felt that these were weighed in favor of the applicant, noting that he could not recall another instance where the Commission had approved such a setback. Segelbaum also felt concerned about the amount of front façade taken up by the garage. He was uncomfortable with the level of density. Commissioner Baker agreed with the Commissioner Segelbaum, and felt it was not consistent with the neighborhood, based on the value of the homes. He did not see any benefit to the city other than an increase to tax base. He pointed out that this is valuable open space to neighbors. Baker thanked those Commissioners that recommended denial of the rezoning of the land, based on the loss of woodland and stream buffer. He asked for additional evidence regarding the need for a bike rest area in this location, and was also not enthusiastic for the other amenities proposed. He reiterated his desire to see the applicant consider six homes rather than seven for the site. Commissioner Johnson reiterated a number of the concerns already stated. He mentioned that he had not been supportive of the PUD Amenity Point system, and that developers would seek out the easiest points available. Johnson noted that the staff memo left some significant unanswered questions. He felt the Preliminary Plan did not represent quality site planning. He mentioned appreciating the comments from residents about providing a new sidewalk and additional shade trees along Pennsylvania. Commissioner Brookins noted that parts of the plan he was comfortable with. He noted that the shorter front setbacks were mitigated by the additional buffer from the homes across Pennsylvania. However, he felt that the benefit to the City was still lacking in regard to the amenities. He noted that he was generally in favor of the villa design, and that it would be appropriate for the neighborhood. He wondered if there was an opportunity to provide an overlook space for the Creek or golf course, versus a bench on a street corner. Brookins also supported the idea of a sidewalk along Plymouth. Commissioner Baker suggested that the Golf Course allow the Luce Line Regional Trail through the golf course, which he saw as a major amenity. Chair Pockl noted that she did not feel the findings necessary for approval had not been met by the Preliminary Plan. She noted that she had recommended denying the zoning change, and that her opinion had not changed for the most part. She wanted to see more done in regard to tree replacement and shoreland protection. Commissioner Brookins asked staff to elaborate on the PUD process, and given the Commissioners’ discussion whether it was more appropriate to table the item versus recommending denial to City Council. Campbell recommended that the Commission still send the Preliminary Plan to City Council, in this case with a denial, so that the City Council would also have the opportunity to review the materials. City of Golden Valley Planning Commission Regular Meeting August 23, 2021, 2021 – 7 pm 8 MOTION made by Commissioner Baker to recommend denial of the Preliminary PUD Plan, based on the determination that the required findings of approval had not been met. Commissioner Segelbaum provided the specific findings and Baker noted especially Quality Site Planning, Efficiency, and Preservation had not been met. Motion was seconded by Commissioner Johnson. The motion passed unanimously. OREGON AVE PENNSYLVANIA AVE NPLYMOUTH AVE 1202.88 N00°15'37"WS89°00'09"E 1311.09 ZONE AE N0 0 ° 1 6 ' 3 7 " W ZONE AE ZONE AE S89°00'09"E 622.53 LEGEND OREGON AVE NPENNSYLVANIA AVE NPLYMOUTH AVE 1202.88 N00°15'37"WS89°00'09"E 1311.09 ZONE AE N0 0 ° 1 6 ' 3 7 " W 33. 0 1 ZONE AE ZONE AE S89°00'09"E 622.53 S20°27'05"W 43.68 S76°47'5 7 " W 113.56 S27°54'00"W 320.20S0°08'23"E 36.78 S10°46'26"W79.86S37°50'25"W 71.89 S62°50'15"W 63.69 13 21-013 07/22/2021 GVCC VILLAS RON CLARK CONSTRUCTION GOLDEN VALLEY, MN N CAMPION ENGINEERING SERVICES, INC CLYLO EQJLQHHULQJ LDQG PODQQLQJ 3 PRELIMINARY PLAT N OREGON AVE NPENNSYLVANIA AVE NPLYMOUTH AVE 1202.88 N00°15'37"WS89°00'09"E 1311.09 ZONE AE N0 0 ° 1 6 ' 3 7 " W 33. 0 1 ZONE AE ZONE AE S89°00'09"E 622.53 S20°27'05"W 43.68 S76°47'57 " W 113.56 S27°54'00"W 320.20S0°08'23"E 36.78 S10°46'26"W79.86S37°50'25"W 71.89 S62°50'15"W 63.69 13 21-013 07/22/2021 GVCC VILLAS RON CLARK CONSTRUCTION GOLDEN VALLEY, MN N CAMPION ENGINEERING SERVICES, INC CLYLO EQJLQHHULQJ LDQG PODQQLQJ 7 GRADING PLAN N SEE SHEET 13 FOR GRADING NOTES PENNSYLVANIA AVE NAREA: 2.25 ACRESOREGON AVE PENNSYLVANIA AVE N PLYMOUTH AVE13 21-013 07/22/2021 GVCC VILLAS RON CLARK CONSTRUCTION GOLDEN VALLEY, MN N CAMPION ENGINEERING SERVICES, INC CLYLO EQJLQHHULQJ LDQG PODQQLQJ 5 STREET & STORM SEWER PLAN & PROFILE N NDETAIL A DETAIL B SEE SHEET 7 FOR UGS OUTLET PROFILES ENTRANCE ’ ’ ’ ’ OREGON AVE N PENNSYLVANIA AVE N PLYMOUTH AVE13 21-013 07/22/2021 GVCC VILLAS RON CLARK CONSTRUCTION GOLDEN VALLEY, MN N CAMPION ENGINEERING SERVICES, INC CLYLO EQJLQHHULQJ LDQG PODQQLQJ 6 UGS STORM OUTLET PLAN & PROFILES NUGS 3 TO UGS 2 UGS 1 TO UGS 2 DETAIL A OREGON AVE NPENNSYLVANIA AVE NPLYMOUTH AVE 1202.88 N00°15'37"WS89°00'09"E 1311.09 ZONE AE N0 0 ° 1 6 ' 3 7 " W ZONE AE ZONE AE S89°00'09"E 622.53 S20°27'05"W 43.68 S76°47'5 7 " W 113.56 S27°54'00"W 320.20S0°08'23"E 36.78 S10°46'26"W79.86S37°50'25"W 71.89 S62°50'15"W 63.69 13 21-013 07/22/2021 GVCC VILLAS RON CLARK CONSTRUCTION GOLDEN VALLEY, MN N CAMPION ENGINEERING SERVICES, INC CLYLO EQJLQHHULQJ LDQG PODQQLQJ 9 PRELIMINARY TREE INVENTORY PLAN N OREGON AVE NPENNSYLVANIA AVE NPLYMOUTH AVE 1202.88 N00°15'37"WS89°00'09"E 1311.09 ZONE AE N0 0 ° 1 6 ' 3 7 " W 33. 0 1 ZONE AE ZONE AE S89°00'09"E 622.53 S20°27'05"W 43.68 S76°47'57 " W 113.56 S27°54'00"W 320.20S0°08'23"E 36.78 S10°46'26"W79.86S37°50'25"W 71.89 S62°50'15"W 63.69 13 21-013 07/22/2021 GVCC VILLAS RON CLARK CONSTRUCTION GOLDEN VALLEY, MN N CAMPION ENGINEERING SERVICES, INC CLYLO EQJLQHHULQJ LDQG PODQQLQJ 10 PRELIMINARY TREE PRESERVATION PLAN N PENNSYLVANIA AVE N PLYMOUTH AVEEDGING,TYP.SOD, TYP.SOD, TYP.1 - AS21 - AS21 - AS21 - AS21 - AS22 - PD1 - BS1 - QB2 - PSG2 - QB2 - PSG1 - QB1 - BS3 - PD1 - PD1 - SI21 - AG21 - AG21 - HV1 - HV1 - HV1 - SI2EDGING,TYP.3 - QB3 - PD3 - EK3 - EK3 - AA1 - AA1 - AAEDGING,TYP.SOD, TYP.SOD, TYP.1 - AS21 - AS21 - AS21 - AS21 - AS22 - PD1 - BS1 - QB2 - PSG2 - QB2 - PSG1 - QB1 - BS3 - PD1 - PD1 - SI21 - AG21 - AG21 - HV1 - HV1 - HV1 - SI2EDGING,TYP.3 - QB3 - PD3 - EK3 - EK3 - AA1 - AA1 - AATREESQTYCOMMON / BOTANICAL NAMECONTAA5ArmstroQg ReG Maple / Acer ruErum 'ArmstroQg'---AS25SieQQa GleQ Maple / Acer [ IreemaQii CSieQQaC TM4" Cal. B&BBS2SKiloK SplasK BircK / Betula Qigra CSKiloK SplasKC4" Cal. B&BPSG4PriQcetoQ SeQtr\ GiQgko / GiQkgo EiloEa CPriQcetoQ SeQtr\C4" Cal. B&BEK11Espresso KeQtuck\ CoIIeetree / G\mQoclaGus Gioica CEspressoC2.5" Cal. B&BQB7SZamp WKite Oak / Quercus Eicolor4" Cal. B&BEVERGREEN TREESQTYCOMMON / BOTANICAL NAMECONTPD9Black Hills Spruce / Picea glauca CDeQsataC6C B&BORNAMENTAL TREESQTYCOMMON / BOTANICAL NAMECONTAG22AutumQ BrilliaQce ServiceEerr\ / AmelaQcKier [ graQGiIlora CAutumQ BrilliaQceC20 CLUMPHV3VaQilla StraZEerr\ PaQicle H\GraQgea / H\GraQgea paQiculata 'VaQilla StraZEerr\'20 CONT.SI22Ivor\ Silk JapaQese Tree Lilac / S\riQga reticulata CIvor\ SilkC6C CLUMPSHRUBSQTYCOMMON / BOTANICAL NAMESIZEHJ10Little Lime H\GraQgea / H\GraQgea paQiculata CJaQeC TM5 CONTST9BircKleaI Spirea / Spiraea EetuliIolia CTorC5 CONTSP11BloomeraQg Purple Lilac / S\riQga [ 'PeQGa' TM5 CONTTT32TecKQ\ GloEe ArEorvitae / TKuMa occiGeQtalis 'TecKQ\ GloEe'5 CONTGRASSESQTYCOMMON / BOTANICAL NAMESIZECK21FeatKer ReeG Grass / Calamagrostis [ acutiIlora CKarl FoersterC1 CONTPERENNIALSQTYCOMMON / BOTANICAL NAMESIZEEE26PoZ WoZ WilGEerr\ CoQeIloZer / EcKiQacea [ 'PAS702917' TM1 CONTHP18ParGoQ Me Da\lil\ / Hemerocallis [ 'ParGoQ Me'1 CONTNL231CatmiQt / Nepeta racemosa CLittle TitcKC1 CONTGROUND COVERSQTYCOMMON / BOTANICAL NAMESIZE144,742 sIBlue Grass BaseG / SoGCommercial graGe, locall\ groZQ, "Big Roll" preIerreGSoGPLANT SCHEDULETREESQTYCOMMON / BOTANICAL NAMECONTAA5ArmstroQg ReG Maple / Acer ruErum 'ArmstroQg'---AS25SieQQa GleQ Maple / Acer [ IreemaQii CSieQQaC TM4" Cal. B&BBS2SKiloK SplasK BircK / Betula Qigra CSKiloK SplasKC4" Cal. B&BPSG4PriQcetoQ SeQtr\ GiQgko / GiQkgo EiloEa CPriQcetoQ SeQtr\C4" Cal. B&BEK11Espresso KeQtuck\ CoIIeetree / G\mQoclaGus Gioica CEspressoC2.5" Cal. B&BQB7SZamp WKite Oak / Quercus Eicolor4" Cal. B&BEVERGREEN TREESQTYCOMMON / BOTANICAL NAMECONTPD9Black Hills Spruce / Picea glauca CDeQsataC6C B&BORNAMENTAL TREESQTYCOMMON / BOTANICAL NAMECONTAG22AutumQ BrilliaQce ServiceEerr\ / AmelaQcKier [ graQGiIlora CAutumQ BrilliaQceC20 CLUMPHV3VaQilla StraZEerr\ PaQicle H\GraQgea / H\GraQgea paQiculata 'VaQilla StraZEerr\'20 CONT.SI22Ivor\ Silk JapaQese Tree Lilac / S\riQga reticulata CIvor\ SilkC6C CLUMPSHRUBSQTYCOMMON / BOTANICAL NAMESIZEHJ10Little Lime H\GraQgea / H\GraQgea paQiculata CJaQeC TM5 CONTST9BircKleaI Spirea / Spiraea EetuliIolia CTorC5 CONTSP11BloomeraQg Purple Lilac / S\riQga [ 'PeQGa' TM5 CONTTT32TecKQ\ GloEe ArEorvitae / TKuMa occiGeQtalis 'TecKQ\ GloEe'5 CONTGRASSESQTYCOMMON / BOTANICAL NAMESIZECK21FeatKer ReeG Grass / Calamagrostis [ acutiIlora CKarl FoersterC1 CONTPERENNIALSQTYCOMMON / BOTANICAL NAMESIZEEE26PoZ WoZ WilGEerr\ CoQeIloZer / EcKiQacea [ 'PAS702917' TM1 CONTHP18ParGoQ Me Da\lil\ / Hemerocallis [ 'ParGoQ Me'1 CONTNL231CatmiQt / Nepeta racemosa CLittle TitcKC1 CONTGROUND COVERSQTYCOMMON / BOTANICAL NAMESIZE144,742 sIBlue Grass BaseG / SoGCommercial graGe, locall\ groZQ, "Big Roll" preIerreGSoGPLANT SCHEDULEREVISION SUMMARYDATEDESCRIPTIONL1.0LANDSCAPE PLAN............Civil Engineering Surveying Landscape Architecture4931 W. 35th Street, Suite 200St. Louis Park, MN 55416civilsitegroup.com 612-615-0060GOLDEN VALLEY COUNTRY CLUB VILLAS PENNSYLVANIA AVE N. & PLYMOUTH AVE N., GOLDEN VALLEY, MN 55427 7500 W 78TH ST., MINNEAPOLIS, MN 55439 RON CLARK CONSTRUCTION PROJECT ISSUE/SUBMITTAL SUMMARYDATEDESCRIPTION............PROJECT NUMBER:21191............07/23/2021CITY SUBMITTALDRAWN BY:REVIEWED BY:JSXX..............COPYRIGHT CIVIL SITE GROUP INC.cP R E L I M I N A R Y : N O T F O R C O N S T R U C T I O N24904Patrick J. SarverLICENSE NO.DATEI HEREBY CERTIFY THAT THIS PLAN,SPECIFICATION, OR REPORT WASPREPARED BY ME OR UNDER MY DIRECTSUPERVISION AND THAT I AM A DULYLICENSED LANDSCAPE ARCHITECT UNDERTHE LAWS OF THE STATE OF MINNESOTA.07/22/21LANDSCAPE NOTES:01" = 30'-0"30'-0"15'-0"NKnow what'sbelow.before you dig.CallR1.ALL EXISTING UTILITY LOCATIONS SHOWN ARE APPROXIMATE. CONTACT "GOPHER STATE ONE CALL" (651-454-0002 OR800-252-1166) FOR UTILITY LOCATIONS, 48 HOURS PRIOR TO CONSTRUCTION. THE CONTRACTOR SHALL REPAIR ORREPLACE ANY UTILITIES THAT ARE DAMAGED DURING CONSTRUCTION AT NO COST TO THE OWNER.2.WHERE SHOWN, SHRUB & PERENNIAL BEDS SHALL BE MULCHED WITH 4" DEPTH (MINIMUM AFTER INSTALLATION AND/ORTOP DRESSING OPERATIONS) OF SHREDDED CEDAR MULCH.3.ALL TREES SHALL BE MULCHED WITH SHREDDED CEDAR MULCH TO OUTER EDGE OF SAUCER OR TO EDGE OF PLANTINGBED, IF APPLICABLE. ALL MULCH SHALL BE KEPT WITHIN A MINIMUM OF 2" FROM TREE TRUNK.4.IF SHOWN ON PLAN, RANDOM SIZED LIMESTONE BOULDERS COLOR AND SIZE TO COMPLIMENT NEW LANDSCAPING.OWNER TO APPROVE BOULDER SAMPLES PRIOR TO INSTALLATION.5.PLANT MATERIALS SHALL CONFORM WITH THE AMERICAN ASSOCIATION OF NURSERYMEN STANDARDS AND SHALL BE OFHARDY STOCK, FREE FROM DISEASE, DAMAGE AND DISFIGURATION. CONTRACTOR IS RESPONSIBLE FOR MAINTAININGPLUMPNESS OF PLANT MATERIAL FOR DURATION OF ACCEPTANCE PERIOD.6.UPON DISCOVERY OF A DISCREPANCY BETWEEN THE QUANTITY OF PLANTS SHOWN ON THE SCHEDULE AND THEQUANTITY SHOWN ON THE PLAN, THE PLAN SHALL GOVERN.7.CONDITION OF VEGETATION SHALL BE MONITORED BY THE LANDSCAPE ARCHITECT THROUGHOUT THE DURATION OFTHE CONTRACT. LANDSCAPE MATERIALS PART OF THE CONTRACT SHALL BE WARRANTED FOR ONE (1) FULL GROWINGSEASONS FROM SUBSTANTIAL COMPLETION DATE.8.ALL AREAS DISTURBED BY CONSTRUCTION ACTIVITIES SHALL RECEIVE 4" LAYER TOPSOIL AND SOD AS SPECIFIEDUNLESS OTHERWISE NOTED ON THE DRAWINGS.9.COORDINATE LOCATION OF VEGETATION WITH UNDERGROUND AND OVERHEAD UTILITIES, LIGHTING FIXTURES, DOORSAND WINDOWS. CONTRACTOR SHALL STAKE IN THE FIELD FINAL LOCATION OF TREES AND SHRUBS FOR REVIEW ANDAPPROVAL BY THE LANDSCAPE ARCHITECT PRIOR TO INSTALLATION.10.ALL PLANT MATERIALS SHALL BE WATERED AND MAINTAINED UNTIL ACCEPTANCE.11.REPAIR AT NO COST TO OWNER ALL DAMAGE RESULTING FROM LANDSCAPE CONTRACTOR'S ACTIVITIES.12.SWEEP AND MAINTAIN ALL PAVED SURFACES FREE OF DEBRIS GENERATED FROM LANDSCAPE CONTRACTOR'SACTIVITIES.13.REPAIR AT NO COST TO THE OWNER IRRIGATION SYSTEM DAMAGED FROM LANDSCAPE CONSTRUCTION ACTIVITIES.14.PROVIDE SITE WIDE IRRIGATION SYSTEM DESIGN AND INSTALLATION. SYSTEM SHALL BE FULLY PROGRAMMABLE ANDCAPABLE OF ALTERNATE DATE WATERING. THE SYSTEM SHALL PROVIDE HEAD TO HEAD OR DRIP COVERAGE AND BECAPABLE OF DELIVERING ONE INCH OF PRECIPITATION PER WEEK. SYSTEM SHALL EXTEND INTO THE PUBLICRIGHT-OF-WAY TO THE EDGE OF PAVEMENT/BACK OF CURB.15.CONTRACTOR SHALL SECURE APPROVAL OF PROPOSED IRRIGATION SYSTEM INLCUDING PRICING FROM OWNER, PRIORTO INSTALLATION.CITY OF GOLDEN VALLEY LANDSCAPE REQUIREMENTS:1.MINIMUM LANDSCAPE REQUIREMENTS FOR SINGLE-FAMILY (R-1), PER SECTION 111-8:1.1.(3) TREES PER LOT, (1) OF WHICH TREE MUST BE IN THE FRONT YARD;1.2.ANY COMBINATION OF (5) SHRUBS & PERENNIALS IN EACH LOT.2.MINIMUM LANDSCAPE REQUIREMENT CALCULATIONS:2.1.3 TREES PER LOT REQ'D X 7 LOTS = MIN. 21 TREES REQUIRED2.2.5 SHRUBS / PERENNIALS PER LOT REQ'D X 7 = MIN. 35 SHRUBS / PERENNIALS REQUIRED2.3.REPLACEMENT TREES CAN COUNT TOWARDS MINIMUM REQUIRED TREES.2.3.1.CALCULATIONS:132 REPLACEMENT TREES REQ'D - 21 MIN. LANDSCAPE TREES REQ'D - 13 PRESERVED SIGNIFICANT TREES =98 REPLACEMENT TREES REQ'D. REFER TO TREE PRESERVATION PLAN FOR ADDITIONAL CALCS.SHRUB & PERENNIAL MATERIAL NOT SHOWN ON THIS SHEET FOR GRAPHIC CLARITY.SEE SHEETS L1.1 - L1.2. 1 - TT1 - TT3 - HP3 - CK3 - NL23 - EE3 - ST3 - TT1 - TT1 - TT3 - HP3 - CK3 - NL23 - EE3 - ST3 - TT1 - TT1 - TT3 - HP7 - NL23 - CK4 - EE4 - SP3 - TT1 - TT1 - TT3 - HP7 - NL23 - CK4 - EE4 - SP3 - TT3 - CK7 - NL24 - EE3 - TT4 - SP1 - TT1 - TT3 - EE3 - CK7 - NL24 - EE3 - TT4 - SP1 - TT1 - TT3 - EE1 - TT1 - TT3 - EE3 - CK3 - HP3 - NL23 - SP3 - ST1 - TT1 - TT3 - EE3 - CK3 - HP3 - NL23 - SP3 - STREVISION SUMMARYDATEDESCRIPTIONL1.1LANDSCAPE PLAN............Civil Engineering Surveying Landscape Architecture4931 W. 35th Street, Suite 200St. Louis Park, MN 55416civilsitegroup.com 612-615-0060GOLDEN VALLEY COUNTRY CLUB VILLAS PENNSYLVANIA AVE N. & PLYMOUTH AVE N., GOLDEN VALLEY, MN 55427 7500 W 78TH ST., MINNEAPOLIS, MN 55439 RON CLARK CONSTRUCTION PROJECT ISSUE/SUBMITTAL SUMMARYDATEDESCRIPTION............PROJECT NUMBER:21191............07/23/2021CITY SUBMITTALDRAWN BY:REVIEWED BY:JSXX..............COPYRIGHT CIVIL SITE GROUP INC.cP R E L I M I N A R Y : N O T F O R C O N S T R U C T I O N24904Patrick J. SarverLICENSE NO.DATEI HEREBY CERTIFY THAT THIS PLAN,SPECIFICATION, OR REPORT WASPREPARED BY ME OR UNDER MY DIRECTSUPERVISION AND THAT I AM A DULYLICENSED LANDSCAPE ARCHITECT UNDERTHE LAWS OF THE STATE OF MINNESOTA.07/22/2101" = 10'-0"10'-0"5'-0"NKnow what'sbelow.before you dig.CallRLOT 1 - LANDSCAPING1" = 10'LOT 2 - LANDSCAPING1" = 10'LOT 3 - LANDSCAPING1" = 10'123LOT 4 - LANDSCAPING1" = 10'4 1 - TT3 - HP1 - TT1 - TT1 - TT3 - HP5 - HJ3 - TT3 - EE3 - NL23 - CK3 - CK3 - NL23 - TT3 - EE5 - HJ1 - TT3 - HP1 - TT1 - TT1 - TT3 - HP5 - HJ3 - TT3 - EE3 - NL23 - CK3 - CK3 - NL23 - TT3 - EE5 - HJ1 - TT3 - HP1 - TT3 - CK3 - NL23 - TT3 - EE5 - HJ1 - TT3 - HP1 - TT3 - CK3 - NL23 - TT3 - EE5 - HJ1 - TT1 - TT3 - EE3 - CK5 - NL23 - HP3 - TT3 - ST1 - TT1 - TT3 - EE3 - CK5 - NL23 - HP3 - TT3 - STREVISION SUMMARYDATEDESCRIPTIONL1.2LANDSCAPE PLAN............Civil Engineering Surveying Landscape Architecture4931 W. 35th Street, Suite 200St. Louis Park, MN 55416civilsitegroup.com 612-615-0060GOLDEN VALLEY COUNTRY CLUB VILLAS PENNSYLVANIA AVE N. & PLYMOUTH AVE N., GOLDEN VALLEY, MN 55427 7500 W 78TH ST., MINNEAPOLIS, MN 55439 RON CLARK CONSTRUCTION PROJECT ISSUE/SUBMITTAL SUMMARYDATEDESCRIPTION............PROJECT NUMBER:21191............07/23/2021CITY SUBMITTALDRAWN BY:REVIEWED BY:JSXX..............COPYRIGHT CIVIL SITE GROUP INC.cP R E L I M I N A R Y : N O T F O R C O N S T R U C T I O N24904Patrick J. SarverLICENSE NO.DATEI HEREBY CERTIFY THAT THIS PLAN,SPECIFICATION, OR REPORT WASPREPARED BY ME OR UNDER MY DIRECTSUPERVISION AND THAT I AM A DULYLICENSED LANDSCAPE ARCHITECT UNDERTHE LAWS OF THE STATE OF MINNESOTA.07/22/2101" = 10'-0"10'-0"5'-0"NKnow what'sbelow.before you dig.CallR5LOT 5 - LANDSCAPING1" = 10'6LOT 6 - LANDSCAPING1" = 10'7LOT 7 - LANDSCAPING1" = 10' REVISION SUMMARYDATEDESCRIPTIONL1.3LANDSCAPE PLANNOTES & DETAILS............Civil Engineering Surveying Landscape Architecture4931 W. 35th Street, Suite 200St. Louis Park, MN 55416civilsitegroup.com 612-615-0060GOLDEN VALLEY COUNTRY CLUB VILLAS PENNSYLVANIA AVE N. & PLYMOUTH AVE N., GOLDEN VALLEY, MN 55427 7500 W 78TH ST., MINNEAPOLIS, MN 55439 RON CLARK CONSTRUCTION PROJECT ISSUE/SUBMITTAL SUMMARYDATEDESCRIPTION............PROJECT NUMBER:21191............07/23/2021CITY SUBMITTALDRAWN BY:REVIEWED BY:JSXX..............COPYRIGHT CIVIL SITE GROUP INC.cP R E L I M I N A R Y : N O T F O R C O N S T R U C T I O N24904Patrick J. SarverLICENSE NO.DATEI HEREBY CERTIFY THAT THIS PLAN,SPECIFICATION, OR REPORT WASPREPARED BY ME OR UNDER MY DIRECTSUPERVISION AND THAT I AM A DULYLICENSED LANDSCAPE ARCHITECT UNDERTHE LAWS OF THE STATE OF MINNESOTA.07/22/211.ENTIRE SITE SHALL BE FULLY IRRIGATED. THE CONTRACTOR SHALL SUBMIT IRRIGATION SHOP DRAWINGS FOR REVIEWAND APPROVAL BY THE LANDSCAPE ARCHITECT PRIOR TO INSTALLATION.2.SEE MECHANICAL AND ELECTRICAL PLANS AND SPECIFICATIONS FOR IRRIGATION WATER, METER, AND POWERCONNECTIONS.3.CONTRACTOR TO VERIFY LOCATION OF ALL UNDERGROUND/ABOVE GROUND FACILITIES PRIOR TO ANYEXCAVATION/INSTALLATION. ANY DAMAGE TO UNDERGROUND/ABOVE GROUND FACILITIES SHALL BE THERESPONSIBILITY OF THE CONTRACTOR AND COSTS ASSOCIATED WITH CORRECTING DAMAGES SHALL BE BORNEENTIRELY BY THE CONTRACTOR.4.SERVICE EQUIPMENT AND INSTALLATION SHALL BE PER LOCAL UTILITY COMPANY STANDARDS AND SHALL BE PERNATIONAL AND LOCAL CODES. EXACT LOCATION OF SERVICE EQUIPMENT SHALL BE COORDINATED WITH THELANDSCAPE ARCHITECT OR EQUIVALENT AT THE JOB SITE.5.CONTRACTOR SHALL COORDINATE WITH LOCAL UTILITY COMPANY FOR THE PROPOSED ELECTRICAL SERVICE ANDMETERING FACILITIES.6.IRRIGATION WATER LINE CONNECTION SIZE IS 1-12" AT BUILDING. VERIFY WITH MECHANICAL PLANS.COVAGE.7.ALL MAIN LINES SHALL BE 18" BELOW FINISHED GRADE.8.ALL LATERAL LINES SHALL BE 12" BELLOW FINISHED GRADE.9.ALL EXPOSED PVC RISERS, IF ANY, SHALL BE GRAY IN COLOR.10.CONTRACTOR SHALL LAY ALL SLEEVES AND CONDUIT AT 2'-0" BELOW THE FINISHED GRADE OF THE TOP OF PAVEMENT.EXTEND SLEEVES TO 2'-0" BEYOND PAVEMENT.11.CONTRACTOR SHALL MARK THE LOCATION OF ALL SLEEVES AND CONDUIT WITH THE SLEEVING MATERIAL "ELLED" TO2'-0" ABOVE FINISHED GRADE AND CAPPED.12.FABRICATE ALL PIPE TO MANUFACTURE'S SPECIFICATIONS WITH CLEAN AND SQUARE CUT JOINTS. USE QUALITY GRADEPRIMER AND SOLVENT CEMENT FORMULATED FOR INTENDED TYPE OF CONNECTION.13.BACKFILL ALL TRENCHES WITH SOIL FREE OF SHARP OBJECTS AND DEBRIS.14.ALL VALVE BOXES AND COVERS SHALL BE BLACK IN COLOR.15.GROUP VALVE BOXES TOGETHER FOR EASE WHEN SERVICE IS REQUIRED. LOCATE IN PLANT BED AREAS WHENEVERPOSSIBLE.16.IRRIGATION CONTROLLER LOCATION SHALL BE VERIFIED ON-SITE WITH OWNER'S REPRESENTATIVE.17.CONTROL WIRES: 14 GAUGE DIRECT BURIAL, SOLID COPPER IRRIGATION WIRE. RUN UNDER MAIN LINE. USEMOISTURE-PROOF SPLICES AND SPLICE ONLY AT VALVES OR PULL BOXES. RUN SEPARATE HOT AND COMMON WIRE TOEACH VALVE AND ONE (1) SPARE WIRE AND GROUND TO FURTHEST VALVE FROM CONTROLLER. LABEL OR COLOR CODEALL WIRES.18.AVOID OVER SPRAY ON BUILDINGS, PAVEMENT, WALLS AND ROADWAYS BY INDIVIDUALLY ADJUSTING RADIUS OR ARCON SPRINKLER HEADS AND FLOW CONTROL ON AUTOMATIC VALVE.19.ADJUST PRESSURE REGULATING VALVES FOR OPTIMUM PRESSURE ON SITE.20.USE SCREENS ON ALL HEADS.21.A SET OF AS-BUILT DRAWINGS SHALL BE MAINTAINED ON-SITE AT ALL TIMES IN AN UPDATED CONDITION.22.ALL PIPE 3" AND OVER SHALL HAVE THRUST BLOCKING AT EACH TURN.23.ALL AUTOMATIC REMOTE CONTROL VALVES WILL HAVE 3" MINIMUM DEPTH OF 3/4" WASHED GRAVEL UNDERNEATHVALVE AND VALVE BOX. GRAVEL SHALL EXTENT 3" BEYOND PERIMETER OF VALVE BOX.24.THERE SHALL BE 3" MINIMUM SPACE BETWEEN BOTTOM OF VALVE BOX COVER AND TOP OF VALVE STRUCTURE.IRRIGATION NOTES:FACE OF BUILDING, WALL, OR STRUCTUREMIN. 3" LAYER OF ROCK MULCH AS SPECIFIED. PROVIDE SAMPLE TOLANDSCAPE ARCHITECT FOR APPROVAL PRIOR TO INSTALLATIONFINISHED GRADECOMPACTED SUBGRADEWATER PERMEABLE GEOTEXTILE FABRIC AS SPECIFIED18" - VERIFY W/ PLANAGGREGATE MAINTANENCE STRIPN T SSTAKED LANDSCAPE EDGER AS SPECIFIED, SEE MANUFACTURER'SINSTRUCTIONS AND SPECS. FOR INSTALLATION AND PLACEMENTSLOPE - MIN. 2%, MAX. 5:1VERIFY W/ GRADING PLAN1Know what'sbelow.before you dig.CallRPERENNIAL BED PLANTINGN T SPLANT TOP OF ROOTBALL 1-2" ABOVE ABOVESURROUNDING GRADEROOTS AT OUTER EDGE OF ROOTBALL LOOSENED TOENSURE PROPER BACKFILL-TO-ROOT CONTACTSLOPE SIDES OF HOLE OR VERTICAL SIDES AT EDGE OFPLANTING BEDEXISTING GRADEROCK OR ORGANIC MULCH, SEE GENERAL LANDSCAPENOTES AND PLAN NOTES FOR MULCH TYPE. KEEPMULCH MIN. 2" FROM PLANT STEMBACKFILL AS PER SPECIFICATIONDO NOT EXCAVATE BELOW ROOTBALL.SIZE VARIESSEE LANDSCAPE PLANMODIFY EXCAVATION BASED ON LOCATION OF PLANTMATERIAL AND DESIGN OF BEDS OR OVERALL PLANTPLACEMENT4DECIDUOUS & CONIFEROUS SHRUB PLANTINGN T SPRUNE AS FIELD DIRECTED BY THE LANDSCAPEARCHITECT TO IMPROVE APPEARANCE (RETAINNORMAL SHAPE FOR SPECIES)PLANT TOP OF ROOTBALL 1-2" ABOVE ABOVESURROUNDING GRADEROOTS AT OUTER EDGE OF ROOTBALL LOOSENED TOENSURE PROPER BACKFILL-TO-ROOT CONTACTSLOPE SIDES OF HOLE OR VERTICAL SIDES AT EDGE OFPLANTING BEDEXISTING GRADEROCK OR ORGANIC MULCH, SEE GENERAL LANDSCAPENOTES AND PLAN NOTES FOR MULCH TYPE. KEEPMULCH MIN. 2" FROM PLANT TRUNKBACKFILL AS PER SPECIFICATIONDO NOT EXCAVATE BELOW ROOTBALL.THREE TIMES WIDTHOF ROOTBALLRULE OF THUMB - MODIFY EXCAVATION BASED ONLOCATION OF PLANT MATERIAL AND DESIGN OF BEDSOR OVERALL PLANT PLACEMENT3THREE TIMES WIDTHOF ROOTBALLDECIDUOUS & CONIFEROUS TREE PLANTINGN T SPRUNE AS FIELD DIRECTED BY THE LANDSCAPEARCHITECT TO IMPROVE APPEARANCE (RETAINNORMAL TREE SHAPE)THREE 2"X4"X8' WOODEN STAKES, STAINED BROWNWITH TWO STRANDS OF WIRE TWISTED TOGETHER.STAKES SHALL BE PLACED AT 120° TO ONE ANOTHER.WIRE SHALL BE THREADED THROUGH NYLONSTRAPPING WITH GROMMETS. ALTERNATE STABILIZINGMETHODS MAY BE PROPOSED BY CONTRACTOR.TRUNK FLARE JUNCTION: PLANT TREE 1"-2" ABOVEEXISTING GRADEMULCH TO OUTER EDGE OF SAUCER OR TO EDGE OFPLANTING BED, IF APPLICABLE. ROCK OR ORGANICMULCH, SEE GENERAL LANDSCAPE NOTES AND PLANNOTES FOR MULCH TYPE. KEEP MULCH MIN. 2" FROMPLANT TRUNKEXISTING GRADECUT AND REMOVE BURLAP FROM TOP 1/3 OF ROOTBALL. IF NON-BIODEGRADABLE, REMOVE COMPLETELYSLOPE SIDES OF HOLE OR VERTICAL SIDES AT EDGE OFPLANTING BEDBACKFILL AS SPECIFIEDCOMPACT BOTTOM OF PIT, TYP.RULE OF THUMB - MODIFY EXCAVATION BASED ONLOCATION OF PLANT MATERIAL AND DESIGN OF BEDSOR OVERALL PLANT PLACEMENT2 VILLA HOME BROOKS Main Level 1966 sq ft Lower Level 1591 sq ft TOTAL 3557 sq ft 2016© Ron Clark Construction & Design. All rights reserved. Do not copy or allow these prints to be copied. Floor plans shown are for illustrative purposes only and subject to change. Please see our sales consultant for details. 2/18/16 VILLA HOME JONDAHL Main Level 2042 sq ft Lower Level 1648 sq ft TOTAL 3690 sq ft 2016© Ron Clark Construction & Design. All rights reserved. Do not copy or allow these prints to be copied. Floor plans shown are for illustrative purposes only and subject to change. Please see our sales consultant for details. 2/18/16 ALEXANDER Main Level 1940 sq ft Lower Level 1735 sq ft TOTAL 3675 sq ft 2016© Ron Clark Construction & Design. All rights reserved. Do not copy or allow these prints to be copied. Floor plans shown are for illustrative purposes only and subject to change. Please see our sales consultant for details. 2/18/16 VILLA HOME VILLA HOME 2018© Ron Clark Construction & Design. All rights reserved. Do not copy or allow these prints to be copied. Floor plans shown are for illustrative purposes only and subject to change. Please see our sales consultant for details. 4/2018 RAMSEY 2 Main Level 1668 sq ft Lower Level 1244 sq ft TOTAL 2912 sq ft OPT Sun Room 155 sq ft OPT Flex Room 161 sq ft 7500 West 78th Street Edina, MN 55439 (952) 947-3000 fax (952) 947-3030 Page 1 of 5 Friday, July 23, 2021 Jason Zimmerman City of Golden Valley 7800 Golden Valley Road Golden Valley, MN 55427 RE: Golden Valley Country Club Villas (GVCC Villas) Preliminary PUD Application Subject: Project Narrative Introduction GVCC Villas is a proposed development of an existing vacant parcel located in the NW corner of the Golden Valley Country Club’s Golf Course to be developed by Ron Clark Construction and Design. The overall goal is to balance the existing natural environments while adding new housing to create a small neighborhood that’s adds to the city and revitalizes an underutilized property. The first step in this process was to determine if the city agrees that changing the land use and zoning for this parcel to low density residential is a good use for the property vs it continuing to sit vacant. This approval was received on May 4th, 2021. The next step in the process is our submittal for a preliminary PUD which was discussed at the prior meetings as the preferred direction for the site. The ability to do a PUD on the site vs. standard zoning allows for the site to incorporate the best planning to maintain some open space buffers at the intersection, preservation of more trees and reforestation with higher quality tress in areas that will continue to benefit the area for years to come. The PUD flexibility requested for the site creates a much better overall neighborhood then developing the same number of lots under the standard zoning rules. This new project will create new housing on vacant underutilized land, improve water quality going into Bassett Creek, create value for the existing area and increase the city’s tax base. • Existing Zoning and the Future Land Use designations were: Institutional, Sub-district I-4 which includes Golf Courses, Parks and Natural Areas prior to our requested changes noted below were approved by the City Council on 5/4/21. • The City Council on 5/4/21 approved the zoning change to R-1 single family zoning and Land Use change to Low Density Residential, both of which allow up to 5 housing units per acre, which will allow us to build seven (7) single family Villa Homes on about 2.25 acres. (Average of ~14,000 sq. ft. per home) 7500 West 78th Street Edina, MN 55439 (952) 947-3000 fax (952) 947-3030 Page 2 of 5 • Our current application for a Preliminary PUD is based on the previous applications and approvals and is requesting some flexibility as allowed within the parameters of the PUD process including: o Public Street width, setbacks & ROW o Building setbacks o Lot sizes Planning The proposed development plan is for seven (7) single family Villa homes located on a new public road within the site. Site access will be from both Pennsylvania and Plymouth Avenues as determined by discussions with staff and our project team as the best solution. This solution allows the homes to be setback from the main streets this also allows room for the creation of a permanent landscape buffer near the intersection with many new trees and other vegetation. In additional we are treating all of our storm water in underground system which is a very efficient system and maintain more green space on the surface. This small alcove of homes will add to the current neighborhood and create value for the existing neighbors by delivering new high-quality residential homes with views of the golf course to the area. Planned Unit Development The single family PUD requires a maximum of 38% site coverage our plan shows 33.2% site coverage. Public Amenities provided within our proposed development include the below listed items: 1) Reduce building waste a. Engineered floor & roof trusses b. Wall panels to reduce on-site waste c. Locally sourced materials (windows, siding, OSB, components) 2) Recycle program a. Atomic Waste Recycling Program 3) Renewable Energy a. Solar rough-in to allow installation after construction is completed 4) Exterior Envelope a. MN GreenPath Program-Advanced Certification b. Roofing 40yr shingles c. All foundation insulation is exterior “WatchDog Tuff-n-Dri Foundation Exterior Insulation System 7500 West 78th Street Edina, MN 55439 (952) 947-3000 fax (952) 947-3030 Page 3 of 5 5) Windows & Doors a. Energy Star Exterior Doors & Windows b. Certified installation during construction 6) Insulation a. MN GreenPath Program-Advanced Certification b. Inspected & tested during construction 7) Interior a. Wd Floor domestic materials b. Carpet – No VOC c. Tile-locally sourced recommended 8) Paint/Stain a. No VOC 9) Lighting a. MN GreenPath Program-Advanced Certification 10) HVAC a. MN GreenPath Program-Advanced Certification b. Inspected and tested during construction 11) Cabinets & Tops a. Locally sourced or manufactured 12) Appliances a. Energy Star Rated b. MN GreenPath Program-Advanced Certification 13) Plumbing Fixtures a. MN GreenPath Program-Advanced Certification 14) Indoor Air Quality a. MN GreenPath Program-Advanced Certification b. Tested & certified during construction 15) Landscaping a. Native vegetation b. Pollinator Plants c. Engineered Irrigation plan d. Project designed & certified by Landscape Architect 16) Other Resources a. MN GreenPath Program-Advanced Certification b. 3 site visits during construction/inspected/documented c. Blower door tested & certified 7500 West 78th Street Edina, MN 55439 (952) 947-3000 fax (952) 947-3030 Page 4 of 5 Parks, Trails and Landscaping All homes within the development will have direct access to existing city sidewalks and trails and enjoy beautiful views of the existing Golden Valley Country Club & Golf Course and the Minneapolis skyline. The site and new home landscaping is designed to blend with the current golf course amenities and trees. Though replacement tree plantings can never initially make up for the necessary tree removal, many of the existing tress that will be removed are near the end of their life span, native species will be selected and placed in an effort toward reforestation for a future healthy habitat. Plant selections with wetland preservation and enhancement will create an Urban Ecology theme throughout the development. We have worked with various city’s in the past to create neighborhoods near sensitive ecological areas with great results for both the residents and environment. We recently worked closing with the city of Minnetonka to create Legacy Oaks, a unique neighborhood surrounded by wetlands and natural areas, the final result is beautiful homes and substantial improvement of wetland functions and water quality along with improvement of the surrounding natural areas. Housing and Architecture The single family Villa homes will be planned and designed to fit into the existing neighborhood but also will add a new style of housing not currently in the neighborhood. We are planning a mix of home designs that range between 2700 and 3700 square feet. The home designs will offer two car-plus garages, sunrooms, porches, and decks with a variety internal floorplans and exterior styles. The overall architecture is still in the development stage and will be completed with involvement from the course as to the architectural guidelines but if you look at the neighborhoods we are currently working on, you will get a feel of the quality the homes, the varied designs and neighborhood feel we deliver. We also focus on energy efficient building practices as part of the Minnesota Green Path Builder program. Associations A Home Owners Association will be planned for the neighborhood. The association will maintain each homes snow removal and lawn care along with maintaining any common area landscaping. 7500 West 78th Street Edina, MN 55439 (952) 947-3000 fax (952) 947-3030 Page 5 of 5 Included in our development application are the below listed documents: (all documents submitted electronically on 7/23/21) and are organized per the following outline. 00) This project description and narrative 01) Preliminary PUD and Plat Application 02) Survey & Legal Description 03) Landscaping & Tree Plan along with Removal plan 04) Exterior Lighting Information 05) Preliminary Plat 06) Civil engineered plans for grading & utilities 07) Architectural Site Plan 08) Building Plans & Elevations 09) PUD Scoring requirements and MN GreenPath Information Fees: A check for the city fees for the above applications and the original signed application was delivered to the city prior to the submittal Conclusion Ron Clark Construction is honored to have the opportunity to develop this new single-family Villa neighborhood in Golden Valley in conjunction with the Golden Valley Country Club. We were selected by the course from a group of application because the course felt we could deliver a new neighborhood that both the City and the Golf Course would be proud of. We believe our concept both protects and enhances the existing natural amenities while developing an underutilized area of the city by adding high quality housing, new residents and increased tax base. We are proud to present this high-quality Ron Clark Construction development concept for your consideration and look forward to working with the City of Golden Valley through the approval and construction process. Mike Waldo CEO Mike Roebuck President Minnesota’s Green Pathsm is an energy and green building program for the residential construction industry. Launched by the Builders Association of the Twin Cities (BATC) in late 2011, MN Green Path provides builders with a realistic approach to building energy-efficient and sustainable homes. The program offers two green certification levels (advanced and master), plus a base energy tested level which is on the way to becoming an industry standard. One of the reasons for Green Path’s popularity is its exclusive Home Performance Report (HPR). The HPR is at the heart of MN Green Path, providing home buyers with test results from third- party, independent RESNET energy raters in an easy-to- understand and compare format, like a new vehicle’s MPG window sticker. ENERGY TESTED HERS Index52 This home is 48% m o r e e n e r g y efficient than the H E R S reference home built t o c o d e 1. Home Performan c e R e p o r t MN GREEN PAT H | W W W . M N G R E E N P A T H . O R G Home Address: XXXX Home Stree t Minnetrista MN 5 5 3 3 1 Square Feet: 4630Bedrooms: 5Baths: 5 Builder: Building Companywww.buildername.c o m AVG OLDER HOME NET ZERO HOME 130+ 0 52 1The RESNET Home E n e r g y R a t i n g S y s t e m ( H E R S ) s c o r e r a t e s h o m e s a g a i n s t a n i n d e x o f t h e c o d e r e f e r e n c e h o m e o f 1 0 0 . T h e l o w e r t h e score, the more ene r g y efficient the home. O l d e r h o m e s o f t e n s c o r e 1 3 0 o r h i g h e r . I n M i n n e s o t a t o d a y , n e w h o m e s b u i l t t o c o d e g e n e r a l l y t e s t a b o u t 8 0 . 2The Air Changes Per H o u r a t 5 0 P a s c a l s ( A C H 5 0 ) i s t h e i n d e x u s e d i n b l o w e r d o o r t e s t i n g t o i n d i c a t e h o w a i r t i g h t a h o m e i s . A s with HERS, the lowe r t h e s c o r e the more energy effici e n t t h e h o m e . Minnesota’s Green P a t h i s a p r o g r a m o f t h e B u i l d e r s A s s o c i a t i o n o f t h e T w i n C i t i e s . Serial #014250 WORST 10 1.0 ACH50 BEST These results reflect Air Changes per Hour of measured air flow 2. 0 1.0 AVGMN NEW HOME CODE REFERENCE HOME Which one are you? •It’s the environment, stupid. Building a new home for you will mean recycled materials, super-energy construction, built-in recycling bins, maybe even a gray water reservoir and definitely solar a panels. •It’s all about the money. When you build you’ll be looking at the bottom line, today and into the future. Yes, there will be energy-saving construction to keep your future bills low, and you’ll calculate the return on investment for every single choice you make. In all reality, most of us fall somewhere in between those two extremes. And that’s OK. The beauty of Minnesota’s Green Path is that it is for everyone, from passionate environmentalist to bean-counter extraordinaire. Green Path boasts “radical transparency,” so no matter what route you choose through the program, you’ll receive an easily-understood Home Performance Report (HPR) with details about the efforts you’ve made. And, we’re confident this will make your home even more valuable in years to come. Meeting More Home Buyer’s Needs It’s very clear from study after study that today’s home buyers want some level of improved energy efficiency, but still don’t want to pay too much for green features. Buyers today are also information starved. They want to know everything they can about a product before they buy it. MN’s Green Path succeeds in bringing these two realities together beautifully with a green-build program anchored on choice and on providing the missing data to help you make home buying decisions that are right for you. When you buy a new home, you’ll spend a lot of time balancing your choices. You can compare prices between neighborhoods, home styles, size and number of rooms. Do you want a big neighborhood or a more intimate setting? Do you want the value of a two-story or the convenience of a rambler? Will you exchange extra square footage for more luxurious finishings? But understanding the mechanical side of a new home isn’t quite so simple. Just how do you measure a home’s energy performance factors, its indoor environmental quality or its durability? How a home performs is a combination of many factors, from construction materials and techniques, to equipment choices and R-values (the unit thermal resistance, generally in walls and ceilings). And that’s where Green Path’s Home Performance Report (HPR) and energy testing comes in. It removes the mystery of how well all of those variables work together, with a test score that can be compared with others. Just like the MPG window sticker on a new car, the HPR helps you make better choices about your own family’s needs and wants. You and your builder choose the level of energy efficiency and green features appropriate to your needs and budget, and Minnesota’s Green Path ensures complete transparency — documenting the home’s HERS score and green features for all to see on the Green Path HPR. Minnesota’s Green Path, The Right Path for Minnesota Home Buyers…All of You. The Three Levels of Minnesota’s Green Path Energy Tested: The first level of MN’s Green Path is Energy Tested. These homes have been tested and rated by a third-party, independent RESNET Rater. Each receives an attractive Green Path HPR with the HERS and ACH50 (air exchange index) test results. For those buyers who want more efficiency and environmental sensitivity in the construction of their new home, MN’s Green Path offers two green certification options. These levels require a higher level of energy and green choices. Certification requirements include: Advanced Certified: A new home with a HERS score of no more than 55 (the average Minnesota code-built home currently scores 80). The home must also earn 5 total points in Energy Efficiency, 5 points in Indoor Environmental Quality, 5 points in one of Water Conservation, Resource Management or Site/Development disciplines, and 5 points from any elective checklist. Master Certified: A new home with a HERS score of no more than 50 (the average Minnesota code-built home currently scores 80). The home must also earn 10 total points in each of the five areas of green construction: Energy Efficiency, Indoor Environmental Quality, Water Conservation, Resource Management and Site/ Development. Advanced and Certified points are offered for use of green construction materials, techniques and products per the Green Path checklist, which you can find online at www.MNGreenPath.org. Your Path to Certification:HERS Index52 AVG OLDER HOME NET ZERO HOME 130+0 52 AVG MN NEW HOME 60 OR LESS ADVANCED CERTIFED REQ. 50 OR LESS MASTER CERTIFED REQ. CODE REFERENCE HOME Since not just new home buyers are interested in energy and green, MN’s Green Path has brought its unique combination of choice and documentation to remodeling. Like the new-home program, MN’s Green Path for Remodelers begins with energy testing, in this case an energy audit to understand the home’s current energy efficiency. Then your remodeler will work with you to determine the best remodeling solutions to meet your energy-saving and green goals. Once your remodeling is complete, MN’s Green Path will provide you with documentation about the energy and green features that have been incorporated into your home in the form of a Home Performance Report (HPR). Each HPR clearly denotes the home’s energy ratings (if the project included testing) and any green features included in the remodeling — placing your home on the Green Path, now and for future renovations. As we’ve said all along, MN’s Green Path doesn’t always have to be radically green, but it is always radically transparent. Make sure your next home includes a MN’s Green Path Home Performance Report so you can compare all of your choices. More information is available at mngreenpath.org. And remember to ask your contractor to add MN Green Path when you build or remodel. Minnesota’s Green Path for Remodeling, Too! 2015 SPONSORS Trailblazer Sponsors: Pioneer Sponsors: Visionary Sponsor: Minnesota’s Green Path is a program of the Builders Association of the Twin Cities implemented in partnership with Residential Science Resources, LLC. THE EVOLUTION OF INSULATION ™ CERTIFIED PEND Low flow faucets Programmable thermostat installed Install rigid ducting ENERGY STAR® appliances High efficiency wall insulation Your HPR framed and displayed to make all your neighbors green with envy. HPR = Home Performance Report OPTIONAL ELECTIVE: geothermal system installed During construction, on-site disposal with vendor who recycles Required Optional Elective BRINGING SEXY BACK TO HVAC greenMI NNE SO TA’ S Your very own Green Path “Bringing Sexy Back to HVAC” magnet. OPTIONAL ELECTIVE: high efficiency furnace High efficiency lighting in 50% of home 50% SFI/FSC/CSA certified lumber R-10 exterior foundation insulation Happy homeowners blazing the Path may feel the overwelming urge to display their excitement. Ductwork in exterior wall cavities sealed with R-10 rigid foam Air seal around window with low expansion foam insulation green EF F ICIE NTD URAB LEHO ME S M INN E SOTA’S CERTIFIEDPENDING HERS Index HERS Index56 130 120 110 100 90 80 70 60 50 40 30 20 10 0 Existing Typical Home Net ZeroEnergy HomeYour Home You Are Here MN’s Green PathCERTIFIED MN’s Green PathADVANCEDCERTIFIED MN’s Green PathMASTER CERTIFIED ■56 HERS Index ■Blower door test result of ≤0.3 cfm per sq ft■ENERGY STAR Certied (or better) Dishwasher,Clothes washer, Refrigerator■Energy ecient lighting in 50% of whole house(CFL)■High Eciency Exterior Wall Insulation (R-21)■High Eciency Foundation Insulation (R-10)■Low Expansion Foam Insulation around outsidewindow and door units■Rigid foam in all exterior wall cavities(R-10)■Programmable thermostat Indoor Environmental QualityEnergy Efficiency ■Home ventilated mechanically for 48 hours prior tooccupancy■Gas combustion equipment sealed/direct vented■Attach garage sealed: air barrier, common walls,ceiling, and penetrations all sealed prior to insulation■Gasketed door to living space■Provide capillary breaks for moisture management:between top of footings and bottom of foundation wall; below slabs; and where cementitious products connect to framing material■Building cavities are not used as part of duct work forsupplies and returns.■Foundation waterproofed from footing to sill plate Minnesota’s Green Path is a program of the Builders Association of the Twin Cities implemented in partnership with Residential Science Resources, LLC.Certied pending means that your builder is on path to certication which is in process and awaits nal certication approval. ■ All lavatory faucets are low ow(1.5 gallon/minute) ■FSC/SFI/CSA Certied lumber in 50% of house■On-site disposal with vendor who recycles Water Conservation Resource Management Site/Development This home is 44% more energy efficient than the HERS reference home built to code.Less Efficient Most Efficient For greater definition of these features, visit mnGreenPath.org. Your home’s place on the Green Path: Home Performance ReportMN GREEN PATH | WWW.MNGREENPATH.ORG Home Address: 11317 Basswood Lane, Dayton, MNSquare Feet: 3400 • Bedrooms: 4 • Baths: 3.5Builder: Mega Homeswww.mega-homes.com The Anatomy of a Green PathSM Home Energy efficiency and indoor environmental quality are central to MN Green Path certification. But as we all know – a home is so much more than a system. It’s where we cook, relax, shower and more. MN Green Path makes your home come alive (and you save a few bucks too). The chart below shows you how. ADVANCED CERTIFIED 2.2ACH50 2.2 HERS Index53 This home is 47% more energy efficient than the HERS reference home built to code.1 AVG OLDER HOME NET ZERO HOME 130+0 53 AVG MN NEW HOME CODE REFERENCE HOME Home Address: 15450 Leona Lane, Minnetonka MN 55345 Square Feet: 3,536 | Bedrooms: 3 | Baths: 2.5 Builder: Ron Clark Construction ronclark.com 1The RESNET Home Energy Rating System (HERS) score rates homes against an index of the code reference home of 100. The lower the score, the more energy efficient the home. Older homes often score 130 or higher. In Minnesota today, new homes built to code generally test about 80. 2The Air Changes Per Hour at 50 Pascals (ACH50) is the index used in blower door testing to indicate how airtight a home is. As with HERS, the lower the score the more energy efficient the home. Minnesota’s Green Path is a program of the Builders Association of the Twin Cities.Houserater #47442 Your home’s place on the Green Path: MN’s Green Path ENERGY TESTED Typical Existing Home MN’s Green Path ADVANCED CERTIFIED MN’s Green Path MASTER CERTIFIED You Are Here New Home Your HomeYour home’s place on the Green Path: These results reflect Air Changes per Hour of measured air flow. 2 WORST BEST 10 0 Home Performance Report MN GREEN PATH | WWW.MNGREENPATH.ORG Energy Efficiency n HERS Index 53 n Blower door test result of ≤0.3 cfm per sq ft n Systems approach to home design used n Bottom plates of exterior walls sealed to subfloor n Foundation and mudsill sealed n Cantilevered floors sealed above supporting walls n Air conditioning unit properly installed n No wood burning fireplace present inside the thermal envelope n ENERGY STAR certified clothes washer, dishwasher Indoor Environmental Quality n Patio slabs, walks, and driveway sloped minimum 1/8” per foot away from house n Garage floors sloped minimum 1/8” per foot toward main vehicle entry doorway, or integrated floor drains installed n 4” min perforated foundation drain with 3/4” of gravel and filter fabric installed at OUTSIDE perimeter of footings n 4” min perforated foundation drain with 3/4” of gravel and filter fabric installed at INSIDE perimeter of footings n Water-based waterproofing system used on below-grade walls n Recessed light fixtures sealed to drywall with gasket, caulk, or foam n Heat Recovery Ventilator (HRV) or Energy Recovery Ventilator (ERV) installed n Exterior envelope sealed using gasket or acoustical sealant at all foundation, wall-to-wall, or floor-to-wall intersections n Basement has foundation drainage system inside and outside with sump pump, or tied to a drainage outlet n Carpet, adhesives, and cushion qualify for CRI Green Label Plus or Green Label Testing program n Local exhaust ventilation to outdoors installed for baths, kitchen, clothes dryers, central vacuum system, etc. n Supply boots sealed to floor or wall Land n Home built on infill site n Home built in an area where housing density averages more than 4 single-family homes per acre n No heritage trees removed on the home site n Home within 5 miles of park- and-ride location n Home within 1/2 mile of bike route n Excavated soil kept on-site n Efforts taken to restore ecosystem damaged in construction n Each tree removed from construction site replaced with two (or more) trees n Home faces south to maximize ambient light Resource Management n Decking or patio material made from recycled content n Roofing material with minimum 25% recycled content used n Construction waste sorted on or off site and recycled as appropriate n Recycling center installed with homeowner use with minimum of two sorting bins n Reusable footings and foundation forms used n Flexible ductwork installed without excess coils or loops n Three of the following items recycled or reclaimed: wall coverings, floor coverings, countertop materials, millwork, or cabinets n Three of the following items 50% locally sourced (within 500 miles): cabinets, interior doors and trim, millwork, windows, flooring, shingles/roofing, PEX tubing, countertops n Materials installed which protect waterproof membrane, and function as hydrostatic pressure release Water Management n Landscape plan promotes water absorption n Irrigation system design zones turf and bedding areas separately n Drip irrigation system installed n Installed drip irrigation system has moisture/rain sensor n Soil tested for nutrient level and structure n As a result of test, soil amended to achieve optimal nutrient level and structure n At least 3” of mulch applied to all planting beds n Showers each have no more than one shower head n Erosion control plan designed by licensed engineer n Irrigation system designed by EPA water-sense certified professional Insulation FeaturesInsulation Features Worst Insulation Grade III/NR Rim Grade: I Ceiling Flat R = 49.0 (Grade III/NR) Vaulted Ceiling R = 49.0 Above Grade Walls R = 21.0 (Grade II) Foundation Walls R = 15.0 (Grade III) Framed Floors R = 40.0 (Grade III/NR) Slab R = 10.0 Edge, 10.0 Under (Grade III/NR) Duct Uninsulated Window U = 0.290, SHGC = 0.330 Blower Door Test ResultsBlower Door Test Results Tested CFM50 1,280 CFM50/ft 2 surface area 0.17 CFM50/ft 2 floor area 0.37 ACH50 2.17 Ventilation Flow Test ResultsVentilation Flow Test Results Target Flow (CFM)Unknown Actual Flow (CFM)0 Rated Flow (CFM)0.0 Duct Leakage to Outside 15 Cost of Services:Cost of Services: Energy Rebate:Energy Rebate: Rater Rebate:Rater Rebate: $1,150.00 $125.00 $0.00 Your Cost:Your Cost:$1,025.00$1,025.00 **** Building CodeBuilding Code File NumberFile Number Site Walk DateSite Walk Date MN Code #47442 2015-09-03 NONO 5353 51.54%51.54% Che cklis tsChe cklis ts Comple te dComple te d No Che cklis ts S igne dChe cklis ts S igne d No Me e ts Te s tingMe e ts Te s ting S tandardsS tandards Yes ENERGY STAR RequirementsENERGY STAR Requirements HERS IndexHERS Index RESNET Ratings provide a relative energy use index called the HERS Index, which represents the home's energy usage as a percentage of the energy usage of the "American Standard Building." Beats 2006 IECC standard byBeats 2006 IECC standard by 0 TBC Failures need correcting 3 Issues could use improvement 4 Exceptional building practices identified HomeHome 15450 Leona Ln Minnetonka, MN 55345 BuilderBuilder Ron Clark Construction & Design 7500 West 78th Street Edina, MN 55439 ModelModel Custom Type: Single-family detached Size: 3475 ft2 HeatHeat CoolingCooling Hot WaterHot Water VentilationVentilation ThermostatThermostat EfficiencyEfficiency 96.1 (AFUE)14.0 (SEER)0.67 Brand / MakeBrand / Make Daikin Daikin AO Smith Venmar Honeywell ModelModel DM96VC0803BNAA DX13SN0361AB GPVX 75L 200 Venmar Honeywell SizeSize 80.0 BTU 36.0 BTU 75 Gal Final Testing and Completion Report (SV3) ** Home has not be e n ve rifie d comple te . ** Home has not be e n ve rifie d comple te . Re bate s pe nding ve rification.Re bate s pe nding ve rification. S ite Walk Date : 20 15-0 9 -0 3S ite Walk Date : 20 15-0 9 -0 3 Ho us e r a te r Ho me ID #47442Ho us e r a te r Ho me ID #47442 R e s i d e nti a l S c i e nc e R e s o ur c e s , LLC | S i te Wa l k D a te : 2 0 1 5 -0 9 -0 3R e s i d e nti a l S c i e nc e R e s o ur c e s , LLC | S i te Wa l k D a te : 2 0 1 5 -0 9 -0 3 p a g e p a g e 11 o f o f 88 Energy Efficiency • HERS index of 70 or better • Blower door test result of ≤0.3 cfm50 per sq. ft. of building enclosure or lower. • ENERGY STAR Certified (or better) dishwasher, clothes washer, refrigerator, if installed. • Install energy efficient lighting such as CFL, or LED hard-wired fixtures in 50% of whole house. • Above grade exterior wall insulation must be R-21 or better and installed to Grade II of the Resnet Standards (Refer to 2009 IECC). • Foundation insulation minimum R-10 rigid foam exterior insulation or equivalent. • Air seal around outside of window and door units with low expansion foam insulation (maintain drainage void at base of window). • All ductwork installed in exterior wall cavities must have a minimum of sealed R-10 rigid foam installed along the exterior wall of the cavity. • Must install programmable thermostat. Indoor Environmental Quality • Mechanical ventilation of home for 48 hours prior to occupancy. • All gas combustion equipment must be sealed or direct vented. • Isolate attached garages: install air barrier, seal common walls, ceiling and penetrations prior to insulating. Provide gasketed door to living spaces. • May not use building cavities as a part of the duct work for supplies and returns (i.e. cannot use panning of joist or wall cavities for air supply or return system). • Foundation waterproofed – from footing to sill plate. Water Conservation • Install all faucets or add aerators with low flow. (1.5 gl/mn) Resource Management • On two of the major elements of the building – walls, roof or floor – or in 50% of project – use FSC, SFI, or CSA certified wood for wood and wood- based materials and products. • On site disposal with vendor who recycles. Other • BATC Membership or other Local Home Builder Association Membership. • Attend program orientation and on-going annual updates. • 3 elective points in energy. • 2 elective points in indoor environmental quality Base Certification Requirements BETA V2 ©MN Green Path www.mngreenpath.org [1/12] 3. A bike rest stop and an electric car charging station would not be useful to the neighborhood. Suggestions would be a sidewalk down Plymouth Ave, a water bottle filling station, or a dog watering bowl, might be better received. Or, one of the commissioners mentioned tonight, a park/golf course viewing area. This is a nice idea. Maybe a small area with a couple benches surrounded by pollinator gardens? This could be a nice amenity for the neighborhood and for the residents of the new development. 4. We wholeheartedly agree that less than 7 houses should be considered on this plot of land! At one point in the early planning meeting it was mentioned that the neighborhood lot sizes averaged between 15-20,000 sqft. with the neighborhood houses closest to this proposed development closer to 20,000 sq ft. lot size. The recommendation at that time was a minimum of 10,000 sq ft. lots. The preliminary pud proposal has the 7 houses on about 7,000 sqft lots??? Let's get back to the 10,000 sq ft lots!! 5. Not all of the developers' ideas are met with criticism from the neighborhood. A lot of the trees and foliage in the existing parcel of land are not taken care of and look run down. Not to mention the trash littered on the forest floor and the invasive weeds (ex. mustard weed.) As much as we hate to lose the habitat and privacy, the idea of someone going through and cleaning up the landscape will be a welcome change. We are very interested in the maintenance and care of a healthy landscape that includes as many trees as possible, clean watersheds and native pollinator gardens. We have no doubt that these properties will be beautiful and with careful consideration can be an improvement to our community and neighborhood. Please take the time to make sure this is done well and to listen to our concerns. Thank you for your time and careful consideration, Chris and Tanya Laumann 7440 Plymouth Ave N. Golden Valley, MN 55427 12 Market in the Valley 9:00 AM – 1:00 PM City Hall Campus 14 Special City Council Meeting (Interviews) (Tentative) 5:00 PM Hybrid Council Chambers 14 Council Work Session 6:30 PM Hybrid Council Chambers 19 Market in the Valley 9:00 AM – 1:00 PM City Hall Campus 21 HRA Meeting 6:30 PM Hybrid Council Chambers 21 City Council Meeting 6:30 PM Hybrid Council Chambers 23 Golden Valley Business Council Meeting 8:30 AM to 9:30 AM Hybrid Brookview - Valley View Room 26 Market in the Valley 9:00 AM – 1:00 PM City Hall Campus 30 Grand Opening of 10 West End Begins at 2:30 PM 1601 Utica Ave S St Louis Park 30 League of Women Voters - Golden Valley City Council Candidates Forum Begins at 7:00 PM Council Chambers 5 City Council Meeting 6:30 PM Hybrid Council Chambers 7 Neighborhood Public Input Meeting - South Tyrol Park 6:00 PM to 7:00 PM Brookview Basset Creek South Room 9 Mighty Tidy Day 8:00 AM to 1:00 PM Brookview Park 9 Public Safety Open House TBD Police Dept & Fire Station 1 7800 Golden Valley Rd 12 Council Work Session 6:30 PM Hybrid Council Chambers 19 City Council Meeting 6:30 PM Hybrid Council Chambers 28 Golden Valley Business Council Meeting 8:30 AM to 9:30 AM Hybrid Brookview - Valley View Room 28 Building An Equitable Golden Valley Quarterly Conversation: City of Golden Valley's Equity Plan 6:00 - 7:15 PM Hybrid 30 Leaf Drop 8:00 AM to 1:00 PM Brookview Park 30 Saturday - City Hall Open for Absentee Voting 10:00 AM to 3:00 PM City Hall ANNOUNCEMENT OF MEETINGS AND EVENTS Three or more Council Members may attend the following OCTOBER SEPTEMBER