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12-20-22 City Council Agenda Packet
Vk 7800 Golden Valley Road I Golden Valley, MN 55427 1 ty (J 763-593-8012 1 TTY 763-593-3968 1 763-593-8109 (fax) I www.goldenvalleymn.gov goldbi valley December 20, 2022 — 6:30 PM Council Chambers Hybrid Meeting CITY COUNCIL 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 2456 073 4409. Members of the public wishing to address the Council remotely have two options: • Via web stream - Stream via Webex and use the 'raise hand' feature during public comment sections. • Via phone - Call 1-415-655-0001 and enter meeting code 2456 073 4409. Press *3 to raise your hand during public comment sections. 1. Call to Order 1A. Pledge of Allegiance and Land Acknowledgement 1B. Roll Call 1C. Presentation of Bill Hobbs Award Winners 1D. Certificate of Appreciation for Outgoing State Representative Ryan Winkler 1E. New Employee Introductions 2. Additions and Corrections to Agenda 3. Consent Agenda Approval of Consent Agenda - All items listed under this heading are considered to be routine by the City Council and will be enacted by one motion. There will be no discussion of these items unless a Council Member so requests in which event the item will be removed from the general order of business and considered in its normal sequence on the agenda. 3A. Approval of Check Register 3B. Licenses: 313.1. Approve 2023 Therapeutic Massage Facility License Renewals 313.2. Approve Cigarette/Tobacco License Renewals 313.3. Approve Temporary On -Sale Liquor License -The Loppet Foundation 3C. Boards, Commissions, and Task Forces: 3C.1. Receive and File October 24, 2022 Environmental Commission Meeting Minutes 3C.2. Accept Resignation from the Planning Commission 3D. Bids, Quotes, and Contracts: City of Golden Valley City Council Regular Meeting December 20, 2022 — 6:30 PM 1 3D.1. Approve Purchase of Park Maintenance Equipment 3D.2. Approve Purchase of Super Duty Pickups 3D.3. Approve Amendment to Prosecution Services Agreement with Chestnut Cambronne 3D.4. Approve Settlement Agreement in Howard v. City of Golden Valley 3D.5. Authorize Agreement for Bassett Creek Streambank Stabilization Project #22-20 with Blackstone Contractors LLC. 3D.6. Authorize Pre -purchase of Box Culvert Material for Douglas Drive and Highway 55 Pedestrian Underpass and Roundabout Project 3D.7. Approve Douglas Drive/Highway 55 Underpass Easement Agreements for 6401 Westchester Circle, Resolution No. 22-114 3D.8. Approve Professional Services Agreement with Short Elliott Hendrickson, Inc. for Public Improvements Observation at 6300 Olson Memorial Highway 3E. Grants and Donations: 3E.1. Adopt Resolution No. 22-115 Accepting a Donation from the Crime Prevention Fund for the Police Department's Awards and Promotions Reception 3E.2. Adopt Resolution No. 22-116, Acceptance of Ongoing Donations 3F. Approve 2023 City Calendar and Meeting Dates 3G. Adopt Resolution No. 22-117 Approving 2023 Council Appointments, Assignments, and Reimbursements 3H. Adopt Resolution No. 22-118 Approving Amendment to Employee Handbook 31. Adopt Resolution No. 22-119 for Approval of City Department Structure 3J. Adopt Resolution No. 22-120 Approving Compensation and Classification Tables 3K. Adopt Resolution No. 22-121 Approving an Interfund Loan for the Brookview Golf Irrigation Syste m 3L. Adopt Resolution No. 22-122 Correcting Golden Valley Fire Relief Association By -Law Pension Amount and Terms of Pension Steps 3M. Adopt Resolution No. 22-123 Supporting No Mow May Initiative 3N. Receive and File Downtown Traffic Study 4. Public Hearing 4A. Public Hearing on Proposed Improvements for the 2023 Pavement Management Program, Project #23-01, Resolution No. 22-124 4B. Conditional Use Permit No. 163, Amendment 1, to Allow for Surface Lot Storage of Automobile Sales Inventory on a lot east of 1109 Zane Ave S, Ordinance No. 756 4C. Zoning Text Amendment - Updates to Mobile Vending Regulations, Ordinance No. 754 4D. Zoning Text Amendment - Updates to the Official Zoning Map Requirements, Ordinance No. 755 S. Old Business 6. New Business All Ordinances listed under this heading are eligible for public input. 6A. Review of Council Calendar 6B. Mayor and Council Communications 1. Other Committee/Meeting updates 7. Adjournment City of Golden Valley December 20, 2022 — 6:30 PM 2 This document is available in alternate formats upon a 72-hour request. Please call 763-593-8006 (TTY: 763-593-3968) to make a request. Examples of alternate formats may include large print, electronic, Braille, audiocassette, etc. 6 City of Golden Valley City Council Regular Meeting December 20, 2022 — 6:30 PM 3 city of O TIVF J )""ARY golden x valle Human Resources 763-512-2345 / 763-512-2344 (fax) Golden Valley City Council Meeting December 20, 2022 Agenda Item 1C. Presentation of Bill Hobbs Award Winners Prepared By Kirsten Santelices, Deputy City Manager/Human Resources Director Summary The City established a human rights award in 1999, named for William Hobbs, who received the first award for his 30 years of service on the Human Rights Commission. After receiving his award Hobbs shared that all efforts to make lasting change involve city government, schools, businesses, and congregations. "We should continue to work together to succeed with those things that serve us best and leave alone those things that tend to divide us." Criteria considered: • Nominees must live, work, or conduct business in Golden Valley during the nomination year. • Nominee activities proposed for recognition should have a positive impact or clearly improved understanding or cooperation in the areas of race, color, religion, gender, national origin, disability, age, sexual orientation, or familial status. • Nominee services must be either voluntary or above and beyond a paid employee's usual job responsibilities. • Members of the Golden Valley Diversity, Equity, and Inclusion Commission are not eligible for the award while serving on the commission. The Diversity, Equity, and Inclusion Commission is thrilled to carry on Hobbs' legacy and announce two recipients of the 2022 Bill Hobbs Award. Award Recipients Rose McGee Rose has created an open safe space for many people within the Golden Valley community. Utilizing both story circles and sweet potato pie traditions, she has opened up a new dialog for many people that need to be heard and seen. Rose is a huge asset to our community and our people. She has been a positive force in our community for decades and deserves every bit of thanks that is given. She has definitely made an impact on myself and many others. If there's ever a person deserving of a humanitarian award it is Rose McGee. She's a gift to all. Marti Micks 4 As the leader of the Golden Valley League of Women Voters Ms. Micks is committed to equal voting rights for all. She leads the League in Golden Valley in their work to protect the rights of all people in the areas of education, social services, public safety and transportation. She has given talks on many topics, including the history of women's right in the United States. Legal Considerations This item does not require legal review. Equity Considerations Recognizing community members that are making an impact in Golden Valley helps the City address the second pillar of the City's 2022 Equity Plan - inclusive and effective community engagement. Recommended Action Present 2022 Bill Hobbs Awards to Rose McGee and Marti Micks. 5 city of golden x valle� l[.1T1VF " UARY City Administration 763-512-2345 / 763-512-2344 (fax) Golden Valley City Council Meeting December 20, 2022 Agenda Item 3A. Approval of Check Register Prepared By Sue Virnig, Finance Director Summary Approval of the check register for various vendor claims again the City of Golden Valley. Document is located on city website at the following location: http://weblink.ci.golden-valley.mn.us/WebLink/Browse.aspx?id=927129&dbid=0&repo=GoldenVaIley The check register(s) for approval: • 12-09-22 Check Register • 12-16-22 Check Register 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 pad by fund. Legal Considerations Not Applicable Equity Considerations Not Applicable Recommended Action Motion to authorize the payment of the bills as submitted. 6 city of l[ T1VF " UARY golden x City Administration valle 763-512-2345 / 763-512-2344 (fax) Golden Valley City Council Meeting December 20, 2022 Agenda Item 313.1. Approve 2023 Therapeutic Massage Facility License Renewals Prepared By Theresa Schyma, City Clerk Summary The following establishments have applied for renewal of their Therapeutic Massage Facility license for the 2023 license term. The applicants listed below have met City Code requirements for the renewal of their licenses and staff is recommending approval of the following license renewals: • Artistic Urges Hair Consultants, 1405 Lilac Drive N, Suite 114 • Massage Envy, 7704 Olson Memorial Hwy • Pucon Massage, 810 Lilac Drive N, Suite 104 Financial or Budget Considerations Fees received for massage establishment license renewals are budgeted, and defray costs the City incurs to administer and enforce license regulations and requirements. No licenses are issued until full payment is received. Legal Considerations This item does not require legal review. Equity Considerations N/A Recommended Action Motion to approve the renewal of the Therapeutic Massage Facility licenses for the applicants above from January 1, 2023, through December 31, 2023. 7 pity °f JTIVESUMMARY golden � Val City Administration 763-512-2345 / 763-512-2344 (fax) Golden Valley City Council Meeting December 20, 2022 Agenda Item 313.2. Approve Cigarette/Tobacco License Renewals Prepared By Theresa Schyma, City Clerk Summary The following establishments have applied for renewal of their Cigarette/Tobacco license for the 2023 license term. The applicants listed below have met City Code requirements for the renewal of their licenses and staff is recommending approval of the following license renewals: • Amstar Gas Station, 9405 Medicine Lake Road • Down in the Valley, Inc., 8020 Olson Memorial Highway • Feist Automotive Group, 1875 Lilac Drive North • Golden Valley Country Club, 7001 Golden Valley Road • Golden Valley Holiday Store #3520, 600 Boone Avenue North • Golden Valley Liquor Barrel, 7890 Olson Memorial Highway • Holiday Stationstores, Inc., 7925 Wayzata Boulevard • Schuller's Tavern, 7345 Country Club Drive • Speedway #4443, 1930 Douglas Drive • Speedway #4497, 6955 Market Street Financial or Budget Considerations Fees received for tobacco license renewals are budgeted, and defray costs the City incurs to administer and enforce tobacco license regulations and requirements. No licenses are issued until full payment is received. Legal Considerations This item does not require legal review. Equity Considerations N/A Recommended Action Motion to approve the renewal of the Cigarette/Tobacco licenses for the applicants above from January 1, 2023, through December 31, 2023. 0 pity °f l[ JTIVE SUMMARY golden ' Val City Administration 763-512-2345 / 763-512-2344 (fax) Golden Valley City Council Meeting December 20, 2022 Agenda Item 313.3. Approve Temporary On -Sale Liquor License —The Loppet Foundation Prepared By Theresa Schyma, City Clerk Summary The Loppet Foundation has applied for a temporary on -sale liquor license for their event, City of Lakes Loppet Ski Festival, located at 1221 Theodore Wirth Parkway on Saturday, February 4 and Sunday, February 5. Golden Valley City Code does allow temporary on -sale liquor licenses to be issued to a club or charitable, religious, or other nonprofit organization with Council approval. A certificate of liability insurance naming the City as an additional insured is also required and has been provided by the applicant. Financial or Budget Considerations Fees received for temporary liquor licenses help to defray costs the City incurs to administer license requirements. Legal Considerations This item does not require legal review. Equity Considerations N/A Recommended Action Motion to approve a temporary on -sale liquor license for The Loppet Foundation, 1221 Theodore Wirth Parkway, for their City of Lakes Loppet Ski Festival event on Saturday, February 4 and Sunday, February 5. 0 7800 Golden Valley Road I Golden Valley, MN 55427 L it ty 0 763-593-8027 I TTY 763-593-3968 1 763-593-8198 (fax) I www.goldenvalleymn.gov o 1den, Environmental Commission October 24, 2022 — 6:30 pm 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 1773 93 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 6:30 pm. 2. Land Acknowledgement 3. Roll Call Commissioners present: Wendy Weirich, Shannon Hansen, Tonia Galonska, Dawn Hill, Debra Yahle, Jim Stremel, Scott Seys, Kenna Brandt Rachel Zuraff left at 8:10. Commissioners absent: None Council Members present: Kimberly Sanberg Staff present: Eric Eckman, Environmental Resources Supervisor; Drew Chirpich, Water & Natural Resource Specialist; Carrie Nelson, Engineering Assistant. 4. New Youth Member— Kenna Brandt A. New youth member, Kenna Brandt, was sworn in by Chair Weirich. 5. Approval of Agenda MOTION by Commissioner Hill, seconded by Commissioner Galonska to approve the agenda for October 24, 2022 and the motion carried. 6. Approval of August 22 Regular Meeting Minutes MOTION by Commissioner Stremel, seconded by Commissioner Zuraff to approve the minutes of August 22, 2022 as submitted and the motion carried. 7. Old Business A. Environmental Justice Collaboration i. The Prioritization Map has been given to the DEIC sub -committee members for review. We would like approval from the subcommittee and possibly the DEIC. This document is available in alternate formats upon a 72-hour request. Please call 763-593-8006 (TTY: 763-593-3968) to make a request. Examples of alternate formats may include large print, electronic, Braille, audiocassette, etc. 10 City of Golden Valley Environmental Commission Regular Meeting October 24, 2022 — 6:30 pm ii. The DEIC staff liaison, Kiarra Zackery, says they might have time to collaborate on an environmental justice resolution after the new year. B. Land Acknowledgement Actions i. Working to identify sites for cultural/educational installments on public property, along Bassett Creek or along City trails. 1. Creating a map of the City's natural resources, waterways, wetlands, and trails and important cultural sites as they may have existed before European settlement. 1. Involve and get feedback from the Native Community. 2. Add Land Acknowledgement to this map. 8. New Business A. Introduction of new GreenCorps Member i. Mars Muehleis will be working on: 1. Reforestation efforts due to the loss of tree canopy from EAB. 2. Energy Action Plan. 3. Recycling & Organics. 4. Assisting Ethan with GreenStep Cities. B. EAB Update i. Emerald Ash Borer was first discovered in GV in 2018. ii. Staff has inspected about 2% of properties. 850 Ash trees were identified. Remaining properties may yield an additional 41,650 ash trees. Tree Inventory - Ash Tree Removals 300 200 f'�1 � 2021 Public Private Other Agency No Data Unsure C. No -Mow May Initiative 11 City of Golden Valley Environmental Commission Regular Meeting October 24, 2022 — 6:30 pm i. Don't mow until temps remain above 50 degrees for a week so ground insects can wake up from hibernation. This also allows beneficial forbs to bloom that provide habitat and food for the insects. ii. Violations from 1-1-2016 to 9-20-2022: 1. Long Grass — 370 total — 53/year average 1. Cutter was sent 52 total — 7/year average 2. Cutter was sent 7 total times for 3 or more violations in 12 months 2. By Month: 1. April = 2 total 2. May = 93 total 3. June = 194 total 4. July = 24 total 5. August = 35 total 3. Cost: 1. 1st violation - $125/hour — 3-hour minimum = $375 2 2nd or more - $250/hour — 3-hour minimum = $750 4. Average time for the 2 PW Staff for each violation is approximately 1.5-2 hours. iii. Have residents register online to participate. Will residents who don't register get in trouble for participating? 1. Staff would like residents to register so they have a resource to look at when out in the field or when a complaint is received. It's also a way to track how many people participate and if the program is successful. 2. Link to register will also let residents know they will still need to take care of noxious weeds. iv. Some benefits, aside from it being good for pollinators, include conservation of water, and less fertilizing and pesticides. v. Could we provide signs for residents who sign up? 1. Edina gives out signs until they run out. 2. Volunteers could help staff and help spread the word. 3. The No Mow May website has signs residents could print. A link on the sign-up page could bring them to this site. 4. Could we use some of the EC budget for signs? vi. Will need to modernize and update City Code in the future. MOTION by Commissioner Hill, seconded by Commissioner Stremel to approve sending the No Mow May Resolution to Council. Upon a vote the following voted in favor: Weirich, Hansen, Seys, Yahle, Galonska, Stremel, and Brandt. The following voted against: Hill. Motion carried with the following stipulations: • Look at the wording of the paragraph starting with 'To temporarily suspend enforcement...' prior to sending to Council. • There is a plan in place for an educational campaign on pollinators that the EC has the opportunity to review. 12 City of Golden Valley Environmental Commission Regular Meeting October 24, 2022 — 6:30 pm D. Program/Project Updates i. RETAP is available to small businesses. Could we put this on the City website to make small businesses aware of this program? ii. Sustainability Day at the Market is hosted by the Golden Valley Community Foundation, not the City. They contacted Ethan about the opportunity to participate in the event after the September meeting. E. Council Updates i. None F. Other Business i. Term Limits: 1. Youth terms will begin October 1. 2. Commissioners may serve up to two consecutive terms. A 12-month break will be required after serving two terms. Commissioners can then be re -appointed to a commission after the 12-month break. 3. Current commissioners who have served more than two terms will finish their current term and be eligible for appointment to one additional term. ii. 6300 Olson Memorial Hwy — Optum Health Site 1. The Planning Department, with permission from the Council, applied for two grants on behalf of the developer to clean up the soil at this site. They were awarded grants from the Met Council and the Department of Employment and Economic Development (DEED). 9. Adjournment MOTION by Commissioner Hill, seconded by Commissioner Yahle to adjourn the meeting at 8:36 pm and the motion carried. ATTEST: Carrie Nelson, Administrative Assistant Wendy Weirich, Chair 13 city of O TIVF " UARY golden x City Administration valle 763-512-2345 / 763-512-2344 (fax) Golden Valley City Council Meeting December 20, 2022 Agenda Item 3C.2. Accept Resignation from the Planning Commission Prepared By Tara Olmo, Executive Assistant Summary Commissioner Andy Johnson has submitted their resignation from the Planning Commission. Legal Considerations N/A Equity Considerations N/A Recommended Action Motion to accept the resignation of Andy Johnson from the Planning Commission. 14 city of )TIVE SUMMARY golden x valle Public Works 763-512-2345 / 763-512-2344 (fax) Golden Valley City Council Meeting December 20, 2022 Agenda Item 3D.1. Approve Purchase of Park Maintenance Equipment Prepared By Tim Kieffer, Public Works Director Al Lundstrom, Park Maintenance Superintendent Marshall Beugen, Street and Vehicle Maintenance Superintendent Summary Staff replaces City vehicles routinely to keep the fleet in good working condition and stabilize the budgetary impact from year to year. Staff evaluates vehicles and equipment on an annual basis to determine replacement programing. The vehicles scheduled for replacement meet the criteria set forth in the City's Vehicle Replacement Policy and Vehicle Condition Index (VCI). The VCI is a tool used to assess all vehicles and equipment scheduled for replacement. Below is a summary of the ratings: Vehicle Condition Index Qualifies for Replacement Needs Immediate Consideration 23-27 28 and above Unit No. Year/Make/Model VCI 473 2008 John Deere 5525 Tractor 40 485 2013 John Deere ZTR Mower 31 493 2014 John Deere 1445 Mower 33 Staff recommends purchasing the vehicles from the state contract through the State of Minnesota's cooperative purchasing venture (CPV) and Sourcewell, a cooperative purchasing agency created by the Minnesota legislature. Financial or Budget Considerations The 2023-2032 Vehicles and Equipment Capital Improvement Program includes $85,000 for Unit 473 (V&E-039), $55,000 for Unit 485 (V&E-048), and $45,000 for Unit 493 (V&E-173) for a total of $185,000. Below is a summary of the proposed purchases: Contract No. Item Vendor Amount 15 110719-JDC John Deere 5120M Tractor Minnesota Equipment, Inc. $95,769.57 110719-JDC MB Hydraulic Broom Minnesota Equipment, Inc. $17,250.00 208939 Rear Swing Flail Mower Attachment Diamond Mowers, LLC. $21,461.00 Unit 473 Trade-in $(19,000.00) Total Cost for Unit 473 Replacement Purchase $115,480.57 Contract No. Item Vendor Amount 031121-TTC Toro 6000 Z Master Mower Tri-State Bobcat Inc. $22,988.00 Unit 485 Trade-in $(8,000.00) Total Cost for Unit 485 Replacement Purchase $14,988.00 Contract No. Item Vendor Amount 031121-DAC John Deere 1585 Mower Minnesota Equipment, Inc. $58,372.00 Unit 493 Trade-in $(12,000.00) Total Cost for Unit 493 Replacement Purchase $46,372.00 Legal Considerations The proposed equipment will be purchased from state contracts that used the competitive bid process. Equity Considerations Certified Targeted Group/Economically Disadvantaged/Veteran-Owned small businesses receive a 6% preference from the Office of State Procurement. Recommended Action • Motion to approve purchase of John Deere 5120M Tractor and MB Hydraulic Broom from Minnesota Equipment, Inc. in the amount of $113,019.57. • Motion to approve purchase of Diamond Rear Swing Flail Mower from Diamond Mowers, LLC. In the amount of $21,461. • Motion to approve purchase of Toro 600 Z Master Mower from Tri-State Bobcat Inc. in the amount of $22,988. • Motion to approve purchase of John Deere 1585 Mower from Minnesota Equipment, Inc. in the amount of $58,372.00. Supporting Documents • John Deere 5120 Quote from Minnesota Equipment • Rear Swing Flail Mower Quote from Diamond Mowers, LLC • Toro 6000Z Master Mower Quote from Tri-State Bobcat, Inc. • John Deere 1585 Quote from Minnesota Equipment 16 aJOHN DEERE Customer: Quotes are valid for 30 days from the creation date or upon contract expiration, whichever occurs first. A Purchase Order (PO) or Letter of Intent (LOI) including the below information is required to proceed with this sale. The PO or LOI will be returned if information is missing. Vendor: Deere & Company ❑ 2000 John Deere Run Cary, NC 27513 Signature on all LOIs and POs with a El signature line ❑ Contract name or number; or JD Quote ID ❑ Sold to street address (no PO box) ❑ Ship to street address (no PO box) ❑ Bill to contact name and phone number ❑ Bill to address For any questions, please contact: John Braunshausen Minnesota Equipment, Inc. 13725 Main Street Rogers, MN 55374 Tel: 763-428-4107 Fax: 763-428-2700 Email: johnbraunshausen@mnequip.com Bill to email address (required to send the invoice and/or to obtain the tax ❑ exemption certificate ❑ Membership number if required by the contract Quotes of equipment offered through contracts between Deere & Company, its divisions and subsidiaries (collectively "Deere") and government agencies are subject to audit and access by Deere's Strategic Accounts Business Division to ensure compliance with the terms and conditions of the contracts. 17 aJOHN DEERE Quote Id: 27392851 ALL PURCHASE ORDERS MUST BE MADE OUT TO (VENDOR): Deere & Company 2000 John Deere Run Cary, NC 27513 FED ID: 36-2382580 UEID: FNSWEDARMK53 ALL PURCHASE ORDERS MUST BE SENT TO DELIVERING DEALER: Minnesota Equipment, Inc. 13725 Main Street Rogers, MN 55374 763-428-4107 rogerssales@mnequip.com Prepared For: CITY OF GOLDEN VALLEY Proposal For: Delivering Dealer: Quote Prepared By: John Braunshausen John Braunshausen johnbraunshausen@mnequip.com Minnesota Equipment, Inc. 13725 Main Street Rogers, MN 55374 rogerssales@mnequip.com Date: 07 September 2022 Offer Expires: 01 November 2022 18 Confidential JOHN DEERE ALL PURCHASE ORDERS MUST BE MADE OUT TO (VENDOR): Deere & Company 2000 John Deere Run Cary, NC 27513 FED ID: 36-2382580 UEID: FNSWEDARMK53 Prepared For: CITY OF GOLDEN VALLEY 7800 GOLDEN VALLEY RD MINNEAPOLIS, MN 55427 Business: 763-593-8079 ALUNDSTROM@GOLGENVALLEYMN.GOV ALL PURCHASE ORDERS MUST BE SENT TO DELIVERING DEALER: Minnesota Equipment, Inc. 13725 Main Street Rogers, MN 55374 763-428-4107 rogerssales@mnequip.com Quote Summary Delivering Dealer: Minnesota Equipment, Inc. John Braunshausen 13725 Main Street Rogers, MN 55374 Phone: 763-428-4107 johnbraunshausen@mnequip.com Quote ID: 27392851 Created On: 07 September 2022 Last Modified On: 11 October 2022 Expiration Date: 01 November 2022 Equipment Summary Selling Price Qty Extended JOHN DEERE 5120M Utility Tractor $ 93,819.57 X 1 = $ 93,819.57 Contract: Sourcewell Ag Tractors 110719-JDC (PG 1 P CG 70) Price Effective Date: September 6, 2022 MB Broom With Dual Motors Inside $ 17,250.00 X 1 = $ 17,250.00 the Core, All Poly Broom With Hydraulic Front End and PTO Drive Rear PTO and Adjustable Spee Contract: Sourcewell Ag Tractors 110719-JDC (PG 1 P CG 70) Price Effective Date: Exchange on Turf Tires and they are $ 1,950.00 X 1 = $ 1,950.00 Bias Tires Contract: Sourcewell Ag Tractors 110719-JDC (PG 1 P CG 70) Price Effective Date: Equipment Total $ 113,019.57 Trade In Summary Qty Each Extended 2008 John Deere 5525 With Side Diamond Mower 1 $ 19,000.00 $ 19,000.00 Less Broom - LV5525H456271 PayOff $ 0.00 Total Trade Allowance $ 19,000.00 Salesperson : X Accepted By : X 19 Confidential JOHN DEERE ALL PURCHASE ORDERS MUST BE MADE OUT TO (VENDOR): Deere & Company 2000 John Deere Run Cary, NC 27513 FED ID: 36-2382580 UEID: FNSWEDARMK53 ALL PURCHASE ORDERS MUST BE SENT TO DELIVERING DEALER: Minnesota Equipment, Inc. 13725 Main Street Rogers, MN 55374 763-428-4107 rogerssales@mnequip.com Trade In Total $ 19,000.00 * Includes Fees and Non -contract items Quote Summary Equipment Total $ 113,019.57 City of Golden Valley 12-12-22 Shepard M. Harris, Mayor Timothy J. Cruikshank, City Manager Trade In $ (19,000.00) SubTotal $ 94,019.57 Est. Service $ 0.00 Agreement Tax Total $ 94,019.57 Down Payment (0.00) Rental Applied (0.00) Balance Due $ 94,019.57 Salesperson : X Confidential Accepted By : X 20 .IOHN DEERE Selling Equipment Quote Id: 27392851 Customer Name: CITY OF GOLDEN VALLEY ALL PURCHASE ORDERS MUST BE MADE OUT ALL PURCHASE ORDERS MUST BE SENT TO (VENDOR): TO DELIVERING DEALER: Deere & Company Minnesota Equipment, Inc. 2000 John Deere Run 13725 Main Street Cary, NC 27513 Rogers, MN 55374 FED ID: 36-2382580 763-428-4107 UEID: FNSWEDARMK53 rogerssales@mnequip.com JOHN DEERE 5120M Utility Tractor Hours: Stock Number: Contract: Sourcewell Ag Tractors 110719-JDC (PG 1 P CG Selling Price 70) $ 93,819.57 Price Effective Date: September 6, 2022 * Price per item - includes Fees and Non -contract items Code Description Qty List Price Discount% Discount Contract Extended Amount Price Contract Price 19DGPY 5120M Utility Tractor 1 $ 85,264.00 22.00 $ 18,758.08 $ 66,505.92 $ 66,505.92 Standard Options - Per Unit 182A Less AutoTracT""/Less 1 $ 0.00 22.00 $ 0.00 $ 0.00 $ 0.00 ISOBUS 183A JDLinkT"" Capable 1 $ 0.00 22.00 $ 0.00 $ 0.00 $ 0.00 0202 United States 1 $ 0.00 22.00 $ 0.00 $ 0.00 $ 0.00 0409 English Operators Manual 1 $ 0.00 22.00 $ 0.00 $ 0.00 $ 0.00 0500 Less Package 1 $ 0.00 22.00 $ 0.00 $ 0.00 $ 0.00 1397 Powr8Tr" 32F/16R 40 km/h 1 $ 7,601.00 22.00 $ 1,672.22 $ 5,928.78 $ 5,928.78 Transmission 1799 Less Loader Prep Package 1 $ 0.00 22.00 $ 0.00 $ 0.00 $ 0.00 1950 Less Application 1 $ 0.00 22.00 $ 0.00 $ 0.00 $ 0.00 2060 Premium Panorama Roof 1 $ 17,200.00 22.00 $ 3,784.00 $ 13,416.00 $ 13,416.00 Cab 2121 Premium Air Suspension 1 $ 1,653.00 22.00 $ 363.66 $ 1,289.34 $ 1,289.34 Seat 2400 Less Instructional Seat 1 $ 0.00 22.00 $ 0.00 $ 0.00 $ 0.00 2511 Mirror Telescopic LH & RH 1 $ 373.00 22.00 $ 82.06 $ 290.94 $ 290.94 3025 Corner Post Deluxe Exhaust 1 $ 737.00 22.00 $ 162.14 $ 574.86 $ 574.86 3326 3 Mechanical Stackable 1 $ 1,083.00 22.00 $ 238.26 $ 844.74 $ 844.74 Rear SCV 3430 3 Stackable Mid SCVs with 1 $ 946.00 22.00 $ 208.12 $ 737.88 $ 737.88 Mechanical Joystick Control 3820 Two Speed PTO - 540/540E 1 $ 0.00 22.00 $ 0.00 $ 0.00 $ 0.00 4000 Less Front Hitch 1 $ 0.00 22.00 $ 0.00 $ 0.00 $ 0.00 4030 Electronic Hitch Control with 1 $ 581.00 22.00 $ 127.82 $ 453.18 $ 453.18 Remote Control on LH Fender 21 Confidential aJOHN DEERE Selling Equipment Quote Id: 27392851 Customer Name: CITY OF GOLDEN VALLEY ALL PURCHASE ORDERS MUST BE MADE OUT ALL PURCHASE ORDERS MUST BE SENT TO (VENDOR): TO DELIVERING DEALER: Deere & Company Minnesota Equipment, Inc. 2000 John Deere Run 13725 Main Street Cary, NC 27513 Rogers, MN 55374 FED ID: 36-2382580 763-428-4107 UEID: FNSWEDARMK53 rogerssales@mnequip.com 4110 Telescoping Draft Links with 1 $ 0.00 22.00 $ 0.00 $ 0.00 $ 0.00 Ball End - Category 2 4160 LH Only Adjustment Lift Link 1 $ 0.00 22.00 $ 0.00 $ 0.00 $ 0.00 4210 Mechanical Center Link with 1 $ 0.00 22.00 $ 0.00 $ 0.00 $ 0.00 Ball Ends - Category 2 4310 Basic Drawbar 1 $ 0.00 22.00 $ 0.00 $ 0.00 $ 0.00 4420 LH & RH Stabilizer Bar 1 $ 0.00 22.00 $ 0.00 $ 0.00 $ 0.00 5010 Flange Axle 1 $ 0.00 22.00 $ 0.00 $ 0.00 $ 0.00 5090 Steel Rear Wheels 1 $ 0.00 22.00 $ 0.00 $ 0.00 $ 0.00 5133 460/85R30 (18.4R30) R1 W 1 $ 0.00 22.00 $ 0.00 $ 0.00 $ 0.00 Radial 5999 No Tire Brand Preference 1 $ 0.00 22.00 $ 0.00 $ 0.00 $ 0.00 6040 MFWD Front Axle 1 $ 0.00 22.00 $ 0.00 $ 0.00 $ 0.00 6203 320/85R24 (12.4R24) R1 W 1 $ 0.00 22.00 $ 0.00 $ 0.00 $ 0.00 Radial 8015 Front Fenders - Turnable 1 $ 1,038.00 22.00 $ 228.36 $ 809.64 $ 809.64 8020 Rear Fender Extensions 1 $ 295.00 22.00 $ 64.90 $ 230.10 $ 230.10 8300 Cold Weather package - 1 $ 109.00 22.00 $ 23.98 $ 85.02 $ 85.02 Coolant heater 8386 PTO Remote Control on LH 1 $ 75.00 22.00 $ 16.50 $ 58.50 $ 58.50 and RH Fenders 8727 LED Beacon Light 1 $ 332.00 22.00 $ 73.04 $ 258.96 $ 258.96 8731 Full LED Lighting Package 1 $ 669.00 22.00 $ 147.18 $ 521.82 $ 521.82 with Headlights Standard Options Total $ 32,692.00 $ 7,192.24 $ 25,499.76 $ 25,499.76 Technology Options/Non-Contract/Open Market 1900 Less Display 1 $ 0.00 22.00 $ 0.00 $ 0.00 $ 0.00 1880 Less Receiver 1 $ 0.00 22.00 $ 0.00 $ 0.00 $ 0.00 Technology Options Total $ 0.00 $ 0.00 $ 0.00 $ 0.00 Dealer Attachments/Non-Contract/Open Market R127764 Weight, front suitcase 43 kg 10 $ 153.26 22.00 $ 33.72 $ 1,195.40 $ 1,195.40 (95 lb) quantity of one R262449 Front Weight Support, 55kg 1 $ 637.62 22.00 $ 140.28 $ 497.34 $ 497.34 (121 lb) 19M8100 Bolts and Harware 8 $ 16.84 22.00 $ 3.70 $ 105.12 $ 105.12 24M7242 Bolts and Hardware 8 $ 2.57 22.00 $ 0.57 $ 16.00 $ 16.00 Dealer Attachments Total $ 2,325.50 $ 511.64 $ 1,813.86 $ 1,813.86 22 Confidential .IOHN DEERE Selling Equipment Quote Id: 27392851 Customer Name: CITY OF GOLDEN VALLEY ALL PURCHASE ORDERS MUST BE MADE OUT TO (VENDOR): Deere & Company 2000 John Deere Run Cary, NC 27513 FED ID: 36-2382580 UEID: FNSWEDARMK53 Value Added Services Total ALL PURCHASE ORDERS MUST BE SENT TO DELIVERING DEALER: Minnesota Equipment, Inc. 13725 Main Street Rogers, MN 55374 763-428-4107 rogerssales@mnequip.com MB Broom With Dual Motors Inside the Core, All Poly Broom With Hydraulic Equipment Notes: Hours: 0 Stock Number: Selling Price Contract: Sourcewell Ag Tractors 110719-JDC (PG 1 P CG $ 17,250.00 70) Price Effective Date: * Price per item - includes Fees and Non -contract items Code Description Qty List Price Discount% Discount Contract Extended Amount Price Contract Price 1 1 $ 17,250.00 0.00 $ 0.00 $ 17,250.00 $ 17,250.00 Exchange on Turf Tires and they are Bias Tires Equipment Notes: Hours: 0 Stock Number: Selling Price Contract: Sourcewell Ag Tractors 110719-JDC (PG 1 P CG $ 1,950.00 70) Price Effective Date: * Price per item - includes Fees and Non -contract items Code Description Qty List Price Discount% Discount Contract Extended Amount Price Contract Price 1 1 $ 1,950.00 0.00 $ 0.00 $ 1,950.00 $ 1,950.00 23 Confidential Diaz and Bill To Name CITY OF GOLDEN VALLEY (MN) Bill To 7800 GOLDEN VALLEY RD GOLDEN VALLEY, MN 55427-4508 Date 8/25/2022 Ship To Name Ship To Contact Name Primary Phone Email CITY OF GOLDEN VALLEY (MN) 7800 GOLDEN VALLEY RD GOLDEN VALLEY, MN 55427-4508 Al Lundstrom (763) 593-8046 al undstrom(a)goldenvalleym n.gov 75' Heavy Duty Rear Swing Flail (9,500 Ibs or larger tractor) (Cuttershaft will 1.00 RSF075-C rotate in the opposite direction of the tractor tires when driving forward unless otherwise noted) "Tractor Make John Deere "Tractor Model 5115M *2WD/4WD 4WD City of Golden Valley 12-12-22 Shepard M. Harris, Mayor Timothy J. Cruikshank, City Manager Prepared By Paul Schreurs Phone (605) 929-3083 Email pschreurs@diamondmowers.com OP OP032953 Quote Number 00036121 Total Cost $20,761.00 Steel Surcharge $0.00 Freight Estimate $700.00 Total Price $21,461.00 $23,809.00 1 $20,761.00 1 $20,761.00 Lead Time 22-24 Weeks Contract Name MN State 208939 DIAMOND MOWERS, LLC 350 E. 60th Street N Sioux Falls, SD 57104 (605) 977-3300 ph 1 (605) 655-5870 fx www.diamondmowers.com Freight may vary. Invoiced at market rate at time of shipment. 24 SALES • SERVICE • RENTALS • PARTS www.tristatebobcat. com Ship To: SAME AS BELOW Invoice To: CITY OF GOLDEN VALLEY 7800 GOLDEN VALLEY RD GOLDEN VALLEY MN 55427-4508 1200 Highway 13 E Burnsville, MN 55337 (952) 894-0894 (877) 262-2284 71 Minnesota Avenue Little Canada, MN 55117 (651) 407-3727 (877) 331-0295 588 Outpost Circle Hudson, WI 54016 (715) 531-0801 (866) 268-2418 Branch 01 - Burnsville Date Time Page 11 09 2022 11:24:06 0 1 Account No. Phone No. Invoice Y9. 15165 7635933981 010920 Ship Via Purchase Order 416005190 Salesperson DCA EQUIPMENT QUOTE • NOT AN INVOICE Description ** Q U O T E ** EXPIRY DATE: 12/31/2022 Amount Stock #: ? Serial #: 1.) New 2022 Toro 6000 Series Z Master ADDITIONAL".PARTS ---------------- ---------------- 60" Dethatcher 473/60G3W Qty: 1 Price: 24X12X12 TWEEL 139-7891 2 Authorization: *WARRANTY ON UNIT: 5 YEARS OR 1400 HOURS *WARRANTY ON ENGINE: 3 YEARS 16220.00 2840.00 ................... 163000 900.00 900.00 699.00 1398.00 Subtotal: 22988.00 Quote Total: 22988.00 25 SALES . SERVICE - RENTALS - PARTS www.tristatebobcat.com Ship To: SAME AS BELOW Invoice To: CITY OF GOLDEN VALLEY 7800 GOLDEN VALLEY RD GOLDEN VALLEY MN 55427-4508 1200 Highway 13 E Burnsville, MN 55337 (952) 894-0894 (877) 262-2284 71 Minnesota Avenue Little Canada, MN 55117 (651) 407-3727 (877) 331-0295 588 Outpost Circle Hudson, WI 54016 (715) 531-0801 (866) 268-2418 Branch 01 — Burnsville Date Time Page 11 09 2022 11:24:06 O 2 Account No. Phone No. Invoice bl9. 15165 7635933981 010920 Ship Via Purchase Order 416005190 Salesperson DCA EQUIPMENT QUOTE • NOT AN INVOICE Description ** Q U O T E ** EXPIRY DATE: 12/31/2022 Amount *WARRANTY ON ATTACHMENTS: 1 YEAR *WARRANTY ON BATTERY: PRO —RATED OVER ONE YEAR PRICING PER SOURCEWELL CONTRACT# 031121—TTC City of Golden Valley 12-12-22 Shepard M. Harris, Mayor TimothyJ. Cruikshank, City Manager 26 aJOHN DEERE Customer: Quotes are valid for 30 days from the creation date or upon contract expiration, whichever occurs first. A Purchase Order (PO) or Letter of Intent (LOI) including the below information is required to proceed with this sale. The PO or LOI will be returned if information is missing. Vendor: Deere & Company ❑ 2000 John Deere Run Cary, NC 27513 Signature on all LOIs and POs with a El signature line ❑ Contract name or number; or JD Quote ID ❑ Sold to street address (no PO box) ❑ Ship to street address (no PO box) ❑ Bill to contact name and phone number ❑ Bill to address For any questions, please contact: John Braunshausen Minnesota Equipment, Inc. 13725 Main Street Rogers, MN 55374 Tel: 763-428-4107 Fax: 763-428-2700 Email: johnbraunshausen@mnequip.com Bill to email address (required to send the invoice and/or to obtain the tax ❑ exemption certificate ❑ Membership number if required by the contract Quotes of equipment offered through contracts between Deere & Company, its divisions and subsidiaries (collectively "Deere") and government agencies are subject to audit and access by Deere's Strategic Accounts Business Division to ensure compliance with the terms and conditions of the contracts. 27 aJOHN DEERE Quote Id: 27444347 ALL PURCHASE ORDERS MUST BE MADE OUT TO (VENDOR): Deere & Company 2000 John Deere Run Cary, NC 27513 FED ID: 36-2382580 UEID: FNSWEDARMK53 ALL PURCHASE ORDERS MUST BE SENT TO DELIVERING DEALER: Minnesota Equipment, Inc. 13725 Main Street Rogers, MN 55374 763-428-4107 rogerssales@mnequip.com Prepared For: CITY OF GOLDEN VALLEY Proposal For: Delivering Dealer: Quote Prepared By: John Braunshausen John Braunshausen johnbraunshausen@mnequip.com Minnesota Equipment, Inc. 13725 Main Street Rogers, MN 55374 rogerssales@mnequip.com Date: 15 September 2022 Offer Expires: 15 October 2022 28 Confidential aJOHN DEERE ALL PURCHASE ORDERS MUST BE MADE OUT ALL PURCHASE ORDERS MUST BE SENT TO (VENDOR): TO DELIVERING DEALER: Deere & Company Minnesota Equipment, Inc. 2000 John Deere Run 13725 Main Street Cary, NC 27513 Rogers, MN 55374 FED ID: 36-2382580 763-428-4107 UEID: FNSWEDARMK53 rogerssales@mnequip.com Quote Summary Prepared For: Delivering Dealer: CITY OF GOLDEN VALLEY Minnesota Equipment, Inc. 7800 GOLDEN VALLEY RD John Braunshausen MINNEAPOLIS, MN 55427 13725 Main Street Business: 763-593-8079 Rogers, MN 55374 ALUNDSTROM@GOLGENVALLEYMN.GOV Phone: 763-428-4107 johnbraunshausen@mnequip.com Quote ID: 27444347 Created On: 15 September 2022 Last Modified On: 09 November 2022 Expiration Date: 15 October 2022 Equipment Summary Selling Price Qty Extended JOHN DEERE 1585 TerrainCutT"° $ 42,841.74 X 1 = $ 42,841.74 with ComfortCab Commercial Front Mower (Less Mower Deck) Contract: Sourcewell Grounds Maintenance 031121-DAC (PG NB CG 70) Price Effective Date: September 1, 2022 JOHN DEERE 72 In. Fastback PRO $ 4,951.87 X 1 = $ 4,951.87 Commercial Rear Discharge Deck Contract: Sourcewell Grounds Maintenance 031121-DAC (PG NB CG 70) Price Effective Date: September 1, 2022 JOHN DEERE 60 Heavy -Duty Rotary $ 5,551.06 X 1 = $ 5,551.06 Broom (For 1500 TerrainCut, 1400/1500 Series 11 and Non- Series 11 Front Mowers) Contract: Sourcewell Grounds Maintenance 031121-DAC (PG NB CG 70) Price Effective Date: September 6, 2022 JOHN DEERE 47 In. Heavy -Duty $ 5,027.33 X 1 = $ 5,027.33 Two -Stage Snow Blower Contract: Sourcewell Grounds Maintenance 031121-DAC (PG NB CG 70) Price Effective Date: September 6, 2022 Equipment Total $ 58,372.00 Salesperson : X Accepted By : X Confidential 29 aJOHN DEERE ALL PURCHASE ORDERS MUST BE MADE OUT ALL PURCHASE ORDERS MUST BE SENT TO (VENDOR): TO DELIVERING DEALER: Deere & Company Minnesota Equipment, Inc. 2000 John Deere Run 13725 Main Street Cary, NC 27513 Rogers, MN 55374 FED ID: 36-2382580 763-428-4107 UEID: FNSWEDARMK53 rogerssales@mnequip.com Trade In Summary Qty Each Extended 2014 John Deere 1445 With 72" Side Discharge 1 $ 12,000.00 $ 12,000.00 60" Broom and 60" Blower and Trac Back system - 1TC1445DCDT131037 Payoff $ 0.00 Total Trade Allowance $ 12,000.00 2013 JOHN DEERE 997 MOD with 60" Deck - 1 $ 8,000.00 $ 8,000.00 TC997MG010016 Payoff $ 0.00 Total Trade Allowance $ 8,000.00 Trade In Total $ 20,000.00 * Includes Fees and Non -contract items Quote Summary Equipment Total $ 58,372.00 Trade In $ (20,000.00) SubTotal $ 38,372.00 Est. Service $ 0.00 Agreement Tax Total $ 38,372.00 Down Payment (0.00) Rental Applied (0.00) Balance Due $ 38,372.00 City of Golden Valley 12-12-22 M. Harris, Mayor Timothy J. Cruikshank, City Manager Salesperson : X Accepted By : X 30 Confidential JOHN DEERE Selling Equipment Quote Id: 27444347 Customer Name: CITY OF GOLDEN VALLEY ALL PURCHASE ORDERS MUST BE MADE OUT TO (VENDOR): Deere & Company 2000 John Deere Run Cary, NC 27513 FED ID: 36-2382580 UEID: FNSWEDARMK53 ALL PURCHASE ORDERS MUST BE SENT TO DELIVERING DEALER: Minnesota Equipment, Inc. 13725 Main Street Rogers, MN 55374 763-428-4107 rogerssales@mnequip.com JOHN DEERE 1585 TerrainCutTM with ComfortCab Commercial Front Mower Hours: Stock Number: Contract: Sourcewell Grounds Maintenance 031121-DAC Selling Price* (PG NB CG 70) $ 42,841.74 Price Effective Date: September 1, 2022 * Price per item - includes Fees and Non -contract items Code Description Qty List Price Discount% Discount Contract Extended 2469TC 1585 TerrainCutTM with ComfortCab Commercial Front Mower (Less Mower Deck) 001A United States and Canada TCB104 Narrow Tires for 47" Blower 13 Amount Price Contract Price 1 $ 53,829.00 23.00 $ 12,380.67 $ 41,448.33 $ 41,448.33 Standard Options - Per Unit 1 $ 0.00 23.00 1 $ 516.81 23.00 $ 0.00 $ 0.00 $ 0.00 $ 118.87 $ 397.94 $ 397.94 Standard Options Total $ 516.81 $ 118.87 Dealer Attachments/Non-Contract/Open Market UC13263 Quik-Tatch Weight, 42 Ib (19 6 $ 67.41 23.00 $ 15.50 kg) TCB10303 Rear Weight Mounting Kit 1 $ 153.01 23.00 $ 35.19 LVB24844 External Mirror Kit (Cab 1 $ 257.40 23.00 $ 59.20 Only) SWJHD16 Stereo with AM/FM, 1 $ 313.15 23.00 $ 72.02 30 Weatherband, SIRIUS Satellite and iPod Ready BTC10677 Radio Mount Kit (Cab Only) 1 $ 164.79 23.00 $ 37.90 Dealer Attachments Total $ 1,292.81 $ 297.31 Value Added Services $ 0.00 Total $ 397.94 $ 397.94 $ 311.46 $ 311.46 $ 117.82 $ 117.82 $ 198.20 $ 198.20 $ 241.13 $ 241.13 $ 126.89 $ 126.89 $ 995.50 $ 995.50 $ 0.00 $ 0.00 JOHN DEERE 72 In. Fastback PRO Commercial Rear Discharge Deck 31 Confidential .IOHN DEERE Selling Equipment Quote Id: 27444347 Customer Name: CITY OF GOLDEN VALLEY ALL PURCHASE ORDERS MUST BE MADE OUT TO (VENDOR): Deere & Company 2000 John Deere Run Cary, NC 27513 FED ID: 36-2382580 UEID: FNSWEDARMK53 ALL PURCHASE ORDERS MUST BE SENT TO DELIVERING DEALER: Minnesota Equipment, Inc. 13725 Main Street Rogers, MN 55374 763-428-4107 rogerssales@mnequip.com Equipment Notes: Hours: Stock Number: Selling Price Contract: Sourcewell Grounds Maintenance 031121-DAC $ 4,951.87 (PG NB CG 70) Price Effective Date: September 1, 2022 * Price per item - includes Fees and Non -contract items Code Description Qty List Price Discount% Discount Contract Extended Amount Price Contract Price 5500TC 72 In. Fastback PRO 1 $ 6,431.00 23.00 $ 1,479.13 $ 4,951.87 $ 4,951.87 Commercial Rear Discharge Deck Standard Options - Per Unit 001A United States and Canada 1 $ 0.00 23.00 $ 0.00 $ 0.00 $ 0.00 Standard Options Total $ 0.00 $ 0.00 $ 0.00 $ 0.00 JOHN DEERE 60 Heavy -Duty Rotary Broom (For 1500 TerrainCut, 1400/1500 Equipment Notes: Hours: Stock Number: Selling Price Contract: Sourcewell Grounds Maintenance 031121-DAC $ 5,551.06 (PG NB CG 70) Price Effective Date: September 6, 2022 * Price per item - includes Fees and Non -contract items Code Description Qty List Price Discount% Discount Contract Extended Amount Price Contract Price 0501 TC 60 Heavy -Duty Rotary 1 $ 4,639.00 23.00 $ 1,066.97 $ 3,572.03 $ 3,572.03 Broom (For 1500 TerrainCut, 1400/1500 Series II and Non- Series II Front Mowers) Standard Options - Per Unit 001A United States and Canada 1 $ 0.00 23.00 $ 0.00 $ 0.00 $ 0.00 32 Confidential .IOHN DEERE Selling Equipment Quote Id: 27444347 Customer Name: CITY OF GOLDEN VALLEY ALL PURCHASE ORDERS MUST BE MADE OUT TO (VENDOR): Deere & Company 2000 John Deere Run Cary, NC 27513 FED ID: 36-2382580 UEID: FNSWEDARMK53 ALL PURCHASE ORDERS MUST BE SENT TO DELIVERING DEALER: Minnesota Equipment, Inc. 13725 Main Street Rogers, MN 55374 763-428-4107 rogerssales@mnequip.com 1000 Lift Arms, Cylinders, Drive 1 $ 2,002.00 23.00 $ 460.46 Shaft and Hardware Standard Options Total $ 2,002.00 $ 460.46 Dealer Attachments/Non-Contract/Open Market TCB10392 Debris Deflector 1 $ 568.17 23.00 $ 130.68 Dealer Attachments Total $ 568.17 $ 130.68 $ 1,541.54 $ 1,541.54 $ 437.49 $ 437.49 $ 437.49 $ 437.49 JOHN DEERE 47 In. Heavy -Duty Two -Stage Snow Blower Equipment Notes: Hours: Stock Number: Selling Price Contract: Sourcewell Grounds Maintenance 031121-DAC $ 5,027.33 (PG NB CG 70) Price Effective Date: September 6, 2022 * Price per item - includes Fees and Non -contract items Code Description Qty List Price Discount% Discount Contract Extended Amount Price Contract Price 0370TC 47 In. Heavy -Duty Two- 1 $ 5,979.00 23.00 $ 1,375.17 $ 4,603.83 $ 4,603.83 Stage Snow Blower Standard Options - Per Unit 1000 Lift Arms, Drive Shaft and 1 $ 550.00 23.00 $ 126.50 $ 423.50 $ 423.50 Hardware Standard Options Total $ 550.00 $ 126.50 $ 423.50 $ 423.50 33 Confidential city of )TIVE SUMMARY golden x valle Public Works 763-512-2345 / 763-512-2344 (fax) Golden Valley City Council Meeting December 20, 2022 Agenda Item 3D.2. Approve Purchase of Super Duty Pickups Prepared By Tim Kieffer, Public Works Director Marshall Beugen, Street and Vehicle Maintenance Superintendent Summary Staff replaces City vehicles routinely to keep the fleet in good working condition and stabilize the budgetary impact from year to year. Staff evaluates vehicles and equipment on an annual basis to determine replacement programing. Additionally, Council approved the purchase of another super duty pickup included in the 2023-2032 Vehicles and Equipment Capital Improvement Program (CIP) on December 6, 2022. The vehicles scheduled for replacement meet the criteria set forth in the City's Vehicle Replacement Policy and Vehicle Condition Index (VCI). The VCI is a tool used to assess all vehicles and equipment scheduled for replacement. Below is a summary of the ratings: Vehicle Condition Index Qualifies for Replacement 23-27 Needs Immediate Consideration 28 and above Unit No. 483 Year/Make/Model 2012 Ford F-350 Utility Truck VCI 30 487 2013 Ford F-350 Utility Truck 26 600 2012 Ford F-350 Super Cab Utility Truck 34 604 2013 Ford F-550 Utility Truck with Crane 30 902 2008 Ford F-550 Utility Truck with Crane 35 Staff recommends purchasing one of the vehicles from the state contract through the State of Minnesota's cooperative purchasing venture (CPV). The city was allocated one vehicle using the state contract due to supply chain issues. Staff recommends purchasing the other five vehicles using competitive quotes on the open market. Staff received quotes for the additional five vehicles. The low quotes are $500 below MSRP. The additional cost compared to the state contract is approximately $6,000 per vehicle, which will be comparable to next year's anticipated inflation. 34 Financial or Budget Considerations Below is a summary of the funding sources: Unit No. Funding Source Program No. Amount 483 2022-2031 Vehicle and Equipment CIP V&E-100 $60,000 487 2023-2032 Vehicle and Equipment CIP V&E-047 $75,000 600 2022-2031 Water and Sanitary Sewer CIP W&SS-015 $75,000 604 2023-2032 Water and Sanitary Sewer CIP W&SS-014 $100,000 731 2023-2032 Vehicle and Equipment CIP V&E-215 $40,000 902 2023-2032 Vehicle and Equipment CIP V&E-054 $125,000 Below is a summary of the proposed purchases: Contract No. Item Vendor Amount 2023 Ford F-250 Pickup Tenvoorde Ford, Inc. $54,225.00 216653 214521 208450 Utility Box and Plow Aspen Equipment, LLC $31,231.00 Total Cost for Unit 483 Replacement Purchase $85,456.00 Contract No. Item Vendor Amount 2023 Ford F-250 Pickup Tenvoorde Ford, Inc. $54,225.00 216653 214521 208450 Utility Box and Plow Aspen Equipment, LLC $32,011.00 Total Cost for Unit 487 Replacement Purchase $86,236.00 Contract No. Item Vendor Amount 2023 Ford F-250 Pickup Tenvoorde Ford, Inc. $56,770.00 216653 214521 208450 Utility Box Aspen Equipment, LLC $22,437.00 Total Cost for Unit 600 Replacement Purchase $79,207.00 Contract No. Item Vendor Amount 195277 2023 Ford F-550 Pickup Boyer Ford Trucks, Inc. $50,921.38 216653 214521 Utility Box with Crane and Compressor Aspen Equipment, LLC $76,078.00 214521 194223 Total Cost for Unit 604 Replacement Purchase $126,999.38 35 Contract No. Item Vendor Amount 2023 Ford F-250 Pickup Tenvoorde Ford, Inc. $54,345.00 Total Cost for Unit 731 Purchase $54,345.00 Contract No. Item Vendor Amount 2023 Ford F-250 Pickup Tenvoorde Ford, Inc. $54,225.00 216653 214521 208450 Utility Box and Plow Aspen Equipment, LLC $42,711.00 Total Cost for Unit 902 Replacement Purchase $96,936.00 Additional funding will come from the sale of assets. Legal Considerations The proposed equipment will be purchased from state contracts that used the competitive bid process. Equity Considerations Certified Targeted Group/Economically Disadvantaged/Veteran-Owned small businesses receive a 6% preference from the Office of State Procurement. Recommended Action • Motion to approve purchase of one 2023 Ford F-550 Pickup from Boyer Ford Trucks, Inc. in the amount of $50,921.38. • Motion to approve purchase of five 2023 Ford F-250 from Tenvoorde Ford, Inc. in the amount of $273,790.00. • Motion to approve purchase of utility boxes, attachments, and setup from Aspen Equipment, LLC in the amount of $204,468.00. Supporting Documents • Boyer Ford Trucks, Inc. Quote • Tenvoorde Ford, Inc. Quotes • Aspen Equipment, LLC Quotes 36 11 /10/22, 12:48 PM Preview Order 7025 - F5H 4x4 Reg Chas Cab DRW- GOLDEN VALLEY Preview Order 7025 - FSH 4x4 Reg Chas Cab DRW: Order Summary Time of Preview: 11/10/2022 12:48:46 Dealership Name: Boyer Ford Trucks, Inc. Dealer Rep. Max Koolmo Customer Name GOLDEN VALLEY DESCRIPTION F550 4X4 CHASSIS CAB DRW/145 145 INCH WHEELBASE TOTAL BASE VEHICLE OXFORD WHITE VINYL40/20/40 SEATS MEDIUM DARK SLATE PREFERRED EQUIPMENT PKG.660A .XL TRIM .AIR CONDITIONING -- CFC FREE .AM/FM STEREO MP3/CLK .7.31- DEVCT NA PFI V8 ENGINE 10-SPEED AUTO TORQSHIFT 225/70R19.5G BSW MAX TRACTIRE 4.88 RATIO LIMITED SLIP AXLE FORD FLEET SPECIAL ADJUSTMENT FRONT LICENSE PLATE BRACKET 19000# G V W R PACKAGE 50 STATE EMISSIONS TOTAL BASE AND OPTIONS DISCOUNTS TOTAL Type Fleet Priority Code A2 ORDERING FIN: QS031 END USER FIN: QS031 PO NUMBER: UNIT 604 City of Golden Valley 12-13-22 Shepard M. Harris, Mayor TimothyJ. Cruikshank, City Manager Sales Code : F58900 Vehicle Line Superduty Order Code 7025 Model Year 2023 Price Level 315 INVOICE DESCRIPTION INVOICE $50113 PRO POWER ON BOARD -2KW $897 $0 40 GAL AFT OF AXLE FUEL TNK $0 $48570 EXTRA HEAVY SERVICE SUSPENSION $114 $0 PAYLOAD PACKAGE UPGRADE $741 $0 DUAL BATTERY $191 $0 REAR VIEW CAMERA & PREP KIT $377 $0 XL CHROME PACKAGE $205 $0 .FOG LAMPS $0 $0 .BRIGHT GRILLE $0 $0 .REMOTE START SYSTEM $0 $0 SPECIAL DEALER ACCOUNT ADJUSTM $-1123 $0 SPECIAL FLEET ACCOUNT CREDIT $-1543 $195 FUEL CHARGE $28.16 $360 NET INVOICE FLEET OPTION (134A) $7 $-692 PRICED DORA $0 $0 ADVERTISING ASSESSMENT $0 $0 DESTINATION & DELIVERY $1795 $0 INVOICE $51665.16 NA $51665.16 CONTRACT PRICE: $50,921.38 Customer Email: Customer Phone: Customer Signature Date This order has not been submitted to the order bank. This is not an invoice. about:blank 1/ 37 11128/22, 12:50 PM Preview Order 6000 - X213 4x4 Super Cab SRW t� Preview Order 6000 - X2B 4x4 Super Cab SRW: Order Summary Time of Preview: 11/28/2022 12:50:04 Receipt: NA ?00 Dealership Name: Tenvoorde Ford, Inc. �` Sales Code : F58584 Dealer Rep. Jade Aanenson Type Retail Vehicle Line Superduty Order Code 6000 Customer Name X XXXXX Priority Code 19 Model Year 2023 Price Level 315 DESCRIPTION MSRP DESCRIPTION MSRP F250 4X4 SUPERCAB PICKUP/164 $52955 50 STATE EMISSIONS $0 164 INCH WHEELBASE $0 PRO POWER ONBOARD - 2KW $985 OXFORD WHITE $0 INTERIOR WORK SURFACE $140 40/20/40 CLOTH SEAT $0 AM/FM STEREO MP3/CLK $0 MEDIUM DARK SLATE $0 ROOF CLEARANCE LIGHTS $95 PREFERRED EQUIPMENT PKG.603A $0 JACK $0 .XLT TRIM $0 WHEEL WELL LINERS - FRONT $180 .7.31- DEVCT NA PFI V8 ENGINE $0 UPFITTER SWITCHES $165 10-SPEED AUTO TORQSHIFT $0 PAYLOAD PACKAGE UPGRADE $100 LT275/70R18E BSW ALL TERRAIN $265 DUAL BATTERY $210 3.73 ELECTRONIC -LOCKING AXLE $430 FUEL CHARGE $0 JOB #1 ORDER $0 PRICED DORA $0 CV LOT MANAGEMENT $0 ADVERTISING ASSESSMENT $0 CARPET DELETE $-50 DESTINATION & DELIVERY $1795 10600# GVWR PACKAGE $0 MSRP TOTAL BASE AND OPTIONS $57270 DISCOUNTS NA TOTAL $57270 SHIP TO : F58584 185 Roosevelt Rd, Saint Cloud, MN, 56301-3846 56,17 City of Golden Valley 12-13-22 Shepard M. Harris, Mayor TimothyJ. Cruikshank, City Manager Customer Email: Customer Phone: Customer Signature Date This order has not been submitted to the order bank. about:blank 1/.38 11/30/22, 8:56 AM Preview Order 6001 - F2B 4x4 Reg Cab SRW C3�,,�d --�3 ► � I Preview Order 6001- F2B 4x4 Reg Cab SRW: Order Summary Time of Preview: 11/30/2022 08:56:31 Receipt: 11/28/2022 Dealership Name: Tenvoorde Ford, Inc. Dealer Rep. Jade Aanenson Customer Name X XXXXX DESCRIPTION F250 4X4 STYLESIDE PICKUP/142 142INCH WHEELBASE OXFORD WHITE 40/20/40 CLOTH SEAT MEDIUM DARK SLATE PREFERRED EQUIPMENT PKG.603A .XLT TRIM .AM/FM STEREO MP3/CLK .7.31- DEVCT NA PFI V8 ENGINE 10-SPEED AUTO TORQSHIFT LT275/70R18E BSW ALL TERRAIN 3.73 ELECTRONIC -LOCKING AXLE JOB #1 ORDER CV LOT MANAGEMENT FRONT LICENSE PLATE BRACKET CARPET DELETE 10400# GVWR PACKAGE TOTAL BASE AND OPTIONS DISCOUNTS TOTAL SHIP TO: F58584 185 Roosevelt Rd, Saint Cloud, MN, 56301-3846 City of Golden Valley 12-13-22 M. Harris, Mayor Timothy J. Cruikshank, City Manager Type Retail 'Vehicle Line Superduty . ......_ ....--..... _. _..._.-.. . _ - _ ..._.._._........ Priority Code { 19 Model Year 2023 MSRP DESCRIPTION $50105 50 STATE EMISSIONS $0 PRO POWER ONBOARD - 2KW $0 INTERIOR WORK SURFACE $0 ROOF CLEARANCE LIGHTS $0 JACK $0 WHEEL WELL LINERS FRONT & REAR $0 SPLASH GUARDS - FRONT $0 SPLASH GUARDS - REAR $0 UPFITTER SWITCHES $0 PAYLOAD PACKAGE UPGRADE $265 EXTERIOR BACKUP ALARM $430 DUAL BATTERY $0 FUELCHARGE $0 PRICED DORA $0 ADVERTISING ASSESSMENT $-50 DESTINATION & DELIVERY $0 Customer Email: Customer Phone: Sales Code : F58584 Order Code 6001 Price Level 315 MSRP $0 $985 $140 $95 $0 $325 $130 $0 $165 $100 $150 $210 $0 $0 $0 $1795 MSRP $54845 NA $54845 SLq13Li ' 1/2 about:blank 39 11128/22, 12:57 PM Preview Order 6002 - F213 4x4 Reg Cab SRW Preview Order 6002 - F213 4x4 Reg Cab SRW: Order Summary Time of Preview: 11/28/2022 12:57:29 Receipt: NA Dealership Name: Tenvoorde Ford, Inc. Sales Code : F58584 Dealer Rep. Jade Aanenson Type Retail Vehicle Line Superduty Order Code 6002 Customer Name X XXXXX Priority Code 19 Model Year 2023 Price Level 315 DESCRIPTION MSRP DESCRIPTION MSRP F250 4X4 STYLESIDE PICKUP/142 $50105 10400# GVWR PACKAGE $0 142 INCH WHEELBASE $0 50 STATE EMISSIONS $0 OXFORD WHITE $0 PRO POWER ONBOARD - 2KW $985 40/20/40 CLOTH SEAT $0 SNOWPLOW PREP/CAMPER PACKAGE $305 MEDIUM DARK SLATE $0 INTERIOR WORK SURFACE $140 PREFERRED EQUIPMENT PKG.603A $0 ROOF CLEARANCE LIGHTS $95 .XLTTRIM $0 JACK $0 .AM/FM STEREO MP3/CLK $0 WHEEL WELL LINERS - FRONT $180 .7.31- DEVCT NA PFI V8 ENGINE $0 UPFITTER SWITCHES $165 10-SPEED AUTO TORQSHIFT $0 PAYLOAD PACKAGE UPGRADE $100 LT275/70R18E BSW ALL TERRAIN $265 DUAL BATTERY $210 3.73 ELECTRONIC -LOCKING AXLE $430 FUEL CHARGE $0 JOB #1 ORDER $0 PRICED DORA $0 CV LOT MANAGEMENT $0 ADVERTISING ASSESSMENT $0 FRONT LICENSE PLATE BRACKET $0 DESTINATION & DELIVERY $1795 CARPET DELETE $-50 MSRP TOTAL BASE AND OPTIONS $54725 NA DISCOUNTS $54725 TOTAL SHIP TO: F58584 �1 185 Roosevelt Rd, Saint Cloud, MN, 56301-3846 Si'l as City of Golden Valley 12-13-22 Customer Email: Shepard M. Harris, Mayor Customer Phone: TimothyJ. Cruikshank, City Manager Customer Signature Date 1/9 about:blank 40 MNWFKJQ��` /PMENT PLE SUCCEED CORPORATE HEADQUARTERS: 9150 Pillsbury Avenue South, Bloomington, MN 55420-3686 - Phone: (952) 888-2525 - Fax: (952) 656-7159 - Website: www.aspenequipment.com Cust Name: City Of Golden Valley Quote Number: Quote Date: 9/7/2022 Contact: Marshall Beugen CITY OF GOLDEN VALLEY-25-REA-44811-11-43-vl Phone: 763-593-8085 Fax: E-Mail: MBeugen@goldenvalleymn.gov Dealership: Contact: Aspen Equipment, LLC. is pleased to offer the following quotation for your consideration Q�ty Part/Spec Number Description Installed UNIT 483 1 2.12 CLA 14205 Reading 98" Classic II 56"CA SW Ford/Ram pickup, Pwd coat white,"A" config $10,970.00 Zinc Phosphate. Aluminum Construction, Powder Coat Finish, Resistant to corrosion, chemicals, humidity, scratches, chips, and impact. Frame -Mounted Bumper, Prevents body damage and provides a slip -resistant surface. Galvannealed steel construction with an a -coat prime and white powder coat finish. Slam Action Tailgate, Double -panel construction, stainless steel locking rods, hinge rods, striker channels, and a polished stainless steel handle. Heavy -Duty Compartment Doors, Double -panel construction with internal reinforcement for added strength. Hidden Hinges, Patented design resists forcible entry, and provides protection against corrosion without requiring frequent lubrication or maintenance. Fully adjustable and easily replaced without damage to body or door. 6-way adjustability and tamper -resistant security Nitrogen Gas Door Struts, Controls opening and closing of all vertical compartment doors. Exclusive Dual -Pro® Door Seal System, Automotive quality bubble -type seal and mechanical seals provide a dual line of defense against weather. Patented design increases clear door openings in every compartment. Stainless Steel Rotary Locks, Rust resistant with no exposed fasteners. Features a double-bited, high quality locking cylinder, adjustable striker pins and an O-ring seal to prevent water intrusion. Galvanized Shelves, Designed with 2" dividers for small item storage. Full access between horizontal and rear vertical compartment for longer tool storage. LED Combination Lights, Bright, water-resistant lights with automotive grade sealed connectors, include stop, tail, turn and reverse. Ten-year warranty on the Aluminum Classic 11 TM 1 2.57 WPF-FRONT Fuel Fill Cutout in Front Location $64.00 1 2.272 BPSRSRW1 FA011102 Recessed / Pooched Bumper (SW), Powdercoat White $614.00 1 2.382 LED-FLEX-78-98-108A 78/98/108 LED Strip Light on Hinge Side of Vert Comp, Both Sides of Horiz Comp $1,158.00 1 2.418 Box Delete Remove pickup box for box delete service body application $149.00 1 2.444 10508225 (2) Light Resistors for LED Tail Lights on Box Delete $31.00 Continued On Next Page Submitted by, Mark Lundeen 612-719-4414 F.O.B.: Bloomington, MN (Unless otherwise specified) Equipment Specifications subject to change Quote valid for 30 days from date of quotation Chassis modifications including, but not limited to alterations or relocation of components related to fuel tanks, air tanks, brakes, exhaust systems, battery boxes, protrusions above and below the frame rails, shortening or lengthening frame rails and the like will be added to the selling price. "Mfg's Surcharges may be added to this quotation. Exhaust Systems: With the new EPA mandated diesel exhaust systems for 2007 and newer many changes are taking place. Manufacturers are often unable to depict accurately how the exhaust systems are configured and have difficulty stipulating whether certain components (I.e. PTOs and pumps) may fit in the confined spaces beneath the truck. 2007 EPA COMPLIANT DIESEL EXHAUST SYSTEMS CANNOT BE MODIFIED, RELOCATED OR REPLACED BY ASPEN EQUIPMENT, LLC. Due to evolving designs, Aspen Equipment, LLC. can not maintain expertise on every chassis/engine/transmission/exhaust configuration possible, regardless of who orders or specifies it. Nor can Aspen Equipment, LLC. guarantee that a chassis ordered today will not change in design prior to delivery from the factory. Therefore, Aspen Equipment, LLC. does not warrant that quoted products can be installed on a chassis without modifications to the chassis or products installed. As such, Aspen Equipment, LLC. will not be responsible for the cost of modifications due to exhaust systems conflicting with the installation of quoted products. Aspen Equipment, LLC. will make every reasonable effort to ensure that installations are completed without additional charges to the customer. 41 1 of 5 XQUIPMENT HELPING PEOPLE SUCCEED CORPORATE HEADQUARTERS: 9150 Pillsbury Avenue South, Bloomington, MN 55420-3686 - Phone: (952)888-2525 - Fax: (952)656-7157 - Website: www.aspenequipment.com Cust Name: City Of Golden Valley Quote Number: Quote Date: 9/7/2022 Contact: Marshall Beugen CITY OF GOLDEN VALLEY-25-REA-44811-11-43-vl Phone: 763-593-8085 Fax: Dealership: Contact: Aspen Equipment, LLC. is pleased to offer the following quotation for your consideration Q�tv Part/Spec Number Description Installed 1 Box Delete Lighting Note: Enduser to return Unit to Dealership for Re -Flash of ECM to prevent bulb -out warning 1 Light Adapter Note: Appropriate lighting adapter for chassis 1 2.450 Reading Steel Surcharge 98" Service Body $373.00 1 3.136 UTW0810GEN2 Western 8'-10' Wide Out plow Gen 2, Ultramount 2 $8,637.00 Blade height 31"on Moldboard, 35" at ends Blade gauge is 14 GA steel Four (4) trip springs Six (6) vertical ribs Pivot bar Power bar provides torsional strength Lift ram is 1-3/4" x 8" Angling rams are 1-1/2" x 10" Plow width at full angle: 77' Retracted Plow width at full angle: 9' Expanded Plow width at full angle: 7'11" Scoop Approximate weight of plow is 1,020lbs. 1/2" x 6" high carbon steel cutting edge 1/2" x 8" high carbon cutting edge on wings Disc Shoes are optional Poly blade guides 1 3.170 52280-1 Western Wide -Out Deflector Kit $488.00 1 3.208 72530 NIGHTHAWKTm Halogen Headlight Kit, Complete (Included w/ plow) 1 3.209 72525 Adder for NIGHTHAWK LED Headlight Kit, Complete $515.00 Important Note: Truck rating and compatibilty MUST be verified prior to plow installation 1 6.11 1801060L Service body Class V 2.5"x2.5" rec. tube hitch, 20,000 lb cap $956.00 1 6.49 560700 7-way flat pin trailer socket $274.00 1 8.4 Backup Camera Cab Chassis - Relocate factory supplied backup camera system $372.00 1 8.218 Strobe Installation PR Mount strobe pair, route wire to switch, tie-up and guard. $594.00 1 8.221 Wire Hot Wire Strobes Hot $149.00 1 8.222 Wire High / Low Wire Strobes w/ High or Low intensity option $513.00 2 8.241 3510A ECCO 1.1" x 3.3" Surface Mount Amber LED Strobe, Class 1 $206.00 2 8.263 351013 ECCO 1.1" x 3.3" Surface Mount Blue LED Strobe, Class 1 $218.00 1 8.438 BR-SVC Back Rack Service Body Style Cab Protector $566.00 1 8.442 BR-91002REC Utility Light Bracket, Center Mount, 16"x7" Rectangle $141.00 1 8.445 BR-91004 Safety Rack Arrow Stick Bracket, Pair $141.00 1 8.556 510115 6 drawer unit, 3-3", 2-5", 1-7" CL2, SS # 1 vertical $2,183.00 1 8.6243 5587A LED Minibar: Reflex, 15", zero optic dome, 12-24VDC, 18 flash patterns, amber $308.00 Continued On Next Page Submitted by, Mark Lundeen 612-719-4414 F.O.B.: Bloomington, MN (Unless otherwise specified) Equipment Specifications subject to change Quote valid for 30 days from date of quotation Chassis modifications including, but not limited to alterations or relocation of components related to fuel tanks, air tanks, brakes, exhaust systems, battery boxes, protrusions above and below the frame rails, shortening or lengthening frame rails and the like will be added to the selling price. "Mfg's Surcharges may be added to this quotation. Exhaust Systems: With the new EPA mandated diesel exhaust systems for 2007 and newer many changes are taking place. Manufacturers are often unable to depict accurately how the exhaust systems are configured and have difficulty stipulating whether certain components (I.e. PTOs and pumps) may fit in the confined spaces beneath the truck. 2007 EPA COMPLIANT DIESEL EXHAUST SYSTEMS CANNOT BE MODIFIED, RELOCATED OR REPLACED BYAspen Equipment, LLC.. Due to evolving designs, Aspen Equipment, LLC. can not maintain expertise on every chassisiengineitransmissior✓exhaust configuration possible, regardless of who orders or specifies it. Nor can Aspen Equipment, LLC. guarantee that a chassis ordered today will not change in design prior to delivery from the factory. Therefore, Aspen Equipment, LLC. does not warrant that quoted products can be installed on a chassis without modifications to the chassis or products installed. As such, Aspen Equipment, LLC. will not be responsible for the cost of modifications due to exhaust systems conflicting with the installation of quoted products. Aspen Equipment, LLC. will make every reasonable effort to ensure that installations are completed without additional charges to the customer. 42 2 of 5 WQUIPMENT HELPING PEOPLE SUCCEED CORPORATE HEADQUARTERS: 9150 Pillsbury Avenue South, Bloomington, MN 55420-3686 - Phone: (952)888-2525 - Fax: (952)656-7157 - Website: www.aspenequipment.com Cust Name: City Of Golden Valley Quote Number: Quote Date: 9/7/2022 Contact: Marshall Beugen CITY OF GOLDEN VALLEY-25-REA-44811-11-43-vl Phone: 763-593-8085 Fax: Dealership: Contact: Aspen Equipment, LLC. is pleased to offer the following quotation for your consideration QQt /I Part/Spec Number Description Installed 1 8.217 Strobe Installation EA Mount strobe, route wire to switch, tie-up and guard. $399.00 1 8.6098 3410A Signal Bar Kit: LED Safety Director, 9 flash patterns, in -cab controller, 15' cable, LED, 12VDC, amber $494.00 1 8.220 Install Traffic Director Install traffic director and lighting control box $718.00 1 State Contract Air Compressors - State Contract C# 208450 Valid Through 12/31/2022 State of Minnesota Contract 216653, 214521, 208450 Tax Note: Applicable sales tax and/or FET estimates will be confirmed and added to the final invoice City of Golden Valley 12-13-22 Shepard M. Harris, Mayor Timothy J. Cruikshank, City Manager Quote Sub Total: $31,231.00 Submitted by, Estimated Sales Tax: $0.00 Mark Lundeen 612-719-4414 Total: $31,231.00 F.O.B.: Bloomington, MN (Unless otherwise specified) Equipment Specifications subject to change Quote valid for 30 days from date of quotation Chassis modifications including, but not limited to alterations or relocation of components related to fuel tanks, air tanks, brakes, exhaust systems, battery boxes, protrusions above and below the frame rails, shortening or lengthening frame rails and the like will be added to the selling price. "Mfg's Surcharges may be added to this quotation. Exhaust Systems: VWh the new EPA mandated diesel exhaust systems for 2007 and newer many changes are taking place. Manufacturers are often unable to depict accurately how the exhaust systems are configured and have difficulty stipulating whether certain components (I.e. PTOs and pumps) may fit in the confined spaces beneath the truck. 2007 EPA COMPLIANT DIESEL EXHAUST SYSTEMS CANNOT BE MODIFIED, RELOCATED OR REPLACED BY ASPEN EQUIPMENT, LLC. Due to evolving designs, Aspen Equipment, LLC. can not maintain expertise on every chassis/engine/transmission/exhaust configuration possible, regardless of who orders or specifies it. Nor can Aspen Equipment, LLC. guarantee that a chassis ordered today will not change in design prior to delivery from the factory. Therefore, Aspen Equipment, LLC. does not warrant that quoted products can be installed on a chassis without modifications to the chassis or products installed. As such, Aspen Equipment, LLC. will not be responsible for the cost of modifications due to exhaust systems conflicting with the installation of quoted products. Aspen Equipment, LLC. will make every reasonable effort to ensure that installations are completed without additional charges to the customer. 43 3 of 5 ffQU/PMENT 1KLPVVC PEOPLE SUCCEED CORPORATE HEADQUARTERS: 9150 Pillsbury Avenue South, Bloomington, MN 55420-3686 - Phone: (952)888-2525 - Fax: (952)656-7159 - Website: www.aspenequipment.com ASPEN EQUIPMENT, LLC TERMS AND CONDITIONS OF SALE 1) Offer, Governing Provisions, Cancellation and Termination. This document is an offer or counter-offer by ASPEN EQUIPMENT, LLC ("Seller") to sell the goods and/or services that are identified in this document to the buyer identified in this document (Buyer") in accordance with these Terms and Conditions of Sale (`Terms and Conditions"), it is not an acceptance of any offer made by Buyer. All sales by Seller to Buyer are subject to, and are expressly conditioned upon assent to, these Terms and Conditions. Seller hereby objects to any additional or different terms or conditions, and notifies Buyer that Seller is unwilling to sell on any terms or conditions other than these Terms and Conditions. These Terms and Conditions and the additional terms and conditions contained in or attached to this document, as supplemented by agreed upon quantities and shipping dates (collectively, the "Agreement"), shall be the entire agreement between Seller and Buyer on the subject of the transactions described herein; and there are no conditions to this Agreement that are not expressed herein. This offer and the agreement shall be governed by and construed according to the laws of the State of Wisconsin (without reference to principles of conflicts of laws). Buyer irrevocably consents to the jurisdiction of the courts in the State of Wisconsin with venue in Milwaukee Comity and to the Wisconsin Eastern District Court in Milwaukee, WI. The rights and obligations of the parties hereunder shall not be governed by the 1980 U.N. convention on contracts for the international sale of goods. No accepted offer and no order may be cancelled or altered by Buyer except upon terms and conditions accepted by Seller in writing; and no changes to this document or the Agreement will be binding unless set forth in writing and manually signed by Seller in an Order Acknowledgment. This offer may be revoked by Seller at any time before it is accepted by Buyer, and shall automatically expire thirty (30) calendar days after its date if Buyer has not accepted it before then. In addition to any other remedies that Seller may have, Seller may terminate any Order with immediate effect upon written notice to Buyer, if Buyer: (i) has not otherwise performed or complied with any of these Terms and Conditions, in whole or in part; or (ii) becomes insolvent, files a petition for bankruptcy or commences or has commenced against it proceedings relating to bankruptcy, receivership, reorganization or assignment for the benefit of creditors. Seller may also terminate any Order without cause on ninety (90) days prior written notice to Buyer. Neither Buyer's acceptance of this offer nor any conduct by Seller (including but not limited to shipment of goods) shall oblige Seller to sell to Buyer any quantity of goods in excess of the quantity that Buyer has committed to purchase from Seller at the time of such acceptance or conduct. 2) Price. Unless otherwise specified on the face of this document or agreed to in writing, the price for goods or services sold hereunder shall be Seller's list price in effect as of the date of Buyer's order. Notwithstanding the foregoing, Seller may increase the price of the goods upon notice to Buyer to reflect any additional increases in Seller's cost of producing or procuring the goods. Prices are stated and payable in the currency set forth in the price list. 3) Credit Approval; Payment Terms. All payment terms set forth in this document are subject to Seller's approval of Buyer's credit, in Seller's discretion; and if such approval is withheld, payment shall be due in advance of Seller's performance. Except as otherwise agreed to in writing or otherwise provided on the face of this document or in the preceding sentence, payment is due upon Buyer's receipt of Seller's invoice following shipment. Interest will be charged at the lesser of (i) 18%per year, or (ii) the highest rate permitted by applicable law, on accounts more than 30 calendar days past due. If Buyer fails to make any payments in accordance with the terms of this Agreement, Seller may, in addition to its rights and remedies provided hereunder or at law or equity, five (5) days after providing written notice of nonpayment to Buyer, (a) defer or suspend further shipments or provision of goods until Buyer reestablishes satisfactory credit, (b) cancel the mishipped or unperformed portion of any order and invoice Buyer for incurred costs and reasonable profit without any liability on the part of Seller for failure to ship or provide goods, (c) terminate any order, (d) make shipment of goods to Buyer on a C.O.D. or cash in advance basis, or (e) refuse any new order until Buyer reestablishes satisfactory credit,. If production or shipment of completed goods, or other Seller performance, is delayed by Buyer, Seller may immediately invoice, and Buyer shall pay, the percentage of the purchase price corresponding to the percentage of completion; in addition, Buyer shall compensate Seller for storage of completed goods or work in process during any such delay, whether stored at Seller's facility or an independent storage company's facilities. 4) Taxes and Other Charges. Any cargo insurance, manufacturer's tax, occupation tax, use tax, sales tax, excise tax, value added tax, duty, custom, import, inspection or testing fee, or any other tax, fee, interest or charge of any nature whatsoever imposed by any governmental authority on or measured by the transaction between Seller and Buyer shall be paid by Buyer in addition to the prices quoted or invoiced. In the event Seller is required to pay any such taxes or other charges, Buyer shall reimburse Seller therefor on demand. 5) Security Interest. Buyer hereby grants to Seller and Seller hereby retains a purchase money security interest in all goods sold hereunder and all accessories and additions thereto, whether presently upon Buyer's premises or hereafter acquired, all spare parts and components therefor, and all proceeds of the sale or other disposition including, without limitation, cash, accounts, contract rights, instruments and chattel paper. Buyer hereby authorizes Seller and its agents to file any financing statements and other documents necessary to create, perfect and maintain the security interest granted hereunder. 6) Delivery, Claims and Force Majeure. Unless otherwise provided on the face of this document or agreed to in writing, goods shall be delivered, ex works Seller's loading dock (as defined in Iilcoteims 2010). Delivery of goods to the carrier shall constitute delivery to Buyer; and regardless of shipping terms or freight payment, Buyer shall bear all risk of loss or damage in transit. Seller reserves tlne right to make delivery in installments, unless otherwise expressly stipulated herein; all such installments to be invoiced upon shipment of the first installment and paid for when due per invoice, without regard to subsequent deliveries. Delay in delivery of any installment shall not relieve Buyer of its obligations to accept remaining deliveries. Claims for shortages or other errors in delivery most be made in writing to Seller within 10 calendar days after receipt of shipment; and failure to give such notice shall constitute unqualified acceptance and a waiver of all such claims by Buyer. Claims for loss of or damage to goods in transit most be made to tlne carrier, and not to Seller. All delivery dates are approximate. Seller shall not be liable for any losses or damages as a result of any delay or failure to deliver due to any cause beyond Seller's reasonable control, including but not limited to any act of God, epidemic, pandemic, quarantine, act of Buyer, embargo or other governmental act, regulation or request, fie, accident, strike, slowdown, war, act of terrorism, riot, delay in transportation, or inability to obtain necessary labor, materials or manufacturing facilities. In the event of any such delay, at Seller's option, Seller may: (i) extend the date of delivery for a period equal to the time lost because of the delay, or (ii) terminate the corresponding Order(s) by providing written notice to Buyer. All timeframes provided by Seller, whether verbally or in writing, are good faith estimates of the expected delivery date for the goods. Seller shall use commercially reasonable efforts to fill Buyer's orders within the time stated, but in no event shall Seller be liable for any damages associated with Seller's inability to meet any such timeframes or deadlines or for termination of any Order, including, without limitation, incidental or consequential damages arising therefrom. 7) Retention of title. Goods shall remain the property of Seller until the date of full payment by Buyer. Until that time Buyer shall hold the goods as Seller's fiduciary agent and shall keep the goods properly stored, protected and insured. If necessary, Buyer shall cagy out all actions necessary to evidence Seller's retention of title, including, without limitation, completing filings with public registers, affixing labels or seals on the goods, as may be required by applicable law. Buyer shall have the right to process goods only in the ordinary course of business. Proceeds deriving from such actions shall be promptly transferred to Seller. The right of Buyer to process goods in the ordinary course of business shall cease immediately in the event of nonpayment and Seller shall have the right to enter Buyer's premises and repossess the goods. In the event of an action by a third party seeking to take possession of the goods delivered by Seller and not fully paid by Buyer, Buyer shall notify such party of Seller's ownership and title of such goods, and Buyer shall immediately notify Seller of such situation. Buyer shall bear the costs of any intervention by Seller. 8) Work by Others; Safety Devices. Seller shall have no responsibility for labor or work performed by Buyer or others, including, without limitation, work relating to design, manufacture, fabrication, use, installation, or provision of goods. Buyer is solely responsible for furnishing, and requiring its employees and customers to use, all safety devices, guards and safe operating procedures required by law and as set forth in manuals and instruction sheets furnished by Seller. Buyer is responsible for consulting all operators' manuals, safety standards/regulations and other sources of safety standards and regulations applicable to the use and operation of the goods. 9) Warranties. The goods sold by Seller to Buyer are warranted by their original manufacturer. Seller will provide reasonable assistance to Buyer in processing warranty claims submitted, on behalf of Buyer, to the original manufacturer. This warranty is exclusive and in lieu of all other warranties, whether written, oral or implied, arising by operation of law or otherwise, including, but not limited to, any warranty of satisfactory quality or fitness for a particular purpose. 10) LIMITATION OF LIABILITY. Seller's liability with respect to The goods or services sold hereunder shall be limited to the warranty provided in Section 9 of these Terms and Conditions and, with respect to any other breaches of its contract with Buyer, shall be limited to the contract price. Seller shall not be subject to any other obligations or liabilities, whether arising out of breach of contract, warranty, tort (including negligence and strict liability) or under other theories of law or equity, with respect to goods or services sold by seller, including, without limitation, the sale of goods modified at the request of buyer, or any undertakings, acts or omissions relating thereto. Without limiting the generality of the foregoing, Seller specifically disclaims any liability for property damages, penalties, special orpunitive damages, damages for lost profits or revenues, down -time, lost good will, cost of capital, cost of substitute goods or services, or for any other types of economic loss, or for claims of Buyer's customers or any third party for any such damages, costs or losses. 11) Installation. If Buyer purchases any goods that require installation or erection, Buyer shall, at its expense, make all arrangements necessary to install, erect and operate the goods. Buyer shall install the goods in accordance with any Seller instructions. Buyer shall indemnify and hold harmless Seller from and against any and all losses, liabilities, damages and expenses (including but not limited to attomeys' fees and other costs of defense) arising from or otherwise connected with Buyer's or its agent's failure to properly install the goods. 12) Assignment. Buyer may not assign any of its rights, duties or obligations under this Agreement without Seller's prior written consent, and any attempted assignment without such consent will be void and of no effect or consequence. 44 4of5 13) No Waiver. No waiver of this Agreement or any of its provisions is valid unless expressly agreed to in a writing signed by Seller. No waiver by Seller of any default wider this Agreement is a waiver of any other or subsequent default. The failure of Seller to insist upon strict and timely performance of any term or condition of this Agreement shall not be deemed a waiver of any right or remedy that Seller may have wider this Agreement or at law or equity, and shallnot be deemed a waiver of any subsequent default in performance of the terms and conditions of this Agreement. 14) Cost of Collection. In the event legal action is necessary to recover monies due from Buyer or to enforce any provision of this Agreement, Buyer shall be liable to Seller for all costs and expenses associated therewith, including, without limitation, Seller's actual attorneys' fees and costs. 15) Insurance. Unless otherwise specified on the face of this document or agreed to in writing, Buyer shall be solely responsible from the point of delivery of the goods by Seller for all consequences as a result of theft, loss or partial or total destruction, for any reason whatsoever, including accidental reasons or as a result of force majewe. Buyer shall insure, at its expense, the goods against all aforementioned Buyer has made full payment of all amounts due Seller, and shall provide evidence of this insurance, upon request by Seller. Should Buyer fail to comply with these requirements, Seller may, at Seller's sole discretion, within eight days following written notice to Buyer, either cancel the sale and take back the goods, or procure such insurance at the expense of Buyer. 16) Second-hand or used Goods. If Buyer is buying the goods as second-hand goods, Buyer recognizes that he had an opportunity to inspect the goods and is buying them in full knowledge of their condition. The goods are being sold to Buyer as is, where is, and with all faults, if any. Seller specifically disclaims any and all warranties and representations of any nature whatsoever, express or implied, witli respect to the goods, including, without limitation, any implied warranty of satisfactory condition, quality or fitness for a particular purpose, and any warranty arising by course of dealing or usage of trade. 17) Services. The following terms shall also apply to all services being provided by Seller: (a) Seller will repair or, at its option, replace any part which is or becomes faulty if, in the opinion of Seller, the fault is in workmanship (and not the result of ordinary wear and tear; negligence; acts of God; vandalism; abuse; misuse; neglect; accident or disasters such as fire, flood, wind and lightning; overloading; unauthorized altered, modified or changed products or parts; products or parts which have not been properly installed, stored, operated or maintained or which have been improperly adjusted; any products or parts not manufactured by Seller), provided that the fault is brought to the notice of Seller within twenty (20) days of the date of delivery of the goods to Buyer on completion of the services; (b) The goods, while in Seller's possession are at the risk of the Buyer and Seller shall not be liable for the loss of or damage to the goods or thew contents howsoever arising wiless the same is caused by the negligence of Seller. In the event of such negligence, Seller's liability shall be limited to the replacement or at Seller's option, repair of the lost or damaged goods and wider no circumstances whatsoever shall Seller be liable for any other loss, damage or expense suffered by the Buyer as a result of the loss or damage to the goods. (c) If the goods are not paid for and collected from Seller's premises within twenty (20) of notice that they are ready for collection or if, where the goods are to be collected elsewhere, the Buyer fails to collect them at the agreed time and place, Seller reserves the right, in its sole discretion, to charge for storage or disposal of them. (d) If Seller is required to go to a location other than Seller's premises, Buyer shall be solely responsible to make sure such premises are safe and suitable for the services to be provided by Seller. Seller reserves the right, in its sole discretion to reject the premises if Seller determines they are not safe and/or suitable. Seller further reserves the right, in its sole discretion, to charge if it is waiting for the site to be prepared or if it leaves a site it determines not safe and/or suitable. 18) Compliance. Buyer will at all times and at its own expense: (i) strictly comply with all applicable laws, rules, regulations, ordinances and governmental orders, now or hereafter in effect, including,without limitation, U.S. or non-U.S. export control laws and regulations and sanction and embargo laws and regulations; (ii) pay all fees and other charges required by such laws, rules, regulations and orders; and (iii) maintain in full force and effect all licenses, permits, authorizations, registrations and qualifications from all applicable governmental departments and agencies to the extent necessary to perform its obligations hereunder. If requested by Seller, Buyer will sign written assurances and other export or import related documents, as may be required wider applicable export or import laws and regulations. Buyer will advise Seller in writing within three (3) calendar days of any actual or perceived non-compliance with applicable U.S. or non-U.S. export control laws and regulations and sanction and embargo laws and regulations. If Seller learns, or has reasonable cause to believe, or if any branch or agency of the government of the U.S. or another country claims that a violation of any applicable export regulation or other trade sanction, export control or trade regulation by Buyer has occurred or is likely to occur because of any shipment to or from Buyer, Seller will promptly notify Buyer and may, in addition to any other remedy Seller may have, terminate or suspend all orders or shipments to Buyer witil Seller is satisfied that such violation did not occur or has ceased to occur, or such claim is withdrawn or otherwise resolved to the satisfaction of Seller. Notwithstanding anything to the contrary in this Terms and Conditions, in no event shall Seller be in breach of this Terms and Conditions, or shall Buyer have any claim against Seller, for Seller's exercise of any of its rights wider this Terms and Conditions. 19) Government Contracts. Application of government contract regulations and clauses to the goods and services or the agreement evidenced by these Terms and Conditions are subject to the separate review and consent by an authorized representative at Seller's headquarters. 45 5 of 5 WqurPn�Ervr HELPYNC PEOPLE SUCCEED CORPORATE HEADQUARTERS: 9150 Pillsbury Avenue South, Bloomington, MN 55420-3686 - Phone: (952) 888-2525 - Fax: (952) 656-7159 - Website: www.aspenequipment.com Cust Name: City Of Golden Valley Quote Number: Quote Date: 9/7/2022 Contact: Marshall Beugen CITY OF GOLDEN VALLEY-25-REA-44811-11-21-vl Phone: 763-593-8085 Fax: E-Mail: MBeugen@goldenvalleymn.gov Dealership: Contact: Aspen Equipment, LLC. is pleased to offer the following quotation for your consideration Q�ty Part/Spec Number Description Installed UNIT 487 1 2.12 CLA 14205 Reading 98" Classic II 56"CA SW Ford/Ram pickup, Pwd coat white,"A" config $10,970.00 Zinc Phosphate. Aluminum Construction, Powder Coat Finish, Resistant to corrosion, chemicals, humidity, scratches, chips, and impact. Frame -Mounted Bumper, Prevents body damage and provides a slip -resistant surface. Galvannealed steel construction with an a -coat prime and white powder coat finish. Slam Action Tailgate, Double -panel construction, stainless steel locking rods, hinge rods, striker channels, and a polished stainless steel handle. Heavy -Duty Compartment Doors, Double -panel construction with internal reinforcement for added strength. Hidden Hinges, Patented design resists forcible entry, and provides protection against corrosion without requiring frequent lubrication or maintenance. Fully adjustable and easily replaced without damage to body or door. 6-way adjustability and tamper -resistant security Nitrogen Gas Door Struts, Controls opening and closing of all vertical compartment doors. Exclusive Dual -Pro® Door Seal System, Automotive quality bubble -type seal and mechanical seals provide a dual line of defense against weather. Patented design increases clear door openings in every compartment. Stainless Steel Rotary Locks, Rust resistant with no exposed fasteners. Features a double-bited, high quality locking cylinder, adjustable striker pins and an O-ring seal to prevent water intrusion. Galvanized Shelves, Designed with 2" dividers for small item storage. Full access between horizontal and rear vertical compartment for longer tool storage. LED Combination Lights, Bright, water-resistant lights with automotive grade sealed connectors, include stop, tail, turn and reverse. Ten-year warranty on the Aluminum Classic 11 TM 1 2.57 WPF-FRONT Fuel Fill Cutout in Front Location $64.00 1 2.272 BPSRSRW1 FA011102 Recessed / Pooched Bumper (SW), Powdercoat White $614.00 1 2.382 LED-FLEX-78-98-108A 78/98/108 LED Strip Light on Hinge Side of Vert Comp, Both Sides of Horiz Comp $1,158.00 1 2.418 Box Delete Remove pickup box for box delete service body application $149.00 1 2.444 10508225 (2) Light Resistors for LED Tail Lights on Box Delete $31.00 Continued On Next Page Submitted by, Mark Lundeen 612-719-4414 F.O.B.: Bloomington, MN (Unless otherwise specified) Equipment Specifications subject to change Quote valid for 30 days from date of quotation Chassis modifications including, but not limited to alterations or relocation of components related to fuel tanks, air tanks, brakes, exhaust systems, battery boxes, protrusions above and below the frame rails, shortening or lengthening frame rails and the like will be added to the selling price. "Mfg's Surcharges may be added to this quotation. Exhaust Systems: With the new EPA mandated diesel exhaust systems for 2007 and newer many changes are taking place. Manufacturers are often unable to depict accurately how the exhaust systems are configured and have difficulty stipulating whether certain components (I.e. PTOs and pumps) may fit in the confined spaces beneath the truck. 2007 EPA COMPLIANT DIESEL EXHAUST SYSTEMS CANNOT BE MODIFIED, RELOCATED OR REPLACED BY ASPEN EQUIPMENT, LLC. Due to evolving designs, Aspen Equipment, LLC. can not maintain expertise on every chassis/engine/transmission/exhaust configuration possible, regardless of who orders or specifies it. Nor can Aspen Equipment, LLC. guarantee that a chassis ordered today will not change in design prior to delivery from the factory. Therefore, Aspen Equipment, LLC. does not warrant that quoted products can be installed on a chassis without modifications to the chassis or products installed. As such, Aspen Equipment, LLC. will not be responsible for the cost of modifications due to exhaust systems conflicting with the installation of quoted products. Aspen Equipment, LLC. will make every reasonable effort to ensure that installations are completed without additional charges to the customer. 46 1 of 5 Cust Name: City Of Golden Valley Quote Number: Quote Date: 9/7/2022 Contact: Marshall Beugen CITY OF GOLDEN VALLEY-25-REA-44811-11-21-vl Phone: 763-593-8085 Fax: Dealership: Contact: Aspen Equipment, LLC. is pleased to offer the following quotation for your consideration Q�tv Part/Spec Number Description Installed 1 Box Delete Lighting Note: Enduser to return Unit to Dealership for Re -Flash of ECM to prevent bulb -out warning 1 Light Adapter Note: Appropriate lighting adapter for chassis 1 2.450 Reading Steel Surcharge 98" Service Body $373.00 1 3.136 UTW0810GEN2 Western 8'-10' Wide Out plow Gen 2, Ultramount 2 $8,637.00 Blade height 31"on Moldboard, 35" at ends Blade gauge is 14 GA steel Four (4) trip springs Six (6) vertical ribs Pivot bar Power bar provides torsional strength Lift ram is 1-3/4" x 8" Angling rams are 1-1/2" x 10" Plow width at full angle: 77' Retracted Plow width at full angle: 9' Expanded Plow width at full angle: 7'11" Scoop Approximate weight of plow is 1,020lbs. 1/2" x 6" high carbon steel cutting edge 1/2" x 8" high carbon cutting edge on wings Disc Shoes are optional Poly blade guides 1 3.170 52280-1 Western Wide -Out Deflector Kit $488.00 1 3.208 72530 NIGHTHAWKTm Halogen Headlight Kit, Complete (Included w/ plow) 1 3.209 72525 Adder for NIGHTHAWK LED Headlight Kit, Complete $515.00 Important Note: Truck rating and compatibilty MUST be verified prior to plow installation 1 7.5014 1425-3 Service Body Rack - Aluminum, White Finish $780.00 1 6.11 1801060L Service body Class V 2.5"x2.5" rec. tube hitch, 20,000 lb cap $956.00 1 6.49 560700 7-way flat pin trailer socket $274.00 1 8.4 Backup Camera Cab Chassis - Relocate factory supplied backup camera system $372.00 1 8.218 Strobe Installation PR Mount strobe pair, route wire to switch, tie-up and guard. $594.00 1 8.221 Wire Hot Wire Strobes Hot $149.00 1 8.222 Wire High / Low Wire Strobes w/ High or Low intensity option $513.00 2 8.241 3510A ECCO 1.1" x 3.3" Surface Mount Amber LED Strobe, Class 1 $206.00 2 8.263 3510E ECCO 1.1" x 3.3" Surface Mount Blue LED Strobe, Class 1 $218.00 1 8.438 BR-SVC Back Rack Service Body Style Cab Protector $566.00 1 8.442 BR-91002REC Utility Light Bracket, Center Mount, 16"x7" Rectangle $141.00 1 8.445 BR-91004 Safety Rack Arrow Stick Bracket, Pair $141.00 1 8.556 510115 6 drawer unit, 3-3", 2-5", 1-7" CL2, SS # 1 vertical $2,183.00 Continued On Next Page Submitted by, Mark Lundeen 612-719-4414 F.O.B.: Bloomington, MN (Unless otherwise specified) Equipment Specifications subject to change Quote valid for 30 days from date of quotation Chassis modifications including, but not limited to alterations or relocation of components related to fuel tanks, air tanks, brakes, exhaust systems, battery boxes, protrusions above and below the frame rails, shortening or lengthening frame rails and the like will be added to the selling price. "Mfg's Surcharges may be added to this quotation. Exhaust Systems: With the new EPA mandated diesel exhaust systems for 2007 and newer many changes are taking place. Manufacturers are often unable to depict accurately how the exhaust systems are configured and have difficulty stipulating whether certain components (I.e. PTOs and pumps) may fit in the confined spaces beneath the truck. 2007 EPA COMPLIANT DIESEL EXHAUST SYSTEMS CANNOT BE MODIFIED, RELOCATED OR REPLACED BYAspen Equipment, LLC.. Due to evolving designs, Aspen Equipment, LLC. can not maintain expertise on every chassisiengineitransmissior✓exhaust configuration possible, regardless of who orders or specifies it. Nor can Aspen Equipment, LLC. guarantee that a chassis ordered today will not change in design prior to delivery from the factory. Therefore, Aspen Equipment, LLC. does not warrant that quoted products can be installed on a chassis without modifications to the chassis or products installed. As such, Aspen Equipment, LLC. will not be responsible for the cost of modifications due to exhaust systems conflicting with the installation of quoted products. Aspen Equipment, LLC. will make every reasonable effort to ensure that installations are completed without additional charges to the customer. 47 2 of 5 Cust Name: City Of Golden Valley Quote Number: Quote Date: 9/7/2022 Contact: Marshall Beugen CITY OF GOLDEN VALLEY-25-REA-44811-11-21-v1 Phone: 763-593-8085 Fax: Dealership: Contact: Aspen Equipment, LLC. is pleased to offer the following quotation for your consideration ON Part/Spec Number Description Installed 1 8.6243 5587A LED Minibar: Reflex, 15", zero optic dome, 12-24VDC, 18 flash patterns, amber $308.00 1 8.217 Strobe Installation EA Mount strobe, route wire to switch, tie-up and guard. $399.00 1 8.6098 3410A Signal Bar Kit: LED Safety Director, 9 flash patterns, in -cab controller, 15' cable, LED, 12VDC, amber $494.00 1 8.220 Install Traffic Director Install traffic director and lighting control box $718.00 State of Minnesota Contract 216653, 214521, 208450 Tax Note: Applicable sales tax and/or FET estimates will be confirmed and added to the final invoice City of Golden Valley 12-13-22 Shepard M. Harris, Mayor TimothyJ. Cruikshank, City Manager Quote Sub Total: $32,011.00 Submitted by, Estimated Sales Tax: $0.00 Mark Lundeen 612-719-4414 Total: $32,011.00 F.O.B.: Bloomington, MN (Unless otherwise specified) Equipment Specifications subject to change Quote valid for 30 days from date of quotation Chassis modifications including, but not limited to alterations or relocation of components related to fuel tanks, air tanks, brakes, exhaust systems, battery boxes, protrusions above and below the frame rails, shortening or lengthening frame rails and the like will be added to the selling price. "Mfg's Surcharges may be added to this quotation. Exhaust Systems: With the new EPA mandated diesel exhaust systems for 2007 and newer many changes are taking place. Manufacturers are often unable to depict accurately how the exhaust systems are configured and have difficulty stipulating whether certain components (I.e. PTOs and pumps) may fit in the confined spaces beneath the truck. 2007 EPA COMPLIANT DIESEL EXHAUST SYSTEMS CANNOT BE MODIFIED, RELOCATED OR REPLACED BY ASPEN EQUIPMENT, LLC. Due to evolving designs, Aspen Equipment, LLC. can not maintain expertise on every chassis/engine/transmission/exhaust configuration possible, regardless of who orders or specifies it. Nor can Aspen Equipment, LLC. guarantee that a chassis ordered today will not change in design prior to delivery from the factory. Therefore, Aspen Equipment, LLC. does not warrant that quoted products can be installed on a chassis without modifications to the chassis or products installed. As such, Aspen Equipment, LLC. will not be responsible for the cost of modifications due to exhaust systems conflicting with the installation of quoted products. Aspen Equipment, LLC. will make every reasonable effort to ensure that installations are completed without additional charges to the customer. 48 3 of 5 JrAQ= EQPMENT a 3 ^s e PEOPLE SUCCEEV CORPORATE HEADQUARTERS: 9150 Pillsbury Avenue South, Bloomington, MN 55420-3686 - Phone: (952)888-2525 - Fax: (952)656-7159 - Website: www.aspenequipment.com ASPEN EQUIPMENT, LLC TERMS AND CONDITIONS OF SALE 1) Offer, Governing Provisions, Cancellation and Termination. This document is an offer or counter-offer by ASPEN EQUIPMENT, LLC ("Seller") to sell the goods and/or services that are identified in this document to the buyer identified in this document (Buyer") in accordance with these Terms and Conditions of Sale (`Terms and Conditions"), it is not an acceptance of any offer made by Buyer. All sales by Seller to Buyer are subject to, and are expressly conditioned upon assent to, these Terms and Conditions. Seller hereby objects to any additional or different terms or conditions, and notifies Buyer that Seller is unwilling to sell on any terms or conditions other than these Terms and Conditions. These Terms and Conditions and the additional terms and conditions contained in or attached to this document, as supplemented by agreed upon quantities and shipping dates (collectively, the "Agreement'), shall be the entire agreement between Seller and Buyer on the subject of the transactions described herein; and there are no conditions to this Agreement that are not expressed herein. This offer and the agreement shall be governed by and construed according to the laws of the State of Wisconsin (without reference to principles of conflicts of laws). Buyer irrevocably consents to the jurisdiction of the courts in the State of Wisconsin with venue in Milwaukee Comity and to the Wisconsin Eastern District Court in Milwaukee, WI. The rights and obligations of the parties hereunder shall not be governed by the 1980 U.N. convention on contracts for the international sale of goods. No accepted offer and no order may be cancelled or altered by Buyer except upon terms and conditions accepted by Seller in writing; and no changes to this document or the Agreement will be binding unless set forth in writing and manually signed by Seller in an Order Acknowledgment. This offer may be revoked by Seller at any time before it is accepted by Buyer, and shall automatically expire thirty (30) calendar days after its date if Buyer has not accepted it before then. In addition to any other remedies that Seller may have, Seller may terminate any Order with immediate effect upon written notice to Buyer, if Buyer: (i) has not otherwise performed or complied with any of these Terms and Conditions, in whole or in part; or (ii) becomes insolvent, files a petition for bankruptcy or commences or has commenced against it proceedings relating to bankruptcy, receivership, reorganization or assignment for the benefit of creditors. Seller may also terminate any Order without cause on ninety (90) days prior written notice to Buyer. Neither Buyer's acceptance of this offer nor any conduct by Seller (including but not limited to shipment of goods) shall oblige Seller to sell to Buyer any quantity of goods in excess of the quantity that Buyer has committed to purchase from Seller at the time of such acceptance or conduct. 2) Price. Unless otherwise specified on the face of this document or agreed to in writing, the price for goods or services sold hereunder shall be Seller's list price in effect as of the date of Buyer's order. Notwithstanding the foregoing, Seller may increase the price of the goods upon notice to Buyer to reflect any additional increases in Seller's cost of producing or procuring the goods. Prices are stated and payable in the currency set forth in the price list. 3) Credit Approval; Payment Terms. All payment terms set forth in this document are subject to Seller's approval of Buyer's credit, in Seller's discretion; and if such approval is withheld, payment shall be due in advance of Seller's performance. Except as otherwise agreed to in writing or otherwise provided on the face of this document or in the preceding sentence, payment is due upon Buyer's receipt of Seller's invoice following shipment. Interest will be charged at the lesser of (i) 18% per year, or (ii) the highest rate permitted by applicable law, on accounts more than 30 calendar days past due. If Buyer fails to make any payments in accordance with the terms of this Agreement, Seller may, in addition to its rights and remedies provided hereunder or at law or equity, five (5) days after providing written notice of nonpayment to Buyer, (a) defer or suspend further shipments or provision of goods until Buyer reestablishes satisfactory credit, (b) cancel the mishipped or unperformed portion of any order and invoice Buyer for incurred costs and reasonable profit without any liability on the part of Seller for failure to ship or provide goods, (c) terminate any order, (d) make shipment of goods to Buyer on a C.O.D. or cash in advance basis, or (e) refuse any new order until Buyer reestablishes satisfactory credit,. If production or shipment of completed goods, or other Seller performance, is delayed by Buyer, Seller may immediately invoice, and Buyer shall pay, the percentage of the purchase price corresponding to the percentage of completion; in addition, Buyer shall compensate Seller for storage of completed goods or work in process during any such delay, whether stored at Seller's facility or an independent storage company's facilities. 4) Taxes and Other Charges. Any cargo insurance, manufacturer's tax, occupation tax, use tax, sales tax, excise tax, value added tax, duty, custom, import, inspection or testing fee, or any other tax, fee, interest or charge of any nature whatsoever imposed by any governmental authority on or measured by the transaction between Seller and Buyer shall be paid by Buyer in addition to the prices quoted or invoiced. In the event Seller is required to pay any such taxes or other charges, Buyer shall reimburse Seller therefor on demand. 5) Security Interest. Buyer hereby grants to Seller and Seller hereby retains a purchase money security interest in all goods sold hereunder and all accessories and additions thereto, whether presently upon Buyer's premises or hereafter acquired, all spare parts and components therefor, and all proceeds of the sale or other disposition including, without limitation, cash, accounts, contract rights, instruments and chattel paper. Buyer hereby authorizes Seller and its agents to file any financing statements and other documents necessary to create, perfect and maintain the security interest granted hereunder. 6) Delivery, Claims and Force Majeure. Unless otherwise provided on the face of this document or agreed to in writing, goods shall be delivered, ex works Seller's loading dock (as defined in Iilcoteims 2010). Delivery of goods to the carrier shall constitute delivery to Buyer; and regardless of shipping terms or freight payment, Buyer shall bear all risk of loss or damage in transit. Seller reserves the right to make delivery in installments, unless otherwise expressly stipulated herein; all such installments to be invoiced upon shipment of the first installment and paid for when due per invoice, without regard to subsequent deliveries. Delay in delivery of any installment shall not relieve Buyer of its obligations to accept remaining deliveries. Claims for shortages or other errors in delivery most be made in writing to Seller within 10 calendar days after receipt of shipment; and failure to give such notice shall constitute unqualified acceptance and a waiver of all such claims by Buyer. Claims for loss of or damage to goods in transit most be made to tlne carrier, and not to Seller. All delivery dates are approximate. Seller shall not be liable for any losses or damages as a result of any delay or failure to deliver due to any cause beyond Seller's reasonable control, including but not limited to any act of God, epidemic, pandemic, quarantine, act of Buyer, embargo or other governmental act, regulation or request, fie, accident, strike, slowdown, war, act of terrorism, riot, delay in transportation, or inability to obtain necessary labor, materials or manufacturing facilities. In the event of any such delay, at Seller's option, Seller may: (i) extend the date of delivery for a period equal to the time lost because of the delay, or (ii) terminate the corresponding Order(s) by providing written notice to Buyer. All timeframes provided by Seller, whether verbally or in writing, are good faith estimates of the expected delivery date for the goods. Seller shall use commercially reasonable efforts to fill Buyer's orders within the time stated, but in no event shall Seller be liable for any damages associated with Seller's inability to meet any such timeframes or deadlines or for termination of any Order, including, without limitation, incidental or consequential damages arising therefrom. 7) Retention of title. Goods shall remain the property of Seller until the date of full payment by Buyer. Until that time Buyer shall hold the goods as Seller's fiduciary agent and shall keep the goods properly stored, protected and insured. If necessary, Buyer shall carry out all actions necessary to evidence Seller's retention of title, including, without limitation, completing filings with public registers, affixing labels or seals on the goods, as may be required by applicable law. Buyer shall have the right to process goods only in the ordinary course of business. Proceeds deriving from such actions shall be promptly transferred to Seller. The right of Buyer to process goods in the ordinary course of business shall cease immediately in the event of nonpayment and Seller shall have the right to enter Buyer's premises and repossess the goods. In the event of an action by a third party seeking to take possession of the goods delivered by Seller and not fully paid by Buyer, Buyer shall notify such party of Seller's ownership and title of such goods, and Buyer shall immediately notify Seller of such situation. Buyer shall bear the costs of any intervention by Seller. S) Work by Others; Safety Devices. Seller shall have no responsibility for labor or work performed by Buyer or others, including, without limitation, work relating to design, manufacture, fabrication, use, installation, or provision of goods. Buyer is solely responsible for furnishing, and requiring its employees and customers to use, all safety devices, guards and safe operating procedures required by law and as set forth in manuals and instruction sheets furnished by Seller. Buyer is responsible for consulting all operators' manuals, safety standards/regulations and other sources of safety standards and regulations applicable to the use and operation of the goods. 9) Warranties. The goods sold by Seller to Buyer are warranted by their original manufacturer. Seller will provide reasonable assistance to Buyer in processing warranty claims submitted, on behalf of Buyer, to the original manufactuter. This warranty is exclusive and in lieu of all other warranties, whether written, oral or implied, arising by operation of law or otherwise, including, but not limited to, any warranty of satisfactory quality or fitness for a particular purpose. 10) LIMITATION OF LIABILITY. Seller's liability with respect to the goods or services sold hereunder shall be limited to the warranty provided in Section 9 of these Terns and Conditions and, with respect to any other breaches of its contract with Buyer, shall be limited to the contract price. Seller shall not be subject to any other obligations or liabilities, whether arising out of breach of contract, warranty, tort (including negligence and strict liability) or under other theories of law or equity, with respect to goods or services sold by seller, including, without limitation, the sale of goods modified at the request of buyer, or any undertakings, acts or omissions relating thereto. Without limiting the generality of the foregoing, Seller specifically disclaims any liability for property damages, penalties, special or punitive damages, damages for lost profits or revenues, down -time, lost good will, cost of capital, cost of substitute goods or services, or for any other types of economic loss, or for claims of Buyer's customers or any third party for any such damages, costs or losses. 11) Installation. If Buyer purchases any goods that require installation or erection, Buyer shall, at its expense, make all arrangements necessary to install, erect and operate the goods. Buyer shall install the goods in accordance with any Seller instructions. Buyer shall indemnify and hold harmless Seller from and against any and all losses, liabilities, damages and expenses (including but not limited to attorneys' fees and other costs of defense) arising from or otherwise connected with Buyer's or its agent's failure to properly install the goods. 49 4of5 12) Assignment. Buyer may not assign any of its rights, duties or obligations wider this Agreement without Seller's prior written consent, and any attempted assignment without such consent will be void and of no effect or consequence. 13) No Waiver. No waiver of this Agreement or any of its provisions is valid miless expressly agreed to in a writing signed by Seller. No waiver by Seller of any default wider this Agreement is a waiver of any other or subsequent default. The failure of Seller to insist upon strict and timely performance of any term or condition of this Agreement shall not be deemed a waiver of any right or remedy that Seller may have wider this Agreement or at law or equity, and shall not be deemed a waiver of any subsequent default in performance of the terms and conditions of this Agreement. 14) Cost of Collection. In the event legal action is necessary to recover monies due from Buyer or to enforce any provision of this Agreement, Buyer shall be liable to Seller for all costs and expenses associated therewith, including, without limitation, Seller's actual attorneys' fees and costs. 15) Insurance. Unless otherwise specified on the face of this document or agreed to in writing, Buyer shall be solely responsible from the point of delivery of the goods by Seller for all consequences as a result of theft, loss or partial or total destruction, for any reason whatsoever, including accidental reasons or as a result of force majeure. Buyer shall unsure, at its expense, the goods against all aforementioned Buyer has made full payment of all amounts due Seller, and shall provide evidence of this insuance, upon request by Seller. Should Buyer fail to comply with these requirements, Seller may, at Seller's sole discretion, within eight days following written notice to Buyer, either cancel the sale and take back the goods, or procure such insurance at the expense of Buyer. 16) Second-hand or used Goods. If Buyer is buying the goods as second-hand goods, Buyer recognizes that he had an opportunity to inspect the goods and is buying them in full knowledge of their condition. The goods are being sold to Buyer as is, where is, and with all faults, if any. Seller specifically disclaims any and all warranties and representations of any nature whatsoever, express or implied, with respect to the goods, including, without limitation, any implied warranty of satisfactory condition, quality or fitness for a particular purpose, and any warranty arising by course of dealing or usage of trade. 17) Services. The following terms shall also apply to all services being provided by Seller: (a) Seller will repair or, at its option, replace any part which is or becomes faulty if, in the opinion of Seller, the fault is in workmanship (and not the result of ordinary wear and tear; negligence; acts of God; vandalism; abuse; misuse; neglect; accident or disasters such as fie, flood, wind and lightning; overloading; unauthorized altered, modified or changed products or parts; products or parts which have not been properly installed, stored, operated or maintained or which have been improperly adjusted; any products or parts not manufactured by Seller), provided that the fault is brought to the notice of Seller within twenty (20) days of the date of delivery of the goods to Buyer on completion of the services; (b) The goods, while in Seller's possession are at the risk of the Buyer and Seller shall not be liable for the loss of or damage to the goods or their contents howsoever arising wnless the same is caused by the negligence of Seller. In the event of such negligence, Seller's liability shall be limited to the replacement or at Seller's option, repair of the lost or damaged goods and wider no circumstances whatsoever shall Seller be liable for any other loss, damage or expense suffered by the Buyer as a result of the loss or damage to the goods. (c) If the goods are not paid for and collected from Seller's premises within twenty (20) of notice that they are ready for collection or if, where the goods are to be collected elsewhere, the Buyer fails to collect them at the agreed time and place, Seller reserves the right, in its sole discretion, to charge for storage or disposal of them. (d) If Seller is required to go to a location other than Seller's premises, Buyer shall be solely responsible to make sure such premises are safe and suitable for the services to be provided by Seller. Seller reserves the right, in its sole discretion to reject the premises if Seller determines they are not safe and/or suitable. Seller further reserves the right, in its sole discretion, to charge if it is waiting for the site to be prepared or if it leaves a site it determines not safe and/or suitable. 18) Compliance. Buyer will at all times and at its own expense: (i) strictly comply with all applicable laws, rules, regulations, ordinances and governmental orders, now or hereafter in effect, including, without limitation, U.S. or non-U.S. export control laws and regulations and sanction and embargo laws and regulations; (ii) pay all fees and other charges required by such laws, rules, regulations and orders; and (iii) maintain in full force and effect all licenses, permits, authorizations, registrations and qualifications from all applicable governmental departments and agencies to the extent necessary to perform its obligations hereunder. If requested by Seller, Buyer will sign written assurances and other export or import related documents, as may be required wider applicable export or import laws and regulations. Buyer will advise Seller in writing within three (3) calendar days of any actual or perceived non-compliance with applicable U.S. or non-U.S. export control laws and regulations and sanction and embargo laws and regulations. If Seller learns, or has reasonable cause to believe, or if any branch or agency of the government of the U.S. or another country claims that a violation of any applicable export regulation or other trade sanction, export control or trade regulation by Buyer has occurred or is likely to occur because of any shipment to or from Buyer, Seller will promptly notify Buyer and may, in addition to any other remedy Seller may have, terminate or suspend all orders or shipments to Buyer wntil Seller is satisfied that such violation did not occur or has ceased to occur, or such claim is withdrawn or otherwise resolved to the satisfaction of Seller. Notwithstanding anything to the contrary in this Terms and Conditions, in no event shall Seller be in breach of this Terms and Conditions, or shall Buyer have any claim against Seller, for Seller's exercise of any of its rights wider this Terms and Conditions. 19) Government Contracts. Application of government contract regulations and clauses to the goods and services or the agreement evidenced by these Terms and Conditions are subject to the separate review and consent by an authorized representative at Seller's headquarters. 50 5 of 5 WQ[frPMENT HELPVVC PEOPLE SUCCEED CORPORATE HEADQUARTERS: 9150 Pillsbury Avenue South, Bloomington, MN 55420-3686 - Phone: (952) 888-2525 - Fax: (952) 656-7159 - Website: www.aspenequipment.com Cust Name: City Of Golden Valley Quote Number: Quote Date: 9/7/2022 Contact: Marshall Beugen CITY OF GOLDEN VALLEY-25-REA-44811-11-48-vl Phone: 763-593-8085 Fax: E-Mail: MBeugen@goldenvalleymn.gov Dealership: Contact: Aspen Equipment, LLC. is pleased to offer the following quotation for your consideration ON Part/Spec Number Description Installed UNIT 600 1 2.12 CLA 14205 Reading 98" Classic II 56"CA SW Ford/Ram pickup, Pwd coat white,"A" config $10,970.00 Zinc Phosphate. Aluminum Construction, Powder Coat Finish, Resistant to corrosion, chemicals, humidity, scratches, chips, and impact. Frame -Mounted Bumper, Prevents body damage and provides a slip -resistant surface. Galvannealed steel construction with an a -coat prime and white powder coat finish. Slam Action Tailgate, Double -panel construction, stainless steel locking rods, hinge rods, striker channels, and a polished stainless steel handle. Heavy -Duty Compartment Doors, Double -panel construction with internal reinforcement for added strength. Hidden Hinges, Patented design resists forcible entry, and provides protection against corrosion without requiring frequent lubrication or maintenance. Fully adjustable and easily replaced without damage to body or door. 6-way adjustability and tamper -resistant security Nitrogen Gas Door Struts, Controls opening and closing of all vertical compartment doors. Exclusive Dual -Pro® Door Seal System, Automotive quality bubble -type seal and mechanical seals provide a dual line of defense against weather. Patented design increases clear door openings in every compartment. Stainless Steel Rotary Locks, Rust resistant with no exposed fasteners. Features a double-bited, high quality locking cylinder, adjustable striker pins and an O-ring seal to prevent water intrusion. Galvanized Shelves, Designed with 2" dividers for small item storage. Full access between horizontal and rear vertical compartment for longer tool storage. LED Combination Lights, Bright, water-resistant lights with automotive grade sealed connectors, include stop, tail, turn and reverse. Ten-year warranty on the Aluminum Classic 11 TM 1 Build Note B-Compartments on both sides are described with the code "BB" 2 2.22 B-98-SW Compartment Upgrade, per side, 98 SW $738.00 1 2.27 LPC Body Upgrade, Low Profile 35" 1 2.57 WPF-FRONT Fuel Fill Cutout in Front Location $64.00 1 2.88 LED-FLEX-78-98-108A 78/98/108 LED Strip Light on Hinge Side of Vert Comp, Both Sides of Horiz Comp $1,158.00 Continued On Next Page Submitted by, Mark Lundeen 612-719-4414 F.O.B.: Bloomington, MN (Unless otherwise specified) Equipment Specifications subject to change Quote valid for 30 days from date of quotation Chassis modifications including, but not limited to alterations or relocation of components related to fuel tanks, air tanks, brakes, exhaust systems, battery boxes, protrusions above and below the frame rails, shortening or lengthening frame rails and the like will be added to the selling price. "Mfg's Surcharges may be added to this quotation. Exhaust Systems: Wlth the new EPA mandated diesel exhaust systems for 2007 and newer many changes are taking place. Manufacturers are often unable to depict accurately how the exhaust systems are configured and have difficulty stipulating whether certain components (I.e. PTOs and pumps) may fit in the confined spaces beneath the truck. 2007 EPA COMPLIANT DIESEL EXHAUST SYSTEMS CANNOT BE MODIFIED, RELOCATED OR REPLACED BY ASPEN EQUIPMENT, LLC. Due to evolving designs, Aspen Equipment, LLC. can not maintain expertise on every chassis/engine/transmission/exhaust configuration possible, regardless of who orders or specifies it. Nor can Aspen Equipment, LLC. guarantee that a chassis ordered today will not change in design prior to delivery from the factory. Therefore, Aspen Equipment, LLC. does not warrant that quoted products can be installed on a chassis without modifications to the chassis or products installed. As such, Aspen Equipment, LLC. will not be responsible for the cost of modifications due to exhaust systems conflicting with the installation of quoted products. Aspen Equipment, LLC. will make every reasonable effort to ensure that installations are completed without additional charges to the customer. 51 1 of 4 Cust Name: City Of Golden Valley Contact: Marshall Beugen Phone: 763-593-8085 Fax: Dealership: Contact: Quote Number: Quote Date: 9/7/2022 CITY OF GOLDEN VALLEY-25-REA-44811-11-48-v1 Aspen Equipment, LLC. is pleased to offer the following quotation for your consideration Q�ty Part/Spec Number 1 2.272 BPSRSRW1 FA01 1102 1 2.418 Box Delete 1 2.444 10508225 1 Box Delete Lighting Note: 1 Light Adapter Note: 1 2.450 Reading Steel Surcharge 1 6.11 1801060L 1 6.49 560700 1 8.4 Backup Camera 1 8.218 Strobe Installation PR 1 8.221 Wire Hot 1 8.222 Wire High / Low 2 8.241 3510A 2 8.263 3510E 1 8.438 BR-SVC 1 8.442 BR-91002REC 1 8.445 BR-91004 2 8.488 110V Outlet -Interior 1 8.556 510115 1 8.6243 5587A 1 8.217 Strobe Installation EA 1 8.6098 3410A 1 8.220 Install Traffic Director 1 Aspen Equipment build Note 1 State Contract Tax Note: Description Installed Recessed / Pooched Bumper (SW), Powdercoat White $614.00 Remove pickup box for box delete service body application $149.00 (2) Light Resistors for LED Tail Lights on Box Delete $31.00 Enduser to return Unit to Dealership for Re -Flash of ECM to prevent bulb -out warning Appropriate lighting adapter for chassis 98" Service Body $373.00 Service body Class V 2.5"x2.5" rec. tube hitch, 20,000 lb cap $956.00 7-way flat pin trailer socket $274.00 Cab Chassis - Relocate factory supplied backup camera system $372.00 Mount strobe pair, route wire to switch, tie-up and guard. $594.00 Wire Strobes Hot $149.00 Wire Strobes w/ High or Low intensity option $513.00 ECCO 1.1" x 3.3" Surface Mount Amber LED Strobe, Class 1 $206.00 ECCO 1.1" x 3.3" Surface Mount Blue LED Strobe, Class 1 $218.00 Back Rack Service Body Style Cab Protector $566.00 Utility Light Bracket, Center Mount, 16"x7" Rectangle $141.00 Safety Rack Arrow Stick Bracket, Pair $141.00 Install 110V GFI duplex outlet with gang box, interior mount. Wired to power source $910.00 6 drawer unit, 3-3", 2-5", 1-7" CL2, SS # 1 vertical $2,183.00 LED Minibar: Reflex, 15", zero optic dome, 12-24VDC, 18 flash patterns, amber Mount strobe, route wire to switch, tie-up and guard. $399.00 Signal Bar Kit: LED Safety Director, 9 flash patterns, in -cab controller, 15' cable, LED, 12VDC, amber Install traffic director and lighting control box $718.00 Wire the GFI from SD Ford provided inveter, one in each horizontal compartment, SS CS # 2 Air Compressors - State Contract C# 208450 Valid Through 12/31/2022 State of Minnesota Contract 216653, 214521, 208450 Applicable sales tax and/or FET estimates will be confirmed and added to the final invoice City of Golden Valley 12-13-22 Shepard M. Harris, Mayor Quote Sub Total: $22,437.00 Submitted by, TimothyJ. Cruikshank, City Manager Estimated Sales Tax: $0.00 Mark Lundeen 612-719-4414 Total: $22,437.00 F.O.B.: Bloomington, MN (Unless otherwise specified) Equipment Specifications subject to change Quote valid for 30 days from date of quotation Chassis modifications including, but not limited to alterations or relocation of components related to fuel tanks, air tanks, brakes, exhaust systems, battery boxes, protrusions above and below the frame rails, shortening or lengthening frame rails and the like will be added to the selling price. "Mfg's Surcharges may be added to this quotation. Exhaust Systems: With the new EPA mandated diesel exhaust systems for 2007 and newer many changes are taking place. Manufacturers are often unable to depict accurately how the exhaust systems are configured and have difficulty stipulating whether certain components (I.e. PTOs and pumps) may fit in the confined spaces beneath the truck. 2007 EPA COMPLIANT DIESEL EXHAUST SYSTEMS CANNOT BE MODIFIED, RELOCATED OR REPLACED BY ASPEN EQUIPMENT, LLC. Due to evolving designs, Aspen Equipment, LLC. can not maintain expertise on every chassis/engine/transmission/exhaust configuration possible, regardless of who orders or specifies it. Nor can Aspen Equipment, LLC. guarantee that a chassis ordered today will not change in design prior to delivery from the factory. Therefore, Aspen Equipment, LLC. does not warrant that quoted products can be installed on a chassis without modifications to the chassis or products installed. As such, Aspen Equipment, LLC. will not be responsible for the cost of modifications due to exhaust systems conflicting with the installation of quoted products. Aspen Equipment, LLC. will make every reasonable effort to ensure that installations are completed without additional charges to the customer. 52 2 of 4 EQUIPMENT :FD CORPORATE HEADQUARTERS: 9150 Pillsbury Avenue South, Bloomington, MN 55420-3686 -Phone: (952)888-2525 -Fax: (952)656-7159 - Website: www.aspenequipment.com ASPEN EQUIPMENT, LLC TERMS AND CONDITIONS OF SALE 1) Offer, Governing Provisions, Cancellation and Termination. This document is an offer or counter-offer by ASPEN EQUIPMENT, LLC ("Seller") to sell the goods and/or services that are identified in this document to the buyer identified in this document (Buyer") in accordance with these Terms and Conditions of Sale (`Terms and Conditions"), it is not an acceptance of any offer made by Buyer. All sales by Seller to Buyer are subject to, and are expressly conditioned upon assent to, these Terms and Conditions. Seller hereby objects to any additional or different terms or conditions, and notifies Buyer that Seller is unwilling to sell on any terms or conditions other than these Terms and Conditions. These Terms and Conditions and the additional terms and conditions contained in or attached to this document, as supplemented by agreed upon quantities and shipping dates (collectively, the "Agreement"), shall be the entire agreement between Seller and Buyer on the subject of the transactions described herein; and there are no conditions to this Agreement that are not expressed herein. This offer and the agreement shall be governed by and construed according to the laws of the State of Wisconsin (without reference to principles of conflicts of laws). Buyer irrevocably consents to the jurisdiction of the courts in the State of Wisconsin with venue in Milwaukee Comity and to the Wisconsin Eastern District Court in Milwaukee, WI. The rights and obligations of the parties hereunder shall not be governed by the 1980 U.N. convention on contracts for the international sale of goods. No accepted offer and no order may be cancelled or altered by Buyer except upon terms and conditions accepted by Seller in writing; and no changes to this document or the Agreement will be binding unless set forth in writing and manually signed by Seller in an Order Acknowledgment. This offer may be revoked by Seller at any time before it is accepted by Buyer, and shall automatically expire thirty (30) calendar days after its date if Buyer has not accepted it before then. In addition to any other remedies that Seller may have, Seller may terminate any Order with immediate effect upon written notice to Buyer, if Buyer: (i) has not otherwise performed or complied with any of these Terms and Conditions, in whole or in part; or (ii) becomes insolvent, files a petition for bankrnptcy or commences or has commenced against it proceedings relating to banla-uptcy, receivership, reorganization or assignment for the benefit of creditors. Seller may also terminate any Order without cause on ninety (90) days prior written notice to Buyer. Neither Buyer's acceptance of this offer nor any conduct by Seller (including but not limited to shipment of goods) shall oblige Seller to sell to Buyer any quantity of goods in excess of the quantity that Buyer has committed to purchase from Seller at the time of such acceptance or conduct. 2) Price. Unless otherwise specified on the face of this document or agreed to in writing, the price for goods or services sold hereunder shall be Seller's list price in effect as of the date of Buyer's order. Notwithstanding the foregoing, Seller may increase the price of the goods upon notice to Buyer to reflect any additional increases in Seller's cost of producing or procuring the goods. Prices are stated and payable in the currency set forth in the price list. 3) Credit Approval; Payment Terms. All payment terms set forth in this document are subject to Seller's approval of Buyer's credit, in Seller's discretion; and if such approval is withheld, payment shall be due in advance of Seller's performance. Except as otherwise agreed to in writing or otherwise provided on the face of this document or in the preceding sentence, payment is due upon Buyer's receipt of Seller's invoice following shipment. Interest will be charged at the lesser of (i) 18% per year, or (ii) the highest rate permitted by applicable law, on accounts more than 30 calendar days past due. If Buyer fails to make any payments in accordance with the terms of this Agreement, Seller may, in addition to its rights and remedies provided hereunder or at law or equity, five (5) days after providing written notice of nonpayment to Buyer, (a) defer or suspend further shipments or provision of goods until Buyer reestablishes satisfactory credit, (b) cancel the mishipped or unperformed portion of any order and invoice Buyer for incurred costs and reasonable profit without any liability on the part of Seller for failure to ship or provide goods, (c) terminate any order, (d) make shipment of goods to Buyer on a C.O.D. or cash in advance basis, or (e) refuse any new order until Buyer reestablishes satisfactory credit,. If production or shipment of completed goods, or other Seller performance, is delayed by Buyer, Seller may immediately invoice, and Buyer shall pay, the percentage of the purchase price corresponding to the percentage of completion; in addition, Buyer shall compensate Seller for storage of completed goods or work in process during any such delay, whether stored at Seller's facility or an independent storage company's facilities. 4) Taxes and Other Charges. Any cargo insurance, manufacturer's tax, occupation tax, use tax, sales tax, excise tax, value added tax, duty, custom, import, inspection or testing fee, or any other tax, fee, interest or charge of any nature whatsoever imposed by any governmental authority on or measured by the transaction between Seller and Buyer shall be paid by Buyer in addition to the prices quoted or invoiced. In the event Seller is required to pay any such taxes or other charges, Buyer shall reimburse Seller therefor on demand. 5) Security Interest. Buyer hereby grants to Seller and Seller hereby retains a purchase money security interest in all goods sold hereunder and all accessories and additions thereto, whether presently upon Buyer's premises or hereafter acquired, all spare parts and components therefor, and all proceeds of the sale or other disposition including, without limitation, cash, accounts, contract rights, instruments and chattel paper. Buyer hereby authorizes Seller and its agents to file any financing statements and other documents necessary to create, perfect and maintain the security interest granted hereunder. 6) Delivery, Claims and Force Majeure. Unless otherwise provided on the face of this document or agreed to in writing, goods shall be delivered, ex works Seller's loading dock (as defined in Iilcoterms 2010). Delivery of goods to the carrier shall constitute delivery to Buyer; and regardless of shipping terms or freight payment, Buyer shall bear all risk of loss or damage in transit. Seller reserves tlne right to make delivery in installments, unless otherwise expressly stipulated herein; all such installments to be invoiced upon shipment of the fist installment and paid for when due per invoice, without regard to subsequent deliveries. Delay in delivery of any installment shall not relieve Buyer of its obligations to accept remaining deliveries. Claims for shortages or other errors in delivery most be made in writing to Seller within 10 calendar days after receipt of shipment; and failure to give such notice shall constitute unqualified acceptance and a waiver of all such claims by Buyer. Claims for loss of or damage to goods in transit most be made to the carrier, and not to Seller. All delivery dates are approximate. Seller shall not be liable for any losses or damages as a result of any delay or failure to deliver due to any cause beyond Seller's reasonable control, including but not limited to any act of God, epidemic, pandemic, quarantine, act of Buyer, embargo or other governmental act, regulation or request, fie, accident, strike, slowdown, war, act of terrorism, not, delay in transportation, or inability to obtain necessary labor, materials or manufacturing facilities. In the event of any such delay, at Seller's option, Seller may: (i) extend the date of delivery for a period equal to the time lost because of the delay, or (ii) terminate the corresponding Order(s) by providing written notice to Buyer. All timeframes provided by Seller, whether verbally or in writing, are good faith estimates of the expected delivery date for the goods. Seller shall use commercially reasonable efforts to fill Buyer's orders within the time stated, but in no event shall Seller be liable for any damages associated with Seller's inability to meet any such timeframes or deadlines or for termination of any Order, including, without limitation, incidental or consequential damages arising therefrom. 7) Retention of title. Goods shall remain the property of Seller until the date of full payment by Buyer. Until that time Buyer shall hold the goods as Seller's fiduciary agent and shall keep the goods properly stored, protected and insured. If necessary, Buyer shall cant' out all actions necessary to evidence Seller's retention of title, including, without limitation, completing filings with public registers, affixing labels or seals on the goods, as may be required by applicable law. Buyer shall have the right to process goods only in the ordinary course of business. Proceeds deriving from such actions shall be promptly transferred to Seller. The right of Buyer to process goods in the ordinary course of business shall cease immediately in the event of nonpayment and Seller shall have the right to enter Buyer's premises and repossess tlne goods. In the event of an action by a third party seeking to take possession of the goods delivered by Seller and not fully paid by Buyer, Buyer shall notify such party of Seller's ownership and title of such goods, and Buyer shall immediately notify Seller of such situation. Buyer shall bear the costs of any intervention by Seller. 8) Work by Others; Safety Devices. Seller shall have no responsibility for labor or work performed by Buyer or others, including, without limitation, work relating to design, manufacture, fabrication, use, installation, or provision of goods. Buyer is solely responsible for furnishing, and requiring its employees and customers to use, all safety devices, guards and safe operating procedures required by law and as set forth in manuals and instruction sheets furnished by Seller. Buyer is responsible for consulting all operators' manuals, safety standards/regulations and other sources of safety standards and regulations applicable to the use and operation of the goods. 9) Warranties. The goods sold by Seller to Buyer are warranted by their original manufacturer. Seller will provide reasonable assistance to Buyer in processing warranty claims submitted, on behalf of Buyer, to the original manufacturer. This warranty is exclusive and in lieu of all other warranties, whether written, oral or implied, arising by operation of law or otherwise, including, but not limited to, any warranty of satisfactory quality or fitness for a particular purpose. 10) LIMITATION OF LIABILITY. Seller's liability with respect to the goods or services sold lieremnder shall be limited to the warranty provided in Section 9 of these Terms and Conditions and, with respect to any other breaches of its contract with Buyer, shall be limited to the contract price. Seller shall not be subject to any other obligations or liabilities, whether arising out of breach of contract, warranty, tort (including negligence and strict liability) or under other theories of law or equity, with respect to goods or services sold by seller, including, without limitation, the sale of goods modified at the request of buyer, or any undertakings, acts or omissions relating thereto. Without limiting the generality of the foregoing, Seller specifically disclaims any liability for property damages, penalties, special orpunitive damages, damages for lost profits or revenues, down -time, lost good will, cost of capital, cost of substitute goods or services, or for any other types of economic loss, or for claims of Buyer's customers or any third party for any such damages, costs or losses. 11) Installation. If Buyer purchases any goods that require installation or erection, Buyer shall, at its expense, make all arrangements necessary to install, erect and operate the goods. Buyer shall install the goods in accordance with any Seller instructions. Buyer shall indemnify and hold harmless Seller from and against any and all losses, liabilities, damages and expenses (including but not limited to attomeys' fees and other costs of defense) arising from or otherwise connected with Buyer's or its agent's failure to properly install the goods. 12) Assignment. Buyer may not assign any of its rights, duties or obligations under this Agreement without Seller's prior written consent, and any attempted assignment without such consent will be void and of no effect or consequence. 53 3 of 4 13) No Waiver. No waiver of this Agreement or any of its provisions is valid unless expressly agreed to in a writing signed by Seller. No waiver by Seller of any default wider this Agreement is a waiver of any other or subsequent default. The failure of Seller to insist upon strict and timely performance of any term or condition of this Agreement shallnot be deemed a waiver of any right or remedy that Seller may have wider this Agreement or at law or equity, and shallnot be deemed a waiver of any subsequent default in performance of the terms and conditions of this Agreement. 14) Cost of Collection. In the event legal action is necessary to recover monies due from Buyer or to enforce any provision of this Agreement, Buyer shall be liable to Seller for all costs and expenses associated therewith, including, without limitation, Seller's actual attorneys' fees and costs. 15) Insurance. Unless otherwise specified on the face of this document or agreed to in writing, Buyer shall be solely responsible from the point of delivery of the goods by Seller for all consequences as a result of theft, loss or partial or total destruction, for any reason whatsoever, including accidental reasons or as a result of force majewe. Buyer shall unsure, at its expense, the goods against all aforementioned Buyer has made full payment of all amounts due Seller, and shall provide evidence of this insurance, upon request by Seller. Should Buyer fail to comply with these requirements, Seller may, at Seller's sole discretion, within eight days following written notice to Buyer, either cancel the sale and take back the goods, or procure such insurance at the expense of Buyer. 16) Second-hand or used Goods. If Buyer is buying the goods as second-hand goods, Buyer recognizes that he had an opportunity to inspect the goods and is buying them in full knowledge of their condition. The goods are being sold to Buyer as is, where is, and with all faults, if any. Seller specifically disclaims any and all warranties and representations of any nature whatsoever, express or implied, with respect to the goods, including, without limitation, any implied warranty of satisfactory condition, quality or fitness for a particular purpose, and any warranty arising by course of dealing or usage of trade. 17) Services. The following terms shall also apply to all services being provided by Seller: (a) Seller will repair or, at its option, replace any part which is or becomes faulty if, in the opinion of Seller, the fault is in workmanship (and not the result of ordinary wear and tear; negligence; acts of God; vandalism; abuse; misuse; neglect; accident or disasters such as fire, flood, wind and lightning; overloading; unauthorized altered, modified or changed products or parts; products or parts which have not been properly installed, stored, operated or maintained or which have been improperly adjusted; any products or parts not manufactured by Seller), provided that the fault is brought to the notice of Seller within twenty (20) days of the date of delivery of the goods to Buyer on completion of the services; (b) The goods, while in Seller's possession are at the risk of the Buyer and Seller shall not be liable for the loss of or damage to the goods or their contents howsoever arising wnless the same is caused by the negligence of Seller. In the event of such negligence, Seller's liability shall be limited to the replacement or at Seller's option, repair of the lost or damaged goods and under no circumstances whatsoever shall Seller be liable for any other loss, damage or expense suffered by the Buyer as a result of the loss or damage to the goods. (c) If the goods are not paid for and collected from Seller's premises within twenty (20) of notice that they are ready for collection or if, where the goods are to be collected elsewhere, the Buyer fails to collect them at the agreed time and place, Seller reserves the right, in its sole discretion, to charge for storage or disposal of them. (d) If Seller is required to go to a location other than Seller's premises, Buyer shall be solely responsible to make sure such premises are safe and suitable for the services to be provided by Seller. Seller reserves the right, in its sole discretion to reject the premises if Seller determines they are not safe and/or suitable. Seller further reserves the right, in its sole discretion, to charge if it is waiting for the site to be prepared or if it leaves a site it determines not safe and/or suitable. 18) Compliance. Buyer will at all times and at its own expense: (i) strictly comply with all applicable laws, rules, regulations, ordinances and governmental orders, now or hereafter in effect, including, without limitation, U.S. or non-U.S. export control laws and regulations and sanction and embargo laws and regulations; (ii) pay all fees and other charges required by such laws, rules, regulations and orders; and (iii) maintain in full force and effect all licenses, permits, authorizations, registrations and qualifications from all applicable governmental departments and agencies to the extent necessary to perform its obligations hereunder. If requested by Seller, Buyer will sign written assurances and other export or import related documents, as may be required wider applicable export or import laws and regulations. Buyer will advise Seller in writing within three (3) calendar days of any actual or perceived rnon-compliance with applicable U.S. or non-U.S. export control laws and regulations and sanction and embargo laws and regulations. If Seller learns, or has reasonable cause to believe, or if any branch or agency of the government of the U.S. or another country claims that a violation of any applicable export regulation or other trade sanction, export conntrol or trade regulation by Buyer has occurred or is likely to occur because of any shipment to or from Buyer, Seller will promptly notify Buyer and may, in addition to any other remedy Seller may have, terminate or suspend all orders or shipments to Buyer wntil Seller is satisfied that such violation did not occur or has ceased to occur, or such claim is withdiawrn or otherwise resolved to the satisfaction of Seller. Notwithstanding anything to the contrary in this Terms and Conditions, in no event shall Seller be in breach of this Terms and Conditions, or shall Buyer have any claim against Seller, for Seller's exercise of any of its rights wider this Terms and Conditions. 19) Government Contracts. Application of government contract regulations and clauses to the goods and services or the agreement evidenced by these Terms and Conditions are subject to the separate review and consent by an authorized representative at Seller's headquarters. 54 4of4 XQU/PMENT 1AELPING PEOPLE SUCCEED CORPORATE HEADQUARTERS: 9150 Pillsbury Avenue South, Bloomington, MN 55420-3686 - Phone: (952) 888-2525 - Fax: (952) 656-7159 - Website: www.aspenequipment.com Cust Name: City Of Golden Valley Quote Number: Quote Date: 9/7/2022 Contact: Marshall Beugen CITY OF GOLDEN VALLEY-25-PAL-44811-14-11-vl Phone: 763-593-8085 Fax: E-Mail: MBeugen@goldenvalleymn.gov Dealership: Contact: Aspen Equipment, LLC. is pleased to offer the following quotation for your consideration Qty Part/Spec Number Description Price Unit 604 1 1.0 PSC4016E Model PSC 4016 electric telescopic service crane $21,084.00 Crane Specification: Palfinger model PSC 4016 telescopic service crane specifications: 16' reach capability, one hydraulic / one manual extension 4,000 Lb. vertical lift capacity, Crane rating 18,500 ft_lbs /- 5 to +80 degree boom elevation Continuous Rotation Three -spool proportional control valve Electric planetary drive winch Two -block damage prevention system 12V power unit. Double acting cylinders with load holding valves on all cylinders Electric overload shutdown system Radio remote control Crane hook and load line block Ecoat primer White finish topcoat Crane mounting kit Available for use on vehicles above 10,001 GVWR 1 6.18 KMG04787AS Crane installation kit - electric (25ft. Battery cable, fuse, main switch) $271.00 1 6.105 KMG04788AS Radio remote controller storage kit $66.00 1 6.108 EZ5086 Silicone cover for radio remote control $80.00 1 7.1 Install Elec Crane Mount, wire, and stability test electric service crane w/Aux Battery $1,918.00 1 2.8 CLS 11302 Reading 108" Classic II 60"CA DW Universal, Pwd coat white,"A" config $10,764.00 A60 galv. Steel Construction, E-Coat Prime & Powder Coat Finish, Resistant to corrosion, chemicals, humidity, scratches, chips, and impact. E-Coat only applied to steel. Frame -Mounted Bumper, Prevents body damage and provides a slip -resistant surface. Galvannealed steel construction with an a -coat prime and white powder coat finish. Slam Action Tailgate, Double -panel construction, stainless steel locking rods, hinge rods, striker channels, and a polished stainless steel handle. Heavy -Duty Compartment Doors, Double -panel construction with internal reinforcement for added strength. Hidden Hinges, Patented design resists forcible entry, and provides Continued On Next Page Submitted by, Mark Lundeen 612-719-4414 F.O.B.: Bloomington, MN (Unless otherwise specified) Equipment Specifications subject to change Quote valid for 30 days from date of quotation Chassis modifications including, but not limited to alterations or relocation of components related to fuel tanks, air tanks, brakes, exhaust systems, battery boxes, protrusions above and below the frame rails, shortening or lengthening frame rails and the like will be added to the selling price. "Mfg's Surcharges may be added to this quotation. Exhaust Systems: Wlth the new EPA mandated diesel exhaust systems for 2007 and newer many changes are taking place. Manufacturers are often unable to depict accurately how the exhaust systems are configured and have difficulty stipulating whether certain components (I.e. PTOs and pumps) may fit in the confined spaces beneath the truck. 2007 EPA COMPLIANT DIESEL EXHAUST SYSTEMS CANNOT BE MODIFIED, RELOCATED OR REPLACED BY ASPEN EQUIPMENT, LLC. Due to evolving designs, Aspen Equipment, LLC. can not maintain expertise on every chassis/engine/transmission/exhaust configuration possible, regardless of who orders or specifies it. Nor can Aspen Equipment, LLC. guarantee that a chassis ordered today will not change in design prior to delivery from the factory. Therefore, Aspen Equipment, LLC. does not warrant that quoted products can be installed on a chassis without modifications to the chassis or products installed. As such, Aspen Equipment, LLC. will not be responsible for the cost of modifications due to exhaust systems conflicting with the installation of quoted products. Aspen Equipment, LLC. will make every reasonable effort to ensure that installations are completed without additional charges to the customer. 55 1 of 6 Cust Name: City Of Golden Valley Quote Number: Quote Date: 9/7/2022 Contact: Marshall Beugen CITY OF GOLDEN VALLEY-25-PAL-44811-14-11-vl Phone: 763-593-8085 Fax: Dealership: Contact: Aspen Equipment, LLC. is pleased to offer the following quotation for your consideration Qtv Part/Spec Number Description Price protection against corrosion without requiring frequent lubrication or maintenance. Fully adjustable and easily replaced without damage to body or door. 6-way adjustability and tamper -resistant security Nitrogen Gas Door Struts, Controls opening and closing of all vertical compartment doors. Exclusive Dual -Pro® Door Seal System, Automotive quality bubble -type seal and mechanical seals provide a dual line of defense against weather. Patented design increases clear door openings in every compartment. Stainless Steel Rotary Locks, Rust resistant with no exposed fasteners. Features a double-bited, high quality locking cylinder, adjustable striker pins and an O-ring seal to prevent water intrusion. Galvanized Shelves, Designed with 2" dividers for small item storage. Full access between horizontal and rear vertical compartment for longer tool storage. LED Combination Lights, Bright, water-resistant lights with automotive grade sealed connectors, include stop, tail, turn and reverse. Six -year warranty on the Steel Classic IITIM 1 2.88 LED-FLEX-78-98-108A 78/98/108 LED Strip Light on Hinge Side of Vert Comp, Both Sides of Horiz Comp $1,158.00 1 2.247 CK Package, CM3, for 108 DW Body / 60ca DRW chassis $2,251.00 1 2.249 C4D Upgrade, Furnish Crane Mounting Holes $187.00 1 2.277 BPSRDRW1 FA011212 Recessed / Deck Plate Bumper (DW), Powdercoat White $679.00 1 2.280 E-TG-STEEL Eliminate Steel Tailgate -$230.00 1 2.411 Boom Rest Fab/Install pedestal type fixed boomrest $706.00 1 2.413 Towing Bumper Bumper Reinforcement for Towing, Rigid Mount (Recess Bumper Req'd) 12K $628.00 1 Box Delete Lighting Note: Enduser to return Unit to Dealership for Re -Flash of ECM to prevent bulb -out warning 1 Light Adapter Note: Appropriate lighting adapter for chassis 1 2.451 Reading Steel Surcharge 108" Service Body $525.00 1 5.42 G2-54-1342 TP27 Tommygate 27" Steel Platform, 1300 lb cap, G2 Series $2,567.00 1 5.151 Liftgate Install -Svc Body Installation of liftgate on service body. Mount, wire and test $1,358.00 1 6.11 1801060L Service body Class V 2.5"x2.5" rec. tube hitch, 20,000 lb cap $956.00 1 6.49 560700 7-way flat pin trailer socket $274.00 1 8.4 Backup Camera Cab Chassis - Relocate factory supplied backup camera system $372.00 1 8.82 13010026 5T899 5 lb. Fire Extinguisher - Class ABC Dry Chemical $83.00 1 8.83 4T308 4T308 5 lb. Fire Extinguisher Bracket $99.00 2 8.135 331390 Stainless steel louvered vent for compartment venting $182.00 1 8.218 Strobe Installation PR Mount strobe pair, route wire to switch, tie-up and guard. $594.00 1 8.221 Wire Hot Wire Strobes Hot $149.00 Continued On Next Page Submitted by, Mark Lundeen 612-719-4414 F.O.B.: Bloomington, MN (Unless otherwise specified) Equipment Specifications subject to change Quote valid for 30 days from date of quotation Chassis modifications including, but not limited to alterations or relocation of components related to fuel tanks, air tanks, brakes, exhaust systems, battery boxes, protrusions above and below the frame rails, shortening or lengthening frame rails and the like will be added to the selling price. "Mfg's Surcharges may be added to this quotation. Exhaust Systems: With the new EPA mandated diesel exhaust systems for 2007 and newer many changes are taking place. Manufacturers are often unable to depict accurately how the exhaust systems are configured and have difficulty stipulating whether certain components (Le. PTOs and pumps) may fit in the confined spaces beneath the truck. 2007 EPA COMPLIANT DIESEL EXHAUST SYSTEMS CANNOT BE MODIFIED, RELOCATED OR REPLACED BYAspen Equipment, LLC.. Due to evolving designs, Aspen Equipment, LLC. can not maintain expertise on every chassisiengineitransmissior✓exhaust configuration possible, regardless of who orders or specifies it. Nor can Aspen Equipment, LLC. guarantee that a chassis ordered today will not change in design prior to delivery from the factory. Therefore, Aspen Equipment, LLC. does not warrant that quoted products can be installed on a chassis without modifications to the chassis or products installed. As such, Aspen Equipment, LLC. will not be responsible for the cost of modifications due to exhaust systems conflicting with the installation of quoted products. Aspen Equipment, LLC. will make every reasonable effort to ensure that installations are completed without additional charges to the customer. 56 2 of 6 Cust Name: City Of Golden Valley Contact: Marshall Beugen Phone: 763-593-8085 Fax: Dealership: Contact: Quote Number: Quote Date: 9/7/2022 CITY OF GOLDEN VALLEY-25-PAL-44811-14-11-v1 Aspen Equipment, LLC. is pleased to offer the following quotation for your consideration ON Part/Spec Number Description 1 8.222 Wire High / Low Wire Strobes w/ High or Low intensity option 2 8.241 3510A ECCO 1.1" x 3.3" Surface Mount Amber LED Strobe, Class 1 2 8.263 3510E ECCO 1.1" x 3.3" Surface Mount Blue LED Strobe, Class 1 1 8.329 Oval LED STT 1 pair oval LED SST lights, pigtails and grommets 1 8.330 Oval LED reverse 1 pair oval LED reverse lights, pigtails and grommets 1 8.384 A5850OLP Reel Craft 1/2" X 50 Ft. spring retract air reel 1 8.394 TW7450OLP Reel Craft Oxy/Acy reel, 50' 1/4" hose, spring retract, tank fittings and whip hoses 1 8.395 CUSTOM Reel Cover, treadbright alum, for exterior mounted hose reel protection 1 8.438 BR-SVC Back Rack Service Body Style Cab Protector 1 8.442 BR-91002REC Utility Light Bracket, Center Mount, 16"x7" Rectangle 1 8.445 BR-91004 Safety Rack Arrow Stick Bracket, Pair 2 8.488 110V Outlet -Interior Install 110V GFI duplex outlet with gang box, interior mount. Wired to power source 1 8.588 Spring Build-up SM Install helper spring for body leveling class 5 chassis and lower (1 side) 1 Aspen Equipment Co Build Note: Install 3/4" hose reel top of CS front 1 8.9602 Stabilizer Add removable stabilizer option to rear of body 1 14.2 Modify bumper to allow 3 piece install for liftgate clearance 1 8.567 Q 53284 7 drawer unit, 5-3", 2-5" 108 ADW, with shelf above drawer unit 1 Aspen Equipment Co Build Note: Fire ext. to be installed CS # 1 1 Aspen Equipment Co Build Note: CS # 1 to be vented top and bottom, with 2 eyelets and a 1" strap to secure min ACC/02 tanks 1 Aspen Equipment Co Build Note: Install inverter in cab and install GFI in SS & CS # 2 1 Aspen Equipment Co Build Note: Acc / 02 reel installed in CS # 1 1 8.6243 5587A LED Minibar: Reflex, 15", zero optic dome, 12-24VDC, 18 flash patterns, amber 1 8.217 Strobe Installation EA Mount strobe, route wire to switch, tie-up and guard. 1 8.6098 3410A Signal Bar Kit: LED Safety Director, 9 flash patterns, in -cab controller, 15' cable, LED, 12VDC, amber 1 8.220 Install Traffic Director Install traffic director and lighting control box 1 Aspen Equipment Co Build Note: Install GFI outlets wiried from Ford Super Duty internal 2000 W power supply MN State contract 194223 expired, replaced by Contract # 221318 1 2.0 Make & Model Vmac VR70 Underhood 70 CFM Air Compressor 2.1 Air Compressor type Piston , scrrOil flooded rotary screw 2.2 Air compressor Drive Type Carrier Engine 2.2.4 Maximum Delivery at 110 PSI (L70 CFM 2.2.3 RV Plug and wiring NA 2.2.5 Mounting Location Carrier Engine Compartment 2.2.6 Does Compressor Include enclo None, remote mount components 2.2.7 Weight 175lbs 2.2.8 Warranty 2 year on all major components State Contract Air Compressors - State Contract C# 208450 Valid Through 12/31/2022 Submitted by, Mark Lundeen 612-719-4414 F.O.B.: Bloomington, MN (Unless otherwise specified) Equipment Specifications subject to change Quote valid for 30 days from date of quotation Price $513.00 $206.00 $218.00 $51.00 $44.00 $967.00 $1,145.00 $565.00 $566.00 $141.00 $141.00 $910.00 $1,043.00 $1,412.00 $2,872.00 $2,081.00 $345.00 $308.00 $399.00 $494.00 $718.00 $14,218.00 Chassis modifications including, but not limited to alterations or relocation of components related to fuel tanks, air tanks, brakes, exhaust systems, battery boxes, protrusions above and below the frame rails, shortening or lengthening frame rails and the like will be added to the selling price. "Mfg's Surcharges may be added to this quotation. Exhaust Systems: With the new EPA mandated diesel exhaust systems for 2007 and newer many changes are taking place. Manufacturers are often unable to depict accurately how the exhaust systems are configured and have difficulty stipulating whether certain components (I.e. PTOs and pumps) may fit in the confined spaces beneath the truck. 2007 EPA COMPLIANT DIESEL EXHAUST SYSTEMS CANNOT BE MODIFIED, RELOCATED OR REPLACED BY ASPEN EQUIPMENT, LLC. Due to evolving designs, Aspen Equipment, LLC. can not maintain expertise on every chassis/enginettransmission/exhaust configuration possible, regardless of who orders or specifies it. Nor can Aspen Equipment, LLC. guarantee that a chassis ordered today will not change in design prior to delivery from the factory. Therefore, Aspen Equipment, LLC. does not warrant that quoted products can be installed on a chassis without modifications to the chassis or products installed. As such, Aspen Equipment, LLC. will not be responsible for the cost of modifications due to exhaust systems conflicting with the installation of quoted products. Aspen Equipment, LLC. will make every reasonable effort to ensure that installations are completed without additional charges to the customer. 57 3 of 6 venue Cust Name: City Of Golden Valley Contact: Marshall Beugen Phone: 763-593-8085 Fax: Dealership: Contact: Ith, Bloomington, MN b042u-3bdb - Phone: (ao2J F1F1F1-Zb2b f-ax: (9b2)b06-/1b/ Weoslte: www.aspe Quote Number: Quote Date: 9/7/2022 CITY OF GOLDEN VALLEY-25-PAL-44811-14-11-v1 Aspen Equipment, LLC, is pleased to offer the following quotation for your consideration Qtv Part/Spec Number Description State of Minnesota Contract 216653, 214521, 208450, 194223 Tax Note: Applicable sales tax and/or FET estimates will be confirmed and added to the final invoice City of Golden Valley 12-13-22 Shepard M. Harris, Mayor Timothy J. Cruikshank, City Manager Submitted by, Mark Lundeen 612-719-4414 F.O.B.: Bloomington, MN (Unless otherwise specified) Equipment Specifications subject to change Quote valid for 30 days from date of quotation Price Quote Sub Total: $76,078.00 Estimated Sales Tax: $0.00 Total: $76,078.00 Chassis modifications including, but not limited to alterations or relocation of components related to fuel tanks, air tanks, brakes, exhaust systems, battery boxes, protrusions above and below the frame rails, shortening or lengthening frame rails and the like will be added to the selling price. "Mfg's Surcharges may be added to this quotation. Exhaust Systems: With the new EPA mandated diesel exhaust systems for 2007 and newer many changes are taking place. Manufacturers are often unable to depict accurately how the exhaust systems are configured and have difficulty stipulating whether certain components (Le. PTOs and pumps) may fit in the confined spaces beneath the truck. 2007 EPA COMPLIANT DIESEL EXHAUST SYSTEMS CANNOT BE MODIFIED, RELOCATED OR REPLACED BY ASPEN EQUIPMENT, LLC. Due to evolving designs, Aspen Equipment, LLC. can not maintain expertise on every chassis/engine/transmission/exhaust configuration possible, regardless of who orders or specifies it. Nor can Aspen Equipment, LLC. guarantee that a chassis ordered today will not change in design prior to delivery from the factory. Therefore, Aspen Equipment, LLC. does not warrant that quoted products can be installed on a chassis without modifications to the chassis or products installed. As such, Aspen Equipment, LLC. will not be responsible for the cost of modifications due to exhaust systems conflicting with the installation of quoted products. Aspen Equipment, LLC. will make every reasonable effort to ensure that installations are completed without additional charges to the customer. 58 4of6 ■ EQUfPMENT F SUCCEED CORPORATE HEADQUARTERS: 9150 Pillsbury Avenue South, Bloomington, MN 55420-3686 -Phone: (952)888-2525 -Fax: (952)656-7159 - Website: www.aspenequipment.com ASPEN EQUIPMENT, LLC TERMS AND CONDITIONS OF SALE 1) Offer, Governing Provisions, Cancellation and Termination. This document is an offer or counter-offer by ASPEN EQUIPMENT, LLC ("Seller") to sell the goods and/or services that are identified in this document to the buyer identified in this document (Buyer") in accordance with these Terms and Conditions of Sale (`Terms and Conditions"), it is not an acceptance of any offer made by Buyer. All sales by Seller to Buyer are subject to, and are expressly conditioned upon assent to, these Terms and Conditions. Seller hereby objects to any additional or different terms or conditions, and notifies Buyer that Seller is unwilling to sell on any terms or conditions other than these Terms and Conditions. These Terms and Conditions and the additional terms and conditions contained in or attached to this document, as supplemented by agreed upon quantities and shipping dates (collectively, the "Agreement"), shall be the entire agreement between Seller and Buyer on the subject of the transactions described herein; and there are no conditions to this Agreement that are not expressed herein. This offer and the agreement shall be governed by and construed according to the laws of the State of Wisconsin (without reference to principles of conflicts of laws). Buyer irrevocably consents to the jurisdiction of the courts in the State of Wisconsin with venue in Milwaukee Comity and to the Wisconsin Eastern District Court in Milwaukee, WI. The rights and obligations of the parties hereunder shall not be governed by the 1980 U.N. convention on contracts for the international sale of goods. No accepted offer and no order may be cancelled or altered by Buyer except upon terms and conditions accepted by Seller in writing; and no changes to this document or the Agreement will be binding unless set forth in writing and manually signed by Seller in an Order Acknowledgment. This offer may be revoked by Seller at any time before it is accepted by Buyer, and shall automatically expire thirty (30) calendar days after its date if Buyer has not accepted it before then. In addition to any other remedies that Seller may have, Seller may terminate any Order with immediate effect upon written notice to Buyer, if Buyer: (i) has not otherwise performed or complied with any of these Terms and Conditions, in whole or in part; or (ii) becomes insolvent, files a petition for bankrnptcy or commences or has commenced against it proceedings relating to banla-uptcy, receivership, reorganization or assignment for the benefit of creditors. Seller may also terminate any Order without cause on ninety (90) days prior written notice to Buyer. Neither Buyer's acceptance of this offer nor any conduct by Seller (including but not limited to shipment of goods) shall oblige Seller to sell to Buyer any quantity of goods in excess of the quantity that Buyer has committed to purchase from Seller at the time of such acceptance or conduct. 2) Price. Unless otherwise specified on the face of this document or agreed to in writing, the price for goods or services sold hereunder shall be Seller's list price in effect as of the date of Buyer's order. Notwithstanding the foregoing, Seller may increase the price of the goods upon notice to Buyer to reflect any additional increases in Seller's cost of producing or procuring the goods. Prices are stated and payable in the currency set forth in the price list. 3) Credit Approval; Payment Terms. All payment terms set forth in this document are subject to Seller's approval of Buyer's credit, in Seller's discretion; and if such approval is withheld, payment shall be due in advance of Seller's performance. Except as otherwise agreed to in writing or otherwise provided on the face of this document or in the preceding sentence, payment is due upon Buyer's receipt of Seller's invoice following shipment. Interest will be charged at the lesser of (i) 18% per year, or (ii) the highest rate permitted by applicable law, on accounts more than 30 calendar days past due. If Buyer fails to make any payments in accordance with the terms of this Agreement, Seller may, in addition to its rights and remedies provided hereunder or at law or equity, five (5) days after providing written notice of nonpayment to Buyer, (a) defer or suspend further shipments or provision of goods until Buyer reestablishes satisfactory credit, (b) cancel the mishipped or unperformed portion of any order and invoice Buyer for incurred costs and reasonable profit without any liability on the part of Seller for failure to ship or provide goods, (c) terminate any order, (d) make shipment of goods to Buyer on a C.O.D. or cash in advance basis, or (e) refuse any new order until Buyer reestablishes satisfactory credit,. If production or shipment of completed goods, or other Seller performance, is delayed by Buyer, Seller may immediately invoice, and Buyer shall pay, the percentage of the purchase price corresponding to the percentage of completion; in addition, Buyer shall compensate Seller for storage of completed goods or work in process during any such delay, whether stored at Seller's facility or an independent storage company's facilities. 4) Taxes and Other Charges. Any cargo insurance, manufacturer's tax, occupation tax, use tax, sales tax, excise tax, value added tax, duty, custom, import, inspection or testing fee, or any other tax, fee, interest or charge of any nature whatsoever imposed by any governmental authority on or measured by the transaction between Seller and Buyer shall be paid by Buyer in addition to the prices quoted or invoiced. In the event Seller is required to pay any such taxes or other charges, Buyer shall reimburse Seller therefor on demand. 5) Security Interest. Buyer hereby grants to Seller and Seller hereby retains a purchase money security interest in all goods sold hereunder and all accessories and additions thereto, whether presently upon Buyer's premises or hereafter acquired, all spare parts and components therefor, and all proceeds of the sale or other disposition including, without limitation, cash, accounts, contract rights, instruments and chattel paper. Buyer hereby authorizes Seller and its agents to file any financing statements and other documents necessary to create, perfect and maintain the security interest granted hereunder. 6) Delivery, Claims and Force Majeure. Unless otherwise provided on the face of this document or agreed to in writing, goods shall be delivered, ex works Seller's loading dock (as defined in Iilcoterms 2010). Delivery of goods to the carrier shall constitute delivery to Buyer; and regardless of shipping terms or freight payment, Buyer shall bear all risk of loss or damage in transit. Seller reserves tlne right to make delivery in installments, unless otherwise expressly stipulated herein; all such installments to be invoiced upon shipment of the fist installment and paid for when due per invoice, without regard to subsequent deliveries. Delay in delivery of any installment shall not relieve Buyer of its obligations to accept remaining deliveries. Claims for shortages or other errors in delivery most be made in writing to Seller within 10 calendar days after receipt of shipment; and failure to give such notice shall constitute unqualified acceptance and a waiver of all such claims by Buyer. Claims for loss of or damage to goods in transit most be made to the carrier, and not to Seller. All delivery dates are approximate. Seller shall not be liable for any losses or damages as a result of any delay or failure to deliver due to any cause beyond Seller's reasonable control, including but not limited to any act of God, epidemic, pandemic, quarantine, act of Buyer, embargo or other governmental act, regulation or request, fie, accident, strike, slowdown, war, act of terrorism, not, delay in transportation, or inability to obtain necessary labor, materials or manufacturing facilities. In the event of any such delay, at Seller's option, Seller may: (i) extend the date of delivery for a period equal to the time lost because of the delay, or (ii) terminate the corresponding Order(s) by providing written notice to Buyer. All timeframes provided by Seller, whether verbally or in writing, are good faith estimates of the expected delivery date for the goods. Seller shall use commercially reasonable efforts to fill Buyer's orders within the time stated, but in no event shall Seller be liable for any damages associated with Seller's inability to meet any such timeframes or deadlines or for termination of any Order, including, without limitation, incidental or consequential damages arising therefrom. 7) Retention of title. Goods shall remain the property of Seller until the date of full payment by Buyer. Until that time Buyer shall hold the goods as Seller's fiduciary agent and shall keep the goods properly stored, protected and insured. If necessary, Buyer shall cant' out all actions necessary to evidence Seller's retention of title, including, without limitation, completing filings with public registers, affixing labels or seals on the goods, as may be required by applicable law. Buyer shall have the right to process goods only in the ordinary course of business. Proceeds deriving from such actions shall be promptly transferred to Seller. The right of Buyer to process goods in the ordinary course of business shall cease immediately in the event of nonpayment and Seller shall have the right to enter Buyer's premises and repossess tlne goods. In the event of an action by a third party seeking to take possession of the goods delivered by Seller and not fully paid by Buyer, Buyer shall notify such party of Seller's ownership and title of such goods, and Buyer shall immediately notify Seller of such situation. Buyer shall bear the costs of any intervention by Seller. 8) Work by Others; Safety Devices. Seller shall have no responsibility for labor or work performed by Buyer or others, including, without limitation, work relating to design, manufacture, fabrication, use, installation, or provision of goods. Buyer is solely responsible for furnishing, and requiring its employees and customers to use, all safety devices, guards and safe operating procedures required by law and as set forth in manuals and instruction sheets furnished by Seller. Buyer is responsible for consulting all operators' manuals, safety standards/regulations and other sources of safety standards and regulations applicable to the use and operation of the goods. 9) Warranties. The goods sold by Seller to Buyer are warranted by their original manufacturer. Seller will provide reasonable assistance to Buyer in processing warranty claims submitted, on behalf of Buyer, to the original manufacturer. This warranty is exclusive and in lieu of all other warranties, whether written, oral or implied, arising by operation of law or otherwise, including, but not limited to, any warranty of satisfactory quality or fitness for a particular purpose. 10) LIMITATION OF LIABILITY. Seller's liability with respect to the goods or services sold lieremnder shall be limited to the warranty provided in Section 9 of these Terms and Conditions and, with respect to any other breaches of its contract with Buyer, shall be limited to the contract price. Seller shall not be subject to any other obligations or liabilities, whether arising out of breach of contract, warranty, tort (including negligence and strict liability) or under other theories of law or equity, with respect to goods or services sold by seller, including, without limitation, the sale of goods modified at the request of buyer, or any undertakings, acts or omissions relating thereto. Without limiting the generality of the foregoing, Seller specifically disclaims any liability for property damages, penalties, special orpunitive damages, damages for lost profits or revenues, down -time, lost good will, cost of capital, cost of substitute goods or services, or for any other types of economic loss, or for claims of Buyer's customers or any third party for any such damages, costs or losses. 11) Installation. If Buyer purchases any goods that require installation or erection, Buyer shall, at its expense, make all arrangements necessary to install, erect and operate the goods. Buyer shall install the goods in accordance with any Seller instructions. Buyer shall indemnify and hold harmless Seller from and against any and all losses, liabilities, damages and expenses (including but not limited to attomeys' fees and other costs of defense) arising from or otherwise connected with Buyer's or its agent's failure to properly install the goods. 12) Assignment. Buyer may not assign any of its rights, duties or obligations under this Agreement without Seller's prior written consent, and any attempted assignment without such consent will be void and of no effect or consequence. 59 5 of 6 13) No Waiver. No waiver of this Agreement or any of its provisions is valid unless expressly agreed to in a writing signed by Seller. No waiver by Seller of any default wider this Agreement is a waiver of any other or subsequent default. The failure of Seller to insist upon strict and timely performance of any term or condition of this Agreement shallnot be deemed a waiver of any right or remedy that Seller may have wider this Agreement or at law or equity, and shallnot be deemed a waiver of any subsequent default in performance of the terms and conditions of this Agreement. 14) Cost of Collection. In the event legal action is necessary to recover monies due from Buyer or to enforce any provision of this Agreement, Buyer shall be liable to Seller for all costs and expenses associated therewith, including, without limitation, Seller's actual attorneys' fees and costs. 15) Insurance. Unless otherwise specified on the face of this document or agreed to in writing, Buyer shall be solely responsible from the point of delivery of the goods by Seller for all consequences as a result of theft, loss or partial or total destruction, for any reason whatsoever, including accidental reasons or as a result of force majewe. Buyer shall unsure, at its expense, the goods against all aforementioned Buyer has made full payment of all amounts due Seller, and shall provide evidence of this insurance, upon request by Seller. Should Buyer fail to comply with these requirements, Seller may, at Seller's sole discretion, within eight days following written notice to Buyer, either cancel the sale and take back the goods, or procure such insurance at the expense of Buyer. 16) Second-hand or used Goods. If Buyer is buying the goods as second-hand goods, Buyer recognizes that he had an opportunity to inspect the goods and is buying them in full knowledge of their condition. The goods are being sold to Buyer as is, where is, and with all faults, if any. Seller specifically disclaims any and all warranties and representations of any nature whatsoever, express or implied, with respect to the goods, including, without limitation, any implied warranty of satisfactory condition, quality or fitness for a particular purpose, and any warranty arising by course of dealing or usage of trade. 17) Services. The following terms shall also apply to all services being provided by Seller: (a) Seller will repair or, at its option, replace any part which is or becomes faulty if, in the opinion of Seller, the fault is in workmanship (and not the result of ordinary wear and tear; negligence; acts of God; vandalism; abuse; misuse; neglect; accident or disasters such as fire, flood, wind and lightning; overloading; unauthorized altered, modified or changed products or parts; products or parts which have not been properly installed, stored, operated or maintained or which have been improperly adjusted; any products or parts not manufactured by Seller), provided that the fault is brought to the notice of Seller within twenty (20) days of the date of delivery of the goods to Buyer on completion of the services; (b) The goods, while in Seller's possession are at the risk of the Buyer and Seller shall not be liable for the loss of or damage to the goods or their contents howsoever arising wnless the same is caused by the negligence of Seller. In the event of such negligence, Seller's liability shall be limited to the replacement or at Seller's option, repair of the lost or damaged goods and under no circumstances whatsoever shall Seller be liable for any other loss, damage or expense suffered by the Buyer as a result of the loss or damage to the goods. (c) If the goods are not paid for and collected from Seller's premises within twenty (20) of notice that they are ready for collection or if, where the goods are to be collected elsewhere, the Buyer fails to collect them at the agreed time and place, Seller reserves the right, in its sole discretion, to charge for storage or disposal of them. (d) If Seller is required to go to a location other than Seller's premises, Buyer shall be solely responsible to make sure such premises are safe and suitable for the services to be provided by Seller. Seller reserves the right, in its sole discretion to reject the premises if Seller determines they are not safe and/or suitable. Seller further reserves the right, in its sole discretion, to charge if it is waiting for the site to be prepared or if it leaves a site it determines not safe and/or suitable. 18) Compliance. Buyer will at all times and at its own expense: (i) strictly comply with all applicable laws, rules, regulations, ordinances and governmental orders, now or hereafter in effect, including, without limitation, U.S. or non-U.S. export control laws and regulations and sanction and embargo laws and regulations; (ii) pay all fees and other charges required by such laws, rules, regulations and orders; and (iii) maintain in full force and effect all licenses, permits, authorizations, registrations and qualifications from all applicable governmental departments and agencies to the extent necessary to perform its obligations hereunder. If requested by Seller, Buyer will sign written assurances and other export or import related documents, as may be required wider applicable export or import laws and regulations. Buyer will advise Seller in writing within three (3) calendar days of any actual or perceived rnon-compliance with applicable U.S. or non-U.S. export control laws and regulations and sanction and embargo laws and regulations. If Seller learns, or has reasonable cause to believe, or if any branch or agency of the government of the U.S. or another country claims that a violation of any applicable export regulation or other trade sanction, export conntrol or trade regulation by Buyer has occurred or is likely to occur because of any shipment to or from Buyer, Seller will promptly notify Buyer and may, in addition to any other remedy Seller may have, terminate or suspend all orders or shipments to Buyer wntil Seller is satisfied that such violation did not occur or has ceased to occur, or such claim is withdiawrn or otherwise resolved to the satisfaction of Seller. Notwithstanding anything to the contrary in this Terms and Conditions, in no event shall Seller be in breach of this Terms and Conditions, or shall Buyer have any claim against Seller, for Seller's exercise of any of its rights wider this Terms and Conditions. 19) Government Contracts. Application of government contract regulations and clauses to the goods and services or the agreement evidenced by these Terms and Conditions are subject to the separate review and consent by an authorized representative at Seller's headquarters. 60 6 of 6 EQUIPMENT ►�c�rnrc �oPc,� succ,�n CORPORATE HEADQUARTERS: 9150 Pillsbury Avenue South, Bloomington, MN 55420-3686 - Phone: (952) 888-2525 - Fax: (952) 656-7159 - Website: www.aspenequipment.com Cust Name: City Of Golden Valley Quote Number: Quote Date: 9/7/2022 Contact: Marshall Beugen CITY OF GOLDEN VALLEY-25-REA-44811-10-51-vl Phone: 763-593-8085 Fax: E-Mail: MBeugen@goldenvalleymn.gov Dealership: Contact: Aspen Equipment, LLC. is pleased to offer the following quotation for your consideration Q�ty Part/Spec Number Description Installed UNIT 902 1 2.12 CLA 14205 Reading 98" Classic II 56"CA SW Ford/Ram pickup, Pwd coat white,"A" config $10,970.00 Zinc Phosphate. Aluminum Construction, Powder Coat Finish, Resistant to corrosion, chemicals, humidity, scratches, chips, and impact. Frame -Mounted Bumper, Prevents body damage and provides a slip -resistant surface. Galvannealed steel construction with an a -coat prime and white powder coat finish. Slam Action Tailgate, Double -panel construction, stainless steel locking rods, hinge rods, striker channels, and a polished stainless steel handle. Heavy -Duty Compartment Doors, Double -panel construction with internal reinforcement for added strength. Hidden Hinges, Patented design resists forcible entry, and provides protection against corrosion without requiring frequent lubrication or maintenance. Fully adjustable and easily replaced without damage to body or door. 6-way adjustability and tamper -resistant security Nitrogen Gas Door Struts, Controls opening and closing of all vertical compartment doors. Exclusive Dual -Pro® Door Seal System, Automotive quality bubble -type seal and mechanical seals provide a dual line of defense against weather. Patented design increases clear door openings in every compartment. Stainless Steel Rotary Locks, Rust resistant with no exposed fasteners. Features a double-bited, high quality locking cylinder, adjustable striker pins and an O-ring seal to prevent water intrusion. Galvanized Shelves, Designed with 2" dividers for small item storage. Full access between horizontal and rear vertical compartment for longer tool storage. LED Combination Lights, Bright, water-resistant lights with automotive grade sealed connectors, include stop, tail, turn and reverse. Ten-year warranty on the Aluminum Classic 11 TM 1 2.57 WPF-FRONT Fuel Fill Cutout in Front Location $64.00 1 2.88 LED-FLEX-78-98-108A 78/98/108 LED Strip Light on Hinge Side of Vert Comp, Both Sides of Horiz Comp $1,158.00 1 2.277 BPSRDRW1 FA011212 Recessed / Deck Plate Bumper (DW), Powdercoat White $679.00 1 2.281 E-TG-ALUM Eliminate Aluminum Tailgate -$325.00 1 2.413 Towing Bumper Bumper Reinforcement for Towing, Rigid Mount (Recess Bumper Req'd) 12K $628.00 Continued On Next Page Submitted by, Mark Lundeen 612-719-4414 F.O.B.: Bloomington, MN (Unless otherwise specified) Equipment Specifications subject to change Quote valid for 30 days from date of quotation Chassis modifications including, but not limited to alterations or relocation of components related to fuel tanks, air tanks, brakes, exhaust systems, battery boxes, protrusions above and below the frame rails, shortening or lengthening frame rails and the like will be added to the selling price. "Mfg's Surcharges may be added to this quotation. Exhaust Systems: With the new EPA mandated diesel exhaust systems for 2007 and newer many changes are taking place. Manufacturers are often unable to depict accurately how the exhaust systems are configured and have difficulty stipulating whether certain components (I.e. PTOs and pumps) may fit in the confined spaces beneath the truck. 2007 EPA COMPLIANT DIESEL EXHAUST SYSTEMS CANNOT BE MODIFIED, RELOCATED OR REPLACED BY ASPEN EQUIPMENT, LLC. Due to evolving designs, Aspen Equipment, LLC. can not maintain expertise on every chassis/engine/transmission/exhaust configuration possible, regardless of who orders or specifies it. Nor can Aspen Equipment, LLC. guarantee that a chassis ordered today will not change in design prior to delivery from the factory. Therefore, Aspen Equipment, LLC. does not warrant that quoted products can be installed on a chassis without modifications to the chassis or products installed. As such, Aspen Equipment, LLC. will not be responsible for the cost of modifications due to exhaust systems conflicting with the installation of quoted products. Aspen Equipment, LLC. will make every reasonable effort to ensure that installations are completed without additional charges to the customer. 61 1 of 5 Cust Name: City Of Golden Valley Contact: Marshall Beugen Phone: 763-593-8085 Fax: Dealership: Contact: Quote Number: Quote Date: 9/7/2022 CITY OF GOLDEN VALLEY-25-REA-44811-10-51-vl Aspen Equipment, LLC. is pleased to offer the following quotation for your consideration ON Part/Spec Number Description Installed 1 2.418 Box Delete Remove pickup box for box delete service body application $149.00 1 2.444 10508225 (2) Light Resistors for LED Tail Lights on Box Delete $31.00 1 Box Delete Lighting Note: Enduser to return Unit to Dealership for Re -Flash of ECM to prevent bulb -out warning 1 Light Adapter Note: Appropriate lighting adapter for chassis 1 2.450 Reading Steel Surcharge 98" Service Body $373.00 1 5.42 G2-54-1342 TP27 Tommygate 27" Steel Platform, 1300 lb cap, G2 Series $2,567.00 1 5.151 Liftgate Install -Svc Body Installation of liftgate on service body. Mount, wire and test $1,358.00 1 3.137 UTW0810XL Western 8'6"-11' Wide Out XL plow, Ultramount 2 $9,093.00 Blade height 31"on Moldboard, 36" at ends Blade gauge is 14 GA steel Four (4) trip springs Eight (8) vertical ribs Pivot bar Power bar provides torsional strength Lift ram is 1-3/4" x 8" Angling rams are 1-1/2" x 10" Plow width at full angle: 7'11" Retracted Plow width at full angle: 10'6 Expanded Plow width at full angle: 9'6" Scoop Approximate weight of plow is 1,090lbs. 1/2" x 6" high carbon steel cutting edge 1/2" x 8" high carbon cutting edge on wings Disc Shoes are optional Poly blade guides 1 3.170 52280-1 Western Wide -Out Deflector Kit $488.00 1 3.171 81989 Western Wide -Out Deflector XL Kit $494.00 1 3.208 72530 NIGHTHAWKTm Halogen Headlight Kit, Complete (Included w/ plow) 1 3.209 72525 Adder for NIGHTHAWK LED Headlight Kit, Complete $515.00 Important Note: Truck rating and compatibilty MUST be verified prior to plow installation 1 7.5296 358-3-02 Transfer Tank, Rectangle, 100 Gallon - Steel, White Finish $1,113.00 1 6.11 1801060L Service body Class V 2.5"x2.5" rec. tube hitch, 20,000 lb cap $956.00 1 6.49 560700 7-way flat pin trailer socket $274.00 1 8.218 Strobe Installation PR Mount strobe pair, route wire to switch, tie-up and guard. $594.00 1 8.221 Wire Hot Wire Strobes Hot $149.00 1 8.222 Wire High / Low Wire Strobes w/ High or Low intensity option $513.00 2 8.241 3510A ECCO 1.1" x 3.3" Surface Mount Amber LED Strobe, Class 1 $206.00 2 8.263 3510E ECCO 1.1" x 3.3" Surface Mount Blue LED Strobe, Class 1 $218.00 Continued On Next Page Submitted by, Mark Lundeen 612-719-4414 F.O.B.: Bloomington, MN (Unless otherwise specified) Equipment Specifications subject to change Quote valid for 30 days from date of quotation Chassis modifications including, but not limited to alterations or relocation of components related to fuel tanks, air tanks, brakes, exhaust systems, battery boxes, protrusions above and below the frame rails, shortening or lengthening frame rails and the like will be added to the selling price. "Mfg's Surcharges may be added to this quotation. Exhaust Systems: With the new EPA mandated diesel exhaust systems for 2007 and newer many changes are taking place. Manufacturers are often unable to depict accurately how the exhaust systems are configured and have difficulty stipulating whether certain components (I.e. PTOs and pumps) may fit in the confined spaces beneath the truck. 2007 EPA COMPLIANT DIESEL EXHAUST SYSTEMS CANNOT BE MODIFIED, RELOCATED OR REPLACED BYAspen Equipment, LLC.. Due to evolving designs, Aspen Equipment, LLC. can not maintain expertise on every chassisiengineitransmissior✓exhaust configuration possible, regardless of who orders or specifies it. Nor can Aspen Equipment, LLC. guarantee that a chassis ordered today will not change in design prior to delivery from the factory. Therefore, Aspen Equipment, LLC. does not warrant that quoted products can be installed on a chassis without modifications to the chassis or products installed. As such, Aspen Equipment, LLC. will not be responsible for the cost of modifications due to exhaust systems conflicting with the installation of quoted products. Aspen Equipment, LLC. will make every reasonable effort to ensure that installations are completed without additional charges to the customer. 62 2 of 5 Cust Name: City Of Golden Valley Contact: Marshall Beugen Phone: 763-593-8085 Fax: Dealership: Contact: Quote Number: Quote Date: 9/7/2022 CITY OF GOLDEN VALLEY-25-REA-44811-10-51-v1 Aspen Equipment, LLC. is pleased to offer the following quotation for your consideration ON Part/Spec Number 1 8.329 Oval LED STT 1 8.330 Oval LED reverse 1 8.417 FR1210HA 1 8.438 BR-SVC 1 8.442 BR-91002REC 1 8.445 BR-91004 1 14.2 1 8.559 510125 1 8.557 510123 1 8.555 510108 1 8.6243 5587A 1 8.217 Strobe Installation EA 1 8.6098 3410A 1 8.220 Install Traffic Director Tax Note: Description 1 pair oval LED SST lights, pigtails and grommets 1 pair oval LED reverse lights, pigtails and grommets Tuthill 15 GPM Electric transfer pump, hose and automatic nozzle Back Rack Service Body Style Cab Protector Utility Light Bracket, Center Mount, 16"x7" Rectangle Safety Rack Arrow Stick Bracket, Pair Modify bumper to allow 3 piece install for liftgate clearance 5 drawer unit, 4-3", 1-5", CL2 98 SW, front vertical CS mount 5 drawer unit, 4-3", 1-5", SL U98 rear vertical CS mount 2 drawer unit, 2-3", CL2 98 SW horzontal curb side LED Minibar: Reflex, 15", zero optic dome, 12-24VDC, 18 flash patterns, amber Mount strobe, route wire to switch, tie-up and guard. Signal Bar Kit: LED Safety Director, 9 flash patterns, in -cab controller, 15' cable, LED, 12VDC, amber Install traffic director and lighting control box State of Minnesota Contract 216653, 214521, 208450 Applicable sales tax and/or FET estimates will be confirmed and added to the final invoice City of Golden Valley 12-13-22 and M. Harris, Mayor TimothyJ. Cruikshank, City Manager Submitted by, Mark Lundeen 612-719-4414 F.O.B.: Bloomington, MN (Unless otherwise specified) Equipment Specifications subject to change Quote valid for 30 days from date of quotation Installed $51.00 $44.00 $836.00 $566.00 $141.00 $141.00 $2,872.00 $1,399.00 $1,339.00 $1,138.00 $308.00 $399.00 $494.00 $718.00 Quote Sub Total: $42,711.00 Estimated Sales Tax: $0.00 Total: $42,711.00 Chassis modifications including, but not limited to alterations or relocation of components related to fuel tanks, air tanks, brakes, exhaust systems, battery boxes, protrusions above and below the frame rails, shortening or lengthening frame rails and the like will be added to the selling price. "Mfg's Surcharges may be added to this quotation. Exhaust Systems: With the new EPA mandated diesel exhaust systems for 2007 and newer many changes are taking place. Manufacturers are often unable to depict accurately how the exhaust systems are configured and have difficulty stipulating whether certain components (I.e. PTOs and pumps) may fit in the confined spaces beneath the truck. 2007 EPA COMPLIANT DIESEL EXHAUST SYSTEMS CANNOT BE MODIFIED, RELOCATED OR REPLACED BY ASPEN EQUIPMENT, LLC. Due to evolving designs, Aspen Equipment, LLC. can not maintain expertise on every chassis/engine/transmission/exhaust configuration possible, regardless of who orders or specifies it. Nor can Aspen Equipment, LLC. guarantee that a chassis ordered today will not change in design prior to delivery from the factory. Therefore, Aspen Equipment, LLC. does not warrant that quoted products can be installed on a chassis without modifications to the chassis or products installed. As such, Aspen Equipment, LLC. will not be responsible for the cost of modifications due to exhaust systems conflicting with the installation of quoted products. Aspen Equipment, LLC. will make every reasonable effort to ensure that installations are completed without additional charges to the customer. 63 3 of 5 JrAQ= EQPMENT a 3 ^s e PEOPLE SUCCEEV CORPORATE HEADQUARTERS: 9150 Pillsbury Avenue South, Bloomington, MN 55420-3686 - Phone: (952)888-2525 - Fax: (952)656-7159 - Website: www.aspenequipment.com ASPEN EQUIPMENT, LLC TERMS AND CONDITIONS OF SALE 1) Offer, Governing Provisions, Cancellation and Termination. This document is an offer or counter-offer by ASPEN EQUIPMENT, LLC ("Seller") to sell the goods and/or services that are identified in this document to the buyer identified in this document (Buyer") in accordance with these Terms and Conditions of Sale (`Terms and Conditions"), it is not an acceptance of any offer made by Buyer. All sales by Seller to Buyer are subject to, and are expressly conditioned upon assent to, these Terms and Conditions. Seller hereby objects to any additional or different terms or conditions, and notifies Buyer that Seller is unwilling to sell on any terms or conditions other than these Terms and Conditions. These Terms and Conditions and the additional terms and conditions contained in or attached to this document, as supplemented by agreed upon quantities and shipping dates (collectively, the "Agreement'), shall be the entire agreement between Seller and Buyer on the subject of the transactions described herein; and there are no conditions to this Agreement that are not expressed herein. This offer and the agreement shall be governed by and construed according to the laws of the State of Wisconsin (without reference to principles of conflicts of laws). Buyer irrevocably consents to the jurisdiction of the courts in the State of Wisconsin with venue in Milwaukee Comity and to the Wisconsin Eastern District Court in Milwaukee, WI. The rights and obligations of the parties hereunder shall not be governed by the 1980 U.N. convention on contracts for the international sale of goods. No accepted offer and no order may be cancelled or altered by Buyer except upon terms and conditions accepted by Seller in writing; and no changes to this document or the Agreement will be binding unless set forth in writing and manually signed by Seller in an Order Acknowledgment. This offer may be revoked by Seller at any time before it is accepted by Buyer, and shall automatically expire thirty (30) calendar days after its date if Buyer has not accepted it before then. In addition to any other remedies that Seller may have, Seller may terminate any Order with immediate effect upon written notice to Buyer, if Buyer: (i) has not otherwise performed or complied with any of these Terms and Conditions, in whole or in part; or (ii) becomes insolvent, files a petition for bankruptcy or commences or has commenced against it proceedings relating to bankruptcy, receivership, reorganization or assignment for the benefit of creditors. Seller may also terminate any Order without cause on ninety (90) days prior written notice to Buyer. Neither Buyer's acceptance of this offer nor any conduct by Seller (including but not limited to shipment of goods) shall oblige Seller to sell to Buyer any quantity of goods in excess of the quantity that Buyer has committed to purchase from Seller at the time of such acceptance or conduct. 2) Price. Unless otherwise specified on the face of this document or agreed to in writing, the price for goods or services sold hereunder shall be Seller's list price in effect as of the date of Buyer's order. Notwithstanding the foregoing, Seller may increase the price of the goods upon notice to Buyer to reflect any additional increases in Seller's cost of producing or procuring the goods. Prices are stated and payable in the currency set forth in the price list. 3) Credit Approval; Payment Terms. All payment terms set forth in this document are subject to Seller's approval of Buyer's credit, in Seller's discretion; and if such approval is withheld, payment shall be due in advance of Seller's performance. Except as otherwise agreed to in writing or otherwise provided on the face of this document or in the preceding sentence, payment is due upon Buyer's receipt of Seller's invoice following shipment. Interest will be charged at the lesser of (i) 18% per year, or (ii) the highest rate permitted by applicable law, on accounts more than 30 calendar days past due. If Buyer fails to make any payments in accordance with the terms of this Agreement, Seller may, in addition to its rights and remedies provided hereunder or at law or equity, five (5) days after providing written notice of nonpayment to Buyer, (a) defer or suspend further shipments or provision of goods until Buyer reestablishes satisfactory credit, (b) cancel the mishipped or unperformed portion of any order and invoice Buyer for incurred costs and reasonable profit without any liability on the part of Seller for failure to ship or provide goods, (c) terminate any order, (d) make shipment of goods to Buyer on a C.O.D. or cash in advance basis, or (e) refuse any new order until Buyer reestablishes satisfactory credit,. If production or shipment of completed goods, or other Seller performance, is delayed by Buyer, Seller may immediately invoice, and Buyer shall pay, the percentage of the purchase price corresponding to the percentage of completion; in addition, Buyer shall compensate Seller for storage of completed goods or work in process during any such delay, whether stored at Seller's facility or an independent storage company's facilities. 4) Taxes and Other Charges. Any cargo insurance, manufacturer's tax, occupation tax, use tax, sales tax, excise tax, value added tax, duty, custom, import, inspection or testing fee, or any other tax, fee, interest or charge of any nature whatsoever imposed by any governmental authority on or measured by the transaction between Seller and Buyer shall be paid by Buyer in addition to the prices quoted or invoiced. In the event Seller is required to pay any such taxes or other charges, Buyer shall reimburse Seller therefor on demand. 5) Security Interest. Buyer hereby grants to Seller and Seller hereby retains a purchase money security interest in all goods sold hereunder and all accessories and additions thereto, whether presently upon Buyer's premises or hereafter acquired, all spare parts and components therefor, and all proceeds of the sale or other disposition including, without limitation, cash, accounts, contract rights, instruments and chattel paper. Buyer hereby authorizes Seller and its agents to file any financing statements and other documents necessary to create, perfect and maintain the security interest granted hereunder. 6) Delivery, Claims and Force Majeure. Unless otherwise provided on the face of this document or agreed to in writing, goods shall be delivered, ex works Seller's loading dock (as defined in Iilcoteims 2010). Delivery of goods to the carrier shall constitute delivery to Buyer; and regardless of shipping terms or freight payment, Buyer shall bear all risk of loss or damage in transit. Seller reserves the right to make delivery in installments, unless otherwise expressly stipulated herein; all such installments to be invoiced upon shipment of the first installment and paid for when due per invoice, without regard to subsequent deliveries. Delay in delivery of any installment shall not relieve Buyer of its obligations to accept remaining deliveries. Claims for shortages or other errors in delivery most be made in writing to Seller within 10 calendar days after receipt of shipment; and failure to give such notice shall constitute unqualified acceptance and a waiver of all such claims by Buyer. Claims for loss of or damage to goods in transit most be made to tlne carrier, and not to Seller. All delivery dates are approximate. Seller shall not be liable for any losses or damages as a result of any delay or failure to deliver due to any cause beyond Seller's reasonable control, including but not limited to any act of God, epidemic, pandemic, quarantine, act of Buyer, embargo or other governmental act, regulation or request, fie, accident, strike, slowdown, war, act of terrorism, riot, delay in transportation, or inability to obtain necessary labor, materials or manufacturing facilities. In the event of any such delay, at Seller's option, Seller may: (i) extend the date of delivery for a period equal to the time lost because of the delay, or (ii) terminate the corresponding Order(s) by providing written notice to Buyer. All timeframes provided by Seller, whether verbally or in writing, are good faith estimates of the expected delivery date for the goods. Seller shall use commercially reasonable efforts to fill Buyer's orders within the time stated, but in no event shall Seller be liable for any damages associated with Seller's inability to meet any such timeframes or deadlines or for termination of any Order, including, without limitation, incidental or consequential damages arising therefrom. 7) Retention of title. Goods shall remain the property of Seller until the date of full payment by Buyer. Until that time Buyer shall hold the goods as Seller's fiduciary agent and shall keep the goods properly stored, protected and insured. If necessary, Buyer shall carry out all actions necessary to evidence Seller's retention of title, including, without limitation, completing filings with public registers, affixing labels or seals on the goods, as may be required by applicable law. Buyer shall have the right to process goods only in the ordinary course of business. Proceeds deriving from such actions shall be promptly transferred to Seller. The right of Buyer to process goods in the ordinary course of business shall cease immediately in the event of nonpayment and Seller shall have the right to enter Buyer's premises and repossess the goods. In the event of an action by a third party seeking to take possession of the goods delivered by Seller and not fully paid by Buyer, Buyer shall notify such party of Seller's ownership and title of such goods, and Buyer shall immediately notify Seller of such situation. Buyer shall bear the costs of any intervention by Seller. S) Work by Others; Safety Devices. Seller shall have no responsibility for labor or work performed by Buyer or others, including, without limitation, work relating to design, manufacture, fabrication, use, installation, or provision of goods. Buyer is solely responsible for furnishing, and requiring its employees and customers to use, all safety devices, guards and safe operating procedures required by law and as set forth in manuals and instruction sheets furnished by Seller. Buyer is responsible for consulting all operators' manuals, safety standards/regulations and other sources of safety standards and regulations applicable to the use and operation of the goods. 9) Warranties. The goods sold by Seller to Buyer are warranted by their original manufacturer. Seller will provide reasonable assistance to Buyer in processing warranty claims submitted, on behalf of Buyer, to the original manufactuter. This warranty is exclusive and in lieu of all other warranties, whether written, oral or implied, arising by operation of law or otherwise, including, but not limited to, any warranty of satisfactory quality or fitness for a particular purpose. 10) LIMITATION OF LIABILITY. Seller's liability with respect to the goods or services sold hereunder shall be limited to the warranty provided in Section 9 of these Terns and Conditions and, with respect to any other breaches of its contract with Buyer, shall be limited to the contract price. Seller shall not be subject to any other obligations or liabilities, whether arising out of breach of contract, warranty, tort (including negligence and strict liability) or under other theories of law or equity, with respect to goods or services sold by seller, including, without limitation, the sale of goods modified at the request of buyer, or any undertakings, acts or omissions relating thereto. Without limiting the generality of the foregoing, Seller specifically disclaims any liability for property damages, penalties, special or punitive damages, damages for lost profits or revenues, down -time, lost good will, cost of capital, cost of substitute goods or services, or for any other types of economic loss, or for claims of Buyer's customers or any third party for any such damages, costs or losses. 11) Installation. If Buyer purchases any goods that require installation or erection, Buyer shall, at its expense, make all arrangements necessary to install, erect and operate the goods. Buyer shall install the goods in accordance with any Seller instructions. Buyer shall indemnify and hold harmless Seller from and against any and all losses, liabilities, damages and expenses (including but not limited to attorneys' fees and other costs of defense) arising from or otherwise connected with Buyer's or its agent's failure to properly install the goods. 64 4of5 12) Assignment. Buyer may not assign any of its rights, duties or obligations wider this Agreement without Seller's prior written consent, and any attempted assignment without such consent will be void and of no effect or consequence. 13) No Waiver. No waiver of this Agreement or any of its provisions is valid miless expressly agreed to in a writing signed by Seller. No waiver by Seller of any default wider this Agreement is a waiver of any other or subsequent default. The failure of Seller to insist upon strict and timely performance of any term or condition of this Agreement shall not be deemed a waiver of any right or remedy that Seller may have wider this Agreement or at law or equity, and shall not be deemed a waiver of any subsequent default in performance of the terms and conditions of this Agreement. 14) Cost of Collection. In the event legal action is necessary to recover monies due from Buyer or to enforce any provision of this Agreement, Buyer shall be liable to Seller for all costs and expenses associated therewith, including, without limitation, Seller's actual attorneys' fees and costs. 15) Insurance. Unless otherwise specified on the face of this document or agreed to in writing, Buyer shall be solely responsible from the point of delivery of the goods by Seller for all consequences as a result of theft, loss or partial or total destruction, for any reason whatsoever, including accidental reasons or as a result of force majeure. Buyer shall unsure, at its expense, the goods against all aforementioned Buyer has made full payment of all amounts due Seller, and shall provide evidence of this insuance, upon request by Seller. Should Buyer fail to comply with these requirements, Seller may, at Seller's sole discretion, within eight days following written notice to Buyer, either cancel the sale and take back the goods, or procure such insurance at the expense of Buyer. 16) Second-hand or used Goods. If Buyer is buying the goods as second-hand goods, Buyer recognizes that he had an opportunity to inspect the goods and is buying them in full knowledge of their condition. The goods are being sold to Buyer as is, where is, and with all faults, if any. Seller specifically disclaims any and all warranties and representations of any nature whatsoever, express or implied, with respect to the goods, including, without limitation, any implied warranty of satisfactory condition, quality or fitness for a particular purpose, and any warranty arising by course of dealing or usage of trade. 17) Services. The following terms shall also apply to all services being provided by Seller: (a) Seller will repair or, at its option, replace any part which is or becomes faulty if, in the opinion of Seller, the fault is in workmanship (and not the result of ordinary wear and tear; negligence; acts of God; vandalism; abuse; misuse; neglect; accident or disasters such as fie, flood, wind and lightning; overloading; unauthorized altered, modified or changed products or parts; products or parts which have not been properly installed, stored, operated or maintained or which have been improperly adjusted; any products or parts not manufactured by Seller), provided that the fault is brought to the notice of Seller within twenty (20) days of the date of delivery of the goods to Buyer on completion of the services; (b) The goods, while in Seller's possession are at the risk of the Buyer and Seller shall not be liable for the loss of or damage to the goods or their contents howsoever arising wnless the same is caused by the negligence of Seller. In the event of such negligence, Seller's liability shall be limited to the replacement or at Seller's option, repair of the lost or damaged goods and wider no circumstances whatsoever shall Seller be liable for any other loss, damage or expense suffered by the Buyer as a result of the loss or damage to the goods. (c) If the goods are not paid for and collected from Seller's premises within twenty (20) of notice that they are ready for collection or if, where the goods are to be collected elsewhere, the Buyer fails to collect them at the agreed time and place, Seller reserves the right, in its sole discretion, to charge for storage or disposal of them. (d) If Seller is required to go to a location other than Seller's premises, Buyer shall be solely responsible to make sure such premises are safe and suitable for the services to be provided by Seller. Seller reserves the right, in its sole discretion to reject the premises if Seller determines they are not safe and/or suitable. Seller further reserves the right, in its sole discretion, to charge if it is waiting for the site to be prepared or if it leaves a site it determines not safe and/or suitable. 18) Compliance. Buyer will at all times and at its own expense: (i) strictly comply with all applicable laws, rules, regulations, ordinances and governmental orders, now or hereafter in effect, including, without limitation, U.S. or non-U.S. export control laws and regulations and sanction and embargo laws and regulations; (ii) pay all fees and other charges required by such laws, rules, regulations and orders; and (iii) maintain in full force and effect all licenses, permits, authorizations, registrations and qualifications from all applicable governmental departments and agencies to the extent necessary to perform its obligations hereunder. If requested by Seller, Buyer will sign written assurances and other export or import related documents, as may be required wider applicable export or import laws and regulations. Buyer will advise Seller in writing within three (3) calendar days of any actual or perceived non-compliance with applicable U.S. or non-U.S. export control laws and regulations and sanction and embargo laws and regulations. If Seller learns, or has reasonable cause to believe, or if any branch or agency of the government of the U.S. or another country claims that a violation of any applicable export regulation or other trade sanction, export control or trade regulation by Buyer has occurred or is likely to occur because of any shipment to or from Buyer, Seller will promptly notify Buyer and may, in addition to any other remedy Seller may have, terminate or suspend all orders or shipments to Buyer wntil Seller is satisfied that such violation did not occur or has ceased to occur, or such claim is withdrawn or otherwise resolved to the satisfaction of Seller. Notwithstanding anything to the contrary in this Terms and Conditions, in no event shall Seller be in breach of this Terms and Conditions, or shall Buyer have any claim against Seller, for Seller's exercise of any of its rights wider this Terms and Conditions. 19) Government Contracts. Application of government contract regulations and clauses to the goods and services or the agreement evidenced by these Terms and Conditions are subject to the separate review and consent by an authorized representative at Seller's headquarters. 65 5 of 5 pity °f l[ JTIVE SUMMARY golden Val City Attorney 763-512-2345 / 763-512-2344 (fax) Golden Valley City Council Meeting December 20, 2022 Agenda Item 3D.3. Approve Amendment to Prosecution Services Agreement with Chestnut Cambronne Prepared By Maria Cisneros, City Attorney Summary The City currently contracts with the law firm of Chestnut Cambronne for criminal prosecution services. In February 2022, the City Council directed staff to publish a request for proposals for prosecution services at the conclusion of the current contract cycle. Due to staffing changes in the Police Department, staff recommends extending the current prosecution contract for an additional six months, publishing an RFP in January 2023, selecting a contractor based on RFP results in March, and beginning a new multi -year contract in July. Financial or Budget Considerations The proposed agreement is within the 2023 prosecution budget and the proposed hourly rate is the same as the 2022 rate. Legal Considerations The City Attorney has reviewed and approved the amendment. Equity Considerations The City has not conducted an RFP for prosecution services for several decades. Futhermore, over the last year, the City Council has asked staff to consider new and different approaches to prosecution in Golden Valley. Conducting an RFP process will allow staff to ensure the City is paying a fair price for these services and will provide an opportunity to evaluate the different approaches to prosecution available on the market. While state law does not require competitive bidding for professional services, over the last several years the City has begun requiring all departments to run professional service agreements through the contract review and competitive bidding processes. Requiring a competitive process is a best practice, aligns with the City's Equity Plan and Rising Tides Task Force recommendations, and will help eliminate biases and potential procurement barriers going forward. Prosecution services are part of the Legal Department, therefore, the City Attorney will lead this effort and include input and advice from the City Manager, the PEACE Commission, the Police Department, and other experts in the legal community. Recommended Action M. Motion to approve amendment to Prosecution Services Agreement with Chestnut Cambronne. Supporting Documents • Prosecution Services Agreement with Chestnut Cambronne 67 LEGAL SERVICES AGREEMENT THIS AGREEMENT, made and entered into this 20th day of December, 2022, by and between the City of Golden Valley, a Minnesota municipal corporation, hereinafter referred to as "Golden Valley" and Chestnut Cambronne, PA, hereinafter referred to as "Prosecuting Attorney'. WHEREAS, the parties hereto desire to enter into an Agreement regarding prosecution services; NOW THEREFORE, in consideration of the mutual promises of the parties, Golden Valley and Prosecuting Attorney hereby agree: 1. Golden Valley hereby retains said Prosecuting Attorney to perform all of the criminal prosecution work and property forfeitures related thereto, for Golden Valley, and said Prosecuting Attorney agrees to do so under all terms and conditions set forth herein. 2. For said services, Golden Valley agrees to pay Prosecuting Attorney at the rate of One Hundred Twenty -Five and No/100 Dollars ($125.00) per hour plus costs, such payment to be on a monthly basis as billed. Notwithstanding, attorney fees charged to Golden Valley between January 1 and June 30 2023 shall not exceed Eighty Nine Thousand Five Hundred and No/100 Dollars ($89,500.00), plus costs, during the term of this agreement. 3. During the term of the agreement, in the event there are changes in law or court procedures that require the expenditure of significant time and/or services not currently contemplated by the parties, Golden Valley and Prosecuting Attorney agree to negotiate additional or other terms acceptable to the parties. 4. The term of this contract shall be for six (6) months commencing January 1, 2023, and terminating June 30, 2023. IN WITNESS WHEREOF, the parties have, on the date first above -written, executed this Agreement in duplicate, each of which shall be considered an original. THE CITY OF GOLDEN VALLEY CHESTNUT CAMBRONNE, PA Shepard M. Harris, Mayor Timothy J. Cruikshank, City Manager Nicole Appelbaum city of l[ T1VF J )""ARY golden x City Administration valle 763-512-2345 / 763-512-2344 (fax) Golden Valley City Council Meeting December 20, 2022 Agenda Item 3D.4. Approve Settlement Agreement in Howard v. City of Golden Valley Prepared By Maria Cisneros, City Attorney Summary On or about June 23, 2022, an employee of the Three One Six at Brookview filed an employment - related charge of discrimination against the City with the Minnesota Department of Human Rights (MDHR). On October 26, 2022, the City participated in voluntary mediation through MDHR. The Council met in closed session on November 9, 2022 to discuss the outcome of the mediation and directed staff to continue to pursue settlement of the matter. In order to avoid the expense and uncertainty of litigation, staff recommends the Council approve the attached settlement agreement to resolve and settle all disputes between the employee and the City. The City initially hired Green Espel to conduct an employment investigation into this matter. Upon approval of this settlement, the City will close the investigation with Green Espel investigation. Financial or Budget Considerations The proposed settlement amount is $60,000, which will be split between the City ($40,000) and the League of Minnesota Cities Insurance Trust ($20,000). The City's portion of the settlement will be paid from the Brookview Golf Enterprise Fund. Legal Considerations The City was represented in this matter by Hannah Felix of the League of Minnesota Cities Insurance Trust. Both Ms. Felix and City Attorney Cisneros reviewed the Settlement Agreement. Equity Considerations The City chose to engage in mediation as a means to resolve the matter respectfully to the mutual satisfaction of both parties. As a follow up action, the Human Resources Department has engaged a third party service provider to facilitate training and relationship repair for Three One Six staff. Recommended Action Motion to approve Settlement Agreement in Howard v. City of Golden Valley Supporting Documents • Howard v. Golden Valley Settlement Agreement 70 71 In the Matter o£ DORSEY HOWARD, Charging Party, vs. CITY OF GOLDEN VALLEY/ THREE ONE SIX BAR & GRILL, Respondent. MDHR File No. 73785 EEOC File No. 26E-2022-00170 SETTLEMENT AGREEMENT AND RELEASE OF CLAIMS This Settlement Agreement and Release of Claims ("Agreement") is made by and between Dorsey Howard ("Employee") and the City of Golden Valley/Three One Six Bar & Grill ("City"). WHEREAS, on or about June 23, 2022, Dorsey Howard filed an employment - related charge of discrimination against the City with the Minnesota Department of Human Rights; WHEREAS, the City has denied any liability or wrongdoing whatsoever relating to the allegations in Dorsey Howard's charge of discrimination; WHEREAS, in order to avoid the expense and uncertainty of litigation, the parties desire to mutually resolve and settle all disputes among them, known and unknown, in accordance with the terms and conditions hereinafter set forth; and WHEREAS, the City and Employee mutually desire to set forth the terms and conditions under which Employee will separate his employment. 72 NOW THEREFORE, in consideration of the recitals and promises made herein, the parties agree as follows: Non -Admission. It is expressly understood and agreed that this Agreement shall not constitute and shall not be construed as an adjudication or finding on the merits of any claim or potential claim by Employee. Nor does this Agreement constitute or construe an admission of wrongful conduct or liability on the part of the City or its current or former officials, employees, volunteers, agents, representatives, or affiliates. 2. Payment. In settlement and consideration for the release of any and all claims, grievances, or complaints, asserted or unasserted, the City agrees to pay Employee the total sum of Sixty Thousand Dollars ($60,000.00) ("Settlement Payment") The Settlement Payment will be issued as follows: a. 1 check in the amount of $24,000.00 payable to Leland Conners PLC as attorney fees and costs; b. 1 check in the amount $36,000.00 payable to Dorsey Howard. The Settlement Payment shall be made 10 days after full execution of the Agreement. The City shall issue IRS Forms 1099 with respect the to the Settlement Payments. The City will not make any tax deductions or withholdings from the settlement payments. 3. Tax Treatment. The City makes no representations or warranties about any particular tax treatment of the payments. Employee enters into this Agreement only after consulting with his own attorney(s) and/or tax advisor(s) as to the characterization and treatment of such payment. In the event a taxing authority asserts a claim for federal or 73 state income taxes, Social Security taxes, unemployment taxes and/or Medicare taxes, Employee stipulates and agrees that neither the City nor the League of Minnesota Cities Insurance Trust ("LMCIT") is responsible to said taxing authority for payment of that obligation, and Employee agrees to pay for any such obligation. 4. PERA Treatment. It is specifically understood and agreed that any issues or effects of this agreement regarding benefits from the Public Employees Retirement Association ("PERA") are between Employee and PERA. The City shall have no responsibility or liability for such issues and Employee hereby releases, indemnifies, and holds the City harmless as to any disputes, claims, or any other matters arising under PERA or any other retirement benefits or payments. 5. Non -Monetary Terms. a. Resignation of Employment. The City and Employee hereby acknowledge and confirms that his resignation with the City will be effective December 21, 2022. b. Return of City Property. Employee agrees to return to City any and all City property in Employee's possession or control including, but not limited to, all building keys. In the event the City learns the Employee has failed to return any City property, the City shall have the right to take appropriate action in law or equity to recover said property and to offset against payment owing to Employee hereunder the replacement value of any and all unreturned property. 74 6. Release of Claims. In exchange for the above referenced payments in Paragraph 2, Employee for himself, his heirs, administrators, representatives, successors, and assigns, hereby releases and forever discharges the City, LMCIT, and their current and former officers, agents, employees, successors, and assigns from any and all demands, debts, obligations or claims that were or could have been raised by Employee and that arise from or relate in any way to Employee's civil action/discrimination charge and claims and Employee's employment with the City, including, but not limited to, claims under the Age Discrimination in Employment Act (ADEA); Title VII of the Civil Rights Act of 1964, as amended; the Equal Pay Act; the Americans with Disabilities Act (ADA), the Family Medical Leave Act (FMLA); the Genetic Information Nondiscrimination Act (GINA); 42 U.S.C. § 1981, § 1981a, § 1983, § 1985, § 1988; the Minnesota Human Rights Act (MHRA); Minnesota's whistleblower statute, Minn. Stat. § 181.932; Minnesota's Veterans Preference Act (VPA); the Peace Officer Discipline Procedures Act (PODPA); Minnesota's open meeting law, Minn. Stat. § 13D.01 et. al; the Minnesota Government Data Practices Act (MGDPA), Minn. Stat. 13.01 et. al; Minnesota's independent review statute, Minn. Stat. § 179A.25; defamation; and any other claims under common law and any other applicable federal, state or local statute or ordinance, existing at any time up to and including the date of this Agreement. 7. EEOC/MDHR. Employee has filed a Charge with the MDHR, Charge Number 73785. Employee has also filed a Charge with the EEOC, Charge Number 26E- 2022-00170. Employee agrees to withdraw the Charges at the MDHR and EEOC. Even if the Charges proceed before the MDHR, EEOC or any other agency, Employee also :l 75 understands and agrees that Employee waives any right to recover any damages or other relief in any claim or suit brought by or through the MDHR, EEOC or other agency on Employee's behalf. 8. Consideration Period. Employee understands and acknowledges that he may take up to 21 days from the date of receipt of this Agreement to consider it and seek counsel to advise regarding the terms. Employee also represents that if he signs this Agreement before the expiration of the 21-day period, it is because he has decided that he does not need any additional time to consider whether he wishes to release any potential claims. 9. Voluntary and Knowing Action. Each person signing this Agreement specifically acknowledges that they have read the terms of the Agreement in full, have had the opportunity to consult with an attorney, understand the terms of this Agreement, and agree to be bound thereby in full. Those signing below in the representative capacity fully affirm or verify that he/she/they are authorized to execute this Agreement on behalf of their respective principals and that it is their principals' intent to be bound thereby in full. 10. Entire Agreement. This Agreement constitutes the entire Agreement of the parties. This Agreement supersedes any and all prior agreements. No modification shall be binding on any of the parties unless it has been agreed to by the parties in writing, signed by them, and identified as an amendment to this Agreement. There are no inducements or representations leading to the execution of this Agreement except as herein explicitly contained. W 11. Governing Law. Interpretation and construction of this Agreement shall be governed by the laws of the State of Minnesota. 12. Severability. If for any reason a court of competent jurisdiction finds any provision of the Agreement to be unenforceable, the unenforceable provision shall be amended to the extent necessary to comfort to applicable law. If it cannot be so amended without materially altering the intention of the parties, it shall be severed here from. In either event, the remainder of the Agreement shall continue in full force and effect. 13. Counterparts. This Agreement may be executed in multiple counterparts, which shall be construed together as if one instrument. In addition, any party shall be entitled to rely on any electronic or facsimile copy of a signature as if it were the original. 14. Government Data. All signatories to this Agreement acknowledge that the release of information concerning this matter is governed by the Minnesota Government Data Practices Act, Minn. Stat. § 13.43, subds. 2(a)(6) and 10. IN WITNESS WHEREOF, the City of Golden Valley and Dorsey Howard have approved and executed this Settlement Agreement and Release of Claims. Date: 12022 Dorsey Howard C7 M CITY OF GOLDEN VALLEY Date: December 20, 2022 By an Shepard M. Harris, Mayor Timothy J. Cruikshank, City Manager pity °f l[JTIVE SUMMARY golden 'W Val Physical Development 763-512-2345 / 763-512-2344 (fax) Golden Valley City Council Meeting December 20, 2022 Agenda Item 3D.5. Authorize Agreement for Bassett Creek Streambank Stabilization Project #22-20 with Blackstone Contractors LLC. Prepared By Drew Chirpich, Water and Natural Resource Specialist Eric Eckman, Environmental Resources Supervisor Summary The City of Golden Valley issued a request for quotes (RFQ) to perform construction for the stabilization and restoration of a portion of Bassett Creek approximately 500 feet long within the City owned and operated Brookview Golf Course. The RFQ specifies a streambank stabilization technique with a natural appearance, including correctly sizing and specifying rock material, slope grading, erosion and sediment control, and vegetation restoration. The contract will include grading and stabilization of the streambank, along with restoration of disturbed areas using native vegetation. Staff solicited quotes from 22 firms including local Disadvantaged Business Enterprises (DBEs) listed on the MnLJCP website in the fall of 2022. Four quotes were received. Staff reviewed the quotes and found them to be accurate and in order. Based on the criteria set forth in the RFQ, staff recommends selecting Blackstone Contractors LLC, construction services in the amount of $149,620.29. Blackstone Contractors is a woman owned small business enterprise certified with the MnLJCP and CERT programs. Project schedule is outlined below: • April 22, 2022 - City issues request for proposal for professional services (design) • June, 2022 - Consultants notified of selection • June 7, 2022 - Professional Services Agreement approved by the City Council • November 15, 2022 - City issues RFQ for construction • December 13, 2022 - City reviews quotes for construction • December 20, 2022 - Construction contract considered by the City Council • Winter 2022-2023 - Construction • Spring 2023 - Restoration and vegetation establishment A professional services agreement with ISG in the amount of $34,910 was approved by City Council on June 7, 2022. The Bassett Creek Watershed Management Commission approved the plans for this project on October 20, 2022. 79 Financial or Budget Considerations The City of Golden Valley 2022-2031 Storm Water Capital Improvement Program SS-74 includes $150,000 and SS-75 includes $50,000 for water quality improvements in Brookview Golf Course in 2022. Legal Considerations This agreement is in a form approved by the City Attorney. Equity Considerations This item followed the City's Equity Plan by using the Minnesota Unified Certification Program DBE database when soliciting quotes for the project. Recommended Action Motion to authorize the Mayor and City Manager to execute an agreement with Blackstone Contractors LLC, in the form approved by the City Attorney for the for Bassett Creek Streambank Stabilization Project #22-20 in the amount of $149,620.29. Supporting Documents • Agreement Brookview Bassett Creek Streambank with Blackstone LLC CONTRACT FOR LOCAL IMPROVEMENT BROOKVIEW BASSETT CREEK STREAMBANK STABILIZATION PHASE 2 PROJECT #22-20 THIS AGREEMENT is made this 201h day of December 2022 (the "Effective Date") by and between Blackstone Contractors, LLC, a Minnesota Limited Liability Corporation located at 9520 County Road 19, Suite D, Loretto, Minnesota 55357 ("Contractor"), and the City of Golden Valley, Minnesota, a Minnesota municipal corporation located at 7800 Golden Valley Road, Golden Valley, MN 55427 (the "City"): RECITALS A. Contractor is engaged in the business of Streambank Stabilization. B. The City desires to hire Contractor to stabilize a region of Bassett Creek within Brookview Golf course. C. Contractor represents that it has the professional expertise and capabilities to provide the City with the requested work. D. The City desires to engage Contractor to provide the work described in this Agreement and Contractor is willing to provide such work on the terms and conditions in this Agreement. NOW, THEREFORE, in consideration of the terms and conditions expressed herein, the City and Contractor agree as follows: AGREEMENT 1. The Work. Contractor shall perform the work more fully described in the attached Exhibit A (the "Work"). The Work includes all work and services required by this Agreement, whether completed or partially completed, and includes all labor, materials, equipment, and services provided or to be provided by Contractor to fulfill Contractor's obligations. All Work shall be completed according to the specifications set forth in the attached Exhibit B. Contractor shall at all times keep the premises free from accumulation of waste materials and debris caused by Contractor's operations. 2. Time for Completion. Contractor shall commence Work not later than January 3, 2023. The Contractor shall proceed diligently and shall complete the Work to the satisfaction and approval of the City's engineer on or before January 31, 2023 (the "Contract Time"). Contractor shall notify the City in writing of any cause of delay of the Work within 24 hours after such cause of delay arises. If Contractor fails to complete the Work by the Contract Time, the City may immediately, or at any time, thereafter, proceed to complete the Work at the Contractor's expense. If Contractor gives written notice of a delay over which Contractor has no control, the City may, at its discretion, extend the Contract Time. 3. Consideration. The consideration, which the City shall pay to Contractor, shall not exceed $149,620.29. The consideration shall be for both the Work performed by Contractor and the expenses incurred by Contractor in performing the Work. The City shall make progress payments to Contractor as follows: 1 81 Contractor shall submit statements to the City containing a detailed list of project labor and hours, rates, titles, and amounts undertaken by Contractor during the relevant billing period. The City shall pay Contractor within thirty (30) days after receiving a statement from Contractor. 4. Extra Work. Unless approved by the City in writing, Contractor shall make no claim for extra work done or materials furnished, nor shall Contractor do any work or furnish any materials not covered by the plans and specifications of this Agreement. Any such work or materials furnished by Contractor without written City approval shall be at Contractor's own risk and expense. Contractor shall perform any altered plans ordered by the City; if such alteration reduces the cost of doing such work, the actual amount of such reduction shall be deducted from the contract price for the Work. 5. Contract Documents. The Contract Documents shall consist of this Agreement; all exhibits to this Agreement, which are incorporated herein by reference; any supplementary drawings, plans, and specifications; and other documents listed herein. In the event of a conflict among the various provisions of the Contract Documents, the terms shall be interpreted in the following order of priority: a. Modifications to this Agreement b. This Agreement, including all exhibits c. Supplementary drawings, plans, specifications d. Other documents listed in this Agreement Drawings shall control over Specifications, and detail in drawings shall control over large-scale drawings. All capitalized terms used and not otherwise defined in this Agreement, but defined elsewhere in the Contract Documents, shall have the meaning set forth in the Contract Documents. 6. Expense Reimbursement. Contractor shall not be compensated separately for necessary incidental expenses. All expenses of Contractor shall be built into Contractor's fixed compensation rate, unless reimbursement is provided for an expense that received the prior written approval of the City, which approval may be provided via electronic mail. 7. Approvals. Contractor shall secure the City's written approval before making any expenditures, purchases, or commitments on the City's behalf beyond those listed in the Work. The City's approval may be provided via electronic mail. 8. Protection of Persons and Property. Contractor shall be responsible for initiating, maintaining, and supervising all safety precautions and programs in connection with the performance of the Work. Contractor shall take reasonable precautions for the safety of, and shall provide reasonable protection to prevent damage, injury, or loss to: a. Persons performing the Work and other persons who may be affected by the Work; b. The Work and materials and equipment to be incorporated therein; and c. Other property at the site or adjacent to the site, such as trees, shrubs, lawns, walks, pavement, roadways, structures, and utilities. PJ 82 Contractor shall promptly remedy damage and loss to property caused in whole or in part by Contractor or any of its subcontractors, agents, or anyone directly or indirectly employed by any of them. 9. Acceptance of the Work. All of the Contractor's work and labor shall be subject to the inspection and approval of the City. If any materials or labor are rejected by the City as defective or unsuitable, then the materials shall be removed and replaced with other approved materials and the labor shall be done to the satisfaction and approval of the City at the Contractor's sole cost and expense. Contractor shall replace at Contractor's expense any loss or damage to the Work, however caused, which occurs during the construction thereof or prior to the final delivery to and acceptance of the Work by the City. Any payment made to Contractor, shall not be construed as operating to relieve Contractor from responsibility for the construction and delivery of Work. Acceptance of the completed Work shall be evidenced only by a Certificate of Final Completion issued by the City, which shall state the date on which the City accepts the completed Work (the "Final Completion Date"). 10. Warranty. Contractor represents and warrants that it has the requisite training, skills, and experience necessary to complete the Work, is appropriately licensed by all applicable agencies and governmental entities and will complete the Work in a manner consistent with the level of care and skill ordinarily exercised by professionals currently providing similar work. Contractor further represents and warrants to the City that the materials and equipment furnished under this Agreement are of good quality and new, unless this Agreement requires or permits otherwise. Contractor further warrants that the Work will conform to the requirements of this Agreement and will be free from defects. Work, materials, or equipment not conforming to these requirements may be considered defective. Contractor shall promptly correct any defective Work. Costs of correcting such defective Work, including additional testing and inspections, the cost of uncovering and replacement, and compensation for any additional services and expenses made necessary thereby, shall be at Contractor's expense. Contractor's warranty shall exclude remedy for damage or defect caused by abuse, alterations to the Work not executed by Contractor or its subcontractors, agents, or anyone hired or employed by any of them, improper or insufficient maintenance, improper operation or normal wear and tear under normal usage. 11. Guarantee. Contractor guarantees and agrees to maintain the stability of the Work and materials furnished and installed under this contract for a period of one year after the Final Completion Date (the "Guarantee Period"). Contractor agrees to perform fully all other guarantees as set forth in the specifications. If any of the Work is found to be not in accordance with the requirements of the Contract during the Guarantee Period, Contractor shall correct it promptly after receipt of notice from the City to do so. The City shall give such notice promptly after discovery of the condition. If Contractor fails to correct nonconforming Work within a reasonable time after receipt of notice from the City, the City may correct the Work at Contractor's expense. The Guarantee Period shall be extended with respect to portions of Work first performed after the Final Completion Date by the period of time between final payment and the actual completion of that portion of the Work. The one-year period for correction of Work shall not be extended by corrective Work performed by Contractor pursuant to this Section. Nothing contained in this Section shall be construed to establish a period of limitation with respect to other obligations Contractor has under the Contract Documents. Establishment of the one-year period for correction of Work as described in this Section relates only to the specific obligation of Contractor to correct the Work, and has no relationship to the time within which the obligation to comply with the Contract Documents may be sought to be enforced, nor to the time within which proceedings may be 3 83 commenced to establish Contractor's liability with respect to Contractor's obligations other than specifically to correct the Work. 12. Termination. This Agreement shall remain in force and effect commencing from the effective date and continuing until the completion of all of the parties' obligations hereunder, unless terminated by the City or amended pursuant to the Agreement. Notwithstanding any other provision hereof to the contrary, this Agreement may be terminated as follows: a. The parties, by mutual written agreement, may terminate this Agreement at any time; b. Contractor may terminate this Agreement in the event of a breach of the Agreement by the City upon providing thirty (30) days' written notice to the City; c. The City may terminate this Agreement at any time at its option, for any reason or no reason at all; or d. The City may terminate this Agreement immediately upon Contractor's failure to have in force any insurance required by this Agreement. In the event of a termination, the City shall pay Contractor for Work performed to the date of termination and for all costs or other expenses incurred prior to the date of termination. 13. Amendments. No amendments may be made to this Agreement except in a writing signed by both parties. 14. Remedies. In the event of a termination of this Agreement by the City because of a breach by Contractor, the City may complete the Work either by itself or by contract with other persons or entities, or any combination thereof. These remedies provided to the City for breach of this Agreement by Contractor shall not be exclusive. The City shall be entitled to exercise any one or more other legal or equitable remedies available because of Contractor's breach. 15. Records/Inspection. Pursuant to Minnesota Statutes § 16C.05, subd. 5, Contractor agrees that the books, records, documents, and accounting procedures and practices of Contractor, that are relevant to the contract or transaction, are subject to examination by the City and the state auditor or legislative auditor for a minimum of six years. Contractor shall maintain such records for a minimum of six years after final payment. The parties agree that this obligation will survive the completion or termination of this Agreement. 10. Indemnification. To the fullest extent permitted by law, Contractor, and Contractor's successors or assigns, agree to protect, defend, indemnify, save, and hold harmless the City, its officers, officials, agents, volunteers, and employees from any and all claims; lawsuits; causes of actions of any kind, nature, or character; damages; losses; and costs, disbursements, and expenses of defending the same, including but not limited to attorneys' fees, professional services, and other technical, administrative or professional assistance resulting from or arising out of Contractor's (or its subcontractors, agents, volunteers, members, invitees, representatives, or employees) performance of the duties required by or arising from this Agreement, or caused in whole or in part by any negligent act or omission or willful misconduct by Contractor, or arising out of Contractor's failure to obtain or maintain the insurance required by this Agreement. Nothing in this Agreement shall constitute a waiver or limitation of any immunity or limitation on liability to which the City is entitled. The parties agree that these indemnification obligations shall survive the completion or termination of this Agreement. 0 84 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. Worker's Compensation Insurance as required by Minnesota Statutes, section 176.181; b. Business Auto Liability covering vehicles owned by Contractor and non -owned vehicles used by Contractor, with policy limits not less than $1,000,000.00 per accident, for bodily injury, death of any person, and property damage arising out of the ownership, maintenance, and use of such motor vehicles, along with any statutorily required automobile coverage; c. Commercial General Liability in an amount of not less than $1,000,000.00 per occurrence, $2,000,000 general aggregate, and $2,000,000 for products -completed operations hazard, providing coverage for claims including: i. Damages because of bodily injury, sickness or disease, including occupational sickness or disease, and death of any person; ii. Personal and advertising injury; iii. Damages because of physical damage to or destruction of property, including loss of use of such property; iv. Bodily injury or property damage arising out of completed operations; and v. Contractor's indemnity obligations under this Agreement. To meet the Commercial General Liability and Business Auto Liability requirements, Contractor may use a combination of Excess and Umbrella coverage. Prior to commencement of the Work, Contractor shall provide the City with a current certificate of insurance including the following language: "The City of Golden Valley is named as an additional insured with respect to the commercial general liability, business automobile liability and umbrella or excess liability, as required by the contract. The umbrella or excess liability policy follows form on all underlying coverages." Such certificate of liability insurance shall list the City as an additional insured and contain a statement that such policies of insurance shall not be canceled or amended unless 30 days' written notice is provided to the City, or 10 days' written notice in the case of non-payment. 12. Compliance with State Withholding Tax. Before final payment is made for the Work on this project, Contractor must make a satisfactory showing that it has complied with the provisions of Minnesota Statutes, section 290.92 requiring the withholding of State Income Tax for wages paid employees on this project by providing to the City Engineer a Certificate of Compliance from the Commissioner of Taxation. Contractor is advised that before such Certificate can be issued, Contractor must first place on file with the Commissioner of Taxation an affidavit, in the form of an IC-134, that Contractor has complied with the provisions of Minnesota Statutes Section 290.92. 13. Performance and Payment Bond. Prior to Commencement of the Work, Contractor shall make, execute, and deliver to the City corporate surety bonds in a form acceptable to the City, in the sum of $149,620.29 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. 9 85 14. Assignment. Neither the City nor Contractor shall assign this Agreement or any rights under or interest in this Agreement, in whole or in part, without the other party's prior written consent. Any assignment in violation of this provision is null and void. Neither the City nor Contractor shall assign, or transfer any rights under or interest (including, but without limitation, moneys that may become due or moneys that are due) in the Agreement without the written consent of the other except to the extent that the effect of this limitation may be restricted by law. Unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under this Agreement. Nothing contained in this paragraph shall prevent Contractor from employing such independent consultants, associates, and subcontractors, as it may deem appropriate to assist it in the performance of the Work required by this Agreement. Any instrument in violation of this provision is null and void. 15. Independent Contractor. Contractor is an independent contractor. Contractor's duties shall be performed with the understanding that Contractor has special expertise as to the Work which Contractor is to perform and is customarily engaged in the independent performance of the same or similar work for others. Contractor shall provide or contract for all required equipment and personnel. Contractor shall control the manner in which the Work is performed; however, the nature of the Work and the results to be achieved shall be specified by the City. The parties agree that this is not a joint venture and the parties are not co-partners. Contractor is not an employee or agent of the City and has no authority to make any binding commitments or obligations on behalf of the City except to the extent expressly provided in this Agreement. All Work provided by Contractor pursuant to this Agreement shall be provided by Contractor as an independent contractor and not as an employee of the Cityfor any purpose, including but not limited to: income tax withholding, workers' compensation, unemployment compensation, FICA taxes, liability for torts and eligibility for employee benefits. 16. Compliance with Laws. Contractor shall exercise due professional care to comply with applicable federal, state and local laws, rules, ordinances and regulations in effect as of the Effective Date. Contractor's guests, invitees, members, officers, officials, agents, employees, volunteers, representatives, and subcontractors shall abide by the City's policies prohibiting sexual harassment and tobacco, drug, and alcohol use as defined on the City's Tobacco, Drug, and Alcohol Policy, as well as all other reasonable work rules, safety rules, or policies, and procedures regulating the conduct of persons on City property, at all times while performing duties pursuant to this Agreement. Contractor agrees and understands that a violation of any of these policies, procedures, or rules constitutes a breach of the Agreement and sufficient grounds for immediate termination of the Agreement by the City. 17. Entire Agreement. The Contract Documents shall constitute the entire agreement between the City and Contractor and supersede any other written or oral agreements between the City and Contractor. 18. Third Party Rights. The parties to this Agreement do not intend to confer any rights under this Agreement on any third party. 19. Choice of Law and Venue. This Agreement shall be governed by and construed in accordance with the laws of the state of Minnesota. Any disputes, controversies, or claims arising out of this Agreement shall be heard in the state or federal courts of Hennepin County, Minnesota, and all parties to this Agreement waive any objection to the jurisdiction of these courts, whether based on convenience or otherwise. L E.E. 20. Work Products and Ownership of Documents. All records, information, materials and other work products, including, but not limited to the completed reports, drawings, plans, and specifications prepared and developed in connection with the provision of the Work pursuant to this Agreement shall become the property of the City, but reproductions of such records, information, materials and other work products in whole or in part may be retained by Contractor. Regardless of when such information was provided, Contractor agrees that it will not disclose for any purpose any information Contractor has obtained arising out of or related to this Agreement, except as authorized by the City or as required by law. These obligations survive the termination of this Agreement. 21. Conflict of Interest. Contractor shall use reasonable care to avoid conflicts of interest and appearances of impropriety in representation of the City. In the event of a conflict of interest, Contractor shall advise the City and, either secure a waiver of the conflict, or advise the City that it will be unable to provide the requested Work. 22. Agreement Not Exclusive. The City retains the right to hire other professionals, contractors and service providers for this or other matters, in the City's sole discretion. 23. Data Practices Act Compliance. Any and all data provided to Contractor, received from Contractor, created, collected, received, stored, used, maintained, or disseminated by Contractor pursuant to this Agreement shall be administered in accordance with, and is subject to the requirements of the Minnesota Government Data Practices Act, Minnesota Statutes, Chapter 13. Contractor agrees to notify the City within three business days if it receives a data request from a third party. This paragraph does not create a duty on the part of Contractor to provide access to public data to the public if the public data are available from the City, except as required by the terms of this Agreement. These obligations shall survive the termination or completion of this Agreement. 24. No Discrimination. Contractor agrees not to discriminate in providing the Work under this Agreement on the basis of race, color, sex, creed, national origin, disability, age, sexual orientation, status with regard to public assistance, or religion. Violation of any part of this provision may lead to immediate termination of this Agreement. Contractor agrees to comply with Americans with Disabilities Act as amended ("ADA"), section 504 of the Rehabilitation Act of 1973, and the Minnesota Human Rights Act, Minnesota Statutes, Chapter 363A. Contractor agrees to hold harmless and indemnify the City from costs, including but not limited to damages, attorneys' fees and staff time, in any action or proceeding brought alleging a violation of these laws by Contractor or its guests, invitees, members, officers, officials, agents, employees, volunteers, representatives and subcontractors. Upon request, Contractor shall provide accommodation to allow individuals with disabilities to participate in all Work under this Agreement. Contractor agrees to utilize its own auxiliary aid or service in order to comply with ADA requirements for effective communication with individuals with disabilities. 25. Authorized Agents. The City's authorized agent for purposes of administration of this contract is Drew Chirpich, or designee. Contractor's authorized agent for purposes of administration of this contract is to be determine, or designee who shall perform or supervise the performance of all Work. 87 26. 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: BLACKSTONE CONTRACTORS LLC 9520 County Road 19 Suite D Loretto, MN 55357 bruce@blackstonecontractorsllc.com THE CITY OF GOLDEN VALLEY 7800 Golden Valley Road Golden Valley, MN 55427 dchirpich@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. Contractor agrees to pay all laborers employed and all subcontractors furnishing material to Contractor in the performance of this contract. If Contractor fails to pay any claims and demands for labor and materials, the City may apply the monies due to Contractor toward paying and satisfying such claims and demands. The City has the right to apply monies due to Contractor towards paying any accrued indebtedness or any claim which may hereafter come due against Contractor. The amount of such payments shall be deducted from the balance due to the Contractor; provided that nothing herein nor any variation from the amounts and timing of the installments shall be construed as impairing the right of the City or of those to whose benefit the bond herein agreed upon shall insure, to hold Contractor or surety liable on the bond for any breach of the conditions of the same nor as imposing upon the City any obligation to laborers, materialmen, contractors, or sureties to pay or to retain for their benefit any monies coming to the contractor hereunder. Pursuant to Minnesota Statutes, Section 471.425, Subdivision 4(a), Contractor must pay any subcontractor within ten (10) days of Contractor's receipt of payment from the City for undisputed services provided by the subcontractor. Contractor must pay interest of one and one-half percent (1%%) per month or any part of a month to the subcontractor on any undisputed amount not paid on time to the subcontractor. The minimum monthly interest penalty payment for an unpaid balance of $100.00 or more is $10.00. For an unpaid balance of less than $100.00, Contractor shall pay the actual penalty due to the subcontractor. A subcontractor who prevails in a civil action to collect interest penalties from the Contractor shall be awarded its costs and disbursements, including attorney's fees, incurred in bringing the action. 29. Severability. In the event that any provision of this Agreement shall be illegal or otherwise unenforceable, such provision shall be severed, and the balance of the Agreement shall continue in full force and effect. 30. Signatory. Each person executing this Agreement ("Signatory") represents and warrants that they are duly authorized to sign on behalf of their respective organization. In the event Contractor did not E? authorize the Signatory to sign on its behalf, the Signatory agrees to assume responsibility for the duties and liability of Contractor, described in this Agreement, personally. 31. Counterparts and Electronic 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. 32. Recitals. The City and Contractor agree that the Recitals are true and correct and are fully incorporated into this Agreement. IN WITNESS WHEREOF, the City and Contractor have caused this Independent Contractor Agreement to be executed by their duly authorized representatives in duplicate on the respective dates indicated below. BLACKSTONE CONTRACTORS, LLC: CITY OF GOLDEN VALLEY: By: By: Name: BRUCE KARVONEN Title: VICE-PRESIDENT By: 9 Shepard M. Harris, Mayor Timothy J. Cruikshank, City Manager EXHIBIT A SCOPE OF WORK .c EXHIBIT B SPECIAL CONDITIONS 1. Responsible Contractor Certification. Contractor and subcontractor(s) shall be a "responsible contractor" as defined in Minnesota Statutes §16C.285, subdivision 3. Contractor or subcontractor(s) that do not meet the minimum criteria established in Minnesota Statutes §16C.285, subdivision 3, or who fails to verify compliance with the minimum requirements, will not be a "responsible contractor" and will be ineligible to perform the Work. Contractor and subcontractor(s) are that make a false statement verifying compliance with any of the minimum criteria shall result in the termination of this Agreement. 2. Pre -Construction Meeting. Prior to the beginning of construction operations, a pre -construction meeting shall be held, and shall be attended by the authorized representatives of the City and persons of the contracting company who will have direct responsibility for workmanship and/or materials used on the project. The conference will disclose all aspects for execution and schedule of the Work. Agreement on any and all questionable measurements, materials, methods or other matters shall be made at this conference. Contractor shall submit the following prior to or at the pre -construction meeting: a. Critical path phasing plan and schedule b. General project contact information including emergency contacts. c. Subcontractor list. 3. Measurement and Payment. Payment for all items for this project shall be by the unit price as stated herein Exhibit C. The estimated quantities on the Proposal form are for determination of the lowest cost for the Work. The City reserves the right to increase or decrease quantities shown on the Proposal to stay within the amount budgeted by the City. No claims for extra compensation due to increased or decreased quantities shall be considered. Contractor shall provide daily documentation to the Engineer, at the end of each working day, for the quantities performed that day. Contractor shall submit all final quantities to the City within one month after completion of the Work. 4. Hours of Operation. Working hours shall occur Monday through Friday from 7:00 AM to 7:00 PM, unless otherwise approved in writing by the Engineer. 5. Care of Work. All work under this contract shall be accomplished with reasonable care and minimal damage to affected properties. The Contractor shall provide quality cleanup after removal and repair of any damage done by the Contractor's equipment. 6. Contract Start. Contractor may start construction as soon as Golf Operations have commenced for the season and has been notified by the Engineer. Anticipated commencement is mid -November to Early December. 7. Contract Time Extension. The Contractor shall perform fully, entirely, and in an acceptable manner, the Work within the Contract Time stated in this Agreement. Contractor shall notify the City on writing, not less than ten (days) prior to end of the Contract Time if the Contractor finds it impossible to complete the Work. Contractor shall detail fully in the request reasons for the extension. The City, in its sole discretion, may grant an 91 extension if the Work has been delayed on account of unusual circumstances beyond the control of the Contractor, or that quantities of the Work done or to be done are in excess of estimated quantities in sufficient amount to warrant the extension for the completion to such date as may seem reasonable and proper 8. Remove Cottonwood Trees. Contractor to take special care of removing the cottonwood trees to not damage the fairway of the golf course. Contractor shall be fully responsible for any damage to the fairway that may occur to restore damage to its pre -construction state. 9. Remove Sheet Pile. Contactor shall remove and properly dispose of remaining sheet piling located within the construction limits. 10. Remove irrigation line. Contractor shall remove and properly dispose of abandoned irrigation line within the construction limits of the project. Abandoned irrigation line also has abandoned wiring inside of the pipe and remove of wires shall be incidental to removal of irrigation line. 11. Excavation — Channel (P) (EV). Channel Excavation shall be paid for as planned quantity (P) of excavated volume (EV). Material from excavation shall be hauled off site and properly disposed of and shall be incidental to excavation — channel costs. Material shall be disposed of properly in accordance with MPCA guidance. 12. CONTAMINATED AND DEBRIS -IMPACTED SOIL. Although the City is not aware of buried debris or contamination on the Project, Contractor should be aware that debris and/or contaminated materials may be encountered in any excavation. In the event Contractor suspects that contamination is present on the Project (organic vapor detector readings above background, staining or discoloration, debris -rich fill, or olfactory evidence), Contractor shall stop Work and IMMEDIATELY NOTIFY THE ENGINEER. The Engineer shall be responsible for notifying the necessary regulatory agencies and other necessary parties. Contractor shall be prepared to stop work at the suspected contaminated or debris -impacted site for a minimum of 72 to 96 hours after notifying the Engineer to allow time to test for actual contamination and/or extent of debris in the soil. The City's Environmental Consultant shall collect samples of the suspect material for characterization. No suspect material shall be removed from the site or moved from its position at the time of discovery without the Engineer's approval. No claims for costs for interrupted progress shall be considered. Contaminated Soil The soils shall be considered contaminated if laboratory results indicate the contamination concentrations exceed the applicable risk or health based cleanup criteria established by the State of Minnesota or U.S. Environmental Protection Agency. If the soils are determined to be contaminated the City's Environmental Consultant shall work with the appropriate regulatory agency to develop project specific cleanup goals. 92 When the excavation resumes at a contaminated or potentially contaminated site, the City's Environmental Consultant shall conduct field monitoring to identify the materials that are to be managed as contaminated. The Engineer shall direct Contractor on the appropriate management of the contaminated soil. Said material may be stockpiled, reused within the Project, or hauled off -site for treatment as directed by the Engineer and in accordance with the Project -specific cleanup goals. Reuse and stockpiling of said material are limited to areas within the Project limits and must meet the guidelines included in the MPCA Best Management Practices for the Off -site Reuse of Unregulated Fill (MPCA, February 2012) and Managing Petroleum Contaminated Soil at Public Works Projects (September, 2008). b. Debris -Impacted Soil The material shall be considered debris -impacted if the amount of debris in the soil exceeds 5% by volume as verified by the Engineer. The Engineer will verify by "Charts for Estimating Proportions of Mottles and Coarse Fragments" Munsell Soil Handbook, 2000 Edition. If the soils are determined to be debris impacted, the City's Environmental Consultant shall work with the appropriate regulatory agency to develop project specific cleanup goals. When the excavation resumes at a debris -impacted site, the City's Environmental Consultant shall conduct field monitoring to identify the materials that are to be managed as debris -impacted. The Engineer shall direct Contractor on the appropriate management of the debris -impacted material. With the approval of or under the direction of the Engineer, Contractor may be required to separate debris from the soil to meet the 5% by volume guideline. Contractor will be required to reasonably sort debris from soil in an effort to minimize disposal at the landfill. When the excavation in the area where contaminated and/or debris -impacted soils are located is complete, Contractor shall permit the City to collect samples from the bottom and sidewalls of the excavation. Soils shall not be excavated beyond the limits shown on the cross -sections in the Plan, or as approved unless directed in writing by the Engineer. Contractor shall be obligated to comply with all applicable safety regulations imposed by federal and state law for handling pollutants, contaminants, or hazardous substances, wastes or materials, including but not limited to, 29 C.F.R., Part 1910, and all subsequent revisions thereof. Contractor may be required to temporarily stockpile contaminated or debris -impacted soil on the Project site or at a City -owned location within the City (only as directed in writing by the Engineer). Excavated materials with different physical characteristics (i.e. contaminated soil for off -site disposal, contaminated soil for on -site reuse, debris, etc.) will be segregated into separate stockpiles. Contaminated or debris -impacted soil shall be stockpiled on an impervious surface or reinforced plastic a minimum of 10 mils thick. Contractor shall cover contaminated soil stockpiles with 10-mil reinforced plastic and securely anchor it from wind using sandbags, clean soil or an Engineer -approved alternative. Any maintenance or recovering of stockpiles due to lack of adequate anchorage shall be at Contractor's expense. If the Engineer deems it necessary, the Contractor shall surround the stockpile with fencing to provide extra security. Once established, stockpiles shall not be disturbed, moved or combined except as directed by the Engineer. 93 The City reserves the right to retain responsibility to manage the disposal of soils determined to be unfit for use on the Project due to contamination or debris. Suspect material that has been characterized and does not meet either contaminated or debris -impacted criteria shall be Contractor's responsibility to manage under the General Excavation provisions with no additional expense to the City. The City advises Contractor to coordinate for a secondary disposal site for soils containing debris below the established levels. The City reserves the right to hire a different contractor for this operation if an agreement regarding extra work compensation for contaminated and/or debris impacted soils cannot be established. If directed by the Engineer, Contractor shall haul contaminated or debris -impacted materials to a permitted treatment facility consistent with state and local requirements. The method of treatment shall be approved by the Engineer and be in accordance with the approved project -specific cleanup goals. Contractor shall complete all necessary permits and applications for the treatment facility. Contractor shall certify to the Engineer within 30 days of completion of soil treatment that the soil has been treated/disposed as approved by the Engineer. Contractor shall provide copies of all treatment facility applications, permits, approvals and disposal manifests to the City and Engineer. Handling, stockpiling and disposal of contaminated and debris -impacted materials shall be considered Unclassified Work. The City shall compensate the Contractor for such Unclassified Work, as specified by the Engineer, at a rate of the actual cost, plus 10 percent (10%). Contractor shall submit detailed records of the actual cost incurred for such removal, stockpiling and disposal. Contractor shall separate contaminated and debris -impacted materials from non -contaminated soil to the extent deemed practical by the Engineer. Unclassified Work for this section shall be limited to work over and above the costs Contractor would have experienced to excavate and remove the soils per the Contract. 13. Field Stone. Contractor shall supply and install 18-inch field stone as designated in the construction plans. Field stone shall range in size from 12-inches to 18-inches. Placement of field stone shall be blended into the existing ground with the top being placed at final finished grade. 14. HDPE Pipe Outlet. Contractor shall cut back the HDPE pipe to conform to the proposed grade of the bank. The cut material shall be disposed of properly and incidental to the project. 15. 12-Inches Granular Filter Base. Contractor shall excavate and place 12 inches of granular filter base under all areas where field stone is to be placed per specification. 16. Construct Rock Check Dam. Contractor shall construct rock check dams or equivalent sediment control measures downstream of the work area prior to the beginning of earth disturbing activities. 94 17. Install Silt Fence. Silt fence or an equivalent sediment control BMP shall be installed around all stockpile areas prior to stockpiling on site. 18. Site Access. Contractor shall not go outside of the access limits that are designated within the plans and marked out. Any deviations from the approved limits will result in a $2,500 penalty per occurrence and will be an offset in contract price. Contractor shall also be responsible for restoring all disturbed areas created by the project, and will be responsible for rough grading these areas back to pre -project conditions. Golf Course staff will perform the seeding of the access path. 19. Native Seeding. Contractor shall seed and blanket all designated buffer areas with MnDOT seed mix 34- 261. 20. MnDOT Erosion Blanket. Contractor shall blanket all disturbance on slopes 3:1 or greater and on all native seeding areas with Category 20 blanket. All blanket used must be natural net, and composed of 100% biodegradable material. 21. Restoration of Disturbed Areas. Contractor shall restore all areas outside of the project limits disturbed by the project to their pre -construction grade, regardless of location. Golf Course staff will be responsible for revegetating these areas. 95 EXHIBIT C PROPOSAL Contractor certifies that an examination has been made of the scope and location of work and proposes to furnish all necessary machinery, equipment, tools, labor and other means for the Work and to furnish all materials specified in the manner and at the time prescribe; and understands that the quantities of work shown herein are approximate only and are subject to increase or decrease; and further understands all quantities of work, whether increased or decreased, are to be performed at the following unit prices. Spec Estimated Number Description Units Quantity Bid Price Amount LUMP 2021.501 MOBILIZATION SUM 1 $ 9,200.00 $ 9,200.00 LUMP 2101.501 CLEAR & GRUB TREES SUM 1 $ 2,800.00 $ 2,800.00 2101.502 COTTONWOOD TREE REMOVAL EACH 2 $ 2,800.00 $ 5,600.00 2101.502 REMOVE OTHER TREES (>6" DIA) EACH 23 $ 304.35 $ 7,000.05 2104.502 HDPE PIPE OUTLET EACH 1 $ 1,400.00 $ 1,400.00 REMOVE REMAINING SHEET LINEAR 2104.503 PILING FOOT 75 $ 56.00 $ 4,200.00 LINEAR 2104.503 REMOVE IRRIGATION SYSTEM FOOT 225 $ 12.44 $ 2,799.00 EXCAVATION — CHANNEL (P) CUBIC 2106.507 (EV) YARD 961 $ 53.69 $ 51,596.09 CUBIC 2511.507 18-INCH FIELD STONE YARD 452 $ 103.10 $ 46,601.20 12-INCH GRANULAR FILTER CUBIC 2511.507 BASE YARD 151 $ 74.17 $ 11,199.67 2573.502 CONSTRUCT ROCK CHECK DAM EACH 1 $ 2,300.00 $ 2,300.00 LINEAR 2573.503 INSTALL SILT FENCE FOOT 195 $ 4.62 $ 900.90 96 Spec Estimated Number Description Units Quantity Bid Price Amount NATIVE SEEDING (SEED MIX 34- 2575.504 261) ACRE .22 $ 6454.55 $ 1,420.00 MNDOT EROSION CONTROL SQUARE 2575.504 BLANKET CATEGORY 20 YARD 1054 $ 2.47 $ 2,603.38 TOTAL COST $ 149,620.29 *** Quoted as a level I or 2 contaminated material. If the test proves out to be level three it will be a cost plus basis to be determined. 97 In submitting this proposal, the undersigned acknowledges that the City reserves the right to reject any or all proposals and to waive informalities. This proposal may not be withdrawn after the opening of proposals, and shall be subject to acceptance by the City for a period of forty-five (45) calendar days from the opening thereof. If Bidder is a corporation or company, provide the Stateof incorporation: Minnesota If Bidder is a partnership, state full name of all co-partners: Proposal Submitted by (please print): Company Name: Blackstone Contractors, LLC Telephone: 763-291-7728 Address: 9520 County Road 19 Suite D Date: November 16th, 2022 City, State, Zip Loretto, MN 55357 Email Address for Contact Person: Brucenblackstonecontractorsllc.com By: Bruce Karvonen Title: Vice President By: Title: Failure to have the required Work completed within the Contract Time shall result in the City charging the Contractor, and withholding from any monies due, liquidated damages in the amount of $200 per calendar day until all Work is completed. pity °f l[JTIVE SUMMARY golden Val Physical Development 763-512-2345 / 763-512-2344 (fax) Golden Valley City Council Meeting December 20, 2022 Agenda Item 3D.6. Authorize Pre -purchase of Box Culvert Material for Douglas Drive and Highway 55 Pedestrian Underpass and Roundabout Project Prepared By RJ Kakach, Assistant City Engineer Jeff Oliver, City Engineer Summary As part of the Douglas Drive and Highway 55 Pedestrian Underpass and Roundabout Project, concrete box culvert sections will be installed beneath Highway 55 to create the new pedestrian tunnel. Currently, concrete culvert sections are back ordered approximately eight months. In order to meet the construction schedule of the project, the material will be pre -purchased by the City of Golden Valley now and delivered to the project site late summer of 2023 for installation by the City's contractor. Two quotes were received for the materials and are summarized below: • Forterra $402,821.00 • Hancock $495,129.37 Payment for the material will be due upon delivery in the summer of 2023. Financial or Budget Considerations Anticipated funding for the material is included in the 2022 Street CIP Program (S-048) in the amount of $3,500,000. An additional $3,500,000 is allocated in 2023. The funds in the CIP are State General Obligation Bond Funds. Legal Considerations Staff will work with legal to go through the proper process to purchase the materials. Equity Considerations The installation of the new box culvert will provide safer access to all users of the Douglas Drive and TH 55 intersection. Recommended Action Motion to Authorize Pre -purchase of Box Culvert Material for Douglas Drive and Highway 55 Pedestrian Underpass and Roundabout Project with Forterra in the amount of $402,821. Supporting Documents • Forterra Box Culvert Quote • Hancock Box Culvert Quote 100 Quotation FOR'i'ERRA Project: Golden Valley, MN - Olson Memorial Hwy SP 2723-146 Quote: 2322172BX1 (TH 55) Engineer: WSB & ASSOC. Location: MN Golden Valley Sales Contact: Brandon Brueggemeier (763) 545-7473 Owner: City of Golden Valley Bid Date: December 15, 2022 at 10:00 AM Rinker does not guarantee water -tight joints. Any leaks are the responsibility of the contractor to repair. Bridge No. 27X21 Page 1 14'x10' Class 1 Precast Concrete Box Culvert 179.00 $2,130.00 FT $381,270.00 Recessed Adjustable Tie Rod 62.00 $72.00 EA $4,464.00 Mastic for Complete Joint 126.00 $37.00 EA $4,662.00 External Joint Wrap (Top & Sides) 29.00 $300.00 EA $8,700.00 Butyl Primer (1 Gallon Pail) 3.00 $175.00 EA $525.00 Ring Cluth (For Handling) 4.00 $800.00 EA $3,200.00 Bridge No. 27X21 SUBTOTAL = $402,821.00 Notes: Weight = 18.45 tons per 6.0' section. GRAND TOTAL (estimated) $402,821.00 NOTES: 1) Any concrete surface finishes and/or coatings are the responsibility of the contractor. 2) All electrial components, including box culvert penetrations, to be by others. 3) Prices are firm for 30 days after the bid letting. 4) Prices do not include state and local taxes. 5) Precast Reinforced Concrete Box Culvert MNDOT 5395.11 6) Pricing based on 6.0' section lengths. 5.0' & 4.0' section length pricing available upon request. 7) Shorter sections may necessitate additional tie rods and mastic. 8) Refer to conditions of sale and terms paragraphs reverse side hereof. 9) Net 30 Days 10) Returns must be made within 6 months of final shipment by Rinker Materials to project. 11) Concrete products produced in 2022 may be made utilizing ASTM C595 IL MS cement, following the cement industries transition from C150 to C595 cements. Sales Contact: Brandon Brueggemeier (763) 545-7473 Prepared By: Kevin Dingeman (515) 223-8761 Corporate/Sales/Engineering Office 6655 Wedgewood Road, Suite 130 Maple Grove, MN 55311 Ph: (763) 545-7473 Fax: (763) 416-1633 Page 1 of 2 12/08/2022 101 Quotation FOR'i'ERRA Page 2 Project: Golden Valley, MN - Olson Memorial Hwy SIP 2723-146 Quote: 2322172BX1 (TH 55) Owner: City of Golden Valley Sales Contact: Brandon Brueggemeier (763) 545-7473 Rinker does not guarantee water -tight joints. Any leaks are the responsibility of the contractor to repair. TERMS AND CONDITIONS OF SALE: All sales are subject to Forterra Concrete Products, Inc., dba Forterra Pipe & Precast, standard Terms and Conditions of Sale which are attached to this quotation and incorporated by reference herein. Acceptance: Subject to contract award, we hereby order the required material at the above unit prices and agree to the terms and conditions set forth in this quotation and the Forterra Concrete Products, Inc., dba Forterra Pipe & Precast, Terms and Conditions of Sale incorporated by reference herein. PURCHASER CITY OF GOLDEN VALLEY BY BY TITLE: MAYOR DATE: 12-20-2022 BY: TITLE: CITY MANAGER DATE: 12-20-2022 TERMS and CONDITIONS of SALE Jerry Swanson, Sales Manager FORTERRA PIPE & PRECAST This quotation and any sale of the products subject to this quotation are governed by Forterra's Standard Terms and Conditions of Sale, which may be found at https://forterrabp.com/terms-and-conditions and which are expressly incorporated into any agreement regarding the sale of these products. Any of buyer's terms and conditions that conflict with Forterra's Standard Terms and Conditions of Sale are expressly rejected and shall not constitute the terms of any sale between the parties. Page 2 of 2 12/08/2022 102 Quote # 22-4745 County: Hennepin City: Golden Valley State: MN Project: Olson Memorial Highway Pedestrian Tunnel Engineer: WSB & Associates Bid Date: 12/14/2022 12:00:00 PM We are pleased to quote the following items for your consideration: OHancock. www.hancockconcrete.com Prepared By: Gary Schmidgall Phone: (320) 391-6354 Email: gary.schmidgall@oldcastle.com 14 X 10 PC BOX CULVERT CLASS 1 ............................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................. Product Name Qty Sales Price Total Price 14 X 10 PC BOX CULVERT CL 1 (6,005 Ibs/ft)(30-6') 180 2,599.99/ FT 467,998.20 JOINT MASTIC 1"-116' CASE/BOX 14 447.28/ EA 6,261.92 CONWRAP BARRIER CS-212 12" WIDE X .065" THICK X 100' ROLL 13 716.99/ BOX 9,320.87 1" x 40" HIDE -AWAY HIDDEN TIE (85-00464) 58 199.11/ EA 11,548.38 Subtotal 495,129.37 Total Quote $ 495,129.37 - NOTES: MEMBRANE WATERPROOF BY OTHERS. - NO HOLES PROVIDED FOR LIGHTING CONDUIT. - WEIGHT: 6' BARREL = 36,030 lbs. CURRENT ESTIMATED AVAILABILITY AUGUST 2023 Fuel Surcharges: As a result of fuel increase in our market, Oldcastle will be implementing a fuel surcharge that will only effect delivery rates (not material cost) at the time of delivery. Rates are derived from pricing as established by the US Energy Information Administration's Gas and Diesel fuel index. The Fuel Surcharge item on quotes is established at the time of bid and the actual fuel surcharge may be higher or lower based on the index. Steel Notes: Due to steel supply chain constraints and long lead times, Oldcastle reserves the right to extend delivery dates based on availability. Sales tax is not included. Payment terms are NET 30 Days from Invoice Date. All past due accounts are subject to an interest charge based on 18% per annum. Joint treatments are estimated and are sold by the box or roll. Prices are for material delivered to the job site or as near as truck can get under its own power. The prices and any discounts offered are based on this quote in its entirety. Any changes/reduction in the quantity must be approved by Hancock Concrete for the prices and discounts to apply. 1211212022 at 11:14 AM 103 Oldcastle Infrastructure Commercial Clarifications 03/23/2022 Special Products: 1) Any special product(s) and high -volume standards (collectively, "Special Products") will be invoiced on a mutually agreed upon in writing delivery date and ownership transferred, upon Invoicing. Oldcastle Infrastructure, Inc. ("Oldcastle") reserves the right to require full or partial pre -payment for any Special Products ordered. 2) Special Products may not be returned. 3) If Special Product(s) cannot be accepted within 30 days of invoicing, a 10% storage fee will be assessed monthly unless otherwise agreed upon in writing. 4) All Special Products ordered as part of a cash sale must be fully paid prior to production. 5) A disposal fee of $200/ton will be charged for all Special Products on hand over 90 days from the mutually agreed upon delivery date. Delivery: 6) The site must be accessible by delivery vehicles under their own power. If the material is to be delivered and set by Oldcastle, acceptability to the site will be determined by the boom operator. 7) Freight charges quoted are based on full truckload quantities. Short loads will be subject to additional charges to cover the cost of delivery. 8) Deliveries canceled with less than 24 hours' notice are subject to full delivery charge. 9) Delivery includes one hour for offloading. Additional time in excess of one hour will be invoiced at an hourly rate. 10) A restocking fee of up to 40% may be charged on undamaged, standard products. Freight charges for returned product on Oldcastle equipment will also be applicable. 11) All Returns must be approved by Oldcastle. Returns will not be accepted after 90 days from date of purchase. Pricing: 12) Oldcastle must be notified if a project requires prevailing wages as additional costs may be applied to the quotation. 13) Pricing is valid for 30 days from the date of this quote. 14) A 2% surcharge will be imposed on all Credit Card transactions, which is not greater than our cost of acceptance. A surcharge will not be applied to any ACH or Debit Card transaction. 1211212022 at 11:14 AM Quote # Page 2 of 4 104 15) Pricing remains valid for 180 days from order confirmation. For orders that have not shipped or transferred ownership to the buyer after 180 days, we reserve the right to implement a 1.5% quarterly price escalation fee. 16) If during the performance of this contract the cost of materials significantly increases through no fault of the seller, we reserve the right to equitably adjusted the price of this contract by an amount reasonably necessary to cover any such significant increase in the costs of materials. As used herein, a significant cost increase shall mean any increase in cost of materials exceeding 6% experienced by seller from the date of the contract signing. 17) Delivery pricing is based on Oldcastle Infrastructure's current fuel surcharge rate and is good for 7 days from the date stated on this Quote. Thereafter, Customer is responsible for paying Oldcastle Infrastructure's fuel surcharge rate in effect on each delivery date. Fuel surcharge rates are derived from pricing, as established by the U.S. Energy Information Administration's Gasoline and Diesel Fuel Index, published at https://www.eia.gov/petroleum/gasdiesel/ Additional Items: 18) Every effort has been made to provide an accurate take -off however, the quantities are not guaranteed by Oldcastle but provided for the buyer's convenience only. It is the buyer's responsibility to verify the accuracy of the project requirements and quantities. Changes in quantities, dimensions, or specifications from this quote may require an adjustment in price. Buyer agrees to pay per unit price for the actual number of units delivered. All products and services listed on this Quotation are provided under OLDCASTLE INFRASTRUCTURE, INC's Standard Terms and Conditions located at: https://oldcastleinfrastructure.com/support/terms-conditions/ Company Name: Date: Signature: Print Name: 1211212022 at 11:14 AM Quote # Page 3 of 4 105 106 662217.2 Rev. 1 /13 pity °f l[JTIVE SUMMARY golden 'W Val Physical Development 763-512-2345 / 763-512-2344 (fax) Golden Valley City Council Meeting December 20, 2022 Agenda Item 3D.7. Approve Douglas Drive/Highway 55 Underpass Easement Agreements for 6401 Westchester Circle, Resolution No. 22-114 Prepared By RJ Kakach, Assistant City Engineer Jeff Oliver, City Engineer Summary As part of the Douglas Drive and Trunk Highway 55 (TH 55) Pedestrian Underpass project, additional easement is required in certain areas to accommodate infrastructure that is needed to properly construct the project. The Lockup Self Storage, at 6250 Olson Memorial Highway, is one of the properties that requires additional easement to physically fit a new trail and retaining wall adjacent to the pedestrian tunnel t the west of the Lockup building. Staff worked with the property owner to order an appraisal of the property. The appraisal was completed in July and staff worked with the property owner to negotiate a reasonable price for temporary and permanent easements. The permanent easement contains 5,105 square feet of Lockup property at a cost of $136,100. The temporary easements contains 1,541 square feet of Lockup property at a cost of $27,600. The temporary easement runs from now until September 30, 2024. If needed, a temporary easement agreement extension would be at a cost of $86 per week. The Lockup ownership has agreed to the terms of the agreement and signed the documents, which are being forward to the City Council for approval and signature. Financial or Budget Considerations Payment in the amount of $163,700 from project funding provided by the Minnesota Department of Transportation through the Local Road Improvement Program as approved by the State Legislature. Legal Considerations The permanent and temporary easement agreement templates were reviewed by the City Attorney. Equity Considerations The acquisition of these permanent and temporary easements will allow for a new sidewalk to be installed along the Frontage Road providing safer access to all users of the Douglas Drive and TH 55 107 intersection. Recommended Action Motion to adopt Resolution No. 22-114 authorizing payment for Temporary and Permanent Easements at 6401 Westchester Circle for the Douglas Drive and Highway 55 Pedestrian Underpass and Roundabout Project SAP 128-594-003. Supporting Documents • Resolution No. 22-114 108 RESOLUTION NO. 22-114 RESOLUTION AUTHORIZING PAYMENT FOR TEMPORARY AND PERMANENT EASEMENTS AT 6401 WESTCHESTER CIRCLE FOR THE DOUGLAS DRIVE AND HIGHWAY 55 PEDESTRIAN UNDERPASS AND ROUNDABOUT PROJECT SAP 128-594-003 Language coming 12/19/2022 Adopted by the City Council of Golden Valley, Minnesota this 20t" day of December, 2022. Shepard M. Harris, Mayor ATTEST: Theresa J. Schyma, City Clerk 109 pity °f l[JTIVE SUMMARY golden 'W Val Physical Development 763-512-2345 / 763-512-2344 (fax) Golden Valley City Council Meeting December 20, 2022 Agenda Item 3D.8. Approve Professional Services Agreement with Short Elliott Hendrickson, Inc. for Public Improvements Observation at 6300 Olson Memorial Highway Prepared By RJ Kakach, Assistant City Engineer Jeff Oliver, City Engineer Summary As part of the Golden Valley Business Center Redevelopment project located at 6300 Olson Memorial Highway, the developer will be constructing certain public improvements. To ensure the new City owned infrastructure is installed to standard, construction observation is required by the City. Staff received a proposal from Short Elliot Hendrickson (SEH), Inc. for construction observation on the public improvements associated with the development. The work will occur starting in the spring of 2023 and is not to exceed $27,500. The developer deposited 125% of the proposal amount to fund the public improvement inspection. Financial or Budget Considerations Funding for the professional services will be drawn from a deposit that has already been submitted by the developer. Legal Considerations This agreement is consistent with the professional services agreement templated approved by the City Attorney. Equity Considerations Due to the size and scope of this project, and the overlapping timeframe and responsibilities between this project and the 2023 PMP project, staff did not solicit requests for proposals (RFPs) with this project. However, staff is looking at opportunities to balance the full RFP process with more cost effective equitable ways to obtain proposals from more engineering firms. One idea being explored that is used by other Cities around the metro is an engineering pool. This work is ongoing with plans to begin using an engineering pool later in 2023. Recommended Action 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 public 110 improvements construction observation on the Golden Valley Business Center Development Project, for an amount not to exceed $27,500. Supporting Documents • Golden Valley Business Center Agreement • Location Map Golden Valley Business Center 111 PROFESSIONAL SERVICES AGREEMENT GOLDEN VALLEY BUSINESS CENTER DEVELOPMENT CONSTRUCTION OBSERVATION SERVICES THIS AGREEMENT is made this December 20, 2022 ("Effective Date") by and between Short Elliott and Hendrickson Inc. a Minnesota corporation with its principal office at 3535 Vadnais Center Drive, St. Paul, Minnesota 55110-350, ("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 -onstruction Observation Services for the Golden Valley Business Center Development . C. Consultant represents that it has the professional expertise and capabilities to provide the City with the requested professional services. D. The City desires to engage Consultant to provide the services described in this Agreement and Consultant is willing to provide such services on the terms and conditions in this Agreement. NOW, THEREFORE, in consideration of the terms and conditions expressed in this Agreement, the City and Consultant agree as follows: AGREEMENT 1. Services. Consultant agrees to provide the City with professional consulting services as described in the attached Exhibit A (the "Services"). Exhibit A shall be incorporated into this Agreement by reference. All Services shall be provided in a manner consistent with the level of care and skill ordinarily exercised by professionals currently providing similar services. Consultant may reasonably rely on information and documents provided by or through the City. 2. Time for Completion. The Services shall be completed on or before •ose Date, provided that the parties may extend the stated deadline upon mutual written agreement. This Agreement shall remain in force and effect commencing from the effective date and continuing until the completion of the project, unless terminated by the City or amended pursuant to the Agreement. 3. Consideration. The City shall pay Consultant for the Services on an hourly basis and for necessary out-of-pocket expenses at the rates set forth in Consultant's fee schedule, attached hereto as Exhibit B. Consultant's total compensation for the Services, including hourly fees and expenses, shall not exceed $27,500. 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. 112 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. 113 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. $200,000,000 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. 3 114 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 all 115 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 9 116 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 Greg Johnson, PE, 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 Short Elliot Hendrickson, Inc Scott Haupt 3535 Vadnais Center Drive St. Paul, MN 55110-3507 THE CITY City of Golden Valley Jeff Oliver 7800 Golden Valley Road Golden Valley, MN 55437 ioliver@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. R 117 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: 7 By: By: Shepard M. Harris, Mayor Timothy J. Cruikshank, City Manager 118 EXHIBIT A SCOPE OF SERVICES 119 -A. SEH Building a Better World for All of Us October 24, 2022 Mr. Jeff Oliver City Engineer City of Golden Valley 7800 Golden Valley Road Golden Valley, MN 55427-4588 Dear Mr. Oliver: RE: City of Golden Valley Golden Valley Business Center Development Construction Observation Services SEH No. GOLDV 170089 14.00 Thank you for the opportunity to assist the City of Golden Valley (City) in providing engineering services for the observation of public utility installations in the proposed Golden Valley Business Center Development project area. The City is requesting a scope of work from Short Elliott Hendrickson (SEH°) to provide construction observation services of the public improvements, which were designed by the developer's engineer. This letter serves as the Scope of Services for the Agreement for Professional Services for the Golden Valley Business Center Development Project between the City of Golden Valley and SEH. BACKGROUND The proposed project area is located in the northwest quadrant of the Douglas Drive North/Country Club Drive intersection, on the former Optum Health site. Proposed public improvements include installation of new sanitary sewer, water main, and storm sewer facilities to serve the planned development. Additional private utility installations and a new private road are also planned to serve the development. SCOPE OF WORK SEH will provide a Resident Project Representative (RPR) to perform full-time observation services for the public improvements, including attendance at the pre -construction meeting, and shop drawing reviews. Based on a discussion with City staff on the desired scope of services, four weeks of full-time observation are assumed. Actual time spent will be dependent on the Contractor's schedule, crew size, and weather. SEH will furnish the City with post -construction field notes for the City's use in preparing the record drawings. SCHEDULE We understand construction will likely begin during in early 2023 and assume that all public improvements will be completed during the 2023 construction season. 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 Engineers I Architects I Planners I Scientists Short Elliott Hendrickson Inc., 3535 Vadnais Center Drive, St. Paul, MN 55110-3507 651.490.2000 1 800.325.2055 1 888.908.8166 fax I sehinc.com SEH is 100% employee -owned I Affirmative Action —Equal Opportunity Employer 120 Mr. Jeff Oliver October 24, 2022 Page 2 mileage and personal vehicle allowance. Additional services required beyond the tasks and estimated hours as described can be negotiated or provided as extra work on an hourly basis. We have estimated the fee for providing the services included in our proposal to be $27,500. Anticipated tasks, hours, expenses and assumptions are included in the attached work task breakdown. The City of Golden Valley will be invoiced for actual labor and reimbursable expenses incurred by SEH to complete the work. This proposal summarizes our understanding of the project to date. If this document satisfactorily sets forth your understanding of our agreement, please provide SEH a signed Professional Services Agreement for the project. We look forward to working with the City on this project, and appreciate the continued opportunity to provide support to the City of Golden Valley. Sincerely, SHORT ELLIOTT HENDRICKSON INC. Scott Haupt, PE (Lic. MN, WI) Senior Project Manager sh Enclosure s:\fj\g\goldv\common\proposals\golden valley business center_2022\golden valley business center construction observation proposal_10-24-2022.docx 121 ] � ! ) \ ` \\ � � ƒ � �§\ 5\� #4 ; \\\ \ /\) ° ! \ ( /(\ G » ƒ_ \ ) k:\r « \ \/ \\\ \[\ \\)\, \ � �� ••!$/_§}� ■�~()/\) City Facilities KS- Water Hydrant Q� Water Valve • Manhole Outlet Control ■ Catch Basin Pipe Outlet Water Main 0 Sanitary Sewer 00 Storm Sewer —W- Draintile Developer Facilities Water Hydrant Water Valve Manhole Outlet Control Catch Basin Pipe Outlet Water Main Sanitary Sewer Storm Sewer -��- Draintile Storm Water -Quality Treatment Facility city of Ik golden val ley ey 751 Douglas Dr N, 55422 651 Douglas Dr N, 55422 /.,v, , ...,. -�U ur Exhibit B Ow HwY 55 state Sources: Print Date: 111312022 -Hennepin County Surveyors Office for Property Lines (2022). e -City of Golden Valley for all other layers. 0 90 ,80 12� city of )TIVE SUMMARY golden x valle Police 763-512-2345 / 763-512-2344 (fax) Golden Valley City Council Meeting December 20, 2022 Agenda Item 3E.1. Adopt Resolution No. 22-115 Accepting a Donation from the Crime Prevention Fund for the Police Department's Awards and Promotions Reception Prepared By Alice White, Assistant Police Chief 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. All donations and grants must be acknowledged and accepted by motion with a simple majority. Legal Considerations This item does not require legal review Equity Considerations N/A Recommended Action Motion to adopt Resolution No. 22-115 accepting the donation from the Golden Valley Crime Prevention Fund for the GVPD Awards and Promotion Reception on November 15, 2022. Supporting Documents • Resolution No. 22-115 - Accepting Donation 124 RESOLUTION NO. 22-115 RESOLUTION ACCEPTING A DONATION FOR THE GOLDEN VALLEY POLICE DEPARTMENT'S AWARDS AND PROMOTIONS RECEPTION WHEREAS, the City Council adopted Resolution No. 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 donations on behalf of its residents: $500.00 from the Golden Valley Crime Prevention Fund for the Golden Valley Police Department's Awards and Promotions Reception. Adopted by the City Council of the City of Golden Valley, Minnesota this 20th day of December 2022. Shepard M. Harris, Mayor ATTESTED: Theresa Schyma, City Clerk 125 city of FXFCl[JT1VF " UARY golden x valle Administrative Services 763-512-2345 / 763-512-2344 (fax) Golden Valley City Council Meeting December 20, 2022 Agenda Item 3E.2. Adopt Resolution No. 22-116, Acceptance of Ongoing Donations Prepared By Sue Virnig, Finance Director Summary This resolution is for acceptance of donations received throughout the year for ongoing programs that are approved at year end. The period collected is from December 17, 2021 through December 13, 2022. There are two reports: (1) for the Human Services Foundation (currently the Community Services Commission -CSC) $9,913 and (2) for the Noah Joynes Youth Recreation Fund for $4,865. Financial or Budget Considerations Funds will be keep and distributed to those approved organizations in 2023. Legal Considerations The following donations are legally acceptable for the programs described above. Equity Considerations The donations are accepted and allocated to those organizations that help residents of Golden Valley in need. This organization follows all four pillars of the Golden Valley Equity Plan. Recommended Action Motion to adopt Resolution No. 22-116 Accepting Donations for Ongoing Programs. Supporting Documents • Resolution No. 22-116 - Accepting Ongoing Donations • Exhibit A GVHSF Donations • Exhibit B Noah Jones Donation 126 RESOLUTION NO. 22-116 RESOLUTION ACCEPTING DONATIONS FOR ONGOING PROGRAMS WHEREAS, the City Council adopted Resolution 04-20 on March 16, 2004, which amended the Donation/Gift policy; and amended with Resolution 20-44 on July 7, 2020 adding Noah Joynes Youth Recreation fund, and WHEREAS, the Resolution states that a gift of real or personal property must be accepted by the City Council by resolution and be approved by a two-thirds majority of the Council; and WHEREAS, cash donations sent to the Golden Valley Human Services Commission are from 12/16/2021 through 12/13/2022 are on Exhibit A for a total of $9,913, and WHEREAS, cash donations sent to the Noah Joynes Youth Recreation Fund are from 12/16/2021 through 12/13/2022 are on Exhibit B for a total of $4,865. NOW, THEREFORE, BE IT RESOLVED that the City Council accepts the following donations as shown in Exhibit A and Exhibit B. Adopted by the City Council of Golden Valley, Minnesota this 20t" day of December, 2022. Shepard M. Harris, Mayor ATTEST: Theresa Schyma, City Clerk 127 Page: 1 of 8 GVHSF Donations - Names only Service Item Date Receipt # User Quantity Fee Amt Disc Amt Tax Amt Net Fees GVHSF Donation 12/17/2021 121436 dostdiek 1 20.00 0.00 0.00 20.00 Name Marshall Tanick 12/17/2021 121437 dostdiek 1 20.00 0.00 0.00 20.00 Name Lynne & Douglas Shufelt 12/17/2021 121438 dostdiek 1 60.00 0.00 0.00 60.00 Name Bernard Slutsky 12/17/2021 121439 dostdiek 1 50.00 0.00 0.00 50.00 Name James & Mary Lee Sanford 12/19/2021 121549 dostdiek 1 50.00 0.00 0.00 50.00 Name Melvin Patton 12/19/2021 121550 dostdiek 1 25.00 0.00 0.00 25.00 Name Larry Wright 12/19/2021 121551 dostdiek 1 30.00 0.00 0.00 30.00 Name Mary Adair & Gerald sorgenson 12/20/2021 121663 Kwiinikainen 1 50.00 0.00 0.00 50.00 Name Steven Legatt 12/20/2021 121664 Kwiinikainen 1 20.00 0.00 0.00 20.00 Name Howard and Janet Tarkow 12/20/2021 121665 Kwiinikainen 1 50.00 0.00 0.00 50.00 Name Andom Haile 12/20/2021 121667 Kwiinikainen 1 50.00 0.00 0.00 50.00 Name Scott Weisberg 12/20/2021 121668 Kwiinikainen 1 20.00 0.00 0.00 20.00 Name Jim Sherburne 12/20/2021 121669 Kwiinikainen 1 30.00 0.00 0.00 30.00 Name Thomas Sanders 12/20/2021 121675 Kwiinikainen 1 50.00 0.00 0.00 50.00 Name Dale Petersen 12/20/2021 121681 Kwiinikainen 1 75.00 0.00 0.00 75.00 Name Daniel Brewer 12/20/2021 121682 Kwiinikainen 1 20.00 0.00 0.00 20.00 Name Suzann Swaggert 12/20/2021 121683 Kwiinikainen 1 5.00 0.00 0.00 5.00 Name John Toohey 12/20/2021 121685 Kwiinikainen 1 20.00 0.00 0.00 20.00 Name Heidi and Michael Schweigert 12/21 /2021 121731 W W W 1 100.00 0.00 0.00 100.00 Name Marilyn & Martin Lipschultz 12/21/2021 121777 Kwiinikainen 1 50.00 0.00 0.00 50.00 Name Barry Schaub 12/22/2021 121855 Kwiinikainen 1 150.00 0.00 0.00 150.00 Name Dean Kishel City of Golden Valley User: svansloun Run Date/Time: 12/12/2022 @ 11 128 Page: 2 of 8 GVHSF Donations - Names only Service Item Date Receipt # User Quantity Fee Amt Disc Amt Tax Amt Net Fees GVHSF Donation 12/22/2021 121856 Kwiinikainen 1 40.00 0.00 0.00 40.00 Name Jim Elert 12/22/2021 121857 Kwiinikainen 1 20.00 0.00 0.00 20.00 Name Dwayne King 12/22/2021 121858 Kwiinikainen 1 50.00 0.00 0.00 50.00 Name Siri Maasch 12/22/2021 121859 Kwiinikainen 1 500.00 0.00 0.00 500.00 Name Debra Rappaport & Bob Zelle 12/22/2021 121863 Kwiinikainen 1 50.00 0.00 0.00 50.00 Name Stephen Pesavento 12/26/2021 122016 WWW 1 50.00 0.00 0.00 50.00 Name Richard Baker and Rebekah Anders 12/27/2021 122087 dostdiek 1 50.00 0.00 0.00 50.00 Name Alan Whidby 12/27/2021 122090 dostdiek 1 100.00 0.00 0.00 100.00 Name Anthony & Nina Angelis 12/27/2021 122091 dostdiek 1 100.00 0.00 0.00 100.00 Name Janice Paulsen 12/27/2021 122092 dostdiek 1 25.00 0.00 0.00 25.00 Name Harriet Swartz 12/27/2021 122096 dostdiek 1 40.00 0.00 0.00 40.00 Name Stephanie Landmark 12/29/2021 122322 dostdiek 1 100.00 0.00 0.00 100.00 Name Elizabeth & Lawrence Cramer 12/29/2021 122325 dostdiek 1 50.00 0.00 0.00 50.00 Name Thomas & Kathryn Skalitzky 12/29/2021 122326 dostdiek 1 118.00 0.00 0.00 118.00 Name Janet & Luke Weisberg 12/29/2021 122343 dostdiek 1 30.00 0.00 0.00 30.00 Name Scott & Helen Moser 12/29/2021 122346 dostdiek 1 20.00 0.00 0.00 20.00 Name Helen Stefan 12/29/2021 122348 dostdiek 1 30.00 0.00 0.00 30.00 Name Nancy Hannan 12/29/2021 122349 dostdiek 1 20.00 0.00 0.00 20.00 Name Barbara Bach 12/29/2021 122350 dostdiek 1 100.00 0.00 0.00 100.00 Name Larry Fonnest 12/31/2021 122611 WWW 1 100.00 0.00 0.00 100.00 Name John Armstrong 01/03/2022 122816 dostdiek 1 100.00 0.00 0.00 100.00 City of Golden Valley User: svansloun Run Date/Time: 12/12/2022 @ 11 129 Page: 3 of 8 GVHSF Donations - Names only Service Item Date Receipt # User Quantity Fee Amt Disc Amt Tax Amt Net Fees Name Samuel & Cecillia Salas GVHSF Donation 01/03/2022 122817 dostdiek 1 30.00 0.00 0.00 30.00 Name Susan Streitz & Mike Zlonis 01/03/2022 122818 dostdiek 1 25.00 0.00 0.00 25.00 Name Gene & Cathy Schlumpberger 01/03/2022 122819 dostdiek 1 50.00 0.00 0.00 50.00 Name Gary Cohen 01/03/2022 122820 dostdiek 1 30.00 0.00 0.00 30.00 Name Trudy Hoag 01/03/2022 122850 Kwiinikainen 1 100.00 0.00 0.00 100.00 Name Bob and Mary Shaffer 01/03/2022 122851 Kwiinikainen 1 150.00 0.00 0.00 150.00 Name Tom and Virginia Ham 01/03/2022 122856 Kwiinikainen 1 25.00 0.00 0.00 25.00 Name Sue and Paul Schneck 01/04/2022 122914 Kwiinikainen 1 20.00 0.00 0.00 20.00 Name Martin Virshek 01/05/2022 122975 Kwiinikainen 1 30.00 0.00 0.00 30.00 Name Richard and Helen Siegel 01/05/2022 122976 Kwiinikainen 1 30.00 0.00 0.00 30.00 Name Don Mleziza 01/05/2022 122980 Kwiinikainen 1 100.00 0.00 0.00 100.00 Name John Cordes/London Chimney Swee 01/06/2022 123030 dostdiek 1 30.00 0.00 0.00 30.00 Name Ruth & Jonathan Paradise 01/06/2022 123043 Kwiinikainen 1 100.00 0.00 0.00 100.00 Name Charles Jacob 01/06/2022 123044 Kwiinikainen 1 50.00 0.00 0.00 50.00 Name Carol Turbenson 01/10/2022 123433 dostdiek 1 40.00 0.00 0.00 40.00 Name Ross Daml 01/11/2022 123499 dostdiek 1 20.00 0.00 0.00 20.00 Name Lois Ann Zenk 01/13/2022 123677 Kwiinikainen 1 100.00 0.00 0.00 100.00 Name Jane and Michael Pellizzer 01/14/2022 123745 Kwiinikainen 1 15.00 0.00 0.00 15.00 Name Tim and Natalie Rice 01/20/2022 124182 dostdiek 1 50.00 0.00 0.00 50.00 Name Doris Thimmesh 01/20/2022 124183 dostdiek 1 30.00 0.00 0.00 30.00 Name Mary Quirk City of Golden Valley User: svansloun Run Date/Time: 12/12/2022 @ 11 130 Page: 4 of 8 GVHSF Donations - Names only Service Item Date Receipt # User Quantity Fee Amt Disc Amt Tax Amt Net Fees GVHSF Donation 01/24/2022 124509 dostdiek 1 100.00 0.00 0.00 100.00 Name Suzanne Kelley 01/26/2022 124695 dostdiek 1 20.00 0.00 0.00 20.00 Name Sharon Buckner 02/16/2022 126597 dostdiek 1 50.00 0.00 0.00 50.00 Name John & Veronica Niemi 03/02/2022 128087 dostdiek 1 10.00 0.00 0.00 10.00 Name Virginia & Homer Hauke 03/03/2022 128204 dostdiek 1 100.00 0.00 0.00 100.00 Name Janice Kleven 03/09/2022 128990 dostdiek 1 50.00 0.00 0.00 50.00 Name Patrick & Karen Kam 03/09/2022 129007 Kwiinikainen 1 25.00 0.00 0.00 25.00 Name Dawn Laine 03/09/2022 129009 Kwiinikainen 1 100.00 0.00 0.00 100.00 Name Patrick and Beth Lilja 03/10/2022 129094 dostdiek 1 30.00 0.00 0.00 30.00 Name Nick Bohrer 03/30/2022 132022 Kwiinikainen 1 50.00 0.00 0.00 50.00 Name Bonnie Ostlund 04/06/2022 132948 dostdiek 1 25.00 0.00 0.00 25.00 Name Elaine Robashkin 04/11/2022 133507 Kwiinikainen 1 300.00 0.00 0.00 300.00 Name National Financial Services 05/06/2022 136392 dostdiek 1 30.00 0.00 0.00 30.00 Name Rebecca Kipp 05/16/2022 137065 dostdiek 1 45.00 0.00 0.00 45.00 Name Margaret Macneale 05/16/2022 137088 PNorton -1 -45.00 0.00 0.00 -45.00 Name Margaret Macneale 08/01/2022 141907 dostdiek 1 300.00 0.00 0.00 300.00 Name Wayne Keplinger 08/17/2022 143150 dostdiek 1 50.00 0.00 0.00 50.00 Name Ann & Dick Christiansen 10/13/2022 147007 Kwiinikainen 1 50.00 0.00 0.00 50.00 Name David & Maria Johnson 10/26/2022 148185 dostdiek 1 200.00 0.00 0.00 200.00 Name Steven Savitt 11/22/2022 151083 WWW 1 25.00 0.00 0.00 25.00 Name Daniel Makey 11/28/2022 151462 Kwiinikainen 1 200.00 0.00 0.00 200.00 Name David and Janet Berry City of Golden Valley User: svansloun Run Date/Time: 12/12/2022 @ 11 131 Page: 5 of 8 GVHSF Donations - Names only Service Item Date Receipt # User Quantity Fee Amt Disc Amt Tax Amt Net Fees GVHSF Donation 11/28/2022 151463 Kwiinikainen 1 50.00 0.00 0.00 50.00 Name James Forsyth 11/28/2022 151464 Kwiinikainen 1 20.00 0.00 0.00 20.00 Name Carol Aljadah 11/28/2022 151465 Kwiinikainen 1 20.00 0.00 0.00 20.00 Name Barbara Anderson 11/28/2022 151466 Kwiinikainen 1 100.00 0.00 0.00 100.00 Name Douglas and Patricia Spaulding 11/28/2022 151467 Kwiinikainen 1 100.00 0.00 0.00 100.00 Name Marilyn Ludwig 11/29/2022 151499 WWW 1 100.00 0.00 0.00 100.00 Name Donna & John Ostdiek 11/29/2022 151534 dostdiek 1 500.00 0.00 0.00 500.00 Name Ilo & Peggy Leppik 11/29/2022 151562 WWW 1 25.00 0.00 0.00 25.00 Name Shep Harris 11/29/2022 151563 WWW 1 25.00 0.00 0.00 25.00 Name Elvira Dreyshner 11/30/2022 151613 Kwiinikainen 1 50.00 0.00 0.00 50.00 Name Tou Thao 11/30/2022 151614 Kwiinikainen 1 50.00 0.00 0.00 50.00 Name Kristin Hillson 11/30/2022 151615 Kwiinikainen 1 30.00 0.00 0.00 30.00 Name Betty Brooking 11/30/2022 151616 Kwiinikainen 1 20.00 0.00 0.00 20.00 Name Pamela Doorenbos 11/30/2022 151618 Kwiinikainen 1 20.00 0.00 0.00 20.00 Name David & Lisa Louis 11/30/2022 151620 Kwiinikainen 1 100.00 0.00 0.00 100.00 Name Susan and Rich Miller 11/30/2022 151622 Kwiinikainen 1 10.00 0.00 0.00 10.00 Name Pierre Girard 11/30/2022 151623 Kwiinikainen 1 30.00 0.00 0.00 30.00 Name Barbara Bach 11/30/2022 151624 Kwiinikainen 1 20.00 0.00 0.00 20.00 Name Joann & Duwayne Kloos 11/30/2022 151625 Kwiinikainen 1 50.00 0.00 0.00 50.00 Name Harold Berman 11/30/2022 151626 Kwiinikainen 1 100.00 0.00 0.00 100.00 Name Bob & Mary Shaffer 11/30/2022 151627 Kwiinikainen 1 10.00 0.00 0.00 10.00 City of Golden Valley User: svansloun Run Date/Time: 12/12/2022 @ 11 132 Page: 6 of 8 GVHSF Donations - Names only Service Item Date Receipt # User Quantity Fee Amt Disc Amt Tax Amt Net Fees Name Lynn Hochhauser GVHSF Donation 11/30/2022 151628 Kwiinikainen 1 100.00 0.00 0.00 100.00 Name Jean Beach 11/30/2022 151629 Kwiinikainen 1 50.00 0.00 0.00 50.00 Name Sharon Korstad 11/30/2022 151630 Kwiinikainen 1 50.00 0.00 0.00 50.00 Name Kathleen Johnson 11/30/2022 151632 Kwiinikainen 1 30.00 0.00 0.00 30.00 Name Jennie and Howard Schwartz 12/01/2022 151713 Kwiinikainen 1 30.00 0.00 0.00 30.00 Name Gerald Lindskog 12/01/2022 151714 Kwiinikainen 1 50.00 0.00 0.00 50.00 Name Dan Johnson 12/02/2022 151827 Kwiinikainen 1 30.00 0.00 0.00 30.00 Name Stephen Robinson 12/02/2022 151828 Kwiinikainen 1 30.00 0.00 0.00 30.00 Name LuVerne and Dorothy Erickson 12/02/2022 151829 Kwiinikainen 1 50.00 0.00 0.00 50.00 Name Todd Grant 12/02/2022 151831 Kwiinikainen 1 25.00 0.00 0.00 25.00 Name John Feeney 12/02/2022 151832 Kwiinikainen 1 20.00 0.00 0.00 20.00 Name Delphine Arme 12/02/2022 151834 Kwiinikainen 1 20.00 0.00 0.00 20.00 Name Sandra and Bill Ritter 12/02/2022 151835 Kwiinikainen 1 10.00 0.00 0.00 10.00 Name Nadine Smith Ide 12/02/2022 151836 Kwiinikainen 1 50.00 0.00 0.00 50.00 Name Penny and Josh Burke 12/05/2022 152142 dostdiek 1 50.00 0.00 0.00 50.00 Name Gerald & Jean Martinson 12/05/2022 152143 dostdiek 1 20.00 0.00 0.00 20.00 Name Bruce Anderson 12/05/2022 152144 dostdiek 1 50.00 0.00 0.00 50.00 Name Brenda Doll 12/05/2022 152145 dostdiek 1 20.00 0.00 0.00 20.00 Name Les Bergh 12/05/2022 152149 dostdiek 1 100.00 0.00 0.00 100.00 Name Leo Furcht 12/05/2022 152225 Kwiinikainen 1 100.00 0.00 0.00 100.00 Name Bryan Rossi & Joan Kneekern City of Golden Valley User: svansloun Run Date/Time: 12/12/2022 @ 11 133 Page: 7 of 8 GVHSF Donations - Names only Service Item Date Receipt # User Quantity Fee Amt Disc Amt Tax Amt Net Fees GVHSF Donation 12/05/2022 152226 Kwiinikainen 1 50.00 0.00 0.00 50.00 Name Steven Shapiro 12/05/2022 152227 Kwiinikainen 1 300.00 0.00 0.00 300.00 Name Denise LaMere-Anderson 12/05/2022 152228 Kwiinikainen 1 25.00 0.00 0.00 25.00 Name Jean Seiter 12/05/2022 152229 Kwiinikainen 1 30.00 0.00 0.00 30.00 Name Joan Dorman 12/05/2022 152231 Kwiinikainen 1 20.00 0.00 0.00 20.00 Name Jean and Patrick Rainbow 12/05/2022 152232 Kwiinikainen 1 30.00 0.00 0.00 30.00 Name Martin Virshek 12/05/2022 152233 Kwiinikainen 1 30.00 0.00 0.00 30.00 Name Elaine Reiss 12/05/2022 152234 Kwiinikainen 1 20.00 0.00 0.00 20.00 Name Mr. and Mrs. Eiden 12/05/2022 152235 Kwiinikainen 1 30.00 0.00 0.00 30.00 Name David Beeson 12/06/2022 152292 dostdiek 1 200.00 0.00 0.00 200.00 Name Diana Swindler 12/06/2022 152293 dostdiek 1 100.00 0.00 0.00 100.00 Name Joe & Becky Pitzl 12/06/2022 152314 Kwiinikainen 1 25.00 0.00 0.00 25.00 Name Harriet Swartz 12/06/2022 152315 Kwiinikainen 1 15.00 0.00 0.00 15.00 Name Catherine McIntire 12/06/2022 152316 Kwiinikainen 1 75.00 0.00 0.00 75.00 Name Kathy Davis 12/07/2022 152366 dostdiek 1 20.00 0.00 0.00 20.00 Name Judy Kauffman 12/07/2022 152369 dostdiek 1 50.00 0.00 0.00 50.00 Name David Kuball 12/07/2022 152370 dostdiek 1 100.00 0.00 0.00 100.00 Name Barbara Courey 12/07/2022 152371 dostdiek 1 20.00 0.00 0.00 20.00 Name jOHN & kATHY wATKINS 12/07/2022 152385 Kwiinikainen 1 20.00 0.00 0.00 20.00 Name Dwayne King 12/08/2022 152486 Kwiinikainen 1 30.00 0.00 0.00 30.00 Name Steven Heller 12/08/2022 152487 Kwiinikainen 1 40.00 0.00 0.00 40.00 Name Gordon Beavers City of Golden Valley User: svansloun Run Date/Time: 12/12/2022 @ 11 134 Page: 8 of 8 GVHSF Donations - Names only Service Item Date Receipt # User Quantity Fee Amt Disc Amt Tax Amt Net Fees GVHSF Donation 12/08/2022 152488 Kwiinikainen 1 20.00 0.00 0.00 20.00 Name Susan Anderson 12/08/2022 152489 Kwiinikainen 1 200.00 0.00 0.00 200.00 Name Jackie Courtney 12/08/2022 152493 Kwiinikainen 1 100.00 0.00 0.00 100.00 Name Fred & Sandy Poferl 12/08/2022 152497 WWW 1 100.00 0.00 0.00 100.00 Name Martin Lipschultz 12/09/2022 152595 Kwiinikainen 1 500.00 0.00 0.00 500.00 Name Carolyn Fiterman 12/09/2022 152596 Kwiinikainen 1 50.00 0.00 0.00 50.00 Name Jessica Swenson 12/09/2022 152618 Kwiinikainen 1 20.00 0.00 0.00 20.00 Name Minhba Hoang 150 9,913.00 0.00 0.00 9,913.00 Report Grand Totals 150 9,913.00 0.00 0.00 9,913.00 Report Summary Totals Total Transactions: 152 Service Items with a Transaction: 1 City of Golden Valley User: svansloun Run Date/Time: 12/12/2022 @ 11 1 35 Page: 1 of 1 Noah Joynes Youth Recreation Fund Donations GVHSF Donations - Names only Service Item Date Receipt # User Quantity Fee Amt Disc Amt Tax Amt Net Fees Tax Deductible Donation For Noah Joynes 12/21/2021 121732 dostdiek 1 100.00 0.00 0.00 100.00 Name John Cornelius 03/07/2022 128704 WWW 1 50.00 0.00 0.00 50.00 Name Laura Lazowski 04/27/2022 135421 Kwiinikainen 1 100.00 0.00 0.00 100.00 Name Donald and Donna Taylor 08/29/2022 144309 WWW 1 25.00 0.00 0.00 25.00 Name Linden Weiswerda 10/21/2022 147890 WWW 1 360.00 0.00 0.00 360.00 Name Fred & Leslie Knight 11/15/2022 150289 dostdiek 1 100.00 0.00 0.00 100.00 Name John & Cathy Cornelius 11/15/2022 150290 dostdiek 1 100.00 0.00 0.00 100.00 Name Rick & Lisa Birno 12/06/2022 152262 dostdiek 1 2,475.00 0.00 0.00 2,475.00 Name Karen & Jack Ostrom 12/13/2022 153035 Kwiinikainen 1 1,555.00 0.00 0.00 1,555.00 Name Gotta Go Gotta Throw Inc. 9 4,865.00 0.00 0.00 4,865.00 Report Grand Totals 9 4,865.00 0.00 0.00 4,865.00 Report Summary Totals Total Transactions: Service Items with a Transaction: 9 1 City of Golden Valley User: svansloun Run Date/Time: 12/13/2022 @ 2 1 36 city of l[ T1VF " UARY golden x City Administration valle 763-512-2345 / 763-512-2344 (fax) Golden Valley City Council Meeting December 20, 2022 Agenda Item 3F. Approve 2023 City Calendar and Meeting Dates Prepared By Tara Olmo, Executive Assistant Summary Annually, the City Council approves the calendar for the upcoming year. Listed below are the meeting dates that have been moved to accommodate conflicts: • Tue, July 4th City Council Meeting moved to Wed, July 5th (Independence Day Observed) • Tue, Aug 1st City Council Meeting moved to Wed, Aug 2nd (National Night Out) • Tue, Nov 7th City Council Meeting moved to Wed, Nov 8th (Election Day) Legal Considerations N/A Equity Considerations N/A Recommended Action Motion to approve 2023 dates for the City calendar. Supporting Documents • 2023 Council Calendar 137 2023 CITY CALENDAR January 2023 2 Offices are closed (New Year's Day) 3 Council Meeting 10 Council Work Session 16 Offices are closed (Martin Luther King Day) 17 Council Meeting 24 Annual City Council Goals Session February 2023 7 Council Meeting 14 HRA Work Session 14 Council Work Session 20 Offices are closed (Presidents Day) 21 Council Meeting 28 Annual Joint Council & Boards/Commission Meeting March 2023 7 Council Meeting 14 Council Work Session 21 HRA Meeting 21 Council Meeting April 2023 4 Council Meeting 11 Special Council Meeting 11 Council Work Session 18 Special Council Meeting 18 Council Meeting Mav 2023 2 Council Meeting 9 HRA Work Session 9 Council Work Session 16 Council Meeting 29 Offices are closed (Memorial Day) June 2023 6 Council Meeting 13 Council Work Session 20 HRA Meeting 20 Council Meeting July 2023 4 Offices are closed (Independence Day) 5 Council Meeting 11 Council Work Session 18 Council Meeting Aueust 2023 2 Council Meeting 8 Special Council Meeting 8 HRA Work Session 8 Council Work Session 15 Council Meeting September 2023 4 Offices are closed (Labor Day) 5 Council Meeting 12 Council Work Session 19 HRA Meeting 19 Council Meeting October 2023 3 Council Meeting 10 Council Work Session 17 Council Meeting November 2023 8 Council Meeting 10 Offices are closed (Veteran's Day) 14 Special Council Meeting 14 HRA Work Session 14 Council Work Session 21 Council Meeting 23-24 Offices are closed (Thanksgiving) December 2023 5 HRA Meeting 5 Council Meeting 12 Council Work Session 19 Council Meeting 25-26 Offices are closed (Christmas observed) 138 city of O TIVF " UARY golden x City Administration valle 763-512-2345 / 763-512-2344 (fax) Golden Valley City Council Work Session December 20, 2022 Agenda Item 3G. Adopt Resolution No. 22-117 Approving 2023 Council Appointments, Assignments, and Reimbursements Prepared By Timothy Cruikshank, City Manager Summary Each year, the City Council appoints its members and staff to fill several roles required by statute. Additionally, the Council appoints its members to serve as representatives on various assignments. The 2023 proposed appointments are as follows: 1. Acting Mayor. Each year, the Council must appoint an Acting Mayor to fulfill the duties of Mayor during the disability or absence of the Mayor. (Minn. Stat. § 412.121.) This duty has historically been rotated. Listed below is the history of Mayor Pro Tern appointments: • 2017 — Schmidgall • 2018 — Fonnest • 2019 — Clausen • 2020 — Rosenquist • 2021 — Sanberg • 2022 — M. Harris • 2023 — La Mere -Anderson 2. Assistant Weed Inspector. Under Minnesota Statute, the Mayor acts as the weed inspector for the City. Each year, the City appoints assistant weed inspectors (Minn. Stat. § 18.80, subd. 3) to carry out the duties of weed inspector. Historically, employees of the Fire Department, Parks and Recreation Department and the City Forester have filled this role. The proposed assistant weed inspectors for 2023 are: • Chris Sorheim, Fire/Property Maintenance Specialist • Jake Dashiell, Fire/Property Maintenance Specialist • Al Lundstrom, Park Supervisor • Tim Teynor, City Forester 3. Board and Commission Liaisons. Each year, the Council appoints one Council Member to act as a liaison to each Board and Commission. The Proposed Board and Commission Liaisons for 2023 are as 139 follows: • Board of Zoning Appeals — Rosenquist • Environmental Commission —Sanberg • Community Services Commission — La Mere -Anderson • Open Space and Recreation Commission — Harris, M • Planning Commission — La Mere -Anderson • Diversity Equity & Inclusion Commission — Harris, M • Police Employment, Accountability & Community Engagement (PEACE) — Sanberg 4. Other Assignments. Each year, the Council assigns Council Members to serve as representatives on various other assignments. These appointments are for a one-year term. (Golden Valley City Code Section 2-43(b)) The proposed Council appointments for 2023 are as follows: • 169 Corridor Committee — Council Member Rosenquist • Beyond the Yellow Ribbon Campaign — Mayor Harris • Blue Line Now! Coalition — Mayor Harris (Delegate); Council Member Rosenquist (Alternate) • Bottineau Light Rail Community Works Steering Committee — Council Member Rosenquist • Golden Valley Business Council — Council Member Harris (Delegate); Mayor Harris (Alternate) • Golden Valley Historical Society Board — Council Member La Mere -Anderson • Highway 55 Bus Rapid Transit — Council Member Rosenquist • Hopkins School District 270 Caring Youth Committee — Council Member Sanberg • Hopkins School District 270 Cities Joint Meetings — Council Member Sanberg • Legislative Liaison and Spokesperson — Mayor Harris • METRO Blue Line Extension Corridor Management Committee — Mayor Harris (Delegate); Council Member Rosenquist (Alternate) • Metro Cities/LMC —Varies • Minneapolis Park and Recreation Board Committee — Council Member Rosenquist (Delegate); Mayor Harris (Alternate) • Minneapolis Regional Chamber of Commerce — Council Member Harris • Minneapolis Water Advisory Board — Mayor Harris • Municipal Legislative Commission — Mayor Harris (Delegate); Council Member Harris (Alternate) • Northwest Suburbs Cable Communications/ CCX — Council Member Sanberg • Quarterly Golden Valley Police Department Committee — Mayor Harris (Regular Representative); 1 Council Member rotated quarterly • Regional Council of Mayors — Mayor Harris • Robbinsdale School District 281 Government Advisory Committee — Council Member Sanberg • Sochacki Park Governance Policy Board — Council Member Rosenquist (Delegate); Mayor Harris (Alternate) S. Discover St. Louis Park. Periodically, the City Council appoints a representative to the Discover St. Louis Park Board (the Saint Louis Park Visitors and Convention Bureau). Historically, this role has been filled by the City Manager. The proposed appointment to DSLP for 2023 is as follows: • Discover St. Louis Park Board — City Manager Cruikshank Financial or Budget Considerations Under City Code, Section 2-43, the Mayor and Council are paid $50 for each meeting they are directed 140 or designated to attend, up to a maximum of $150 per month. Where a delegate and alternate are appointed, the delegate is eligible for payment for all meetings they attend. The alternate is eligible for payment for all meetings they attend that the delegate does not attend. The Ordinance requires the Council to outline the method for approval of meetings by resolution. Legal Considerations This item does not require legal review. Equity Considerations The City recognizes the historical and present disparities perpetuated by its structures, policies, and procedures burdened by different communities, particularly within Black, Indigenous and People of Color communities. The City Council is dedicated to examining practices and frameworks to dismantle inequity and barriers. While serving as liaisons and delegates to various boards, commissions, and committees, the Council is mindful to view their assignments through an equity lens. The City Council provides input to these committees and are aware of the impact their directives can have in dismantling barriers, providing resources, and enhancing opportunities for all residents and visitors to the City of Golden Valley. Recommended Action Motion to Adopt Resolution No. 22-117 Approving 2023 Council Appointments, Assignments, and Reimbursements Supporting Documents • Resolution No. 22-117 - appointments, assignments, reimbursements 141 RESOLUTION NO. 22-117 RESOLUTION FOR APPROVAL OF ADDITIONAL ASSIGNMENTS AND MEETINGS PAYMENT ATTENDED BY THE MAYOR AND COUNCIL WHEREAS, each year the City Council assigns Council Members to serve as representatives on various Committees and Subcommittees; and WHEREAS, Golden Valley City Code Section 2-43(b) states "In addition to their salaries, the Mayor and Council shall be paid $50 for each meeting they are directed or designated to attend, up to a maximum of $150 per month. The method for approval of meetings shall be outlined by resolution of the Council"; and WHEREAS, at the December 20, 2022, City Council meeting, the Council approved assignments to the following: • 169 Corridor Committee • Beyond the Yellow Ribbon Campaign • Blue Line Now! Coalition • Bottineau Light Rail Community Works Steering Committee • Golden Valley Business Council • Golden Valley Historical Society Board • Highway 55 Bus Rapid Transit • Hopkins School District 270 Caring Youth Committee • Hopkins School District 270 Cities Joint Meetings • League of Minnesota Cities • Legislative Liaison and Spokesperson • METRO Blue Line Extension Corridor Management Committee • Metro Cities • Minneapolis Park and Recreation Board Committee • Minneapolis Regional Chamber of Commerce • Minneapolis Water Advisory Board • Municipal Legislative Commission • Northwest Suburbs Cable Communications/ CCX • Quarterly Golden Valley Police Department Committee • Regional Council of Mayors • Robbinsdale School District 281 Government Advisory Committee Sochacki Park Governance Policy Board NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Golden Valley that it hereby approves payment to the Mayor and Council for attendance at the above listed meetings pursuant to City Code Section 2-43(b) and that payment shall be made upon submission of proof of attendance at the meeting to the City Manager. Where a delegate and alternate are appointed, the delegate is eligible to be paid for all meetings they attend. The alternate is eligible for payment for all meetings they attend that the delegate does not attend. Adopted by the City Council of Golden Valley, Minnesota this 20th day of December 2022. Shepard M. Harris, Mayor ATTEST: Theresa Schyma, City Clerk 142 pity °f l[ JTIVE SUMMARY golden Val Human Resources 763-512-2345 / 763-512-2344 (fax) Golden Valley City Council Meeting December 20, 2022 Agenda Item 3H. Adopt Resolution No. 22-118 Approving Amendment to Employee Handbook Prepared By Kirsten Santelices, Deputy City Manager/Human Resources Director Summary To ensure compliance with state and federal laws, and provide infrastructure to support employees in the workplace, City staff regularly review the Employee Handbook and propose adjustments to policies and procedures. Each year the City Council reviews proposed handbook changes. City staff have proposed minimal changes to the 2023 handbook, which includes updating the floating holiday policy. No other policy changes are recommended, though staff have made minor language changes, including adding a definition of "safety sensitive functions" to the definitions section of the handbook. Any changes will be effective January 1, 2023. Additionally, the City is currently in negotiations with four bargaining units. As such, upon completion of the negotiations, the Public Safety PTO Accrual table may be updated to reflect the additional floating holiday. Financial or Budget Considerations The City Council approved the concept of adding a floating holiday through the 2023 budget process. Legal Considerations The proposed handbook change was reviewed by the City Attorney. In addition, the City is closed for business for all holidays listed in state statute. Adding a floating holiday does not impact this schedule. Equity Considerations To exemplify the City's commitment to an inclusive work environment, an internal employee group, the Equity Advancement Team, proposed adding a floating holiday that will give employees the opportunity to take time off on a day of religious or cultural significance, where the City is not closed for business. City staff believe that Golden Valley is strongest when individuals feel comfortable embracing their full selves at work, which means creating space to honor and recognize holidays, traditions, and observances that may fall outside the City's standard holiday calendar. Examples include, but are not limited to: Juneteenth, Holi, Indigenous People's Day, National Coming Out Day, Diwali, Eid al-Fitr, Hanukkah, and Kwanzaa. 143 Recommended Action Motion to Adopt Resolution No. 22-118 Approving Amendment to Employee Handbook. Supporting Documents • Resolution No. 22-118 - Adopting Amended Employee Handbook • Employee Handbook - 2023 144 RESOLUTION NO. 22-118 RESOLUTION ADOPTING AMENDMENT TO EMPLOYEE HANDBOOK WHEREAS, a completely revised Employee Handbook was adopted by Resolution 11-81 on December 20, 2011 and dated January 1, 2012; amended by Resolution 12-24 on March 20, 2012; amended by Resolution 12-100 on December 18, 2012; amended by Resolution 13-65 on July 16, 2013; and amended by Resolution 17-19 on April 20, 2017; and amended by Resolution 17-85 on December 17, 2017; and amended by Resolution 18-87 on December 18, 2018; and amended by Resolution 19-75 on December 17, 2019; and amended by Resolution 20-81 on December 15, 2020; and Amended by Resolution 21-17 on April 6, 2021; and Amended by Resolution 21-46 on June 15, 2021, and Amended by Resolution 21-116 on December 21, 2021, and Amended policy by Resolution 22-063 on July 5, 2022, and WHEREAS, the Employee Handbook has been revised to include updated policies and procedures, including employee benefits, complying with state and federal laws, and updated language to reflect advice of legal counsel in a manner that involves providing employees with an updated handbook; and WHEREAS, the above -referenced amendments will become effective as of January 1, 2023. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Golden Valley that the amendments to the "City of Golden Valley Employee Handbook" dated January 1, 2023 is hereby adopted, and the revised policies supersede all previously adopted policies and procedures except those contained in approved union contracts. Adopted by the City Council of Golden Valley, Minnesota this 201" day of December, 2022. Shepard M. Harris, Mayor ATTEST: Theresa J. Schyma, City Clerk 145 employee HANDBOOK A guide to the personnel policies of the City of Golden Valley This handbook, dated July 5, 2022, supersedes and replaces all prior versions. TABLE Of CONTENTS Section 1.0 Introduction Scope.................................................................................................................................................................. 9 Data Privacy And Personnel Records.................................................................................................................9 Section 2.0 Resaectful Workplace Equal Employment Opportunity (EEO) Policy Statement.............................................................................. 12 Accommodations For Disabilities.................................................................................................................... 12 Accommodations For Pregnancy And Nursing Mothers................................................................................12 Accommodations For Religious Practice..........................................................................................................12 RespectfulWorkplace Policy........................................................................................................................... 12 Reporting Violations Of This Policy..................................................................................................................15 NoRetaliation.................................................................................................................................................. 16 Section 3.0 Recruitment And Selection Recruitment..................................................................................................................................................... 18 Selection.......................................................................................................................................................... 19 Pre -Employment Screening............................................................................................................................. 19 ProbationaryPeriod........................................................................................................................................ 19 Employmentof Relatives................................................................................................................................ 20 Section 4.0 Tobacco. Drug. And Alcohol Polic SmokingAnd Tobacco Use...............................................................................................................................22 DrugAnd Alcohol Use......................................................................................................................................22 City's Employee Assistance Program.................................................................................................................22 Drug And Alcohol Testing For Employees Not Licensed By The DOT............................................................22 RightsOf Refusal............................................................................................................................................. 24 147 TABLE 0 f CONTENTS CostOf Required Testing..................................................................................................................................24 Right To Provide Information After Receiving Test Results............................................................................. 24 RightTo Confirmatory Retest..........................................................................................................................24 Drug And Alcohol Testing Policy For DOT Licensees...................................................................................... 25 ProhibitedConduct...........................................................................................................................................25 Pre -Employment Testing..................................................................................................................................26 Post -Accident Testing...................................................................................................................................... 26 Post -Accident Controlled Substance Testing...................................................................................................27 RandomTesting................................................................................................................................................27 ReasonableSuspicion...................................................................................................................................... 27 RefusalTo Submit............................................................................................................................................ 28 Costof Required Testing.................................................................................................................................. 28 Right To Confirmatory Retest/Dilute Specimens.............................................................................................28 Consequences For Engaging In Prohibited Conduct......................................................................................28 Section 5.0 Workalace Rules AppearanceAnd Dress....................................................................................................................................32 AttendanceAnd Absences.............................................................................................................................. 32 CitywideEmail Policy...................................................................................................................................... 33 External Communications................................................................................................................................ 33 TechnologyUse...............................................................................................................................................33 UseOf City Property........................................................................................................................................34 UseOf Mobile Devices..................................................................................................................................... 35 UseOf City Vehicle........................................................................................................................................... 36 148 TABLE Of CONTENTS Section 6.0 Code Of Conduct ConfidentialInformation..................................................................................................................................39 ConflictOf Interest.......................................................................................................................................... 39 Employee -To -Employee Solicitation................................................................................................................40 PoliticalActivity............................................................................................................................................... 40 PublicFunds....................................................................................................................................................40 Solicitation Or Receipt Of Gifts....................................................................................................................... 40 Section 7.0 Hours Of Work And Time Trackin CoreWork Hours............................................................................................................................................. 42 TimeTracking Procedures................................................................................................................................42 BreaksAnd Meals.............................................................................................................................................43 TravelTime...................................................................................................................................................... 43 Meeting Attendance, Standby Duty, And Emergency Call-Out......................................................................44 Flexible Work Arrangement Policy.................................................................................................................. 45 SevereWeather............................................................................................................................................... 47 Section 8.0 Compensation Job Classification And Pay Plan...................................................................................................................... 49 Compensation, Overtime, And Compensatory Time......................................................................................49 Payroll Policies And Procedures.......................................................................................................................50 Section 9.0 Employee Performance Management And Discipline Suspension........................................................................................................................................................ 53 DemotionOr Transfer..................................................................................................................................... 53 149 TABLE 0 f CONTENTS TerminationOf Employment.........................................................................................................................................53 GrievanceProcedure.........................................................................................................................................53 Section 10.0 Benefits CafeteriaPlan.................................................................................................................................................. 55 BenefitEligibility.............................................................................................................................................. 55 TuitionReimbursement...................................................................................................................................55 Miscellaneous.................................................................................................................................................. 56 Section 11.0 Employee Travel Conferences And Seminars............................................................................................................................ 58 TravelExpenses............................................................................................................................................... 58 Reimbursement Process................................................................................................................................. 59 Section 12.0 Exoenses EquipmentAnd Uniforms................................................................................................................................61 CityExpenses................................................................................................................................................... 61 Service Awards And Recognition.....................................................................................................................61 FoodAnd Meals...............................................................................................................................................61 MembershipsAnd Dues...................................................................................................................................61 Section 13.0 Holidays ScheduledHolidays.........................................................................................................................................63 FloatingHolidays............................................................................................................................................. 63 HolidayPay Eligibility....................................................................................................................................... 63 150 TABLE Of CONTENTS Section 14.0 Time Awav From Work Sick Leave And Vacation Leave For Employees Hired Before Jan 1, 2009......................................................65 Paid Time Off For Employees Hired On Or After Jan 1, 2009..........................................................................67 LeaveDonation................................................................................................................................................ 69 FamilyMedical Leave.......................................................................................................................................70 Pregnancy And Parenting Leave..................................................................................................................... 72 JuryAnd Witness Duty.................................................................................................................................... 73 FuneralLeave..................................................................................................................................................73 Military -Related Leave.....................................................................................................................................74 OtherLeaves.................................................................................................................................................... 74 OtherUnpaid Leave........................................................................................................................................ 75 Section 15.0 Safet Reporting Accidents And Illnesses................................................................................................................. 77 Compensation And Insurance Continuation....................................................................................................77 ReturnTo Work................................................................................................................................................ 78 Alternative Duty As A Reasonable Accommodation........................................................................................78 WorkplaceViolence..........................................................................................................................................78 PossessionOf Weapons.................................................................................................................................. 79 Reporting Workplace Violence.........................................................................................................................79 Workplace Emergency Situations................................................................................................................... 79 Section 16.0 Seoaration Benefits After Termination Of Employment..................................................................................................... 81 Paying Out Vacation Time And/Or PTO At Termination Of Employment........................................................ 81 Discharge......................................................................................................................................................... 81 Resignation...................................................................................................................................................... 82 151 TABLE 0 f CONTENTS Layoff............................................................................................................................................................... 82 References....................................................................................................................................................... 82 Section 17.0 Definitions 152 SECTION 1.0 introduction Scope Data Privacy And Personnel Records Erw QW , Q 111 A Z LT/A I ;, 153 Introduction This handbook is a guide to the policies and procedures that affect City employees. Please take time to read and become familiar with the information this handbook contains, and keep it in a convenient place for reference when questions arise. This version of the handbook supersedes and replaces all prior versions. The City reserves the right, in its sole discretion, to change or terminate any provision of this handbook or to add new provisions at any time without prior notification. This handbook does not contain all of the information employees will need during the course of employment. The City will provide information verbally and through various notices, and when there is a change in policy, will notify employees of updates to this handbook. It is impossible for this handbook to address every situation that may arise in the workplace. Employees of the City of Golden Valley are expected to exercise reasonable and proper judgment in all aspects of their employment. Employees should direct any questions about the handbook to Human Resources or their supervisor. At -Will Employment: Neither this handbook nor any of the City's policies are intended to be a contract between the City and its employees. The policies in this handbook may not be construed as contractual provisions. Employment is considered at -will, which means the employee or the City may choose to terminate the employment relationship at any time for any reason, subject to limitations imposed by law. Scope These policies apply to all employees of the City of Golden Valley. Except where specifically noted, these policies do not apply to: elected officials members of boards, commissions, and committees consultants and contractors volunteers Union Employees: With respect to employees whose positions are included in a collective bargaining unit, provisions of the applicable collective bargaining agreement pursuant to the Public Employment Labor Relations Act supersede these policies on any subject area covered by both the collective bargaining agreement and these policies. Union employees should always refer to their collective bargaining agreement. Union employees who have questions about any conflicts between this handbook and their collective bargaining agreement should contact Human Resources or their union representative. Furthermore, nothing in these policies is intended to conflict with any applicable provision of local, state, or federal law. If such a conflict arises, the City will abide by all local, state, and federal laws. Data Privacy And Employee Personnel Records The Minnesota Government Data Practices Act requires cities to release certain information to the public about current and former employees upon request. Some of the public information about an employee includes name, education and training, title and job description, dates of employment, honors and awards, work location, and work phone number. This law is subject to change, and any requests for information about employees should be directed to Human Resources. During the course of City employment, an employee will likely receive a request from the public to provide information that state law classifies as either private or confidential. The City maintains employee personnel data and information to administer employee benefits and payroll, to complete required federal and state reports, and to record employee work performance. Laws regarding data privacy 154 Introduction are strictly followed. Data is kept in individual employee files, payroll files, and computer files. These files are the property of the City. Employees have the right to know what data is retained, where it is kept, and how it is used. All employee data will be received, retained, and disseminated according to the Minnesota Government Data Practices Act. Files of employees who have separated from their employment with the City of Golden Valley are maintained in accordance with Minnesota records retention guidelines. Personnel Records Employees have the right to review their own personnel files during the City's regular business hours. Employees must make a written request for such a review, and may review their files once every six months during their employment and once per year after their separation from employment (for as long as the City maintains the personnel record). Current employees may request copies of their personnel file after reviewing the file; former employees may simply request a copy without prior review. The City will not charge employees for the cost of copies made pursuant to a valid request for review. If employees dispute information in their personnel file, and the City does not agree to revise or remove that information, the employee may submit a letter specifically identifying the disputed information and explaining the employee's position with respect to the disputed information. The City will include employee statements with their personnel files. The City will not retaliate against employees who exercise their rights under this policy. 155 SECTION 2.0 respectful workplace Eaual Emolovment Ormortunity (EEO) Policv Statement Accommodations For Disabilities .................................... Accommodations For Pregnancy And Nursing Mothers Accommodations For Religious Practice .......................... Respectful Workplace Policy ............................................ Reporting Violations Of This Policy .................................. NoRetaliation................................................................... 12 12 12 12 12 15 16 156 Respectful Workplace Equal Employment Opportunity (EEO) Policy Statement The City is committed to providing equal employment opportunity to all persons, in all areas of employment, including but not limited to recruitment, hiring, placement, promotion, demotion or transfer, layoff, recall, termination, rates of pay or other forms of compensation, or selection for training. All employment policies and practices will be nondiscriminatory in compliance with federal, state, and local laws. The City will not discriminate against any employee or job applicant on the basis of race, color, creed, religion, national origin, ancestry, gender, sexual orientation, gender identity or expression, marital status, disability, age, genetic information, familial status, veteran status, status with regard to public assistance, of any other protected class ("Protected Classes"). Accommodations For Disabilities The City will make reasonable accommodation for a qualified individual with a disability who requires such accommodation to perform the essential functions of his or her job. Employees who believe they are qualified individuals with a disability and need accommodations should contact Human Resources. The City will then engage in an interactive process to better understand each employee's needs in the context of the position and to determine what reasonable accommodations, including alternative duties, that may be made to address the disability. As part of that interactive process, the City may ask for information from a medical provider about the nature of the disability and the accommodations necessary to allow employees to perform the essential functions of their positions. Employees who do not meet the qualifications under the Americans with Disabilities Act may be eligible for alternative duties under the Alternative Duty Policy. Accommodations For Pregnancy And Nursing Mothers For employees with health conditions relating to pregnancy or childbirth, the City will provide reasonable workplace accommodations, such as but not limited to: more frequent unpaid restroom, food, and water breaks seating limits on lifting more than 20 Ibs temporary transfer to a less strenuous or hazardous position, should one be available Additionally, for one year after the birth of the child, the City will provide nursing mothers with reasonable paid break time and a suitable room to express milk for nursing the child. Contact Human Resources for more information. Accommodations For Religious Practice The City values the diversity of its employees and recognizes that employees may need accommodation to observe the practices of their religious tradition. Employees who require accommodation of their schedule or other aspects of their job for religious reasons should talk to Human Resources. The City will work with employees to determine reasonable ways to accommodate those practices. Respectful Workplace Policy The City is committed to maintaining a working environment that is free of offensive behavior and unlawful discrimination. The City embraces diversity and recognizes the rights of individuals to live their lives with dignity, free of discrimination, fear, violence, and hate. This policy is intended to inform all employees, volunteers, members of boards and commissions, and elected officials of their rights and obligations related to offensive behaviors, including harassment, discrimination, and retaliation. 157 Respectful Workplace All complaints of offensive behaviors will be taken seriously and followed through to resolution, and employees who file complaints will not be victimized for "whistle -blowing" or reporting others for inappropriate behavior. Scope This respectful workplace policy applies to all employees, volunteers, and elected and appointed officials of the City. Protection from offensive Behavior extends to management, employees, subordinates, clients, and customers, and it expands beyond the place of work to off -site and work -related social events. It is the responsibility of all employees and managers of the City to provide a healthy workplace environment to peers and co-workers, where all communication and interactions are marked by dignity and respect. Offensive Behavior Prohibited Offensive behavior has damaging consequences for the recipients of the behavior as well as observers and the organization as a whole. Discrimination and harassment on the basis of an individual's membership in a protected class or otherwise is prohibited and will not be tolerated. Employees and elected and appointed officials of the City are prohibited from engaging in any offensive behavior. Any employee or official who engages in offensive behavior is subject to consequences, up to and including termination. Expectations The City respects and values the diverse identities and life experiences each employee holds and will ensure well-being of employees and the stakeholders the City interacts with through its employees and officials. As such, employees are expected to: treat employees, volunteers, and stakeholders with respect and ensure all voices are being heard challenge internal assumptions and investigate internal bias that could interfere with inclusive and equitable engagement and behavior speak up when inequity in City policies, systems, programs, or services occur Acceptable And Healthy Workplace Behaviors Defined Acceptable and healthy workplace behaviors are any behaviors that promote respect, positivity, and civility in our workplace in alignment with the City Council's values (communication, innovation, inclusion, community, integrity, respect, courage, accountability) and Valley Values (positive attitude, open communication, teamwork, know-how, customer focus, and work/life balance). They include, but are not limited to: using respectful, supportive, and encouraging language in all interactions, no matter the subject of conversation questioning a peer's position on an issue politely rather than asserting your position is the right one listening to your peer's position with an open mind and approaching conflict with maturity and true desire for resolution, rather than as a fight or opportunity to belittle a co-worker giving peers direct, non -personal feedback as opposed to criticism respecting each other as adults and trusting each other's decision -making abilities, expressing appreciation when a peer does something correctly and in a timely manner Offensive Behavior Defined Offensive behavior means behavior that causes or is likely to cause harassment, alarm, or distress to one or more other persons. Offensive behavior includes but is not limited to violence, intimidation, objectionable or threatening conduct, statements, epithets, slurs, graffiti, jokes, pranks, innuendos, anonymous notes, or any other conduct that is critical, hostile, offensive, or in any way otherwise objectionable. Offensive behavior also includes illegal, immoral, or unethical conduct and negative or aggressive acts aimed at one or more individual 158 Respectful Workplace and causing them to feel hurt, embarrassed, incompetent, disrespected, anxious, or depressed, whether or not the behavior is because of an individual's membership in a protected class. Examples of offensive behavior include, but are not limited to:: use of threatening or abusive language or profanity conduct or language that is intended to be, or is perceived by others to be, demeaning, berating, rude, threatening, intimidating, hostile, or offensive engaging in bullying, collusion, or hazing microaggressions making threats of violence, retribution, litigation, or financial harm shouting or engaging in other speech, conduct, or mannerisms that are reasonably perceived by others to be intimidating or harassing using racial or ethnic slurs demonstrating racial, gender, sexual orientation, or cultural bias making or telling denigrating jokes that are intended to be, or that are perceived by others to be, crude or offensive; teasing, name calling ridiculing or making someone the brunt of pranks or practical jokes using epithets, slurs, or negative stereotyping distributing or displaying electronic or written materials or messages that are abusive, profane, threatening, or defamatory ("offensive material") placing offensive material on walls or elsewhere on City premises, or circulating offensive material in the workplace using sarcasm or cynicism directed as a personal attack on others making unwanted or threatened inappropriate physical contact throwing tools, office equipment, or objects as an expression of anger, criticism, or threat, or in an otherwise disrespectful or abusive manner making comments or engaging in behavior that is untruthful or directed as a personal attack on the professional conduct of others retaliation filing a false or malicious claim against another individual engaging in any pattern of disruptive behavior or interaction that could interfere with the workplace or adversely impact the quality of services, programs, or the psychological health of another conditioning employment terms on submission to harassing conduct harassment in any form discriminatory behavior, which includes inappropriate remarks about or conduct related to an employee's race, color, creed, religion, national origin, disability, sex, marital status, age, sexual orientation, gender identity, status with regard to public assistance, Veteran's status, or any other reason protected by local, state, or federal law, ordinance or regulation sexual harassment, which means unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature where: submission to or rejection of such conduct is made either explicitly or implicitly a term or condition of any individual's employment or as a basis for employment decisions such conduct has the purpose or effect of unreasonably interfering with an individual's work performance or creating an intimidating, hostile, or offensive work environment 159 Respectful Workplace While it is not possible to list all circumstances that may constitute sexual harassment, the following are some examples of conduct that, if unwelcome, may constitute sexual harassment: unwanted sexual advances, whether they involve physical touching or not sexual epithets, jokes, written or oral references to sexual conduct, gossip regarding one's sex life, comments about an individual's body, or comments about an individual's sexual activity displaying sexually suggestive objects or images unwelcome leering, whistling, brushing up against the body, sexual gestures, or suggestive or insulting comments inquiries into one's sexual experiences discussion of one's sexual activities Management Responsibility Management, others in positions of authority, and workplace representatives have a particular responsibility to ensure healthy and appropriate behaviors are being exhibited at all times and that complaints to the contrary are addressed speedily. Management will: provide good examples by treating all with courtesy and respect promote awareness of this policy and how to follow the policy be vigilant for signs of inappropriate behaviors at work through observation and information seeking, and take action to resolve the behavior before it escalates deal sensitively with employees involved in a complaint, whether as complainant or alleged aggressor explain the procedures to be followed if a complaint of inappropriate behavior at work is made ensure that an employee making a complaint is not victimized for doing so, and seek resolution of such behavior if it occurs monitor and follow up on the situation after a complaint is made so as to prevent recurrence of the behavior inform Human Resources pursuant to the investigation process in this policy Employee Responsibility Employees can contribute to achieving a work environment that does not tolerate aggressive behavior at work. Employees should report what they see in the workplace as it relates to behaviors defined as unacceptable; employees are in a far better position than management to know what is happening with peers and co-workers. Employees should also co-operate with preventative measures introduced by management and recognize that a finding of unacceptable behaviors at work will be dealt with through appropriate disciplinary procedures. An employee making a false or malicious complaint not in good faith may also be subject to disciplinary action. Training Programs As part of its commitment to encouraging positive and healthy behaviors, the City offers training opportunities for all employees. Training includes, but is not limited to, factors that contribute to a welcoming environment, microaggressive and offensive behavior, and responsibilities under this policy. Reporting Violations Of This Policy Employees who have observed or believe others are being subjected to any form of offensive behavior, discrimination, retaliation, or any other violation of this policy by another employee of the City or by a non -employee, should immediately report such conduct to Human Resources or their immediate supervisor. The employee should submit this report in writing with sufficient detail for Human Resources to determine whether a policy was violated. Any supervisor who experiences, witnesses, or receives a written or oral complaint of violation of this policy must immediately report it to Human Resources. 160 Reports of violations of this policy will be promptly and carefully investigated. The Human Resources Director may involve the City's legal counsel in the investigation. If the City determines an individual violated this policy, the City may take disciplinary action, up to and including termination of employment, against the offending individual. The City will treat complaints of violations of this policy and the results of any investigation as confidential to the extent possible within the context of the investigation and Minnesota law. Complete confidentiality cannot be guaranteed, as revelation of some reported information might be necessary for a complete investigation. Elected Officials If a Council member is the alleged harasser, the report will be made to the City Manager and referred to an outside attorney who will undertake the necessary investigation. The outside attorney will report findings to the City Council, which will take the action it deems appropriate. Pending completion of the investigation, the City Manager may take appropriate action to protect the alleged victim, other employees, or citizens. If an elected or appointed city official (eg, Council member or commission member) is the victim of disrespectful workplace behavior, the City Manager will be consulted as to the appropriate course of action. Disclaimer The City is not voluntarily engaging in a dispute resolution process, as that term is defined in state statute, by adopting and enforcing this workplace policy. The filing of a complaint under this policy and any subsequent investigation by the City does not suspend the one-year statute of limitations period under the Minnesota Human Rights Act for bringing a civil action or for filing a charge with the Minnesota Department of Human Rights. No Retaliation The City will not retaliate against any employee for making a good -faith complaint of harassment or discrimination under this policy or participating in an investigation of a complaint made under this policy. Employees who feel they have been retaliated against for reporting a violation of this policy in good faith, or for participating in an investigation of conduct under this policy, should immediately report their concern to Human Resources or their supervisor. 161 SECTION 3.0 recruitment and selection Recruitment ........................ Selection ............................. Pre -Employment Screening Probationary Period........... Employment of Relatives... 18 19 19 19 20 162 Recruitment And Selection Recruitment Human Resources oversees recruitment processes to assure compliance with state and federal laws as well as City of Golden Valley policies. This includes job postings, advertisements, addendums to the application, and other recruitment materials. Job Postings Job postings will normally specify the title and salary of the positions, the nature of the work to be performed, the minimum and essential requirements of the position, the time and place to apply, the closing date for receiving applications, and other pertinent information. All postings will include the statement "Equal Opportunity Employer" or a similar statement that conveys the City's commitment to equal employment opportunity. When the City of Golden Valley recruits a position externally, the position will be advertised as deemed necessary, which may include selected newspapers, periodicals, newsletters, web pages, and/or through direct mailings. In addition, the City may post job openings with colleges, universities, vocational or technical schools, and organizations whose membership includes people with disabilities, minorities, and women in an effort to recruit a broader range of diverse and qualified applicants. Applications Applications for employment will be generally made online, or by an application form provided by the City. Other materials in lieu of a form application may be accepted in certain recruitment situations. To be considered for any position, all candidates must complete required application materials with signatures and ensure they are submitted by the application deadline. The application deadline may be extended by Human Resources. Testing and Examinations Applicants may be evaluated in one or more of the following ways: training and experience rating, written test, oral test or interview, performance or demonstrative test, physical agility test, or other appropriate job -related exam, as noted on the job posting and/or the job description. Interim or Acting Appointments Position vacancies may be filled on an "acting" basis as needed before filling a position through the normal process. The City Manager will approve all acting appointments for regular positions. If a current employee is appointed to an acting position and is later hired to fill the regular appointment, with no break in service in the new position, the effective date of the regular appointment will be considered the date on which the acting appointment was made. Pay rate adjustment for acting appointments will be determined by the City Manager. Promotions The City encourages promotion from within existing employee ranks whenever possible. Promotional opportunities may be offered on a competitive basis, or the City Manager may select an internal candidate. This does not preclude the City from recruitment and/ or selection of applicants outside the City of Golden Valley. This policy is not a waiver of job - related qualifications for the position, nor is it a guarantee of promotion or preference to existing employees. The City has the right to make the final hiring decision based on qualifications, abilities, experience, and other needs of the City of Golden Valley. Reinstatement Employees who have left City service in good standing are eligible for reinstatement. Under special circumstances, the City Manager may give credit for previous years of service to the City, for benefit accrual purposes. Veteran's Preference In the hiring process, the Minnesota Veterans Preference Act provides a preference for qualified veterans to recognize training and experience in the military services of the government and 163 Recruitment And Selection loyalty and sacrifice for the government are qualifications of merit that cannot be readily assessed by examination. Preference points are given to qualified veterans who meet the minimum qualifications for the job to increase the likelihood they will receive a job interview. For open, competitive positions, the City is required to evaluate job applications and assign veterans' preference points by using a training and experience rating. When the recruitment process results in no applications from qualified veterans, the City is not required to use the training and experience rating to evaluate application materials. Dishonesty in Hiring Process Any applicant who gives false or misleading information on an application, cheats on an examination, or falsifies a statement, certificate, or evaluation will not be considered for employment. Fraud or attempts to commit fraud will be cause for the City to refuse to hire an applicant or terminate an employee. Selection The City has the right to make the final hiring decision based on qualifications, abilities, experience, results of testing, interviews, exams, reference and/or background check data, and City of Golden Valley needs. The City has an appeal process in accordance with State Statute and City Code for disqualified applicants for employment. Reference Checks The City reserves the right to conduct reference checks for all employees before making a job offer. This may include inquiries into all statements contained on the application for employment or made during the selection and/ or interview processes. Pre -Employment Screening Background Checks All finalists for employment with the City will be subject to a background check to confirm information submitted as part of application materials and to assist in determining the candidate's suitability for the position. The City's criminal background check may include a State of Minnesota and/or Hennepin County criminal history check, a check for warrants for arrest, and driver's license check to ensure valid driver's license and status of driving record. Credit Checks Certain positions, such as in finance, public safety, or positions that handle cash, may require procurement of a consumer credit report as part of the background check. In these cases, the City will obtain the necessary authorizations and otherwise comply with federal and state law regarding credit checks. Pre -Employment Physicals/Testing Due to the nature of City employment, certain positions within the City may require candidates to undergo a pre -employment physical and/ or psychological testing, which may include testing for drugs and/or alcohol. Job notices will generally include notice of this requirement to inform candidates before they apply. Protocols for pre -employment testing of specific jobs are available from Human Resources. Physicals or psychological exams will only be conducted after a conditional offer of employment has been extended. If something in the applicant's physical and/or psychological exam makes them ineligible for employment, the City will withdraw the job offer at that time. When required, the medical exam will be conducted by a licensed physician designated by the City, with the cost of the exam paid for by the City. The physician will notify the City that the candidate either is or is not medically able to perform the essential functions of the job, with or without accommodations, and whether the candidate passed a drug test (if applicable). Probationary Period The City of Golden Valley requires all regular employees to serve a probationary period of employment. This includes new employees 164 Recruitment And Selection and anyone who is promoted, transferred, or demoted. During this time employees have the opportunity to show their ability to meet the standards of work performance while they get to know the job and co-workers. Performance is evaluated throughout the probationary period. As is true throughout the employment relationship, employees are at -will employees during their probationary period, which means that they may be transferred, demoted to another position, or dismissed without cause at any time and without advance notice. The probationary period is not guaranteed employment. All new regular employees and employees promoted to a position of greater responsibility will serve a one-year probationary period. Employees who transfer to an equivalent position within a different department, or employees demoted to a lesser position, voluntary or otherwise, will serve a six-month probationary period. Probation for an individual employee may be extended up to six additional months by the City Manager upon recommendation of the department head. Employment of Relatives For the purposes of this policy only, "relative" is defined as a spouse, sibling, parent, grandparent, child or grandchild and includes relatives by marriage (eg, sister-in-law or stepson).Due to the City's legitimate concerns regarding conflicts of interest and nepotism, the City will not consider an internal or external applicant for employment if: the applicant is a relative of a current elected official or a confidential employee as defined by State law the applicant's relative is a current employee of the City and has the authority to hire, supervise, evaluate the performance of, or discipline the position in which the person is seeking employment, or if the relative's position is classified as confidential This policy will not apply to relatives of elected officials or board or commission members who are elected after the employee has been hired by the City. 165 SECTION 4.0 tobacco, drug and alcohol policy SmoklnE And Tobacco Use DrugAnd Alcohol Use........................................................................ City's Employee Assistance Program .................................................. Drug And Alcohol Testing For Employees Not Licensed By The DOT Drug And Alcohol Testing Policy For DOT Licensees .......................... Right To Confirmatory Retest/Dilute Specimens ................................ 22 22 22 22 25 28 166 Tobacco, Drug, And Alcohol Policy Smoking And Tobacco Use All City buildings and vehicles, in their entirety, are tobacco -free, meaning that smoking in any form (including tobacco products such as pipes, cigars, and cigarettes) or vaping with e-cigarettes is prohibited. Tobacco -free areas include City facilities, parks, and vehicles. The City prohibits smoking of any kind, including pipes, cigars, cigarettes, vaping with e-cigarettes, and the use of chewing tobacco while employees are on duty. Employees who are age 21 and older may smoke only during their breaks and lunch and only in areas designated for that purpose. Drug And Alcohol Use Under this policy, "Illegal Drugs" is defined to include all controlled substances and all prescription and over-the-counter substances and medications that are used for a purpose for which they are not prescribed or intended. The City of Golden Valley has adopted the following policy on drugs and alcohol in the workplace: No employee may use, possess, manufacture, distribute, dispense, sell, transfer, or be impaired by Illegal Drugs or alcohol while the employee is working, while the employee is on call to return to work, or while the employee is on the City's premises or operating City vehicles, machinery, or equipment, except when engaged in approved law enforcement activity. An employee must notify the City in writing of any conviction for a violation of a criminal drug statute occurring in the workplace no later than five days after such conviction. This policy does not restrict employees' use of lawful consumable products during nonworking hours, nor the proper use of medications prescribed under supervision of a medical provider. Medical Cannabis No employee may use, possess, manufacture, distribute, dispense, sell, transfer, or be impaired by medical cannabis while the employee is working, while the employee is on call to return to work, or while the employee is on the City's premises or operating City vehicles. There is no exception for employees who are registered patients with valid prescriptions as authorized by state law. Employees legally using medical cannabis under state law are still subject to the City's drug and alcohol testing policy. Employees in safety - sensitive positions (such as operating machinery or vehicles) are prohibited from being under the influence of medical cannabis during work time or while on work premises. Employees who violate this policy will be subject to disciplinary action, up to and including termination, to the extent allowed by state law. City's Employee Assistance Program The City has a formal employee assistance program (EAP) to help employees address serious personal or work -related problems at any time. The City's EAP provides confidential, cost-free, short-term counseling to employees and their families. Employees who may have alcohol or other chemical dependency issues are encouraged to seek assistance before a problem affects their employment status. Drug And Alcohol Testing For Employees Not Licensed By The DOT City employees and applicants required to hold a commercial driver's license by the United States Department of Transportation (DOT) for their job will be tested under the City's Policy on Controlled Substance and Alcohol Testing for Commercial Drivers (the DOT Policy). All other employees and job applicants offered employment with the City must undergo testing as described by this policy. 167 Tobacco, Drug, And Alcohol Policy Under this policy, the City may test applicants to whom an offer of employment has been made and may test any employee if reasonable suspicion exists to do so or if the employee is referred by the City for chemical dependency evaluation or treatment. Pre -Employment Testing All regular (full-time and part-time) and paid on -call firefighter job applicants offered employment with the City receive the job offer dependent upon successful completion of a drug test, among other conditions. If the job offer is withdrawn based on drug test results, the City will inform the applicant of the reasons for the withdrawal. Refusing to take or failing the drug and alcohol test will result in a withdrawal of the offer of employment, even if the applicant's employment has begun. Temporary and seasonal employees are not subject to drug and alcohol testing, except those in safety -sensitive positions. Employees who left City employment and were subsequently rehired must undergo drug and alcohol testing if it has been at least one year from the date of their last drug screen as a City employee. Reasonable Suspicion Testing The City may require an employee to undergo drug and alcohol testing if there is a reasonable suspicion the employee: is under the influence of alcohol or a controlled substance has violated this policy by using, possessing, selling, or transferring drugs or alcohol while working, while on City property, or while operating City vehicles, machinery or any other type of equipment has sustained a personal injury or has caused another employee to sustain an injury or has caused a work -related accident or was operating or helping to operate machinery, equipment, or vehicles involved in a work - related accident Reasonable suspicion may be based on, but is not limited to, facts regarding appearance, behavior, speech, breath, odor, possession, proximity to or use of alcohol or a controlled substance or containers or paraphernalia, poor safety record, excessive absenteeism, impairment of job performance, or any other circumstances that would cause a reasonable employer to believe that a violation of the City's policies concerning alcohol or drugs may have occurred. These observations will be reflected in writing on a Reasonable Suspicion Record Form. The City will not discharge, discipline, discriminate against, or request or require rehabilitation of an employee based on a positive test result from an initial screening test that has not been verified by a confirmatory test. However, the City may temporarily suspend a tested employee with or without pay, or transfer that employee to another position at the same rate of pay pending the outcome of the requested confirmatory retest, provided the City believes it is reasonably necessary to protect the health or safety of the employee, co -employees, or the public. The employee will be asked to return home and will be provided appropriate arrangements for return transportation to his or her residence. An employee who has been suspended without pay will be reinstated with back pay if the outcome of the requested confirmatory retest is negative. A negative or positive dilute test result that is been confirmed following a second collection will also result in disciplinary action, up to and including termination. Treatment Program Testing The City may require an employee to undergo drug and alcohol testing if the employee has been referred by the City for chemical dependency treatment or evaluation, or 168 Tobacco, Drug, And Alcohol Policy is participating in a chemical dependency treatment program under an employee benefit plan. In such a case, the City may require the employee to undergo drug or alcohol testing without prior notice during the evaluation or treatment period and for a period of up to two years following completion of any prescribed chemical dependency treatment program. Rights Of Refusal Employees and job applicants have the right to refuse to submit to an alcohol or drug test under this policy. However, such a refusal will subject an employee to immediate termination. If an applicant refuses to submit to testing, any conditional offer of employment will be withdrawn. Any intentional act or omission by the employee or applicant that prevents the completion of the testing process constitutes a refusal to test. An applicant or employee who substitutes, or attempts to substitute, or alters, or attempts to alter, a testing sample is considered to have refused to take a drug and/or alcohol test. In such a case, the employee is subject to immediate termination of employment, and in the case of an applicant, the job offer will be immediately withdrawn. Refusal on Religious Grounds An employee or job applicant who, on religious grounds, refuses to undergo drug or alcohol testing of a blood sample will not be considered to have refused testing, unless the employee or job applicant also refuses to undergo drug or alcohol testing of a urine sample. Cost Of Required Testing The City will pay for the cost of all drug and alcohol testing required of all job applicants and employees, with the exception of confirmatory retests. Job applicants and employees are responsible for paying for all costs associated with any requested confirmatory retests. Right To Provide Information After Receiving Test Results Within three working days after notice of a positive controlled substance or alcohol test result on a confirmatory test, the employee or job applicant may submit information to the City to explain the positive result. If an employee submits information either before a test or within three working days after a positive test result that explains the positive test result, (such as legal prescriptions or over-the-counter medications the employee is properly taking), the City will not take an adverse employment action based on that confidential medical information unless the employee failed his or her affirmative duty to provide the information before, upon, or after hire. Right To Confirmatory Retest Ajob applicant or employee may request a confirmatory retest of the original sample at the job applicant's or employee's own expense after notice of a positive test result on a confirmatory test. Within five working days after notice of the confirmatory test result, the job applicant or employee must notify the City in writing of the job applicant's or employee's intention to obtain a confirmatory retest. Within three working days after receipt of the notice, the City will notify the original testing laboratory that the job applicant or employee has requested a confirmatory retest or transfer the sample to another qualified laboratory licensed to conduct the confirmatory retest. For job applicants, if the confirmatory retest does not confirm the original positive test result, the City will reinstate its job offer and reimburse the job applicant for the actual cost of the confirmatory retest. For employees, if the confirmatory retest does not confirm the original positive test result, the City will not take any adverse personnel action against the employee based on the original confirmatory test, will reinstate the employee 169 Tobacco, Drug, And Alcohol Policy with any lost wages or salary for time lost pending the outcome of the confirmatory retest result, and will reimburse the employee for the actual cost of the confirmatory retest. The first time an employee has a confirmed positive test result, the employee must complete drug/alcohol counseling or a rehabilitation program chosen by the City and paid for by the employee or the employee's benefits plan. If the employee refuses to enroll or fails to complete the counseling or rehabilitation program, the City may discipline the employee, up to and including termination. Employees who have two or more confirmed positive tests results are immediately subject to discipline, up to and including termination. Drug And Alcohol Testing Policy For DOT Licensees This policy implements the drug and alcohol testing requirements of the US Department of Transportation (DOT), Federal Motor Carrier Safety Administration (FMCSA). This policy applies to every City employee (full-time, part-time, and temporary/seasonal, etc) or applicant for employment (in the case of pre -employment drug testing) who holds a Commercial Driver's License (CDL) and who drives a Commercial Motor Vehicle (CMV). All employees are subject to testing whose job duties include performing safety -sensitive duties on City vehicles that: have a gross combination weight rating or gross combination weight of 26,001 pounds or more, whichever is greater, inclusive of a towed unit(s), with a gross vehicle weight rating or gross vehicle weight of more than 10,000 pounds, whichever is greater have a gross vehicle weight rating or gross vehicle weight of 26,001 or more pounds, whichever is greater are designed to transport 16 or more passengers, including the driver are of any size and are used in the transportation of materials found to be hazardous and which require the motor vehicle to be placarded under the Hazardous Materials Regulations Fire trucks and other emergency fire equipment are not considered to be commercial vehicles under this policy. Safety Sensitive Functions Employees are engaged in a safety -sensitive function while they are: waiting to be dispatched to drive a commercial motor vehicle inspecting, servicing, or conditioning a commercial motor vehicle driving at the controls of the commercial motor vehicle in or upon a commercial motor vehicle (except time spent resting in a sleeper berth) loading, unloading, or attending a commercial motor vehicle, giving or receiving receipts for shipments being loaded or unloaded, or remaining in readiness to operate the vehicle repairing, obtaining assistance, or attending to a disable commercial motor vehicle Prohibited Conduct The following conduct is explicitly prohibited: No driver may report for duty or remain on duty requiring the performance of safety - sensitive functions while having an alcohol concentration of 0.04 or greater. Drivers reporting for duty or remaining on duty to perform safety -sensitive functions while having an alcohol concentration of 0.02, but less than 0.04, will be removed from duty for 24 hours, escorted home, and placed on vacation leave/PTO for hours missed from work. No driver may use alcohol while performing safety -sensitive functions. 170 Tobacco, Drug, And Alcohol Policy No driver required to take a post -accident alcohol test may use alcohol for eight hours following the accident, or until the driver undergoes a post -accident alcohol test, whichever occurs first. No driver may perform safety -sensitive functions within four hours after using alcohol. Employees who have had alcohol within four hours are to notify their supervisors before performing any safety - sensitive functions. No driver may alter or attempt to alter a urine sample or breath -test. No driver may report for duty or remain on duty requiring the performance of safety -sensitive functions when using any controlled substance, except when the use is pursuant to the instructions of a licensed medical practitioner who has advised the driver in writing that the substance does not adversely affect the driver's ability to safely operate a commercial motor vehicle. Drivers must forward this information regarding therapeutic controlled substance use to the City immediately after receiving any such advice. Having a medical marijuana card and/or cannabis prescription does not allow anyone to use or possess that drug in the City's workplace. The federal government still classifies cannabis as an illegal drug. There is no acceptable concentration of marijuana metabolites in the urine or blood of an employee who performs safety -sensitive duties for the City. Employees are still subject to being tested under City policies, as well as to being disciplined, suspended, or terminated after testing positive for cannabis while at work. Pre -Employment Testing Any initial job offer, reassignment, or promotion to a position covered by this policy shall be contingent upon the existing employee or applicant: submitting to drug screening and receiving a negative drug test report prior to appointment to the new position authorizing the City to obtain past drug and alcohol test results and refusals to be tested from former employers within the preceding two years passing a DOT -required physical exam complying with any other conditions or requirements of which the City advises the employee or applicant at the time of the offer In addition to pre -employment controlled substance testing, applicants will be required to authorize in writing former employers to release alcohol test results of .04 or greater, positive controlled substance test results, refusals to test, other violations of drug and alcohol testing regulations, and completion of return - to -duty requirements within the preceding three years. The City will contact the candidate's DOT regulated previous and current employers within the last three years for drug and alcohol test results as referenced above, and review the testing history if feasible before the employee first performs safety -sensitive functions for the City. The City will not make any job appointment before test results are known. Any applicable conditional offer of employment will be withdrawn from a job applicant or employee seeking a transfer who refuses to be tested or tests positive for controlled substance pursuant to this policy. Post -Accident Testing As soon as possible following an accident involving a commercial motor vehicle, the City will test for alcohol and controlled substances in each surviving driver who was performing a safety sensitive function with respect to the vehicle if: the accident involved loss of human life the City driver (also referred to as employee) received a citation under state or local law for a moving traffic violation arising from the accident if the accident involved: 171 Tobacco, Drug, And Alcohol Policy bodily injury to a person who, as a result of the injury, immediately receives medical treatment away from the scene of the accident one or more motor vehicles incurring disabling damage as a result of the accident, requiring the motor vehicle to be transported away from the scene by a tow truck or other motor vehicle An employee involved in an accident that does not meet these requirements may wish to be tested on a voluntary basis. In this case, the test is considered a post -accident Non -DOT and the City will cover the expense of the test. Post -Accident Controlled Substance Testing Drivers are required to submit a urine sample for post -accident controlled substance testing as soon as possible. Post -Accident Alcohol Testing Drivers are required to submit to post -accident alcohol testing as soon as possible. After an accident, consuming alcohol is prohibited until the driver is tested. If the driver is not tested within two hours after the accident, the City will prepare and maintain on file a record stating why the test was not administered within that time. If eight hours have elapsed since the accident and the driver has not submitted to an alcohol test, the City will cease its attempts to test the driver and prepare and maintain on file a record stating why the test was not administered. The City may accept the results of a blood or breath test in place of an alcohol test and urine test for the use of controlled substances if: the tests are conducted by federal, state, or local officials having independent authority for the test the tests conform to applicable federal, state, or local testing requirements the test results can be obtained by the City Whenever such a test is conducted by a law enforcement officer, the driver must contact the City and immediately report the existence of the test, providing the name, badge number, and telephone number of the law enforcement officer who conducted the test. Random Testing Random drug/alcohol testing will be conducted in accordance with DOT -Federal Motor Carrier Safety Administration (FMCSA) drug testing regulations. If a driver is selected for a random test while he or she is absent, on leave, or away from work, that driver may be required to undergo the test when he or she returns to work. A driver who tests positive or refuses to submit to a test is medically unqualified to drive and/or perform any other safety -sensitive function. Reasonable Suspicion Reasonable suspicion may be based on, but is not limited to, facts regarding appearance, behavior, speech, breath, odor, possession, proximity to or use of alcohol or a controlled substance or containers or paraphernalia, poor safety record, excessive absenteeism, impairment of job performance, or any other circumstances that would cause a reasonable employer to believe that a violation of the City's policies concerning alcohol or drugs may have occurred. These observations will be reflected in writing on a Reasonable Suspicion Record Form within 24 hours of observation. Reasonable Suspicion Drug Testing Shall be administered as soon as possible after making a reasonable suspicion determination. Reasonable Suspicion Alcohol Testing This testing is authorized under this policy only if the observations are made just before performing, while performing, just after performing, or while in a state of readiness to perform safety sensitive functions that the driver is required to be in compliance. The employee will not be permitted back to the work site until the test results are known or until 24 hours have elapsed. The City shall not take any action 172 Tobacco, Drug, And Alcohol Policy against employees based solely on their behavior and appearance with respect to alcohol use, in the absence of an alcohol test (except that the employee may not be allowed to perform safety sensitive functions until 24 hours have elapsed). Refusal To Submit No applicant or driver may refuse to submit to pre -employment, post -accident, random, reasonable suspicion, or follow-up alcohol or controlled substance testing. In the event an applicant or driver does in fact refuse to submit to required alcohol or controlled substance testing, no test will be conducted. Refusal by a driver to submit to controlled substance or alcohol testing will be considered a positive test result, will cause disqualification from performing safety -sensitive functions, and may appear on the driver's permanent record. Drivers who refuse to submit to testing will be subject to discipline, up to and including termination. If an applicant refuses to submit to pre -employment controlled substance testing, any applicable conditional offer will be withdrawn. Cost Of Required Testing The City will pay for the cost of pre -employment, post -accident, random, and reasonable suspicion controlled substance and alcohol testing requested or required of all job applicants and employees. The driver must pay for the cost of all requested confirmatory re -tests, return -to - duty, and follow-up testing. Furthermore, the employee is responsible for cost of evaluation and rehabilitation (including services provided by the SAP), except to the extent that such expense is covered by an applicable employee benefit plan or imposed on the City pursuant to a collective bargaining agreement. Right To Confirmatory Retest/Dilute Specimens Within 72 hours after receiving notice of a positive controlled substance test result, an applicant or driver may request a confirmatory retest of the driver's split specimen. Action required by federal regulation as a result of a positive controlled substance test (eg, removal from safety -sensitive functions) will not be stayed during retesting of the split specimen. If the result of the confirmatory retest fails to reconfirm the presence of the controlled substance(s) or controlled substance metabolite(s) found in the primary specimen, or if the split specimen is unavailable, inadequate for testing, or untestable, the test will be canceled. If the City receives information that a driver has provided a dilute negative specimen, the City will direct a recollection under direct observation. Consequences For Engaging In Prohibited Conduct In evaluating and resolving problems associated with the misuse of alcohol and use of a controlled substance, the City will advise each driver who has engaged in conduct prohibited by federal law or has a positive alcohol or controlled substance test of the available resources, including the names, addresses, and telephone numbers of Substance Abuse Professionals (SAP) and counseling and treatment programs. The City will provide this SAP listing in writing at no cost to the driver. The City reserves the right to impose whatever discipline it deems appropriate in its sole discretion, up to and including termination, for a first occurrence against drivers who violate applicable FMCSA or DOT rules or this policy, subject to applicable personnel policies and collective bargaining agreements. Except as otherwise required by law, the City is not obligated to reinstate or requalify such drivers following a first positive confirmed controlled substance or alcohol test result. Return -To -Duty Testing Should the City consider reinstatement of a DOT covered driver, the driver must undergo a SAP evaluation and participate in any prescribed education/treatment, and successfully complete 173 Tobacco, Drug, And Alcohol Policy return -to -duty alcohol test with a result indicating an alcohol concentration of less than 0.02 and/or a controlled substance test with a verified negative result, before the driver returns to duty requiring the performance of a safety - sensitive function. The SAP determines if the driver has completed the education/treatment as prescribed. The controlled substance test will be conducted under direct observation. Follow -Up Testing If the driver passes the return -to -duty test, the City will ensure the driver is subject to unannounced follow-up alcohol and/or controlled substance testing. The number and frequency of such follow-up testing will be directed by the SAP and will consist of at least six tests in the first 12 months following the driver's return to duty. Follow-up testing will not exceed 60 months from the date of the driver's return to duty. The SAP may terminate the requirement for follow-up testing at any time after the first six tests have been administered, if the SAP determines such test is no longer necessary. The employee is responsible for paying for all costs associated with follow-up tests. Follow-up alcohol testing will be conducted only when the driver is performing safety -sensitive functions, or immediately before or after performing safety -sensitive functions. Signs And Symptoms The City has a vital interest in maintaining safe, healthful, and efficient working conditions for employees and recognizes that individuals who are impaired because of drugs and/or alcohol jeopardize the safety and health of other workers as well as themselves. Some of the most common physical, psychological, and behavioral signs and symptoms of drug or alcohol abuse are: poor coordination slurred speech impaired thinking memory impairment diverting energy from work, family, and social life in order to drink or use drugs being secretive about the extent of the alcohol abuse in order to protect it engaging in risky behavior, such as impaired driving being in denial about the extent of the alcohol abuse problem becoming distressed at the prospect of not having access to alcohol symptoms of withdrawal such as shaking, anxiety, irritability, confusion, fever, and rapid heartbeat Employees who have concerns about themselves or another employee may seek assistance from their immediate supervisor or human resources. The City will provide resources and intervene when necessary to assist an employee experiencing alcohol or drug abuse problems. The Drug And Alcohol Clearinghouse The Drug and Alcohol Clearinghouse (Clearinghouse) is an electronic database required by federal law (49 C.F.R. § 382, subp. B) and maintained by the Federal Motor Carrier Administration. The Clearinghouse contains records of violations of drug and alcohol prohibitions. The database includes positive drug or alcohol test results, refusals, and other drug and alcohol violations for drivers. When a driver completes the return -to -duty process, this information is also be recorded in the Clearinghouse. The City will conduct a query on each driver with the Clearinghouse when the driver is hired and once annually. All drivers must provide consent for this query. Drivers who refuse to provide consent will not be permitted to perform safety -sensitive functions, and their refusal will be reported to the Clearinghouse. The City will notify drivers if the query reveals a drug or alcohol program violation. Additionally, drivers 174 Tobacco, Drug, And Alcohol Policy who refuse to submit to testing will be subject to discipline, up to and including termination. Prohibition For Drivers The City will not allow a driver to perform any safety -sensitive functions if the results of a Clearinghouse query demonstrates that the driver: has a verified positive, adulterated, or substituted controlled substances test result has an alcohol confirmation test with a concentration of 0.04 or higher; has refused to submit to a test in violation of FMCSA regulations The City will not allow a driver to perform any safety -sensitive functions if the City has actual knowledge of a violation, as defined by FMCSA regulations, that the driver used alcohol on duty, used alcohol before duty, used alcohol following an accident, or used a controlled substance, except where a query of the Clearinghouse demonstrates: that the driver has successfully completed the SAP evaluation, referral, and education/ treatment process; achieves a negative return -to -duty test result; and completes the follow-up testing plan prescribed by the SAP if the driver has not completed all follow-up tests as prescribed by the SAP and specified in the SAP report, the driver has completed the SAP evaluation, referral, and education/ treatment process and achieves a negative return -to -duty test result, and City assumes the responsibility for managing the follow-up testing process associated with the testing violation Recordkeeping Required The City will retain a record of each query and all information received in response to each query for three years. Pre -Employment Checks The City will continue to conduct pre- employment checks with previous employers until the Clearinghouse has been in operation for three years (January 6, 2023). After three years of operation, the drug and alcohol background check required by FMCSA will be satisfied by querying the Clearinghouse. The City may still contact a driver's previous DOT -regulated employer for this information in its discretion. The City's Obligation To Report To The Clearinghouse The City is required to collect, maintain, and report personal information of applicants and drivers to the Clearinghouse under the following circumstances: an applicant or driver has a verified positive, adulterated, or substituted drug test result an applicant or driver has an alcohol confirmation test with a concentration of 0.04 or higher an applicant or driver refuses to submit to a drug or alcohol test an employer has actual knowledge that a driver has used alcohol or controlled substances, as defined at 49 C.F.R. § 382.107 an applicant or employee engages in on -duty alcohol use while performing safety -sensitive functions an applicant or employee engages in pre - duty alcohol use within four hours before performing a safety -sensitive function an applicant or employee engages in alcohol use following an accident a drug use pursuant an SAP reports the successful completion of the return -to -duty process the City receives a negative return -to -duty test for an employee; and an employee completes follow-up testing 175 SECTION 5.0 workplace rules Appearance And Dress..... Attendance And Absences Citywide Email Policy........ External Communications. Technology Use ................ Use Of City Property ......... Use Of Mobile Devices ...... Use Of City Vehicle............ 32 32 33 33 33 34 35 36 176 Workplace Rules Appearance And Dress It is the City's policy that each employee's dress, grooming, and personal hygiene should be appropriate to the work situation. Employees who have regular contact with the public must present in a manner acceptable for carrying out their daily responsibilities. Employees may dress in accordance with their gender identity, and they may dress and style their hair in a manner that expresses their individuality within the constraints of the dress codes adopted by the City. Certain employees may be required to meet special dress grooming and hygiene standards depending on the nature of their job. Clothing, jewelry, or other items that could present a safety hazard are not acceptable in the workplace. Establishment of departmental and/or division standards of dress for safety protocol is at the discretion of the supervisor and/or department head and with consultation of the City Manager or their designee. At its discretion, the City may allow employees to dress in a more casual fashion than is normal, such as allowing casual Fridays. On these occasions, employees still must present a tidy appearance and are not permitted to wear torn or disheveled clothing, athletic wear, or similarly inappropriate clothing. Employees are prohibited from wearing clothing or accessories with words, images, or phrases that violate the City's Respectful Workplace Policy, including profanity, hate speech, pornography, reference to drugs or alcohol, or can reasonably be construed as racist, lewd, or vulgar. Any employee who does not meet the standards of this policy will be required to take corrective action, which may include leaving the premises. Non-exempt employees will not be compensated for any work time missed because of failure to comply with this policy. As further explained in the Reasonable Accommodations policy, the City will reasonably accommodate a staff member's religious beliefs in terms of workplace attire unless the accommodation creates an undue hardship. Accommodation of religious beliefs in terms of attire may be difficult in light of safety issues for staff members. Those requesting a workplace attire accommodation based on religious beliefs must contact Human Resources. Uniforms Employees who are provided uniforms by the City are required to wear them during paid work time. Uniforms may not be used for any purpose other than City business and may not be worn during off -duty time. For more information on equipment and uniform expenses, see page 61. To provide a measure of security to customers, non -uniformed employees are expected to wear City -provided badges when entering businesses and residences while performing City business. Attendance And Absences Attendance Employees are expected to work the normal hours and minimum number of hours per week as established for their positions in their respective departments. If not detrimental to the performance of City activities, certain positions may be afforded a modified work schedule under the Flexible Workplace Program (see page 44). Absences Employees who are going to be absent from work are required to notify their supervisor in advance as soon as possible. In the event of an unexpected absence, employees should call their supervisor before the scheduled starting time and keep in mind the following procedures: If the supervisor is not available at the time, the employee should leave a voice mail message that includes a telephone number where the employee can be reached and/ or contact any other individual who was designated by the supervisor. Failure to use the established reporting process will be grounds for disciplinary action. 177 Workplace Rules The employee must call the supervisor on each day of an absence extending beyond one day unless arrangements otherwise have been made with the supervisor. Employees who are absent for three days or more and who do not report the absence in accordance with this policy will be considered to have voluntarily resigned not in good standing. The City may waive this rule if extenuating circumstances warranted such behavior. This policy does not preclude the City from administering discipline for unexcused absences of less than three days. Individual departments may establish more specific reporting procedures. Citywide Email Policy Mass email is an effective way to deliver appropriate and time -sensitive information that applies to or is important to the majority of the recipients. The City of Golden Valley uses email groups to deliver messages that meet one or more of the following criteria: alert city employees to situations about health and safety risks provide information essential to the operation or execution of business notify City employees about changes in governance, policy, practice, benefits, wellness, and employee engagement opportunities communicate important information from the City Manager, City Council, or other senior leadership The City prohibits any all -staff emails that are not in line with the City's mission, vision, and values. The City Manager, Deputy City Manager, and Department Heads may send city-wide emails that meet the criteria listed above. All other employees are prohibited from sending citywide email messages to all employees or to more than one employee group without prior authorization from their Department Head. On occasion, a Department Head may delegate authority to send employee emails related to health and safety risks or the execution of City business. Employees are prohibited from requesting replies to citywide emails without prior authorization. External Communications The City of Golden Valley strives to provide the public with accurate and timely information, communicated in a professional manner and in accordance with the laws regarding public information and data practices. This policy provides guidelines for external communications from the City. City Representation/Media Requests Employees may receive requests from the public for information. With the exception of routine events and basic information readily available to the public, the City prohibits employees from speaking or posting to social media on behalf of the City without prior authorization from the City Manager and designated communications staff. Beyond routine and public data, additional requests, including requests for information on City personnel, potential litigation, or official opinion on a City matter, must be forwarded to the City Manager and communications department. City employees who wish to share personal opinions must include the disclaimer: "These opinions/statements are my own. They are not the official position of the City of Golden Valley or the City elected body." Use of City Logo/Department Representations Employees must receive authorization by the City Manager or communications department before using or authorizing use of the City's logo and department representations. Employees are prohibited from using the City's logo and department representations for personal benefit or to benefit their outside employment. 178 Workplace Rules Social Media Use The City acknowledges and respects employees' rights to privacy and free speech, including activity conducted on personal time on personal social media networks. Employees have the right to use their personal social media to discuss the terms and conditions of their employment. Employees are prohibited from using their personal social media in any way that violates the City's Respectful Workplace Policy (such as engaging in harassing, discriminatory, or threatening posts) or any other City policy (such as representing the City's views without prior authorization). Employees may not create social media accounts using City email addresses, or create social media accounts using the City's name without prior authorization from the City Manager or communications staff. City employees who wish to share personal opinions must include the disclaimer: "These opinions/statements are my own. They are not the official position of the City of Golden Valley or the City elected body." Technology Use The City of Golden Valley provides a variety of electronic tools such as telephones, computers, facsimile (fax) machines, electronic mail (email) systems, and Internet access for employees. This policy governs access to and the appropriate use of City- provided electronic tools and technology at all times, including both work and non -work time, by City employees, consultants, contractors, council members, vendors, volunteers, interns, and other individuals granted access to or use of the Cities' electronic systems in any form or manner. As a member of the LOGIS Consortium, the City of Golden Valley must also adhere to the requirements and recommendations outlined with the LOGIS Members Security Policy. Security Unauthorized wireless access into the City's network is strictly prohibited. Employees are prohibited from installing any wireless computing device or access point equipment on City equipment or property. City users are required to abide by software and documentation copyright laws and licensing agreements. At no time should any users make copies of City -owned software and documentation. Furthermore, no City employee will be allowed to manipulate hardware and software standard configurations. Employees must adhere to additional security measures while working remotely under a Flexible Work Arrangement. No Expectation of Privacy All equipment provided for employees' use, and all documents, messages, files, data, postings, and other items received, sent, or created using City equipment, is property of the City. Employees have no expectation of privacy with respect to such equipment and materials. The City of Golden Valley strictly prohibits the forwarding of work -related email messages to personal e-mail accounts. Furthermore, employees on a leave of absence (including FMLA, ADA, short-term disability, or long-term disability) may not access City -email or City - drives without express permission of Human Resources or the City Manager. All public data received or sent from City -owned email accounts become property of the City of Golden Valley and could subject the personal email account and/or personal computer to an open records request. The City reserves the right to monitor any and all telephone, facsimile, email, and Internet activities that occur on City equipment, including those that may be of a personal nature, within the limits of and in accordance with applicable law. City - owned telephones, facsimile machines, email, and Internet systems and any and all software, data, or other information stored on a City - owned computer are the property of the City and may be monitored, read, examined, seized, or confiscated as necessary. City -owned property, including but not limited to locked/unlocked desk drawers and cabinets, vehicles, and equipment, may also be seized, confiscated, and/or searched as necessary. Outside of restrooms and changing facilities, employees have no expectation of privacy in 179 Workplace Rules the workplace. Employees should not expect any personal property that is maintained and/ or stored in City -owned property would remain private. Personal Use Employee access to and use of electronic tools such as email and the Internet is intended for business -related purposes. Outside of work time, employees may occasionally use the City's technology for personal email, social media, and web browsing. However, such personal use may not interfere in any way with the employee's performance, nor may it violate any policy in this handbook, such as the Respectful Workplace policy. Record Retention Data the City maintains electronically is government data and, as such, is subject to classification and access under the Minnesota Government Data Practices Act. Improper disposal may subject the employee and the agencyto legal sanctions and other administrative or legal consequences. Union Use In the interest of maintaining effective labor- management relationships and efficient use of City time and resources, City email systems may be used by employee representatives of the union for certain union activities, in accordance with provisions of applicable bargaining unit agreements and state and federal law. Use of City Property As stated under the Code of Conduct policy, no employee may use City -owned property, such as vehicles, equipment, or supplies, for personal convenience or profit, except when such property is available to the public generally or where such property is provided by specific City policy in the conduct of official City business. No personal business of any kind should be conducted during business hours. The City's equipment (including mobile devices, laptops, computers, or tablets) devices must not compromise the City's standards, values, or ordinances and cannot be used for illegal or inappropriate uses. Examples of illegal or inappropriate use include, but are not limited to, adult entertainment; sexually explicit material; political activities; material advocating intolerance or disrespect for other people, races or religions; activities that result in personal gain for a public employee; pirating of software; and copying copyrighted information. Use of City equipment for unlawful purposes, or use that is disruptive to the work place, may be cause for disciplinary action, including discharge. Any inappropriate use of phones may subject the employee to disciplinary action and require the employee to reimburse the City. Employees are responsible for safekeeping all City -owned equipment. All such equipment must be turned in and accounted for by any employee leaving employment with the City. Use of Mobile Devices This policy is intended to regulate the use of mobile devices within reasonable, practical parameters. This policy applies to all City employees, including full- and part-time staff, council members, seasonal employees, and paid or unpaid interns who use either City -owned or personally -owned devices to access, store, back up, relocate, or access any City data. This includes, but is not limited to, mobile/cellular phones, smart phones, portable drives, data cards, laptops, notebooks, and tablets. Employees using City -owned devices and/or personal devices for City business are required to follow all City policies and state laws, data retention requirements, and City -identified security standards. Non-exempt employees require prior authorization by their supervisor to conduct City business outside their designated work hours. 180 Workplace Rules This applies to City -owned or personal mobile devices and includes the acts of checking City email, working on City related documents, and other types of City related communication. City Devices The City Manager or designee will determine which positions/employees should have access to City -owned mobile devices and shall specify the level of access required. Final purchase approval will be made in accordance with the City's purchasing policies. Again, the City reserves the right to monitor the use of all mobile devices issued, and employees acknowledge they have no expectation of privacy when using City - owned mobile devices. City -owned mobile devices are intended for business use. Employees should have the equipment available during employee's business hours and established on -call times. Incidental personal calls or texts on City -owned mobile devices are acceptable. Frequent personal use that interferes with an employee's job functions is prohibited. Personal Devices Upon approval from the City Manager or designee, employees acting within the scope of their job responsibilities may request installation, configuration, and connection of a personally - owned mobile device to the City -owned network and/or computer. The connection of a personally - owned mobile device to the City's network infrastructure and/or computing systems without prior approval from the City Manager or designee is prohibited. The City of Golden Valley assumes no responsibility and/or liability for costs incurred for personally -owned mobile devices that are connected to or installed on City systems. This includes, but is not limited to, maintenance or upgrades of hardware or software for any purpose, licensing requirements, or as related to employee responsibility to comply with legal discover requests. The employee waives all liability claims against the City for any property or data loss that may occur as a result of the legal discovery process. Use of City Vehicles City employees are encouraged to make use of City vehicles whenever possible for City business. These vehicles are provided for the performance of employee responsibilities relating to job functions. When no City vehicle is available, employees will be reimbursed for using their own vehicles for City business at the IRS standard mileage rate. Mileage and Expense Report forms are available from the Finance Department. City vehicles are only to be used by employees conducting official City business and may not be used for personal business. Employees are expected to drive safely, obey all traffic laws, and limit use of cell phones while driving City vehicles or driving for City business. Employees who drive for City business must keep a clean driving record. Employees who are required to hold a valid driver's license as part of their job, or anyone assigned or authorized to use a City vehicle, must immediately report any suspension, revocation, or restrictions of their driver's license to their supervisor. The City may regularly obtain driver's license checks on all employees assigned or authorized to use City vehicles. The City has the right to revoke any employee's privilege to operate a City vehicle at any time. Upon approval by their department head and the City Manager, employees who have official City vehicles assigned to them may be authorized to keep the vehicles at their place of residence during non-scheduled hours. These vehicles may not be used for any personal business other than commuting between the residence and the City. Based on IRS regulations, use of a City vehicle for commuting purposes may subject the employee to additional income taxes, depending on the employee's position with the City. 181 Idling No City vehicle or piece of equipment is to be idled in a non -emergency situation. Vehicle idling is allowed as needed: in emergency vehicles at scenes where lights, PTOs, and/or other accessories are needed to accomplish the mission when passengers' safety or welfare would be compromised if the vehicle were not maintained at an adequate temperature in Police and Fire Department vehicles in accordance with the departmental guidelines in Public Works department vehicles needed for flooding skating rinks, protecting work zones with lights, as well as during repair of water main breaks, sandblasting, and inclement weather situations where heater/ defrosters may improve working conditions Accidents and Traffic Violations All accidents involving City vehicles or equipment must be reported to the police and the employee's supervisor immediately. The police will investigate the accident scene and prepare a report, if necessary. Employees will also be required to complete a City accident form. Any employee convicted of a traffic violation while traveling in a City vehicle or while on City business is responsible for payment of the associated fines. 182 SECTION 6.0 code of conduct Confidential Information .................. Conflict Of Interest ........................... Employee -To -Employee Solicitation. Political Activity ................................. Public Funds ...................................... Solicitation Or Receipt Of Gifts ........ 39 39 40 40 40 40 183 Code Of Conduct An employee's primary responsibility is to serve the residents of Golden Valley. Overall, employees should exhibit conduct that is ethical, professional, and responsive. Employees must act in the best interests of the City of Golden Valley, serving all persons fairly and equitably without regard to their own personal or financial benefit. The Code of Conduct establishes standards of conduct for all employees by setting forth acts or actions that are incompatible with the best interest of the City. Failure to follow this Code of Conduct may result in disciplinary action up to and including termination. City employees are required to: perform their assigned duties to the best of their ability at all times and to continually strive to improve their performance render prompt and courteous service to the public at all times read, understand, and comply with the rules and regulations as set forth in this handbook as well as those of their department conduct themselves with decorum toward both residents and staff and respond to inquiries and information requests with patience and every possible courtesy report all unsafe conditions to their immediate supervisor maintain good attendance Confidential Information During the course of their official duties, employees may have access to confidential information, as defined by the Minnesota Government Data Practices Act. Employees must not disclose confidential information to others or use it to further their personal interest. Conflict of Interest City employees are to remove themselves from situations in which they would have to take action or make a decision where that action or decision could be a perceived or actual conflict of interest, or could result in a personal benefit for themselves or a family member. If employees have any questions about whether such a conflict exists, they should consult with the City Manager. Holding Investments/Financial Interest The City requires employees to disclose any and all investments that might compromise the performance of their duties. The City also requires all employees to disqualify themselves from taking any action related to or influenced by their investments, except as permitted by statute. Where employees have a financial interest in any matter they are considering as part of their employment, such interest (if known) must be disclosed to the City Manager, and the employee shall be disqualified from further participation in the matter. Outside Employment The City of Golden Valley expects full-time employees to consider City work their primary employment. Prior to engaging in any outside employment, employees must submit a written request to, and receive approval from, their supervisor, department head, Human Resources Director, and the City Manager. Any other job must be compatible with the employee's role with the City without conflict of interest or schedule. The City does not tolerate or allow outside work that interferes with the efficient and effective performance of an employee's job duties and responsibilities. Examples of conflict - of -interest situations include those in which: an employee's official capacity with the City, or with the outside organization, may enable the employee to influence the securement of City business an employee accepts a paid or unpaid position elsewhere, where such activity interferes with the employee's duties and job performance at the City an employee may gain access to information not generally available to the public, which may allow the employee to directly or indirectly gain anything of value In the course of outside employment, the 184 Code Of Conduct employee may not use City equipment, resources, or staff, or receive compensation from another individual or employer for services performed during hours for which they are also being compensated by the City. Work performed for others while on approved vacation, PTO, or compensatory time is not a violation of this policy unless that work creates the appearance of a conflict of interest. Employee -to -Employee Solicitation Employee -to -employee solicitation on City property for products, services, or causes is limited to two weeks in length, to sign-up sheets or self -serve displays (no verbal presentations) in a break room/kitchen area/dining area, and during break/meal times (not during work time). Nothing in this policy is intended to interfere with employees' ability to discuss the terms and conditions of their employment. Political Activity City employees have the right to express their views and to pursue legitimate involvement in the political system. However, no City employee will directly or indirectly, during hours of employment, solicit or receive funds for political purposes. Further, any political activity in the workplace must be pre -approved by the City to avoid any conflict of interest or perception of bias, such as using authority or political influence to compel another employee to apply for or become a member in a political organization. For the purposes of this policy, the term "political organization" excludes unions. Public Funds No employee may use City public funds, equipment, or facilities for private gain or political campaign activities, unless such equipment and facilities are available for use by the general public. Solicitation or Receipt of Gifts Employees must not solicit or receive anything of value from any person or association, directly or indirectly. This means the City prohibits employees from accepting gifts, trinkets, or mementos valued at more than $5. Incidental items provided to public employees in the due course of business while attending conferences, seminars, and training sessions are exempt from this provision. Employees are prohibited from accepting cash in any amount. Employees may accept gifts and donations on behalf of the City in accordance with established policy, and these gifts will become property of the City. 185 SECTION 7.0 hours of work and time tracking Core Work Hours .............. Time Tracking Procedures Breaks And Meals............ Travel Timp ----------------------- Meeting Attendance, Standby Duty, And Emergency Call -Out Flexible Work Arrangement Policy Severe Weather 42 .42 43 43 .44 44 47 186 Hours Of Work And Time Tracking Core Work Hours The regular workweek consists of 40 hours, plus one-half hour per day of non-compensable time for lunch. Employees are expected to be in attendance during all scheduled hours of work. Typical City Hall hours are 8 am to 4:30 pm, Monday through Friday. Hours of service for other City facilities vary depending on the services performed by the department and/or division. Time Tracking Procedures Every non-exempt employee is responsible for accurately reporting time worked, rounded to the nearest 1/10th of an hour. The City of Golden Valley must keep an accurate record of time worked to calculate employee pay and benefits. Employees should clock in no sooner than 10 minutes before their scheduled shift and clock out no later than 10 minutes after their scheduled shift. Non-exempt employees are required to clock in and out for lunch breaks in addition to clocking in and out at the beginning and end of the work day. If an employee misses an entry into the timekeeping system, he or she must notify the supervisor as soon as possible. The City prohibits employees from working "off the clock." Non-exempt employees of Brookview Golf Course are required to use the time clock system to record their hours worked (automatically rounded to the nearest 1/10th of an hour) using the pin number provided to them by the City. This number acts to verify time reported in lieu of providing a handwritten signature on a timesheet. Employees who consistently miss time clock entries may be subject to disciplinary action. Non-exempt employees are permitted to work overtime only with prior authorization from the supervisor. Overtime includes clocking in early, late, or working through the scheduled lunch period. Non-exempt employees who work overtime without prior authorization will be subject to disciplinary procedures. 6 minutes 0.10 hours 12 minutes 0.20 hours 18 minutes 0.30 hours 24 minutes 0.40 hours 30 minutes 0.50 hours 36 minutes 0.60 hours 42 minutes 0.70 hours 48 minutes 0.80 hours 54 minutes 0.90 hours 60 minutes 1.00 hours Employees may not clock in or clock out for another employee. Altering, falsifying, tampering with time records, or recording time on another employee's time record may result in disciplinary action, up to and including termination of employment. Timesheets Full-time and part-time regular employees must submit electronic timesheets using the City payroll system by 9 am on Monday with the appropriate approvals from their supervisors. Employees cannot approve their own timesheets unless otherwise directed by their department head. Non -regular employees must complete the department -prescribed timesheet (paper or electronic). All paper timesheets and/or timecards must be completed in ink and signed by employees and their supervisors by 9 am on Monday. Any changes or errors should be crossed out and initialed by the employee and supervisor. In general, only supervisors designated by the department head can approve time sheets. In the event of a holiday, the Finance Department may request that all employees submit their timesheets at an earlier time. All timesheets will include the appropriate declaration under Minn. Stat. § 412.271, subd. 2. 187 Hours Of Work And Time Tracking Breaks And Meals The regular 40-hour week includes two separate paid 15-minute rest breaks during each work day, plus one-half hour per day of unpaid time for lunch. Lunch and rest breaks must be scheduled to ensure continuity of service and so a department is not left unattended during normal business hours. Rest Breaks If full-time employees request and receive prior approval from their department head and/or supervisor, the rest breaks may be combined and taken during the normal lunch break. If the work day exceeds eight hours, rest breaks are usually scheduled at the rate of one break for each four hours worked per day. Different departments may set different schedules for their employees to better meet the needs of the City. Regular part-time employees are provided one 15-minute rest break for each four hours of work time per day. Lunch/Meal Breaks The length of the workday cannot be shortened by eliminating rest breaks or lunch periods. However, certain positions may be afforded a modified lunch schedule under the Flexible Workplace Program. If a non-exempt employee (eligible for overtime pay) is required to work while eating or to take a lunch break of 20 minutes or less, the time will be considered "hours worked" and the employee will be paid for the one-half hour that is normally non- compensable time. Incidental interruptions do not qualify as working through a lunch break. Working through lunch must be authorized bythe supervisor and is not to be done at the employee's discretion. Travel Time Some non-exempt positions require travel in outstate Minnesota or out-of-state. Non-exempt employees may be paid for the time they spend traveling. Whether travel is paid work time depends upon the kind of travel and whether the travel time takes place within normal work hours or outside of normal work hours. Travel Time "Travel time" is time spent traveling, including the employee's drive to the airport or hotel, driving or flying to a destination, etc. Travel between home and work site or between the hotel and work site is considered normal commuting time and is not eligible for compensation. If an employee is traveling by air and no flights are available from or to the airport nearest the employee's residence, then travel between the employee's residence and the airport is considered travel time and is eligible for compensation during "normal work hours." If an employee requests a specific travel itinerary or mode of transportation that is different from the one authorized, only the estimated travel time associated with the itinerary and authorized mode of transportation will be eligible for compensation. Normal Work Hours For the purposes of this policy, "normal work hours" are defined as 8 am to 4:30 pm. This definition applies to normal workdays (Monday through Friday) and to weekends (Saturday and Sunday). Any portion of authorized travel time that takes place within normal work hours is treated as compensable work time and will be paid at the employee's regular hourly rate and factored into overtime calculations. Any portion of authorized travel time (with the exception of driving time) that takes place outside of normal work hours is considered to be outside travel hours. Travel time will not be counted Regular part-time employees with questions as compensable hours if traveling outside the about lunch and rest breaks should talk with their normal working hours. supervisor. Automobile Travel All authorized travel time spent driving an automobile (as the driver, not as a passenger) 188 Hours Of Work And Time Tracking is treated as work hours, regardless of whether the travel takes place within normal work hours or outside normal work hours. Employees will receive their regular hourly rate for all travel time spent as the driver of an automobile, and this time will be factored into overtime calculations. Travel as a passenger in an automobile is not automatically treated as work hours. Travel as a passenger in an automobile is treated the same as all other forms of travel, and compensation depends on whether the travel time takes place within normal work hours or outside of normal work hours. If an employee drives a car as a matter of personal preference when an authorized flight or other travel mode is available and the travel time by car would exceed that of the authorized mode, only the estimated travel time associated with the authorized mode will be eligible for compensation. Of course, all time spent actually working while traveling is compensable work time. For example, if the passenger in a car is working on a presentation while traveling outside of normal work hours to a conference, all time spent working on the presentation is compensable work time. Employees are responsible for accurately tracking, calculating, and reporting travel time on their time sheets in accordance with this policy. Meal periods should be deducted from all travel time. Meeting Attendance, Standby Duty, And Emergency Call -Out The City assigns non-exempt employees to perform various duties after hours, on weekends, and during holidays. Depending on the function and schedule requirements of individual positions within the City, these activities may qualify the employee for additional compensation or overtime pay. An employee who is not scheduled who responds to a problem on a weekend or holiday, or who must return to work for an "after-hours" meeting, will receive a minimum two hours of pay at one and one-half times their regular rate of pay in any week the employee's regular hours exceed 40. Supervisors may also modify the employee's work schedule to accommodate circumstances such as callout or meeting attendance. The supervisor shall provide the employee with as much notice as possible when his or her attendance is required outside of normal working hours. Non-exempt public works maintenance employees may be assigned to a weekly standby duty, wherein they are responsible for responding to after-hours service calls and other assigned duties. Employees receive six hours of straight time on the Saturday, Sunday, and any City -designated and observed holiday during the employee's scheduled standby duty. Employees who are scheduled for standby duty must abide by all of the following conditions: be reachable by standby telephone have capacity to report to work if called (for example, not under the influence of any drugs or alcohol) ensure appropriate response to all calls complete reports as required Employees scheduled for standby duty must follow the prescribed department procedures. Flexible Work Arrangement Policy The purpose of the City's Flexible Work Arrangement Policy (FWA) is to foster a positive, adaptable work environment that meets unique employee needs while continuing to provide quality services to customers, residents, and visitors. FWAs encourage strong communication and working relationships between employees and supervisors and empower employees to manage their work and personal responsibilities effectively through alternative work arrangements. A flexible work arrangement is a business strategy and not a benefit or right. Participation in this program does not change the basic terms and conditions of employment with the 189 Hours Of Work And Time Tracking City. All flexible work arrangements are subject to the City's Employment Rules, the Fair Labor Standards Act, and other relevant laws. FWAs are not appropriate for every position or employee at the City. Based on position requirements and employee performance and conduct, some employees may not be eligible for the flexible work arrangements under this policy. This policy establishes guidelines for the City's FWA, including types of FWAs, employee eligibility, policy conditions, and request process Types of Flexible Work Arrangements Flexible work arrangement requests are not the same as ad hoc arrangements or the occasional need for flexibility. FWAs generally last longer than two months and are a regular and predictable part of the employee's work schedule. The City offers three standard FWAs: Telework—Working from a location other than the employee's designated on -site work location (working from home). Flexible Work Schedule —Working hours are outside of core business hours of 8 am to 4:30 pm. Flexible work schedules do not reduce the total number of hours worked in a given workweek. Schedule options may include fixed starting or ending times that change periodically, starting and ending times that vary daily, and variations in the length of days. A flexible work schedule may also include a traditional 40-hour workweek condensed into fewer than five workdays. Job Sharing —Sharing workload and obligations of full-time position bytwo individuals. All FWAs are made on a case -by -case basis. Americans with Disability Act and Family Medical Leave Act Arrangement Employees experiencing a qualified disability under the Americans with Disabilities Act (ADA) may be eligible for one or more flexible work arrangements. Under this circumstance, the employee should follow the ADA Request Process and contact Human Resources. Other informal, short-term arrangements may be made for employees on family or medical leave to the extent practical for the employee and the organization and with the consent of the employee's health care provider, if appropriate. Under this process, employees must contact Human Resources. Ad Hoc Arrangements Department Heads may approve temporary teleworking or other flexible work arrangements for circumstances such as inclement weather, special projects, personal needs, or business travel. The Department Head may approve these arrangements on an as -needed basis, with no expectation of ongoing continuance. Under these arrangements, the employee must still follow all City policies. Employee Eligibility This policy applies to all non -union employees in the City of Golden Valley. Policy Conditions Any flexible work arrangement must meet the following criteria: Flexible work arrangements must meet the operational needs of the department, division, or work group. Employee performance expectations remain the same regardless of the employee's work schedule or location. Employees must follow all City policies, including but not limited to, Technology Use Policy, Code of Conduct, Respectful Workplace, and Drug and Alcohol policies. Flexible work arrangements must be in writing and must specify when the employee is expected to be present on -site. On occasion, a supervisor may require an employee who is on an approved FWA to work onsite to meet the needs of the department or work group. Flexible scheduling is limited to a two -week pay period and must follow the City's Hours of Work and Time Tracking Policy. 190 Flexible work arrangements are not guaranteed or permanent —they may change as the needs of the department, division, or work group change. The supervisor may temporarily adjust work schedule or location as needed to meet the operational needs of the work group, including meeting customer service needs. Teleworking Conditions Employees requesting a telework arrangement must meet the conditions set forth in this policy Work Environment The employee must establish an appropriate work environment within his or her home for work purposes. The City will not be responsible for costs associated with the setup of the employee's home office, such as remodeling, furniture, or lighting, nor for repairs or modifications to the home office space. If an employee is working 100 percent remotely, the City may reimburse the employee for business - related expenses, such as phone calls and shipping costs, as approved by the City Manager Employees are expected to be in a location where they can respond to work on site within a reasonable amount of time. Incidental arrangements outside of a reasonable distance may be approved by their supervisor as long as an employee working in a location outside of Minnesota understands and adheres to all tax implications of the state where they work. Employees must retain permanent resident status of Minnesota at all times while working remotely. Safety Employees must maintain their home workspace in a safe and ergonomically appropriate manner, free from safety hazards. The City will provide each employee with a safety checklist that the employee will complete twice per year. Injuries sustained by the employee in a home office location and in conjunction with his or her regular work duties are normally covered by the company's workers' compensation policy. Teleworking employees are responsible for notifying the employer of such injuries as soon as practicable. The employee is liable for any injuries sustained by visitors to his or her home worksite. Teleworking is not designed to be a replacement for appropriate childcare. Although an individual employee's schedule may be modified to accommodate childcare needs, the focus of the arrangement must remain on job performance and meeting business demands. Except under emergency situations or as temporary ad hoc arrangements, employees may not work 100 percent remotely. Equipment And Technology The City will provide standard equipment and technology required for employees to perform their job responsibilities. The City will not provide employees approved for teleworking arrangements additional equipment or property unless approved by the Department Head and IT Supervisor. Employees must sign an inventory of all City property and agree to take appropriate action to protect the items from damage or theft. Upon termination of employment, all City property must be returned to the City. Internet Access Employees that telework must have internet access with enough bandwidth to reliably connect to the City's VPN. Employees should contact IT if they need assistance determining the appropriate bandwidth for their specific needs. The City will not cover expenses for employee internet access. ITSupport The City will only maintain equipment supplied by the organization and will provide equipment support onlyat Cityfacilities. The IT Department will not provide on -site support at an employee's telework location. Employees may use additional equipment as needed. Equipment supplied by the employee must be deemed appropriate by 191 the organization and must be maintained by the employee. The City accepts no responsibility for damage or repairs to employee -owned equipment. The City reserves the right to make determinations as to appropriate equipment, subject to change at any time. Security Consistent with the organization's expectations of information security for employees working at the office, employees must ensure the protection of private data accessible from their teleworking office. Steps include the use of locked file cabinets and desks, regular password maintenance, and any other measures appropriate for the job and the environment. Employees are required to maintain the security of their City devices under the City's current Technology Use Policy. Time Worked Non-exempt teleworking employees are required to accurately record all hours worked using the City's time -keeping system. Hours worked in excess of those scheduled per day and per workweek require the advance approval of the telecommuter's supervisor. Failure to comply with this requirement may result in the immediate termination of the flexible work agreement. Request Process To request a FWA, an employee must complete the Flexible Work Arrangement Request Form and the Information Technology Form. The employee and supervisor should complete the Flexible Work Arrangement Form together and submit the form to the Department Head, Human Resources, and Information Technology for approval. The City will review each request individually and consider all of the conditions and guidelines of this policy. The Department Head and Human Resources will evaluate each request reviewing the following areas: Employee Performance —Assess the needs and work habits of the employee. Employees with unsatisfactory performance evaluations may not be approved for a FWA. Policy Conditions —The Department Head and Human Resources will ensure all policy conditions set forth in this policy are met under the FWA. Equipment Needs, Workspace Design Considerations, And Scheduling Issues — Review the scheduling of other department employees, the needs of the department, physical workspace needs, and the appropriate location for the telework (as applicable). Supervisors whose employees are operating under an approved FWA must communicate the arrangement with other staff in the department and periodically evaluate and update the Department Head. Employees denied a flexible work arrangement by the Department Head may appeal to the City Manager. Severe Weather City Hall offices and most other facilities will remain open during regularly scheduled hours regardless of weather conditions, unless otherwise authorized by the City Manager. When weather conditions prevent employees from reporting for regularly scheduled work assignments, or when weather conditions cause employees to leave work before the regularly scheduled time, a non-exempt employee will be paid only for those hours actually worked. Hours not worked can be: charged to vacation leave, paid time off, or compensatory time made up within the same workweek through supervisor -approved work Some employees may be provided transportation to and from their work sites by the City. Employees sent home early by order of the City Manager may be required to use accrued vacation leave, paid time off, or comp time. 192 SECTION 8.0 compensation Job Classification And Pay Plan Compensation, Overtime, And Compensatory Time Payroll Policies And Procedures 48 �'�CITY LDEN VALLI 49 50 193 Compensation Job Classification And Pay Plan The City maintains a job classification system for all positions in the City. The City Council reviews the job classification system and compensation grid (pay plan) at least once each year and may approve amendments and/ or changes as warranted. The job classification and compensation grid includes a minimum and maximum salary for each job classification. Job Descriptions Job descriptions formally document the primaryjob duties and requirements. When an employee's job duties change substantially, the employee may request a classification review through his or her supervisor. The City Manager will then authorize a new job evaluation as time permits. Compensation, Overtime, And Compensatory Time Starting Compensation Employees may be hired above Step 1 if warranted by their qualifications, market conditions, or other position -related criteria in the judgment of the City Manager in consultation with Human Resources and the department head. When this occurs, the employee will receive pay increases based on the normal length of time it takes to advance to the next step increase. Temporary Assignment Compensation From time to time, employees may be asked to take on significant additional responsibilities due to the position vacancy of their supervisor or to fill-in as an acting department head. When this occurs, the employee's pay will be adjusted commensurate with the additional responsibilities, though not all vacancies will cause an employee to receive an increase in pay Overtime Pay Unless otherwise specified by department or division memorandum, theworkweek for the City of Golden Valley starts at 12:01 am on Monday morning and ends at midnight on Sunday. Workdays begin at 12:01 am and end at midnight. Non -Exempt Non -Exempt employees who work in excess of the regular 40-hourworkweek will be compensated at one -and -one-half times their regular rate of pay. Overtime work must be approved in advance by the employee's supervisor, department head, or the City Manager. Hourly rates are determined by dividing the annual salary by 2,080 hours. All employees in all departments are required to work overtime as requested by their supervisors as a condition of continued employment. Refusal to work overtime may result in disciplinary action, up to and including discharge. Exempt Employees Exempt employees are not eligible for overtime compensation. Employees Employed at Recreational Establishments Non-exempt employees who work at certain recreational establishments are eligible for overtime compensation when they work more than 48 hours in a workweek. Compensatory Time Compensatory (comp) time is paid time off that is earned and accrued by an employee in lieu of immediate cash payment for statutory overtime hours. Eligible employees may use comp time in lieu of a cash payment for overtime. The City has established the following guidelines for accrual and use of comp time: Non-exempt employees may accrue a maximum of 60 hours of comp time during the fiscal year beginning after the last full pay period in October. Hours not used by the end of the last October pay period will be paid out. Employees earn comp time in one -hour increments. 194 Compensation Employees must use comp time in one -hour increments. Before earning overtime or using comp time, employees must receive prior authorization from their supervisor or department head. All comp time must be recorded on the City timesheets. Union Employees Union employees should consult their collective bargaining agreement for information regarding job classification, pay, compensation, overtime, and compensatory time. Payroll Policies And Procedures Paydays Payday is every other Friday. Wages are paid for the two -week period ending on the previous Sunday. When paydays fall on a holiday, checks are issued the last working day before the holiday. Generally, there are a total of 26 pay periods per year. However, there may be years when there are a total of 27 pay periods. Per the City's Hours Worked and Time Tracking policy, completed timesheets are due to payroll the Monday prior to the pay date. Direct Deposit The City mandates direct deposit of paychecks for all employees. Employees may direct deposit to checking or savings accounts at multiple financial institutions (banks or credit unions). Employees must designate a primary account but may also choose to deposit particular dollar amounts into secondary accounts. Enrollment forms and information can be obtained from Payroll or Human Resources. Payroll Deductions The City is required to deduct federal and state taxes, Social Security, and Medicare (with some exceptions) from employee paychecks. The City sends the amount collected to the appropriate state and federal government agency. The City is also required to deduct the employee's contribution to the Public Employees Retirement Association (PERA). Depending on the employee group, the City may also be required to make deductions for the Post -Employment Health Care Savings Plan through Minnesota State Retirement System (MSRS). The schedule for payroll deductions is shown on page 51. Final Paychecks Employees who voluntarily resign their employment typically receive their final paycheck on the first pay period following their last day of work unless requested by the employee. If the departing employee is eligible to be paid out accrued sick leave, vacation leave, and/ or paid time off, the City will make this payment within two weeks after the employee's last day of work. Employees should review the Separation Policy for more information on final paychecks. Wage Disclosure Notice Employees have the right to tell any person the amount of their own wages. No employee has the right to disclose another employee's wages. The City will not retaliate against employees for disclosing their own wages. Employees may bring a civil action and/or file a complaint with the Minnesota Department of Labor and Industry if they feel the City has violated this policy. 195 Compensation Taxes PERA MSRS Post -Employment Health Care Savings Plan (if applicable) Flexible Spending — Medical Expenses Flexible Spending— Dependent Care Limited Flexible Spending —Vision and Dental HSA Contributions Approved Charitable Contributions Medical Insurance Premiums VEBA (HRA Contributions) Dental Insurance Premiums Long -Term Care Insurance Premiums Supplemental Life and Dependent Insurance Supplemental Insurance (Colonial) Union Dues, Association Dues Every payroll First two payrolls in the month First payroll in the month 196 SECTION 9.0 employee.),iper.formance and discipline Suspension ............................ Demotion Or Transfer .......... Termination Of Employment Grievance Procedure............ 53 53 53 53 197 Employee Performance Management And Discipline The City uses an objective performance review system to periodically evaluate the performance of City employees. The quality of an employee's past performance will be considered in personnel decisions such as promotions, transfers, demotions, terminations, and where applicable, salary adjustments. Inadequate performance may lead to the development of a performance improvement plan and disciplinary actions. City employees will be subject to disciplinary action for failure to fulfill their duties and responsibilities at the level required, including observance of work rules and standards of conduct and applicable City policies. Discipline may include verbal or written reprimands, suspensions, demotions, transfers, reductions in compensation or other discretionary benefits, termination of employment, or other corrective actions. In most cases, documentation of the disciplinary action taken will be placed in the employee's personnel file with a copy provided to the employee. depending on a number of factors, including the nature of the allegations. Employees on an unpaid leave of absence may be able to use accrued paid time -off at the City Manager's discretion. If the allegation is proven not credible or false after the investigation, the relevant written documents will be removed from the employee's personnel file and the employee will receive any compensation and benefits due had the suspension not taken place. Demotion Or Transfer An employee may be demoted or transferred if an attempt at resolving an issue has failed and the City Manager determines a demotion or transfer to be the best solution to the problem. The employee must be qualified for the position to which he or she is demoted or transferred. Termination Of Employment See Separation Policy (Section 16) for more information. Suspension The City Manager may suspend an employee Grievance Procedure with or without pay for disciplinary reasons. The employee will be notified in writing of the reason for the suspension either prior to the suspension or shortly thereafter. A copy of the letter of suspension will be placed in the employee's personnel file. An employee may be also suspended or placed on involuntary leave of absence pending an investigation of an allegation involving that employee. The leave may be with or without pay The City will administer discipline in a non- discriminatory and non -retaliatory manner. An employee who believes the discipline applied was either unjust or disproportionate to the offense committed may pursue a remedy through the grievance procedures established in the City's personnel policies. The employee's supervisor, Human Resources Director, and/or the City Manager will investigate any allegation on which disciplinary action might be based before any disciplinary action is taken. 198 SECTION 10.0 benefits Cafeteria Plan ............... Benefit Eligibility .......... Tuition Reimbursement Miscellaneous .............. 55 55 55 56 199 Benefits Cafeteria Plan Any plan offering a choice between two or more qualified benefits is considered a cafeteria plan. The City of Golden Valley Cafeteria Plan allows employees to design their own benefit packages by purchasing benefits with a pre -specified amount of employer dollars from a number of available options. The amount of the employer's monthly contribution is established by the City Council as part of the annual compensation resolution. The Internal Revenue Service allows several qualified benefits within a flexible benefit plan: health (including medical, dental, vision, etc) group term life insurance and accidental death and dismemberment insurance flexible spending accounts short-term disability coverage long-term disability coverage 457 deferred compensation plans cash Employees with questions about benefits should contact Human Resources. Benefit Eligibility The effective date of the City's contribution and associated benefits is determined by the City. Regular full-time employees (one FTE) are eligible for the entire monthly City contribution. Regular full-time employees must consistently work 40 hours each week to be eligible. Regular %-time employees (.75 FTE) are eligible for 75 percent of the monthly City contribution. Regular %-time employees must consistently work a minimum of 30 hours each week to be eligible. Regular %-time employees (.5 FTE) hired prior to May 1, 2011 are eligible for 50 percent of the monthly City contribution. Regular %-time employees must consistently work a minimum of 20 hours each week to be eligible. Employees who work less than 20 hours per week or who are temporary, seasonal, or variable hour employees are not eligible for benefits. Employees filling a full-time temporary interim position may be eligible for benefits as agreed upon by the candidate and City Manager. Specified management and supervisory employees who have been appointed to such designated positions prior to May 1, 2011 receive 2 percent of their salary per month in addition to the monthly City contribution. Minimum Coverage Eligible employees are not required to select any benefits from the City's cafeteria plan. However, if employees elect to opt -out of the City's health insurance plan, they must provide written proof of other medical insurance and pay the monthly Opt -Out Fee. Tuition Reimbursement Regular City employees may be eligible for tuition reimbursement for job -related education courses that are to be applied toward a degree. Full-time regular employees are eligible to receive 100 percent reimbursement for tuition and books up to the IRS non-taxable limit for employer -provided educational benefits per calendar year. Regular employees working %-time (.75 FTE) are eligible to receive 75 percent reimbursement for tuition and books, and regular% -time employees (.5 FTE) are eligible to receive 50 percent reimbursement for tuition and books. Regular part-time employees must have been hired prior to January 1, 2012 to be eligible for Tuition Reimbursement. All reimbursements are subject to approval by the employee's supervisor, department head, human resources, and the City Manager. Probationary employees, employees on a 200 Benefits performance improvement plan, and employees that receive a lower than satisfactory rating on their most recent performance review are not eligible to participate in the tuition reimbursement program. Employees in the position of Community Service Officer who are not on a performance improvement plan and have not received a less than satisfactory rating on any recent performance evaluation are eligible to participate in the tuition reimbursement program after six months of service. City reimbursement will be reduced by any other financial aid that does not have to be repaid (such as the GI Bill, scholarships, and grants). Reimbursement is limited to 100 percent of actual expenses. It is the responsibility of employees to inform the City if they have access to other forms of financial aid. Employees with Tuition Reimbursement Eligibility Forms approved before September 1, 2005 are eligible to continue in the program under previous program guidelines. However, these individuals will be subject to the annual IRS limit for any classes taken after January 1, 2006. To be eligible for reimbursement, employees must: receive approval from the department head, human resources, and the City Manager prior to enrolling in each course by completing a Tuition Reimbursement Eligibility Form for each course for which the employee will seek reimbursement submit the Tuition Reimbursement Request form within 45 days of class completion (the last day of the class) and include the following: all receipts for tuition and books to be reimbursed the grade awarded for the course or proof that the employee "passed" the course (if the course is graded, the employee must receive a grade of "C" or better to be eligible for reimbursement) not claim or secure reimbursement from another agency or source that would provide a total reimbursement of more than 100 percent Fees other than tuition, such as technology fees or other student fees, are not reimbursable. Miscellaneous Car Allowance The City Council has approved a car allowance for the City Manager unless specified in a separate employment agreement. Amounts for the car allowance are included as part of the employee's payroll check. Employees who receive a car allowance are not eligible to receive reimbursement for mileage. The City Council has approved a take-home vehicle for the Fire Chief if appointed on or before May 31, 2014, unless specified in a separate employment agreement. The City Manager may approve other positions to use a take-home vehicle. All take-home vehicles are subject to IRS taxation rules, including daily commuting taxation reported as income on the employee's W2. 201 SECTION 11.0 employee travel Conferences And Seminars Travel Expenses Reimbursement Process 58 58 59 202 Employee Travel From time to time employees may need to travel to conduct City business (for example, to attend outside meetings, seminars, and conferences). This policy sets forth the conditions under which the City will reimburse employees for travel related expenses. Conferences And Seminars Regular full-time employees may participate in conferences or seminars for City business only if the following criteria are met: The conference or seminar is appropriately budgeted and recommended by the department head or City Manager. Prior to registration for the conference, the employee submits a Conference Request Form and includes the required supporting documents and proof of cost estimation. The Conference Request Form must be approved by the employee's department head, human resources, and the City Manager. Additionally, whenever possible employees are expected to take advantage of early -bird pricing for all conferences and seminars. Employees who have been employed full time with the City for at least one year and fulfill the requirements listed above may be eligible to attend out-of-state conferences. Travel Expenses Employees who travel for City business may be eligible for reimbursement of reasonable travel expenses. Employees are expected to be fiscally responsible when considering travel arrangements, which include air travel, hotel, mileage, or meals. Employees must keep appropriate receipts and document all other expenses. Transportation The following types of expenses are approved for reimbursement. Mileage For employees who are required to drive their vehicles as a job requirement, the City reimburses mileage at a rate consistent with IRS regulations and approved by the City Council as part of the annual compensation resolution. If an employee travels directly to an event from the employee's home, mileage will be computed based on the distance from the distance from City Hall to the event or the employee's home, whichever is less. Use of the employee's personal vehicle for work purposes must be pre -approved by the employee's supervisor and department head. In cases where the employee intends to drive a personal vehicle out of state for City business in lieu of using public transportation, the means of transportation must be pre -authorized by the City Manager. Parking fees will be reimbursed for their actual amount. Air Travel And Ground Travel Appropriate transportation should be determined on a least -cost basis. If air travel is considered the least expensive, the City will pay for the actual air travel transportation costs to and from the destination via coach, tourist, or economy class and reasonable ground transportation costs to and from the airport. The City will not reimburse employees for first class seating or other upgrades. In cases where air travel is prohibitive, car rental is eligible for reimbursement. For out -of- state travel, the cost of mileage must not exceed the cost of an airline ticket. Employees who receive a car allowance are not eligible to receive reimbursement for mileage. The City will not reimburse for any increase in travel -related costs for employees to extend the travel beyond the dates of the conference. Lodging Employees who travel to outstate Minnesota or out of state on City business are eligible 203 Employee Travel for reimbursement of lodging expenses. Employees are expected to choose lodging based on reasonableness of cost and proximity to the conference, meeting, or training site. Additionally, reimbursement is limited to the minimum number of nights required to conduct the assigned City business. Meals Employees who travel overnight on City business are eligible for reimbursement of reasonable meal expenses. Meals included as part of a conference registration are not reimbursable. Alcohol is not reimbursable. Personal Expenses Employees must pay for any personal expenses not related to City business. When family members or friends accompany City employees on trips, any companion fees or other differentials must be paid for by the employee. If an employee extends the travel beyond the dates of the conference, the employee is responsible for all lodging, meals, and other expenses, as well as the cost of return airfare if that cost exceeds the return airfare of the end date of the conference/ event. Recreational expenses, including, but not limited to, golf and sight-seeing are not reimbursable. Reimbursement Process To receive reimbursement for reasonable travel expenses, employees must submit a Request for Reimbursement form, signed by the department head, during the fiscal year in which the expense occurred and no later than 30 days after the end of the fiscal year. Requests that do not follow this policy may not be approved. 204 SECTION 12.0 expenses Equipment And Uniforms........... City Expenses .............................. Service Awards And Recognition Food And Meals .......................... Memberships And Dues ............. 61 61 61 61 61 205 Expenses Equipment And Uniforms Employees who routinely work in a construction or maintenance environment are required to wear safety toe footwear. When an employee purchases safety footwear for City business, reasonable costs are eligible for reimbursement. The amount eligible for reimbursement each year is approved as part of the annual compensation resolution. Employees may purchase logo shirts at their own expense. These items must be purchased through the City from a company of the City's choosing. Employees may select from any appropriate design in the company's catalog. Payment for the shirts and shipping costs must be made before the order is placed. City Expenses The City of Golden Valley requires that all expenditures be valid based on the public purpose for which they are purchased and the specific or implied authority for the expenditure found in Minnesota State Statutes and as authorized as part of the City of Golden Valley's annual budget. Service Awards And Recognition The Golden Valley City Council recognizes the hard work and service performed by the employees of the City of Golden Valley through a formal recognition program. New employees will receive a welcome gift, and employees reaching 5, 10, 15, 20, 25, 30, 35, and 40 years of service will receive a certificate of thanks, in addition to a monetary service award as determined by the Public Purpose Expenditure policy approved by Council. Employee service awards will be awarded only after the anniversary date of employment has passed. The Employee Recognition Program is considered "additional compensation" for work performed by employees but is entirely dependent on receiving funding from year to year. No provisions of this policy, or its administration, are subject to review under the grievance or arbitration provisions of any collective bargaining agreement. Benefits paid out under this program are taxable compensation and will be recorded as income on an employee's W-2. Food And Meals The City Council recognizes that situations where City business needs to be discussed can and do occur during meal hours (ie, luncheon meetings). Food and refreshments are allowed at City and employee meetings and events that have a purpose of discussing City issues, including breakfast/lunch/dinner meetings when it is the only practical time to meet. Food and refreshments are also allowed during official meetings of the City Council, Council Committees, Council Advisory Boards/ Commissions, and Council Task Forces. Food and refreshments purchased for such meetings fall under the City's Public Purpose Expenditure policy. No purchase of alcoholic beverages is allowed. Memberships And Dues The City Council has determined that the City will fund memberships and dues in professional organizations and community organizations when the purpose is to promote, advertise, improve, or develop the City's resources and advantages and not personal interest or gain. These line -items are approved annually by the City Council as a part of the overall budget approval process. 206 SECTION 13.0 holidays Scheduled Holidays Floating Holidays Holiday Pay Eligibility 63 63 63 207 Holidays The City of Golden Valley recognizes 12 eight - hour days as paid holidays for regular full-time employees and 12 prorated days as paid holidays for regular part-time employees each year. There are 11 scheduled holidays and two floating holidays. Scheduled Holidays New Year's Day — January 1 Martin Luther King, Jr's Birthday — Third Monday in January President's Day — Third Monday in February Memorial Day — Last Monday in May Independence Day —July4 Labor Day — First Monday in September Veterans Day — November 11 Thanksgiving Day — Fourth Thursday in November Day after Thanksgiving — Friday following Thanksgiving Day Christmas Eve — December 24 Christmas Day — December 25 When a holiday falls on a Saturday, the previous Friday is designated as the holiday; when one falls on a Sunday, the following Monday is designated as the holiday. Floating Holidays Floating holidays must be approved by the employee's supervisor and/or department head. Employees must use them in eight -hour increments. Because floating holidays do not carry over to the next calendar year, they must be used before the end of the final full pay period of the calendar year. The Floating Holidays are not paid out upon termination of employment. Holiday Pay Eligibility To be eligible for paid holidays, employees must work on the day before and the day after such holiday, unless one of the following conditions is met: the employee's regular part-time schedule does not include the day before and/or the day after the holiday the employee is using vacation or sick leave or paid time off the employee is excused in advance by the City Manager Regular part-time employees are paid for holidays on a prorated basis, according to their budgeted Full -Time Equivalent (FTE) status. For example, if an employee occupies a position budgeted as .5 FTE, he or she will receive four hours paid time off for each holiday. Employees who are scheduled to work on an observed holiday will receive 1%times hourly rate for the hours worked on the actual holiday. 208 SECTION 14.0 time away from work Sick Leave And Vacation Leave For Emplovees Hired Before Jan 1. 2009 Paid Time Off For Employees Hired On Or After Jan 1, 2009 .................. LeaveDonation......................................................................................... Family Medical Leave................................................................................ Pregnancy And Parenting Leave.............................................................. JuryAnd Witness Duty.............................................................................. FuneralLeave............................................................................................ Military -Related Leave Other Leaves Other Unpaid Leave 65 67 69 70 72 73 73 74 75 75 209 Time Away From Work Sick Leave And Vacation Leave For Employees Hired Before Jan 1, 2009 Full-time regular and part-time regular employees hired before Jan 1, 2009 are provided with a combination of paid sick leave and vacation leave. Sick Leave Employees may only use sick leave to cover absences on days when they would otherwise have been at work. It may be used, with the approval of the supervisor, in any of the following cases: when the employee cannot work because of the illness, injury, or disability of themselves, their children, spouse, parents, stepchildren, stepparents, siblings, or grandparents for medical, dental, chiropractic, or optical examinations or treatment of the employee or employee's children (although appointments should be scheduled to minimize the amount of disruption to the workday) when the employee's presence would jeopardize the health of other employees by exposing them to contagious disease during the period of incapacity when an employee is on Family and Medical Leave for the employee's own illness or injury or the serious health condition of eligible family members when an employee is receiving or providing assistance because the employee or a relative, which includes employee's adult child, spouse, sibling, parent, mother-in- law, father-in-law, grandchild, grandparent, or stepparent, is a victim of sexual assault, domestic abuse, or stalking (safety leave for listed relatives, other than the employee and the employee's child, is limited to 160 hours in any 12-month period) when an employee is subpoenaed or requested by the prosecuting attorney to attend court or criminal proceedings related to the victim's case because the employee is the victim or witness or is the spouse or immediate family member of such victim (immediate family member includes parent, spouse, child, or sibling of the employee) in the event of a death in the family (up to five days of sick leave may be used for the death of a spouse or child, including stepchildren; up to three days for a death in the immediate family; and up to one day for the death of any person in the next degree of kindred) Full-time employees accumulate sick leave at a rate of one day per month, accrued on a pay - period basis (3.69 hours per pay period). Regular part-time employees earn annual leave on a prorated basis, according to their budgeted Full - Time Equivalent (FTE) status. Employees may not carry a negative sick leave balance. Employees who have used up all their sick leave and then subsequently claim sick leave hours on their time sheet will automatically have vacation leave and/ or comp time deducted from their accumulated balance if any is available. Non-exempt (hourly) employees must use sick leave in 1/10th hour increments. Exempt employees must use sick leave in eight -hour increments, except when hourly use of sick leave may be required during a FMLA-qualifying leave. Employees must notify their supervisors of their absence and request to use sick leave before their work shift begins, or as soon as practicable. After an absence, the City may require an employee to provide a physician's statement on the first day of return to work. This statement must provide the nature of the illness or medical condition and attest to the employee's ability to return to work and safely perform the essential functions of the job with or without reasonable accommodation. Any work restrictions must be stated clearly on the return -to -work statement. Employees who have been asked to provide such a statement may not be allowed to return to work until they comply with this provision. 210 Time Away From Work If the City feels an additional medical opinion is warranted, Human Resources will arrange for the appropriate medical evaluation. The City has the right to require employees to be evaluated by a physician of the City's choosing to determine the validity of a worker's compensation or sick leave claim, or to obtain information related to restrictions or an employee's ability to work. Once an employee has a balance of 800 hours of sick leave, additional sick leave earned is assigned one-half to vacation and one-half to sick leave for the current year. With 800 hours of sick leave banked, full-time employees accrue vacation in accordance with the Sick Leave Accrual Schedule on this page. If an employee's balance drops below 800 hours of sick leave, the full allotment of sick leave will accrue toward the balance until 800 hours is again achieved. Employees shall receive a cash payout of all sick leave accrued in excess of 800 hours, and the balance will revert to 800 hours of sick leave. The payment shall be made mid -December of the year in which it is accrued and will be noted on the payroll dates schedule for the year. See the Separation Policy for information about paying out sick time upon termination of employment. Vacation Leave Vacation leave for regular full-time employees accrues based on years of service unless negotiated differently at time of hire. Vacation leave accrues proportionately, at the rate of 1/26 of the employee's "total days per year," rounded to the nearest tenth each pay period. No vacation leave may be taken before it is accrued. 5-11 6.46 hours 21 days 336 hours Over 11 6.77 hours 22 days 352 hours Over 12 7.08 hours 23 days 368 hours Over 13 7.38 hours 24 days 384 hours Over 14 7.69 hours 25 days (5 weeks) 400 hours Over 15 8.00 hours 26 days 416 hours Over 16 8.31 hours 27 days 432 hours Over 17 8.62 hours 28 days 448 hours Over 18 8.92 hours 29 days 464 hours Over 19 9.23 hours 30 days (6 weeks) 480 hours Over 20 9.54 hours 31 days 496 hours 0-4.99 3.08 hours 10 days (2 weeks) 160 hours Over 5-10 4.62 hours 15 days (3 weeks) 240 hours Over 11 4.92 hours 16 days 256 hours Over 12 5.23 hours 17 days 272 hours Over 13 5.54 hours 18 days 288 hours Over 14 5.85 hours 19 days 304 hours Over 15 6.15 hours 20 days (4 weeks) 320 hours Over 16 6.46 hours 21 days 336 hours Over 17 6.77 hours 22 days 352 hours Over 18 7.08 hours 23 days 368 hours Over 19 7.38 hours 24 days 384 hours Over 20 7.69 hours 25 days (5 weeks) 400 hours 211 Time Away From Work Regular part-time employees earn annual leave on a prorated basis, according to their budgeted Full -Time Equivalent (FTE) status. Employees may accrue up to twice the annual earned vacation amount. For example, a five year employee may accrue up to four weeks (160 hours) of vacation. Once the balance reaches its maximum amount, no more vacation will accrue. You may never accrue more than the maximum accumulation. 0-4.99 6.77 hours 10 days (2 weeks) 168 hours Over 5-10 Over 11 Over 12 Over 13 Over 14 Employees should keep track of Over 15 their accumulated vacation hours. Over 16 As demonstrated in the table on Over 17 page 66, vacation maximums are different for employees who have Over 18 accrued 800 hours of sick leave. Over 19 Non-exempt (hourly) employees Over 20 shall use vacation leave in 1/10th-hour increments for purposes outlined below. Exempt employees must use vacation leave in eight -hour increments. Employees requesting vacation must give a two weeks' written notice, or as much notice as practically possible. Employees should ask their department head and/or supervisor for clarification on how requests for vacation should be handled within their division or department. Vacation Payout Employees who have a balance over 800 hours of sick leave may also elect to receive a cash payout of vacation hours accrued equal to the number of sick hours the employee sells back, provided the employee's completed election form is submitted to the City on or before Dec 1 of the prior calendar year. Employees will be paid the amount of vacation they have elected to convert to a cash payment mid -December of the year in which it is accrued, provided they have accrued over 800 hours of sick leave and sufficient vacation hours to satisfy 8.31 hours 15 days (3 weeks) 248 hours 8.62 hours 16 days 264 hours 8.92 hours 17 days 280 hours 9.23 hours 18 days 296 hours 9.54 hours 19 days 312 hours 9.85 hours 20 days (4 weeks) 328 hours 10.15 hours 21 days 344 hours 10.46 hours 22 days 360 hours 10.77 hours 23 days 376 hours 11.08 hours 24 days 392 hours 11.39 hours 25 days (5 weeks) 408 hours the election. If the employee has not accrued sufficient sick leave to satisfy the full amount of the election, the City will pay out the amount of accrued vacation available. An employee's election is irrevocable. See the Separation Policy for information about paying out vacation time upon termination of employment. Paid Time Off (PTO) For Employees Hired On Or After Jan 1, 2009 Effective Jan 1, 2009, the City implemented PTO leave for newly employed regular full-time and regular part-time employees who are not members of an organized bargaining unit. This policy replaces other paid leave provisions of vacation leave and sick leave. PTO can be used for any purpose, such as vacation or sick or safety leave, subject only to necessary request and approval procedures consistent with City and departmental policies. 212 Time Away From Work Paid Time Off Accrual PTO is accrued each pay period. Regularly scheduled part-time employees accrue PTO on a prorated basis, according to their budgeted Full -Time Equivalent (FTE) status. The PTO year of service for new employees begins on the date of employment with the City, or if there is a change of status, on the date the employee is eligible for PTO. Maximum Accrual Employees may not carry over more than two times their accrual rate unless a written request has been submitted to and approved by the City Manager. Such waiver could be granted in the event of a special circumstance. The City Manager has the authority to establish a higher annual accrual at the time of hire, not to exceed the maximum accrual rate. Use of PTO This PTO policy encourages advance planning of absences from work. To ensure necessary departmental coverage, non - emergency (planned) use of PTO should be requested in advance. Employees must give their supervisor advance notice equal to the amount of requested time off. 0-5 17 5.23 272 204 Over 5 22 6.77 352 264 Over 11 23 7.08 368 276 Over 12 24 7.38 384 288 Over 13 25 7.69 400 300 Over 14 26 8.00 416 312 Over 15 27 8.31 432 324 Over 16 28 8.62 448 336 Over 17 29 8.92 464 348 Over 18 30 9.23 480 360 Over 19 31 9.54 496 372 Over 20 32 9.85 512 384 0-5 17 5.23 3.69 8.92 348 232 Over 5 22 6.77 3.69 10.46 408 272 Over 11 23 7.08 3.69 10.77 420 280 Over 12 24 7.38 3.69 11.07 432 288 Over 13 25 7.69 3.69 11.38 444 296 Over 14 26 8.00 3.69 11.69 456 304 Over 15 27 8.31 3.69 12.00 468 312 Over 16 28 8.62 3.69 12.31 480 320 Over 17 29 8.92 3.69 12.61 492 328 Over 18 30 9.23 3.69 12.92 504 336 Over 19 31 9.54 3.69 13.23 516 344 Over 20+ 32 9.85 3.69 13.54 528 352 213 Time Away From Work A department head or supervisor may deny a request for planned PTO leave when granting such leave would result in insufficient personnel to carry out necessary functions of the City. An employee will not be allowed to use more than 20 consecutive "planned" PTO days without prior approval of the employee's respective department head and the City Manager. Emergency (unplanned) use of PTO may require documentation and requires notice as soon as practicable. Established departmental rules and requirements concerning employee absences from work will be applied. To allow coordination of PTO with Family Medical Leave, employees seeking to use PTO may be required to provide pertinent information as to the purpose of the time off to allow a determination of whether the time will also qualify for Family and Medical Leave. If the PTO qualifies for Family and Medical Leave, the employee must take both leaves simultaneously. PTO Payout Employees may elect to receive a cash payout of up to 48 hours of accrued PTO, provided the employee's PTO balance exceeds the minimum balance for PTO payout shown in the table on page 68 "PTO Accrual Schedule: Regular Full - Time Employee," and the employee's completed election form is submitted to the City on or before Dec 1 of the prior calendar year. Employees will be paid the amount of PTO they elected to convert to a cash payment on or near Dec 15 of the payout year. An employee's election is irrevocable, and final approval of the cash payout will occur in the calendar year of the payout. Public Safety Employees shall refer to the balances in the table on page 68, "PTO Accrual Schedule: Public Safety Employee." See the Separation Policy for information about paying out PTO upon termination of employment. Probationary Employees Employees within their probationary period may use no more than 24 hours of PTO during the first six months of their one-year probationary period, unless their need for PTO is related to a disability, medical condition, or safety as defined by the Women's Economic Security Act, or as approved by the Department Head. This provision does not apply to employees serving a probationary period following a promotion, transfer, or demotion. Exempt Employees Exempt employees that are absent from the workplace for less than eight hours may do so without using PTO leave. Leave Donation With the express written consent of the City Manager, employees having accrued regular sick leave, vacation leave, or paid time off (PTO) will be allowed to donate a portion of leave to fellow employees experiencing a major life event as defined by the Family Medical Leave Act. The City may require a physician's statement to be eligible for FMLA leave consideration. The employee must initiate the request by submitting written notice to Human Resources prior to the pay period following the exhaustion of their accrued leave. Donors A full-time employee may donate no more than 16 hours of sick leave, vacation leave, or PTO to each requesting employee per calendar year. A %-time (.5 FTE) employee may donate no more than eight hours to each requesting employee per calendar year. An employee may donate leave only if that employee will have a remaining balance of at least 40 hours of vacation or sick leave or PTO after the donation. Floating holidays may not be donated. An employee who surrenders any leave/ time -off must read and sign a statement that stipulates the employee understands the nature of the "gift" and that the surrendered leave will be irrevocable. Recipients Employees may only use donated sick/ vacation leave and/or PTO once all of their 214 Time Away From Work own accrued leave is exhausted, and then only up to the time of eligibility for long- term disability benefits (if applicable), or for the maximum number of days allowed to be donated, whichever occurs first. Full-time employees will be allowed to receive a total of up to 20 days (160 hours) of donated sick/vacation leave or PTO per calendar year. A %-time (.5 FTE) employee will be allowed to receive a total of up to 10 days (80 hours) per calendar year. The value of the donated sick leave, vacation leave, and/or PTO is computed according to the salary or wages of the recipient, regardless of the salary or wage of the donor. The City Manager may deny and/or limit donation requests as deemed necessary and in the best interests of the City of Golden Valley. Donated leave will not be paid out to an employee on separation of employment in the form of cash, or used in any manner other than what is stated in this policy. Family Medical Leave The Family and Medical Leave Act (FMLA provides eligible employees up to 12 weeks of unpaid, job -protected leave for the birth of a child, adoption, foster care, and certain family, military, and medical reasons. Eligibility Employees eligible for FMLA have been employed by the City of Golden Valley for at least one year and worked a minimum of 1,250 hours within the previous 12-month period. FMLA leave will be granted to eligible employees for any of the following: to care for their child (after birth, or placement for adoption or foster care) to care for their spouse, son or daughter, or parent who has a serious health condition for their own serious health condition that makes them unable to perform their job duties A serious health condition is defined as any illness, injury, impairment, or physical or mental condition that requires: inpatient care (overnight stay) in a hospital, hospice, or residential medical care facility continuing treatment by a health care provider for a condition that either prevents employees from performing their job functions or prevents the qualified family member from participating in school or other daily activities, including: a period of incapacity of more than three consecutive calendar days combined with at least two visits to a health care provider within 30 days of the date of incapacity, or one visit and a regimen of continuing treatment incapacity due to pregnancy incapacity due to a chronic condition which requires at least two visits per year for treatment by a health care provider Length of Leave The length of FMLA leave is not to exceed 12 weeks in any 12-month period. The leave year is calculated based on a rolling backward basis. The leave year will begin the first day the employee is absent from work on FMLA leave. The entitlement to FMLA leave for the birth or placement of a child for adoption expires 12 months after the birth or placement of that child. If an employee takes FMLA leave for a reason unrelated to pregnancy, the employee is still entitled to 12 weeks of leave for pregnancy - related illness and parental leave under Minnesota Pregnancy and Parental Leave. Leave may be taken intermittently or on a reduced schedule if medically necessary. If not medically necessary, department head and City Manager approval is required. The City may require the employee to transfer to an alternative position of like status and pay while 215 Time Away From Work on intermittent leave. Employees must make reasonable efforts to schedule leave for planned medical treatment so as not to unduly disrupt the City's operations. If leave is taken intermittently, it will not affect the status of an exempt employee under the Fair labor Standards Act. All requests for intermittent leave will be evaluated on a case - by -case basis. While on FMLA leave the employee must use sick leave, vacation leave, comp time, and/or paid time -off until all accrued leave is depleted. The use of paid leave occurs simultaneously with FMLA leave and does not extend the length of FMLA leave. Employees will not have access to City email, networks, or phone while on FMLA leave. Employees are expected to communicate with Human resources via personal phone and email Leave Request Process The employee must give the City at least 30 days advance notice if the leave is foreseeable. Otherwise, the employee should give as much notice as is practicable and must comply with the normal call -in procedures. When the City receives the employee's request, the City will inform the employee if he or she is eligible for FMLA and any additional information required as well as the employees' rights and responsibilities. The employee must provide a medical certification for FMLA leave. It is to be completed by the health care professional treating the employee or family member. Employees may also be required to provide periodic recertification supporting the need for leave. A "Certification of Health Care Provider" is not required for pregnancy or the employee is on workers' compensation. The City may require a second or third medical opinion at the City's expense. Insurance Continuation All employees on FMLA leave may choose to continue existing health care benefits (health and dental) and life insurance if they so desire. These benefits will be maintained under the same conditions, and at the same level of City contribution, as before the employee goes on leave. If there are changes to the City's contribution levels and/or premium rates while the employee is on leave, those changes will take place as if the employee were still on the job. Employees will be required to continue payment of the employee portion of the health care and/ or other insurance coverage they choose to continue. The employee may choose not to retain health care or other insurance coverage during FMLA leave. When employees return from leave, they will be reinstated on the same terms as before taking leave, without any qualifying period, physical examination, exclusion of preexisting conditions, or other requirement. The employee will be required to reimburse the City for any premiums paid during the leave if the employee does not return to work for a minimum of 30 calendar days, unless the employee cannot return to work due to the continuation of a serious health condition of the child, spouse, parent, or employee, or due to other circumstances beyond the control of the employee. Employees on intermittent leave who do not return to work will be evaluated on a case -by -case basis with regard to the premium reimbursement requirement. Employees will not accrue vacation leave, sick leave, and/or paid time off while on unpaid FMLA leave. Employees using a combination of paid and unpaid leave, or intermittent unpaid leave, will accrue vacation leave, sick leave, and/or paid time off on a prorated basis. Employees using paid leave will continue to accrue benefits. Return to Work A key employee is defined as a salaried employee who is compensated in the highest 10 percent of all employees. Key employees may be denied reinstatement to the same or an equivalent position after a leave if the denial is necessary to prevent substantial economic injury to the City's operations. Employees who are not key employees will be reinstated to their same position or an equivalent position upon return from leave with equivalent pay, benefits, and working conditions. The employee may be 216 Time Away From Work required to submit a fitness for duty report before returning to work if the FMLA leave was for the employee's own serious health condition FMLA for Military Members Service member FMLA provides eligible employees unpaid leave for any one, or a combination, of the following reasons: a "qualifying exigency" arising out of a covered family member's active duty or call to active duty in the Armed Forces in support of a contingency plan; or to care for a covered family member who has incurred an injury or illness in the line of duty while on active duty in the Armed Forces, provided that such injury or illness may render the family member medically unfit to perform duties of the member's office, grade, rank, or rating An eligible employee will be granted up to 12 weeks of FMLA leave for "any qualifying. exigency" arising out of the fact that an employee's spouse, son, daughter, or parent is on active duty or has been notified of an impending call to active duty status in the National Guard or Reserves in support of a contingency operation. Qualifying exigency includes certain: short -notice deployment (seven days or less) military events and related activities childcare and school activities financial and legal arrangements counseling rest and recuperation certain post -deployment activities additional activities where the employer and the employee agree to the leave An eligible employee who is the spouse, son, daughter, parent, or next of kin (closest blood relative) of a covered service member who is recovering from a serious illness or injury sustained in the line of duty while on active duty is entitled to up to 26 weeks of leave in a single 12-month period to care for the service member. A covered service member is a current member of the Armed Forces, including a member of the National Guard or Reserves. The service members must be medically unfit to perform the duties for which they are undergoing medical treatment, recuperation, or therapy; be in outpatient status; or be on the temporary disability retired list. The 12-month period will begin the first day leave is used. An eligible employee may be entitled to take more than one period of 26 workweeks of leave (in a subsequent 12-month period) if the leave is to care for a different covered service member or to care for the same service member with a subsequent serious injury or illness. In any event, an employee's FMLA leave may not exceed 26 weeks for all FMLA leaves (military and other) in a 12-month period. Active Duty Leave and Caregiver Leave may be taken intermittently or on a reduced schedule if medically necessary. Employees must provide a certification for these FMLA military leaves. A"Certification of Qualifying Exigency" or a "Certification for Serious Injury or Illness of Covered Service Member" form must be completed for leave. This form can be obtained from Human Resources and completed by the employee. Along with this form, the employee must submit written documentation confirming the active duty or call to active duty status. The City will not retaliate against employees for exercising their rights under this policy. Employees are entitled to return to work in an equivalent position and at the same rate of pay they were receiving before commencement of the leave. Pregnancy and Parenting Leave Paid leave may be taken within 12 months following the birth or adoption of a child. Eligible employees must use paid parental leave in the following increments unless there are extenuating circumstances, in which case City Manager approval will be required. Full-time employees must use paid parental 217 Time Away From Work leave in eight -hour increments. contributions toward insurance benefits will Three -quarter -time employees must use paid parental leave in six -hour increments. Part-time/regular employees must use paid parental leave in four-hour increments. The paid parental leave will run concurrently with all other leaves available to the employee, including FMLA and Short -Term Disability, and any other leaves available under existing federal and state laws. The paid parental leave must be requested and used within 12 months of the qualifying event, or the opportunity to request and/or use the leave will be forfeited. In the case where the child must remain in the hospital longer than the mother, the leave must begin within 12 months after the child leaves the hospital. Adoptive parents will be given the same opportunities for leave as biological parents. As required by state law, the leave must be for the purpose of arranging the child's placement or caring for the child after placement. Such leave must be requested and used before or within 12 months of the child's placement in the adoptive home. Employees should provide at least 30 days' notice of this leave, when possible, and as much notice as practicable, if not. After the 120 hours of paid parental leave (or prorated equivalent), employees will be required to first use any accrued leave (ie, paid time -off, sick leave, vacation leave, etc), before using unpaid leave, at which time the employee may be eligible for leave under the leave donation policy. Group insurance coverage will remain available while the employee is on leave pursuant to the Pregnancy and Parenting Leave Act, but the employee will be responsible for the entire premium except where leave is also FMLA qualifying. For employees on an FMLA absence, employer continue during the FMLA leave absence. The City will not retaliate against employees for exercising their rights under this policy. The employee is entitled to return to work in an equivalent position and at the same rate of pay the employee was receiving before commencement of the leave. Jury Duty/Witness Duty Employees required to serve as jurors or under subpoena as witnesses in court shall first use their personal vacation leave or paid time off (PTO) for the time served on a jury. Once the employee turns over compensation received for jury or witness duty to the Finance Department, the employee's vacation or PTO used for jury duty will be reinstated. If the employee also received parking and mileage for jury/witness duty, the City will reimburse the employee for that portion of the jury duty check. Employees summoned to serve on a jury or as a witness are to notify their supervisor immediately in order to provide time to make work assignments to cover their duties. When employees are excused from jury/witness duty during their regular working hours, they are expected to return to work if practicable. Disclaimer: This policy applies only to jury and/or witness duty that arises outside of an employee's official job responsibilities. For example, this policy does not apply to patrol officers who must appear in court as a representative of the City of Golden Valley. Funeral Leave Funeral Leave allows employees time off to deal with the emotional impact that occurs when a family member dies. Up to five days of sick leave may be used for the death of a spouse or child (including stepchildren). Up to three days of sick leave may be used for the death in the immediate family. Immediate family includes of any person 218 Time Away From Work having the following relationship to an employee or a living or deceased spouse parent mother-in-law/father-in-law sister/brother Vacation leave, comp time, and/or PTO must be used for funerals of kindred having the following relationship to an employee or a living or deceased spouse: uncle, aunt, nephew, niece, or cousin and non- family members. Employees may use any accrued vacation, comp time, or PTO hours for additional time off, with the approval of their supervisor and/ or department head. Employees who experience the death of an immediately family member as a result the family member's active military service should also review the sections below. Military -Related Leave Military leaves of absence and reemployment rights of employees returning from active service with the armed forces shall be subject to applicable federal and state legislation. Employees are entitled to a leave of absence without loss of pay, seniority status, annual leave, or other benefits when engaged in training activities ordered or authorized by the proper authority pursuant to law, whether for state or federal purposes, but not exceeding a total of 15 days in any calendar year. City compensation is in addition to military pay. The leave of absence is only in the event the employee returns to employment with the City as required upon being relieved from service, is prevented from returning by physical or mental disability or other cause not the fault of the employee, or is required by the proper authority to continue in military or naval service beyond the 15-day paid leave of absence. Employees on extended unpaid military leave will receive 15 days paid leave of absence in each calendar year, not to exceed five years. For employees on active duty, as long as they uses their accrued leave time, they will continue to accrue vacation, sick leave, holiday pay, PTO, and the City's contribution toward the cost of the employee's health insurance. If any of the duty time is taken unpaid, the City will cease its monthly insurance contribution. Employees may continue medical coverage at their own expense in accordance with state and federal law. Employees returning from military service will be reemployed in the job they would have attained had they not been absent for military service and with the same seniority, status, and pay, as well as other rights and benefits determined by seniority. Unpaid military leave will be considered hours worked for the purpose of vacation leave, sick leave, and paid time -off accruals. Leave For Send -Off Or Homecoming Ceremony And For Family Members Of Injured Or Killed Soldiers Employees are entitled to an unpaid leave of absence, limited to actual time necessary, to attend a send-off or homecoming ceremony for an immediate family member serving in active military service. The time off shall not to exceed one day in any calendar year. Employees are entitled to an unpaid leave of absence of up to 10 days when an immediate family member is injured or killed while serving in active military service. Immediate family includes any person having the following relationship to an employee or a living or deceased spouse: parent mother-in-law/father-in-law sister/brother sister-in-law/brother-in-law son-in-law/daughter-in-law grandparents grandparents -in -Law grandchildren stepparents and/or legal guardians 219 Time Away From Work Other Leaves School Conferences Employees are entitled to unpaid leave to attend the special education, pre-school/school conferences, or school -related activities of their children or foster children if those conferences or activities cannot be scheduled during non - work hours. School Conference Leave is limited to a maximum of 16 hours per 12-month period An employee may use vacation leave or PTO to receive compensation for any part of the School Conference Leave. Election Day Employees are encouraged to vote before or after work to minimize disruption. Employees who are eligible to vote may take time off without loss of pay to vote in a regularly scheduled state primary or general election, an election to fill the vacancy in the office of United States Senator, United States Representative, State Senator or State Representative, or a presidential primary. Employees may serve as election judges without loss of pay. Employees will be paid the difference between their pay as an election judge and their normal rate of pay. Employees must notify their supervisor at least 20 days in advance and provide a certification from the appointing authority. The certification must state the hours the employee will work and the hourly compensation the employee will be paid for their services. Bone Marrow Donation Regular employees who seek to undergo a medical procedure to donate bone marrow are eligible for a maximum of 40 hours of paid leave. Time off is not charged against accrued leave such as sick leave, paid time off, or vacation. Employees must provide a medical verification by a physician as to the purpose and length of each leave requested. If it is determined that the employee does not qualify as a bone marrow donor, paid leave granted before the medical determination is not forfeited. Organ Donation Regular employees who seek to undergo a medical procedure to donate an organ are eligible for a maximum of 40 hours of paid leave. Time off is not charged against accrued leave such as sick leave, paid time off, or vacation. Employees must provide a medical verification by a physician as to the purpose and length of each leave requested. If it is determined the employee does not qualify as an organ donor, paid leave granted before the medical determination is not forfeited. Any Other Leave The City will follow federal and state laws regarding leaves of absence. Employees who believe they are entitled to a leave of absence or other time away from work should contact Human Resources. Other Unpaid Leave The City of Golden Valley may grant an unpaid leave of absence for a period up to 90 continuous calendar days to an employee upon written request. Before requesting a leave under this section, an employee must first exhaust all available paid leave. An unpaid leave of absence requires the approval of the City Manager. The City Manager has discretion to grant an unpaid leave of absence of more than 90 days. Benefits including holidays, sick leave, vacation leave, paid time off, holidays, or other forms of indirect compensation will not accrue during an unpaid leave of absence, except as set forth in specific instances in this handbook. Step increases and probationary periods will be extended by the length of the unpaid leave. The employee may continue to be covered by group health, dental, and life insurance, under applicable state and federal law, but will be responsible for paying 100 percent of the premium costs. Employees on an unpaid leave of absence due to FMLA-qualifying event or illness may be eligible for a continuation of the employer provided monthly benefit contribution. 220 SECTION 15.0 safety Reporting Accidents And Illnesses ............... Compensation And Insurance Continuation Return To Work ............................................. Alternative Duty ............................................ Workplace Violence ...................................... Possession Of Weapons ................................ Reporting Workplace Violence ..................... Workplace Emergency Situations ................ 77 77 78 78 78 79 79 79 221 Safety The personal safety and health of each City of Golden Valley employee and the prevention of occupationally induced injuries and illnesses is of primary importance. To the greatest degree possible, management will maintain an environment free from unnecessary hazards and will establish safety policies and procedures for each department. Adherence to these policies is the responsibility of each employee. The City Safety Management protocols, (including severe weather) are found on the Golden Valley Solution Center under HR Links. Employees should familiarize themselves with all emergency protocols. Safety Equipment: Where safety equipment is required by federal, state, or local rules and regulations, it is a condition of employment that such equipment be worn by the employee. Hazardous Materials/Employee Right To Know: The Employee Right -to -Know Act, part of OSHA's Hazard Communication Standard, guarantees that employees have access to information about the chemical hazards with which they work. Employees have access to Material Safety Data Sheets with information. Job -Specific Safety Training: Certain jobs, departments, and/or divisions have specific health and safety policies and procedures, as well as required job trainings relevant to the position/ department and are required to perform the work duties. Reporting Accidents And Illnesses Workers' compensation insurance provides wage replacement and medical payment benefits to City employees who become ill or injured as a result of their job with the City. Workers' compensation benefits will be paid in accordance with Minnesota law. All on-the-job injuries and illnesses must be reported as soon as possible by employees, or on behalf of the injured or ill employees, to their supervisor. Upon Injury 1. Report any injury or work -related illness to supervisor immediately, or as soon as practically possible. Employee must complete the City - provided Injury Report form within 24 hours of the injury. Supervisors must complete the Supervisor's Report of Injury/Illness form within 24 hours of being informed of the injury. 2. If the injury requires immediate attention at an emergency room, an employee may go to any clinic. 3. Beyond immediate attention, an employee must work with the City's managed care company to schedule additional appointments and/or treatments. 4. Human Resources will complete the First Report of Injury (FROI) and forward it to the appropriate entity. The employee will also be provided a copy of the FROI and other necessary Worker's Compensation documents. 5. Employees must keep supervisors and the City informed about their medical condition and ability to work. Compensation And Insurance Continuation An employee will be compensated for time spent seeking medical attention on the date of the injury. If an employee chooses to go home (without seeking medical attention), he or she will need to use appropriate leave. If the City's Worker's Compensation administrator determines the injury is payable under applicable laws, benefit checks are made payable to the employee and are sent by the insurance company directly to the City, who in turns gives the checks to the employee. Employees may supplement their workers' compensation payments with accrued sick, vacation, or PTO hours to make up the 1/3 pay that workers' compensation does not cover, up to the State law weekly maximum. If the leave is designated as Family Medical Leave Act (FMLA) leave, federal law preempts 222 Safety the employee from augmenting worker's compensation payment with additional leave. (Hours used by the employee to supplement worker's compensation payment are not reinstated when an employee turns over worker's compensation payments.) Employees who supplement their workers' compensation payments with paid leave will earn prorated sick and vacation leave and holiday pay. Reminder: An employee must use paid leave on the day before and the day after a holiday in order to receive holiday pay. Employees on workers' compensation leave due to an injury while employed at the City of Golden Valley will continue to have the City portion of their insurance premiums paid by the City for a maximum of six months. These benefits will be maintained under the same conditions, and at the same level of City contribution, as before the employee was injured and unable to work. If there are changes to the City's contribution levels and/or premium rates while the employee is on workers' compensation leave, those changes will take place as if the employee were still on the job. Employees on workers' compensation leave are required to continue payment of the employee portion of the health care and/or other insurance coverage they choose to continue. Insurance continuation will not be paid by the City for employees who fail to comply with required procedures for reporting work -related injuries. If the leave qualifies as FMLA leave, the provisions of the FMLA policy will apply and the City will pay its share of the premiums as provided under the Act. FMLA leave will run concurrently with this provision. If the employee is supplementing workers' compensation payments with accrued sick, vacation, or PTO leave, premiums will be prorated based on the amount of paid leave used. Return To Work When an employee has missed work due to an occupational injury or illness, the City may require the employee to submit a Fitness for Duty Report before returning to work. If the employee must be absent from work due to medical appointments related to injuries sustained on the job, the employee is responsible for any time he/ she is absent from work and should use accrued sick, vacation, and PTO leave. Alternative Duty Regular employees who become temporarily disabled, work -related or personal, may request alternative duties, sometimes referred to as "light duty," consistent with their limited capabilities. When submitting an alternative duty request to Human Resources, employees must first contact their supervisor, then complete the Alternative Duty request form, and must include a doctor's report containing their diagnosis, current treatment, work restrictions, expectations for recovery, and the expected length of recovery. The City will engage in an interactive process to determine if there is work available within the department that could be performed by the employee. If work is not available, the City Manager will determine if an alternative work assignment is available in another department. Employees with a qualified disability under the Americans With Disabilities Act shall follow the Reasonable Accommodations Policy. Workplace Violence The City of Golden Valley is committed to creating and maintaining a workplace free from threats and acts of violence for all employees and visitors. It is the responsibility of every employee to treat others with respect and dignity and to promote a safe and healthy workplace. The City will not tolerate any form of violence on City property or facilities, or while on City business. Workplace violence can include, but is not limited to: physical force; verbal or written communications of a threatening, intimidating, or coercive nature; causing physical injury to oneself or another person; deliberately endangering the safety of others; committing acts motivated by discrimination and harassment; and intentional destruction of City 223 Safety property, or the property of others. Employees found to be in violation of this policy will be subject to disciplinary action up to and including termination of employment. Any unlawful act of violence committed by employees or members of the public while on City property, or while using City facilities or property, will be prosecuted as appropriate. Possession of Weapons The employee's supervisor or department head will approve whether it is necessary for employees to carry any tools or instruments on their person to properly perform the duties of their job and whether certain tools will be provided by the City to complete work -related tasks. With the exception of sworn law enforcement officers performing in the line of duty, employees are prohibited from possessing, carrying, or using a firearm and ammunition, or other dangerous weapons as defined, while: working on City property or in any location on behalf of the City working or driving on City business or riding as a passenger on City business performing emergency or on -call work after hours on behalf of the City attending training or conferences on behalf of the City Exceptions to the possession of firearms policy include: an employee who is showing or transferring the weapon or firearm to law enforcement officers as part of an investigation in City -owned parking areas, if the employee holds a valid permit to carry a pistol (providing one is required) and if the firearm is secured within an attended personal vehicle or concealed from view within a locked, unattended personal vehicle in accordance with MN Statute 97B.045 Reporting Workplace Violence All employees shall be responsible for promptly reporting incidents of violence in the workplace or potentially dangerous situations to their supervisor, department head, Human Resources, the City Manager, and where appropriate, to law enforcement authorities. A supervisor or department head receiving a report of an incident from an employee should promptly notify Human Resources or the City Manager for further assistance. Upon receiving a report of a workplace violence incident, Human Resources and/or the City Manager will initiate an investigation. Consistent with the necessity of prevention and investigation of violence in the workplace, personal information obtained in the course of an investigation under this policy will be considered confidential and not subject to public disclosure except as may be necessary as part of the disciplinary process or as otherwise provided by law. The City will not tolerate any form of retaliation against an employee who makes a complaint or participates in a workplace violence investigation. Employees who believes they have been subject to such retaliation/harassment should promptly bring it to the attention of their department head, supervisor, and/or Human Resources. Workplace Emergency Situations The City has implemented a GV Emergency notification system that allows it to push mass notifications to employees in the case of an emergency. This may include fires, severe weather/natural disasters, utility emergencies, intruders, bomb threats, active shooters, etc. Employees must provide an accurate primary phone number and permission to the City to send notifications in cases of emergency, as deemed by the City Safety Officer. 224 SECTION 16.0 separation Benefits After Termination Of Employment ............................................. Paying Out Vacation Time An PTO At Termination Of Employment Discharge................................................................................................. Resignation.............................................................................................. Retirement............................................................................................... Layoff....................................................................................................... References............................................................................................... 81 81 81 82 82 82 82 225 Separation An employee who leaves the City as the result of an involuntary discharge, voluntary resignation, retirement, or layoff is considered terminated from employment. The employee's last day will be the last regularly scheduled shift worked. Employees may not use sick time/vacation or paid time -off to extend termination date beyond the last day worked. Benefits After Termination Of Employment Employees whose employment has been terminated may be eligible for continuation of benefits. Employees with questions about this policy should contact the City's COBRA administrator. Paying Out Vacation Time And/Or PTO At Termination Of Employment Voluntary Termination Of Employment In order for the City to pay out accrued but unused PTO or vacation time, employees who voluntarily terminate their employment (including resignation and retirement) must follow specific rules: Regular employees: Provide at least two weeks' written notice to their supervisor and/ or Human Resources and plan to work that two -week notice period. Department heads: Provide at least four weeks' written working notice to the City Manager and/or Human Resources. All employees: Return all City property, including keys, passwords, documents, and technology, on or before the last day of work. All employees: Cooperate with the City's transition efforts. All employees: Provide Human Resources and/or Payroll with a forwarding address and e-mail address. Employees who meet these requirements and leave voluntarily will be deem to have left in good standing. Furthermore, regular full-time or regular part- time employees with five or more years of employment who terminate their employment in good standing or due to disability or permanent layoff will be paid one-third of their unused sick leave plus any hours exceeding 800 at their current hourly rate of pay. Retiring employees will receive 100 percent of their accrued vacation leave or paid time off as severance payment. In addition, after 10 years of continuous service, employees who meet the above requirements will receive one day's pay for each full year of service to the City. For cases where part-time hours have fluctuated, prorated payment will be based on the employee's status for the majority of the anniversary year. Terminating employees will receive their accrued vacation time beyond the severance plan at the discretion of the City Manager. If the employee is part of an employee group with an approved Post -Employment Health Care Savings Plan (HCSP), severance may be used to fund this benefit unless prohibited by the plan (contact Human Resources for more information regarding the HCSP). The City will pay out PTO or vacation time within two weeks after the final regular payroll. Involuntary Termination Of Employment The City has the discretion to pay out accrued but unused PTO or vacation time to employees whose employment the City terminated involuntarily, and there is no right to such a payout. Discharge The City may dismiss any at -will employee at any time for poor performance, misconduct, inefficiency, incompetence, violation of work rules, or for any other reason not prohibited by law. Employees whose employment is involuntarily terminated will be paid through their termination date. Employees will be paid for wages earned within 24 hours of their termination, if requested in writing by the employee. 226 Separation Resignation Resignations are deemed effective upon receipt by the immediate supervisor and/or Department Head. Resignation notices may be rescinded only before the final working day and only with the approval of the City Manager. If an employee fails to submit a letter of resignation two weeks before the employee's actual last day of work, it may result in a loss of "good standing" with the City and influence future employment opportunities with the City. If an employee quits, but refuses to submit a letter of resignation, the supervisor must contact Human Resources. Unauthorized absences from work for a period of three consecutive work days may be considered a resignation without proper notice. Retirement Retirement benefits are provided to employees who separate from City employment and are eligible for an annuity from the Public Employee's Retirement Association (PERA) based on age and/or years of service. Retirement benefits are provided to City employees who terminate employment and are eligible to draw pensions under City retirement programs. The City awards retirement gifts to employees who retire under one the following criteria: the employee is eligible to receive a retirement annuity from a Minnesota Public Pension Plan (other than a volunteer firefighter plan) the employee is eligible to receive a disability benefit from a Minnesota Public Pension Plan (other than a volunteer firefighter plan) the employee has met the age and service requirements necessary to receive an annuity from a Minnesota Public Pension Plan (other than a volunteer firefighter plan) When an employee reaches one of these retirement milestones, the City will award retirement gifts according to the schedule approved in the Public Purpose Expenditure Policy. Layoff Layoffs may occur due to a work shortage, lack of funds, the elimination of a position, a material change in the duties of a position, a material change in the organization, or for other related reasons that are outside the employee's control and do not reflect on the employee's performance. An employee may be laid -off at the discretion of the City Manager. The duties performed by any laid -off employee may be reassigned to other employees. Job -relevant qualifications are the primary basis for determining layoffs. When job - relevant qualifications of employees are equal, length of continuous service within a given job classification and total length of continuous service will be considered. In the event the laid -off employee is a veteran, the City will follow applicable state and federal laws. References The City of Golden Valley provides reference information on former employees as allowed by state law. If former employees would like to authorize someone to have access to their private data, they must complete an authorization form indicating informed consent. 227 SECTION 17.0 definitions Unless otherwise indicated, the following words Department Head: Those who are responsible and terms have meanings indicated below: for management of a department as determined by the City Manager or ordinance. Anniversary Date: The month and day of initial hiring or promotion to full-time status of an Elected Official: Members of the City Council. employee. Appointing Authority: The City Manager or other City employee to whom the Manager has delegated authority to appoint personnel. Appointment: A regular assignment to a paid position in the City service. Benefits: Items of indirect compensation outside of regular wages or salary and any privileges granted to employees. City: The City of Golden Valley. City Council: The elected body composed of members who serve on the City of Golden Valley's City Council. Class: A position or group of positions similar in respect to their duties and responsibilities so that the same title can reasonably be used and the same salary schedule may be applied to the position. Compensatory Time: Earned by non-exempt employees, this is time off from work computed at one and one-half times the number of overtime hours worked in a week. Accrual of compensatory time may be subject to limitations. Days: A day is one eight -hour period, unless otherwise specified. Demotion: The placement of an employee in a position having a lower pay and/or less responsibility than the position previously held. This could involve a reduction in salary due to lack of performance, inefficiency, or misconduct. Employee: A non -elected person holding a paid position in the City service. Exempt Employee: An employee who is exempt from the overtime provisions of the Fair Labor Standards Act (FLSA) and Minnesota Wage and Hour Laws. Federal Insurance Contribution Act (FICA): FICA is the federal requirement that a certain amount be automatically withheld from employees' earnings. Specifically, FICA requires an employee contribution of 6.2 percent for Social Security and 1.45 percent for Medicare. The City contributes a matching 7.65 percent on behalf of each employee. Certain employees are exempt or partially exempt from these withholdings (eg, police officers). These amounts may change if required by law. Full Time Equivalents (FTE): A measurement equal to one staff person working a full-time work schedule for one year. If the employee's normal workweek equals 40 hours, one FTE would be equal to an employee who works 2,080 hours annually. When defining the workweek as 40 hours, an employee working 20 hours a week would be considered as a 0.5 FTE. An employee working 30 hours per week would be considered as a 0.75 FTE. Grievance: A dispute or disagreement regarding the interpretation or application of the specific terms and conditions of a labor agreement or City policy. 228 Definitions Good Standing: Employees are considered to have resigned or retired in good standing if they: provide at least a two -week working written notice (four weeks' notice for department heads) return all City property cooperate with City's transition efforts provide appropriate forwarding address and email address Retiring/resigning in good standing allows employees to be paid out their accrued but unused paid time off/vacation time. Immediate Family: The spouse, children, siblings, parents, grandparents, aunts, uncles, nephews, nieces, in-laws, grandchildren, step- parents, step -children, or step -grandchildren of an employee. Intern: A non -benefit earning employee who is enrolled in a public, non-profit, or private educational institution or who has just completed such course work. Interns may work on a part-time or full-time basis or both for a maximum of six months unless extended by the City manager for an additional limited duration. The extension must be approved prior to the expiration of the internship. Interns may be paid or unpaid. Lay -Off: The temporary dismissal from employment of an employee for an unspecified length of time. During a period of lay-off, employees do not accrue benefits and are not credited with service. Non -Exempt Employee: An employee who is not exempt from the overtime provisions of the Fair Labor Standards Act and Minnesota Wage and Hour Laws. Overtime: All hours actually worked at the express authorization of the employer in excess of 40 by a regular non-exempt employee in a workweek consisting of seven consecutive days (168 hours). This definition may exclude employees in certain public safety positions. Position: Employment calling for the performance of specified tasks that constitute the total work assignment of a single employee. Probationary Employee: One who has been assigned to a regular full-time or regular part- time position but who has not completed the probationary period. Probationary Period: The period after original appointment of any regular full-time or regular part-time employee or following a job reclassification. Promotion: The placement of an employee in a position having a higher pay range and/or more responsibility than the position previously held. Public Employee Retirement Association (PERA): Statewide pension program in which all City employees meeting program requirements must participate in accordance with Minnesota law. The City and the employee each contribute to the employee's retirement account. Reclassification: A change in classification of an individual position by raising it to a higher job class or reducing it to a lowerjob class as approved by the City Manager. Regular Employee: A non -temporary employee who earns benefits in accordance with the Personnel Policies or applicable union contract and serves in a position that is provided in the approved City budget. Safety Sensitive functions: Tasks performed by CMV or CDL drivers that are applicable to prohibited conduct, testing, and consequences under the FMCSA alcohol and drug testing regulations or performing work. Safety Sensitive positions: Ajob, including any supervisory or management position, in which an impairment caused by drug or alcohol usage would threaten the health or safety of any person. 229 Definitions Seasonal Employee: Employees who work only part of the year (100 days or less) to conduct seasonal work. Seasonal employees may be assigned to work a full-time or part- time schedule. Seasonal employees do not earn benefits or credit for seniority. Service Credit: The specified period of time required for an employee to be eligible for benefits. Temporary Employee: A person hired for a specific period of time and for a specific job. Temporary status will be identified at time of hire or when status changes occur. This individual is paid only for hours worked and receives no benefits or paid time off. Termination: The separation of an employee from municipal service as a result of discharge, resignation, retirement, or death. Transfer: Movement to a position within the same class as the position previously held by an employee. A transfer does not result in a change in pay range. Variable Hour Employee: An employee who is hired to work part-time but inconsistent hours (meaning works a different number of hours from week to week). Veteran: A person entitled to veteran's preference pursuant to Minnesota and United States statutes. Workday: Eight hours, to be used for full- time calculation of benefits, leave etc, unless otherwise specified. Workweek: A period of seven consecutive days (168 hours) beginning at 12:01 am each Monday (unless otherwise specified and approved by the Department Head and the City Manager). 230 6*r customer =ocus �4P teamwORK o e n COMMUNICATION itaLilt6 know HOW work/life BALANCE Clty Of goIdM',',Wva Y 231 Definitions positive ATTITUDE 232 city of O TIVF J )""ARY golden x City Administration valle 763-512-2345 / 763-512-2344 (fax) Golden Valley City Council Meeting December 20, 2022 Agenda Item 31. Adopt Resolution No. 22-119 for Approval of City Department Structure Prepared By Kirsten Santelices, Deputy City Manager/Human Resources Director Summary The City Manager recommends changing the name of the "Physical Development" department to "Community Development" department. Community Development is an accurate description of the department and is more consistent with industry language. Financial or Budget Considerations N/A Legal Considerations N/A Equity Considerations As the name Community Development is more consistent within government structures, changing the name of the department will provide more clarity for individuals seeking economic opportunities with the City, including business and job opportunities. Recommended Action Adopt Resolution No. 22-119 Approving City Department Structure Supporting Documents • Resolution No. 22-119 - City Department Structure 233 RESOLUTION NO. 22-119 RESOLUTION FOR APPROVAL OF CITY DEPARTMENT STRUCTURE WHEREAS, the Golden Valley City Code Section 2-98(a) states "The City Council shall by resolution establish, amend, and revise the departments of the City, in consultation with the City Manager"; and WHEREAS, on November 19, 2019 the City adopted Resolution No. 19-60 establishing nine City Departments, including the Physical Development Department; and WHEREAS, the City wishes to change the name of the Physical Development Department to Community Development Department to more closely follow to industry standards; and WHEREAS, the City Council and City Manager agree that the City will realize organizational efficiencies and industry consistencies by renaming the Physical Development Department. THEREFORE, BE IT RESOLVED by the City Council of the City of Golden Valley that the City's organizational structure shall be comprised of the following departments: • Administrative Services • Communications • Fire • Human Resources • Legal • Parks & Recreation • Community Development • Police • Public Works This resolution replaces and supersedes Resolution No. 19-60. Adopted by the City Council of Golden Valley, Minnesota this 201" day of December 2022. Shepard M. Harris, Mayor ATTEST: Theresa J. Schyma, City Clerk 234 city of l[ T1VF J )""ARY golden x valle Human Resources 763-512-2345 / 763-512-2344 (fax) Golden Valley City Council Meeting December 20, 2022 Agenda Item 3J. Adopt Resolution No. 22-120 Approving Compensation and Classification Tables Prepared By Kirsten Santelices, Deputy City Manager/Human Resources Director Summary The City is currently negotiating contracts with four bargaining units. The Community Service Officer and Lead Community Service Officer position are currently under review with David Drown & Associates (DDA) for potential regrading. Financial or Budget Considerations All compensation grid adjustments were reflected in the 2023 budget. Legal Considerations The City contracts with DDA to grade all of the positions and ensure compliance with applicable Minnesota Local Government Pay Equity laws. Equity Considerations One of the City's equity pillars is providing economic opportunities for all, which includes employment opportunities, and paying fair and equitable wages. By contracting with DDA the City maintains a consistent practice of grading positions and market considerations. The City will continue evaluating its compensation grid and pay practices for equity considerations. Recommended Action Motion to Adopt Resolution No. 22-120 Approving Amendment to Compensation and Classification Tables. Supporting Documents • Resolution No. 22-120 - Comp Study Update 235 RESOLUTION NO. 22-120 RESOLUTION APPROVING IMPLEMENTATION OF 2020 COMPENSATION STUDY AND ESTABLISHING COMPENSATION GRID AND CLASSIFICATION TABLE WHEREAS, in 2020, the City conducted a full compensation and classification study (the "Study') to ensure the City is paying competitive and fair wages to its employees; and WHEREAS, on December 15, 2020 the City Council approved implementation of the Study; and adopted the compensation grid for the City: WHEREAS, on December 15, 2020 the City also adopted a Classification Table that assigned a grade to each position within the City; and WHEREAS, positions are routinely reviewed and reclassified according to position responsibilities; and the Council approved changes to the classification table by Resolution 21-13 on March 16, 2021; and by Resolution 21-38 on May 18, 2021; and by Resolution 21-114 on December 21, 2021, and by Resolution 22- 048 on May 3, 2022, and WHEREAS, in alignment with the City's values of communication and accountability, it is the City's practice for the City Council to review and adopt the Compensation Grid and Classification Table annually. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Golden Valley, Minnesota, that: 1. The City hereby adopts the following 2023 Full -Time & Part -Time Regular Compensation Grid effective January 1, 2023: Grade Compensation Grid 4.90% 4.90% 4.90% 4.90% 4.90% 4.90% 1 2 3 4 5 6 7 1 $19.81 $20.78 $21.79 $22.87 $23.99 $25.16 $26.39 2 $20.99 $22.02 $23.10 $24.24 $25.42 $26.67 $27.96 3 $22.25 $23.34 $24.48 $25.68 $26.93 $28.26 $29.64 4 $23.59 $24.74 $25.96 $27.22 $28.56 $29.95 $31.43 5 $25.24 $26.47 $27.77 $29.14 $30.56 $32.05 $33.62 6 $27.00 $28.33 $29.72 $31.17 $32.69 $34.30 $35.98 7 $28.35 $29.74 $31.19 $32.72 $34.33 $36.01 $37.78 8 $29.48 $30.93 $32.45 $34.03 $35.70 $37.45 $39.28 9 $30.67 $32.18 $33.75 $35.40 $37.14 $38.95 $40.86 10 $32.20 $33.77 $35.43 $37.16 $38.99 $40.90 $42.90 11 $36.39 $38.17 $40.05 $42.00 $44.06 $46.23 $48.48 12 $38.56 $40.46 $42.44 $44.52 $46.70 $48.99 $51.39 13 $40.50 $42.48 $44.56 $46.74 $49.04 $51.44 $53.96 14 $42.12 $44.18 $46.35 $48.62 $51.00 $53.50 $56.12 236 15 $44.22 $46.38 $48.66 $51.05 $53.54 $56.17 $58.93 16 $46.88 $49.17 $51.57 $54.11 $56.75 $59.53 $62.67 17 $49.70 $52.13 $54.68 $57.36 $60.17 $63.12 $66.21 18 $54.16 $56.81 $59.60 $62.52 1 $65.58 $68.79 $72.16 19 $56.87 $59.65 $62.57 $65.64 $68.86 $72.23 $75.77 20 $59.71 $62.63 $65.70 $68.92 $72.30 $75.84 $79.56 21 $62.70 $65.78 $68.99 $72.38 $75.92 $79.64 $83.53 22 $66.46 $69.71 $73.13 $76.71 1 $80.47 $84.41 $88.55 23 $70.44 $73.89 $77.52 $81.32 1 $85.29 $89.48 $93.86 2. The City hereby adopts the following updated Full -Time & Part -Time Regular Classification Table: Grade Positions 1 2 Community Service Officer Guest Services Specialist 3 Administrative Assistant - Fire Department Brookview Events Coordinator Lead Community Service Officer Police Department Office Assistant Recreation Coordinator 4 Administrative Assistant - Inspections Administrative Assistant - Parks And Recreation Engineering Assistant Inspections & Development Assistant Lead Cook Turf Maintenance Assistant 5 Accounting Technician Assessments/Accounts Payable Technician Motor Vehicle License Clerk Planning Assistant Police Assistant Public Works Assistant 6 Facilities Maintenance Specialist Executive Assistant - City Manager's Office Inspections Administrative Specialist Physical Development Assistant/Deputy City Clerk Utility Billing Specialist 237 7 Communications Specialist Golf Operations Coordinator Maintenance Worker/Mechanic Park Maintenance Worker Restaurant & Catering Coordinator Street Maintenance Worker Sustainability Specialist Turf Equip Technician /Mechanic Utilities Maintenance Worker Web/Graphic Designer 8 Community Connections and Outreach Specialist Executive Chef Fire Inspector I Information Technology Technician Public Works Inspector Utilities Specialist Vehicle Maintenance Worker/Mechanic 9 City Forester Engineering Technician 11 Water Distribution Specialist Park Maintenance Field Supervisor Street Maintenance Field Supervisor Utilities Maintenance Field Supervisor Vehicle Maintenance Field Supervisor 10 Assistant Golf Operations Manager Engineering Technician III GIS Specialist Planner Police Support Services Supervisor Water and Natural Resources Specialist 11 Accountant Building Inspector Crime Analyst Supervisor Deputy Registrar Supervisor Greens & Turf Specialist Human Resources Generalist Information Technology Specialist Patrol Officer Payroll Accountant Recreation & Facilities Supervisor Recreation Supervisor 12 Deputy Fire Marshal Golf Maintenance Supervisor Restaurant & Catering Manager 13 City Clerk Equity and Inclusion Manager 238 14 Accounting Supervisor Assistant City Engineer Environmental Resources Supervisor Golf Operations Manager Park Superintendent Street And Vehicle Maintenance Superintendent Utilities Superintendent 15 Assistant Fire Chief Building Official Sergeant 16 Housing and Economic Development Manager Information Technology Supervisor Planning Manager 17 18 City Engineer Communications Director Assistant Police Chief 19 Community Development Director Finance Director Fire Chief Parks & Recreation Director Public Works Director 20 21 City Attorney Deputy City Manager/Human Resources Director Police Chief 22 23 City Manager The City hereby adopts the following 2023 Seasonal, Variable Hour, Temporary and Intern Positions Compensation Grid, effective March 1, 2023: Steps 1 2 3 4 5 6 7 Grade 1 2 $11.81 $12.63 $12.42 $13.28 $13.01 $13.92 $14.57 $15.20 $15.84 $16.30 3 $13.16 $13.82 $14.48 $15.18 $15.84 $16.51 $16.96 4 $13.63 $14.45 $15.16 $15.85 $16.57 $17.27 $17.73 5 $13.87 $14.98 $15.71 $16.45 $17.18 $17.98 $18.46 6 $15.10 $15.53 $16.77 $17.33 $18.07 $18.97 $19.44 7 $17.72 $18.54 $19.26 $19.96 $20.75 $21.51 $21.98 4. The City hereby adopts the following 2023 Seasonal, Variable Hour, Temporary and Intern Positions Classification Table: 239 Grade Positions 1 Starter/Ranger Warming House 2 316 Restaurant Positions: • Bartender • Server • Dishwasher/Bar-Back Election Judge (Step 6) Indoor Playground Attendant Park & Reaction Seasonal Athletics: • Playground Leader • Field Attendant • Sports Instructor Golf Operations: • Beverage Cart Attendant • Par 3 Cashier • Range Supervisor 3 Election Captain (Step 6) Pro Shop Cashier 4 Community Center Attendant Golf Maintenance Operator Parks and Recreation Program Specialist 5 Golf Office Assistant Pathways Intern 6 Community Health Worker Intern Golf Maintenance Technician Lead Pro Shop Cashier Park and Recreation Intern Seasonal Public Works Worker 7 Assistant Senior Program Coordinator Banquet and Restaurant Staff Coordinator Cook Community Development Intern Elections Assistant Engineering Intern Golf Staff Coordinator Guest Services Lead Human Resources Assistant Water Resources Intern 5. The City hereby adopts the following paid on -call firefighter compensation, effective January 1, 2023: Battalion Chief $25.34 Per Hour Captain $23.47 Per Hour Lieutenant $21.77 Per Hour Firefighter $18.91 Per Hour Firefighter -Apprentice $16.07 Per Hour Firefighter in Training $12.93 Per Hour 240 6. The Council shall approve all classification changes that increase the budget. Changes to job title and other modifications that do not increase the budget shall not require Council approval. The most current Job Classification Grid shall be kept on file with the Human Resources Department. Adopted by the City Council of Golden Valley, Minnesota this 201" day of December, 2022. Shepard M. Harris, Mayor ATTEST: Theresa Schyma, City Clerk 241 city of FXFCl[JT1VF " UARY golden x valle Administrative Services 763-512-2345 / 763-512-2344 (fax) Golden Valley City Council Meeting December 20, 2022 Agenda Item 3K. Adopt Resolution No. 22-121 Approving an Interfund Loan for the Brookview Golf Irrigation System Prepared By Sue Virnig, Finance Director Summary Brookivew Golf has an Irrigation that is more than 37 years old. On January 18, 2022 Council approved a contract with MTI Distributing for parts that were on the state bid because they could get them cheaper for the contractor for an amount of $352,210.26. On March 1, 2022 Council approved a contract with Landscapes Unlimited, LLC for construction of the new irrigation system for $1,579,600. The financing would be an interfund loan for $1.5 million. This resolution is to allow an interfund loan for 15 years at 4%. The first payment would be made October 1, 2023. The remainder of the project would come from current revenue of the Brookview Golf fund. Financial or Budget Considerations Each fund will be repaid every year in October over the 20 years of the loan. If in any given year, the golf course has additional monies, staff will review at budget time to determine refinancing the loan or to make additional payments. Legal Considerations Original contracts for the construction were reviewed by the City Attorney. Equity Considerations The construction contract was reviewed to ensure that all workers would at least be paid the livable wage. Recommended Action Motion to Approve Resolution No. 22-121 Approving an Interfund Loan in Connection of Financing the Brookview Golf Irrigation System. The original financing of the $1.5 million will come from the Utility Fund, Storm Water fund, and the Capital Improvement Fund. The terms of payment will be made over 20 years at 4%. Supporting Documents • Resolution No. 22-121- Authorizing an Interfund Loan for Brookview Irrigation • Loan for Brookview Irrigation 242 243 RESOLUTION NO. 22-121 AUTHORIZING AN INTERFUND LOAN FOR THE BROOKVIEW GOLF COURSE IRRIGATION SYSTEM AND SETTING THE TERMS OF THIS INTERFUND LOAN WHEREAS, Brookview Golf Course planned in their budget to replace the much needed 37 year old irrigation system, and WHEREAS, the projected financing of the in the amount of $1,500,000, includes the issuance of an interfund loan from the Water and Sewer Utility Fund (Fund 7120), and Storm Utility Fund (7300) in the amount of $750,000 each respectively. NOW, THEREFORE, BE IT RESOLVED, that the City Council authorizes the inter -fund loan in the amount of $1,500,000 to be financed from the Brookview Golf Course (7150) as shown in Exhibit A; and BE IT FURTHER RESOLVED that the City Council sets the term of this inter - fund loan to be over a twenty-year period, with the principal amount to be paid off in the year 2041 or earlier if enough revenue is generated. The interest on the unpaid balance of this inter -fund loan will accrue annually at the rate of 4%. Adopted by the City Council of Golden Valley, Minnesota this 20t" day of December, 2022. Shepard M. Harris, Mayor ATTEST: Theresa Schyma, City Clerk 244 $1, 500,000 Date Principal Interest 10/31 /2023 $49,986 61,112 10/31/2023 $52,023 59,076 10/31 /2024 $54,142 56,956 10/31/2025 $56,348 54,750 10/31/2026 $58,644 52,455 10/31/2027 $61,033 50,066 10/31/2028 $63,519 47,579 10/31 /2029 $66,108 44,991 10/31/2030 $68,801 42,298 10/31 /2031 $71,604 39,485 10/31/2032 $74,521 36,577 10/31/2033 $77,557 33,541 10/31/2034 $80,717 30,382 10/31/2035 $84,006 27,093 10/31/2036 $87,428 23,670 10/31 /2037 $90,990 20,109 10/31/2038 $94,697 16,401 10/31/2039 $98,555 12,543 10/31/2040 $102,571 8,528 10/31/2041 $106,749 4,349 $1,499,999 721,962 EXHIBIT A Principal Water & Storm Remaining Sewer Sewer Total 7120 7300 111,099 $1,450,014 55,549 55,549 111,099 $1,397,991 55,549 55,549 111,099 $1,343,849 55,549 55,549 111,099 $1,287,501 55,549 55,549 111,099 $1,228,857 55,549 55,549 111,099 $1,167,824 55,549 55,549 111,098 $1,104,305 55,549 55,549 111,099 $1,038,197 55,549 55,549 111,099 $969,396 55,549 55,549 111,089 $897,792 55,544 55,544 111,099 $823,271 55,549 55,549 111,099 $745,714 55,549 55,549 111,099 $664,997 55,549 55,549 111,099 $580,991 55,549 55,549 111,099 $493,563 55,549 55,549 111,099 $402,573 55,549 55,549 111,099 $307,876 55,549 55,549 111,099 $209,321 55,549 55,549 111,099 $106,750 55,549 55,549 111,099 $1 55,549 55,549 2,221,961 1,110,981 1,110,981 2,221,961.01 245 city of FXFCl[JT1VF J )""ARY golden x valle Administrative Services 763-512-2345 / 763-512-2344 (fax) Golden Valley City Council Meeting December 20, 2022 Agenda Item 3L. Adopt Resolution No. 22-122 Correcting Golden Valley Fire Relief Association By -Law Pension Amount and Terms of Pension Steps Prepared By Sue Virnig, Finance Director John Crelly, Fire Chief Summary On October 18, 2022, Council adopted Resolution No. 22-095 approving the Golden Valley Fire Relief Association Pension Plan. The proposed resolution corrects percentages and amounts as the original resolution was incorrect. Financial or Budget Considerations The current liability meets the funding level criteria for city on January 1, 2023. The amounts of the original Resolution No. 22-095 had incorrectly stated the percentages for early vesting reduction. Legal Considerations Legal approved the change to Resolution No. 22-095 presented at the October 18 Council meeting. Equity Considerations The proposed resolution meets the criteria of the first pillar of the City's Equity Plan - economic prosperity for all. Recommended Action Motion to Adopt Resolution No. 22-122 Approving Golden Valley Fire Relief Association By -Law Article XI Increasing the Service Pension from $12,200 to $13,000 and changing the pension steps from 10-20 years to 5-10 years. Supporting Documents • Resolution No. 22-122 - Fire Relief Pension Level-1 246 RESOLUTION NO. 22-122 RESOLUTION APPROVING GOLDEN VALLEY FIRE DEPARTMENT RELIEF ASSOCIATION BY-LAW ARTICLE XI INCREASING SERVICE PENSION AMOUNT WHEREAS, the Golden Valley Fire Department Relief Association has by-laws governing their process for active duty; and WHEREAS, Resolution No. 22-095 was passed on October 18, 2022 with errors to the early vesting reduction and now includes the correct percentage for early vesting reduction, the amounts of the pension were correct, and WHEREAS, an active member of the Golden Valley Fire Department Relief Association is eligible to collect a lump sum service pension subject to Article XI of the by- laws; and WHEREAS, the City of Golden Valley may be required to approve a relief association's pension benefit level, and also may be required to make contributions to fund relief association pension benefits; and WHEREAS, the Article XI relates to a section of the by-laws; and WHEREAS, the Annual Service Pension amount approved shown in Exhibit A; and WHEREAS, the Fire Relief added to their policies that the benefit increases will be pursued under the following guidelines: using the State current year Schedule Form (SC) that show projected assets and accrued liabilities must be at a funding ratio of at least 120% and the amount will not have triggered a municipal contribution on the current year SC form. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Golden Valley, Minnesota, as follows: Approve the Annual Service Pension in Article XI from $12,200 to $13,000 and the Early Vesting Provision from 10 to 20 years to 5 to 10 years. Adopted by the City Council of Golden Valley, Minnesota this 20th day of December 2022. Shepard M. Harris, Mayor ATTEST: Theresa Schyma, City Clerk 247 Resolution No. 22-122 - Continued EXHIBIT A ARTICLE XI Completed Years of Service Early Vesting Reduction Pension Amount 4$5 4Q04, 60% $ 73,299 $ 26,000 44-6 46-04-50448% $ 85,888 $ 40,560 421-7 94-0/e,-36% $ 99,552 $ 58,240 4-9-8 76%-24% $ 114,192 $ 79,040 4-4-9 24,04 -8$0,412% $ 12Q�Q $ 102,960 45 -10 2-9-0/& -4 40% $ 146,499 $ 130,000 46 4-6-04 47 42-0/& $4 82 , 4 9 $°/a 49 4% 2-9 RGRe $244-,999 More than 2-9 10 none Add $4-,999 $13,000 per year 248 city of O TIVIF J )""ARY golden x valle Physical Development 763-512-2345 / 763-512-2344 (fax) Golden Valley City Council Meeting December 20, 2022 Agenda Item 3M. Adopt Resolution No. 22-123 Supporting No Mow May Initiative Prepared By Drew Chirpich, Water and Natural Resource Specialist Summary Over the last few years Golden Valley has implemented policies and practices supporting pollinators and their habitat. In a continuation of these efforts, staff is proposing to participate in the No Mow May Initiative. The intention of a No Mow Initiative is to allow temperatures to remain above 50 degrees for a period of approximately one week so that ground nesting insects including various bee species can wake from hibernation prior to being mowed. Delaying mowing also allows beneficial forbs to bloom to provide habitat and food sources to insects in the spring when food sources are sparse. Staff has worked internally and with the Environmental Commission on development of a Resolution and process to help facilitate this initiative where residents who are hoping to take part self -report their participation to the City website, similar to a recreational fire permit. Financial or Budget Considerations No direct financial impact; however, additional staff time will be required to help facilitate the initiative. Staff will monitor its time to see if additional resources may be necessary in future years. Legal Considerations None. However, the Environmental Commission and staff may want to perform a comprehensive review of the yard maintenance requirements in city code as part of the Commission's future work plan. Equity Considerations This item follows the City's Equity Plan by providing unbiased services via an initiative that all residents can participate in. Recommended Action Adopt Resolution No. 22-123 Supporting No Mow May Initiative. Supporting Documents • Resolution No. 22-123 Supporting No Mow May Initiative 249 RESOLUTION NO. 22-123 RESOLUTION TO SUPPORT NO MOW MAY INITIATIVE WHEREAS, the Golden Valley City Council approved Resolution No. 19-56 endorsing pollinator friendly policies. WHEREAS, the Golden Valley City Council recognizes that bees and other pollinators are integral to pollination of plants in order to grow a wide diversity of essential foods including fruit, nuts and vegetables; and WHEREAS, pollinator populations are threatened due to habitat loss, neonicotinoid use, pathogens and parasites; and WHEREAS, recent research suggests that bee pollinators make use of no mow spaces as key floral resources during early spring in the upper Midwest United States; and WHEREAS, pollinators and floral resources have a positive relationship, where the increase in pollinators can increase the amount of flora and vice versa; and WHEREAS, the City Council finds it is in the public interest and consistent with adopted City policy for the City to demonstrate its commitment to a safe and healthy community environment through the implementation of initiatives that help increase the pollinator population. NOW THEREFORE BE IT RESOLVED by the City Council of the City of Golden Valley, Hennepin County, Minnesota, To continue its efforts to become a pollinator friendly City by ensuring best management practices for management of vegetation, and To continue to identify actively maintained areas that could be converted back to vegetation favorable to bees and other pollinators, or left natural to promote nesting areas for bees, and To proclaim May 1 through May 31 as "No Mow May", and encourage all residents of the city who wish to participate in this initiative to register with the City and refrain from mowing their lawns in the month of May to provide vital early spring flowers for bees that emerge from hibernation, and To temporarily suspend enforcement for No Mow May registered participants of Golden Valley City Code requirements in Sec 10-89, specifically that "No owner or occupant shall allow any turf grass, weeds, native vegetation [not covered by a native vegetation permit] or rank vegetation to grow to a height greater than eight inches on a majority of any lot or parcel of land" from May 1 to June 1, while continuing to enforce the Minnesota State Mandate regarding the management of noxious weeds, and 250 To continue enforcement of the above City Code requirements for any properties not registered for No Mow May, and To develop a registration portal online for those interested in participating in this initiative, where participants will be required to register and where interested parties can learn about the importance of creating and maintaining a pollinator friendly landscape. Adopted by the City Council of Golden Valley, Minnesota this 20th day of December 2022. Shepard M. Harris, Mayor Attest: Theresa J. Schyma, City Clerk 251 pity °f l[JTIVE SUMMARY golden 'W Val Physical Development 763-512-2345 / 763-512-2344 (fax) Golden Valley City Council Work Session December 20, 2022 Agenda Item 3N. Receive and File Downtown Traffic Study Prepared By RJ Kakach, Assistant City Engineer Jeff Oliver, City Engineer Summary Over the past several years, the City has completed several plans and studies that focus on implementing downtown redevelopment. These include the 2040 Bicycle and Pedestrian Plan, the 2040 Comprehensive Plan, the Municipal Facilities Study, and the Downtown Study (Phases 1-III). The Downtown Traffic Study evaluated potential future redevelopment sites and how traffic operations on the adjacent street system would be impacted and recommended improvements to accommodate future traffic demands. The study area includes approximately 160 acres bound by Trunk Highway 55 (TH 55) on the south, 10th Avenue N on the north, Boone Avenue N on the west, and Pennsylvania Avenue N on the east. A small area off the southeast quadrant of TH 55 and Winnetka Avenue was also included in the study. Access points and study intersections were identified to determine how drivers were entering the downtown area and where drivers were going to or from within the downtown area. A crash analysis was performed as part of the study to identify where crashes were occurring and the severity of the crashes. Access points and turning movements were evaluated under existing conditions and forecasted out for future growth and redevelopment. Existing development trips were removed from the downtown area and replaced with future trips based on a 20 year redevelopment build out. Traffic operations were also reviewed at the existing and future redevelopment level. The results of the study showed that operationally the existing street system is expected to handle the demand of future downtown redevelopment. A mini roundabout at Golden Valley Road and Wisconsin Avenue is proposed to improvement intersection operation. Future access consolidations are recommended to reduce crashes in the downtown area and also improve traffic operations. The additional trips generated from future develop will have a nominal impact on existing traffic delays in the area. The area of of the southeast quadrant of TH 55 and Winnetka was evaluated for future redevelopment and trip generation and it was determined the Harold Avenue and Winnetka Avenue intersection does have capacity for future R-3 residential redevelopment. Lastly, opportunities for pedestrian safety improvements should be evaluated with redevelopment and infrastructure improvements. 252 The Council discussed the study at the December 13th Council Work Session and did not have any edits or changes. Legal Considerations None at this time. Equity Considerations The Downtown Traffic Study evaluated all methods of transportation for all users of the street network including pedestrians, bicyclists, bus riders, and vehicles. Section 8.3 of the study include recommendations for future non -vehicle safety improvement opportunities. Recommended Action Motion to receive and file Downtown Traffic Study. Supporting Documents • Final Golden Valley Downtown Traffic Study Report 253 SEH Building a Better World for All of Us® Engineers I Architects I Planners I Scientists 254 Contents 1 Introduction................................................................1 2 Study Area.................................................................1 3 Existing Conditions.....................................................4 3.1 Roadway and Multimodal Facilities........................................................4 3.2 Crash History ..........................................................................................8 3.3 Access Inventory..................................................................................13 3.4 Turning Movement Counts...................................................................16 4 Future Conditions.....................................................18 4.1 Proposed Redevelopment....................................................................18 4.2 Origin -Destination Analysis(StreetLight)..............................................19 4.3 Existing Development Trip Removal.....................................................20 4.4 Background Traffic Growth...................................................................21 4.5 Redevelopment Trip Generation & Distribution....................................21 5 Traffic Operations Analysis......................................29 5.1 Existing Conditions...............................................................................29 5.2 2042 No Build Conditions.....................................................................30 5.3 2042 Build Conditions...........................................................................32 5.4 Area 5 Sensitivity Analysis...................................................................34 5.5 Golden Valley Road at Wisconsin Avenue Intersection Analysis .......... 36 6 Multimodal Considerations.......................................41 7 Summary of Findings...............................................42 7.1 Crash History ........................................................................................42 7.2 Access Inventory..................................................................................42 7.3 Trip Generation and Distribution...........................................................42 7.4 Traffic Operations.................................................................................43 8 Conclusion and Recommendations...... ..........43 8.1 Access Management............................................................................44 8.2 Wisconsin Avenue at Golden Valley Road Mini Roundabout ...............45 8.3 Enhanced Uncontrolled Pedestrian Crossings.....................................45 SEH is a registered trademark of Short Elliott Hendrickson Inc. GOLDEN VALLEY DOWNTOWN REDEVELOPMENT TRAFFIC STUDY GOLDV 166095 255 Contents (continued) List of Tables Table 1 — Existing Transportation Conditions Summary .............................................5 Table 2 — Intersection Crash Summary (Jan. 2017 — June 2022) ..............................9 Table 3 — Segment Crash Summary (Jan. 2017 — June 2022)................................11 Table 4 — Access and Signal Spacing Guidelines'...................................................13 Table 5 — Existing Trips Removed for Redevelopment............................................21 Table 6 — Existing Trips Removed for Redevelopment............................................22 Table 7 — Existing Trips Removed for Redevelopment............................................22 Table 8 — Full Redevelopment Trip Generation........................................................23 Table 9 — Existing and Full Redevelopment Trip Comparison..................................23 Table 10 — Level of Service Thresholds................................................................... 29 Table 11 — Existing Traffic Operations(SimTraffic)..................................................30 Table 12 — 2042 No Build Traffic Operations(SimTraffic)........................................31 Table 13 — 2042 Build Traffic Operations (SimTraffic)............................................. 33 Table 14 — Area 5 Trip Generation Scenarios.......................................................... 34 Table 15 — 2042 Build Traffic Operations — Area 5 Sensitivity Analysis (SimTraffic) 36 Table 16 — 2042 Build Traffic Operations — Golden Valley Rd at Wisconsin Ave (HCS) .................................................................................................................. 37 List of Figures Figure 1 — Project Location........................................................................................3 Figure 2 — Existing Roadway Conditions....................................................................6 Figure 3 — Existing Multimodal Facilities....................................................................7 Figure 4 — Crash Analysis (Jan. 2017 — June 2022)................................................12 Figure 5 — Existing Access Locations.......................................................................15 Figure 6 — Existing (2022) Traffic Volumes..............................................................17 Figure 7 — StreetLight Gate Locations......................................................................24 Figure 8 — Trip Distribution....................................................................................... 25 Figure 9 — Existing Development and Redevelopment Trips....................................26 Figure 10 — 2042 No Build Traffic Volumes..............................................................27 Figure 11 — 2042 Build Traffic Volumes...................................................................28 Figure 12 — 2042 Area 5 Sensitivity Analysis Traffic Volumes.................................35 Figure 13 — Golden Valley Road at Wisconsin: Single Lane Roundabout Concept .39 Figure 14 — Golden Valley Road at Wisconsin: Mini Roundabout Concept..............40 Figure 15 — Golden Valley Downtown Study Proposed Bike/Walk Network and Facilities.............................................................................................................. 41 Figure 16 — Recommendations Summary Map........................................................46 GOLDEN VALLEY DOWNTOWN REDEVELOPMENT TRAFFIC STUDY GOLDV 166095 256 Contents (continued) List of Appendices 2022 Traffic Turning Movement Counts Trip Generation Tables Operations Summary Tables and Reports FHWA's Guide for Improving Pedestrian Safety at Uncontrolled Crossing Locations (Treatment Matrix) GOLDEN VALLEY DOWNTOWN REDEVELOPMENT TRAFFIC STUDY GOLDV 166095 257 Golden Valley Downtown Redevelopment Traffic Study Prepared for the City of Golden Valley 1 I Introduction 2 The City of Golden Valley (City) plans to revitalize its downtown area into a community -oriented destination. The City is taking steps to strategically redevelop the land uses, create more enjoyable and comfortable streets, improve the safety of intersections, and strengthen its multimodal network in the area. The City has completed several key plans and studies that focus on implementing this vision now and into the future, including: • 2040 Bicycle and Pedestrian Plan • 2040 Comprehensive Plan (Chapter 4: Transportation) • Municipal Facilities Study • Golden Valley Downtown Study (Phases 1-III) The purpose of the Downtown Redevelopment Traffic Study is to review the planning and policy work that the City has completed to evaluate the impact the proposed redevelopment sites may have to the traffic and operations on the surrounding street network as well as identify any recommended mitigations to address the expected traffic demands. STIM Ares The approximately 160-acre study area is bounded by Trunk Highway 55 (TH 55) to the south, 10th Avenue N to the north, Boone Ave N to the west, and Pennsylvania Ave N to the east. The following street segments are included in the project area: • TH 55 (Boone Ave N to Rhode Island Avenue N) • Golden Valley Road (Boone Avenue N to Pennsylvania Avenue N) • 10th Avenue N (Boone Ave N to Rhode Island Avenue N) • Boone Avenue N (TH 55 to 10th Avenue N) • Wisconsin Avenue N (TH 55 to 10th Avenue) • Winnetka Avenue N (Harold Avenue to 10th Avenue N) • Rhode Island Avenue N (TH 55 to 10th Avenue N) GOLDEN VALLEY DOWNTOWN REDEVELOPMENT TRAFFIC STUDY Page 1 GOLDV 166095 258 The traffic study reviewed operations at 14 study intersections: 1. 10th Avenue at Boone Avenue 6. Golden Valley Road at N (Signal) Winnetka Avenue (Signal) 2. 10th Avenue at Wisconsin 7. Golden Valley Road at Avenue (Minor Stop) Rhode Island Avenue (Signal) 3. 10th Avenue at Winnetka 8. Golden Valley Road at Avenue (Signal) Pennsylvania Avenue (Minor Stop) 4. Golden Valley Road at Boone 9. Rhode Island Avenue at Avenue (Signal) Country Club Drive (Minor Stop) 5. Golden Valley Road at 10. TH 55 at Boone Avenue Wisconsin Avenue (All -way (Signal) Stop) A site location map is shown in Figure 1. 11. TH 55 at Wisconsin Avenue (Minor Yield) 12.TH55at Winnetka Avenue (Signal) 13. TH 55 at Rhode Island Avenue (Signal) 14. Winnetka Avenue at Harold Avenue (Minor Stop) GOLDEN VALLEY DOWNTOWN REDEVELOPMENT TRAFFIC STUDY Page 2 GOLDV 166095 259 0 co N O ohm" iWtlm 00 0 0 r� MM 0 S O C 10 jo I r 156 'mil .:o }1 ! ! r r ! O.^"ti ooa O p ! `! 1 e p N L LL E E cu = 0 0 a� O � � J c '' 0 > .O 0 a ion a >N _0 E 7 c c (3) cu 0 c� _ E o o E 0 0 U -0 N fL 0 N c Q 0 _0 _0 C C o m cn cn w w in I I I I 0 N o � N U O N Q >N � > E - o w Ef as ~ ao� �E y N LL O N > (6 LO E> P N a O Of E� Eo pxw uopeool roafad [ am6i-�\SIO-06\s5uinneJp-1,g\u6sp-leug-g\960991\AOIOO\O\fd\:X:filed 3 3.1 Existing Conditions The downtown area is comprised of various roadway functional classifications, intersection control types, multimodal facilities, land uses, vehicular volume demand, safety concerns, and access density. This chapter will summarize these existing conditions to present a holistic understanding of the characteristics within the study area. Roadway and Multimodal Facilities Table 1 summarizes the existing roadway conditions and multimodal facilities along each roadway within the study area. The existing functional classifications were obtained from the Metropolitan Council's classification outlined in the 2040 Golden Valley Comprehensive Plan. It is noted that the plan proposes a few changes to the functional classifications, predominantly from a local to collector street (e.g. Golden Valley Road west of Winnetka Ave). The daily traffic volume data was provided by MnDOT's Traffic Mapping Application with most of the data collected in 2017. Figure 2 depicts the existing roadway conditions within the study area, including the existing traffic control and lane configuration at each study intersection. The existing multimodal amenities in the project area include networks of sidewalk, multi -use trails, on -street bicycle lanes, Metro Transit bus routes 705 and 755, transit stops, and the Luce Line Regional Trail. The on -street bicycle lanes in the study area were recently implemented in 2021 as part of the City's bicycle lane project, which reallocated the existing roadway width to stripe bicycle lanes on both sides of the respective segments. Additionally, there are seven existing uncontrolled crossing locations within the downtown area, located along Golden Valley Road, Rhode Island Avenue, Pennsylvania Avenue, and 10th Avenue. One RRFB is planned for 2022 construction at the intersection of Winnetka Avenue at Harold Avenue/Brookview Parkway. Figure 3 summarizes the Existing Multimodal Facilities within the study area. Examples of some of these facilities are shown in the images below. 4 GOLDEN VALLEY DOWNTOWN REDEVELOPMENT TRAFFIC STUDY Page 4 GOLDV 166095 261 Table 1 — Existing Transportation Conditions Summary Roadway (Functional Daily Traffic Volume' Lanes Posted Speed Limit (MPH) Multimodal s Classification') TH 55 - -AAL== • Pedestrian (Principal Arterial) 36,000 4 lanes, divided 55 overpass at Winnetka Ave • 3 lanes (Boone to • Sidewalk on one or • 2,650-3,600 (W of Wisconsin) both sides Golden Valley Rd Wisconsin) • 2 lanes, divided • On -street bicycle (Local, W of • 5,700-7,900 (W of (Wisconsin to • 30 (W of Winnetka) lanes from Boone Winnetka; Collector, Rhode Island) Rhode Island Ave) • 35 (E of Winnetka) Ave to Wisconsin Ave and east E of Winnetka) • 5,900 (E of Rhode • 2 lanes, undivided Rhode Island AveA Island) (E of Rhode Island • Metro Transit Bus Ave) Route • Sidewalk on south • 1,550-2,400 (W of side 10th Ave Winnetka) 2 lanes, undivided 30 • On -street bicycle (Local) • 2,850 (E of lanes Winnetka) • Metro Transit Bus Route • 4 lanes, divided • 3,150 (N of 10th (Approximately S of • On -street bicycle Boone Ave N Ave) Golden Valley Rd) 30 lanes (Collector) • 6,600 (N of TH 55) • 2 lanes, undivided • Metro Transit Bus • 7,900 (S of TH 55) (Approximately N of Route Golden Valle Rd • 1,350 (N of Golden • Sidewalk on one or Wisconsin Ave Valley Rd) 2 lanes, undivided 30 both sides (Local) • 2,650 (S of Golden • Metro Transit Bus Valle Rd) Route • 12,500 (N of 10th • Sidewalk on both Winnetka Ave Ave) sides (CSAH 156) • 15,000 (TH 55 to 4 lanes, divided 30 • Metro Transit Bus (Minor Arterial) 10thAve) Route • 9,000 S of TH 55 • 3 lanes (N of • 30 (N of Golden • Sidewalk on both Rhode Island Ave Golden Valley Rd) Valley Rd) sides (Local) 7,000 2 lanes, divided (S • 35 (S of Golden • On -street bicycle of Golden Valle y Valley Rd) lanes Rd Pennsylvania Ave Not Available 2 lanes, undivided 30 • Sidewalk (Local) • Regional trail Country Club Dr • Sidewalk on south (Local) 2,250 2 lanes, undivided 30 side • Regional Trail • Sidewalk on south Harold Ave 1,250 2 lanes, undivided 30 side (Local) • Planned RRFB at Winnetka Avenue Notes: 'Source: 2040 Golden Valley Comprehensive Plan - Chapter 4: Transportation 2Source: MnDOT Traffic Mapping Application GOLDEN VALLEY DOWNTOWN REDEVELOPMENT TRAFFIC STUDY Page 5 GOLDV 166095 262 M N la I- pa m I iY tA + w o Wll LO o W M D � )ttIL ...7 - I "• p U) cu 13) .5 �_ N N N E O Q Z O a) C C C C J N J N J M J V N � o O � L O 0 (6 U Q Z U) _0 fn N Q p O co "E .0 co> U L cu M Q (n J ® ® + ❑ �U) o E Qcu �► O O O > aa) U a) C: -0 C: 0 �> Ct o aa) 0� 2 ,y > W N O cD 1 Eo w N O LL Lon � LO N O pxw suol,il,puo0 Rempeoa Bul,isl,xd Z am Bl,d\SIEJ-06\sBul,nneJp-l.g\u Bsp-leul,l-9\960991V\a7OEJ\EJ\'d\:X :41ed j----------------- — g -- -- I I I OWN I ' I I I I { I I I I I I I l r, A N o W U � 0 N N cB O o m ~ o (3) � ) � m L.L E O W a` a E c E O N +' o c6 0 U a` wo � -O > C -O m E J (n d o N C L)cu N - N 13) m (6 O LL O O Md LO I ii E N N O N CN CN e o cn N O . O ao -o c6 N N cu OL ca o cu ca U o Q ccu o _ o ca a E E fn J N 0 � O 0 Y c6 U U -0cu - I I - � %A a EO pxw sai,llli,oed lepowiignW 5w,lsi,x3 £ aan Bi,d\SI�J-06AsBw,nnea p-l9W �sp-leull-9A960991 V�a�O�JA�J�fd\X :41ed 3.2 Crash History Crash data from January 1, 2017 through June 30, 2022 (5.5 years) were obtained from the MnDOT Crash Mapping Analysis Tool (MnCMAT2). The type and severity of the crashes were reviewed and crash rates and critical rates were calculated for the study intersections. The crash rate at each intersection is expressed as the number of crashes per million entering vehicles (MEV). The critical crash rate is a statistical value that is unique to each intersection and is based on vehicular exposure and the statewide average crash rate for similar intersections. An intersection with a crash rate higher than the critical rate can indicate a safety concern at the intersection and the site should be reviewed. Crash severity is separated into five categories based on injuries sustained during the crash. • Fatal — Crash that results in a death • Severity A — Crash that results in an incapacitating injury or serious injury • Severity B — Crash that results in a non -incapacitating injury or minor injury • Severity C — Crash that results in possible injury • Property Damage — Crash that results in property damage only, with no injuries Intersection Crash Summary • There was a total of 196 crashes that occurred in the 5.5-year timeframe at the 14 study intersections. • There were no fatal crashes and two Severity A crashes in the 5.5-year timeframe. The intersections of TH 55 at Boone Avenue and TH 55 at Wisconsin Avenue each experienced one Severity A crash. • Most crashes (65%) resulted in Property Damage only. • Approximately 20% of crashes resulted in a Severity C injury; 15% of crashes resulted in a Severity B injury. • None of the study intersections exceeded the critical crash rate. Note that not exceeding the critical rate indicates that statistically there has been no existing major safety problems, though it doesn't alleviate all safety concerns. • The crash rates at the following intersections were above the MnDOT average rate: 10th Avenue at Winnetka Avenue and Golden Valley Road at Boone Avenue. • Approximately 55% of the crashes at TH 55 at Boone Avenue were rear end crashes; approximately 67% of all crashes at TH 55 at Winnetka Avenue were rear end crashes. The intersection crash information is summarized in Table 2. Intersection crash locations are represented in Figure 4. GOLDEN VALLEY DOWNTOWN REDEVELOPMENT TRAFFIC STUDY Page 8 GOLDV 166095 265 Table 2 - Intersection Crash Summary (Jan. 2017 - June 2022) 10th Ave at Boone Ave* 0 0 Crash Severity • C 0 0 Property Damage 3 Total 3 Crash Int. 0.32 Rates Critical 1.16 10th Ave at Wisconsin Ave 0 0 0 0 0 0 0.00 0.65 10th Ave at Winnetka Ave* 0 0 3 3 7 13 0.55 0.91 Golden Valley Rd at Boone Ave* 0 0 1 4 9 14 0.69 0.94 Golden Valley Rd at Wisconsin Ave 0 0 1 0 0 1 0 0 0.00 1 0.69 Golden Valley Rd at Winnetka Ave* 0 0 1 0 10 11 0.40 0.87 Golden Valley Rd at Rhode Island Ave* 0 0 1 1 1 3 0.18 0.99 Golden Valley Rd at Pennsylvania Ave 0 0 1 0 0 1 0.09 0.46 Country Club Dr at Rhode Island Ave 0 0 0 1 0 1 0.09 0.44 TH 55 at Boone Ave* 0 1 10 11 33 55 0.70 0.82 TH 55 at Wisconsin Ave 0 1 0 4 8 13 0.20 0.21 TH 55 at Winnetka Ave* 0 0 6 8 43 57 0.71 0.82 TH 55 at Rhode Island Ave* 0 0 3 8 14 25 0.37 0.84 Harold Ave at Winnetka Ave 0 0 1 0 0 1 0 0 0.00 0.41 TOTAL 0 2 1 26 40 1 128 196 *Signalized Intersection Segment Crash Summary • There was a total of 39 additional crashes that occurred between the study intersections along roadway segments, predominantly at driveways. • There were no fatal or Severity A crashes in the 5.5-year time frame. • Most crashes (82%) resulted in Property Damage only. • Approximately 8% of crashes resulted in a Severity C injury; 10% of crashes resulted in a Severity B injury. • Most crashes (49%) were right-angle crashes; 26% were a side -swipe crashes. • The segment of Golden Valley Road from Winnetka Avenue to Rhode Island Avenue: - Exceeds the critical crash rate with 5 crashes occurring in the 5.5-year timespan. - 2 of the 5 crashes occurred at the same driveway during construction activity on Golden Valley Road. • The segment of Golden Valley Road from Boone Avenue to Wisconsin Avenue: - Crash rate exceeds the MnDOT's average crash rate • The segment of Golden Valley Road from Wisconsin Avenue to Winnetka Avenue: - Exceeds the critical crash rate with 6 crashes occurring in the 5.5-year timespan. - 4 of the 6 crashes occurred during snowy/icy conditions - 3 of the 4 snowy/icy condition crashes occurred along the curve by Wells Fargo. • The segment of Wisconsin Avenue from Golden Valley Road to 10th Avenue: - Crash rate is above MnDOT's average crash rate for urban 2-lane roadways with a similar AADT GOLDEN VALLEY DOWNTOWN REDEVELOPMENT TRAFFIC STUDY Page 9 GOLDV 166095 266 • The segment of Winnetka Avenue from TH 55 to Golden Valley Road: — Exceeds the critical crash rate with 10 crashes occurring in the 5.5-year timespan. — 2 of the 10 crashes involved non -compliant exit maneuvers at the right-in/right-out access on the east side of Winnetka Avenue (i.e. taking a left turn out). — 6 of the 10 crashes were angle crashes at driveways involving through vehicles on Winnetka and exiting vehicles from driveways. The segment crash information is summarized in Table 3. Segment crash locations are evident in Figure 4. GOLDEN VALLEY DOWNTOWN REDEVELOPMENT TRAFFIC STUDY Page 10 GOLDV 166095 267 Table 3 - Segment Crash Summary (Jan. 2017 - June 2022) CriWeverity Crash Rates Roadway Segment Property Segment Fatal ME& Damage Total Critical Rate Boone Ave to 0 0 0 0 2 2 0.13 0.90 Wisconsin Ave LO Wisconsin Ave to 0 0 0 0 0 0 0.00 0.89 Winnetka Ave Winnetka Ave to 0 0 0 0 1 1 0.10 1.03 Ro hde Island Ave Boone Ave to 0 0 1 0 1 2 0.92 2.66 Wisconsin Ave c� Wisconsin Ave to 0 0 0 0 6 6 2.96 2.73 Winnetka Ave j Winnetka Ave to 0 0 1 0 4 5 3.72 3.24 Rhode Island Ave o Rhode Island Ave cD to Pennsylvania 0 0 0 0 0 0 0.00 3.59 Ave Boone Ave to Wisconsin Ave 0 0 0 0 1 1 1.26 4.11 c Wisconsin Ave to Q 0 0 0 0 0 0 0.00 3.89 Winnetka Ave Winnetka Ave to 0 0 0 0 0 0 0.00 5.21 Rhode Island Ave TH 55 to Golden � 0 0 0 0 0 0 0.00 6.91 o m Valley Rd �° Q Golden Valley Rd to 0 0 0 0 0 0 0.00 2.64 10th Ave TH 55 to Golden °> Valley Rd 0 0 0 0 0 0 0.00 5.72 .� Golden Valley Rd to c 0 0 0 0 1 1 1.43 4.37 10th Ave Harold Ave to TH 0 0 0 0 0 0 0.00 5.29 Q 55 Y TH 55 to Golden 0 0 1 1 8 10 5.85 5.07 Valley Rd c Golden Valley Rd to 0 0 1 2 5 8 1.64 3.74 10th Ave TH 55 to Country 0 0 0 0 2 2 0.72 3.25 c c� Club Dr in Country Club Dr to o a Golden Valley Rd 0 0 0 0 0 0 0.00 5.63 Golden Valley Rd to 0 0 0 0 1 1 0.58 2.91 10th Ave Total 0 0 4 3 32 39 Segment Crash Rate Exceeds Critical Crash Rate GOLDEN VALLEY DOWNTOWN REDEVELOPMENT TRAFFIC STUDY Page 11 GOLDV 166095 268 4I 4 IN 0) co N LL L • a N Q�� ° a u a ® }' yM >,o N E C � �o am � N m � - i (6 u) U) N N L Q CU U N cu L U O O I U (6 (D U) m O > W C cu m O 70 m os co .� 0 y� CU > - 0,,. o C O o 0000 c a L = Q g E .- = N = o == y o E ca u) = .5 cu O� N cc E N -0 Y � � i � Cd (B a% �o - U -j-u ca E N o 00 > 0 N 0 0 0 U I2E `wo N N O LL LO LO N 2 - Fo Pxw"IZZOZ aunf-L IOZ uep)sisR�euy yse�p ga�n6i,ASI�J-O6As6ui,nne�p-�gpBsp-cul4- 6C99,'.AQ7CS.°S rf :X:41ed 3.3 Access Inventory Access density and access types (e.g. full access, partial access, etc.) on roadway segments can affect the safety and overall performance of a roadway since they introduce additional conflict points, impact operations, and cause confusion for roadway users. Roadways that prioritize mobility, such as principal arterials, minor arterials, and collector streets, perform better with well - planned access spacing The existing access locations, type, and spacing were evaluated to identify access management opportunities and safety improvements within the downtown area. In addition to the 11 public street intersections, there are a total of 63 driveway access points within the study area, with 53 accesses in the downtown study area and 10 additional accesses in the southeast quadrant of TH 55 and Winnetka Avenue (Area 5). Within the study area, there are four public street intersection types (3/4 access, minor stop control, all -way stop control, and signal control) and four driveway access type (full access, right-in/right-out, enter only, and exit only). Access restrictions are imposed primarily by center raised medians or signing. Generally, more restrictive intersection or driveway access types have less conflicts and enhanced safety. Figure 5 shows the existing access locations, their access types, and the roadway functional classification in the study area. Using MnDOT's guidelines for access spacing, the City of Golden Valley observes the access and signal spacing guidelines shown in the Comprehensive Plan, Chapter 4 and summarized below in Table 4. Table 4 — Access and Signal Spacing Guidelines' Jir Intersection .. Functional ..Corridors SubcategoryClassification Secondary 1 Golden is Principal Arterials Category: 4 Intersection Intersection 1/2 mile 1/4 mile 1/2 mile TH 55 (Expressways) Subcategory: B Principal Arterials Category: 4 1 mile interchange N/A 1-394, Hwy 169 (Freeways) Subcategory: B Category: 5 Douglas Drive, Minor Arterials 1/4 mile 1/8 mile 1/4 mile Subcategory: B Winnetka Ave N Category: 6 g Golden Valley Collectors 1/8 mile N/A 1/4 mile Road, Boone Subcategory: B Ave Notes: 'Source: 2040 Golden Valley Comprehensive Plan — Chapter 4: Transportation, Table 4.2 Many of the roadways within the study area are local streets, which are most suitable to serve more closely spaced public street and private driveway accesses. There are no freeways within the downtown study area; however, TH 55 (Principal Arterial, Expressway) borders the downtown area to the south. The existing right-in/right-out access and signals on TH 55 between Boone Avenue and Winnetka Avenue meet the 1/4-mile and 1/2-mile spacing guidelines, respectively. However, the spacing between the signals on TH 55 between Winnetka Avenue and Rhode Island Avenue is less than the 1/2-mile spacing guidelines at approximately 0.15-mile spacing. GOLDEN VALLEY DOWNTOWN REDEVELOPMENT TRAFFIC STUDY Page 13 GOLDV 166095 270 Winnetka Avenue is the single Minor Arterial roadway through the project area. The signals between Golden Valley Road and 10t" Avenue are spaced 1/4-mile apart while the spacing between the Golden Valley Road and TH 55 signals are spaced approximately 1/8-mile apart, which is below the guidelines. Along Winnetka Avenue, there are many intersections that are spaced below the 1/8-mile spacing guidelines for secondary intersections. Therefore, Winnetka Avenue may benefit from access consolidation or restrictions as redevelopment occurs to preserve the mobility and safety of the corridor. For example, the commercial driveways on the west side of Winnetka Avenue between TH 55 and Golden Valley Road could be consolidated and restricted to a right-in/right-out access. The driveway on the east approach is already a right- in/right-out driveway but is not mirrored on the west approach and experiences compliance issues. Installing a center raised median to further restrict these driveways will enhance the safety and mobility of this roadway segment. Boone Avenue and Golden Valley Road (east of Winnetka Avenue) are the two Collector roadways within the study area. The signal spacing on Boone Avenue between TH 55 and 7t" Avenue/Golden Valley Road and the signal spacing on Golden Valley Road between Winnetka Avenue and Rhode Island Avenue are spaced closer than the 1/4-mile guideline. There are no specific access spacing guidelines for secondary intersections/driveways for Collector roadways. The remaining roadways are classified as Local Streets and do not adhere to specific access spacing guidelines since these roads are lower speed and prioritize access over mobility. However, there are likely opportunities for the City to consolidate and manage existing accesses as redevelopment occurs to provide safer and more reasonable access on the local roadway network. In addition, any new access point considered should be planned to minimize negative impacts to safety and operations of nearby street or driveways. GOLDEN VALLEY DOWNTOWN REDEVELOPMENT TRAFFIC STUDY Page 14 GOLDV 166095 271 N ti N d -Aax L) U Q 7 O L U) N C > L) O c Q s O LL Lu LU ❑❑❑a o Q `O Q (6 N U U O C U d O -Z C O ig: U Q U) 0 U) Z_ Q o o U n ( Q O O (6 C C C ❑ o® 7 EE 0 E = EE pxw suoi ,�-7ss—V 6m ,;si,xd Sam6i,d\SIJ--06\s5uimneJp-19\u5sp-leuil-9\960991\ a7OEJ\EJ\d\:X:41ed 3.4 Turning Movement Counts Vehicle turning movement counts were collected during weekdays with normal traffic patterns in March and April 2022. SEH deployed a total of 39 video cameras to collect turning movement count data at the 14 study intersections and 25 existing downtown driveways. The data at the study intersections was processed for a total of 13 hours (6AM-7PM). The network peak hour periods were determined to be 7:30-8:30 AM and 4:30-5:30 PM. The existing turning movement count data is summarized in Figure 6. Complete vehicle turning movement counts are included in Appendix A. The data at the existing driveway locations were processed only for the network AM and PM peak hours. This information was used to more accurately estimate the number of trips that will be removed from the network in the analysis due to the redevelopment. GOLDEN VALLEY DOWNTOWN REDEVELOPMENT TRAFFIC STUDY Page 16 GOLDV 166095 273 �� FZ- �� iz' N .0 '- 12 / (23) t< 19 / (30) 10th Ave 13 / (20)-$ 33 / (43)+ 23 / (30) m LO CO N LO N CN CN C-)�� '-9/(14) +43 / (106) + L '� 22 / (38) Golden Valle Rd 11 / (11)-' 75 / (148)+ d 0/ (8)- CO m CO CO � O M N o 21 / (37) ♦ to 36 / (69) Driveway , 6 / (35)-* Country Club Dr ♦ P 2/ (1)+ LO 00 11 / (52) -�l H K I� M CO 6) CO CO.0 o °'� 93 / (165) L ir- + 1,040 / (1,203) Hiahwav 55 A _ 77 / (80)-' 1,552 / (1,598)+ ` o 0�.0/ (6) J + L F 39 / (44) 10th Ave 'r 18 / (20) 0 / (0)- 46 / (72)+ 16/(20)-�l 6 O CO N N �m CO CO '- 28 / (40) F 40 / (60) i L 43 / (81) Golden Valle Rd 14 / (43)-* 57 / (114)+ 41 / (94)� R �� CO N (") Lf7 6i 6i o c '-115 / (108) + 906/(1,213) ♦ L 86 / (50) Hi hwa 55 103 / (172)-$ 1 1,555 / ( 1,390)+ co 74 / (23) -�l d Q co � r` m N Lo Lo 35 / (43) cN + 1 / (4) J 'r 10 / (9) Brookview Pkwv 1 / (11)-* I Harold Ave 0 / (0)+ o�co o � �� CO � '� 25 / (93) co + 7/(14) � t< 1 / (17) 10th Ave 18 / (58)-* 71 ♦ P 8 / (29)+ 30 / (60) a c � � E31 FZ- �:6 i:::, '-14/ (18) + L +85/(130) Golden Valle Rd 54 / (35) 8/ (4)�' 41 / (128)+ 34/ (52)�- cow a N N Lo K Q N 56 / (35) + 1,076 / (1,299) Hiqhway 55 61 / (79)�' 1,624 / (1,625)+ N CEO 0 o m '- 43 / (22) F 26 / (49) + L 111 / (134) Golden Valle Rd 21 (6)-* 1 28 / (63)+ 30/(119)-�, d Q_ ! CO m O LO 0) CO O CO Q I� N 10 / (7) L E + 112/(156) Valley Rd 32 / (64)-* 80 / (183)+ 103 / (235) + L + 951 /(1,073) Highway 55 t< 41 / (50) 1021 (169) 1,399 / (1,363)+ d CI * CO 123 / (93) R 6 � N O c COO LO 1 S E H Print Date: 10/5/2022 PPrint:GOLDV /2022 Existing (2022) Traffic Volumes Golden Valley Downtown Redevelopment Study Golden Valley, Minnesota Figure 6 Map b Proec)n:H nnepinCo.Coords. Sourceto: ESRI map is nenner a regairy recoraea map nor a survey map ana is nor mrenaea ro ce uses as one. map is a compnmon or recoms, ,n—.non, ana aara garnerea nom vanous sources i¢rea on rnis map ana is ro ce uses ror rererence purposes Dory. a eograpm Information System (G IS) Gat, u,e to preps re this m ap are error free, and SEH d— not re present that the G IS Gat. can be.se for navigational, tracking, or any other purpose requiring exacting measurement of tlidance ortli—h.n or precision in the d.pidion ofgeographic features. The user ofth, 27A —w map a,kn dg- that SEH shall not be liable for any tlam ages which arise out ofthe users access or use of d.ta pmvdtl f� 4 Future Conditions 4.1 Proposed Redevelopment The redevelopment plan for the City's downtown area is based on a series of robust engagement, planning efforts and studies, policy changes, and investments to incorporate the City's long-term goals identified in the 2040 Comprehensive Plan. A summary of the high-level goals the downtown redevelopment looks to achieve include the following: • Invest and update commercial buildings • Convert industrial buildings to non -industrial uses • Upgrade and relocate buildings within the Civic Campus (City Hall and Public Safety buildings) • Improve connectivity of the downtown areas • Implement a Complete Streets vision with more comfortable walking/bicycling facilities and streetscaping • Support mixed land uses, including additional housing options • Incorporate public spaces The City of Golden Valley engaged in a three-phase process with Hoisington Koegler Group Inc. (HKGi) to complete the Golden Valley Downtown Study (2018-2021), which recommended redevelopment scenarios for the downtown area based on public engagement, identified investment opportunities, and long-term planning goals - among other elements. The study divided the downtown area into four quadrants: SW, SE, NW, and NE. Redevelopment is anticipated on three of the four quadrants (SW, NE, and NW). The SE quadrant did not anticipate future redevelopment due to the recently completed redevelopment in that quadrant. The preferred long-term redevelopment concept from the study is shown below for the three quadrants that propose redevelopment. The City's central Civic Center campus is in the northeast quadrant near the intersection of Winnetka Avenue and Golden Valley Road. The quadrant hosts the City's Public Works, Public Safety (Police and Fire Departments), the City Hall, a Hennepin County Library, the water tower, and a McDonald's. The subsequent City of Golden Valley Municipal Facilities Study (2021), completed by BKV Group, completed a detailed analysis to understand the needs from a facilities, operations, and space perspective. The study ultimately identified two planning options that best achieve the project goals (Options B and C in the study). Each option maintained the existing library, McDonald's and water tower. For the Downtown Redevelopment Traffic Study, Option C was used since it includes more area for first -floor retail land uses and is assumed to be a more conservative approach from a traffic perspective. A summary of the land uses outlined in Concept C used in the traffic study is shown in the figure below. GOLDEN VALLEY DOWNTOWN REDEVELOPMENT TRAFFIC STUDY Page 18 GOLDV 166095 275 FAN - Quadrant NE e Ik > Quadrant ft The Downtown Redevelopment Traffic Study utilized the proposed land uses, sizes, locations from the Golden Valley Downtown Study for the NW and SW quadrants and the Municipal Facilities Study for the NE quadrant. Based on conversations with the City, an additional area (Area 5) on the southeast quadrant of Winnetka Ave and TH 55 may also be redeveloped. The Traffic Study conducted a sensitivity analysis for this area to estimate how much additional traffic could be added before requiring control change at Winnetka Avenue and Harold Avenue or exceeding capacity of the TH 55 and Winnetka Avenue intersection. The traffic study separated the area into five areas to complete the analyses included in this interim memo: • Area 1: Use proposed redevelopment land uses outlined in the "SW quadrant" • Area 2: Use proposed redevelopment land uses outlined in the "NW quadrant" • Area 3: Use proposed redevelopment land uses outlined in "Concept C" • Area 4: This area does not propose any redevelopment • Area 5: This study will conduct a sensitivity analysis in this area to understand how much additional traffic can be added and will be discussed in the forthcoming report. These areas can be referenced in Figure 2. Origin -Destination Analysis (StreetLight) To analyze the existing origin and destination for Downtown Area trips, StreetLight Data was used. StreetLight Data is a private company that compiles mobile device information from billions of anonymized location records from smartphones and navigation devices in connected vehicles. StreetLight Data provides a software platform that can be used to compile vehicle routing or origin -destination (OD) information to analyze traffic patterns. More information about StreetLight Data can be found at the company's website: https://www.streetli.ghtdata.com. The Minnesota Department of Transportation (MnDOT) has purchased a regional subscription to the StreetLight platform, from which the City of Golden Valley has purchased a user license. The analysis for this study was completed using the City of Golden Valley's license. GOLDEN VALLEY DOWNTOWN REDEVELOPMENT TRAFFIC STUDY Page 19 GOLDV 166095 276 To analyze the traffic patterns for the existing Golden Valley Downtown area, an OD analysis was completed for each access point in the Downtown Area Redevelopment Areas. For this study, 12 external gate locations on the edges of the study area were identified to capture all vehicles entering and exiting the area. Separate gates were placed at the 27 accesses to the Downtown Redevelopment Areas. For the purposes of the StreetLight analysis, a gate is defined as a point on the roadway/access driveway where directional vehicle data is collected for use in determining the origin/destination for entering/exiting Downtown Area development traffic. The primary purpose of the StreetLight analysis was to determine the existing entering/exiting traffic patterns for the Downtown Area to remove the existing development trips and distribute the new redevelopment trips more accurately. This analysis was completed for Areas 1 through 4; Area 5 was not included in the StreetLight review since it was not necessary to meet the analysis goals in that area. The external gate and access gate locations are shown in Figure 7. A significant benefit of the StreetLight platform is the ability to pull long-term OD information. For this study, the OD data for each access driveway was collected from January 1, 2021 through March 31, 2022 (15 months). The data was sorted to only include weekdays (Monday through Thursday) to cover typical weekday traffic patterns. Based on the StreetLight OD analysis, approximately 10% of the retail trips and 5% of the office/industrial trips within the Downtown Redevelopment Area are linked trips, where one vehicle travels between one development driveway to another in the same trip. Using the StreetLight OD analysis information, an external trip distribution was created for three different general land use types, described below. • Retail/Residential — Generally includes both local and regional trips. Although there are no existing residential land uses in the downtown development areas, it is assumed that this trip distribution can be applied to all future residential trips. • Office/Industrial — Generally includes more regional to/from work trips. Municipal Facility Land Uses — Includes the Civic Campus (City Hall and Public Safety buildings), library, Department of Motor Vehicles. Generally includes more local trips as most users of these land uses live within the City of Golden Valley. Figure 8 shows the external trip distributions for retail, office/industrial, and municipal facility land estimated for this study. The Streetlight data was used to remove the existing development trips and add in the new redevelopment trips. 4.3 Existing Development Trip Removal Once the Golden Valley Downtown Area is fully redeveloped, the existing development trips will be removed and replaced with trips from the new development. To remove the existing development trips, the existing driveway counts and the trip distribution for each driveway type from the StreetLight analysis (i.e. retail, office, or municipal facility) were used. Overall, the StreetLight trip distribution was used based on logical routes from the driveway counts. Table 5 shows the existing development trips in each redevelopment area during the AM and PM peak hours that were removed for the future redevelopment trips. GOLDEN VALLEY DOWNTOWN REDEVELOPMENT TRAFFIC STUDY Page 20 GOLDV 166095 277 MA 4.5 T�7�le 5 — Existing Trips Removed for Redevelopment Area 1 130 83 47 598 299 299 Area 2 80 40 40 72 35 37 Area 3 70 46 24 127 46 81 Area 4 No Planned Redevelopment Total 280 169 1 111 1 797 1 380 417 Figure 9 shows the existing development trips being removed from each redevelopment area during the AM and PM peak hours as well as the external origin/destination of each trip. Background Traffic Growth Based on input from the City staff and the planned redevelopment schedule, the study analyzed a single 2042 design year. The background traffic volumes of the future 2042 analysis year were calculated based on linear annual growth rates in the project area. Using daily traffic data provided in the 2040 Comprehensive Plan (Chapter 4) and MnDOT's historical average annual daily traffic (AADT) counts, most roadways within the project area are expected to have minimal growth over the next 20 years. Therefore, an overall 0.50% annual linear growth rate was applied to the background traffic in the study area to determine the 2042 design year background traffic volumes. Figure 10 shows the 2042 No Build traffic volumes for the AM and PM peak hours, which includes the existing traffic volumes with the 0.50% annual linear growth rate applied. Redevelopment Trip Generation & Distribution The City of Golden Valley provided redevelopment land use assumptions and site concept layouts for the redevelopment areas based on the recent Golden Valley Downtown Study (2018- 2021) and the Municipal Facilities Study (2021). The plans include redevelopment of the commercial area on the south side of Golden Valley Road (Area 1), the office/industrial area south of 10t" Avenue (Area 2), and the municipal facility land uses in the northeast quadrant east of Winnetka Ave (Area 3). The redevelopment areas include multi -family residential, retail, and office land uses as well as new municipal facility buildings (i.e. City Hall, Library, etc.). Based on the two previous studies and discussions with the City, redevelopment land uses and building sizes (i.e. gross square footage or residential units) were estimated for each development area. This land use plan is reflected in Table 6. GOLDEN VALLEY DOWNTOWN REDEVELOPMENT TRAFFIC STUDY Page 21 GOLDV 166095 278 Table 6 — Existing Trips Removed for Redevelopment Trip generation estimates for each redevelopment area were calculated based upon the Institute of Transportation Engineers' (ITE) Trip Generation Manual, I I t" Edition. The ITE Trip Generation Manual does include trip generation rates for some of the municipal facility land uses such as City Hall, fire departments, and libraries. However, these ITE trip generation rates are high compared to the existing driveway counts collected as part of this study. While the redevelopment plan calls new municipal buildings within Area 3, the size and general use of each building is not expected to change dramatically. Therefore, the existing trip generation rates for the municipal land uses in the Golden Valley Downtown Area were used for future redevelopment trip estimates. As a conservative approach, the same 0.5% annual background growth rate was applied to these trips (10% increase on existing over 20 years). Based on the StreetLight analysis, an internal trip reduction of 10% was used for retail/residential land uses and 5% for office land uses for areas with multiple land use types (e.g. retail and residential). An additional 5% reduction in trips was applied to each non -municipal facility land use to account for a mode share reduction due to the redevelopments focus on pedestrian, bicycle, and transit friendly development. Table 7 shows the trip generation rates used for each land use type and the entering/existing percentages for trips in the AM and PM peak hours. Table 7 — Existing Trips Removed for Redevelopment Area M Apartments ITE Code 221 Units �m Units AM Rate 0.37 Peak Hour Enter 23% Exit 77% - PM &e 0.39 Peak Hour Enter 61 % 91 mmm 39% Affordable Housing 123 Units 0.36 29% 71 % 0.46 59% 41 % Retail 822 k-sqf 2.36 60% 40% 6.59 50% 50% Office 710 k-sqf 1.52 88% 12% 1.44 17% 83% Bank 912 k-sqf 9.95 58% 42% 21.01 50% 50% Table 8 shows the AM and PM peak hour trips generated under full redevelopment of each downtown redevelopment area. The downtown area and each sub area are likely to be slowly redeveloped in stages over time, but the estimates represent the trips generated when all redevelopment is complete. Detailed trip generation tables are included in Appendix B. GOLDEN VALLEY DOWNTOWN REDEVELOPMENT TRAFFIC STUDY Page 22 GOLDV 166095 279 4.5.1 Table 8 — Full Redevelopment Trip Generation Area 1 100% 355 156 199 708 371 337 Area 2 100% 248 164 84 282 104 178 Area 3 100% 195 92 103 371 178 193 Area 4 0% No Planned Redevelopment Total 912 798 412 1 386 1 1,361 1 653 708 The redevelopment trips for Areas 1, 2 and 3 were distributed to the external origins/destinations within the roadway network based on the StreetLight analysis, which included different distributions for the retail, office/industrial, and municipal facility land uses, shown in Figure 9. The retail trip distribution was used for the new residential trips since it is assumed that residential trips will have a mix of local and regional trips, similar to the existing retail land uses. Figure 11 shows the 2042 Full Build traffic demands for the AM and PM peak hours with full redevelopment of the Downtown Area. Comparison of Fxistina and Redevelopment Trip - Once the full redevelopment occurs, it is estimated that the downtown area will experience 518 additional trips during the AM peak hour and 564 additional trips during the PM peak hour to/from the downtown area. Table 9 compares the existing and redevelopment trips for each redevelopment area during the AM and PM peak hours. Figure 9 also summarizes this comparison between the existing and expected redevelopment trips for each area. Table 9 — Existing and Full Redevelopment Trip Comparison Err Peak Hour 91111111111 Area Area 1 Tolj6, 130 Existing Enter 1 83 Exit 47 Full Redevelopment Total Enter 355 156 Exit 1 199 fttal Enter 225 73 Am 1 152 AM Area 2 80 40 40 248 164 84 168 124 44 Peak Area 3 70 46 24 195 92 103 125 46 79 Hour Area 4 No Planned Redevelopment No Planned Redevelopment No Planned Redevelopment Total 280 169 111 798 412 386 518 243 275 Area 1 598 299 299 708 371 337 110 72 38 PM Area 2 72 35 37 282 104 178 210 69 141 Peak Area 3 127 46 81 371 178 193 244 132 112 Hour Area 4 No Planned Redevelopment No Planned Redevelopment No Planned Redevelopment Total 797 380 1 417 1,361 1 653 1 708 564 1 273 1 291 GOLDEN VALLEY DOWNTOWN REDEVELOPMENT TRAFFIC STUDY Page 23 GOLDV 166095 280 TMI co N .. --------------- —_— I ! 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(n Q 0-of (n c c I W W c W c W- W W I I x E p— sdi,,l;uawdolanapa pue;uawdolana45ui;si,xd-6 ain5l-d\SIEJ-06\s5ui,nneJp-1.9\u5sp-leui,l-9\960991VA47OEJ\EJ\'d\:X:filed �o 12 / (25) +20/(21) + L 21 / (33) 10th Ave 14 / (22) 36 / (47)+ 25 / (33) Q m LO N O CO '-10/ (15) +47/(117) + L 24 / (42) Golden Valle Rd 12 / (12)—* 83 / (163)+ 0/ (9)� ��CO CO � N CV 23 / (41) to 40 / (76) Driveway r 7 / (39)—* Country Club Dr 2/ (1)+_' _♦ 12 / (57) -�l K r` CO .0M o OJ lf7 N °'� 1021 (182) L + 1, 144 / (1,323) Hiahwav 55 A_ 85 / (88)-' 1,707 / (1,758)+ ` 0/ (7) L F 43 / (48) 10th Ave t< 20 / (22) 0 / (0)- 51 / (79)+ 18/(22)� �oLn N N M � � m 31 / (44) COL F 44 / (66) ir47/(89) Golden Valley Rd 15 / (47) r 63 / (125)+ 45/(103)� R ��CO c � � N O N N m .0 C '-127 / (119) +997/(1,334) ♦ L t< 95 / (50) Highway 55 113/ (189)-' 1,711 /(1,529)+ ° m 81 / (25) m CO M CON LO CO O CO 6 M O GO o 39 / (47) CO + 1 / (4) � '� 11 / (10) Brookview Pk 1/(12)-$ I Harold Ave ♦ P 0 / (0). � �C\J� 1/ (0) O N O N N a co co Lo 28 / (102) i + 8 / (15) J L it 1 / (8) 10th Ave 20 / (64)—* 9 / (32)+ - : 33 / (66) -�l R co co rn LN '- 15 / (20) i L +94/(143) Golden Valle Rd 59 / (39) 9/ (4)�' 45/(141)+*CD 33 / (57) CO M M N LO K Q 62 / (39) + 1,184 / (1,429) Highway 55 67 / (87)- 1,786 / (1,788)+ N � M rh 47 / (24) co F 29 / (54) L t< 122 / (147) Golden Valle Rd 21 (7)—* 31 / (69)+ * 33/(131)- Q_ CO Go m M Q O M a� �- 11 / (8) Valle Rd to 123 / (172) 35 / 88 / (201)+ N N 113 / (259) +1,046/(1,180) + L Highway 55 45 / (37) 1121 (186) lF 1,539/(1,499)+ � � * 135 / (102) o 7 N 7 Lo 1 S E H Print Date: 10/5/2022 PPrint:GOLDV /2022 2042 No Build Traffic Volumes Golden Valley Downtown Redevelopment Study Golden Valley, Minnesota Figure 10 ProectoMap b )n:H nnepinCo.Coords. Source: ESRI map is nenner are ,hy -cornea map nor a survey map ana is n- mrenaea ro ce uses as one. i— map is a compn-on or reco-s, i-ormanon, ana aara ga-erea nom vanous sources i¢rea on -is map ana is ro ce urea ror-rerence purposes Dory. aen aces n- warm- ma me.eograpm Information System (G IS) A —w Gat, u,e to preps re this m ap are error free, and SEH d—not -p-sent that the G IS Gat. can be.se for navigational, tracking, or any other purpose requiring exacting measurement of tlidance ortli—h.n or precision in the d.pidion ofgeographic features. The user ofth, 2Q map a,kn dg- that SEH shall not be liable for any tlam ages which arise out ofthe users access or use of d.tap-vdtl vf� �O N 16 / (35) +27/(31) + L 17 / (31) 10th Ave 14 / (22) 47 / (50)+ o rn 26 / (34) m � N CO N BOO m� '-16/ (21) co L +63/(118) 341 (41) Golden Valle Rd 18 / (17)-* ♦ P 89 / (165)+ d E 2/ (13)-�, CO EC N 22 / (42) ♦ to 40 / (76) Driveway r 7 / (39)-* Country Club Dr ♦ P 21 (1)+ c CIJ 12 / (57) R N COCO I� Lf J lf7 Ln 125 / (225) L +M92/(1,372) Hiahwav 55 _ 94 / (117)-' 1,750 / (1,783)+ ` 0/ (7) L F 40 / (54) 10th Ave t< 8 / (15) 0 / (0)- 56 / (76)+ 29/(31)-�l 0 0 M N Cp O �m 28 / (34) + + 71 /(116) L ir44/ (63) Golden Valley Rd 37 / (85)-* r 101/(174)+ 85/(131)� 00 00R't N � � N ch C '- 127 / (119) + 1,057 / (1,388) ♦ L t< 101 / (57) Highway 55 115 / (192)-* ♦ 1,768 / (1,579) - 81 / (25) Q m CO CO MCA N CO CO �N GO N 39 / (47) CO + 1 / (4) � '� 11 / (10) Brookview Pk 1/(12)-$ I Harold Ave 1/ (0)�a o ch N N N O� o 35 / (109) i +19/ (21) L it 1 / (8) 10th Ave 28 / (80) -' 10 / (46)+ d 43/(99)�a � ch ch rn coCb co O CO 'j- '- 24 / (38) i L + 101 /(141) Golden Valle Rd 59 / (39) 10 / (8)-* 61 / (147)+CN COD CD 58/ (72)� H mLOLO 65 / (46) CN + 1,202 / (1,423) Highway 55 123 / (149)- 1,789 / (1,779)+ N M 54 / (25) O F 37 / (60) t< 129 / (152) Golden Valle Rd 21 (7)- 1♦ P 35 / (72)+ 33/(131)� CO m CO CO O CO � LO Q O M a� �- 11 / (8) i Valley Rd to 139 / (187) 35 / (70)-' 112/(225)+ N M 157 / (300) co — NI +1,061 /(1,212) ♦ L Hi hwa 55 AO 45/ (41) 106/ (151)-' 1,548 / (1,526)+ 135/ (102)-�la CO LO 1 S E H Project: GOLDV 166095 Print Date/2022 : 10/5/2022 2042 Build Traffic Volumes Golden Valley Downtown Redevelopment Study Golden Valley, Minnesota Figure 11 Map Proeton:H nnepinCo.Coords. c) Source ESRI map is nenner a iegairy recoraea map nor a survey map ana is nor imenaea ro oe uses as one. i — map is a compnmon or recoms, imormanon, ana aara garnerea nom vanous sources i¢rea on rms map ana is ro oe uses ror ...nce purposes on y — aces nor -- ma me .eograpm Information System (G IS) Gat, u,e to preps re this m ap are error free, and SEH d— not re present that the G IS Gat. can be.se for navigational, tracking, or any other purpose requiring exacting measurement of tlidance ortli—h.n or precision in the d.pidion ofgeographic features. The user ofth, 2QC —w map a,kn dg- that SEH shall not be liable for any tlam ages which arise out ofthe users access or use of d.ta pmvdtl vJ 5 Traffic Operations Analysis The traffic operations analysis was performed to understand the existing conditions and future transportation needs in the downtown area. The investigation included analyzing traffic operations for the existing year (2022) and the forecast design year (2042) traffic conditions. Traffic operations analyses were conducted to determine the level of service (LOS), delay, and queueing information for the weekday AM and PM peak hour conditions for the scenarios. LOS is a qualitative rating system used to describe the efficiency of traffic operations at an intersection. Six LOS are defined, designated by letters A through F. LOS A represents the best operating conditions (no congestion), and LOS F represents the worst operating conditions (severe congestion). In most cases for the non-TH 55 intersections, it was assumed that a LOS D or better, for all approaches and the overall intersection, represents acceptable operating conditions. Due to the longer signal cycle on TH 55 and MnDOT's priority on moving vehicles along TH 55, LOS E/F was considered acceptable for some movements on and off of the minor streets as long as the queues for those movements generally clear during each signal cycle and do not result in a building queue throughout the peak hour. LOS for intersections is determined by the average control delay per vehicle. The range of control delay for each LOS is different for signalized and unsignalized intersections. The expectation is that a signalized intersection is designed to carry higher traffic volumes and will experience greater delays than an unsignalized intersection; driver tolerance for delay is greater at a signal than at a stop sign. Therefore, the LOS thresholds for each LOS category are lower for unsignalized intersections than for signalized intersections Table 10 shows the LOS thresholds for signalized and unsignalized intersections. Table 10 — Level of Service Thresholds �r Level of Average Control Delay (sec/veh) Service Signalized Intersection Unsignalized Intersection (Stop Control/Roundabout) Operational analysis was conducted using Synchro/SimTraffic software (version 11) for stop controlled and signal -controlled intersections. The average of ten simulation runs were performed to determine the necessary measure of effectiveness (MOE). Appendix C includes all relevant operational summary tables and reports for the existing and future 2042 scenarios that follow. 5.1 Existing Conditions During both the AM and PM peak hours, the intersections operate acceptably with all approaches at LOS D or better, with the majority of intersections operating at LOS B or better. The signalized intersections on TH 55 experience significant delays on the side streets due to the 220 second GOLDEN VALLEY DOWNTOWN REDEVELOPMENT TRAFFIC STUDY Page 29 GOLDV 166095 286 cycle lengths prioritizing the mainline through movements. The side street approaches operate with LOS E in the AM peak hour and LOS E and LOS F in the PM peak hour. Queues on the TH 55 side streets typically clear during each signal cycle length; therefore, queues do not build throughout the hour. Table 11 shows the existing approach and intersection delay and LOS for both peak hours. Table 11 - Existing Traffic Operations (SimTraffic) Approach.LOS)..= Intersection Intersection jw Control (Delay MhARAMIIII� LOS) m Boone Ave Signal 5.7/A 5.3/A 3.6/A 4.7/A 4.7/A Q Wisconsin Ave TWSC' 0.3 / A 0.8 / A 3.5 / A 4.4 / A 1.3 / A 0 Winnetka Ave Signal 23.3 / C 14.7 / B 2.7 / A 2.6 / A 5.0 / A Boone Ave Signal 10.9 / B 17.1 / B 5.1 / A 5.4 / A 9.2 / A m Wisconsin Ave AWSCz 5.8 / A 5.4 / A 4.7 / A 4.5 / A 5.2 / A o > Winnetka Ave Signal 31.4 / C 31.5 / C 4.5 / A 6.1 / A 11.9 / B Y c Rhode Island Ave Signal 3.6 / A 5.5 / A 4.9 / A 7.4 / A 5.3 / A cD Pennsylvania Ave TWSC' 1.6 / A 0.4 / A 3.1 / A 1.4 / A Q Boone Ave Signal 29.7/C 14.8/B 77.2/E 61.6/E 29.0/C LO Wisconsin Ave 3/4 Acc. 8.8 / A 4.9 / A 0.8 / A 7.2 / A Winnetka Ave Signal 15.2 / B 12.9 / B 77.7 / E 66.3 / E 25.0 / C Rhode Island Ave Signal 8.5 / A 7.9 / A 68.0 / E 11.6 / B Rhode Island Country Club TWSC' 6.6 / A 5.0 / A 1.2 / A 1.4 / A 2.3 / A Winnetka Ave/Harold Ave TWSC' 6.2 / A 4.2 / A 0.1 / A 3.2 / A 2.2 / A m Boone Ave Signal 5.6 / A 5.2 / A 5.1 / A 5.1 / A 5.2 / A Q Wisconsin Ave TWSC' 0.3 / A 0.8 / A 3.9 / A 4.9 / A 1.6 / A 0 Winnetka Ave Signal 25.1 / C 13.3 / B 4.8 / A 3.7 / A 8.2 / A Boone Ave Signal 11.9/B 21.0/C 9.6/A 8.4/A 12.2/B m Wisconsin Ave AWSCz 6.4 / A 6.0 / A 4.8 / A 4.8 / A 5.7 / A o > Winnetka Ave Signal 28.9 / C 30.9 / C 5.4 / A 9.4 / A 14.3 / B Y c Rhode Island Ave Signal 5.9 / A 7.2 / A 6.7 / A 9.2 / A 7.0 / A cD Pennsylvania Ave TWSC' 2.4 / A 0.4 / A 3.8 / A 1.8 / A 2 Boone Ave Signal 37.3/D 13.7/B 64.6/E 76.9/E 35.2/D LO Wisconsin Ave 3/4 Acc. 8.0 / A 6.4 / A 0.9 / A 7.2 / A Winnetka Ave Signal 16.0 / B 20.9 / C 85.2 / F 65.5 / E 31.0 / C Rhode Island Ave Signal 12.7 / B 13.3 / B 60.9 / E 17.8 / B Rhode Island/Country Club TWSC' 5.6 / A 5.9 / A 1.1 / A 1.3 / A 2.9 / A Winnetka Ave/Harold Ave TWSC' 7.5 / A 4.6 / A 0.2 / A 2.9 / A 1.1 / A Notes: ' TWSC is two-way or minor street stop control zAWSC is all -way stop control 5.2 2042 No Build Conditions The 2042 no build conditions are comparable to the 2022 existing conditions with nominal increase in delay and queue lengths. During both the AM and PM peak hours, the intersections GOLDEN VALLEY DOWNTOWN REDEVELOPMENT TRAFFIC STUDY Page 30 GOLDV 166095 287 operate acceptably with all approaches at LOS D or better, with most intersections operating at LOS B or better. The existing signal cycle length was not adjusted for the future year analysis; therefore, still analyzed with a 220 second cycle length. The side street approaches operate with LOS E in the AM peak hour and LOS E and LOS F in the PM peak hour. Queues on the TH 55 cross streets typically clear during each signal cycle length; therefore, queues do not build throughout the hour. Table 12 shows the existing approach and intersection delay and LOS for both peak hours. Table 12 - 2042 No Build Traffic Operations (SimTraffic) Approach Intersection Control (Delay m Boone Ave Signal 5.4 / A 5.7 / A 3.8 / A 4.6 / A 4.7 / A Q Wisconsin Ave TWSC' 0.3 / A 0.7 / A 3.6 / A 4.1 / A 1.4 / A 0 Winnetka Ave Signal 23.0 / C 15.3 / B 3.0 / A 2.8 / A 5.2 / A Boone Ave Signal 11.6/B 17.1 /B 5.5/A 5.8/A 9.5/A m Wisconsin Ave AWSCz 5.8 / A 5.5 / A 4.8 / A 4.3 / A 5.2 / A o > Winnetka Ave Signal 35.2 / D 33.7 / C 4.8 / A 6.9 / A 13.2 / B Rhode Island Ave Signal 5.9 / A 5.6 / A 5.3 / A 7.7 / A 6.0 / A Y cD Pennsylvania Ave TWSC' 1.5 / A 0.5 / A 3.3 / A 1.4 / A Q Boone Ave Signal 34.4/C 15.5/B 82.1/F 61.4/E 32.0/C LO Wisconsin Ave 3/4 Acc. 10.1 / B 6.1 / A 0.8 / A 8.4 / A Winnetka Ave Signal 15.3 / B 11.7 / B 73.7 / E 66.6 / E 24.3 / C Rhode Island Ave Signal 9.3 / A 8.8 / A 69.0 / E 12.5 / B Rhode Island/Country Club TWSC' 6.5 / A 4.9 / A 1.4 / A 1.5 / A 2.3 / A Winnetka Ave/Harold Ave TWSC' 6.0 / A 4.2 / A 0.2 / A 3.3 / A 2.3 / A m Boone Ave Signal 5.6 / A 5.8 / A 5.2 / A 6.2 / A 5.7 / A Q Wisconsin Ave TWSC' 0.4 / A 0.9 / A 3.8 / A 5.6 / A 1.6 / A 0 Winnetka Ave Signal 25.8 / C 13.9 / B 4.9 / A 3.9 / A 8.5 / A Boone Ave Signal 12.4/B 22.8/C 9.5/A 9.4/A 12.8/B m Wisconsin Ave AWSCz 6.7 / A 6.0 / A 4.9 / A 4.8 / A 5.9 / A o > Winnetka Ave Signal 30.0 / C 26.2 / C 4.5 / A 9.7 / A 13.8 / B Rhode Island Ave Signal 5.9 / A 7.5 / A 7.3 / A 9.6 / A 7.3 / A cD Pennsylvania Ave TWSC' 2.3 / A 0.5 / A 3.9 / A 1.8 / A Boone Ave Signal 43.3 / D 17.1 / B 68.8 / E 79.1 / E 39.8 / D LO Wisconsin Ave 3/4 Acc. 10.0 / B 8.6 / A 1.0 / A 9.2 / A Winnetka Ave Signal 17.7 / B 18.0 / B 86.1 / F 68.0 / E 31.1 / C Rhode Island Ave Signal 8.2 / A 14.5 / B 63.7 / E 16.1 / B Rhode Island/Country Club TWSC' 5.6 / A 6.5 / A 1.2 / A 1.4 / A 3.1 / A Winnetka Ave/Harold Ave TWSC' 8.6 / A 4.9 / A 0.2 / A 3.0 / A 1.2 / A Notes: ' TWSC is two-way or minor street stop control zAWSC is all -way stop control GOLDEN VALLEY DOWNTOWN REDEVELOPMENT TRAFFIC STUDY Page 31 GOLDV 166095 288 5.3 2042 Build Conditions The build conditions analyzed the 2042 build traffic (2042 background traffic plus redevelopment traffic) using mostly the existing transportation conditions. The only change in access in the build conditions analysis was updating the primary commercial access on Winnetka Avenue between TH 55 and Golden Valley Road to be a restricted right-in/right-out only access. With this access restriction, all existing left -turning traffic was distributed to the signalized intersection of Winnetka Avenue at Golden Valley Road. The 2042 build conditions are comparable to the 2042 no build conditions with nominal increase in delay and queue lengths. Overall, the 2042 full build analysis shows less than 3 seconds of delay per vehicle increase at all intersections. During both the AM and PM peak hours, the intersections operate acceptably at LOS D or better, with most intersections operating at LOS B or better. The existing signal cycle length was not adjusted for the future year analysis; therefore, still analyzed with a 220 second cycle length. The long cycle lengths prioritize mainline through movements on TH 55 and cause significant delays on the side street approaches. The side street approaches operate with LOS E in the AM peak hour and LOS E and LOS F in the PM peak hour. Queues on the TH 55 cross streets typically clear during each signal cycle length; therefore, queue lengths do not build throughout the hour. Based on the operations review, no significant roadway improvements are required to accommodate the proposed redevelopment in the downtown area. Table 13 shows the existing approach and intersection delay and LOS for both peak hours. GOLDEN VALLEY DOWNTOWN REDEVELOPMENT TRAFFIC STUDY Page 32 GOLDV 166095 289 Table 13 - 2042 Build Traffic Operations (SimTraffic) Approach.LOS) Intersection Intersection Control (Delay mommommma.. LOS) Boone Ave Signal 5.4 / A 5.9 / A 4.7 / A 5.4 / A 5.3 / A Q Wisconsin Ave TWSC' 0.3 / A 0.6 / A 3.9 / A 3.9 / A 1.5 / A 0 Winnetka Ave Signal 21.8 / C 19.0 / B 4.1 / A 3.9 / A 6.5 / A Boone Ave Signal 11.5/B 16.2/B 5.9/A 6.4/A 9.6/A m Wisconsin Ave AWSCz 6.1 / A 6.1 / A 5.6 / A 4.8 / A 5.7 / A o > Winnetka Ave Signal 33.6/C 31.7/C 5.9/A 10.7/B 15.7/B _ rz Rhode Island Ave Signal 4.5 / A 6.4 / A 6.4 / A 8.3 / A 6.4 / A c� cD Pennsylvania Ave TWSC' 1.8 / A 0.5 / A 3.4 / A 1.5 / A Q Boone Ave Signal 38.5/D 16.9/B 78.3/E 62.9/E 34.4/C LO Wisconsin Ave 3/4 Acc. 11.5 / B 6.9 / A 1.0 / A 9.4 / A Winnetka Ave Signal 16.6 / B 12.0 / B 85.7 / F 66.6 / E 26.6 / C Rhode Island Ave Signal 10.3 / B 9.7 / A 65.11 E 13.6 / B Rhode Island Country Club TWSC' 6.6 / A 5.5 / A 1.4 / A 1.5 / A 2.3 / A Winnetka Ave/Harold Ave TWSC' 7.0 / A 4.7 / A 0.2 / A 3.8 / A 2.6 / A > Boone Ave Signal 5.5 / A 5.5 / A 5.9 / A 5.9 / A 5.7 / A Q Wisconsin Ave TWSC' 0.3 / A 0.6 / A 4.0 / A 5.5 / A 1.6 / A 0 Winnetka Ave Signal 23.7 / C 13.8 / B 6.0 / A 5.1 / A 9.6 / A Boone Ave Signal 15.5/B 32.1 /C 9.6/A 10.8/B 15.9/B m Wisconsin Ave AWSCz 7.1 / A 7.0 / A 6.4 / A 5.8 / A 6.7 / A o > Winnetka Ave Signal 31.1 / C 32.3 / C 7.9 / A 15.9 / B 18.1 / B Rhode Island Ave Signal 7.0 / A 8.2 / A 8.7 / A 10.1 / B 8.5 / A cD Pennsylvania Ave TWSC' 2.7 / A 0.6 / A 4.3 / A 2.1 / A Boone Ave Signal 46.0/D 19.5/B 71.5/E 79.8/E 41.9/D LO Wisconsin Ave 3/4 Acc. 12.5 / B 9.4 / A 2.6 / A 10.8 / B Winnetka Ave Signal 17.2 / B 18.3 / B 88.5 / F 80.6 / F 33.3 / C Rhode Island Ave Signal 11.2 / B 16.9 / B 66.41 E 19.8 / B Rhode Island Country Club TWSC' 6.8 / A 7.8 / A 1.4 / A 1.5 / A 3.1 / A Winnetka Ave/Harold Ave I TWSC' 8.2 / A 5.1 / A 0.2 / A 3.1 / A 1 1.1 / A Notes: ' TWSC is two-way or minor street stop control 2AWSC is all -way stop control GOLDEN VALLEY DOWNTOWN REDEVELOPMENT TRAFFIC STUDY Page 33 GOLDV 166095 290 5.4 Area 5 Sensitivity Analysis A supplemental traffic sensitivity analysis was performed for Area 5, located on the SE quadrant of TH 55 and Winnetka Avenue, north of Harold Avenue. In addition to the 2042 full build volumes from the downtown redevelopment analysis, extra traffic volumes were distributed to all study intersections based on expected future trip generation in Area 5. Area 5 is approximately 6.2 acres and currently zoned as R-1(Single Family Residential). The area, however, is being proposed for R-3 zoning (Medium Density Residential). Based on the City Code, Section 113-90, the following maximum land use densities' are allowed for areas zoned R-3: • 20 multi -family dwelling units per acre (125 total) • 30 senior housing units per acre (187 total) Using the ITE Trip Generation Manual, 11t" Edition, Table 14 summarizes the daily and peak hour trip generation estimates based on the 20 multi -family dwelling units of 30 senior housing units for different residential land use types. Table 14 — Area 5 Trip Generation Scenarios ' Maximum densities include the by -right densities for each category, 5 additional units/acre for each category, and density bonuses of 3 units/acre for general residential and 5 units/acre for senior housing pursuant to the City's Residential Density Bonus Policy. GOLDEN VALLEY DOWNTOWN REDEVELOPMENT TRAFFIC STUDY Page 34 GOLDV 166095 291 Based on the trip generation of each R-3 development scenario for Area 5, the 125 townhomes are estimated to generate the greatest daily and peak hour traffic. Figure 12 depicts the 2042 build traffic from the downtown redevelopment areas, the Area 5 trips using the peak hour trips generated by 125 townhomes, and the total build traffic at the TH 55 at Winnetka Ave and Winnetka Ave at Harold Ave intersections. The distribution assumes that all residential development access points will be on Harold Avenue and none on Winnetka Avenue. A relatively low number of new peak hour trips are added to the two intersections, with a maximum of 27 vehicles added to Winnetka Avenue in the northbound direction and 31 vehicles added to Harold Avenue in the westbound direction. This equates to about one additional trip in each direction every two minutes, or 3-4 additional trips per direction during each TH 55/Winnetka Avenue signal cycle. Figure 12 — 2042 Area 5 Sensitivity Analysis Traffic Volumes 2042 Build Q '6 157 ! (KC) +1,061!(1,212) 4r 45! (41) Hut e a-: 1061 (151)-P ♦ e, 1,548!(1.526)* o � a, 1351 (102)-y'-. V v vN N 391(4l) 4- 1/ (4) .��kA N Area 5 Trips � 01(0) O1f01� ♦P 0I (0)�► ; 1 (12)nA O O N 271(21) ��4 +01(0) ,r 41 (3) r-------AM Peak Hour XX I (XX)—PM Peak Hour 2042 Build + Area 5 Trips Ih : N TN M Q '4- 1571 (300) +1,C61 !(1,212) :r rr 461 (43) 1061 (151)--o 15461(1,526)+ , 1421 (114)-,*x; v d f� (n N t 66 I (68) +11 (4) �♦� ,r 151(13) E 11(12}� Ihrld�:c = N An operations analysis was completed using the 2042 Build + Area 5 Trips for the TH 55 at Winnetka Avenue and Winnetka Ave at Harold Avenue intersections. The results were compared to the 2042 Full Build operations, which are summarized in Table 15. The new trips generated by Area 5 are expected to have minimal impact to the Harold Avenue and TH 55 intersections on Winnetka Avenue. At the TH 55 at Winnetka Avenue intersection, the increase in delay is less than 2 seconds per vehicle during the AM peak hour and less than 1 second per vehicle during the PM peak hour. At the Winnetka Avenue at Harold Avenue intersection, there is no change in the delay during the AM peak hour and a less than 1 second per vehicle increase in delay during the PM peak hour. Additionally, the AM and PM northbound maximum queue lengths at the TH 55 at Winnetka Avenue signal increases by approximately 1-2 vehicles and are expected to clear the intersection in a single cycle. GOLDEN VALLEY DOWNTOWN REDEVELOPMENT TRAFFIC STUDY Page 35 GOLDV 166095 292 5.5 5.5.1 The significant delays experienced on the side streets are comparable to the 2022 existing conditions and are primarily attributed to the longer cycle lengths set by MnDOT along TH 55, which prioritize vehicle throughput on the mainline. As development occurs in Area 5, it is recommended that the accesses on Winnetka Avenue be removed, and all accesses be located on Harold Avenue to minimize conflict and offer additional northbound storage room for queues. Table 15 — 2042 Build Traffic Operations — Area 5 Sensitivity Analysis (SimTraffic) 2042 Full Build 42 Full Build 20Peak -Area 5 Intersections: Hour Approach Intersection Approach Intersection • • • • EB 16.6/B 16.5/B TH55at 12.0/B 12.2/B WB Winnetka Ave 26.6 / C 27.8 / C NB _ (Traffic Signal) 85.7/F 66.6/E 94.6/F 67.5/E SB EB 7.0/A 5.7/A 2 Q Winnetka Ave at Harold Ave 2.6 / A 5.1 / A 2.6 / A WB 4.7 / A (Traffic Signal) NB 0.2 / A 0.2 / A SB 3.8/A 3.5/A EB 17.2/B 16.2/B TH55at 18.8/B WB 18.3/B Winnetka Ave 33.3 / C 33.9 / C NB 88.5/F _ (Traffic Signal) 92.9/F 79.1/E SB 80.6/F EB 8.2/A 10.6/B Winnetka Ave at Harold Ave 1.1 / A 5.1 / A 1.4 / A WB 5.1 / A (Traffic Signal) NB 0.2 / A 0.3 / A SB 3.1 /A 3.7/A Golden Valley Road at Wisconsin Avenue Intersection Analysis Single Lane Roundabout Although the intersection of Golden Valley Road at Wisconsin Avenue does not indicate existing safety concerns or future operational issues with the redevelopment traffic demand, the City requested a review of the operations of a roundabout at the intersection. The intersection currently operates as an all -way stop controlled intersection. The roundabout -controlled intersection could be implemented as a traffic calming strategy for the corridor, be a gateway feature into the City's downtown area, or alleviate any future safety or operational concerns. The roundabout analysis was performed using the Highway Capacity Software (HCS7), which implements the Highway Capacity Manual (HCM) calculations. The all -way stop analysis was also performed using HCS7 for a direct comparison between the control options. Table 16 summarizes the operations for the intersection under the existing all -way stop control and the roundabout control. The two control types show similar operations during the AM peak period, showing LOS A for the intersection and for all approaches with minimal queueing. During the PM GOLDEN VALLEY DOWNTOWN REDEVELOPMENT TRAFFIC STUDY Page 36 GOLDV 166095 293 peak hour, the roundabout control reduces the overall intersection delay by 5.3 seconds per vehicle. Figure 13 shows a concept level drawing of a single -lane roundabout with a 120 ft diameter and truck apron. Not including right-of-way, the construction cost estimate for this concept is $1.2- $1.6 million. Table 16 — 2042 Build Traffic Operations — Golden Valley Rd at Wisconsin Ave (HCS) 5.5.2 1 Mini Roundabout Currently, there is not a standard traffic operations analysis tool to evaluate a mini roundabout; there are only guidelines for the expected operational capacity of the intersection. A mini roundabout is expected to have less capacity than any single -lane roundabout examined in this section. FHWA guidance suggests a total entering demand for a mini roundabout to be less than 1,600 vehicles per hour. The 2042 full build volumes estimate a volume demand less than 500 vehicles per hour during the AM peak hour and less 700 vehicles per hour during the PM peak hour. Therefore, a mini roundabout is expected to operate acceptably at this intersection. An example of a functioning mini roundabout in the City of New Prague, Minnesota is shown below. X GOLDEN VALLEY DOWNTOWN REDEVELOPMENT TRAFFIC STUDY Page 37 GOLDV 166095 294 Figure 14 shows a concept level drawing of a mini roundabout at the Wisconsin Avenue and Golden Valley Road intersection with an 85 ft diameter and mountable median. Not including righto-of-way, the construction cost estimate for this concept is $0.6-$1.0 million. The mini roundabout is expected to have significantly less impact to right-of-way at the corners compared to the single -lane roundabout. A signal -controlled intersection was not analyzed at this intersection since it was assumed that the estimated build volumes would not meet signal warrants and since the existing and roundabout -controlled scenarios perform acceptably. GOLDEN VALLEY DOWNTOWN REDEVELOPMENT TRAFFIC STUDY Page 38 GOLDV 166095 295 { rc LOEN..v RD- GO 3;h -3AV NISNOOSIM 4 z w z w CL Q Y U J Q ❑ Q W ❑ W ❑ ❑ W W Wa � a T 0- fL ol Of a a a a W' --oi ZZOZ/BI/S Qs M" s6o99Td1A11 p-wpead-gAlsyda-u6sp-wpead-b156099 r\AI III A9APJl ^.t GOLDEN VALLEY RD .. 5MEEK- A '3nb' NISNOOSIM a z 0 w � CD U J � ❑ Q w ❑ w ❑ w z0 0 0 W a � a If w � �a y N 7 � LL Ld � N H oa �Om oa �o z_ W J ik J az z W G J O N 0 ~ 1 1 W 3" NISNOOSIM WV LOSE6 ZZOZ/9/9 Vs 9Vd !�'�'6i.} 56099IdJ\u6sp-w!lead-£b\s Lda-u6sp-w!lead-b\56099f\AOlOJ\J\f- 6 Multimodal Considerations The downtown area currently hosts several multimodal facilities, including sidewalks, multi -use trails, on -street bicycle lanes, Metro Transit bus routes and transit stops, and the Luce Line Regional Trail. Additionally, there are seven uncontrolled pedestrian crossing locations within the study area (see Figure 3). It is expected that multimodal demands will increase into the future, especially due to the planned Bus Rapid Transit route on TH 55 and associated station at Wnnetka Avenue. Golden Valley's Future Land Use Plan, Bicycle and Pedestrian Plan, 2040 Comprehensive Plan, and the three-phase Downtown Study supports this increased transit option and has identified proposed multimodal facilities to meet these changing transportation demands. Figure 15 depicts the Downtown Study's proposed biking and walking network and facilities. Note that on -street bicycle lanes have since been implemented along Boone Avenue, Golden Valley Road, and 10th Avenue. These proposed networks and facilities are in response to stakeholder interest, safety concerns, goals to strengthen multimodal access and mobility, support the redevelopment plans, and promote active living. The primary focus of the downtown traffic study was to identify improvement opportunities for the roadway networks as redevelopment occurs. However, based on the operations analysis, improvement recommendations concentrate more on safety, comfort, and mobility improvements rather than capacity improvements. These recommendations, discussed in the following sections, support these planned multimodal changes and improvements. As development occurs, it is expected that these recommendations, in addition to corresponding plans and policies, be reviewed to ensure that the site plan and approach align with the vision for the area. This may include assessing ADA-compliance, enhanced pedestrian crossing measures (e.g. RRFBs, curb extensions, signing), improved wayfinding, and/or adopting a Travel Demand Management Policy. A Travel Demand Management Policy may be useful to urge developers to implement strategies that provide employees, residents, or clients a mix of transportation options. Figure 15 — Golden Valley Downtown Study Proposed Bike/Walk Network and Facilities A i I - B a j ^^^mu_. -_..___ ___ i...-. 5caa�J.ioo • 4emOnSWP EltIFtIng Rcglooal Tral - Scie•nalk MLMJJ1 &T.il an-Scmrl 3kc Lane Rlime yolk Prnpoaad ShzfM Srrreci anon) • ! f Syasale $kww jk kph. d --- Muhi uc: Toi ^^• 4:n-x k: Lrnc S.yi R&- Fit IV --- Sdmzlk kllwte 5,demlk RRT Plororm Inke-'eaestrlen Ifrossrq GOLDEN VALLEY DOWNTOWN REDEVELOPMENT TRAFFIC STUDY Page 41 GOLDV 166095 298 7 Summary of Findings 7.1 Crash History • There was a total of 196 crashes that occurred in the 5.5-year timeframe at the 14 study intersections. These include: No fatal crashes and2 severity A (serious injury) crashes • None of the study intersections exceeded the critical crash rate; crash rates were above the Mn DOT average rate at 10th Avenue/Winnetka Avenue and Golden Valley Road/Boone Avenue. • There was a total of 39 crashes that occurred between the study intersections, predominantly at driveways. None resulted in a fatal or Severity A crash. Most resulted in property damage only (82%). • Segments along Golden Valley Road, Wisconsin Avenue, and Winnetka Avenue exceed the critical crash rate and/or exceed the MnDOT average crash rate. 7.2 Access Inventory • There is a total of 11 public street intersections with four different control types: 3/4 access, minor stop control, all -way stop control, and signal control. • There is a total of 53 driveway access points within the downtown study area and an additional 10 driveway access points in the southeast quadrant of the TH 55 and Winnetka Avenue intersection (Area 5). • Using the guidelines for access spacing referenced in the City's Comprehensive Plan, there are several full access driveways spaced below the 1/8-mile spacing guidance on Winnetka Avenue. • The signals on Winnetka Avenue at TH 55 and Golden Valley Road are spaced approximately 1/8-mile apart, which is below the 1/4-mile signal spacing guidance for a Minor Arterial. 7.3 Trip Generation and Distributior • To model the redevelopment of the Golden Valley Downtown Area, existing development trips were removed and replaced with trips from the new development. Trips were removed using existing driveway counts and land use trip distributions from the StreetLight analysis. • New development trips were generated using the ITE Trip generation Manual 11t" Edition based on redevelopment land use assumptions and site concept layouts provided by the City of Golden Valley. Trips were distributed based on land use trip distributions from the StreetLight analysis. • Based on the StreetLight analysis, an internal trip reduction of 5-10% was used depending on land use type. Additionally, a 5% mode share reduction was applied to non -municipal land uses to account for mode share reductions due to the downtown redevelopment plan's focus on pedestrian, bicycle, and transit friendly development. • Most existing and redevelopment traffic will access the area using TH 55, followed by Winnetka Avenue and Golden Valley Road. • Once full redevelopment occurs, it is estimated that the downtown area will experience approximately 500-600 more trips compared to existing during the AM and PM weekday GOLDEN VALLEY DOWNTOWN REDEVELOPMENT TRAFFIC STUDY Page 42 GOLDV 166095 299 peak hours, which is approximately twice the amount of motor vehicle trips during the peak hours for the downtown area. • The redevelopment trips will be spread across the entire downtown area and are expected to add, on average, approximately 2-2.5 times more traffic to the primary entry/exit locations to the downtown area (see Figure 9). 7.4 Traffic Operations • The primary conclusion of the traffic operations analysis is that the proposed redevelopment has minimal impact on the existing transportation network and intersection operations compared to the existing and future no build conditions. • In all operations scenarios, the TH 55 intersections experience significant delays on the side streets due to the 220 second traffic signal cycle length and prioritization of mainline TH 55 through movements. Queues on the side streets typically clear during each signal cycle length and do not build up over the hour. This existing condition was confirmed through intersection video observations. • The 2042 build conditions updated the primary commercial access on Winnetka Avenue between TH 55 and Golden Valley Road to a restricted right-in/right-out access. Northbound and eastbound left turn trips were distributed to the signalized intersection of Winnetka Avenue at Golden Valley Road. • The 2042 build operations analysis are comparable to the 2042 no build operations, showing less than 3 seconds of increased delay per vehicle at all intersections. Intersections operate acceptably at LOS D or better, with most operating at LOS B or better. • The estimated trips generated by Area 5 on the southeast corner of TH 55 and Winnetka Avenue are expected to have minimal impact to the Harold Avenue and TH 55 intersections on Winnetka Avenue. The northbound maximum queue length at TH 55 at Winnetka Avenue is expected to increase by only 1-2 vehicles and clear the intersection during each signal cycle. • A single lane roundabout and mini roundabout are expected to perform well (LOS A) at the intersection of Golden Valley Road at Wisconsin Avenue, which is currently an all - way stop controlled intersection. 8 Conclusion and Recommendations As the City of Golden Valley's considers plans to revitalize its downtown area, there are anticipated opportunities to redevelop the land uses and continue making the downtown area into a community -oriented destination with places to shop, access the civic services, work and live, walk, bike, take transit, and connect to other nearby destinations. As these steps are taken, it is critical to ensure that the area is providing safe and comfortable transportation networks and intersections to meet the demands of the redevelopment. The purpose of the Downtown Redevelopment Traffic Study was to review the planning and policy work that the City has previously completed to evaluate the impact the proposed redevelopment sites will have to the traffic and operations on the surrounding street network and identify any recommended mitigation efforts. Operationally, the existing transportation system and intersection control types are expected to handle the demand of the downtown redevelopment traffic in the future analysis year (2042); the traffic operations analysis shows nominal changes in delay, LOS, and queue lengths compared GOLDEN VALLEY DOWNTOWN REDEVELOPMENT TRAFFIC STUDY Page 43 GOLDV 166095 300 to the no build conditions. However, there are several recommended opportunities to enhance safety, manage access, and achieve a more multimodal-focused transportation network. These recommendations align with and build upon the guiding principles and recommendations outlined in the Golden Valley Downtown Study as well as goals identified through other planning and policy work. These recommendations are summarized in the section below and depicted in Figure 16. 8.1 Access Management Wisconsin Avenue Between Golden Valley Road and loth Avenue, consolidate access locations when possible as redevelopment occurs. Specifically, the driveways directly south of the loth Avenue intersection. Winnetka Avenue • Between Harold Avenue and TH 55 — As multi -family residential development occurs in Area 5, remove all accesses on Winnetka Avenue. — Consolidate the accesses on Harold Avenue with redevelopment as appropriate. — Complete planned RRFB for the pedestrian crossing at the Harold Avenue intersection as approved in the current CIP. • Between TH 55 and Golden Valley Road — Consolidate and restrict the driveways on the west side of Winnetka Avenue to a right-in/right-out access by installing a center raised median. This improvement will also improve the compliance and safety of the existing right-in/right-out access on the east side of Winnetka Avenue. It is recommended that this restriction be implemented in the short-term prior to any redevelopment to enhance the safety of this roadway segment. General signal timing adjustments at Winnetka Avenue and Golden Valley Road should be made to account for the rerouted trips. • Between Golden Valley Road and loth Avenue — As development occurs, consolidate access locations on Winnetka Avenue and, when feasible, locate all new development accesses to the existing and proposed local street networks (off Winnetka Avenue). — At the McDonald's entrance -only driveway, extend the existing raised median to further restrict non -compliant left -turn movements onto Winnetka Avenue exiting from the entrance -only driveway. This short-term recommendation can be implemented prior to any redevelopment. Golden Valley Road • Between Wisconsin Avenue and Winnetka Avenue — Consolidate access locations as redevelopment occurs on the southeast corner. If safety concerns arise in the future at these full access driveways, right-in/right-out restrictions could be enforced by extending the existing center raised median. In this case, left -turning traffic could utilize Golden Valley Drive to access the site or utilize the potential mini roundabout at Wisconsin Avenue to navigate a U-turn maneuver. — Restrict driveways just west of the Winnetka Avenue intersection to right-in/right-out accesses by extending the raised center median. Controlling these accesses will GOLDEN VALLEY DOWNTOWN REDEVELOPMENT TRAFFIC STUDY Page 44 GOLDV 166095 301 E:193 improve the access density and allow for the extension of the eastbound left turn lane at the Winnetka Avenue signal. Wisconsin Avenue at Golden Valley Road Mini Roundabout • The existing all -way stop controlled intersection operates acceptably under existing and future build conditions. However, a single -lane roundabout was reviewed based on conversations with the City. • A single -lane roundabout operates acceptably with the 2042 build traffic conditions and would function well as a traffic calming strategy on Wisconsin Avenue, safely accommodate turning maneuvers from the proposed redevelopment, and be installed as a gateway feature into the City's downtown area. • FHWA guidance suggests a total entering demand for a mini roundabout to be less than 1,600 vehicles per hour on all approaches. The 2042 full build volumes are estimated to be less than 1,000 vehicles per hour during both peak hours; therefore, a mini roundabout is expected to operate acceptably at this intersection. Compared to a traditional single -lane roundabout, a mini roundabout would have minimal right-of-way impact, have less construction cost ($0.6 - $1.0 million), and accommodate enhanced pedestrian crossings. Enhanced Uncontrolled Pedestrian Crossings • There are currently seven (7) uncontrolled pedestrian crossing locations in the downtown area. As the downtown area redevelops and as pedestrian/bicycle facilities are expanded or altered, it is recommended that the City identify and prioritize locations where pedestrian crossings can be located and/or enhanced. Furthermore, it is recommended that the City consider formalizing an internal, systematic process to evaluate pedestrian safety needs at locations and identify mitigation strategies, if necessary. • The following local and national tools are currently available and recommended to use as a resource: — FHWA's Guide for Improving Pedestrian Safety at Uncontrolled Crossing Locations o See Appendix D for the FHWA Guide's matrix of countermeasure options at uncontrolled crossing locations based on roadway conditions and traffic features. — Minnesota LRRB Uncontrolled Pedestrian Crosswalk Quick Reference Guide — Minnesota's Best Practices for Pedestrian and Bicycle Safety Handbook — Hennepin County's Pedestrian Plan and Complete Streets Policy Potential crossing enhancement opportunities may exist at the existing uncontrolled crossing locations on 10th Avenue and Rhode Island Avenue as well as the proposed crossing locations identified in the Golden Valley Downtown Study. Improvements may include treatments such as parking restrictions, in -street pedestrian crossing signs, curb extensions, pedestrian refuge islands, raised crosswalks, and Rectangular Rapid Flashing Beacons (RRFBs). GOLDEN VALLEY DOWNTOWN REDEVELOPMENT TRAFFIC STUDY Page 45 GOLDV 166095 302 M O M r� I. ', I. 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SEH Boone Ave 10th Ave Boone Ave 10th Ave Southbound Westbound Northbound Eastbound Start Time Left Thru I Right Peds Left Thru Right Peds Left Thru7 Right Peds Left Thru Right Peds Int. Total 6:00 2 7 1 2 4 4 2 2 2 3 29 6:15 4 12 3 1 3 6 1 1 2 1 34 6:30 6 17 1 4 1 1 3 14 2 2 5 3 59 6:45 13 11 1 2 6 1 5 11 3 6 7 2 68 7:00 6 18 6 1 3 5 1 2 12 4 1 6 3 67 7:15 4 20 4 4 8 2 2 10 6 2 8 3 73 7:30 7 29 1 7 5 3 2 10 1 2 9 5 81 7:45 13 33 1 4 4 2 16 9 3 7 5 97 8:00 1 18 4 5 5 2 1 10 4 3 6 6 65 8:15 7 12 2 3 4 5 2 17 8 5 11 7 83 8:30 4 19 6 8 4 2 9 6 5 7 7 77 8:45 1 18 5 4 7 1 3 21 3 6 8 5 82 9:00 2 14 4 3 4 5 9 1 5 7 9 63 9:15 2 21 1 3 2 1 4 11 5 1 2 8 61 9:30 5 16 3 7 4 1 2 3 9 5 1 9 2 65 9:45 5 14 1 6 2 1 2 10 1 3 4 4 52 10:00 4 5 1 5 2 1 2 3 10 3 5 5 7 51 10:15 2 14 1 5 5 3 3 1 8 3 1 6 9 58 10:30 3 19 3 4 2 3 12 1 3 1 6 57 10:45 6 11 6 2 6 4 3 3 6 1 2 3 12 62 11:00 14 2 1 5 3 1 5 8 4 5 9 56 11:15 3 14 3 7 9 1 3 14 7 2 14 8 85 11:30 6 15 1 4 10 3 2 6 10 5 6 17 9 92 11:45 5 8 1 9 7 4 5 16 1 3 11 8 78 12:00 5 21 4 9 10 7 1 2 22 5 1 2 7 8 102 12:15 5 18 6 3 4 1 6 16 4 2 10 5 79 12:30 5 15 2 7 3 3 1 21 3 10 5 75 12:45 8 19 1 2 7 2 5 20 4 2 7 7 84 13:00 6 13 7 3 8 4 1 3 13 4 5 8 3 77 13:15 3 12 4 6 8 9 1 17 2 3 10 4 79 13:30 3 13 1 3 10 5 1 16 11 1 8 9 80 13:45 2 21 1 5 3 4 1 6 11 2 1 5 6 67 14:00 2 16 3 2 1 1 2 14 3 9 13 66 14:15 5 27 1 1 7 8 2 13 4 8 8 84 14:30 7 16 1 2 9 3 1 1 14 2 1 6 8 70 14:45 3 16 1 1 6 5 3 1 17 3 3 8 5 71 15:00 3 18 1 8 5 7 25 2 5 10 10 94 15:15 7 20 1 8 1 4 1 3 16 2 2 5 9 78 15:30 10 31 2 9 3 8 2 19 4 2 6 11 107 15:45 2 28 2 5 4 9 1 3 25 1 5 7 9 100 16:00 4 41 2 7 5 10 3 4 14 3 9 7 106 16:15 3 24 1 8 6 8 4 30 1 6 12 103 16:30 2 39 1 7 3 6 3 23 2 4 12 10 112 16:45 6 21 4 2 5 1 2 17 1 3 16 9 86 17:00 2 21 11 11 7 2 29 4 9 10 5 111 17:15 7 17 8 3 5 2 1 23 4 4 5 6 83 17:30 1 13 5 4 3 14 2 2 6 4 54 17:45 3 12 1 2 2 3 11 2 1 3 2 42 18:00 3 10 2 3 3 4 2 17 2 4 5 10 65 18:15 12 1 1 2 5 1 2 9 1 2 5 6 46 18:30 1 5 5 1 7 1 1 1 4 1 26 18A5 2 12 2 2 2 2 15 1 2 3 43 Total 221 910 93 2 1 236 255 189 29 125 751 160 1 1 140 366 339 1 3785 Cars+ 212 861 69 1 225 236 180 29 110 714 142 1 120 345 320 1 3534 Trucks 9 49 24 1 11 19 9 0 15 37 18 0 20 21 19 0 251 %Trucks 4.1 5.4 25.8 50.0 4.7 7.5 4.8 0.0 12.0 4.9 11.3 0.0 14.3 5.7 5.6 0.0 6.7 5.7 6.8 7.1 6.6 305 Location: 10th Avenue at Wisconsin Avenue Count Date: 3/10/2022 Counted By: CountCloud TURNING MOVEMENT COUNT DATA All Vehicles A. SEH Driveway 10th Ave Wisconsin Ave 10th Ave Southbound Westbound Northbound Eastbound StartTime Left Thru I Right Peds Left Thru Right Peds Left Thru Right Peds Left Thru Right Peds Int. Total 6:00 6 1 1 2 10 6:15 1 5 2 1 5 14 6:30 1 1 9 1 3 2 3 3 9 1 33 6:45 1 7 1 10 6 1 2 3 4 35 7:00 1 3 1 4 1 8 2 1 9 2 31 7:15 1 1 3 8 6 1 7 6 33 7:30 1 1 3 11 4 6 9 2 37 7:45 1 3 13 6 9 16 7 55 8:00 3 6 6 3 9 27 8:15 1 9 9 3 5 12 7 1 45 8:30 1 19 6 3 8 4 41 8:45 5 3 6 9 1 24 9:00 5 5 4 6 11 2 33 9:15 1 8 3 3 7 5 27 9:30 4 9 2 2 15 1 33 9:45 4 8 3 3 6 4 28 10:00 2 8 2 5 10 3 30 10:15 3 6 3 3 11 1 27 10:30 3 9 2 2 5 21 10:45 1 3 7 2 1 5 8 4 31 11:00 2 12 5 5 5 2 31 11:15 2 14 5 4 24 7 56 11:30 3 16 5 4 24 6 58 11:45 4 17 5 2 17 5 50 12:00 1 13 8 7 2 12 2 43 12:15 1 10 4 1 7 1 15 8 46 12:30 1 3 12 1 7 4 1 13 8 49 12:45 1 1 7 5 7 1 9 4 34 13:00 2 13 3 7 19 5 49 13:15 3 10 1 12 6 8 4 44 13:30 1 1 2 13 5 7 1 18 2 49 13:45 2 7 4 3 7 2 25 14:00 3 6 4 10 4 27 14:15 2 9 7 8 14 3 43 14:30 6 7 7 4 9 4 37 14:45 5 5 4 11 14 4 43 15:00 2 11 10 1 4 14 4 46 15:15 4 7 5 10 1 11 1 38 15:30 1 4 3 5 1 2 3 17 4 37 15:45 1 7 1 6 6 1 16 4 41 16:00 4 10 3 7 2 17 4 45 16:15 2 1 3 11 5 9 1 12 2 46 16:30 1 1 8 6 3 1 12 17 8 57 16:45 1 3 11 6 6 25 5 57 17:00 3 17 1 11 9 20 4 65 17:15 3 6 10 5 4 11 10 3 52 17:30 4 1 4 1 5 1 3 8 9 1 37 17:45 1 4 7 3 5 5 2 27 18:00 1 3 4 6 14 2 30 18:15 2 5 2 3 4 1 17 18:30 1 5 2 4 1 1 14 18A5 7 5 2 3 3 2 22 Total 1 14 10 11 1 1 147 456 13 0 1 237 16 270 14 1 7 583 166 1 1 1930 Cars+ 14 10 11 1 146 430 13 0 224 16 262 14 6 549 150 1 1831 Trucks 0 0 0 0 1 26 0 0 13 0 8 0 1 34 16 0 99 Trucks 0.0 0.0 0.0 0.0 0.7 5.7 0.0 0.0 5.5 0.0 3.0 0.0 14.3 5.8 9.6 0.0 0.0 4.4 4.0 6.7 5.1 306 Location: 10th Avenue at Winnetka Avenue Count Date: 3/16/2022 Counted By: CountCloud TURNING MOVEMENT COUNT DATA All Vehicles SEH Winnetka Ave 10th Ave Winnetka Ave 10th Ave Southbound Westbound Northbound Eastbound Start Time Left Thru Right Peds Left Thru Right Peds Left Thru Right Peds Left Thru Right Peds Int. Total 6:00 5 27 4 1 1 6 1 45 6:15 1 28 3 1 2 2 7 1 1 46 6:30 9 39 3 1 1 3 15 1 1 1 4 77 6:45 10 55 3 1 2 5 12 4 3 1 1 97 7:00 13 52 4 1 1 5 13 1 3 2 94 7:15 6 96 4 2 1 3 1 4 31 1 3 149 7:30 14 97 7 1 1 6 9 30 1 5 1 8 179 7:45 10 119 8 1 5 9 24 10 5 11 201 8:00 19 60 7 1 1 5 5 14 47 3 3 1 6 171 8:15 10 77 10 1 9 12 43 4 1 5 172 8:30 17 68 6 2 9 7 39 1 7 1 9 166 8:45 10 78 4 1 5 6 48 1 3 3 6 1 165 9:00 9 84 3 1 5 7 62 4 5 3 7 190 9:15 11 69 7 1 8 4 40 1 3 2 3 149 9:30 5 61 9 1 1 9 4 49 3 3 2 8 155 9:45 3 41 5 1 1 2 5 2 11 35 2 4 3 1 112 10:00 4 46 3 1 3 3 8 28 3 6 4 14 122 10:15 3 50 3 1 1 7 1 5 32 1 4 7 1 113 10:30 6 37 5 1 1 6 7 42 1 5 1 4 1 116 10:45 4 74 5 2 2 12 1 50 2 4 5 15 1 176 11:00 7 66 7 1 5 8 44 7 1 7 1 13 166 11:15 5 60 5 1 9 2 49 1 2 12 1 146 11:30 15 68 6 3 5 15 11 58 2 2 7 10 3 202 11:45 17 82 5 3 1 3 12 12 77 3 9 5 11 2 237 12:00 7 59 2 1 2 6 8 6 68 5 7 4 11 1 185 12:15 11 73 2 2 3 10 1 10 57 6 6 2 16 1 196 12:30 10 83 10 1 3 5 24 2 7 72 4 2 7 2 16 3 243 12:45 7 78 4 1 2 3 12 2 7 59 2 2 5 1 4 4 184 13:00 9 72 5 1 1 5 12 7 52 2 7 2 9 1 183 13:15 9 70 6 1 2 6 10 5 48 2 1 2 8 5 173 13:30 9 86 6 1 4 13 1 3 71 1 8 3 17 1 221 13:45 9 87 4 1 2 5 7 3 46 2 10 4 9 2 188 14:00 8 65 8 2 1 3 12 5 66 3 6 5 6 1 188 14:15 4 39 3 1 12 2 7 68 1 2 6 1 7 148 14:30 12 84 3 1 2 1 16 2 7 69 4 1 15 1 7 221 14:45 5 64 7 1 3 4 11 2 3 69 1 14 4 9 1 194 15:00 11 66 6 2 3 27 3 4 82 7 5 3 7 221 15:15 11 58 10 4 3 2 8 1 1 90 1 7 6 10 3 207 15:30 10 89 5 1 2 3 13 3 83 2 1 14 5 8 4 237 15:45 5 81 9 1 3 23 1 7 97 2 8 6 10 252 16:00 5 86 3 3 1 33 1 3 99 1 11 1 14 4 257 16:15 11 77 6 4 2 27 7 98 2 16 6 11 263 16:30 5 78 7 3 3 7 31 1 5 92 1 12 4 10 255 16:45 13 70 2 2 3 4 22 3 3 113 2 4 8 9 12 3 261 17:00 7 70 4 1 23 2 3 102 1 24 9 16 2 259 17:15 12 87 6 3 1 3 17 1 2 107 2 3 14 7 22 1 280 17:30 15 77 4 4 3 2 20 3 117 11 6 11 3 269 17:45 16 78 5 3 2 18 3 72 1 1 11 3 11 5 220 18:00 15 74 4 1 2 7 2 2 73 4 13 6 5 206 18:15 23 65 2 2 1 1 3 1 69 4 2 1 1 5 176 18:30 11 69 3 1 3 1 14 5 81 3 7 3 200 18A5 16 59 6 2 6 3 52 1 5 2 5 157 Total 499 3578 268 60 58 109 584 31 1 282 3053 113 20 350 158 438 51 1 9490 Cars+ 498 3511 252 40 58 102 578 30 272 3009 112 19 335 155 420 50 9302 Trucks 1 67 16 20 0 7 6 1 10 44 1 1 15 3 18 1 188 Trucks 0.2 1.9 6.0 33.3 0.0 6.4 1.0 3.2 3.5 1.4 0.9 5.0 4.3 1.9 4.1 2.0 1.9 1.7 1.6 3.8 2.0 307 Location: Golden Valley Road at Boone Avenue Count Date: 3/10/2022 Counted By: CountCloud TURNING MOVEMENT COUNT DATA All Vehicles -A S E H Boone Ave Golden Valley Rd Boone Ave 7th Ave Southbound Westbound Northbound Eastbound Start Time Left Thru Right Peds Left Thru Right Peds Left Thru Right Peds Left Thru Right Peds Int. Total 6:00 3 11 10 3 4 12 5 1 2 8 59 6:15 5 7 1 16 7 1 3 10 2 2 2 56 6:30 4 15 15 4 4 5 16 1 1 2 11 78 6:45 6 9 18 3 3 12 22 4 4 8 89 7:00 3 16 1 15 7 2 5 25 3 3 4 84 7:15 5 24 1 19 1 4 5 21 12 2 1 2 97 7:30 9 35 2 24 11 10 6 16 7 13 9 142 7:45 8 23 1 34 4 6 7 40 11 1 5 2 142 8:00 13 25 27 5 14 9 17 14 6 11 141 8:15 2 23 26 6 13 8 32 7 1 4 8 130 8:30 9 25 3 25 3 4 6 24 6 1 3 4 112 8:45 8 23 1 19 4 10 11 26 10 5 4 120 9:00 5 23 12 6 4 11 17 9 1 5 4 97 9:15 11 22 4 20 5 9 16 12 8 4 6 117 9:30 5 21 1 29 9 7 12 12 9 8 14 127 9:45 5 8 2 27 5 4 17 16 10 10 12 116 10:00 6 14 2 26 6 4 25 17 5 1 12 5 123 10:15 4 29 2 31 10 1 16 10 8 11 7 129 10:30 9 28 2 29 8 5 17 12 5 2 8 13 138 10:45 11 20 5 23 12 2 23 15 7 2 5 19 144 11:00 11 18 6 21 7 4 34 19 10 6 22 158 11:15 8 22 4 33 10 9 1 26 19 13 2 12 14 172 11:30 12 21 3 26 18 8 27 22 8 2 10 15 172 11:45 8 25 3 35 15 8 28 21 11 3 10 21 188 12:00 6 32 7 28 14 13 1 38 12 10 1 22 28 211 12:15 10 14 9 1 41 22 12 1 31 18 15 1 29 25 227 12:30 12 25 3 36 16 10 33 15 14 4 14 18 200 12:45 9 25 5 38 16 16 33 18 16 2 14 21 213 13:00 4 18 2 21 18 6 31 17 12 4 11 20 164 13:15 6 21 2 32 11 4 23 14 14 2 23 23 175 13:30 8 28 3 36 19 6 1 25 16 12 2 11 18 184 13:45 13 34 2 2 34 16 5 2 30 11 11 3 13 26 198 14:00 3 30 3 31 10 4 22 7 11 1 18 19 159 14:15 10 31 1 33 15 5 22 17 9 1 18 21 183 14:30 9 27 3 31 18 10 1 31 10 8 1 1 19 24 191 14:45 3 26 2 29 16 7 19 16 10 5 10 16 1 159 15:00 7 26 5 29 8 6 34 19 10 1 1 10 19 174 15:15 10 32 5 32 12 7 1 20 11 5 1 11 13 159 15:30 12 43 1 31 14 7 15 16 9 1 4 8 26 186 15:45 10 32 5 34 13 10 22 14 11 2 9 19 181 16:00 14 41 5 1 39 9 4 2 28 20 11 2 1 21 21 214 16:15 13 35 6 30 17 11 27 20 12 4 11 21 207 16:30 10 58 5 32 11 9 31 21 17 1 18 19 231 16:45 7 30 6 28 13 4 37 18 14 1 8 31 1 197 17:00 6 50 4 35 15 4 24 27 13 3 19 37 237 17:15 7 30 6 39 10 5 37 15 16 1 2 18 32 217 17:30 6 24 5 32 6 3 33 11 8 2 11 36 177 17:45 5 9 2 31 14 8 37 3 14 3 1 8 21 153 18:00 7 25 5 31 13 6 24 15 11 2 16 20 175 18:15 3 18 3 1 19 7 5 36 7 5 5 17 17 1 142 18:30 3 8 2 23 6 1 32 9 7 2 2 13 21 127 18A5 4 9 6 20 11 4 24 11 5 1 14 18 127 Total 387 1268 156 6 1435 539 332 10 1 1140 854 491 13 1 77 565 855 3 8099 Cars+ 375 1200 150 5 1402 520 313 9 1088 801 485 13 74 550 802 3 7760 Trucks 12 68 6 1 33 19 19 1 52 53 6 0 3 15 53 0 339 Trucks 3.1 5.4 3.8 16.7 2.3 3.5 5.7 10.0 4.6 6.2 1.2 0.0 3.9 2.7 6.2 0.0 4.7 3.1 4.5 4.7 4.2 308 Location: Golden Valley Road at Wisconsin Avenue Count Date: 3/8/2022 Counted By: CountCloud TURNING MOVEMENT COUNT DATA All Vehicles -A S G H Wisconsin Ave Golden Valley Rd Wisconsin Ave Golden Valley Rd Southbound Westbound Northbound Eastbound Start Time Left Thru I Right I Peds Left Thru Right Peds Left Thru7 Right I Peds Left Thru Right Peds Int. Total 6:00 2 1 3 4 1 1 2 3 17 6:15 4 3 3 4 2 2 3 8 29 6:30 1 3 4 6 5 1 11 30 6:45 2 4 2 6 1 16 7 2 7 47 7:00 6 1 6 2 6 3 6 3 1 9 43 7:15 4 5 4 7 4 1 11 7 1 9 53 7:30 2 3 5 16 4 2 15 3 1 23 74 7:45 5 4 4 6 10 2 3 11 10 4 20 79 8:00 2 3 2 6 9 1 6 11 2 17 59 8:15 5 4 3 5 8 2 6 9 1 4 15 1 61 8:30 1 1 3 13 1 8 10 19 56 8:45 4 3 5 4 9 2 4 7 12 3 27 80 9:00 5 1 1 2 2 17 4 5 8 10 1 3 15 71 9:15 9 5 2 1 1 18 4 4 10 1 20 1 74 9:30 8 1 4 14 4 1 7 8 3 24 74 9:45 3 1 2 5 12 3 3 8 12 1 1 20 1 71 10:00 4 2 2 5 13 4 2 7 8 2 24 2 75 10:15 4 2 1 1 6 13 2 1 4 12 1 1 21 5 71 10:30 3 3 7 16 4 2 5 13 1 22 1 77 10:45 4 1 5 13 3 3 6 20 3 26 2 86 11:00 5 2 5 1 10 8 2 11 11 3 37 95 11:15 11 1 2 1 5 24 8 6 16 2 35 2 112 11:30 7 1 1 1 8 16 6 1 1 21 1 40 1 104 11:45 9 2 12 30 6 4 6 22 3 32 4 130 12:00 9 2 1 15 21 2 1 5 21 3 59 4 142 12:15 6 5 3 1 5 24 11 1 4 19 5 43 3 129 12:30 8 3 2 10 25 9 3 4 17 1 3 48 2 132 12:45 8 3 3 11 23 13 1 12 21 3 39 4 141 13:00 7 2 6 27 3 3 5 17 1 4 38 112 13:15 4 2 9 22 4 4 7 23 2 2 38 1 116 13:30 8 7 1 9 22 6 1 8 19 3 29 1 114 13:45 7 1 13 17 4 4 2 23 2 42 1 116 14:00 9 2 1 4 17 5 4 6 26 2 32 2 110 14:15 5 3 2 8 23 9 4 24 1 3 34 1 114 14:30 3 1 2 8 17 8 5 5 14 3 46 2 114 14:45 1 1 2 1 7 29 11 2 9 12 1 1 40 2 117 15:00 7 1 2 1 4 24 6 1 2 7 21 1 44 1 120 15:15 6 1 1 8 19 6 1 3 5 21 1 2 45 116 15:30 11 3 1 1 7 10 4 1 5 17 1 36 1 97 15:45 7 3 8 24 4 1 5 7 20 3 48 2 131 16:00 7 5 3 9 24 7 1 8 19 1 5 37 4 129 16:15 4 4 4 4 6 28 6 1 1 7 12 1 4 42 1 118 16:30 6 6 3 8 20 3 3 1 19 47 3 119 16:45 9 3 2 10 36 4 1 15 20 1 7 38 1 146 17:00 3 3 1 7 23 5 1 7 19 1 2 28 3 102 17:15 6 4 3 13 27 2 1 9 19 2 35 1 121 17:30 3 5 5 20 2 1 2 24 1 1 33 2 98 17:45 2 1 2 10 11 1 5 13 17 2 25 1 90 18:00 1 2 1 11 29 2 1 7 19 17 90 18:15 2 2 2 1 12 17 3 1 7 31 1 12 1 1 91 18:30 4 2 1 6 8 4 2 4 9 3 22 65 18A5 3 2 1 6 9 1 10 9 1 20 62 Total 265 123 86 22 1 340 888 224 6 1 91 354 775 17 1 111 1501 62 3 4820 Cars+ 257 122 79 21 339 877 213 6 88 344 773 17 110 1474 59 3 4735 Trucks 8 1 7 1 1 11 11 0 3 10 2 0 1 27 3 0 85 Trucks 3.0 0.8 8.1 4.5 0.3 1.2 4.9 0.0 3.3 2.8 0.3 0.0 0.9 1.8 4.8 0.0 3.4 1.6 1.2 1.9 1.8 309 Location: Golden Valley Road at Winnetka Avenue Count Date: 3/8/2022 Counted By: CountCloud TURNING MOVEMENT COUNT DATA All Vehicles A SEH Winnetka Ave Golden Valley Rd Winnetka Ave Golden Valley Rd Southbound Westbound Northbound Eastbound Start Time Left Thru I Right Peds Left Thru Right Peds Left Thru7 Right Peds Left Thru Right Peds Int. Total 6:00 5 12 1 1 1 5 2 6 3 2 38 6:15 6 12 1 1 4 5 1 14 3 3 5 54 6:30 5 26 2 1 1 2 2 1 24 4 1 13 5 86 6:45 15 33 1 6 2 3 3 22 1 3 8 2 99 7:00 7 21 4 11 4 2 5 26 8 3 6 4 101 7:15 11 42 1 1 9 5 3 2 5 24 6 1 6 9 122 7:30 6 29 11 10 5 1 13 29 4 4 21 13 145 7:45 9 33 10 12 3 1 9 46 16 3 12 14 167 8:00 8 37 2 14 9 9 9 46 10 2 12 5 163 8:15 9 35 2 8 9 11 6 42 14 5 12 9 1 162 8:30 7 39 3 1 10 10 17 1 8 53 17 1 17 17 199 8:45 16 22 1 1 13 14 10 12 42 14 6 15 11 176 9:00 13 44 8 1 15 12 9 8 41 21 6 15 5 197 9:15 11 28 6 16 11 12 9 45 10 6 15 11 180 9:30 8 23 4 1 19 10 7 1 11 44 14 4 18 17 179 9:45 5 25 1 1 10 15 10 1 10 38 17 6 9 12 158 10:00 17 32 3 13 9 11 13 32 16 5 17 8 1 176 10:15 10 31 1 12 12 8 7 33 10 7 18 5 154 10:30 11 22 3 1 8 15 5 6 36 20 4 19 18 167 10:45 8 20 6 1 18 8 6 1 4 34 15 12 19 19 169 11:00 21 29 2 21 9 11 7 41 13 8 21 18 201 11:15 14 38 6 1 18 19 12 11 50 19 6 22 15 230 11:30 19 36 6 21 17 15 8 43 18 5 22 13 223 11:45 12 36 6 23 18 17 13 61 18 7 29 15 255 12:00 21 49 3 20 16 25 14 51 17 13 34 21 284 12:15 16 40 4 1 22 17 16 9 58 31 8 35 15 1 271 12:30 19 36 6 3 19 14 12 1 9 58 26 13 33 20 1 265 12:45 16 38 3 1 16 10 12 3 24 61 18 8 22 18 246 13:00 14 34 3 1 33 14 21 1 10 44 20 1 13 25 17 1 248 13:15 19 27 3 18 16 11 5 41 21 10 28 18 2 217 13:30 9 32 5 1 15 16 17 12 47 16 4 18 20 211 13:45 11 39 3 23 11 16 12 49 22 1 10 29 15 1 240 14:00 11 32 4 18 18 7 9 53 17 6 28 19 222 14:15 13 22 2 19 12 10 13 36 8 6 31 22 194 14:30 8 27 4 3 27 13 10 10 65 20 8 30 13 235 14:45 3 28 5 1 15 18 8 9 60 21 1 9 19 18 213 15:00 7 42 6 1 29 16 11 14 73 20 16 28 25 287 15:15 10 30 1 17 9 13 10 69 26 12 27 20 244 15:30 12 26 6 18 15 6 6 58 14 1 6 26 15 1 208 15:45 11 47 3 27 16 15 12 66 22 10 31 15 1 275 16:00 9 49 2 1 32 10 11 13 87 18 8 30 23 292 16:15 11 30 5 17 18 8 1 15 86 16 5 31 14 256 16:30 11 55 6 23 14 11 11 77 17 12 24 30 291 16:45 19 78 6 20 14 8 17 76 29 7 39 16 329 17:00 19 74 4 1 20 19 13 14 67 20 11 22 20 303 17:15 16 85 12 18 13 8 11 104 12 13 29 28 349 17:30 11 80 8 10 8 8 13 65 14 9 22 26 274 17:45 11 75 4 11 5 16 1 10 63 21 4 18 13 251 18:00 15 47 9 8 13 11 10 66 15 8 15 21 238 18:15 14 60 6 5 6 6 68 12 6 18 20 221 18:30 9 50 1 9 12 11 4 51 10 6 12 9 184 18A5 7 54 3 12 7 4 5 48 7 5 15 11 178 Total 1 605 1991 191 25 814 607 518 15 1 488 2619 798 4 1 354 1073 769 10 1 10827 Cars+ 601 1953 188 25 794 600 508 15 470 2567 780 4 352 1054 749 10 10616 Trucks 4 38 3 0 20 7 10 0 18 52 18 0 2 19 20 0 211 Trucks 0.7 1.9 1.6 0.0 2.5 1.2 1.9 0.0 3.7 2.0 2.3 0.0 0.6 1.8 2.6 0.0 1.6 1.9 2.3 1.9 1.9 310 Location: Golden Valley Road at Rhode Island Avenue Count Date: 3/16/2022 Counted By: CountCloud TURNING MOVEMENT COUNT DATA All Vehicles S E H Rhode Island Ave Golden Valley Rd Rhode Island Ave Golden Valley Rd Southbound Westbound Northbound Eastbound Start Time Left Thru Right Peds Left Thru Right Peds Left Thru7 Right Peds Left Thru Right Peds Int. Total 6:00 3 2 5 5 1 3 1 6 4 1 30 6:15 1 1 2 8 2 4 2 7 1 26 6:30 2 5 5 12 3 2 3 4 9 3 48 6:45 5 6 2 1 6 10 6 2 3 8 1 15 4 1 68 7:00 3 9 10 18 1 9 10 2 62 7:15 4 6 14 19 1 4 2 10 5 5 70 7:30 3 11 1 17 24 3 4 2 4 2 18 7 96 7:45 3 16 1 1 9 23 3 6 6 19 5 17 7 115 8:00 5 15 2 17 24 4 7 7 14 1 15 9 120 8:15 6 13 11 17 4 11 9 17 17 11 2 116 8:30 9 18 1 13 16 1 4 11 19 11 3 106 8:45 8 6 12 30 4 6 5 19 3 13 6 112 9:00 7 5 3 2 16 35 1 15 2 14 1 17 3 119 9:15 7 8 13 16 7 8 6 10 15 8 98 9:30 5 6 7 19 2 6 9 5 15 3 77 9:45 3 3 2 2 9 32 4 12 6 20 1 22 6 2 120 10:00 7 4 1 1 8 31 4 12 2 4 1 22 9 105 10:15 2 2 1 6 19 2 15 8 20 11 9 95 10:30 1 10 1 7 25 1 7 9 11 13 6 91 10:45 3 9 1 7 26 2 10 9 9 24 9 109 11:00 7 4 3 13 33 1 1 14 7 18 1 22 12 135 11:15 7 2 2 15 22 8 11 6 22 32 13 140 11:30 4 10 1 9 55 7 20 9 22 2 31 16 186 11:45 9 7 3 10 39 8 26 15 25 2 36 18 198 12:00 5 12 3 14 53 4 1 15 10 20 1 2 28 11 177 12:15 10 15 4 3 9 34 4 1 14 11 14 1 4 32 7 2 158 12:30 6 7 2 1 18 41 5 11 15 16 36 12 1 169 12:45 4 5 4 2 19 41 8 1 15 7 21 1 1 43 8 1 176 13:00 5 6 1 2 20 39 10 2 17 10 11 1 45 11 176 13:15 11 2 4 3 14 47 5 23 9 25 2 30 15 1 187 13:30 8 8 1 10 33 4 12 17 11 27 9 140 13:45 3 11 2 1 18 26 8 1 18 5 12 35 13 151 14:00 1 6 1 14 25 1 17 14 15 1 18 8 1 120 14:15 4 7 1 12 24 3 4 17 10 12 4 1 17 9 116 14:30 8 12 1 1 12 32 2 12 15 14 2 26 14 150 14:45 6 13 1 1 7 29 2 1 18 13 15 26 10 140 15:00 12 10 2 1 9 29 2 14 13 17 2 30 11 151 15:15 5 8 4 10 26 2 20 14 12 23 11 135 15:30 2 12 5 8 32 4 20 9 17 40 13 162 15:45 8 7 1 3 6 29 6 10 20 12 3 43 9 1 154 16:00 2 10 2 7 28 6 12 22 26 1 24 14 154 16:15 5 15 2 11 25 4 11 25 15 2 36 15 166 16:30 6 11 3 9 28 5 16 22 29 31 16 173 16:45 11 22 1 1 9 36 4 1 16 22 26 1 34 11 3 193 17:00 5 25 1 2 6 29 7 2 11 20 16 1 2 43 16 1 181 17:15 6 9 4 1 11 37 2 1 12 17 20 1 34 9 1 162 17:30 7 14 1 1 9 28 5 13 14 26 2 31 14 164 17:45 4 12 1 2 8 21 3 1 10 16 14 1 24 16 130 18:00 6 8 1 3 13 24 7 8 6 14 2 46 8 143 18:15 5 6 2 11 22 2 10 8 31 3 35 10 143 18:30 2 8 2 9 26 2 1 7 9 15 2 4 28 11 121 18A5 6 6 1 8 15 3 6 3 6 18 8 1 80 Total 274 465 74 45 549 1417 196 18 592 517 789 10 63 1286 492 20 6714 Cars+ 270 463 72 45 540 1385 179 18 589 509 780 10 61 1245 478 20 6571 Trucks 4 2 2 0 9 32 17 0 3 8 9 0 2 41 14 0 143 Trucks 1.5 0.4 2.7 0.0 1.6 2.3 8.7 0.0 0.5 1.5 1.1 0.0 3.2 3.2 2.8 0.0 1.0 2.7 1.1 3.1 2.1 311 Location: Golden Valley Road at Pennsylvania Avenue Count Date: 4/7/2022 Counted By: CountCloud TURNING MOVEMENT COUNT DATA All Vehicles A SEH Pennsylvania Ave Golden Valley Rd N/A Golden Valley Rd Southbound Westbound Northbound Eastbound Start Time Left Thru Right Peds Left Thru Right Peds Left Thru Right Peds Left Thru Right Peds Int. Total 6:00 1 8 12 21 6:15 1 2 9 12 22 6:30 4 14 7 25 6:45 5 1 20 1 18 44 7:00 2 5 21 1 2 8 39 7:15 3 10 25 2 3 15 58 7:30 3 12 26 2 4 37 84 7:45 3 5 35 2 10 42 97 8:00 2 15 1 25 2 9 28 81 8:15 1 9 30 4 9 21 74 8:30 2 7 36 2 6 30 83 8:45 5 7 25 4 21 25 87 9:00 2 25 25 5 7 32 96 9:15 1 6 26 1 3 28 1 65 9:30 6 35 5 15 61 9:45 3 3 26 2 6 27 67 10:00 9 24 5 7 24 69 10:15 5 24 1 7 20 57 10:30 2 7 25 5 22 61 10:45 4 3 33 4 5 30 79 11:00 2 6 36 5 32 81 11:15 3 10 46 3 10 39 111 11:30 4 15 51 3 11 44 128 11:45 1 6 59 7 36 109 12:00 8 1 74 1 7 35 125 12:15 2 5 37 2 4 62 112 12:30 3 5 1 47 3 4 51 113 12:45 2 6 1 44 2 6 30 90 13:00 1 6 34 5 43 89 13:15 1 9 36 3 8 36 93 13:30 1 9 27 1 8 31 77 13:45 2 3 1 38 4 4 37 88 14:00 7 1 31 2 4 35 79 14:15 2 4 32 2 8 37 85 14:30 4 10 26 1 6 37 84 14:45 3 10 33 3 15 29 93 15:00 2 8 1 34 1 12 43 100 15:15 2 6 33 5 9 33 88 15:30 1 3 32 2 1 41 80 15:45 2 10 42 15 45 114 16:00 1 10 27 8 64 110 16:15 1 7 1 29 8 47 92 16:30 3 4 48 2 10 41 108 16:45 1 8 35 3 21 50 118 17:00 3 8 43 1 11 55 121 17:15 5 7 1 34 1 22 59 128 17:30 2 10 26 6 34 78 17:45 8 35 9 40 92 18:00 2 7 15 7 40 71 18:15 2 9 26 2 15 32 86 18:30 4 20 1 18 30 73 18A5 2 4 20 11 26 63 Total 1 94 0 376 12 0 1642 85 0 1 0 0 0 0 1 405 1747 0 1 1 4349 Cars+ 94 0 371 12 0 1604 85 0 0 0 0 0 399 1716 0 1 4269 Trucks 0 0 5 0 0 38 0 0 0 0 0 0 6 31 0 0 80 Trucks 0.0 0.0 1.3 0.0 0.0 2.3 0.0 0.0 0.0 0.0 0.0 0.0 1.5 1.8 0.0 0.0 1.1 2.2 0.0 1.7 1.8 312 Location: Rhode Island Avenue at Country Club Drive Count Date: 3/16/2022 Counted By: CountCloud TURNING MOVEMENT COUNT DATA All Vehicles > SEH Rhode Island Ave Country Club Dr Rhode Island Ave Driveway Southbound Westbound Northbound Eastbound Start Time Left Thru Right Peds Left Thru Right Peds Left Thru Right Peds Left Thru Right Peds Int. Total 6:00 5 3 2 3 4 4 2 1 23 6:15 3 5 1 5 2 2 2 1 20 6:30 2 11 3 5 3 2 26 6:45 7 10 3 1 11 5 2 1 40 7:00 1 19 3 2 8 4 4 41 7:15 2 24 5 4 10 9 2 3 59 7:30 9 16 9 1 10 6 2 53 7:45 8 24 6 3 25 9 3 1 3 82 8:00 14 28 7 6 20 8 2 1 3 89 8:15 10 25 14 11 21 12 1 3 3 97 8:30 3 29 13 8 19 7 5 84 8:45 5 21 8 8 19 14 2 2 7 86 9:00 3 22 4 7 19 8 6 2 71 9:15 10 19 6 2 16 13 5 8 79 9:30 12 17 6 4 13 9 4 12 77 9:45 3 15 5 3 26 14 10 1 5 82 10:00 4 16 6 1 11 4 1 5 13 60 10:15 3 14 9 7 30 7 6 1 7 84 10:30 2 21 7 4 17 11 6 1 11 80 10:45 4 21 7 5 16 3 7 9 72 11:00 5 23 13 6 29 8 5 6 95 11:15 6 24 11 7 23 7 10 5 93 11:30 5 30 6 5 33 3 11 1 12 106 11:45 6 30 6 8 46 14 15 9 134 12:00 8 28 12 5 23 4 12 9 101 12:15 6 25 9 7 2 25 3 1 7 1 13 2 96 12:30 7 29 1 8 6 1 28 7 1 9 10 104 12:45 2 29 8 4 33 8 1 7 10 101 13:00 2 34 10 8 2 20 2 1 9 7 92 13:15 8 24 12 11 34 3 11 12 115 13:30 6 21 1 7 6 24 1 10 12 87 13:45 10 32 2 20 5 19 10 1 9 7 2 112 14:00 3 25 14 9 31 5 7 10 104 14:15 1 24 1 13 7 21 8 10 6 4 91 14:30 7 30 14 3 1 28 9 10 14 115 14:45 6 24 17 11 22 10 14 7 111 15:00 4 27 11 9 28 7 5 11 102 15:15 3 25 15 2 36 5 11 12 109 15:30 11 21 15 13 14 14 1 16 1 9 114 15:45 5 18 26 9 21 9 1 11 11 110 16:00 3 29 17 9 44 5 1 11 1 11 130 16:15 11 30 18 8 1 26 4 16 3 10 126 16:30 8 27 18 7 1 45 9 13 1 6 134 16:45 3 39 17 13 1 42 4 12 16 1 146 17:00 6 38 16 9 1 33 5 5 20 1 132 17:15 3 25 18 8 1 37 10 1 5 10 116 17:30 9 29 1 17 10 36 8 7 9 125 17:45 9 27 13 6 30 7 4 2 98 18:00 5 24 11 4 20 3 4 2 71 18:15 4 22 7 3 45 2 1 3 87 18:30 8 20 5 2 1 30 3 1 4 2 73 18A5 5 17 3 1 1 10 7 2 1 46 Total 292 1208 1 5 535 0 302 13 1 0 1241 356 10 350 15 381 19 1 4681 Cars+ 285 1191 1 5 525 0 293 13 0 1230 349 10 350 15 381 19 4620 Trucks 7 17 0 0 10 0 9 0 0 11 7 0 0 0 0 0 61 Trucks 2.4 1.4 0.0 0.0 1.9 0.0 3.0 0.0 0.0 0.9 2.0 0.0 0.0 0.0 0.0 0.0 1.6 2.3 1.1 0.0 1.3 313 Location: Highway 55 at Boone Avenue Count Date: 3/10/2022 Counted By: CountCloud TURNING MOVEMENT COUNT DATA All Vehicles A S G H Boone Ave Highway 55 Boone Ave Highway 55 Southbound Westbound Northbound Eastbound Start Time Left Thru I Right Peds Left Thru Right Peds Left Thru7 Right Peds Left Thru Right Peds Int. Total 6:00 14 8 7 61 12 7 5 7 14 67 4 206 6:15 11 4 10 6 77 11 4 4 3 10 105 10 255 6:30 19 8 9 6 119 13 5 8 5 18 128 6 344 6:45 19 10 12 9 146 20 4 9 8 20 171 8 436 7:00 14 12 11 12 132 18 2 13 10 14 200 11 449 7:15 15 15 14 14 185 27 2 7 10 22 257 18 586 7:30 17 25 28 28 237 31 6 11 9 25 360 16 793 7:45 17 12 27 17 227 33 8 17 25 22 425 17 847 8:00 24 18 22 17 233 22 7 11 14 32 328 18 746 8:15 15 16 26 24 171 29 5 15 9 24 284 23 1 641 8:30 9 20 26 13 177 19 10 19 16 19 244 16 588 8:45 23 14 14 19 152 20 7 7 11 33 243 11 1 554 9:00 14 10 14 12 162 17 12 9 7 26 168 18 1 469 9:15 16 13 20 20 171 18 4 3 7 25 184 9 490 9:30 26 15 25 6 170 16 9 6 13 28 180 11 505 9:45 14 9 30 5 152 19 5 10 7 32 162 5 450 10:00 16 12 19 7 144 21 10 12 11 23 131 9 1 415 10:15 22 13 33 8 137 18 11 11 6 19 150 7 435 10:30 21 21 32 11 137 18 9 8 11 25 134 6 433 10:45 24 15 25 13 161 18 6 12 18 2 33 155 7 487 11:00 25 14 30 9 170 34 13 13 10 36 133 9 496 11:15 26 18 35 8 161 21 13 18 11 42 147 3 503 11:30 22 13 26 9 205 25 12 19 8 36 163 12 550 11:45 31 25 36 9 183 30 16 13 23 40 168 9 583 12:00 35 23 37 15 167 30 15 20 23 38 166 9 578 12:15 22 15 41 10 211 30 6 19 12 41 171 13 591 12:30 24 16 39 19 182 31 7 16 16 45 142 2 539 12:45 23 21 37 12 192 32 10 12 19 42 183 9 592 13:00 24 17 24 7 185 32 7 16 12 31 160 6 521 13:15 30 18 35 13 184 26 14 14 10 33 171 7 1 555 13:30 20 26 28 8 186 26 6 16 17 40 186 7 566 13:45 37 24 40 13 178 20 18 13 12 39 179 4 577 14:00 29 18 29 9 236 29 11 9 16 27 203 6 622 14:15 33 18 35 11 198 17 9 14 13 32 182 5 1 567 14:30 39 28 29 9 220 22 10 14 13 42 219 5 1 650 14:45 24 22 35 1 14 254 25 9 16 22 31 217 5 674 15:00 34 13 22 11 301 35 16 16 21 34 254 7 764 15:15 35 21 27 8 218 29 8 10 21 19 281 6 1 683 15:30 37 17 39 13 297 26 8 9 20 25 270 8 769 15:45 41 22 28 9 305 29 22 11 22 35 260 10 794 16:00 43 17 32 15 324 27 17 12 26 41 301 6 861 16:15 38 21 35 16 294 30 14 13 32 35 301 3 832 16:30 50 32 40 11 279 22 15 17 32 52 341 6 2 897 16:45 41 17 28 13 318 23 26 20 27 46 356 3 918 17:00 55 25 48 13 280 28 14 22 33 32 369 6 925 17:15 47 18 35 13 285 35 18 11 29 42 344 8 885 17:30 39 27 18 13 245 29 17 12 26 33 374 8 841 17:45 30 14 30 10 208 29 10 17 16 35 243 2 644 18:00 28 24 28 16 182 24 14 18 14 27 224 7 606 18:15 28 10 25 14 169 33 11 9 17 21 163 4 504 18:30 25 7 19 13 144 22 7 5 9 36 153 3 443 18A5 16 14 19 5 142 18 7 11 10 19 153 2 416 Total 1381 885 1413 1 1 615 10254 1269 0 1 533 652 799 2 1 1591 11253 430 10 1 31075 Cars+ 1306 867 1355 1 607 9918 1218 0 492 637 791 2 1510 10928 426 8 30055 Trucks 75 18 58 0 8 336 51 0 41 15 8 0 81 325 4 2 1020 Trucks 5.4 2.0 4.1 0.0 1.3 3.3 4.0 0.0 7.7 2.3 1.0 0.0 5.1 2.9 0.9 20.0 4.1 3.3 3.2 3.1 3.3 314 Location: Highway 55 at Wisconsin Avenue Count Date: 3/8/2022 Counted By: CountCloud TURNING MOVEMENT COUNT DATA All Vehicles A. SEH Wisconsin Ave Highway 55 N/A Highway 55 Southbound Westbound Northbound Eastbound Start Time Left Thru I Right I Peds Left Thru Right Peds Left Thru7 Right Peds Left Thru Right Peds Int. Total 6:00 4 86 3 1 61 155 6:15 6 98 2 5 128 239 6:30 2 132 2 13 155 304 6:45 3 148 16 14 221 402 7:00 2 176 5 7 250 440 7:15 8 209 17 11 290 535 7:30 7 260 14 16 381 678 7:45 7 276 18 17 457 775 8:00 11 252 13 11 432 719 8:15 6 243 11 17 330 607 8:30 4 249 8 15 276 552 8:45 6 226 8 23 254 517 9:00 4 188 7 18 218 435 9:15 7 145 6 16 182 356 9:30 5 203 6 13 173 400 9:45 6 171 14 16 205 412 10:00 18 167 13 10 162 370 10:15 14 168 8 15 160 365 10:30 10 160 7 18 147 342 10:45 9 171 8 24 196 408 11:00 6 185 14 15 181 401 11:15 9 177 9 20 198 413 11:30 12 185 6 19 189 411 11:45 14 220 8 24 208 474 12:00 22 210 5 24 209 470 12:15 14 209 6 22 209 460 12:30 14 200 4 20 203 441 12:45 16 220 10 33 221 500 13:00 8 181 13 17 164 383 13:15 10 237 10 25 194 476 13:30 19 207 13 15 209 463 13:45 17 235 12 16 192 472 14:00 8 214 10 25 197 454 14:15 10 255 16 20 213 514 14:30 15 257 4 19 229 524 14:45 10 252 9 16 298 585 15:00 10 293 15 16 269 603 15:15 13 267 8 24 266 578 15:30 18 317 8 16 312 671 15:45 9 312 13 26 225 585 16:00 21 301 11 14 266 613 16:15 12 331 11 15 338 707 16:30 19 341 6 17 402 785 16:45 14 304 12 25 384 739 17:00 17 343 9 19 423 811 17:15 22 320 8 18 406 774 17:30 13 259 4 21 324 621 17:45 13 261 14 25 303 616 18:00 13 187 4 21 213 438 18:15 17 186 6 30 199 438 18:30 7 158 4 12 162 343 18A5 8 154 4 14 118 298 Total 0 0 569 0 1 0 11506 472 0 1 0 0 0 0 1 923 12602 0 0 1 26072 Cars+ 0 0 563 0 0 11159 464 0 0 0 0 0 915 12208 0 0 25309 Trucks 0 0 6 0 0 347 8 0 0 0 0 0 8 394 0 0 763 Trucks 0.0 0.0 1.1 0.0 0.0 3.0 1.7 0.0 0.0 0.0 0.0 0.0 0.9 3.1 0.0 0.0 1.1 3.0 0.0 3.0 2.9 315 Location: Highway 55 at Winnetka Avenue Count Date: 3/8/2022 Counted By: CountCloud TURNING MOVEMENT COUNT DATA All Vehicles A. SEH Winnetka Ave Highway 55 Winnetka Ave Highway 55 Southbound Westbound Northbound Eastbound Start Time Left Thru I Right Peds Left Thru Right Peds Left Thru7 Right Peds Left Thru Right Peds Int. Total 6:00 6 7 4 1 84 7 3 1 73 13 199 6:15 3 3 8 1 88 10 5 3 2 2 116 7 248 6:30 17 8 6 119 16 7 9 4 8 137 20 351 6:45 17 16 12 2 158 17 6 4 1 15 181 20 449 7:00 15 11 12 1 4 157 21 8 14 2 16 210 20 490 7:15 17 16 17 5 193 17 15 12 2 17 245 27 583 7:30 32 19 14 6 248 21 11 18 12 21 332 21 1 755 7:45 24 22 17 6 251 27 23 27 8 26 409 33 873 8:00 21 19 20 15 222 29 20 29 11 29 383 34 832 8:15 25 19 15 14 230 27 14 29 19 26 275 35 728 8:30 35 18 21 17 221 36 25 27 18 28 231 24 701 8:45 24 19 16 9 193 32 22 21 17 33 202 15 603 9:00 28 15 20 14 161 26 8 22 7 31 160 22 514 9:15 26 25 18 5 119 26 12 30 5 19 157 14 456 9:30 19 13 25 15 167 29 20 22 6 28 124 19 487 9:45 22 18 23 10 138 29 23 18 9 36 157 14 497 10:00 21 18 16 7 142 36 22 17 8 20 123 21 451 10:15 23 14 19 10 141 19 14 21 7 22 126 9 425 10:30 25 18 12 7 142 20 13 20 5 20 111 13 406 10:45 23 16 23 3 139 28 19 22 4 30 140 19 466 11:00 30 15 33 12 160 31 12 30 9 25 133 21 511 11:15 39 23 22 18 138 38 19 29 11 35 147 12 531 11:30 22 16 32 13 145 41 15 25 3 33 141 21 507 11:45 42 28 32 10 182 51 22 38 8 42 139 20 614 12:00 33 20 50 13 145 46 13 39 10 41 152 20 582 12:15 43 21 43 12 156 45 12 41 5 41 137 19 575 12:30 45 30 39 15 150 49 26 33 9 41 137 25 599 12:45 37 22 37 13 156 46 29 49 6 40 158 20 613 13:00 48 32 34 13 155 43 13 31 14 21 114 20 538 13:15 42 23 42 10 168 25 30 31 16 32 132 22 573 13:30 28 21 25 10 175 47 24 27 6 33 166 16 578 13:45 47 24 46 4 172 39 36 31 7 39 120 12 577 14:00 26 25 23 7 166 36 24 31 5 31 153 14 541 14:15 42 18 39 6 225 37 18 24 11 18 169 17 624 14:30 33 20 34 17 190 36 31 37 11 32 169 15 625 14:45 33 15 32 15 214 40 20 40 7 37 234 22 709 15:00 51 23 37 12 244 30 33 47 14 36 192 13 732 15:15 45 14 33 10 205 37 22 45 4 49 198 22 684 15:30 28 19 31 15 264 34 24 36 9 1 37 248 19 764 15:45 42 20 32 14 263 58 31 31 13 46 259 21 830 16:00 45 32 46 9 246 45 39 63 21 33 301 22 902 16:15 29 14 31 12 274 62 21 43 6 32 290 31 845 16:30 62 17 31 6 276 63 35 48 15 27 345 33 958 16:45 68 43 34 6 250 40 29 56 5 50 323 23 927 17:00 58 28 32 14 279 64 30 29 11 48 357 23 973 17:15 82 38 45 8 268 66 24 54 12 43 338 14 992 17:30 64 30 34 4 207 59 15 36 13 39 279 14 794 17:45 58 25 40 6 214 46 19 25 10 38 265 18 764 18:00 55 23 30 10 146 42 20 38 5 32 179 7 587 18:15 59 27 35 4 134 38 26 32 10 28 177 9 579 18:30 46 22 30 6 111 34 13 18 9 34 142 7 472 18A5 46 17 33 5 110 31 14 26 7 23 109 6 427 Total 1851 1059 1435 1 1 480 9501 1872 0 1 1029 1529 449 1 1 1563 10295 978 1 1 32041 Cars+ 1812 1032 1416 1 461 9182 1845 0 998 1500 431 1 1533 9951 949 0 31110 Trucks 39 27 19 0 19 319 27 0 31 29 18 0 30 344 29 1 931 Trucks 2.1 2.5 1.3 0.0 4.0 3.4 1.4 0.0 3.0 1.9 4.0 0.0 1.9 3.3 3.0 100.0 2.0 3.1 2.6 3.1 2.9 316 Location: Highway 55 at Rhode Island Avenue Count Date: 3/16/2022 Counted By: CountCloud TURNING MOVEMENT COUNT DATA All Vehicles A. SEH Rhode Island Ave Highway 55 N/A Highway 55 Southbound Westbound Northbound Eastbound Start Time Left Thru I Right I Peds Left Thru Right Peds Left Thru7 Right Peds Left Thru Right Peds Int. Total 6:00 4 2 68 5 9 70 158 6:15 14 1 105 4 10 98 232 6:30 7 8 121 7 3 143 289 6:45 13 10 146 19 8 174 370 7:00 14 12 158 11 7 184 386 7:15 22 17 209 22 16 249 535 7:30 23 14 227 16 12 358 650 7:45 28 12 293 24 28 424 809 8:00 36 11 240 29 19 384 719 8:15 26 18 294 24 18 287 2 667 8:30 25 24 181 24 14 283 551 8:45 25 24 210 29 24 255 567 9:00 23 16 187 20 20 202 468 9:15 22 21 186 22 13 194 458 9:30 18 18 176 24 13 184 433 9:45 13 13 145 24 21 167 383 10:00 17 26 155 15 11 133 357 10:15 19 13 170 25 23 141 391 10:30 26 19 151 24 14 158 392 10:45 20 20 149 16 18 149 372 11:00 26 22 197 31 13 162 451 11:15 31 25 159 29 23 175 442 11:30 27 33 183 27 14 176 460 11:45 30 23 183 49 26 188 499 12:00 29 33 193 33 14 194 496 12:15 37 32 193 34 18 208 522 12:30 41 37 211 28 16 207 540 12:45 37 36 156 25 20 193 467 13:00 39 33 175 23 13 192 475 13:15 43 37 157 36 17 199 489 13:30 26 27 203 25 9 199 489 13:45 35 31 156 21 21 181 2 445 14:00 33 41 193 27 13 194 501 14:15 18 29 218 27 16 227 535 14:30 49 32 218 23 19 241 3 582 14:45 26 26 250 28 15 238 583 15:00 33 33 262 29 13 258 2 628 15:15 40 20 243 36 14 283 1 636 15:30 33 26 250 17 25 306 1 657 15:45 34 35 279 34 18 336 736 16:00 52 39 305 35 22 379 832 16:15 41 33 317 26 14 405 836 16:30 54 30 303 44 19 449 899 16:45 52 26 349 49 20 486 982 17:00 44 47 331 31 19 472 944 17:15 36 36 327 41 22 461 923 17:30 38 34 229 26 15 389 731 17:45 16 26 234 24 16 338 1 654 18:00 30 27 190 22 15 325 609 18:15 38 16 187 31 19 238 2 529 18:30 37 28 126 25 18 177 411 18A5 17 13 135 8 9 168 350 Total 1517 0 1265 0 1 0 10683 1328 0 1 0 0 0 0 1 846 12881 0 14 1 28520 Cars+ 1490 0 1249 0 0 10267 1306 0 0 0 0 0 838 12514 0 11 27664 Trucks 27 0 16 0 0 416 22 0 0 0 0 0 8 367 0 3 856 Trucks 1.8 0.0 1.3 0.0 0.0 3.9 1.7 0.0 0.0 0.0 0.0 0.0 0.9 2.8 0.0 21.4 1.5 3.6 0.0 2.7 3.0 317 Location: Winnetka Avenue at Harold Avenue Count Date: 3/8/2022 Counted By: CountCloud TURNING MOVEMENT COUNT DATA All Vehicles SEH Winnetka Ave Harold Ave Winnetka Ave Brookview Pkwy Southbound Westbound Northbound Eastbound Start Time Left Thru I Right Peds Left Thru Right Peds Left Thru7 Right Peds Left Thru Right Peds Int. Total 6:00 19 5 24 6:15 11 2 3 9 1 25 6:30 4 22 1 3 13 4 1 48 6:45 2 37 1 1 1 7 1 50 7:00 1 32 2 2 23 1 61 7:15 1 49 1 3 3 25 1 1 83 7:30 5 38 2 4 10 37 96 7:45 7 52 1 4 9 51 4 1 1 130 8:00 7 59 2 6 51 1 126 8:15 7 44 2 1 10 40 1 105 8:30 1 46 4 1 1 10 42 2 1 1 109 8:45 2 40 1 3 5 35 1 87 9:00 6 39 3 4 34 1 2 1 90 9:15 3 36 1 1 1 7 36 1 86 9:30 2 31 3 2 8 1 41 1 1 90 9:45 2 34 5 9 2 39 1 1 92 10:00 1 33 7 2 1 42 3 2 88 10:15 1 28 4 1 6 1 36 1 2 3 1 82 10:30 2 33 3 3 1 36 2 2 1 83 10:45 6 36 1 2 3 35 4 87 11:00 2 41 8 1 1 46 1 1 3 103 11:15 4 44 5 1 7 1 48 5 1 116 11:30 4 42 9 1 1 3 49 109 11:45 3 48 9 1 2 63 2 2 1 1 130 12:00 4 38 7 4 49 1 2 1 106 12:15 4 47 6 1 5 61 1 1 4 2 131 12:30 5 57 5 2 55 1 4 128 12:45 9 35 13 1 7 70 4 1 140 13:00 5 53 6 1 6 1 46 8 126 13:15 2 47 6 5 66 8 134 13:30 6 38 2 5 1 48 1 5 106 13:45 4 36 1 8 60 2 2 113 14:00 4 38 5 3 14 47 3 1 115 14:15 1 56 3 1 1 4 52 1 2 1 122 14:30 1 52 3 1 1 2 70 3 3 5 1 139 14:45 4 49 3 1 7 61 2 2 1 128 15:00 5 36 11 1 11 83 4 1 152 15:15 6 37 2 4 57 1 2 1 110 15:30 4 52 3 3 2 7 66 2 3 142 15:45 5 47 2 5 75 2 136 16:00 5 55 4 10 98 6 178 16:15 7 43 9 1 9 60 6 2 137 16:30 8 39 8 5 13 1 84 5 163 16:45 11 54 7 1 1 12 69 3 1 159 17:00 8 48 7 2 10 68 1 3 147 17:15 8 49 5 1 3 8 71 1 2 147 17:30 6 38 2 2 1 10 48 1 2 1 111 17:45 4 44 3 1 8 46 2 3 111 18:00 3 33 5 8 52 2 1 5 108 18:15 3 31 8 7 59 6 114 18:30 3 31 1 2 4 24 1 6 1 73 18A5 4 23 1 1 3 43 6 1 82 Total 212 2100 212 0 1 52 18 315 0 1 11 2531 46 20 1 134 8 19 0 1 5658 Cars+ 209 2035 210 0 50 18 312 0 7 2467 44 20 132 8 14 0 5506 Trucks 3 65 2 0 2 0 3 0 4 64 2 0 2 0 5 0 152 Trucks 1.4 3.1 0.9 0.0 3.8 0.0 1.0 0.0 36.4 2.5 4.3 0.0 1.5 0.0 26.3 0.0 2.8 1.3 2.7 4.3 2.7 318 GOLDEN VALLEY DOWNTOWN REDEVELOPMENT TRAFFIC STUDY GOLDV 166095 319 w� a a� s��*M s wm 'r' v M ry c ry " v" F E a w � w w m Fm o v a m v m m on o v o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Ig m 0 w Mcuoi uoic a w o C m 0 w- i ------ --- G w � o c s C rM� = c c ov�y: v v oovo v`T r� Y Y j Y Y Y Y j Y Y j Y j WU F O QI T 0 O 3 a _ - 42 co F m E m m k k E m k o a m x Qf Qf 0 0 `o m O Q a � Q Q x y U k O U N Q 320 GOLDEN VALLEY DOWNTOWN REDEVELOPMENT TRAFFIC STUDY GOLDV 166095 321 maw Q ^ a o mfi S x maw "'.r -.2�N E c m Q p w N a rN u c � 01 uoi c roi c H y m y c y y O ¢¢¢¢¢¢¢¢ U m Q Q m m Q Q Q Q Q Q U U Q Q Q Q Q Q Q Q Q Q Q Q Q Q U m W W Q Q Q Q m m W W Q Q Q Q Q Q Q W Q Q Q Q m m y o N c '� cO m " c o N J Q o y M c o ri c N `* N 6 c c M M c co ui c IF ai y r co c o 6 Vr m c o 61.6 6co c o y O Q Q Q Q¢¢ Q Q U Q Q m m Q Q¢¢ Q¢ Q Q Q Q Q Q¢¢ ¢ ¢¢ U m ¢¢ Q m ¢¢¢¢ ¢ m¢¢ ui c c o c c co ui a. M c co c �n o o co c r co cl y m v c m cO 6.6 co c c c c M a. m ry ro m M m m o n co v co r v ry 'c' o c 0 0 m m i m z yw z y w z y w z y w z y w z y w z y w z w� z w w� z co w l z m w� z w a' _ c y 4 ¢ — _ a y 4 > o o o E 01 0' y > O Q 4 o > _ 'n Qx m° .- .- .- a .- a .- o y 4 > Q w U m 00 c a' a' a' z Q — >c m = = = = = oo m o 10 alf Y Z Q Q Q Q Q d O O O O o U x Q moH Head WV 322 maw a o �= m rc ! S x= maw ��M Mom E `o ` m - oo 4 01 p w o N v c c c ry N c m N c a°i . c a uoi c M m d' e 2 N c m cO 8 ii ¢ v o c N o N c m v y - - o y O ¢ ¢ ¢ m ¢ m ¢ ¢ ¢ m ¢ U —L ¢ — — — m — ¢ � m O ¢ ¢ ¢ ¢ ¢ ¢ ¢ ¢ U m ¢ ¢ m U ¢ ¢ ¢ ¢ ¢ ¢ U U ¢ ¢ ¢ ¢ ¢ ¢ ¢ ¢ ¢ ¢ ¢ ¢ ¢ ¢ 0 m W W ¢ ¢ ¢ ¢ m U W ¢ ¢ ¢ ¢ m m ¢ W ¢ ¢ ¢ ¢ m m y o m N c c om w m mcO o c o w. J¢ y M c N c M co c c N ri c co r c o y � m c c M co co c o — c M O ¢ ¢ ¢ ¢ ¢ ¢ ¢ ¢ U U ¢ ¢ m m ¢ ¢ ¢ ¢ ¢ ¢ 0 0 ¢ ¢ ¢ ¢ ¢ ¢ ¢ ¢ ¢ ¢ ¢ U m ¢ ¢ ¢ U ¢ ¢ ¢ m ¢ m ¢ ¢ ui c o c M M c Nci mv c m cl M y p ¢ ¢ ¢ ¢ ¢ ¢ ¢ o o ¢ ¢ m U m m ¢ ¢ ¢ ¢ U o ¢ m ¢ m m m ¢ ¢ ¢ ¢ ¢ W o w ¢ ¢ ¢ ¢ J ui c M m ui c y N M M? co o in v co ro o r v v M c M N y r o v � r m V C N C N V N > H V m r R A V M (° V' [O (f9° V M r N M m m m m m m m m m m m m m m m m m m m m m m m m m m m m m m m m m m m Ei im� i-w W Z (� iw� iz.) W Z w W Z w w Z w W Z w W Z w W Z w W Z (� W Z w W Z w W Z (� Q co y Q Q > G ¢ c o G (n Q c N _ — N = C ul y 4 > o o ` N o c 01 c 0, 5 y O ¢ 4 o > _ 'n ¢ m° a a ° y a > ¢ w U m g c° o o o Z 3 — c o_ m = = = = = c m ° mo o ¢ Y Q > Q Z ¢ d O O O O O I U I �- x a jnoH Head Wd 323 maw Q^R a R R R o _ fio S - x E `o - o Q o w M a ry � 01 M a roi c v H Q d y m y ry y O ¢¢¢¢¢¢¢¢ U m Q Q m m Q Q Q Q Q Q❑ U Q Q Q Q Q Q Q Q Q Q Q Q Q Q U m W m Q Q Q m m W W Q Q Q Q Q Q Q W Q Q Q Q m m c� ry J Q cl y M c o ri c ry N c c M M c c° co c v �n ri co r� co c o w O Q Q Q Q¢ Q Q Q Q Q Q Q Q Q Q ¢ Q Q m Q Q Q Q Q Q Q ¢ ¢ Q Q¢ m Q o m ¢ ¢ Q Q Q Q¢ Q¢ ¢ m Q Q Q Q af ry c 6 6 ci 6 6 c m ui c c c d' > O Q Q Q Q¢¢ Q Q U o Q Q m m Q Q¢¢ Q Q o o Q Q Q Q Q Q¢¢ ¢ ¢¢ U m ¢¢ ¢¢ ¢¢¢¢ ¢ ¢¢¢ co c c o ui a c° ui a. c c c° co c r Mcl o c ry c m y J `T 1" m y v v c° 6 c 'r' 1? v m r m c c o v ui c c' M a. m v o m v m v r Eaf o N ry E 0 ry M m m m m m m m m m m m m m m m m m m m m m m w z y w M z y w M z y w M z y w z y w z y w z y w z w z y w z w �zcnw zmw�zcnw�zcn w�zm a' co y ¢' ¢' > y 4 > o o o c 01 m O y > C7 Q 4 o > m _ 'n Q x m° .- .- .- .- a .- ° y a > Q w U m °O c° c a' a' a' a' a' c > N c o C z Q — >c af Q Y Q Q Q Z Q d O O O O O o H H H H = Q moH Head WV 324 N c � 3 ` C a 0 U W a R � 0 = O D Z a C-4 O C9 N a o �= mfi 6S Zaw S m - � � E `o ` m 4 01 p w ry c c c roi roi c c c ry a°i a u�i a r°'i c u�i H y iw-m-L�2 y m ¢ U ¢ m ¢ m yi2 �c O o cl y N m N � r M M m N 16 1 w O ¢ ¢ ¢ ¢ ¢ ¢ ¢ ¢ U m ¢ ¢ m U ¢ ¢ ¢ ¢ ¢ ¢ U U ¢ ¢ ¢ ¢ ¢ ¢ ¢ ¢ ¢ ¢ ¢ ¢ ¢ ¢ 0 m w w m ¢ ¢ ¢ m m w ¢ ¢ ¢ ¢ ¢ m ¢ w ¢ ¢ ¢ ¢ m oy o O a m L c m ry c ". o c o r� c ry iP m J¢ cl y M c m co c c M N c m a, r ca co m ca d' o ca c o w O ¢ ¢ ¢ ¢ ¢ ¢ ¢ ¢ ¢ ¢ ¢ ¢ ¢ ¢ ¢ ¢ ¢ ¢ ¢ m ¢ ¢ ¢ ¢ ¢ ¢ ¢ ¢ ¢ ¢ ¢ ¢ ¢ ¢ o o ¢ ¢ ¢ ¢ m ¢ ¢ ¢ ¢ U ¢ ¢ ¢ co ai c co c ri u� c m c m M °' c m m o c ry m c vi v v o w v v n v O ¢ ¢ ¢ ¢ ¢ ¢ ¢ ¢ U U ¢ ¢ m m ¢ ¢ ¢ ¢ ¢ ¢ o U ¢ ¢ ¢ ¢ ¢ ¢ ¢ ¢ m ¢ ¢ U m ¢ ¢ m m w ¢ ¢ ¢ m ¢ m ¢ ¢ r � n M cuory o m c y O ¢ ¢ ¢ ¢ ¢ ¢ ¢ o o ¢ ¢ U I. m m ¢ ¢ ¢ ¢ U U ¢ m ¢ m m m ¢ ¢ ¢ ¢ ¢ w w w ¢ ¢ ¢ ¢ ui c M 4 a. m co c N g e m o E af r m o M y co r� 'o' av, m r II uri c N c v `* roi > o E m M 0 m m m m m m m m m m m m m m m m m m m m m m m m m m m m m m m m m m m m m w z w w z y w z w w z w w z w w z w w z w w �zcnw�zmw�zmw�zcnw�zmw�zcnw�zcnw�zm a' N m o m o c 01 0, O y > C7 > 4 m° af m ° � y a > ¢ w U m gaf IS .- N N af N � N N oo > c o z 3 — c c m ° m ¢ Y Q Q Q Z ¢ d O O O O O U x a jnoH Head Wd 325 a Q^R a R R o _ fio S x maw E o ° m 4 01 p w r� c N c m o c x o- d y m O Q¢ Q Q Q Q Q Q U m Q Q m m Q Q Q Q Q Q U U Q m Q Q Q Q Q Q Q Q Q Q Q Q m W W m Q Q Q m m W Q Q Q Q m Q Q W Q Q Q Q m � y o m mm e m w° c c co co o c w co ry m c ry r c o y co ry c O Q¢ Q Q Q Q Q Q U 0 Q Q m m Q Q Q Q Q Q 0 0 Q m Q Q Q Q Q Q ¢ Q Q U m ¢¢cO Q m m Q Q Q m ¢ m Q Q ui c a r° y O ¢ ¢ ¢ ¢ ¢ ¢ ¢ o o ¢ ¢ U U m ¢ ¢ ¢ ¢ ¢ o o ¢ ¢ ¢ ¢ ¢ m ¢ ¢ ¢ ¢ ¢ W w ¢ ¢ ¢ ry c o a. v co c N ai c.. c co m mN v r E 0 0 m m m m m m m m m m m m m m m m m m m m m w z y w z y w z y w z w w z y w z y w z w w3: z w w � z w w � z w w �zcnw zmw3:zcnw3:zcn zm a' y 4 > o o `= o c m m y j O 4 4 m° a ° y a > w lo p m o c Z ¢ — C o m = = = = = o o m ° 10 a > Q Y Q Q Q Q d O O O O O U _ Q moH Head WV 326 a� >� a o _ fi S x= maw om �� E c°r'v'O - o o w c° `* o ry �oc� � O w H o y p m U ¢ m ¢ m p 01 cl y co w O ¢ Q¢¢¢¢¢¢ U m Q Q m U Q m Q Q Q Q U U Q m Q Q Q m Q Q Q Q Q Q Q Q 0 m W W m Q Q Q m m m Q Q Q m m Q W Q Q Q Q m m y o cl y 6 6 6 6 6 co w O ¢ Q ¢ ¢ ¢ ¢ Q m ¢ ¢ ¢ m ¢ ¢ ¢ ¢ ¢ ¢ ¢ U ¢ ¢ ¢ ¢ ¢ ¢ ¢ Q ¢ ¢ ¢ Q m ¢ o o Q ¢ ¢ ¢ m ¢ m ¢ ¢ ¢ Q U ¢ ¢ ¢ af . c ry r c ri c c �n N c c m ri c c c co c c O ¢ Q ¢ ¢ ¢ ¢ ¢ ¢ U U ¢ ¢ U m ¢ m ¢ ¢ ¢ ¢ o o ¢ m ¢ ¢ ¢ ¢ ¢ ¢ m Q ¢ o m ¢ Q ¢ m m W ¢ ¢ ¢ m ¢ m ¢ ¢ = N c ry cl y O ¢ Q¢¢ ¢¢¢ U o¢¢ U o m m¢¢¢¢ U U m m¢ m m m Q ¢¢¢ ¢ W w ¢ m¢¢ 1� cory c v �n N Q r r `r r M y cam° v m m m v r o r r o r ry c r 2 2 E v �n r `* r� ' uri c v v o M c � v c M E. m v m � c or o ry a' w Z w w m Z y w m Z y w m Z y w m Z y w m � m m z m m m w m m z m m m w� m m z m m m w� m m z w m m w� m m z m m m w m m z U m m w� m m z w m m w3: m m z U m m w3: m m m z U w3: m m m z m c ¢ _cs y 4 > o o o c 01 m O y O Q 4 o a _ Q m° a y a a w .yam- m m m m m > s z.o - lo .- o o 3 o ° m Q Y Q Q Q Q d O O o O loo loo I_ a jnoH Head Wd 327 maw a o mfi S x E `o - o o w v H y m O 01 m� N a m y O ¢¢¢¢¢¢¢¢ U m Q Q m m Q Q Q Q Q Q U U Q m Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q m m W Q Q Q Q m Q Q W Q Q Q Q m m IN y af IN ui c ry c r� r? m c r ui v � v v ci c o O ¢¢¢¢¢¢ Q Q U Q Q m m Q Q Q Q Q Q¢ m Q Q Q Q¢¢ ¢ ¢¢ U m ¢¢ ¢ m m ¢¢¢ m ¢ ¢¢¢ co c �n cl y O ¢ ¢ ¢ ¢ ¢ ¢ ¢ o o ¢ ¢ m U m m ¢ ¢ ¢ ¢ o o ¢ ¢ ¢ ¢ ¢ m ¢ ¢ ¢ ¢ ¢ w w ¢ ¢ ¢ �i c ui a. v m ui c M o m N o EafQ o M m a. M v o c° a N c m m v m v m e uri m m E c ry 2 N v o m 7" odO 0 m m m m m m m m m m m m m m m m m m m m m m m m m m m m m m m m m W Z Z y W Z y w Z w W3: Z w W Z w W3: Z w W Z w W3: Z w W3: Z w W Z w Q y Q Q > N y Q > O c o C c Oi 5 y > C: Q Q o > _ 'n Q x m° .- .- .- .- a .- ° y a > Q w U m °O c° .- c N a' N a' N a' N a' N a' > c Z Q — >c m = = = = = _ °o m ° o Q Y Q Q Q Z Q d O O O O O o H H H H = Q moH Head WV 328 a _ fio S x= E c m - oo 4 01 p w m e N c or' uoi c u�i m c c ry c �n c o ry cmo c o o� cf9° c`ro i° a2 o m m o m v c o o 0 o v � o m H J 4 01 N a u� 'r° c m- `o m I` c coo v c c o c coo y ¢ ¢ m ¢ m ¢ ¢ ¢ p m U ¢ m ¢ m y c a y O ¢ Q¢¢¢¢¢¢ U m Q Q m U Q Q Q Q Q U U Q m Q Q Q m Q Q Q Q Q Q Q Q m W W m Q Q Q m m W Q Q Q Q Q m Q W m Q Q Q m m r W W 0 p c y I.- O V' w � c 6� y c w r� c c m c N c c —cr ri c c c co v v c m O ¢ Q¢¢¢¢¢¢ U U Q Q U m Q m Q Q Q Q U o Q m Q Q Q Q¢¢ ¢ ¢¢ o m ¢¢ ¢ m m w Q Q¢ m ¢ ¢¢¢ r m v v m v co r c M c r cO co co c c cl y p ¢ ¢ ¢ ¢ ¢ ¢ ¢ o o ¢ ¢ m o m m ¢ ¢ ¢ ¢ U U m m m m m m ¢ ¢ ¢ ¢ ¢ W w m ¢ ¢ ¢ a: ro ai co co co v m m v r� c co m m ry v m uri c v E ry m m m m m m m mL"ZWMMM mmmmmmm W Z w W Z w W Z w W Z (� iw� Z y W Z W W Z (� W Z (� W Z (� W Z (� W Z (� W Z (� W Z (� W Z (� Q y Q Q > -M = c ul y Q >o o O c O C C Ot y Q Q o > _ Q m° � a o af y a <m z g o o 3_ — lo Y Q Q Q Q Q d O O O O O co) F= x a inoH Head Wd 329 IHCS General Information All -Way Stop Control Report Site Information dh Analyst Justin Anibas Intersection Golden Valley/Wisconsin Agency/Co. SEH Jurisdiction Golden Valley Date Performed 9/28/2022 East/West Street Golden Valley Rd Analysis Year 2042 North/South Street Wisconsin Ave Analysis Time Period (hrs) 0.25 Peak Hour Factor 0.83 Time Analyzed AM Build Project Description Golden Valley Downtown Study Lanes It ty'T Vehicle Volume and Adjustments Approach Eastbound Westbound Northbound Southbound Movement L T R L T R L T R L T R Volume 18 89 0 34 63 16 10 87 41 25 28 13 % Thrus in Shared Lane Lane L1 L2 L3 L1 L2 L3 L1 L2 L3 L1 L2 L3 Configuration L TR L TR LTR LTR Flow Rate, v (veh/h) 22 107 41 95 166 80 Percent Heavy Vehicles 0 3 0 3 1 8 Departure Headway and Service Time Initial Departure Headway, hd (s) 3.20 3.20 3.20 3.20 3.20 3.20 Initial Degree of Utilization, x 0.019 0.095 0.036 0.085 0.148 0.071 Final Departure Headway, hd (s) 5.76 5.31 5.75 5.16 4.53 4.87 Final Degree of Utilization, x 0.035 0.158 0.065 0.136 0.209 0.108 Move -Up Time, m (s) 2.3 2.3 2.3 2.3 2.0 2.0 Service Time, is (s) 3.46 3.01 3.45 2.86 2.53 2.87 Capacity, Delay and Level of Service Flow Rate, v (veh/h) 22 107 41 95 166 80 Capacity 625 678 626 698 795 739 95% Queue Length, Q95 (veh) 0.1 0.6 0.2 0.5 0.8 0.4 Control Delay (s/veh) 8.7 9.0 8.9 8.7 8.7 8.5 Level of Service, LOS A A A A A A Approach Delay (s/veh) 8.9 8.7 8.7 8.5 Approach LOS A A A A Intersection Delay, s/veh I LOS 8.7 A 330 IHCS General Information All -Way Stop Control Report Site Information dh Analyst Justin Anibas Intersection Golden Valley/Wisconsin Agency/Co. SEH Jurisdiction Golden Valley Date Performed 9/28/2022 East/West Street Golden Valley Rd Analysis Year 2042 North/South Street Wisconsin Ave Analysis Time Period (hrs) 0.25 Peak Hour Factor 0.89 Time Analyzed PM Build Project Description Golden Valley Downtown Study Lanes It ty'T Vehicle Volume and Adjustments Approach Eastbound Westbound Northbound Southbound Movement L T R L T R L T R L T R Volume 17 165 13 41 118 21 8 66 99 40 61 18 % Thrus in Shared Lane Lane L1 L2 L3 L1 L2 L3 L1 L2 L3 L1 L2 L3 Configuration L TR L TR LTR LTR Flow Rate, v (veh/h) 19 200 46 156 194 134 Percent Heavy Vehicles 0 2 2 1 2 2 Departure Headway and Service Time Initial Departure Headway, hd (s) 3.20 3.20 3.20 3.20 3.20 3.20 Initial Degree of Utilization, x 0.017 0.178 0.041 0.139 0.173 0.119 Final Departure Headway, hd (s) 6.14 5.61 6.19 5.56 4.91 5.30 Final Degree of Utilization, x 0.033 0.312 0.079 0.241 0.265 0.197 Move -Up Time, m (s) 2.3 2.3 2.3 2.3 2.0 2.0 Service Time, is (s) 3.84 3.31 3.89 3.26 2.91 3.30 Capacity, Delay and Level of Service Flow Rate, v (veh/h) 19 200 46 156 194 134 Capacity 587 641 582 647 733 679 95% Queue Length, Q95 (veh) 0.1 1.3 0.3 0.9 1.1 0.7 Control Delay (s/veh) 9.0 10.8 9.4 10.0 9.7 9.6 Level of Service, LOS A B A B A A Approach Delay (s/veh) 10.7 9.9 9.7 9.6 Approach LOS B A A A Intersection Delay, s/veh I LOS 10.0 B 331 HCS Roundabouts Repo General Information Site Information Analyst Justin Anibas Intersection Golden Valley/Wisconsin Agency or Co. SEH E/W Street Name Golden Valley Rd Date Performed 5/27/2022 N/S Street Name Wisconsin Ave Analysis Year 2042 qu Analysis Time Period, hrs 0.25 Time Analyzed AM Build Peak Hour Factor 0.83 Project Description Golden Valley Rd/Wisconsin... Jurisdiction Golden Valley Volume Adjustments and Site Characteristics Approach EB WB NB SB Movement U L T R U L T R U L T R U L T R Number of Lanes (N) 0 0 1 0 0 0 1 0 0 0 1 0 0 0 1 0 Lane Assignment LTR LTR LTR LTR Volume (V), veh/h 0 18 89 2 0 34 63 16 0 10 87 41 0 25 28 13 Percent Heavy Vehicles, % 2 0 3 0 2 0 0 13 2 0 1 0 2 0 0 38 Flow Rate (VPCE), pc/h 0 22 110 2 0 41 76 22 0 12 r106 49 0 30 34 22 Right -Turn Bypass None None None None Conflicting Lanes 1 1 1 1 Pedestrians Crossing, p/h 0 0 0 0 Proportion of CAVs 0 Critical and Follow -Up Headway Adjustment Approach EB WB NB SB Lane Left Right Bypass Left Right Bypass Left Right Bypass Left Right Bypass Critical Headway, s 4.9763 4.9763 4.9763 4.9763 Follow -Up Headway, s 2.6087 2.6087 2.6087 2.6087 Flow Computations, Capacity and v/c Ratios Approach EB WB NB SB Lane Left Right Bypass Left Right Bypass Left Right Bypass Left Right Bypass Entry Flow (w), pc/h 134 139 167 86 Entry Volume, veh/h 131 136 166 80 Circulating Flow (ve), pc/h 105 140 162 129 Exiting Flow (vex), pc/h 189 110 150 77 Capacity (cPee), pc/h 1240 1196 1170 1210 Capacity (c), veh/h 1210 1175 1162 1125 v/c Ratio (x) 0.11 0.12 0.14 0.07 Delay and Level of Service Approach EB WB NB SB Lane Left Right Bypass Left Right Bypass Left Right Bypass Left Right Bypass Lane Control Delay (d), s/veh 3.9 4.0 4.3 3.8 Lane LOS A A A A 95% Queue, veh 0.4 0.4 0.5 0.2 Approach Delay, s/veh 3.9 4.0 4.3 3.8 Approach LOS A A A A Intersection Delay, s/veh I LOS 4.1 A 332 HCS Roundabouts Repo General Information Site Information Analyst Justin Anibas Intersection Golden Valley/Wisconsin Agency or Co. SEH E/W Street Name Golden Valley Rd Date Performed 5/27/2022 N/S Street Name Wisconsin Ave Analysis Year 2042 qu Analysis Time Period, hrs 0.25 Time Analyzed PM Build Peak Hour Factor 0.89 Project Description Golden Valley Rd/Wisconsin... Jurisdiction Golden Valley Volume Adjustments and Site Characteristics Approach EB WB NB SB Movement U L T R U L T R U L T R U L T R Number of Lanes (N) 0 0 1 0 0 0 1 0 0 0 1 0 0 0 1 0 Lane Assignment LTR LTR LTR LTR Volume (V), veh/h 0 17 165 13 0 41 118 21 0 8 66 99 0 40 61 18 Percent Heavy Vehicles, % 2 0 2 0 2 2 1 0 2 13 2 1 2 3 2 0 Flow Rate (VPCE), pc/h 0 19 189 15 0 47 F134 24 0 10 r76 112 0 46 70 20 Right -Turn Bypass None None None None Conflicting Lanes 1 1 1 1 Pedestrians Crossing, p/h 0 0 0 0 Proportion of CAVs 0 Critical and Follow -Up Headway Adjustment Approach EB WB NB SB Lane Left Right Bypass Left Right Bypass Left Right Bypass Left Right Bypass Critical Headway, s 4.9763 4.9763 4.9763 4.9763 Follow -Up Headway, s 2.6087 2.6087 2.6087 2.6087 Flow Computations, Capacity and v/c Ratios Approach EB WB NB SB Lane Left Right Bypass Left Right Bypass Left Right Bypass Left Right Bypass Entry Flow (w), pc/h 223 205 198 136 Entry Volume, veh/h 219 203 194 133 Circulating Flow (ve), pc/h 163 105 254 191 Exiting Flow (vex), pc/h 347 164 119 132 Capacity (cPee), pc/h 1169 1240 1065 1136 Capacity (c), veh/h 1149 1226 1045 1113 v/c Ratio (x) 0.19 0.17 0.19 0.12 Delay and Level of Service Approach EB WB NB SB Lane Left Right Bypass Left Right Bypass Left Right Bypass Left Right Bypass Lane Control Delay (d), s/veh 4.8 4.3 5.2 4.3 Lane LOS A A A A 95% Queue, veh 0.7 0.6 0.7 0.4 Approach Delay, s/veh 4.8 4.3 5.2 4.3 Approach LOS A A A A Intersection Delay, s/veh I LOS 4.7 A 333 Appendix D FHWA's Guide for Improving Pedestrian Safety at Uncontrolled Crossing Locations (Treatment Matrix) `I."� �, �R r�°•R7"I: r'I�, � `iX " a .� I,.� � i �. ,"Y`d� 1 ''�i � " PDslcd Speed Limit and AADT *hlele D1 -c9.000 ven!68 AaLtl 9,020-16,01-10 �i?Micre AAD f 1 SAID ,�q �J Roadwn? 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'.i•:-, ,. .�,, •, " ,. ...:� �._..�e.,e_, ,,; •M,w�."�.�:�a�r�pmA�I4M9plyF,�� s.�*� W�.�....,,,. ..• ., ._.. ._. ... .•• .,.. ., ._, .,•„ cam°. 335 Building a Better World for All of K Sustainable buildings, sound infrastructure, safe transportation systems, clean water, renewable energy and a balanced environment. Building a Better World for All of Us communicates a company -wide commitment to act in the best interests of our clients and the world around us. We're confident in our ability to balance these requirements. JOIN OUR SOCIAL COMMUNITIES 0000 pity °f l[JTIVE SUMMARY golden 'W Val Physical Development 763-512-2345 / 763-512-2344 (fax) Golden Valley City Council Meeting December 20, 2022 Agenda Item 4A. Public Hearing on Proposed Improvements for the 2023 Pavement Management Program, Project #23-01, Resolution No. 22-124 Prepared By RJ Kakach, Assistant City Engineer Jeff Oliver, City Engineer Summary At the September 9, 2021 Council meeting, the City Council directed staff to prepare a feasibility report for the 2023 Pavement Management Program (PMP). The proposed project included rehabilitation of 1.27 miles of local streets. The streets included in the project are shown on the attached project location map. The feasibility report for this project was prepared by the consulting engineering firm of Short Elliott Hendrickson, Inc., (SEH). The feasibility report outlines a project that includes reconstruction of the subject streets, replaces and repairs the majority of the aging sanitary sewer and water systems, storm drainage improvements, and stormwater treatment of runoff from the project area. The estimated total project costs are as follows: • 2023 PMP = $7,350,000 The estimated costs include all street rehabilitation, sanitary sewer and water main repair and replacement, and storm sewer construction, and stormwater treatment basin construction. An estimated 25% of the construction costs have been included for indirect project costs, which includes project design, staking, construction observation administration, and legal expenses. A preliminary special assessment rate of $10,500 per unit and $135/1-F for Other Zonings in the project area represents approximately 20% of the estimated street construction costs. Minnesota Statutes, Chapter 429 requires that when special assessments are used to finance projects, a minimum of 20% of the project cost must be specially assessed. Therefore, because special assessments are being used to finance a portion of the street reconstruction costs, the assessments must be a minimum 20% of that cost. The project costs associated with sanitary sewer, watermain and storm sewer are financed from dedicated funds, and special assessments are not utilized for funding for these separate categories. The final special assessment rate will be calculated following the opening of construction bids and will be based on actual costs. The estimated special assessments are consistent with the City of Golden Valley Special Assessment Policy. Optional assessments to properties for private driveway 337 reconstruction or sanitary sewer services rehabilitation are not included. Following Council authorization of the 2023 Pavement Management Project, the anticipated project schedule is as follows: • January 31, 2023 - Open Bids for 2023 PMP • March 7, 2023 - Award Contract 2023 PMP • March 7, 2023 - Public Hearing for Special Assessments • May 2023 - Begin Construction 2023 PMP • November 2023 - Project Completion 2023 PMP Financial or Budget Considerations The proposed financing is as follows: Sewer and Water Reserve Fund $ 1,300,000 Storm Sewer Improvement Fund $ 1,050,000 Street Improvement $ 5,000,000 Total Project Funding $ 7,350,000 These financing sources are consistent with the City's 2023 Capital Improvement Plan. The special assessments for this will be used to reimburse the Street Improvement Fund. Legal Considerations The public hearing process and advertisement for bids process has been reviewed by the City Attorney for compliance with all applicable State Statutes. Equity Considerations The purpose of the Pavement Management Program is to provide high quality, cost effective streets in Golden Valley. Full street reconstruction has occurred in nearly every neighborhood since 1995, and by the end of 2024, all neighborhoods will have been fully reconstructed. Recommended Action Motion to adopt Resolution No. 22-124 accepting Feasibility Report, approve plans and specifications, order construction, and authorize bidding of Certain Proposed Public Improvements for 2023 PMP. Supporting Documents • Project Location Map • 2023 PMP Feasibility Report 12-08-2022 • Resolution No. 22-124 - 2023 PMP #23-01 • GV 2023 PMP Plans 12-09-2022 • GV 2023 PMP Project Manual 12-09-2022 338 CIP Streets 2023, 1.27 miles local to LO DC ..................................... e z > :L] L o [� ?3rd .............. ............................. . . . z egg z > city Of Print Date 812512021 Sources -Hennepin County Surveyors Office for golden Property Lines (2020) & Aerial Photography (2018). 23 PMP City of Golden Valley for all other layers. valley 20-City 125 250 500 Fe 10 .J %Jw city ldof go vall� -�k. SEH Building a Better World for All of Us® Engineers I Architects I Planners I Scientists 340 Feasibility Report 2023 Pavement Management Program City of Golden Valley, Minnesota City No. 23-01 SEH No. GOLDV 163344 December 8, 2022 I hereby certify that this report was prepared by me or under my direct supervision, and that I am a duly Licensed Professional Engineer under the laws of the State of Minnesota. W Stephen R. Prall, PE Date: December 8, 2022 License No.: 46603 Reviewed By: Scott D. Haupt, PE Date: December 8, 2022 Short Elliott Hendrickson Inc. 3535 Vadnais Center Drive St. Paul, MN 55110-3507 651.490.2000 -�k' SEH 341 TABLE OF CONTENTS Page INTRODUCTION.............................................................................................................1 PROJECT LEGAL DESCRIPTION.................................................................................1 EXISTING CONDITIONS................................................................................................2 SanitarySewer..........................................................................................................................2 Inflowand Infiltration.............................................................................................................................................2 SewerMains......................................................................................................................................................... 2 SanitarySewer Services......................................................................................................................................3 WaterMain................................................................................................................................3 StormwaterDrainage................................................................................................................3 Streets....................................................................................................................................... 4 ExistingStreet Widths..........................................................................................................................................4 PavementSections...............................................................................................................................................4 SubgradeConditions............................................................................................................................................5 ConcreteCurb and Gutter....................................................................................................................................6 PedestrianFacilities.............................................................................................................................................6 PROPOSED IMPROVEMENTS......................................................................................6 PublicParticipation...............................................................................................................................................6 Sanitary Sewer and Water Main...............................................................................................7 SanitarySewer Rehabilitation..............................................................................................................................7 Sanitary Sewer Service Rehabilitation..................................................................................................................7 WaterMain Rehabilitation....................................................................................................................................8 Stormwater Management..........................................................................................................8 Additional Water Quality Measures....................................................................................................................11 Streets.....................................................................................................................................11 StreetWidths......................................................................................................................................................11 SubgradeCorrections.........................................................................................................................................12 ConcreteCurb and Gutter..................................................................................................................................12 Intersection and Curve Improvements................................................................................................................12 PedestrianFacilities...........................................................................................................................................13 StreetLighting....................................................................................................................................................13 Tree and Landscape Impacts.............................................................................................................................13 Driveway Reconstruction Program.....................................................................................................................13 ESTIMATED COSTS AND PROJECT FINANCING.....................................................14 EstimatedProject Costs..........................................................................................................14 Sewerand Water Costs......................................................................................................................................14 StormDrainage Costs........................................................................................................................................14 Street Reconstruction Costs...............................................................................................................................14 TotalProject Costs.............................................................................................................................................15 Proposed Project Financing....................................................................................................15 SpecialAssessments.........................................................................................................................................15 Sewer and Water Reserve Fund........................................................................................................................16 Storm Sewer Improvement Fund........................................................................................................................16 StreetImprovement Funds.................................................................................................................................16 FinancingSummary............................................................................................................................................16 SUMMARY AND RECOMMENDATIONS.....................................................................16 342 LIST OF EXHIBITS Exhibit 1 Project Location Map Exhibit 2A — 2F Proposed Project Layouts Exhibit 3 Existing Street Widths Exhibit 4 Proposed Street Widths Exhibit 5 Subcut Depths / Soil Boring Locations Exhibit 6 Pedestrian Routes Exhibit 7 Sanitary Sewer Defects Exhibit 8 Watermain Breaks APPENDIX A Summary of Residential Comments APPENDIX B Preliminary Assessment Roll 343 INTRODUCTION At the September 9, 2021 Council Meeting, the Golden Valley City Council authorized preparation of a feasibility report for the rehabilitation of streets for the 2023 Pavement Management Program (PMP). The proposed project includes reconstruction of approximately 1.27 miles of residential streets located in the northwest corner of the City. Streets in the 2023 PMP area are bounded by Wisconsin Avenue North on the west, Winnetka Avenue North (County State Aid Highway (CSAH) 156) on the east, 23rd Avenue North on the south, and Medicine Lake Road (CSAH 70) on the north. The proposed streets are shown on Exhibit 1: Project Location Map. This feasibility report will discuss the existing conditions of the streets, sanitary sewer, water main, and storm sewer within the project area. In addition, the report will discuss the proposed project design, estimated project costs, and the proposed financing, including a preliminary special assessment roll. PROJECT LEGAL DESCRIPTION The proposed project includes: All properties in the NE % of the NE % of Section 30, Township 118 North, Range 21 West; within the City of Golden Valley, Hennepin County, Minnesota, that are adjacent to the following streets.- 0 23rd Avenue North: Xylon Avenue North to Winnetka Avenue North • Wynnwood Road: Valders Avenue North to Orkla Drive • 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 Properties in the SE % of the NE % of Section 30, Township 118 North, Range 21 West; within the City of Golden Valley, Hennepin County, Minnesota, that are adjacent to the following streets.- 0 23rd Avenue North: Xylon Avenue North to Winnetka Avenue North 344 EXISTING CONDITIONS Sanitary Sewer Inflow and Infiltration The Metropolitan Council Environmental Services (MCES) provides wastewater treatment and interceptor collection services for the Twin Cities metropolitan area. The MCES has undertaken a major effort to eliminate excess peak flows in its system that exceeds the capacity of the collection and treatment facilities. These excess flows can and do result in overflows of raw sewage into the Mississippi River. Inflow and Infiltration (1/1) is defined as clear water that is either directly discharged (inflow) or indirectly discharged (infiltration) into the sanitary sewer system. Among the most common sources are improperly connected sump pumps or foundation drains discharging into the sanitary sewer and the infiltration of ground water through defects in sanitary sewer mains, services, and manholes. The City of Golden Valley is one of many cities within the MCES sanitary sewer district that have been notified of excess peak sanitary sewer flows being generated by their community. An Inflow and Infiltration (1/1) mitigation program has been implemented to take steps towards decreasing the peak flows associated with clear water entering the sanitary sewer and contributing to these excess peak flows. The peak flows in Golden Valley typically follow heavy rainfall events, indicating that improper connections to the sewer system may be present, and that sewers may be allowing ground water and surface water into the system through cracked pipes, leaking manholes, and substandard castings. The proposed project area is located within the portion of the City that has excessive volume of inflow and infiltration following rainfall events and high groundwater conditions. Sewer Mains The existing sanitary sewer system within the project area is comprised of local lateral sewers and one portion of trunk sewer main that were constructed in the late 1950's when sanitary sewer was first available in the City. The sanitary sewer mains are constructed with nine -inch diameter clay pipes in the project area, except for the easternmost 300 linear foot segment on 23rd Avenue North, which is comprised of eight -inch cast iron pipe (CIP). A Closed Circuit Television (CCTV) inspection was performed on all the City's sanitary sewer mains within the project area as part of the preliminary project design. This inspection was intended to locate the extent and severity of the defects to the sanitary sewer system to determine if repairs are needed as part of the street reconstruction project. The television inspection has identified 2 345 distresses within the City system that are consistent with the age and pipe material. These defects include mineral deposits, cracked pipes, root intrusion, noticeable infiltration, and offset joints. These defects are typical sources of groundwater infiltration into the sewer system. The extent of these defects is typical compared to the defects encountered in previous residential street reconstruction projects containing clay pipes. Based upon these CCTV results, the sanitary sewer mains throughout the entire project area will require structural lining as discussed in the "Proposed Improvements" section of this report. There was also a pipe sag identified along the easternmost portion of sanitary sewer along 23rd Avenue North that will require repair. The existing sanitary sewer defects are illustrated on Exhibit 7. Sanitary Sewer Services As part of its 1/1 Reduction Program, the City is offering the residents within this project area an opportunity to have a CCTV inspection performed on the sanitary sewer service to their home. Property owners on the 2023 PMP will not be charged for this voluntary inspection during the project, which is identical to the Point of Sale Inspections required by City Code. The intent of this inspection is to identify 1/1 issues present in the private sanitary sewer services and allow property owners to make informed decisions regarding rehabilitation of the service lines, including voluntary participation in the repair program offered as part of the PMP project. This sewer service repair program will be discussed in more detail later in this report. Water Main The majority of the existing water main system within the project area consists of lateral mains that were installed during the early 1960's. All existing mains in the project area are 6-inch diameter cast iron pipe (CIP), except for 23rd Avenue North which has 12-inch CIP. These mains are located within the existing City owned street rights -of -way. A review of water main maintenance records within the project area indicates a history of water main breaks and maintenance issues consistent with other water mains of the same age and material. Refer to Exhibit 8: Watermain Breaks for a map showing the location of historical breaks in the project area. In addition, leaky, inoperable gate valves have been discovered throughout the project area. Stormwater Drainage The entire 2023 PMP project area is part of the Bassett Creek Watershed, which is contained within the Bassett Creek Main Stem (Upstream) subwatershed. Catch basins at the intersection of Bies Drive and Jonellen Lane collect stormwater from contributing drainage along Bies Drive, Jonellen Lane, and Valders Avenue North (north of Jonellen Lane). Stormwater flows south in concrete pipes along Bies Drive to a storm trunk line at the intersection of Bies Drive and Wynnwood Road. 346 Catch basins at the intersection of Bies Drive and Wynnwood Road collect stormwater from contributing drainage along Wisconsin Avenue North, Orkla Drive, Wynnwood Road, and Bies Drive. Stormwater flows in a storm trunk line from this intersection east along Wynnwood Road and then south along Valders Avenue North to another storm trunk line at the intersection of Valders Avenue North and 23rd Avenue North. Catch basins at the intersection of 23rd Avenue North and Wisconsin Avenue North collect stormwater from contributing drainage along 23rd Avenue North and Wisconsin Avenue North. Stormwater flows east in concrete pipes along 23rd Avenue North to Orkla Drive. Catch basins at the intersection of 23rd Avenue North and Orkla Drive collect stormwater from contributing drainage along 23rd Avenue North and Orkla Drive. Stormwater flows east in concrete pipes along 23rd Avenue North to a storm trunk line at the intersection of 23rd Avenue North and Valders Avenue North. Catch basins at the two intersections of 23rd Avenue North and Valders Avenue North (south of 23rd Avenue North and north of 23rd Avenue North) collect stormwater from contributing drainage along 23rd Avenue North and Valders Avenue North. Stormwater flows in the storm trunk line east along 23rd Avenue North to a storm trunk line that crosses Winnetka Avenue North. Catch basins at the intersection of Orkla Drive and Medicine Lake Road collect stormwater from contributing drainage areas on Bies Drive, 25th Avenue North, and Orkla Drive. Stormwater flows in a storm trunk line east along Medicine Lake Road. The discharge point of trunk storm sewer systems conveying discharge from the project site is the Decola Ponds, and ultimately into the main stem of Bassett Creek. Streets The streets within the proposed project area are local bituminous streets that were originally constructed as development occurred. The original dates of construction throughout the project area generally occurred throughout the 1950's and 1960's. Existing Street Widths Typical street widths for most streets in the project area are 29 feet. Street widths are typically measured from face of curb to face of curb. If no curb exists, street widths are measured from edge of pavement to edge of pavement. Street widths can vary depending upon the location on any given roadway. Refer to Exhibit 3: Existing Street Widths for the typical street width for each street in the project area. Pavement Sections All the streets within the proposed project area have existing bituminous pavement over a minimal amount of gravel base. Soil boring locations are shown on Exhibit 5: Proposed Subcut Depths/Soil Boring Locations, and the 347 chart below shows the existing and variable pavement and gravel depths at the boring locations. Bituminous Pavement Depth Apparent Gravel Soil Boring # Location (inches) Depth (inches) 23-1 Orkla Drive 3.5 12 23-2 251" Avenue N 4 9 23-3 Wisconsin Ave N/ 241" Ave N 2.75 14 23-4 Bies Drive/Jonellen Lane 3.25 3 23-5 Valders Ave N (north of Jonellen 4.5 0 Lane) 23-6 Jonellen Lane 4 11 23-7 Orkla Drive 4.25 0 23-8 Wynnwood Road/Bies Drive 3.75 8.5 23-9 Wisconsin Avenue N 5 7.5 23-10 23rd Ave N/ Wisconsin Ave N 3.5 8 23-11 23rd Ave N/ Valders Ave N 6.5 6 As part of the preliminary design for the proposed project, a series of eleven soil borings were taken to determine the suitability of the existing subgrade materials for street construction. These soil borings were also the source of the pavement and gravel thickness information provided above. Two additional borings were taken for design of the filtration basin and for the sanitary sewer replacement design (along the eastern portion of 23rd Avenue North) at the southwest quadrant of the 23rd Avenue North/Winnetka Avenue North intersection. Refer to Exhibit 5: Subcut Depths/Soil Boring Locations for locations of soil borings. Properly constructed streets are built with a base course of fill beneath the pavement usually made up of granular (gravel) material. This base course layer is considered to be part of the pavement section. Not all soil borings taken in this project area encountered a base course layer. When encountered, some of the soil boring locations lacked the base course thickness that is required to meet today's requirements for pavement base. The pavement distresses present within the project area are consistent with the age of the streets. Common pavement distresses include longitudinal and transverse cracking, alligator cracking, edge cracking, and patching. Patching is frequently used to cover severe distresses such as alligator cracking and is therefore indicative of poor pavement quality. Subgrade Conditions The soil borings indicate that the subgrade soils (soils beneath the base course or subbase) in the project area are fill soils overlying glacial till soils typically classified as clayey sand. In addition, Borings 23-2, 23-3, 23-5, and 23-9 encountered alluvium. Alluvium was comprised of predominately silts and clays and generally exhibited notably higher moisture contents than the glacial till. 348 Concrete Curb and Gutter The project area contains areas of existing concrete curb and gutter and rolled bituminous curb. The bituminous curb was typically constructed by placing extra asphalt off the edge of the paver when the streets were originally built. Pedestrian Facilities Pedestrian facilities within the project limits are existing concrete sidewalk along the south side of Medicine Lake Road and existing concrete sidewalk along the west and east sides of Winnetka Avenue North. Refer to Exhibit 6: Pedestrian Routes for locations of existing pedestrian facilities within the project area. Street Lighting No City -owned street lighting facilities exist within the project area. Xcel Energy - owned wooden poles with cobra -head light fixtures are present at the following intersections: northeast quadrant of Wynnwood Road/Bies Drive, southwest quadrant of Wynnwood Road/Orkla Drive, southwest quadrant of Orkla Drive/ Wisconsin Avenue North, southeast quadrant of Orkla Drive/25th Avenue North, southwest quadrant of Orkla Drive/Medicine Lake Road, northeast quadrant of Bies Drive/Jonellen Lane, and southeast quadrant of Bies Drive/25th Avenue North. PROPOSEDIMPROVEMENTS This portion of the feasibility report will focus on the proposed design of the project. The estimated project costs and project financing will be discussed later in this report. Public Participation As part of the public engagement process for the 2023 Pavement Management Program, two project open houses were held. The first open house was held in February 2022 and the second was held in October 2022. The open houses provided residents with project information and a forum to express concerns and ask questions regarding the proposed project. Residents were able to view the preliminary project design, including anticipated impacts to landscaping, trees, and driveways. Information regarding the Driveway Reconstruction Program and the Inflow and Infiltration Sewer Service Inspection Program was also available at these meetings. All written comments received at or following the open house meetings, are summarized in Appendix A: Summary of Resident Comments. These written comments are an important tool for staff to identify issues that need to be addressed as part of the project design. The proposed improvements discussed in this portion of the feasibility report are shown on Exhibits 2A through 2F: Proposed Project Layouts. 349 Sanitary Sewer and Water Main Sanitary Sewer Rehabilitation As discussed earlier in this report, a television inspection of the existing sanitary sewer system was performed during the preliminary design portion of this project. Based upon the results of the televising, it has been determined that all of sanitary sewer mains within the project area are in need of repair. The nature of the defects, including primarily cracked pipes and root intrusion, indicates that the majority of the sanitary sewer mains can be rehabilitated by structural lining. Sanitary sewer lining will be effective in repairing the defects and addressing the infiltration issues within the City's system. In addition, there is a sag in the sanitary sewer at the easternmost 80 feet of the 23rd Avenue North sanitary sewer main that will require pipe replacement. Boring B-102 was performed near reported sag and encountered surficial fill comprised to a depth of approximately 5-'/2 feet overlying organic clay and peat to a depth of 30-'/2 feet. Organic soils and peat are susceptible to settlement due to load increases imparted by new backfill and/or decomposition over time. The proposed repair will include replacing the sewer main with new pipe on helical piles. Helical piles will provide support for the proposed sewer pipe and reduce the risk of future settlement. The helical piles will be placed on either side of the sanitary sewer pipe, with a steel pile cap spanning the two piles to provide a support for the pipe. These pile pairs will be spaced uniformly along the length of the replaced pipe and to a depth sufficient to encounter soils that will better support loading. The existing sanitary sewer defects are illustrated on Exhibit 7. The proposed sanitary sewer improvements are illustrated on Exhibits 2A through 2F: Proposed Project Layouts. In addition to lining the sanitary sewer mains, this project will incorporate other measures to reduce the amount of 1/1 being introduced into the City's sanitary sewer main system. These 1/1 reduction efforts include the replacement of all sanitary sewer manhole castings and covers and the rehabilitation and reconstruction of necessary sanitary sewer manholes. These measures have been implemented in past PMP projects, and are consistent with the City's efforts to address all sources of 1/1. Sanitary Sewer Service Rehabilitation As previously mentioned, residents in the project area have been given the opportunity to voluntarily have their sanitary sewer service inspected as part of this project and as part of the City's ongoing 1/1 Reduction Program. The intent of this voluntary inspection, which is funded by the City's water and sewer fund, is to identify potential sources of 1/1 from the privately owned sanitary sewer services. It is also intended to let the property owners know what sewer service repairs are needed in order to become compliant with City Code. Property VA 350 owners can use the information provided in the inspection to plan for future sewer service repairs, including participation in the sewer service repair program, which includes the option to specially assess the work offered as part of the proposed project. Sewer service inspections will begin in late 2022 for residents involved with the project. Each property owner, including those who did not participate in the voluntary inspection program, will be given the opportunity to have repairs performed on their sanitary sewer service. These repairs will be performed in conjunction with this project, but will be completed under a separate contract from the public improvements. Homeowners will be able to have their sewer services lined, or removed and replaced, as part of this program. Interested homeowners can enter into a three-way agreement with the Contractor and the City. The Contractor performs the work, the City pays the Contractor, and the homeowner reimburses the City over a ten year period via a special assessment. Water Main Rehabilitation Based upon water system maintenance records, it is proposed that the existing 6-inch and 12-inch cast iron water main located in the project area be replaced as part of this project with polyvinyl chloride (PVC) plastic pipe. As part of the water supply modeling in the City's Comprehensive Plan, it is recommended that existing 6-inch water main pipe be upsized as feasible to 8-inch pipe to assist with fire protection system wide. Existing water services will be replaced with high -density polyethylene (HDPE) plastic pipe to the right-of-way line. New curb stops will also be installed at the right-of-way line on new water services. A temporary water supply system will be required to provide water to the homes during water main replacement. The proposed water main replacement is shown on Exhibits 2A through 2F: Proposed Project Layouts. In addition to water main replacement, all hydrant and gate valves will be replaced throughout the project area. Additional gate valves and hydrants will be added where needed to meet current spacing requirements. Stormwater Management The entire 2023 PMP project area is part of the Bassett Creek Watershed, and is contained within the Bassett Creek Main Stem (Upstream) subwatershed. Therefore, the proposed improvements will be designed in accordance with the City's standards and the Bassett Creek Water Management Commission (BCWMC) Requirements for Improvements and Development Proposals, including the implementation of temporary and permanent stormwater best management practices (BMPs) as part of the project design and during construction. Additionally, the project will be required to obtain an NPDES Construction Stormwater Permit from the Minnesota Pollution Control Agency (MPCA). 351 The minimization of impervious surfaces such as street pavement, which generate higher volumes of stormwater runoff than vegetated pervious surfaces, is a goal of PMP design. Quantities of existing street impervious area, post construction impervious area, and the overall decrease in impervious area for the 2023 PMP are summarized in the table on the next page. The 2023 PMP street reconstruction is a linear project that will disturb more than one acre, therefore must be submitted to the Bassett Creek Watershed Management Commission (BCWMC) for review and approval for erosion and sediment control standards. As the linear project is not adding any net new impervious surfaces, the 2023 project area is exempt from BCWMC water quality standards. The City of Golden Valley is a municipal separate storm sewer system (MS4) permittee. MS4, as defined in Minnesota Rule 7090, is a conveyance or system of conveyances including roads with drainage systems, municipal street, catch basins, curbs, gutters, ditches, man-made channels, or storm drains: owned by a city, designed or used for collecting or conveying storm water, that is not a combined sewer, and that is not part of a publicly owned treatment facility. MS4 permit holders in Minnesota must satisfy the requirements of the MS4 general permit if they are at least one of the following: located in an urbanized area and used by a population of 1,000 or more, owned by a municipality with a population of 10,000 or more, or have a population of at least 5,000 and the system discharges to specially classified bodies of water. The MS4 general permit is designed to reduce the amount of sediment and other pollutants entering state waters from storm water systems. As an MS4 permittee, the City has a post construction stormwater management standard that must be implemented, including treatment of the water quality volume on any project where the sum of the new impervious and fully reconstructed impervious surfaces equals one or more acres. Where the entire water quality volume cannot be treated within the existing right-of-way, a reasonable attempt to obtain additional right- of-way, easement, or other permission to treat the stormwater during the project planning process must be made. The City also adheres to the Minimal Impact Design Standards (MIDS) performance goals for new development, re -development, and linear projects and the requirements of BCWMC. MIDS, developed by the Minnesota Pollution Control Agency (MPCA), has a set of performance goals and design standards to promote low impact development and other stormwater management techniques. MIDS has a similar, but more stringent, water quality volume requirement as the MS4 permit. To meet the MIDS performance goal for linear projects, the water quality volume must be calculated as the larger of 1.1 inches of runoff from the net increase in impervious area, or 0.55 inches of runoff from the new and fully reconstructed impervious surfaces. The required water quality volume for the project area is summarized in the table on the next page. E 352 Newly Required Existing Post Construction Decrease of Reconstructed Water Quality % Reduction I mpervious Impervious Area I mpervious I mpervious Volume * of Impervious Area (acres) (acres) Area (acres) Area (acres) (cubic feet) Area Street 5.09 4.69 0.4 4.69 9,355 7.9% * Water quality volume is calculated, per the MIDS performance goal, as 0.55 inches of runoff from the new and fully reconstructed impervious surfaces. Per the BCWMC Requirements for Improvements and Development Proposals, Linear projects on sites without restrictions that create one or more acres of net new impervious surfaces shall capture and retain onsite 1.1 inches of runoff from the net new impervious surfaces. This performance goal does not apply to this project since the proposed improvements result in a reduction in impervious surface area. For the 2023 PMP project, The City of Golden Valley has purchased a vacant lot at the east end of 23rd Avenue North (7901 23rd Avenue North) to be used for permanent stormwater management. This lot was chosen due to the existing conditions making it difficult to develop, and was the right size needed to meet the MS4 water quality requirement on the project. Soils in this lot are mainly Hydrologic Soil Group D, which prohibit this site from being used for infiltration, therefore a filtration basin will be included to treat stormwater. This filtration basin will include an iron enhanced sand filtration media with perforated underdrains installed at the bottom of the sand. Stormwater from the 2023 PMP project area will be filtered through the sand and then conveyed through the underdrains, back into the storm sewer system on 23rd Avenue North. The required water quality volume, as discussed above, will be treated by the filtration basin. Filtration systems must have three or more feet of separation between the bottom of the system to the elevation of the seasonally saturated soils. A soil boring was taken in the center of the proposed filtration system and encountered water at a depth that would provide over 14 feet of separation from the water level and the bottom of the basin filter media. This boring, however, was taken in October of an unusually dry year. Since the soils in the area are mainly organic, which are highly porous, it is assumed that during wet periods the seasonally saturated soils could mirror that of the normal water elevation in the nearby Decola Ponds, which are directly east of the site. The normal water level of the Decola Ponds is just over three feet lower than the bottom of the proposed basin filter media, however it is assumed that during wet periods, this water may be higher which could potentially cause an interaction between the groundwater and the filtration system. To combat this, an impervious liner is proposed to be installed at the bottom of the filtration system. Temporary BMPs will be installed during construction and remain in place until stabilization. A Stormwater Pollution Prevention Plan (SWPPP) will be prepared for the project. The majority of the proposed storm sewer improvements for the project area are modifications, extensions, and/or replacements of the existing storm sewer system to help facilitate drainage of streets, rights -of -way and adjacent properties to the extent 10 353 feasible. There are new catch basins proposed to be installed at the intersections of Bies Drive/25th Avenue North and at 25th Avenue North/Orkla Drive to improve drainage at these two intersections. This storm sewer system will be routed, via trunk storm sewer, to the existing storm sewer system along Medicine Lake Road. Since the overall contributing area will not be changed with this additional storm sewer, there will be no increase to the overall stormwater volume conveyed to the existing Medicine Lake Road storm sewer system. As with past PMP projects, a sump discharge drainage system is proposed within the project area. This sump discharge drainage system consists of a piping system behind the curb and a service stub for potential connection of private sump pump discharges. The sump discharge drainage system is proposed for locations where a significant number of sump pumps are present, and provides an alternative to discharging sump pumps above ground into backyards, the street, or into the sanitary sewer system, where clear water flows are not allowed. Additional Water Quality Measures While infiltration is not feasible due to the typical clayey soils that prevent water infiltration into the subsurface, rain gardens designed as filtration basins may be feasible. The City will provide technical assistance to individual homeowners if they desire to create "rain garden" filtration basins on their property. Storm sewer sump manholes with manhole baffles will be installed throughout the project area where practical, prior to stormwater discharge from the project limits. Manhole baffles provide pre-treatment to stormwater entering the sump manholes by filtering out sediment as it enters the manhole. The sump manholes allow the larger debris and sediment that is filtered from the stormwater by the manhole baffle to settle out in the sump, where it is cleaned out on a regularly scheduled basis as part of the City's maintenance program. Streets The City of Golden Valley Pavement Management Program stresses the use of proper pavement rehabilitation measures for each street. After reviewing the streets within the project area, it has been determined that reconstruction to City standards is the appropriate rehabilitation measure. This section of the report will discuss proposed rehabilitation measures being recommended, as well as the structural and geometric concerns encountered during preliminary design. Street Widths For approximately the last 13 years, it has been the City's practice to narrow the residential streets in the PMP project areas from the existing widths in order to minimize stormwater runoff, minimize impacts to adjacent trees and landscaping and to reduce construction and maintenance costs of the pavements. The most common width following reconstruction has been 26 feet (measured from face of curb to face of curb), with some streets being reconstructed to 24 feet. During the public engagement portion of the recent PMP projects, several residents expressed concerns about the narrowing of the streets. The City 11 354 Council reviewed and discussed the concerns and potential impacts, and adopted a motion to amend the Pavement Management Policy to adjust the standard street width to 26 feet (face of curb to face of curb) at their October 20, 2020 meeting for future PMP projects. The existing street widths are illustrated in Exhibit 3: Existing Street Widths. The proposed width of each street is shown on Exhibits 2A through 2F: Proposed Project Layouts and on Exhibit 4: Proposed Street Widths. Subgrade Corrections Based upon the subsurface conditions encountered within the project area, it is recommended that subgrade correction occur beneath each street. Subgrade correction is performed by removing soft, moisture -susceptible soils that are structurally unsuitable, and backfilling with clean (minimal silt) granular material such as sand or gravel. The subgrade correction planned for all streets in the project area includes subcutting and replacing the excavated soils with a minimum of three feet of sand and the City's standard bituminous and gravel base street section. Refer to Exhibit 5: Subcut Depths/Soil Boring Locations for an illustration of the proposed subcut areas and depths. Concrete Curb and Gutter The installation of concrete curb and gutter is required by the City because of its engineering and maintenance advantages. Curb and gutter provides pavement edge support and protection, facilitates roadway drainage, and eliminates the need for ditches. Given the practicality of curb and gutter and its usefulness, the City's standard practice is to install concrete curb and gutter on all streets in the project area. The standard type of concrete curb and gutter on Golden Valley streets includes a 6-inch high barrier curb and an 18-inch wide gutter (13618 curb and gutter). Intersection and Curve Improvements The existing intersection of Orkla Drive and 25th Avenue North is a skewed intersection which creates poor sight lines for drivers. It is proposed to slightly adjust the intersection angle approach to the through street to improve sight distances for yielding traffic. The existing intersections of Valders Avenue North/Wynnwood Road, Wynnwood Road/Orkla Drive, Jonellen Lane/Valders Avenue North, and 25th Avenue North/Valders Avenue North are 90-degree curves with small radii. It is proposed to enlarge the radii of these curves to flatten them out which will make plowing operations more efficient. Improvements to the remaining intersections include installing concrete curb and gutter throughout the project area, to comply with City standards for residential streets. Concrete curb and gutter facilitates improved drainage at each intersection as well as provides edge protection to the new bituminous pavement. 12 355 Proposed geometrics for the project area are illustrated in Exhibits 2A through 2F: Proposed Project Layouts. Pedestrian Facilities The current City of Golden Valley Sidewalk and Trail Plan does not identify any new pedestrian facilities within the project area. However, pedestrian safety improvements are proposed at the north leg of the Winnetka Avenue North/23rd Avenue North intersection. A pedestrian island is proposed to be constructed on Winnetka Avenue North, replacing the existing two-way center left turn lane. Southbound vehicles on Winnetka Avenue North wanting to make a left will have to do so from the thru lane. All four existing pedestrian ramps at the 23rd Avenue North/Winnetka Avenue North intersection, and also both ramps at Medicine Lake Road and Orkla Drive will be reconstructed in accordance with the Americans with Disabilities (ADA) requirements. The existing pedestrian routes through the project area are illustrated on Exhibit 6: Pedestrian Routes. Street Lighting As described above, the project area does not contain any City -owned street lights. No new street lighting is proposed for the project area. Tree and Landscape Impacts The proposed project outlined in this feasibility report includes minimizing impacts to landscaping, trees and shrubs as a major design consideration. As a result, the impacts have been minimized to the extent possible. It is estimated that approximately 33 trees will be impacted by the proposed improvements. The extent of the potential tree impacts due to the reconstruction of sanitary sewer and water services cannot be quantified at this time. Because maintenance of private sanitary sewer services is the responsibility of the individual homeowners, the removal and replacement of trees and shrubs due to sewer service repairs will also be the homeowners' responsibility. Any tree removals required for sewer service repairs will be included in the assessable costs, but replacement trees or shrubs will be the responsibility of the property owner. The potential impacts to trees, shrubs and landscaping is one of the primary reasons that lining of sanitary sewer services is the preferred method of rehabilitation. Driveway Reconstruction Program As with past PMP projects, homeowners within the project area whose driveways are impacted by street reconstruction will be given the opportunity to have their driveway replaced as part of the project, at contract unit prices. As part of this program, residents have the option of having the driveway reconstruction costs assessed against their property for a period of 10 years. It should be noted that the City may reject homeowner participation in the driveway replacement program in situations where the reconstruction is excessively complicated or the risk of additional liability to the City is high during the reconstruction of the driveway. Challenging driveway reconstruction often includes pavement removal or 13 356 installation against the base of retaining walls, foundation or basement walls or very flat or steep grades. The City also evaluates the number of driveways on a single property for compliance with City Code Chapter 113-88 — Street Access. Staff will meet with homeowners during final design to determine the status of secondary driveways. Typically, a property is allowed a single driveway unless specific conditions are met. ESTIMATED COSTS AND PROJECT FINANCING Estimated Project Costs The estimated costs for the improvements outlined in this report are separated by the type of work and funding sources. These categories include utility work, storm drainage improvements, and street reconstruction costs. The estimated project costs include construction costs and construction contingencies, and an estimated 25 percent of the construction costs as indirect costs. These indirect costs typically include project design, surveying, construction administration, and legal costs. Discussion on the financing and funding sources for the proposed improvements is included in the next section of this report. Sewer and Water Costs The estimated sewer and water costs include all water main replacement, sanitary sewer repairs (including service wye liners), and maintenance as outlined within this report. Estimated Construction Costs = $ 975,000 Estimated 25% Indirect Costs = $ 325,000 Estimated Sewer and Water Total = $ 1,300,000 Storm Drainage Costs The estimated storm drainage costs include all storm sewer installation, water quality measures, and erosion control. Estimated Construction Costs = $ 788,000 Estimated 25% Indirect Costs = $ 262,000 Estimated Storm Drainage Total = $ 1,050,000 Street Reconstruction Costs The estimated street reconstruction costs include all subgrade correction, pavement, curb and gutter, and turf restoration. Estimated Construction Costs = $ 3,750,000 Estimated 25% Indirect Costs = $ 1,250,000 Estimated Street Reconstruction Total = $ 5,000,000 14 357 Total Proiect Costs Estimated Sewer and Water Costs = $ 1,300,000 Estimated Storm Drainage Costs = $ 1,050,000 Estimated Street Reconstruction Costs = $ 5,000,000 Estimated Total Project Cost = $ 7,350,000 Proposed Project Financing The proposed financing of this project is a combination of special assessments to properties abutting the streets being improved, Street Improvement funds, the Sewer and Water Reserve Fund, and the Storm Water Improvement Fund. The following is a brief description of each of these funding sources and a summary of the estimated amount to be funded from each source. Special Assessments The proposed special assessments for the 2023 Pavement Management Project are consistent with the City of Golden Valley Special Assessment Policy and Minnesota Statutes, Chapter 429. As outlined in the Special Assessment Policy, residential properties are assessed on a per -unit basis for each single family or duplex unit. Oversized lots that may potentially be subdivided into additional conforming lots are assessed one unit assessment for each potential lot. However, only one unit assessment is levied with the project, with the other assessments being deferred until the property is subdivided. Corner residential lots are assessed one-half unit for each of the lot's frontage being improved, with no more than one full unit assessed, unless the lot could be subdivided. Corner lots with County roads are assessed one full unit for the local street being reconstructed. The use of special assessments for financing public improvement projects is outlined in Minnesota Statutes, Chapter 429. This law requires that when special assessments are used to finance projects a minimum of 20% of the project cost must be specially assessed. Therefore, because special assessments are being used to finance a portion of the street reconstruction costs, the assessments must be 20% of that cost. The project costs associated with sanitary sewer, watermain and storm sewer construction are financed from dedicated funds, and special assessments are not utilized for funding for utilities. Preliminary special assessment rates of $10,600.00 per single-family residential unit, and $135.00 per linear foot of frontage for other zonings represent approximately 20% of the estimated construction costs for a 26-foot-wide local street. The final special assessment rate will be calculated following the opening of construction bids and will be based on actual costs. Based upon the current schedule for the 2023 PMP project, it is anticipated that the construction contract award and the Public Hearing for the Special Assessments will be held at the March 7, 2023 City Council Meeting. 15 358 As shown on Appendix B: Preliminary Special Assessment Roll, the estimated amount of street reconstruction costs to be financed through special assessments is $932,444.50. Sewer and Water Reserve Fund The Sewer and Water Reserve Fund will be the funding source for all sanitary sewer and water main work discussed within this report. The estimated amount to be funded from this source is $1,300,000. The Sewer and Water Reserve Fund is financed from sanitary sewer and water utility fees. Storm Sewer Improvement Fund All storm drainage improvements, including lateral storm sewer extensions, drain tile, erosion control, and stormwater BMPs are funded from the Storm Sewer Improvement Fund. The estimated amount to be funded from this source is $1,050,000. The Storm Sewer Improvement Fund is financed from stormwater utility fees paid by all properties in the City. Street Improvement Funds All street rehabilitation costs not funded by special assessments will be funded using street improvement tax levies. These levies are used to repay bonds sold to finance the project. The estimated amount to be funded from this source is $5,000,000. The City will be applying for Active Transportation funding grants to pay for the pedestrian improvements at the intersection of Winnetka Avenue North and 23rd Avenue North If unsuccessful, those improvements will be funded using Street Capital Improvement Plan (CIP) dollars. Financing Summary The following is a summary of the amounts to be funded from each of the sources discussed above. Sewer and Water Reserve Fund = $ 1,300,000 Storm Sewer Improvement Fund = $ 1,050,000 *Street Improvement Funds = $ 5,000,000 Estimated Total Project Cost = $ 7,350,000 *Street Reconstruction Bonds are sold, paid back with Special Assessments. SUMMARY AND RECOMMENDATIONS This feasibility report for the proposed 2023 Pavement Management Project has been prepared in accordance with the Golden Valley City Council's authorization on September 9, 2021. The proposed improvements are part of a City-wide Pavement Management Program adopted by the City in order to provide a high -quality street system in a long-term, cost-effective manner. The Pavement Management Program also includes the rehabilitation and/or replacement of the existing sanitary sewer, water main, and storm sewer systems as needed with each project. This report discusses the proposed improvements to streets illustrated on Exhibit 1: Project Location Map, which are proposed to be constructed during the 2023 construction season. 16 359 Engineering staff has determined that the improvements outlined in this report are feasible from an engineering perspective. These improvements are consistent with the City of Golden Valley Pavement Management Program and will benefit the community and those properties abutting the proposed improvements. The City Council should determine the cost-effectiveness of the proposed improvements. Staff recommends approval of City Improvement Project No. 23-01, 2023 Pavement Management, as discussed within this report. Staff further recommends that the City Council authorize advertising for bids to construct the project. 17 360 Exhibits Exhibit 1 - Project Location Map Exhibit 2A — 2F - Proposed Project Layouts Exhibit 3 - Existing Street Widths Exhibit 4 - Proposed Street Widths Exhibit 5 - Subcut Depths / Soil Boring Locations Exhibit 6 - Pedestrian Routes Exhibit 7 - Sanitary Sewer Defects Exhibit 8 — Watermain Breaks lz 1� 03 01 city of golden�� valley PHONE:651.490.2000 3535 VADNAIS CENTER DRIVE S EH ST. PAUL, MN 55110-5196 wv,w.sehinc.com MEDICINE LAKE RD (CSAH 70) R 23RD AVE N WINNETKA HEIGHTS DR z w z a a z g _ll� �11� Jp m w o O a 1T-1-7-I---F-) N LEGEND _ PROJECT LOCATION 200 0 scale 100 200 400 feet FILE NO. 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PAUL, MN 55110-5196 www.s-hinc.com MEDICINE LAKE RD (CSAH 70) A ecru nvc N z' Q o � w LU �. >I JONELLEN LN WYNNWOOD RD Q y W 23RD AVE N 7 EE" - L 7 1 F z �a it w 0 z a� zi CO I 23RD AVE N O WINNETKA HEIGHTS DR WINNETKA HEIGHTS DR z C g w 3 �e z z a 0 a z Q g w o N LEGEND 29' FACE OF CURB TO FACE OF CURB 200 0 200 400 scale 100 feet FILE NO. GOLDV 163344 EXISTING STREET WIDTHS EXHIBIT 2023 PAVEMENT MANAGMENT PROGRAM (PMP) DATE: GOLDEN VALLEY, MINNESOTA NO. 3 11 /14/2022 3 69 y city of golden�� valley J PHONE:651.490.2000 3535 VADNAIS CENTER DRIVE S EH ST. PAUL, MN 55110-5196 wv,w.sehinc.com MEDICINE LAKE RD (CSAH 70) R 23RD AVE N WINNETKA HEIGHTS DR z w z a a z g w CD CD a m L— LEGEND 26' FACE OF CURB TO FACE OF CURB 200 0 200 400 scale 100 feet FILE NO. GOLDV 163344 PROPOSED STREET WIDTHS EXHIBIT 2023 PAVEMENT MANAGMENT PROGRAM (PMP) DATE: GOLDEN VALLEY, MINNESOTA NO. 4 11 /14/2022 3 ] Q 1z w city of � go1den� valley PHONE:651.490.2000 3535 VADNAIS CENTER DRIVE S EH ST. PAUL, MN 55110-5196 www.sehinc.com MEDICINE LAKE RD (CSAH 70) 25TH AVE N z ' w a m w' o m w' w 9 — — m6-o4 a JON LLE LN O [WYN14W R w� >a �w� 'w i —i J 23RD AVE N > �T � z �a Cn � w z 0 a a� z 23RD AVE N O WINNETKA HEIGHTS DR WINNETKA HEIGHTS DR z g w 3 �e z z a 0 a z � a g w o N LEGEND 3'SUBCUT e`u SOIL BORING LOCATION 200 0 200 400 scale 100 feet FILE NO. PROPOSED SUBCUT DEPTHS AND GOLDV 163344 SOIL BORING LOCATIONS EXHIBIT DATE: 2023 PAVEMENT MANAGMENT PROGRAM (PMP) NO. 5 11/14/2022 GOLDEN VALLEY, MINNESOTA 371 Q 24TH AVE N )z W 011 z Z g W r4 iX Iz w city of � golden� valley PHONE:651.490.2000 3535 VADNAIS CENTER DRIVE S EH ST. PAUL, MN 55110-5196 wv,w.sehinc.com MEDICINE LAKE RD (CSAH 70) -A, \\LH --- - --- 25TH AVE N — zi w— C >I >Q w m' _ Q� o g JONELLEN LN I a ' a -F- NWOOD RD Z� >' 1 �Q y iW �`--- °' 23RD AVE N � z ' > Ia it w 0 z Q� ,z z ir WINNETKA HEIGHTS DR U Ln g z o > It -1�-1-�I---F LEGEND _ EXISTING PEDESTRIAN ROUTE z z z z 3 WINNETKA HEIGHTS DR z w z 'a > ° Q z g w CD CD S ir N 200 0 200 400 scale 100 feet FILE NO. GOLDV 163344 PEDESTRIAN ROUTES EXHIBIT 2023 PAVEMENT MANAGMENT PROGRAM (PMP) DATE: GOLDEN VALLEY, MINNESOTA NO. 6 11 /14/2022 372 2015 M1edicine a e 2013 1966A 8229 1260 00 O O 1—CO0_ 1278239 Go Go Go Go 8025 `O 2540 2505 2500 161to '6"* ti LO 04 127,2 2500 1259 1261 12fi2 2485 2490 a15g $101 1263 2�$Q 2�$Gj I2137 2oQ 1966 41 2445 2460 �� 2�00 Zp�05 1255 voci ZD�N1S 0 2N5 2445 s 2405 30 2425 1258 1264 2r1$0 J f J 01- O N Z\10 ; 2r1$J O 04 O 1- 00 00 N M 1267 8300 Z�QQ �'��� r�60 365 1254 2136 0 2145 = 4265 2 N 23go 2��� L r1N0 �J �� �� 0� 1252 Gj 23 �O �bO �O O 23� �0 2335 L 4257 rn 2409 126s q�0 4256 YV w 1894A �� 2337 1274 �r�CjO � 1253 1918 �Oj 1251 `L335 VIP3 2 w C0 o 00 C91 N 2 L 1245A (b (b� o h 1928 0 5 50 g55 7925 Pipe Defects m 192s �lyti �ly4J rO 0 Active Service0 CrackG n0 Fine roots 225 2` 2 2209 0 Fracture L 2275 O 0 Mineral Deposits =OO 0 Obstacle • Offset Joint ZQ ZZ�1927220 2 076 ti � 2205 r2493 41 • Roots 1925 3075 3074 0 Sediment 100 155 2150 9N 21�0 7900 Project: GOLDV 163344 SANITARY SEWER DEFECTS 3535 VADNAIS CENTER DR. Print Date: 11/10/2022 HOST.NE E (651) 490-2 0 Exhibit _ PHONE: (651) 490-2000 Map by: aknort FAX: (888) 908-8166 Projecton: Hennepin CC 2023 Pavement TF: (800) 325-2055 Source: City of Golden Valley, SEH N . 7 SEH N^"^Nsehinccorn 1 inch = 200 feet Management Program (PMP) If nSystemM-9Gatausetltoprepareth-smapareerrorf tlSEHticesnotrepresentthtthGISGtcanbeusetlfor vgatonal,fwk,,gowyotherpurposerendrngexacfingmeasum—tofdst—..,drecfi— rrecison-nthetlepcfionofg-graph-cfeafures.Theuseroffhi.171 map acknowletlges that SEH shall not be able for any tlamages which arse out of fh a user s access or a se of d.ta pr v de I Medicine Lake Rd 8401 2585 8239 8229 �p r a, M o 2550 2545 2540 8025 `- N 2505 250p 51&0 S'\(p 2505 2500 2485 25th Ave 2�g5 2490 S15g 5101 2DS0 2Nv- 2� SO 250 2445 2465 2460 a 2445 2405 2435 2430 2425 24th Ave N 2350 2355 0 CD C\ICD LO N 405 8350 8300 e 35 L Y aoo aoo N oLn 0 2145 ry 2�pp 3 60 65 24th Ave O 23 N Q 2385 2390 23g 0 355 2 3p0 3D5 O�� O�� 00� Y c 2409 S 365 z 2370 OHO boo q, �O do 00 '6O 345 a 2350 55 23 3 p ,\h 2 5 �O �O quo 2337 ynnwo 325 x 2330 2335 �330 �� �0 soh �320 23�5 9 co Cb �> C C ry 305 000 p 23rd Ave N S�pS 2240 S3�S �� ��O 225p 2255 225p g55 �g25 �p ��� 2235 2230 223 222p 2225 222p 2225 222 00 2202 2209 O Watermaln Breaks 200 2 205 2 22pp 0 °' cal P' 2205 2200 22p0 22p5 2142 Watermain m 216p 215�' 215p 21�5 21�0 7900 2140 3535 VADNAIS CENTER DR. PHONE: (651) 490-2000 HO E (L, ) 0-20 Project: GOLDV 163344 Print Date: 11/10/2022 Map by: aknort WATERMAW BREAKS Exhibit _ FAX: (888) 908-8166 TF: (800) 325-2055 Projecton: Hennepin CC Source: City of Golden Valley, SEH 2023 Pavement N O SEH N^"^Nsehincco. 1 inch = 250 feet Management Program (PMP) I f nSystem(GIS)Gata usetl to prepare th-s map are erro0 tlSEH tices notrepresentth tth GISG t can be Jfor vgat onal, track ng o any oth er purpose renu rng exac�ng measu rement ofdstance ord reckon orprec-, nthe tlep ct- fg-graph-c features. The user of fhi. 37A map acknowletlgesthat SEH shall not be able for any tlamages which ar se out of tha users access or ase ofd.ta pr vde I T Appendix A Summary of Residential Comments i A L 1 2 JE o E E Appendix B Preliminary Assessment Roll Q � Oo - - - - - - - - - - - - - - - - - - — — — — — — — — — — 2 — — — — — — — — — — — — — — — — - - - - - - ° o w � .... ... . ... 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M. . \ zo`u��/ zz 7E } ^�(\(/\)u(z})\))\\\4\ \[!_:\,g,:/:;a:� : z:; _ 7/ ;i (((((\(((\\ �\\\\\\\ ////\)\\\ Building a Better World for All of K Sustainable buildings, sound infrastructure, safe transportation systems, clean water, renewable energy and a balanced environment. Building a Better World for All of Us communicates a company -wide commitment to act in the best interests of our clients and the world around us. We're confident in our ability to balance these requirements. JOIN OUR SOCIAL COMMUNITIES 0000 RESOLUTION NO. 22-124 RESOLUTION ACCEPTING FEASIBILITY STUDY AND ORDERING CONSTRUCTION OF CERTAIN PROPOSED PUBLIC IMPROVEMENTS ON PROJECT NO. 23-01: 2023 PAVEMENT MANAGEMENT PROGRAM WHEREAS, pursuant to Resolution of the City Council No. 21-64 adopted September 9, 2021, a report has been prepared by Short Elliott Hendrickson, Inc. (the "Feasibility Study") with reference to proposed Improvement No. 23-01, the improvement of the following streets: 2023 PAVEMENT MANAGEMENT: All properties in the NE'/ of the NE'/ ofSection 30, Township 118 North, Range 21 West; within the City of Golden Valley, Hennepin County, Minnesota, that are adjacent to the following streets: • 23ra Avenue North: Xylon Avenue North to Winnetka Avenue North • Wynnwood Road: Valders Avenue North to Orkla Drive • Jonellen Lane: Bies Drive to Valders Avenue North • 25th Avenue North: Orkla Drive to Valders Avenue North • Wisconsin Avenue North: 23ra Avenue North to Orkla Drive • Orkla Drive: Wynnwood Road to Medicine Lake Road • Bies Drive: Wynnwood Road to 25th Avenue North • Valders Avenue North: 23ra Avenue North to Wynnwood Road • Valders Avenue North: Jonellen Lane to 25th Avenue North by reconstructing said streets; and WHEREAS, the Feasibility Study provides information regarding whether the proposed improvement is necessary, cost-effective, and feasible; whether it should best be made as proposed or in connection with some other improvement; the estimated cost of the improvement as recommended; and a description of the methodology used to calculate individual assessments for affected parcels; and WHEREAS, a public hearing was held on Improvement No. 23-01 on this day December 20, 2022 at 6:30 pm at Golden Valley City Hall, ten days' mailed notice and two weeks' published notice of the hearing was given, and all persons desiring to be heard were given an opportunity to be heard thereon. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF GOLDEN VALLEY, MINNESOTA: 1. The Feasibility Study is hereby approved. 2. Such improvement is necessary, cost-effective, and feasible as detailed in the feasibility report. 3. Such improvement is hereby ordered. 4. The City Engineer is hereby designated as the engineer for this improvement. The 381 engineer shall prepare plans and specifications for the making of such improvement. Resolution No. 22-124 -2- December 20, 2022 5. The City Clerk shall prepare an Advertisement for Bids and cause to be inserted in the official paper an advertisement for bids upon the making of such improvement under such approved plans and specifications. The advertisement shall be published for 14 days, shall specify the work to be done, shall state that bids will be received by the clerk until 10 am on January 31, 2023, at which time they will be publicly opened in the city council chambers of the city hall by the city engineer, will then be tabulated, and will be considered by the council on March 7, 2023. Any bidder whose responsibility is questioned during consideration of the bid will be given an opportunity to address the council on the issue of responsibility. No bids will be considered unless sealed and filed with the clerk and accompanied by a cash deposit, cashier's check, bid bond or certified check payable to the City of Golden Valley for 5% percent of the amount of such bid. 6. The council will consider the assessment of abutting properties for at least 20% of the cost of the improvement pursuant to Minnesota Statutes, Chapter 429 at an estimated total cost of the improvement of $7,350,000. Adopted by the City Council of Golden Valley, Minnesota this 20th day of December 2022. Shepard M. Harris, Mayor ATTEST: Theresa Schyma, City Clerk 382 £8£ m o J z >> 0 o = -- o� W p= zo�wLL_wzmwomJ�=dmzJz_-w� >> o>? z s,s o z z ol 3w Ow Ww H_ o oZ0 - wow1-�J>o >U2 F_ »w O�oo - - JJ �IwoaammVW ooo w . = a<�o � = mO &»0- < a�� �0>a�«> o>,�mw> _ rN 1m oQ w: 0 w �m <� w O m�mm - x a - a _ >a0"x z o II m< 000 0 »> mmm x - �z5 m I -a mm - s 3 0' O a a z O _ �a 2 Q • ow O Y Y ^ J � Q w Z w w o w ww_ W ~`�w a w --- U J .j < 9F O O W (99L HVSO)'N-NA-"-NNIM 7 U GZO= ' OHO r 'L H O� Q Oi -�~m '< LL < O w NN 3nN3nv sa2—vnN 3nN3nv sa3aivn' ��w= i> �wwc�i O(n Q %� w N 3nv sa3anvn a = o li w , Uz >=z_-w w boo z i= J U) W O d aniaa VINao UAN- V-01. 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Prall, PE Registration No. 54949 December 20, 2022 517 This Page Left Blank Intentionally 518 DOCUMENT 00 00 00 CERTIFICATION I hereby certify that this specification was prepared by me or under my direct supervision and that I am a duly Licensed Professional Engineer under the laws of the State of Minnesota. W" Stephen R. Prall, PE Date: December 20, 2022 Reviewed By: Scott Haupt Date: December 20, 2022 Lic. No. 54949 Certification GOLDV 163344 000000-1 519 This Page Left Blank Intentionally 520 CITY OF GOLDEN VALLEY, MINNESOTA ADVERTISEMENT FOR BIDS 2023 Pavement Management Program (PMP) City Improvement Project No. 23-01 Notice is hereby given that Online Bids will be received by the City of Golden Valley, Minnesota until 10:00 a.m., January 31, 2023, via QuestCDN for the furnishing of all labor and material for the construction of the 2022 Pavement Management Program. Major quantities for the Work include. Description Quantity Unit Salvage/Remove Bituminous Pavement 23,700 SY Clearing/Grubbing 33 TREE Common Excavation 33,700 CY Select Granular Borrow 41,800 TONS Class 5 Aggregate Base 10,800 TONS Bituminous Mixture 5,300 TONS 4"-6" Concrete Walk 1,700 SF Concrete Curb and Gutter 13,200 LF 6" Concrete Driveway Pavement 1,700 SY Sanitary Sewer Lining 5,800 LF Sanitary Sewer Service Wye Grouting/Liners 82 EA Sodding with 4-Inches of Topsoil 17,900 SY 6"-12" PVC (C-900) Water Main 6,800 LF 6"-8" Gate Valve and Box 36 EA 12" Gate Valve and Box 8 EA F&I Hydrant 16 EA 12"-21" Reinforced Concrete Storm Sewer Pipe 3,400 LF Drainage Structures & Castings 53 EA Helical Piles 760 LF Bid Opening - Golden Valley, MN 2023 - Pavement Management Program (PMP) Thursday, January 31, 2023 9:50 AM - 10:30 AM (CST) To Join the meeting by computer or mobile ap, go to: https://bit.ly/3AtY6zE Or call in (audio only) +1 872-242-7640, United States, Chicago Phone Conference ID: 739 709 363# The Issuing Office for the Bidding Documents is: Short Elliott Hendrickson Inc. located at 3535 Vadnais Center Drive, St. Paul, MN 55110-5196, Steve Prall, PE — (651) 318-0859. The Bidding Documents may be viewed for no cost at http://www.sehinc.com by selecting the Project Bid Information link at the bottom of the page and the View Plans option from the menu at the top of the selected project page. Digital image copies of the Bidding Documents are available at http://www.sehinc.com for a fee of $30. These documents may be downloaded by selecting this project from the "Project Bid Information" link and by entering eBidDocTM Number 8343447 on the SEARCH PROJECTS page. 521 For this project, bids will ONLY be received electronically. Contractors submitting an electronic bid will be charged an additional $42 at the time of bid submission via the online electronic bid service QuestCDN.com. To access the electronic Bid Worksheet, download the project document and click the online bidding button at the top of the advertisement. Prospective bidders must be on the plan holders list through Quest CDN for bids to be accepted. Bids shall be completed according to the Bidding Requirements prepared by SEH dated December 20, 2022. The Bidding Documents are available for viewing by appointment only. Please call the City of Golden Valley Engineering Department at 763-593-3987 to schedule an appointment at the following location: City of Golden Valley Engineering Department 7800 Golden Valley Road Golden Valley, MN 55427-4588 Paper copies of the Bidding Documents may be obtained from Docunet Corp. located at 2435 Xenium Lane North, Plymouth, MN 55441 (763-475-9600) for a fee of $110. Bid security in the amount of 5 percent (5%) of the Bid must accompany each Bid in accordance with the Instructions to Bidders. Bidders are required to submit information indicating they have practical experience of the particular construction work bid upon, and that they have the ability and resources to complete the proposed work in a manner satisfactory to the Owner. A contract award will only be made to a bidder meeting the minimum contractor qualifications as stated within the contract specifications. The successful bidder must be a "responsible contractor." The term "responsible contractor" means a contractor as defined in Minnesota Statutes, section 16C.285, subdivision 3. Any prime contractor, subcontractor, or motor carrier that does not meet the minimum criteria or fails to comply with the verification requirements is not a responsible contractor and is not eligible to be awarded a construction contract for the project or to perform work on the project. A prime contractor, subcontractor, or motor carrier that makes a false statement under oath verifying compliance with the minimum criteria will be ineligible to be awarded a construction contract on the project, and the submission of a false statement may result in termination of a contract awarded to a prime contractor, subcontractor, or motor carrier that submits the false statement. A prime contractor shall include in its verification of compliance a list of all of its first -tier subcontractors that it intends to retain for work on the project. Before execution of a construction contract, a prime contractor shall submit a supplemental verification under oath confirming that all subcontractors and motor carriers that the prime contractor intends to use to perform project work have verified to the prime contractor, through a signed statement under oath by an owner or officer, that they meet the minimum criteria for a responsible contractor. The City of Golden Valley reserves the right to reject any and all Bids, to waive irregularities and informalities therein and to award the Contract in the best interests of the City of Golden Valley. BY ORDER OF THE CITY COUNCIL Theresa Schyma, City Clerk 522 TABLE OF CONTENTS CONTRACT DOCUMENTS 1. ADVERTISEMENT OF BIDS AB 2. INSTRUCTION TO BIDDERS IB 3. PROPOSAL FORM PF 4. AFFIDAVIT OF NON -COLLUSION AN-C 5. ACCEPTANCE OF LIQUIDATED DAMAGE RATE ALD 6. CERTIFICATE OF COMPLIANCE CC 7. RESPONSIBLE CONTRACTOR CERTIFICATION RCC 8. FORM OF CONTRACT FC 9. SPECIAL CONDITIONS SC 10. GENERAL CONDITIONS GC 11. APPENDICES A-G selvnc.com\panaua\pzprolects Ff G\GOLDV 163344L-final-cls2n 52-specs-proj-man\02 -Table of Contents.DOCX 523 524 1. 2. 3. 4. 5. 6. 7. 8. 9. 10 11 12 13 14 15 16 17 18 19 INSTRUCTIONS TO BIDDERS INDEX PAGE PRE -BID MEETING 1 EXAMINATION OF PLANS, SPECIFICATIONS AND SITE OF WORK 1 BID SECURITY 1 CONTRACT DOCUMENTS 1 PREPARATION OF PROPOSAL 2 CONDITIONS IN BIDDER'S PROPOSAL 3 INTERPRETATION OF ESTIMATES 3 DELIVERY OF PROPOSALS 3 REJECTION OF BIDS 3 WITHDRAWAL OF PROPOSALS 3 PUBLIC OPENING OF PROPOSALS 3 EVALUATION OF BIDS 3 DISQUALIFICATION OF BIDDERS 4 EQUIPMENT 5 SUPPLIERS AND SUBCONTRACTORS 5 FURNISHING OF EVIDENCE OF RESPONSIBILITY 5 REQUIREMENTS OF CONTRACT BOND 5 FAILURE TO EXECUTE CONTRACTS 5 AWARD OF CONTRACT 5 525 526 INSTRUCTIONS TO BIDDERS CITY OF GOLDEN VALLEY, MINNESOTA 1. PRE -BID MEETING No pre -bid meeting will be held for this project. 2. EXAMINATION OF PLANS, SPECIFICATIONS AND SITE OF WORK The Bidder shall examine to their satisfaction the quantities of work to be done as determined from the Plans and Specifications. Quantities indicated by the Engineer on drawings or elsewhere are estimated only, and Bidders must rely on their own calculations. Bidders shall be thoroughly familiar with the Specifications, including all Special Conditions. Submission of a bid by the Bidder is a representation that the Bidder has visited the Work site, become generally familiar with local conditions under which the Work is to be performed, and correlated personal observations with requirements of the Contract Documents. Bidders shall inform themselves of the character and magnitude of work and the conditions under which the work is to be performed concerning the site of the work, the structure of the ground, the existence of surface and groundwater, availability of drainage, the obstacles which may be encountered, means of approach to the site, manner of delivering and handling materials, facilities of transporting and installing construction plant and equipment and all other relevant matters pertaining to the complete execution of this Contract. No plea of ignorance of conditions that exist or that may hereafter exist, or of difficulties that will be encountered in the execution of the work hereunder, as a result of failure to make necessary examination and investigations, will be accepted as a sufficient excuse for any failure or omission on the part of the Contractor to fulfill in every detail all the requirements of this Contract, or will be accepted as a basis for any claim whatsoever for extra compensation or for an extension of time. No Bidder may rely upon any statements or representations of any officer, agent, or employee of the City with reference to the conditions of the work or the character of the soil or other hazards that may be encountered in the course of construction. Submission of a bid by a Bidder is a representation that the Bidder has contacted the affected utilities listed in Item 18 of the Special Conditions prior to submitting the bid to determine the extent of their facilities within the project area and the scope and anticipated schedule of the facility relocation, removal or adjustment. 3. BID SECURITY Each bid shall be accompanied by a cash deposit, certified or cashier's check, or bid bond with a corporate surety in an amount at least equal to five (5) percent of the total amount of the base bid, payable to the City as a guaranty that the Bidder will enter into a contract with the City for the work described in the Proposal, and the amount of the bid security of a successful Bidder shall be forfeited to the City as liquidated damages in the event that such Bidder fails to enter into a contract and furnish Contractor's bond. 4. CONTRACT DOCUMENTS The Contract Documents shall consist of the Plans and the Specifications along with the fully executed Contract Form. "Plans" means all project plans and drawings IB-1 527 including addendums as distributed by the City. "Specifications" means all documents included in the project manual including, but not limited to, the following: • the Certification: • Advertisement for Bids; • Instructions to Bidders; • Proposal Form; • Affidavit of Non -Collusion; • Acceptance of Liquidated Damage Rate; • Certificate of Compliance • Responsible Contractor Certification Form • Form of Contract • Special Conditions • General Conditions; • All documents required within any of the documents listed herein including, but not limited to, all bonds and insurance required. • Appendix 5. PREPARATION OF PROPOSAL The Bidder shall state the prices for each item of work in the Online Bid Worksheet. The following items are required for a bid to be considered complete: 1. Completed Proposal Form 2. Five Percent Bid Security 3. Completed Contractor Questionnaire 4. Receipt of Addenda (if applicable), must be downloaded to submit bid. 5. Affidavit of Non -Collusion 6. Acceptance of Liquidated Damage Rate 7. Employment Certificate of Compliance 8. Responsible Contractor Certification Form 9. Hourly Equipment and Labor Rates 10. Complete list of subcontractors working on this project, the portion of the project they will be constructing and the value of the work they are responsible for. The Proposal shall be typed or printed in ink in the appropriate places. If the Proposal is made by an individual, his name and post office address shall be shown. If made by a firm or partnership, the name and post office address of each member of the firm or partnership shall be shown. If made by a company or corporation, the Proposal shall identify the name of the state formation of the corporation or business, and names, titles and business addresses of the President, Secretary and Treasurer. All bids from corporations shall bear the official seal of the corporation; if the corporation does not have a corporate seal, the bid must be signed by the president and the treasurer. This form must be uploaded to QuestCDN when submitting your bid. IB-2 528 6. CONDITIONS IN BIDDER'S PROPOSAL The Bidder shall not stipulate in its Proposal any conditions not provided for on the Proposal Form. 7. INTERPRETATION OF ESTIMATES The award of the Contract shall be made on the basis of the Engineer's estimate of quantities as shown in the Proposal, but these quantities are not guaranteed to be accurate and are furnished without any liability on the part of the City. Quantities indicated by the Engineer on drawings or elsewhere are estimated only, and Bidders must rely on their own calculations. 8. DELIVERY OF PROPOSALS Bidders shall submit their Proposal via QuestCDN, if there are any addenda for this project, they must be downloaded in order to submit your electronic bid. This project will be bid using QuestCDN's on-line bidding tool known as VirtuBidTM (vBidTM). Only bids received through vBidTM will be accepted. See the Project Manual Appendix for instructions on the use of this bidding tool. 9. REJECTION OF BIDS The City reserves the right to reject any and all bids, including without limitation; proposals that show any omission, alteration of form, additions not called for, conditional bids or alternate bids not specified or irregularities of any kind. Proposals in which the prices are obviously unbalanced may be rejected. 10. WITHDRAWAL OF PROPOSALS A Bidder may withdraw its Proposal without prejudice to themselves, provided a written request is filed with the City Clerk before the hour of letting, and such withdrawn Proposal may be modified and resubmitted by the Bidder at any time prior to the hour set for receiving bids. 11. PUBLIC OPENING OF PROPOSALS Proposals will be opened publicly and read aloud in such place as designated at the time and the date set in the "Advertisement for Bids." Bidders or their authorized agents are invited to be present. 12. EVALUATION OF BIDS The City will review the completed Contractor Questionnaire, included within the Proposal Form, to determine whether the Bidder has the practical knowledge, experience, available personnel, equipment and financial resources for the timely and professional completion of the work. The City also reserves the right to make inquiries regarding past performance of any Bidder on previous contracts. The object of this review and any other inquiries is to provide the City with the best available information regarding the capabilities of the Bidder to complete the work as specified in the Contract Documents, and to minimize the risk of awarding the Contract to an unqualified Bidder. Bidders are required to submit evidence that they have practical knowledge of the particular work bid upon and that they have the financial resources to complete the proposed work. The City reserves the right to reject any Proposal where there is insufficient or unsatisfactory evidence to demonstrate the Bidder's ability to perform IB-3 529 the work. Failure on the part of any Bidder to have carried out previous contracts satisfactorily, to show adequate experience, or to possess necessary equipment or labor for completion of the work, shall be sufficient cause for disqualification of the Bidder. Bidders who will subcontract more than 50% of the value of the work under the Contract shall be deemed unqualified to perform the work. The City will award the Contract to the Bidder whose bid price, quality and experience best conform to the overall interests of the City. Bids from qualified bidders will be considered as described in the City of Golden Valley General Conditions, Section 11.1 CONSIDERATION OF BIDS. The City's decisions regarding bidder qualifications, contract award and contract amount shall be final. The City has limited financial resources to commit to the project. Accordingly, the project must be accomplished with a minimum of interruption, on time and without cost overruns. The City believes that a contractor with sufficient experience in constructing this kind of specialty roadway is necessary for this complicated project. Therefore, the City will consider the quality and experience of each Bidder in addition to the bid price. A Bidder will not be considered for this project unless the Bidder receives a rating of at least 10 points, as determined by the City, using the following system for assigning points: Experience constructing an urban street reconstruction project similar in size and functions within the last five 5 points ears, to the satisfaction of the City ➢ For each additional project qualifying under the 1 point each above category Experience of the assigned job superintendent in supervising construction of an urban street reconstruction 5 points project while under traffic similar in size and functions within the last five years, to the satisfaction of the City ➢ For each additional roadway supervised that point each qualifies under the above category1 History of initiating change orders (not at the owner's Deduct 2 points request) that total more than 5% of the original bid within for each confirmed project the last five years History of complaints regarding completion deadlines or Deduct 2 points the quality of the work of projects within the last five years for each confirmed project The City may give partial credit for points depending upon the nature of the projects. 13. DISQUALIFICATION OF BIDDERS More than one Proposal for the same project from an individual firm, partnership, company or corporation under the same or different names will not be considered. Evidence that any Bidder is interested in more than one Proposal for the same work will result in the rejection of all such Proposals. Collusion between Bidders shall be sufficient cause for the rejection of all bids so affected. Failure to achieve a rating of 10 points or more as described in section 9 above shall be sufficient cause to disqualify a Bidder for this project. IB-4 530 14. EQUIPMENT When requested by the City, the Bidder shall furnish a complete statement of the make, size, weight (where weight is one of the specified requirements), condition and previous length of service of all equipment to be used in the proposed work. 15. SUPPLIERS AND SUBCONTRACTORS The Bidder shall provide, within the time requested, a list of all suppliers and subcontractors to be used on the project for approval by the City. All provisions of Item 12 of these instructions shall also apply to subcontractors and suppliers. The Bidder will be notified in writing by the City of disqualification of any supplier or subcontractor. The Bidder will then be given the option to replace the disqualified supplier or subcontractor with an approved supplier or subcontractor or withdraw its bid. No adjustment of bid prices will be allowed for such replacement. 16. FURNISHING OF EVIDENCE OF RESPONSIBILITY When requested by the City, the Bidder and any subcontractors shall furnish a balance sheet, certified by a Certified Public Accountant, dated not more than sixty (60) days prior to date of the opening of the Proposal which shall set forth outstanding assets and liabilities in reasonable detail. The City may also require the Bidder and its subcontractors to furnish a list of work of similar nature performed with dates of completion thereof. The Bidder or subcontractor shall also furnish any other additional information relative to financial responsibility and competence to do the work as may be requested by the City prior to acceptance of any Proposal. 17. REQUIREMENTS OF CONTRACT BOND The successful Bidder, at the time of execution of the Contract, shall furnish and at all times maintain a satisfactory and sufficient bond in the full amount of the Contract as required by law with a corporate surety satisfactory to the City. The form of bond is that required by Statute. Personal sureties will not be approved. 18. FAILURE TO EXECUTE CONTRACTS Failure to furnish the Contract Bond in a sum equal to the amount of the award, or to execute the Contract within ten (10) days as specified, shall be just cause for the annulment of the award and, in the event of the annulment of the award, the amount of the guaranty deposited with the Proposal shall be retained by the City, not as a penalty, but as liquidated damages. 19. AWARD OF CONTRACT If the Contract is to be awarded, the City Council will award the Contract to the Bidder whose bid is in the best interest of the City. Award will be based on the Base Bid, plus any bid alternates the City may include. IB-5 531 532 Proposal Form CITY OF GOLDEN VALLEY, MINNESOTA City Council City of Golden Valley 7800 Golden Valley Road Golden Valley, MN 55427 Council Members: In accordance with the Advertisement for Bids of the City of Golden Valley, inviting proposals in conformity with the plans and specifications on file in the office of the City Engineer, City of Golden Valley, Minnesota, the undersigned hereby certifies that an examination has been made of the Specifications and the Plans, and the site of the work, and hereby proposes to furnish all necessary machinery, equipment, tools, labor and other means of construction and to furnish all materials specified in the manner and at the time prescribed; and understands that the quantities of work shown herein are approximate only and are subject to increase or decrease; and further understands that all quantities of work, whether increased or decreased, are to be performed at the following unit prices: PF-1 533 Proposal Form Contractor Questionnaire City of Golden Valley, Minnesota 2023 Pavement Management Project City Project No. 23-01 Bidders must file this Prospective Bidder Contractor Questionnaire by bid opening as required in the Advertisement for Bids. This questionnaire is to be attached to the sealed bid proposal. The object of the questionnaire is not to discourage bidding or make it difficult for qualified bidder to file bids, but is to make it possible for the City to have exact information on the financial ability, personnel, equipment, past performance and experience of the bidders involved prior to awarding the Contract. The City reserves the right to require additional information before approving the award of the Contract to a Contractor. This may be done to help qualify subcontractors for bidding to better determine the contractor's qualifications for bidding the work. The contents of this questionnaire will be private until the City has completed the selection process. At that time, all information will become public, except information that qualifies as trade secret data under Minnesota Statutes Section 13.37. If the City is not satisfied with the sufficiency of the answers to the questionnaire, it may require additional information, including a financial statement, or it may determine that the Bidder is unqualified to bid the project. The Bidder must submit a full, complete and accurate statement. False information or material omission will be grounds for disqualifying the Bidder. STATEMENT OF BIDDER QUALIFICATIONS 1►FT iL_6111 orims Type of Contractor: 2. Bidder Address: 3. Date of Organization: 4. State of Organization: 5. How many years has Bidder been engaged in the contracting business under the present name? 6. Contracts on hand (attach a list of present contracts, including the nature of the work, a schedule as to estimated completion date and gross amount of each contract). 7. General character of the work performed by Bidder: P F-2 534 Proposal Form Contractor Questionnaire 8. Has Bidder ever failed to complete any work awarded to it? Yes No If yes, attach a statement explaining where and why. 9. Has Bidder ever defaulted on a contract? Yes No If yes, attach a statement explaining where and why. 10. Attach a list of the larger, more relevant projects completed by Bidder, including the kind of work and approximate cost. 11. Attach a list of the major equipment that Bidder has available and the hourly rates for each piece (list whether equipment prices are with or without operator). 12. Attach a statement of Bidder's experience in the construction of work similar in scope to this project. 13. Furnish written evidence, preferably from banks of Bidder's available credit. 14. Submit a signed statement from Bidder's bonding company, establishing the bonding capacity for the firm. 15. Experience Requirements: Bidder's company, project superintendent and job site foreman must all have successful construction experience on one qualifying project within the five (5) years prior to the bid opening date.* A qualifying project is an urban street reconstruction project with a minimum engineer's estimate of three million dollars. The following meet the experience requirements: Acquisition of a company with relevant successful experience within the five (5) years prior to the bid opening date by the bidder; a company in existence for less than five (5) years that meets the minimum experience requirements for the project superintendent and job site foreman. 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No. Item No. Description Unit Quantity SECTION A: STREET (BASE BID) 1 2021.501 MOBILIZATION LS 1 2 2101.505 CLEARING 3 2101.505 GRUBBING 4 2101.524 CLEARING 5 2101.524 GRUBBING 6 2102.503 7 2102.518 8 2104.502 9 2104.502 10 11 12 ACRE 0.1 ACRE 0.1 T EE 3 374 PAVEMENT MARKING REMOVAL SF 96 REMOVE CONCRETE STEP 10 REMOVE HYDRANT MARKER ` EACH 10 REMOVE SIGN TYPE C EACH 8 SALVAGE SIGN EACH 3 SALVAGE SIGN (ST E SI ` EACH 16 13 2104.502 SALVAGE MAI SUPPO EACH 1 14 2104.503 SALVAGE P" RAIL WOO O LF 84 15 2104.503 SALVA AIN LINK FENCE LF 23 16 2104.503 SAWI CONCRETE PAVEMENT (FULL DEPTH) LF 588 17 2104.503 SAWING BIT ENT (FULL DEPTH) LF 1563 18 2104. 03 REMOVE C RB GUTTER LF 12546 00, 19 21 0 REMOVE CONCRETE DRIVEWAY PAVEMENT SY 1595 4 20 2104.504 REMOVE BITUMINOUS DRIVEWAY PAVEMENT SY 681 21 2104.518 REMOVE CONCRETE WALK SF 1059 22 210 0 SALVAGE BRICK LANDSCAPE EDGING LF 70 2 �03 SALVAGE ROCK LANDSCAPE EDGING LF 242 24 2104.603 SALVAGE MODULAR BLOCK RETAINING WALL LF 69 25 2104.604 SALVAGE BITUMINOUS PAVEMENT SY 23085 2104.502 2104.502 2104.502 PAVEMENT MARKING REMOVAL PF-8 540 Proposal Form Line Est. No. Item No. Description Unit Quantity 26 2104.618 SALVAGE BRICK PAVERS (DRIVEWAY) SF 219 27 2104.618 SALVAGE BRICK PAVERS (WALK) SF 35 28 2104.618 REMOVE LANDSCAPE MULCH SF 2001 29 2106.507 EXCAVATION -COMMON (EV) CY 31052 30 2106.609 SELECT GRANULAR BORROW (5% MOD) T N 41 31 2108.604 GEOTEXTILE FABRIC TYPE V 1 5 32 2211.509 AGGREGATE BASE, CLASS 5 N 69 33 2301.602 DRILL AND GROUT REINF BAR (EPDXY COATED) E 75 34 2331.603 JOINT ADHESIVE (MASTIC) 20215 35 2357.506 BITUMINOUS MATERIAL FOR TACK6 1036 36 2360.509 TYPE SP 9.5 WEARING COURSE MI 2,C) TON 1665 37 2360.509 TYPE SP 12.5 NON WEAR E MIX TON 3437 38 2360.509 TYPE 9.5 BIT MIXTURE RIVEW RAILS (2,C) le I TON 148 39 2451.609 PIPE BEDDING MATERIAL TON 3016 40 2521.518 4" CONCRETE WALK SF 698 41 2521.518 6" CONCRETE WALK SF 997 42 2531.618 TRUNCATED DOMES SF 173 43 2521.61 CONCRET WA PECIAL (STEP) SF 70 44 2531.503 CONCRETE CURB AND GUTTER DESIGN B618 LF 13178 45 2 .504 6" C NCRETE DRIVEWAY PAVEMENT SY 1696 46 2531.604 UTTER THROUGH DRIVEWAY SY 12 47 2540.602 INSTALL SALVAGED MAILBOX & SUPPORT EACH 1 48 2540.603V INSTALL SALVAGED MODULAR BLOCK RETAINING WALL LF 69 I(< 40.603 INSTALL SALVAGED BRICK LANDSCAPE EDGING LF 70 50 2540.603 INSTALL SALVAGED ROCK LANDSCAPE EDGING LF 242 51 2540.618 INSTALL SALVAGED BRICK PAVERS (DRIVEWAY) SF 219 PF-Q 541 Proposal Form Line Est. No. Item No. Description Unit Quantity 52 2540.618 INSTALL SALVAGED BRICK PAVERS (WALK) SF 35 53 2557.603 INSTALL SALVAGED SPLIT RAIL WOOD FENCE LF 84 54 2557.603 INSTALL SALVAGED CHAIN LINK FENCE 55 2563.601 TRAFFIC CONTROL 56 2564.602 F & I STREET NAME SIGN 57 2564.602 INSTALL SALVAGED SIGN 58 2564.618 F & I SIGN PANELS TYPE C LF 23 LS 1 Aftk E CH 3 98.5 59 2571.602 SHRUB AS SPECIFIED S 8 60 2571.602 TREE AS SPECIFIED 52 61 2572.603 TEMPORARY TREE PROTECTION 400 62 2573.501 STABILIZED CONSTRUCTION EXIT LS 1 63 2573.501 EROSION CONTROL SUPERV(` R LS 1 64 2575.603 F&I LANDSCAPE EDGING "' ` LF 352 65 2575.604 SODDING TYP ( /4" T OIL) SY 17860 66 2575.604 MULCH M A PIES P ' THICK) SY 237 67 2575.609 LANDS P ROCK (TYPx MULCH) TON 5 68 2582.503 24 D LINE M�P (WHITE) LF 24 69 2582.503 24" SOLID LINE MULTI COMP (YELLOW) LF 12 70 2582.503 4" SOLID LINE MULTI COMP (YELLOW) LF 500 71 2582.°51 CROSSWALK MULTI COMP GR IN SF 240 TOTAL SECTION A: STR (BASE BID) SECTION B: STORM SEWER (BASE BID) 72 210 0 REMOVE CASTING AND COVER EACH 41 7 �02 REMOVE DRAINAGE STRUCTURE EACH 41 74 2104.503 REMOVE SEWER PIPE (STORM) LF 2688 75 2104.603 ABANDON STORM SEWER PIPE LF 67 PF-10 542 Proposal Form Line Est. No. Item No. Description Unit Quantity 76 2108.604 GEOTEXTILE FABRIC, TYPE V SY 1120 77 2123.611 STREET SWEEPING (W/ PICKUP BROOM) DAY 20 78 2451.509 COARSE FILTER AGGREGATE (DRAINTILE) TON 448 79 2451.609 CRUSHED ROCK FOR STABILIZATION TON 94 80 2501.602 15" RC PIPE APRON W/ TRASH GUARD EACH 81 2502.503 6 PERF PVC PIPE DRAIN W/ SOCK 82 2502.602 83 2503.503 84 2503.503 85 2503.503 86 87 88 0 6" PVC PIPE DRAIN CLEANOUT CH 47 12" PVC PIPE SEWER (C900) LF 184 12" RC PIPE SEWER DES 3006 CL V 20 0 15" RC PIPE SEWER DES 3006 CL 1532 Am 18" RC PIPE SEWER DES 3006 CL II LF 1741 2503.503 21" RC PIPE SEWER DES II LF 82 2503.503 27" RC PIPE SEWER D CL II ` LF 16 89 2503.503 4" PVC PIPE SEWE DR-35 90 2503.503 6" PVC PIPE SEWER SDR-3 91 2503.602 CONN EXISTING STORM SEWER PIPE 92 2506.502 AJ FjME A RING CASTING 93 2506.502 ONSTRU HEAD 94 2506. 02 CONST DRN IfNE DESIGN K 95 CT DRAINAGE STRUCTURE DES SPECIAL (48" BAV OUTLET) 96 2506.502 NST DRAINAGE STRUCTURE DES SPECIAL (84" IVERSION) 2503.503 97 2 .502 98 06 2 06.502 100 2506.602 CONST DRAINAGE STRUCTURE DES 60-4020 CONST DRAINAGE STRUCTURE DES 48-4020 LF LF EACH EACH EACH EACH EACH EACH EACH EACH 1320 7753 5 4 6 13 1 1 1 35 CONST DRAINAGE STRUCTURE DES 48-4020 W/ SUMP EACH 2 F & I CASTING ASSEMBLY (NEENAH R-1733) EACH 6 PF-1 1 543 Proposal Form Line Est. No. Item No. Description Unit Quantity 101 2506.602 F & I CASTING ASSEMBLY (MCDONALD 74M "A" SERIES) EACH 47 102 2506.602 F & I CASTING ASSEMBLY (NEENAH R-3067-1) EACH 46 EACH 91 LF :..k 5 6 4 SECTION C: WATER MAIN (BASE BID) 103 2573.502 STORM DRAIN INLET PROTECTION 104 2573.503 SEDIMENT CONTROL LOG TYPE STRAW 105 SPEC PROV. F & I MANHOLE BAFFLE TOTAL SECTION B: STORM SEWER (BASE BID) 106 107 108 109 110 111 112 113 114 115 116 117 118 2104.502 REMOVE GATE VALVE AND BOX EA 25 2104.502 REMOVE VALVE MANHOLE ` EACH 3 2104.502 REMOVE HYDRANT 2104.503 REMOVE WATER SERVICE PIPE 2104.503 REMOVE WATER I P 2104.503 ABANDON W E N PIP L 2504.601 TEMPORATER SYSTEM 2504.602 FIRFY T MA ER 2504.602 1" CORPORAT 2504.602.._ NNECT O 1 TING WATERMAIN 2504.602 j F & I HYDRANT 2504.602 ST LESS STEEL SERVICE SADDLE 2504.602 ST VALVE BOX - WATER 120 2504.602 0 121 2504.602 122 2504.602 EACH LF LF LF LS EACH EACH EACH EACH EACH EACH 10 2122 3781 3097 1 16 83 8 16 83 1 1" CURB STOP AND BOX EACH 83 F&I CASTING ASSEMBLY (DWY CURB STOP) EACH 7 6" GATE VALVE AND BOX EACH 17 8" GATE VALVE AND BOX EACH 19 123 2504.602 12" GATE VALVE AND BOX EACH 8 PF-12 544 Proposal Form Line Est. No. Item No. Description Unit Quantity 124 2504.603 1" SIDR 7 PE WATER SERVICE PIPE LF 2366 125 2504.603 6" PVC WATERMAIN (C900) 126 2504.603 8" PVC WATERMAIN (C900) 127 2504.603 12" PVC WATERMAIN (C900) 128 2504.604 4" POLYSTYRENE INSULATION 129 2504.608 DUCTILE IRON FITTINGS (EPDXY COATED) TOTAL SECTION C: WATER MAIN (BASE BID) LF 160 LF 5165 LF 1510 S 4 SECTION D: SANITARY SEWER (BASE BID) 130 2104.602 REMOVE CASTING FRAME ACH 26 131 2104.602 SALVAGE COVER EACH 26 132 2104.602 REMOVE SANITARY STRUCTURE EACH 2 133 2104.602 F & I CASTING FRAME (NE A R-1733 FRAME) EACH 26 134 2104.602 F & I CASTING FRAME H R-1733-1 FRAME) LOW PROFILE (4") EACH 2 135 2104.602 F & I CASTING ASSEMBLY (MCDONALD 74M "A" SERIES) EACH 2 136 2104.603 REMO ER PIPE` LF 200 137 2452.602 H ST PI ® EACH 1 138 2452.603 ^ELICAL PI LF 760 139 2502.60 6" PVC PIPE DRAIN CLEANOUT EACH 2 140 2502. 8" VC WYE (SDR 26) EACH 2 141 2503.602 AQ,0NNECT TO EXISTING SANITARY SEWER SERVICE EACH 2 142 2503.602 CONNECT TO EXISTING SANITARY SEWER EACH 5 143 2503.603 6" PVC PIPE SEWER (SDR 26) (SERVICE) LF 74 144 NV03�'6 8" PVC PIPE SEWER (SDR 35) LF 85 03.603 8" DUCTILE IRON PIPE SEWER CL 52 LF 80 146 2503.603 CLEAN PIPE SEWER LF 5794 147 2506.602 INSTALL SALVAGED COVER EACH 26 PF-1? 545 Proposal Form Line Est. No. Item No. Description Unit Quantity 148 2506.602 CONNECT TO EXISTING STRUCTURE (SANITARY) EACH 1 149 2506.502 CONST MANHOLE STRUCTURE DES 48-4020 EACH 4 150 2506.603 RECONSTRUCT MANHOLE STRUCTURE LF 29.35 TOTAL SECTION D: SANITARY SEWER (BASE BID) SECTION E: IRON -ENHANCED FILTRATION BASIN (BASE BID) 151 2106.507 EXCAVATION COMMON (EV) (P) 3 152 2106.507 COMMON EMBANKMENT (CV) 1782 153 2106.609 SELECT GRANULAR BORROW (5% MOD) T 688 154 2108.604 GEOMEMBRANE SYSTEM 1382 155 2108.604 GEOTEXTILE FABRIC, TYPE IV 40( 22 156 2108.604 GEOTEXTILE FABRIC, TYPE V SY 463 157 2211.509 AGGREGATE BASE, CLAS TON 27 158 2451.509 COARSE FILTER AGGREGATE TON 18 159 2451.609 SPECIAL FILT R ATE 89tSEE TON 12 160 2451.607 FINE FILTER AGGREGATE ( CY 158 161 2502.603 6" PER PIPE DRAIN W1 SOCK LF 347 162 2502.602 6"�[ IPE DRAIN L NOUT EACH 8 163 2502.602 5" INNLLINE C" VALVE EACH 1 164 2502. 02 " GATE VA VE ND BOX EACH 4 165 250A%50 64VC PIPE SEWER SDR-35 LF 49 166 2511 607 N'ANDOM RIPRAP CLASS III (FIELD STONE) CY 5 167 2515.604 ARTICULATED BLOCK MAT OPEN CELL TYPE A (6" THICK) SY 40 168 2571.602 TREE AS SPECIFIED TREE 3 169 2573.503 SEDIMENT CONTROL LOG TYPE STRAW LF 174 170 2573.503 SILT FENCE, TYPE MS LF 300 171 2574.607 COMMON TOPSOIL BORROW (CV) CY 260 PF-1-4 546 Proposal Form Line Est. No. Item No. Description Unit Quantity 172 2574.601 IRON FILINGS (5%) TON 12 173 2575.504 ROLLED EROSION PREVENTION CATEGORY 10 (BASIN BOTTOM) SY 476 174 2575.504 ROLLED EROSION PREVENTION CATEGORY 20 (BASIN SIDES) SY 1367 175 2575.604 SEEDING - MnDOT 34-181 - BASIN BOTTOM SY 47 176 2575.604 SEEDING - MnDOT 33-261 - BASIN SIDES SY 177 2575.604 SEEDING - MnDOT 25-131 - LOW MAINTENANCE TURF Y 78 TOTAL SECTION E: IRON -ENHANCED FILTRATION BASIN (BASE BID) w SECTION F: SANITARY SEWER MAINLINE LINING (BID ALTERNATE►) 178 2503.603 LINING SEWER PIPE 8" F 302 179 2503.603 LINING SEWER PIPE 9" LF 5492 TOTAL SECTION F: SANITARY SEWER MAINLIN . LI ID A TE A) ak SECTION G: SANITARY SEWER SERVICE WYE SE NG VI ACKER INJECTION METHOD (BID ALTERNATE B) 180 SPEC PROV CHEMICAL G GAL 410 181 SPEC PROV SEAL 8" MAIN 6- LATE RA LADDER EACH 2 182 SPEC PROV SEAL 9 XL'% TO 6" LA W/ 3' BLADDER EACH 80 TOTAL SECTION G: SANI SEWER E SEALING VIA GROUT PACKER INJECTION METHOD (BID ALTERN TEE SECTION H: SA ER E L NERS (BID ALTERNATE C) 183 SPEC O SE E WYE LINER - 8" MAIN X 6" WYE EACH 2 184 S C PROV SE CE WYE LINER - 9" MAIN X 6" WYE EACH 80 TOTAL SECTION : S I RY SEWER WYE LINERS (BID ALTERNATE C) PF-1 5 547 Proposal Form Accompanying this proposal is the Bid Security, which under the contract documents, is subject to forfeiture in the event of default by the undersigned. In submitting this proposal, the undersigned acknowledges that the City reserves the right to reject any or all proposals and to waive informalities. This proposal may not be withdrawn after the opening of proposals, and shall be subject to acceptance by the City for a period of forty-five (45) calendar days from the opening thereof. If Bidder is a corporation or company, provide the State of incorporation: If Bidder is a partnership, state full name of all co-partners: Proposal Submitted by (please print): Company Name: Address: City, State, Zip: Email Address for Contact Person: By: Title By: Title Telephone: Date: PF-1 F 548 AFFIDAVIT AND INFORMATION REQUIRED OF BIDDERS AFFIDAVIT OF NON -COLLUSION: I hereby swear or affirm under penalty of perjury: 1. That I am the Bidder (if the bidder is an individual), a partner in the Bidder (if the Bidder is a partnership), or an officer or employee of the bidding corporation or company having authority to sign on its behalf (if the Bidder is a corporation or company). 2. That the attached bid or bids have been arrived at by the Bidder independently, and have been submitted without collusion and without any agreement, understanding, or planned common course of action with any other vendor of materials, supplies, equipment or services described in the invitation to bid, designed to limit independent bidding or competition. 3. That the contents of the Bid or Bids have not been communicated by the Bidder or its employees or agents to any person not an employee or agent of the Bidder or its surety on any bond furnished with the Bid or Bids, and will not be communicated to any such person prior to the official opening of the Bid or Bids; and 4. That I have fully informed myself regarding the accuracy of the statements made in this affidavit. Signature Firm Name Subscribed and sworn to before me on this day of , 2023. Notary Public. My Commission expires: Bidder Employee Identification Number: (Number used on Employer Quarterly Federal Tax Return, U.S. Treasury Department Form No. 941) Rev. 02/11 AN-C-1 549 550 ACCEPTANCE OF LIQUIDATED DAMAGE RATE Due to the difficulty of proving damages caused by not completing this project within the specified times, the undersigned company ("Contractor") agrees that the amounts listed below (the "Liquidated Damages") are appropriate and fair amounts for actual damages. Contractor hereby stipulates that the Liquidated Damages shall apply in the event that the contract work is not completed within the specified times as outlined here and in the Special Provisions: Failure to have all of the required work completed by the final completion date shall result in the City charging the Contractor, and withholding from any monies due, liquidated damages in the amount of $2,000 per calendar day until all work is completed. Liquidated damages as described here shall be withheld from money due to the Contractor when Work is not completed within the Contract time. Company Name: Date: By: Title: \\sehinc.com\panzura\pzprojects\FJ\G\GOLDV\163344\5-final-dsgn\52-specs-proj-man\06 - Accep Liquidated Damage Rate. DOCX ALD-1 551 552 EMPLOYMENT CERTIFICATE OF COMPLIANCE I hereby certify that ("Bidder") is in compliance with Minnesota Statutes Section 363 as amended and (check one of the two below, as applicable): Has a certificate of compliance issued by the Department of Human Rights. Has applied for a certificate of compliance to the Commissioner of Human Rights, which is pending. I also certify that Bidder, and all of its subcontractors, are in compliance as applicable, with Federal Executive Order 11246, September 24, 1965 as amended by Executive Order 11375, October 13, 1967 and U.S. Department of Labor Regulations (41 CFR Part 60), and will not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. I also certify that Bidder, and all of its subcontractors, shall take affirmative action to ensure that applicants for employment are employed, and that employees are treated during employment, without regard to their race, color, religion, sex, or national origin. Such action includes, and is not limited to, the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; and layoff or training, including apprenticeship. Bidder and its subcontractors have posted approved notices setting forth the provisions of this nondiscrimination clause in a place visible to employees and applicants for employment. Bidder and its subcontractors also assure that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex or national origin. Bidder, and all of its subcontractors, shall, upon request, provide access to the City, the State of Minnesota, the Comptroller General of the United States, or any of their duly authorized representatives, any books, documents, papers, and records which are directly pertinent to this contract for the purpose of conducting an audit, examination, excerpts, and transcriptions. Bidder, and all of its subcontractors, shall retain all required records for three (3) years after final payment and all other pending matters are closed on this project. Signature of Bidder Title Name of Company Date 20 CC-1 553 554 CITY OF GOLDEN VALLEY RESPONSIBLE CONTRACTOR CERTIFICATE Applies to all prime contracts in excess of $50,000 A responsible contractor is defined in Minnesota Statutes §16C.285, subdivision 3. Any prime contractor or subcontractor who does not meet the minimum criteria under Minnesota Statutes §16C.285, subdivision 3, or who fails to verify that it meets those criteria, is not a responsible contractor and is not eligible to be awarded a construction contract for the project or to perform work on the project. A false statement under oath verifying compliance with any of the minimum criteria shall render the prime contractor or subcontractor that makes the false statement ineligible to be awarded a construction contract for the project and may result in termination of a contract awarded to a prime contractor or subcontractor that makes a false statement. Before execution of a construction contract, a prime contractor shall submit a verification under oath confirming that all subcontractors that the prime contractor intends to use to perform the project work have verified to the prime contractor, through a signed statement under oath by an owner or officer, that they meet the minimum criteria for a responsible contract. By signing this statement 1 (typed or printed name), (title) certify that I am an owner or officer of the company and do verify under oath that my company is in compliance with each of the minimum criteria listed in the law. Signed: (name of the person, partnership or corporation submitting this proposal) (business address) (bidder or authorized representative) Date 9-1 555 556 CONTRACT NO. 23-01 AGREEMENT FOR THE 2023 PAVEMENT MANAGEMENT PROJECT NO. 23-01 THIS AGREEMENT (this "Agreement"), entered into the day of , 20 between the City of Golden Valley (the "City"), a municipal corporation, existing under the laws of the State of Minnesota, and a , under the laws of ("Contractor"). ARTICLE 1. The Contract Documents. The Contract Documents consist of: this Agreement, the Proposal and Bid of the Contractor, the Contractor's Bonds, the General Conditions, Special Conditions and any supplementary conditions, drawings, plans, Specifications, addenda issued prior to execution of this Agreement, other documents listed herein or in any of the foregoing documents, and Modifications of the same issued after execution of this Agreement (collectively the "Contract" or "Contract Documents"). A Modification is (1) a written amendment to the Contract signed by both parties, (2) a Change Order, (3) a Construction Change Directive, or (4) a written order for a minor change in the Work issued by the Engineer. In the event of a conflict among the various provisions of the Contract Documents, the terms shall be interpreted in the following order of priority: 1. Modifications to the Contract 2. This Agreement 3. Special Conditions 4. General Conditions Drawings shall control over Specifications, and detail in drawings shall control over large-scale drawings. All capitalized terms used and not otherwise defined in this Agreement, but defined elsewhere in the Contract Documents, shall have the meaning set forth in the Contract Documents. ARTICLE 2. The Work. Contractor, for good and valuable consideration the sufficiency of which is hereby acknowledged, covenants and agrees to furnish all materials, all necessary tools and equipment, and to do and perform all work and labor necessary for 2023 Pavement Management Program (23-01) (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. FC-1 557 ARTICLE 3. Contract Price. The City shall pay the Contractor the Contract Price in current funds for the Contractor's performance of the Contract. The Contract Price shall be $ subject to additions and deductions as provided in the Contract Documents. Installment payments, if any, on account of the Work shall be made in accordance with the provisions of the General Conditions. Final payment shall be due and payable on or before thirty (30) days after issuance of a Certificate of Final Completion issued by the City Engineer confirming that the Work has been fully completed and Contractor's obligations fully performed by Contractor. ARTICLE 4. Contractor's Bonds. Contractor shall make, execute and deliver to the City corporate surety bonds in a form approved by the City, in the sum of $ for the use of the City and of all persons furnishing labor, skill, tools, machinery or materials to the Project. Said bonds shall secure the faithful performance and payment of the Contract by the Contractor and shall be conditioned as required by law. This Agreement shall not become effective unless and until said bonds have been received and approved by the City. ARTICLE 5. Acceptance of the Work. The City, through its authorized agents, shall be the sole and final judge of the fitness of the Work and its acceptability. ARTICLE 6. Records. Contractor shall keep as complete, exact and accurate an account of the labor and materials used in the execution of the Work as is possible, and shall submit and make this information available as maybe requested by the City. ARTICLE 7. Payment. All payments to Contractor shall be made payable to the order of , and the City does not assume and shall not have any responsibility for the allocation of payments or obligations of the Contractor to third parties. ARTICLE 8. Cancellation Prior to Execution. The City reserves the right, without liability, to cancel the award of the Contract at any time before the execution of the Contract by all parties. ARTICLE 9. 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, FC - 2 558 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. 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 AN Shepard M. Harris, Mayor Timothy J. Cruikshank, City Manager CONTRACTOR ITS FC - 3 559 560 1. 2. 3. 4. 5. 6. 7. 8. 9. 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 SPECIAL CONDITIONS TABLE OF CONTENTS PAGE GENERAL............................................................................................................................1 PROJECT DESCRIPTION...................................................................................................1 QUALIFICATIONS OF BIDDER...........................................................................................2 STARTING AND COMPLETION TIME................................................................................2 SCHEDULE AND CONSTRUCTION PHASING..................................................................3 SPECIFICATIONS WHICH APPLY.....................................................................................4 REFERENCE.......................................................................................................................4 PRE -CONSTRUCTION CONFERENCE.............................................................................4 CONSTRUCTION MEETINGS............................................................................................5 SUPERVISION OF WORK..................................................................................................5 EMERGENCY CONTACTS.................................................................................................6 RESIDENT PROJECT REPRESENTATIVE........................................................................6 SITECONDITIONS..............................................................................................................6 MAINTENANCE OF EXISTING CITY UTILITIES................................................................6 CONSTRUCTION STAKING...............................................................................................7 QUALITY CONTROL AND QUALITY ASSURANCE TESTING..........................................7 PROJECT ACCESS AND STAGING AREA........................................................................8 UTILITY CONFLICTS..........................................................................................................8 EASEMENTS AND PERMITS.............................................................................................9 DRIVEWAY CONSTRUCTION ON PRIVATE PROPERTY..............................................10 MEASUREMENT AND PAYMENT....................................................................................11 TREE AND LANDSCAPE PRESERVATION.....................................................................11 RESPONSIBILITY FOR DAMAGE CLAIMS(1714)...........................................................12 MOBILIZATION (2021)......................................................................................................12 CLEARING AND GRUBBING(2101).................................................................................12 REMOVALS AND SALVAGES (2104)...............................................................................13 ABANDON SEWER PIPE (STORM) (2104)......................................................................17 ABANDON WATER MAIN(2104)......................................................................................17 SAWING CONCRETE AND BITUMINOUS PAVEMENT (2104).......................................17 EXCAVATION AND EMBANKMENT(2106)......................................................................18 GEOSYNTHETIC CONSTRUCTION MATERIALS (2108)................................................20 CONTAMINATED AND DEBRIS -IMPACTED SOIL..........................................................20 WATER USE ON PROJECT (2130)..................................................................................23 AGGREGATE BASE (2211)..............................................................................................23 SC-i 561 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 SPECIAL CONDITIONS TABLE OF CONTENTS DRILL AND GROUT REINFORCEMENT BAR (EPDXY COATED) (2301) ......................23 JOINT ADHESIVE (MASTIC) (2331).................................................................................24 PLANT MIXED BITUMINOUS MIXTURES(2360).............................................................26 PIPE BEDDING (2451)......................................................................................................28 CRUSHED ROCK FOR STABILIZATION (2451)..............................................................28 COARSE FILTER AGGREGATE (2451)...........................................................................28 SPECIAL FILTER AGGREGATE - #89 STONE(2451).....................................................28 HELICAL PILING(2452)....................................................................................................29 PIPE SEWERS(2503).......................................................................................................35 WATER MAIN CONSTRUCTION(2504)...........................................................................37 CORPORATION STOPS(2504)........................................................................................38 CURB STOP AND BOX(2504)..........................................................................................38 WATER SERVICE PIPE(2504).........................................................................................38 SERVICESADDLE............................................................................................................38 TEMPORARY WATER SYSTEM.......................................................................................38 FURNISH AND INSTALL HYDRANT (2504).....................................................................39 FIRE HYDRANT MARKERS (2504)..................................................................................39 CONNECT TO EXISTING WATER MAIN (2504)..............................................................39 ADJUST GATE VALVE BOX(2504)..................................................................................39 GATE VALVE AND BOX (2504)........................................................................................39 DUCTILE IRON FITTINGS(2504).....................................................................................40 4" POLYSTYRENE INSULATION (2504)..........................................................................40 MANHOLES AND CATCH BASINS (2506).......................................................................40 FURNISH AND INSTALL MANHOLE BAFFLE..................................................................41 IRON -ENHANCED SAND FILTERS(2502):......................................................................43 FURNISH AND INSTALL DIVERSION STRUCTURE SPECIAL(2506)............................47 FURNISH AND INSTALL OUTLET CONTROL STRUCTURE SPECIAL (2506)...............47 FURNISH AND INSTALL CASTING ASSEMBLY (2506)..................................................47 FURNISH AND INSTALL CASTING FRAME (NEENAH R-1733 FRAME) (2506) ............48 INSTALL SALVAGED COVER(2506)...............................................................................48 RECONSTRUCT MANHOLE STRUCTURE (2506)..........................................................48 CONSTRUCT BULKHEAD(2506).....................................................................................49 ADJUST FRAME & RING CASTING(2506)......................................................................49 RANDOM RIPRAP (2511).................................................................................................49 SC-ii 562 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 88 89 90 91 92 93 94 95 96 97 98 SPECIAL CONDITIONS TABLE OF CONTENTS ARTICULATED BLOCK MAT(2515):................................................................................49 WALKS(2521)...................................................................................................................50 CONCRETE CURB AND GUTTER(2531)........................................................................51 36" GUTTER THROUGH DRIVEWAY (2531)...................................................................51 CONCRETE DRIVEWAY PAVEMENT(2531)...................................................................51 INSTALL SALVAGED MAILBOX AND SUPPORT(2540).................................................52 INSTALL SALVAGED RETAINING WALLS(2540)...........................................................52 INSTALL SALVAGED LANDSCAPE MATERIALS(2540).................................................53 INSTALL SALVAGED BRICK PAVERS (DRIVEWAY OR WALK)(2540).........................53 INSTALL SALVAGED SPLIT RAIL WOOD FENCE(2557)...............................................53 INSTALL SALVAGED CHAIN LINK FENCE (2557)..........................................................53 INSTALL SALVAGED BRICK OR ROCK LANDSCAPE EDGING (2540) .........................54 TRAFFIC CONTROL AND MAINTENANCE (2563)..........................................................54 INSTALL SALVAGED SIGNS(2564).................................................................................55 FURNISH AND INSTALL SIGN TYPE C(2564)................................................................55 FURNISH AND INSTALL STREET NAME SIGN (2564)...................................................56 TREES AND SHRUBS AS SPECIFIED (2571).................................................................57 TEMPORARY TREE PROTECTION FENCING(2572).....................................................58 EROSION AND SEDIMENTATION CONTROL (2573).....................................................58 TURF ESTABLISHMENT (2575).......................................................................................59 LANDSCAPE EDGING(2575)...........................................................................................61 MULCH MATERIAL(2575)................................................................................................61 PAVEMENT MARKINGS(2582)........................................................................................61 RESTORATION.................................................................................................................62 CLEAN PIPE SEWER........................................................................................................62 SANITARY SEWER MAIN REPAIR...................................................................................62 SANITARY SEWER SERVICE WYE SEALING VIA GROUT PACKER INJECTION METHOD (BID ALTERNATE B).........................................................................................67 SANITARY SEWER SERVICE WYE LINING (BID ALTERNATE C).................................78 SANITARY SEWER SERVICE REPLACEMENT PROGRAM...........................................88 PROCEDURES IN THE EVENT OF A SEWAGE SPILL...................................................88 SC-iii 563 SPECIAL CONDITIONS CITY OF GOLDEN VALLEY FOR CITY PROJECT NO. 23-01 2023 PAVEMENT MANAGEMENT PROJECT BID OPENING: January 31, 2023 10:00 am CST GENERAL: Instructions to Bidders and General Conditions as embodied in these Contract Documents shall apply except as modified or supplemented in these Special Conditions. 2. PROJECT DESCRIPTION: The contract Work includes for the reconstruction of the streets in Golden Valley within the following boundaries: 2023 Pavement Management Project Area: 23rd Avenue North (Xylon Avenue North to Winnetka Avenue North), Wisconsin Avenue North (23rd Avenue North to Orkla Drive), Valders Avenue North (23rd Avenue North to Wynnwood Road), Wynnwood Road (Valders Avenue North to Orkla Drive), Orkla Drive (Wynnwood Road to Medicine Lake Road), Bies Drive (Wynnwood Road to 25th Avenue North), 25th Avenue North (Orkla Drive to Valders Avenue North), Valders Avenue North (25th Avenue North to Jonellen Lane), Jonellen Lane (to Bies Drive to Valders Avenue North). The Work will include, but is not limited to, the following: Removal of bituminous pavement. Also, water main replacement, sanitary sewer lining, spot sewer replacement with helical piles, subgrade preparation, installation of storm sewers, iron -enhanced sand filtration basin, aggregate base, granular borrow, bituminous pavement, concrete pedestrian ramps, concrete walk, concrete curb and gutter, landscaping, restoration, and utility repairs. This project has three bid alternates: Bid Alternate A includes bid items for mainline sanitary sewer lining utilizing a Cured -in -Place Pipe (CIPP) liner. These items are listed on Section F (Sanitary Sewer Main Line Lining) on the SEQ of the Plan and Bid Form. Refer to the Specifications for additional details Bid Alternate B includes bid items for service wye sealing. These items are listed on Section G (Sanitary Sewer Service Wye Sealing Via Grout Packer Injection Method) on the SEQ of the Plan and Bid Form. Refer to the Specifications for additional details. Bid Alternate C includes bid items for service wye lining utilizing a Cured - in -Place Pipe (CIPP) liner. These items are listed on Section H (Sanitary Sewer Service Wye Liners) on the SEQ of the Plan and Bid Form. Refer to the Specifications for additional details. SC-1 564 The City has the right to accept or reject Bid Alternates A, B, or C at its discretion or any combination thereof. See the Plans for more detailed information on the locations. 3. QUALIFICATIONS OF BIDDER: Bidders are required to submit evidence that they have practical knowledge of the particular work bid upon, and that they have the financial resources to complete the proposed Work. Failure on the part of any Bidder to carry out previous contracts satisfactorily or any bidder's lack of experience or equipment necessary for the satisfactory and timely completion of this Project may be deemed sufficient cause for disqualification of said Bidder. Please refer to Instructions to Bidders and Contractor's Questionnaire regarding other Bidder Qualification Requirements. Bidders who will require more than fifty percent (50%) of the Work value to be performed by subcontractors will be deemed unqualified to perform the Work. Bidder must submit subcontractor list with their anticipated items of work and value. The following Contract items shall be considered specialty items and will not be included in the fifty percent (50%) requirement as stated in the Qualifications of Bidders Section of the Instructions to Bidders: Item No. Item 2563.601 Traffic Control 2503.603 Sewer Pipe Lining Spec. Provisions Service Wye Grouting I Service Wye Lining (Alt. Bid) 4. STARTING AND COMPLETION TIME: Contractor shall furnish all required bonds and insurance within one (1) week of the award of the Contract by the Golden Valley City Council. Work shall begin within one week following the issuance of the Notice to Proceed. All Work under this Contract must be Substantially Completed no later than September 29, 2023 (the "Contract Time"), and be completed and ready for final payment in accordance with Section I, Paragraph U. of the General Conditions on or before June 28, 2024 (the "Contract Time"). Contractor shall prosecute the Work continuously and effectively, with the least possible delay, to the end that all Work is completed within the Contract Time. The City is entitled to damages for failure of the Contractor to complete the Work within the Contract Time. In view of the difficulty in making a precise determination of actual damages incurred, the City will assess a daily charge not as a penalty but as liquidated damages to compensate the City for additional costs incurred. Failure to substantially complete the Work by the Contract Time shall result in the City charging Contractor, and withholding any monies due as liquidated damages, the amount of $2,000 per calendar day until all Work is completed. If Contractor is delayed for any reason in the commencement or performance of the Work, to the extent such delay will prevent the Contractor from completing SC-2 565 the Work (or any portion thereof) within the Contract Time, Contractor's sole remedy for such delay shall be an extension of the Contract Time. All such extension requests shall be made according to the requirements and procedures set forth in Division I, 1806 (Determination and Extension of Contract Time) and 1403 (Notification for Contract Revisions) of the MnDOT shall apply, except as modified or supplemented in these Special Conditions. Without limiting the foregoing, if a conflict arises with existing private utilities during the commencement or performance of the Work, Contractor shall proceed to work in areas without such conflict until the conflicts are resolved. It is the express understanding of the parties with regard to all Work that Contractor will undertake its performance in a manner to avoid or minimize any delays that may result from private utility conflicts or any other possible causes of delay. 5. SCHEDULE AND CONSTRUCTION PHASING: Contractor shall schedule its work to minimize inconvenience to residents. This project shall be divided into three (3) areas for project scheduling. This Work must be completed according to the following phasing requirements. Contractor shall submit to the Engineer for review and approval, a detailed critical path phasing plan and schedule a minimum of one (1) week before the pre -construction conference. The schedule must detail all controlling operations. The following requirements/operations must be included in this plan: A. Installation of sanitary sewer liners (mains and services) before installation of wear course. Once the existing pavement is removed on a street, work must proceed in a continuous manner until it is completed. Contractor must schedule the Work to avoid time when there is no work progressing on any given street. B. Driveway replacement within the required time constraints. C. Landscape restoration within the required time constraints. D. Completion of the Project by the specified dates. E. Once Contractor has raised all castings to their final grade, it must allow two (2) weeks in each area for City staff to televise existing and new sewers before the wear course is placed. Contractor shall ensure that all work on sewer manholes, catch basins and sewer lines is completed, and they are cleaned to the Engineer's satisfaction before any televising is performed. If the sewers are determined, at any time during televising operations, to need any additional cleaning, the City will, at their discretion, clean them with their own staff (at $500/hour with a four- hour minimum) or retain a cleaning service to perform cleaning on all sewers remaining to be televised. All costs for such cleaning will be billed to the Contractor or withheld from monies due. SC-3 566 Working hours for this project shall be limited to 7:00 a.m. to 7:00 p.m., Monday through Saturday, except as otherwise stated in the Contract Documents, unless approved in writing by the City Engineer. Contractor shall schedule its work to comply with this requirement. Contractor shall perform some Work at times other than those indicated if the Engineer deems it is in the best interest of the City and the property owners affected. No claims for extra compensation will be considered for complying with this requirement. 6. SPECIFICATIONS WHICH APPLY: The Specifications which apply to the Work shown in the Plans shall be as follows: A. These Special Conditions. B. Standard Utilities Specifications for Watermain and Service Line Installation, Sanitary Sewer and Storm Sewer Installation, and Trench Excavation and Backfill/Surface Restoration, Revised 2018, as prepared by the City Engineers Association of Minnesota (CEAM) and published by the League of Minnesota Cities, St. Paul, Minnesota, except as modified or supplemented in these Special Conditions. Copies of the Standard Utilities Specifications are available from the Minnesota Society of Professional Engineers by calling 651.292.8860, or from the CEAM website at http.//ceam.org/. C. Division I, 1507 (Utility Property and Service) and Division I, 1512 (Unacceptable and unauthorized work) of the MnDOT Specification shall apply, except as modified or supplemented herein. D. Division II (Construction Details) and Division III (Materials) of the MnDOT Specification shall apply, except as modified or supplemented herein. 7. REFERENCE: All references in the Specifications and Special Conditions to "MnDOT Specification" are intended to mean the Minnesota Department of Transportation's "Standard Specifications for Construction," 2020 Edition, and its supplements. All reference therein to the State, the Department, the Department of Transportation of the State of Minnesota and the Commissioner shall be read as reference to the City. 8. PRE -CONSTRUCTION CONFERENCE: Prior to the beginning of construction operations, a pre -construction conference shall be held, and shall be attended by the authorized representatives of the City, the Engineer in charge of the Project, utility companies and persons of the contracting firm or firms who will have direct responsibility for workmanship and/or materials used on the Project. The conference will disclose all aspects for execution and schedule of the Work. Agreement on any and all questionable measurements, materials, methods or other matters shall be made at this conference. SC-4 567 0 Contractor shall submit the following at the preconstruction conference: • Critical path phasing plan and schedule, which details all controlling operations. This shall be submitted a minimum of one (1) week before the pre -construction conference. ■ General project contact information including emergency contacts ■ Subcontractor list (discussed under Section 3 of these Special Conditions) ■ Material supplier list ■ Shop drawings ■ Traffic Control plan CONSTRUCTION MEETINGS: Contractor shall be required to attend weekly construction meetings scheduled for 9:00 a.m. on Wednesdays at Golden Valley City Hall. Contractor must submit the following at each meeting: ■ A two -week Critical Path schedule of work bar graph/Gantt chart showing the two -week work plan ■ The overall project schedule ■ Erosion Control Inspection Forms (see Erosion & Sedimentation Control Section in these Specifications) ■ Written documentation of performed street sweeping (see Erosion & Sedimentation Control Section in these Specifications) ■ A written request for any extra work The Project Schedule information will be included in a newsletter distributed to residents in the Project area updating them of the progress and expected construction sequencing. Failure to submit an approved, detailed Critical Path Schedule as required shall result in the City withholding any monies due. In the event delays are experienced on the Project due to weather or conflicts with private utility company facilities, Contractor's schedule must detail extra efforts to put the construction back on schedule. 10. SUPERVISION OF WORK: Contractor shall provide a competent, reliable Superintendent to be present at all times when Work is in progress in accordance with Section 1506 of the MNDOT Standard Specifications for Construction and as modified herein. The Superintendent must be the full-time person identified in the Contractor Questionnaire with the Proposal, and shall act as Contractor's representative and supervise all of Contractors and subcontractors forces through all phases of operations of the Work. Contractor shall not replace the Superintendent without written authorization by the Engineer. The Superintendent shall not change with phases of the Work nor shall a subcontractor's superintendent act as the Contractor's Superintendent. Additionally, the Superintendent shall not be a working foreman of the Contractor or subcontractor. SC-5 568 The Superintendent shall have the authority to represent the Contractor in all issues that may arise during execution of the Work, and to obtain all the equipment and manpower needed to perform the Work as outlined in the Plans and as directed by the Engineer. All orders from the Engineer shall be directed to the Contractor through the Superintendent. 11. EMERGENCY CONTACTS: Contractor shall provide the City, at or before the pre -construction conference, with a list of emergency contacts. This list shall include a telephone number to contact the Project superintendent 24-hours a day until all of the Work is completed, as well as additional 24-hour emergency contacts for all subcontractors. 12. RESIDENT PROJECT REPRESENTATIVE: The Engineer shall designate an Inspector for this project. The Inspector shall have the same authority as that specified for the Inspector in MnDOT Specification 1510 and the General Conditions of these Specifications. The Contractor must direct all requests for extra compensation, or changes in scope or character of the Work through the Inspector to the Engineer. Failure to direct such initial requests may be cause for rejection of the request. In order to ensure all communication to residents on this project is uniform and complete, Contractor shall direct all communication to the City. Contractor shall, however, be responsible for disseminating daily construction notices, or other communication as directed by the Engineer, to the residents on a daily basis indicating construction operations and access conflicts. Failure to disseminate such information, as directed by the Engineer, shall be cause for the City to withhold all compensation due. 13. SITE CONDITIONS: Contractor shall be required to keep the Project site in a clean, orderly condition at all times. Littering of cans, bottles or other garbage/debris will not be tolerated. Contractor shall submit a plan to the Engineer for approval, for debris and waste disposal within the Project area. It shall include, but not be limited to, providing a dumpster for debris and waste materials. No removal items, spoil or aggregate piles will be allowed within rights -of -way overnight except by express, written consent of the Engineer. In the event piles are left in the rights -of -way at the end of the day, the City may, at its discretion and without prior notification to Contractor, remove all piles with its own or contracted forces. All costs associated with such removal shall be billed to Contractor or withheld from monies due. 14. MAINTENANCE OF EXISTING CITY UTILITIES: The City has cleaned and televised all sanitary sewer lines and storm sewer lines prior to construction. Sanitary sewer televising videos and reports are available for download at the following link: https://bit.ly/3UE6EeO SC-6 569 Contractor shall be responsible for keeping all utilities clean during construction including but not limited to gate valve stacks, utility lines, and manholes. In the event debris is found during the post -construction televising of sewers, the City may, at its discretion, clean all remaining sewers to be televised with its own or contracted forces. All costs associated with such cleaning shall be billed to Contractor or withheld from monies due. 15. CONSTRUCTION STAKING: The City, or its representative, will set construction stakes, lines, elevations and grades for this construction as deemed necessary by the Engineer. The stakes established by the City will constitute the field control Contractor will use to perform the Work. It will be Contractor's responsibility to request any additional staking necessary to perform the Work. Contractor's superintendent shall notify the Inspector a minimum of 48 hours in advance of the need for construction stakes. This advance notification requirement must be strictly adhered to. No claims for down time or delays in work due to Contractor's negligence to request staking as described will be permitted. Contractor shall be obligated to prepare the entire area to be staked before requesting staking. Failure to prepare the area to the Engineer's satisfaction shall result in staking delays until the area is prepared properly. No claims for lack of stakes or schedule delays will be considered that are due to not properly preparing such areas. Contractor shall be responsible for the preservation of all stakes and marks established by the City or its consultants. If the Engineer determines that construction stakes have been carelessly or willfully destroyed or disturbed by Contractor or by Contractor's lack of protection of the stakes, the cost of replacing the stakes will be deducted from monies due Contractor. The City will provide Contractor with written notice of violation of this Section one time. This written notice shall serve as notice of withholding of monies due Contractor so the City may recover its costs for failure to comply with this requirement. 16. QUALITY CONTROL AND QUALITY ASSURANCE TESTING: Contractor shall be responsible for quality control testing in accordance with the current Schedule for Material Testing found on the MnDOT website http://www.dot.state.mn.us/materials/lab.htmi, as amended in these Specifications. All costs for such testing shall be included in the unit prices for the items to be tested. All testing must be done by a laboratory experienced with the testing procedures required by MnDOT and approved by the Engineer. Certification of such experience shall be submitted to the Engineer at the pre -construction conference. Contractor shall also cooperate with the Engineer in collecting companion samples in accordance with MnDOT Specifications to verify Contractor's test results. Collecting companion samples shall be considered incidental for which SC-7 570 no direct compensation shall be made. The City will be responsible for testing such samples provided by Contractor at its cost. The Engineer shall contact Contractor so he may be represented during sampling, and assist as necessary. 17. PROJECT ACCESS AND STAGING AREA: Construction traffic access to the Project areas shall be limited to City streets being reconstructed under this project, and federal, state and county highways and City streets as approved by the Engineer, or as otherwise noted in the plans. The use of other non -designated routes shall be cause for ticketing. This requirement shall not waive Contractor's obligation to comply with existing statutes, local ordinances, or any other existing laws; nor shall it waive the governing authority from assigning penalty for violating such statutes, ordinances or laws. Construction staging area to be submitted and approved by the City. This requirement shall not waive Contractor's obligation to comply with existing statutes, local ordinances or any other existing laws; nor shall it waive the governing authority from assigning penalty for violating such statutes, ordinances or laws. No extra compensation will be allowed for extra construction costs due to these restrictions. 18. UTILITY CONFLICTS: In order to minimize inconvenience to adjacent property owners and expedite the Project, Contractor shall be expected to coordinate its efforts with the private utility companies so the Work can be done in a timely manner. Contractor shall schedule or redirect its Work to ensure that utility company relocates, installations and/or removals do not impede progress of the Project. Contractor shall also coordinate all unanticipated utility relocations or adjustments determined to be necessary to complete the Work. The City will be responsible for costs incurred by the utility companies for unanticipated relocations and adjustments only in cases where prior, written authorization to perform the utility work is provided by the Engineer. Contractor waives claims for any and all costs or damages due to alleged delay, disruption or acceleration, and releases the City from any such claims, to the extent the claim is due to the failure of any private utility with facilities affected by the Project to promptly relocate, remove, or adjust such facilities. CenterPoint Energy (CPE) will be upgrading and/or replacing gas mains in the Project area as part of this project. Contractor is expected to coordinate construction operations with CPE so all Work can be done in a timely manner without impeding the progress of the Project. Utility company contacts for this Project are: Arvig — Brian Applequist...........................................................(218.346.5500) AT&T — Jerry Streeter................................................................ (612.344.3327) SC-8 571 CenterPoint Energy — Amir Fazlovic......................................... (612.321.5086) CenturyLink, Inc. — David Haedtke............................................(651.312.5317) CenturyLink, Inc. (Consultant) - RJ Allison...............................(651.295.2275) Comcast — McClay Lyford........................................................ (651.925.6372) MCI Communications (Verizon)—Andy Wood..........................(612.919.1741) Verizon —Andrew Frette............................................................(612.919.1751) Xcel Energy — Dave Fitch......................................................... (612.630.4127) Xcel Energy (Lighting Division) — Damon Erickson...................(651.229.2480) Zayo Group — Steve Senger.....................................................(612.210.8037) It is anticipated that some facilities will be in conflict with the Work on this project that Contractor will be expected to guard and protect these facilities. No claims for extra compensation to perform the Work in accordance with the Plans that are due to conflicts with in -place utilities shall be considered. Likewise, no claim for delays due to conflicts with in -place utilities shall be considered. (Also see Special Conditions Section 4 with regard to utility company requirements) 19. EASEMENTS AND PERMITS: The City shall work to obtain all required permanent and temporary easements and permits for this project with the exception of the following: A. The construction activities, methods and procedures used on this Project shall comply with and be done in accordance with the General Permit Authorization to Discharge Storm Water Associated with a Construction Activity under the National Pollutant Discharge Elimination System/State Disposal System Permit Program. Therefore, prior to beginning the Work, the City and Contractor as a co-permittee will be required to obtain a permit from the Minnesota Pollution Control Agency (MPCA). The Storm Water Pollution Prevention Plan (SWPPP) is included in the Plan. The Contractor shall file required construction Storm Water permit online with the MPCA (https-//rsp. pca.state. m n. us/TEM PO—RSP/Orchestrate.do?in itiate=true). The permit becomes valid one business day after Contractor submits a completed application online. Contractor shall email the permit to the City permit once obtained. In addition to establishing legal accountability by the co-permittee on this Project, the general permit shall serve to modify the Minnesota Department of Transportation (MnDOT) Standard Specifications for Construction and al supplements thereto. All permit requirements pertaining to construction practices, application of erosion control methods and devices, and implementation time requirements are hereby incorporated into the Construction Specifications by reference and are made both integral and enforceable parts of the Contract. The weekly inspection and maintenance requirements of said general permit (Part IV.E) shall be the responsibility of Contractor. All site inspections shall be completed in accordance with the requirements SC-9 572 specified in the permit. An inspection form will be supplied by the City. It shall be Contractor's responsibility to provide blank copies of the log sheet as necessary for the life of this Contract. The active and completed inspection forms shall be kept on the Project site in a secure, weatherproof location, and shall be accessible by both Contractor and City personnel at all times. This information shall also be made available to any other interested party upon request. Contractor shall provide copies of the previous week's original inspection form to the Engineer at every weekly construction meeting. The inspection form will be filed with the Project's SWPPP. B. Contractor shall also obtain a City of Golden Valley Storm Water Management Permit and a Right -of -Way Permit from the City. Contractor shall comply with all terms and requirements of the permits. No additional permit fees or securities will be required to obtain these permits over the Contract Performance and Payment Bonds required in Section VI, Item 18 "Requirements of Contract Bond" of the General Conditions of this Contract. The City will obtain the following permits: A. Erosion and Sediment Control Permit from Bassett Creek Watershed Management Commission (BCWMC). Contractor shall be required to fulfill all requirements and provide any bonds required of the permit. B. Department of Health permit for water main replacement work. Contractor shall be required to fulfill all requirements of this permit. C. Separate Right-of-Way/Utility permits from Hennepin County for work within the County's right-of-way along CSAH 70 (Medicine Lake Road) and CSAH 156 (Winnetka Avenue North). Contractor shall be required to fulfill all requirements and provide any bonds required of the permit. 20. DRIVEWAY CONSTRUCTION ON PRIVATE PROPERTY: Residential property owners with driveways disturbed as part of this street improvement project will be given the opportunity to reconstruct their entire driveway at contract unit prices. (No adjustments to any pay items associated with driveway reconstruction will be permitted due to increases or decreases in quantities due to Work on private property). The estimated quantities may not reflect all of the proposed private driveway Work. The Engineer shall set a reasonable deadline for residents to return their agreements, and Contractor shall be obligated to perform all such Work as ordered by the Engineer. Contractor shall cooperate with the Engineer to ensure timely completion of Private Driveway Construction. Claims by the Contractor for delays caused by not receiving this information to coincide with the Work schedule will not be allowed. Some driveways, requested by residents to be replaced, may require the Contractor to assume a higher degree of liability to construct than a normal driveway, or on which the ability to achieve the required quality is not possible SC-10 573 (i.e., too much or not enough slope, landscaping impacts, construction along a foundation, etc.). If Contractor deems this to be true, it may make a request to the Engineer to remove the driveway from the Work. The Engineer shall consider all such requests; however, the decision of whether or not the driveway shall be included in the Work shall be at the sole discretion of the Engineer. If the Engineer deems the driveway is within the scope of the Contract Work, the Contractor shall be obligated to perform such Work in accordance with all Specifications herein. Contractor shall be responsible to establish grades for all private driveways. The City may be available, with advanced notification, per Contractor's request to help assist in establishing grades. Contractor shall be required to notify the property owners 48 hours in advance of performing work on private driveways. Failure to provide such written notification shall result in Contractor delaying the Work until the proper notification is provided. No claim for extra compensation to adhere to this requirement shall be considered. 21. MEASUREMENT AND PAYMENT: Payment for all items shall be by the unit price bid. Items on the Proposal Form have been listed in a logical order. However, items from any section may be used for like work on any part of this project, not only the section they are listed under. No claims for additional compensation for use of an item for work under a different section will be considered. Measurement for all items not specifically described in these Specifications shall be done in accordance with MnDOT Standard Specifications. Contractor shall submit all final quantities to the City within one month after wear course paving. Should Contractor's final quantities not be submitted within the required time, it shall be understood that the City's Quantities for the Work are accepted by Contractor. Unclassified work authorized by the Engineer, will be paid for on a force account basis according to Section VIII, Item 8 of the General Conditions. 22. TREE AND LANDSCAPE PRESERVATION: Significant care must be taken to protect existing trees and shrubbery that the Engineer feels may be impacted by the construction. Contractor shall meet with the Assistant City Forester (763.593.3976) on -site to review procedures for successful protection of trees throughout the construction process. Special care must be taken when in close proximity to any such vegetation to prevent unnecessary cutting, breaking, or shredding of roots; wounding or scraping of trunks; smothering of root systems by stockpiling of construction materials or excavated materials within their drip lines; excess foot or vehicular traffic; or parking of vehicles within their drip lines. SC-11 574 Contractor shall install tree protection fencing, as directed by the Engineer in the field. The unit price bid per linear foot shall be considered compensation in full to place and maintain all such protection throughout the construction. Contractor shall exercise due caution to protect existing tree branches. All branches that have been damaged by Contractor shall be properly trimmed in accordance with National Arboriculture Standards by the end of the workday. Contractor shall also notify the Engineer immediately of any damaged branches. When excavating near trees, Contractor shall cut cleanly back to the soil line, all exposed, shredded or torn roots greater than 1 -'/2" in diameter, with proper pruning equipment. The cost to cut roots shall be incidental for which there shall be no direct compensation. When excavating or sloping within fifteen (15) feet of any tree, Contractor shall coordinate all such efforts with the Assistant City Forester. Standard excavation procedures may need to be modified for large trees that have their trunks closer than five (5) feet from the excavation or sloping limits. Contractor shall be required to provide protection to all exposed oak tree roots that are cut prior to July 1. Contractor shall have on -site an approved wound dressing to be applied to freshly cut root ends immediately (within 10 minutes) after excavation to prevent oak wilt infection. Wound dressing will not be permitted for any other situation other than oaks damaged by construction before July 1. Contractor shall coordinate all such work with the Assistant City Forester. 23. RESPONSIBILITY FOR DAMAGE CLAIMS (1714): The provisions of MnDOT Specification 1714 are supplemented as follows: Contractor must have the City of Golden Valley, and Short Elliott Hendrickson Inc. named as additional insureds on any insurance coverage Contractor is required to provide. 24. MOBILIZATION (2021): The lump sum for mobilization is to include all aspects of work in accordance with MnDOT Specification 2021, for the base bid. No measurement for Mobilization shall be made for Bid Alternates A, B, or C. 25. CLEARING AND GRUBBING (2101): In an effort to minimize tree removals, Contractor shall be obligated to remove trees at any time throughout the duration of the Work. Contractor's bid price shall take into consideration multiple mobilizations. Contractor shall notify the Engineer of any trees he/she feels must be removed to complete the Work as specified. The Engineer may wait until all subgrade correction and/or sloping near such questionable trees is complete to determine the necessity of removals. No claims for extra compensation shall be considered due to Contractor's compliance with this requirement. Clearing and grubbing shall be performed in accordance with the provisions of MnDOT Section 2101, and the following: The Engineer shall mark all trees, shrubbery and other items designated for clearing and grubbing, after grade stakes have been established. Only those SC-12 575 trees and items as marked may be removed. Any items removed or damaged by Contractor not marked for removal will be Contractor's responsibility to replace at its sole cost. All replacement items must be approved by the Engineer. Only the Engineer or his designate is authorized to mark trees, brush or shrubs for any purpose or in any manner. In addition, Contractor shall ensure that trees/landscaping not designated for removal are not damaged, marked or defaced in any way. Grinding of stumps may be allowed with approval from the Engineer. All trees cleared and grubbed shall be promptly disposed of off the site with no additional compensation. Disposal must be in accordance with all county and state disposal requirements. Contractor shall not leave removed trees, stumps or debris on the Project site overnight. Measurement for clearing and grubbing trees shall be the individual tree, or by the acre, as specified in the Plans or as directed by the Engineer. Payment for clearing and grubbing trees under these items is for trees four (4) inches in diameter and larger (measured at a point 24-inches above the ground) only, and shall be considered compensation in full to remove each tree and stump as directed by the Engineer. Removal and disposal of all trees, brush and shrubs smaller than four (4) inches in diameter shall be considered incidental for which no direct compensation shall be made. No claims shall be considered for extra costs due to size for clearing and/or grubbing trees or shrubs as directed by the Engineer. Trees, stumps, brush and shrubs the Engineer designates to be removed in conjunction with private driveway construction, as part of this project, shall be performed and compensated for in accordance with this Specification. Once the Engineer marks trees and shrubs for removal, Contractor shall promptly remove such items and dispose of them off the Project area. 26. REMOVALS AND SALVAGES (2104): The unit price bid for all items designated for removal shall include disposal at a site selected by Contractor and approved by the Engineer. Items designated to be removed must be loaded and taken from the Project area as they are removed. In no case will removal items be allowed to remain on the Project overnight without written consent of the Engineer. Failure to comply with this requirement may result in the City withholding all money due until removal items have been disposed of off the Project. Residents with driveways disturbed as part of the Work will be given the opportunity to replace their entire driveways in conjunction with the Project. Removals of bituminous or concrete driveway pavement shall be compensated for under the unit price bid for the type of pavement removed, and shall be considered compensation in full for such Work as directed by the Engineer. No claims for extra compensation or unit price adjustment will be considered due to increased or decreased quantities for private driveway work. Contractor shall be required to remove all pavement against building foundations, panels or existing retaining walls by hand to prevent damage SC-13 576 to the in -place structure. All such extra equipment and labor, including but not limited to, jackhammers, compressors, etc., shall be considered incidental to the unit price bid for such removal. Contractor shall salvage all items designated to be reused on this project as directed by the Engineer. The City has no areas contiguous to the Project for stockpiling salvaged bituminous pavement. Items damaged by the Contractor that are designated to be salvaged shall be replaced at the Contractor's expense. If there are existing mailboxes that must be removed to construct the Project, Contractor shall salvage and reset them at the end of the Project. During the Project, Contractor must provide a temporary bank of mailboxes to allow mail delivery by the U.S. Postal Service. Contractor shall coordinate the temporary mailbox locations with the local post office. These locations shall also be approved by the Engineer. The temporary mailbox bank shall be considered incidental to salvage mailbox and support. It shall be Contractor's responsibility to notify the Engineer before removal of any existing mailbox posts that are rotten and cannot be removed without damage. If Contractor fails to notify the Engineer and the posts are damaged, Contractor shall be responsible for repairing the damaged post at its own expense. An item is included in this project for replacing rotted mailbox supports. Contractor shall also cooperate with residents to install either the support furnished by Contractor or a support that the resident supplies. Any mailboxes or supports to be salvaged which are damaged during storage or replacement shall be replaced at Contractor's expense. Any painting/staining required, in the opinion of the Engineer, to match original condition that is due to damage by Contractor shall be included in the unit price bid for salvaging and replacing the mailboxes and supports. Payment will be made on the basis of each support post set to its permanent location regardless of the number of mailboxes on each unit in accordance with postal requirements. No compensation will be considered for work to temporarily set any mailbox. Contractor shall cooperate with residents to determine the location for final setting of mailboxes. The unit price bid, per square yard, to Salvage Bituminous Pavement, regardless of existing pavement thickness (see chart in plan for existing bituminous thickness) shall be considered compensation in full to reclaim the full depth of all bituminous from the roadway (including bituminous curb) with underlying granular material for reuse on this project as directed by the Engineer. The salvaged bituminous pavement shall be used to cap select granular borrow to provide a drivable surface. In the event there is excess salvaged bituminous pavement, the Engineer will direct Contractor to use as additional granular base material or to dispose of it off the Project. Contractor shall dispose of the material at no additional cost in accordance with all applicable rules and regulations. SC-14 577 Bituminous pavement designated to be removed (driveways, bituminous curb, and small miscellaneous bituminous pavements), shall be disposed of by Contractor at a site selected by Contractor and approved by the Engineer. The unit price to Remove Concrete Step shall be considered compensation in full to excavate, remove and dispose of each step riser (including existing bricks & mortar), and backfill in conformance with the plans and as directed by the Engineer. Adjacent concrete sidewalk removal shall be paid for under separate bid item. Pavement Marking Removal shall conform to MnDOT 2102 with the following modifications: MnDOT 2102.3 is hereby deleted and replaced with the following: Before making a change in traffic pattern, fully remove conflicting pavement markings as required by the contract and as directed by the Engineer minimizing damage to the pavement structure or surface texture. Repair damaged areas as directed by the Engineer at no additional cost to the Department. Remove irregularly shaped markings by enclosing them within rectangular boundaries of least dimension as determined by the Engineer. Control or restrict operations to avoid exposing traffic to hazardous conditions in accordance with 1701, "Laws to be Observed," 1707, "Public Convenience and Safety," and 1717, "Air, Land, and Water Pollution." Remove expended materials or agents used in the pavement marking removal process from the pavement surface as the work progresses. Dispose of removed marking material in accordance with 1701, "Laws to be Observed," and 1717, "Air, Land, and Water Pollution." Removed pavement marking material shall become the property of the Contractor. The unit price bid for Remove Landscape Mulch shall be considered compensation in full to remove landscape mulch materials in conformance with the plans and as directed by the Engineer and disposed of offsite by Contractor. Measurement shall be made by area, in square feet, of mulch material removed. The unit price bid to Salvage Modular Block Retaining Wall shall be considered compensation in full to salvage the existing modular block wall, including foundation blocks, for reuse on this project. The measurement shall be based on the actual linear footage, measured across the face of the wall, acceptably salvaged. Contractor shall be responsible for replacing any damaged blocks with matching blocks of the same manufacturer color necessary for rebuilding the walls. SC-15 578 The unit price bid to Salvage Brick Pavers (Driveway or Walk) shall be considered compensation in full to salvage pavers for driveway or sidewalk, for reuse on this Project. Contractor shall offer any extra pavers to the resident. Contractor shall be responsible for replacing any damaged pavers with matching blocks of the same manufacturer and color necessary for rebuilding them. The measurement for Salvage Brick Pavers (Driveway or Walk) shall be based on the actual area in square feet of undamaged pavers removed from the Work. The unit price bid per linear foot to Salvage Split Rail Wood Fence shall be considered compensation in full to remove the existing footings (if present), vertical support posts and horizontal fence rails for reuse on this project as directed by the Engineer. The measurement shall be based on the actual linear footage acceptably removed, measured horizontally across the face of the rail, including support posts. Contractor shall be responsible for replacing any damaged timber rails with matching timbers of the same manufacturer or finish and color necessary for reinstalling the fence. The unit price bid per linear foot to Salvage Chain Link Fence shall be considered compensation in full to remove the existing footings (if present), vertical support posts and fencing materials for reuse on this project as directed by the Engineer. The measurement shall be based on the actual linear footage acceptably removed, measured horizontally across the face of the fence, including support posts. Contractor shall be responsible for replacing any damaged components with matching components of the same manufacturer or finish and color necessary for reinstalling the fence. The unit price bid to Salvage Landscape Items (inclusive of brick/rock edging, etc.) shall be compensation in full for all materials, equipment and labor to salvage such items for reuse on this Project. Items designated to be salvaged that are damaged by Contractor shall be replaced with new items at Contractor's expense. Excess salvaged items shall be offered to the property owner adjacent to the Work. If the property owner does not want the excess salvaged items, it shall be Contractor's responsibility to dispose of such items at a site selected by Contractor and approved by the Engineer with no additional compensation. The unit price bid for Salvage Sign (Type C or Street Name) shall be considered compensation in full to salvage and protect all signs in conformance with the plans and as directed by the Engineer. Existing street name signs shall be salvaged to the City of Golden Valley as directed by the Engineer. The unit price bid for Remove Sign, Type C, shall be considered compensation in full to remove signs in conformance with the plans and as directed by the Engineer. The unit bid prices for Remove Water Main Pipe and Remove Water Service Pipe shall also include the removal of water main fittings including, but not limited to, tees, bends, and elbows. SC-16 579 The unit bid price for hydrant removal shall be considered compensation in full to remove hydrants and store in an area designated by the Engineer for 48 hours to allow city staff to remove parts from the hydrants before they are removed. The unit bid price for hydrant marker removal shall be considered compensation in full to remove and dispose of hydrant markers from existing hydrants specified for removal. The unit bid price to remove the gate valve and box shall be considered compensation in full to remove all sizes of gate valves, including hydrant auxiliary valves. The unit bid price for salvaging casting frame and cover shall be considered compensation in full to salvage all sanitary sewer manhole castings and covers. Salvaged covers will be reinstalled on new manhole casting frames (paid for under separate bid item) and salvaged casting frames shall be stockpiled as directed by the Engineer for pickup by City staff. 27. ABANDON SEWER PIPE (STORM) (2104): This Work shall consist of sealing and abandoning existing storm sewer pipe in accordance with the applicable MnDOT Standard Specifications, as noted in the Plan, as directed by the Engineer, and the following: Storm sewer pipe which are to be abandoned shall be bulk -headed with a water proof seal at both ends and filled with granular material. Measurement shall be made by the length of pipe sealed and abandoned as specified. 28. ABANDON WATER MAIN (2104): This Work shall consist of sealing and abandoning an existing water main pipe in accordance with the applicable MnDOT Standard Specifications, as noted in the Plan and the following: Water main pipe which are to be abandoned shall be bulk -headed with a waterproof seal at both ends and filled with granular material. Measurement shall be made by the length of pipe sealed and abandoned as specified. 29. SAWING CONCRETE AND BITUMINOUS PAVEMENT (2104): Sawing concrete and bituminous pavements shall be compensated for at the unit price bid for actual length of pavement sawed. Sawing shall be paid for one time only. Contractor shall be required to take all precautions necessary to ensure that pavement is removed cleanly along all saw cut joints. Any re -sawing of bituminous or concrete pavements deemed necessary by the Engineer shall be done at Contractor's expense. Sawing at curb replacement locations shall be incidental to curb removal and will not be measured and paid for separately under this item. Bituminous saw cuts at match points with existing pavements shall be performed immediately prior to placement of bituminous wear course. SC-17 580 See table in plan for existing pavement thicknesses observed during soil borings. Concrete dust shall be swept up immediately after sawcutting concrete pavement/panels. 30. EXCAVATION AND EMBANKMENT (2106): The excavation and embankment shall be constructed in accordance with the Provisions of Section 2106, MnDOT Specification, except as modified herein. Depth of actual subcut shall be determined in the field by the Engineer. In order to facilitate efficient determination of actual subcut depth, Contractor shall be obligated to dig test holes ahead of its excavation operation so the Engineer may determine actual subcut depths. Contractor shall notify the Engineer at least 48 hours in advance of the excavation to schedule the Work. Extra compensation for delays caused by Contractor's failure to schedule the Engineer as described shall not be considered. Contractor shall provide all equipment and labor to dig test holes at its expense. Contractor shall also be responsible for determining that test hole sites are clear of utilities before excavation. The geotechnical report for this project is available upon request for Contractor's review. Please contact the Golden Valley Engineering Department at 763.593.8030 to receive a copy. A. Excavation -Common: Excavation -Common shall be considered as all excavation required, including but not limited to, construction of the roadbeds, driveways, walks, trails and stripping topsoil prior to construction of embankments, as shown in the Plans and/or as determined necessary by the Engineer. No claims for additional compensation above the unit price bid shall be considered, regardless of subgrade soil type or depth of subcut required. Contractor shall be responsible for disposal of all excavated materials and shall be required to salvage and reuse all suitable soils encountered within the excavation. Suitable materials include material free of contamination, rocks and debris. The Engineer shall determine the suitability of excavated soils from the excavation for reuse on the Project. The cost of such salvaging, placement and compaction shall be included in the unit price bid for excavation of such soils. The basis of payment for Excavation -Common shall be by excavated volume as determined by cross -sectional measurement, average end area method. Contractors shall be advised the actual depth of excavation and backfill will be determined in the field. SC-18 581 Common Embankment— Placing topsoil shall not be included in the unit bid price for common embankment. See Turf Establishment section (2575) of these Specifications for topsoil placement. B. Select Granular (2106): Select Granular Borrow shall conform to the requirements of MnDOT Specification 3149.2B, except as herein amended: Maximum particle size shall be four inches. Not more than 5% of the material passing a one -inch sieve may pass a #200 sieve. The unit price shall include all installation, grading, compacting and any other work necessary to conform to the Plans. Compaction shall be in accordance with the Standard Proctor Specified Density Method unless specifically noted otherwise. Contractor shall give the Engineer notification of borrow site two weeks prior to the use on the Project. Contractor shall provide gradation testing performed by a party acceptable to the Engineer, for all materials under this pay item and in accordance with the Schedule for Materials Control. All testing shall be at the rate specified in the Materials Testing Schedule. Contractor shall schedule with the Engineer times for sampling the granular borrow so the Engineer may be present. Measurement and payment will be measured on a per ton installed basis. Contractor must provide accurate scale tickets. No requests for measurement by any other means will be considered. In addition, Contractor will not be allowed to set up a portable scale to comply with this requirement. All tickets must come from a permanent scale approved by the Engineer. Contractor must submit all scale tickets for this item to the Engineer no later than noon of the day following delivery to the Project. At Engineers discretion tickets that are not provided within the time specified may not be accepted for payment. D. Test Rolling/Compaction: Contractor shall not be allowed to place any aggregate base until the subgrade has been approved by the Engineer. Test rolling shall meet the requirements of MnDOT Specification 2111. Contractor shall furnish a test roller to verify adequate consolidation of all subgrade soils. Any visible deflection of the subgrade shall be considered unacceptable, and the Engineer will require Contractor to take corrective measures to obtain a consistent, stable subgrade. Compaction of all of the subgrade shall be in accordance with MnDOT Specification 2106.3.G.1, Specified Density Method. Compliance will be based on Standard Proctor Densities. No additional compensation shall be considered to obtain specified densities in accordance with the Specifications. Test rolling shall be considered incidental for which there shall be no direct compensation. All costs to excavate and compact in -place subgrades to specified densities shall be included in the unit price bid for Common Excavation. SC-19 582 The Plans show the approximate construction limits defined by the street excavation and embankments. They do not represent construction limits in areas of water, sewer or utility construction. Contractor shall keep the construction within the grading limits to the extent possible. The Engineer will direct Contractor to grade outside of the limits shown when necessary. Contractor shall provide such grading with no additional compensation. Restoration shall be paid at the unit prices for such restoration. 31. GEOSYNTHETIC CONSTRUCTION MATERIALS (2108): The geosynthetic construction materials shall be constructed in accordance with the Provisions of Section 2108, MnDOT Specification, except as modified herein. A. Geotextile Fabric: The unit price bid per square yard shall be compensation in full for equipment, material and labor to install each type of geotextile fabric specified in accordance with the Engineer's and manufacturer's recommendations. The geotextile fabric for roadbed stabilization, Type V, shall meet the requirements of MnDOT Specification 3733 for the type specified. Edges shall be overlapped and sewing will be required. Type V fabric shall be installed (rolled) perpendicular to the street centerline. All fabric shall be lapped and stitched with double "J" stitch for Type V. Seams shall have two (2) lines of stitching over the overlapped material. The stitched seam shall meet the same minimum strength requirements as the fabric on which the seam is constructed. The fabric shall be placed flat and hand - stretched to pre -tension the fabric. Certification of seam testing shall be provided to the Engineer. Measurement shall be made on the actual square yards placed excluding overlap and stitched seams. Sewing will be considered incidental 32. CONTAMINATED AND DEBRIS -IMPACTED SOIL: Although the City is not aware of buried debris or contamination on the Project, Contractor should be aware that debris and/or contaminated materials may be encountered in any excavation. In the event Contractor suspects that contamination is present on the Project (organic vapor detector readings above background, staining or discoloration, debris -rich fill, or olfactory evidence), Contractor shall stop Work and IMMEDIATELY NOTIFY THE ENGINEER. The Engineer shall be responsible for notifying the necessary regulatory agencies and other necessary parties. Contractor shall be prepared to stop work at the suspected contaminated or debris -impacted site for a minimum of 72 to 96 hours after notifying the Engineer to allow time to test for actual contamination and/or extent of debris in the soil. The City's Environmental Consultant shall collect samples of the suspect material for characterization. No suspect material shall be removed from the site or moved from its position at the time of SC-20 583 discovery without the Engineer's approval. No claims for costs for interrupted progress shall be considered. A. Contaminated Soil The soils shall be considered contaminated if laboratory results indicate the contamination concentrations exceed the applicable risk or health based cleanup criteria established by the State of Minnesota or U.S. Environmental Protection Agency. If the soils are determined to be contaminated the City's Environmental Consultant shall work with the appropriate regulatory agency to develop project specific cleanup goals. When the excavation resumes at a contaminated or potentially contaminated site, the City's Environmental Consultant shall conduct field monitoring to identify the materials that are to be managed as contaminated. The Engineer shall direct Contractor on the appropriate management of the contaminated soil. Said material may be stockpiled, reused within the Project, or hauled off - site for treatment as directed by the Engineer and in accordance with the Project -specific cleanup goals. Reuse and stockpiling of said material are limited to areas within the Project limits and must meet the guidelines included in the MPCA Best Management Practices for the Off -site Reuse of Unregulated Fill (MPCA, February 2012) and Managing Petroleum Contaminated Soil at Public Works Projects (September, 2008). B. Debris -Impacted Soil The material shall be considered debris -impacted if the amount of debris in the soil exceeds 5% by volume as verified by the Engineer. The Engineer will verify by "Charts for Estimating Proportions of Mottles and Coarse Fragments" Munsell Soil Handbook, 2000 Edition. If the soils are determined to be debris impacted, the City's Environmental Consultant shall work with the appropriate regulatory agency to develop project specific cleanup goals. When the excavation resumes at a debris -impacted site, the City's Environmental Consultant shall conduct field monitoring to identify the materials that are to be managed as debris -impacted. The Engineer shall direct Contractor on the appropriate management of the debris -impacted material. With the approval of or under the direction of the Engineer, Contractor may be required to separate debris from the soil to meet the 5% by volume guideline. Contractor will be required to reasonably sort debris from soil in an effort to minimize disposal at the landfill. When the excavation in the area where contaminated and/or debris -impacted soils are located is complete, Contractor shall permit the City to collect samples from the bottom and sidewalls of the excavation. Soils shall not be excavated beyond the limits shown on the cross -sections in the Plan, or as approved unless directed in writing by the Engineer. SC-21 584 Contractor shall be obligated to comply with all applicable safety regulations imposed by federal and state law for handling pollutants, contaminants, or hazardous substances, wastes or materials, including but not limited to, 29 C.F.R., Part 1910, and all subsequent revisions thereof. Contractor may be required to temporarily stockpile contaminated or debris - impacted soil on the Project site or at a City -owned location within the City (only as directed in writing by the Engineer). Excavated materials with different physical characteristics (i.e. contaminated soil for off -site disposal, contaminated soil for on -site reuse, debris, etc.) will be segregated into separate stockpiles. Contaminated or debris -impacted soil shall be stockpiled on an impervious surface or reinforced plastic a minimum of 10 mils thick. Contractor shall cover contaminated soil stockpiles with 10-mil reinforced plastic and securely anchor it from wind using sandbags, clean soil or an Engineer -approved alternative. Any maintenance or recovering of stockpiles due to lack of adequate anchorage shall be at Contractor's expense. If the Engineer deems it necessary, the Contractor shall surround the stockpile with fencing to provide extra security. Once established, stockpiles shall not be disturbed, moved or combined except as directed by the Engineer. The City reserves the right to retain responsibility to manage the disposal of soils determined to be unfit for use on the Project due to contamination or debris. Suspect material that has been characterized and does not meet either contaminated or debris -impacted criteria shall be Contractor's responsibility to manage under the General Excavation provisions with no additional expense to the City. The City advises Contractor to coordinate for a secondary disposal site for soils containing debris below the established levels. The City reserves the right to hire a different contractor for this operation if an agreement regarding extra work compensation for contaminated and/or debris impacted soils cannot be established. If directed by the Engineer, Contractor shall haul contaminated or debris - impacted materials to a permitted treatment facility consistent with state and local requirements. The method of treatment shall be approved by the Engineer and be in accordance with the approved project -specific cleanup goals. Contractor shall complete all necessary permits and applications for the treatment facility. Contractor shall certify to the Engineer within 30 days of completion of soil treatment that the soil has been treated/disposed as approved by the Engineer. Contractor shall provide copies of all treatment facility applications, permits, approvals and disposal manifests to the City and Engineer. Handling, stockpiling and disposal of contaminated and debris -impacted materials shall be considered Unclassified Work. The City shall compensate the Contractor for such Unclassified Work, as specified by the Engineer, at a rate of the actual cost, plus 10 percent (10%). Contractor shall submit detailed records SC-22 585 of the actual cost incurred for such removal, stockpiling and disposal. Contractor shall separate contaminated and debris -impacted materials from non - contaminated soil to the extent deemed practical by the Engineer. Unclassified Work for this section shall be limited to work over and above the costs Contractor would have experienced to excavate and remove the soils per the Contract. 33. WATER USE ON PROJECT (2130): Project related water use for compaction, dust control, sod, and landscaping shall be considered incidental. Should the Engineer deem that additional water must be used on the Project; Contractor shall provide the water within two (2) hours of notification by the Engineer. Contractor will not be charged for any project related water use. However, to receive permission to take water from hydrants, Contractor shall be required to obtain a meter from the City Utilities Maintenance Department (763.593.3962). The meter requires a one thousand eight hundred dollar ($1,800.00) deposit, which will be refunded when Contractor returns the meter in good condition. Contractor shall identify specific hydrants he/she wishes to take water from during construction and obtain approval from the Engineer. Only hydrants approved by the Engineer will be available for use by Contractor. 34. AGGREGATE BASE (2211): The Class 5 Aggregate Base shall be constructed in accordance with the Provisions of Section 2211 of MnDOT Specifications. The aggregate base shall be compacted in accordance with MnDOT Specification 2211.3C1, Specified Density Method. Imported material will be measured on a per ton installed basis, based on weight tickets from a certified scale. Contractor may use Class 5 Recycled Aggregate on this Project. If recycled aggregate is used, Contractor shall be responsible for providing testing certification for all recycled aggregate used. Contractor shall provide documentation of product source and certification that recycled aggregate meets all requirements for Class 5 (MnDOT Specification), including the percent crushing. Testing documentation shall be performed by a testing agency approved by the City. The rate of testing shall be as follows: The first test shall be performed before use on the Project, and thereafter one test every 2,000 tons used. 35. DRILL AND GROUT REINFORCEMENT BAR (EPDXY COATED) (2301): This work shall consist of drilling, grouting, and inserting No. 412 inch long epoxy coated reinforcement bars in accordance with the provisions of MnDOT 2301 and the following: Measurement will be by the number of epoxy coated reinforcement bars that are furnished, installed, and grouted in place as specified. Payment will be under Item 2301.602 (Drill and Grout Reinforcement Bar (Epoxy Coated)) at the Contract bid price per each, which shall be payment in full for all work included under this section. SC-23 586 36. JOINT ADHESIVE (MASTIC) (2331): This shall consist of furnishing and placing Joint Adhesive (Mastic) as specified in accordance with the following: This work is the application of a hot -applied modified asphalt used as an adhesive on a cold longitudinal construction joint for hot mix asphalt (HMA) pavements. The material shall be applied to the face of the concrete gutter pan immediately before the bituminous wear course is installed. The engineer shall determine if this item is to be installed prior to paving the wear course. If the engineer directs the Contractor that the joint adhesive is not to be installed, the contractor will not be paid for this item. Provide joint adhesive as specified in Table 1. Table 1. Joint Adhesive Saecifications TEST SPECIFICATION Brookfield Viscosity, 204°C r400'F1 ASTM D 3236 4,000-10,000 c Cone Penetration, 25°C [77'Fl ASTM D 5329 60-100 mm Flow, 60' [140°F] ASTM D 5329 5 mm maximum Resilience, 25°C, [77'Fl ASTM D 5329 30% minimum Ductility, 25°C, [77'Fl ASTM D 113 30 cm minimum Ductility, 4°C, [39.2'Fl ASTM D 113 30 cm minimum Tensile Adhesion, 25°C, [77'Fl ASTM D 5329 500% minimum Softening Point STM D 36 77°C [170°F] min. Asphalt Compatibility ASTM D 5329 Pass Apply joint adhesive ONLY when the pavement surface temperature is 10°Celsius [50°Fahrenheit] and rising or as directed by engineer. Use a jacketed double boiler type melting unit, with both agitation and recirculation systems. Provide a pressure feed wand application system. If necessary, use a hot air lance with propane and compressed air in combination, capable of heating air at the exit orifice to 982°C [18000F] and a discharge velocity of 914 m/sec [3000 feet per second]. Submit a copy of the manufacturer's recommendations for heating and re -heating material, and for applying the joint adhesive material. Do not remove the joint adhesive from the package until immediately before it is placed in the melter. Use clearly marked boxes with the name of the manufacturer, the trade name of the adhesive, the manufacturer's batch and lot number, the application/pour temperature, and the safe heating temperature. Feed additional material into the melter at a rate equal to the rate of material used. Furnish a production data sheet for each melter on the Project. Include the manufacturer's melting/heating rate in pounds per hour to application/pour temperature. Also include the conditions under which the rate of melting/heating sealant to application/pouring temperature was determined. Provide automatic SC-24 587 thermostatic controls and temperature gauges to monitor the temperature of heat transfer oil in the kettle jacket. No payment will be made for material placed in excess of 110 percent of the melter's capacity, based on the manufacturer's melting rating and the actual number of hours worked. Furnish, for City's use, an infrared temperature -measuring gun accurate to 1 °C at 204°Celsius [1 °Fahrenheit at 4000F]. Check the pouring temperature of the adhesive, at least once per hour, at the point of discharge. Stop production if the adhesive falls below the recommended application/pour temperature. If the adhesive temperature at the point of discharge exceeds the maximum safe heating temperature, empty the melter and dispose of the adhesive in an environmentally safe method. No payment will be made for this material or its disposal. Do not mix different manufacturer's brands or different types of adhesives. The joint face must be clean and dry. If necessary, use a heat lance. Apply the joint adhesive material over the entire face of the top lift, cold longitudinal edge of a HMA pavement where and adjacent HMA pavement will be constructed. Apply a band approximately 3 mm [1/8"] thick. The use of an application shoe attached to the end of application wand is recommended. Do not overlap the joint by greater than 12.5 mm [1/2"] at the top of the joint and 50 mm [2"] at the bottom of the joint. Apply the joint adhesive, at the point of discharge, above the recommended pour temperature of 1930Celsius [3800Fahrenheit] and below the safe heating temperature of 210°Celsius [410°Fahrenheit]. Apply the joint adhesive immediately in front of the paving operation. If the adhesive is tracked by construction vehicles, repair the damaged area and restrict traffic from driving on the adhesive. Contractor is responsible for all the quality control (QC) sampling and testing. Provide material certification and quality control test results for each batch of adhesive used on the Project. The adhesive must meet all requirements in Table 1. Provide 2 sample boxes for each lot of adhesive used on the Project, for field sampling. Each sample box shall hold 2.3 kg [5 pounds] of adhesive. Provide Teflon or Silicone -lined boxes. The Engineer is responsible for all quality assurance (QA) sampling and testing. Acceptance of the adhesive material is based on certification and quality control results, provided by Contractor, that adhesive meets the requirements in Table 1. Use field samples to verify that the delivered adhesive meets the requirements. Take a sample, on the first day of production, from the application wand, during the first 20 minutes of placing adhesive from each melter on the Project. Each sample shall consist of two, Teflon/Silicone lined boxes each containing 2.3 kg [5 pounds] of adhesive. Label the two sample boxes with the: Project number, date, time, location, adhesive temperature, manufacturer, and lot number. SC-25 588 37. Number each box one of two, or two of two. Take one sample for each lot of adhesive used on the Project. City may conduct additional sampling and testing. If a field sample fails to meet any of the requirements in Table 1, the Work completed with the material from the lot that the field sample represents, shall be subject to a reduction in the Contract unit price equal to ten percent for each failing property. Joint Adhesive shall be measured by the linear foot. Payment for the accepted quantity of joint adhesive at the Contract Price of measure will be compensation in full for all costs of furnishing and applying the material as specified. PLANT MIXED BITUMINOUS MIXTURES (2360): All bituminous mixtures shall be in conformance with MnDOT Specification 2360, except as modified or supplemented herein. Bituminous mixtures to be used on this Project shall be Superpave mixtures as shown below. Refer to Plans for locations of each mix type. 1. Wearing Course: 2. Non -Wearing Course: 3. Bituminous Mixture for Driveways & Trails: Type SP 9.5 Wearing Course Mix (2,C) Type SP 12.5 Non -Wearing Course (2,C) Type SP 9.5 Wearing Course Mix (2,C) Contractor shall submit Q/C testing for Class B aggregates included in mix designs based on the following schedule: For every 5,000 tons of bituminous mixture placed on the Project, or for mix placed 30 days after the previous submittal, perform and submit the following Q/C testing from Class B stockpile: a. Soundness Testing (ASTM C 88) b. Loss by Abrasion and Impact (ASTM C 131) In addition, it shall be Contractor's obligation to ensure the top surface is closed to the satisfaction of the Engineer. The use of coarse mixtures that do not close to the Engineer's satisfaction shall not be permitted. Compaction shall be obtained in accordance with MnDOT Specification 2360.3.D.2, Ordinary Compaction. Contractor shall have a certified person, approved by the City, with calibrated nuclear testing equipment to verify roll patterns achieve maximum density. SC-26 589 Design of all mixtures used on this Project shall be approved by MnDOT, and mix certification documentation of such shall be provided to the Engineer at least two weeks prior to placement. The unit price bid for Bituminous Mixtures for Base and Wearing courses shall be considered compensation in full to furnish and place the asphalt in accordance with MnDOT Specification 2360, the Plans and the Engineer except that no incentives shall be included in the payment. Disincentives in accordance with the Specification shall apply. Bituminous tack coat shall be CSS-1 or CSS-1 h. For bituminous driveways that residents elect to have replaced in conjunction with this project, the unit prices bid for common excavation, aggregate base and bituminous driveway mixture shall be considered compensation in full to perform such extra work as directed by the Engineer. No claims for extra compensation will be considered. Contractor shall not be allowed to negotiate prices based on an increase or decrease in quantities as a result of the driveway reconstruction program. All bituminous used in construction of driveways completely replaced shall be placed with a paver. It shall be the obligation of Contractor to ensure all driveways are installed with proper drainage. Failure to place the pavement with proper drainage shall be cause for replacement. If Contractor deems that there is not sufficient grade to ensure drainage, he shall notify the Engineer before placement of the new aggregate base, and cooperate with the Engineer in seeking the best alternative for replacement. In all cases, the pavement must slope away from existing structures, and whenever possible, slope to the street. Driveway pavements shall be placed in two lifts unless Contractor can demonstrate to the Engineer that satisfactory results may be obtained with one lift. The quality of workmanship of the pavement installed in this manner shall be determined by the Engineer. All asphalt driveways shall be completed within two weeks from the start of the curb placement. Failure to complete the Work in accordance with this requirement may result in the City withholding all monies due until the Work is completed. Any structural or surface defect of the driveway pavement which develops during the one-year warranty period described in the General Conditions of these Specifications, including, but not limited to, cracking, roller marks, settlement or heaving, or open surface condition, shall be cause for rejection and replacement of the entire driveway at Contractor's expense. Determination of defective materials to be replaced shall be solely made by the Engineer. SC-27 590 The unit price bid for each mixture shall be compensation in full to place and warrant such mixture as specified. All turf restoration and casting adjustments, including sealing and grouting, must be complete before the wearing course on the street may be placed. 38. PIPE BEDDING (2451): This shall consist of furnishing and placing bedding material as specified in accordance with the provisions of MnDOT 2451 and 3149, the plan details for utility construction, and the following: Select Granular Material (MnDOT 3149.213) shall be used for bedding material, and pipe foundation for water main. Granular bedding used for water main shall be measured and paid for by the ton of granular material furnished and placed. Any necessary excavation for pipe bedding and any disposal of excess material related to pipe bedding shall be considered incidental for which no additional compensation shall be considered. 39. CRUSHED ROCK FOR STABILIZATION (2451): Work shall consist of furnishing and placing crushed rock pipe foundation material. The crushed rock shall meet the gradation requirements set forth under MnDOT 3149.2G.2. The crushed rock shall only be used for pipe foundation or manhole foundation, or as directed by the Engineer. In no case will there be compensation allowed for crushed rock used for the purpose of dewatering. Geotextile fabric shall be measured and paid for separately. Measurement will be made by the weight of crushed rock material furnished and placed as specified. Payment will be made under Item 2451.507, Crushed Rock for Stabilization, at the contract bid price per ton, which shall be payment in full for all costs incidental thereto including, but not limited to, excavation of unstable soils to place the rock as specified. In no case will there be additional compensation allowed for removal and disposal of the material necessary to place the crushed rock as specified. 40. COARSE FILTER AGGREGATE (2451): The unit price bid per ton for Coarse Filter Aggregate shall be considered compensation in full for all equipment, material and labor to place crushed rock meeting the requirements of MnDOT Specification 3149.2H around the perforated pipe to provide subgrade drainage, in conformance with the detail in the Plans and as directed by the Engineer. 41. SPECIAL FILTER AGGREGATE - #89 STONE (2451): The unit price bid per ton for Special Filter Aggregate - #89 Stone shall be considered compensation in full for all equipment, material and labor to place stone meeting the requirements of MnDOT Specification 3137.2E around the coarse filter aggregate in the Iron - Enhanced Sand Filtration Basin, in conformance with the detail in the Plans and as directed by the Engineer. SC-28 591 42. HELICAL PILING (2452): 1. Description a. The work shall include furnishing and installing the piling in accordance with MnDOT Specification 2452, this Specification, the Contract Drawings and as directed by the Engineer. Proposed pipe is to be installed and supported on helical piling along existing alignment. The Work also includes one (1) pile load tests and surveying (staking) the pile locations. Work associated with the pile cap is covered in these Special Provisions. b. References. i. Civil Construction — Technical Design Manual, Edition 4, Hubbell Power System Inc., Centralia, MO, Copyright 2018 ii. Design and Technical Service Manual, Ninth Edition, Earth Contact Products, LLC, Olathe, Kansas, Copyright 2013 iii. The Building Officials and Code Administrators International, Inc. (BoCA), Basic National Building Code, c. Soil boring information is included for reference. 2. Materials a. Helical Pile Systems. i. Helical piles shall be manufactured by Hubbell Power Systems, Inc., Earth Contact Products, LLC. or an Engineer -approved equal. ii. To be considered as an approved equal, a contractor must submit to the Engineer for approval a minimum of two weeks prior to bid opening; the following information- 1 . Product information providing the equal status. 2. License or certification from the manufacturer' to verify approval of installer. 3. Evidence of installer's experience, minimum 3 years, with the submitted product. 4. Names and telephone numbers of at least three (3) owners where product has been used within the last five (5) years. 5. Detailed technical information pertaining to the long-term design considerations of the product. iii. The decision to accept or reject any product or process lies solely with the Engineer. b. Pile Loads i. Each pile shall be designed for an ultimate load and a design load as shown on plans attached to this specification. c. Starter Section Length i. The length of the starter section may be from 7.5 feet to 10 feet long as required by the application and requirements for helical plates. ii. One end of the starter section shall have a bevel to aid in starting the anchor. The other end of the starter section shall have two (2) or more holes, depending upon the shaft size to receive coupling attachment bolts. d. Helical Plates SC-29 592 i. Welded to the starter section shall be minimum of three Grade 50 hot - rolled steel helical plates with a specified minimum thickness of 3/8- inch and a 3-inch pitch. Helical plate diameter shall be specified in any combination of equal or increasing diameters from 10-inches to 16- inches with a combined minimum total area of 1.97 square feet. The three helically -shaped plates with minimum diameters of 10-inch, 12- inch and 14-inch shall be welded to the first lead pile shaft, beginning with the smaller diameter plate at the tip and in order of increasing diameter. Space helical plates, beginning approximately 3-inches from the shaft tip, at a minimum of three plate diameters apart. e. Plate Extension Assemblies i. Extension section assemblies shall have the same outside and inside diameter as the starter section. The length of the extension section shall be from 2-1/2 feet to 10-feet long as required by the application. Each end of the extension section shall have a suitable coupling attachment as described in this specification. Each extension section shall be supplied with a connector for attachment to the starter section or to other extension sections. Central Steel Shaft i. Central shaft starter section and extension sections shall be minimum 2 7/8-inch OD round structural steel tube or pipe, seamless or straight -seam welded, per ASTM A53, A252, ASTM A500, or ASTM A618. ii. Minimum wall thickness shall be 0.5 inches. iii. Section modulus shall be 4.27 cubic inches. iv. Torque strength rating shall be minimum 5,500 ft-lb. v. Minimum yield strength shall be 50 ksi. vi. Grouted square shafts (shaft surrounded by grout) will not be permitted. vii. Each shaft section shall be plugged so that water is not permitted to flow from one section to another. g. Bolts i. The size and type of bolts used to connect the central steel shaft sections together shall conform to the following ASTM specifications: ii. Material: 3/4-inch diameter bolts (minimum 2 per coupling), SAE J429 Grade 5 or 8. h. Couplings i. The couplings shall be formed as an integral part of the plain and helical extension material as hot forge expanded sockets. ii. The length of the couplings shall be at least 1.5 times the diameter of the shaft. i. Corrosion Protection i. All material shall be hot -dipped galvanized in accordance with ASTM A153 or A123 as specified after fabrication. j. Pile Caps i. Helical pile caps shall be constructed as shown on the Plans attached to this Specification. SC-30 593 ii. All welded connections shall conform to the requirements of the American Welding Society, "Structural Welding Code, AWS D1.1" and applicable revisions. k. Equipment i. Helical piles shall be installed using a hydraulic gear motor. The hydraulic gear motor shall be installed on a backhoe, or other suitable equipment. The hydraulic gear motor shall be of sufficient size and power to install the pile in a smooth and continuous manner. ii. The gear motor shall be equipped with a gauge to accurately monitor the torque exerted on the piling. A second gauge shall be included in the line so that the Engineer has easy access to read the gauge. iii. The backhoe and motor used to install the test pile shall be used for all production piles. 3. Construction Requirements a. Submittals i. The Contractor shall prepare and submit to the Engineer for review and approval, working drawings and design calculations for the helical piles intended for use at least 14 calendar days prior to planned start of construction. All submittals shall be signed and sealed by a Registered Professional Engineer currently licensed in the State of Minnesota. ii. The Contractor shall submit a detailed description of the construction procedures proposed for use to the Engineer for review. This shall include a list of major equipment to be used. iii. The Working Drawings shall include the following: 1. Helical pile number, location and pattern by assigned identification number 2. Helical pile design load 3. Type and size of central steel shaft 4. Helix configuration (number and diameter of helix plates) 5. Minimum effective installation torque 6. Minimum overall length and inclination of helical pile 7. Cut-off elevation 8. Test pile information (location, etc.) 9. Helical pile attachment to pile cap detail iv. The Contractor shall submit shop drawings for all helical pile components, including corrosion protection and pile top attachment to the Engineer for review and approval at least 14 calendar days prior to delivery of materials to project site. This includes helical pile lead/starter and extension section identification (manufacturer's catalog numbers). v. If requested, the Contractor shall submit certified mill test reports for the central steel shaft, as the material is delivered, to the Engineer for record purposes. The ultimate strength, yield strength, % elongation, and chemistry composition shall be provided. vi. The Contractor shall submit plans for pre -production load testing for the helical piles to the Engineer for review and acceptance a SC-31 594 minimum of 7 days prior to beginning load tests. The purpose of the load test is to determine the load versus displacement response of the helical pile and provide an estimation of ultimate capacity. vii. The Contractor shall submit to the Engineer copies of calibration reports for each torque indicator or torque motor, and all load test equipment to be used on the project a minimum of 7 days prior to beginning load tests. The calibration tests shall have been performed within forty five (45) working days of the date submitted. Helical pile installation and testing shall not proceed until the Engineer has received the calibration reports. These calibration reports shall include, but are not limited to, the following information: 1. Name of project and Contractor 2. Name of testing agency 3. Identification (serial number) of device calibrated 4. Description of calibrated testing equipment 5. Date of calibration 6. Calibration data viii. Work shall not begin until all the submittals have been received and approved by the Engineer. The Contractor shall allow one week for the Engineer to review, comment, and return the submittal package after a complete set has been reviewed. All costs associated with incomplete or unacceptable submittals shall be the responsibility of the Contractor. ix. Installation Records 1. The Contractor shall provide the Engineer copies of helical pile installation records within 24 hours after each installation is completed. Formal copies shall be submitted at the completion of pile installation. These installation records shall include, but are not limited to, the following information. a. Name of project and Contractor b. Name of Contractor's supervisor during installation c. Date and time of installation d. Name and model of installation equipment e. Type of torque indicator used f. Location of helical pile by assigned identification number g. Actual helical pile type and configuration - including lead section (number and size of helix plates), extension sections (manufacturer's SKU numbers) h. Helical pile installation duration and observations i. Total length of installed helical pile j. Helical pile tip elevation k. Cut-off elevation I. Inclination of helical pile SC-32 595 m. Installation torque at one -foot intervals for the final 10 feet n. Comments pertaining to interruptions, obstructions, or other relevant information o. Rated load capacities b. Test Pile i. One (1) Test Pile shall be installed at location shown on plans attached to this specification and tested in accordance with ASTM D1143, and as directed in the field by the Engineer to determine the acceptable tip elevation and installation torque of the piling. For bidding purposes, the estimated minimum depth for the test pile shall be as shown in the plans attached to this specification. ii. The quick load test method (as modified herein), shall be used. The test piles shall be loaded using the quick load method to the design load provided on plans attached to this specification. After a 10 minute hold at the design load, the test pile shall be fully unloaded and allowed to rebound until no continued deflection is observed. The pile shall then be reloaded to the design load, held for 2.5 minutes, and the remainder of the pile test shall proceed in accordance with ASTM D 1143 to the ultimate load provided on plans attached to this specification . iii. One (1) test pile location will be selected by the Engineer. The acceptance criteria is a total deflection of 0.5 inches or less after full unloading and rebounding from the 10 minute hold on the ultimate test load. iv. Contractor shall notify the Engineer of the proposed test pile installation date at least one week prior to test pile installation. The test piles shall not be installed unless the Engineer is present to observe the installation. v. The equipment used to install the test pile shall be used to install the production piling. If additional or alternate equipment is used for production piling installation, additional load tests shall be conducted at no additional cost to the Owner. No equipment will be allowed to install production piling unless it has satisfactorily installed a test pile and the pile has passed the test acceptance criteria. Piling installed prior to completion of an acceptable load test will not be paid. vi. Test pile and reaction piles should be cut at least 5 feet below the proposed ground surface. c. Installation i. Survey and mark locations of each pile location. Survey and mark locations appropriately to allow for installation within the specified alignment tolerances. ii. Dewater as necessary to install piling in a dry excavation. Excavate to the proper grade for placement of the helical pile. Install the piles from an elevation that will prevent groundwater from flowing into the central shaft tubing. SC-33 596 iii. The starter section shall be positioned vertically over a marked pile location and driven into the soil by means of the hydraulic gear motor. Connect extension sections to the starter section and extend the piles to obtain the required pile depth. Continue rotary installation until the required design torque is achieved at or below the predetermined minimum tip elevation. If required, the final section may have to be cut to obtain the predetermined cut-off elevation. iv. Install piles to the required design loads as provided in this specification. Extend piles until design torque is reached. Report immediately to the Engineer in the event installation torque does not meet or exceed the design torque prior to reaching the approximate maximum tip penetration as determined by load tests. Record installation torque at minimum 2-foot intervals with a torque monitor approved by the manufacturer, decreasing to 1 foot intervals at the required tip elevation. In the event the maximum allowable installation torque is reached prior to reaching the prescribed required tip elevation, cease installation immediately and contact the Engineer. The pile tip elevation may be stopped short only with permission from the Engineer. v. During installation, maintain a constant downward pressure and a rotation rate of 5 to 20 RPM. vi. Install (weld or bolt) pile cap assembly, consisting of a 10-inch by 10-inch by 3/4-inch steel plate and 8-inch long tubular coupling, to the top of the central pile tube/shaft as shown in the plans. Steel plate shall contain holes to accept 3/4-inch bolts per drawings. Tubular coupling shall be sized to fit (slide) over the top of the central shaft. Tube and plate shall conform to ASTM A 36. No coating is required. vii. Construct Helical Pipe Caps as shown on the attached Plans, to the full satisfaction of the Engineer and in accordance with these Special Provisions. d. Tolerances i. Install pile caps to within 0.02 feet of required elevations. ii. Horizontal location of each pile shall be within 1-inch of the plan locations. iii. Plumbness of all pile sections shall be within 1 degree of vertical. iv. The gap between the coupling inner diameter (ID) and the central shaft outer diameter (OD) shall be no more than 0.10 inches. 4. Method of Measurement a. Measurement i. Helical Test Piles. Measurement will be made by the number of Test Piles, each (EA) furnished, installed and tested in accordance with ASTM D1143, and as directed in the field by the Engineer. ii. Helical Piles. Measurement will be made by the lineal foot (LF) of helical pile furnished and installed in accordance with the SC-34 597 5. Payment Contract Drawings and these Specifications. It shall include any hardware on the top of the piling as shown on the drawings, including, but not limited to, the steel caps and all materials necessary to install the pile caps. Measurement will be made from the pile tip to the cutoff elevation. No payment will be made for cutoff pile sections. Cutoff pile sections are the property of the Contractor and shall be removed from the project site. Helical Test Piles. Payment will be made under Item Number 2452.603 (Helical Test Piles), at the Contract Unit Price per each (EA), which shall be payment in full for all costs involved. Helical Piles. Payment will be made under Item Number 2452.602 (Helical Piles), at the Contract Unit Price per lineal foot (LF), from pile tip to cutoff elevation, no measurement will be made for the pile cutoff pile section, which shall be payment in full for all costs involved, including the pile caps and pipe supports as shown in the Plans. 43. PIPE SEWERS (2503): Pipe Sewers shall be constructed in accordance with the provisions of MnDOT 2503, and the most recent version of the Standard Utilities Specifications for Sanitary Sewer and Storm Sewer Installation, as prepared by CEAM, except as modified below. All joints in the reinforced concrete pipe (RCP) shall be sealed with preformed rubber gasket type seals, in accordance with the most current version of MnDOT Standard Plate 3006. No construction joints are allowed for sanitary or storm sewer pipe connections. The connection to existing sanitary sewer or storm sewer pipe item shall be to the nearest joint. No concrete collars allowed unless otherwise approved in writing by the Engineer. All RCP sewer pipe aprons shall have a trash apron furnished and installed as detailed. Trash aprons shall be considered incidental to each RC pipe apron. Contractor shall be responsible for providing all dewatering by such means as will preserve the structural stability of the trench bottom and sides and provide a dry trench for the installation of the pipe and appurtenant structures. All such dewatering, per the Engineer's approval, shall be considered incidental to the pipe and appurtenant structures for which no direct compensation will be made. Contractor shall be responsible for flow control and bypass pumping, as necessary, to complete sanitary sewer construction. These tasks shall be considered incidental to pipe installation for which no direct compensation will be made. The unit price bid per linear foot for each size perforated and/or solid walled Polyvinyl Chloride Pipe (PVC) drain pipe shall be considered compensation in full SC-35 598 for all materials, equipment and labor to construct the subgrade and sump drain system in accordance with MnDOT Specification 2503, CEAM Specifications and in conformance with the Plans. It shall also include installation of a green with brown striped #12 solid copper tracer wire in accordance with the details in the Plans. The PVC pipe shall also include installation of PVC wyes and all other fittings, including bends and caps. The perforated PVC pipe shall include a geotextile sock meeting MnDOT Specification 3733. The above items shall be considered incidental. Cleanouts as shown on the Plans shall be paid for separately. The unit price bid for each size of sanitary PVC pipe shall include materials, equipment and labor necessary to install sanitary sewer and/or sanitary service. The pipe shall include the installation of a green with brown striped #12 solid copper tracer wire in accordance with the details in the plans. It shall also include the installation of PVC fittings including bends and caps. PVC wyes used for sanitary sewer as shown on the plans will be paid for separately. Cleanouts as shown on the plans shall also be paid for separately. The unit price bid for each size sanitary and storm Cleanout Assembly shall be considered compensation in full to construct a cleanout in accordance with the detail in the Plans and as directed by the Engineer on either the perforated drain pipe, or the laterals that are provided for connecting to sanitary service or private drain pipes. The unit price shall include, but not be limited to, the wye, bends, steel post, a green with brown striped #12 Solid Copper tracer wire in accordance with the detail in the Plans and vertical pipe extending to the surface. The storm and sanitary cleanouts shall be constructed with SDR 35 PVC and SDR 26 PVC, respectively. The unit bid price for each size cleanout assembly does not include the casting assembly. The cleanout casting assembly (McDonald 74M "A" Series) as shown in the detail shall be paid for separately. All ductile iron pipe (DIP) shall be Class 52 (unless otherwise noted in plans) and wrapped with polyethylene pipe encasement in accordance with the manufacturer's recommendations. The polyethylene for each pipe shall be overlapped and sealed to keep the water out. The polyethylene pipe encasement shall conform to AWWA C105/A21.5 (8-mil thickness), Class C (Black), and be in tube form. The polyethylene pipe encasement shall be considered incidental. Pipe materials specific to water main and sanitary sewer construction shall be in accordance with CEAM specifications. The unit price bid to Connect to Existing Storm Sewer Pipe, Connect to Existing Sanitary Sewer, and Connect to Existing Sanitary Sewer Service shall be considered compensation in full for all materials, equipment and labor to connect to an existing pipe sewer line in accordance with the Plans, and as directed by the Engineer. This includes, but not limited to, excavating, cutting the existing pipe, and securing the connection with a collar, sleeve, or adapter as required. SC-36 599 Excavation and backfill in accordance with MnDOT 2503 shall be considered incidental for pipe sewer installation, including pipe sewers to be supported on helical piles. Contractor shall supply an OSHA -approved trench box to minimize damage to adjoining landscaping due to installation of pipes and appurtenant structures. All extra costs to provide the box and install the sewer or water shall be considered incidental for which no extra compensation shall be considered. 44. WATER MAIN CONSTRUCTION (2504): Water mains shall be constructed in accordance with the most recent version of the Standard Utilities Specifications for Water main and Service Line Installation, as prepared by CEAM, except as modified below. Water mains and appurtenances will be replaced or relocated on this Project as shown on the Plans. Contractor shall be paid for acceptably completed work at the unit prices bid for water main and appurtenant items. No claims for extra compensation above the unit prices shall be considered due to the random location for repairs or relocations, or for over -burying of proposed water mains as shown in the Plans. Polyvinyl chloride (PVC) pressure pipe and fittings shall be used for water main construction on this project, unless otherwise noted. The CEAM Standard Specifications for Section 2611, "Watermain and Service Line" installation shall govern for this work. The service line material shall be SIDR 7 Polyethylene Pipe (PE) with compression brass fittings. Furnishing and installing tracer wire shall be incidental to the PVC pipe and PE service lines. It shall be Contractor's obligation to take precautions when exposing the existing water mains to prevent damage to them. If Contractor fails to take the necessary precautions, all costs to repair damage to the existing water main shall be borne by Contractor. If, in the Engineer's opinion, Contractor has taken the necessary precautions and damage occurs, the City will be responsible for the cost of such repairs. All water main flushing shall be performed by City staff, and requires a minimum 48-hour advance notice. Contractor shall supply an OSHA -approved trench box to minimize damage to adjoining landscaping due to installation of pipes and appurtenant structures. All extra costs to provide the box and install the sewer or water (including any necessary excavation for pipe bedding and disposal of excess material related to pipe bedding and/or replacement backfill) shall be considered incidental for which no additional compensation shall be considered. SC-37 M 45. CORPORATION STOPS (2504): The unit price bid for each size corporation stop shall be considered compensation in full for all equipment, materials and labor to furnish and install each stop complete in -place. The unit price bid for each size corporation stop shall be considered compensation in full for all materials, equipment and labor to wet tap and install the corporation complete in -place. Corporation stop shall be A.Y. McDonald (74701 B-33), or approved equal. The stainless steel insert (A.Y. McDonald - 6136) furnished and installed at the corporation stop at each proposed service location shall be considered incidental. The service saddle will be paid for separately. 46. CURB STOP AND BOX (2504): The unit price bid for each Curb Stop and Box shall be considered compensation in full for all equipment, materials and labor to furnish and install complete, in -place as directed by the Engineer. Curb stops shall be A.Y. McDonald (76104-33) with A.Y. McDonald Series 5622 8 Curb Box complete with 5623LTW Lid, or approved equal. Includes furnishing and installing SnakePit° Access point tracer wire box provided with SnakePit Bracket - refer to Plan detail and detail in Appendix F. Connection to the existing service shall be incidental. The stainless steel insert (A.Y. McDonald — 6136) furnished and installed at each proposed curb stop shall be considered incidental. 47. WATER SERVICE PIPE (2504): The unit price bid for each size SIDR 7 Polyethylene Pipe (PE) used for water services shall be considered compensation in full to construct the services complete, in -place in accordance with the Plans, and as directed by the Engineer. If Contractor has more than one water service excavation open at a time, they cannot be on the same street where the excavation would block traffic. 48. SERVICE SADDLE: The unit price bid for each service saddle installed at proposed service line locations shall be considered compensation in full for all equipment, materials, and labor to furnish and install complete -in -place. Service saddles shall be stainless steel (Smith -Blair 372 or equal). 49. TEMPORARY WATER SYSTEM: The lump sum unit price bid for Temporary Water System shall be considered compensation in full, including but not limited to piping, fittings, disinfection, testing and demolition, to provide a temporary water delivery system approved by the Engineer. The water main installation and temporary water distribution shall be completed in a manner so fire protection can be maintained. Contractor shall submit a phasing plan to the City. In addition, Contractor shall submit to the Engineer for review and approval, a plan detailing how water will be provided, pipes disinfected and tested, and removed for the affected residents. The plan must be designed to minimize pressure and flow losses from the existing supply condition. The temporary water installation plans shall be submitted to the City two weeks prior to the start of water main installation. All water main flushing shall be performed by City staff, and requires a minimum 48-hour advance notice. The Engineer will cooperate with Contractor to determine the best method for providing the Work. SC-38 601 50. FURNISH AND INSTALL HYDRANT (2504): The unit price bid shall be considered compensation in full to furnish and install each hydrant in accordance with CEAM Specifications and the detail in the Plans. The unit price bid shall also include, but not be limited to, drain rock, plastic wrap, pipe restraints, disinfection and testing to complete the installation in complete conformance with such specifications and the Plan detail. Contractor shall be required to restrain all hydrant fittings beginning from the main. Each hydrant shall have a 6-inch auxiliary gate valve & box. The 6-inch auxiliary gate valve & box and 6-inch PVC (C-900) hydrant lead shall be paid for separately under their respective bid items. For hydrant replacements connecting to an existing water main, the connection from the new hydrant lead to the existing main shall be considered incidental to the Furnish & Install Hydrant (2504) item. 51. FIRE HYDRANT MARKERS (2504): The unit price bid for each Fire Hydrant Marker shall be considered compensation in full for all equipment, materials and labor to furnish and install complete, in -place as directed by the Engineer. Hydrant Marker shall be EZ See Hydrant Markers (72610 W-R 10501) with reflective tape (65' overall length), or approved equal, and installed in accordance with the manufacturer's instructions or as directed by the Engineer. 52. CONNECT TO EXISTING WATER MAIN (2504): The unit price for Connect to Existing Water Main shall be compensation in full, but not limited to, locating, excavating, draining down and cutting into the existing pipe. Sleeves, fittings and pipe required to make the connection will be paid for at their respective unit prices. 53. ADJUST GATE VALVE BOX (2504): Contractor shall be required to adjust all gate valve boxes as directed by the Engineer. The unit price bid for each gate valve box adjustment shall be considered compensation in full for all equipment, materials, and labor including, but not limited to bituminous patching mixture, to set the valve box as directed by the Engineer. All valves within the roadway shall be set to 1/4-inch below the elevation of the finished pavement surface. Valve elevations shall be verified by Contractor within 24 hours prior to wear course paving. 54. GATE VALVE AND BOX (2504): The unit price bid for each size gate valve shall be considered compensation in full to install the auxiliary and/or mainline valve complete in -place in accordance with the detail in the Plans and the following requirements. All gate valves shall be iron body, resilient wedge, in accordance with AWWA C509, non -rising stem with O-ring packing with a working pressure of 150 psi. They must open counterclockwise and be equipped with mechanical joints and 2-inch square, corrosion -resistant stainless steel operating nuts. They shall also be fusion -bonded, epoxy -coated and equipped with stainless steel bolts, Type 304, alloy group 1, CW condition meeting the requirements of ASTM F594 to provide corrosion protection. All valves shall be installed with size G Tyler #6860 boxes, #6 round base and a drop lid having the word "WATER" cast thereon. All valves, including but not limited to, auxiliary SC-39 602 valves shall also be installed with Power Sea ITM Model 5000 valve box aligners, or approved equal, to ensure the valve operating nut remains centered in the valve box. The boxes shall be capable of extending a minimum of one -foot upward from their initial installed position. All valves within the roadway shall be set to 1/4-inch below the elevation of the finished pavement surface. Valve elevations shall be verified by the Contractor within 24 hours prior to wear course paving. 55. DUCTILE IRON FITTINGS (2504): The unit price bid per pound for Ductile Iron Fittings shall be considered payment in full to install all such fittings complete in - place in accordance with the Specifications. It shall also include, but not be limited to, all megalug glands, rods or other restraining devices or corrosion inhibitors the Engineer deems necessary to restrain or protect such fittings/restraints. All bolts and nuts used in the construction of water mains on this project shall be stainless steel or "Core Blue." Contractor shall be required to restrain 6-inch and 8-inch fittings a minimum of 20 feet from all such fittings; 12-inch fittings shall be restrained a minimum of 40 feet from all such fittings. All fittings on the hydrant lead shall be restrained back to the tee fitting on the main. Ductile Iron Fittings shall meet the following requirements: ➢ ANSI/AWWA C153/A21.53, "American National Standard for Ductile Iron Compact Fittings, 3-inch through 24-inch, and 54-inch through 64-inch for Water Service," ➢ ANSI/AWWA C111/A21.11, "American National Standard for Rubber Gasket Joints for Ductile Iron Pressure Pipe and Fittings," ➢ ANSI/AWWA C116/A21.16, "American National Standard for Protective Fusion Bonded Epoxy Coatings for the Interior and Exterior Surfaces of Ductile Iron and Gray Iron Fittings for Water Supply Service." Ductile Iron Fittings shall be measured by the pound, in accordance with the published American National Standard. Joint accessories or restraint shall not be considered in the weight. 56. 4" POLYSTYRENE INSULATION (2504): The unit price bid per square yard for 4" Polystyrene Insulation shall be considered compensation in full to insulate water mains and sewers from freezing. It shall include all equipment, materials and labor to place 4-inch thick high -density polystyrene Styrofoam insulation as directed by the Engineer over the top of the pipe to be protected. 57. MANHOLES AND CATCH BASINS (2506): All Manholes and Catch Basins shall be constructed in accordance with the Provisions of Section 2506 of MnDOT Specifications, except as modified herein. The use of a manhole debris catcher equal or equivalent to that provided by Grappler Specialty Products (www.grapplerusa.com) must be used when constructing, adjusting or reconstructing drainage structures on this SC-40 603 project. The intent is to catch falling debris such as mortar, soil, etc. All costs related to providing and use of such product shall be considered incidental to such construction, adjustment or reconstruction of structures. The unit price bid for each type of sanitary or storm structure shall be considered compensation in full to construct each manhole, median/yard drain or catch basin complete, in -place in conformance with the Plans, excluding the casting assembly. Casting, rings and casting adjustment to final elevation shall be paid for under the F&I Casting Assembly (2506) item for each type of casting. Design K Drainage Structures shall be constructed in accordance with MnDOT Specification 2506, with the details on the Plans and as directed by the Engineer. Design 4020 Drainage Structures shall be constructed in accordance with MnDOT Specification 2506, MnDOT Standard Plates, the Plans, and as directed by the Engineer. All storm sewer structures that will have castings in the proposed curb and gutter shall be furnished with Neenah Casting Assembly R-3067-L, or approved equal. All other storm sewer castings shall be Neenah Casting Assembly R-1733 or Neenah Casting Assembly R-4342 for Median/Yard Drains, or approved equal. Drainage Structures Design 4020 which have the casting assembly R-3067-L designated, shall be constructed with a 24" x 36" opening on the top slab to match the dimension of the casting. The unit price bid to Connect to Existing Drainage Structure and Connect to Existing Structure (Sanitary) shall be considered compensation in full, including but not limited to, excavating, breaking into the existing structure, repairing unused holes in the structure and repairing or modifying the existing invert to match new pipe locations, as directed by the Engineer. Connect to Existing Drainage Structure shall be measured and paid for by the number of new pipes connected to the existing structure. No payment will be made for connection of pipes to new structures constructed under this project. 58. FURNISH AND INSTALL MANHOLE BAFFLE: The unit price bid per square foot to furnish and install Manhole Baffle shall be considered compensation in full for all materials, equipment and labor to install a SAFL Baffle, The Preserver (Momentum Environmental) or approved equal, into each size Design 4020 Drainage Structure complete, in -place as specified in the plans, in accordance with the manufacturer's recommendations and as directed by the Engineer. Measurement for payment will be made by surface area of the installed baffle, with the width being the diameter of the sump manhole being fitted, and the height being the vertical height of the panel or panels installed. A supplier of the SAFL Baffle is Upstream Technologies, Chanhassen, Minnesota, telephone: 651.295.3369. A supplier of The Preserver is Brock White Company, St. Paul, Minnesota, telephone: 651.647.0950. SC-41 604 Requests for products to be accepted as approved equal must be submitted to the Engineer a minimum of two weeks prior to the bid opening. Detailed product information must be submitted showing the approved equal condition (efficiency test results, material specifications, etc.). Approved equal products will be provided to plan holders by addendum prior to the bid opening. Requests for approved equal materials that have not been submitted in accordance with the above will not be considered for use on this project. Contractor shall install the baffle at the elevation shown on the plans, with a vertical tolerance of +/- 0.5 inches. The baffle must also be installed at the horizontal midpoint of the sump, perpendicular to the inlet pipe. The top and bottom rails of the baffle must be level, with no tolerance on levelness. Upon completion of installation, baffle panels may overlap as much as 2 inches, or the edges of adjacent panels may touch one another without overlapping. However, no gap is allowed between baffle panels. SAFL Baffle Materials — 1. Baffle Panels a. Stainless steel shall be Type 304. b. Stainless steel shall have a minimum yield strength of 31,000 pounds per square inch (psi). c. Modular baffle panels shall be manufactured to allow insertion through the City's standard storm sewer castings. d. Minimum panel height of 33, 44, or 54 inches as determined by inlet size (see Plans). e. Minimum panel thickness shall be 1/8 inch. 2. Frame a. Shall consist of 1" x 1" square stainless steel tube with 1/8" thick walls. b. Connector on top and bottom frame rails shall consist of a solid square stainless steel bar measuring 7/8" by 7/8" in cross section. 3. Anchor Bolts a. Must be 3/8" Diameter. b. Must have a mechanism, approved by the Engineer, that expands against the sides of a hole drilled in the concrete structure wall, to secure the bolt. c. Minimum pullout strength of each anchor shall be 2,200 pounds and minimum shear strength shall be 2,500 pounds. 4. Screws and Bolts a. Must conform to MnDOT 3319.2E. The Preserver (Momentum Environmental) 1. Construct Structural Pollution Control Devices (SPCDs): The storm sewer system designed for this project includes SPCDs. These structures shall be commercially available products that are fabricated and constructed in accordance with the applicable provisions for manholes and catch basins as defined in these project Specifications, the manufacturer's recommendations, and the following: SC-42 605 a. Materials Requirements: i. Connections shall be watertight, either via elastomeric seals or cemented by the Contractor using non -shrink grout. ii. Internal components and hardware shall be made of non -corroding material only — stainless steel, aluminum, reinforced concrete, fiberglass, or copolymer plastic. iii. Castings shall be vented and meet local government unit's requirements. iv. The structures and castings shall be rated for HS-20 loading. b. Project Performance Requirements: i. All units must: (a) Be non -mechanical and flow driven, requiring no external power. (b) Not block/clog or have a reduction of treatment capacity during normal operation. (c) Be configured to minimize the potential for scour and resuspension of materials during high flows. (d) Be designed to not allow trapped pollutants to be released during temporary backwater conditions. (e) Be designed and constructed such that it can be inspected and maintained from the surface without requiring entry into the structure. (f) Have a storage sump sized so that it is capable of storing a volume of material that would allow the SPCD to be fully functional if cleaned only one time per year at equal intervals. (g) Not exceed a total build depth (rim to sump) of 20' for purposes of maintenance. 59. IRON -ENHANCED SAND FILTERS (2502): This work shall consist of constructing an iron -enhanced filtration basin with a permeable aggregate base system, an Ethylene Propylene Diene Monomer (EPDM) liner and subsurface drains to collect and treat stormwater. The pipe drain materials shall be in accordance with the applicable provisions of 2502. Contractor shall submit a grain size analysis of the specific product from a testing facility to certify that sieve size requirements (by weight) are met before shipment to the site. A. SEQUENCING AND SCHEDULING 1. Install storm sewer and all piping prior to the installation of the sand -iron filter media. B. SUBMITTALS 1. Prior to installation of components, Contractor shall submit all necessary documents and/or materials for approval by the Engineer. 2. Sample of each component of the soil medium and a blended mixture. 3. Submit complete shop drawings to the Engineer including details of all connections made in the shop or field for fabricated items. SC-43 .m C. PRODUCTS 1. Iron -Sand Filter Media a. Washed Sand: Gradation: The washed sand shall meet the requirements of MnDOT Standard Specification 2451.513 for fine filter aggregate Sieve size Percent passing #4 100% #8 95-100% #16 75-90% #30 25-45% #50 0-10% #100 0-10% #200 0-5% b. Steel Fiber (spec ETI CC-1004) shall be provided by Connely-GPM, INC., 3154 South California Avenue, Chicago, IL 60608-5176, PHONE: (773) 247-7231, or Engineer -approved equivalent, and be completely mixed/blended into the sand (mixing shall be considered incidental to the Iron Filings bid item). The mixture of steel fiber and sand shall consist of a minimum of 5% and a maximum of 6% steel fiber, by weight. Contractor shall submit a grain size analysis of the specific product from a testing facility to certify that sieve size requirements (by weight) are met before shipment to the site. The Engineer may require further testing if visual inspection suggests gradation varies from delivered product. Sieve size Percent passing #4 100% #8 95-100% #16 75-90% #30 25-45% #50 0-10% #100 0-10% #200 0-5% c. Filter Media: The media shall consist of an evenly blended mixture of 95% washed sand and 5% iron filings by weight. The percentage of iron shall not vary by more than +/- 1.0% for any given sample and +/- 0.5% for the overall aggregate average of all samples. D. EXECUTION 1. General a. Following installation of outlet control structures, install the EPDM liner (45 mil) per the specifications. b. Place select granular borrow and suitable on -site fill in areas that don't receive iron sand. SC-44 607 c. Install PVC under drain, PVC cleanouts & atrium grate -vents, and knife gate valves & assembly, or those components as detailed for each basin. d. Sand -iron filter media to be mixed on site only, by means approved by Engineer (on -site blending system, walk -behind roto-tiller, or approved equivalent). No cross -contamination of foreign materials or soils into the sand/steel fiber mixture may occur prior to placement. Sand/Steel Fiber Mixture shall not be placed until Engineer approves mixture. This approval may take up to 7 days after mixing if laboratory tests are necessary. Contractor shall allow for this time gap in its Scheduling of Work. Any sand/steel fiber stockpile(s) shall not exceed 5 feet in order to keep the stockpile aerated. e. Install mixed sand -iron filter media to provide a uniform distribution of the filter media to final grade. f. Media shall not be placed until the contributing drainage area is fully stabilized, unless rigorous erosion prevention and sediment controls are placed (incidental to basin construction) to keep sediment and runoff completely away from the filtration area. g. The sand -iron filter media shall be placed to minimize compaction of these materials and the underlying soil. No construction vehicles, including skid steer loaders, shall be allowed within the footprint of the excavation after Trench Media has been placed. h. Sand -iron filter media shall be placed evenly over the under drain piping system to the elevations shown on the Drawings. Contractor shall take care to prevent damage to under drain piping system while backfilling. Contractor shall notify Engineer of any damage and repair as approved before proceeding. i. Placement of sand -iron filter media shall be accomplished by dumping from the edges and spreading with a backhoe bucket, or some other acceptable means determined by Contractor and approved by the Engineer. If spreading with a backhoe is not possible for all areas, only tracked skid steers or other low ground pressure equipment shall be allowed in the basins to spread the sand -iron filter media. Even then, this method shall be minimized as much as possible. In all cases, travel over the filter media shall be prohibited. j. Install site vegetation and restoration measures as shown on the Drawings. Stabilization must be completed within 7 days after installation iron -enhanced sand. E. METHOD OF MEASUREMENT: The method of measurement for the iron - enhanced sand filter shall be at the contract unit bid items as listed in the statement of estimated quantities. Measurement shall include all materials, labor, and equipment, grading, iron filings/sand filter bed, geomembrane system, piping, valves and fittings. F. BASIS OF PAYMENT: Payment for iron -enhanced sand filter shall be based on the contract unit bid prices for each component listed below: storm sewer items, clearing and grubbing and excavation associated with the installation of SC-45 .m the iron -enhanced sand filter, as well as turf establishment and erosion control devices, shall be in accordance with those specific plans and specifications described elsewhere. Steel fiber for sand media shall be paid for as tons of steel fibers soil correctly placed, with item 2574.601 Iron Filings (5%). Washed sand shall be paid for under item 2451.607 Fine Filter Aggregate. EPDM 45 liner shall be paid for under item 2108.604 Geomembrane System. 6-inch Valterra Knife Gate Valve with 12-inch PVC housing shall be paid for under item 2502.602 6-inch gate valve and box. 15-inch Tideflex CheckMate Inline Check Valve shall be paid for under item 2502.602 15" Inline Check Valve. G. FIELD QUALITY CONTROL 1. Media Mix Tests: Following the installation of the iron -sand filter media (media), Contractor shall collect representative samples of the installed media and have them tested by an approved soil testing agency at Contractor's expense. 2. Testing shall confirm homogeneous mixing of the media and overall average percentage of the iron within the media. 3. Testing Frequency: Contractor shall collect and test one sample per sampling layer per 2,000 square -feet of filter surface area. 4. Each sampling layer shall be per each 12" or faction thereof of installed media thickness, with a minimum of two sampling layers. 5. One sampling layer shall be taken within the upper 6" of media depth and one sampling layer within the bottom 6" of media depth. Additional sampling layers as required shall be located evenly throughout the filter media depth as specified below: Filter Media Thickness # of Sampling Lavers <_ 12" 2 (1 in upper 6", and 1 in lower 6") 12" < and <_ 24" 3 (1 in upper 6", 1 at mid depth, and 1 in lower 6")* 24" < and <_ 36" 4 (1 in upper 6", 1 at 1/3 depth, 1 at 2/3 depth, and 1 in lower 6") *The required number of tests specified for this project per 2,000 square - feet of filter surface area, for a total of 6 tests. 6. Testing Requirements: Each sample shall be tested for percent (%) iron content by weight and particle size for the granular portion (washed sand) of the media. 7. Quality Control Requirements: The % of iron for any one sample shall not vary by more than 1 % from the percentage specified for the iron -sand filter SC-46 M• media ratio. The aggregate average of all samples shall not vary by more than 0.50% from the percentage specified for the iron -sand filter media ratio. 8. The particle size (gradation) of the granular portion (washed sand) of the media shall be consistent with the specifications and/or the certified gradation report of the approved material. 9. Do not install iron -sand filter media until drainage & storm sewer infrastructure has been inspected and approved by the Engineer. 10. Do not connect to inflow pipe, inlet structures, and/or remove inflow temporary plugs until the system has been inspected and approved by the Engineer. 60. FURNISH AND INSTALL DIVERSION STRUCTURE SPECIAL (2506): The unit price bid to Furnish and Install Diversion Control Structure Special shall be considered compensation in full to construct the Special Diversion structure at the intersection of 23rd Avenue North and Valders Avenue North as detailed in the plans. It shall include, but not be limited to, constructing a reinforced cast in place weir in the interior of the structure, all barrel sections, formed invert, and top section required to construct the structure complete in -place. No claims for additional compensation to remove or replace existing or to install new pipes into the structure shall be considered. 61. FURNISH AND INSTALL OUTLET CONTROL STRUCTURE SPECIAL (2506): The unit price bid to Furnish and Install Outlet Control Structure Special shall be considered compensation in full to construct the Outlet Control Structure at the iron -enhanced filtration basin on 23rd Avenue North as detailed in the plans. It shall include, but not be limited to, constructing all barrel sections, formed invert, top section and grate required to construct the structure complete in -place. No claims for additional compensation to remove or replace existing or to install new pipes into the structure shall be considered. 62. FURNISH AND INSTALL CASTING ASSEMBLY (2506): The unit price bid for each casting assembly shall be considered compensation in full for all equipment, materials and labor to furnish and install the specified casting in accordance with MnDOT Specification 2506, including but not limited to setting the casting to the correct height and sealing the casting and rings in accordance with the detail, casting adjustment specification and as directed by the engineer. Adjusting frame and ring casting will not be measured separately for any structures receiving a new casting assembly. See Plans for schedule of castings assemblies. Contractor shall adjust all castings within the roadway to 1/4-inch below the finished pavement surface within 48 hours after the base course paving is complete. SC-47 610 63. FURNISH AND INSTALL CASTING FRAME (NEENAH R-1733 FRAME) (2506): The unit price bid for each casting frame assembly shall be considered compensation in full for all equipment, materials and labor to furnish and install the specified casting frame in accordance with MnDOT Specification 2506, including but not limited to setting the casting to the correct height and sealing the casting and rings in accordance with the detail, casting adjustment specification and as directed by the engineer. Adjusting frame and ring casting will not be measured separately for any structures receiving a new casting frame assembly. Contractor shall adjust all castings within the roadway to 1/4-inch below the finished pavement surface within 48 hours after the base course paving is complete. 64. INSTALL SALVAGED COVER (2506): The unit price bid for installing each salvaged sanitary manhole cover shall be considered compensation in full for all equipment, materials and labor to install each salvaged cover onto a new casting frame (paid for under separate bid item) at locations shown in the Plans or as directed by the Engineer. 65. RECONSTRUCT MANHOLE STRUCTURE (2506): The unit price bid per linear foot shall be considered compensation in full to reconstruct manhole structures so designated in accordance with MnDOT Specification 2506. The unit price bid shall include salvaging existing top slab, removal of existing cone and/or barrel sections, furnishing and installing 42-inch (or other diameter barrel sections as existing structure diameters dictate) diameter barrel sections, sealing new barrel joints, reinstalling salvaged top slab, setting and adjusting the casting to its final elevation and sealing rings in accordance with the Adjust Frame & Ring Casting (2506) of these Specifications. Adjustment rings shall be the same diameter as top slab opening. Contractor will be required to field verify structure diameter on all manholes to be reconstructed prior to performing the work. Contractor will also be required to furnish and install any needed barrel sections to complete the manhole reconstruction. Each new barrel joint shall be sealed with Infi-ShieldTm 6" external rubber seal wrap as manufactured by Sealing Systems Inc. or submit for "As -Equal" two (2) weeks prior to bid opening. A supplier for Infi-Shield TM is Ess Brothers and Sons, Inc., Loretto, Minnesota. Measurement shall be made from the lowest point of the barrel section actually reconstructed to the bottom of the finished casting elevation. The use of a manhole debris catcher equal or equivalent to that provided by Grappler Specialty Products (www.grapplerusa.com) must be used when constructing, adjusting or reconstructing sanitary and storm manholes on this project. The intent is to catch falling debris such as mortar, soil, etc. All costs related to providing and use of such product shall be considered incidental to such construction, adjustment or reconstruction of structures. SC-48 611 66. CONSTRUCT BULKHEAD (2506): The unit price bid for each interior structure repair shall be considered compensation in full to bulkhead/patch each existing pipe opening as directed by the Engineer. The unit price bid shall include all labor, materials and incidentals to complete the work at locations where pipes will be abandoned adjacent to existing structures, or as directed by the Engineer. 67. ADJUST FRAME & RING CASTING (2506): The unit price bid for adjusting each frame and ring casting shall be considered compensation in full including, but not limited to, furnishing new adjusting rings, sealing the rings and casting, bituminous patching, sawing necessary to raise the castings and setting them to the elevation designated by the Engineer, and in accordance with the detail. This applies to existing structures only, which are not receiving a new casting. Compensation for adjusting, sawing, patching and sealing rings and castings on structures constructed, reconstructed or furnished and installed under this Contract shall be included in the unit price bid for such construction or reconstruction. Adjustment rings shall be the same diameter as top slab opening. Contractor shall adjust all castings within the roadway to 1/4-inch below the finished pavement surface within 48 hours after the base course paving is complete. The use of a manhole debris catcher equal or equivalent to that provided by Grappler Specialty Products (www.grapplerusa.com) must be used when constructing, adjusting or reconstructing sanitary and storm manholes on this project. The intent is to catch falling debris such as mortar, soil, etc. All costs related to providing and use of such product shall be considered incidental to such construction, adjustment or reconstruction of structures. 68. RANDOM RIPRAP (2511): The unit price bid per cubic yard of Random Riprap Class III shall be considered compensation in full for all equipment, materials and labor to furnish and install riprap in accordance to MnDOT Specification 2511 (except as modified below), the detail in the plans, and as directed by the Engineer. All riprap used on project shall be field stone. No limestone will be allowed. Geotextile Fabric, Type IV shall be placed under riprap as shown on the detail in the plans and as directed by the Engineer. The fabric shall meet the requirements of MnDOT Specification 3733 and be paid separately under the Geotextile Fabric, Type IV item. 69. ARTICULATED BLOCK MAT (2515): The unit price bid for each type of articulated block mat shall be considered compensation in full to construct in accordance with MnDOT Specification 2515, these Specifications and to the full satisfaction of the Engineer. SC-49 612 Screened topsoil borrow to fill voids in articulated block mat in accordance with MnDOT 2515 shall be considered incidental, including placement. 70. WALKS (2521): The unit price bid for each thickness of concrete walk shall be considered compensation in full to construct the walk in accordance with MnDOT Specification 2521, these Specifications and to the full satisfaction of the Engineer. A. Excavation and Embankment (2106): The excavation and embankment shall be constructed in accordance with the provisions of Section 2106, except as modified herein. At locations where fill is required to construct the walk, Contractor shall utilize select granular borrow at the unit price bid per ton and compact the fill material using the "Ordinary Compaction Method". B. Concrete Pedestrian Ramp (2521): All concrete pedestrian ramps shall be constructed in accordance with the Provisions of MnDOT 2521, except as modified herein. At locations where pedestrian curb ramps are to be constructed or reconstructed, removal and disposal of the in -place concrete walk, concrete curb and gutter and any sawing that may be required shall be paid for at the unit price bid for the respective bid item. The pedestrian curb ramps shall be constructed in accordance with the details in the Plans. The truncated dome panels shall be "Detectable Warning Plates", Model #R4984 (cast iron with no powder coated finish), as manufactured by Neenah Foundry Company, telephone: 800.558.5075, Tuf Tile ADA detectable warning products, telephone: 888.960.8897, or an approved equal. The unit price bid for Truncated Domes shall be measured by the square foot, and shall be considered compensation in full to install them as directed by the Engineer. The concrete walk into which the panels are placed shall be measured by actual square foot area placed and paid for under item 6-inch Concrete Walk unless otherwise noted in the plans. C. Concrete Walk Special (Step) (2521): Construct concrete steps in accordance with the Provisions of MnDOT 2521 and as directed by Engineer. Measure by area in square feet of riser area (step width x riser height) for material acceptably installed. Payment includes all labor, equipment, and materials to complete the work. The concrete to be used for hand -placed flatwork shall be placed in accordance with the provisions of MnDOT Specification 2521, and these Specifications. However, Contractor may, with the Engineer's approval, modify the concrete mixture to reduce the possibility of defects. However, the unit price bid for concrete pavement shall remain the same. All extra costs for such modification shall be borne by Contractor. SC-50 613 All contraction joints in new walk constructed under this contract shall be saw cut. The cost for providing the saw cut joints shall be included in the unit price bid for each thickness of walk. No additional compensation shall be considered for sawing joints in new walk. Upon completion of saw cutting the joints, the concrete walk must be cleaned to the satisfaction of the Engineer. Sawcuts shall extend to at least 30% of the walk thickness. All expansion joints constructed in the new walk shall be tooled and shall be 1/4-inch radius to meet current PROWAG standards. 71. CONCRETE CURB AND GUTTER (2531): Concrete Curb and Concrete Curb and Gutter shall be placed in accordance with the provisions of MnDOT Specification 2531, and these Specifications. Replacement of curbs and driveway panels will be paid for under the bid items for 2531 Concrete Curb and Gutter Design B618 and 6" Concrete Pavement. Removals of existing concrete items will be paid for at the Unit Price Bid for such removals. Concrete Curb and Gutter removals shall be paid for under the Remove Concrete Curb and Gutter Item regardless of length. Each size and type of concrete curb and concrete curb and gutter will be paid for under its respective bid item. Necessary bituminous patching shall be paid for under the item for such work. In some areas, the Engineer shall require Contractor to hand -place curbs, walks and pavements to avoid damage to landscaping, retaining walls, etc. No request for additional compensation shall be considered to accommodate this requirement. 72. 36" GUTTER THROUGH DRIVEWAY (2531): The unit price bid per square yard for 36" Gutter Through Driveway shall be considered compensation in full to construct the gutter in accordance with MnDOT Specifications, the detail in the plans, and as directed by the Engineer. Measurement shall be made on the actual square yards placed including the triangular area outside of the curb and gutter form the radii and reinforcement bars as detailed in the Plans. 73. CONCRETE DRIVEWAY PAVEMENT (2531): The unit price bid per square yard for 6" Concrete Driveway Pavement shall be considered compensation in full to construct aprons and driveways as directed by the Engineer, and in conformance with MnDOT Specification 2531, and the standard details in the Plans. 6-inch pavement shall be used on all residential driveways. All concrete driveway pavement shall be completed within three (3) days from the completion of curb at each driveway location. Failure to complete the Work in accordance with this requirement may result in the City withholding all monies due until the Work is completed. SC-51 614 For concrete driveways that residents elect to have replaced in conjunction with this Project, the unit prices bid for common excavation, aggregate base and concrete driveway pavement shall be considered compensation in full to perform such extra work as directed by the Engineer. No claims for additional compensation shall be considered. Any structural or surface defect which occurs on driveways constructed on this Project within the one-year warranty period, described in the General Conditions of these Specifications, including, but not limited to, hairline cracks, minor scaling, minor pop outs or unacceptable broom finish shall be cause for rejection of the pavement and replacement at Contractor's expense. Determination of defective pavement to be replaced shall be solely made by the Engineer. The concrete to be used for hand -placed flatwork shall be in accordance with the provisions of MnDOT Specification 2531, and these Specifications. However, Contractor may, with the Engineer's approval, modify the concrete mixture to reduce the possibility of defects. However, the unit price bid for concrete pavement shall remain the same. All extra costs for such modifications shall be borne by Contractor. Whenever the Engineer deems it necessary, Contractor shall phase driveway and curb construction to accommodate access to handicapped residents. This will include multiple mobilizations to ensure adequate cure time on the concrete before placing traffic on it. Compliance with this requirement will not lessen Contractor's responsibility to warrant the Work in accordance with these Specifications. 74. INSTALL SALVAGED MAILBOX AND SUPPORT (2540): The unit price bid to Install Salvaged Mailbox and Support shall be considered compensation in full to install each mailbox and support as directed by and to the Engineer's complete satisfaction. It shall include, but not be limited to, all excavation, materials and labor to install the materials as specified. The unit price for each item shall also include furnishing and installing any additional materials needed to supplement salvaged materials to complete the installation. 75. INSTALL SALVAGED RETAINING WALLS (2540): The unit price bid to install each type of salvaged retaining wall shall be considered compensation in full to install the salvaged material in accordance with these Specifications and to the complete satisfaction of the Engineer. It shall also include, but not be limited to, excavation if needed, aggregate base material, granular backfill, drain tile and geotextiles required by the Engineer to reconstruct the walls complete in -place. In the event additional materials must be provided to complete the wall construction, it shall be Contractor obligation to provide material matching the size, color and texture of the existing salvaged materials. Suitability of the match shall be at the sole discretion of the Engineer. Any extra materials provided will SC-52 615 be paid for under the item for installing salvaged retaining walls of the type placed. 76. INSTALL SALVAGED LANDSCAPE MATERIALS (2540): The unit price bid to Install Salvage Landscape Materials (inclusive of plastic/brick/rock edging, rock mulch (type 9), etc.) shall be considered compensation in full to install each material consistent with the adjoining material and to the Engineer's complete satisfaction. It shall include, but not be limited to, all excavation, materials and labor to install the materials as specified. The unit price for each item shall also include furnishing and installing any additional materials needed to supplement salvaged materials to complete the installation. 77. INSTALL SALVAGED BRICK PAVERS (DRIVEWAY OR WALK) (2540): The unit price bid to Install Salvaged Brick Pavers (Driveway or Walk) shall be considered compensation in full for all equipment, materials, and labor to install the required base/subbase material and pavers matching the pattern of the adjoining pavers. It shall include, but not be limited to, furnishing and placing aggregate base and sand leveling course, foundation preparation, edging and furnishing and installing additional paver brick as necessary to complete the Work to the Engineer's satisfaction. Pavers shall be laid on a base consistent with the existing pavers, but not less than 6-inches of Class 5 Aggregate Base topped with a washed sand leveling course. Grading and paver placement should facilitate positive drainage as shown in the Plans, and/or as directed by the Engineer. Should additional paver brick be required, it shall be the Contractor's responsibility to provide pavers matching color, size, quality and texture of the existing pavers and to the Engineer's satisfaction. 78. INSTALL SALVAGED SPLIT RAIL WOOD FENCE (2557): The unit price bid to Install Salvaged Split Rail Wood Fence shall be considered compensation in full to install salvaged wood fencing at the completion of grading operations in locations shown in the Plans to the Engineer's complete satisfaction. It shall include, but not be limited to, all excavation, materials and labor to install the materials as specified, including all materials necessary to construct new post foundations to match existing conditions. Payment also includes furnishing new fencing components as needed to match manufacturer/texture/color of existing materials. 79. INSTALL SALVAGED CHAIN LINK FENCE (2557): The unit price bid to Install Salvaged Chain Link Fence shall be considered compensation in full to install salvaged chain link fencing at the completion of grading operations in locations shown in the Plans to the Engineer's complete satisfaction. It shall include, but not be limited to, all excavation, materials and labor to install the materials as specified, including all materials necessary to construct new post foundations to match existing conditions. Payment also includes furnishing new fencing components as needed to match manufacturer/texture/color of existing materials. SC-53 616 80. INSTALL SALVAGED BRICK OR ROCK LANDSCAPE EDGING (2540): The unit price bid to Install Salvaged Brick Landscape Edging or to Install Salvaged Rock Landscape Edging shall be considered compensation in full to install salvaged brick or rock landscape edging at the completion of grading operations in locations shown in the Plans to the Engineer's complete satisfaction. It shall include, but not be limited to, all excavation, materials and labor to install the materials as specified. 81. TRAFFIC CONTROL AND MAINTENANCE (2563): Contractor shall maintain traffic at all times during construction in accordance with the current Minnesota Manual of Uniform Traffic Control Devices (MMUTCD) and its supplements, and as it may be deemed necessary by the Engineer. Contractor shall submit a temporary traffic control plan two weeks prior to construction. In the event that the City must install additional signs for traffic control for safety purposes, the cost for such measures shall be billed to Contractor or withheld from monies due. In order to facilitate project safety, Contractor shall position and schedule deliveries of all materials to be incorporated into the Work, such as pipe and castings, to minimize conflict with traffic flow. Failure to cooperate with the Engineer in this respect shall authorize the Engineer to have such materials removed from the Project by any means available until their use is imminent. The costs associated with such removal and return to the Project site shall be borne by Contractor with no additional compensation. Contractor shall be required to schedule his daily work to ensure that all excavations are filled in completely; adequate drainage is provided to prevent any water from standing on the Project site; and an adequate driving surface with class 5 or salvaged bituminous millings is provided at the completion of work each day. Contractor shall also schedule equipment and its work so no removal items, spoil or aggregate piles are left within the rights -of -way overnight except by express, written consent of the Engineer. All requirements for drainage and access herein shall apply to this work also. It shall also be Contractor's responsibility to handle all such salvaged material in a way to prevent segregation and/or contamination of all salvaged materials. Contractor will be required to have a motor grader on the site each day to facilitate the drainage and surface requirements. If, in the opinion of the Engineer, the driving surface is not suitable to provide access for residents, Contractor shall provide all granular material, at its expense, necessary to stabilize the roadbed and driveway entrances to carry the normal traffic present. Throughout construction, Contractor shall provide safe and adequate access at all times for residents, property owners and emergency vehicles. Access shall include the maintaining of ingress and egress of private driveways throughout construction except during Work related excavations, and concrete placement SC-54 617 and curing. It is anticipated that parking will need to be restricted to one side of the street during construction. Contractor shall be responsible under this item for providing and installing temporary parking restriction signing as directed by the Engineer. Throughout the duration of construction, Contractor shall coordinate with the City a minimum of at least twenty-four (24) hours in advance, any inconveniences to property owners. The City will provide Contractor with printed door hangers that shall be placed in resident's doors by Contractor no later than 5.00 p.m. the day before work is to begin. Contractor is responsible for notifying property owners of any limited access at least twenty-four (24) hours in advance. 82. INSTALL SALVAGED SIGNS (2564): The unit price bid for Install Salvaged Signs (Type C, Street Name Signs or Neighborhood Crime Watch signs) shall be considered compensation in full for all equipment and labor to relocate each sign, so designated, to the satisfaction of the Engineer. The Engineer shall, after completion of the curb and gutter placement, designate the signs that shall be relocated. Contractor shall review all signs and posts on this project designated for relocation prior to construction to determine existing damage. Any existing sign damage shall be reported to the Engineer immediately. All signs that have been damaged that Contractor fails to report shall become the responsibility of Contractor to replace. The unit price bid for each Install Salvaged Signs shall be considered compensation in full to reset all signs as directed by the Engineer. Any signs or posts damaged during the salvage/storage or reinstallation operations shall be replaced by Contractor at its expense. All signs considered necessary by the Engineer shall remain in -place throughout construction. Any sign that must be removed due to construction conflicts shall be temporarily reset by the end of the day it was removed, until it may be set at its permanent location. All costs for resetting signs shall be included in the lump sum bid for the traffic control. 83. FURNISH AND INSTALL SIGN TYPE C (2564): The unit price bid per square foot for sign panels of each type shall be considered compensation in full to place each panel specified in accordance with MnDOT Specification 2564, the Minnesota Traffic Engineering Manual, the details in the plans, and as directed by the Engineer. All new permanent Type C signs installed on this project shall be constructed of no less than .080" flat aluminum with Telespar punching. Sheeting for all signs shall be DG3 (Diamond Grade) Series 4090 reflective sheeting manufactured by the 3M Company, or an approved equal. SC-55 618 Posts and mounting hardware shall be included in the unit price for sign panels Posts and mounting hardware for Type C signs shall be in accordance with the plan details, applicable provisions of the Plans, Minnesota Traffic Engineering Manual and these Specifications. Signs shall be attached to posts with drive rivets and a nylon washer between rivet and sign facing. To avoid specular glare, Type C sign faces shall be mounted at approximately 93 degrees from the traveled roadway. All signs considered necessary by the Engineer shall remain in -place throughout construction. Any sign that must be removed due to construction conflicts shall be temporarily reset by the end of the day it was removed, until it may be set at its permanent location. Contractor shall receive no compensation for temporary relocations. 84. FURNISH AND INSTALL STREET NAME SIGN (2564): The unit price bid shall be considered compensation in full to furnish and install each street name sign assembly, including but not limited to the post, mounting brackets and sign panels specified in accordance with the details in the Plans and to the complete satisfaction of the Engineer. Signs shall be single faced with DG3 Series 4090 reflective sheeting manufactured by the 3M Company, or a mutually approved equal. Street name sign panels shall be pre -punched at the longitudinal midpoint of the sign with holes 7/16" in diameter to fit a standard Telespar post. Two 5/16" holes shall be pre -punched at the vertical midpoint of the sign spaced 1/2" center -on -center from the edge of the sign panel. It is the responsibility of the sign plate supplier to furnish signs punched to properly to fit the post and on each end to be secured back-to-back using a Cherry Mate and PVC spacer equal to the width of the Telespar support post. Posts and mounting hardware shall be included in the unit price for sign panels. Posts and mounting hardware for Street Name signs shall be in accordance with the applicable provisions of the Plans, Minnesota Traffic Engineering Manual and these Specifications. Signs shall be attached to posts with drive rivets and a nylon washer between rivet and sign facing. Street name signs shall be installed parallel to adjoining supplemental signs as directed by the Engineer. All signs considered necessary by the Engineer shall remain in -place throughout construction. Any sign that must be removed due to SC-56 619 construction conflicts shall be temporarily reset by the end of the day it was removed, until it may be set at its permanent location. Contractor shall receive no compensation for temporary relocations. 85. TREES AND SHRUBS AS SPECIFIED (2571): Residents on this project, at locations where existing trees and shrubs are designated for removal, shall be offered replacement trees and shrubs to be planted at new locations anywhere the resident chooses on their property. The unit price bid for each "Tree as Specified" shall be considered compensation in full for furnishing, planting and maintaining any of the following varieties in conformance with the planting details in the Appendices, and as directed by the Engineer: Shade Trees Red Maple `Northwood' or a Hybrid Variety (2-'/2" Caliper B&B) Honeylocust `Skyline' (2-'/2" Caliper B&B) Hackberry (2-'/2" Caliper B&B) Linden (2-'/2" Caliper B&B) Disease Resistant Elm (2-'/2" Caliper B&B) Sugar Maple (2-'/2" Caliper B&B) River Birch (Clump 6' B&B) Bur Oak Quercus macrocarpa (2" Caliper B&B) Swamp White Oak (2" Caliper B&B) Ornamental Tree Crabapple `Red Splendor' (2-'/2" Caliper B&B) Evergreens Black Hills Spruce (6' Tall B&B) Arborvitae `Techny' (5' Tall B&B) Austrian Pine (Pinus nigra) (6' Tall B&B) The unit price bid for each "Shrub as Specified" shall be considered compensation in full for furnishing, planting and maintaining the following varieties in conformance with the planting details in the Appendices, and as directed by the Engineer: Deciduous Shrubs Potentilla `Goldfinger' (#5 Cont.) Serviceberry `Regent' (#5 Cont.) Spirea `Anthony Waterer' (#5 Cont.) Dogwood Redtwig (#5 Cont.) Viburnum Compact American (#5 Cont.) Weigela `Red Prince' (#5 Cont.) Lilac, Common White or Purple (#5 Cont.) Evergreen Shrubs Juniper `Prince of Wales' (#5 Cont.) SC-57 620 Juniper `Sea Green' (#5 Cont.) Arborvitae `Techny Globe' (#5 Cont Yew `Taunton' (#5 Cont.) 86. TEMPORARY TREE PROTECTION FENCING (2572): The unit price bid per linear foot for tree fencing shall be considered compensation in full to place 4-foot high, orange polyethylene snow fence and maintain such protection as directed by the Engineer. All tree protection must be in place before any pavement is removed, and must remain in -place throughout the construction. Where tree fencing and silt fence are placed in the same location, Contractor may utilize the same posts for both applications. 87. EROSION AND SEDIMENTATION CONTROL (2573): Contractor shall provide temporary erosion control in accordance with the provisions of MnDOT Section 2573, the Bassett Creek Water Management Commission, Minnesota Department of Natural Resources, Minnesota Pollution Control Agency and the Engineer. In accordance with the Specifications, Contractor shall provide the Engineer with the name and 24-hour contact information of the Erosion Control Supervisor at the pre -construction conference. The unit price bid to provide an Erosion Control Supervisor for this project shall be considered compensation in full for the person to perform all duties in accordance with MnDOT Specification 2573. Compensation shall be considered all-inclusive on a lump sum basis, witl- no direct payment for each duty or for the number of hours worked. A. Street Sweeping: Contractor will be required to provide proof of ability to perform the street cleaning at the pre -construction conference. This proof may include demonstration of the ability to use his or her own equipment and forces, or an executed contract with a subcontractor. All sweeping shall be done between 7.00 a.m. and 7.00 p.m. daily, or more often as directed by the Engineer. The unit price bid per day to perform street sweeping shall be considered payment in full to sweep all areas, on a daily basis, deemed necessary by the Engineer to prevent sediment from entering any water body or storm sewer. Contractor shall furnish a pick-up sweeper, which actively controls dust and all trucks or other equipment the Engineer deems necessary to remove all sediment. Any additional street sweeping directed by the Engineer must be performed within four (4) hours of the Engineer's order. Failure to perform ordered street sweeping within this four-hour period would result in the sweeping being performed by the City of Golden Valley staff (minimum charge of $500 per hour with a 2-hour minimum) or by a contractor hired by the City. Any and all costs incurred by the City to perform street sweeping which is Contractor's responsibility will be deducted from the monies due to Contractor. Contractor shall be required to provide the Engineer with written documentation of performed sweeping at each weekly meeting. SC-58 621 B. Storm Drain Inlet Protection: 1. Wimco Inlet Protection. Contractor shall provide Wimco Inlet Protection devices, or approved equal, on all inlets where inlet protection is designated. Information on the Wimco devices can be obtained at www.roaddrain.com. Payment will be made on the basis of each structure protected through all phases of the Work. Use of different methods for protection in order to phase the Work or for the ease of the construction shall not be cause for multiple payments over one per structure. C. Silt Fence: Contractor shall install machine sliced silt fence and maintain as shown on the Plans, or as directed by the Engineer. Maintenance is to include repair of any torn or damaged silt fence immediately following discovery of the problem. Accumulated silt is to be removed when deposits reach approximately one-third the height of the silt fence, or more often as directed by the Engineer. D. Inspection of Erosion Control Measures: The Erosion Control Supervisor will be required to inspect all erosion and sediment control measures on a daily basis, and complete an inspection form to be provided by the City. These forms are then to be submitted to the Engineer at the weekly construction meetings. E. Concrete Washout Area: Contractor shall provide a concrete washout area that meets NPDES requirements and the Storm Water Pollution Prevention Plan (SWPPP). This shall be considered incidental. The concrete washout area shall include all necessary labor, materials and equipment to provide an onsite washout facility as shown on the detail in the Plans. F. Sediment Control Lop Type Straw: Contractor shall furnish, install and maintain as shown on the plans or as directed by the Engineer. G. Rolled Erosion Control Products: Contractor shall furnish, install and maintain specified categories of rolled erosion control products as shown on the plans or directed by the Engineer. H. Stabilized Construction Exit: Contractor shall furnish, install and maintain a stabilized construction exit as shown on the Plans or directed by the Engineer. 88. TURF ESTABLISHMENT (2575): Turf establishment shall be performed in accordance with the Provisions of MnDOT Specification 2575, except as modified herein: Four inches (4") of topsoil meeting the requirements of MnDOT Specification 3877 shall be included in the unit price bid per square yard of sod. The Contractor shall take reasonable measures to ensure topsoil is placed to the thickness required in the Plans. SC-59 622 Topsoil provided shall be free of debris, rocks in excess of 1/2-inch diameter, large organic material or other materials that do not contribute to plant growth. Evidence of such deleterious materials shall be cause for rejection and replacement at Contractor expense. The square yard unit price bid for sod, including 4" of topsoil, shall be compensation in full to place and maintain the sod for 30 growing days, as per MnDOT Specification 2575.A.26 and to the Engineer's satisfaction. When Contractor has completed sod placement in an area defined by the following requirements, the Engineer will inspect the Work and notify the Contractor of any deficiencies: ➢ No less than 1,000' of street length shall be approved for commencement of the maintenance period at any given time; ➢ Both sides of the street must be completed, including along driveways; ➢ Street sections must run the full length between intersections; ➢ Once the Engineer approves the sod placement, the 30-day maintenance period shall commence in accordance with MnDOT Specification 2575. All curbs shall be backfilled with Topsoil Borrow meeting the requirements of MnDOT Specification 3877 with no additional compensation. The Contractor shall also be required to examine the area behind the curb and remove all construction debris, including but not limited to, concrete and asphalt chunks, large stones, cement bags and cardboard fabric rolls. Contractor will not be permitted to use any type of equipment to place topsoil or sod on driveways which will, in the opinion of the Engineer, mar the surface with rubber tire marks (typically skid loaders) or topsoil. Any damage, including rubber tire marks or excessive soil staining, caused by Contractor shall result in replacement of the driveway to the Engineer's satisfaction. Sod placement on this project must be completed within two weeks of the placement of the base course of asphalt. Failure to complete the Work in accordance with this requirement may result in the City withholding all monies due until the Work is completed. Seeding The unit bid price per SY of Seeding shall include fertilizer and seed. The unit bid price shall be compensation in full to place and maintain per MnDOT specification and the Engineer's satisfaction. Seed shall be in accordance with MnDOT 3876, mixture(s) as designated in the Plans. Fertilizer shall be in accordance with MnDOT 3881 and be a slow -release nitrogen type, 10 20 20. Topsoil used for Seeding shall meet the requirements of MnDOT Specification 3877. Placement of Topsoil Borrow in areas designated in the Plans for Seeding SC-60 623 shall be in accordance with MnDOT 2474.3 and shall be included in the unit bid price per cubic yard of Topsoil Borrow. 89. LANDSCAPE EDGING (2575): Landscape edging to be installed in accordance with the Provisions of MnDOT Specification 2575, except as modified herein: A. Black Diamond Poly EdgingTM, or approved equal, shall be used to construct plant beds as shown on plan in accordance with the Technical Specifications for planting in the Appendices. All edging acceptably placed as directed by the Engineer shall be measured by the linear foot and paid for under this item. 90. MULCH MATERIAL (2575): The unit price bid for each type of Mulch Material shall be considered compensation in full to furnish and install the required mulch in new and/or existing plant beds in accordance with MnDOT Specification 2575. Landscape Rock (Mulch, Type 9) shall be in accordance with MnDOT Specification 3882, except that on areas designated for Type 9 mulch, the type of rock shall match the existing rock it is placed adjacent to. Landscape Rock (Mulch, Type 9) shall be measured and paid by the ton. Mulch Material, Type Special shall be used to construct landscape beds with processed shredded hardwood mulch in accordance with the Technical Specifications for planting in the Appendices. Mulch shall be placed a minimum of 4-inches deep. Mulch Material, Type Special shall be measured and compensated for by the area in square yards of mulch material acceptably placed. 91. PAVEMENT MARKINGS (2582): The unit prices bid for Pavement Markings to be used in the roadway shall be considered compensation in full to place all markings complete in -place as directed by the Engineer, and in accordance with MnDOT 2582. Contractor shall be responsible for all testing as described in the relevant Specifications. Reports for all testing required shall be submitted to the Engineer. All costs for temporary traffic control or temporary signage in conjunction with striping or other pavement markings shall be included in the lump sum bid price for Traffic Control. Payment for solid line multi comp shall be made on the basis of actual linear feet of painted line as noted in the Plan. Each thickness shall be measured separately and paid for under separate bid items. Payment for crosswalk multi comp, ground in, shall be made on the basis of actual square feet of painted line. Crosswalk lines shall be 3-feet by 6-feet and SC-61 624 spaced as directed by the Engineer. Recessing shall follow the requirements of MnDOT 2582. 92. RESTORATION: Contractor shall restore all adjoining properties to the Engineer's satisfaction. Contractor shall work with adjoining property owners and the City in protecting and minimizing any damage to adjoining landscaping, sprinkler systems, invisible pet fencing or other property. Indiscriminate damage to such systems shall obligate Contractor to replace such systems at its cost. 93. CLEAN PIPE SEWER: The unit prices bid for clean pipe sewer shall be considered compensation in full to clean pipe sewer and/or service laterals, regardless of size, to a condition for proper installation of the repair product for Bid Alternate B or Bid Alternate C. This shall include, but not be limited to, removing all roots, protruding taps, mineral deposits and loose pieces of pipe, as deemed necessary by the Engineer. 94. SANITARY SEWER MAIN REPAIR: The sanitary sewer repair sites under this Contract have been televised. The Proposal Form represents the probable work to be done at the various locations. The location of all work covered by the Proposal Form is shown on the Plans. It is not the intent of this Section to attempt to cover the entire problem, or the extent of the Work that may be required to repair the sewer at each site. Copies of the video showing sewer defects may be obtained by contacting the Golden Valley Engineering Department at 763.593.8030. A. Maintaining Flow: Contractor shall maintain flow at all times at all repair locations. Maintaining flow on all Sanitary Sewer repairs shall be considered incidental. B. Sewer Lining: The unit price bid per linear foot for lining sewers shall be considered compensation in full to line the pipe with a liner of the size and length specified on the Proposal. All lining required under this Contract must be completed at least two (2) weeks prior to placement of the bituminous wearing course (in the first area worked in). Liners shall be constructed with a resin impregnated tube. Each liner must be the full length of the area specified to be repaired. All costs associated with the installation to meet the following requirements shall be included in the bid price for sewer lining and/or service wye liners: 1. Mobilization and site preparation. 2. Televising and recording of sanitary sewer lines to be lined to determine existing conditions on a manhole -to -manhole basis. The recorded closed-circuit television (CCTV) video and written log of the pipeline shall be submitted to the Engineer by June 30, 2023 prior to lining. Contractor shall stop the camera at each service lateral and pan and tilt the camera in order to inspect the lateral connection to the extent possible. SC-62 625 3. Cleaning necessary to a condition for proper installation of the product. This shall include, but not be limited to, removing all roots, protruding taps, mineral deposits and loose pieces of pipe, as deemed necessary by the Engineer. 4. Determine if existing service connections are active or inactive and perform any investigative work that may be necessary to make this determination, including, but not limited to, dye testing, smoke testing, and coordination with homeowners. 5. Notification of affected residents including residents located downstream to the nearest manhole, at least 24 hours in advance of proposed lining installation, of limited or restricted usage of sewer lines. 6. Complete placement of approved lining material within sanitary sewer in accordance with the manufacturer's requirements, and as directed by the Engineer. 7. Hydrophilic seal the ends of the liner in manholes to provide a watertight seal, approved by the Engineer, and eliminates infiltration from between the liner and the existing pipe. 8. Grind and seal the edges of short lining segments (that do not go from manhole to manhole) to provide a watertight seal to eliminate infiltration from between the liner and existing pipe and to help pipe flow. 9. Flow control, including bypass pumping, if required. 10. Reinstatement and reconnection of service connections as directed by the Engineer. All reinstated services shall be cut open, then brushed to a smooth edge, to the satisfaction of the Engineer. 11. Post -lining internal television inspection and recording. Pre - and post- CCTV video shall be submitted to the Engineer and become the property of the City. 12. Cleanup. 13. Other appurtenant and incidental work. The only installers pre -qualified to do linings (defined as those areas where a lining is installed through the full length of the existing sewer between two adjoining manholes) are: Insituform, Inc., Veit, Visu-Sewer, Inc., Granite Inliner, LLC, Michels Pipe Services, S.J. Louis Trenchless, LLC, and HK Solutions Group. All other contractors or subcontractors wishing to become prequalified to perform this portion of the Work must apply two (2) weeks before bid opening and shall submit to the Engineer for approval: 1) a license or certificate from the manufacturer verifying their approval, 2) evidence of the installer's experience, including the number, total length and the locations of project installations to date using the proposed materials and methods, 3) names and telephone numbers of owners where work of this nature was done by the proposed installer, and 4) detailed technical SC-63 626 information pertaining to long-term design considerations of the product. The decision to accept or reject the applicant lies solely with the Engineer. All lining materials shall be in accordance with the provisions of ASTM: 1. F1216 — Rehabilitation of Existing Pipelines and Conduits by Inversion and Curing of a Resin Impregnated Tube. 2. D-3034 — Type PSM Poly (Vinyl/Chloride) (PVC) Sewer Pipe and Fittings. 3. D-1248 — Specification for Polyethylene Plastics Molding and Extrusion Materials. 4. F-1504 — Standard Specifications for Folded Poly (Vinyl Chloride) (PVC) Pipe for Existing Sewer and Conduit Rehabilitation. 5. F1743-96 — Practice for Rehabilitation of Existing Pipelines and Conduits by Pulled -in -Place Installation of Cured -in -Place Thermosetting Resin Pipe (CIPP). 7. D-1784 — Standard Specification for Installation of Deformed Poly (Vinyl/Chloride) and Chlorinated Poly (Vinyl/Chloride) Components. 8. D-2122 — Method for Determining Dimensions of Thermoplastic Pipe and Fittings. 9. D-3350 — Specifications for Polyethylene Plastics Pipe and Fittings Materials. The Contractor shall submit the following: 1. Manufacturer's product literature and application and installation requirements for materials used in the liner. 2. Manufacturer's product certification for materials used in the liner. 3. Liner pipe thickness design (cured -in -place) signed by a Professional Engineer licensed in the State of Minnesota. See ASTM F1216 Section A.5. 4. Liner pipe thickness design shall be in accordance with Appendix XI of ASTM F1216. In the liner thickness calculations, the minimum quality of the host pipe shall be five (5) percent, the enhancement factor (K) shall not be greater than 7.0; the minimum safety factor shall be 2.0; and the flexural modulus of elasticity shall be reduced to account for long-term effects and used in the design equation E1. The reduction shall be 75 percent for HDPE material, 65 percent for PVC material and 50 percent for cured -in -place pipe systems. 5. No liner will be approved for installation until liner thickness calculations have been submitted and reviewed for conformance with the Specifications and installation requirements. 6. Proposed plan for bypassing sewer signed by a Professional Engineer licensed in the State of Minnesota. 7. The finished liner shall be fabricated from materials which, when cured, will be chemically resistant to withstand internal exposure to domestic sewage. SC-64 627 All manhole connections shall be watertight, utilizing hydrophilic gaskets. CIPP Liners shall meet the following product requirements: 1. Resin: a. The liner bag shall be impregnated with polyester resin for general chemical applications. The resin shall not contain fillers, except those required for viscosity control unless approved by the Engineer. Up to 5% by mass thixotropic agent, which will not interfere with visual inspection, may be added for viscosity control. The resin shall contain a pigment to enhance visual clarity for inspection with video equipment. b. Epoxy resins may be required by Contractor, if conditions are deemed to warrant their use. 2. Felt Content: a. Content shall ensure cured thickness of liner as specified. b. Thickness of cured liner to be as specified (+10%-4%), and shall not include thickness of polyurethane inner liner. 3. Resin Content: a. Shall be 10 to 15% by volume greater than volume of felt in the liner bag. 4. The cured liner shall conform to the following minimal structure standards listed herein: Standard Value Tensile Strength ASTM D638 3,000 psi Flexural Modulus of Elasticity ASTM D790 250,000 psi Flexural Strength ASTM D790 4,500 psi 5. The fabric liner shall be fabricated to the size such that when installed, will fit the internal circumference of the pipe. Contractor shall allow for circumferential stretching during insertion for such sizing. 6. Contractor shall certify that CIPP shall meet the chemical resistance requirements of ASTM F1216, Appendix X2. When requested by the Engineer, Contractor shall submit test results from previous field installations in the USA of the same resin system and tube materials as proposed for the actual installation. These test results must verify that the CIPP physical properties specified have been achieved in previous field applications. Testing samples for this project shall be made and tested at the Contractor's expense. It shall be the responsibility of the City to provide locations of all manhole access points. Contractor shall be responsible for making the manholes accessible for the Work. Any traffic control deemed necessary by the Engineer shall be provided by Contractor, and included in the lump sum price for Traffic Control. SC-65 628 1. CIPP liner insertion shall be performed in accordance with the manufacturer's recommendations, and in such a way to fully extend the tube to its termination point, hold the tube tight against the pipe wall, and produce dimples at service connections and flared ends at maintenance holes. Lubricants may be used as necessary. Care shall be taken so as not to over -stress the liner material. 2. Temperature gauges shall be placed to determine the temperature of the incoming and outgoing water from the heat source. Another such gauge shall be placed inside the tube at the remote end to determine the temperature at that location during the cure cycle. Contractor shall supply a suitable heat source and water circulation equipment to deliver hot water throughout the section to be cured by means of a pre -strung hose to uniformly raise the water temperature above the temperature required to effectively cure the resin in accordance with the manufacturer's recommendations. 3. Contractor shall maintain the manufacturer's recommended hydrostatic pressure and temperature throughout the curing process and for the duration recommended by the manufacturer. Compressible gases such as air or steam shall not be used. 4. Initial cure shall be considered complete when the exposed portions of the pipe are hard and sound and the remote temperature sensor indicates that the temperature is high enough to create an exotherm. 5. Contractor shall slowly cool the hardened pipe liner in a temperature below 100 degrees F before releasing the hydrostatic pressure. Cool down may be accomplished by introducing cool water into the inversion standpipe to replace water drained from a small hole placed in the downstream end. Final pressure release shall be slow to avoid development of a vacuum in the newly formed pipe liner. 6. A tight seal shall be achieved at the ends of the liner. If this is not achieved, then a seal must be achieved by applying a coating of a resin mixture compatible with the liner material at the manholes. 7. Steam curing shall not be used unless Contractor meets the following qualifications: a. Contractor shall be licensed and certified by the manufacturer of the CIPP Lining process and have successfully completed at least 5 CIPP Lining Projects and aggregate length of at least 10,000, of which 2,000 linear feet must be greater than 9-inch pipe using steam curing. b. Each installation crew must be directly supervised by a dedicated foreman having previously supervised the successful installation of at least 5 CIPP Lining Projects and aggregate length of at least 10,000, of which 2,000 linear feet must be greater than 9-inch pipe using steam curing. SC-66 629 Contractor shall reopen branch connections to buildings without excavation using a remote -controlled cutting device monitored by a video television camera. Contractor shall certify he/she has a minimum of two (2) complete working cutter units plus spare key components on the site before each lining process begins. After the sewer lining is complete, Contractor shall re-establish all active service connections as soon as practical and before any adverse effect is experienced by the resident. Contractor shall determine active services during pre -construction televising. If Contractor is unable to re-establish sewer service connections inside the pipe and excavation is necessary, the cost and liability of such excavation shall be the responsibility of Contractor, including any additional landscaping or turf establishment. Significant wrinkles, as determined by the Engineer, shall be cause for rejection of the liner. Rejected liners shall be completely removed and the pipes relined to provide a smooth pipe interior. The cost for all such removals and relining shall be borne by Contractor. Contractor shall warrant and save harmless the City against all claims for patent infringement and any loss thereof. C. Increased or Decreased Quantities: No consideration will be given to requests for extra compensation due to increased or decreased quantities. 95. SANITARY SEWER SERVICE WYE SEALING VIA GROUT PACKER INJECTION METHOD (BID ALTERNATE B): Work shall consist of sealing sanitary sewer lateral service connections identified by the City. Contractor shall: A. Provide all labor, materials, tools, equipment, and incidentals as shown, specified, and required to seal pipeline joints and lateral connections to the mains using the packer injection method. The effective sealing length of the lateral connection shall be a minimum of 18 inches from the connection to the main. 1. Packer injection sealing is used to reduce the infiltration within the pipeline, seal annular space between liners and host pipes, seal pipe joints that have failed the joint test criteria, provide external pipe support, but not a structural rehabilitation, by stabilizing soils outside the pipe and prevent further loss of pipe bedding into the pipe. 2. Packer injection sealing shall be accomplished by pressure injection of chemical grout into the soils encompassing the exterior of pipe joint. Chemical grouts shall be designed to be injected into SC-67 630 the soil surrounding the pipe, which stabilizes the soil and forms a permanent impermeable seal called a grout/soil ring, and into the annular space between liners and host pipes. Adequate volumes of grout must be injected to form an effective seal. Adequate amounts of grout are based generally upon pipe size and field conditions. This application will be through structurally sound joints and lateral connections through penetrations from within the pipe by using the packer method in tandem with a CCTV inspection system. GENERAL A. REQUIREMENTS 1. Contract requires work in active sewers. Contractor shall follow all federal, state and local requirements for safety in confined spaces and uniform traffic controls. 2. Contractor shall provide notification to affected residents, at least 24 hours in advance of proposed sealing that service will be disrupted and provide notice when work is complete. 3. Contractor shall provide flow control, including bypass pumping if req u i red. 4. Contractor shall provide cleaning necessary to a condition for proper installation of the product. This shall include, but not be limited to, removing all roots, protruding taps, mineral deposits and loose pieces of pipe, as deemed necessary by the Engineer (paid for under Clean Pipe Sewer bid item). 5. Contractor shall remove residual grout after sealing is completed as directed by the Engineer. 6. Additional safety considerations including safely handling, mixing, and transporting of chemical grouts should be provided by the grout manufacturer/supplier, and should include safe operating practices and procedures, appropriate personal protective equipment (PPE) for the various grouting operations, and proper storage, transportation, mixing, and disposal of grouts, additives, and their associated containers. 7. Requires completion of grout handling and mixing training certification from the grout manufacturer/supplier for personnel working with chemical grouts and additives. B. RELATED SECTIONS Sanitary Sewer Main Repair Section in this document 2. Standard Utilities Specifications for Sanitary Sewer Installation, and Trench Excavation and Backfill/Surface Restoration, Revised 2013, prepared by the City Engineer's Association of Minnesota (CEAM) and published by the League of Minnesota Cities, St. Paul Minnesota, except as modified by these Special Provisions SC-68 631 C. QUALITY CONTROL No change of material, design values, or procedures specified herein may be made during the course of the Work without the prior written approval of the Engineer. D. SUBMITTALS 1. Contractor shall provide a minimum 48-hour advance written notice of proposed testing schedules and testing procedures for review and concurrence of the Engineer. 2. Equipment operating procedures and systems. 3. Chemical Grout information: a. Description of chemical grout materials to be used per section PRODUCT.C. b. Description of proposed additives to be used per section PRODUCT.D. c. Manufacturers recommended procedures for storing, mixing, testing and handling of chemical grouts. d. MSDS sheets for all materials to be used. 4. Identify the manufactures & models of the packers to be utilized on the Project. 5. Upon completion of each pipe segment, submit to Engineer a report showing the following data for each joint and/or lateral connection tested, grouted or attempted to be grouted as required by PACP. a. Identification of the sewer pipe section tested by assigned sewer ID or house address for lateral connections, and length. b. Type of pipe material, diameter & depth of pipe to the surface at manholes. c. Length of pipe sections between joints. d. Test pressure used and duration of test. e. Pass/fail results for each joint/connection tested. f. Location stationing of each joint/connection tested and location of any joints/connections not tested with an explanation for not testing. g. Volume of grout material used on each joint or connection. h. Gel set time used (cup test results from tanks) i. Grout mix record of the batches mixed including amount of grout and catalyst, additives, temperature of the grout solution in tanks. j. Name of the operator conducting testing and sealing shall be noted on the reports. k. Video recordings i. Video recording shall include sealing operations for each joint/lateral (including inflation and deflation over the joint/lateral) displaying the final air test of joints or laterals. ii. Additional final recording, shall include inspection of the pipe or lateral after all grouting work is complete. SC-69 632 E. REFERENCE STANDARDS TO BE USED ASTM F2304 Standard Practice for Rehabilitation of Sewers using Chemical Grouting (latest revision) 2. ASTM F2454 Standard Practice for Sealing Lateral Connections and lines from the Mainline Sewer Systems by Lateral Packer Method, Using Chemical Grouting (latest revision) F. METHOD OF MEASUREMENT SEAL MAIN TO LATERAL CONNECTION WITH 3' BLADDER a. Measure by the each size sealed lateral connection, pipe to each size of sewer main. b. Measure by the gallon for the chemical grout required to effectively seal each lateral connection. c. Includes mobilization, notification of affected residents and any traffic control that may be necessary. d. Includes flow control and bypass pumping as necessary. e. Includes all materials, equipment, and labor needed to prepare the lateral to be sealed after completing lateral cleaning. f. Includes all materials, equipment, and labor needed to prepare, mix, and install the chemical grout. g. Includes all materials, equipment, and labor needed to provide advance notice, updates, and notice that their lateral is back in service to each affected property Owner. h. Includes all materials, equipment, and labor needed to bypass the flow around each lateral connection to be sealed. i. Includes all materials, equipment, and labor needed to test the lateral connection before and after grouting. j. Includes cleaning residual grout after sealing. k. In the event that sealing fails, it includes all materials, equipment, and labor needed to access the failed pipe, repair the failure to the satisfaction of the Engineer, and restore the affected area to the satisfaction of the Engineer. I. Includes all materials, equipment, and labor needed to prepare and submit to the Engineer submittals requested in Article GENERAL.D above. m. Includes all materials, equipment, and labor needed to prepare and submit to the Engineer the digital CCTV files for inspection work after sealing has been completed. G. BASIS OF PAYMENT 1. Payment for acceptable quantities of sealing with chemical grout shall be at the contract unit price listed on the Bid Form. All associated work items are incidental. 2. Contractor shall be advised that the actual number of services sealed and grouted will be determined after the mainline CCTV (by SC-70 633 others) is reviewed by the City after the Project is bid. No claim shall be made for increased or decreased quantities. PRODUCTS A. TESTING AND SEALING EQUIPMENT 1. The basic equipment used for mainline pipe joints and for laterals connected to the mainline shall consist of a remotely operated color television camera capable of pan and tilt, joint testing device (referred to hereafter as a packer), and test monitoring equipment. The equipment shall be constructed in such a way as to provide means for introducing air under pressure into the void area created by the expanded ends of the packer against the host pipe and a means for continuously measuring, viewing and recording the actual static pressure of the test medium and grout within the void area only. The packer shall be of a size less than the diameter of the host pipe, with the cables at either end used to pull it through the line and may be constructed in such a manner as to allow a restricted amount of sewage to flow at all times. Packer shall be expanded by air pressure. Packers shall be of low void space construction with void volume given by the packer manufacturer. 2. The device for testing lateral connections shall consist of inflatable mainline end elements and a lateral sealing plug that creates a void area extending beyond the main connection. Whenever possible, use a lateral sealing plug sized to match the diameter of the lateral being sealed with an effective sealing length of at least 18 inches. Where the lateral is capped, utilize alternate lateral sealing plug or equipment sized appropriately for the capped lateral. 3. Void pressure data shall be transmitted from the void area to the monitoring equipment or video picture of a pressure gauge mounted on the packer and connected to the void area. All test monitoring shall be above ground and in a location to allow for simultaneous and continuous observation of the televising monitor and test monitoring equipment. 4. Sealing equipment shall consist of the packer, appropriate pumping and hosing systems capable of supplying an uninterrupted flow of sealing materials to completely fill the voids. Grout pumping system shall be sized to deliver a mixed volume of grout at a minimum of 3 gpm and 30 gallons of uninterrupted flow within 10 minutes. 5. Volume of mixed grout pumped must be capable of being measured and recorded for each sealed joint/connection. Generally, the equipment shall be capable of performing the specified operations in sewers where flows do not exceed 25 percent of pipe diameter unless permitted by Engineer. 6. Connection and lateral service sealing shall be accomplished using the lateral sealing plugs and push packers specified above. SC-71 634 Provide back-up bladders for each packer on -site at all times during grouting procedures. 7. Equipment for cleaning lateral blockages shall be readily available while any lateral sealing work is being performed. B. GROUTS - GENERAL 1. All grout materials must have the following characteristics: a. While being injected, the grout must be able to react /perform in the presence of water (groundwater). b. The ability to increase grout mix viscosity, density and gel strength by increased concentration of constituents or the use of approved additives. C. The cured grout must withstand submergence in water without degradation. d. The resultant grout formation must be homogeneous and prevent the passage of water (infiltration) through the pipe joint. e. The grout must not be biodegradable. f. The cured grout should be chemically stable and resistant to organics found in sewage. g. Residual grout shall be easily removable from the sewer line to prevent blockage of the sewage flow. 2. Handle, mix, and store grout in accordance with the manufacturer's recommendations. The materials shall be delivered to the site in unopened original manufacturer's containers. C. CHEMICAL GROUTS Water based chemical grouts shall have the following characteristics: a. A minimum of 10% acrylamide base material by weight in the total grout mix. A higher concentration of acrylamide base material is recommended to increase strength or offset dilution during injection. b. The ability to tolerate some dilution and react in moving water during injection. C. A viscosity of approximately 2 centipoise, which can be increased with approved additives. d. A controllable reaction time from 10 seconds to 1 hour. e. A reaction (curing) that produces a homogenous, chemically stable, non -biodegradable, firm, flexible gel. f. The ability to increase mix viscosity, density and gel strength by increased concentrations of the mix constituents or by the use of approved additives. g. Product Manufacturer: i. Avanti AV-100, Avanti AV-118; or equal. SC-72 635 I E F ADDITIVES At Contractor's discretion and additives may be selected and recommended quantities. Strengthening Agents according to field conditions, used within the manufacturers For joint sealing, a latex or "diatomaceous earth" additive may be added to increase compressive and tensile strength. The quantity of strengthening agent additive shall be as recommended by the manufacturer and approved by Engineer. Product Manufacturer: a. Avanti AV-257 Icoset; or equal. Root Inhibitor 1. When roots are present, for joint and lateral connection joint sealing, a root deterrent chemical shall be added to control root re- growth. The quantity of inhibitor shall be as recommended by the manufacturer and approved by Engineer. 2. Product Manufacturer: a. Avanti AC-50W; or equal. 3. Dye - A manufacturer approved water soluble dye without trace metals may be added to the grout tank(s) for visual confirmation. 4. Gel Time Modifier - A gel time extending agent may be used in accordance with the manufacturer's recommendations to extend gel time as necessary. 5. Freeze/Thaw - In those lines where the grout may be exposed to a freeze -thaw cycle, ethylene glycol or other Engineer approved additive shall be used to prevent chemical grout cracking once set. 6. When using non soluble additives the grout tanks must have mechanical mixing devices to keep the additives in suspension and maintain a uniform solution of grout and additive. EXECUTION A. CONTROL TESTS Packer Tests - Demonstrate the acceptable performance of air test. a. To insure the accuracy, integrity and performance capabilities of the testing equipment, a demonstration test will be performed in an above -ground 8" nominal diameter test cylinder suitable to contain the full length of the packer and sustain the void test pressure. The test cylinder shall be equipped with a void release valve to exercise a controlled release of pressurized air from the void area to test the packer under both sound and leaking conditions. The test cylinder shall also be equipped with a local pressure gauge (0-25 psi) within the void space. i. With the void release valve sealed, inflate the packer and air test void at 7-10 psi. The observed void SC-73 636 2 M pressure at the test cylinder pressure gauge must be within ±1.0 psi of the reading in the control center/studio void pressure gauge and follow both up and down pressure changes (allowing time for pressure equalization). ii. If above test is passed, crack the release valve to simulate a very small leak. The cylinder shall be equipped with a void release valve to exercise a controlled release of the test media with the associated pressure drop to be equally displayed ±1.0 psi of the cylinder gauge and test monitoring equipment. b. After entering each pipeline segment with the test equipment, but prior to the commencement of joint testing, position the packer on a section of sound sewer pipe between pipe joints, and perform a test as specified. The equipment shall hold a 7-10 psi test pressure for a period of 15 seconds with a pressure drop of less than 1 psi. In the event of a failed test, repair any defective equipment and re- test to verify proper operation of all equipment at no additional compensation. Should it be found that the surface or porosity conditions of the barrel of the sewer pipe cannot meet the joint test requirements, then the performance testing shall be waived or modified as determined by the Engineer. C. If air testing cannot be performed successfully, repair or otherwise modify air test equipment and repeat the tests. This test may be required at any other time during the performance of joint testing work if the Engineer suspects the testing equipment is not functioning properly. Pump Tests - At the beginning of the contract, prior to application of grout, perform a pump test to determine if proper ratios are being pumped from the grout component tanks at the proper rates and to measure pump rates. Use separate containers to capture the discharges from each of the grout component hoses, to simulate the actual volumes of each component through the interconnect hoses, hose reel and length of grout hose and confirm accuracy of grout pump totalizer. Take corrective action if ratios or rates are not within manufacturer's recommended standards. Grout Tests - Perform and record a grout gel test in the presence of the Engineer by recording the grout tank solution temperature, catalyst tank solution temperature, ambient air temperature in truck, and gel time of the sample whenever the following conditions occur: a. At the beginning of each day; the material in the hoses shall be recycled to the tanks and a sample shall be taken. b. When new batches of grout are mixed. C. Whenever the temperature in the tanks or ambient temperature have changed by more than +/- 10°F from the previous gel test. SC-74 637 B. PIPE PREPARATION 1. Prior to the application of the chemical grout materials, Contractor shall thoroughly clean the sewer designated to receive the chemical grout. Cleaning shall constitute removal of all roots and loose debris and solids which inhibit proper seating of the packer. Removal of hardened materials such as concrete shall be considered beyond the scope of this work. 2. The City shall have cleared the designated sewer line(s) of obstructions such as dropped joints, protruding lateral connections, and broken pipe / crushed pipe which will prevent the use of the grouting equipment. If the CCTV inspection reveals a condition for which an applicable pay item has not been included on the Schedule of Prices, Contractor shall inform the Engineer. Engineer may choose to make a point repair or will direct Contractor to abandon the section of pipe or lateral connection scheduled for sealing. C. GROUT PREPARATION 1. Follow the manufacturer's recommendations for the mixing and safety procedures. 2. Adjust gel time as necessary to compensate for changes in temperature in grout component tanks or hoses. The addition of dilution water to extend gel times is not acceptable unless resulting base grout tank only material exceeds 20% by weight for solution grouts. 3. During the grouting process, the Grouting Technician shall monitor the grout component tanks to make sure that proper ratios are being pumped. If unequal levels are noted in the tanks, repeat the pump test as described above and correct any defective equipment. 4. Gel times shall be calculated using the following formula unless Contractor experience and/or field conditions dictate otherwise. Any alterations of the gel time formula shall be approved by the Engineer. Volume of Pipe/ PackerVoid Space (gal) 60sec Gel Time = + 20 sec(+ /— 5 sec) Pumping Rate (gpin) 1 min 5. Packer/Pipe void shall be defined as the volume between the inflated packer and the inside pipe wall when the packer is inflated per manufacturer recommendations. For example: an 8" pipe with a packer void space of 0.3 gallons and a 3 gpm pumping rate would provide Gel Time = 3(gal) 60 sec + (20 sec) = 26 sec(+/— 5 sec) 3 (gpm) 1 min SC-75 638 D. TESTING AND SEALING DEFECTS 1. Testing and Sealing shall only be performed on those lateral connections as directed by the Engineer. 2. Testing and Sealing will not be required on pipe exhibiting the following conditions or characteristics: a. Longitudinally cracked, fractured or broken pipe. b. Sections of the pipe with structural defects between joints. C. Any sections of pipe or joints or lateral connections that are in such poor structural condition that in the judgment of Engineer or Contractor, significant structural damage of the pipe would occur as a result of testing or sealing. 3. Any structurally undamaged joint that structurally fails (breaks) during testing and sealing that are documented on video to have been done under normal pressure conditions shall be the City's responsibility and cost to repair. 4. Seal all circumferential cracks and fractures or other defects as specified or as directed by Engineer. Do not test or seal any other pipe defects unless so specified or shown, or directed by Engineer to do so. Any structurally failed pipe or joint that is sealed at the Engineer's direction that further fails/breaks during testing and grouting that are documented on video to have been done under normal pressure conditions shall be the City's responsibility and cost to repair. Promptly repair any other sewer damage resulting from Contractor's operations at no additional compensation. E. LATERAL CONNECTION TESTING PROCEDURE 1. Lateral connection joint testing pressure shall be equal to 0.5 psi per vertical foot of pipe depth plus 2 psi; however, test pressure shall not exceed 10 psi without approval of the Engineer. 2. Air testing lateral connections shall be accomplished by isolating the area to be tested with the lateral connection packer and by applying positive pressure into the isolated void area. A pan and tilt camera shall be used to position the lateral packer for laterals directly connected to the mainline sewer. The lateral bladder shall be inverted from the mainline assembly into the lateral pipe and inflated. The mainline elements shall then be inflated to isolate the lateral connection and the portion of the lateral to be tested. A sensing unit shall monitor the pressure of the packer void and will accurately transmit a continuous readout of the void pressure to the control panel at the grouting truck or to a pressure gauge on the packer recorded by the CCTV camera. 3. The test procedure will consist of applying a controlled air pressure into each isolated void area. Air shall then be slowly introduced into the void area until a pressure equal to or greater than the required test pressure, but in no cases greater than 2 psi above the required test pressure, is observed on the pressure monitoring SC-76 639 equipment. Once the designated pressure in the isolated void is displayed on the meter of the control panel, the application of air pressure will be stopped and a 15 second waiting period will commence. The void pressure will be observed during this period. If the void pressure drop is greater than 2.0 psi within 15 seconds, the lateral shall be considered to have failed the air test and shall be grouted and retested. 4. After completing the air test for each individual lateral specified herein, deflate the lateral packer, with the void pressure meter continuing to display void pressure. If the void pressure does not drop to 0.0 +/- 0.5 psi, the equipment shall be adjusted to provide a zero void pressure reading at the monitor. F. SEALING GENERAL Seal all joint and lateral connections that failed the pressure test, or as specified or as directed by the Engineer, by the injection method. This shall be accomplished by forcing grout through a system of pumps and hoses into and through the joints of the sewer from the packer within the sewer pipe. Remove excess grout from pipe and laterals. Excess grout shall be defined as a thickness of grout that given its location, size and geometry, could cause a blockage. Flush or push forward to the next downstream manhole, remove from the sewer system, and properly dispose of excess grout. G. LATERAL CONNECTION SEALING FROM THE MAINLINE BY PACKER INJECTION GROUTING 1. Lateral connection sealing begins if the lateral connection does not pass the air test, shows evidence of leakage, has been successfully cleaned to remove roots, or where Contractor has been directed. The lateral packer shall remain in position during the pressure test, thus maintaining the isolated void. Pressure inject grout through the lateral packer into the annular space between the lateral sealing plug and the lateral pipe. 2. When pumping grout, operate the pumps until the mixed grout has flowed through any joint failure, through any annular space, and into the surrounding soil; gelled or filled the available void space; formed a cohesive seal stopping further grout flow; and minimum of 8 psi back pressure is achieved while pumping. As grout pumping continues the void pressure will slowly rise to a range of about 2 to 4 psi, continue pumping until a point where there is a sudden increase in the void pressure. This increase from 2 to 4 psi to over 8 to 10 psi takes place in a matter of a few seconds. If the grout pumped exceeds 1 gallon per foot of lateral bladder plus 3 gallons, it will be suspected that there are significant voids on the outside of the pipe or that the packer is not properly sealed. Check that the packer is sealed properly. If it is, modify grouting procedure to SC-77 640 stage grouting by pumping additional grout equivalent tot gallon plus 0.25 gallon per foot of lateral bladder, waiting 1 full minute, and retesting. The maximum number of stages shall not exceed two stages unless authorized by Engineer. 3. Upon completion of the lateral connection sealing procedure, deflate the lateral bladder, re -inflate and air test the lateral connection a second time to confirm the sealing of the connection in accordance with the air testing procedure. If the lateral connection fails this air test, repeat the grouting procedure at no additional cost to the City, except for the additional grout used. Air tests after grouting laterals containing roots is not required. 4. Confirm lateral flow after sealing of each lateral connection. If a grout blockage exists, Contractor shall immediately clear the lateral at no additional cost to the City. Blockages in the lateral that are not the result of sealing operations shall not be the responsibility of Contractor. 5. After sealing lateral connections (with the appropriate size lateral bladder), a thin residual grout film may be present inside the lateral wall. The amount of residual grout film present is dependent on the lateral bladder used, geometry of the lateral and positioning of the packer. This thin layer of cured grout is normal and will eventually peel off the sidewall of the pipe. The residual chemical grout film is not "sandwiched" between two structures and will eventually peel off the sidewall of the pipe. This residual chemical grout film is not considered excess grout. H. JOINT / LATERAL CONNECTION SEALING VERIFICATION 1. Record sealing of joints in conjunction with the testing of joints. Record the void pressure drop continuously on video and in writing immediately before and after sealing. After the packer is deflated and moved, record on video the visual inspection of the joint. 2. Use of standardized test and seal data sheets and PACP data codes is highly recommended. DISPOSAL Collect and properly dispose of cleaning materials used in the cleaning of the sealing and grout mixing equipment. POST -CONSTRUCTION INSPECTION 1. Conduct Post -Construction Inspection of lateral and mainline utilizing CCTV. 2. Upon completion of sealing lateral connections, notify the Engineer so that the Engineer may be present during the CCTV inspection of the sealed lateral connections to verify that no infiltration is present. 96. SANITARY SEWER SERVICE WYE LINING (BID ALTERNATE Q- SC-78 641 A. Provide Sanitary Sewer Service Repair at all active service locations in the lining area. 1. CIPP Service Wye Liners without cleanouts (blindshot method) B. Method of Measurement 1. Measure each service connection as a unit C. Basis of Payment: 1. Unit Price as listed on Bid Form as service wye lining. 2. Associated Work Items: Incidental. 3. Pipe Liner: The unit price bid for liners shall be considered compensation for all labor & equipment to line the portion of the sewer service indicated. 4. Dewatering:lncidental. References A. ASTM D790 B. ASTM D2990 C. ASTM D3567 D. ASTM D5813 E. ASTM D2990/DIN EN 761 F. ASTM F1216-07B G. ASTM F2561-06 System Description A. CIPP: 1. This work shall occur after the Sanitary Sewer Main Repair via lining is complete. 2. All lining required under this Contract must be completed at least two (2) weeks prior to placement of the bituminous wearing course (in the first area worked in). 3. The service lateral lining shall provide a one-piece, homogenous, cured in -place full circle main to lateral non -leaking connection lining by air inversion with no overlapping materials. The CIPP shall cure into a hard, impermeable liner pipe of the submitted and approved thickness and form a structurally sound liner pipe with a uniformly smooth interior providing hydraulic flow equal to or greater than the existing lateral in original condition. 4. The inverted lateral CIPP lining must be able to invert to a minimum distance of 18 inches while being able to compromise 4" and 6" SC-79 642 lateral connections including lateral diameter changes with main pipe diameters of diameters of 8" through 12". 5. Must heat cure (steam). No ambient cure allowed. 6. The one-piece CIPP main to lateral lining will incorporate hydrophilic non -caulk solid gasket sealing technology & the use of compressible materials in the main CIPP portion and at the termination of the lateral liner. 7. Soft caulk gaskets, collar type systems, two-piece systems, systems where the lateral is pulled in -place and CIPP connection systems that are based on adhesion will not be allowed. 8. Insert hydrophilic waterstop on the upstream end of the CIPP Blindshot. 9. All main to lateral sewer service lining connections shall comply with or latest revision of ASTM F2561-06. 10. No cleanout required for CIPP method Blindshot. 11. Contractor Qualifications: (a) Contractor shall be licensed and certified by the manufacturer of the CIPP Blindshot process and have successfully completed at least 10 CIPP Blindshot installations for the manufacturer proposed using the specific method of installation and curing proposed. (b) Each installation crew must be directly supervised by a dedicated foreman having previously supervised the successful installation of at least 10 CIPP Blindshot rehabilitations using the manufacturer proposed and using the specific method of installation and curing proposed. (c) Exclusive of the foreman, the installation crew must include at least 2 members who have each previously completed the successful installation of at least 10 CIPP Blindshot rehabilitations using the manufacturer proposed and using the specific method of installation and curing proposed. Submittals A. Product Data: Submit manufacturer product literature and application and installation requirements for materials used in the liner, including: A copy of the license and or certification as issued by the manufacturer. 2. A resume for each proposed foreman responsible for the supervision of installations. The resume shall include name, employment history (5 years), current position within the organization, current responsibilities, proposed project responsibilities, and certifications. SC-80 643 3. Documentation of meeting experience requirements in System Description Paragraph A.3. Include references with names and contact information. 4. Submit structural design calculations and specification data sheets listing all parameters used in the liner design and thickness calculations based on Appendix XI of ASTM F1216 for each lateral. All calculations shall be prepared under and stamped by a Professional Engineer registered in the State of Minnesota. 5. Proposed plan for bypassing sewer. 6. Installation and quality control plan, including Sewage Bypass Pumping Plans, mainline sewer and lateral cleaning plan and cleanliness requirements, liner shot plan and sequence, liner installation standard procedures, temperature monitoring plan, odor controls procedures, and plan to manage flow to/from laterals during lining for consideration and approval by the Engineer. 7. Curing schedule for each shot, including heating, curing, and cool - down schedules for consideration and approval by the Engineer. 8. Hydrophilic end seal material to be used and method of installation. 9. Contingency Plan, including methods and equipment to be used to repair unacceptable liner defects, for removing failed liners, and for availability and accessibility of backup equipment such as air compressors and boilers. 10. Curing log of CIP lateral lining (CIPLL) temperature and pressure at each lateral during the curing process to document that proper temperatures and cure times have been achieved. Submit curing logs weekly. 11. The name of the liner and resin manufacturer, the location of the facility where each was manufactured and a list of appurtenant materials and accessories to be furnished. 12. The type and volume of catalysts and promoters added to the resin. 13. Manufacturer's Quality Control Plan or procedures that ensure proper materials are used in the resin impregnation process and in liner shipping and storage. 14. Independent third party ISO 17025 certified laboratory test reports demonstrating that the exact resin/liner combination to be used for this project meets the requirements for initial structural properties (performed in accordance with ASTM F1216 and ASTM D790 and/or ISO 178 with a wall thickness measured per DIN EN 13566- 4) and chemical resistance (performed in accordance with ASTM F1216-Appendix X2 or ASTM D5813). 15. Independent third party certified laboratory test reports demonstrating that the exact resin and comparable liner to be used for this project has been tested for long-term flexural modulus of SC-81 644 elasticity and long-term flexural strength (i.e., 10,000 hour minimum creep testing performed in accordance with ASTM D2990/DIN EN 761 for design conditions applicable to this project). (a) Test will be performed for a minimum of 10,000 hours under test conditions and loadings described below. Independent third party test data of the entire ASTM D-2990/DIN EN 761 data set are required as substantiation of the values used in design. The data points from 1,000 hours to 10,000 hours of the Long-term Flexural Modulus shall be extrapolated using a Microsoft Excel log -log scale linear regression analysis, unless Engineer determines that the data set better suit another regression method, to determine the minimum service life performance of the resin -tube. (b) Testing will be conducted at: i. Temperature: 21 to 250C ii. Relative humidity: 50% minimum iii. Load: Equivalent to 25% of the initial yield stress measured in accordance with ASTM D790/ISO 178, or as approved by Engineer. B. Testing CIPP - If requested, submit test results from previous field installations in the USA of the same resin system and tube materials as proposed for the actual installation. These test results must verify that the physical properties specified have been achieved in previous field applications. Re lulatory Requirements A. Work shall be done in accordance with applicable state and local codes, rules, and ordinances. B. Certify that CIPP shall meet the chemical resistance requirements of ASTM F1216 Appendix X2. Proiect Conditions A. View Site prior to bid opening to determine obstructions or Site conditions which may affect Work. B. Provide for continuity of sanitary sewer service to each facility connected to the affected sections and ensure no sewage backup to private property. C. Maintain commercial and residential sewer service during the installation process and bypass pump individual laterals if needed. If necessary to properly complete the Work, Contractor may interrupt flow from services for no more than 4 hours on any given day if such interruption is first coordinated with and allowed by the property owner(s). Upon completion of the Work requiring interruption of service, immediately restore all SC-82 645 services and notify the property owner(s) that service is again available. Contractor assumes all responsibility for notifying property owners of service interruptions. Contractor also assumes all responsibility for blockages, back-ups, or damages caused to public or private property as a result of the interruption of service, whether caused by Contractor's or property owner's actions. D. Make manholes accessible for Work. E. Provide necessary traffic control, as requested by Engineer. F. All active service connections to be replaced. G. The mainline lining contractor shall internally cut and remove any protruding laterals and service hammer taps. No lateral shall protrude into the main more than '/2 inch. Matarial.c 0 Performance Liner, as manufactured by LMK Enterprises, Inc. is the only approved product for use on this project for CIPP Blindshots. CIPP Liner Requirements: 1. Resin: (a) Liner bag: Impregnated with polyester resin for general chemical applications. (b) No fillers except those required for viscosity control unless approved by Engineer. (c) Viscosity control: Up to 5 percent by mass thixotropic agent, which will not interfere with visual inspection. (d) Pigment to enhance visual clarity for inspection with video equipment. (e) Epoxy resins may be used by Contractor if conditions are deemed to warrant their use. 2. Felt Content: Cured thickness of liner plus 10 percent minus 4 percent not including thickness of polyurethane inner liner. 3. The tube shall be capable of conforming to offset joints, bells and deformed pipe sections up to 20% of original pipe diameter. 4. Resin Content: 10 to 15 percent by volume greater than volume of felt in the liner bag. 5. Conform to the following minimal structure standards listed herein: (a) Tensile Strength: ASTM D638, 3000 psi. (b) Flexural Modulus of Elasticity: ASTM D790, 250,000 psi. (c) Flexural Strength: ASTM D790, 4500 psi. SC-83 646 6. Fabric Liner: Fabricate to size to fit the internal circumference of pipe. Allow for circumferential stretching during insertion for such sizing. Preparation A. Clean mainline and service pipe prior to lining, such that the pipes are free of roots, grease, sand, rocks, sludge and other debris. Cleaning mainline or service pipe deemed necessary by the Engineer shall be paid for under separate bid item. B. Clear the mainline and service of obstructions such as solids, dipped joints or broken pipe that will prevent the insertion of the liner. If inspection reveals an obstruction that cannot be removed by the conventional cleaning equipment, make an excavation and repair the obstruction. This work shall be approved by the Engineer prior to commencement of the Work and shall be paid for as Extra Work. C. CIPP Pre -Construction Inspection submittals shall accurately locate all transitions, bends, and defects. Any discrepancies between the footage reported on the video inspection and on the report must be reconciled on the report by showing both distances. Any water or obstructions in the lateral must be removed prior to the inspection. D. Inspect and confirm the inside diameter, alignment, length, ovality, and condition of each service to be lined. Use the data and information collected from this inspection to verify the size of the liner and refine the installation techniques. If unknown physical conditions in the Work area that differ materially from those ordinarily encountered are uncovered during the investigation, Contractor shall notify the Engineer. E. Visually inspect each service immediately prior to CIPLL lining to demonstrate that the service is clean and free of roots, grease, sand, rocks, sludge, or structural impediments that would affect long-term viability of the CIPP. Visually inspect mainline sewer immediately prior to CIPLL lining to demonstrate that the mainline sewer is clean and free of impediments that would affect long-term viability of the lateral liner. Installation Procedures A. Saturate tube with the resin in accordance with manufacturer's instructions. Liner wet out may not be done on any surface whose temperature is greater than 700 Fahrenheit. B. For LCS, provide flow control sufficient to allow CCTV observation of mainline packer throughout liner installation. C. Completely protect the resin -saturated lateral tube during positioning and installation. No resin shall be lost by contact with manhole walls or pipe. D. After insertion is complete, apply a suitable recirculation system capable of delivering air, steam, or water, as required by the liner system manufacturer, uniformly throughout the section to achieve a consistent SC-84 647 cure of the resin. If using hot air or steam, slowly bleed in heated air to control the initial rise in liner temperature such that heating air temperature rises no more than 3 degrees Fahrenheit per minute. Maintain the curing temperature recommended by the liner system manufacturer. Prevent excessive temperatures that could scald or bubble the liner. Scalded or blistered liner will be rejected if, in the opinion of the Engineer, the performance of the liner is compromised. E. During curing, provide controls to prevent odors from entering private residences. F. Prevent air, steam, or curing water from entering the private residence at all times. G. Cure and cool down the CIPP in accordance with manufacturer's instructions. H. Provide a view of the CIPP contacting the service pipe from the beginning to the end of the repair. After the curing process is complete, remove all installation and curing equipment from the host service pipe. No material other than the cured CIPP shall remain in the host pipe. Provide a finished CIPP that is continuous and free as commercially practicable of visual defects such as foreign inclusions, dry spots, pinholes, delamination, and wrinkles in any location in excess of 10% of the host pipe inside diameter. Verify there is no potential for obstruction of flow. If a point repair is required after the liner has cured, use a tube segment with compatible (preferably identical) properties as the existing liner to splice across the point repair. Point repair shall extend a minimum of 12 inches on each side of the defect. Post -Construction Inspection of Completed Work A. Conduct Post -Construction Inspection of service and mainline connection. Perform Post -Construction Inspection no sooner than 30 days and no later than 60 days after the completion of lining work. Inspection submittals shall accurately locate all transitions, bend, and defects. Any discrepancies between the footage reported on the video inspection and on the report must be reconciled on the report by showing both distances. Remove water and obstructions in the service prior to the inspection. Quality Control Tests A. Pressure Testing 1. All pressure testing shall be conducted in the presence of the Engineer. 2. For each service rehabilitated, air test the service liner and connection at the main using a service testing packer that extends beyond the repair to seat on the original pipe/liner. SC-85 648 3. Increase pressure in the void area to at least 8 psi. The duration of the test shall be 30 seconds with a maximum of 1.0 psi loss in pressure. B. Material Sampling 1. Prepare, cure, and provide to Engineer one restrained pipe sample for every 50 lateral liner installations of each resin -fabric combination used for this project or fraction thereof, in accordance with the Field Sample Preparation Plan. 2. Construct an above -grade Tee -fitting mockup for each restrained sample in which a liner can be installed using similar methods as below -grade. Select material and size of PVC host pipe for restrained sample to match the inside diameter of the main and lateral being rehabilitated as close as reasonably practicable. The lengths of the main and lateral pipes shall be of sufficient length to install the liner in a similar fashion as below -grade. Cure the sample in the same manner as the installed liners. 3. The sample submitted shall have the main portion cut a minimum of two inches beyond the maximum dimension of the mainline portion of the liner. The lateral portion of the sample shall be 4 feet long. C. The following tests at the following minimum frequencies will be performed by Contractor. The results of these analyses will be assumed to be representative of the liners. Contractor may elect to perform additional testing. Contractor may, at his discretion and cost, conduct additional testing to improve the resolution of performance test characterization. Any testing Contractor elects to perform shall be performed by an independent, certified ISO 17025 testing facility. Each test shall be performed by a laboratory with an American Association for Laboratory Accreditation (A2LA) for the specific test to be performed. 1. Short-term Flexural (Bending) Properties - The initial tangent flexural modulus of elasticity and flexural yield strength measured in accordance with ASTM D790. (a) Frequency - 1 test per sample 2. Thickness measured in accordance with ASTM D3567. (a) Frequency - 1 test per sample 3. Long-term Flexural Modulus of Elasticity measured in accordance with ASTM D2990. Test will be performed for a minimum of 10,000 hours under test conditions and loadings described below. The data points from 1,000 hours to 10,000 hours, or such other time period as determined by the Engineer based on the curve or slope of the plotted data, of the Long-term Flexural Modulus shall be extrapolated using a Microsoft Excel log -log scale linear regression analysis to determine the minimum service life performance of the resin -fabric. SC-86 649 (a) Testing will be conducted at: (i) Temperature: 21 to 25°Celsius (ii) Relative humidity: 50% minimum (iii) Load: Load used in ASTM D2990/DIN EN 761 testing as submitted in accordance with paragraph 1.8.A.5 (b) Frequency - 1 test per sample 4. Chemical Resistance - The chemical resistivity of the liner measured in accordance with ASTM F1216, Appendix X2. (a) Chemical Resistance - The chemical resistivity of the liner measured in accordance with ASTM F1216, Appendix X2 Acceptance of the CIPLL shall be based on the ENGINEER's evaluation of the resin impregnation quality control reports, CIPLL temperature curing logs, laboratory test results for the prepared samples, and Post -construction Inspection video, which shall demonstrate: CIPP Acceptance A. Acceptance of the CIPLL shall be based on the ENGINEER's evaluation of the resin impregnation quality control reports, CIPLL temperature curing logs, laboratory test results for the prepared samples, and Post - construction Inspection video, which shall demonstrate: (1) Compliance with the required liner physical properties and thickness. (2) Evidence of groundwater infiltration through the liner and at interface with the host pipe in the lateral and main is zero. (3) There is no evidence of excessive wrinkles, splits, cracks, breaks, lifts, kinks, scalds, blisters, delamination's or crazing in the liner. (4) Achieving the minimum service life as determined by using the actual thickness and short term flexural modulus of elasticity modified by the creep retainage measured by ASTM D2990 extrapolation. (5) Compliance with required length and diameter of liner. (6) Liners meet requirements for chemical resistivity. B. If any defective liner is discovered after it has been installed, it shall be removed and replaced with either a sound liner or a new lateral at no additional cost to the OWNER. Obtain approval of the Engineer for method of repair, which may require field or workshop demonstration. Warranty Inspection A. Provide a CCTV inspection 18 to 24 months after completion of CIPP work showing all completed. Actual period for inspection shall be determined by the Engineer and will ideally be conducted during high groundwater SC-87 650 conditions. Contractor will be provided with a 60 day notice prior to period of inspection. Conduct all inspections in the presence of the Engineer. Restoration A. If excavation is necessary to re-establish connections, the cost and liability shall be the responsibility of the Contractor, including any additional landscaping, turf establishment, tree removal, and tree replacement. 97. SANITARY SEWER SERVICE REPLACEMENT PROGRAM: Residents in the Project area will be given the opportunity to have their sanitary sewer service pipe rehabilitated, but will be completed under a separate contract from the 2023 PMP. The 2023 PMP contractor shall cooperate with the Engineer and the sewer service repair contractor to ensure timely completion of this work. Claims by Contractor for delays caused by this work will not be allowed. 98. PROCEDURES IN THE EVENT OF A SEWAGE SPILL: In the event of a sewage release, Contractor shall immediately notify the State of Minnesota Duty Officer at the Department of Public Safety at 651.649.5451 and the City Engineer at 763.593.8030. The Duty Officer will instruct Contractor on any further notification procedures. Contractor shall also take immediate action to prevent sewage from entering any water body or storm sewer by directing any such sewage flow into the existing sanitary sewer system. 651 652 GENERAL CONDITIONS INDEX Page SECTION I - GENERAL.................................................................................................. 1 1. DEFINITIONS................................................................................................. 1 2. FAMILIARITY WITH LAWS AND ORDINANCES...........................................3 SECTION 11 - AWARD AND EXECUTION OF THE CONTRACT ................................... 3 1. CONSIDERATION OF PROPOSALS.............................................................3 2. EXECUTION OF CONTRACT........................................................................ 4 3. FAILURE TO EXECUTE CONTRACTS..........................................................4 SECTION III - SCOPE OF WORK................................................................................... 4 1. INTENT OF PLANS AND SPECIFICATIONS................................................. 4 2. INCREASED OR DECREASED QUANTITIES OF WORK .............................4 3. CHANGES IN THE WORK.............................................................................. 5 4. UNCLASSIFIED WORK..................................................................................6 5. CONSTRUCTION CHANGE DIRECTIVES.....................................................7 6. FINAL CLEAN-UP........................................................................................... 7 SECTION IV - CONTROL OF WORK............................................................................. 8 1. AUTHORITY OF ENGINEER.......................................................................... 8 2. CONFORMITY WITH PLANS AND ALLOWABLE DEVIATIONS ................... 8 3. COORDINATION OF PLANS AND SPECIFICATIONS .................................. 8 4. COOPERATION BY CONTRACTOR.............................................................. 8 5. CARE AND PROTECTION OF WORK AND MATERIALS ............................. 9 6. AUTHORITY AND DUTY OF INSPECTOR .................................................... 9 7. INSPECTION................................................................................................ 10 8. UNAUTHORIZED WORK.............................................................................. 10 9. DEFECTIVE WORK...................................................................................... 10 10. FINAL INSPECTION..................................................................................... 11 11. GUARANTEE................................................................................................11 12. FOSSILS.......................................................................................................12 SECTION V - CONTROL OF MATERIALS................................................................... 12 1. SOURCE AND QUALITY OF MATERIALS ................................................... 12 2. STANDARD STOCK PRODUCTS................................................................ 12 3. TESTS OF MATERIALS............................................................................... 12 GC-i 653 4. STORAGE.....................................................................................................13 5. DEFECTIVE MATERIALS............................................................................. 13 6. FAILURE TO REMOVE DEFECTIVE MATERIALS ...................................... 13 SECTION VI - LEGAL RELATIONS AND RESPONSIBILITY TO PUBLIC ................... 13 1. LAWS TO BE OBSERVED........................................................................... 13 2. PERMITS AND LICENSES........................................................................... 14 3. PATENTED DEVICES, MATERIALS AND PROCESSES ............................ 14 4. SANITARY PROVISIONS............................................................................. 14 5. PUBLIC CONVENIENCE AND SAFETY, BARRICADES, LIGHTS AND WARNING SIGNALS.................................................................................... 15 6. MAINTENANCE OF DRAINAGE AND ACCESS TO MUNICIPAL AND PRIVATE UTILITIES..................................................................................... 15 7. SITES TO BE KEPT CLEAN......................................................................... 16 8. NOISE ELIMINATION................................................................................... 16 9. USE OF EXPLOSIVES................................................................................. 16 10. PROTECTION AND RESTORATION OF PROPERTY ................................. 16 11. EXISTING SURFACE, OVERHEAD AND UNDERGROUND STRUCTURES.............................................................................................. 17 12. MAINTENANCE OF SERVICE IN EXISTING STRUCTURES ...................... 18 13. RAILWAY AND HIGHWAY CROSSINGS.....................................................18 14. RESPONSIBILITY FOR LABOR, MATERIAL, EQUIPMENT AND DAMAGE CLAIM........................................................................................... 19 15. CONTRACTOR'S RESPONSIBILITY FOR WORK ....................................... 19 16. SAFETY PRECAUTIONS AND ACCIDENT PREVENTION ......................... 19 17. REQUIREMENTS OF CONTRACT BOND ................................................... 20 18. PUBLIC LIABILITY AND PROPERTY DAMAGE INSURANCE .................... 20 19. WORKMEN'S COMPENSATION INSURANCE............................................22 20. COMPLIANCE WITH EXISTING CONTRACTS BETWEEN THE.................22 SECTION VII - PROSECUTION AND PROGRESS......................................................22 1. SUBLETTING OR ASSIGNMENT OF CONTRACT ...................................... 22 2. PROSECUTION OF WORK..........................................................................22 3. LIMITATIONS OF OPERATIONS................................................................. 23 4. CHARACTER OF WORKMEN AND EQUIPMENT.......................................23 5. CONTRACTOR'S RIGHT TO REQUEST CHANGES ................................... 24 6. TEMPORARY SUSPENSION OF WORK.....................................................24 7. SUBSTANTIAL COMPLETION..................................................................... 24 GC -ii 654 8. DETERMINATION AND EXTENSION OF CONTRACT TIME FOR COMPLETION..............................................................................................25 9. FAILURE TO COMPLETE WORK ON TIME ................................................ 25 10. RIGHT OF THE CITY TO DECLARE CONTRACTOR IN DEFAULT............ 26 11. COMPLETION OF THE WORK AFTER DEFAULT ...................................... 27 12. PARTIAL DEFAULT......................................................................................28 13. TERMINATION OF CONTRACTOR'S RESPONSIBILITY ............................28 SECTION VIII - MEASUREMENT AND PAYMENT......................................................28 1. MEASUREMENT OF QUANTITIES.............................................................. 28 2. SCOPE OF PAYMENT................................................................................. 29 3. WORK COVERED BY CONTRACT PRICE..................................................29 4. BASIS OF PAYMENT................................................................................... 29 5. PAYMENTS FOR INCREASED OR DECREASED QUANTITIES ................ 29 6. PAYMENT FOR SURPLUS MATERIALS..................................................... 29 7. CLAIMS AND PROTESTS............................................................................ 30 8. PAYMENT FOR UNCLASSIFIED AND FORCE ACCOUNT WORK ............ 32 9. PARTIAL PAYMENTS.................................................................................. 33 10. FINAL PAYMENT.......................................................................................... 33 11. CERTIFICATE OF COMPLIANCE OF MINNESOTA WITHHOLDING TAX.. 34 SECTION IX - MISCELLANEOUS PROVISIONS......................................................... 34 1. NONDISCRIMINATION.................................................................................34 2. GOVERNMENT DATA.................................................................................. 35 3. VENUE AND FORUM................................................................................... 35 4. COUNTERPARTS........................................................................................35 5. ELECTRONIC SIGNATURES....................................................................... 35 6. NOTICES......................................................................................................36 7. SEVERABILITY.............................................................................................36 8. NO WAIVER OF LEGAL RIGHTS................................................................. 36 GC - iii 655 GENERAL CONDITIONS CITY OF GOLDEN VALLEY SECTION I - GENERAL 1. DEFINITIONS When used in the Contract Documents, the intent and meaning of the below listed terms shall be as follows: A. "A.S.T.M." means the American Society for Testing Materials. B. "Bidder" means any individual, firm or corporation submitting a Proposal for the Work contemplated, acting directly or through a duly authorized representative. C. "City" means the City of Golden Valley, Minnesota. D. "Contract" means the entire agreement covering the performance of the Work and the furnishing of materials in the construction. E. "Contractor" means the individual, firm, partnership, corporation or company with which the City contracts and unless otherwise specified, includes subcontractors of Contractor. F. "Contract Bond" means collectively the approved forms of security furnished by Contractor and Contractor's Surety or Sureties as a guarantee of good faith on the part of Contractor to execute and pay for the Work in accordance with the terms of the Contract. G. "Contract Price" means the total amount payable by the City to Contractor, including authorized adjustments, for the performance of the Work under the Contract Documents and is stated in the Agreement. H. "Contract Time" means the period of time, including authorized adjustments, allotted in the Contract Documents for Final Completion of the Work. I. "Engineer" means the City Engineer, or her/his designee. J. "Final Completion" means the stage of construction following Substantial Completion when the Contractor has completed all written corrective measures for damaged or defective Work as determined by the Engineer, and has provided GC-1 656 all documents required for close out of the Contract as discussed within the Contract Documents. K. "Force Account" means the payment method used for extra work if Contractor and the Engineer are unable to negotiate prices for revised Work. L. "Force Account Work" means work completed on a Force Account basis. M. "Inspector" means an authorized representative of the Engineer, assigned to make any or all necessary inspections of the Work performed and the materials furnished by Contractor. N. "Laboratory" means the testing laboratory that shall be approved by the Engineer to inspect and determine the suitability of materials. O. "Plans" means all approved drawings or reproductions of drawings pertaining to the construction of the Work and appurtenances. P. "Proposal" means the proposal for the Work submitted by the Bidder on the Proposal Form. Q. "Proposal Form" means the approved form on which the Bidder submits its Proposal for the Work contemplated. The Proposal may also be referred to as the bid. R. "Proposal Guarantee" means the security designated in the Proposal to be furnished by the Bidder as a guarantee of good faith to enter into a contract with the City if the Work is awarded to the Bidder. S. "Specifications" means the directions, provisions and requirements contained in the Contract Documents, together with all written agreements made or to be made, pertaining to the method and manner of performing the Work, or to the quantities and qualities of materials to be furnished under the Contract Documents. T. "Substantial Completion" is the stage in the progress of the Work when the Work or a designated portion thereof is sufficiently complete in accordance with the Contract Documents so that the City can occupy or use the Work for its intended purpose. For the avoidance of doubt, unless otherwise agreed, Substantial Completion requires all of the following to be complete: all utility and storm sewer installation (except as noted below), placement of the base course and wear course of bituminous, sidewalk and pedestrian ramps, curb and gutter, driveway pavement, signage, sod, seed, pavement markings and project cleanup. Sanitary sewer lining and wye grouting or wye lining need not be complete to achieve GC - 2 657 Substantial Completion; however, all work related to these items shall be completed prior to Final Completion. U. "Surety" is the individual or corporate surety that is bound with and for Contractor for the acceptable performance of the Contract and for its payment of all obligations pertaining to the Work. V. "Unclassified Work" means all work and materials that are not included under any items in the Proposal and Contract, for which a unit price has been submitted. W. The "Work" means the construction and services required by the Contract Documents, whether completed or partially completed, and includes all other labor, materials, equipment, and services provided or to be provided by Contractor to fulfill Contractor's obligations. The Work may constitute the whole or a part of the Project. X. Meaning of expressions - In order to avoid cumbersome and confusing repetition of expressions in these Specifications, whenever it is provided that anything is, or is to be done or is, "contemplated," "required," "directed," "specified," "authorized," "ordered," "given," "designated," "indicated," "considered necessary," "permitted," "suspended," "approved," "acceptable," "unacceptable," "suitable," "unsuitable," "satisfactory," "unsatisfactory," or "sufficient," it shall be taken to mean and intend by or to the Engineer. 2. FAMILIARITY WITH LAWS AND ORDINANCES Contractor is assumed to have made itself familiar with all laws, ordinances and regulations which in any manner affect those engaged or employed in the Work, or the materials or equipment used in or upon the improvement, or in any way affect the conduct of the Work. No plea of misunderstanding will be considered on account of the ignorance thereof. The provisions of such laws or ordinances are deemed to be a part of these Specifications, and Contractor shall be bound by the provisions thereof. SECTION II - AWARD AND EXECUTION OF THE CONTRACT 1. CONSIDERATION OF PROPOSALS Comparison of proposals will be based on the correct summation of item totals, obtained from the Proposal Form. In the case of errors on a Proposal Form, the unit price shall be used to determine the correct total for a bid item. The City reserves the right to award any or all alternate bid items, or any combination thereof, in the best interest of the City. The City reserves the right to reject any or all Proposals and to waive defects or technicalities as it may deem in the best interest of the City. GC-3 658 2. EXECUTION OF CONTRACT The individual, firm, partnership, corporation or company to which the Contract has been awarded shall sign the necessary agreements, enter into a contract with the City, and shall return all necessary documents to the office of the City Clerk of Golden Valley within ten (10) days after it has received notice of award. 3. FAILURE TO EXECUTE CONTRACTS Failure to furnish the Contract Bonds in the sum equal to the amount of the award, or to execute the Contract within ten (10) days as specified, shall be just cause for annulment of the award. It shall be understood by the Bidder that, in the event of annulment of the award, the amount of the Proposal Guarantee deposited with the Proposal shall be retained by the City, not as a penalty, but as liquidated damages to compensate the City for additional costs and expenses. SECTION III - SCOPE OF WORK 1. INTENT OF PLANS AND SPECIFICATIONS The intent of the Plans and Specifications is to prescribe the complete Work or improvement that Contractor undertakes to do. The Plans and Specifications shall be read and interpreted in conjunction with the Contract Documents. Unless otherwise provided, it is understood that Contractor shall furnish all labor material, equipment, tools, transportation, necessary supplies and incidentals as may reasonably be required to complete the Work in accordance with the Plans, Specifications and other Contract Documents. The approved Plans are on file in the office of the City Clerk, City of Golden Valley, Golden Valley City Hall, 7800 Golden Valley Road, Golden Valley, Minnesota 55427, and show the location, details and dimensions of the Work. Any deviations from the Contract Documents as may be required during construction shall, in all cases, be determined by the Engineer and authorized in writing by the Engineer before such deviations are consummated. The City may attach addenda to these Specifications, to be filed with such Specifications and incorporated as part thereof, at the office of the City Clerk of Golden Valley. Bidders shall be responsible to examine such Specifications as are on file for addenda before submitting Proposals. 2. INCREASED OR DECREASED QUANTITIES OF WORK The Engineer shall have the sole right to increase or decrease any or all of the items specified in the Contract Documents, including the elimination of any one or more GC-4 659 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 Contract Documents. Contractor shall proceed promptly with changes in the Work, unless otherwise provided in the Change Order, Construction Change Directive, or order for a minor change in the Work. B. CHANGE ORDERS A Change Order is a written instrument prepared by the Engineer and signed by the City and Contractor stating their agreement upon all of the following: i) The change in the Work; ii) The amount of the adjustment, if any, in the Contract Price; and iii) The extent of the adjustment, if any, in the Contract Time. C. MINOR ALTERATIONS OF PLANS OR CHARACTER OF WORK The Engineer may order minor changes in the Work that are consistent with the intent of the Contract Documents and do not involve an adjustment in the Contract Price or Contract Time. The Engineer's order for minor changes shall be made in writing. If Contractor believes that the proposed minor change in the Work will affect the Contract Price or Contract Time, Contractor shall notify the Engineer and shall GC-5 ..1 not proceed to implement the change in the Work. If Contractor performs the Work set forth in the Engineer's order for a minor change without prior notice to the Engineer that such change will affect the Contract Price or Contract Time, Contractor waives any adjustment to the Contract Price or extension of the Contract Time. D. ELIMINATION OF WORK Should the City eliminate any Contract items from the Contract, delete any Work, or order termination on a Contract item before completion of that unit, Contractor shall be reimbursed for all costs incurred prior to notification that are not the result of unauthorized work. Compensation will be made on the following basis: i) Accepted quantities of Work completed in accordance with the Contract will be paid for at the Contract prices. ii) For materials that have been ordered but not incorporated in the Work, reimbursement will be made in accordance with the procedure set out for Surplus Material. iii) For partially completed items, accepted Work shall be paid for on the basis of a percentage of the Contract bid price equal to the percentage of actual accomplishment toward completion of the item. In arriving at this percentage, the value of materials incorporated in the partially completed items will be considered to be the actual purchase price of the materials, plus transportation costs, to which will be added fifteen percent (15%) of the sum thereof. Contractor shall also be reimbursed for such actual expenditures for equipment, mobilization, and overhead as the City considers directly attributable to the eliminated work and that are not recovered as part of the direct payment for the Work. Payment for completed Work at the Contract prices and for partially completed Work and materials in accordance with the above provisions, together with such other allowances as are made for fixed costs, shall constitute final and full compensation for the Work related to those Contract items that have been partially or totally eliminated from the Contract. 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. GC-6 661 Any Change Order shall stipulate a unit price or lump sum for the performance of work. Where a change in the Contract Price or Contract Time cannot be agreed upon, the Unclassified Work shall be completed pursuant to a Construction Change Directive and payment shall be made on a Force Account basis. 5. CONSTRUCTION CHANGE DIRECTIVES A Construction Change Directive is a written order prepared by the Engineer directing a change in the Work prior to agreement on adjustment, if any, in the Contract Price or Contract Time, or both. The City may by Construction Change Directive, without invalidating the Contract, order changes in the Work within the general scope of the Contract consisting of additions, deletions, or other revisions, the Contract Price and Contract Time being adjusted accordingly. A Construction Change Directive shall be used in the absence of total agreement on the terms of a Change Order. If the Construction Change Directive provides for an adjustment to the Contract Price, the adjustment shall be made as provided in Section VIII below. If Contractor disagrees with the adjustment in the Contract Price or Contract Time, Contractor may make a Claim in accordance with applicable provisions of Section VIII(6). Upon receipt of a Construction Change Directive, Contractor shall promptly proceed with the change in the Work involved and advise the Engineer of 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, issuance of the Certificate of Final Completion and final payment, Contractor shall remove from the street and adjacent property, all surplus and discarded materials, equipment, rubbish and temporary structures; restore in an acceptable manner all property, both public and private, which has been damaged during the prosecution of the Work; and shall leave the site in a neat and presentable condition subject to the approval of the Engineer. GC-7 662 SECTION IV - CONTROL OF WORK 1. AUTHORITY OF ENGINEER The Engineer shall decide any and all questions which may arise as to (1) the quality and acceptability of materials furnished and Work performed; (2) the manner of performance and rate of progress of the Work; (3) the interpretation of the Plans and Specifications; (4) the acceptable fulfillment of the Contract on the part of Contractor; and (5) the amount and quantity of the several kinds of Work performed and materials furnished under the Contract. 2. CONFORMITY WITH PLANS AND ALLOWABLE DEVIATIONS No deviations from the Plans or the approved working drawings shall be permitted without the written approval of the Engineer. 3. COORDINATION OF PLANS AND SPECIFICATIONS Contractor shall take no advantage of any apparent error or omission in the Plans or Specifications, and the Engineer shall be permitted to make such corrections and interpretations as may be deemed necessary for the fulfillment of the Plans and Specifications. Any work not specified herein or in the Plans, but which may be fairly implied or understood as included in the Contract, shall be completed by Contractor without extra charge. Any ambiguity or discrepancy in the Plans or Specifications shall be adjusted by using the best class of work or materials. In the case of any discrepancy between the scale and figures in the Plans, drawings, etc., the figured dimensions shall govern. In the case of any discrepancy between the quantities shown in the Proposal and those shown in the Plans, the Plans shall prevail. In case any other discrepancy occurs between the Plans and the Specifications, the decision of the Engineer shall be decisive thereon. 4. COOPERATION BY CONTRACTOR The City shall supply Contractor with five copies of the Plans and Specifications. Contractor shall have said Plans and Specifications available at the Project at all times during the prosecution of the Work. Contractor shall give the Work its constant attention to facilitate progress and shall cooperate with the Engineer in setting and preserving stakes, benchmarks, etc., and in all other things that are necessary for satisfactory completion of the Work. Contractor shall have a competent and reliable superintendent acting as 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. GC-8 663 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 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. GC-9 664 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. UNAUTHORIZED WORK Work done without lines and grades, Work done beyond the lines and grades shown on the Plans, or as given, except as herein provided, or any Unclassified Work done without written authority shall be considered unauthorized and at the expense of Contractor and will not be measured or paid for by the City. Work so done may be ordered removed and replaced at Contractor's expense. 9. DEFECTIVE WORK All Work not conforming to the requirements of the Contract Documents shall be considered defective and may be rejected by the Engineer by providing written notice of the defect to Contractor. Contractor shall promptly correct Work rejected by the Engineer or failing to conform to the requirements of the Contract Documents and whether or not fabricated, installed or completed. Costs of correcting such rejected Work, including additional testing and inspections, the cost of uncovering and replacement, and compensation for the 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. GC-10 665 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. 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 Contractor a written acceptance of such condition. The City shall give such notice promptly after discovery of the condition. If, during the one-year period for correction of Work, the City fails to notify Contractor and give Contractor an opportunity to make the correction, the City waives the right to require correction by Contractor and to make a claim for breach of warranty. If Contractor fails to correct nonconforming Work within a reasonable time after receipt of notice from the City, the City may correct the Work at Contractor's expense. The one-year period for correction of Work shall be extended with respect to portions of Work first performed after Final Completion by the period of time between Final Completion and the actual completion of that portion of the Work. The one- year period for correction of Work shall not be extended by corrective Work performed by Contractor pursuant to this Section. Nothing contained in this Section shall be construed to establish a period of limitation with respect to other obligations Contractor has under the Contract Documents. Establishment of the one-year period for correction of Work as described in this Section relates only to the specific obligation of Contractor to correct the Work, and has no relationship to the time within which the obligation to comply with the Contract Documents may be sought to be enforced, nor to the time within which proceedings may be commenced to establish Contractor's liability with respect to Contractor's obligations other than specifically to correct the Work. GC-11 M. 12. FOSSILS If any fossils or treasure or other unusual or valuable geological formations are found in the process of excavating, such fossils and sample of geological formations shall be carefully preserved by Contractor and given to the Engineer and shall be the property of the City. SECTION V - CONTROL OF MATERIALS 1. SOURCE AND QUALITY OF MATERIALS The source of supply of the materials to be used shall be approved by the Engineer before delivery is started. The approval of the source of any material will stand only so long as the material itself conforms to the Specifications. Only materials conforming to the requirements of these Specifications shall be used in the Work. The source of any materials shall not be changed at any time without the written approval of the Engineer. Contractor may be required, at any time, to furnish a complete statement of the original composition and manufacturer of any or all materials required in the Work, or to submit sample of the same. 2. STANDARD STOCK PRODUCTS All materials, supplies and articles furnished shall, whenever so specified, and otherwise wherever practicable, be the standard stock products of recognized, reputable manufacturers. The standard stock products of manufacturers other than those specified may be accepted when it is proved to the satisfaction of the Engineer that they are equal to or better than the specified products in strength, durability, usefulness and convenience for the purpose intended. Whenever reference is made herein to A.S.T.M. Specifications, it shall be understood that the latest revision of the A.S.T.M. at the time of award of Contract is implied. 3. TESTS OF MATERIALS When tests of materials are necessary, such tests shall be made by and at the expense of the City unless otherwise provided. Contractor shall afford such facilities as the Engineer may require for collecting and forwarding samples, and shall not use the materials represented by the samples until tests have been made and the materials have been found to satisfy the requirements of these Specifications. Contractor shall, in all cases, furnish the required samples without charge. The quantity of materials Contractor must furnish shall be a reasonable amount, deemed by the Engineer, to effectively test such materials to verify compliance with the Specifications and/or meet requirements from non -City funding sources. GC-12 667 4. STORAGE Materials shall be stored so as to insure the preservation of their quality and fitness for the Work and such materials, even though approved before storage, shall be subject to test, and must meet the requirements of these Specifications at the time it is proposed to incorporate them in the Work. Materials shall be stored in a manner that will facilitate inspections and protect the general public from injury. The portion of the right-of-way not required for public travel may, with the consent of the Engineer, be used for storage purposes, and for the placing of Contractor's plant and equipment, but any additional space required, unless otherwise stipulated, shall be provided by Contractor at its expense. 5. DEFECTIVE MATERIALS All materials not conforming to the requirements of these Specifications shall be considered as defective and all such materials, whether in place or not, will be rejected and shall be removed immediately from the right-of-way unless otherwise permitted by the Engineer. No material that has been rejected - the defects on which have been corrected or removed - shall be used until the 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. 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. GC-13 ..: Contractor and Contractor's Surety shall, indemnify and save harmless the City and all of its officers, agents and servants against any claim or liability arising from or based on the violation of any law, ordinance, regulation or decree, whether by itself or its employees. If Contractor shall discover any provisions in the Plans, Contract, or these Specifications or any direction of the Engineer or Inspector which is contrary to or inconsistent with any such law, ordinance, regulation or decree, Contractor shall immediately report its inconsistency to the Engineer in writing. 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. 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 GC-14 ..• 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 ("M M UTCD"). 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 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 GC-15 670 incurred by the City due to flood conditions, or backing up of sanitary or storm sewers or storm drains caused by the Work. Contractor also agrees to indemnify the City and its agents and employees against claims relating to or arising from any such backups or flooding. 7. SITES TO BE KEPT CLEAN Contractor shall clean and keep clean from waste materials or refuse resulting from its operations, the streets, the Work and public property occupied by Contractor. Equipment not usable on the Work shall be promptly removed and the adjacent premises maintained in a neat and orderly condition at all times. Advertising signs in general will not be permitted at the Project. 8. NOISE ELIMINATION Contractor shall eliminate noise to as great an extent as possible at all times. Air compressing plants shall be equipped with silencers, and the exhausts of all gasoline motors or other power equipment shall be provided with mufflers approved by the Engineer. 9. USE OF EXPLOSIVES If it is necessary to use explosives in the performance of the Work, Contractor shall take out permits and comply with all laws, ordinances and regulations governing same. Contractor shall fully protect all completed Work as well as all overhead, surfaces or underground structures and shall be liable for any damage done to the Work or other structures on public or private property and injuries sustained by persons by reason of the use of explosives in 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 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 GC-16 671 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 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. GC-17 672 Contractor shall not claim or be entitled to receive compensation for any damages sustained by reason of the inaccuracy of the omission of any of the information given on the drawings relative to the surface, overhead or underground structures or by reason of Contractor's failure to properly protect and maintain such structures. Contractor shall exercise extreme care in crossing, or working adjacent to, all utilities and shall be responsible to protect and maintain their operation during the Work. Contractor shall restore, at its expense, any public structures such as, including but not limited to, water mains, water connections, and appurtenances, sewers, manholes, catch basins, culverts, and sewer connections which are damaged or injured in any way by Contractor's acts or the acts of its employees, agents or subcontractors. Contractor shall indemnify and save harmless the City from any suit, claim, demand or expense, including attorneys' fees and costs, brought for or on account of any damage, maintenance, removal, replacement, or relocation of mains, conduits, pipes, poles, wires, cables or other structures of private utility firms or corporations whether underground or overhead, that may be caused or required by Contractor during the Work. However, in cases involving an overhead or underground privately owned utility installed and located in accordance with a permit issued by the City, if, in the opinion of the Engineer, the relocation of said utility is required to facilitate the Work, the City shall provide for such relocation, to the extent allowed under the permit or applicable law. 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. GC-18 673 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, al 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.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 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. GC-19 674 17. REQUIREMENTS OF CONTRACT BOND The successful Bidder, at the time of the execution of the Contract, shall furnish, and at all times, maintain a satisfactory and sufficient PERFORMANCE BOND AND PAYMENT BOND, each in the full amount of the Contract, as required by law, with Sureties satisfactory to the City. The form of the Contract Bond is that required by Statute. Personal Sureties will not be approved. The Contract Bond shall be acknowledged by both principal and Surety, and the execution thereof witnessed by two witnesses as to each party. Minnesota Statutes, Chapter 13, requires that the City make all payment and performance bonds available for inspection and copying upon request. All claims on Contractor's Bonds shall be brought in accordance with the requirements of Minnesota Statutes Chapter 574. 18. PUBLIC LIABILITY AND PROPERTY DAMAGE INSURANCE Contractor shall purchase and maintain, at Contractor's own cost and expense, insurance of the types and limits of liability, containing endorsements and subject to the terms and conditions described herein and in the Contract Documents, including but not limited to property damage and public liability coverage. The City shall be named as an additional insured under Contractor's policies of insurance. The policies of insurance shall indemnify the City and all of its officers, agents, consultants and employees, from all property or personal injury claims. Contractor shall not commence the Work until it has obtained all the insurance described below, provided proof of such coverage to the City, and the City has approved Contractor's insurance. All policies and certificates shall provide that the policies shall remain in force and effect throughout the term of the Contract. A. Policy Requirements i) Worker's Compensation Insurance: a. Statutory Compensation Coverage: b. Coverage B — Employer's Liability with limits of not less than: 1. $100,000 Bodily Injury per Disease per Employee 2. $500,000 Bodily Injury per Disease Aggregate 3. $100,000 Bodily Injury by Accident ii) Automobile Liability Insurance: a. Minimum Limits of Liability: 1. $2,000,000 — Per Occurrence — Bodily Injury and Property Damage Combined Single Limit b. Coverages: X Owned Automobile, if any X Non -Owned Automobile GC - 20 675 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 and non-contributory to any other valid and collectible insurance available to the City with respect to any claim arising out of this Contract, and shall provide the City with thirty (30) days advance written notice of cancellations, non -renewals or reduction in limits or coverage or other material change. Contractor is responsible for payment of insurance deductibles. If Contractor is self - insured, a Certification of Self -Insurance must be attached. Insurance companies must have an "AM Best" rating of A-, class V or better, and be authorized to do business in the State of Minnesota and must be satisfactory to the City. Each subcontractor shall furnish property damage and public liability insurance that complies with all of the requirements stated, except as to amounts. Subcontractors shall furnish property damage insurance and public liability insurance in amount proportionate to their respective subcontracts, but such amounts shall be satisfactory to the Engineer. GC-21 676 19. WORKMEN'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. 20.COMPLIANCE WITH EXISTING CONTRACTS BETWEEN THE CITY OF GOLDEN VALLEY AND OTHERS Contractor shall familiarize itself with all terms and provisions of contracts between the City of Golden Valley and the City of Minneapolis in regards to wholesale purchase of potable water; and with the Cities of Crystal and New Hope for the storage distribution of potable water as may apply. Contractor shall similarly familiarize itself with other contracts between the City of Golden Valley and other municipalities, firms, corporations, or individuals relating in any manner whatsoever to the subject matter of this Contract and shall conform to all of the requirements of said contracts and shall do nothing which shall violate any of the provisions or conditions imposed upon the City. SECTION VII - PROSECUTION AND PROGRESS 1. SUBLETTING OR ASSIGNMENT OF CONTRACT Contractor shall not sublet, sell, transfer, assign or otherwise dispose of the Contract or any portion thereof, or of the Work, or of 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 the Work shall be given to the City at least five (5) days in advance of beginning the Work. Such starting time shall be within ten (10) calendar days after the date of receipt by Contractor of written notice to proceed. The official starting time shall be taken as the date on which Contractor is notified in writing by the Engineer that Contractor has fulfilled all preliminary requirements of GC - 22 677 the City. The official Contract Time shall be in accordance with the Special Conditions. Should the prosecution of the Work be discontinued temporarily by Contractor for any reason, Contractor shall notify the Engineer at least twenty-four (24) hours before again resuming operations and shall not resume operations until it receives written approval from the Engineer. Unless otherwise provided for elsewhere in these Specifications, Contractor shall notify the City of the location at which Contractor intends to begin operations. The Engineer shall have the right to change the point of beginning or the points of operation of Contractor's work force. The Work shall be prosecuted in such manner as to ensure its completion within the Contract Time. In case of failure to prosecute the Work in such a manner as to ensure its completion within the Contract Time, the Engineer shall have the right to require Contractor to place in operation such additional force and equipment as are deemed necessary by the Engineer. 3. LIMITATIONS OF OPERATIONS In case of a dispute arising between two or more Contractors engaged on the same work as to the respective rights or each under these Specifications, the Engineer shall determine the matters at issue and shall define the respective rights of the various interests involved in order to secure the completion of all parts of the Work in harmony and with satisfactory results. Any such decisions by the Engineer shall be final and binding on all parties and shall not in any way give rise to or provide a basis for a claim for extra compensation by any of the parties. 4. CHARACTER OF WORKMEN AND EQUIPMENT Contractor shall employ such superintendents, foremen and workmen 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 Workmen'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 GC - 23 678 and have the authority to obtain equipment and manpower as needed to complete the Work. All directions given to the superintendent shall be as binding as if they were given to Contractor. All machinery and equipment owned or controlled by Contractor which is proposed to be used by Contractor on the Work shall be of sufficient size and in such mechanical condition as to meet with the requirements of the Work and to produce a satisfactory quality of work. When so ordered by the Engineer, in writing, unsatisfactory equipment shall be removed and replaced with equipment which will satisfactorily perform the Work. No change in the machinery and equipment employed on the Project that has the effect of decreasing its capacity shall be made except by written permission of the Engineer. The measure of the capacity of machinery and equipment shall be its actual performance of the Work. Failure of Contractor to provide adequate equipment may result in the annulment of the Contract as hereinafter provided. 5. CONTRACTOR'S RIGHT TO REQUEST CHANGES If Contractor discovers, prior to or during construction anything in the Plans or Specifications or in the supplementary directions issued by the Engineer which, in the opinion of Contractor, appears to be faulty engineering or design, Contractor shall immediately advise the Engineer in writing of 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. SUBSTANTIAL COMPLETION When Contractor considers that the Work, or a portion thereof which the City agrees to accept separately, is substantially complete, Contractor shall prepare and submit to the Engineer a comprehensive list of items to be completed or corrected prior to final payment. Failure to include an item on such list does not alter the responsibility of Contractor to complete all Work in accordance with the Contract Documents. GC - 24 679 Upon receipt of Contractor's list, the Engineer or the Inspector shall inspect the Work to determine whether it is substantially complete. If the inspection discloses any item, whether or not included on Contractor's list, which is not sufficiently complete in accordance with the Contract Documents so that the City can occupy or utilize the Work or designated portion thereof for its intended use, Contractor shall, before issuance of the Certificate of Substantial Completion, complete or correct such item. In such case, Contractor shall then submit a request for another inspection by the Engineer to determine Substantial Completion. When the Work or designated portion thereof is substantially complete as determined by the Engineer, the Engineer shall prepare a Certificate of Substantial Completion that shall establish the date of Substantial Completion; establish responsibilities of the City and Contractor for security, maintenance, damage to the Work and insurance; and fix the time within which Contractor shall finish all items on the list accompanying the Certificate. Warranties required by the Contract Documents shall commence on the date of Substantial Completion of the Work or designated portion thereof unless otherwise provided in the Certificate of Substantial Completion. The Certificate of Substantial Completion shall be submitted to the City and Contractor for their written acceptance of responsibilities assigned to them in the Certificate. Upon such acceptance, and consent of surety if any, the City shall make payment of retainage applying to the Work or designated portion thereof. Such payment shall be adjusted for Work that is incomplete or not in accordance with the requirements of the Contract Documents. 8. DETERMINATION AND EXTENSION OF CONTRACT TIME FOR COMPLETION Contractor shall perform fully, entirely, and in an acceptable manner, the Work contracted for within the time stated in the Contract. If Contractor finds that it will be impossible to complete the Work on or before the Contract Time, Contractor shall request an extension of the Contract Time as set forth in Section 4 of the Special Conditions. In case such extension is not granted, the right to proceed with the Work may be considered as forfeited as of the Contract Time, including all agreed upon adjustments, and the City, without violating the Contract, may proceed immediately to take over the Work, materials and equipment and make final settlement of costs incurred as provided for in Paragraph 7 below, except that it shall not be necessary to give Contractor written ten (10) days' notice for such forfeiture. 9. FAILURE TO COMPLETE WORK ON TIME Should Contractor fail to complete the Work on or before the Contract Time, taking into consideration all agreed upon extensions, the City may permit Contractor to GC - 25 .:1 proceed and there shall be deducted from any monies due or that may become due Contractor the amount agreed upon as liquidated damages under section 4 the Special Conditions of the Agreement. Liquidated damages shall continue to accrue until the unfinished Work is completed whether Contractor finishes the Work or the Work is finished by an alternate contractor. Permitting Contractor to continue and finish the Work or any part of it after the Contract Time, or after the date to which the Contract Time may have been extended, shall in no way operate as a waiver on the part of the City of any of its rights. Neither by the taking over of the Work by the City, nor by the annulment of the Contract, shall the City forfeit the right to recover liquidated damages from Contractor or Contractor's Surety for failure to complete the Contract. 10. RIGHT OF THE CITY TO DECLARE CONTRACTOR IN DEFAULT In addition to those instances specifically referred to in the Contract Documents, the City shall have the right to declare Contractor in default of the whole or any part of the Work if: A. Contractor becomes insolvent; B. Contractor makes an assignment for the benefit of creditors pursuant to the Statutes of the State of Minnesota; C. A voluntary or involuntary petition in bankruptcy be filed by or against Contractor; D. Contractor fails to commence work when notified to do so by the Engineer; E. Contractor shall abandon the Work; F. Contractor shall refuse to proceed with the Work when and as directed by the Engineer; G. Contractor shall, without just cause, reduce its working force to a number which, if maintained would be insufficient, in the opinion of the Engineer, to complete the Work in accordance with the approved progress schedule, and shall fail or refuse to sufficiently increase such working force when ordered to so by the Engineer; H. Contractor shall sublet, assign, transfer, convey or otherwise dispose of this Contract other than as herein specified; I. A receiver or receivers are appointed to take charge of Contractor's property or affairs; J. The Engineer shall be of the opinion that Contractor is or has been knowingly, willfully or in bad faith, violating any of the provisions of this Contract; K. The Engineer shall be of the opinion that Contractor is or has been unnecessarily, unreasonable or willfully delaying the performance and completion GC - 26 681 of the Work, or the award of a necessary subcontract or the placing of necessary material or equipment orders; L. The Engineer shall be of the opinion that the Work cannot be completed within the Contract Time, taking into consideration all agreed upon amendments to the Contract Time; provided, however, that the impossibility of timely completion is, in the Engineer's opinion, attributable to conditions within Contractor's control; M. The Engineer shall be of the opinion that Contractor is not or has not been executing the Contract in good faith and in accordance with its terms; or N. The Work is not completed within t within the Contract Time, taking into consideration all agreed upon amendments to the Contract Time. Before the City shall exercise its right to declare Contractor in default by reason of the conditions set forth in items numbered 1, 4-7, 10-13, or 14, it shall give Contractor an opportunity to be heard, on two days' notice, at which hearing Contractor may have a stenographer present; provided, however, that a copy of such stenographic notes, if any, shall be furnished to the City. The right to declare in default for any of the grounds specified or referred to above shall be exercised by sending Contractor a notice, signed by the Engineer, setting forth the grounds upon which such default is declared. Upon receipt of such notice, Contractor shall immediately discontinue all further operations under this Contract and shall immediately quit the site, leaving untouched all plant, materials, equipment, tools and supplies then on the site. 11.COMPLETION OF THE WORK AFTER DEFAULT The City, after declaring Contractor in default, may then have the Work completed by such means and in such manner, by contract with or without public letting or otherwise, as it may deem advisable, utilizing for such purpose such of Contractor's plant, materials, equipment, tools, and supplies remaining on the site, and also such subcontractors as it may deem advisable. After such completion, the Engineer shall make a certificate stating the expense incurred in such completion, which shall include the cost of re -letting and also the total amount of liquidated damages (at the rate provided for in the Specifications) from the date when the Work should have been completed by Contractor in accordance with the Contract Documents to the date of actual completion of the Work. Such certificate shall be binding and conclusive upon Contractor in accordance with the terms hereof to the date of actual completion of the Work. Such certificate shall be binding and conclusive upon Contractor, 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 GC - 27 682 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 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 of the Work. SECTION VIII - MEASUREMENT AND PAYMENT 1. MEASUREMENT OF QUANTITIES Measurement of all Work acceptably completed will be made in accordance with the system in which the Contract is let, either U.S. Standard or International System (metric). Such measurements will be used as a basis for the computation of the quantities of Work performed. Quantities designated to be measured by linear units will be taken horizontally. Where Work is to be paid for by units of length, area, volume or mass, only the net amount of Work actually performed, as it shall appear in the finished Work and measured as hereinafter specified shall be paid for, local customs to the contrary notwithstanding. Calculation of area quantities where the computation of the areas by geometric methods would be comparatively laborious, it is stipulated and agreed that the City's computer aided drafting system shall be used as the method of measurement. GC - 28 683 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 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 of these General Conditions, and in the detail Specifications for each class of Work. 6. PAYMENT FOR SURPLUS MATERIALS Payment for materials that have been ordered in furtherance of the Work, but that are not to be used because (1) of cancellation of the Contract or a portion thereof; (2) of an order to terminate the Work before completion of the entire unit; or (3) the quantity ordered by the Engineer was in excess of the quantity needed, will be made in accordance with this section, unless Contractor or one of Contractor's suppliers elects to take possession of the surplus material without expense to the City. Payment for surplus materials that have been purchased and shipped or delivered to the Project will be made at the Contract bid price when the pay item covers the furnishing and delivering of the material only. GC - 29 684 When the Contract bid price covers the furnishing and placing of the material, the City will take possession of the surplus materials that have been purchased and shipped or delivered to the Project, or will order the material returned to the supplier for credit and will pay the Contractor the actual purchase price of the material plus transportation costs, to which will be added fifteen percent (15%) of the total thereof, and from which will be deducted any credits received by the Contractor for materials returned. Materials that have been ordered but have not been consigned for shipment shall be paid for upon delivery the same as materials in transit or delivered only when the supplier is unwilling to cancel or modify the order such as in the case of materials requiring special manufacture, fabrication, or processing so as to be unsuitable for general use. In no case shall payment for surplus materials exceed the Contract Price for the materials complete in place. Contractor shall furnish invoices or an affidavit showing the purchase price and transportation charges on materials to be taken over by the City. Surplus materials that are taken over by the City shall be delivered to the storage sites designated by the Engineer. Except as above provided, no payment shall be made to Contractor for any materials that are not incorporated in the Work. Materials shall be ordered in the quantities needed unless a specific quantity is to be furnished by direct order of the Engineer. 7. CLAIMS AND PROTESTS A. General A Claim is a demand or assertion by one of the parties seeking, as a matter of right, payment of money, a change in the Contract Time, or other relief with respect to the terms of the Contract. The term "Claim" also includes other disputes and matters in question between the City and Contractor arising out of or relating to the Contract. The responsibility to substantiate Claims shall rest with the party making the Claim. This Section does not require the City to file a Claim in order to impose liquidated damages in accordance with the Contract Documents. B. Time Limit on Claims The City and Contractor shall commence all Claims and causes of action against the other and arising out of or related to the Contract, whether in contract, tort, breach of warranty or otherwise, in accordance with the requirements of this Section and within the period specified by applicable law, but in any case not more than one year GC - 30 685 after the date of Substantial Completion of the Work. The City and Contractor waive all Claims and causes of action not commenced in accordance with this Section. C. Notice of Claims Claims by either the City or Contractor shall be initiated by notice to the other party and shall be initiated within ten (10) days after occurrence of the event giving rise to such Claim or within ten (10) days after the claimant first recognizes, or reasonably should have recognized, the condition giving rise to the Claim, whichever is later. Any Claim not made within ten (10) days shall be deemed waived. D. Continuing Contract Performance Pending final resolution of a Claim, except as otherwise agreed in writing, Contractor shall proceed diligently with performance of the Contract and the City shall continue to make payments in accordance with the Contract Documents. The Contract Price and Contract Time shall be adjusted in accordance with the resolution of the Claim, subject to the right of either party to proceed in accordance with this section. E. Claims for Additional Cost If Contractor wishes to make a Claim for an increase in the Contract Price, notice as provided in Subsection 1 C above shall be given before proceeding to execute the portion of the Work that is the subject of the Claim. Prior notice is not required for Claims relating to an emergency endangering life or property. F. Claims for Additional Time If Contractor wishes to make a Claim for an extension of the Contract Time, Contractor shall request an extension as set forth in Section 4 of the Special Conditions. G. Mediation Claims, disputes, or other matters in controversy arising out of or related to the Contract, except those waived as provided for in the Contract Documents, shall be subject to mediation as a condition precedent to commencement of litigation. The parties shall endeavor to resolve their Claims by mediation which shall be administered by a mediator mutually agreed upon by the parties. A request for mediation shall be made in writing, delivered to the other party to the Contract and shall be completed within ninety (90) days from the date the request for mediation was delivered to the other party. The parties shall share the 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. GC-31 .:. 8. PAYMENT FOR UNCLASSIFIED AND FORCE ACCOUNT WORK Unclassified Work authorized by the Engineer, will be paid for at a unit price, lump sum or on a Force Account basis. All Force Account Work shall be paid for in the following manner: A. For all labor and foremen in the direct charge of the specific Work, Contractor will receive the actual wages paid for each and every hour that said labor and foreman are actually engaged in such Work, plus the cost of bond, insurance and taxes, to which cost shall be added twenty (20) percent of the sum thereof. No charge shall be made by Contractor for organization or overhead expense. B. For all materials used, Contractor will receive the actual cost of such materials including freight charges as shown by original receipted bills, to which cost shall be added ten (10) percent of the sum thereof. Where materials are specifically purchased for use on Unclassified Work but are taken from Contractor's stock, Contractor shall submit an affidavit of the quantity, price and freight on such materials in lieu of original bills and invoices. This affidavit shall be approved by the Engineer. C. For any machinery, trucks or equipment, including fuel and lubricants, which it may be deemed necessary or desirable to use, Contractor will receive a reasonable rental price, to be agreed upon in writing before such Work is begun, for each and every hour that said machinery, trucks and equipment are in use on such Work, and to which sum no percentage will be added. Such rental price shall not exceed the rates established by the A.G.C. for this district. The compensation as herein provided shall be received by Contractor as payment in full for Unclassified Work done by Force Account and said twenty (20) percent for labor and said ten (10) percent for materials shall be agreed to cover profit, superintendence, general expense, overhead, and the use of small tools and equipment for which no rental is allowed. Contractor or 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 GC - 32 687 estimates until Contractor's refusal or failure is eliminated, or, after giving Contractor due notice, the City may make payment for said Work on a basis of a reasonable estimate of the value of the Work performed. 9. PARTIAL PAYMENTS Unless payments are withheld by the City for reasons herein before stated, payment will be made at least once a month on a basis of ninety-five (95) percent of the Work done, provided that the Work is progressing to the satisfaction of the Engineer; provided further, however, that when ninety-five (95) percent or more of the Work is completed, the City, in its sole discretion, may determine that something less than five (5) percent need be retained to protect the City's interest in satisfactory completion of the Contract. Monthly estimates may include the value of acceptable materials required for the Work, which have been delivered to the Project, and for which acceptable provisions have been made for the preservation and storage. From the total value of the materials so reported, five (5) percent shall be retained. Such material, when so paid for by the City, shall become the property of the City and in the event of default on the part of Contractor, the City may use or cause to be used such materials in the construction of the Work provided for in the Contract. The amount thus paid by the City for materials shall go to reduce estimates due Contractor as the materials are used in the Work. Minnesota Statutes, Sections 337.10, subd. 3 and 471.425, subd. 4a, requires that Contractor pay any subcontractors within ten (10) days after receipt of payment from the City for undisputed services provided by the subcontractor. Contractor shall provide proof to the City of payment to subcontractors in the form of check copies or receipts. If Contractor fails to make payments to subcontractors for undisputed Work, Contractor shall pay interest of one and one-half percent (1-1 /2%) per month of any amounts not paid on time to subcontractors, with a minimum monthly interest penalty payment of ten dollars ($10). No release of any retained percentage will be made without the written approval of the Surety or Sureties, which approval shall be obtained by Contractor. Any such release may be optional with the City. 10. FINAL PAYMENT Upon receipt of Contractor's notice that the Work is ready for final inspection and acceptance, the Engineer shall promptly make such inspection as provided in section IV(10) of these General Conditions. When the Engineer finds the Work acceptable under the Contract Documents and the Contract fully performed, the Engineer will prepare a final estimate containing complete quantities of each and every item of Work performed by Contractor, and the value thereof (the "Final Pay Estimate"). Upon acceptance of the Final Pay Estimate by Contractor, the Engineer will (i) issue a Certificate of Final Completion; (ii) forward the Certificate of Final GC - 33 .:: Completion and Final Pay Estimate to the City Finance Director for payment; and (iii) notify Contractor and Contractor's Surety or Sureties of the acceptance of the Work. The date of Final Completion of the Contract shall be the date on the Certificate of Final Completion and the action of the City by which Contractor is bound and the Contract concluded shall be evidenced by the Certificate of Final Completion and Final Payment. All prior certificates or estimates upon which payments may have been made are merely partial estimates and subject to correction in the final payment. 11.CERTIFICATE OF COMPLIANCE OF MINNESOTA WITHHOLDING TAX Final payment will not be made until Contractor shall have filed with the City evidence, in the form of an affidavit, lien waiver or such other evidence as may be required, that all claims against Contractor by reason of the Contract have been fully paid or satisfactorily secured. In case such evidence is not furnished, the City may retain out of any amount due said Contractor sums sufficient to cover all Iienable claims unpaid. Before final payment is made for the Work on this project, Contractor must make a satisfactory showing that it has complied with the provisions of Minnesota Statutes Section 290.92 requiring the withholding of State Income Tax for wages paid employees on this project. Receipt by the City Engineer of a Certificate of Compliance from the Commissioner of Taxation will satisfy this requirement. Contractor is advised that before such Certificate can be issued, Contractor must first place on file with the Commissioner of Taxation an affidavit, in the form of an IC- 134, that Contractor has complied with the provisions of Minnesota Statutes Section 290.92. SECTION IX - MISCELLANEOUS PROVISIONS 1. NONDISCRIMINATION. Contractor agrees: A. That it shall not, in the hiring of labor or employees for the performance of any work under this Agreement, by reason of any race, creed, color, national origin, sex, gender identity, sexual orientation, or disability discriminate against any person who is qualified and available to perform the Work; B. That it shall not, in any manner, discriminate against, intimidate or prevent the employment of any person identified in clause (a) of this section, or on being hired, prevent or conspire to prevent, the person from the performance of any GC-34 .:• work under this Agreement on account of the persons race, creed, color, national origin, sex, gender identity, sexual orientation, or disability; and C. That it shall not intentionally refuse to do business with, refuse to contract with, or discriminate in the terms, conditions, or performance of any agreement related to the Work to be performed under this Agreement because of a person's race, creed, color, national origin, sex, gender identity, sexual orientation, or disability, unless the alleged refusal is because of a legitimate business purpose. 2. GOVERNMENT DATA. Contractor acknowledges that, to the extent this Agreement requires Contractor to perform a government function, all of the data created, collected, received, stored, used, maintained or disseminated by Contractor in performing government functions is subject to the requirements of the Minnesota Government Data Practices Act (Minn. Stat. § 13.01 et. seq. the "MGDPA"), except to the extent the data is privileged pursuant to an exception to or exclusion from the MGDPA, and that Contractor must comply with the MGDPA as if Contractor were a government entity, including the remedies in Minn. Stat. §13.08, subject to any other appropriate exception to or exclusion from the MGDPA. Contractor agrees to promptly notify the City of any request for data that Contractor receives related to this Agreement. 3. VENUE AND FORUM. This Agreement shall be interpreted in accordance with Minnesota law and any suit or litigation between the parties arising out of this Agreement shall be filed, tried and litigated only in Hennepin County District Court in the state of Minnesota. 4. COUNTERPARTS. This Agreement may be executed in any number of counterparts, including electronically. Each counterpart constitutes an original and all counterparts collectively constitute one and the same instrument. The signatures of the parties need not appear on the same counterpart. 5. ELECTRONIC SIGNATURES. Except as otherwise stated herein, documents executed, scanned and transmitted electronically and electronic signatures shall be deemed original signatures for purposes of this Agreement and all related matters. All scanned and electronic signatures shall have the same legal effect as original signatures. This Agreement, any other document necessary for the consummation of the transaction contemplated by this Agreement may be accepted, executed or agreed to through the use of an electronic signature in accordance with the Uniform Electronic Transactions Act, Minnesota Statutes Chapter 325L. Any document accepted, GC - 35 .•1 executed or agreed to in conformity with such laws will be binding on each party as if it were physically executed. 6. NOTICES. Any notices or communications required or permitted by this Agreement must be (i) given in writing; and (ii) personally delivered, mailed, by prepaid certified mail, or transmitted by facsimile or electronic mail transmission (including email or PDF), to the intended party at the mailing address or email address of such party as follows: To City: To Contractor: City of Golden Valley Attn: Jeff Oliver 7800 Golden Valley Road Golden Valley, MN 55427 ioliver(a)goldenvalleym n.gov 7. SEVERABILITY If any term or provision of the Contract Documents shall be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby and such provision shall be ineffective only to the extent of such invalidity, illegality or unenforceability. 8. NO WAIVER OF LEGAL RIGHTS Duties and obligations imposed by the Contract Documents and rights and remedies available thereunder shall be in addition to and not a limitation of duties, obligations, rights, and remedies otherwise imposed or available by law. No action or failure to act by the City, or Engineer shall constitute a waiver of a right or duty afforded them under the Contract, nor shall such action or failure to act constitute approval of or acquiescence in a breach thereunder, except as may be specifically agreed upon in writing. GC - 36 691 692 GENERAL CONDITIONS INDEX Page SECTION I - GENERAL.................................................................................................. 1 1. DEFINITIONS................................................................................................. 1 2. FAMILIARITY WITH LAWS AND ORDINANCES...........................................3 SECTION 11 - AWARD AND EXECUTION OF THE CONTRACT ................................... 3 1. CONSIDERATION OF PROPOSALS.............................................................3 2. EXECUTION OF CONTRACT........................................................................ 4 3. FAILURE TO EXECUTE CONTRACTS..........................................................4 SECTION III - SCOPE OF WORK................................................................................... 4 1. INTENT OF PLANS AND SPECIFICATIONS................................................. 4 2. INCREASED OR DECREASED QUANTITIES OF WORK .............................4 3. CHANGES IN THE WORK.............................................................................. 5 4. UNCLASSIFIED WORK..................................................................................6 5. CONSTRUCTION CHANGE DIRECTIVES..................................................... 7 6. FINAL CLEAN-UP........................................................................................... 7 SECTION IV - CONTROL OF WORK............................................................................. 8 1. AUTHORITY OF ENGINEER.......................................................................... 8 2. CONFORMITY WITH PLANS AND ALLOWABLE DEVIATIONS ................... 8 3. COORDINATION OF PLANS AND SPECIFICATIONS .................................. 8 4. COOPERATION BY CONTRACTOR.............................................................. 8 5. CARE AND PROTECTION OF WORK AND MATERIALS ............................. 9 6. AUTHORITY AND DUTY OF INSPECTOR .................................................... 9 7. INSPECTION................................................................................................ 10 8. UNAUTHORIZED WORK.............................................................................. 10 9. DEFECTIVE WORK...................................................................................... 10 10. FINAL INSPECTION..................................................................................... 11 11. GUARANTEE................................................................................................11 12. FOSSILS.......................................................................................................12 SECTION V - CONTROL OF MATERIALS................................................................... 12 1. SOURCE AND QUALITY OF MATERIALS ................................................... 12 2. STANDARD STOCK PRODUCTS................................................................ 12 3. TESTS OF MATERIALS............................................................................... 12 GC-i 693 4. STORAGE.....................................................................................................13 5. DEFECTIVE MATERIALS............................................................................. 13 6. FAILURE TO REMOVE DEFECTIVE MATERIALS ...................................... 13 SECTION VI - LEGAL RELATIONS AND RESPONSIBILITY TO PUBLIC ................... 13 1. LAWS TO BE OBSERVED........................................................................... 13 2. PERMITS AND LICENSES........................................................................... 14 3. PATENTED DEVICES, MATERIALS AND PROCESSES ............................ 14 4. SANITARY PROVISIONS............................................................................. 14 5. PUBLIC CONVENIENCE AND SAFETY, BARRICADES, LIGHTS AND WARNING SIGNALS.................................................................................... 15 6. MAINTENANCE OF DRAINAGE AND ACCESS TO MUNICIPAL AND PRIVATE UTILITIES..................................................................................... 15 7. SITES TO BE KEPT CLEAN......................................................................... 16 8. NOISE ELIMINATION................................................................................... 16 9. USE OF EXPLOSIVES................................................................................. 16 10. PROTECTION AND RESTORATION OF PROPERTY ................................. 16 11. EXISTING SURFACE, OVERHEAD AND UNDERGROUND STRUCTURES.............................................................................................. 17 12. MAINTENANCE OF SERVICE IN EXISTING STRUCTURES ...................... 18 13. RAILWAY AND HIGHWAY CROSSINGS..................................................... 18 14. RESPONSIBILITY FOR LABOR, MATERIAL, EQUIPMENT AND DAMAGE CLAIM........................................................................................... 19 15. CONTRACTOR'S RESPONSIBILITY FOR WORK ....................................... 19 16. SAFETY PRECAUTIONS AND ACCIDENT PREVENTION ......................... 19 17. REQUIREMENTS OF CONTRACT BOND ................................................... 20 18. PUBLIC LIABILITY AND PROPERTY DAMAGE INSURANCE .................... 20 19. WORKMEN'S COMPENSATION INSURANCE............................................22 20. COMPLIANCE WITH EXISTING CONTRACTS BETWEEN THE ................. 22 SECTION VII - PROSECUTION AND PROGRESS...................................................... 22 1. SUBLETTING OR ASSIGNMENT OF CONTRACT ...................................... 22 2. PROSECUTION OF WORK..........................................................................22 3. LIMITATIONS OF OPERATIONS................................................................. 23 4. CHARACTER OF WORKMEN AND EQUIPMENT ....................................... 23 5. CONTRACTOR'S RIGHT TO REQUEST CHANGES ................................... 24 6. TEMPORARY SUSPENSION OF WORK.....................................................24 7. SUBSTANTIAL COMPLETION..................................................................... 24 GC -ii 694 8. DETERMINATION AND EXTENSION OF CONTRACT TIME FOR COMPLETION..............................................................................................25 9. FAILURE TO COMPLETE WORK ON TIME ................................................ 25 10. RIGHT OF THE CITY TO DECLARE CONTRACTOR IN DEFAULT............ 26 11. COMPLETION OF THE WORK AFTER DEFAULT ...................................... 27 12. PARTIAL DEFAULT...................................................................................... 28 13. TERMINATION OF CONTRACTOR'S RESPONSIBILITY ............................28 SECTION VIII - MEASUREMENT AND PAYMENT......................................................28 1. MEASUREMENT OF QUANTITIES..............................................................28 2. SCOPE OF PAYMENT................................................................................. 29 3. WORK COVERED BY CONTRACT PRICE .................................................. 29 4. BASIS OF PAYMENT................................................................................... 29 5. PAYMENTS FOR INCREASED OR DECREASED QUANTITIES ................ 29 6. PAYMENT FOR SURPLUS MATERIALS..................................................... 29 7. CLAIMS AND PROTESTS............................................................................ 30 8. PAYMENT FOR UNCLASSIFIED AND FORCE ACCOUNT WORK ............ 32 9. PARTIAL PAYMENTS.................................................................................. 33 10. FINAL PAYMENT.......................................................................................... 33 11. CERTIFICATE OF COMPLIANCE OF MINNESOTA WITHHOLDING TAX.. 34 SECTION IX - MISCELLANEOUS PROVISIONS......................................................... 34 1. NONDISCRIMINATION.................................................................................34 2. GOVERNMENT DATA.................................................................................. 35 3. VENUE AND FORUM................................................................................... 35 4. COUNTERPARTS........................................................................................35 5. ELECTRONIC SIGNATURES....................................................................... 35 6. NOTICES......................................................................................................36 7. SEVERABILITY.............................................................................................36 8. NO WAIVER OF LEGAL RIGHTS................................................................. 36 GC - iii 695 GENERAL CONDITIONS CITY OF GOLDEN VALLEY SECTION I - GENERAL 1. DEFINITIONS When used in the Contract Documents, the intent and meaning of the below listed terms shall be as follows: A. "A.S.T.M." means the American Society for Testing Materials. B. "Bidder" means any individual, firm or corporation submitting a Proposal for the Work contemplated, acting directly or through a duly authorized representative. C. "City" means the City of Golden Valley, Minnesota. D. "Contract" means the entire agreement covering the performance of the Work and the furnishing of materials in the construction. E. "Contractor" means the individual, firm, partnership, corporation or company with which the City contracts and unless otherwise specified, includes subcontractors of Contractor. F. "Contract Bond" means collectively the approved forms of security furnished by Contractor and Contractor's Surety or Sureties as a guarantee of good faith on the part of Contractor to execute and pay for the Work in accordance with the terms of the Contract. G. "Contract Price" means the total amount payable by the City to Contractor, including authorized adjustments, for the performance of the Work under the Contract Documents and is stated in the Agreement. H. "Contract Time" means the period of time, including authorized adjustments, allotted in the Contract Documents for Final Completion of the Work. I. "Engineer" means the City Engineer, or her/his designee. J. "Final Completion" means the stage of construction following Substantial Completion when the Contractor has completed all written corrective measures for damaged or defective Work as determined by the Engineer, and has provided GC-1 .•. all documents required for close out of the Contract as discussed within the Contract Documents. K. "Force Account" means the payment method used for extra work if Contractor and the Engineer are unable to negotiate prices for revised Work. L. "Force Account Work" means work completed on a Force Account basis. M. "Inspector" means an authorized representative of the Engineer, assigned to make any or all necessary inspections of the Work performed and the materials furnished by Contractor. N. "Laboratory" means the testing laboratory that shall be approved by the Engineer to inspect and determine the suitability of materials. O. "Plans" means all approved drawings or reproductions of drawings pertaining to the construction of the Work and appurtenances. P. "Proposal" means the proposal for the Work submitted by the Bidder on the Proposal Form. Q. "Proposal Form" means the approved form on which the Bidder submits its Proposal for the Work contemplated. The Proposal may also be referred to as the bid. R. "Proposal Guarantee" means the security designated in the Proposal to be furnished by the Bidder as a guarantee of good faith to enter into a contract with the City if the Work is awarded to the Bidder. S. "Specifications" means the directions, provisions and requirements contained in the Contract Documents, together with all written agreements made or to be made, pertaining to the method and manner of performing the Work, or to the quantities and qualities of materials to be furnished under the Contract Documents. T. "Substantial Completion" is the stage in the progress of the Work when the Work or a designated portion thereof is sufficiently complete in accordance with the Contract Documents so that the City can occupy or use the Work for its intended purpose. For the avoidance of doubt, unless otherwise agreed, Substantial Completion requires all of the following to be complete: all utility and storm sewer installation (except as noted below), placement of the base course and wear course of bituminous, sidewalk and pedestrian ramps, curb and gutter, driveway pavement, signage, sod, seed, pavement markings and project cleanup. Sanitary sewer lining and wye grouting or wye lining need not be complete to achieve GC-2 697 Substantial Completion; however, all work related to these items shall be completed prior to Final Completion. U. "Surety" is the individual or corporate surety that is bound with and for Contractor for the acceptable performance of the Contract and for its payment of all obligations pertaining to the Work. V. "Unclassified Work" means all work and materials that are not included under any items in the Proposal and Contract, for which a unit price has been submitted. W. The "Work" means the construction and services required by the Contract Documents, whether completed or partially completed, and includes all other labor, materials, equipment, and services provided or to be provided by Contractor to fulfill Contractor's obligations. The Work may constitute the whole or a part of the Project. X. Meaning of expressions - In order to avoid cumbersome and confusing repetition of expressions in these Specifications, whenever it is provided that anything is, or is to be done or is, "contemplated," "required," "directed," "specified," "authorized," "ordered," "given," "designated," "indicated," "considered necessary," "permitted," "suspended," "approved," "acceptable," "unacceptable," "suitable," "unsuitable," "satisfactory," "unsatisfactory," or "sufficient," it shall be taken to mean and intend by or to the Engineer. 2. FAMILIARITY WITH LAWS AND ORDINANCES Contractor is assumed to have made itself familiar with all laws, ordinances and regulations which in any manner affect those engaged or employed in the Work, or the materials or equipment used in or upon the improvement, or in any way affect the conduct of the Work. No plea of misunderstanding will be considered on account of the ignorance thereof. The provisions of such laws or ordinances are deemed to be a part of these Specifications, and Contractor shall be bound by the provisions thereof. SECTION II - AWARD AND EXECUTION OF THE CONTRACT 1. CONSIDERATION OF PROPOSALS Comparison of proposals will be based on the correct summation of item totals, obtained from the Proposal Form. In the case of errors on a Proposal Form, the unit price shall be used to determine the correct total for a bid item. The City reserves the right to award any or all alternate bid items, or any combination thereof, in the best interest of the City. The City reserves the right to reject any or all Proposals and to waive defects or technicalities as it may deem in the best interest of the City. GC-3 .•: 2. EXECUTION OF CONTRACT The individual, firm, partnership, corporation or company to which the Contract has been awarded shall sign the necessary agreements, enter into a contract with the City, and shall return all necessary documents to the office of the City Clerk of Golden Valley within ten (10) days after it has received notice of award. 3. FAILURE TO EXECUTE CONTRACTS Failure to furnish the Contract Bonds in the sum equal to the amount of the award, or to execute the Contract within ten (10) days as specified, shall be just cause for annulment of the award. It shall be understood by the Bidder that, in the event of annulment of the award, the amount of the Proposal Guarantee deposited with the Proposal shall be retained by the City, not as a penalty, but as liquidated damages to compensate the City for additional costs and expenses. SECTION III - SCOPE OF WORK 1. INTENT OF PLANS AND SPECIFICATIONS The intent of the Plans and Specifications is to prescribe the complete Work or improvement that Contractor undertakes to do. The Plans and Specifications shall be read and interpreted in conjunction with the Contract Documents. Unless otherwise provided, it is understood that Contractor shall furnish all labor material, equipment, tools, transportation, necessary supplies and incidentals as may reasonably be required to complete the Work in accordance with the Plans, Specifications and other Contract Documents. The approved Plans are on file in the office of the City Clerk, City of Golden Valley, Golden Valley City Hall, 7800 Golden Valley Road, Golden Valley, Minnesota 55427 and show the location, details and dimensions of the Work. Any deviations from the Contract Documents as may be required during construction shall, in all cases, be determined by the Engineer and authorized in writing by the Engineer before such deviations are consummated. The City may attach addenda to these Specifications, to be filed with such Specifications and incorporated as part thereof, at the office of the City Clerk of Golden Valley. Bidders shall be responsible to examine such Specifications as are on file for addenda before submitting Proposals. 2. INCREASED OR DECREASED QUANTITIES OF WORK The Engineer shall have the sole right to increase or decrease any or all of the items specified in the Contract Documents, including the elimination of any one or more GC-4 ME 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 Contract Documents. Contractor shall proceed promptly with changes in the Work, unless otherwise provided in the Change Order, Construction Change Directive, or order for a minor change in the Work. B. CHANGE ORDERS A Change Order is a written instrument prepared by the Engineer and signed by the City and Contractor stating their agreement upon all of the following: i) The change in the Work; ii) The amount of the adjustment, if any, in the Contract Price; and iii) The extent of the adjustment, if any, in the Contract Time. C. MINOR ALTERATIONS OF PLANS OR CHARACTER OF WORK The Engineer may order minor changes in the Work that are consistent with the intent of the Contract Documents and do not involve an adjustment in the Contract Price or Contract Time. The Engineer's order for minor changes shall be made in writing. If Contractor believes that the proposed minor change in the Work will affect the Contract Price or Contract Time, Contractor shall notify the Engineer and shall GC-5 700 not proceed to implement the change in the Work. If Contractor performs the Work set forth in the Engineer's order for a minor change without prior notice to the Engineer that such change will affect the Contract Price or Contract Time, Contractor waives any adjustment to the Contract Price or extension of the Contract Time. D. ELIMINATION OF WORK Should the City eliminate any Contract items from the Contract, delete any Work, or order termination on a Contract item before completion of that unit, Contractor shall be reimbursed for all costs incurred prior to notification that are not the result of unauthorized work. Compensation will be made on the following basis: i) Accepted quantities of Work completed in accordance with the Contract will be paid for at the Contract prices. ii) For materials that have been ordered but not incorporated in the Work, reimbursement will be made in accordance with the procedure set out for Surplus Material. iii) For partially completed items, accepted Work shall be paid for on the basis of a percentage of the Contract bid price equal to the percentage of actual accomplishment toward completion of the item. In arriving at this percentage, the value of materials incorporated in the partially completed items will be considered to be the actual purchase price of the materials, plus transportation costs, to which will be added fifteen percent (15%) of the sum thereof. Contractor shall also be reimbursed for such actual expenditures for equipment, mobilization, and overhead as the City considers directly attributable to the eliminated work and that are not recovered as part of the direct payment for the Work. Payment for completed Work at the Contract prices and for partially completed Work and materials in accordance with the above provisions, together with such other allowances as are made for fixed costs, shall constitute final and full compensation for the Work related to those Contract items that have been partially or totally eliminated from the Contract. 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. GC-6 701 Any Change Order shall stipulate a unit price or lump sum for the performance of work. Where a change in the Contract Price or Contract Time cannot be agreed upon, the Unclassified Work shall be completed pursuant to a Construction Change Directive and payment shall be made on a Force Account basis. 5. CONSTRUCTION CHANGE DIRECTIVES A Construction Change Directive is a written order prepared by the Engineer directing a change in the Work prior to agreement on adjustment, if any, in the Contract Price or Contract Time, or both. The City may by Construction Change Directive, without invalidating the Contract, order changes in the Work within the general scope of the Contract consisting of additions, deletions, or other revisions, the Contract Price and Contract Time being adjusted accordingly. A Construction Change Directive shall be used in the absence of total agreement on the terms of a Change Order. If the Construction Change Directive provides for an adjustment to the Contract Price, the adjustment shall be made as provided in Section VIII below. If Contractor disagrees with the adjustment in the Contract Price or Contract Time, Contractor may make a Claim in accordance with applicable provisions of Section VIII(6). Upon receipt of a Construction Change Directive, Contractor shall promptly proceed with the change in the Work involved and advise the Engineer of 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, issuance of the Certificate of Final Completion and final payment, Contractor shall remove from the street and adjacent property, all surplus and discarded materials, equipment, rubbish and temporary structures; restore in an acceptable manner all property, both public and private, which has been damaged during the prosecution of the Work; and shall leave the site in a neat and presentable condition subject to the approval of the Engineer. GC-7 702 SECTION IV - CONTROL OF WORK 1. AUTHORITY OF ENGINEER The Engineer shall decide any and all questions which may arise as to (1) the quality and acceptability of materials furnished and Work performed; (2) the manner of performance and rate of progress of the Work; (3) the interpretation of the Plans and Specifications; (4) the acceptable fulfillment of the Contract on the part of Contractor; and (5) the amount and quantity of the several kinds of Work performed and materials furnished under the Contract. 2. CONFORMITY WITH PLANS AND ALLOWABLE DEVIATIONS No deviations from the Plans or the approved working drawings shall be permitted without the written approval of the Engineer. 3. COORDINATION OF PLANS AND SPECIFICATIONS Contractor shall take no advantage of any apparent error or omission in the Plans or Specifications, and the Engineer shall be permitted to make such corrections and interpretations as may be deemed necessary for the fulfillment of the Plans and Specifications. Any work not specified herein or in the Plans, but which may be fairly implied or understood as included in the Contract, shall be completed by Contractor without extra charge. Any ambiguity or discrepancy in the Plans or Specifications shall be adjusted by using the best class of work or materials. In the case of any discrepancy between the scale and figures in the Plans, drawings, etc., the figured dimensions shall govern. In the case of any discrepancy between the quantities shown in the Proposal and those shown in the Plans, the Plans shall prevail. In case any other discrepancy occurs between the Plans and the Specifications, the decision of the Engineer shall be decisive thereon. 4. COOPERATION BY CONTRACTOR The City shall supply Contractor with five copies of the Plans and Specifications. Contractor shall have said Plans and Specifications available at the Project at all times during the prosecution of the Work. Contractor shall give the Work its constant attention to facilitate progress and shall cooperate with the Engineer in setting and preserving stakes, benchmarks, etc., and in all other things that are necessary for satisfactory completion of the Work. Contractor shall have a competent and reliable superintendent acting as 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. GC-8 703 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 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. GC-9 704 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. UNAUTHORIZED WORK Work done without lines and grades, Work done beyond the lines and grades shown on the Plans, or as given, except as herein provided, or any Unclassified Work done without written authority shall be considered unauthorized and at the expense of Contractor and will not be measured or paid for by the City. Work so done may be ordered removed and replaced at Contractor's expense. 9. DEFECTIVE WORK All Work not conforming to the requirements of the Contract Documents shall be considered defective and may be rejected by the Engineer by providing written notice of the defect to Contractor. Contractor shall promptly correct Work rejected by the Engineer or failing to conform to the requirements of the Contract Documents and whether or not fabricated, installed or completed. Costs of correcting such rejected Work, including additional testing and inspections, the cost of uncovering and replacement, and compensation for the 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. GC- 10 705 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. 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 Contractor a written acceptance of such condition. The City shall give such notice promptly after discovery of the condition. If, during the one-year period for correction of Work, the City fails to notify Contractor and give Contractor an opportunity to make the correction, the City waives the right to require correction by Contractor and to make a claim for breach of warranty. If Contractor fails to correct nonconforming Work within a reasonable time after receipt of notice from the City, the City may correct the Work at Contractor's expense. The one-year period for correction of Work shall be extended with respect to portions of Work first performed after Final Completion by the period of time between Final Completion and the actual completion of that portion of the Work. The one- year period for correction of Work shall not be extended by corrective Work performed by Contractor pursuant to this Section. Nothing contained in this Section shall be construed to establish a period of limitation with respect to other obligations Contractor has under the Contract Documents. Establishment of the one-year period for correction of Work as described in this Section relates only to the specific obligation of Contractor to correct the Work, and has no relationship to the time within which the obligation to comply with the Contract Documents may be sought to be enforced, nor to the time within which proceedings may be commenced to establish Contractor's liability with respect to Contractor's obligations other than specifically to correct the Work. GC- 11 706 12. FOSSILS If any fossils or treasure or other unusual or valuable geological formations are found in the process of excavating, such fossils and sample of geological formations shall be carefully preserved by Contractor and given to the Engineer and shall be the property of the City. SECTION V - CONTROL OF MATERIALS 1. SOURCE AND QUALITY OF MATERIALS The source of supply of the materials to be used shall be approved by the Engineer before delivery is started. The approval of the source of any material will stand only so long as the material itself conforms to the Specifications. Only materials conforming to the requirements of these Specifications shall be used in the Work. The source of any materials shall not be changed at any time without the written approval of the Engineer. Contractor may be required, at any time, to furnish a complete statement of the original composition and manufacturer of any or all materials required in the Work, or to submit sample of the same. 2. STANDARD STOCK PRODUCTS All materials, supplies and articles furnished shall, whenever so specified, and otherwise wherever practicable, be the standard stock products of recognized, reputable manufacturers. The standard stock products of manufacturers other than those specified may be accepted when it is proved to the satisfaction of the Engineer that they are equal to or better than the specified products in strength, durability, usefulness and convenience for the purpose intended. Whenever reference is made herein to A.S.T.M. Specifications, it shall be understood that the latest revision of the A.S.T.M. at the time of award of Contract is implied. 3. TESTS OF MATERIALS When tests of materials are necessary, such tests shall be made by and at the expense of the City unless otherwise provided. Contractor shall afford such facilities as the Engineer may require for collecting and forwarding samples, and shall not use the materials represented by the samples until tests have been made and the materials have been found to satisfy the requirements of these Specifications. Contractor shall, in all cases, furnish the required samples without charge. The quantity of materials Contractor must furnish shall be a reasonable amount, deemed by the Engineer, to effectively test such materials to verify compliance with the Specifications and/or meet requirements from non -City funding sources. GC - 12 707 4. STORAGE Materials shall be stored so as to insure the preservation of their quality and fitness for the Work and such materials, even though approved before storage, shall be subject to test, and must meet the requirements of these Specifications at the time it is proposed to incorporate them in the Work. Materials shall be stored in a manner that will facilitate inspections and protect the general public from injury. The portion of the right-of-way not required for public travel may, with the consent of the Engineer, be used for storage purposes, and for the placing of Contractor's plant and equipment, but any additional space required, unless otherwise stipulated, shall be provided by Contractor at its expense. 5. DEFECTIVE MATERIALS All materials not conforming to the requirements of these Specifications shall be considered as defective and all such materials, whether in place or not, will be rejected and shall be removed immediately from the right-of-way unless otherwise permitted by the Engineer. No material that has been rejected - the defects on which have been corrected or removed - shall be used until the 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. 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. GC - 13 708 Contractor and Contractor's Surety shall, indemnify and save harmless the City and all of its officers, agents and servants against any claim or liability arising from or based on the violation of any law, ordinance, regulation or decree, whether by itself or its employees. If Contractor shall discover any provisions in the Plans, Contract, or these Specifications or any direction of the Engineer or Inspector which is contrary to or inconsistent with any such law, ordinance, regulation or decree, Contractor shall immediately report its inconsistency to the Engineer in writing. 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. 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 GC - 14 709 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 ("M M UTCD"). 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 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 GC - 15 710 incurred by the City due to flood conditions, or backing up of sanitary or storm sewers or storm drains caused by the Work. Contractor also agrees to indemnify the City and its agents and employees against claims relating to or arising from any such backups or flooding. 7. SITES TO BE KEPT CLEAN Contractor shall clean and keep clean from waste materials or refuse resulting from its operations, the streets, the Work and public property occupied by Contractor. Equipment not usable on the Work shall be promptly removed and the adjacent premises maintained in a neat and orderly condition at all times. Advertising signs in general will not be permitted at the Project. 8. NOISE ELIMINATION Contractor shall eliminate noise to as great an extent as possible at all times. Air compressing plants shall be equipped with silencers, and the exhausts of all gasoline motors or other power equipment shall be provided with mufflers approved by the Engineer. 9. USE OF EXPLOSIVES If it is necessary to use explosives in the performance of the Work, Contractor shall take out permits and comply with all laws, ordinances and regulations governing same. Contractor shall fully protect all completed Work as well as all overhead, surfaces or underground structures and shall be liable for any damage done to the Work or other structures on public or private property and injuries sustained by persons by reason of the use of explosives in 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 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 GC - 16 711 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 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. GC - 17 712 Contractor shall not claim or be entitled to receive compensation for any damages sustained by reason of the inaccuracy of the omission of any of the information given on the drawings relative to the surface, overhead or underground structures or by reason of Contractor's failure to properly protect and maintain such structures. Contractor shall exercise extreme care in crossing, or working adjacent to, all utilities and shall be responsible to protect and maintain their operation during the Work. Contractor shall restore, at its expense, any public structures such as, including but not limited to, water mains, water connections, and appurtenances, sewers, manholes, catch basins, culverts, and sewer connections which are damaged or injured in any way by Contractor's acts or the acts of its employees, agents or subcontractors. Contractor shall indemnify and save harmless the City from any suit, claim, demand or expense, including attorneys' fees and costs, brought for or on account of any damage, maintenance, removal, replacement, or relocation of mains, conduits, pipes, poles, wires, cables or other structures of private utility firms or corporations whether underground or overhead, that may be caused or required by Contractor during the Work. However, in cases involving an overhead or underground privately owned utility installed and located in accordance with a permit issued by the City, if, in the opinion of the Engineer, the relocation of said utility is required to facilitate the Work, the City shall provide for such relocation, to the extent allowed under the permit or applicable law. 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. GC - 18 713 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. 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 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. GC - 19 714 17. REQUIREMENTS OF CONTRACT BOND The successful Bidder, at the time of the execution of the Contract, shall furnish, and at all times, maintain a satisfactory and sufficient PERFORMANCE BOND AND PAYMENT BOND, each in the full amount of the Contract, as required by law, with Sureties satisfactory to the City. The form of the Contract Bond is that required by Statute. Personal Sureties will not be approved. The Contract Bond shall be acknowledged by both principal and Surety, and the execution thereof witnessed by two witnesses as to each party. Minnesota Statutes, Chapter 13, requires that the City make all payment and performance bonds available for inspection and copying upon request. All claims on Contractor's Bonds shall be brought in accordance with the requirements of Minnesota Statutes Chapter 574. 18. PUBLIC LIABILITY AND PROPERTY DAMAGE INSURANCE Contractor shall purchase and maintain, at Contractor's own cost and expense, insurance of the types and limits of liability, containing endorsements and subject to the terms and conditions described herein and in the Contract Documents, including but not limited to property damage and public liability coverage. The City shall be named as an additional insured under Contractor's policies of insurance. The policies of insurance shall indemnify the City and all of its officers, agents, consultants and employees, from all property or personal injury claims. Contractor shall not commence the Work until it has obtained all the insurance described below, provided proof of such coverage to the City, and the City has approved Contractor's insurance. All policies and certificates shall provide that the policies shall remain in force and effect throughout the term of the Contract. A. Policy Requirements i) Worker's Compensation Insurance: a. Statutory Compensation Coverage: b. Coverage B — Employer's Liability with limits of not less than: 1. $100,000 Bodily Injury per Disease per Employee 2. $500,000 Bodily Injury per Disease Aggregate 3. $100,000 Bodily Injury by Accident ii) Automobile Liability Insurance: a. Minimum Limits of Liability: 1. $2,000,000 — Per Occurrence — Bodily Injury and Property Damage Combined Single Limit b. Coverages: X Owned Automobile, if any X Non -Owned Automobile GC-20 715 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 and non-contributory to any other valid and collectible insurance available to the City with respect to any claim arising out of this Contract, and shall provide the City with thirty (30) days advance written notice of cancellations, non -renewals or reduction in limits or coverage or other material change. Contractor is responsible for payment of insurance deductibles. If Contractor is self - insured, a Certification of Self -Insurance must be attached. Insurance companies must have an "AM Best" rating of A-, class V or better, and be authorized to do business in the State of Minnesota and must be satisfactory to the City. Each subcontractor shall furnish property damage and public liability insurance that complies with all of the requirements stated, except as to amounts. Subcontractors shall furnish property damage insurance and public liability insurance in amount proportionate to their respective subcontracts, but such amounts shall be satisfactory to the Engineer. GC-21 716 19. WORKMEN'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. 20. COMPLIANCE WITH EXISTING CONTRACTS BETWEEN THE CITY OF GOLDEN VALLEY AND OTHERS Contractor shall familiarize itself with all terms and provisions of contracts between the City of Golden Valley and the City of Minneapolis in regards to wholesale purchase of potable water; and with the Cities of Crystal and New Hope for the storage distribution of potable water as may apply. Contractor shall similarly familiarize itself with other contracts between the City of Golden Valley and other municipalities, firms, corporations, or individuals relating in any manner whatsoever to the subject matter of this Contract and shall conform to all of the requirements of said contracts and shall do nothing which shall violate any of the provisions or conditions imposed upon the City. SECTION VII - PROSECUTION AND PROGRESS 1. SUBLETTING OR ASSIGNMENT OF CONTRACT Contractor shall not sublet, sell, transfer, assign or otherwise dispose of the Contract or any portion thereof, or of the Work, or of 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 the Work shall be given to the City at least five (5) days in advance of beginning the Work. Such starting time shall be within ten (10) calendar days after the date of receipt by Contractor of written notice to proceed. The official starting time shall be taken as the date on which Contractor is notified in writing by the Engineer that Contractor has fulfilled all preliminary requirements of GC-22 717 the City. The official Contract Time shall be in accordance with the Special Conditions. Should the prosecution of the Work be discontinued temporarily by Contractor for any reason, Contractor shall notify the Engineer at least twenty-four (24) hours before again resuming operations and shall not resume operations until it receives written approval from the Engineer. Unless otherwise provided for elsewhere in these Specifications, Contractor shall notify the City of the location at which Contractor intends to begin operations. The Engineer shall have the right to change the point of beginning or the points of operation of Contractor's work force. The Work shall be prosecuted in such manner as to ensure its completion within the Contract Time. In case of failure to prosecute the Work in such a manner as to ensure its completion within the Contract Time, the Engineer shall have the right to require Contractor to place in operation such additional force and equipment as are deemed necessary by the Engineer. 3. LIMITATIONS OF OPERATIONS In case of a dispute arising between two or more Contractors engaged on the same work as to the respective rights or each under these Specifications, the Engineer shall determine the matters at issue and shall define the respective rights of the various interests involved in order to secure the completion of all parts of the Work in harmony and with satisfactory results. Any such decisions by the Engineer shall be final and binding on all parties and shall not in any way give rise to or provide a basis for a claim for extra compensation by any of the parties. 4. CHARACTER OF WORKMEN AND EQUIPMENT Contractor shall employ such superintendents, foremen and workmen 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 Workmen'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 GC-23 718 and have the authority to obtain equipment and manpower as needed to complete the Work. All directions given to the superintendent shall be as binding as if they were given to Contractor. All machinery and equipment owned or controlled by Contractor which is proposed to be used by Contractor on the Work shall be of sufficient size and in such mechanical condition as to meet with the requirements of the Work and to produce a satisfactory quality of work. When so ordered by the Engineer, in writing, unsatisfactory equipment shall be removed and replaced with equipment which will satisfactorily perform the Work. No change in the machinery and equipment employed on the Project that has the effect of decreasing its capacity shall be made except by written permission of the Engineer. The measure of the capacity of machinery and equipment shall be its actual performance of the Work. Failure of Contractor to provide adequate equipment may result in the annulment of the Contract as hereinafter provided. 5. CONTRACTOR'S RIGHT TO REQUEST CHANGES If Contractor discovers, prior to or during construction anything in the Plans or Specifications or in the supplementary directions issued by the Engineer which, in the opinion of Contractor, appears to be faulty engineering or design, Contractor shall immediately advise the Engineer in writing of 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. SUBSTANTIAL COMPLETION When Contractor considers that the Work, or a portion thereof which the City agrees to accept separately, is substantially complete, Contractor shall prepare and submit to the Engineer a comprehensive list of items to be completed or corrected prior to final payment. Failure to include an item on such list does not alter the responsibility of Contractor to complete all Work in accordance with the Contract Documents. GC-24 719 Upon receipt of Contractor's list, the Engineer or the Inspector shall inspect the Work to determine whether it is substantially complete. If the inspection discloses any item, whether or not included on Contractor's list, which is not sufficiently complete in accordance with the Contract Documents so that the City can occupy or utilize the Work or designated portion thereof for its intended use, Contractor shall, before issuance of the Certificate of Substantial Completion, complete or correct such item. In such case, Contractor shall then submit a request for another inspection by the Engineer to determine Substantial Completion. When the Work or designated portion thereof is substantially complete as determined by the Engineer, the Engineer shall prepare a Certificate of Substantial Completion that shall establish the date of Substantial Completion; establish responsibilities of the City and Contractor for security, maintenance, damage to the Work and insurance; and fix the time within which Contractor shall finish all items on the list accompanying the Certificate. Warranties required by the Contract Documents shall commence on the date of Substantial Completion of the Work or designated portion thereof unless otherwise provided in the Certificate of Substantial Completion. The Certificate of Substantial Completion shall be submitted to the City and Contractor for their written acceptance of responsibilities assigned to them in the Certificate. Upon such acceptance, and consent of surety if any, the City shall make payment of retainage applying to the Work or designated portion thereof. Such payment shall be adjusted for Work that is incomplete or not in accordance with the requirements of the Contract Documents. 8. DETERMINATION AND EXTENSION OF CONTRACT TIME FOR COMPLETION Contractor shall perform fully, entirely, and in an acceptable manner, the Work contracted for within the time stated in the Contract. If Contractor finds that it will be impossible to complete the Work on or before the Contract Time, Contractor shall request an extension of the Contract Time as set forth in Section 4 of the Special Conditions. In case such extension is not granted, the right to proceed with the Work may be considered as forfeited as of the Contract Time, including all agreed upon adjustments, and the City, without violating the Contract, may proceed immediately to take over the Work, materials and equipment and make final settlement of costs incurred as provided for in Paragraph 7 below, except that it shall not be necessary to give Contractor written ten (10) days' notice for such forfeiture. 9. FAILURE TO COMPLETE WORK ON TIME Should Contractor fail to complete the Work on or before the Contract Time, taking into consideration all agreed upon extensions, the City may permit Contractor to GC-25 720 proceed and there shall be deducted from any monies due or that may become due Contractor the amount agreed upon as liquidated damages under section 4 the Special Conditions of the Agreement. Liquidated damages shall continue to accrue until the unfinished Work is completed whether Contractor finishes the Work or the Work is finished by an alternate contractor. Permitting Contractor to continue and finish the Work or any part of it after the Contract Time, or after the date to which the Contract Time may have been extended, shall in no way operate as a waiver on the part of the City of any of its rights. Neither by the taking over of the Work by the City, nor by the annulment of the Contract, shall the City forfeit the right to recover liquidated damages from Contractor or Contractor's Surety for failure to complete the Contract. 10. RIGHT OF THE CITY TO DECLARE CONTRACTOR IN DEFAULT In addition to those instances specifically referred to in the Contract Documents, the City shall have the right to declare Contractor in default of the whole or any part of the Work if: A. Contractor becomes insolvent; B. Contractor makes an assignment for the benefit of creditors pursuant to the Statutes of the State of Minnesota; C. A voluntary or involuntary petition in bankruptcy be filed by or against Contractor; D. Contractor fails to commence work when notified to do so by the Engineer; E. Contractor shall abandon the Work; F. Contractor shall refuse to proceed with the Work when and as directed by the Engineer; G. Contractor shall, without just cause, reduce its working force to a number which, if maintained would be insufficient, in the opinion of the Engineer, to complete the Work in accordance with the approved progress schedule, and shall fail or refuse to sufficiently increase such working force when ordered to so by the Engineer; H. Contractor shall sublet, assign, transfer, convey or otherwise dispose of this Contract other than as herein specified; I. A receiver or receivers are appointed to take charge of Contractor's property or affairs; J. The Engineer shall be of the opinion that Contractor is or has been knowingly, willfully or in bad faith, violating any of the provisions of this Contract; K. The Engineer shall be of the opinion that Contractor is or has been unnecessarily, unreasonable or willfully delaying the performance and completion GC-26 721 of the Work, or the award of a necessary subcontract or the placing of necessary material or equipment orders; L. The Engineer shall be of the opinion that the Work cannot be completed within the Contract Time, taking into consideration all agreed upon amendments to the Contract Time; provided, however, that the impossibility of timely completion is, in the Engineer's opinion, attributable to conditions within Contractor's control; M. The Engineer shall be of the opinion that Contractor is not or has not been executing the Contract in good faith and in accordance with its terms; or N. The Work is not completed within t within the Contract Time, taking into consideration all agreed upon amendments to the Contract Time. Before the City shall exercise its right to declare Contractor in default by reason of the conditions set forth in items numbered 1, 4-7, 10-13, or 14, it shall give Contractor an opportunity to be heard, on two days' notice, at which hearing Contractor may have a stenographer present; provided, however, that a copy of such stenographic notes, if any, shall be furnished to the City. The right to declare in default for any of the grounds specified or referred to above shall be exercised by sending Contractor a notice, signed by the Engineer, setting forth the grounds upon which such default is declared. Upon receipt of such notice, Contractor shall immediately discontinue all further operations under this Contract and shall immediately quit the site, leaving untouched all plant, materials, equipment, tools and supplies then on the site. 11. COMPLETION OF THE WORK AFTER DEFAULT The City, after declaring Contractor in default, may then have the Work completed by such means and in such manner, by contract with or without public letting or otherwise, as it may deem advisable, utilizing for such purpose such of Contractor's plant, materials, equipment, tools, and supplies remaining on the site, and also such subcontractors as it may deem advisable. After such completion, the Engineer shall make a certificate stating the expense incurred in such completion, which shall include the cost of re -letting and also the total amount of liquidated damages (at the rate provided for in the Specifications) from the date when the Work should have been completed by Contractor in accordance with the Contract Documents to the date of actual completion of the Work. Such certificate shall be binding and conclusive upon Contractor in accordance with the terms hereof to the date of actual completion of the Work. Such certificate shall be binding and conclusive upon Contractor, 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 GC-27 722 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 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 of the Work. SECTION VIII - MEASUREMENT AND PAYMENT 1. MEASUREMENT OF QUANTITIES Measurement of all Work acceptably completed will be made in accordance with the system in which the Contract is let, either U.S. Standard or International System (metric). Such measurements will be used as a basis for the computation of the quantities of Work performed. Quantities designated to be measured by linear units will be taken horizontally. Where Work is to be paid for by units of length, area, volume or mass, only the net amount of Work actually performed, as it shall appear in the finished Work and measured as hereinafter specified shall be paid for, local customs to the contrary notwithstanding. Calculation of area quantities where the computation of the areas by geometric methods would be comparatively laborious, it is stipulated and agreed that the City's computer aided drafting system shall be used as the method of measurement. GC-28 723 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 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 of these General Conditions, and in the detail Specifications for each class of Work. 6. PAYMENT FOR SURPLUS MATERIALS Payment for materials that have been ordered in furtherance of the Work, but that are not to be used because (1) of cancellation of the Contract or a portion thereof; (2) of an order to terminate the Work before completion of the entire unit; or (3) the quantity ordered by the Engineer was in excess of the quantity needed, will be made in accordance with this section, unless Contractor or one of Contractor's suppliers elects to take possession of the surplus material without expense to the City. Payment for surplus materials that have been purchased and shipped or delivered to the Project will be made at the Contract bid price when the pay item covers the furnishing and delivering of the material only. GC-29 724 When the Contract bid price covers the furnishing and placing of the material, the City will take possession of the surplus materials that have been purchased and shipped or delivered to the Project, or will order the material returned to the supplier for credit and will pay the Contractor the actual purchase price of the material plus transportation costs, to which will be added fifteen percent (15%) of the total thereof, and from which will be deducted any credits received by the Contractor for materials returned. Materials that have been ordered but have not been consigned for shipment shall be paid for upon delivery the same as materials in transit or delivered only when the supplier is unwilling to cancel or modify the order such as in the case of materials requiring special manufacture, fabrication, or processing so as to be unsuitable for general use. In no case shall payment for surplus materials exceed the Contract Price for the materials complete in place. Contractor shall furnish invoices or an affidavit showing the purchase price and transportation charges on materials to be taken over by the City. Surplus materials that are taken over by the City shall be delivered to the storage sites designated by the Engineer. Except as above provided, no payment shall be made to Contractor for any materials that are not incorporated in the Work. Materials shall be ordered in the quantities needed unless a specific quantity is to be furnished by direct order of the Engineer. 7. CLAIMS AND PROTESTS A. General A Claim is a demand or assertion by one of the parties seeking, as a matter of right, payment of money, a change in the Contract Time, or other relief with respect to the terms of the Contract. The term "Claim" also includes other disputes and matters in question between the City and Contractor arising out of or relating to the Contract. The responsibility to substantiate Claims shall rest with the party making the Claim. This Section does not require the City to file a Claim in order to impose liquidated damages in accordance with the Contract Documents. B. Time Limit on Claims The City and Contractor shall commence all Claims and causes of action against the other and arising out of or related to the Contract, whether in contract, tort, breach of warranty or otherwise, in accordance with the requirements of this Section and within the period specified by applicable law, but in any case not more than one year GC-30 725 after the date of Substantial Completion of the Work. The City and Contractor waive all Claims and causes of action not commenced in accordance with this Section. C. Notice of Claims Claims by either the City or Contractor shall be initiated by notice to the other party and shall be initiated within ten (10) days after occurrence of the event giving rise to such Claim or within ten (10) days after the claimant first recognizes, or reasonably should have recognized, the condition giving rise to the Claim, whichever is later. Any Claim not made within ten (10) days shall be deemed waived. D. Continuing Contract Performance Pending final resolution of a Claim, except as otherwise agreed in writing, Contractor shall proceed diligently with performance of the Contract and the City shall continue to make payments in accordance with the Contract Documents. The Contract Price and Contract Time shall be adjusted in accordance with the resolution of the Claim, subject to the right of either party to proceed in accordance with this section. E. Claims for Additional Cost If Contractor wishes to make a Claim for an increase in the Contract Price, notice as provided in Subsection 1 C above shall be given before proceeding to execute the portion of the Work that is the subject of the Claim. Prior notice is not required for Claims relating to an emergency endangering life or property. F. Claims for Additional Time If Contractor wishes to make a Claim for an extension of the Contract Time, Contractor shall request an extension as set forth in Section 4 of the Special Conditions. G. Mediation Claims, disputes, or other matters in controversy arising out of or related to the Contract, except those waived as provided for in the Contract Documents, shall be subject to mediation as a condition precedent to commencement of litigation. The parties shall endeavor to resolve their Claims by mediation which shall be administered by a mediator mutually agreed upon by the parties. A request for mediation shall be made in writing, delivered to the other party to the Contract and shall be completed within ninety (90) days from the date the request for mediation was delivered to the other party. The parties shall share the 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. GC-31 726 8. PAYMENT FOR UNCLASSIFIED AND FORCE ACCOUNT WORK Unclassified Work authorized by the Engineer, will be paid for at a unit price, lump sum or on a Force Account basis. All Force Account Work shall be paid for in the following manner: A. For all labor and foremen in the direct charge of the specific Work, Contractor will receive the actual wages paid for each and every hour that said labor and foreman are actually engaged in such Work, plus the cost of bond, insurance and taxes, to which cost shall be added twenty (20) percent of the sum thereof. No charge shall be made by Contractor for organization or overhead expense. B. For all materials used, Contractor will receive the actual cost of such materials including freight charges as shown by original receipted bills, to which cost shall be added ten (10) percent of the sum thereof. Where materials are specifically purchased for use on Unclassified Work but are taken from Contractor's stock, Contractor shall submit an affidavit of the quantity, price and freight on such materials in lieu of original bills and invoices. This affidavit shall be approved by the Engineer. C. For any machinery, trucks or equipment, including fuel and lubricants, which it may be deemed necessary or desirable to use, Contractor will receive a reasonable rental price, to be agreed upon in writing before such Work is begun, for each and every hour that said machinery, trucks and equipment are in use on such Work, and to which sum no percentage will be added. Such rental price shall not exceed the rates established by the A.G.C. for this district. The compensation as herein provided shall be received by Contractor as payment in full for Unclassified Work done by Force Account and said twenty (20) percent for labor and said ten (10) percent for materials shall be agreed to cover profit, superintendence, general expense, overhead, and the use of small tools and equipment for which no rental is allowed. Contractor or 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 GC-32 727 estimates until Contractor's refusal or failure is eliminated, or, after giving Contractor due notice, the City may make payment for said Work on a basis of a reasonable estimate of the value of the Work performed. 9. PARTIAL PAYMENTS Unless payments are withheld by the City for reasons herein before stated, payment will be made at least once a month on a basis of ninety-five (95) percent of the Work done, provided that the Work is progressing to the satisfaction of the Engineer; provided further, however, that when ninety-five (95) percent or more of the Work is completed, the City, in its sole discretion, may determine that something less than five (5) percent need be retained to protect the City's interest in satisfactory completion of the Contract. Monthly estimates may include the value of acceptable materials required for the Work, which have been delivered to the Project, and for which acceptable provisions have been made for the preservation and storage. From the total value of the materials so reported, five (5) percent shall be retained. Such material, when so paid for by the City, shall become the property of the City and in the event of default on the part of Contractor, the City may use or cause to be used such materials in the construction of the Work provided for in the Contract. The amount thus paid by the City for materials shall go to reduce estimates due Contractor as the materials are used in the Work. Minnesota Statutes, Sections 337.10, subd. 3 and 471.425, subd. 4a, requires that Contractor pay any subcontractors within ten (10) days after receipt of payment from the City for undisputed services provided by the subcontractor. Contractor shall provide proof to the City of payment to subcontractors in the form of check copies or receipts. If Contractor fails to make payments to subcontractors for undisputed Work, Contractor shall pay interest of one and one-half percent (1-1/2%) per month of any amounts not paid on time to subcontractors, with a minimum monthly interest penalty payment of ten dollars ($10). No release of any retained percentage will be made without the written approval of the Surety or Sureties, which approval shall be obtained by Contractor. Any such release may be optional with the City. 10. FINAL PAYMENT Upon receipt of Contractor's notice that the Work is ready for final inspection and acceptance, the Engineer shall promptly make such inspection as provided in section IV(10) of these General Conditions. When the Engineer finds the Work acceptable under the Contract Documents and the Contract fully performed, the Engineer will prepare a final estimate containing complete quantities of each and every item of Work performed by Contractor, and the value thereof (the "Final Pay Estimate"). Upon acceptance of the Final Pay Estimate by Contractor, the Engineer will (i) issue a Certificate of Final Completion; (ii) forward the Certificate of Final GC-33 728 Completion and Final Pay Estimate to the City Finance Director for payment; and (iii) notify Contractor and Contractor's Surety or Sureties of the acceptance of the Work. The date of Final Completion of the Contract shall be the date on the Certificate of Final Completion and the action of the City by which Contractor is bound and the Contract concluded shall be evidenced by the Certificate of Final Completion and Final Payment. All prior certificates or estimates upon which payments may have been made are merely partial estimates and subject to correction in the final payment. 11.CERTIFICATE OF COMPLIANCE OF MINNESOTA WITHHOLDING TAX Final payment will not be made until Contractor shall have filed with the City evidence, in the form of an affidavit, lien waiver or such other evidence as may be required, that all claims against Contractor by reason of the Contract have been fully paid or satisfactorily secured. In case such evidence is not furnished, the City may retain out of any amount due said Contractor sums sufficient to cover all Iienable claims unpaid. Before final payment is made for the Work on this project, Contractor must make a satisfactory showing that it has complied with the provisions of Minnesota Statutes Section 290.92 requiring the withholding of State Income Tax for wages paid employees on this project. Receipt by the City Engineer of a Certificate of Compliance from the Commissioner of Taxation will satisfy this requirement. Contractor is advised that before such Certificate can be issued, Contractor must first place on file with the Commissioner of Taxation an affidavit, in the form of an IC- 134, that Contractor has complied with the provisions of Minnesota Statutes Section 290.92. SECTION IX - MISCELLANEOUS PROVISIONS 1. NONDISCRIMINATION. Contractor agrees: A. That it shall not, in the hiring of labor or employees for the performance of any work under this Agreement, by reason of any race, creed, color, national origin, sex, gender identity, sexual orientation, or disability discriminate against any person who is qualified and available to perform the Work; B. That it shall not, in any manner, discriminate against, intimidate or prevent the employment of any person identified in clause (a) of this section, or on being hired, prevent or conspire to prevent, the person from the performance of any GC-34 729 work under this Agreement on account of the persons race, creed, color, national origin, sex, gender identity, sexual orientation, or disability; and C. That it shall not intentionally refuse to do business with, refuse to contract with, or discriminate in the terms, conditions, or performance of any agreement related to the Work to be performed under this Agreement because of a person's race, creed, color, national origin, sex, gender identity, sexual orientation, or disability, unless the alleged refusal is because of a legitimate business purpose. 2. GOVERNMENT DATA. Contractor acknowledges that, to the extent this Agreement requires Contractor to perform a government function, all of the data created, collected, received, stored, used, maintained or disseminated by Contractor in performing government functions is subject to the requirements of the Minnesota Government Data Practices Act (Minn. Stat. § 13.01 et. seq. the "MGDPA"), except to the extent the data is privileged pursuant to an exception to or exclusion from the MGDPA, and that Contractor must comply with the MGDPA as if Contractor were a government entity, including the remedies in Minn. Stat. §13.08, subject to any other appropriate exception to or exclusion from the MGDPA. Contractor agrees to promptly notify the City of any request for data that Contractor receives related to this Agreement. 3. VENUE AND FORUM. This Agreement shall be interpreted in accordance with Minnesota law and any suit or litigation between the parties arising out of this Agreement shall be filed, tried and litigated only in Hennepin County District Court in the state of Minnesota. 4. COUNTERPARTS. This Agreement may be executed in any number of counterparts, including electronically. Each counterpart constitutes an original and all counterparts collectively constitute one and the same instrument. The signatures of the parties need not appear on the same counterpart. 5. ELECTRONIC SIGNATURES. Except as otherwise stated herein, documents executed, scanned and transmitted electronically and electronic signatures shall be deemed original signatures for purposes of this Agreement and all related matters. All scanned and electronic signatures shall have the same legal effect as original signatures. This Agreement, any other document necessary for the consummation of the transaction contemplated by this Agreement may be accepted, executed or agreed to through the use of an electronic signature in accordance with the Uniform Electronic Transactions Act, Minnesota Statutes Chapter 325L. Any document accepted, GC-35 730 executed or agreed to in conformity with such laws will be binding on each party as if it were physically executed. 6. NOTICES. Any notices or communications required or permitted by this Agreement must be (i) given in writing; and (ii) personally delivered, mailed, by prepaid certified mail, or transmitted by facsimile or electronic mail transmission (including email or PDF), to the intended party at the mailing address or email address of such party as follows: To City: To Contractor: City of Golden Valley Attn: Jeff Oliver 7800 Golden Valley Road Golden Valley, MN 55427 ioliver(a�goldenvalleym n.gov 7. SEVERABILITY If any term or provision of the Contract Documents shall be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby and such provision shall be ineffective only to the extent of such invalidity, illegality or unenforceability. 8. NO WAIVER OF LEGAL RIGHTS Duties and obligations imposed by the Contract Documents and rights and remedies available thereunder shall be in addition to and not a limitation of duties, obligations, rights, and remedies otherwise imposed or available by law. No action or failure to act by the City, or Engineer shall constitute a waiver of a right or duty afforded them under the Contract, nor shall such action or failure to act constitute approval of or acquiescence in a breach thereunder, except as may be specifically agreed upon in writing. GC-36 731 732 APPENDICIES Appendix A - Technical Specifications and Planting Details for Furnishing and Installation of Trees and Shrubs Appendix B - Construction Striper Operations Daily Log Appendix C - Asbestos and PCB Information Sheets Appendix D - Erosion Control Inspection Form Appendix E - Accessibility, Design, Policy and Implementation Manual for Public Rights -of -Way Appendix F - Sewer/Water Utility — Tracer Wire Specification Appendix G - Online Bidding Instructions 733 734 Appendix A Technical Specifications and Planting Details for Furnishing and Installation of Trees and Shrubs 735 736 TECHNICAL SPECIFICATIONS AND PLANTING DETAILS FOR FURNISHING AND INSTALLATION OF TREES AND SHRUBS GENERAL: Requirements of the Conditions of the Contract and General Conditions of these Specifications apply to all work under this section. GENERAL PROVISIONS I»_1►1r►AI_V9:4GU_1I A. Nursery stock shall meet the American Standard for Nursery Stock, ANSI- Z60.1 latest edition, of the American Association of Nurserymen, as to grading and quality. All plant material shall be labeled true to type and name in accordance with the standardized plant names. B. All plant material shall be nursery grown, freshly dug, true to natural form, well branched, self-supporting with one straight, original terminal leader intact. C. All plant material shall be free of insect infestations, and shall have been grown under climatic conditions as specified in the planting detail. D. All plant material shall be of the size no less than as indicated on the plant material list, and have been root pruned or transplanted once between October 1989 and December 1993. E. All plant material shall be inspected and selected by the City Forester at the place of growth and upon delivery for conformity to Specification requirements. Such approval shall not impair the right of inspection and resection during the installation process. 2. DIGGING AND HANDLING A. All trees shall be adequately balled in burlap (BB) in sizes as specified in the planting detail. Trees with loose, broken or manufactured balls will be rejected. B. Balled in burlap (BB) plants that cannot be planted immediately on delivery shall be set on unfrozen ground, and be well protected with soil, hay, mulch, wood chips or other acceptable material. Plant materials which are stored at the site and which have excessively dry tops and root balls, or frozen root balls, shall be rejected and replaced. S:\FJ\G\Goldv\Common\city cadd stds rev 1_24_08\City Standard Specs\Appendix Informaton\Apx A Trees.doc 1 737 3. PLANTING (also see planting details) A. Locations - Before any excavation is to begin, the City Forester shall stake locations of all plantings. The Contractor will be furnished with a plan indicating the species to be planted and their locations. B. Backfill Soil - Use soil excavated from planting holes. Remove all debris including rocks larger than 3" in diameter. All Backfill soils replaced around the planting ball shall be well compacted, or the Contractor will be asked to return and complete the job. C. Root Collar - Remove all materials used to secure the root ball/basket to the root collar (see planting detail). D. Mulch Material - Mulch for all trees and shrub beds shall be processed shredded hardwood mulch, free from any soil, twigs, leaves, rock, weeds and synthetic matter (see mulching detail for requirements). E. Watering Guidelines - All plant materials must be watered in at the time of planting by the Contractor, and according to the following guidelines. Plant Type Average amount of water per application (gallons) Machine Transplanted Trees 50-100 (25" caliper +) Balled and Burlap Trees 20 Balled and Burlap Shrubs 10 Container Shrubs 7 F. Tree Wrapping - When planting in fall, wrap all smooth -barked tree trunks up to the first functional crotch with wrapping material specifically designed and manufactured for horticultural use. G. Tree Pruning - Prune plants only at time of planting, and according to standard horticulture practice, to preserve the natural character and branch structure of the plant. Remove all dead or broken branches and competing terminal branches at time of planting. Also, remove any identification labels. H. Tree Staking - No plant materials shall be staked unless specifically approved by the City Forester. If all planting guidelines are followed correctly, tree staking will not be necessary. If a tree leans or rotates in its planting bed during the warranty period, the Contractor will replant the tree by the end of the warranty period. Planting Beds - All planting beds to be mulched will be marked by the City Forester. City crews will remove the sod in these areas prior to planting and edging. V 738 4. MAINTENANCE Maintenance shall begin immediately after planting begins, and shall continue in accordance with the following requirements. A. All plant materials shall be protected and maintained until November 15 of the year following the initial planting. B. Maintenance shall include, but not be limited to; watering, cultivating, mulching, removal of dead material and re -setting plants to proper depth or upright positions. Any damage to adjoining landscaping shall be the responsibility of the Contractor, and shall be repaired or replaced to the City Forester's satisfaction with no additional compensation. 5. ACCEPTANCE OF WORK A. Prior to the end of the guarantee period, the City Forester will make an inspection of the Project and notify the Contractor of any dead, defective or missing plants that must be replaced, and as to any other work that must be performed prior to acceptance. Replacements may not be required where, in the opinion of the Forester, the planting design is not adversely affected. Dead or defective plants shall be removed and replaced where so ordered. B. Where replacements are required, the Contractor will be ordered to furnish and install the replacement plants immediately, or at the beginning of the next planting season, as the Forester considers most appropriate. As a condition for acceptance of this work, plant maintenance operations shall not be past due at the time of the final inspection. 6. PLANT GUARANTEE AND REPLACEMENT A. Guarantee plant material for two full years minimum, and not less than two continuous growing seasons from time of installation. B. At the end of the guarantee period, an inspection will be made. Any tree installed under this Contract that is dead or does not meet the standard plant material guidelines shall be removed. These and any trees missing shall be replaced as soon as conditions permit, but during the normal planting season (see planting detail). In the case of any questions regarding the marginal condition and/or satisfactory establishment of an individual tree, the City may elect to allow such tree to remain through another complete growing season at which time the tree, if found to be dead or in an unhealthy or badly impaired condition, shall be replaced. C. All replacements shall be trees of the same kind and size as specified in the specification list. Trees larger than those specified may be substituted upon approval of the City Engineer. They shall be furnished and replaced as specified in the Contract; the cost shall be borne by the Contractor. S:\FJ\G\Goldv\Common\city cadd stds rev 1_24_08\City Standard Specs\Appendix Informaton\Apx A Trees.doc 3 739 This Page Left Blank Intentionally 740 Appendix B Construction Striper Operations Daily Log 741 742 Construction Striper Operations Daily Log Mn/DOT District County City I S.P. Route Designation Route Number *Beginning M.P. *Ending M.P. Mn/DOT Proj. Contact Mn/DOT Proj. Contact # Location Description Date Striped Contractor Striper ID I Striper Operator Striper Operator Contact # *Mile Post Reference (NOT Station) are required for each form and should reference actual striping not just project limits Materials ❑ Latex I ❑ Epoxy ❑ Poly -Preform ❑ Thermoplastic ❑ Other Material( ) ❑ Wet Reflective (wR) Supplier Product Lot # White-Gallons/Mils / Supplier Product Lot # Yellow-Gallons/Mils / Supplier Product Lot # Other ( ) Gal/Mils / Beads Supplier Product Lot # Beads = lbs (wR)Beads Supplier (wR)Product (wR)Lot # (wR)Beads lbs Environmental Information ❑ Bit I ❑ Concrete I ❑ Sealcoat I ❑ Microsurface I ❑ Other Surface (Specify) ❑ Rumble strip Road Surface Age ❑ Old ❑ New (Includes Milled Surfaces) ❑ Inlaid I ❑ Ground -In I ❑ Grooved Depth Mils ❑ Other Placement Method (Specify) I Ambient Temp ff) Surface Temp ff) Humidity (%) Dew Point ff) Wind Direction/Speed / Sunny/Cloudy/Mix Longitudinal Lines Quantity (ft) Quantity (ft) Quantity (ft) ❑ 4" Solid White ❑ 4" Solid Yellow ❑ 8" Dotted White ❑ 6" Solid White ❑ 4" Double Solid Yellow ❑ 7" Broken White ❑ 8" Solid White ❑ 6" Solid Yellow ❑ 7" Dotted White ❑ 12" Solid White (1) ❑ 24" Solid Yellow (3) ❑ I I" Broken White ❑ 24" Solid White (2) ❑ 7" Solid Yellow ❑ I I" Dotted White ❑ 36" Solid White ❑ 4" Broken White ❑ 4" Broken Yellow ❑ 7" Solid White ❑ 4" Dotted White ❑ 7" Broken Yellow ❑ I I" Solid White ❑ 8" Broken White ❑ Other (Specify) (1) use for Stop Bars and Crosshatching, (2) use for Stop Bars, Crosshatching and Airplane Markers, (3) use for Crosshatching Pavement Messages Quantity (ea) Quantity (ea) Quantity (ea) ❑ Left Arrow ❑ Right-Thru-Left Arrow ❑ "SCHOOL XING" ❑ Left-Thru Arrow ❑ Handicapped Symbol ❑ "TRAIL XING" ❑ Thru Arrow ❑ HOV Diamond Symbol ❑ "SIGNAL AHEAD" ❑ Right Arrow ❑ "AIRPLANE MARKER" ❑ "STOP" ❑ Right-Thru Arrow ❑ "ONLY" ❑ "STOP AHEAD" ❑ Fish -Hook Arrow ❑ "PED XING" ❑ Bike Symbol ❑ Transition Arrow ❑ "RR XING" Quantity (ft2) ❑ Other (Specify) ❑ Zebra Crosswalk Comments Mail Original to: Office of Traffic, Safety and Technology 0 0 Attn: Pavement Marking Engineer (Ethan Peterson) 1500 W. County Road B2, Mailstop 725 Roseville, MN 55113 Or Fax to: 651-234-7370 Revised 10/15/16 743 744 Appendix C Asbestos and PCB Information Sheets 745 746 ASBESTOS INFORMATION SHEET Non -friable asbestos is present in some pipe wrap found on old piping within CenterPoint Energy's gas distribution system. This information sheet was prepared to provide interested parties with facts about asbestos as found in our system. What is asbestos? Asbestos is a group of silicate minerals formerly added to products to provide strength or insulating properties. Asbestos handling and disposal is closely regulated by the MN Pollution Control Agency (MPCA), OSHA, and MN Department of Health (MDH). Are there different kinds of asbestos? Asbestos can be placed into two broad categories, friable and non -friable. Friable asbestos can easily become airborne and is hazardous to handle. Non -friable asbestos cannot be crumbled to a powder under hand pressure and is not hazardous if handled correctly. Where is asbestos found in CenterPoint Energy's system? Asbestos is no longer present in any new products used by CenterPoint Energy. However, in the past, asbestos was used to strengthen pipe wrap, and some of the pipe that is coated with asbestos -containing wrap remains in service. Asbestos may also be found in some old gaskets used by CenterPoint Energy. The asbestos present in pipe wrap and gaskets is considered non -friable. How does CenterPoint Energy comply with asbestos regulations? Before starting a project that may require handling of pipe, CenterPoint Energy determines if the pipe was installed during the period when asbestos -containing wrap was used. If there is a potential that the wrap contains asbestos, a MDH Certified professional collects a sample of the wrap. The sample is analyzed and if asbestos is detected, certain handling requirements must be followed. The MPCA allows abandoned pipe with asbestos -containing wrap to be left in the ground. In fact, in most instances they prefer that it be left undisturbed. However, if it is necessary to remove the pipe, CenterPoint Energy's crews and contractors have been trained in the proper handling and disposal procedures. What are the health and safety considerations? Non -friable asbestos does not present a health hazard if handled properly. Only procedures that could cause the asbestos to become airborne would make non -friable asbestos hazardous. Procedures to be avoided include cutting, grinding, and otherwise crushing the materials. CenterPoint Energy crews and contractors have been trained in proper handling of our asbestos -containing wrap to minimize exposure to themselves or the public. Who can I contact at CenterPoint Energy if I have more questions about asbestos? Customer Service Residential: (612) 372-4727 Commercial: (612) 321-4939 747 This Page Left Blank Intentionally 748 Appendix D Erosion Control Inspection Form 749 750 Erosion Control Inspection Sheet Project: Contractor: Phone: INSPECTIONS MUST BE CONDUCTED ONCE EVERY 7 DAYS AND WITHIN 24 HOURS OF A 0.5" OR GREATER RAINFALL. ALL SEDIMENT CONTROLS MUST BE INSTALLED PRIOR TO GRADING AND WITHIN 7 DAYS OF FIRST GRUBBING Type of Inspection (circle) Routine >0.5" Rain Erosion Control Supervisor: Date: Time: TEMPORARY STABILIZATION 1. Have all dormant, disturbed areas been Yes No temporarily stabilized in their entireties? 1. Is the fence at least 4" to 6" into the ground? Yes No 2. Is the trench backfilled to prevent runoff from Yes No cutting underneath the fence? 3. Is the fence pulled tight so it won't sag when Yes No water builds up behind it? 4. Are the ends brought upslope of the rest of the fence so as to prevent runoff from going around Yes No the ends? 5. Is the fence placed on a level contour? If not, Yes No the fence will only act as a diversion. 6. Have all the gaps and tears in the fence been Yes No eliminated. INLET PROTECTION 1. Does water pond around the inlet when it rains? Yes No 2. Has the fabric been replaced when it develops Yes No tears or sags? 3. For curb inlet protection, does the fabric cover the entire grate, including the curb window? For Yes No yard inlet protection, does the structure encircle the entire grate? 4. Is the fabric properly entrenched or anchored Yes No so that water passes through it and not under it? 5. For yard inlet protection, is the fabric properly supported to withstand the weight of water and Yes No prevent sagging? The fabric should be supported by a wood frame with cross braces, or straw bales. S:\FJ\G\Goldv\119099\5-final-dsgn\52-specs-proj-man\2013 PMP\EROSION CONTROL INSPECTION FORM.xIs: 751 NON -SEDIMENT POLLUTION CONTROL 1. Has an area been designated for washing out concrete trucks? Washings must be contained on site within a bermed area until they harden. The Yes No washings should never be directed toward a watercourse, ditch or storm drain. 2. Are streets swept as often as necessary to Yes No keep them clean and free from sediment? 3. Are stockpiles of soil or other materials stored Yes No away from any watercourse, ditch or storm drain? NOTES NOTES ON CORRECTIONS MADE: DATE SIGNATURE: S:\FJ\G\Goldv\119099\5-final-dsgn\52-specs-proj-man\2013 PMP\EROSION CONTROL INSPECTION FORM.xIs: 752 Appendix E Accessibility, Design, Policy and Implementation Manual for Public Rights -of -Way 753 754 Accessibility, Design, Policy and Implementation Manual for Public Rights -of -Way A COPY OF THE COMPLETE MANUAL IS AVAILABLE AT THE OFFICE OF THE CITY ENGINEER 755 This Page Left Blank Intentionally 756 Appendix F Sewer/Water Utility — Tracer Wire Specification 757 758 Sewer/Water Utility - Trace Wire Specification Materials General All trace wire and trace wire products shall be domestically manufactured in the U.S.A. All trace wire shall have HDPE insulation intended for direct bury, color coated per APWA standard for the specific utility being marked. Trace wire • Open Trench -Trace wire shall be #12 AWG Copper Clad Steel, High Strength with minimum 450 lb. break load, with minimum 30 mil HDPE insulation thickness. • Directional Drilling/Boring - Trace wire shall be #12 AWG Copper Clad Steel, Extra High Strength with minimum 1,150 lb. break load, with minimum 30 mil HDPE insulation thickness. • Trace wire — Pipe Bursting/Slip Lining - Trace wire shall be 7 x 7 Stranded Copper Clad Steel, Extreme Strength with 4,700 lb. break load, with minimum 50 ml HDPE insulation thickness. Connectors • All mainline trace wires must be interconnected in intersections, at mainline tees and mainline crosses. At tees, the three wires shall be joined using a single 3-way lockable connector. At Crosses, the four wires shall be joined using a 4-way connector. Use of two 3-way connectors with a short jumper wire between them is an acceptable alternative. • Direct bury wire connectors— shall include 3-way lockable connectors and mainline to lateral lug connectors specifically manufactured for use in underground trace wire installation. Connectors shall be dielectric silicon filled to seal out moisture and corrosion, and shall be installed in a manner so as to prevent any uninsulated wire exposure. • Non locking friction fit, twist on or taped connectors are prohibited. Termination/Access • All trace wire termination points must utilize an approved trace wire access box (above ground access box or grade level/in-ground access box as applicable), specifically manufactured for this purpose. • All grade level/in-ground access boxes shall be appropriately identified with "sewer" or "water" cast into the cap and be color coded. • A minimum of 2 ft. of excess/slack wire is required in all trace wire access boxes after meeting final elevation. • All trace wire access boxes must include a manually interruptible conductive/connective link between the terminal(s) for the trace wire connection and the terminal for the grounding anode wire connection. • Grounding anode wire shall be connected to the identified (or bottom) terminal on all access boxes. This Standard specification was prepared by Joe Rubbelke (ioe.rubbelke@amail.com), Jeff Dale ()eff.dole @mrwa.coml and FrankStuemke (frank.stuemke@mrwo.com), and is a work -in -progress, intended for redistribution, modification and immediate use by any municipality (March 2014). The end user must accept all liabilities and hold harmless the contributors of this information. 759 Sewer/Water Utility - Trace Wire Specification • Service Laterals on public property - Trace wire must terminate at an approved grade level/in- ground trace wire access box, located at the edge of the road right-of-way, and out of the roadway. • Service Laterals on private property - Trace wire must terminate at an approved above -ground trace wire access box, affixed to the building exterior directly above where the utility enters the building, at an elevation not greater than 5 vertical feet above finished grade, or terminate at an approved grade level/in-ground trace wire access box, located within 2 linear feet of the building being served by the utility. • Hydrants —Trace wire must terminate at an approved above -ground trace wire access box, properly affixed to the hydrant grade flange. (affixing with tape or plastic ties shall not be acceptable) • Long -runs, in excess of 500 linear feet without service laterals or hydrants - Trace wire access must be provided utilizing an approved grade level/in-ground trace wire access box, located at the edge of the road right-of-way, and out of the roadway. The grade level/in-ground trace wire access box shall be delineated using a minimum 48" polyethylene marker post, color coded per APWA standard for the specific utility being marked. Grounding • Trace wire must be properly grounded at all dead ends/stubs • Grounding of trace wire shall be achieved by use of a drive-in magnesium grounding anode rod with a minimum of 20ft of #14 red HDPE insulated copper clad steel wire connected to anode (minimum 0.5 lb.) specifically manufactured for this purpose, and buried at the same elevation as the utility. • When grounding the trace wire at dead ends/stubs, the grounding anode shall be installed in a direction 180 degrees opposite of the trace wire, at the maximum possible distance. • When grounding the trace wire in areas where the trace wire is continuous and neither the mainline trace wire or the grounding anode wire will be terminated at/above grade, install grounding anode directly beneath and in -line with the trace wire. Do not coil excess wire from grounding anode. In this installation method, the grounding anode wire shall be trimmed to an appropriate length before connecting to trace wire with a mainline to lateral lug connector. • Where the anode wire will be connected to a trace wire access box, a minimum of 2 ft. of excess/slack wire is required after meeting final elevation. Installation General • Trace wire installation shall be performed in such a manner that allows proper access for connection of line tracing equipment, proper locating of wire without loss or deterioration of low frequency (512Hz) signal for distances in excess of 1,000 linear feet, and without distortion of signal caused by multiple wires being installed in close proximity to one another. • Trace wire systems must be installed as a single continuous wire, except where using approved connectors. No looping or coiling of wire is allowed. This Standard specification was prepared by Joe Rubbelke (ioe.rubbelke@amail.com), Jeff Dale ()eff.dole @mrwa.coml and FrankStuemke (frank.stuemke@mrwo.com), and is a work -in -progress, intended for redistribution, modification and immediate use by any municipality (March 2014). The end user must accept all liabilities and hold harmless the contributors of this information. 760 Sewer/Water Utility - Trace Wire Specification • Any damage occurring during installation of the trace wire must be immediately repaired by removing the damaged wire, and installing a new section of wire with approved connectors. Taping and/or spray coating shall not be allowed. • Trace wire shall be installed at the bottom half of the pipe and secured (taped/tied) at 5' intervals. • Trace wire must be properly grounded as specified. • Trace wire on all service laterals/stubs must terminate at an approved trace wire access box located directly above the utility, at the edge of the road right-of-way, but out of the roadway. (See Trace wire Termination/Access) • At all mainline dead -ends, trace wire shall go to ground using an approved connection to a drive-in magnesium grounding anode rod, buried at the same depth as the trace wire. (See Grounding) • Mainline trace wire shall not be connected to existing conductive pipes. Treat as a mainline dead- end, ground using an approved waterproof connection to a grounding anode buried at the same depth as the trace wire. • All service lateral trace wires shall be a single wire, connected to the mainline trace wire using a mainline to lateral lug connector, installed without cutting/splicing the mainline trace wire. • In occurrences where an existing trace wire is encountered on an existing utility that is being extended or tied into, the new trace wire and existing trace wire shall be connected using approved splice connectors, and shall be properly grounded at the splice location as specified. Sanitary Sewer System • A mainline trace wire must be installed, with all service lateral trace wires properly connected to the mainline trace wire, to ensure full tracing/locating capabilities from a single connection point. • Lay mainline trace wire continuously, by-passing around the outside of manholes/structures on the North or East side. • Trace wire on all sanitary service laterals must terminate at an approved trace wire access box color coded green and located directly above the service lateral at the edge of road right of way. Water System • A mainline trace wire must be installed, with all service lateral trace wires properly connected to the mainline trace wire, to ensure full tracing/locating capabilities from a single connection point. • Lay mainline trace wire continuously, by-passing around the outside of valves and fittings on the North or East side. • Trace wire on all water service laterals must terminate at an approved trace wire access box color coded blue and located directly above the service lateral at the edge of road right of way. • Above -ground tracer wire access boxes will be installed on all fire hydrants. • All conductive and non-conductive service lines shall include tracer wire. This Standard specification was prepared by Joe Rubbelke (ioe.rubbelke@amail.com), Jeff Dale ()eff.dole @mrwa.coml and FrankStuemke (frank.stuemke@mrwo.com), and is a work -in -progress, intended for redistribution, modification and immediate use by any municipality (March 2014). The end user must accept all liabilities and hold harmless the contributors of this information. 761 Sewer/Water Utility - Trace Wire Specification Storm Sewer System This section shall be included at the discretion of the facility owner. • If the storm sewer system includes service laterals for connection of private drains and tile lines, it shall be specified the same as a sanitary sewer application. • Lay mainline trace wire continuously, by-passing around the outside of manholes/structure on the North or East side. Prohibited Products and Methods The following products and methods shall not be allowed or acceptable • Uninsulated trace wire • Trace wire insulations other than HDPE • Trace wires not domestically manufactured • Non locking, friction fit, twist on or taped connectors • Brass or copper ground rods • Wire connections utilizing taping or spray -on waterproofing • Looped wire or continuous wire installations, that has multiple wires laid side -by -side or in close proximity to one another • Trace wire wrapped around the corresponding utility • Brass fittings with trace wire connection lugs • Wire terminations within the roadway, i.e. in valve boxes, cleanouts, manholes, etc. • Connecting trace wire to existing conductive utilities Testing All new trace wire installations shall be located using typical low frequency (512Hz) line tracing equipment, witnessed by the contractor, engineer and facility owner as applicable, prior to acceptance of ownership. This verification shall be performed upon completion of rough grading and again prior to final acceptance of the project. Continuity testing in lieu of actual line tracing shall not be accepted. This Standard specification was prepared by Joe Rubbelke (ioe.rubbelke@amail.com), Jeff Dale ()eff.dole @mrwa.coml and FrankStuemke (frank.stuemke@mrwo.com), and is a work -in -progress, intended for redistribution, modification and immediate use by any municipality (March 2014). The end user must accept all liabilities and hold harmless the contributors of this information. 762 Sewer/Water Utility - Trace Wire Specification Products The following products have been deemed acceptable and appropriate. These products are a guide only to help you choose the correct applications for your tracer wire project. • Copper clad Steel (CCS) trace wire o Open Trench — Copperhead #12 High Strength part # 1230-HS o Directional Drilling/Boring - Copperhead Extra High Strength part # 1245*EHS o Pipe Bursting/Slip Lining — Copperhead SoloShot Extreme Strength 7 x 7 Stranded part # PBX-50 • Connectors o Copperhead 3-way locking connector part # LSC1230* o DryConn 3- way Direct Bury Lug: Copperhead Part # 3WB-01 • Termination/Access o Non -Roadway access boxes applications: Trace wire access boxes Grade level Copperhead adjustable lite duty Part # LD14*TP o Concrete / Driveway access box applications: Trace wire access boxes Grade level Copperhead Part # CD14*TP 14" o Fire hydrant trace wire access box applications: Above ground two terminal with 1" conduit. Copperhead part # T3-75-F (Cobra T3 Test Station, denoting "F" includes mounting flange) • Grounding o Drive in Magnesium Anode: Copperhead Part # ANO-1005 (1.5 lb) Manufacture product options: The information provided by Copperhead Industries gives you product options to help you choose the correct wire — termination/access points — connectors and grounding products. Other manufactures provide these products; this information is only a guide. This Standard specification was prepared by Joe Rubbelke (ioe.rubbelke@amail.com), Jeff Dale ()eff.dole @mrwa.coml and FrankStuemke (frank.stuemke@mrwo.com), and is a work -in -progress, intended for redistribution, modification and immediate use by any municipality (March 2014). The end user must accept all liabilities and hold harmless the contributors of this information. 763 APPLICATION Secures SnakePit® Access Point to curb box to keep in place during backfill and future ground shifting. SnakePit Access Point Curb Box (sold separately) (not included) MATERIAL AND DESIGN Bracket Material • 3/16" steel arm • 10 AWG steel brackets • Black powder -coated finish • Includes hardware • 4 - 4" zinc -plated bolts • 4 nuts Shape • "I" shape with brackets at each end • Brackets at ends expand to accommodate diameters up to 3" QUALITY ASSURANCE • Copperhead products are manufactured under a quality control system that ensures products are free of defects and meet performance requirements. • Copperhead provides best -in -class customer service. We promise to put forth our best efforts for our customers and to treat everyone we encounter with courtesy and respect. SP-BRACKET - SnckePit Bracket PFFl10FS ANrn) RFNFFITS • Secures SnakePit° Access Point to curb box • Eliminates shifting of SnakePit° Access Point during back -filling and/or ground settling • Fits all SnakePit° Access Points G TRACE WIRE ON NORTH SIDE OF WATER MAIN PIPE W W M WATER MAIN WATER MAIN — (TYP) CROSS TRACE WIRE ON EAST I SIDE OF WATER MAIN I PIPE I I I I 4-WAY CONNECTOR OR TWO 3-WAY CONNECTORS WITH SHORT JUMPER WIRE --------------I-----------x I MAINLINE TO LATERAL LUG CONNECTOR ♦----- (TYP) GRADE LEVEL / IN -GROUND 3 I TRACE WIRE ACCESS BOX I AND DRIVE-IN MAGNESIUM WATER SERVICE I GROUNDING ANODE (SEE (TYP)— — — — — — — — — WATER SERVICE DETAIL) ABOVE GROUND ACCESS BOX SECURED TO HYDRANT FLANGE (SEE HYDRANT DETAIL) HYDRANT NOTES: 1. WIRE SHOWN AWAY FROM PIPE FOR CLARITY. WIRE SHALL BE INSTALLED ON THE BOTTOM SIDE OF THE PIPE BELOW THE SPRING LINE. THE WIRE SHALL BE FASTENED TO THE PIPE WITH TAPE OR PLASTIC TIES AT T INTERVALS. CURB STOP (TYP) 1' 3I I #12 AWG COPPER CLAD STEEL - BLUE I (TYP) I 3� I I DRIVE-IN MAGNESIUM GROUNDING ANODE (TYP) TRACE WIRE PLAN (WATER) NO SCALE 71� �- i is lii u. ivffl] n°�,•�uai�.zt�r� MINNESOTA RURAL WATER ASSOCIATION STANDARD DETAIL TRACE WIRE SAMPLE WATER PLAN May 28, 2014 765 al Water Details\Trace Wre Details 5.28. i uwu RIVET -OF -WAY GRADE LEVEL / IN -GROUND TRACE I WIRE ACCESS BOX ON NORTH OR I EAST SIDE OF WATER SERVICE I WATER MAIN I I #12 AWG COPPER CLAD STEEL - BLUE MAINLINE TO (TYP) DRIVE-IN LATERAL LUG MAGNESIUM CONNECTOR GROUNDING 1.0' MAX ANODE ROD 1.0' MAX SERVICE SADDLE WATER SERVICE 711, CURB STOP BOX 5.0' MAX TAPE OR PLASTIC TIE NOTES: (TYP) 1. WIRE SHOWN AWAY FROM PIPE FOR CLARITY. WIRE SHALL BE INSTALLED IMMEDIATELY ADJACENT TO THE SERVICE PIPE. THE WIRE SHALL BE FASTENED TO THE PIPE WITH TAPE OR _ PLASTIC TIES AT 5' INTERVALS. WATER SERVICE - PLAN VIEW NO SCALE I I /__ FINISHED GRADE GRADE LEVEL / IN -GROUND TRACE WIRE ACCESS BOX TO CURB STOP BOX BE INSTALLED ON NORTH OR EAST SIDE OF WATER SERVICE I I II COIL 2' OF EXTRA RED AND BLUE I I WIRE IN ACCESS BOX. RED I I #12 AWG COPPER WIRE IS FROM GROUNDING I I CLAD STEEL - BLUE ANODE AND BLUE WIRE IS I (TYP) TRACE WIRE ON SERVICE PIPE I THAT CONNECTS TO THE MAIN LINE WIRE. II I DO NOT SECURE WIRES TO CURB STOP BOX I AS TO ALLOW FOR ADJUSTMENTS WITHOUT DAMAGING WIRE II #14 AWG COPPER CLAD STEEL -RED, FACTORY I I CONNECTED TO mil GROUND ROD I 1 1 11 DRIVE-IN MAGNESIUM 1 I GROUNDING ANODE ROD 11 !I 0 CURB STOP WIRE CONTINUES WITH WATER SERVICE AND CONNECTS TO MAINLINE WIRE (SEE PLAN VIEW ABOVE) WATER SERVICE - SECTION VIEW NO SCALE MINNESOTA RURAL WATER ASSOCIATION STANDARD DETAIL TRACE WIRE WATER SERVICE DETAIL May 28, 2014 766 al Water Details\Trace Wre Details 5.28. i uwu #12 AWG COPPER CLAD STEEL - BLUE ABOVE -GROUND (TYP) TRACE WIRE ACCESS BOX HDPE OR STAINLESS TRACE WIRE AROUND I STEEL BRACKET TO NORTH OR EAST SIDE I NEW STAINLESS STEEL PERMANENTLY OF FITTINGS I BOLT TO ALLOW FOR BRACKET INSTALLATION SECURE ACCESS BOX TO GRADE FLANGE ABOVE GROUND TRACE�� WIRE ACCESS BOX \\ . 1.0' MAX PERMANENTLY MOUNTED I TO GRADE FLANGE BOLT 3-WAY 2.0' MIN (SEE FRONT VIEW) 1.0' MAX CONNECTOR __ ______ i , rb TRACE WIRE Y 1.0'MAX AROUND NORTH 11 — — — I OR EAST SIDE I OF FITTINGS 1 I #12 AWG COPPER II 5.0' MAX 1.0' MAX 1.0' MAX J CLAD STEEL -BLUE II DRIVE-IN / (TYP) II II MAGNESIUM GROUNDING TAPE OR I ANODE ROD I PLASTIC TIE (TYP) 5.0' MAX WIRE UNDERNEATH 1.0' MAX NORTH OR EAST I WIRE UNDERNEATH SIDE OF HYDRANT EAST SIDE OF I I #14 AWG COPPER CLAD LEAD I WATER MAIN STEEL -RED, FACTORY II CONNECTED TO O \ GROUND ROD TAPE OR WATER MAIN PLASTIC TIE (TYP) WIRE CONTINUES UNDER HYDRANT LEAD AND DRIVE-IN CONNECTS TO MAIN LINE MAGNESIUM WIRE (SEE PLAN VIEW) GROUNDING ANODE ROD HYDRANT - PLAN VIEW HYDRANT -SECTION VIEW NO SCALE NO SCALE MINNESOTA RURAL WATER ASSOCIATION Pt STANDARD DETAIL TRACE WIRE HYDRANT DETAIL iit ii u. ivffl.1>< n°'_,•�uci•.TILJ'' May 28,2014 767 L:\Library\Municipal\Professional Associations\Rural Water Details\Trace Wre Details 5.28. iv.uwy TRACE WIRE SHALL BE ROUTED AROUND NO SCALE MANHOLES ON THE NORTH AND/OR EAST SIDE #12 AWG COPPER CLAD STEEL -GREEN (TYP) -------------I----------J MAINLINE TO LATERAL S S S S k' ( )r S �J LUG CONNECTOR I r (T'P) I I I ss—S" I I I I NI GRADE LEVEL / IN -GROUND ACCESS BOX AND DRIVE-IN I MAGNESIUM GROUNDING ANODE (SEE SEWER SS_sv ♦-------- rn—I I SERVICE DETAIL) I SEWER SERVICE r------- (NP) ss sv I NI I I DRIVE-IN MAGNESIUM I 4-WAY CONNECTOR I TWO 3-WAY CONNECTORS GROUNDING ANODE I WITH SHORT JUMPER WIRE (TYP) �I ------------J� y\-------------x r I NI MANHOLE I (TYP) r-- I I I NI NOTES: 1. WIRE SHOWN AWAY FROM PIPE FOR CLARITY. WIRE SHALL BE l INSTALLED ON THE BOTTOM SIDE OF THE PIPE BELOW THE SPRING LINE. THE WIRE SHALL BE FASTENED TO THE PIPE I WITH TAPE OR PLASTIC TIES AT T INTERVALS. TRACE WIRE PLAN (SEWER) NO SCALE MINNESOTA RURAL WATER ASSOCIATION STANDARD DETAIL TRACE WIRE SAMPLE SEWER PLAN May 28, 2014 768 al Water Details\Trace Wre Details 5.28. i uwu 1.0' MAX 1.0' MAX 5.0' MAX #12 AWG COPPER CLAD STEEL - GREEN (TYP) MAINLINE TO LATERAL LUG CONNECTOR GRADE LEVEL / IN -GROUND TRACE WIRE ACCESS BOX DIRECTLY ABOVE SEWER SERVICE RIGHT-OF-WAY LINE I I I �DRIVE-IN MAGNESIUM GROUNDING ANODE ROD SEWER SERVICE ON PRIVATE SIDE TAPE OR PLASTIC TIE NOTES: (TYP) 1. WIRE SHOWN AWAY FROM PIPE FOR CLARITY. WIRE SHALL BE INSTALLED IMMEDIATELY ADJACENT TO THE SERVICE PIPE. THE WIRE SHALL BE FASTENED TO THE PIPE WITH TAPE OR PLASTIC TIES AT 5' INTERVALS. SEWER SERVICE -PLAN VIEW NO SCALE COIL 2' OF EXTRA RED AND GREEN WIRE IN ACCESS BOX. RED WIRE GRADE LEVEL / IN -GROUND TRACE WIRE IS FROM GROUNDING ANODE AND ACCESS BOX TO BE INSTALLED DIRECTLY GREEN WIRE IS TRACE WIRE ON OVER SEWER SERVICE NEAR THE SERVICE PIPE THAT CONNECTS TO RIGHT-OF-WAY LINE THE MAIN LINE WIRE. 1 1 11 II 1 I� II SEWER SERVICE J WIRE CONTINUES WITH SEWER SERVICE AND CONNECTS TO MAINLINE WIRE (SEE PLAN VIEW ABOVE) CENTERLINE SEWER SERVICE #12 AWG COPPER CLAD STEEL -GREEN (TYP) I #14 AWG COPPER CLAD STEEL -RED, FACTORY I I � CONNECTED TO �I GROUND ROD �I II I I I l I II I I I I DRIVE-IN MAGNESIUM I I GROUNDING ANODE �I ROD SEWER SERVICE - SECTION VIEW NO SCALE MINNESOTA RURAL WATER ASSOCIATION STANDARD DETAIL TRACE WIRE SEWER SERVICE DETAIL May 28, 2014 769 al Water Details\Trace Wre Details 5.28. i uwu MAINLINE TO GROUNDING ANODE LUG CONNECTOR #14 AWG COPPER CLAD STEEL -RED, FACTORY CONNECTED TO GROUND ROD DRIVE-IN MAGNESIUM GROUNDING ANODE ROD MAINLINE TO M GROUNDING AI CONNECTOR DRIVE-IN M, GROUNDIN, ROD TRACE WIRE SHALL BE ROUTED AROUND MANHOLES ON THE NORTH AND/OR EAST SIDE SEWER MANHOLE -PLAN VIEW NO SCALE 1.U' MAX SEWER MANHOLE - SECTION VIEW NO SCALE TAPE OR PLASTIC TIE (TYP) — #12 AWG COPPER CLAD STEEL - GREEN (TYP) TAPE OR 'LASTIC TIE TYP) #12 AWG COPPER CLAD STEEL - GREEN (TYP) MINNESOTA RURAL WATER ASSOCIATION STANDARD DETAIL TRACE WIRE SEWER MANHOLE DETAIL May 28, 2014 770 al Water Details\Trace Wre Details 5.28. i uwu Appendix G Online Bidding Instructions 771 772 How to Electronicallv Bid Proiects for the City of Golden Valley For the 2021 Pavement Management Program, the City of Golden Valley will be only accepting bid submittals electronically through www.guestcdn.com. Digital copies of the Bidding Documents are available at www.guestcdn.com. These documents may be downloaded by selecting this project by entering eBidDoc #7380597 on the "Search Projects" page. For assistance and questions regarding free membership registration, downloading, and on-line bidding, contact QuestCDN by phone at 952. 233.1632 or by email at infoa-guestcdn.com. 0- Alm.. 11-- +- nl -+P`IIAI . 0;ATM In- I;-- Prior to starting use of the QuestCDN vBidTM, be sure to set up your company's On-line Bid ID Code and update your password to higher security if required. You can do this by logging in at www.guestcdn.com and going to the "My Account" page. If you do not have access to the "My Account" page, please contact the administrator at your company. A summary of steps for using www.guestcdn.com for submitting electronic bids is as follows: 1. From QuestCDN, download the project documents using the project number referenced (may needto refresh after download); 2. Click on the "On-line Bid" button to go to Quest vBid TM, log into the VirtuBidTM Server with your QuestCDN User Name and Password (not your On-line Bid ID Code); 3. Fill out the Qualification Information Tab and download the required documents — Save; 4. Upload any required completed documents — Save; 5. Upload Bid Bond — Save; 6. Go to the Bid Worksheet Tab and fill out all required fields or use the export and import to complete the Bid Worksheet — Save; 7. Download any issued addenda; and 8. When finished with both the Qualification Information and Worksheet Tabs, click Submit — you will need your company's On-line Bid ID Code. This is a special passcode (your company digital signature) required only at bid submittal — it can be added or changed at www.ciuestcdn.com on the "My Account" page. There is a link to the "My Account" page on the submission screen. (Only the system administrator's login to your company account can access the "My Account" functions.) Bid Oaeninas The bid date and time on the QuestCDN server screen is the official time of the bid opening. At the time of bid opening, representatives from the City of Golden Valley will open and review all electronic bids received. Preliminary Base Bid Results will be shared with all bidders on the project once the Owner has reviewed and accepted (AS READ) all the electronic bids. Bid results may be viewed at www.guestcdn.com. This information will also be shared via email from QuestCDN. FAQs What kind of equipment and software do I need? It is required to have Internet capabilities on a computer running operating systems required by QuestCDN. A scanner will be required to electronically submit scanned copies of required documents for bid submission. No software needs to be downloaded to submit electronic bids. Do I need special software to download and save documents? Bid documents are delivered in Adobe PDF (Portable Document Format) (.pdf). No software investment is required, free PDF reader programs are available. (Sometimes the PDF file will be Zipped; make sure to save to the ZIP folder and then open and save the PDF files, so you do not miss any project information.) Why is the Owner accepting only electronic bid submission for their project? 773 Electronic bid submission reduces the number of nonconforming bids and math errors commonly seen in paper bids. Bidders now have the option to attend bid openings electronically. It also allows bidders to make changes closer to bid opening. QuestCDN's on-line bidding tool allows efficient bid submittal from the comfort of your home or office. QuestCDN's on-line bidding tool allows the uploading and submitting of forms and bid worksheet online, while a bid clock notifies the time left to submit bids. All required bid documents are included in submittals, as well as checks and balances to assure Bidder has submitted all required documents. What Internet browsers can be used? Internet browsers, as required by QuestCDN, shall be used; Google Chrome, IE, or Edge are preferred but not required. Please make sure you have updated your browser to the most current version. How do I ensure that my bids are secure? The software program uses an encryption code and other security methods which prohibit anyone, including the Owner and the service provider from reading your bid. Once the bid opening time is reached, the Owner can read bids but cannot alter the bids in any way. Bidders do not have the ability to see other bids until the Owner chooses to share the bids. The Owner will only share Base Bid and Sections totals with all bidders on the project once they have reviewed all the electronic bids. May I make changes to my bid and submit a bid more than once? Yes. Bidders can withdraw a bid, make changes, and resubmit a bid as many times they wish, until the bid opening time has occurred. Will I know if my bid changes are accepted? Yes. Each time a bid is withdrawn and resubmitted, the bidder will receive an email from QuestCDN confirming that they have successfully submitted a bid. Your On-line Bidding screen will also indicate that the bid has been submitted successfully. If you have an error, the bid will not be submitted, and an error message will be at the top of the On-line Bidding screen. May I withdraw a bid? Yes. Bidders may withdraw a bid prior to the bid opening time. If a bidder withdraws a bid prior to the bid opening time, the Owner will not see the bid. What occurs when an addendum is posted for the project? If a bidder already submitted a bid, QuestCDN will withdraw the bid and email the bidder. The bidder will need to sign into QuestCDN, download the addendum, make changes to the bid if required, and resubmit the bid. If the bidder has not already submitted a bid, the bidder will need to sign into QuestCDN and download the addendum prior to submitting a bid. How do I submit a Bid Bond electronically? All bids must be accompanied by a Bid Bond as required by the project bid documents. Bid Bonds ensure that only legitimate bids are submitted. A scanned copy of the Bid Bond must be uploaded prior to submitting a bid. Who do we contact with questions about QuestCDN? Contact QuestCDN at 952.233.1632 or info(a-)guestcdn.com with questions regarding free membership registration, downloading, on-line bidding, or working with digital bid documents. 774 pity °f l[JTIVE SUMMARY golden Val Physical Development 763-512-2345 / 763-512-2344 (fax) Golden Valley City Council Meeting December 20, 2022 Agenda Item 4B. Conditional Use Permit No. 163, Amendment 1, to Allow for Surface Lot Storage of Automobile Sales Inventory on a lot east of 1109 Zane Ave S, Ordinance No. 756 Prepared By Jason Zimmerman, Planning Manager Summary Shapco Printing, Inc., located at 1109 Zane Avenue North, received a Conditional Use Permit (CUP) in 2018 in order to store automobile sales inventory on their secondary surface lot across the street. They are now requesting consideration of an amendment to the CUP that would remove the required screening pending potential future inventory storage. For more details on the existing site conditions, proposal details, and City staff review, please refer to the copy of the staff memo to the Planning Commission. This Executive Summary focuses on the evaluations of findings for the conditional use permit. Discussion at Planning Commission At its meeting on November 28, the Planning Commission heard from staff, the applicant, and nine members of the public. In addition, two public comments were submitted in advance of the meeting via the Golden Valley Speaks online tool. The applicant presented his main concerns which were the expense of providing the required screening and the challenges in watering and maintaining new vegetation. Generally, neighbors were opposed to removing the screening requirement and asked that the City continue to press the applicant to plant the required vegetation. The Planning Commission voted (5-0) to recommend denial of the amendment, finding that the removal of the screening requirement would result in a failure to meet the Visual Appearance factor (listed below). In addition, there were complaints about the nighttime glow from the Shapco sign on the building west of Zane that is visible now that much of the site has been clear-cut. Staff have researched the lighting complaint and have determined that it is not technically in violation of the City's outdoor lighting ordinance, which is currently being rewritten. The regulations focus on light fixtures shining or illuminating objects and not light emanating from within a sign. However, the new version of the sign code being drafted does regulate the intensity and/or the hours of operation of such signs. Evaluation The findings and recommendations for a Conditional Use Permit are based upon any or all of the 775 following factors, as outlined in Section 113-30 (d) of the City Code. The evaluation below was conducted in light of the proposed amendment, suspending condition #5 pending future use of the lot for inventory storage: Factor Finding Standard met. The previous use of the site, as well 1. Demonstrated Need for Proposed Use as staff conversations with local auto dealerships, suggest there is a constant need for additional inventory storage in the city. Standard met. The proposed use is not inconsistent with the Light Industrial designation in the 2. Consistency with the Comprehensive Plan Comprehensive Plan, which includes such uses as packaging and processing, light assembly and manufacturing, offices and showrooms, and warehousing. Standard met. Given the previous use of the site for 3. Effect upon Property Values inventory storage, there is no anticipated impact of the proposed use on property values in the area. Standard conditionally met. If delivery and pick-up of vehicles is limited to individual trips on and off the site, and large transport vehicles are prohibited, 4. Effect on Traffic Flow and Congestion the proposed use is not anticipated to negatively affect traffic flow and congestion in the area. Zane Avenue has the capacity to accommodate the minor increase in traffic that is likely to occur. Standard met. Due to the nature of the proposed S. Effect of Increases in Population and Density use (storage), there are no anticipated increases in population or density. 6. Compliance with the City's Mixed -Income Not applicable. Housing Policy Standard conditionally met. If the hours of operation are restricted to those consistent with 7. Increase in Noise Levels other activities listed in the City Code, the proposed use is not anticipated to generate noise levels that would impact surrounding properties. 8. Generation of Odors, Dust, Smoke, Gas, or Standard met. The proposed use is not anticipated Vibration to generate odors, dust, smoke, gas, or vibrations. 9. Any Increase in Pests or Vermin Standard met. The proposed use is not anticipated to attract pests. Standard not met. A delay in the installation of screening within the buffer area to the east of the 10. Visual Appearance parking lot would impact the adjacent single-family properties by limiting the benefits of mature vegetation. 11.Other Effects upon the General Public Standard met. The proposed use is not anticipated Health, Safety, and Welfare to have any other impacts on the surrounding area. 776 Consistent with the request by the applicant, staff has a prepared for consideration an ordinance which strikes the required screening condition -- though that is not the recommendation of staff or the Planning Commission (attached and labeled OPTION 1). Alternatively, the Council could amend the CUP by modifying the screening condition and setting a firm date for compliance in 2023 (attached and labeled OPTION 2). Finally, the Council could deny any modification to the CUP and, given the conditions of approval have not been met, could direct staff to draft a future action of revocation (OPTION 3). Legal Considerations The application for this proposal was received on September 28. Under State statute, the City must vote to approve or deny the request within 60 days, or it may unilaterally extend the deadline once by an additional 60 days. The 60 day deadline for this application was November 27; a 60 day extension was issued through January 26, 2023. The legal standards for the evaluation of a conditional use permit are the factors listed above. The City must make findings in response to each factor, and may make its approval of the permit contingent upon conditions as it determines they are necessary in order to prevent or minimize impacts to the surrounding area. However, any condition must have a "rational nexus" — or a reasonable connection — to the problem that it is purporting to address. Also, the measure of the solution being advanced must bear a "rough proportionality' to the burden being imposed on the City by the private action. In other words, the fix must align with the problem it is intended to solve. The possible options for actions available to the City Council have been prepared in consultation with the City Attorney. Equity Considerations The use of a QR code within the public hearing notices mailed to surrounding properties in advance of the Planning Commission meeting -- in order to provide quick and easy access to the Golden Valley Speaks web site -- fits under the Inclusive and Effective Community Engagement pillar. Recommended Action Motion to deny the ordinance for Conditional Use Permit No. 163, Amendment 1, to Allow for Surface Lot Storage of Automobile Sales Inventory on a lot east of 1109 Zane Ave S. Supporting Documents • Memo to the Planning Commission dated November 28, 2022 • Executed Conditional Use Permit No. 163 • Implementation plan summary letter dated February 12, 2019 • Letter of agreement June 14, 2019.pdf • Response letter dated September 5, 2019 • Assorted site photos (2019, 2021, 2022) • GV Speaks Public Comment Summary • Email from neighbors dated December 8, 2022 • Selected Planning Commission Minutes dated November 28, 2022 • Ordinance No. 756, Approval of Conditional Use Permit Number 163, Amendment 1 (OPTION 1) • Ordinance No. 756, Approval of Conditional Use Permit Number 163, Amendment 1 (OPTION 2) 777 try of goldo,101114r, Y Date: November 28, 2022 MEMORANDUM Planning Department 763-593-80951763-593-8109 (fax) To: Golden Valley Planning Commission From: Jason Zimmerman, Planning Manager Subject: Informal Public Hearing —Amendment to Conditional Use Permit (CUP-163) which Allows for Surface Lot Storage of Automobile Sales Inventory Property address: Unassigned (associated with 1109 Zane Avenue North to the west) Applicant: Shapco Printing, Inc. Property owner: Michael Abrams Zoning District: Light Industrial Lot size: 175,526 sq. ft. (4 acres) Current use: Parking lot Future land use: Light Industrial Adjacent uses: Single-family residential (east); light industrial (south, west, north) 00 • ! Av, a 2021 aerial photo (Hennepin County) 1 778 Summary Shapco Printing, Inc., located at 1109 Zane Avenue North, received a Conditional Use Permit (CUP) in 2018 in order to store automobile sales inventory on their secondary surface lot across the street. They are now requesting consideration of an amendment to the CUP that would remove the required screening pending potential future inventory storage. Background The subject lot is owned by Shapco and currently contains a striped parking lot and a stormwater pond. This lot was previously used to store sales inventory, but those vehicles have since been removed so the lot is currently only used for overflow employee parking for the primary printing business. A 1973 deed restriction on the subject property limited use of the property to parking of passenger vehicles to meet the parking needs of the facility at 1109 Zane Ave and required the property owner to maintain a 60 foot greenbelt along the east property line. Over time, the subject property has been used for a number of activities, including storage of scrap metal and, in the recent past, auto sales inventory for Luther Auto. In light of the deed restriction that was shared with the current property owner, and with the completion of a new facility on 101" Avenue, all of the Luther vehicles were removed and the parking lot on Zane is now vacant. The deed restriction was removed in 2018 as part of the CUP process, which freed the property to be used for inventory storage. Conditions of the CUP ensured that sufficient parking was present to serve the main facility to the west and that a vegetated buffer would remain in place to protect the single-family homes to the east from the visual impact of the parking lot. Existing Conditions There are 226 striped parking stalls on the property, a slight berm on the north end, and a stormwater pond on the south end along Lindsay Street. Existing trees provide moderate screening for adjacent properties. The 60 foot greenbelt referenced in the deed restriction is in place, though at its narrowest point it measures only 57.7 feet. A marked crosswalk on Zane highlights the pedestrian crossing between the two Shapco properties. The CUP approved in 2018 included the following condition: • Vegetative screening must be maintained in a strip 60 feet wide along the eastern property line as a visual buffer for the adjacent single-family homes. The applicant shall submit a landscape plan to City staff for approval and shall maintain the vegetative screening consistent with the approved landscape plan. At the time of the City Council approval of the CUP, the vegetated berm had been neglected for a number of years, and had numerous dead or diseased trees as well as invasive vegetation. Staff worked with the applicant and their attorney over the winter of 2018-19 to reach an acceptable landscape plan and process for implementation, which involved a two -phased approach. A Pa 779 substantial clean-up of the berm was conducted in 2019, but with the onset of COVID-19 in 2020, follow-up — including the planting of new evergreen trees — was not completed. In 2021, staff reached out to reestablish a plan of action. After a lengthy email exchange that included a detailed review by staff, the project stalled and was not taken up again until early 2022. Additional site work was carried out in the summer of that year, prepping the berm for the installation of the vegetation that would provide the screening. Late in the summer, the applicant reached out to the Mayor to request that they be released from the screening requirement as there was no longer auto inventory being stored on the lot. They expressed concern regarding the financial and logistical challenges involved in watering and maintaining new vegetation. Staff indicated that the CUP hinged on compliance with the approved conditions and that only City Council action through an amendment process could modify the requirement. Proposed Use The applicant has asked that the screening requirement be "paused" while they wait to see if another auto dealer is interested in using the lot for storage. Without the presence of the vehicles, they argue the screening is not needed. There were no details associated with the proposal, such as the length of the pause or what specific action would trigger the need to vegetate the berm. Neighborhood Notification Staff has utilized the Golden Valley Speaks website to encourage public comment. Hearing notices sent to properties within 500 feet of the site included a QR code to access the online commenting option. Any comments received prior to the public hearing will be shared in advance of the meeting. Staff Analysis Seven neighbors spoke at the initial CUP hearing in front of the Council. Concerns expressed ranged from the bright lights along the parking lot (which have since been addressed) to worry about what the removal of the deed restriction might mean for future use of the lot and the visual screening that was required to be in place. Although the removal of the deed restriction was the appropriate step to take, given possible legal challenges, the result has been the elimination of a protection for the single-family homes directly adjacent to the parking lot. While the CUP included a condition that attempted to continue the visual screening of the lot (for auto inventory or other uses), the failure by the applicant to comply with the condition has left those properties exposed. Unfortunately, the remaining remedy by the City if the condition is not met is to revoke the CUP. The applicant's preferred course of action, which is to "pause" the planting of vegetation until it has been determined if it is needed is not acceptable to staff. The time lost between when the CUP was approved and when future trees might be planted is an impact to the neighbors in that it directly translates into missed years of potential growth. Should the Council approve the proposed amendment and allow the planting of the screening to be postponed, the effectiveness of the action would be blunted. 91 780 Staff does not support the proposed CUP amendment and if it is not approved can offer two options going forward: 1. The applicant can complete the planting of the trees and vegetation required by the CUP in order to screen the lot and maintain the possibility of using it for auto inventory storage in the future. 2. Should the applicant choose not to install the screening, the City should revoke the CUP and therefore remove the ability to use the lot for storage in the future. Additional Department Review Natural Resource staff have reviewed the proposal to delay the screening requirement and support the Planning recommendation to deny the amendment. It is preferred that the existing invasive and noxious vegetation be managed and new screening be planted to provide a visual buffer. Evaluation The findings and recommendations for a Conditional Use Permit are based upon any or all of the following factors (which need not be weighed equally). The evaluation below was conducted in light of the proposed amendment, suspending condition #5 pending future use of the lot for inventory storage: Factor Finding 1. Demonstrated Need for Proposed Use Standard met. The previous use of the site, as well as staff conversations with local auto dealerships, suggest there is a constant need for additional inventory storage in the city. 2. Consistency with the Comprehensive Plan Standard met. The proposed use is not inconsistent with the Light Industrial designation in the Comprehensive Plan, which includes such uses as packaging and processing, light assembly and manufacturing, offices and showrooms, and warehousing. 3. Effect upon Property Values Standard met. Given the previous use of the site for inventory storage, there is no anticipated impact of the proposed use on property values in the area. 4. Effect on Traffic Flow and Congestion Standard conditionally met. If delivery and pick-up of vehicles is limited to individual trips on and off the site, and large transport vehicles are prohibited, the proposed use is not anticipated to negatively affect traffic flow N 781 and congestion in the area. Zane Avenue has the capacity to accommodate the minor increase in traffic that is likely to occur. 5. Effect of Increases in Population and Standard met. Due to the nature of the Density proposed use (storage), there are no anticipated increases in population or density. 6. Compliance with the City's Mixed -Income Not applicable. Housing Policy 7. Increase in Noise Levels Standard conditionally met. If the hours of operation are restricted to those consistent with other activities listed in the City Code, the proposed use is not anticipated to generate noise levels that would impact surrounding properties. 8. Generation of Odors, Dust, Smoke, Gas, or Standard met. The proposed use is not Vibration anticipated to generate odors, dust, smoke, gas, or vibrations. 9. Any Increase in Pests or Vermin Standard met. The proposed use is not anticipated to attract pests. 10. Visual Appearance Standard not met. A delay in the installation of screening within the buffer area to the east of the parking lot would impact the adjacent single-family properties by limiting the benefits of mature vegetation. 11. Other Effects upon the General Public Standard met. The proposed use is not Health, Safety, and Welfare anticipated to have any other impacts on the surrounding area. Recommended Action Based on the findings above, staff recommends denial of the amendment to Conditional Use Permit No. 163 which would suspend the screening requirement pending future use of the lot for auto inventory storage. Attachments Executed Conditional Use Permit No. 163 (2 pages) Implementation plan summary letter dated February 12, 2019 (1 page) Letter of agreement dated June 14, 2019 (1 page) Response letter dated September 5, 2019 (1 page) Assorted site photos (2019, 2021, 2022) (8 pages) I.1 782 (Top 3 inches reserved for recordinq data) CITY OF GOLDEN VALLEY CONDITIONAL USE PERMIT No. 163 Date of Approval: December 4, 2018, by the City Council in accordance with Sec. 113-55, Subd. b and Section 113-93 of City Code Issued To: Shapco Printing, Inc. Approved Location: Parkinq Lot located to the east of 1109 Zane Ave N, Golden Valley, MN Approved Conditional Use: To allow for surface lot storage of automobile sales inventory in the Light Industrial Zoning District Legal Description: Lot 13 and the Northwesterly 85.00 feet of Lot 9, also the northeasterly 40.00 feet of the northwesterly 110.00 feet of Lot 12 and that part of Lot 12 lying southeasterly of the northwesterly 110.00 feet thereof, also the northeasterly 65.00 feet of Lot 1 and that part of Lot 2 lying southeasterly of the northeasterly extension of the southeasterly line of the northwesterly 90.00 feet of Lot 6 all in the plat of Lindsay's Second Addition, Block 1, according to the recorded plat thereof, Hennepin County, Minnesota. Check here if all or part of the described real properly is Registered (Torrens) ❑ Conditions of Approval: 1. Storage is authorized for automobile and light truck dealership sales inventory only and shall not extend to other vehicles or equipment. 2. The maximum number of spaces for permitted for inventory storage shall be limited to 176 and sufficient parking spaces to satisfy the zoning requirements for the business at 1109 Zane Avenue North shall be maintained. 783 Page 2 of 2 Conditional Use Permit 3. Vehicle deliveries or loading shall not take place on Zane Avenue or within the parking lot. Inventory vehicles must be delivered or loaded elsewhere and driven to and from the site individually. 4. Hours of operation shall be limited to 7 am to 8 pm, Monday through Saturday. 5. Vegetative screening must be maintained in a strip 60 feet wide along the eastern property line as a visual buffer for the adjacent single-family homes. The applicant shall submit a landscape plan to City staff for approval and shall maintain the vegetative screening consistent with the approved landscape plan. 6. Site lighting must comply with all requirements of the City Code without benefit of any legally non -conforming use. 7. This approval is subject to all other state, federal, and local ordinances, regulations, or laws with authority over this development. This permit does not exempt the property owner or occupant from compliance with all provisions of city code, or any other applicable regulations, laws, and ordinances. City of Golden Valley, a Minnesota municipal corporation By: J n Zimt)n State of Minnesota County of Hennepin an, Planning Manager ss This instrument was acknowledged before me on / 2019, by Jason Zimmerman Planning Manager of the City of Golden Wley, a municipal corporation. (Stamp) SUE SCHWALBE Notary Public Minnesota My Commission Expires tan 31, 2022 THIS INSTRUMENT WAS DRAFTED BY: City of Golden Valley 7800 Golden Valley Road Golden Valley, MN 55427 (763) 593-8000 (signature of notarial officer) My commission expires: (m h/day/year) 784 February 12, 2019 Bruce Goldstein Goldstein Law, LLC 2550 Blaisdell Avenue South Minneapolis, MN 55404 Bruce, 1 city �10f IV Gtli c 7800 Golden Valley Road Golden Valley, MN 55427 We received your letter of February 11, 2019, confirming your client's agreement to comply with the landscaping plan requirements in the Conditional Use Permit approved by the City Council on December 4, 2018. Below is a summary of the plan based on our correspondence with you and your client over the last several months. While the completion of some of the items is dependent on the weather, the City expects all of the items will be completed according to the timetable below. Failure to complete these items by the dates indicated in this plan may result in revocation of the Conditional Use Permit. Action Item Completion Date Remove trash from the vegetated buffer at least I On or prior to Memorial Day annually once per year Remove downed trees, fallen branches, and diseased or damaged vegetation throughout the buffer Buckthorn removal — first 10-12' of the buffer Buckthorn removal — remaining portions of the buffer On or prior to Memorial Day, 2019 On or prior to Memorial Day, 2019 On or prior to Labor Day, 2019 Install 16-6' Fat Albert Spruce in locations On or prior to Memorial Day, 2019 approved by the Citv If extenuating circumstances arise that necessitate an extension of any of these deadlines, please contact me to discuss options for completion. Once I have received confirmation from you that these items and dates are correct, I will issue the Conditional Use Permit which will allow storage of dealership inventory to commence. S'ncerely ,son Zim� er ian anning Manager Cc: Maria Cisneros Joel Shapiro Rick Holtgrave 763-593-8000 763-593-8109 .T � 763-593-3968 785 June 14, 2019 Joel Shapiro Shapco Printing 1109 Zane Ave N Golden Valley, MN 55422 Mr. Shapiro, C1 Of ; �t' J alley 7800 Golden Valley Road golden Valley, MN 55427 Thank you for the on -site meeting yesterday. By the end of the conversation, it appeared we had found a way to move forward that will balance the needs of Shapco, the City, and the neighbors who abut the vegetated buffer to the east. The overall goals as dictated by the City Council continue to be clearing invasive, damaged, or diseased vegetation from the buffer and restoring vegetated screening for the properties to the east. We have tentatively agreed on a phased approach to compliance that would roughly follow these steps: 1. Develop and agree on an overall planting scheme for the entire width of the buffer 2. Conclude clearing and planting on the westerly portion of the buffer as Phase 1 3. At the appropriate time, clear and plant on the easterly portion of the buffer as Phase II Responsibilities for Shapco and the City would be shared as follows: Shapco 1. Work with a landscaper to identify the location of quality trees throughout the buffer 2. Submit a concept plan for landscaping to the City for review by August 1, 2019 3. In September of 2019, work to implement Phase I which will likely include additional site clearance and planting of new vegetation (evergreens and/or other screening) in strategic locations 4. Within an agreed upon time, work with the City to implement Phase II within the easterly portion of the buffer City of Golden Valle; 1. Review and advise on proposed landscaping plan in August of 2019 with a final plan to be in place by September 1 2. Once the plan is finalized, communicate with neighbors to explain the process and ask homeowners to clear unauthorized items from the buffer (fence, woodpile, etc.) 3. Help evaluate the success of Phase I in order to advise on moving forward with Phase II In the short term, Shapco will conclude its clean-up of the site, including removal of brush, branches, etc., and the pick-up of trash from the buffer. This needs to be completed by June 30, 2019. Please let me know if you have any questions. a man ager 763-593-8000 763-593-8109 763-593-3968 786 September 5, 2019 Joel Shapiro Shapco Printing 1109 Zane Ave N Golden Valley, MN 55422 Mr. Shapiro, city of valley 7800 Golden Valley Road Golden Valley, MN 55427 This letter is in response to the landscaping plans you submitted on August 26, 2019, for the berm along the east side of the parking lot on Zane Ave. Based on the agreement that was worked out between you, the property owner, and the City in June (see attached), we are unable to approve your plan without additional revisions on your part. As stated in our letter dated June 14, you were to develop a planting scheme for the entire width of the buffer — not just the western half. It is important that staff evaluate a complete plan in order to identify any gaps that may develop as Phase II is implemented on the eastern half of the buffer in future years. In addition, you agreed to work with a landscaper to identify the location of quality trees throughout the buffer — those that are healthy and will be preserved. Having those identified on the plan will allow staff to determine if the shrubs you have proposed are adequate or if new trees will also be needed (your initial plan proposed spruce trees, which provide sufficient year-round screening, in contrast to lilacs which provide screening only in the summer months). The need to significantly revise your plan compounds the issues raised by the late date of submittal and has the potential to threaten missing the planting season for this year altogether. In order to try and salvage the process, please complete the following: 1. Work with a landscaper to identify and document the location of quality trees throughout the entire buffer 2. Submit a concept plan for landscaping throughout the entire buffer to the City for review before September 21, 2019 The City will evaluate your proposal and make every effort to approve a plan before October 5, leaving sufficient time to plant vegetation in 2019. Failure to meet this deadline will result in the City taking action to revoke the Conditional Use Permit that was approved in December of 2018. Thank you for your prompt attention to this matter. incerel Jason Zimm Planning Merger CC: Mike Abrams Eric Eckman, Development and Assets Supervisor 763-593-8000 763-593-8109 763-593-3968 787 September 2019 photos 788 789 790 too r xWeMv November 2022 photos 794 f t .ar� t t h' Golden Valley Speaks Published Comments for November 28, 2022 Planning Commission Meeting Conditional Use Permit Amendment - Shapco - 1109 Zane Ave N MaryPat Gibbs • Nov 27, 2022 • 4:08pm Four years ago, Shapco was issued a Conditional Use Permit. The agreement was that in order to get the CUP, Shapco had to maintain the property behind the parking lot and plant a screening. In August, Shapco clearcut the property behind the neighbors but nothing was planted. Now they want to eliminate the screening part of the agreement that they agreed to 4 years ago. Other concerns: 1. Shapco doesn't maintain their property behind the neighbors on Welcome Circle. The property is littered with dead branches, buckthorn, trash which the neighbors try to deal with. 2. Last summer a huge branch fell on our fence after a storm. We called Shapco and reported this and no one from Shapco called us back nor did they come and remove the tree branch. We had to remove it ourselves and repair our fence. 3. In the 32 years that we've lived in our house, Shapco has not maintained their property. How is it that Shapco is not held accountable for maintaining their property and complying with the Conditional Use Permit Agreement. From my perspective, the Conditional Use Permit should be removed if they can't hold up their agreement. 4. Another concern is the lighting on the Shapco sign and the lighting on the Golden Valley Supply Building. The lights are too bright and should be lowered after business hours. What can be done about that! Address: 1113 Welcome Circle Golden Valley, MN, 55422 Christine Nelson • Nov 20, 2022 • 4:37pm Shapco made a commitment to our community. They have not kept their part of the deal, and it has impacted our neighborhood with the accumulation of trash and buckthorn overgrowth. It is essential that the planning committee uphold the original contract for several reasons. First, our neighborhood is being negatively impacted by the trash. Second, removing the requirements will establish a negative precedent that companies do not need to hold up their agreement. This is not the type of city policies we want to enable. Address: 1310 Welcome Ave N Golden Valley, 55422 796 December 8, 2022 To: Mayor Shep Harris; Maurice Harris, Council Member; Denise La Mere -Anderson, Council Member; Gillian Rosenquist, Council Member; Kimberly Sandberg, Council Member CC: Jason Zimmerman, Planning Division Manager From: MaryPat and William Gibbs, neighbors at 1113 Welcome Circle Regarding: Shapco's Request to Pause Screening behind neighbors on Welcome Circle We are writing as neighbors on Welcome Circle/Welcome Avenue who are affected by Shapco's request to Cancel the Conditional Use Permit granted to them in 2018 to allow them to park non-Shapco cars in their across the street parking lot that abuts Welcome Circle residents. There were nine neighbors at the November 28th Informal Public Hearing to give out reasons why the City Council should not release Shapco from all the CUP. This CUP replaced the deed restriction which had been in place since 1973 which provided a green landscaped space between the neighbors and the light industrial area. In recent years the buffer was not maintained. Therefore, one of the stipulations in the CUP was that Shapco was to provide a vegetative buffer for the easterly neighbors. In 2018, the City Council gave Shapco a Conditional Use Permit (CUP) to store auto sales inventory in the parking lot behind neighbors on Welcome Circle. One of the conditions to receiving the CUP was to put in a screen of trees to protect the homes on Welcome Circle from the visual impact of the parking lot. In 1973 Golden Valley had the foresight to realize the importance of having a Green Space between the single family homes and the industries behind them. This Green Space was planted and included lilacs, crab apple trees, evergreens, willows, ash and maple. It was a beautiful Green Space behind Welcome Circle until invasive species and old trees died. Neighbors tried to maintain the area but over the past several years, the area has become a dumping ground as cars come in and dump trash in various places in the parking lot. This past summer there was evidence of individuals sleeping in the parking lot. In August, the Green Space was clear cut to make way for the screening that was going to be planted by Shapco. It was heartbreaking to learn after everything was cut down that Shapco decided they did not want to abide by the conditions of the CUP that clearly stated that they were to plant a screen. Now it looks like a desert behind our homes and the glaring lights from Golden Valley Supply and Shapco shine in our windows at night. How is it possible for Shapco to go against the conditions of the CUP to plant screening behind the single family homes on Welcome Avenue. We would like to see Shapco keep their word and be held accountable for planting and maintaining the screen behind the houses. We've waited four years for them to be planted. We hope that the Golden Valley City Council will recognize the importance of preserving Green Space within Golden Valley. Things are out of balance as Shapco's needs were addressed when they were given the CUP but the homeowners condition for Green Space is not being enforced even though it was a condition for the Conditional Use Permit. Therefore, the neighbors are asking that the City Council do the following: 1. The City Council deny Shapco's request 2. The City to continue to work with Shapco on the reforestation plan for the buffer 797 3. The City Council set Spring/Summer 2023 for implementation of the landscape plan 4. A maintenance plan be part of the landscape plan Thank you! Sincerely, MaryPat and William Gibbs, 1113 Welcome Circle, Golden Valley, MN 55422 798 7800 Golden Valley Road i Golden Valley, MN 55427 763-593-3992 1 TTY 763-593-3968 1 763-593-8109 (fax) I www.goldenvalleymn.gov Planning Commission REGULAR MEETING MINUTES city Of go1dMj_,'va November 28, 2022 — 6:30 pm Council Chambers Hybrid This meeting was conducted in a hybrid format with in -person and remote options for attending, participating, and commenting. The City used Webex to conduct this meeting and members of the public were able to monitor the meetings by watching it on Comcast cable channel 16, by streaming it on CCXmedia.org, or by dialing in to the public call -in line. 1. Call to Order The meeting was called to order at 6:30 pm by Chair Pockl. Roll Call Commissioners present: E. Brenna, A. Brookins, A. Johnson, L. Pockl, M. Ruby Commissioner absent: S. Ginis, C. Segelbaum Staff present: Jason Zimmerman — Planning Manager, Myles Campbell — Planner Council Liaison absent: Denise La Mere -Anderson 2. Land Acknowledgement 3. Approval of Agenda MOTION made by Commissioner Brookins, seconded by Commissioner Brenna, to approve the agenda of November 28, 2022. Motion carried. 4. Approval of Minutes MOTION made by Commissioner Brookins, seconded by Commissioner Ruby, to approve the meeting minutes of November 14, 2022. Chair Pockl: Abstained. Motion carried 5. Informal Public Hearing —Amendment to Conditional Use Permit No. 163 Applicant: Shapco Printing, Inc. Address: 1109 Zane Avenue North Proposal: To amend the existing CUP to postpone the requirement to provide screening for automobile inventory storage on the surface lot east of Zane Jason Zimmerman, Planning Manager, began by summarizing the current CUP approved by City Council in 2018. The applicant is now requesting a delay in planting the screening that was part of the CUP until they can secure a new lease for inventory storage. This document is available in alternate formats upon a 72-hour request. Please call 763-593-8006 (TTY: 763-593-3968) to make a request. Examples of alternate formats may include large print, electronic, Braille, audiocassette, etc. 799 City of Golden Valley Planning Commission Regular Meeting November 28, 2022 — 6:30 pm Staff reviewed the existing zoning, parking, and went into detail on the restrictive deed prohibiting anything other than employee parking that was removed by Council as part of the 2018 CUP approval. Staff reviewed the conditions required for approval of the CUP and highlighted condition 5. 5. Vegetative screening must be maintained in a strip 60 feet wide along the eastern property line as a visual buffer for the adjacent single-family homes. The applicant shall submit a landscape plan to City staff for approval and shall maintain the vegetative screening consistent with the approved landscape plan. Staff reviewed the history of actions as they relate to preparing for the planting condition. Cleanup began in 2019 but during Covid there was growth of invasive vegetation. In 2021, staff and the applicant had a lengthy email exchange and landscape review was performed; no action by the applicant was taken. In 2022, site work was conducted to remove vegetation, but again nothing was planted and the applicant cited financial challenges in watering and maintaining the new vegetation. As such, the applicant is requesting the screening requirement to be paused until another auto dealer is interested in utilizing the lot for storage. Staff reviewed the initial CUP meeting and discussed the impacts of the applicant failing to comply with conditions. Staff added that absent an amendment, the City's remedy for non-compliance is to revoke the CUP allowing auto inventory storage. Currently, the natural resource staff support installation of the vegetative screening and prefer that the existing invasive vegetation be managed. Recommended Action Based on the finding above, staff recommends denial of the amendment to Conditional Use Permit No. 163 which would suspend the screening requirement pending future use of the lot for auto inventory storage. Commissioner Johnson clarified that the amendment is to continue storage but the applicant is requesting a pause on the condition listed to create a vegetative screening until they obtain a new storage tenant. Staff confirmed. Commissioner Brookins asked about the deed restriction on the property and how the zoning will change if the CUP is removed. Staff replied that it would return to a light industrial zoning. Staff reviewed the history of the deed restriction being enveloped in the CUP, noxious weed regulation, and the screening regulation. The discussion moved on to the potential CUP revocation and Council's participation in that decision. Chair Pockl invited the applicant to speak. Joel Shapiro, applicant, addressed the Commission and staff. He started by saying the tenant they had, left when Covid started and thus there's no inventory to hide with the requested vegetation. The area is cleared but not planted because the applicant states there's not a water resources nearby and if planting had occurred it would have died from drought. The applicant added 800 City of Golden Valley Planning Commission Regular Meeting November 28, 2022 — 6:30 pm concerns about new construction across the street and added that city staff once told him he could use the fire hydrant for his watering. The applicant added that staff today did not address that. The applicant added that before his company purchased the building, it was empty and dilapidated; it's now very improved. Commissioner Brenna asked if the applicant has a landscaper as they often have water trucks that come in and water vegetation. The applicant responded that is too expensive. Commissioner Brookins stated it has been 3-4 years since the original CUP was granted and asked the applicant if they submitted a written plan to the City. Staff responded that a few plans were submitted but staff does not have a current plan approved as the request is to pause. Brookins added that most applicants present a plan formulated by their own experts noted this particular CUP has provisions stating the applicant is to submit a plan to the City for review and approval. Commissioner Johnson asked the applicant if the issue of watering ever came up when the original CUP was approved and it was determined the applicant only realized it was a concern recently. The applicant offered alternatives, such as neighbors watering the vegetation. The applicant added the neighbors have historically used that area to dump. Chair Pockl confirmed with the applicant that he was the original applicant for the CUP, that he originally agreed to the condition to maintain the greenspace/vegetation, and she asked if he ever intended to fulfill that condition. The applicant states he did but Covid and planting concerns arose and then he realized there wasn't a water source. The applicant added he does not own the property but rather is a tenant of the property. Chair Pockl opened the public forum at 7:04pm. Chair Pockl noted that two comments were received via Golden Valley Speaks and are on record. Andrea Johnson 105 Welcome Cir The property was well maintained until 2018, there is a storm drain in the area so the vegetation does receive moisture. The areas where the vegetation was removed thistle grew. I regularly check that area as I have a small child and want to make sure there isn't anything dangerous and I want to make sure the wild animals can pass through easily. Now the area is overrun with thistle and they're forced to go through my yard. My question is, if the CUP was allowed because of the maintenance agreement, why were the old trees removed when there wasn't a watering plan for new trees. The buffer is gone, we're exposed to early noises and lights at night. The area was destroyed when it was supposed to be maintained. Richard Dubiak 1109 Welcome Circ. I'm new to the neighborhood but I'm concerned over the delay in the applicant fulfilling the maintenance agreement on the vegetation. The applicant states he'll fulfill the steps when he has a new tenant but why shouldn't he have the area maintained before seeking new business. The area is poorly maintained and the vegetation encroaches and falls on our fences. We maintain what we can but there are a few trees that need to be removed due to ash borer. 801 City of Golden Valley Planning Commission Regular Meeting November 28, 2022 — 6:30 pm Anne Bennion 1125 Welcome Cir I was here when the CUP was issued, I was against it because the neighborhood had protection with the deed restriction. Now we're in a situation where we will be exposed if the CUP is removed. We're mentioning the plantings but maybe a fence is more appropriate. There's an area west of us and the have a buffer that is doing extremely well. They maintain it but there isn't excessive watering occurring. The CUP should remain until trees are planted or a fence is put up, regardless the neighbors should have some protection. Additionally, the lights are not dimmed at night. Mike Nelson 1310 Welcome Ave N I can appreciate the applicant's comments and have even done business with Shapco. If the Commission allows the applicant to not have the conditions of the CUP enforced, it will set a precedence for future CUPS. Mary Pat Gibbs 1113 Welcome Cir. 32 years ago, the area behind us was beautiful with lilacs, trees, and bushes. I take issue with the applicant comments on the neighbors not maintaining the area. I used to mow the area until we installed a fence. I have planted trees and evergreens. Every spring many of us pick up trash from over the winter and I've never seen a boat as the applicant stated. The area now looks stark and I don't understand how the applicant can make an agreement with the City and then not follow it. As a resident, I have to follow City Ordinances otherwise I receive notice in the mail. William Gibbs 1113 Welcome Cir. I take issue with the applicant accusing the neighbors of throwing trash in the green space. I've maintained the area, picked up trash, planted trees, and maybe the junk he found is from others coming in his parking lot. The applicant states water is an issue but I don't think it's a valid excuse for not maintaining the agreement as that should be part of his landscaping plan. Small plants and shrubs won't screen so we'd like to see bigger plantings. Pam Wandzel 1220 Welcome Ave N I've been here 31 years and our neighborhood has come before the commission a few times due to zoning. Our neighborhood is a tight community and I would hate to see anything destroy the integrity of that community. When the Council agrees to certain requirements for a CUP, those agreements should be followed. Ryan Thompson 1200 Welcome Ave N There were a lot of promises made with the original CUP and it would be disappointing if the 802 City of Golden Valley Planning Commission Regular Meeting November 28, 2022 — 6:30 pm Commission and Council allowed the applicant to go back on those promises. I hope the group will take that precedence under consideration. John Giese 1132 Welcome Circle I know the balance of residential and commercial, I used to live on Golden Valley Road so this isn't my first experience with the combination. It's possible to have a good working relationship between residents and business owners, it's not an "us against them" situation. If the applicant would talk to the residents, they'd see we're reasonable. Established native species don't require a lot of water, they flourish. There were agreements made with the CUP and they should be enforced. There were no remote callers/commenters. Chair Pockl closed the public hearing at 7:28pm. Staff addressed some of the concerns stated by neighbors. The lights on site are compliant as they were addressed in the original CUP. The sign on the building has always been lit but it's visible now due to the lack of buffer. New zoning codes are addressing overnight lights. When the original CUP was created, there was a landscaping plan that the City attorney and the applicant's attorney worked out, it was a three-phase plan. This was to address invasive removal but the plan was not to clear cut all vegetation. Originally 15-16 spruce trees were supposed to be planted, then when the cutting occurred, planting did not follow. The lack of new plantings left space for new invasives to grow and then further cutting occurred. After all this, the water issue was raised. The applicant called staff the morning of this meeting to discuss using the fire hydrant as a water source. Staff engineers did have a conversation with the applicant and they told the applicant use of the hydrate is not an option. There is a water hook up on the Shapco site and staff informed the applicant that could be used. It's not the City's responsibility to create a plan for the applicant to maintain the landscaping they agreed to at the original CUP as it's included in the agreement. Additionally, the Council felt vegetation was a better barrier than a fence and the cost of a fence could have been prohibitive. Staff and the Commission discussed what would happen if the CUP was revoked and how vegetation would be regulated. The applicant requested to address the Commission one more time and Chair Pockl granted him one last comment. The applicant apologized for offending the residents who spoke today. He added that he appreciated the comment from the last resident about working together to find a solution and challenged staff to take that into consideration. The applicant stated the reason the vegetation 803 City of Golden Valley Planning Commission Regular Meeting November 28, 2022 — 6:30 pm agreement hasn't occurred is because Planning staff has not worked with him to come to an agreement. The applicant stated he warned staff that if they took down as many trees as they did that the neighbors would be upset but staff told him that the vegetation would grow. The applicant followed up by stating they did as they were told and now he's not surprised by the comments received at the hearing. Chair Pockl stated that when an applicant requests a CUP and agrees to the conditions, it's the applicant's responsibility to abide by the agreement. There is non-compliance by the applicant and does not seem to be the fault of the City as it appears there was a plan in place. There needs to be compliance in place with the CUP that was granted in 2018. Commissioner Brenna echoed this and added that as a forester, the watering is not a barrier. Based on the 2018 agreement there are 16 6-foot spruce trees and they don't require extensive watering. There is a water source on site that can be used and the applicant agreed to the plan and there should be follow through. Commissioner Johnson added that from his years on the BZA they reviewed the attempts the applicant made prior to requesting a variance. Based on that data, it was clear to the Board if a request was warranted. In this case, not everything has been attempted and staff's responsibility is to interpret the rules and share that. Johnson continued that in the end, staff is trying to enforce the City rules, the applicant is looking out for his business, and thus far CUP requirements have never been waived and this isn't a good time to start; therefore, he recommends denial of the request. Commissioner Brookins noted that the CUP agreement states if there is a pause after 12 months prior to completion, the CUP is void. Staff responded that the original CUP was agreed on in early winter 2018 so they knew it wouldn't be acted on until the following spring. Then Covid started and when things were starting up again, staff had a plan in place with the applicant. The site was cleared in the spring and by late summer 2022 it was clear to staff the planting wasn't happening. Staff was doing their best to work with the applicant and staff does not have the authority to deviate from the CUP agreement as mandated by City Council. Commissioner Brookins noted that in meeting minutes from the original CUP agreement, the screening requirement was a topic of conversation and not an afterthought; the applicant seemed to be aware of the requirements. MOTION made by Commissioner Brookins seconded by Chair Pockl to recommend denial of the amendment to Conditional Use Permit No. 163 which would suspend the screening requirement pending future use of the lot for auto inventory storage. Motion Passes Brookins added he would encourage the Council to consider enforcing the zoning language or provide direction on when they will enforce the requirements in the code/CUP. 6. Informal Public Hearing — Zoning Text Amendment — Updates to the Mobile Use Code Applicant: City of Golden Valley Proposal: To adjust the requirements related to permitting for mobile vending uses 804 OPTION 1 ORDINANCE NO. 756 AN ORDINANCE AMENDING THE CITY CODE Approval of Conditional Use Permit Number 163, Amendment 1 1109 Zane Avenue North Shapco Printing, Inc., Applicant The City Council for the City of Golden Valley hereby ordains as follows: Section 1. City Code Chapter 113 entitled "Zoning" is amended in Section 113-55, Subd. b, and Section 113-96, by approving a Conditional Use Permit for a certain tract of land (parking lot) located east of 1109 Zane Avenue North, thereby allowing for surface lot storage of automobile sales inventory in a Light Industrial Zoning District. This Conditional Use Permit is approved based on the application materials and plans submitted by the applicant, staff memos, public comments and information presented to the Planning Commission and City Council, and findings recommended by the Planning Commission. This Conditional Use Permit is approved pursuant to City Code Section 113- 30, Subd. g, and adopted by the City Council on December 20, 2022. This Conditional Use Permit is subject to all of the terms of the permit to be issued including, but not limited to, the following specific conditions: 1. Storage is authorized for automobile and light truck dealership sales inventory only and shall not extend to other vehicles or equipment. 2. The maximum number of spaces for permitted for inventory storage shall be limited to 176 and sufficient parking spaces to satisfy the zoning requirements for the business at 1109 Zane Avenue North shall be maintained. 3. Vehicle deliveries or loading shall not take place on Zane Avenue or within the parking lot. Inventory vehicles must be delivered or loaded elsewhere and driven to and from the site individually. 4. Hours of operation shall be limited to 7 am to 10 pm, Monday through Saturday. 5. Site lighting must comply with all requirements of the City Code without benefit of any legally non -conforming use. 6. This approval is subject to all other state, federal, and local ordinances, regulations, or laws with authority over this development. Section 2. The tract of land affected by this ordinance is legally described as follows: Lot 13 and the Northwesterly 85.00 feet of Lot 9, also the northeasterly 40.00 feet of the northwesterly 110.00 feet of Lot 12 and that part of Lot 12 lying southeasterly of the northwesterly 110.00 feet thereof, also the northeasterly 65.00 feet of Lot 1 and that part of Lot 2 lying southeasterly of the northeasterly extension of the southeasterly line of the northwesterly 90.00 feet of Lot 6 all in the plat of Lindsay's Second Addition, Block 1, according to the recorded plat thereof, Hennepin County, Minnesota. Section 3. City Code Chapter 1 entitled "General Provisions" and Sec. 1-8 entitled "General Penalty; Continuing Violations" are hereby adopted in their entirety, by reference, as though repeated verbatim herein. 805 Ordinance No. 756 -2- December 20, 2022 Section 4. This ordinance shall take effect from and after its passage and publication as required by law. Adopted by the City Council this 20th day of December, 2022. /s/Shepard M. Harris Shepard M. Harris, Mayor ATTEST: /s/Theresa J. Schyma Theresa J. Schyma, City Clerk M OPTION 2 ORDINANCE NO. 756 AN ORDINANCE AMENDING THE CITY CODE Approval of Conditional Use Permit Number 163, Amendment 1 1109 Zane Avenue North Shapco Printing, Inc., Applicant The City Council for the City of Golden Valley hereby ordains as follows: Section 1. City Code Chapter 113 entitled "Zoning" is amended in Section 113-55, Subd. b, and Section 113-96, by approving a Conditional Use Permit for a certain tract of land (parking lot) located east of 1109 Zane Avenue North, thereby allowing for surface lot storage of automobile sales inventory in a Light Industrial Zoning District. This Conditional Use Permit is approved based on the application materials and plans submitted by the applicant, staff memos, public comments and information presented to the Planning Commission and City Council, and findings recommended by the Planning Commission. This Conditional Use Permit is approved pursuant to City Code Section 113- 30, Subd. g, and adopted by the City Council on December 20, 2022. This Conditional Use Permit is subject to all of the terms of the permit to be issued including, but not limited to, the following specific conditions: 1. Storage is authorized for automobile and light truck dealership sales inventory only and shall not extend to other vehicles or equipment. 2. The maximum number of spaces for permitted for inventory storage shall be limited to 176 and sufficient parking spaces to satisfy the zoning requirements for the business at 1109 Zane Avenue North shall be maintained. 3. Vehicle deliveries or loading shall not take place on Zane Avenue or within the parking lot. Inventory vehicles must be delivered or loaded elsewhere and driven to and from the site individually. 4. Hours of operation shall be limited to 7 am to 10 pm, Monday through Saturday. 5. Vegetative screening must be maintained in a strip 60 feet wide along the eastern property line as a visual buffer for the adjacent single-family homes. The applicant shall submit a landscape plan to City staff for approval and shall install the vegetative screening consistent with the approved landscape plan no later than May 15, 2023. 6. Site lighting must comply with all requirements of the City Code without benefit of any legally non -conforming use. 7. This approval is subject to all other state, federal, and local ordinances, regulations, or laws with authority over this development. Section 2. The tract of land affected by this ordinance is legally described as follows: Lot 13 and the Northwesterly 85.00 feet of Lot 9, also the northeasterly 40.00 feet of the northwesterly 110.00 feet of Lot 12 and that part of Lot 12 lying southeasterly of the northwesterly 110.00 feet thereof, also the northeasterly 65.00 feet of Lot 1 and that part of Lot 2 lying southeasterly of the northeasterly extension of the southeasterly line of the northwesterly 90.00 feet of Lot 6 all in the plat of Lindsay's Second Addition, Block 1, according to the recorded plat thereof, Hennepin County, Minnesota. 807 Ordinance No. 756 -2- December 20, 2022 Section 3. City Code Chapter 1 entitled "General Provisions" and Sec. 1-8 entitled "General Penalty; Continuing Violations" are hereby adopted in their entirety, by reference, as though repeated verbatim herein. Section 4. This ordinance shall take effect from and after its passage and publication as required by law. Adopted by the City Council this 20th day of December, 2022. /s/Shepard M. Harris Shepard M. Harris, Mayor ATTEST: /s/Theresa J. Schyma Theresa J. Schyma, City Clerk M pity °f l[JTIVE SUMMARY golden Val Physical Development 763-512-2345 / 763-512-2344 (fax) Golden Valley City Council Meeting December 20, 2022 Agenda Item 4C. Zoning Text Amendment - Updates to Mobile Vending Regulations, Ordinance No. 754 Prepared By Myles Campbell, Planner Summary At its November 15th meeting, the City Council approved the 2023 Master Fee Schedule. One revision to the fee schedule was a change in how fees for mobile vendors were assessed and collected. Starting for 2023, the City will collect a vendor registration for individual food trucks and an event permit for either short-term (1-3 days) or seasonal locations. The revisions to the zoning code were relatively minor, mostly clarifying the new registration requirement and making reference to the City's Fee Schedule. The item passed unanimously at Planning Commission. See the attached copy of the meeting minutes for more information on this discussion. Financial or Budget Considerations The changes to fees reduced the overall burden on individual vendors, but numbers were decided upon by staff in Planning and Parks and Recreation. Staff time associated with permit intake and review was considered, and staff does not believe there will be any issues with covering these typical costs under the new structure. Legal Considerations As a Zoning Text Amendment, this item is a public hearing and will only appear here at the Council tonight if approved, as it does not require a second reading. Equity Considerations The new fee structure should be beneficial to all individual mobile vendors, and opens up more cost effective opportunities in Golden Valley. These should also be of benefit to BIPOC-owned or DBE vendors. Recommended Action Motion to adopt Ordinance No. 754 amending Sec. 113-31 Temporary Uses in order to update regulations for Mobile Vendors to match the Master Fee Schedule. Supporting Documents • Pages from PC Minutes 11-28-22 :M • Ordinance No. 754 - Mobile Use Fees 810 7800 Golden Valley Road i Golden Valley, MN 55427 763-593-3992 1 TTY 763-593-3968 1 763-593-8109 (fax) I www.goldenvalleymn.gov Planning Commission REGULAR MEETING MINUTES city Of go1dMj_,'va November 28, 2022 — 6:30 pm Council Chambers Hybrid This meeting was conducted in a hybrid format with in -person and remote options for attending, participating, and commenting. The City used Webex to conduct this meeting and members of the public were able to monitor the meetings by watching it on Comcast cable channel 16, by streaming it on CCXmedia.org, or by dialing in to the public call -in line. 1. Call to Order The meeting was called to order at 6:30 pm by Chair Pockl. Roll Call Commissioners present: E. Brenna, A. Brookins, A. Johnson, L. Pockl, M. Ruby Commissioner absent: S. Ginis, C. Segelbaum Staff present: Jason Zimmerman — Planning Manager, Myles Campbell — Planner Council Liaison absent: Denise La Mere -Anderson 2. Land Acknowledgement 3. Approval of Agenda MOTION made by Commissioner Brookins, seconded by Commissioner Brenna, to approve the agenda of November 28, 2022. Motion carried. 4. Approval of Minutes MOTION made by Commissioner Brookins, seconded by Commissioner Ruby, to approve the meeting minutes of November 14, 2022. Chair Pockl: Abstained. Motion carried rural Public Hearing —Amendment to Conditional Use Permit No. 163 p apco Printing, Inc. Address: 11 ue North Proposal: To amend the e P to postpo uirement to provide screening for automobile inventory storage on the east of Zane Jason Zimmer ing Manager, began by summarizi rent CUP approved by City Coun The applicant is now requesting a delay in planting the that was part of P until they can secure a new lease for inventory storage. This document is available in alternate formats upon a 72-hour request. Please call 763-593-8006 (TTY: 763-593-3968) to make a request. Examples of alternate formats may include large print, electronic, Braille, audiocassette, etc. 811 City of Golden Valley Planning Commission Regular Meeting November 28, 2022 — 6:30 pm agree ed is because Planning staff has not worked with n agreement. The applican s taff that ' as many trees as they did that the neighbors would be upset tation would grow. The applicant followed up b s t ey were told and now he's not s ments e earing. r Pockl stated that when an applicant requests a CUP and agrees to the conditions, it's the app i esponsibility to abide by the agreement. There is non-compliance by the a and does not see the fault of the City as it appears there was a plan in place needs to be compliance in place e CUP that was granted in 2018. Commissio nna echoed this and added that as a forester, the 'ng is not a barrier. Based on 8 agreement there are 16 6-foot spruce trees and they don't r extensive wa ere is a water source on site that can be used and the applicant agreed to the ere should be follow through. Commissioner Johnson added that from rs o ZA they reviewed the attempts the applicant made prior to requesti lance. Based on th it was clear to the Board if a request was warranted. I ase, not everything has been attem d staff's responsibility is to interpret the r share that. Johnson continued that in the end, s ing to enforce the City r e applicant is looking out for his business, and thus far CUP requir have n en waived and this isn't a good time to start; therefore, he recommends denial o Mquest. sioner Brookins noted that the CUP agreement states if there is a pause after 12 mo prior to on, the CUP is void. Staff responded t iginal CUP was agreed on in early winter 2018 new it wouldn't be acted on until the follow . Then Covid started and gs were starting up again, staff had a plan in place with the app e site e in the spring and by late summer 2022 it was clear to staff the planting warn' Staff was doing their best to work with the applicant and staff does not hav ority to devia e CUP agreement as mandated by City Council. Commission ns noted that in meeting minutes from the original C ent, the scr quirement was a topic of conversation and not an afterthought; the app i ed e aware of the requirements. N made by Commissioner Brookins seconded by Chair Pockl to recommend amen tional Use Permit No. 163 which would suspend requirement pending future use o inventory stora Motion Passes Brookins encourage the Council to consider enforcin anguage or erection on when they will enforce the requirements in the code/CUP. 6. Informal Public Hearing — Zoning Text Amendment — Updates to the Mobile Use Code Applicant: City of Golden Valley Proposal: To adjust the requirements related to permitting for mobile vending uses 812 City of Golden Valley Planning Commission Regular Meeting November 28, 2022 — 6:30 pm Myles Campbell, Planner, reminded members that the mobile vending code was recently amended to include mobile uses beyond food trucks. Additionally, the fee schedule was reviewed due to these changes, specifically the permit fees around trucks attending local businesses or reoccurring events. Staff reviewed the specifics of the fee schedule. By updating the fee schedule, staff updated the City Ordinances surrounding these permits and fees as well. Commissioners and staff reviewed historical fees and the new proposed fees by comparison. Recommended Action Staff recommends approval of the zoning text amendment for Sec. 113-31 Temporary Uses in order to update the text to match the Master Fee Schedule. Chair Pockl opened the public hearing at 7:59pm. There were no in person commenters. There were no remote commenters. Chair Pockl closed the public hearing at 8:02pm. Commissioners and staff reviewed the budget impacts of these fee schedule changes and staff time. MOTION made by Chair Pockl and seconded by Commissioner Brookins to recommend approval of the zoning text amendment for Sec. 113-31 Temporary Uses in order to update the text to match the Master Fee Schedule. Motion Passes 7. Informal Public Hearing —Zoning Text Amendment —Amending Membership Requirements for Board of Zoning Appeals Applicant: City of Golden Valley Proposal: To expand the term lengths for BZA members from one to three years Myles Campbell, Planner, reminded the group that the City was reviewing the Board and Commission term limits. The Board of Zoning Appeals already has designated one-year term limits and the new three-year term limits require an amendment and approval. Staff called out the rotating PC member as well as the BZA Youth Member. The proposed language also matches what the other Boards and Commissions will follow, thus creating continuity. Recommended Action Staff recommends approval of the zoning text amendment for Sec. 113-27, amending the membership requirements for the Board of Zoning Appeals. 813 ORDINANCE NO. 754 AN ORDINANCE AMENDING THE CITY CODE Amending Chapter 113-31 of Zoning in order to Clarify the Method of Fee Collection for Mobile Vendors The City Council for the City of Golden Valley hereby ordains as follows: Section 1. City Code Section 113-31, Article II, Subdivision (d)(1) Mobile Vendors and Services is amended to read as follows (1) Mobile Vendors and Services. The City Manager or their designee may issue a permit for a mobile vendor or service provider, as defined below, to operate for a temporary period within the City at a specific location. This permit will be valid for a time to be determined based on the type of mobile use as well as the underlying zoning for the location specified by the permit. Any application shall include the application fee amount established by the City Council in the Master Fee Schedule, and such fee shall be not refundable if the permit is denied or the applicant withdraws or otherwise ceases operation or use of the permit. Section 2. City Code Section 113-31, Article II, Subdivision (d)(1)(b)Permit Duration and its associated table is amended to read as follows: b. Permit Duration. A temporary permit for any mobile vendor or service provider shall be subject to a restriction on the amount of time it can operate and occupy a given location. This duration shall be determined by the type of use and its location, as shown in the table below. For Mobile Food Vendors, a seasonal event permit valid for the calendar year is permitted in the Commercial, Office, Light Industrial, Industrial, and Mixed Use Zoning Districts. Zoning District(s) Mobile Mobile Mobile Food Assistive Retail/Service Vendor Services Vendors Single -Family <_ 1 day - - Residential Moderate Density <_ 1 day - - Residential Medium Density <_ 1 day <_ 3 days - Residential High Density <_ 1 day <_ 3 days - Residential Commercial * <_ 3 days <_ 3 days - 814 Ordinance No. 754 -2- December 20, 2022 Mixed Use (MU-N, MU-C, MU-E) * <_ 3 days <_ 3 days <_ 3 days Light Industrial/Industrial <_ 3 days <_ 3 days - Office * <_ 3 days <_ 3 days - Institutional- Assembly <_ 3 days <_ 3 days - Institutional -Medical <_ 3 days <_ 3 days - Institutional -Civic <_ 3 days <_ 3 days <_ 3 days Institutional -Parks & Natural Areas <_ 3 days <_ 3 days <_ 3 days * Mobile Food Vendors allowed a seasonal event permit in these districts Section 3. This ordinance shall take effect from and after its passage and publication as required by law. Adopted by the City Council this 20th day of December, 2022. /s/Shepard M. Harris Shepard M. Harris, Mayor ATTEST: /s/ Theresa J. Schyma Theresa J. Schyma, City Clerk 815 pity °f l[JTIVE SUMMARY golden Val Physical Development 763-512-2345 / 763-512-2344 (fax) Golden Valley City Council Meeting December 20, 2022 Agenda Item 4D. Zoning Text Amendment - Updates to the Official Zoning Map Requirements, Ordinance No. 755 Prepared By Jason Zimmerman, Planning Manager Summary As a final housekeeping step associated with the zoning implementation resulting from the City's 2040 Comprehensive Plan, staff are recommending updating the code requirements associated with the Official Zoning Map in order to simplify and improve the process of sharing this information. Background Chapter 462 of the Minnesota Statutes provides the authority for municipalities to adopt both a zoning ordinance and a zoning map. In 2001, Golden Valley took the step of codifying the elements necessary to be included on the City's Official Zoning Map. These included not only the list of zoning districts, but also the signature of the Mayor, attestation by the City Clerk, the City seal, and the date of the adoption of the ordinance. Further, any future amendments were required to be written on the map along with the ordinance or resolution number and the date of the enactment. The outcome is that the zoning map appears to be partially "frozen in time" with signatures of the Mayor and City Clerk from 2002 and a table of amendments that simply reads "Visit City Hall for a list of amendments approved since adoption." Proposal In conversations with the City Attorney, staff have confirmed that the signature of the Mayor and City Clerk are not necessary due to any State requirement, nor the inclusion of the City seal. Staff recommends removing these items in order to provide additional space for the map legend and details regarding the zoning districts. In addition, the table of approved amendments — which is currently not being utilized — should be replaced with a statement that documents only the most recent amendment and directs users to contact City Hall for a full list or any additional information. Proposed language is attached. Finally, with the recent redesign of the City web site, staff has noticed that the Official Zoning Map is not currently available for download. This is being addressed separately with the assistance of the City's GIS Specialist and Communications staff. 816 Discussion at Planning Commission There was no public comment on this item. The Planning Commission agreed that the proposed text amendment would allow for an improved zoning map. Financial or Budget Considerations None Legal Considerations The proposed zoning text amendment was drafted in consultation with the City Attorney. Equity Considerations The proposal is consistent with the pillar of the City's Equity Plan that calls for Providing Unbiased Programs and Services in that it removes potential barriers to access by requiring a digital copy of the Official Zoning map be provided via the City's website. Recommended Action Motion to approve Ordinance No. 755 amending the zoning text to update the requirements associated with the official zoning map. Supporting Documents • Memo to the Planning Commission dated November 28, 2022 • Selected Planning Commission Minutes dated November 28, 2022 • Official Zoning Map • Underlined/Overstruck draft language • Ordinance No. 755 - Update Requirements Associated with the Official Zoning Map 817 city of golden,0111*4101 valley Date: November 28, 2022 u "Eel 10 IM, 10 1 !" Physical Development Department 763-593-80951763-593-8109 (fax) To: Golden Valley Planning Commission From: Jason Zimmerman, Planning Manager Subject: Zoning Text Amendment - Updates to the Official Zoning Map Requirements — Informal Public Hearing Summary As a final housekeeping step associated with the zoning implementation resulting from the City's 2040 Comprehensive Plan, staff are recommending updating the code requirements associated with the Official Zoning Map in order to simplify and improve the process of sharing this information. Background Chapter 462 of the Minnesota Statutes provides the authority for municipalities to adopt both a zoning ordinance and a zoning map. In 2001, Golden Valley took the step of codifying the elements necessary to be included on the City's Official Zoning Map. These included not only the list of zoning districts, but also the signature of the Mayor, attestation by the City Clerk, the City seal, and the date of the adoption of the ordinance. Further, any future amendments were required to be written on the map along with the ordinance or resolution number and the date of the enactment. The outcome is that the zoning map appears to be partially "frozen in time" with signatures of the Mayor and City Clerk from 2002 and a table of amendments that simply reads "Visit City Hall for a list of amendments approved since adoption." Proposal In conversations with the City Attorney, staff have confirmed that the signature of the Mayor and City Clerk are not necessary due to any State requirement, nor the inclusion of the City seal. Staff recommends removing these items in order to provide additional space for the map legend and details regarding the zoning districts. In addition, the table of approved amendments — which is currently not being utilized — should be replaced with a statement that documents only the most 818 recent amendment and directs users to contact City Hall for a full list or any additional information. Proposed language is attached. Finally, with the recent redesign of the City web site, staff has noticed that the Official Zoning Map is not currently available for download. This is being addressed separately with the assistance of the City's GIS Specialist and Communications staff. Recommended Action Staff recommends approval of the zoning text amendment for Sec. 113-56 Official Zoning Map in order to update the requirements associated with the map. Attachments • Draft Underlined/Overstruck Zoning Text (1 page) • Official Zoning Map (1 page) Pa 819 City of Golden Valley Planning Commission Regular Meeting 8 November 28, 2022 — 6:30 pm Chair Pockl opened the public hearing at 8:09 pm. There were no in person commenters. There were no remote commenters. Chair Pockl closed the public hearing at 8:11 pm. MOTION made by Commissioner Brenna and seconded by Commissioner Johnson to recommend approval of the zoning text amendment for Sec. 113-27, amending the membership requirements for the Board of Zoning Appeals. Motion Passes 8. Informal Public Hearing —Zoning Text Amendment —Updates to the Official Zoning Map Requirements Applicant: City of Golden Valley Proposal: To update the requirements of items included on the Official Zoning Map Jason Zimmerman, Planning Manager, stated the official zoning map is defined in the zoning code and indicates a number of additional requirements such as a city seal, signatures of both the Mayor and City Clerk. These requirements are not State statute, they were a local designation. The City Attorney and staff suggest that removing these elements help maintain clarity moving forward. Staff noted the Zoning Code where these details are outlined and the edits to mirror the zoning map changes. Recommended Action Staff recommends approval of the zoning text amendment for Sec. 113-56 - Official Zoning map in order to update the requirements associated with the map. Commissioner Johnson thanked staff for the work they've done on making the zoning code easier to read and asked about tying the code amendments to the map. Staff responded they'd have to talk to IT and see if the technology is there and to see what that possibility is. Chair Pockl opened the public hearing at 8:15 pm. There were no in person commenters. There were no remote commenters. Chair Pockl closed the public hearing at 8:17 pm. MOTION made by Commissioner Brookins and seconded by Commissioner Ruby to recommend approval of the zoning text amendment for Sec. 113-56 - Official Zoning map in order to update the requirements associated with the map. Motion Passes 820 (6 -O Q N m-0 o m o 0 o = a a Q � L 0 -o ff E � E N m 1 .. 0 0 N -g Q o E o a� m m 2 E w E o o > .Q Q Q Q E 0 w Z 0o m o m m o F o o _ o Y o 0 o o m E o C= Y m > o o m E om o 0 0 -° �_ (� m E o� - O a p � O) N E N J N U -O =d N -°O °� m o U� otF O -O C) o O o En m m m O ol o e a v Ym v� om 9 o v SllOd tl3N NIW 10 IlOd tl3NNIW d0 Al IO - - —t - - ��... 3a BI r, °@ v� oom SllOdtl3N - —_. - x H __ 6 y5� e° v �6 g s o od s th 3 • a e .ram 5' -�IJ-r.,.ea z m "fit m .m R g R - v r io m a A� � � -� 'yam , '- - -.: = - al°z � � �g • I " a a� % x o i �' iiiiiiiiiliiiWUlWe„• � t 5 „m S� a e 8g µ N a�g :nF _- 1�/ - gbn .ert Un iL v . of g n a I e e a d0 All0 n o aVd d0 Ai o ���OWAId Sec. 113-56. - Official Zoning Map. (a) Map Elements. The Official Zoning Map, together with all explanatory information or descriptions, is adopted by reference and declared to be a part of this chapter. The Official Zoning Map shall show the division of the City into zoning districts and include a legend, scale, any other information which may be relevant for the interpretation of the map, and shall bear e the words: "This is tG GeFtify that this is the Official Zoning Map referred to in the Zoning Chapter of the City Code of the City of Golden Valley," together with the date of adoption of the ordinance from which this section is derived. (b) Amendments. If changes are made in district boundaries or other matters depicted on the Official Zoning Map, such changes shall be inscribed on the Official Zoning Map promptly after the amendment has been approved (or the permit has been issued) by the City Council together with an entry on the Official Zoning Map reflecting the number and date of enactment of the amending ordinance or resolution which effected the change. (c) Availability. The Official Zoning Map shall be posted for download on the City's website and shall be available upon reauest in the Phvsical Development Department office at the Citv Hall. (d) Unauthorized Changes. Any unauthorized change of the Official Zoning Map of whatever kind by a person is unlawful. (e) Vacations. Whenever any street, alley, or other public way is vacated by official action of the City Council, the zoning districts adjoining each side of such street, alley, or public way shall be automatically extended to the center of such vacation, and all area included in the vacation shall then be subject to all regulations applicable to the extended districts, provided that if, in the judgment of the City Attorney, the vacated street, alley, or public way does not become property of the adjoining landowners, then such automatic extension does not take place. 822 ORDINANCE NO. 755 AN ORDINANCE AMENDING THE CITY CODE Amending Chapter 113 -Zoning in Order to Update Requirements Associated with the Official Zoning Map The City Council for the City of Golden Valley hereby ordains as follows: Section 1. City Code Section 113-56, Article III, Division 1, Subsection (a) is amended to read as follows: Map Elements. The Official Zoning Map, together with all explanatory information or descriptions, is adopted by reference and declared to be a part of this chapter. The Official Zoning Map shall show the division of the City into zoning districts and include a legend, scale, any other information which may be relevant for the interpretation of the map, and shall bear the words: "This is the Official Zoning Map referred to in the Zoning Chapter of the City Code of the City of Golden Valley," together with the date of adoption of the ordinance from which this section is derived. Section 2. City Code Section 113-56, Article III, Division 1, Subsection (c) is added, with all subsequent sections renumbered accordingly: Availability. The Official Zoning Map shall be posted for download on the City's website and shall be available upon request in the Physical Development Department office at the City Hall. Section 3. This ordinance shall take effect from and after its passage and publication as required by law. Adopted by the City Council this 20th day of December, 2022. /s/ Shepard M. Harris Shepard M. Harris, Mayor ATTEST: /s/ Theresa J. Schyma Theresa J. Schyma, City Clerk 823 Review of Council Calendar Event Event Time Location City Offices Closed for Christmas Eve (observed) Monday, December 26 Citv Offices Closed for Christmas Dav (observed) City Offices Closed for Observance of New Years Day Tuesday, January 3 City Council Meeting 6:30 PM Hybrid - Council Chambers Sunday, Winter Market in the Valley (Indoors) 10:00 AM — 1:00 PM Brookview Bassett Creek Room Council Work Session 6:30 PM Hvbrid - Council Conference Room Sweet Potato Comfort Pie: Annual Dr. Martin Luther King, Jr. 2:00 PM - 4:30 PM Virtual Event Service Holiday Monday, January 16 City Offices Closed for Observance of Dr. Martin Luther King, Jr. Day 2023 Dr. Martin Luther King, Jr. Holiday Breakfast cial Executive Session (tentative 7:00 AM - Doors Open Hybrid Event - Minneapolis 8:00 - 9:30 AM - Convention Center Ballroom. 1301 Program Second Avenue South, Minneapolis 5:00 PM Manaaer's Conference Room City Council Meeting 6:30 PM Hybrid - Council Chambers Tuesday, January 24 5:30 PM - Dinner Hybrid Annual City Council Goal Setting Session 6:00 PM - Session Brookview - Valley Room begins Thursday, Golden Valley Business Council Meeting 8:30 AM - 9:30 AM Hybrid Brookview - Valley Room City Council Meeting 6:30 PM Hybrid - Council Chambers Sunday, February 12 Winter Market in the Valley (Indoors) 10:00 AM — 1:00 PM Brookview Bassett Creek Room HRA Work Session 6:30 PM Hybrid - Council Conference Room Council Work Session 6:30 PM Hybrid - Council Conference Room 824