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05-17-11 CC Agenda Packet (entire) AGENDA Regular Meeting of the City Council Golden Valley City Hall 7800 Golden Valley Road Council Chamber May 17, 2011 6:30 pm The Council may consider item numbers 1, 2, 3, 5 and 6 prior to the public hearings scheduled at 7 pm 1. CALL TO ORDER PAGES A. Roll Call B. Board/Commission Oath of Office and Presentation of Certificate of Appointment 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 or citizen so requests in which event the item will be removed from the general order of business and considered in its normal sequence on the agenda. A. Approval of Minutes - City Council Meeting -April 5, 2011 3-6 B. Approval of Check Register 7 C. Licenses: 1. General Business Licenses 8 2. Solicitor's License - Rybak Brothers Construction, LLC 9-11 3. Gambling License Exemption and Waiver of Notice Requirement - Sons of the 12-15 American Legion Post 523 4. Temporary Nonintoxicating Malt Liquor On-Sale Special Event Permit- Chester 16-17 Bird American Legion for Golden Valley Days Art & Music Festival 5. Fireworks Permit - Pyrotechnic Display, Inc. for Golden Valley Fire Relief 18 Association Street Dance 6. Fireworks Permit -Americana Fireworks Display Company for General Mills 19-20 D. Minutes of Boards and Commissions: 1. Joint Water Commission -April 6, 2011 21-22 2. Human Services Foundation - March 14, 2011 23-24 3. Envision Connection Project Board of Directors - February 17, 2011 25-27 E. Letters and/or Petitions: 1. Letter from Mike Sell Regarding Resignation from Board of Zoning Appeals 28 F. Authorization to Sign Agreement with Environmental Process, Inc. for Park Shelter 29-49 and Building Maintenance Projects G. Authorization to Sign Agreement with Environmental Process, Inc. for Brookview 50-72 Patio Replacement H. Authorization to Extend Fire Relief Association Street Dance Hours 73 I. Approval of Revisions to Employee Handbook - Section 5.30 and 10.05 11-23 74-87 J. Board/Commission Appointment and Reappointments 88 4. PUBLIC HEARINGS 7 PM 5. OLD BUSINESS 6. NEW BUSINESS A. Announcements of Meetings B. Mayor and Council Communications 7. ADJOURNMENT )(/// Regular Meeting of the City Council April 5, 2011 Pursuant to due call and notice thereof, a regular meeting of the City Council of the City of Golden Valley, Hennepin County, Minnesota was held at 7800 Golden Valley Road in said City on April 5, 2011 at 6:30 p.m. The following members were present: Freiberg, Loomis, Pentel, Scanlon and Shaffer; and Also present were: Thomas Burt, City Manager; Jeannine Clancy, Director of Public Works; Allen Barnard, City Attorney; and Judy Nally, Administrative Assistant. American Lung Association Fight For Air Stair Climb Award Presentation Mark Kuhnly introduced the agenda item. He introduced Maura Skooter and Todd Larkin, American Lung Association, presented awards for Top Fundraising Team and Top Fundraising Firefighter, Ken Bence and to those firefighter's present who participated in the fundraiser. Approval of Agenda MOVED by Pentel, seconded by Scanlon and motion carried unanimously to approve the agenda of April 5, 2011 as submitted. Approval of Consent Agenda MOVED by Pentel, seconded by Freiberg and motion carried unanimously to approve the consent agenda of April 5, 2011 as amended: removal of Honeywell Ball Field Project: Award Bid -Authorization to Sign Amendment to Lease Agreement with Golden Valley Little League, Inc. *Approval of Minutes — City Council Meeting - February 1 and 15, 2011 MOVED by Pentel, seconded by Freiberg and motion carried unanimously to receive and file the City Council Meeting minutes of February 1 and 15, 2011 as submitted. *Approval of Check Register MOVED by Pentel, seconded by Freiberg and motion carried unanimously to authorize the payment of the City and Housing and Redevelopment Authority bills as submitted. *Solicitor's License -Window Concepts of MN, Inc. MOVED by Pentel, seconded by Freiberg and motion carried unanimously to approve the solicitor's license for Window Concepts of MN, Inc. Regular Meeting of the City Council April 5, 2011 Page 2 *Gambling License Exemption and Waiver of Notice Requirement- Rotary Club of Golden Valley MOVED by Pentel, seconded by Freiberg and motion carried unanimously to receive and file the gambling license exemption and approve the waiver of notice requirement for Rotary Club of Golden Valley. *Minutes of Boards and Commissions MOVED by Pentel, seconded by Freiberg and motion carried unanimously to receive and file the minutes as follows: Planning Commission - February 14, 2011 Civil Service Commission - February 7, 2011 Human Services Foundation - January 10, 2011 Bassett Creek Watershed Management Commission - February 17, 2011 *Honeywell Ball Field Project: Award Bid -Authorization to Sign Amendment to Lease Agreement with Golden Valley Little League, Inc. Council Member Shaffer stated he would not be supporting the project because of the additional funding and city services required by the City at a time when the city is cutting budgets. Thomas Burt answered questions from the council. MOVED by Pentel, seconded by Freiberg and motion carried to authorize the Mayor and City Manager to sign the Amendment to Lease Agreement with Golden Valley Little League, Inc. Council Member Shaffer voted no. MOVED by Pentel, seconded by Freiberg and motion carried to award the bid for the Honeywell Ball Field Project from the lowest responsible bidder, MN Dirt Works, Inc. for $381,089.76. The bids are as follows: MN Dirt Works, Inc. $381,089.76 Freidges Landscaping, Inc. $436,550.00 Cobalt Excavating, Inc. $451,000.00 Fehn Companies $453,399.00 Fitol-Hintz Construction $458,800.00 Burski Excavating, Inc. $470,200.00 Max Steininger, Inc. $479,315.00 Sunram Construction, Inc. $482,350.00 Peterson Companies, Inc. $513,650.00 Veit, Inc. $525,377.45 Frattalone Companies, Inc. $540,780.00 Council Member Shaffer voted no. Regular Meeting of the City Council April 5, 2011 Page 3 *Authorization to Sign Master Agreements for 2011 Pavement Management Program Sanitary Sewer Repair Program MOVED by Pentel, seconded by Freiberg and motion carried unanimously to authorize entering into Master Agreements for the 2011 PMP Sanitary Sewer Repair Program with the following companies: Gene's Water and Sewer, Highview Plumbing, Minneapolis Suburban Sewer and Water, Ouverson Sewer and Water and Wruck Excavating. *Recall for Public Hearing - Special Assessments -4/20/11 MOVED by Pentel, seconded by Freiberg and motion carried unanimously to recall the public hearing for special assessments for Wednesday, April 20, 2011 at 7 pm. *Authorization to Sign Agreement with City of Minneapolis Regarding Bicycle Parking Project MOVED by Pentel, seconded by Freiberg and motion carried unanimously to to authorize the Mayor and City Manager sign the Cooperative Agreement with the City of Minneapolis regarding Bicycle Parking Project. *Authorization to Sign Agreement with Hennepin County for Reimbursement of Active Living-Related Staff Expenses MOVED by Pentel, seconded by Freiberg and motion carried unanimously to authorize the Mayor and City Manager sign the Professional Services Agreement with the Hennepin County Human Services and Public Health Department for reimbursement for work pertaining to active living. Public Hearing - Ordinance #458 - Conditional Use Permit 130 - 7550 Wayzata Boulevard - Neptune Society, Applicant Thomas Burt stated the applicant was unable to attend the meeting and requested the item be continued to the April 20, 2011 City Council meeting. The Mayor opened the meeting for public input and persons present to do so were afforded the opportunity to express their views thereon. Hearing and seeing no one the Mayor closed the public hearing. MOVED by Pentel, seconded by Scanlon and motion carried unanimously to continue the public hearing for Ordinance #458, Conditional Use Permit 130, 7550 Wayzata Boulevard, Neptune Society, applicant until the April 20, 2011 City Council meeting. Regular Meeting of the City Council April 5, 2011 Page 4 Announcements of Meetings A Special Council/Manager Meeting will be held on April 5, 2011 immediately following the City Council Meeting. Some Council Members may attend the Golden Valley Run the Valley Race/Walk on April 9, 2011 beginning at 8:30 am at the Davis Community Center at Meadowbrook Elementary. Some Council Members may attend the Employee Recognition Coffee on April 12, 2011 at 930 am in the Council Chambers. The next Housing and Redevelopment Authority meeting will be held on April 12, 2011 at 6:30 pm. The next Council/Manager meeting will be held on April 12, 2011 immediately following the HRA meeting. An Executive Session will be held on April 12, 2011 immediately following the Council/Manager meeting to conduct safety training. Some Council Members may attend the Golden Valley Historical Society Meeting on April 14, 2011 at 7 pm at the Golden Valley Historical Society. The next City Council meeting will be held on Wednesday, April 20, 2011 at 6:30 pm. A Bassett Creek Water Management Commission will be held on April 21, 2011 at 11:30 am. Mayor and Council Communications Mayor Loomis informed the Council that the 125th Anniversary Committee's application to hold a League of Minnesota cities community conversation was turned down. Adjournment The Mayor adjourned the meeting at 7:06 p.m. Linda R. Loomis, Mayor ATTEST: Judy Nally, Administrative Assistant Finance, , , Memorandum Golden" NV 763-5934013/763-5934109 (fax) - , __ - , Executive Summary For Action Golden Valley City Council Meeting May 17, 2011 Agenda Item 3. B. Approval of City Check Register Prepared By Sue Virnig, Finance Director Summary Approval of check register for various vendor claims against the City of Golden Valley. Attachments Loose in agenda packet. Recommended Action Motion to authorize the payment of the bills as submitted. of 01 1 City Administration/Council ey 763-593-8002/763-593-8109 (fax) Executive Summary For Action Golden Valley City Council Meeting May 17, 2011 Agenda Item 3. C. 1. General Business Licenses Prepared By Kathy Pepin, Administrative Assistant Summary As per City Code, some businesses are required to be licensed by the City. Listed below are the License Number, Applicant, License Type and Fee of those who have submitted an application for approval. #4881 Suburban Waste 2 Refuse Vehicles $100.00 15718 Village Woods Drive Recommended Action Motion to authorize the issuance of licenses as recommended by staff. fy G Memorandum n City Administration/Council O 11 a, V 763-593-8006/763-593-8109(fax) Executive Summary For Action Golden Valley City Council Meeting May 17, 2011 Agenda Item 3. C. 2. Solicitor's License - Rybak Brothers Construction, LLC Prepared By Judy Nally, Administrative Assistant Summary As per City Code, any individual or group intending to go door-to-door within the City selling products, taking orders or soliciting for business or donations must be licensed by the City to do so. This license period is from May 18, 2011 thru June 30, 2012. Attachments Peddler/Solicitor License Application (2 pages) Recommended Action Motion to approve the solicitor's license for Rybak Brothers Construction, LLC. Application and fee must be submitted to the City Manager's Office the Wednesday prior to the City Council Meeting. Council Meetings are normally held the first and third Tuesday of each month. PEDDLER/SOLICITOR LICENSE APPLICATION GY> TO: Golden Valley City Council Fee Paid: $ /0 0 7800 Golden Valley Road Number of Persons: Golden Valley, MN 55427 Type of License: .d1 Solicitor circle one) Enclose the sum of$ /6G®—`for .5 (number) peddlers/solicitors as required by City Code of the City of Golden Valley and have complied with all the requirements of said Code necessary for obtaining this license. tZ ‘-I•.e. . c,t \O K L L (Busines or Individual Name or Organization to be Licensed) oqcf 7 (MN Business ID or FEIN (Federal ID)for Business Licenses) Define Business (Corporation, Proprietorship, Partnership, Non-Profit, State of Incorporation or Individual) aaota F ( t1-h' s1- . (Address) te t IQ SS33 'l- City, State and Zip Code) �Sa - yo S- 8$1- t (Telephone Number, including Area Code) NOW, THEREFORE, iZ ktr.._ e o Lti4r.-t..Lthereby makes application for (Applicant Name) period of 5/I s'///through 6/30/ /4)7-subject to the conditions and provisions of said City Code. ( ' nature of A plicant/Principal Officer) Description of goods or services for sale (include prices) or indicate if soliciting donations. If more space is needed, attach additional sheets (be specific): E 0, `.1 (1 ♦' A c.J∎" 1,15 r 4 NOTE: If the products for sale are changed or modified, you must give the City complete information regarding such change or modification. List the names and addresses of EACH person who will be peddling or soliciting on behalf of said organization in the City, or, in the alternative, the name, address and telephone number or numbers where a responsible person of said organization will maintain a list of names and addresses of all persons engaged in peddling or soliciting in the City: --S'c.m e5 N or A 1 S�►9 Coe c c Q r. 'S Cr.,.,. e1,},k t M 0 65-00 g C‘.ri, W 6-1-\ c - 13f o410 (2),...5.5 1" ,,n}' ► M1J C06 8 bra.c\ `L c.c \n5 " a' -5 ck.,sq.e 2,19A1 FA_. f r,.sJac. tbtK) 5-531 cZ(......, 5 I,► 4343 N►C. ,‘otS rte , ),,k1■5 S5/aa 3 id.il-..e... 76 (BIB E 1-'°'" S I,, SI . (*),.,i � , N S5-t LI 1 ()0,rt %rare n(ce., Qe,r e>.Act\e■r,—..\ ..r--` 4509 • `165 &fl. (If more space is needed, attach additional sheets) STATE OF fn/NA --) COUNTY OF N(tLPliv) ss. i, eInri6 ic..r%A�\ ? — of 1`c..A took k g(6 r) ,rc,.ceiail (Officer/Individual) (Name of Organization) being first duly sworn, depose and say that all the foregoing information is true to his/her own knowledge except as to matters therein stated on information and belief, and as to such matters, he/she believes them to be true. , 0°----.7 Signature of Appli , v rincipal Officer) Subscribed and sworn to before me this J day I' , 20 /1 41111, tethL 0 ' 0 (Signature) ,t-t- ,,,,,,,:. JUDITH A. NALLY 1.7 ,\.- rtx_�'` City Administration/Council G,,,,, G Memorandum of O ide Va! V 763-593-8006/763-593-8109(fax) Executive Summary For Action Golden Valley City Council Meeting May 17, 2011 Agenda Item 3. C. 3. Gambling License Exemption and Waiver of Notice Requirement - Sons of the American Legion Post 523 Prepared By Judy Nally, Administrative Assistant Summary As per State Statute organizations that conduct gambling within the City limits have to submit an application for a lawful gambling permit to the State after the permit has been approved or denied by the City. Depending upon the timing of the permit the applicants may request the City to waive the 30-day waiting period. Attachments Application for Exempt Permit (2 pages) Letter from Sons of the American Legion Post 523 requesting waiver of 30 day waiting period (1 page) Recommended Action Motion to receive and file the gambling license exemption and approve the waiver of notice requirement for the Sons of the American Legion Post 523. Minnesota Lawful Gambling Page 1 of 2 3/11 LG220 Application for Exempt Permit Application fee f ... .K• ..Y arked or received: An exempt permit may be issued to a nonprofit organization that: less than 30 days ore than 30 days - conducts lawful gambling on five or fewer days,and before the event before the event - awards less than$50,000 In prizes during a calendar year. $100 $50 ORGANIZATION INFORMATION Check# $ Organization name Previous gambling permit number Sons of The American Legion Post 523 Minnesota tax ID number, if any Federal employer ID number, if any Type of nonprofit organization. Check one. Fraternal Religious 1/ Veterans Other nonprofit organization Mailing address City State Zip Code County 200 No. Lilac Dr. Golden Valley mn 55422 Henn Name of chief executive officer (CEO) Daytime phone number Email address David Jenkins 612-618-3330 emailchico @aol.com Attach a copy of ONE of the following for proof of nonprofit status. Do not attach a sales tax exempt status or federal employer ID number as they are not proof of nonprofit status. Nonprofit Articles of Incorporation OR a current Certificate of Good Standing. Don't have a copy? This certificate must be obtained each year from: Secretary of State,Business Services Div., 180 State Office Building,St.Paul,MN 55155 Phone: 651-296-2803 IRS income tax exemption[501(c)]letter in your organization's name. Don't have a copy? To obtain a copy of your federal Income tax exempt letter,have an organization officer contact the IRS at 877-829-5500. (®IRS-Affiliate of national,statewide,or international parent nonprofit organization(charter) If your organization falls under a parent organization,attach copies of both of the following: a. IRS letter showing your parent organization is a nonprofit 501(c)organization with a group ruling,and b. the charter or letter from your parent organization recognizing your organization as a subordinate. GAMBLING PREMISES INFORMATION Name of premises where gambling activity will be conducted.For raffles,list the site where the drawing will take place. Chester Bird American Legion Post 523 Address (do not use PO box) City or township Zip Code County 200 No. Lilac Dr Golden Valley 55422 Henn Date(s) of activity(for raffles,indicate the date of the drawing) June 18th 2011 Check the box or boxes that indicate the type of gambling activity your organization will conduct: Bingo* / Raffles Paddlewheels* Pull-Tabs* Tipboards* * Gambling equipment for pull-tabs, bingo paper,tipboards,and paddlewheels must be obtained from a distributor licensed by the Gambling Control Board. EXCEPTION: Bingo hard cards and bingo number selection devices may be borrowed from another organization authorized to conduct bingo. To find a licensed distributor, go to www.gcb.state.mn.us and click on List of Licensed Distributors,or call 651-639-4000. LG220 Application for Exempt Permit Page 2 of 2 3/11 LOCAL UNIT OF GOVERNMENT ACKNOWLEDGMENT If the gambling premises is within city limits, If the gambling premises is located in a township, a a city official must check the action that the city is county official must check the action that the county is taking on this application and sign the application. taking on this application and sign the application. A township official is not required to sign the application. The application is acknowledged with no waiting The application is acknowledged with no waiting erlod. period. The application is acknowledged with a 30 day The application is acknowledged with a 30 day waiting period,and allows the Board to issue a waiting period,and allows the Board to issue a permit after 30 days(60 days for a 1st class city). permit after 30 days. The application is denied. The application is denied. / ` Print county name Print city name ®�t/li', i/i/k� On behalf of the county, I acknowledge this application. 0 beh.-if of the city, I acknowledge this application. Signature of county personnel receiving application -I gnat e oil� pe, onner. eiving application �I t vimir r Title Date Tit!: �' �b. Date 51/ (Optionlal) TOWNSHIP: On behalf of the township,i acknowledge that the organization is applying for exempted gambling activity within the township limits. [A township has no statutory authority to approve or deny an application[Minnesota Statute 349.166)] Print township name Signature of township official acknowledging application Title Date CHIEF EXECUTIVE OFFICER'S SIGNATURE Print form and have~CEO sign The information provided in this application is complete and accurate to the best of my knowledge. I acknowledge that the financial report will be completed and returned to the Board within 30 days of the date of our gambling activity, - Chief executive officer's signature , �' Date -�-1 Complete a separate application for each gambing activity: Financial report and recordkeeping • one day of gambling activity required • two or more consecutive days of gambling activity A financial report form and instructions will • each day a raffle drawing is held be sent with your permit,or use the online fill-in form available at Send application with: www.gcb.state.mn.us. Within 30 days of the • a copy of your proof of nonprofit status,and activity date,complete and return the • application fee for each event financial report form to the Gambling Make check payable to "State of Minnesota." Control Board. To: Gambling Control Board Questions? Call the Licensing Section of the Gambling 1711 W est County Road B, Suite 300 South Control Board at 651-639-4000. Roseville, MN 55113 This form will be made available in alternative format(i.e.large print,Braille)upon request. Data privacy notice: The information Your organization's name and Private data about your organization are available requested on this form (and any address will be public information to: Board members,Board staff whose work attachments) will be used by the Gambling when received by the Board. M requires access to the information;Minnesota's Control Board (Board)to determine your other information provided will be Department of Public Safety;Attorney General; organization's qualifications to be involved private data about your Commissioners of Administration, Minnesota in lawful gambling activities in Minnesota. organization until the Board Management&Budget,and Revenue;Legislative Your organization has the right to refuse to issues the permit. When the Auditor, national and international gambling supply the information; howeve r, if your Board issues the permit, all regulatory agencies;anyone pursuant to court organization refuses to supply this information provided will become order; other individuals and agencies spedfically information, the Board may not be able to public. If the Board does not authorized by state or federal law to have access determine your organization's qualifications issue a permit,all information to the information; individuals and agencies for and,as a consequence,may refuse to issue provided remains private,with the which law or legal order authorizes a new use or a permit If your organization supplies the exception of your organization's sharing of information after this notice was given; information requested,the Board will be name and address which will and anyone with your written consent able to process your organization's remain public. application. Reset Form CHESTER BIRD SON'S OF THE AMERICAN LEGION 200 North Lilac Drive Golden valley, MN 55422 763-377-4252 May 3, 2011 To whom it may concern: The Golden Valley Sons of The American legion Post 523 will be conducting an Excluded Raffle. The drawing will be held at the Golden Valley Fire Relief Street Dance to be held on June 18th 2011. We respectfully ask you to wave the 30-day waiting peroid. Sincerely S.A.L. Commander David (Chico) Jenkins 612-618-3330 r' City Memorandum City Administration/Council 763-593-8003/763-593-8109(fax) Executive Summary For Action Golden Valley City Council Meeting May 17, 2011 Agenda Item 3. C. 4. Temporary Nonintoxicating Malt Liquor On-Sale Special Event Permit- Chester Bird American Legion for Golden Valley Days Art & Music Festival Prepared By Thomas Burt, City Manager Summary The Golden Valley Days Art & Music Festival continues to grow in its success. This year, as in previous years, the Valley Days Committee has partnered with the Chester Bird American Legion to sell beer on Saturday, May 21, 2011 from 1 to 11 pm at Brookview Park. The sale of beer will be in a fenced area and monitored by American Legion staff. Their staff will check ID's and issue wrist bands to identify people of legal age. The City Code does provide for temporary sales of nonintoxicating malt liquor with Council approval. The American Legion did provide liability insurance naming the City as an additional insured in the amount of$1,000,000. Attachment Site Plan (1 page) Recommended Action Motion to approve a temporary nonintoxicating malt liquor license for the Chester Bird American Legion on behalf of the Golden Valley Days Art & Music Festival on Saturday, May 21, 2011 from 1 to 11 pm at Brookview Park. P�ylat Sate/ / 10-3 .ancake Breakfast Calvlvaar�ry CChrch vvj f7ErcT-"- Saturday 5/21/11 GOLDEN VALLEY DAYS / c 1•=120' Rev. 5/22/2011 0461fygy Prepared byye� '`� Peter dnatne 612-369-9215 42/ N c C\ '' \ , \ S / \ i•=ibo' J�J / \\ Evert signs \ // 420' Safety Radius \\ / (70' a max. Inch shell) \ 4 / c0 House — /..)• � / �Areo • (/ I (Mox. 6 shells) II Mrn Salem I (No low fireworks allowed)Al./ i 9130 pm sharp '', ex.Nw. 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WESTERN AVE. alo Porgy boa.de.1 (Parade I/ g From Lions Pork 'ili --- Per JfkU o G Memorandum Fire De 0 e Department p Public Safety 763-593-8055/763412 4497(fax) 6 4 m• Executive Summary For Action Golden Valley City Council Meeting May 17, 2011 Agenda Item 3. C. 5. Fireworks Permit - Pyrotechnic Display, Inc. for Golden Valley Fire Relief Association Street Dance Prepared By Mark Kuhnly, Chief of Fire & Inspections Summary Pyrotechnic Display, Inc. has requested permission to discharge aerial fireworks at the Golden Valley Fire Relief Association Street Dance at 10 pm on Saturday, June 18, 2011. The Street Dance will be held at the Chester Bird American Legion, 200 North Lilac Drive. The location proposed for discharging the fireworks is on the Breck School baseball field. Breck School has submitted a letter authorizing the use of their property. The fireworks display company and the Golden Valley Fire Relief Association will be responsible for cleaning up the debris from the fireworks. Recommended Action Motion to approve the fireworks display permit for Pyrotechnic Display, Inc. to discharge aerial fireworks at the Breck School baseball fields for the Golden Valley Fire Relief Association Street Dance on June 18, 2011, with a rain date of June 19, 2011. _tOlden a Fire Department Public Safety 763-593-8055/763-512-2497(fax) tot) G /NNEso41 v Executive Summary For Action Golden Valley City Council Meeting May 17, 2011 Agenda Item 3. C. 6. Fireworks Permit -Americana Fireworks Display Company for General Mills Prepared By Mark Kuhnly, Chief of Fire & Inspections Summary Americana Fireworks Display Company has requested permission to discharge aerial fireworks at a General Mills employee event at 1 General Mills Boulevard on Thursday, June 9, 2011, at approximately 9:45 p.m. for 250 people. The location proposed for discharging the fireworks is on the north side of the campus. Betty Crocker Drive will be closed for approximately one hour. The Police Department will provide traffic control during the road closure. The fireworks display company and General Mills will be responsible for cleaning up all of the debris from the fireworks. Attachment General Mills Fireworks Display Site Plan (1 page) Recommended Action Motion to approve the fireworks display permit for Americana Fireworks Display Company to discharge aerial fireworks at General Mills on Thursday, June 9, 2011. .l tit a " , t ~ x t+ n. \ T� 4 _ ._, - t. 2014 _ _. E�- , La cli Site etty Crock e, orive -. ,. I �ri , r'1i}G SL�. �. rf �RF iisii*.it, IPi WIrte p I r EEFE1[FPFf.E FF hllEFrf►FfFa�r t . tlElfiFIFF i-ro EF/l/fGC.� rte! • ,. u llkllfE!!� 'iFEIlfl et +� rlc.:.pF fl 'ItelMlkkk rkeket e 6N1110tt t'FA!!6[F!lF IteCFI. 420 ; ;cro.irteetreeell rktIM!tfFrtf-i fl Elf, • Radius r fit o rtf®F rI Ftetl-IpUFFICIleF :. • l\ &� F elee Pee r M a r tetel ee FeFer!r!FFr!l1 l krR! - - UFrtr sF ' rr--reveurrft,Klt 'eF! FIFt ' i ,t llllit 'F{:I flliFle4$FllFlFeH!!! i{tl a bl1 K r a = -,, �1 e lNtF!EIt• i tlFI-Fit . „.!--'4, 1 . IleFklh t fitttt.rA 1, Pit � URU lelt$Flk�i f=ltteHlltr� �' ;tee V.4 k Y — ; ,, lrr- 1 Ill 1 ItE�F ��!_EL�IIbk ' � t• ;�— IlkklelflFr �lrtr + e nee!Fret e t x = r— r ,1 "1_1�9�r� �Mekklkl�MGele1 e[!!1 j ! 1�llllt�d ktrIlS tiellFClFt ,IIFt H ' e General Mills Su 5/10/11 e Soourr ceses Hennepin County Surveyors Office for Fireworks Display Site Property Lines(2011)&Aerial Photography(2009). City of Golden Valley for all other layers June 9, 2011 100 200 400 Feet JOINT WATER COMMISSION MINUTES Golden Valley - Crystal - New Hope Meeting of April 6, 2011 The Golden Valley— Crystal — New Hope Joint Water Commission meeting was called to order at 1:30 pm, in the City of Golden Valley Council Conference Room. Commissioners Present Tom Burt, City Manager, Golden Valley Anne Norris, City Manager, Crystal Kirk McDonald, City Manager, New Hope Staff Present Sue Virnig, Finance Director, Golden Valley Bert Tracy, Public Works Maintenance Manager, Golden Valley Dave Lemke, Utilities Maintenance Supervisor, Golden Valley Paul Coone, Operations Manager, New Hope Randy Kloepper, Utility Supervisor, Crystal Tom Mathisen, Director of Public Works, Crystal Minutes of February 2, 2011 MOVED by Norris seconded by McDonald and motion carried unanimously to approve the minutes of the February 2, 2011 meeting. Minutes of Water Advisory Minutes, November 4, 2010 MOVED by Norris seconded by McDonald and motion carried to receive and file the November 4, 2010 Water Advisory Minutes. Bid for High Service Pump/Motor Replacement for Crystal Pump Station and Golden Valley Pump Station MOVED by Norris seconded by McDonald and motion carried to approve bid from Keys Well Drilling Co, in the amount of$338,500 and motion carried unanimously to approve the bid for High Service Pump/Motor Replacement for Crystal Pump Station and Golden Valley Pump Station. Update on study of JWC 36" Force Main through Robbinsdale Mathisen reported they will be meeting at the end of April with the City of Robbinsdale and Hennepin County to discuss three possible scenarios for the 36" Force Main that goes through Robbinsdale. The 36" Force Main could be left in its current position, or be relocated deeper, or the 36" Force Main could be slip lined. Mathisen will report back at the May meeting with additional information. Joint Water Commission Page 2 of 2 Letter from Bernie Bullert and Response in Regard to Accurate Metering Tracy stated, that there has been issue with metering of the water and a new meter will be delivered on April 11, 2011 and the meter will be installed by April 15, 2011. After the meter is installed and reading correctly, Tracy will invite the City of Minneapolis out so they can observe the testing of the meter. Proposal to Assist the JWC with the Three Council Meetings in May A proposal to participate in a meeting of the Three JWC City Councils was submitted by Environmental Financial Group Inc. MOVED by McDonald, seconded by Norris, to accept proposal in the amount of$7,650 from Environmental Financial Group Inc., for the assistance of Three Council Meetings in regards to water rates, cost of service concepts and other information, the motion carried unanimously. Other Business Mathisen stated that he and Tracy would gather more information regarding the costs of having a joint city wide water loss and water leak detection survey completed. Next Meeting The next meeting will be May 4, 2011. Adjournment The meeting was adjourned at 2:35 pm. Thomas D. Burt, Chair ATTEST: Christine Columbus, Administrative Assistant Golden Valley Human Services Foundation (GVHSF) Meeting Minutes March 14, 2011 Present: Dan Blumb, Hilmer Erickson, Brenda Hayle, Elissa Heilicher, Chris Monroe , Connie Sandler. Also present Jeanne Fackler, Staff Liaison. Not Present: Gloria Johnson, Diane Nimmer, Steve Schumacher and Toots Vodovoz. Call to Order: Chairman Blumb called the meeting to order at 6:38 p.m. January 10 minutes: Erickson moved and Hayle seconded the motion to approve the minutes of January 10. The motion passed unanimously. Run the Valley: • T-shirts are ordered. • Registrations are up compared to last year for the race. • Sponsorship letters were sent. Corporate sponsors are Liberty Carton ($2,000), Lupient Enterprises ($1,500) and Solbrekk Business Technology Solutions ($500). Other commitments are: Al's Coffee-30 cases water Finken Great Glacier—4 jugs water for the course Einstein Bagels, Old Fashioned Donut Shoppe, Perkins and Valley Pastries-food Yoplait USA-46 cases of yogurt Blumb will contact Byerly's for a fruit donation • GV Lutheran Church and Boy Scouts parking has been confirmed • Flyer notifying apartment complexes about the race and limited use of the street during the race will be sent through the Police Dept. Calendar Review: Golf Classic-Friday, July 15th. Food options were discussed. Brookview Golf was contacted to serve the lunch. Price per person is $9.75 or $12.50 depending on meal choice. Davanni's provided lunch for $5 per person. It was decided to go with Davanni's unless a generous donation to cover the lunch was received. Taste of Golden Valley. The Commission discussed the event and want the event to continue. Sandler will contact The Metropolitan, Blumb will contact GV Country Club for fee and possible dates. Ideas discussed: Raising the ticket price to $25; Contacting the VFW or Legion to sponsor a raffle portion of the evening; Give tickets away at city events i.e. Neighborhood Watch meetings and Contact restaurants who have participated previously in May. Other Business: GV Community Foundation: Discussion centered on what the GVHSF's function/fundraising will be within the Community Foundation. Fackler will contact Dean Penk and ask if he would attend the May meeting. GV 125th Anniversary: Vodovoz is the GVHSF representative. It was decided that the Golf Tournament would not meet the criteria set by the 125th Committee. Solicitation letter. Fackler will wait until information from the GV Community Foundation is finalized. Adjournment: Heilicher moved to adjourn the meeting, Erickson seconded the motion. The meeting was adjourned at 7:58 p.m. Respectfully submitted, Jeanne Fackler GVHSF Staff Liaison Minutes Envision Connection Project Executive Board February 17, 2011 7 pm, Brookview Community Center, Conference Room Directors Present: Linda Loomis, Chair, Lynn Gitelis, Jim Heidelberg, Cindy Inselmann, Helene Johnson, Philip Lund, Marshall Tanick, Blair Tremere Directors Absent: Sharon Glover, Dean Penk, Luke Weisberg Guest: Kristine Frey Staff: Sandy Werts, Volunteer Coordinator 1. Call to Order The meeting was called to order at 7:12 pm by Mayor Linda Loomis 2. Approval of Agenda The agenda was approved as presented 3. Approval of the Minutes of January 13, 2011 Motion: It was moved by Blair Tremere and seconded by Philip Lund to approve the minutes as written. 4. New Business • Farmers Market Proposal — Kristine Frey introduced herself. She is a cofounding board member of the New Hope Farmers market which is starting its third year. Last year they held a four week market at Midland Center with positive results and feedback. Based on this, they would like to start a market in Golden Valley on Sundays, from 9 am to 1 pm beginning in July and running thru mid-October. Their choice location would be at the City Hall campus under the water tower. Frey does not think there will be a problem finding vendors as New Hope has 150 potential vendors on the waiting list. All products would be Minnesota Grown. Community organizations would receive free booth space. Discussion followed on parking. Gitelis said there is not much parking at that location with only one way in and out. A suggestion was made to hold the market at the shopping center near the lighting store. Heidelberg asked what she was looking for from the city, and Frey said use of city property. Gitelis suggested that she have a backup plan. The Northwest Farmers Market Group would operate the market. They are set up as a 501.c4, with a three member board. The Market group has liability insurance and the vendors must have their own insurance. The fees would go to the North West Community Farmers Market. The city would not receive any money to use the space. Frey would like to say the market is "supported by the city of Golden Valley. She would also like the city to waive signage regulations. Frey is looking for the Envision Board to endorse the concept. Loomis said if the board endorses the market, information can be placed in the newsletter and on the website. The next step would be for Frey to meet with city staff. Loomis will contact staff. • Faith Community Meeting — March 10. Cathy Ten Broeke, Project Coordinator for the Office to End Homelessness in Minneapolis and Hennepin County, will speak on "Heading Home Hennepin". The program is open to the public. The Heading Home Hennepin Plan was developed by business and civic leaders, advocates, community members and individuals who have experienced homelessness with the goal of ending homelessness in Minneapolis and Hennepin County by 2016. This program is expected to change the paradigm from managing homelessness to ending homelessness. The plan is in the 4th year of the Heading Home Hennepin Initiative and has helped many people with significant cost savings. They have seen more people come into the program which has been a challenge. They will be publishing an interim public report in November 2010 which will show their progress on the 10 Year plan to End Homelessness. 5. Proposed Community Foundation/Non-Profit • Transitional Board —Tremere reported that the committee met on February 12 and reviewed the final draft of bylaws and the articles of incorporation. They are amending the articles of incorporation of the Golden Valley Community Events fund. Optimistically they would like to file on March 1, 2011. They would like to have a group go to the filing and have a celebration afterward. The initial board will be the Transition Committee. The "Founding Board" will be identified within the first year. • City Council Workshop —the committee has been asked to come the March 8 Manager/City Council Workshop to update the council on the proceedings to date. 6. Bridge Building Activities • Bridge Builders Quarterly Meeting —Winter— Loomis will contact LOGIS about meeting at their facility. Another suggestion is the Minneapolis Clinic of Neurology. • Lilac Planting —Werts reported that the committee met on January 31 with Todd Carroll from MNDOT to select a location for the 2011 planting. The location suggested is between Glenwood Road and Douglas Drive. However, Al Lundstrom the city's Environmental Coordinator has concerns with planting a portion of the area because of the amount of utilities underground. The next meeting is Monday, March 7. • Valley Volunteer Day - No new information at this time. Loomis suggested another Neighbors Helping Neighbors day in the fall. • Neighbors Helping Neighbors —April 30 is the kick-off Blitz where volunteer will be doing exterior work such as raking and washing windows. There will be signs at the homes participating, as promotion for the program. • Envision Award — Penk will be preparing an article to go into the paper. Loomis said it will be featured in the State of the City address. • Memorial Day Parade— Loomis said there will not be a parade this year. The organizer cannot get the support of the VFW and American Legion this year. She suggested if someone is interested in the parade continuing, they should contact John Geeze to find out what is needed — people or money or both. Tanick said he would contact Geeze. He thought that something could still be done, even if there is not a parade. Tremere brought up that the Brooklyn Historical Society received a grant from the state to fund a study on Civil War Soldiers in Brooklyn Park and Brooklyn Center. • Ice Cream Social- The First John Philip Sousa Memorial Band is playing on July 18, • Buckthorn Busting —Tremere said that at Golden Valley Days there would be a display showing what Buckthorn is. • Garden Club/Community Gardens — Gitelis said that there is another meeting coming up. • Chimney Swifts— Loomis reported that a new tower was built on the south side of Highway 55 near General Mills. 7. 125 Anniversary Planning • Activity Chart—This lists most of the programs that will be part of the 125th celebration. Volunteers are still needed to help. • League of Cities Community Conversations - an application is being made to be a site for one of these meetings where citizens will have the opportunity to express how they see city services delivered in the future. • Next Meeting — February 24\3 —6:30 pm at Brookview Grill 8. Valley Day Lund said that there is nothing new to report. There is a meeting coming up. The committee would like to increased participation. They would like to see more community organizations participate. 9. Communications None 10.Local Business Initiative Loomis does not know if this will occur. The intern that was working on it resigned. She would like to get businesses together, especially those who do not belong to the Twin West Chamber. 11.Recruitment of Members to Executive Board 12.2011 Future Meetings - The Next meeting is March 17. 13.Adjournment The meeting was adjourned at 8:48 pm. May 2,2011 City of Golden Valley 7800 Golden Valley Road Golden Valley,MN 55427 my _4 ;AI Mayor Linda Loomis: Madam Mayor: I have been privileged to have served 40 years as a member of the Golden Valley BZA and have decided to not have my name in for re-appointment. I feel,that,with a new version of the waiver process being approved by our State Legislature it is only fair that my replacement be in on the start,along with the other members of the BZA. I wish to thank all the previous Mayors& Councils who saw fit to appoint&re-appoint me to the BZA. It has been a pleasure to work with all the members over the years. We always had the best interests in mind for the city within the guidelines set forth by the state. Respectfully submitted, Mike Sell 1400 Valders Avenue Golden Valley,MN 55427 Go .e n Vail ey ..., Public Works 763-593-8030/763-593-3988 (fax) Executive Summary For Action Golden Valley City Council Meeting May 17, 2011 Agenda Item 3. F. Authorize Contract with Environmental Process, Inc. for Professional Services for the 2011 Park Shelter and Building Maintenance Projects Prepared By Jeannine Clancy, Director of Public Works Al Lundstrom, Environmental Coordinator Summary The 2011-2015 Capital Improvement Program (CIP) includes funding for the following park and building envelope maintenance projects: 1. Golf Maintenance building envelope project in the amount of$15,500 (Buildings CIP, B-025, page 63). 2. Park Shelter building improvements in the amount of$45,000 (Parks CIP, P-005, page 72). Maintenance will include caulking, brick replacement, tuck pointing, painting and siding replacement. The work will take place on the Golf Maintenance building and eleven park shelter buildings. A professional services agreement from EPI is attached for Council consideration to provide professional services for design and construction observation for all of the above listed projects in an amount not to exceed $21,300. Attachments 2011 Building Envelope Projects Map (1 page) Professional Services Agreement from EPI for Architectural, Engineering, and Environmental Services, dated April 15, 2011 (19 pages) Recommended Action Motion to authorize entering into an agreement for professional services with EPI for the 2011 Park Shelter and Building Maintenance Projects at a cost not to exceed $21,300. ,0 ' 0 l' ----NI. E ,T 0 // ,jg Day oz itii, / s I s 0 1 z '1\1 11 , Mi 4 ,z 7 lar...ur- 1 • a,'. 116 :;*.' • 1 a 1r e a moprayq A .. 1 it..1 Alb t 1 1 , i V. It ro t. t ill' Vt' N.,ir eitioN ' I .I ii ., g , .... A Fr. -- 1 1 *rd , u) , , .... i P . _...___,_....1... --.--_,..--.._.....,__ --_,____ - N veossoo.TD emit i It it 0, szauxna, s 9.,,v'clue% 0 4 . . In IL N any euvz g 0 0 C rn i 1 s.._,-... : ■ W • 0, 3 4. . L 1 0 -1-- !1 o w a 4 11 , 7 ' 0 e 0 6 tn i 111 N 041.13([SEIbIlOa l ' N 0 eAtia SEIBT1.0a 74 > : 1:1) > ili i X 4 „:,suaoliv c IT 1 1 0 A rn 1, A 0 . 4 NM 1 A 0 Aaszef Imo 4 .,,, a. 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Environmental Process,Inc. 3 _ 715 Florida Avenue South,Suite 111,Golden Valley,MN 55426-1700 — Phone:763-398-3040•Fax:763-398-0121 •email:evimpls @rconnect.com•www.go-epi.com April 15,2011 Ms.Jeannine Clancy Director of Public Works City of Golden Valley 7800 Golden Valley Road Golden Valley,MN 55427 Re: City of Golden Valley—2011 Scope of Work C-1 2011 Building Maintenance Proposal for Architectural,Engineering, and Environmental Services EPI No. 11-225 Dear Ms. Clancy: 1.0 INTRODUCTION Thank you for this opportunity for Environmental Process, Inc. (EPI) to submit our proposal to provide Architectural, Engineering, and Environmental services for the 2011 Building Maintenance Project located at various City of Golden Valley Buildings. The 2011 Building Maintenance work scope shall include the following: 1. Golf Maintenance Building, 2. Community Center/Golf Operations Building, 3. Brookview Park Large Shelter, 4. Brookview Park Small Shelter, 5. Brookview Park Tennis Shelter, 6. Gearty Park Shelter 7. Hampshire Park Shelter, 8. Lakeview Park Shelter, 9. Lion's Park Shelter, 10. Medley Park Shelter, 11. Schaper Park Shelter, 12. Scheid Park Shelter, and 13. Wesley Park Shelter which will all be bid as one (1)project(one specification). 2.0 SCOPE OF WORK We understand the intent of this project is to provide Architectural, Engineering, and Environmental Services for building maintenance work items. 2.1 The scope of work for Phase 1 - Schematic Design,Feasibility,and Cost Estimate are as follows: a. Field verify existing conditions, perform field measurements, verify existing project conditions for the specific building maintenance items listed below: 1.) Golf Maintenance Building a.) Exterior building / site maintenance as listed in the 2010 City of Golden Valley 2011 Building Maintenance April 15, 2011 Page 2 Building Maintenance Prioritization Report dated January 12,2010 prepared by Environmental Process, Inc. The work scope includes but is not limited to the eleven (11) items in the report scheduled for 2011. 2.) Community Center/Golf Operations Building a) Exterior building / site maintenance as listed in the 2010 Building Maintenance Prioritization Report dated January 12, 2010 prepared by Environmental Process, Inc. The work scope includes but is not limited to the restoration (tuck pointing, cleaning efflorescence and application of masonry sealer/paint) to the retaining wall near the SE entry to the Golf Shop. 3.) Brookview Park Large Shelter a.) Exterior building / site maintenance as listed in the 2010 Park and Picnic Shelter Facility Analysis Report dated January 12, 2011 prepared by Environmental Process, Inc. The work scope includes but is not limited to the seven (7) items in the report scheduled for 2011. 4.) Brookview Park Small Shelter a.) Exterior building/ site maintenance as listed in the 2010 Park and Picnic Shelter Facility Analysis Report dated January 12, 2011 prepared by Environmental Process, Inc. The work scope includes but is not limited to the five (5) items in the report scheduled for 2011. 5.) Brookview Park Tennis Shelter a.) Exterior building/ site maintenance as listed in the 2010 Park and Picnic Shelter Facility Analysis Report dated January 12, 2011 prepared by Environmental Process, Inc. The work scope includes but is not limited to the five (5) items in the report scheduled for 2011. 6.) Gearty Park Shelter a.) Exterior building/ site maintenance as listed in the 2010 Park and • City of Golden Valley 2011 Building Maintenance April 15,2011 Page 3 Picnic Shelter Facility Analysis Report dated January 12, 2011 prepared by Environmental Process, Inc. The work scope includes but is not limited to the eight (8) items in the report scheduled for 2011. 7.) Hampshire Park Shelter a.) Exterior building/ site maintenance as listed in the 2010 Park and Picnic Shelter Facility Analysis Report dated January 12, 2011 prepared by Environmental Process, Inc. The work scope includes but is not limited to the eight (8) items in the report scheduled for 2011. 8.) Lakeview Park Shelter a.) Exterior building/ site maintenance as listed in the 2010 Park and Picnic Shelter Facility Analysis Report dated January 12, 2011 prepared by Environmental Process, Inc. The work scope includes but is not limited to the seven (7) items in the report scheduled for 2011. 9.) Lion's Park Shelter a.) Exterior building/ site maintenance as listed in the 2010 Park and Picnic Shelter Facility Analysis Report dated January 12, 2011 prepared by Environmental Process, Inc. The work scope includes but is not limited to the six (6) items in the report scheduled for 2011. 10.) Medley Park Shelter, a.) Exterior building/ site maintenance as listed in the 2010 Park and Picnic Shelter Facility Analysis Report dated January 12, 2011 prepared by Environmental Process, Inc. The work scope includes but is not limited to the six (6) items in the report scheduled for 2011. 11.) Schaper Park Shelter a.) Exterior building/ site maintenance as listed in the 2010 Park and City of Golden Valley 2011 Building Maintenance April 15,2011 Page 4 Picnic Shelter Facility Analysis Report dated January 12, 2011 prepared by Environmental Process, Inc. The work scope includes but is not limited to the two (2) items in the report scheduled for 2011. 12.) Scheid Park Shelter a.) Exterior building/ site maintenance as listed in the 2010 Park and Picnic Shelter Facility Analysis Report dated January 12, 2011 prepared by Environmental Process, Inc. The work scope includes but is not limited to the six (6) items in the report scheduled for 2011. 13.) Wesley Park Shelter a.) Exterior building/site maintenance as listed in the 2010 Park and Picnic Shelter Facility Analysis Report dated January 12, 2011 prepared by Environmental Process, Inc. The work scope includes but is not limited to the five (5) items in the report scheduled for 2011. b. Attend preliminary design review meeting with City of Golden Valley Staff to review the preliminary schematic design and estimated cost of construction for each work item. c. Finalize building maintenance work scope based on above site data and review meeting. d. Building materials suspect asbestos survey(collection and analysis of samples). Estimate nine(3)caulking/sealant samples at twelve(12)buildings—36 samples in total. 2.2 The scope of work for Phase 2- Construction Documents is as follows: a. Preparation of registered Architectural/Engineering plans and specifications (contract documents) for the purpose of obtaining public (open) bids for the building maintenance work scope as in Phase 1 Schematic Design and Feasibility. b. This proposal is based on the assumption that the work area is asbestos free. If asbestos containing materials are found in Phase 1 Schematic Design and City of Golden Valley 2011 Building Maintenance April 15, 2011 Page 5 Feasibility, we anticipate the additional fees for the abatement design (plans and specifications), project management (Quality Control), and on-site monitoring during the abatement shall not exceed$2,000.00-$3,000.00. 2.3 The scope of work for Phase 3 - Construction Project Management/Quality Control is as follows: a. Prepare bid advertisement, submit to Owner for publication. b. Distribution of plans and specifications to Bidders shall be done by Owner. c. Pre-bid conference meeting with minutes. d. Review Contractor questions, clarify work scope, Addendums, etc. during bidding. e. Bid review and bid recommendation. f. Review Contractor Contract, Insurance, Bonds for Owner / Contractor Agreement, (Prepared by Owner). g. Pre-construction conference meeting with minutes. h. Shop drawing and submittal review (schedule, payment schedule of values, samples,etc.). i. Site observations during construction on a regular basis (as needed) during construction. An Architects' Field Report will be prepared for each site observation. Six (6) site observations and Architects' Field Reports are included. Additional site observations and field reports during construction will be extra @ $300.00 per visit. j. Contractor payment request and lien waiver verification reviews. k. Contractor/Owner change order requests and execution. 1. Final punch list site observation with documentation, preparation of substantial completion document, and one(1)follow up punch list site observation review. m. Collect and assemble contractor closeout documents, Lien Waivers, IC-134, and contractor as-built plan submittal to Owner. City of Golden Valley 2011 Building Maintenance April 15,2011 Page 6 3.0 CLIENT RESPONSIBILITIES This proposal is based on the following client responsibilities. 3.1 Provide the existing and/or as-built building plans & specifications (Architectural, Structural, Mechanical,and Electrical). 3.2 Provide any required documents to be inserted in the contract document. 3.3 Provide review of EPI's contract documents before bidding. 3.4 Provide access to the building areas as needed. 4.0 ADDITIONAL SERVICES 4.1 Expansion of the scope of project. 4.2 Asbestos (hazardous materials) abatement design (plans and specifications), management, and on-site monitoring. This proposal assumes no asbestos is present in the work areas. The asbestos survey will be completed if necessary in Phase 1 work scope. If the existing building materials are found to be asbestos, we anticipate the additional fees for the abatement design (plans and specifications),management,and on-site monitoring shall not exceed$2,000.00-$3,000.00. 5.0 FEE SCHEDULE Based on the services as defined above, EPI proposes a time and material not to exceed professional service fee for the total Architectural/Engineering and Project Management/Quality Control services. This fee breakdown is as follows: Phase 1 Schematic Design,Feasibility,and Cost Estimate $ 3,200.00 Asbestos Survey-Analytical(36 samples) $ 1,000.00 Asbestos Survey Report $ 800.00 Phase 2 Construction Documents(plans and specifications) $ 5,800.00 Phase 3 Construction Project Management/Quality Control Services $ 6,000.00 Total Professional Fees(NTE) $16,800.00 Estimated Reimbursable Expenses at actual costs-Estimated $ 1,500.00 Total Project Estimate $18,300.00 Additional Asbestos Fees(If Necessary) Asbestos abatement design,management,and on-site monitoring $3,000.00 City of Golden Valley 2011 Building Maintenance April 15, 2011 Page 7 6.0 PRELIMINARY PROJECT SCHEDULE Preparation of Construction Documents(Plans and Specifications) May and June 2011 Bidding(Pre-Bid Meeting,Bid Opening,Bid Review and Recommendation) July 2011 Bid Award/Contracts(Council Meeting,Contracts,Insurance,Bonds) August 1-15,2011 Shop Drawing Preparation,Review,and Approval August 16-31,2011 Contractor Mobilization/Building Maintenance Work Sept.and Oct.2011 Punch List/Finalize All Work October 15-31,2011 Project Close Out Documents(IC-134,Lien Waivers,Final Payment) November 2011 Please feel free to call me at(763)398-3040 with any questions or comments. We feel confident that we can assist you and look forward to working with you on this project. If you have any questions or find this proposal acceptable,please sign,date and return and we will schedule a date to begin. Sincerely, ENVIRONMENTAL PROCESS,INC. 19 Denny Langer,PE Senior Engineer/Project Manager Copy: Al Lundstrom,City of Golden Valley Charles A.Lane,EPI Michael Berreau,EPI EPI File 2011-225 PROFESSIONAL SERVICES AGREEMENT This Agreement is made as of the 15th day of April ,2011,by and between the City of Golden Valley, hereinafter referred to as City,and Environmental Process,Inc.(EPI),hereinafter referred to as Consultant,with offices located at 715 Florida Avenue South,Suite 111,Golden Valley,Minnesota 55426. Witnesseth,that the City and Consultant,for the consideration herein named,agree as follows: SECTION 6/EXHIBITS SECTION 1/GENERAL CONTRACT The following initialed Exhibits are attached to and PROVISIONS made a part of this Agreement: These provisions shall be as set forth in Exhibit A. SECTION 2/SCOPE OF WORK X Exhibit A General Contract Provisions The scope of work to be performed by Consultant is set X Exhibit B Definitions forth in Exhibit C. The work and services to be X Exhibit C Scope of Work performed hereunder and described in Exhibit C shall X Exhibit D Compensation be referred to herein and in the General Contract X Exhibit E Insurance Schedule Provisions as the Project. — X Exhibit F Rate Schedule SECTION 3/COMPENSATION Compensation to Consultant for services described in SECTION 7/ACCEPTANCE OF AGREEMENT this Agreement shall be as designated in the attached All work and services described in this Agreement Exhibit D and as hereinafter described. shall be performed by Consultant only after written acceptance of the City. The undersigned hereby SECTION 4/WORK SCHEDULE accept the terms and conditions of this Agreement The anticipated schedule is set forth in Exhibit C. and Consultant is hereby authorized to perform the services described herein. SECTION 5/SPECIAL CONDITIONS Special conditions,if any,are as set forth in Exhibit G. CONSULTANT: ENVIRONMENTAL PROCESS,INC. CITY: CITY OF GOLDEN VALLEY ADDRESS: 7800 GOLDEN VALLEY ROAD ADDRESS: 715 FLORIDA AVE.S.,SUITE 111 GOLDEN VALLEY,MN 55427 GOLDEN VALLEY,MN 55426 By: _Charles A.Lane BY: Linda R.Loomis ��JJ Q SIGNATURE: egfANL O c SIGNATURE: TITLE: Mayor TITLE: President/CEO BY: Thomas D.Burt SIGNATURE: TITLE: City Manager ADDRESS: Professional Services Agreement Page 1 of 9 EXHIBIT A GENERAL CONTRACT PROVISIONS ARTICLE 1•GENERAL (2) These general contract provisions; These general contract provisions are incorporated in and become a (3) The attached exhibits;and part of the Agreement to which it is attached between LHB,Inc., (4) The supplemental Agreement,where applicable. hereinafter referred to as Consultant, and the other party to the Agreement,City of Golden Valley,hereinafter referred to as City, As to superseding effect,the attached exhibits shall govern over these wherein the City engages the Consultant to provide certain services general provisions,and the supplemental Agreement,where applicable, more particularly described in Exhibit C,Scope of Work.Either party shall govern over attached exhibits and these general provisions. may be hereinafter referred to as party or,collectively,parties.The starting date will commence when authorized by the City. The Agreement constitutes the entire understanding between the Consultant and City. The Agreement supersedes all prior written or ARTICLE 2-CHANGED CONDITIONS oral understanding and may only be amended,supplemented,modified If the Consultant determines that any services it has been directed or or cancelled by a duly executed written instrument. requested to perform are beyond the scope as set forth in Exhibit C or that,due to changed conditions or changes in the method or manner of ARTICLE 6.RESPONSIBILITIES administration of the Project, the Consultant's effort required to A. In order to permit the Consultant to perform the services required perform its services under this Agreement exceeds the estimate which under this Agreement,the City shall,in proper time and sequence and formed the basis for the Consultant's compensation,Consultant shall where appropriate to the Project,at no expense to the Consultant: promptly notify the City of that fact. Additional work and additional compensation for such work,and the extension of time for completion 1. Provide available information as to its requirements for the thereof,shall be set forth in a supplemental Agreement entered into by Project. the parties prior to proceeding with any additional work or related 2. Guarantee access to and make all provisions for the Consultant to expenditures. Such supplemental Agreement shall be incorporated in enter upon public and private lands to enable the Consultant to and become a part of this Agreement. perform its work under this Agreement. 3. Provide such legal,accounting and insurance counseling services ARTICLE 3-TERMINATION as may be required for this Project,(such as review of insurance The CIty may by written notice terminate the Agreement or any certificates,bonding clarifications and legal questions regarding portion thereof when It is deemed in the City's best interest to do so or property acquisition or assessment). the City is unable to adequately fund payment for the Agreement 4. Notify the Consultant whenever the City observes or otherwise because of changes in State fiscal policy,regulation or law. In the becomes aware of any defect in the Project event of termination,copies of plans,reports,specifications,electronic 5. The Golden Valley City Council or a person or persons drawing/data files(CADD),field data,notes,and other documents designated,shall act as City's representative with respect to the whether written,printed or recorded on any medium whatsoever, services to be rendered under this Agreement. The City's finished or unfinished,prepared by the Consultant pursuant to this representative shall have the authority to transmit and receive Agreement and pertaining to the work or to the Project,(hereinafter instructions and information and to interpret and define the City's "Instruments of Service"),shall be made available to the City pursuant policies with respect to services rendered by the Consultant. to Article 4.All provisions of this Agreement allocating responsibility 6. Furnish data(and professional interpretations thereof)prepared by or liability between the City and Consultant shall survive the or services performed by others,including where applicable,but completion of the services hereunder and/or the termination of this not limited to,previous reports,core borings,probings and sub- Agreement. surface explorations, hydrographic and hydrogeologic surveys, laboratory tests and inspection of samples, materials and ARTICLE 4-REUSE AND DISPOSITION OF INSTRUMENTS OF equipment; appropriate professional interpretations of the SERVICE foregoing data;environmental assessment and impact statements; During the course of the work,the Consultant shall(if requested,) property, boundary, easement, right-of-way, topographic and make available to the City copy(ies)of the Instruments of Service.At utility surveys;property description;zoning,deed and other land the time of completion or termination of the work,the Consultant shall use restrictions;and other special data. make such Instruments of Service available to the City upon (i) 7. Review all reports,sketches,drawings,specifications and other payment of amounts due and owing for work performed and expenses documents prepared and presented by the Consultant, obtain incurred to the date and time of termination,and(ii)fulfillment of the advice of legal,accounting and insurance counselors or others as City's obligation under this Agreement and such Instruments of City deems necessary for such examinations and render in writing Service shall become the property of the City. Any use or re-use of decisions pertaining thereto within reasonable times so as not to such Instruments of Service by the City or others without written delay the performance by the Consultant of the services to be verification or adaption by the Consultant except for the specific rendered pursuant to this Agreement. purpose intended will be at the City's risk and full legal responsibility. 8. Where appropriate, endeavor to identify, remove and/or encapsulate asbestos products or materials or pollutants located in The City agrees,to the fullest extent permitted by law,to indemnify the project area prior to accomplishment by the Consultant of any and hold the Consultant harmless from any claim,liability or cost work on the Project. (including reasonable attorneys'fees, and defense costs) arising or 9. Provide record drawings and specifications for all existing physical allegedly arising out of any unauthorized reuse or modification of these plants of facilities which are pertinent to the Project. Instruments of Service by the City or any person or entity that acquires 10. Where available provide other services,materials,or data as may or obtains the reports,plans and specifications from or through the be set forth. City without the written authorization of the Consultant. Under no 11. Bear all costs incidental to compliance with the requirements of circumstances shall transfer of Instruments of Service be deemed a sale this article. by Consultant,and Consultant makes no warranties,either expressed 12. Provide the foregoing in a manner sufficiently timely so as not to or implied,of merchantability and fitness for any particular purpose. delay the performance by the Consultant of the services in Consultant shall cause any contract for work between Consultant and a accordance with the Contract Documents. third party for work under this Agreement to contain the terms and provisions of this Article 4 relating to the Instruments of Service B. Consultant shall be entitled to rely on the accuracy and created by such subcontractor. completeness of information or services furnished by the City or others employed by the City. Consultant shall endeavor to verify the ARTICLE 5-AGREEMENT information provided and shall promptly notify the City if the As used herein Agreement means: Consultant discovers that any information or services furnished by the (1) The Agreement for engineering,surveying and planning City is in error or is inadequate for its purpose. services; Exhibit A—General Contract Provisions Page 2 of 9 ARTICLE 7.OPINIONS OF COST The CIty agrees,to the fullest extent permitted by law,to waive all Opinion, if any, of probable cost, construction cost, financial claims and causes of action against the Consultant and anyone for evaluations,feasibility studies,economic analyses of alternate solutions whom the Consultant may be legally liable, for damages to and utilitarian considerations of operations and maintenance costs underground improvements resulting from subsurface penetration provided for are made or to be made on the basis of the Consultant's locations established by the Consultant,except that the City does not experience and qualifications and represent the Consultant's best release the Consultant, its principals, employees, agents and judgment as an experienced and qualified professional design firm.The consultants from negligence which causes damage to underground parties acknowledge, however, that the Consultant does not have improvements resulting from subsurface penetration locations control over the cost of labor,material,equipment or services furnished established by the Consultant. by others or over market conditions or contractor's methods of determining their prices, and any evaluation of any facility to be ARTICLE 15-REVIEW constructed or acquired,or work of necessity must be speculative until It is understood and agreed by the Consultant that the City,through its completion of construction or acquisition. Accordingly, the authorized agents shall be the sole and final judge of the fitness of the Consultant does not guarantee that proposals,bids or actual costs will work and its acceptability, and no payment shall be made to the not vary from opinions, evaluations or studies submitted by the Consultant hereunder until the work shall have been found acceptable Consultant. by the City through its authorized agents. ARTICLE 8-INSURANCE The Consultant shall be liable for any work done by a subcontractor for Consultant has procured insurance in the types and amounts set forth services rendered under this Agreement.The City shall be entitled to in Exhibit E,and shall cause any work subcontracted to a third party to pay any such subcontractor directly in its own discretion. be completed under a subcontract requiring the procurement of insurance in the types and amounts set forth in Exhibit E. The Consultant further agrees to furnish certificates of the insurance set forth in Exhibit E to the City,naming the City as an additional insured, ARTICLE 16-INDEMNIFICATION not later than ten(10)days after execution of this Agreement and will The Consultant agrees, to the fullest extent permitted by law, to provide the City with written notice ten(10)days prior to cancellation indemnify and hold the City,their elected officials,officers,agents and of the policy or any material change in the coverage period. employees harmless from any damage, liability or cost (including reasonable attorneys'fees and costs of defense)to the extent caused by ARTICLE 9-ASSIGNMENT the provision of services,errors or omissions in the performance of This Agreement,intended to secure the service of individuals employed professional services under this Agreement and those of Consultant, by and through the Consultant,shall not be assigned or transferred subconsultants or anyone for whom the Consultant is legally liable. without written consent of the City. The City agrees to the fullest extent permitted by law,to indemnify and ARTICLE 10.CONTROLLING LAW hold the Consultant harmless from any damage, liability or cost This Agreement is to be governed by the laws of the State of (including reasonable attorneys'fees and costs of defense)to the extent Minnesota caused by the City's negligent acts,errors or omissions and those of his or her contractors,subcontractors or consultants or anyone for whom ARTICLE 11-NON-DISCRIMINATION the City is legally liable,and arising from the project that is the subject Consultant will comply with the provisions of applicable Federal,State of this Agreement. and Local Statutes,Ordinances,and Regulations pertaining to human rights and non-discrimination,and shall cause any contract for work subcontracted to a third party to be completed under a subcontract requiring compliance with Article 11 herein. ARTICLE 12-CONFLICT RESOLUTION In an effort to resolve any conflicts that arise during the design or construction of the project or following the completion of the project, the City and Consultant agree that all disputes between them arising out of or relating to this Agreement shall be submitted to nonbinding mediation unless the parties mutually agree otherwise. ARTICLE 13-CONFIDENTIALITY The Consultant agrees to keep confidential and not to disclose to any person or entity, other than the Consultant's employees, subconsultants and the general contractor and subcontractors, if appropriate,any data and information not previously known to and generated by the Consultant or furnished to the Consultant and marked CONFIDENTIAL by the City. These provisions shall not apply to information in whatever form that comes into the public domain,nor shall it restrict the Consultant from giving notices required by law or complying with an order to provide information or data when such order is issued by a court,administrative agency or other authority with proper jurisdiction, or if it is reasonably necessary for the Consultant to defend himself or herself from any suit or claim. ARTICLE 14 - LOCATION OF UNDERGROUND IMPROVEMENTS The Consultant and/or his authorized subconsultant will conduct the research that in his or her professional opinion is necessary and will prepare a plan indicating the locations intended for subsurface penetrations with respect to assumed locations of underground improvements. Such services by the Consultant or his or her subconsultant will be performed in a manner consistent with the ordinary standard of care. The City recognizes that the research may not identify all underground improvements and that the information upon which the Consultant relies may contain errors or may not be completed. Exhibit A—General Contract Provisions Page 3 of 9 EXHIBIT B DEFINITIONS B.1 "HOURLY BASIS" means that the fee shall be determined by multiplying the number of hours of work performed, times the direct personnel cost for the appropriate labor classification shown on the fee schedule. B.2 "EXPENSES"means costs incurred in the performance of the services described herein or authorized by the City which are not direct personnel costs or overhead costs. Expenses include long distance telephone charges, subconsultant fees, testing costs, outside reproduction and printing costs,equipment rental costs and similar costs. B.3 "IMPROVEMENT PROJECT"means public improvement projects authorized by the City and paid for with public funds. B.4 "INSTRUMENTS OF SERVICE" means the specifications, plans and other documents (including those in electronic form),prepared by Consultant and its subcontractors of this project. Exhibit B—Definitions Page 4 of 9 EXHIBIT C SCOPE OF WORK SCOPE OF SERVICES FOR IMPROVEMENT PROJECTS See Attached 2011 Scope Letters dated: C-1: April 15, 2011 C-2: April 15,2011 Exhibit C—Scope of Work Page 5 of 9 SCHEDULE a. 2011 TENTATIVE SCHEDULE—Cl Preparation of Construction Documents(Plans and Specifications) May and June 2011 Bidding(Pre-Bid Meeting,Bid Opening,Bid Review and Recommendation) July 2011 Bid Award/Contracts(Council Meeting,Contracts,Insurance,Bonds) August 1-15,2011 Shop Drawing Preparation,Review,and Approval August 16-31,2011 Contractor Mobilization/Building Maintenance Work Sept.and Oct.2011 Punch List/Finalize All Work October 15-31,2011 Project Close Out Documents(IC-134,Lien Waivers,Final Payment) November 2011 b. 2011 TENTATIVE SCHEDULE—C2 Preparation of Construction Documents(Plans and Specifications) May and June 2011 Bidding(Pre-Bid Meeting,Bid Opening,Bid Review and Recommendation) July 2011 Bid Award/Contracts(Council Meeting,Contracts,Insurance,Bonds) August 1-15,2011 Shop Drawing Preparation,Review,and Approval August 16-31,2011 Contractor Mobilization/Patio Replacement Work Sept.and Oct.2011 Patio Closed to Public Sept. 12—30,2011 Punch List/Finalize All Work October 15-31,2011 Project Close Out Documents(IC-134,Lien Waivers,Final Payment) November 2011 Exhibit C—Scope of Work Page 6 of 9 EXHIBIT D COMPENSATION The City shall pay the Consultant for Basic Services rendered on an hourly basis as mutually agreed to and deemed fair and reasonable for the particular work to be performed. Consultant's current fee schedule with hourly rates is attached to this contract as Exhibit F.The rate schedule is for 2011, and will remain in effect for the term of the project. The following are the compensation terms: D.1 Receipt of Payment In order to receive payment for services,the Consultant shall submit monthly invoices describing in detail the services performed in accordance with this contract. The City shall pay Consultant before ten(10)days after receipt of(a) each monthly invoice, (b) a certificate from the City that work has been completed, and(c) an opinion of the City's attorney that the City is then obligated to pay the sum contracted for herein. The personnel who worked on the project shall be included in the invoice. Invoices shall include daily reports detailing the time for each day that the individual was working on the project. All invoices will include the City representative who authorized the work. All payments to the Consultant shall be made payable to Environmental Process,Inc. and the City does not assume and shall not have any responsibility for the allocation of payments or obligations of the Consultant to third parties. D.2 Expenses Consultant shall be reimbursed for reasonable expenses related to the scope of services of this contract and/or individual projects. The Consultant shall be reimbursed for the actual cost of the expenses,without markup. Typical expenses include,but are not limited to, the following: • Plan and specification reproduction fees • Costs related to the development of project photos The following shall not be considered reimbursable expenses: • Mileage • Mobile phone usage • Computer equipment time • Preparation and reproduction of common correspondence • Mailing Exhibit D-Compensation Page 7 of 9 EXHIBIT E INSURANCE SCHEDULE GENERAL LIABILITY Carrier: Acord Type of Insurance: Commercial General Liability Coverage: General Aggregate $2,000,000 Products-Comp/Ops Aggregate $2,000,000 Personal&Advertising Injury $1,000,000 Each Occurrence $1,000,000 AUTOMOBILE LIABILITY Carrier: Integrity Mutual Insurance Co. Type of Insurance: Hired Autos Non-Owned Autos Coverage: Combined Single Limit $1,000,000 WORKER'S COMPENSATION AND EMPLOYERS'LIABILITY Carrier: Acord Coverage Statutory Each Accident $500,000 Disease-Policy Limit $500,000 Disease-Each Employee $500,000 PROFESSIONAL LIABILITY (ERRORS AND OMISSIONS) Carrier: CNA Coverage: $2,000,000 each claim/$2,000,000 annual aggregate Certificates of Insurance will be provided upon request. Exhibit F—Rate Schedule Page 8 of 9 Exhibit F 2011 Rate Schedule See attached Attachment Fl —2011 Fee Schedule 000090/480568/959626_1 Exhibit F—Rate Schedule Page 9 of 9 Attachment Fl p e I _ _ ms 715 Environ Florida Avenue ental SouthProce,Suite 111 s, Inc. Golden Valley, 04426 Phone:(763)398-3040 Fax:(763)398-0121 2011 Fee Schedule Email:epimpls @go-epi.corn January 1,2011 Note: All Professional Fees are based on a hourly rate-no extra overtime costs. 1 Architectural/Engineering/Environmental- Professional Fees Indoor Air Quality Diagnostician 182.00 Principal Project Manager 177.00 Sr. Indoor Air Quality Diagnostician 156.00 Licensed Principal Architect/Engineer/Interior Designer 156.00 Certified Industrial Hygienist/Safety Professional 156.00 Licensed Code Specialist 156.00 Sr. Project Manager 154.00 Environmental Manager/Designer/Inspector/Planner/Coordinator 154.00 Licensed Asbestos Designer/Inspector/Management Planner 154.00 Licensed Lead Inspector/Risk Assessor 152.00 Licensed Sr. Structural/Mechanical/Electrical Engineer 150.00 Licensed Sr.Asbestos Designer/Inspector/Management/Planner 133.00 Construction Specifier/Estimator/Plans Examiner/Special Inspector 120.00 Licensed Asbestos Inspector/Management Planner 102.00 Associate Designer(Architect)/Asbestos/Lead Designer 102.00 Industrial Hygienist 102.00 Associate Mechanical/Structural/Electrical Engineer 101.00 Associate Engineer Technician 81.00 Licensed Asbestos Building Inspector 81.00 Industrial Hygiene Technician/Micro/Asbestos/Lead/Radon 76.00 Environmental Analytical Technician/Niosh 582 Certified 76.00 NE Technical Draftsman/Cad Operator 74.00 Environmental Technician/Licensed Asbestos Site Supervisor 67.00 Associate Environmental Technician 65.00 Word Processor/Clerical/Administration 54.00 2 Forensic/Legal -Professional Fees Forensic Design/Construction Diagnostician/Claims Evaluator/Investigator 250.00 Forensic Environmental Design/Construction/Diagnostician/Claims/Evaluator 230.00 Associate Design/Construction Diagnostician/Claims Evaluator/Investigator 200.00 Design/Construction/Private Investigator 195.00 Forensic Construction Estimator/Licensed Code Specialist 156.00 Sr. Construction Diagnostician/Claims Evaluator/Investigator 140.00 Associate Construction Diagnostician/Claims Evaluator/Investigator 118.00 Property Investigator/Evaluator 95.00 Forensic Word Processor/ClericaVAdministration 59.00 Page 2 of 3 4 Analytical Expenses Lead Wipe/Paint Chips/Air(Niosh 7092) Regular >24 hours 26/sample Rush 6 to 24 hours 48/sample Emergency Rush<6 hours 110/sample Lead Waste Water Regular >24 hours 40/sample Rush 6 to 24 hours 80/sample Emergency Rush<6 hours 212/sample Lead Drinking Water Regular >24 hours 75/sample Rush 195/sample Elemental Analysis (PIXE) 325/sample Microbiological-Tease,Air, Bulk, Surface 1-5 samples 100/each 5-20 samples 95/each 21-40 samples 90/each Toxic Characteristic Leachate Procedure(TCLP) 2,500/sample Silica Air-Respirable 240/sample MVOC-(AIHA EMPAT Protocol) Regular 520/sample Rush 920/sample Volatile Organic Compounds/OVM Regular 325/sample Rush 400/sample Flec- Voc 550/sample Summa Canister Rate Varies Particulate Sample Regular 310/sample (Macroscopic or Quantitative) Rush 350/sample Asbestos Bulk-AHERA Methodology(PLM) Regular 0-50 samples 26/sample 51-100 samples 24/sample 101-up 22/sample Rush(No Discounts) 12 to 24 hours 38/sample Emergency Rush< 12 to 8 hours 60/sample TEM Asbestos Air Samples-(quoted/project basis-cost vary-quantity&time frame) TEM z 72 Hours 125/sample TEM a 48 Hours 140/sample TEM a 24 Hours 170/sample TEM 6 Hours 240/sample TEM Prep 10/sample Asbestos(NIOSH)582 PCM Air Samples Regular/Rush/QA/QC 20/sample Note: Weekend and Holiday Lab Opening Cost Extra Other Analtylcal Services Available Upon Request Page 3 of 3 5 Equipment Use Tracer Analysis 550/site Infra Red Service 110/hour 575/site XRF Lead Analyzer 100/hour 550/day Thermal Sensor 50/day Carbon Monoxide Sensor 150/day Carbon Dioxide Sensor With Recorder 110/day Portable Carbon Dioxide/Temp Sensor 55/day Moisture Content Sensor-(Delmhorst-Tramex) 100/day Anderson TM Sampler 110/day Anderson'"'Flow Pump 70/day Calorimetric/Air Flow Tubes 21/tube Temperature/Relative Humidity with Recorder 113/day Quad Meter(Confined Space Monitor) 75/day SolomatIm Monitor 120/day Two Way Radio-Per Day Per Radio 5/day Portable Micromanometer 30/day Recording Manometer 25/day Air Pumps-High Flow 20/day Air Pumps- IH -Low Flow 30/day Data Logger 90/day PAPR-Piggyback Filter(microbiological-asbestos) 32/each PAPR HEPA Filter(asbestos) 27/each Half Face HEPA Organic Filter 22/each Half Face HEPA Filter 14/each Tyvec Suits-Asbestos 16/each Tyvec Suits-Micro-Polypropylene 23/each HEPA Vac 30/each Negative Air Machine-2000/1000 CFM 25/day Auto CADD 8/hour Hammer DrilVReciprocal Saw/Other Small Power Equipment 40/day Ozone Unit 25/day 6 Other Expenses Travel-Mileage IRS Rate Other Expenses at cost Electronic Communication 2%of Professional Fees-(Maximum$160.00) Meals state government per diem rates Sub Contractor or Contractors cost plus 20%markup Digital Camera/Photos $1.00/each ofd Go e n Vail e Public Works 763-593-8030/763-593-3988 (fax) Executive Summary For Action Golden Valley City Council Meeting May 17, 2011 Agenda Item 3. G. Authorize Contract with Environmental Process, Inc. for Professional Services for the 2011 Community Center Patio Replacement Project Prepared By Jeannine Clancy, Director of Public Works Al Lundstrom, Environmental Coordinator Summary The 2011-2015 Capital Improvement Program (CIP) includes funding for building envelope maintenance projects. However, staff is recommending adjusting the scope of the 2011 Building CIP to include replacement of the Golden Valley Community Center patio. The deterioration of a retaining wall, patio panel settlement and improper storm drainage has resulted in water in the building, tripping hazards, retaining wall concerns, etc. (see Exhibit A). Environmental Process, Inc. (EPI) has developed a preliminary schematic design and a construction cost estimate of approximately $73,400 (attached). Staff proposes utilizing the funds set aside for General Building Life Safety Projects in the amount of$69,000 (Building CIP, B-025, page 63); and the Community Center generator installation in the amount of$85,000 (Building CIP, B-012, page 62). A professional services agreement from EPI is attached for Council consideration to provide professional services for design and construction observation for the 2011 Community Center Patio Replacement Project in an amount not to exceed $20,200. Attachments 1. Exhibit A— Preliminary Project Photos (1 page) 2. Preliminary schematic design and construction cost estimate, dated April 25, 2011 (4 pages) 3. Professional Services Agreement from EPI for Architectural, Engineering, and Environmental Services, dated April 15, 2011 (17 pages) Recommended Action Motion to authorize entering into an agreement for professional services with EPI for the 2011 Community Center Patio Replacement Project in an amount not to exceed $20,200. , ..1.: . , .r, ,.-.,....):8., . ' tilt _ . \. ,. 4. ..,.,. 1, - • ..,7., • .„. . . ,. • i I , ..„,,,, , y. r .• ,,, , ,.._ 4` 4Ii� ..4 k�A Iltw, F 4' M, .� W •• F �� i 3 S L o - I = X ,F of O of +O+ = 7, W ,� ...,. .o O = O O O / ,.. N 3 a a 4.0 RI o i ) L '] 1= % " S Iw _ o 4: J _ O N IMO gm= \ . t 0_— . W • 7 O E qqgg { N L \ 1 W c Q. ,„,.,, ,,,,,t,,„„.. .,•,, • ..... , : , , .,.„,,„.5 . ,.. -' ,--ai7' ' .-. :41#4 ''1i- 4.0 00 A 1 i 4.• ,. s .• s a L +, t = • C O O o -- c Cr) �a I a 0 X 3 E' t L 4.0 `� a j 3 Q i, i O _N O 1. . E _ ms ' O . m 0! 'S !° 3 = f� O 4O+ W d O N II ;' I. ' i41. ILI O to H 1 i a Environmental Process,Inc. 3 _ 715 Florida Avenue South,Suite 111,Golden Valley,MN 55426-1700 Phone:763-398-3040•Fax:763-398-0121 •email:epimpls @rconnect.com•www.go-epi.com April 25,2011 Mr.Al Lundstrom Environmental Coordinator City of Golden Valley 7800 Golden Valley Road Golden Valley,MN 55427 Re: City of Golden Valley Community Center-2011 Concrete Patio Replacement EPI No. 11-236 Dear Mr. Lundstrom: Environmental Process, Inc. (EPI) has prepared a preliminary schematic design and a construction cost estimate for the replacement of the concrete patio on the south side of the Community Center. The work scope for the 2011 Concrete Patio Replacement Project includes but is not limited the following: 1. Replacement of the south concrete patio. 2. New storm drainage piping below the concrete patio from roof downspouts at south patio area to an outlet structure south of the asphalt path located south of the patio. 3. Reconstruct the concrete patio south retaining wall. 4. Maintenance (tuck pointing, cleaning, sealing) of the retaining wall at west side of the patio,this retaining wall will not be replaced. 5. Removal of the seating surfaces and backrest/railing with a railing only. 6. Patio design shall include a Handicap Accessible ramp from the concrete patio to the deck at the west side of the patio. Removal of the existing stair at this location is included. 7. Patio design shall include modifications such that the one (1)of the two (2)exterior doors to/from Room 102 to the patio are Handicap Accessible. 8. Maintenance work (tuck pointing, cleaning, sealing) to the existing retaining wall at the west side of the patio,this retaining wall will not be replaced. 9. Replacement of the gas barbeques is by others and not included in this cost estimate. City of Golden Valley Community Center-2011 Concrete Patio Replacement April 22, 2011 Page 2 The estimated construction cost for the 2011 Concrete Patio Replacement Project is as follows: Description Estimated Cost Estimated Construction Cost $67,200.00 Permits,bonds,Insurance(Estimate 3% -4%) $ 2,700.00 Subtotal $69,900.00 Contingency(5%) $ 3,500.00 TOTAL EXTIlVIATED CONSTRUCTION COST $73,400.00 Please feel free to call me at(763)398-3040 with any questions or comments. Sincerely, ENVIRONMENTAL PROCESS,INC. 9, 44/ Denny Langer,PE Senior Engineer/Project Manager Copy: Charles A.Lane,EPI Michael Berreau,EPI EPI File 2011-236 01111mi 2- I) i 1 VCLI 0 111111 I 1 1 =ai Offal w -Mill 200100 P lM MlOw1gAr= al I I I h 1 i 0 idi if 13 1111111100 II if ' ' ;s !! ii i i I lig hffhLthJIh 0000000000 MIIIIIIIIIII1 —'e 1:PIDER 1 -HI = ) ° 14-1W1 .1 *.O I 11511111 -HI „pi__ .__ 1111,quw.:.i.„!.:;..? r tl _ 1 litnaTz:.;: ...,.f i L_ - .maraiimpip ) nil 161310go::::c:1,: III v. forgig iti i IIIIIIIIIC �i �_� IIIpartiwor i I Pu E 1 II II n. 1 . (---.'" r talent :,: 3r \) V iki . ., u �- ' " ` I�� LI 111111 � � - � iS3 ) ii a,- 3 . __A 7 24 ii 1 .4 1 (.. . A• i. • • -: iN-->a —7 • mod � 'a i r .\__u v� ., , - • .!',- : IN ®® AV• ..v r.a'�� ' S ti :ar. 1.• 'i}tltl}��,,}} A' • ; • , iN I•, • a • ,••-• 4 .. • ., •• .a• . J .••••• •••s•- -e• IA•Q...' i.• ••• ■ -ib-ci _.) 1 1 r 2 rd 1 g 1 ill i: 1 II li 11. (ii rsi Environmental Process,Inc. 3 _ 715 Florida Avenue South,Suite 111,Golden Valley,MN 55426-1700 — Phone:763-398-3040•Fax:763-398-0121 •email:epimpls @rconnect.com•www.go-epi.com April 15, 2011 Ms.Jeannine Clancy Director of Public Works City of Golden Valley 7800 Golden Valley Road Golden Valley,MN 55427 Re: City of Golden Valley—2011 Scope of Work C-2 Community Center-2011 Concrete Patio Replacement Proposal for Architectural,Engineering,and Environmental Services EPI No. 11-236 Dear Ms. Clancy: 1.0 INTRODUCTION Thank you for this opportunity for Environmental Process, Inc. (EPI) to submit our proposal to provide Architectural, Engineering, and Environmental services for the 2011 Concrete Patio Replacement Project located at the Community Center / Golf Operations Building. The 2011 Concrete Patio Replacement Project work scope shall include the following: Replacement of the concrete patio on the south side of the Community Center 2.0 SCOPE OF WORK We understand the intent of this project is to provide Architectural, Engineering, and Environmental Services for building maintenance work items. 2.1 The scope of work for Phase 1 - Schematic Design,Feasibility, and Cost Estimate are as follows: a. Field verify existing conditions, perform field measurements, verify existing project conditions as listed below: 1.) Community Center/Golf Operations Building a) Exterior building / site maintenance as listed in the 2010 Building Maintenance Prioritization Report dated January 12, 2010 prepared by Environmental Process,Inc. The work scope includes but is not limited to the following in the general area of the concrete patio located at the south side of the building scheduled for 2010 and 2012: City of Golden Valley Community Center-2011 Concrete Patio Replacement April 15,2011 Page 2 1. Replacement of the south concrete patio. 2. New storm drainage piping below the concrete patio from roof downspouts at south patio area. 3. Reconstruct the concrete patio south retaining wall. 4. Maintenance (tuck pointing, cleaning, sealing) of the retaining wall at west side of the patio, this retaining wall will not be replaced. 5. Removal of the seating surfaces and backrest/railing with a railing only. 6. Patio design shall include a Handicap Accessible ramp from the concrete patio to the deck at the west side of the patio. 7. Patio design shall include modifications such that the two (2) exterior doors to/from Room 102 to the patio are Handicap Accessible. a. Attend preliminary design review meeting with City of Golden Valley Staff to review the preliminary schematic design and estimated cost of construction. b. Finalize work scope based on above site data and review meeting. c. Building materials suspect asbestos survey(collection and analysis of samples). The asbestos survey will only be required if suspect building materials (caulking,etc.)will be disturbed as a part of this project and has not previously been tested. 2.2 The scope of work for Phase 2- Construction Documents is as follows: a. Preparation of registered Architectural/Engineering plans and specifications (contract documents) for the purpose of obtaining public (open) bids for the work scope as in Phase 1 Schematic Design and Feasibility. b. This proposal is based on the assumption that the work area is asbestos free. If asbestos containing materials are found in Phase 1 Schematic Design and Feasibility, we anticipate the additional fees for the abatement design (plans and specifications), project management (Quality Control), and on-site monitoring during the abatement shall not exceed$2,000.00-$3,000.00. 2.3 The scope of work for Phase 3 - Construction Project Management/Quality Control is as follows: City of Golden Valley Community Center-2011 Concrete Patio Replacement April 15, 2011 Page 3 a. Prepare bid advertisement, submit to Owner for publication. b. Distribution of plans and specifications to Bidders shall be done by Owner. c. Pre-bid conference meeting with minutes. d. Review Contractor questions, clarify work scope, Addendums, etc. during bidding. d. Bid review and bid recommendation. e. Review Contractor Contract, Insurance, Bonds for Owner / Contractor Agreement, (Prepared by Owner). f. Pre-construction conference meeting with minutes. g. Shop drawing and submittal review (schedule, payment schedule of values, samples,etc.). h. Site observations during construction on a regular basis (as needed) during construction. An Architects' Field Report will be prepared for each site observation. Six (6) site observations and Architects' Field Reports are included. Additional site observations and field reports during construction will be extra @ $300.00 per visit. i. Contractor payment request and lien waiver verification reviews. j. Contractor/Owner change order requests and execution. k. Final punch list site observation with documentation, preparation of substantial completion document, and one (1) follow up punch list site observation review. Additional site punch list observations and reports will be extra @ $200.00 per visit. 1. Collect and assemble contractor closeout documents, Lien Waivers, IC-134, and contractor as-built plan submittal to Owner. City of Golden Valley Community Center-2011 Concrete Patio Replacement April 15, 2011 Page 4 3.0 CLIENT RESPONSIBILITIES This proposal is based on the following client responsibilities. 3.1 Provide the existing and/or as-built building plans & specifications (Architectural, Structural, Mechanical,and Electrical). 3.2 Provide any required documents to be inserted in the contract document. 3.3 Provide review of EPI's contract documents before bidding. 3.4 Provide access to the building areas as needed. 4.0 ADDITIONAL SERVICES 4.1 Expansion of the scope of project. 4.2 Asbestos (hazardous materials) abatement design (plans and specifications), management, and on-site monitoring. This proposal assumes no asbestos is present in the work areas. The asbestos survey will be completed if necessary in Phase 1 work scope. If the existing building materials are found to be asbestos, we anticipate the additional fees for the abatement design (plans and specifications),management,and on-site monitoring shall not exceed$2,000.00-$3,000.00. 5.0 FEE SCHEDULE Based on the services as defined above, EPI proposes a time and material not to exceed professional service fee for the total Architectural/Engineering and Project Management/Quality Control services. This fee breakdown is as follows: Phase 1 Schematic Design,Feasibility,and Cost Estimate $ 4,200.00 Phase 2 Construction Documents(plans and specifications) $ 5,100.00 Phase 3 Construction Project Management/Quality Control Services $ 5,500.00 Total Professional Fees(NTE) $14,800.00 Estimated Reimbursable Expenses at actual costs-Estimated $ 600.00 Total Project Estimate $15,400.00 Additional Asbestos Fees(If Necessary) Limited Asbestos Survey(based on 12 samples) $1,800.00 Asbestos abatement design,management,and on-site monitoring $3,000.00 City of Golden Valley Community Center-2011 Concrete Patio Replacement April 15,2011 Page 5 6.0 PRELIMINARY PROJECT SCHEDULE Preparation of Construction Documents(Plans and Specifications) May and June 2011 Bidding(Pre-Bid Meeting,Bid Opening,Bid Review and Recommendation) July 2011 Bid Award/Contracts(Council Meeting,Contracts,Insurance,Bonds) August 1-15,2011 Shop Drawing Preparation,Review,and Approval August 16-31,2011 Contractor Mobilization/Patio Replacement Work Sept.and Oct.2011 Patio Closed to Public Sept. 12—30,2011 Punch List/Finalize All Work October 15-31,2011 Project Close Out Documents(IC-134,Lien Waivers,Final Payment) November 2011 Please feel free to call me at(763) 398-3040 with any questions or comments. We feel confident that we can assist you and look forward to working with you on this project. If you have any questions or find this proposal acceptable,please sign,date and return and we will schedule a date to begin. Sincerely, ENVIRONMENTAL PROCESS,INC. 9,„ 04e.r.., Denny Langer,PE Senior Engineer/Project Manager Copy: Al Lundstrom,City of Golden Valley Charles A.Lane,EPI Michael Berreau,EPI EPI File 2011-236 PROFESSIONAL SERVICES AGREEMENT This Agreement is made as of the 15th day of April ,2011,by and between the City of Golden Valley, hereinafter referred to as City,and Environmental Process,Inc.(EPI),hereinafter referred to as Consultant,with offices located at 715 Florida Avenue South,Suite 111,Golden Valley,Minnesota 55426. Witnesseth,that the City and Consultant,for the consideration herein named,agree as follows: SECTION 6/EXHIBITS SECTION 1/GENERAL CONTRACT The following initialed Exhibits are attached to and PROVISIONS made a part of this Agreement: These provisions shall be as set forth in Exhibit A. SECTION 2/SCOPE OF WORK X Exhibit A General Contract Provisions The scope of work to be performed by Consultant is set X Exhibit B Definitions forth in Exhibit C. The work and services to be X Exhibit C Scope of Work performed hereunder and described in Exhibit C shall X Exhibit D Compensation be referred to herein and in the General Contract X Exhibit E Insurance Schedule Provisions as the Project. X Exhibit F Rate Schedule SECTION 3/COMPENSATION Compensation to Consultant for services described in SECTION 7/ACCEPTANCE OF AGREEMENT this Agreement shall be as designated in the attached All work and services described in this Agreement Exhibit D and as hereinafter described. shall be performed by Consultant only after written acceptance of the City. The undersigned hereby SECTION 4/WORK SCHEDULE accept the terms and conditions of this Agreement The anticipated schedule is set forth in Exhibit C. and Consultant is hereby authorized to perform the services described herein. SECTION 5/SPECIAL CONDITIONS Special conditions,if any,are as set forth in Exhibit G. CONSULTANT: ENVIRONMENTAL PROCESS,INC. CITY: CITY OF GOLDEN VALLEY ADDRESS: 7800 GOLDEN VALLEY ROAD ADDRESS: 715 FLORIDA AVE.S.,SUITE 111 GOLDEN VALLEY,MN 55427 GOLDEN VALLEY,MN 55426 By: _Charles A.Lane BY: Linda R.Loomis SIGNATURE: 6/1441 , a g -,G� - SIGNATURE: TITLE: Mayor TITLE: President/CEO BY: Thomas D.Burt SIGNATURE: TITLE: City Manager ADDRESS: Professional Services Agreement Page 1 of 9 EXHIBIT A GENERAL CONTRACT PROVISIONS ARTICLE 1-GENERAL (2) These general contract provisions; These general contract provisions are incorporated in and become a (3) The attached exhibits;and part of the Agreement to which it is attached between LHB,Inc., (4) The supplemental Agreement,where applicable. hereinafter referred to as Consultant, and the other party to the Agreement,City of Golden Valley,hereinafter referred to as City, As to superseding effect,the attached exhibits shall govern over these wherein the City engages the Consultant to provide certain services general provisions,and the supplemental Agreement,where applicable, more particularly described in Exhibit C,Scope of Work.Either party shall govern over attached exhibits and these general provisions. may be hereinafter referred to as party or,collectively,parties.The starting date will commence when authorized by the City. The Agreement constitutes the entire understanding between the Consultant and City. The Agreement supersedes all prior written or ARTICLE 2-CHANGED CONDITIONS oral understanding and may only be amended,supplemented,modified If the Consultant determines that any services it has been directed or or cancelled by a duly executed written instrument. requested to perform are beyond the scope as set forth in Exhibit C or that,due to changed conditions or changes in the method or manner of ARTICLE 6-RESPONSIBILITIES administration of the Project, the Consultant's effort required to A. In order to permit the Consultant to perform the services required perform Its services under this Agreement exceeds the estimate which under this Agreement,the City shall,in proper time and sequence and formed the basis for the Consultant's compensation,Consultant shall where appropriate to the Project,at no expense to the Consultant: promptly notify the City of that fact. Additional work and additional compensation for such work,and the extension of time for completion 1. Provide available information as to its requirements for the thereof,shall be set forth in a supplemental Agreement entered into by Project. the parties prior to proceeding with any additional work or related 2. Guarantee access to and make all provisions for the Consultant to expenditures. Such supplemental Agreement shall be incorporated in enter upon public and private lands to enable the Consultant to and become a part of this Agreement. perform its work under this Agreement. 3. Provide such legal,accounting and insurance counseling services ARTICLE 3-TERMINATION as may be required for this Project,(such as review of insurance The City may by written notice terminate the Agreement or any certificates,bonding clarifications and legal questions regarding portion thereof when It is deemed in the City's best interest to do so or property acquisition or assessment). the City is unable to adequately fund payment for the Agreement 4. Notify the Consultant whenever the City observes or otherwise because of changes in State fiscal policy,regulation or law. In the becomes aware of any defect in the Project. event of termination,copies of plans,reports,specifications,electronic 5. The Golden Valley City Council or a person or persons drawing/data files (CADD),field data,notes,and other documents designated,shall act as City's representative with respect to the whether written,printed or recorded on any medium whatsoever, services to be rendered under this Agreement. The City's finished or unfinished,prepared by the Consultant pursuant to this representative shall have the authority to transmit and receive Agreement and pertaining to the work or to the Project,(hereinafter instructions and information and to interpret and define the City's "Instruments of Service"),shall be made available to the City pursuant policies with respect to services rendered by the Consultant. to Article 4.All provisions of this Agreement allocating responsibility 6. Furnish data(and professional interpretations thereof)prepared by or liability between the City and Consultant shall survive the or services performed by others,including where applicable,but completion of the services hereunder and/or the termination of this not limited to,previous reports,core borings,probings and sub- Agreement. surface explorations, hydrographic and hydrogeologic surveys, laboratory tests and inspection of samples, materials and ARTICLE 4-REUSE AND DISPOSITION OF INSTRUMENTS OF equipment; appropriate professional interpretations of the SERVICE foregoing data;environmental assessment and impact statements; During the course of the work,the Consultant shall(if requested,) property, boundary, easement, right-of-way, topographic and make available to the City copy(ies)of the Instruments of Service.At utility surveys;property description;zoning,deed and other land the time of completion or termination of the work,the Consultant shall use restrictions;and other special data. make such Instruments of Service available to the City upon (i) 7. Review all reports,sketches,drawings,specifications and other payment of amounts due and owing for work performed and expenses documents prepared and presented by the Consultant, obtain incurred to the date and time of termination,and(ii)fulfillment of the advice of legal,accounting and insurance counselors or others as City's obligation under this Agreement and such Instruments of City deems necessary for such examinations and render in writing Service shall become the property of the CIty. Any use or re-use of decisions pertaining thereto within reasonable times so as not to such Instruments of Service by the City or others without written delay the performance by the Consultant of the services to be verification or adoption by the Consultant except for the specific rendered pursuant to this Agreement. purpose intended will be at the City's risk and full legal responsibility. 8. Where appropriate, endeavor to identify, remove and/or encapsulate asbestos products or materials or pollutants located in The City agrees,to the fullest extent permitted by law,to indemnify the project area prior to accomplishment by the Consultant of any and hold the Consultant harmless from any claim,liability or cost work on the Project. (including reasonable attorneys'fees,and defense costs) arising or 9. Provide record drawings and specifications for all existing physical allegedly arising out of any unauthorized reuse or modification of these plants of facilities which are pertinent to the Project. Instruments of Service by the City or any person or entity that acquires 10. Where available provide other services,materials,or data as may or obtains the reports,plans and specifications from or through the be set forth. City without the written authorization of the Consultant. Under no 11. Bear all costs incidental to compliance with the requirements of circumstances shall transfer of Instruments of Service be deemed a sale this article. by Consultant,and Consultant makes no warranties,either expressed 12. Provide the foregoing in a manner sufficiently timely so as not to or implied,of merchantability and fitness for any particular purpose. delay the performance by the Consultant of the services in Consultant shall cause any contract for work between Consultant and a accordance with the Contract Documents. third party for work under this Agreement to contain the terms and provisions of this Article 4 relating to the Instruments of Service B. Consultant shall be entitled to rely on the accuracy and created by such subcontractor. completeness of information or services furnished by the City or others employed by the City. Consultant shall endeavor to verify the ARTICLE 5-AGREEMENT information provided and shall promptly notify the City if the As used herein Agreement means: Consultant discovers that any information or services furnished by the (1) The Agreement for engineering,surveying and planning City is in error or is inadequate for its purpose. services; Exhibit A—General Contract Provisions Page 2 of 9 ARTICLE 7-OPINIONS OF COST The City agrees,to the fullest extent permitted by law,to waive all Opinion, if any, of probable cost, construction cost, financial claims and causes of action against the Consultant and anyone for evaluations,feasibility studies,economic analyses of alternate solutions whom the Consultant may be legally liable, for damages to and utilitarian considerations of operations and maintenance costs underground improvements resulting from subsurface penetration provided for are made or to be made on the basis of the Consultant's locations established by the Consultant,except that the City does not experience and qualifications and represent the Consultant's best release the Consultant, its principals, employees, agents and judgment as an experienced and qualified professional design firm.The consultants from negligence which causes damage to underground parties acknowledge, however, that the Consultant does not have improvements resulting from subsurface penetration locations control over the cost of labor,material,equipment or services furnished established by the Consultant. by others or over market conditions or contractor's methods of determining their prices, and any evaluation of any facility to be ARTICLE 15.REVIEW constructed or acquired,or work of necessity must be speculative until It is understood and agreed by the Consultant that the City,through its completion of construction or acquisition. Accordingly, the authorized agents shall be the sole and final judge of the fitness of the Consultant does not guarantee that proposals,bids or actual costs will work and its acceptability, and no payment shall be made to the not vary from opinions, evaluations or studies submitted by the Consultant hereunder until the work shall have been found acceptable Consultant. by the City through its authorized agents. ARTICLE 8-INSURANCE The Consultant shall be liable for any work done by a subcontractor for Consultant has procured insurance in the types and amounts set forth services rendered under this Agreement.The City shall be entitled to in Exhibit E,and shall cause any work subcontracted to a third party to pay any such subcontractor directly in its own discretion. be completed under a subcontract requiring the procurement of insurance in the types and amounts set forth in Exhibit E. The Consultant further agrees to furnish certificates of the insurance set forth in Exhibit E to the City,naming the City as an additional insured, ARTICLE 16-INDEMNIFICATION not later than ten(10)days after execution of this Agreement and will The Consultant agrees, to the fullest extent permitted by law, to provide the City with written notice ten(10)days prior to cancellation indemnify and hold the City,their elected officials,officers,agents and of the policy or any material change in the coverage period employees harmless from any damage, liability or cost (including reasonable attorneys'fees and costs of defense)to the extent caused by ARTICLE 9-ASSIGNMENT the provision of services,errors or omissions in the performance of This Agreement,intended to secure the service of individuals employed professional services under this Agreement and those of Consultant, by and through the Consultant,shall not be assigned or transferred subconsultants or anyone for whom the Consultant is legally liable. without written consent of the City. The City agrees to the fullest extent permitted by law,to indemnify and ARTICLE 10-CONTROLLING LAW hold the Consultant harmless from any This Agreement is to be governed the laws of the State of y damage, liability or cost by (including reasonable attorneys'fees and costs of defense)to the extent Minnesota. caused by the City's negligent acts,errors or omissions and those of his or her contract ors,subcontractors or consultants or anyone for whom ARTICLE 11-NON-DISCRIMINATION the City is legally liable,and arising from the project that is the subject Consultant will comply with the provisions of applicable Federal,State of this Agreement. and Local Statutes,Ordinances,and Regulations pertaining to human rights and non-discrimination,and shall cause any contract for work subcontracted to a third party to be completed under a subcontract requiring compliance with Article 11 herein. ARTICLE 12-CONFLICT RESOLUTION In an effort to resolve any conflicts that arise during the design or construction of the project or following the completion of the project, the City and Consultant agree that all disputes between them arising out of or relating to this Agreement shall be submitted to nonbinding mediation unless the parties mutually agree otherwise. ARTICLE 13•CONFIDENTIALITY The Consultant agrees to keep confidential and not to disclose to any person or entity, other than the Consultant's employees, subconsultants and the general contractor and subcontractors, if appropriate,any data and information not previously known to and generated by the Consultant or furnished to the Consultant and marked CONFIDENTIAL by the City. These provisions shall not apply to information in whatever form that comes into the public domain,nor shall it restrict the Consultant from giving notices required by law or complying with an order to provide information or data when such order is issued by a court,administrative agency or other authority with proper jurisdiction, or if it is reasonably necessary for the Consultant to defend himself or herself from any suit or claim. ARTICLE 14 - LOCATION OF UNDERGROUND IMPROVEMENTS The Consultant and/or his authorized subconsultant will conduct the research that in his or her professional opinion is necessary and will prepare a plan indicating the locations intended for subsurface penetrations with respect to assumed locations of underground improvements. Such services by the Consultant or his or her subconsultant will be performed in a manner consistent with the ordinary standard of care. The City recognizes that the research may not identify all underground improvements and that the information upon which the Consultant relies may contain errors or may not be completed. Exhibit A—General Contract Provisions Page 3 of 9 EXHIBIT B DEFINITIONS B.1 "HOURLY BASIS" means that the fee shall be determined by multiplying the number of hours of work performed, times the direct personnel cost for the appropriate labor classification shown on the fee schedule. B.2 "EXPENSES"means costs incurred in the performance of the services described herein or authorized by the City which are not direct personnel costs or overhead costs. Expenses include long distance telephone charges, subconsultant fees, testing costs, outside reproduction and printing costs,equipment rental costs and similar costs. B.3 "IMPROVEMENT PROJECT'means public improvement projects authorized by the City and paid for with public funds. B.4 "INSTRUMENTS OF SERVICE" means the specifications, plans and other documents (including those in electronic form),prepared by Consultant and its subcontractors of this project. Exhibit B-Definitions Page 4 of 9 EXHIBIT C SCOPE OF WORK SCOPE OF SERVICES FOR IMPROVEMENT PROJECTS See Attached 2011 Scope Letters dated: C-1: April 15,2011 C-2: April 15,2011 Exhibit C—Scope of Work Page 5 of 9 SCHEDULE a. 2011 TENTATIVE SCHEDULE—Cl Preparation of Construction Documents(Plans and Specifications) May.and June 2011 Bidding(Pre-Bid Meeting,Bid Opening,Bid Review and Recommendation) July 2011 Bid Award/Contracts(Council Meeting,Contracts,Insurance,Bonds) August 1-15,2011 Shop Drawing Preparation,Review,and Approval August 16-31,2011 Contractor Mobilization/Building Maintenance Work Sept.and Oct.2011 Punch List/Finalize All Work October 15-31,2011 Project Close Out Documents(IC-134,Lien Waivers,Final Payment) November 2011 b. 2011 TENTATIVE SCHEDULE—C2 Preparation of Construction Documents(Plans and Specifications) May and June 2011 Bidding(Pre-Bid Meeting,Bid Opening,Bid Review and Recommendation) July 2011 Bid Award/Contracts(Council Meeting,Contracts,Insurance,Bonds) August 1-15,2011 Shop Drawing Preparation,Review,and Approval August 16-31,2011 Contractor Mobilization/Patio Replacement Work Sept.and Oct.2011 Patio Closed to Public Sept. 12—30,2011 Punch List/Finalize All Work October 15-31,2011 Project Close Out Documents(IC-134,Lien Waivers,Final Payment) November 2011 Exhibit C—Scope of Work Page 6 of 9 EXHIBIT D COMPENSATION The City shall pay the Consultant for Basic Services rendered on an hourly basis as mutually agreed to and deemed fair and reasonable for the particular work to be performed. Consultant's current fee schedule with hourly rates is attached to this contract as Exhibit F. The rate schedule is for 2011,and will remain in effect for the term of the project. The following are the compensation terms: D.1 Receipt of Payment In order to receive payment for services,the Consultant shall submit monthly invoices describing in detail the services performed in accordance with this contract. The City shall pay Consultant before ten (10)days after receipt of(a)each monthly invoice, (b) a certificate from the City that work has been completed, and(c) an opinion of the City's attorney that the City is then obligated to pay the sum contracted for herein. The personnel who worked on the project shall be included in the invoice. Invoices shall include daily reports detailing the time for each day that the individual was working on the project. All invoices will include the City representative who authorized the work. All payments to the Consultant shall be made payable to Environmental Process,Inc. and the City does not assume and shall not have any responsibility for the allocation of payments or obligations of the Consultant to third parties. D.2 Expenses Consultant shall be reimbursed for reasonable expenses related to the scope of services of this contract and/or individual projects. The Consultant shall be reimbursed for the actual cost of the expenses,without markup. Typical expenses include,but are not limited to, the following: • Plan and specification reproduction fees • Costs related to the development of project photos The following shall not be considered reimbursable expenses: • Mileage • Mobile phone usage • Computer equipment time • Preparation and reproduction of common correspondence • Mailing Exhibit D-Compensation Page 7 of 9 EXHIBIT E INSURANCE SCHEDULE GENERAL LIABILITY Carrier: Acord Type of Insurance: Commercial General Liability Coverage: General Aggregate $2,000,000 Products-Comp/Ops Aggregate $2,000,000 Personal&Advertising Injury $1,000,000 Each Occurrence $1,000,000 AUTOMOBILE LIABILITY Carrier: Integrity Mutual Insurance Co. Type of Insurance: Hired Autos Non-Owned Autos Coverage: Combined Single Limit $1,000,000 WORKER'S COMPENSATION AND EMPLOYERS'LIABILITY Carrier: Acord Coverage Statutory Each Accident $500,000 Disease-Policy Limit $500,000 Disease-Each Employee $500,000 PROFESSIONAL LIABILITY(ERRORS AND OMISSIONS) Carrier: CNA Coverage: $2,000,000 each claim/$2,000,000 annual aggregate Certificates of Insurance will be provided upon request. Exhibit F—Rate Schedule Page 8 of 9 Exhibit F 2011 Rate Schedule See attached Attachment Fl —2011 Fee Schedule 000090/450568/959626_1 Exhibit F—Rate Schedule Page 9 of 9 Attachment F1 _ _ Environmental Process, Inc. I 715 Florida Avenue South,Suite 111 Golden Valley,MN 55426 2011 Fee Schedule Phone:(763)398-3040 Fax:(763)398-0121 Email:epimpls @go-epi.com January 1,2011 Note: All Professional Fees are based on a hourly rate-no extra overtime costs. 1 Architectural/Engineering/Environmental- Professional Fees Indoor Air Quality Diagnostician 182.00 Principal Project Manager 177.00 Sr. Indoor Air Quality Diagnostician 156.00 Licensed Principal Architect/Engineer/Interior Designer 156.00 Certified Industrial Hygienist/Safety Professional 156.00 Licensed Code Specialist 156.00 Sr. Project Manager 154.00 Environmental Manager/Designer/Inspector/Planner/Coordinator 154.00 Licensed Asbestos Designer/Inspector/Management Planner 154.00 Licensed Lead Inspector/Risk Assessor 152.00 Licensed Sr.Structural/Mechanical/Electrical Engineer 150.00 Licensed Sr.Asbestos Designer/Inspector/Management/Planner 133.00 Construction Specifier/Estimator/Plans Examiner/Special Inspector 120.00 Licensed Asbestos Inspector/Management Planner 102.00 Associate Designer(Architect)/Asbestos/Lead Designer 102.00 Industrial Hygienist 102.00 Associate Mechanical/Structural/Electrical Engineer 101.00 Associate Engineer Technician 81.00 Licensed Asbestos Building Inspector 81.00 Industrial Hygiene Technician/Micro/Asbestos/Lead/Radon 76.00 Environmental Analytical Technician/Niosh 582 Certified 76.00 NE Technical Draftsman/Cad Operator 74.00 Environmental Technician/Licensed Asbestos Site Supervisor 67.00 Associate Environmental Technician 65.00 Word Processor/Clerical/Administration 54.00 2 Forensic/Legal -Professional Fees Forensic Design/Construction Diagnostician/Claims Evaluator/Investigator 250.00 Forensic Environmental Design/Construction/Diagnostician/Claims/Evaluator 230.00 Associate Design/Construction Diagnostician/Claims Evaluator/Investigator 200.00 Design/Construction/Private Investigator 195.00 Forensic Construction Estimator/Licensed Code Specialist 156.00 Sr.Construction Diagnostician/Claims Evaluator/Investigator 140.00 Associate Construction Diagnostician/Claims Evaluator/Investigator 118.00 Property Investigator/Evaluator 95.00 Forensic Word Processor/Clerical/Administration 59.00 Page 2 of 3 4 Analytical Expenses Lead Wipe/Paint Chips/Air(Niosh 7092) Regular >24 hours 26/sample Rush 6 to 24 hours 48/sample Emergency Rush<6 hours 110/sample Lead Waste Water Regular >24 hours 40/sample Rush 6 to 24 hours 80/sample Emergency Rush<6 hours 212/sample Lead Drinking Water Regular >24 hours 75/sample Rush 195/sample Elemental Analysis(PIXE) 325/sample Microbiological-Tease,Air, Bulk,Surface 1-5 samples 100/each 5-20 samples 95/each 21-40 samples 90/each Toxic Characteristic Leachate Procedure(TCLP) 2,500/sample Silica Air-Respirable 240/sample MVOC-(AIHA EMPAT Protocol) Regular 520/sample Rush 920/sample Volatile Organic Compounds/OVM Regular 325/sample Rush 400/sample Flec- Voc 550/sample Summa Canister Rate Varies Particulate Sample Regular 310/sample (Macroscopic or Quantitative) Rush 350/sample Asbestos Bulk-AHERA Methodology(PLM) Regular 0-50 samples 26/sample 51-100 samples 24/sample 101-up 22/sample Rush(No Discounts) 12 to 24 hours 38/sample Emergency Rush< 12 to 8 hours 60/sample TEM Asbestos Air Samples-(quoted/project basis-cost vary-quantity&time frame) TEM z 72 Hours 125/sample TEM z 48 Hours 140/sample TEM z 24 Hours 170/sample TEM 6 Hours 240/sample TEM Prep 10/sample Asbestos (NIOSH)582 PCM Air Samples Regular/Rush/QA/QC 20/sample Note: Weekend and Holiday Lab Opening Cost Extra Other Analtyical Services Available Upon Request Page 3 of 3 5 Equipment Use Tracer Analysis 550/site Infra Red Service 110/hour 575/site XRF Lead Analyzer 100/hour 550/day Thermal Sensor 50/day Carbon Monoxide Sensor 150/day Carbon Dioxide Sensor With Recorder 110/day Portable Carbon Dioxide/Temp Sensor 55/day Moisture Content Sensor-(Delmhorst-Tramex) 100/day Anderson TM Sampler 110/day Anderson TM Flow Pump 70/day Calorimetric/Air Flow Tubes 21/tube Temperature/Relative Humidity with Recorder 113/day Quad Meter(Confined Space Monitor) 75/day SolomatT""Monitor 120/day Two Way Radio-Per Day Per Radio 5/day Portable Micromanometer 30/day Recording Manometer 25/day Air Pumps- High Flow 20/day Air Pumps- IH-Low Flow 30/day Data Logger 90/day PAPR- Piggyback Filter(microbiological-asbestos) 32/each PAPR HEPA Filter(asbestos) 27/each Half Face HEPA Organic Filter 22/each Half Face HEPA Filter 14/each Tyvec Suits-Asbestos 16/each Tyvec Suits-Micro- Polypropylene 23/each HEPA Vac 30/each Negative Air Machine-2000/1000 CFM 25/day Auto CADD 8/hour Hammer DrilVReciprocal Saw/Other Small Power Equipment 40/day Ozone Unit 25/day 6 Other Expenses Travel-Mileage IRS Rate Other Expenses at cost Electronic Communication 2%of Professional Fees-(Maximum$160.00) Meals state government per diem rates Sub Contractor or Contractors cost plus 20%markup Digital Camera/Photos $1.00/each City ,, i,riiiu , 4 t✓11 a ey Fire Department 7634934079/7634934098 (fax) TIRE r y Executive Summary for Action Golden Valley City Council Meeting May 17, 2011 Agenda Item 3. H. Authorization to Extend Fire Relief Association Street Dance Hours Prepared By Mark Kuhnly, Chief of Fire & Inspections Summary The Golden Valley Fire Relief Association is requesting permission to extend the street dance hours until midnight on Saturday, June 18, 2011. The rain date for the fireworks is June 19, 2011 at 10 pm. The Street Dance and fireworks will be held at the Chester Bird American Legion, 200 North Lilac Drive. Recommended Action Motion to approve the extension of hours for the Golden Valley Fire Relief Association Street Dance to midnight on Saturday, June 18, 2011, with a fireworks rain date of Sunday, June 19, 2011, at 10 pm at the Chester Bird American Legion, 200 North Lilac Drive. Go, i Citncil ee 763-593-8096/763-593-8109 (fax) Executive Summary For Action Golden Valley City Council Meeting May 17, 2011 Agenda Item 3. I. Approval of Amendments to Employee Handbook - Section 5.30 and 10.05 Prepared By: Chantell Knauss, Assistant City Manager Summary Section 5.30 of the Employee Handbook is the City's Technology Use policy. This update replaces the former policy in its entirety. It is necessary to update the policy based on changes from LOGIS to their security policy. Once the updated policy is adopted, Technology staff will train Employees on the new policy. Section 10.05 of the Handbook defines the City's cafeteria benefits for eligible employees. The proposed amendment sunsets the additional 2% of benefits to those specified management and supervisory positions to those employees already in the designated positions. The proposed amendment also sunsets the eligibility of part-time employees that regularly work 20 hours per week, but less than 30 hours per week, for cafeteria benefits. The amendments would affect all new employees hired or appointed after May 1, 2011. These amendments are being proposed as a future cost-savings measure, as well as to allow more flexibility in scheduling. Attachments Resolution Adopting Amendments to Employee Handbook- Section 5.30 and 10.05 (1 page) Proposed new Employee Handbook Section 5.30 (10 pages) Proposed new Employee Handbook Section 10.05 (2 pages) Recommended Action Motion to adopt Resolution Adopting Amendments to Employee Handbook - Section 5.30 and 10.05. Resolution 11-23 May 17, 2011 Member introduced the following resolution and moved its adoption: RESOLUTION ADOPTING AMENDMENTS TO EMPLOYEE HANDBOOK SECTION 5.30 AND 10.05 WHEREAS, the Employee Handbook was effective January 1, 1991, was adopted by Resolution 9-21 on February 1991; and amended by Resolution 92-3 on January 7, 1992; and WHEREAS, the Edited Employee Handbook dated May 6, 1996, was adopted by Resolution 96-56 on May 22, 1996; and WHEREAS, a completely revised Employee Handbook dated January 1, 2006, was adopted by Resolution 06-17 on March 6, 2006; and WHEREAS, the handbook was further amended by Resolution 06-83 on December 19, 2006; by Resolution 07-75 on December 18, 2007; and by Resolution 09-28 on May 19, 2009; WHEREAS, the handbook be amended further in Section 5.30 replacing the former Technology Use Policy in its entirety; and in Section 10.05 sunset of cafeteria benefits of the additional 2% of benefits to those specified management and supervisory positions to those employees already in designated positions; and sunset the eligibility of part-time employees that regularly work 20 hours per week, but less than 30 hours per week; and WHEREAS, the above-referenced amendments will become effective as of May 1, 2011; 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, 2006, are hereby adopted, and the revised policies supersede all previously adopted policies and procedures except those contained in approved union contracts. Linda R. Loomis, Mayor ATTEST: Susan M. Virnig, City Clerk The motion for the adoption of the foregoing resolution was seconded by Member and upon a vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted, signed by the Mayor and her signature attested by the City Clerk. Techno/ogy Use se�t;o� s.3o Effective 1/39/2007 Updated 5/18/2011 The City of Golden Valley provides a variety of electronic tools such as telephones, computers, facsimile machines, electronic mail (e-mail) systems, and Internet access for employees whose job perFormance would be enhanced by the technology. The City faces the challenge of making maximum use of the benefits of such tools, meeting legal requirements for access to information, and providing adequate protection for proprietary information. 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. Employee access to and use of electronic tools such as e-mail and the Internet is intended for business-related purposes. All equipment provided for all employees' use, and all documents, messages, files, data, postings, and other items received, sent, or created using City equipment is the property of the City. Employees should have no expectation of privacy with respect to such equipment and materials. Limited and reasonable use of these tools for occasional employee personal purpose that does not result in any additional costs or loss of time or resources for their intended business purpose is permitted. Employee Responsibility Employees are responsible for appropriate use of electronic tools, including telephones, computers, facsimile machines, pagers, e-mail and Internet access. Department heads and supervisors are responsible for ensuring the appropriate use of all electronic tools, including e-mail and Internet access through training, supervising, coaching, and taking disciplinary action, when necessary. Appropriate Use City employees need to use good judgment in the use of the City-provided electronic tools and technology, including Internet access and e-mail. They are expected to ensure that messages conveyed are appropriate in both the types of inessages created and the tone and content of those messages. Employee use of all City-provided electronic tools and technology, including e-mail and the Internet, must be able to withstand public scrutiny without embarrassment to the City of Golden Valley. Examples of inappropriate use include, but are not limited to: • illegal activities • wagering, betting, or selling • harassment, disparagement of others, stalking, and/or illegal discrimination • fund-raising for any purpose unless City sanctioned • commercial activities (eg, personal for-profit business activities) • promotion of political or religious positions or activities • receipt, storage, display, or transmission of material that is or may be reasonably regarded as violent, harassing, discriminatory, obscene, sexually explicit, or pornographic, including any depiction, photograph, audio recording, or written word • unauthorized downloading or installation of software (including vendor demos, games, and executable files) • transmission of non-business audio, graphic, or movie files (including streaming audio and video, MP3, JPG, TIF, GIF, MPG, AVI, etc); games; jokes; instant messaging; copyrighted materials; and large data files not directly related to City business • unauthorized accessing of non-public data • unauthorized use of another employee's password or computer • personal e-mail messages sent to global group lists, or regarding items and services for sale • originating or propagating, via e-mail or the Internet, chain letters; letters and messages sent to individuals requesting money, donations, promising luck, compensation, or reward if the message is sent to others or also promising harm if you do not forward the message to others or otherwise comply with the message • non-City employee use (eg, family member or friend) at work or at home • uses that are in any way disruptive or harmful to the reputation or business of the City • purposes other than City business, except incidental or minimal use • uses that in any way violate City policy, including but not limited to Section 5.10 of this handbook relating to Workplace Harassment • circumvention or attempted circumvention of monitoring filters • non-business related use of social media Engaging in any of the above listed activities may subject an employee to discipline, up to and including termination. The traditional communication rules of reasonableness, respect, courtesy, common sense, and legal requirements also apply to electronic communication. Actions that are considered illegal, such as gambling and harassment, are not up to the discretion of individual supervisors, and such actions will subject the employee to disciplinary action, up to and including termination. Employees should be aware that they might receive inappropriate, unsolicited e-mail messages or "spam." Employees receiving e-mail messages they are not expecting or questioning the nature of any e-mail message should refrain from opening the message and contact the IT Coordinator immediately. Under no circumstances should an employee forward or reply to these messages. The City of Golden Valley strictly prohibits the forwarding of work-related e- mail messages to personal e-mail accounts. All public data received or sent from City-owned e-mail accounts becomes property of the City of Golden Valley and could subject the personal e-mail account and/or personal computer to an open records request. While employees may make personal use of City technology, such as e-mail and Internet access, the amount of use during working hours is expected to be limited to incidental use. Excessive time spent on such personal activities during working hours may subject the employee to disciplinary action. Union Use In the interest of maintaining effective labor-management relationships and efficient use of City time and resources, City e-mail 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. City-owned property or services, including the e-mail system, may not be used for political activities, fund-raising, campaigning for union office, union organizing activities, or solicitation of employees for union membership. Union use of electronic communication technology is subject to the same conditions as employee use of such technology. This includes the conditions set forth in the paragraph below entitled "Monitoring." Monitoring Electronic communication devices such as telephones, facsimile machines, pagers, City e-mail systems, and Internet access are City property. Like other City resources, they are intended to be used for City business and other City- sanctioned activities. Accordingly, the City reserves the right to monitor any and all telephone, facsimile, e-mail, and Internet activities that occur on City equipment, including those which may be of a "personal" nature within the limits of and in accordance with applicable law. City-owned telephones, facsimile machines, e- mail, 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. Therefore, employees should not expect that any facsimile, voicemail, or e- mail message either sent or received, or any Internet activities, will remain private. Similarly, other 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. Employees should not expect any personal property that is maintained and/or stored in City-owned property would remain private. The City reserves the right to monitor any use of these systems, including use of these systems while the employee is on his/her own time, to access any information on these systems, and to take any action it determines to be appropriate with respect to that information. Employees should understand that electronic data may not be completely secure. They should also understand that e-mail messages and Internet transactions, including those they delete or erase from their own files, may be backed up or recorded and stored centrally for system security and investigative purposes. E-mails and records of Internet activities may be retrieved and viewed by someone else with proper authority at a later date. It is the user's responsibility to use care in communicating information not meant for public viewing. Data the City maintains electronically is government data and, as such, is subject to classification and access under the Minnesota Government Data Practices Act, Minnesota Statutes, Chapter 13. Because electronic communication systems, such as facsimile, e-mail, and Internet systems may not be secure, employees may not send any data classified under the Minnesota Government Data Practices Act as not public (private or confidential data on individuals or nonpublic or protected nonpublic data not on individuals) through unsecured facsimiles or over the e-mail or Internet systems unless the data are encrypted or encoded. Record Retention Record retention schedules are the same regardless of the medium used to create and store the record. As a result, many electronic records and e-mail messages are official records of the agency and must be retained in accordance with the City of Golden Valley's record retention schedule appropriate for the type, nature, and content of the record. Improper disposal may subject the employee and the agency to legal sanctions and other administrative or legal consequences. Hardware Acquisition, Use, and Disposal The IT Coordinator must approve all hardware prior to acquisition to ensure consistency with the compatibility of the City's network infrastructure. Use of City-owned technology equipment is intended for business-related purposes. All computer equipment and peripherals are the property of the City of Golden Valley and should be respected as such by all users. All hardware shall be configured, installed, uninstalled, and/or reconfigured only by IT staff. Employees are prohibited from connecting any non City-owned hardware devices to the network or City-owned technology equipment without prior approval from the IT Coordinator. Such devices include but are not limited to: personal laptops, printers, PDAs, MP3 players, non-City approved USB drives and devices, digital cameras, wireless devices, external storage devices, and servers. The addition of these devices can have severe repercussions on security, support, and licensing for the City. The disposal of all City-owned hardware devices is to be handled solely by the IT staff to ensure secure deletion and/or destruction of all data, drives, and media before being sold, transferred, or otherwise disposed of. SmartPhones and Mobile Devices Acquisition and Use Upon approval from the City Manager or his/her designee, employees acting within the scope of their job responsibilities may request that the IT Coordinator install, configure, and connect a personally owned SmartPhone or Mobile Device to the City-owned network and/or computer. If the intent is to connect personally owned SmartPhones, Mobile Devices, or similar next generation technology equipment hardware and operating system software to the City's information technology network, the IT Coordinator must pre-approve the acquisition. A list of City approved brands and models meeting necessary security specifications and requirements will be maintained and published by the IT Coordinator. The connection of personal equipment to the City's network infrastructure and computing systems does not permit the use of City equipment for personal gain. Regarding personally owned SmartPhones or Mobile Devices hardware and/or software connected to or installed on these City systems, the City assumes no responsibility and/or liability for: • maintenance or upgrades of hardware or software for any purpose • licensing requirements for hardware or software. Before installation, each employee will be required to provide assurance in writing that the personally owned hardware and/or software required for connection or installation on these City systems has not been installed on or connected to any other systems. In addition, a copy of proof of purchase and a copy of all necessary licensing agreements must be submitted. A list of current licensing requirements and pricing for access to the City's network will be maintained and made available by the IT Coordinator. All licensing must be kept current by the owner in order to retain access to the City's network. • compatibility with and/or impact upon other personally owned systems or equipment • exposure of SmartPhones or Mobile Devices personal data to public information, data practice requests, and/or legal searches The IT staff will provide support for SmartPhones or Mobile Devices hardware and/or software installed on City information technology systems only to the extent that it is being used for business purposes. The IT staff will make no modifications to City owned hardware and/or software to provide for the installation of SmartPhones or Mobile Devices hardware and/or software on the City's network infrastructure and computing systems. Software Acquisition and Licensing To ensure license compliance, all software must be purchased and installed by IT. IT staff must be responsible for the software inventory and installation to assure licensing legality, support, security, and configuration standards for the City of Golden Valley. Any software programs developed for use by the City become the property of the City. Software programs may not be sold or distributed without prior approval. City-owned software may not be loaded on non-City owned equipment unless there is prior approval by the department head and Information Technology (IT) Coordinator. City users are required to abide by software and documentation copyright laws and licensing agreements. If there is any question about the legality of the software and documentation, it should be directed to the IT Coordinator. At no time should any users make copies of City-owned software and documentation. To prove legal ownership of software, the City must have the original media and manuals stored on City property. The IT Coordinator will periodically check for software that may be in violation of the above policy. Installation, Downloads, and Configuration No City employee will be allowed to manipulate hardware and software standard configurations. The IT Coordinator must always be contacted for hardware and software support. No users should change the computer setup or configuration files. Users are prohibited from downloading, acquiring, or installing any software, including product demonstrations, through the Internet, e-mail, and/or vendor demonstrations on any City-owned hardware devices, including but not limited to, desktops, laptops, PDAs, City-owned USB drives and devices, wireless devices, external storage devices, and servers, without prior approval from the IT Coordinator. Data Management and Protection Under the provisions of the Minnesota Government Data Practices Act, all data stored on computer hardware and/or media owned, leased, or rented by the City of Golden Valley is considered to be owned by the City and, for the most part, is public data. This data is subject to the Minnesota Government Data Practices Act, and its use and dissemination is consistent with the data classification under the Minnesota Government Data Practices Act. This data is also subject to review and investigation at the discretion of the City Manager, department heads, IT Coordinator, and/or law enforcement. All questions pertaining to the classification of public and private data should be handled by the Assistant City Manager or his/her designee. ■ Data Ownership: All information developed or created on a City technology system by a user of that system in conjunction with employment with the City is the property of the City of Golden Valley. ■ Data Storage: All City data must be saved to a nefinrork server. Users are responsible for deleting outdated files that are no longer needed for the compliance with the City Records Retention Schedule; this includes data files and e-mail messages. City data storage is disposed of according to security standards (ie, backup tapes). All data media (floppy disks, CDs, DVDs, City-owned memory devices) no longer needed are to be properly disposed of by IT staff only. No data is to be stored on local drives or portable media without prior approval from the IT staff, as these drives are not included in City maintained backups and therefore are non-recoverable. Any data classified as confidential and not subject to open records requests is strictly prohibited from storage on non-City-owned hardware. Data of this nature residing on this type of hardware, equipment, and/or media is in violation of policies such as the FBI, CJIS, and LOGIS Members Security policies and opens these devices for audit purposes. ■ Data Backup: Every night, the City IT staff performs a full back-up of all data stored on the servers; back-up tapes are stored for 30 days. Workstation and laptop local hard drives and all portable media are not included in any back-up cycle maintained by the City. ■ Portable Media: Employees may copy appropriate data files to and from portable media such as City-owned USB drives and devices, CDs, or DVDs for work-related purposes only. No other files or information may be copied to or from the City-owned technology equipment or network servers. A current copy of the portable file(s) must also remain on the network server at all times. Any lost, stolen, or missing portable media must be reported to IT staff immediately. Any confidential files copied to portable media to be taken off-site must be encrypted using an approved encryption method specified by the IT staff. ■ Portable Computing Devices: Employees using personal computing devices (including laptops, tablet personal computers, or other such devices capable of storing data and/or connecting to the City's network) for City business must not store non-public data on these devices without prior authorization from the City Manager or his/her designee. Employees are responsible for deleting any non-public data temporarily stored on a portable computing device after the business related use is completed. Employees must never leave a portable computing device unattended in an insecure area. Theft or loss of a portable computing device must be reported immediately to the IT staff. Logins and Passwords As a member of the Local Government Information Systems Administration (LOGIS) consortium, the City of Golden Valley must adhere to the security requirements and recommendations set forth within the LOGIS Member Security Policy to ensure security, protection, and appropriate access to all of the City's IT systems and resources. As such, all City employees must use and maintain unique IT-issued login IDs/usernames for computer and nefinrork- related access. Login IDs/usemames are not to be shared with others, and corresponding passwords must remain confidential. Multi-user or generic login IDs/usernames are permissible only in special circumstances approved and maintained by IT. User passwords must: • have a minimum of at least eight alphanumeric characters in length • be changed every 90 days • have at least one numeric digit, one capital letter, and/or one symbol in addition to letters (for example: JargOn*07 or j@rGOn!07) • have not been previously used in the last 10 password rotations • differ from non-City or personal passwords (i.e. home computer accounts, personal banking accounts, outside websites) Appropriate network access shall be assigned by the IT Coordinator to each user login ID/username, and users may only log in to computers and equipment with their assigned login ID/username. Passwords are not to be shared with anyone, at anytime, for any reason, and will be forced to change periodically. Employees who forget their password, or who suspect their password's security has been compromised, must contact the IT Coordinator to be issued a new temporary password, which must then be changed immediately. � Network Account Access Department heads or designated supervisors are required to notify the IT Coordinator of new and terminated users. Notification of new employees must be provided to the IT Coordinator at least five business days before the start date. Notification of terminated employees must be provided to the IT Coordinator at the time of termination or before the last day of employment. Physical Security City employees are expected to provide reasonable security to their computer workstations and related IT equipment. This includes ensuring that passwords are not written down in accessible places, removable media is kept in a secured area, and confidential data is not displayed in such a manner that unauthorized personnel can view it. All IT equipment is City property and must remain on current premises. Users may not move IT equipment outside of its assigned area without prior approval from the IT Coordinator. Designated portable equipment, such as laptop computers, projectors, and digital cameras, may be removed from City buildings only for City business. Portable computing equipment must be reserved and checked out only to City employees. Employees are expected to provide appropriate "common sense" protection against theft, breakage, environmental damage, and other risks. Theft or loss of any portable computing equipment used for City business must be reported immediately to the IT staff. Employees should shutdown computer workstations when absent for an extended time, such as leaving for the day, for the weekend, or for vacation. Employees may, however, log off their workstations instead of shutting down when absent for a short period of time, such as attending a meeting or over meal breaks. All computer workstations connected to the City's nefinrork infrastructure remaining inactive for at least 15 minutes will lock automatically and require re-authentication to unlock. Virus Protection and Security Software All computer workstations, laptops, and servers must be protected from viruses and other security threats using up-to-date antivirus, anti-spyware, and anti-spam software. Users may not alter their system's configuration or take other steps to defeat virus protection devices or systems. Common sense precautions should be practiced by all users when visiting websites, downloading files, and opening e-mail attachments. All files on removal media, such as City-owned USB drives and devices, must be scanned for viruses before installation onto or access from City computer equipment. Any files suspected or known to contain viruses must be immediately reported to the IT staff for proper handling. Remote Network Access Remote access is defined as the ability to connect to a computer or network from off-site, such as from home, alternate work site, hotel, Internet kiosk, etc. Remote access into the City's network, or any device on the City's network, may be granted upon meeting the following conditions: • Acess must be for business-related purpose requested by department head and approved by the City Manager. • Remote computer must use City supported VPN (Virtual Private Network) technology. This access must only be configured and used on City approved devices. • Authentication and access control will be maintained via the City's domain. Valid network login and passwords are required and enforced. • While remotely connected, only the authorized user may have access to the computer making the connection. • Remote computer must comply with current antivirus, firewall, operating system patches, and security parameters defined by the IT Coordinator and in accordance with the LOGIS Members Security Policy. • In the event of a potential compromise of the VPN access, the compromised VPN access and related accounts will be shutdown until the situation has been investigated and remedied. All remote users are subject to the rules and regulations set forth in this entire policy for all City employees. Users should follow proper data practices protocols as directed by the Minnesota Government Data Practices Act. Storing of business-related data on a non City-owned computer is prohibited. Wire%ss Access 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. Cafeteria Plan Section 10.05 Revised 1/1/2006 Revised 5/18/2011 Any plan offering a choice between two or more qualified benefits is considered a cafeteria plan. The choices can be from among different levels of one type of benefit (eg, four different medical plans) or a variety of different eligible benefits (eg, life insurance or dental or medical coverage). 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 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. Eligibility • Regular full-time employees (one FTE) are eligible for the entire monthly City contribution. The effective date of the City's contribution and associated benefits is the first of the month following 30 calendar days after the first day of employment. Regular full-time employees must consistently work 40 hours each week to be eligible. • Specified management and supervisory employees who have been appointed in such designated positions prior to May 1, 2011 receive 2% of their salary per month in addition to the monthly City contribution to put toward purchase of cafeteria plan benefits. The effective date of the City's contribution and associated benefits is the first of the month following 30 calendar days after the first day of employment. • Regular 3/4-time employees (.75 FTE) are eligible for 75% of the monthly City contribution. The effective date of the City's contribution and associated benefits is the first of the month following 30 calendar days after the first day of employment. Regular 3/4-time employees must consistently work a minimum of 30 hours each week to be eligible. • Regular 1/2-time employees (.5 FTE) hired prior to May 1, 2011 are eligible for 50% of the monthly City contribution. The effective date of the City's contribution and associated benefits is the first of the month following 30 calendar days after the first day of employment. Regular 1/2-time employees must consistently work a minimum of 20 hours each week to be eligible. • Less-than-20-hour-per-week, temporary, and seasonal employees are not eligible for benefits. 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. Union Employees Union employees should consult their collective bargaining agreement for information regarding the City's monthly contribution toward cafeteria plan benefits. co ; )ki,H o Council f O G V 7635938006!763593i1 4409 (fax) Executive Summary For Action Golden Valley City Council Meeting May 17, 2011 Agenda Item 3. J. Board/Commission Appointments and Reappointments Prepared By Linda Loomis, Mayor Summary Each year staff contacts board and/or commission members whose term is expiring to find out if they are interested in being reappointed. Listed below are those who would like to be reappointed. Recommended Action Motion to make the following appointment: Board of Zoning Appeals: Jason Landis 1 year term term expires - 5/1/12 Motion to make the following reappointments: Board of Zoning Appeals: George Maxwell 1 year term term expires - 5/1/12 Luke Weisberg 1 year term term expires - 5/1/12 Alternate