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.
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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
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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
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City Administration/Council
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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/ /
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Saturday 5/21/11
GOLDEN VALLEY DAYS / c
1•=120' Rev. 5/22/2011 0461fygy
Prepared byye� '`�
Peter dnatne 612-369-9215 42/
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Public Safety 763-593-8055/763412 4497(fax)
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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)
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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.
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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.
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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.
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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: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
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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: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.
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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