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09-06-22 City Council Agenda REGULAR MEETING AGENDA City Council meetings are being conducted in a hybrid format with in-person and remote options for attending, participating, and commenting. The public can make statements in this meeting during public comment sections, including the public forum beginning at 6:20 pm. Remote Attendance/Comment Options: Members of the public may attend this meeting by watching on cable channel 16, streaming on CCXmedia.org, streaming via Webex or by calling 1- 415-655-0001 and entering access code 2456 029 4101. Members of the public wishing to address the Council remotely have two options: • Via web stream - Stream via Webex and use the ‘raise hand’ feature during public comment sections. • Via phone - Call 1-415-655-0001 and enter meeting code 2456 029 4101. Press *3 to raise your hand during public comment sections. 1. Call to Order A. Pledge of Allegiance and Land Acknowledgement Pages B. Roll Call C. Swearing-in Ceremony for Police Chief Virgil Green 3-4 2. Additions and Corrections to Agenda 3. Consent Agenda Approval of Consent Agenda - All items listed under this heading are considered to be routine by the City Council and will be enacted by one motion. There will be no discussion of these items unless a Council Member so requests in which event the item will be removed from the general order of business and considered in its normal sequence on the agenda. A. Approval of Minutes – Special City Council Closed Executive Session – August 16, 2022 5 B. Approval of Check Register 6 C. Licenses: 1. Approve Temporary On-Sale Liquor License – Good Shepherd Catholic Church 7 2. Approve Gambling License Exemption and Waiver of Notice Requirement – Community of Recovering People d/b/a The Retreat 8 D. Boards, Commissions, and Task Forces: 1. Receive and File Meeting Minutes – Environmental Commission – June 27, 2022 9-11 2. Accept Resignation from the Open Space and Recreation Commission 12 September 6, 2022 – 6:30 pm Council Chambers Hybrid Meeting City of Golden Valley City Council Regular Meeting September 6, 2022 – 6:30 pm 2 E. Bids, Quotes and Contracts: 1. Approve Agreement for Transportation and Disposal of Fill with M.B.E., Inc. 13-23 2. Approve Purchase of Two Bobcat Toolcats from Tri-State Bobcat Inc. 24-29 3. Approve Site Agreement Contract and Community Forestry Initiative Addendum with Reading & Math, Inc. DBA Ampact to Provide a Community Forestry Member 30-50 4. Approve Contract with the State of Minnesota Institution Community Work Crew Program 51-54 5. Approve Professional Services Agreement Amendment with WSB & Associates for Trunk Highway 55 Lift Station Relocation Project No. 20-18 55-79 6. Approve Contract with BKV for Fire Station Location Analysis and Public Safety Pre- Design 80-92 7. Approve Contract for Legal Services with Barna, Guzy & Steffen 93-95 F. Grants and Donations: 1. Adopt Resolution No. 22-071 Accepting a Donation for a Tree From the Rossborough Family to be Located at Natchez Park 96-97 2. Adopt Resolution No. 22-072 Accepting a Donation for a Park Bench to be Located at Seeman Park Honoring Yankel Plotkin 98-99 G. Adopt Resolution No. 22-073 Approving Final Plat for Golden Valley Business Center Addition and Authorize the Mayor and City Manager to Sign the Right-of-Way Permit Addendum in a Form Approved by the City Attorney 100-104 4. Public Hearing A. Public Hearing to Approve Resolution No. 22-074 to Vacate Right of Way Easement at Southwest Quadrant of Merribee Drive and Lee Avenue North Intersection 105-108 5. Old Business 6. New Business All Ordinances listed under this heading are eligible for public input. A. Second Consideration of Ordinance No. 743 - Amending the Master Fee Schedule to Include Licensing Fees for Tetrahydrocannabinol (THC) Retail Establishments and Resolution No. 22-075 Authorizing Summary Publication of the Ordinance 109-111 B. First Consideration of Ordinance No. 744– Amending the Master Fee Schedule for the Addition of a Grant Administration Fee 112-114 C. Review of Council Calendar 115 D. Mayor and Council Communications 1. Other Committee/Meeting updates 7. Adjournment Golden Valley City Council Meeting September 6, 2022 Agenda Item 1. C. Swearing-in Ceremony for Police Chief Virgil Green Prepared By Tim Cruikshank, City Manager Summary Minnesota Attorney General Keith Ellison will swear-in Police Chief Virgil Green. A reception at Brookview will follow the swearing-in ceremony. Supporting Documents • Reception flyer (1 page) GOLDEN VALLEY WELCOMES SWEARING-IN CEREMONY POLICE CHIEF VIRGIL L GREEN, SR TUE, SEPT 6, 2022 The ceremony at the City Council meeting will be followed by a reception at Brookview Golden Valley. Both the swearing-in ceremony and reception are open to the public. GOLDEN VALLEY CITY HALL COUNCIL CHAMBERS 7800 Golden Valley Rd Golden Valley, MN 55427 SWEARING-IN CEREMONY STARTING AT 6:30 PM BROOKVIEW GOLDEN VALLEY VALLEY ROOM 316 Brookview Pkwy S Golden Valley, MN 55426 RECEPTION STARTING AT 7 PM SPECIAL CITY COUNCIL CLOSED EXECUTIVE SESSION MINUTES 1. Call Closed Session to Order Mayor Harris called the meeting to order at 5:23 pm. Present: Mayor Shep Harris, Council Members Maurice Harris, Denise La Mere- Anderson, Gillian Rosenquist and Kimberly Sanberg Staff present: City Manager Cruikshank 2. Conduct Annual Performance Evaluation of City Manager Tim Cruikshank The meeting was closed as permitted by Minn. Stat. § 13D.05, subd. 3(a). A summary of the meeting was provided at the August 17, 2021 regular City Council meeting. 3. Adjournment The Closed Executive Session was adjourned by unanimous consent at 6:34 pm. ________________________________ Shepard M. Harris, Mayor ATTEST: _________________________________ Theresa J. Schyma, City Clerk August 16, 2022 – 5:15 pm Manager’s Conference Room Golden Valley City Hall Golden Valley City Council Meeting September 6, 2022 Agenda Item 3. B. Approval of City Check Register Prepared By Sue Virnig, Finance Director Summary Approval of the check register for various vendor claims against the City of Golden Valley. Financial Or Budget Considerations The check register has a general ledger code as to where the claim is charged. At the end of the register is a total amount paid by fund. Recommended Action Motion to authorize the payment of the bills as submitted. Supporting Documents Document is located on city website at the following location: http://weblink.ci.golden-valley.mn.us/WebLink/Browse.aspx?id=927129&dbid=0&repo=GoldenValley The check register(s) for approval: • 08-19-22 Check Register Golden Valley City Council Meeting September 6, 2022 Agenda Item 3. C. 1. Temporary On-Sale Liquor License – Good Shepherd Catholic Church Prepared By Theresa Schyma, City Clerk Summary Good Shepherd Catholic Church, 145 Jersey Avenue South, has applied for a temporary on-sale liquor license for their fall celebration “Oktoberfest” event on September 10, 2022 from 5:00 – 8:00 pm. The event will be outdoors in the church parking lot unless inclement weather causes the event to move indoors. Golden Valley City Code does allow temporary on-sale liquor licenses to be issued to a club or charitable, religious, or other nonprofit organization with Council approval. A certificate of liability insurance naming the City as an additional insured is also required and has been provided by the applicant. Financial Or Budget Considerations Fees received for temporary liquor licenses help to defray costs the City incurs to administer license requirements. Recommended Action Motion to approve a temporary on-sale liquor license for Good Shepherd Catholic Church, 145 Jersey Avenue South, for their fall celebration “Oktoberfest” event on September 10, 2022. Golden Valley City Council Meeting September 6, 2022 Agenda Item 3. C. 2. Gambling License Exemption and Waiver of Notice Requirement – Community of Recovering People Prepared By Theresa Schyma, City Clerk Summary The non-profit organization Community of Recovering People d/b/a The Retreat have applied for a Gambling License Exemption to conduct gambling (raffle) for their annual IMAGINE fundraising event at the Metropolitan Club and Ballroom, 5418 Wayzata Boulevard, on October 22, 2022. 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. Financial Or Budget Considerations Not applicable Recommended Action Motion to receive and file the gambling license exemption and approve the waiver of notice requirement for the Community of Recovering People d/b/a The Retreat to conduct gambling (raffle) for their annual IMAGINE fundraising event at the Metropolitan Club and Ballroom, 5418 Wayzata Boulevard, on October 22, 2022. Supporting Documents N/A REGULAR MEETING MINUTES Remote Attendance: Members of the public may attend th3is meeting via Webex by calling 1-415- 655-0001 and entering access code 1773 93 4642. Questions/Comments: Members of the public who have questions about the commission or any items on the agenda should contact the staff commission liaison – Eric Eckman, Environmental Resources Supervisor, eeckman@goldenvalleymn.gov, 763-593-8084. 1. Call to Order The meeting was called to order by Chair Weirich at 6:30 pm. 2. Roll Call Commissioners present: Wendy Weirich, Shannon Hanson, Tonia Galonska, Dawn Hill, Debra Yahle, Jim Stremel Commissioners absent: Scott Seys, Rachel Zuraff Council Members present: None Staff present: Eric Eckman, Environmental Resources Supervisor; Ethan Kehrberg, GreenCorps Member. 3. Approval of Agenda MOTION by Commissioner Stremel, seconded by Commissioner Hill to approve the agenda for June 27, 2022 and the motion carried. 4. Approval of May 23, 2022 Regular Meeting Minutes MOTION by Commissioner Hill, seconded by Commissioner Galonska to approve the minutes of May 23, 2022 as submitted and the motion carried. 5. Old Business A. Energy Summer EV Event i. 12 EV owners from Golden Valley, plus a couple others from outside the City. ii. We have already received requests to make this an annual event. 1. Will we have the support of Xcel in the future with our PiE partnership ending 12/22? 2. Cost was minimal – some cookies and a few posters. 3. Contact dealerships to get different car options at event? Possible test drives/rides? iii. The event was posted on the City’s website, Social Media, and Newsletter. Posters were put up at the library and City Hall. Ethan sent the info to EV Owners Groups. June 27, 2022 – 6:30 pm City of Golden Valley Environmental Commission Regular Meeting June 27, 2022 – 6:30 pm 2 iv. Could we do a solar home tour in 2023? B. Annual Work Plan i. Approved by council in May. 1. Item added by Council - Further explore participation in No Mow May. ii. Priority Items 1. Recycling and Organics. 1. Expanding programs. Reach out to multi-family, businesses. 2. Energy Action Plan. 3. Environmental Justice Collaboration. 1. Source maps and data for priority areas. 2. New staff member as well as the new GreenCorps member will work a lot on this with respect to trees and green infrastructure. 3. Big push on replenishing the tree canopy being lost to Emerald Ash Borer. 4. Expanding City-controlled EV chargers is on hold. Will lean more on the private sector with the federal grant money. 5. Explore options for rooftop solar at Brookview. C. Environmental Justice Collaboration i. We still need to hear back from Chris Mitchell from the DEIC on the prioritization maps. Prefer the weighted maps. We’ll complete the map once we hear their thoughts. 1. Social factors are weighted double what the environmental factors are weighted. The air quality color is much lighter as requested. 2. Grey circles are businesses with permits from MPCA for certain permitted emissions. 3. Make map interactive in future? 4. Map could become an attachment to an Environmental Justice Resolution. The Resolution could be a partnership with the DEIC. 6. New Business A. Land Acknowledgement Resolution and Actions i. Resolution about GV adopting this acknowledgement. ii. 3 Action items in the Resolution: 1. Say the Land acknowledgement before Council & Commission meetings. 2. DEIC to look into some action plan items for their work plan. 3. DEIC will look at researching the adoption of Indigenous Peoples Day – 2nd Monday in October. iii. EC to consider working with the DEIC on events associated with this effort iv. Tie in some of our plantings of native vegetation and tailor our plant choices to this? v. Ask one of the speakers that worked on the Bassett Creek Oral History Project to speak at one of our EC meetings. B. GreenStep Cities Actions 17.2, 18.4, 18.5 MOTION by Commissioner Hill, seconded by Commissioner Hansen to approve GreenStep Cities Best Practice Action 17.2 as submitted and the motion carried. MOTION by Commissioner Stremel, seconded by Commissioner Galonska to approve GreenStep Cities Actions 18.4 & 18.5 as submitted and the motion carried. City of Golden Valley Environmental Commission Regular Meeting June 27, 2022 – 6:30 pm 3 C. Organics Recycling Tour i. July 25 in lieu of the regular meeting. D. Program/Project Updates i. Schullers Tavern – The patio approval had some conditions that talked about mitigating increased impervious space by using porous or pervious pavers/pavement, or planting a small rain garden. E. Council Updates i. None F. Other Business i. June 28 & 29 - SLP City Hall hosting debates sponsored by the League of Women’s Voters. Ryan Winkler is running for County Attorney. 7. Adjournment MOTION by Commissioner Galonska, seconded by Commissioner Hansen to adjourn the meeting at 8:19 pm and the motion carried. ATTEST: ________________________________ _______________________________________ Carrie Nelson, Administrative Assistant Wendy Weirich, Chair Golden Valley City Council Meeting September 6, 2022 Agenda Item 3. D. 2. Accept Resignation from the Open Space and Recreation Commission Prepared By Tara Olmo, Assistant to the City Manager´s Office Summary Vice-Chair Bob Mattison has submitted their resignation from the Open Space and Recreation Commission. Financial Or Budget Considerations Not applicable Recommended Action Motion to accept the resignation of Bob Mattison from the Open Space and Recreation Commission. Golden Valley City Council Meeting September 6, 2022 Agenda Item 3. E. 1. Approve Agreement for Transportation and Disposal of Fill with M.B.E., Inc. Prepared By Tim Kieffer, Public Works Director Marshall Beugen, Street and Vehicle Maintenance Superintendent Summary Public Works stockpiles excess dirt from water main breaks, street sweeping, and other maintenance operations at the 10th Avenue storage yard. The area has become increasingly full, to the point where contract trucking and disposal of the unwanted material is needed. A multi-year plan to remove the dirt berm and install sectional concrete panels on the south side of the 10th Avenue storage yard is planned to create more space. Installing sectional concrete panels will act as visual screening and create more storage because they require less surface area than the existing berm used for screening. Additionally, panels can be used to create bins to keep different materials separate. The panels are modular and able to be relocated or repurposed if future needs change. Staff solicited quotes to transport and dispose of the material from over 85 disadvantage businesses. Staff received one quote from M.B.E., Inc. for $14.15 per cubic yard. Financial Or Budget Considerations The 2022 Buildings Capital Improvement Program (CIP) includes $125,000 for the transportation and disposal of fill (B-048). The total proposed cost is $106,125. Recommended Action Motion to authorize the Mayor and City Manager to execute the Contract for Transportation and Disposal of Fill with M.B.E., Inc. in the form approved by the City Attorney in the amount of $106,125. Supporting Documents •Contract for Hauling and Disposal of Fill with M.B.E. Inc. (10 pages) 1 CONTRACT FOR TRANSPORTATION AND DISPOSAL OF FILL THIS AGREEMENT is made this 6th day of September 2022 (“Effective Date”) by and between M.B.E., Inc., a trucking company located at 530 River Street South, Delano, MN 55328 (“Contractor”), and the City of Golden Valley, Minnesota, a Minnesota municipal corporation located at 7800 Golden Valley Road, Golden Valley, MN 55427 (the “City”): RECITALS A. Contractor is engaged in the business of transporting, delivering, and disposing of common fill. B. The City desires to hire Contractor to transport and dispose of common fill. C. Contractor represents that it has the professional expertise and capabilities to provide the City with the requested work. D. The City desires to engage Contractor to provide the work described in this Agreement and Contractor is willing to provide such work on the terms and conditions in this Agreement. NOW, THEREFORE, in consideration of the terms and conditions expressed herein, the City and Contractor agree as follows: AGREEMENT 1. The Work. Contractor shall perform the work more fully described in the attached Exhibit A (the “Work”). The Work includes all work and services required by this Agreement, whether completed or partially completed, and includes all labor, materials, equipment, and services provided or to be provided by Contractor to fulfill Contractor’s obligations. All Work shall be completed according to the specifications set forth in the attached Exhibit B. 2. Time for Completion. The Contractor shall proceed diligently and shall complete the Work to the satisfaction and approval of the City on or before December 1, 2022 (the “Contract Time”). Contractor shall notify the City in writing of any cause of delay of the Work within 24 hours after such cause of delay arises. If Contractor fails to complete the Work by the Contract Time, the City may immediately, or at any time thereafter, proceed to complete the Work at the Contractor’s expense. If Contractor gives written notice of a delay over which Contractor has no control, the City may, at its discretion, extend the Contract Time. 3. Consideration. In consideration of the performance of the Work, the City shall pay to Contractor the amount set forth herein Exhibit C (the “Contract Price”). The consideration shall be for both the Work performed by Contractor and the expenses incurred by Contractor in performing the Work. Contractor shall submit statements to the City containing a detailed list of project labor and hours, rates, titles, and amounts undertaken by Contractor during the relevant billing period. The City shall pay Contractor within thirty (30) days after receiving a statement from Contractor. 2 4. Extra Work. Unless approved by the City in writing, Contractor shall make no claim for extra work done or materials furnished, nor shall Contractor do any work or furnish any materials not covered by the plans and specifications of this Agreement. Any such work or materials furnished by Contractor without written City approval shall be at Contractor’s own risk and expense. Contractor shall perform any altered plans ordered by the City; if such alteration reduces the cost of doing such work, the actual amount of such reduction shall be deducted from the contract price for the Work. 5. Expense Reimbursement. Contractor shall not be compensated separately for necessary incidental expenses. All expenses of Contractor shall be built into Contractor’s fixed compensation rate, unless reimbursement is provided for an expense that received the prior written approval of the City, which approval may be provided via electronic mail. 6. Approvals. Contractor shall secure the City’s written approval before making any expenditures, purchases, or commitments on the City’s behalf beyond those listed in the Work. The City’s approval may be provided via electronic mail. 7. Protection of Persons and Property. Contractor shall be responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the performance of the Work. Contractor shall take reasonable precautions for the safety of, and shall provide reasonable protection to prevent damage, injury, or loss to: a. Persons performing the Work and other persons who may be affected by the Work; b. The Work and materials and equipment to be incorporated therein; and c. Other property at the site or adjacent to the site, such as trees, shrubs, lawns, walks, pavement, roadways, structures and utilities. Contractor shall promptly remedy damage and loss to property caused in whole or in part by Contractor or any of its subcontractors, agents, or anyone directly or indirectly employed by any of them. 8. Termination. This Agreement shall remain in force and effect commencing from the effective date and continuing until the completion of all of the parties’ obligations hereunder, unless terminated by the City or amended pursuant to the Agreement. Notwithstanding any other provision hereof to the contrary, this Agreement may be terminated as follows: a. The parties, by mutual written agreement, may terminate this Agreement at any time; b. Contractor may terminate this Agreement in the event of a breach of the Agreement by the City upon providing thirty (30) days’ written notice to the City; c. The City may terminate this Agreement at any time at its option, for any reason or no reason at all; or d. The City may terminate this Agreement immediately upon Contractor’s failure to have in force any insurance required by this Agreement. In the event of a termination, the City shall pay Contractor for Work performed to the date of termination and for all costs or other expenses incurred prior to the date of termination. 9. Amendments. No amendments may be made to this Agreement except in a writing signed by both parties. 3 10. Remedies. In the event of a termination of this Agreement by the City because of a breach by Contractor, the City may complete the Work either by itself or by contract with other persons or entities, or any combination thereof. These remedies provided to the City for breach of this Agreement by Contractor shall not be exclusive. The City shall be entitled to exercise any one or more other legal or equitable remedies available because of Contractor’s breach. 11. Records/Inspection. Pursuant to Minnesota Statutes § 16C.05, subd. 5, Contractor agrees that the books, records, documents, and accounting procedures and practices of Contractor, that are relevant to this Agreement or transaction, are subject to examination by the City and the state auditor or legislative auditor for a minimum of six years. Contractor shall maintain such records for a minimum of six years after final payment. The parties agree that this obligation will survive the completion or termination of this Agreement. 12. Indemnification. To the fullest extent permitted by law, Contractor, and Contractor’s successors or assigns, agree to protect, defend, indemnify, save, and hold harmless the City, its officers, officials, agents, volunteers, and employees from any and all claims; lawsuits; causes of actions of any kind, nature, or character; damages; losses; and costs, disbursements, and expenses of defending the same, including but not limited to attorneys’ fees, professional services, and other technical, administrative or professional assistance resulting from or arising out of Contractor’s (or its subcontractors, agents, volunteers, members, invitees, representatives, or employees) performance of the duties required by or arising from this Agreement, or caused in whole or in part by any negligent act or omission or willful misconduct by Contractor, or arising out of Contractor’s failure to obtain or maintain the insurance required by this Agreement. Nothing in this Agreement shall constitute a waiver or limitation of any immunity or limitation on liability to which the City is entitled. The parties agree that these indemnification obligations shall survive the completion or termination of this Agreement. 13. Insurance. Contractor shall maintain reasonable insurance coverage throughout this Agreement. Contractor agrees that before any work related to the approved project can be performed, Contractor shall maintain at a minimum: a. Worker’s Compensation Insurance as required by Minnesota Statutes, section 176.181; b. Business Auto Liability covering vehicles owned by Contractor and non-owned vehicles used by Contractor, with policy limits not less than $1,000,000.00 per accident, for bodily injury, death of any person, and property damage arising out of the ownership, maintenance, and use of such motor vehicles, along with any statutorily required automobile coverage; c. Commercial General Liability in an amount of not less than $1,000,000.00 per occurrence, $2,000,000 general aggregate, and $2,000,000 for products-completed operations hazard, providing coverage for claims including: i. Damages because of bodily injury, sickness or disease, including occupational sickness or disease, and death of any person; ii. Personal and advertising injury; iii. Damages because of physical damage to or destruction of property, including loss of use of such property; iv. Bodily injury or property damage arising out of completed operations; and v. Contractor’s indemnity obligations under this Agreement. 4 To meet the Commercial General Liability and Business Auto Liability requirements, Contractor may use a combination of Excess and Umbrella coverage. Prior to commencement of the Work, Contractor shall provide the City with a current certificate of insurance including the following language: “The City of Golden Valley is named as an additional insured with respect to the commercial general liability, business automobile liability and umbrella or excess liability, as required by the contract. The umbrella or excess liability policy follows form on all underlying coverages.” Such certificate of liability insurance shall list the City as an additional insured and contain a statement that such policies of insurance shall not be canceled or amended unless 30 days’ written notice is provided to the City, or 10 days’ written notice in the case of non-payment. 14. Compliance with State Withholding Tax. Before final payment is made for the Work on this project, Contractor must make a satisfactory showing that it has complied with the provisions of Minnesota Statutes, section 290.92 requiring the withholding of State Income Tax for wages paid employees on this project by providing to the City Engineer a Certificate of Compliance from the Commissioner of Taxation. Contractor is advised that before such Certificate can be issued, Contractor must first place on file with the Commissioner of Taxation an affidavit, in the form of an IC-134, that Contractor has complied with the provisions of Minnesota Statutes Section 290.92. 15. Assignment. Neither the City nor Contractor shall assign this Agreement or any rights under or interest in this Agreement, in whole or in part, without the other party’s prior written consent. Any assignment in violation of this provision is null and void. Neither the City nor Contractor shall assign, or transfer any rights under or interest (including, but without limitation, moneys that may become due or moneys that are due) in the Agreement without the written consent of the other except to the extent that the effect of this limitation may be restricted by law. Unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under this Agreement. Nothing contained in this paragraph shall prevent Contractor from employing such independent consultants, associates, and subcontractors, as it may deem appropriate to assist it in the performance of the Work required by this Agreement. Any instrument in violation of this provision is null and void. 16. Independent Contractor. Contractor is an independent contractor. Contractor’s duties shall be performed with the understanding that Contractor has special expertise as to the Work which Contractor is to perform and is customarily engaged in the independent performance of the same or similar work for others. Contractor shall provide or contract for all required equipment and personnel. Contractor shall control the manner in which the Work is performed; however, the nature of the Work and the results to be achieved shall be specified by the City. The parties agree that this is not a joint venture and the parties are not co-partners. Contractor is not an employee or agent of the City and has no authority to make any binding commitments or obligations on behalf of the City except to the extent expressly provided in this Agreement. All Work provided by Contractor pursuant to this Agreement shall be provided by Contractor as an independent contractor and not as an employee of the City for any purpose, including but not limited to: income tax withholding, workers' compensation, unemployment compensation, FICA taxes, liability for torts and eligibility for employee benefits. 17. Compliance with Laws. Contractor shall exercise due professional care to comply with applicable federal, state and local laws, rules, ordinances and regulations in effect as of the Effective Date. Contractor’s guests, invitees, members, officers, officials, agents, employees, volunteers, representatives, and subcontractors shall abide by the City’s policies prohibiting sexual harassment and tobacco, drug, and alcohol use as defined on the City’s Tobacco, Drug, and Alcohol Policy, as well as all other reasonable work 5 rules, safety rules, or policies, and procedures regulating the conduct of persons on City property, at all times while performing duties pursuant to this Agreement. Contractor agrees and understands that a violation of any of these policies, procedures, or rules constitutes a breach of the Agreement and sufficient grounds for immediate termination of the Agreement by the City. 18. Entire Agreement. The Contract Documents shall constitute the entire agreement between the City and Contractor, and supersede any other written or oral agreements between the City and Contractor. 19. Third Party Rights. The parties to this Agreement do not intend to confer any rights under this Agreement on any third party. 20. Choice of Law and Venue. This Agreement shall be governed by and construed in accordance with the laws of the state of Minnesota. Any disputes, controversies, or claims arising out of this Agreement shall be heard in the state or federal courts of Hennepin County, Minnesota, and all parties to this Agreement waive any objection to the jurisdiction of these courts, whether based on convenience or otherwise. 21. Conflict of Interest. Contractor shall use reasonable care to avoid conflicts of interest and appearances of impropriety in representation of the City. In the event of a conflict of interest, Contractor shall advise the City and, either secure a waiver of the conflict, or advise the City that it will be unable to provide the requested Work. 22. Agreement Not Exclusive. The City retains the right to hire other professionals, contractors and service providers for this or other matters, in the City’s sole discretion. 23. Data Practices Act Compliance. Any and all data provided to Contractor, received from Contractor, created, collected, received, stored, used, maintained, or disseminated by Contractor pursuant to this Agreement shall be administered in accordance with, and is subject to the requirements of the Minnesota Government Data Practices Act, Minnesota Statutes, Chapter 13. Contractor agrees to notify the City within three business days if it receives a data request from a third party. This paragraph does not create a duty on the part of Contractor to provide access to public data to the public if the public data are available from the City, except as required by the terms of this Agreement. These obligations shall survive the termination or completion of this Agreement. 24. No Discrimination. Contractor agrees not to discriminate in providing the Work under this Agreement on the basis of race, color, sex, creed, national origin, disability, age, sexual orientation, status with regard to public assistance, or religion. Violation of any part of this provision may lead to immediate termination of this Agreement. Contractor agrees to comply with Americans with Disabilities Act as amended (“ADA”), section 504 of the Rehabilitation Act of 1973, and the Minnesota Human Rights Act, Minnesota Statutes, Chapter 363A. Contractor agrees to hold harmless and indemnify the City from costs, including but not limited to damages, attorneys’ fees and staff time, in any action or proceeding brought alleging a violation of these laws by Contractor or its guests, invitees, members, officers, officials, agents, employees, volunteers, representatives and subcontractors. Upon request, Contractor shall provide accommodation to allow individuals with disabilities to participate in all Work under this Agreement. Contractor agrees to utilize its own auxiliary aid or service in order to comply with ADA requirements for effective communication with individuals with disabilities. 6 25. Authorized Agents. The City’s authorized agent for purposes of administration of this contract is Tim Kieffer, or designee. Contractor’s authorized agent for purposes of administration of this contract is Dan Zimmerman, or designee who shall perform or supervise the performance of all Work. 26. Notices. Any notices permitted or required by this Agreement shall be deemed given when personally delivered or upon deposit in the United States mail, postage fully prepaid, certified, return receipt requested, addressed to: CONTRACTOR THE CITY Dan Zimmerman 530 River Street South Delano, MN 55328 danz@mbemn.com City of Golden Valley 7800 Golden Valley Road Golden Valley, MN 55427 tkieffer@goldenvalleymn.gov or such other contact information as either party may provide to the other by notice given in accordance with this provision. 27. Waiver. No waiver of any provision or of any breach of this Agreement shall constitute a waiver of any other provisions or any other or further breach, and no such waiver shall be effective unless made in writing and signed by an authorized representative of the party to be charged with such a waiver. 28. Headings. The headings contained in this Agreement have been inserted for convenience of reference only and shall in no way define, limit or affect the scope and intent of this Agreement. 29. Payment of Subcontractors. Contractor agrees to pay all laborers employed and all subcontractors furnishing material to Contractor in the performance of this Agreement. If Contractor fails to pay any claims and demands for labor and materials, the City may apply the monies due to Contractor toward paying and satisfying such claims and demands. The City has the right to apply monies due to Contractor towards paying any accrued indebtedness or any claim which may hereafter come due against Contractor. The amount of such payments shall be deducted from the balance due to the Contractor; provided that nothing herein nor any variation from the amounts and timing of the installments shall be construed as impairing the right of the City or of those to whose benefit the bond herein agreed upon shall insure, to hold Contractor or surety liable on the bond for any breach of the conditions of the same nor as imposing upon the City any obligation to laborers, materialmen, contractors, or sureties to pay or to retain for their benefit any monies coming to the contractor hereunder. Pursuant to Minnesota Statutes, Section 471.425, Subdivision 4(a), Contractor must pay any subcontractor within ten (10) days of Contractor’s receipt of payment from the City for undisputed services provided by the subcontractor. Contractor must pay interest of one and one-half percent (1½%) per month or any part of a month to the subcontractor on any undisputed amount not paid on time to the subcontractor. The minimum monthly interest penalty payment for an unpaid balance of $100.00 or more is $10.00. For an unpaid balance of less than $100.00, Contractor shall pay the actual penalty due to the subcontractor. A subcontractor who prevails in a civil action to collect interest penalties from the Contractor shall be awarded its costs and disbursements, including attorney’s fees, incurred in bringing the action. 7 30. Severability. In the event that any provision of this Agreement shall be illegal or otherwise unenforceable, such provision shall be severed, and the balance of the Agreement shall continue in full force and effect. 31. Signatory. Each person executing this Agreement (“Signatory”) represents and warrants that they are duly authorized to sign on behalf of their respective organization. In the event Contractor did not authorize the Signatory to sign on its behalf, the Signatory agrees to assume responsibility for the duties and liability of Contractor, described in this Agreement, personally. 32. Counterparts and Electronic Communication. This Agreement may be executed in two or more counterparts, each of which shall be deemed an original, but all of which taken together shall constitute one and the same instrument. This Agreement may be transmitted by electronic mail in portable document format (pdf) and signatures appearing on electronic mail instruments shall be treated as original signatures. 33. Recitals. The City and Contractor agree that the Recitals are true and correct and are fully incorporated into this Agreement. IN WITNESS WHEREOF, the City and Contractor have caused this Independent Contractor Agreement to be executed by their duly authorized representatives in duplicate on the respective dates indicated below. M.B.E., INC.: CITY OF GOLDEN VALLEY: By: _________________________________ Susie Borell, Vice President By: _________________________________ Shepard M. Harris, Mayor By: _________________________________ Timothy J. Cruikshank, City Manager EXHIBIT A SCOPE OF WORK 1. Loading. City shall provide equipment and operator to load Materials using the highest standard of care for safety. Over-weight loads are the responsibility of the City loading the trucks. 2. Transportation. Contractor shall transport and unload the Materials using the highest standard of care for safety. Contractor shall ensure that no portion of the Materials are lost during transport. Should any Materials be spilled or drift during transport, Contractor agrees to immediately take all necessary steps to clean up said Materials. 3. Disposal. Contractor shall provide trucks and drivers to haul the materials indicated below (the “Materials”) to the disposal sites indicated below. MATERIAL DISPOSAL SITE Common Fill 3730 Chaska Blvd, Chaska, MN 55318 Common Fill 11899 West River Road, Watertown, MN 55388 4. Dirt Accepted “As Is” Without Warranty or Representation. Contractor reserves the right to reject any and all Materials during the disposal process if the parties determine that the Materials are contaminated by a hazardous substance. Contractor may inspect the Materials for hazardous substances by visual inspection or smell. If additional testing is required to determine whether the Materials are contaminated, the City shall bear the cost of testing. Contractor also reserves the right to reject asphalt or concrete rubble encountered at the site. Any rejected Materials remain the responsibility of the City. Once Contractor accepts Materials, Contractor expressly assumes all risks, known and unknown, from the loading, transport, unloading and use of the accepted Materials and accepts all such Materials “as is” without warranty, promise or representation as to its composition, quality, or lack of contamination. 5. Other Responsibilities. Contractor is a for hire motor carrier and shall be solely responsible for assigning drivers to drive Contractor’s trucks. Contractor shall be solely responsible for the employment, training, and supervision of its drivers and for the operation, maintenance and repair of its trucks, and any other equipment. Contractor shall have current registration and permits for all trucks and equipment, and shall be responsible for all operating expenses associated with the operation of the trucks or other equipment during this agreement. All drivers used by Contractor for performing its work under this agreement shall have the qualifications and licenses required by the state of Minnesota and all applicable Federal Motor Carrier Safety Regulations. Contractor shall not use an unqualified or disqualified driver for any of the Work under any circumstances. EXHIBIT B SPECIAL CONDITIONS 1. Responsible Contractor Certification. Contractor and subcontractor(s) shall be a “responsible contractor” as defined in Minnesota Statutes §16C.285, subdivision 3. Contractor or subcontractor(s) that do not meet the minimum criteria established in Minnesota Statutes §16C.285, subdivision 3, or who fails to verify compliance with the minimum requirements, will not be a “responsible contractor” and will be ineligible to perform the Work. Contractor and subcontractor(s) are that make a false statement verifying compliance with any of the minimum criteria shall result in the termination of this Agreement. 2. Hours of Operation. Work shall occur Monday through Friday from 7:00 a.m. to 3:00 p.m. excluding holidays. 3. Mobilization. The mobilization shall be included in the base price in all aspects of the Work per unit price herein Exhibit C. No additional compensation will be considered for mobilization. 4. Noise Elimination. The Contractor shall eliminate noise to as great an extent as possible at all times. Air compressing plants shall be equipped with silencers, and the exhausts of all gasoline motors or other power equipment shall be provided with mufflers approved by the manufacturer. 5. DOT Compliance. All of Contractor’s drivers performing work for the City must be in compliance with DOT requirements related to holding a Commercial Driver’s License (CDL). Contractor shall be responsible for ensuring its own compliance with all applicable DOT regulations and requirements, including but not limited to DOT regulations related to drug testing and the maintenance of drug testing records. Contractor shall indemnify and hold harmless the City for any fines incurred as a result of Contractor’s failure to comply with DOT requirements as set forth above. It shall be Contractor’s responsibility to comply and provide evidence to the City of DOT compliance upon request. 6. Risk of Loss. Contractor acknowledges that it will bear all risk of loss with regard to its performance under this Agreement, including without limitation, cost on losses caused by delays attributable to Contractor, breakdowns of trucks, equipment and the acts or omissions of Contractor’s employees. Contractor acknowledges that the City owns trucks and equipment for similar work and has employees for operating such trucks and equipment. Contractor agrees that the City may utilize its trucks, equipment and employees in any manner that it wishes and that the City is not obligated to order work from Contractor unless it chooses not to use its own trucks and equipment. 7. Measurement and Payment. Payment for all items for this project shall be by the unit price as stated herein Exhibit C. The estimated quantities on the Proposal form are for determination of the lowest cost for the Work. The City reserves the right to increase or decrease quantities shown on the Proposal to stay within the amount budgeted by the City. No claims for extra compensation due to increased or decreased quantities shall be considered. Contractor shall submit all final quantities to the City within one month after completion of the Work. EXHIBIT C PROPOSAL Contractor certifies that an examination has been made of the scope and location of work and proposes to furnish all necessary machinery, equipment, tools, labor and other means for the Work and to furnish all materials specified in the manner and at the time prescribed in the Contract Documents. Contractor understands that the quantities shown herein are approximate only and are subject to increase or decrease. Contractor further understands all quantities, whether increased or decreased, shall be performed at the unit prices below. The cost of hauling to the dumpsite and the cost of dumping material at the site shall be included in the prices bid for the equipment. Description Units Quantity Unit Price Total TRANSPORTATION AND DISPOSAL OF FILL CY 7,500 $ 14.15 $ 106,125.00 TOTAL COST TO PROVIDE SERVICES FOR TRANSPORTAION OF DISPOSAL OF FILL $ 106,125.00 Golden Valley City Council Meeting September 6, 2022 Agenda Item 3. E. 2. Approve Purchase of Two Bobcat Toolcats from Tri-State Bobcat Inc. Prepared By Tim Kieffer, Public Works Director Marshall Beugen, Street and Vehicle Maintenance Superintendent Summary Two Bobcat Toolcats will be 10 years old, reached their useful life cycle, and need to be replaced. Staff proposes to order two Bobcat Toolcats scheduled for 2023 to prevent delays due to supply chain issues. It is anticipated the city will not take delivery of the vehicles before the end of 2022. Staff evaluates vehicles and equipment on an annual basis to determine replacement programing. The vehicles scheduled for replacement meet the criteria set forth in the City’s Vehicle Replacement Policy and Vehicle Condition Index (VCI). The VCI is a tool used to assess all vehicles and equipment scheduled for replacement. Below is a summary of the ratings: Vehicle Condition Index Qualifies for Replacement 23-27 Needs Immediate Consideration 28 and above Unit No. Year/Make/Model VCI 486 2013 5610 Bobcat Toolcat 47 510 2013 5600 Bobcat Toolcat 43 Staff recommends purchasing the vehicles from the state contract through the State of Minnesota’s cooperative purchasing venture (CPV). The Minnesota Materials Management Division has awarded contract number 202992. After the initial purchase, staff proposes to include the two Toolcats in the Annual Bobcat Equipment Trade-Out Program. Financial Or Budget Considerations The 2022-2031 Vehicles and Equipment Capital Improvement Program includes $55,000 for Unit 486 (V&E-089) and $55,000 for Unit 510 (SS-041). Below is a summary of the proposed purchases: City Council Regular Meeting Executive Summary City of Golden Valley September 6, 2022 2 Contract No. Item Vendor Amount 202992 Bobcat UW53 Toolcat Tri-State Bobcat Inc. $68,939.49 Unit 469 Trade-in $24,939.49 Total Remittance to Vendor $44,000.00 Contract No. Item Vendor Amount 202992 Bobcat UW53 Toolcat Tri-State Bobcat Inc. $65,298.84 Unit 469 Trade-in $25,298.84 Total Remittance to Vendor $40,000.00 Recommended Action Motion to approve purchase of two Bobcat Toolcats from Tri-State Bobcat Inc., in the amount of $84,000. Supporting Documents •Bobcat Toolcat UW53 quote from Tri-State Bobcat Inc. (2 pages) •Bobcat Toolcat UW56 quote from Tri-State Bobcat Inc. (2 pages) Factory Installe Attachments 29 f 12.5 TurfTires Block Heater I 68"Jleavy Duty Bucket Bolt-On Cutting Edge, 68" Total of Item;s Quoted Dealer P.D.I.! Freight Charhes M 1227-R05-C05 M 1227-A0I-C02 7272679 6718006 Dealer Asserhbly Ch�rges Trade-in j ! 2013 5610 s/n APFBl 1538 3009 HOURS Quote Total US do\lars Notes: Prici g per ¥N State Equipment Contract# 202992 Release # E-110(5) $668. l 0 $110.50 $1,109.25 $300.00 $668.10 $110.50 $ l,l09.25 $300.00 $67,629.49 $225.00 $1,085.00 $0.00 ($24,939.49) $44,000.00 recedin° rice uotes. I I DATE: 09-06-2022 CITY OF GOLDEN VALLEY _______________ SHEPARD M. HARRIS, MAYOR _______________ TIMOTHY J. CRUIKSHANK, CITY MANAGER Total of lte1�is Quoted Dealer P.DJ Freight Charges Dealer Assembly Charges Trade-in 2013 5600 Toolcat A94Yl 3229 Quote Total - US dollars Notes: Pricing per MN State Equipment Contract# 202992 Release # E-110(5) $63,563.84 $225.00 $1,510.00 $0.00 ($25,298.84) $40,000.00 / All prices subject to change without prior notice or obligation. This price quote supersedes all preceding price quotes. DATE: 09-06-2022 CITY OF GOLDEN VALLEY _______________ SHEPARD M. HARRIS, MAYOR _______________ TIMOTHY J. CRUIKSHANK, CITY MANAGER Golden Valley City Council Meeting September 6, 2022 Agenda Item 3. E. 3. Approve Agreements with Reading & Math, Inc. DBA Ampact Prepared By Tim Kieffer, Public Works Director Al Lundstrom, Park Maintenance Superintendent Summary The city was selected to host an AmeriCorps member to help mitigate and prepare for climate change, with a focus on preserving and increasing tree canopy. The AmeriCorps member, under the guidance of the City Forester, will perform activities that are part of the Community Forestry Initiative as follows: • Tree inventorying • Tree planting • Emerald Ash Borer management plan development and implementation • Resident volunteer recruitment, training, and mobilization • Community outreach and education activities • Other activities in support of the city’s mission to preserve and increase tree canopy The agreement ends July 31, 2023. Financial Or Budget Considerations This is no cost to the city. Recommended Action Motion to authorize the Mayor and City Manager to execute the Site Agreement Contract with Reading & Math, Inc. DBA Ampact in the form approved by the City Attorney to provide a Community Forestry member. Motion to authorize the Mayor and City Manager to execute the Community Forestry Initiative Addendum with Reading & Math, Inc. DBA Ampact in the form approved by the City Attorney to provide a Community Forestry member. City Council Regular Meeting Executive Summary City of Golden Valley September 6, 2022 2 Supporting Documents • Site Agreement Contract with Reading & Math, Inc. DBA Ampact (16 pages) • Community Forestry Initiative Addendum with Reading & Math, Inc. DBA Ampact (4 pages) DocuSign Envelope ID: 5189CEF5-7F05-4CB7-998B-1A678507B6CC 2022-2023 Ampact Site Agreement │ 1 Site Agreement The purpose of this agreement is to establish the basic parameters of the Service Site’s participation in AmeriCorps with Reading & Math, Inc. DBA Ampact for the 2022-2023 program year. Reading & Math, Inc. administers AmeriCorps programs that provide AmeriCorps members as a resource. This Agreement is valid through July 31, 2023 . A. AmeriCorps programs: Reading Corps, Math Corps, Early Learning Corps, Recovery Corps, Climate Impact Corps, Heading Home Corps, Public Health Corps, and any other AmeriCorps program administered by Reading & Math, Inc. are AmeriCorps programs. AmeriCorps is a national service program that engages people in a commitment to service in meeting needs in their local communities. For more information, visit www.americorps.gov. B. Parties to this agreement: 5933 - City of Golden Valley, Golden Valley, Minnesota 55427 hereafter referred to collectively as “Service Site” Reading & Math, Inc. DBA Ampact, 1200 S Washington Ave, Ste 310, Minneapolis MN 55415, hereafter referred to collectively as “Program” C. Definitions: 1. AmeriCorps Member. Individual who makes a commitment to serve for one term through the Program in a specific Program position, as listed in addendum. AmeriCorps members are not employees or volunteers; they are completing service and should be referred to as a “member”. 2. Service Site. This is the partner organization that hosts an AmeriCorps member to perform their service activities as outlined in their position description. 3. Internal Coach and/or Site Supervisor. Designee of the partnering Service Site who provides regular on-site supervision to ensure Program objectives are met and AmeriCorps regulations are upheld. 4. Program Staff. Any employee of Program who provides oversight and management for the Program including, member recruitment/management, site management, coaching, and compliance with AmeriCorps regulations. 5. AmeriCorps. Federal agency for all AmeriCorps programs. Hereafter referred to as “AmeriCorps” or “the Corporation”. D. Early termination: Any party to the Agreement can cancel the Agreement in writing at any time. At Program’s discretion, the Service Site’s failure to comply with the terms and conditions of this Agreement may result in forfeiting of the Service Site’s awarded members for the current program year and immediate termination of this Agreement. E. Grievance Procedure: Service Site will inform Program, in writing, of any instance in which the DocuSign Envelope ID: 5189CEF5-7F05-4CB7-998B-1A678507B6CC 2022-2023 Ampact Site Agreement │ 2 Service Site wishes to initiate the grievance procedure that is maintained by the Program. The specific grievance must be cited to initiate the process. Concerns should be reported as early as possible. Formal grievances must be presented in writing within one year of the date of the disputed events. In the case of a grievance that alleges fraud or criminal activity, it must immediately be brought to the attention of the AmeriCorps Inspector General at https://www.americorpsoig.gov/ or by calling 1-800-452-8210. TERMS AND CONDITIONS OF AGREEMENT 1) Commitment to the Program Objectives and Model: The Service Site and Program agree to commit to Program objectives and Program Model, as articulated in the addendum(s). 2) AmeriCorps Service Environment a) Safe service environment: The Service Site agrees to provide the AmeriCorps member with a safe service environment. Service Site will ensure members are provided with health and safety materials comparable to that provided to Service Site staff and volunteers. Service Site will provide training to members on site-specific safety policies and protocols. b) Inclusive service environment: Program values the diversity of our staff, members, site partners, and participants we serve. We value both the visible and invisible diversity present within our Program. Program believes that we all must strive to create and nurture an environment that demands, engages, celebrates, and cultivates diversity. Program and Service Site commit to a continuous process to cultivate an environment that is inclusive and respectful to those from all backgrounds and experiences. Any decisions or actions made by Service Site or Program or its partner organizations that are not consistent with an environment of inclusivity will be seen as a breach of this Site Agreement and any further relationship between Program and the Service Site could be terminated. Service Site will provide the AmeriCorps member with a welcoming and inclusive service environment. Service Site will treat members as part of the staff team, including inviting them to participate in staff activities or workshops, including in staff communication (e.g., adding to a staff email list), listing in staff directory, providing a name badge if needed, etc. Service Site staff will introduce member at a staff meeting or similar setting. c) Site staff engagement: Service Site will educate all staff about the purpose of the member position and Program, with support from Program Staff as needed. Leadership at the Service Site should be strong advocates for Program to garner staff support and buy-in. d) AmeriCorps signage: Service Site will post an AmeriCorps sign provided by Program in a visible location, such as a front office, lobby, or other area frequented by visitors or the public, to identify the organization as an AmeriCorps site. e) Prohibited Activities: Service Site will post the full list of Prohibited Activities provided by Program in the member’s workspace. f) Non-displacement: Service Site will ensure an AmeriCorps member is not used to displace an employee or paid position (see “Federal Policies” section of this agreement). Examples of DocuSign Envelope ID: 5189CEF5-7F05-4CB7-998B-1A678507B6CC 2022-2023 Ampact Site Agreement │ 3 inappropriate service may include but are not limited to substituting or filling in for paid staff, inclusion in a staff to student/participant ratio, and administrative work not related to the Program. g) Accessibility: Service Site must be accessible to people with disabilities. h) Reasonable accommodations: In accordance with the Americans with Disabilities Act, any member with a disability known to Program may request a reasonable accommodation to enable performance of the essential functions of the AmeriCorps position. When this occurs, Program makes individualized decisions based on cooperative communications with the member and the Service Site. The Service Site shall work cooperatively with Program to facilitate this process as needed. i) Computer access and liability: Ensuring compliance at all times with the terms and conditions of Paragraph 5 (Data Management and Privacy) below, the Service Site shall provide members with access to a computer or other electronic device as follows: i) Members must have access to a computer with a suite of office tools (Microsoft, Google, etc.) and Internet for Program-related purposes (i.e., completing time sheets, entering participant data in an online database, checking Program email, etc.). The computer used by the member must have a modern web browser (Chrome, Firefox, Safari, or Microsoft Edge) installed in either the browser’s current or next most recent version and should operate at a speed at least on par with computers used by staff. Any firewall software in use must permit unhindered and unrestricted access to all websites necessary for completing required Program-related tasks and reviewing online Program support and training materials ii) Sites are encouraged to issue an email address. This is required if common email providers are blocked at the Service Site. iii) Portable devices (1) Any portable device issued to a member by the Service Site shall be solely on the basis of a written technology agreement defining the terms of use, including at least: whether and when the device can be transported out of the Service Site, procedures to be followed in the event of loss of the device, and any specific data protection requirements. (2) By execution of this agreement, the Service Site agrees to cleanse the device of confidential data as defined in Paragraph 5) below. At the request of Program, the Service Site will provide written assurance that the device has been cleansed of confidential data as defined in Paragraph 5) below. (3) During and following the term of service, the Service Site shall bear the full risk of loss of any such device or its data. j) Workspace: Service Site will provide members with a reasonable and quiet workspace to work with individuals, including access to a locked drawer to store confidential participant data. k) Materials, Supplies, and Equipment: Program will provide any instructional resources and manuals required by AmeriCorps members to understand and implement the Program Model. Service Site will provide any materials, supplies, and/or equipment used by the member in carrying out service activities at or on behalf of the Service Site, including but not limited to photocopies, office supplies, and specialized equipment. DocuSign Envelope ID: 5189CEF5-7F05-4CB7-998B-1A678507B6CC 2022-2023 Ampact Site Agreement │ 4 l) Drug-Free Workplace Act: Pursuant to the Drug-Free Workplace Act of 1988, the Program is committed to maintaining a drug and alcohol-free environment. Members are prohibited from the illegal use, manufacture, sale, dispensation, distribution, or possession of illegal drugs, controlled substances, narcotics, or alcoholic beverages on Program premises, Service Sites, or while traveling in an official capacity. Service is conditioned upon compliance with this policy. The Program requires that each member engaged in the performance of a federal grant shall, as a condition of service under the grant, abide by the terms of this policy and shall notify Program Staff in writing of any criminal drug charge, arrest, or conviction occurring during service no later than five (5) days after such charge, arrest, or conviction. Upon receiving notice or otherwise learning about the charge, arrest, or conviction the Program will notify appropriate Federal-contracting agency within ten (10) days. Within 30 days of receiving such notice, the Program will (1) take disciplinary action up to and including exit for cause consistent with AmeriCorps rules regarding termination and suspension of service, or (2) require the member to satisfactorily participate in an approved drug treatment program. The Program shall make a good faith effort to continue to maintain a drug-free workplace through implementation of this policy. [Reference: 41 U.S.C. § 701 et seq.] 3) Member Recruitment and Selection a) Recruitment: The Service Site will work in collaboration with Program Staff to recruit and fill its positions by the deadlines set by Program. The Service Site will utilize recruitment materials provided by Program to recruit individuals to serve in their site. Individuals should be directed to apply on Program’s website. b) Interview: Program Staff will screen all applications, conduct phone interviews, and manage final interviews and offers for all candidates. c) Selection: Program Staff have the responsibility and authority to extend an offer for a position to an applicant. The Service Site will not extend an official offer to any applicant; it may, however, give its recommendation to Program Staff who are responsible for making an offer. Program Staff reserve the right to make the final decision regarding the selection of members to enforce a fair and equitable hiring process. Program will not discriminate for or against any AmeriCorps service member or applicant on the basis of race, color, national origin, gender, age, religion, sexual orientation, disability, gender identity or expression, political affiliation, marital or parental status, familial status, military service, or any other category protected by law. d) Background checks: Member service is contingent upon successful completion of a three-part federally mandated background check (FBI, state repository, and sex offender registry checks). Program will conduct and pay for a thorough background check on each applicant prior to their official acceptance into the Program. Program will notify Service Sites if the applicant did not clear the background check according to the Program and AmeriCorps policy. Actual results of the background check will not be shared with sites without written permission from the applicant. Background check results will not be shared with the Service Site where prohibited by law. Service Sites must indicate in this Agreement if it intends to conduct its own additional background check. Service Site assumes all responsibility for costs associated with additional DocuSign Envelope ID: 5189CEF5-7F05-4CB7-998B-1A678507B6CC 2022-2023 Ampact Site Agreement │ 5 background checks. A member may not be asked to pay for the cost of a background check. e) Replacing members: In most cases, the site may not replace a member who exits the Program early. However, sites are allowed to replace a member who terminates service before completing 30 percent of the term. f) Transferring members: The Program reserves the right to transfer members from one partner organization to another partner organization in circumstances in which Program requirements are not being fulfilled. Other situations may arise which will require the Program to transfer a member on a case-by-case basis. g) Prohibition on member employment at Service Site: Members should not obtain paid employment at their Service Site while simultaneously enrolled as an AmeriCorps member (excluding positions in a Professional Corps grant). If your member expresses interest in onsite employment opportunities or is already employed by the Service Site, Program Staff should be consulted to ensure compliance with federal guidance (AmeriCorps State and National Policy FAQs C.38). Additionally, Service Site may not hire its member (or a member currently serving at another Service Site) as a staff person during their term of service as it would require a member to cease their service with AmeriCorps. Every reasonable effort should be made by the site to support a member in the successful completion of their Program commitment. 4) Member Management and Supervision a) Internal Coach and/or Site Supervisor: The Service Site must designate a person(s) to be the Internal Coach and/or Site Supervisor, who will provide programmatic support and supervision to the AmeriCorps member(s). If this person is not designated prior to the member starting, the site Administrator/Director assumes responsibility for this role until a staff person is named. This person cannot be an AmeriCorps member. The Service Site must allow sufficient time for Internal Coach/Site Supervisors to fulfill their Program responsibilities, including completing required Program training and attending scheduled meetings. The time commitment is approximately 6-9 hours per month to support each member, plus required training. If the designated Internal Coach/Site Supervisor is not able to complete the program year (e.g., they take a leave of absence from their position at the site), the Service Site is required to designate someone to be the Internal Coach/Site Supervisor for the remainder of the program year. The duties of the Internal Coach and/or Site Supervisor include: i) On-site orientation: Provide an on-site orientation for the AmeriCorps member. This will include a tour of the building(s), explanation of site policies (including dress code, safety procedures, and data confidentiality), site expectations for the member, etc. This orientation should include setting a schedule for regular check-in meetings with each member. DocuSign Envelope ID: 5189CEF5-7F05-4CB7-998B-1A678507B6CC 2022-2023 Ampact Site Agreement │ 6 ii) Member Safety: In the event of a disaster or emergency that requires the closure of the Service Site (i.e. public health emergency, bomb threat, fire, blizzard, burst water pipe, teacher strike, etc.), the Internal Coach/Site Supervisor is responsible for notifying Program Staff immediately so that Program can enact an alternative service plan for the AmeriCorps member. iii) Member time sheet approval: Establish a sign-in and sign-out procedure on-site to verify hours served by the member. Approve member time sheets every two weeks by the deadline. If a member’s time sheet is not approved by the deadline for the pay period, the member’s living allowance will be delayed until the following pay period and the time sheet is approved. iv) Set member schedule: Develop a schedule with the member that includes: (1) The ability to serve a minimum weekly number of hours that aligns with the member’s commitment as stated in their Member Service Agreement. (See Program-specific addendum for details.) (2) A full caseload of participants as defined by Program. (3) Adequate time for data entry and meeting time with the Internal Coach/Site Supervisor. (4) Time to attend all required training and/or events. v) Data checks: Review data collected by members on a regular basis to ensure accuracy and complete reporting of services provided. Internal Coaches/Site Supervisors can determine the most convenient method for themselves to monitor data collection. vi) Performance management: Set clear expectations for the member at the start of their term, provide ongoing feedback on their performance, and immediately communicate any performance concerns to Program Staff. Work closely with Program Staff and Service Site Administrators/Directors (if applicable) if disciplinary action is needed. Members are expected to adhere to site policies regarding issues such as confidentiality, safety, dress code, attendance, etc. The Service Site does not have the authority to terminate a member but does have the authority to contact Program Staff to enact the Program performance management procedure, which includes providing documentation required for the member’s personnel file. vii) Training completion: Complete required training as scheduled by Program. viii) Program site visits: Participate, as required or requested, in visits by Program. b) Member training: Program Staff will coordinate the logistics for the member and Internal Coach/Site Supervisor trainings for Program that occur throughout the year. The Service Site will include members in relevant on-site training and/or staff meetings as part of their AmeriCorps service. Any expenses related to this training (e.g. food) are paid for by the Service Site. c) Content specialists: Program supports services sites and members by providing content specialists that support the implementation of the Program model at Service Sites. (See Program-specific addendum for details.) DocuSign Envelope ID: 5189CEF5-7F05-4CB7-998B-1A678507B6CC 2022-2023 Ampact Site Agreement │ 7 d) Meetings and site visits: Program Staff will conduct meetings and/or site visits, as needed, during the year with members and contacts of the Service Site. e) Monitoring Program requirements: Program Staff will track and monitor each member’s progress in completing Program requirements and provide timely updates to the Internal Coach/Site Supervisor to ensure members will complete required service hours by the end of their term of service. f) Member personnel file: Program is responsible for completing and maintaining a personnel file for each member, which includes all required documents (member eligibility documentation, time sheets, disciplinary action, performance evaluations, etc.). g) Member benefits: Program is responsible for administering and overseeing the member benefits (as applicable), including living allowance, education award, health insurance, federal student loan forbearance, child care reimbursement, and any additional benefits for which the member qualifies. h) Worker’s Compensation or Accidental Death & Dismemberment: Program will cover AmeriCorps members under a Worker’s Compensation or Accidental Death & Dismemberment policy as required by state law. i) Conflict resolution: Program Staff work together with Service Site staff, including the Internal Coach/Site Supervisor, in resolving any member issues. 5) Data Management and Privacy a) Data management systems: Program will provide a secure, online data management system for tracking participant information and progress. b) Participant Data: The Service Site will support members in collecting data for participants who receive services from the Program, as detailed in the Program-specific addendum. Data is maintained online in a secure, data-privacy-compliant system. Service Sites are responsible for completing data management system training and monitoring their members’ reports to ensure data is submitted regularly and accurately. c) Data Privacy: Program is required by law to protect the confidentiality of Personally Identifiable Information (PII) that is collected or made available due to the nature of the Program. This information includes, but is not limited to, the PII of AmeriCorps members, Service Site staff, or Program participants. PII is defined as any information, physical or electronic, about an individual that can be used to distinguish or trace a person’s identity, including but not limited to: name, social security number, date and place of birth, mother’s maiden name, education, financial transactions, medical, criminal and employment history, biometric records, and any other personal information that is linked or linkable to an individual. DocuSign Envelope ID: 5189CEF5-7F05-4CB7-998B-1A678507B6CC 2022-2023 Ampact Site Agreement │ 8 Protecting PII includes establishing procedures to prepare for and respond to a breach of confidentiality. “Breach” is defined as: loss of control, compromise, unauthorized disclosure, unauthorized acquisition, unauthorized access, or any similar situation where persons other than authorized users and for other than authorized purpose have access or potential access to PII. Program protects the confidentiality of PII by: • Designating a PII Security Coordinator; • Identifying the types of PII that we collect, the places where it is stored, and the service providers with whom it is shared; • Documenting policies and procedures in place to protect PII, regardless of where it is stored; • Identifying and documenting realistic risks to the security, confidentiality, and integrity of PII; and, • Following those procedures in the event of a breach. Program Staff must be notified immediately if any representative of the Service Site suspects a breach of confidentiality related to the execution of the activities outlined in this agreement. 6) In-Kind Contribution Reporting: Program is required to collect information from the Service Site about non-monetary (in-kind) contributions to the Program to fulfill federal funder obligations. In-kind contributions are required to eliminate or reduce the need to charge a site fee for participation in the program. The site’s in-kind contribution is required for the Program to operate and includes but is not limited to the monetary value of the space, supplies, and staff involved in operating the program. Service Site will complete an in-kind contribution report for space and supply contributions once each program year. Space and supply contributions may include but are not limited to workspace, office furniture, phone/Internet, computer, tablet, or other devices, office supplies, or any other supplies or equipment regularly used by the member to conduct their service. The in-kind contribution of staff time will be collected regularly for Internal Coaches/Site Supervisors or other staff who dedicate time to the Program. The value of the contribution will be calculated by the number of hours staff dedicate to the Program multiplied by the staff member’s hourly wage based on salary and/or benefits provided by the Service Site. To comply with the regulation of our federal funder, Program may be required to conduct a National Service Criminal History Check on Internal Coaches/Site Supervisors, which includes: (1) National Sex Offender Check, (2) State of Residence and State of Service background checks through our background-check vendor, and (3) Fingerprint-based FBI check. 7) Miscellaneous a) Records/Inspection: Pursuant to Minnesota Statutes § 16C.05, subd. 5, Program agrees that the books, records, documents, and accounting procedures and practices of Program, that are relevant to the contract or transaction, are subject to examination by the Service Site and the Minnesota state auditor or legislative auditor for a minimum of six years. Program shall maintain such records for a minimum of six years after final payment. The parties agree that DocuSign Envelope ID: 5189CEF5-7F05-4CB7-998B-1A678507B6CC 2022-2023 Ampact Site Agreement │ 9 this obligation will survive the completion or termination of this Agreement. b) Data Practices Act Compliance: Any and all data provided to Program or member, received from Program or member, created, collected, received, stored, used, maintained, or disseminated by Program or member pursuant to this Agreement shall be administered in accordance with, and is subject to the requirements of the Minnesota Government Data Practices Act, Minnesota Statutes, Chapter 13 (the “MGDPA”). Program and member agree to notify the Service Site within three business days if it receives a data request from a third party. This paragraph does not create a duty on the part of Program or member to provide access to public data to the public if the public data are available from the Service Site, except as required by the terms of this Agreement. These obligations shall survive the termination or completion of this Agreement. c) Confidentiality: Program understands that Service Site has access to, develops, and uses private, confidential, nonpublic, and protected nonpublic information, as those terms are defined by the MGDPA, in connection with its business (collectively, “Confidential Information”). Service Site has instituted policies and procedures to protect and safeguard this Confidential Information. While working for Service Site under this Agreement, Program or member may come into contact with Confidential Information. Program and member understand that the protection of Confidential Information is required by law and is a requirement of their relationship with the Service Site. Accordingly, Program agrees as follows: i) During the term of this Agreement and after the termination of Program and member’s relationship with the Service Site: (a) Program and member will keep secret all Confidential Information and will not directly or indirectly disclose it to anyone outside the Service Site; (b) Program and member will not make use of any Confidential Information for their own purposes or for the benefit of anyone other than Service Site; and (c) upon termination of Program and member’s relationship with Service Site, Program and member will promptly deliver to the Service Site all memoranda, notes, records, and other documents (and all copies thereof) constituting or relating to Confidential Information. ii) If Program or member breach or threaten to breach any provisions of paragraph 7(c), Service Site has the right to enforce this Agreement in any court having jurisdiction. This Agreement will be governed by and construed in accordance with the laws of the State of Minnesota. iii) This Agreement is not intended to prevent Program or member from working for any employer subsequent to the termination of their relationship with the Service Site, as long as Program and member do not use or disclose Confidential Information. FEDERAL POLICY: PROHIBITED ACTVITIES FOR AMERICORPS MEMBERS AmeriCorps members may not engage in the below activities directly or indirectly by recruiting, training, or managing others for the primary purpose of engaging in one of the activities listed below per 45 CFR 2520.65. A. While charging time to the AmeriCorps program, accumulating service or training hours, or otherwise performing activities supported by the AmeriCorps program or the Corporation, staff and members may not engage in the following activities: 1. Attempting to influence legislation; 2. Organizing or engaging in protests, petitions, boycotts, or strikes; 3. Assisting, promoting, or deterring union organizing; 4. Impairing existing contracts for services or collective bargaining agreements; 5. Engaging in partisan political activities, or other activities designed to influence the outcome of an election to any public office; DocuSign Envelope ID: 5189CEF5-7F05-4CB7-998B-1A678507B6CC 2022-2023 Ampact Site Agreement │ 10 6. Participating in, or endorsing, events or activities that are likely to include advocacy for or against political parties, political platforms, political candidates, proposed legislation, or elected officials; 7. Engaging in religious instruction, conducting worship services, providing instruction as part of a program that includes mandatory religious instruction or worship, constructing or operating facilities devoted to religious instruction or worship, maintaining facilities primarily or inherently devoted to religious instruction or worship, or engaging in any form of religious proselytization; 8. Providing a direct benefit to: i. A business organized for profit; ii. A labor union; iii. A partisan political organization; iv. A nonprofit organization that fails to comply with the restrictions contained in section 501(c)(3) of the Internal Revenue Code of 1986 except that nothing in this section shall be construed to prevent participants from engaging in advocacy activities undertaken at their own initiative; v. An organization engaged in the religious activities described in paragraph (7) of this section, unless Corporation funds are not used to support the religious activities; and 9. Conducting a voter registration drive or using Corporation funds to conduct a voter registration drive; 10. Providing abortion services or referrals for receipt of such services; 11. Such other activities as the Corporation may prohibit. In addition to the above activities, the below activities are additionally prohibited: Census Activities. AmeriCorps members and volunteers associated with AmeriCorps grants may not engage in census activities during service hours. Being a census taker during service hours is categorically prohibited. Election and Polling Activities. AmeriCorps member may not provide services for election or polling locations or in support of such activities. AmeriCorps members may not engage in the above activities directly or indirectly by recruiting, training, or managing others for the primary purpose of engaging in one of the activities listed above. B. Individuals may exercise their rights as private citizens and may participate in the activities listed above on their initiative, on non-AmeriCorps time, and using non-Corporation funds. Individuals should not wear the AmeriCorps logo while doing so. FEDERAL POLICIES: SUPPLANTATION, NON-DUPLICATION AND NON- DISPLACEMENT POLICY These policies outline restrictions that govern the use of Corporation for National and Community Service (CNCS) assistance. A. Supplantation: Corporation assistance may not be used to replace State and local public funds that had been used to support programs of the type eligible to receive Corporation support. For any given DocuSign Envelope ID: 5189CEF5-7F05-4CB7-998B-1A678507B6CC 2022-2023 Ampact Site Agreement │ 11 program, this condition will be satisfied if the aggregate non-Federal public expenditure for that Program in the fiscal year that support is to be provided is not less than the previous fiscal year. [45 CFR 2540.100 (a)] B. Non-Duplication: Corporation assistance may not be used to duplicate an activity that is already available in the locality of a Program. And, unless the requirements of the ‘Non-displacement’ paragraph of this section are met, Corporation assistance will not be provided to a private nonprofit entity to conduct activities that are the same or substantially equivalent to activities provided by a State or local government agency in which such entity resides. [45 CFR 2540.100 (e)] C. Non-Displacement: 1. An employer may not displace an employee or position, including partial displacement such as reduction in hours, wages, or employment benefits, as a result of the use by such employer of a participant in a program receiving Corporation assistance. 2. An organization may not displace a volunteer by using a participant in a program receiving Corporation assistance. 3. A service opportunity will not be created under this chapter that will infringe in any manner on the promotional opportunity of an employed individual. 4. A participant in a program receiving Corporation assistance may not perform any services or duties, or engage in activities, that would otherwise be performed by an employee as part of the assigned duties of such employee. 5. A participant in any program receiving assistance under this chapter may not perform any services or duties, or engage in activities, that- I. Will supplant the hiring of employed workers; or II. Are services, duties, or activities with respect to which an individual has recall rights pursuant to a collective bargaining agreement or applicable personnel procedures. 6. A participant in any program receiving assistance under this chapter may not perform services or duties that have been performed by or were assigned to any- I. Presently employed worker; II. Employee who recently resigned or was discharged; III. Employee who is subject to a reduction in force or who has recall rights pursuant to a collective bargaining agreement or applicable personnel procedures; 7. Employee who is on leave (terminal, temporary, vacation, emergency, or sick); or 8. Employee who is on strike or being locked out. [45 CFR 2540.100 (f)] FEDERAL POLICY: NON-DISCRIMINATION POLICY Program does not discriminate in Program admission on the basis of race, color, national origin, gender, age, religion, sexual orientation, disability, gender identity or expression, political affiliation, marital or parental status, familial status, military service, or any other category protected by law. Member selection is based solely on an applicant's ability to perform the essential functions of the position in the opinion of Program. It is unlawful to retaliate against any person who, or organization that, files a complaint about such discrimination. In addition to filing a complaint with local and state agencies that are responsible for resolving discrimination complaints, you may bring a complaint to the attention of the Corporation. If DocuSign Envelope ID: 5189CEF5-7F05-4CB7-998B-1A678507B6CC 2022-2023 Ampact Site Agreement │ 12 you believe that you or others have been discriminated against, or if you want more information, contact: Reading & Math, Inc. DBA Ampact 1200 S. Washington Ave, Ste 310, Minneapolis, MN 55415 humanresources@ampact.us or (612) 206-3030 Equal Opportunity Program (EOP) AmeriCorps 1201 New York Ave NW, Washington, DC 20525 Voice: (202) 606-7503; TTY: (202) 565-2799; Email: eo@cns.gov Program makes every effort to ensure that service sites have similar non-discrimination policies. Members with questions or concerns about any type of discrimination in their placement workplace are encouraged to bring these issues to the attention of their Internal Coach/Site Supervisor, site contact, and/or Program Staff. If Service Site is found to be engaging in such activities, removal of the current member(s) and denial of future members at that agency may result. Discrimination on the part of AmeriCorps members will also not be tolerated. Anyone found to be engaging in any type of unlawful or harassing discrimination will be subject to disciplinary action, up to and including dismissal from the Program. Program will not tolerate harassment of any kind. Harassment includes threatening or insinuating that the refusal to submit to sexual advances will adversely affect admission or Program benefits. Harassment may also include conduct such as unwanted sexual flirtation or touches; abusive or degrading language; graphic or suggestive comments; or displaying inappropriate objects or pictures. Any member who believes that they have been subject to harassment of any kind, or who has knowledge about harassment of others, should report the harassment to an immediate supervisor, superior, and/or Program Staff. Note to Service Sites: In any case of discrimination related to an AmeriCorps member, the Service Site must contact Program Staff before taking action. Full text of the AmeriCorps Civil Rights and Non-Harassment Policy can be found in the AmeriCorps Program Manual provided to AmeriCorps members and Internal Coaches/Site Supervisors at the beginning of each program year. Additional Requirements from the Service Site Service Site should use the checkboxes and/or text boxes below to indicate any other requirements or conditions of partnership required by Service Site. ☐ Service site requires additional background check conducted on AmeriCorps members Optional: Please provide any additional information related to background check required by the Service Site DocuSign Envelope ID: 5189CEF5-7F05-4CB7-998B-1A678507B6CC 2022-2023 Ampact Site Agreement │ 13 ☐ Service site requires AmeriCorps members to be fully vaccinated against COVID-19 and/or submit to regular COVID-19 testing Optional: Please provide any additional information related to COVID-19 vaccination and/or testing requirements ☐ Service site requires AmeriCorps members submit to tuberculosis testing Optional: Please provide any additional information related to required tuberculosis testing ☐ Service site has additional requirements of AmeriCorps members and/or Program outlined below: Required if box above is checked: Please explain any additional requirements of AmeriCorps members and/or Program required for partnerships Any additional requirements by the Service Site have been reviewed and approved by Program Director of Partnerships or their representative prior to signature by Program Managing Director. DocuSign Envelope ID: 5189CEF5-7F05-4CB7-998B-1A678507B6CC 2022-2023 Ampact Site Agreement │ 14 CERTIFICATION This Site Agreement and attached Program-specific addendum(s) serve as an agreement between the Service Site and the Program for the stated program year. The terms of this agreement will end on July 31, 2023 . Amendments to this agreement shall be done in writing. The Parties will mutually agree to specific Programs to be provided by Reading & Math, Inc. DBA Ampact and attach them to this Agreement in the Addendum(s). Member Award City of Golden Valley (CFC): 1 Community Forestry Member This award may be changed by request of the Service Site or Program or through the enforcement of the terms of this agreement. Changes will be negotiated, approved, and confirmed exclusively via email communication. Signature Service Site staff must complete the electronic version of this Site Agreement and program-specific addendum(s) in their entirety to certify Service Site has read and understands the agreement prior to a member being placed at Service Site. By signing this agreement, Service Site staff and Program staff acknowledge that they have read, understand, and agree to all terms and conditions of this agreement and have the authority to enter this agreement on behalf of the Service Site and Program. Service Site Staff Reading & Math, Inc. DBA Ampact Staff Name Title Shep Harris Mayor Name Title Sadie O'Connor Managing Director ______________________________ ______________________________ Signature Signature Date: 09-06-2022 Date Name Tim Cruikshank Title City Manager ______________________________ Signature Date: 09-06-2022 DocuSign Envelope ID: 5189CEF5-7F05-4CB7-998B-1A678507B6CC 2022-2023 Ampact Site Agreement │ 15 DocuSign Envelope ID: 5189CEF5-7F05-4CB7-998B-1A678507B6CC Community Forestry Initiative Site Agreement Addendum │ 1 Community Forestry Initiative Addendum Reading & Math, Inc. DBA Ampact The purpose of this addendum is to establish the basic parameters of the Service Site’s participation in the Community Forestry Initiative of Climate Impact Corps for the 2022-23 program year. Climate Impact Corps is an AmeriCorps program that provides AmeriCorps members as a resource. Parties to this agreement: 5933 - City of Golden Valley, Golden Valley, Minnesota 55427 hereafter referred to collectively as “Service Site”. Reading & Math, Inc. DBA Ampact, hereafter referred to as “Program”, 1200 S Washington Ave, Ste 310, Minneapolis MN 55415 A. Program Model. The service site agrees to implement the Community Forestry Initiative model as designed. 1. AmeriCorps Member Position: Community Forestry members serve at a nonprofit or public agency with a mission to help communities mitigate and prepare for climate change, with a focus on preserving and increasing tree canopy. 2. Member Activities: The Service Site is responsible for supporting the member in implementing the activities that are part of the Community Forestry Initiative, as outlined below. i. Tree inventorying ii. Tree planting iii. Gravel bed nursery design/construction/management iv. Emerald Ash Borer management plan development and implementation v. Resident volunteer recruitment, training, and mobilization vi. Community outreach and education activities DocuSign Envelope ID: 5189CEF5-7F05-4CB7-998B-1A678507B6CC Community Forestry Initiative Site Agreement Addendum │ 2 vii. Other activities in support of the Service Site’s mission to preserve and increase tree canopy should be discussed and approved by the program 3. Member Schedule: The Site Supervisor is responsible for developing a schedule with the member to allow for 40 hours of service each week for full-time members, and 25 hours per week for part-time members. 4. Data: Members are responsible for entering program data into Knack as part of their regular schedule. Knack is an online password-protected data system maintained by the program. Site Supervisors are required to ensure that members are submitting data regularly and accurately each week. Members will use i-Tree desktop suite of applications to support data collection. Host sites that provide a computer for Members must download the open source i-Tree Tools Suite available at: https://www.itreetools.org/i-tree-tools-download. 5. COVID-19 and Virtual AmeriCorps Service i. Virtual Service Approval and Technology 1. Community Forestry members are physically present at the Service Site and/or out in the field when performing their service, including training. During the COVID-19 public health emergency, Program will occasionally approve service in a virtual setting. Virtual service will be agreed upon in writing by both Program and the Service Site. 2. In the event the Service Site requests that AmeriCorps member service is conducted in a virtual setting due to the COVID-19 public health emergency, Service Site must make their best effort to provide an on-site device that can continue to be accessed even if the Service Site is closed to participants. If this is not possible, Service Site must make their best effort to provide a device that can be used remotely. 3. Service Site is responsible for training and supporting AmeriCorps member(s) on site-specific systems and platforms used for virtual service activities. B. Program-Specific Policies 1. Personal Vehicle and Transportation Policy: i. Personal Vehicles: Members are prohibited from using their personal vehicle to transport Service Site employees and/or participants. Members may use their personal vehicle to transport materials and/or property on behalf of the Service Site. Any member transporting materials must be incidental in the role, regular transportation of materials is prohibited. The handling, loading, unloading, and transportation of hazardous materials is prohibited. ii. Service Site Vehicles: Members may drive Service Site-owned or leased vehicles to transport materials and/or property. Members are prohibited from transporting Service Site employees and/or participants. Any Member that is a potential driver of a Service Site-owned or leased vehicle cannot be required to drive for the Service Site but may agree to do so. This agreement must be in writing and include the member’s printed name, signature, and date of the agreement. Either party may rescind this agreement at any time without cause or consequence. This agreement is to be kept on file with the Service Site. Any DocuSign Envelope ID: 5189CEF5-7F05-4CB7-998B-1A678507B6CC Community Forestry Initiative Site Agreement Addendum │ 3 member transporting materials must be incidental in the role, regular transportation of materials is prohibited. The handling, loading, unloading and transportation of hazardous materials is prohibited. iii. Driver’s Checks and Liability Coverage: Program will conduct a driver’s check on every member to ensure a valid driver’s license, driving history acceptable to the insurance com and auto liability coverage. If a member is driving a Service Site-owner or leased vehicle, the Service Site will be responsible for determining that the Member has a valid driver’s license and meets the minimum standards for the organization’s driving policies. The Service Site agrees to provide proof of insurance upon request. 2. Power Tools: Members are not allowed to use power tools (e.g. chain saws, power drill) as they pose an undue safety risk. DocuSign Envelope ID: 5189CEF5-7F05-4CB7-998B-1A678507B6CC Community Forestry Initiative Site Agreement Addendum │ 4 CERTIFICATION This program specific addendum serves as an agreement between the Service Site and the Program for the stated program year(s) as a part of the Site Agreement signed for 2022-2023. The terms of this agreement are valid through July 31, 2023 done in writing. Signature . Amendments to this agreement shall be By signing this agreement, I acknowledge that I have read, understand, and agree to all terms and conditions of this agreement. Service Site Staff Reading & Math, Inc. DBA Ampact Staff Name Title Shep Harris Mayor Name Title Sadie O'Connor Managing Director ______________________________ ______________________________ Signature Signature Date: 09-06-2022 Date Name Tim Cruikshank Title City Manager ______________________________ Signature Date: 09-06-2022 Golden Valley City Council Meeting September 6, 2022 Agenda Item 3. E. 4. Approve Contract with the State of Minnesota Institution Community Work Crew Program Prepared By Tim Kieffer, Public Works Director Rick Birno, Park and Recreation Director Al Lundstrom, Park Maintenance Superintendent Summary Council approved the purchase of replacement outdoor hockey rink dasher boards and materials for Medley Park on July 5, 2022. Staff proposes to use the State of Minnesota Institution Community Work Crew (ICWC) Program to construct the hockey rink to stay within budget. The program provides crew leader(s) who will supervise up to ten (10) offender crewmembers to perform various construction projects. Financial Or Budget Considerations The Park Capital Improvement Program includes $75,000 for the replacement hockey boards (P- 039). The cost of the dasher boards, materials, and parts is $63,831. The cost for the ICWC is $85.00 per hour for supervision and administration of the work crew. Recommended Action Motion to authorize the Mayor and City Manager to execute the Contract with the State of Minnesota Institution Community Work Crew Program in the form approved by the City Attorney to provide construction services. Supporting Documents • Contract with the State of Minnesota Institution Community Work Crew Program (3 pages) Page 1 of 3 Rev. 12/2020 State of Minnesota Income Contract SWIFT Contract No.: This contract is between the State of Minnesota, acting through its Commissioner of Corrections, Institution Community Work Crew Program, 1450 Energy Park Drive, St. Paul, Minnesota 55108, (“State”), and the City of Golden Valley, 7800 Golden Valley Road, Golden Valley, Minnesota 55427 ("Purchaser"). State and Purchaser may be referred to jointly as “Parties.” Recitals 1. Under Minn. Stat. §241.278 the State is empowered to enter into income contracts. 2. The Purchaser is in need of an Institution Community Work Crew (ICWC). 3. The State represents that it is duly qualified and agrees to provide the services described in this contract. Accordingly, the Parties agree as follows: Contract Term of Contract 1.1 Effective date: July 15, 2022, or the date the State obtains all required signatures under Minnesota Statutes Section 16C.05, subdivision 2, whichever is later. 1.2 Expiration date: July 14, 2024, or until all obligations have been satisfactorily fulfilled, whichever occurs first. State’s Duties The State will: 2.1 Provide crew leader(s) who will supervise up to ten (10) offender crewmembers per ten (10) hour days of work on dates mutually agreed between parties, including the hour’s crew leaders spend for daily preparation and communication. 2.2 In coordination with the Purchaser, train each work crew in safety principles and techniques set forth by the Purchaser and applicable federal, state and local agency requirements. Purchaser agrees that the State has the responsibility and authority to refuse selected projects if it considers the projects beyond the skill level of the crewmembers and/or unsafe to perform. 2.3 Provide required personal safety equipment and clothing needed for specific work. 2.4 Screen projects to ensure that appropriate staff are assigned. Purchaser’s Duties The Purchaser will 3.1 Obtain all necessary permits or licenses or special authority for all projects that utilize ICWC labor. 3.2 Assign all work and coordinate material purchases and delivery through the ICWC crew leader for projects to be performed by the State. 3.3 Hire any subcontractors utilized in the project. 3.4 Provide utilities at the work site and set up accounts for the purchase of materials and rental of specialized tools or equipment needed for the work. 3.5 Meet with the State as necessary to provide project information needed by the State in the performance of its’ duties. Page 2 of 3 Rev. 12/2020 Payment The Purchaser will pay the State for all services performed by the State under this contract as follows: The Purchaser agrees to pay Eighty-Five dollars and 00/100 ($85.00) for each overtime hour worked by the ICWC crew, as its share of the cost of providing a crew leader and placing the work crew into service on the ICWC program during the term of this agreement. Payment will be made no later than the 23rd day following the last day of the billing period. Authorized Representative The State's Authorized Representative is Scott Miller, ICWC Supervisor or his successor, 1450 Energy Park Drive, St. Paul, Minnesota 55108 The Purchaser’s Authorized Representative is Al Lundstrom, Park Maintenance Superintendent, or his successor. City of Golden Valley, 7800 Golden Valley Road, Golden Valley, Minnesota 55427. If the Purchaser’s Authorized Representative changes at any time during this Contract, the Purchaser must immediately notify the State. Assignment, Amendments, Waiver, and Contract Complete. Assignment. The Purchaser may neither assign nor transfer any rights or obligations under this Contract without the prior consent of the State and a fully executed assignment agreement, executed and approved by the authorized parties or their successors. Amendments. Any amendment to this Contract must be in writing and will not be effective until it has been executed and approved by the authorized parties or their successors. Waiver. If the State fails to enforce any provision of this Contract, that failure does not waive the provision or its right to enforce it. Contract Complete. This Contract contains all negotiations and agreements between the State and the Purchaser. No other understanding regarding this Contract, whether written or oral, may be used to bind either party. Liability Each party will be responsible for its own acts and behavior and the results thereof. Government Data Practices. The Purchaser and State must comply with the Minnesota Government Data Practices Act, Minn. Stat. Ch. 13, (or, if the State contracting party is part of the Judicial Branch, with the Rules of Public Access to Records of the Judicial Branch promulgated by the Minnesota Supreme Court as the same may be amended from time to time) as it applies to all data provided by the State under this Contract, and as it applies to all data created, collected, received, stored, used, maintained, or disseminated by the Purchaser under this Contract. The civil remedies of Minn. Stat. § 13.08 apply to the release of the data governed by the Minnesota Government Practices Act, Minn. Stat. Ch. 13, by either the Purchaser or the State. If the Purchaser receives a request to release the data referred to in this clause, the Purchaser must immediately notify and consult with the State’s Authorized Representative as to how the Purchaser should respond to the request. The Purchaser’s response to the request shall comply with applicable law. Publicity and Endorsement. Publicity. Any publicity regarding the subject matter of this Contract must identify the State as the sponsoring agency and must not be released without prior written approval from the State’s Authorized Representative. For purposes of this provision, publicity includes notices, informational pamphlets, press releases, information posted on corporate or other websites, research, reports, signs, and similar public notices prepared by or for the Purchaser individually or jointly with others, or any subcontractors, with respect to the program, publications, or services provided resulting from this Contract. Endorsement. The Purchaser must not claim that the State endorses its products or services. Page 3 of 3 Rev. 12/2020 State Audits. Under Minn. Stat. § 16C.05, subd. 5, the Purchaser’s books, records, documents, and accounting procedures and practices relevant to this Contract are subject to examination by the State, the State Auditor, or Legislative Auditor, as appropriate, for a minimum of six years from the expiration or termination of this Contract. Governing Law, Jurisdiction, and Venue. Minnesota law, without regard to its choice-of-law provisions, governs this Contract. Venue for all legal proceedings out of this Contract, or its breach, must be in the appropriate state or federal court with competent jurisdiction in Ramsey County, Minnesota. Termination. Either party may cancel this Contract at any time, with or without cause, upon 30 days’ written notice to the other party. 1. Purchaser Print Name: Shep Harris Signature: Title: Mayor Date: 9/6/2022 3. State Agency With delegated authority Print Name: Signature: Title: Date: 2. Purchaser Print Name: Tim Cruikshank Signature: Title: City Manager Date: 9/6/2022 4. Commissioner of Administration As delegated to The Office of State Procurement Print Name: Signature: Title: Date: Admin ID: Golden Valley City Council Meeting September 6, 2022 Agenda Item 3. E. 5. Approve Professional Services Agreement Amendment with WSB & Associates for Trunk Highway 55 Lift Station Relocation Project No. 20-18 Prepared By Jeff Oliver, PE, City Engineer R.J. Kakach, PE, Assistant City Engineer Summary In March of 2022, the City Council authorized a professional services agreement with WSB & Associates for the relocation of the Trunk Highway 55 Lift Station. As part of the design of the new lift station, WSB obtained soil and groundwater samples from the new lift station site as the area was known to be contaminated with polycyclic aromatic hydrocarbons (PAHs) from the late 1990s. The samples contained the expected contaminants, but other unanticipated contaminants were also found. The unanticipated contaminants require additional analysis and coordination with the Minnesota Pollution Control Agency (MPCA), a Phase 1 Environmental Site Assessment, and a Response Action Plan (RAP). None of these items were included in WSB’s original proposal as it was anticipated that at a worse case scenario the PAH contaminated soils would be disposed of at a landfill. In order to meet the MPCA requirements with the contaminated materials, an amendment to WSB’s contract is in order. The project schedule will be adjusted to accommodate the additional environmental work associated with the contaminated soil and groundwater. The updated schedule is shown below: Project Design Fall/Winter 2022 – Spring 2023 Bid Project TBD 2023 Begin Construction September 2023 Complete Construction Winter 2022/Spring 2023 City Council Regular Meeting Executive Summary City of Golden Valley September 6, 2022 2 Financial Or budget Considerations The cost for WSB & Associates to amend the existing professional services agreement for the TH 55 Lift Station Rehabilitation Project is $27,400. Anticipated funding for these services is included in the 2022 Water and Sanitary Sewer CIP Program (W&SS-083) in the amount of $770,000. Recommended Actions • Motion to authorize the Mayor and City Manager to execute Amendment #1 with WSB & Associates in the form approved by the City Attorney for environmental services on the TH 55 Lift Station Relocation Project, for an amount not to exceed $27,400. Support Documents • Location map (2 pages) • Professional Services Agreement with WSB approved on March 15, 2022 (14 pages) • Amendment 1 – Additional Environmental Services TH 55 Lift Station (7 pages) ?????????????? ??? ? ? ?????????!( !( #* !( !( !( !( !( !( !(!( !( !( !( !( !( !( MH223 MH179 MH180 MH222 MH239MH238 MH220 MH185 MH184 MH183 MH181 MH2952 MH2951 MH2953 State Hwy 55 Olson Memorial Hwy Sc h a p er R d State Hwy 55 Olson Memorial Hwy '' 0 100 20050Feet Hwy 55 Lift Station Cur r ent Location by the City of Golden Valley, 10/12/2021 I CurrentLift Station Sanitary Sewer !(Manhole #*Sanitary Pump ?City Gravity ?City Forcemai n ?MCES Forcem ain ?Lateral #* MH223 MH179 MH180 MH222 MH239MH238 MH220 MH185 MH181 MH2952 MH2951 MH2953 State Hwy 55 Olson Memorial Hwy S c h a p e r R d State Hwy 55 Olson Memorial Hwy '' 0 100 20050 Feet Hwy 55 Lift Station Pr oposed Location by the City of Golden Valley, 10/15/2021 I Prop osed Lift Station Sanitary Sewer !(Manhole #*Sanitary Pump ?City Gravity ?City Forcemain ?MCES Forcemain ?Lateral Proposed DocuSign Envelope ID: E56D4E79-23CD-4799-A679-A741 D72351 F5 PROFESSIONAL SERVICES AGREEMENT HIGHWAY 55 LIFT STATION RELOCATION PUBLIC IMPROVEMENT PROEJCT #20-18 THIS AGREEMENT is made this March 15, 2022 ("Effective Date") by and between WSB and Associates, Inc. a Minnesota corporation with its principal office at 701 Xenia Avenue South, Suite 300, Minneapolis, Minnesota 55416 ("Consultant"), and the City of Golden Valley, Minnesota, a Minnesota municipal corporation located at 7800 Golden Valley Road, Golden Valley, MN 55427 (the "City"): RECITALS A. Consultant is engaged in the business of providing professional engineering consulting services. B. The City desires to hire Consultant to provide Consultant Services for the Highway 55 Lift Station Relocation Public Improvement Project #20-18. C. Consultant represents that it has the professional expertise and capabilities to provide the Citywiththerequestedprofessionalservices. D. The City desires to engage Consultant to provide the services described in this Agreement and Consultant is willing to provide such services on the terms and conditions in this Agreement. NOW, THEREFORE, in consideration of the terms and conditions expressed in this Agreement, the City andConsultantagreeasfollows: AGREEMENT 1. Services. Consultant agrees to provide the City with professional consulting services as described in the attached Exhibit A (the "Services"). Exhibit A shall be incorporated into this Agreement by reference. All Services shall be provided in a manner consistent with the level of care and skill ordinarily exercised by professionals currently providing similar services. Consultant may reasonably rely oninformationanddocumentsprovidedbyorthroughtheCity. 2. Time for Completion. The Services shall be completed on or before Chose Date, provided that the parties may extend the stated deadline upon mutual written agreement. This Agreement shall remain in force and effect commencing from the effective date and continuing until the completion of the project, unless terminated by the City or amended pursuant to the Agreement. 3. Consideration. The City shall pay Consultant for the Services on an hourly basis and for necessary out-of-pocket expenses at the rates set forth in Consultant's fee schedule, attached hereto as Exhibit B. Consultant's total compensation for the Services, including hourly fees and expenses, shall not exceed 131,932. The consideration shall be for both the Services performed by Consultant and any and all expenses incurred by Consultant in performing the Services. The City shall make progress payments to Consultant on a monthly basis. Consultant shall submit statements to the City containing a detailed list of project labor and hours, rates, titles, and amounts undertaken by Consultant during the relevant billing period. The City shall pay Consultant within thirty (30) days after Consultant's statements are submitted. 1 DocuSign Envelope ID: E56D4E79-23CD-4799-A679-A741 D72351 F5 4. Approvals. Consultant shall secure the City's written approval before making any expenditures, purchases, or commitments on the City's behalf beyond those listed in the Services. The City's approvalmaybeprovidedviaelectronicmail. 5. Termination. Notwithstanding any other provision hereof to the contrary, this Agreement maybeterminatedasfollows: a. The parties, by mutual written agreement, may terminate this Agreement at any time; b. Consultant may terminate this Agreement in the event of a breach of the Agreement by the City upon providing thirty (30) days' written notice to the City; c. The City may terminate this Agreement at any time at its option, for any reason or no reason atall; or d. The City may terminate this Agreement immediately upon Consultant's failure to have in force any insurance required by this Agreement. In the event of a termination, the City shall pay Consultant for Services performed to the date of termination and for all costs or other expenses incurred prior to the date of termination. 7. Amendments. No amendments may be made to this Agreement except in a writing signed bybothparties. 8. Remedies. In the event of a termination of this Agreement by the City because of a breach byConsultant, the City may complete the Services either by itself or by contract with other persons or entities, or any combination thereof. These remedies provided to the City for breach of this Agreement by Consultant shall not be exclusive. The City shall be entitled to exercise any one or more other legal or equitable remedies available because of Consultant's breach. 9. Records/Inspection. Pursuant to Minnesota Statutes § 16C.05, subd. 5, Consultant agrees that the books, records, documents, and accounting procedures and practices of Consultant, that are relevant to this Agreement or transaction, are subject to examination by the City and the state auditor or legislative auditor for a minimum of six years. Consultant shall maintain such records for a minimum of six years after final payment. The parties agree that this obligation will survive the completion or termination of thisAgreement. 10. Indemnification. To the fullest extent permitted by law, Consultant, and Consultant's successors or assigns, agree to protect, defend, indemnify, save, and hold harmless the City, its officers, officials, agents, volunteers, and employees from any and all claims; lawsuits; causes of actions of any kind, nature, or character; damages; losses; and costs, disbursements, and expenses of defending the same, including but not limited to reasonable attorneys' fees, professional services, and other technical, administrative or professional assistance to the extent resulting from Consultant's (or its subcontractors, agents, volunteers, members, invitees, representatives, or employees) negligent performance of the duties required by or arising from this Agreement, or caused in whole or in part by any negligent act or omission or willful misconduct by Consultant, or arising out of Consultant's failure to obtain or maintain the insurance required by thisAgreement. Nothing in this Agreement shall constitute a waiver or limitation of any immunity or limitation of liability to which the City is entitled. The parties agree that these indemnification obligations shall survive the completion or termination of this Agreement. 2 DocuSign Envelope ID: E56D4E79-23CD-4799-A679-A741 D72351 F5 11. Insurance. Contractor shall maintain reasonable insurance coverage throughout this Agreement. Contractor agrees that before any work related to the approved project can be performed, Contractorshallmaintainataminimum: A. Workers' Compensation and Employers' Liability I. Coverage A: Per state statute 2. Coverage B: $500,000 each accident 500,000 Disease — policy limit 500,000 Disease — each employee B. Commercial General Liability 1. $200,000,000 General Aggregate 2. $2,000,000 Products —Completed Operations Aggregate 3. $1,000,000 Each Occurrence 4. $1,000,000 Personal Injury C. Commercial Automobile Liability 1. $1,000,000 Combined single limit bodily injury and property damage. The Commercial Automobile Liability shall provide coverage for the following automobiles: i. All owned automobiles ii. All non -owned automobiles iii. All hired automobiles D. Umbrella Liability 1. $10,000,000 Each claim 2. $10,000,000 Annual aggregate The umbrella liability shall provide excess limits for the commercial general liability policies. E. Professional and Pollution Incident Liability Professional liability insurance including pollution incident liability coverage with limits of not less than: 1. $5,000,000 per claim 2. $5,000,000 annual aggregate Contractor shall provide the City with a current certificate of insurance including the followinglanguage: "The City of Golden Valley is named as an additional insured with respect to the commercial general liability, business automobile liability and umbrella or excess liability, as required by thecontract. The umbrella or excess liability policy follows form on all underlying coverages." Such certificate of liability insurance shall list the City as an additional insured and contain a statement that such policiesofinsuranceshallnotbecanceledoramendedunless30days' written notice is provided to the City, or10days' written notice in the case of non-payment. 3 DocuSign Envelope ID: E56134E79-23CD-4799-A679-A741D72351F5 12. Assignment. Neither the City nor Consultant shall assign or transfer any rights under or interest including, but without limitation, moneys that may become due or moneys that are due) in this Agreement without the prior written consent of the other except to the extent that the effect of this limitation may be restricted by law. Any assignment in violation of this provision is null and void. Unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under this Agreement. Nothing contained in this paragraph shall prevent Consultant from employing such independent consultants, associates, and subcontractors, as it may deem appropriate to assist it in the performance of the Services required by thisAgreement. Any instrument in violation of this provision is null and void. 13. Independent Contractor. Consultant is an independent contractor. Consultant's duties shall be performed with the understanding that Consultant has special expertise as to the services which Consultant is to perform and is customarily engaged in the independent performance of the same or similar services for others. Consultant shall provide or contract for all required equipment and personnel. Consultant shall control the manner in which the services are performed; however, the nature of the Services and the results to be achieved shall be specified by the City. The parties agree that this is not a joint venture and the parties are not co-partners. Consultant is not an employee or agent of the City andhasnoauthoritytomakeanybindingcommitmentsorobligationsonbehalfoftheCityexcepttothe extent expressly provided in this Agreement. All services provided by Consultant pursuant to this Agreement shall be provided by Consultant as an independent contractor and not as an employee of the City for any purpose, including but not limited to: income tax withholding, workers' compensation, unemployment compensation, FICA taxes, liability for torts and eligibility for employee benefits. 14. Compliance with Laws. Consultant shall exercise due professional care to comply with applicable federal, state and local laws, rules, ordinances and regulations in effect as of the date Consultant agrees to provide the Services. Consultant's guests, invitees, members, officers, officials, agents, employees, volunteers, representatives, and subcontractors shall abide by the City's policies prohibiting sexual harassment and tobacco, drug, and alcohol use as defined on the City's Tobacco, Drug, and Alcohol Policy, as well as all other reasonable work rules, safety rules, or policies, and procedures regulating the conduct of persons on City property, at all times while performing duties pursuant to this Agreement. Consultant agrees and understands that a violation of any of these policies, procedures, or rules constitutes a breach of the Agreement and sufficient grounds for immediate termination of the Agreement by the City. 15. Entire Agreement. This Agreement, any attached exhibits, and any addenda signed by the parties shall constitute the entire agreement between the City and Consultant, and supersedes any other written or oral agreements between the City and Consultant. This Agreement may only be modified in a writingsignedbytheCityandConsultant. If there is any conflict between the terms of this Agreement and the referenced or attached items, the terms of this Agreement shall prevail. If there is any conflict between this Agreement and Exhibits A or B, the terms of this Agreement shall prevail. 16. Third Party Rights. The parties to this Agreement do not intend to confer any rights under this Agreement on any third party. 17. Choice of Law and Venue. This Agreement shall be governed by and construed in accordance with the laws of the state of Minnesota. Any disputes, controversies, or claims arising out of this Agreement shall be mediated with a mutually acceptable third -party neutral within 90 days of either party giving notice to the other of a dispute, controversy or claim. If such mediation is unsuccessful, the dispute, controversy, or claim shall be heard in the state or federal courts of Hennepin County, Minnesota, and all 4 DocuSign Envelope ID: E56D4E79-23GD-4799-A679-A741 D72351 F5 parties to this Agreement waive any objection to the jurisdiction of these courts, whether based on convenience or otherwise. 18. Conflict of Interest. Consultant shall use reasonable care to avoid conflicts of interest and appearances of impropriety in its representation of the City. In the event of a conflict of interest, Consultant shall advise the City and either secure a waiver of the conflict, or advise the City that it will be unable to provide the requested Services. 19. Work Products and Ownership of Documents. All records, information, materials, and work product, including, but not limited to the completed reports, data collected from or created by the City or the City's employees or agents, raw market data, survey data, market analysis data, and any other data, work product, or reports prepared or developed in connection with the provision of the Services pursuant to this Agreement shall become the property of the City, but Consultant may retain reproductions of such records, information, materials and work product. Regardless of when such information was provided or created, Consultant agrees that it will not disclose for any purpose any information Consultant has obtained arising out of or related to this Agreement, except as authorized by the City or as required bylaw. Notwithstanding the foregoing, nothing in this Agreement shall grant or transfer any rights, title or interests in any intellectual property created by Consultant prior to the effective date of this Agreement; however, to the extent Consultant generates reports or recommendations for the City using proprietary processes or formulas, Consultant shall provide the City (1) factual support for such reports and recommendations; (2) a detailed explanation of the method used and data relied upon to arrive at the recommendation; and (3) a detailed explanation of the rationale behind the methodology used. All of the obligations in this paragraph shall survive the completion or termination of this Agreement. Any reuse of the records, information, materials, or work product without written verification or adaptation by Consultant will be at the City's sole risk and without liability or legal exposure to Consultant. 20. Agreement Not Exclusive. The City retains the right to hire other professional service providers forthisorothermatters, in the City's sole discretion. 21. Data Practices Act Compliance. Any and all data provided to Consultant, received from Consultant, created, collected, received, stored, used, maintained, or disseminated by Consultant pursuant to this Agreement shall be administered in accordance with, and is subject to the requirements of the Minnesota Government Data Practices Act, Minnesota Statutes, Chapter 13. Consultant agrees to notify the City within three business days if it receives a data request from a third party. This paragraph does not create a dutyonthepartofConsultanttoprovideaccesstopublicdatatothepublicifthepublicdataareavailablefrom the City, except as required by the terms of this Agreement. These obligations shall survive the termination or completion of this Agreement. 22. No Discrimination. Consultant agrees not to discriminate in providing products and services under this Agreement on the basis of race, color, sex, creed, national origin, disability, age, sexual orientation, status with regard to public assistance, or religion. Violation of any part of this provision may lead to immediate termination of this Agreement. Consultant agrees to comply with Americans with Disabilities Act as amended ("ADA"), section 504 of the Rehabilitation Act of 1973, and the Minnesota Human Rights Act, Minnesota Statutes, Chapter 363A. Consultant agrees to hold harmless and indemnify the City from costs, including but not limited to damages, reasonable attorneys' fees and staff time, in any action or proceeding brought alleging a violation of these laws by Consultant or its guests, invitees, members, officers, officials, agents, employees, volunteers, representatives and subcontractors. Upon request, Consultant shall provide accommodation to allow individuals with disabilities to participate in all Services 9 DocuSign Envelope ID: E56D4E79-23CD-4799-A679-A741D72351F5 under this Agreement. Consultant agrees to utilize its own auxiliary aid or service in order to comply with ADA requirements for effective communication with individuals with disabilities. 23. Authorized Agents. The City's authorized agent for purposes of administration of this contract is Jeff Oliver, City Engineer, or designee. Consultant's authorized agent for purposes of administration of this contract is Greg Johnson, PE, or designee who shall perform or supervise the performance of allServices. 24. Notices. Any notices permitted or required by this Agreement shall be deemed given when personally delivered or upon deposit in the United States mail, postage fully prepaid, certified, return receipt requested, addressed to: CONSULTANT WSB Engineering Greg Johnson 701 Xenia Ave S #300 Minneapolis, MN 55416 2 gjohnson@wsbeng.com THE CITY City of Golden Valley Jeff Oliver 7800 Golden Valley Road Golden Valley, MN 55437 joliver(@goldenvalleymn.gov or such other contact information as either party may provide to the other by notice given in accordancewiththisprovision. 26. Waiver. No waiver of any provision or of any breach of this Agreement shall constitute a waiver of any other provisions or any other or further breach, and no such waiver shall be effective unless made in writing and signed by an authorized representative of the party to be charged with such a waiver. 27. Headings. The headings contained in this Agreement have been inserted for convenience of reference only and shall in no way define, limit or affect the scope and intent of this Agreement. 28. Payment of Subcontractors. Consultant agrees that it must pay any subcontractor within 10 days of the Consultant's receipt of payment from the City for undisputed Services provided by the subcontractor. Consultant agrees that it must pay interest of 1-1/2 percent per month or any part of a month to the subcontractor on any undisputed amount not paid on time to the subcontractor. The minimum monthly interest penalty payment for an unpaid balance of $100 or more is $10. For an unpaidbalanceoflessthan $100, the Consultant shall pay the actual penalty due to the subcontractor. A subcontractor who prevails in a civil action to collect interest penalties from Consultant must be awarded its costs and disbursements, including attorneys' fees, incurred in bringing the action. 29. Publicity. At the City's request, the City and Consultant shall develop language to use when discussing the Services. Consultant agrees that Consultant shall not release any publicity regarding the Services or the subject matter of this Agreement without prior consent from the City. Consultant shall not use the City's logo or state that the City endorses its services without the City's advanced writtenapproval. 30. Severability. In the event that any provision of this Agreement shall be illegal or otherwise unenforceable, such provision shall be severed, and the balance of the Agreement shall continue in fullforceandeffect. AN DocuSign Envelope ID: E56D4E79-23CD-4799-A679-A741 D72351 F5 31. Signatory. Each person executing this Agreement ("Signatory") represents and warrants that they are duly authorized to sign on behalf of their respective organization. In the event Consultant did not authorize the Signatory to sign on its behalf, the Signatory agrees to assume responsibility for the duties and liability of Consultant, described in this Agreement, personally. 32. Counterparts and Electronic Communication. This Agreement may be executed in two or more counterparts, each of which shall be deemed an original, but all of which taken together shall constitute one and the same instrument. This Agreement may be transmitted by electronic mail in portabledocumentformat ("pdf") and signatures appearing on electronic mail instruments shall be treated as original signatures. 33. Recitals. The City and Consultant agree that the Recitals are true and correct and are fullyincorporatedintothisAgreement. IN WITNESS WHEREOF, the City and Consultant have caused this Professional Services Agreement to be executed by their duly authorized representatives in duplicate on the respective dates indicated below. WSB & ASSOCIATES: Docu3lprod by: By• Name: Title: Director of water/wastewater 7 CITY OF GOLDEN VALLEY: DocuS'gned by: By- , arr A.. 64yYis 4F895 B ... Shepar M. Harris, Mayor By:[ DocuS4ynrod by: C\— Timothy J. Cruikshank, City Manager DocuSign Envelope ID: E56D4E79-23CD-4799-A679-A741 D72351 F5 EXHIBIT A SCOPE OF SERVICES DocuSign Envelope ID: E56D4E79-23CD-4799-A679-A7411372351F5 March 81h, 2022 Mr. Jeff Oliver, PE, City Engineer City of Golden Valley 7800 Golden Valley Road Golden Valley, MN 55427 wsb Re: Proposal for Highway 55 Lift Station Relocation Public Improvement Project 20-18 Dear Mr. Oliver: Thank you for the opportunity to submit this proposal to provide professional engineering, bidding, and construction services for the Highway 55 Lift Station Relocation. Below is a summary of our proposed scope. CONSULTANT SERVICES Meetings WSB will attend three Public Works staff meetings during the duration of the preliminary/final design process and one public meeting. Kick-off meeting with staff 50% plan completion review meeting 95% plan completion review meeting One City Council meeting (if needed) Preliminary Engineering Services Preliminary engineering will include the following services: Topographic survey of the project area including all above and below ground public and private utilities and physical features that may be disturbed by the project. Record drawings will be provided by the City. Collect up to eight (8) boring samples within the project area to sufficiently identify soil composition and contaminants. It is understood that previous public improvement projects may have included filling the project area with PAH and possibly other contaminants. Our proposal includes the following plan for evaluating and addressing the risk and abatement. WSB will perform a Phase 1 ESA of the entire construction site and environmental screening and sampling during advancement of eight proposed geotechnical borings (B-1 through B-8) at the site. The screening and sampling will be performed as a precautionary measure to identify potential contamination present at the site. All environment soil screening and sampling will be performed in accordance with MPCA guidance. The screening and sampling scope will include: Field Screening Soil at each boring will be screened using a photoionization detector (PID) equipped with a 10.6 eV lamp to the termination depth. DocuSign Envelope ID: E56D4E79-23CD-4799-A679-A741 D72351 F5 Jeff Oliver, PE March 8, 2022 Page 2 Soil at the borings will also be screen for evidence of possible contamination (e.g., staining, odors, debris, etc.). If evidence of petroleum contamination is observed, petroleum saturation testing will be performed in the field. Sample Collection and Analvtical Testing Kick-off meeting with staff Select soil samples will be collected at each boring location for analyzed under a 7-10 business day standard lab turnaround timeframe. Up to 17 soil samples will be collected and analyzed for: o Diesel range organics (DRO) o Gasoline range organics (GRO) o Volatile organic compounds (VOCs) by EPA Method 8260D Up to 4 soil samples will be analyzed for: Resource Conservation and Recovery Act (RCRA) 8 Metals by EPA Method 6010D It is assumed that three DRO, GRO, and VOCs samples will be collected at three of the borings. At these borings, one sample will be collected from the upper 10 feet below grade, a second from the middle portion, and a third from the lower 10 feet. It is assumed that one RCRA metals sample will be collected near the surface (upper two feet) at four of the borings. Reporting The results of the screening and sampling will be summarized in a final report. The report will include: Scope of work Sample location map Sample methods and procedures Results tables and laboratory analytical reports Investigation results Recommendations Conclusions Environmental Screening and Samplinq Assumptions WSB will attend three Public Works staff meetings during the duration of the preliminary/final design process and one public meeting. The screening/sampling will be completed in conjunction with the Geotech evaluation using hollow -stem author technology. Therefore, the borings will not be continuous. No groundwater or soil vapor samples will be collected. WSB will contract a testing firm for analytical soil analysis under a standard 7-10 business -day turnaround. The screening/sampling be limited to the scoped borings and the magnitude and extent of contamination (if discovered) may not be defined. DocuSign Envelope ID: E56D4E79-23CD-4799-A679-A741D72351F5 Jeff Oliver, PE March 8, 2022 Page 3 Lift station and force main layouts and design Develop and evaluate alternative layouts, locations, and proposed designs for the City to consider. Hydrogen Sulfide Corrosion Analysis Develop and evaluate alternative methods and materials to resist Hydrogen Sulfide corrosion where raw sewage and air may be present. Final Design Services WSB will prepare final plans and specifications as required to bid and construct the proposed improvements as follows: Preparation of construction plans and specifications utilizing City provided contract and specifications formats. Demolition and removal of existing lift station. Temporary bypass pumping plan. Traffic control plan. Erosion and sediment control plan. Coordinate SCADA compatibility with City contractor. MNDOT Permitting - Coordinate with MNDOT on requirements for utility crossings under TH 55, including submittal of required documents and permit application. Coordinate with MNDOT on requirements for utility installations within MNDOT right-of-way, including preparation and submittal of required documents and permit application and one meeting with MNDOT staff (if necessary). Preparation and submittal of any required permit applications to the MPCA. Provide coordination as needed with the Minnesota Department of Transportation, Minnesota Department of Natural Resources, Bassett Creek Watershed District and other agencies, coordination with other public and private utility companies, as well as any permitting required and public engagement. Cost Estimate. Construction Administration and Inspection Services WSB will administer the construction phase of this project, which includes but not limited to: Provide construction services including construction staking, inspections, and record keeping including notes and quantities. Assist the City with preparation of documents for procurement and the bidding process in accordance with Minnesota statutes. Provide bid support services including pre -bid meeting, answering contractor questions, and issue addenda. Open bids electronically using QuestCDN, prepare bid tabulation, and review any necessary documentation prior to bid approval and authorization to award contract. Arrange and manage construction meetings including pre -construction and weekly construction meetings including taking and distributing meeting minutes. Provide soils and concrete materials testing. DocuSign Envelope ID: E56D4E79-23CD-4799-A679-A741D72351F5 Jeff Oliver, PE March 8, 2022 Page 4 Review contractor submitted shop drawings. Develop and assist in negotiation of and issuance of Change Orders as needed. Review pay requests. Coordinate transfer/installation of SCADA. Coordinate start-up and staff training. Assemble and submit vendor Operating and Maintenance manuals. Provide record drawings in electronic format within three months of the completion of the project that are consistent with the City's standards. Deliverables To meet the needs of the City, WSB will provide the following deliverables: Construction Plans and Specifications utilizing the City's form of contract. Construction record drawings consistent with City standards. Compile and assemble Operations and Maintenance Manual from individual manuals submitted by the contractor and equipment suppliers. Permitting The following permits will be prepared: Minnesota Pollution Control Agency (MPCA) Minnesota Department of Transportation (MNDOT) Bassett Creek Watershed District PROPOSED FEE WSB proposes to complete this project for a cost not to exceed fee of $131,932. The attached detailed scope of work and associated fees are for your review on the next page. If you have any questions about this proposal, please feel free to call me at 651-286-8466. Sincerely, WSB & Associates, Inc. Greg Johnson, PE Project Manager, Director of Water/Wastewater DocuSign Envelope ID: E56D4E79-23CD-4799-A679-A741 D72351 F5 EXHIBIT B FEE SCHEDULE DocuSign Envelope ID: E56D4E79-23CD-4799-A679-A741 D72351 F5 Jeff Oliver, PE March 8, 2022 Page 6 Hourly Cost Breakdown 1.1 1.2 1.3 1.4 1.5 1.6 TOPOOR APH)C SURVEY OF THE PROTECT AREA INCLUDING ALL UTILITIES COLLECT BORING SAMPLES WITHIN THE PROJECT AREA - DEVELOP AND EVALUATE ALTERNATIVE LAYOUTS. LOCATIONS, AND PROPOSER DESIGNS DEVELOP AND EVALUATE ALTERNATIVE METHODS AND MATE AL9 TD RESIST HTDROGEN SOIFID[ CORROSION MEETINGS ELECTRICAL ENGINEERINO SUSCONSULTANT (DESIGN TREn ANTASK1TOTALESnMAtEOHOW" AND FEE 1 1 f l I 7 I 1a1.._. 1 2 4 li BO Bo 40 3 4 47 17 20 it 4 12S 8 13 162 92,S69x14d1].00 i8,fi06__00 3957.00 2,280.00 i 543,606.00 2.1 PREPARATION OF CONSTRUCTION PLANS AND SPECS UTILIZING CITY PROVIDED FORMATS 27 DEMOLITION AND REMOVAL Of EXISTING LIFT STATION 4 4 So 40 4 132 1 $'%.76.00. 2 2.3 TEMPORARY BYPASS PUMPING PLAN 1 12 d 17 2,565.00 2. 4 TRAFFIC CONTROL MEAN. 1 2 3 6 696.Op 2.5 i EROSION pN0 SEDIMENT CONTROL PLAN 1 4 3 6 3I.M.00 2.5 COORDINATE $Cp OA COMPATIBILITY WITH CITY CONTRACTOR BY ELECTRICAL ENGINEERING bU6C0tl5ULTANT f S 3 12 S1, 619.00 2. 1 PERMI7TIN0 i 200.00 2. 8 COST ESTIMATE 1 4 2 9 ELECTRICAL ENGINEERING bU BCON6VLTANT ITREEI - -- - 613 T _ e 116D00 174, TASK 2 TOTAL ESTIMATED NOURb AND FFF 9 0. b400000 8 106 4 796 34,521.00 3. 1 PROVIDE CONSTRUCTION SERVICES INCLUDING CONSTRUCTION STAKING, INSPECTIONS. AND RECORD KEEPING IB 3. 2 pS91iT THE CITY WITH PREPARATION OF DOCUMENTS FOR PROCUREMENT AND THE BIDDING PROCESS 1 fo0 it S5 26.336.00 3. 3 PROVIDE BID SUPPORT SERVICES 1 2 S SBT.00 3. 4 OPEN BIDS ELECTRONICALLY USING CUESTCON. PREPARE BID TABULATION. AND REVIEW i 4 6 17 2. 163.00 3.$ ARRq NBE AND MANAGE CONSTRUCTION MEETINGS INCLUDING PRE -CONSTRUCTION AND WEEKLY MEETINGS 1 1 3 6612.o0 3.6 PROVIDE SOILS AND CONCRETE MATERIALS TESTING 3 I 6 2 11 1, 56110 3.7 9.8 REVIEW CONTRACTOR SUBMITTED SHOP DRAWINGS _"-' DEVELOP AND ASSIST iM NEGOTIATION OE 71 a...._ i v- ...-....-_-.. 3.9 AXD ISSUANCE OF CN0.N0E ORDERS AS NEEDED REVIEW PAY REOUE8T8 8 81.142 00 3.10 COORDINATE TRANSFER/INSTALLATION OFBCADACAVA.--- 3.1/ COORDINATE START-UP AND STAFF TRAINING. 1 4.12 ASSEMBLE AND SUBMIT VENDOR OPERATING AND MAINTENANCE MANUALS. d 0 12 1, B26.DD 3.13 PROVIDE RECORD DRAWINGS IN ELECTRONIC FORMAT W17NIN THREE NOXTHS OF COMPLETION_ I 3 4 l 770.00 3.14 ELECTRICAL ENGINEERINO SUSCONSVLTANT IDE3IDN TREE) 1 12 I 13 2. 045.00 TASK 3 TOTAL ESTIMATED HOURS qND FEE 4,000.00 a.._- _ TOTAL ESTIMATED NO UR$ _--_--^ JY 48 7 i T.,IS I IE6 if 17 33 ff3,9O6.00 AVERAGE HOURLY 202 R96 2D 22 36 gILLINO RAZE TOTAL TOTAL FEEBY LABOR CLAE8I FI CATION -- -'_'-' '--' i1,810. 00 D400 IV7. 00----{ -.- 154.00 1d0.00 129A0 1D00o p0.00 TOTAL FEE FOR ELECTRICAL ENGINEERING BUeCONBULTANT (DESIGN TREE) i f8,895 00 31.108-00 3b,b60.00 E2,E80.00 $4.376.00 2.325.00 it D,932-00 TOTAL PROJECT COST 12.000.00 131,032.0G 701 XENIA AVENUE S | SUITE 300 | MINNEAPOLIS, MN | 55416 | 763.541.4800 | WSBENG.COM August 24, 2021 Project: TH 55 Lift Station, 020124-000 Client: City of Golden Valley Original PSA Date: March 15, 2022 Original PSA Fee: $131,932 Re: Amendment 1 – Additional Environmental Services TH 55 Lift Station Golden Valley, MN WSB completed environmental screening and sampling in June 2022 during a geotechnical investigation completed for the proposed TH 55 Lift Station in Golden Valley, MN (Site). The City of Golden Valley (City) had knowledge of contamination in the Site area but did not know the extent of it. The screening/sampling identified the presence of diesel range organic (DRO), polycyclic aromatic hydrocarbons (PAH), arsenic, chromium, and selenium in soil and DRO and benzene in groundwater at concentrations above MPCA regulatory criteria. Therefore, additional environmental services were recommended for project planning, bidding, on-site management of contaminated media and regulatory compliance purposes. The City recently provided WSB additional environmental documents related to the Site from the late-1990s. The Site is located within the White House Restaurant Property / Schaper Natural Area which is an inactive Superfund site with documented demolition debris dumping. The Site and area to the northeast were graded in the late 1990s and 2-3 feet of clean topsoil was applied. It is our understanding that the Site was not cleaned up but rather, it was graded and dressed with topsoil to provide a safe buffer/separation between the buried debris and ground surface. There is also evidence that an environmental covenant was prepared for the Site. However, it is unknown if the environmental covenant was executed and filed with the County Deed for the property. WSB explored grant funding sources to assist with the environmental investigation and/or cleanup costs for this project. Per Bria Boos (Senior Environmentalist at Hennepin County), the Site lift station project is not eligible for grant funds from either their Emergency Response Fund (ERF) or MOA/COA grants. Ms. Boos indicated the county’s grants do not fund contamination related issues for public infrastructure projects (roads, facilities, etc.), except for stormwater related projects. Further, Ms. Boos was not aware of any other potential grant sources that would fund environmental services for this project. The following tasks will be performed as part of Amendment 1: Task 1 – MPCA Coordination and Brownfields Program Enrollment WSB will report the recent discovery of elevated petroleum and non-petroleum impacts at the Site to the MPCA. WSB will also schedule a meeting with the MPCA to discuss the environmental covenant (was one filed) and other environmental requirements for the project. Further, WSB will enroll the Site into the MPCA’s Brownfields Program for eligible technical assistance and contamination liability assurances. It is estimated that some or all the following MPCA services will be requested for the project: • RAP Review and Approval (see Task 3) Amendment 1 - TH 55 Lift Station August 24, 2022 Page 2 • No Further Action Letter • No Association Determination (NAD) Letter (if eligible) o Includes a Proposed Actions Letter for the NAD The MPCA charges $150 per hour to perform Brownfields services which is billed directly to the applicant, which will be the City. It is estimated that 4-6 hours of MPCA time will be required for each technical assistance request. The MPCA generally requests at least 30 days to respond to Brownfield’s service requests. Task 2 – Phase I Environmental Site Assessment (ESA) The Phase I ESA will be performed in general compliance with the ASTM E1527 -13 Standard Practice for Environmental Site Assessments. WSB understands that the assessment report will be used for environmental planning and MPCA technical assistance purposes. The Phase I ESA will include the following tasks: • Historical Records Review o Federal and state regulatory database information for the Site will be obtained from a commercial regulatory vendor to evaluate for potential environmental conditions. o Based on available information, the following five (5) MPCA regulatory file reviews will be required for: ▪ White House Restaurant, Former – VP2000, VP2001, VP2002, VP0120, and SR0000186 • Interviews o Site representatives will be contacted (via phone or in person) regarding past and current Site use activities. • Site Reconnaissance o Direct visual inspection of the Site and adjoining properties will be made. o All Site areas, including buildings and storage structures, will be accessed as part of the site reconnaissance. The adjoining properties will be viewed from the public right-of-way areas. • Reporting o The results of the Phase I ESA will be summarized in a final documentation report in accordance with the ASTM E1527-13. o This task does not include those items considered non -scope by ASTM Standard E1527-13 including asbestos, lead-based paint, radon, lead in drinking water, wetlands, regulatory compliance, cultural/historic resources, industrial hygiene, indoor air quality, biological agents, or mold sampling and analysis. Task 3 – Response Action Plan (If Required) WSB will develop a Response Action Plan (RAP) in accordance with MPCA requirements. The RAP will describe planned future Site use and the soil, groundwater, and soil vapor management plans and methods that will be implemented to meet the regulatory requirements. The RAP will include: • A Site history and remedial scope objectives. • Summary of historical environmental investigations. Amendment 1 - TH 55 Lift Station August 24, 2022 Page 3 • Proposed response action tasks, engineering controls or remedial systems required for redevelopment (i.e., soil buffers, cap materials, vapor barriers, soil vapor extraction systems, etc.), and cleanup criteria (residential, industrial, recreational, etc.). • Maps showing the extent of contamination (if present). • Project schedule and protocols for on-site waste assessment, and management/disposal of contaminated materials. • A Construction Contingency Plan (CCP) detailing procedures and protocols to manage previously unidentified environmental conditions that are encountered during construction activities. The RAP will be submitted along with the previously completed Environmental Screening & Sampling Report, Phase I ESA, Geotechnical Report, and/or other reports required as part of the MPCA Brownfields Program enrollment application. Task 4 – Construction Oversight (RAP Implementation) WSB will provide construction monitoring and oversight at the Site during excavation activities as indicated in the MPCA approved RAP that will include: • Screening soils with a photoionization detector (PID), collecting photographs, and documenting soil reuse and disposal activities in daily logs. • Coordination with the Contractor to ensure the required environmental oversight and documentation is completed efficiently. • Collecting excavation bottom and sidewall soil samples per the RAP and in general conformance with MPCA guidance at excavation areas. The purpose of the bottom and sidewall samples is to document the concentrations of contaminants left in place (if present). It is anticipated that up to 6 soil samples will be collected for DRO, GRO, VOC, PAH, and Metals analysis. • Dewatering discharge permitting through the MCES, including sampling of groundwater discharge and monthly reporting (2 monthly events). • Report the RAP Implementation activities in a final report. The report will summarize the management of contaminated soil, groundwater, and/or other regulated materials encountered during construction. The RAP Implementation Report will be a requirement of the MPCA approved RAP and will include: o Daily Logs o PID screening results and maps o Soil reuse results and maps o Excavation bottom and sidewall sample results o Waste manifests and disposal tickets (if warranted) o Photographs Assumptions The following items are assumed for this scope of work: Task 1 – MPCA Correspondence and Brownfields Program Enrollment Assumptions Amendment 1 - TH 55 Lift Station August 24, 2022 Page 4 • WSB will attend up to two meetings with the MPCA and/or City. • A Proposed Action Letter will be prepared for the NAD request (if eligible). • The MPCA charges $150 for to provide technical assistance which will be charged directly to the City. Task 2 - Phase I ESA Assumptions • Five (5) MPCA regulatory file reviews will be required. • MPCA file reviews typically take 2-4 weeks to complete. • Any previous environmental investigation reports completed for the Site, provided by the City, will be reviewed as part of this assessment. • An Environmental Lien and AULs search will be completed as part of this scope. Task 3 – RAP Assumptions • The RAP (if required) will be reviewed/approved by the MPCA prior to redevelopment activities. • A current Phase I ESA (within one year) will be required for RAP review/approval by the MPCA. Task 4 – Construction Monitoring / RAP Implementation Assumptions • WSB will provide up to 40 hours of onsite construction monitoring. • Up to 6 confirmation soil bottom and site wall samples will be collected for DRO, GRO, VOCs, PAHs, and Metals per the RAP. • Includes a MCES discharge permit and two monthly sampling events with reporting. Up to two groundwater samples will be collected for DRO, GRO, PAHs, and Metals. • This task does not include special Met Council discharge permitting or sampling for construction dewatering (if needed). Total Cost The estimate to perform the above-described environmental services is not to exceed a cost of $27,400. Task 1 includes a Proposed Actions Letter and does not include MPCA Brownfield Program technical assistance fees ($150 per hour). Task 3 assumes that a RAP will be required by the MPCA. The attached spreadsheet summarizes the estimated cost breakdown for each task presented in this scope. Closure This letter represents our complete understanding of the proposed scope of services. If you are in agreement with the scope of services and proposed fee, please sign in the appropriate space below and return one copy to my attention. If you have any questions about this proposal, please feel free to call Ryan Spencer at 612.723.3644. This fee proposal is valid for ninety (90) days from the creation date noted in the header. WSB may reissue a revised proposal upon request if the indicated time period has lapsed. Should the scope of work change in nature or be expanded to include additional services, we reserve the right to renegotiate the fees with you. Amendment 1 - TH 55 Lift Station August 24, 2022 Page 5 WSB appreciates the opportunity of being considered for this project and we look forward to providing our professional services to the City of Golden Valley. Sincerely, WSB Ryan Spencer, CHMM Jeffery Rice, PG, CHMM Senior Environmental Scientist Senior Project Manager ______________________________________________________________________ Enclosures WSB 2022 Rate Schedule Estimated Fee Breakdown ACCEPTED BY: Name (print) SHEPARD M. HARRIS, MAYOR Signature Company Date ______________________________ CITY OF GOLDEN VALLEY 09-06-2022 Name (print) TIMOTHY J. CRUIKSHANK, CITY MANAGER Signature ______________________________ Company CITY OF GOLDEN VALLEY Date 09-06-2022 2022 Rate Schedule WSBENG.COM Billing Rate/Hour PRINCIPAL | ASSOCIATE $162 - $206 SR. PROJECT MANAGER | SR. PROJECT ENGINEER $162 - $206 PROJECT MANAGER $143 - $159 PROJECT ENGINEER | GRADUATE ENGINEER $97 - $158 ENGINEERING TECHNICIAN | ENGINEERING SPECIALIST $62 - $154 LANDSCAPE ARCHITECT | SR. LANDSCAPE ARCHITECT $73 - $154 ENVIRONMENTAL SCIENTIST | SR. ENVIRONMENTAL SCIENTIST $60 - $151 PLANNER | SR. PLANNER $75 - $159 GIS SPECIALIST | SR. GIS SPECIALIST $72 - $159 CONSTRUCTION OBSERVER $98 - $128 SURVEY One-Person Crew $159 Two-Person Crew $207 OFFICE TECHNICIAN $56 - $97 Costs associated with word processing, cell phones, reproduction of common correspondence, and mailing are included in the above hourly rates. Vehicle mileage is included in our billing rates [excluding geotechnical and construction materials testing (CMT) service rates]. Mileage can be charged separately, if specifically outlined by contract. | Reimbursable expenses include costs associated with plan, specification, and report reproduction; permit fees; delivery costs; etc. | Multiple rates illustrate the varying levels of experience within each category. | Rate Schedule is adjusted annually. Sr. Env. Scientist IV Ryan Spencer Director of WWW - Greg Johnson Project Engineer - Ursinio Puga Env. Scientist V Ben Fehr Env. Scientist IV Alex Richardson GIS Specialist III Mike Phillippi Office Tech III Monica Jakes Total Hours 1 1.1 8.0 1.0 4.0 13.0 2,050$ 1.2 Proosed Action Letter for NAD 4.0 10.0 2.0 16.0 2,096$ 1.3 4.0 3.0 7.0 1,023$ Task 1 - Estimated Hours and Fee 16.0 1.0 4.0 13.0 0.0 2.0 0.0 36.0 5,169$ 1 Expenses/Subcontractors Quantity Rate Unit 1 None 0 $0.00 each -$ Task 1 - Estimated Expenses NA -$ 5,169$ 2 2.1 4.0 4.0 648$ 2.2 6.0 6.0 540$ 2.3 6.0 6.0 750$ 2.4 4.0 13.0 2.0 2.0 21.0 2,651$ Task 2 - Estimated Hours and Fee 8.0 0.0 0.0 19.0 8.0 2.0 0.0 37.0 4,589$ 2 Expenses/Subcontractors Quantity Rate Unit 2 ERIS Plus Env Lien/AUL Search 1 $375.00 each 375$ 2 CD Search 2 $25.00 each 50$ Task 2 - Estimated Expenses NA 425$ 5,014$ 3 3.1 4.0 1.0 2.0 7.0 1,128$ 3.2 4.0 16.0 4.0 24.0 3,044$ Task 3 - Estimated Hours and Fee 8.0 1.0 2.0 16.0 0.0 4.0 0.0 31.0 4,172$ 3 Expenses/Subcontractors Quantity Rate Unit 3 None 0 $8.00 each -$ Task 13- Estimated Expenses NA -$ 4,172$ 4 4.1 4.0 1.0 2.0 7.0 1,128$ 4.2 Onsite / RAP Implementation 4.0 45.0 49.0 4,698$ 4.3 MCES Disharege Permit / Monthly Sampling with Report 2.0 4.0 4.0 2.0 12.0 1,382$ 4.4 Report / Review 4.0 16.0 4.0 4.0 28.0 3,404$ Task 4 - Estimated Hours and Fee 14.0 1.0 2.0 20.0 53.0 6.0 0.0 96.0 10,612$ 4 Expenses/Subcontractors Quantity Rate Unit 4 PID 1 $175.00 week 175$ 4 WSB - Soil Sampling Supplies 5 $10.00 day 50$ 4 Eurofins - Soil (Bottom/Sidewall Samples)2 $270.00 each 540$ 4 Eurofins - Soil (Bottom/Sidewall Samples)6 $270.00 each 1,620$ Task 4- Estimated Expenses NA 2,385$ 12,997$ 46.0 3.0 8.0 68.0 61.0 14.0 0.0 186.0 162.00$ 206.00$ 137.00$ 125.00$ 90.00$ 99.00$ 88.00$ 7,452.00$ 618.00$ 1,096.00$ 8,500.00$ 5,490.00$ 1,386.00$ -$ 21,442.00$ 27,400$ 2 Extra Streets Total Task 3 - Labor and Expenses Mobilization/Onsite RAP Development PM / Meetings RAP / RAP Review Total Task 2 - Labor and Expenses MPCA Enrollment/Correspondence PM / Meetings Online Enrollment Total Labor Fee Table 1 Cost Estimate Amendment 1 Golden Valley, MN Task Description TH 55 Lift Station Total Proposed Cost (Labor and Expenses) Total Estimated Hours Hourly Billing Rate - Standard 2022 Total Fee by Labor Classification Total Task 1 - Labor and Expenses Phase I ESA PM / Meetings MPCA File Reviews (5 files) Report / Report Review Standard Report RAP Implementation PM / Meetings 1 Week Total Task 4 - Labor and Expenses 5 days DRO, GRO, VOCs, PAHs, RCRA Metals DRO, GRO, VOCs, PAHs, RCRA Metals \\wsbgvfiles01.wsbeng.local\resources\.Clients All\Golden Valley\Proposals\TH 55 Lift Station\1 -TH 55 Lift Station Cost - Amendemnt 1 - Env Services Golden Valley City Council Meeting September 6, 2022 Agenda Item 3. E. 6. Approve Contract with BKV for Fire Station Location Analysis and Public Safety Pre-Design Prepared By Marc Nevinski, Physical Development Director Summary The City Council is asked to approve a contract with BKV Architects to 1) complete a Site Selection Analysis for a remote Fire Station (including one public engagement event), and 2) complete Pre-design work for a Public Safety (Police and Fire) facility on the city campus. This work will result in the following: • Lead to a location decision and, presumably, the beginning of property acquisition work for a remote fire station • A site plan for a remote fire station and high-level cost estimates for planning and funding requests (e.g. State bonding) • A site plan for a new public safety facility with high level cost estimates for planning and funding (e.g. State bonding, local sales tax, etc…) • Improve accuracy of financial projections and planning for facilities. Staff anticipates the following schedule: • Public open house in early October to inform residents and obtain input • Staff/consultant workshop in October to analyze location options using selection criteria • Present 1-2 recommendations to Council in a closed session in November • Initiate discussions with impacted property owners/residents • Public announcement about decision It should be noted that additional professional services may be needed for appraisals and acquisition. Financial Or Budget Considerations The contract amount for these services is $86,000 and will be funded from the Building Improvement Program. Recommended Action Motion to authorize the Mayor and City Manager to execute a Professional Services Agreement in the amount of $86,000, in a form approved by the City Attorney, with BKV for Fire Station Location Analysis and Public Safety Pre-Design. Supporting Documents • Professional Services Agreement (12 pages) 1 PROFESSIONAL SERVICES AGREEMENT ARCHITECTURAL SERVICES THIS AGREEMENT is made this September 6, 2022 (“Effective Date”) by and between Boarman, Kroos, Vogel Group, Inc. dba as BKV Group, a Minnesota corporation with its principal office at 222 North 2nd Street, Suite 101, Minneapolis, MN 55401 (“Consultant”), and the City of Golden Valley, Minnesota, a Minnesota municipal corporation located at 7800 Golden Valley Road, Golden Valley, MN 55427 (the “City”): RECITALS A. Consultant is engaged in the business of providing professional engineering consulting services. B. The City desires to hire Consultant to provide services for a remote fire station location analysis and pre-design work for a public safety building. C. Consultant represents that it has the professional expertise and capabilities to provide the City with the requested professional services. D. The City desires to engage Consultant to provide the services described in this Agreement and Consultant is willing to provide such services on the terms and conditions in this Agreement. NOW, THEREFORE, in consideration of the terms and conditions expressed in this Agreement, the City and Consultant agree as follows: AGREEMENT 1. Services. Consultant agrees to provide the City with professional consulting services as described in the attached Exhibit A (the “Services”). Exhibit A shall be incorporated into this Agreement by reference. All Services shall be provided in a manner consistent with the level of care and skill ordinarily exercised by professionals currently providing similar services. Consultant may reasonably rely on information and documents provided by or through the City. 2. Time for Completion. The Services shall be completed on or before January 31, 2023, provided that the parties may extend the stated deadline upon mutual written agreement. This Agreement shall remain in force and effect commencing from the effective date and continuing until the completion of the project, unless terminated by the City or amended pursuant to the Agreement. 3. Consideration. The City shall pay Consultant for the Services on an hourly basis and for necessary out-of-pocket expenses at the rates set forth in Consultant’s fee schedule, included in Exhibit A. Consultant’s total compensation for the Services, including hourly fees and expenses, shall not exceed $86,000. The consideration shall be for both the Services performed by Consultant and any and all expenses incurred by Consultant in performing the Services. The City shall make progress payments to Consultant on a monthly basis. Consultant shall submit statements to the City containing a detailed list of project labor and hours, rates, titles, and amounts undertaken by Consultant during the relevant billing period. The City shall pay Consultant within thirty (30) days after Consultant’s statements are submitted. 2 4. Approvals. Consultant shall secure the City’s written approval before making any expenditures, purchases, or commitments on the City’s behalf beyond those listed in the Services. The City’s approval may be provided via electronic mail. 5. Termination. Notwithstanding any other provision hereof to the contrary, this Agreement may be terminated as follows: a. The parties, by mutual written agreement, may terminate this Agreement at any time; b. Consultant may terminate this Agreement in the event of a breach of the Agreement by the City upon providing thirty (30) days’ written notice to the City; c. The City may terminate this Agreement at any time at its option, for any reason or no reason at all; or d. The City may terminate this Agreement immediately upon Consultant’s failure to have in force any insurance required by this Agreement. In the event of a termination, the City shall pay Consultant for Services performed to the date of termination and for all costs or other expenses incurred prior to the date of termination. 7. Amendments. No amendments may be made to this Agreement except in a writing signed by both parties. 8. Remedies. In the event of a termination of this Agreement by the City because of a breach by Consultant, the City may complete the Services either by itself or by contract with other persons or entities, or any combination thereof. These remedies provided to the City for breach of this Agreement by Consultant shall not be exclusive. The City shall be entitled to exercise any one or more other legal or equitable remedies available because of Consultant’s breach. 9. Records/Inspection. Pursuant to Minnesota Statutes § 16C.05, subd. 5, Consultant agrees that the books, records, documents, and accounting procedures and practices of Consultant, that are relevant to this Agreement or transaction, are subject to examination by the City and the state auditor or legislative auditor for a minimum of six years. Consultant shall maintain such records for a minimum of six years after final payment. The parties agree that this obligation will survive the completion or termination of this Agreement. 10. Indemnification. To the fullest extent permitted by law, Consultant, and Consultant's successors or assigns, agree to protect, defend, indemnify, save, and hold harmless the City, its officers, officials, agents, volunteers, and employees from any and all claims; lawsuits; causes of actions of any kind, nature, or character; damages; losses; and costs, disbursements, and expenses of defending the same, including but not limited to reasonable attorneys’ fees, professional services, and other technical, administrative or professional assistance to the extent resulting from Consultant’s (or its subcontractors, agents, volunteers, members, invitees, representatives, or employees) negligent performance of the duties required by or arising from this Agreement, or caused in whole or in part by any negligent act or omission or willful misconduct by Consultant, or arising out of Consultant’s failure to obtain or maintain the insurance required by this Agreement. Nothing in this Agreement shall constitute a waiver or limitation of any immunity or limitation of liability to which the City is entitled. The parties agree that these indemnification obligations shall survive the completion or termination of this Agreement. 3 11. Insurance. Consultant shall maintain reasonable insurance coverage throughout this Agreement. Consultant agrees that before any work related to the approved project can be performed, Consultant shall maintain at a minimum: A. Workers’ Compensation and Employers’ Liability 1. Coverage A: Per state statute 2. Coverage B: $500,000 each accident $500,000 Disease – policy limit $500,000 Disease – each employee B. Commercial General Liability 1. $2,000,000 General Aggregate 2. $2,000,000 Products—Completed Operations Aggregate 3. $1,000,000 Each Occurrence 4. $1,000,000 Personal Injury C. Commercial Automobile Liability 1. $1,000,000 Combined single limit bodily injury and property damage. The Commercial Automobile Liability shall provide coverage for the following automobiles: i. All owned automobiles ii. All non-owned automobiles iii. All hired automobiles D. Umbrella Liability 1. $10,000,000 Each claim 2. $10,000,000 Annual aggregate The umbrella liability shall provide excess limits for the commercial general liability policies. E. Professional and Pollution Incident Liability Professional liability insurance including pollution incident liability coverage with limits of not less than: 1. $5,000,000 per claim 2. $5,000,000 annual aggregate Consultant shall provide the City with a current certificate of insurance including the following language: “The City of Golden Valley is named as an additional insured with respect to the commercial general liability, business automobile liability and umbrella or excess liability, as required by the contract. The umbrella or excess liability policy follows form on all underlying coverages.” Such certificate of liability insurance shall list the City as an additional insured and contain a statement that such policies of insurance shall not be canceled or amended unless 30 days’ written notice is provided to the City, or 10 days’ written notice in the case of non-payment. 4 12. Assignment. Neither the City nor Consultant shall assign or transfer any rights under or interest (including, but without limitation, moneys that may become due or moneys that are due) in this Agreement without the prior written consent of the other except to the extent that the effect of this limitation may be restricted by law. Any assignment in violation of this provision is null and void. Unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under this Agreement. Nothing contained in this paragraph shall prevent Consultant from employing such independent consultants, associates, and subcontractors, as it may deem appropriate to assist it in the performance of the Services required by this Agreement. Any instrument in violation of this provision is null and void. 13. Independent Consultant. Consultant is an independent contractor. Consultant’s duties shall be performed with the understanding that Consultant has special expertise as to the services which Consultant is to perform and is customarily engaged in the independent performance of the same or similar services for others. Consultant shall provide or contract for all required equipment and personnel. Consultant shall control the manner in which the services are performed; however, the nature of the Services and the results to be achieved shall be specified by the City. The parties agree that this is not a joint venture and the parties are not co-partners. Consultant is not an employee or agent of the City and has no authority to make any binding commitments or obligations on behalf of the City except to the extent expressly provided in this Agreement. All services provided by Consultant pursuant to this Agreement shall be provided by Consultant as an independent contractor and not as an employee of the City for any purpose, including but not limited to: income tax withholding, workers' compensation, unemployment compensation, FICA taxes, liability for torts and eligibility for employee benefits. 14. Compliance with Laws. Consultant shall exercise due professional care to comply with applicable federal, state and local laws, rules, ordinances and regulations in effect as of the date Consultant agrees to provide the Services. Consultant’s guests, invitees, members, officers, officials, agents, employees, volunteers, representatives, and subcontractors shall abide by the City’s policies prohibiting sexual harassment and tobacco, drug, and alcohol use as defined on the City’s Tobacco, Drug, and Alcohol Policy, as well as all other reasonable work rules, safety rules, or policies, and procedures regulating the conduct of persons on City property, at all times while performing duties pursuant to this Agreement. Consultant agrees and understands that a violation of any of these policies, procedures, or rules constitutes a breach of the Agreement and sufficient grounds for immediate termination of the Agreement by the City. 15. Entire Agreement. This Agreement, any attached exhibits, and any addenda signed by the parties shall constitute the entire agreement between the City and Consultant, and supersedes any other written or oral agreements between the City and Consultant. This Agreement may only be modified in a writing signed by the City and Consultant. If there is any conflict between the terms of this Agreement and the referenced or attached items, the terms of this Agreement shall prevail. If there is any conflict between this Agreement and Exhibits A or B, the terms of this Agreement shall prevail. 16. Third Party Rights. The parties to this Agreement do not intend to confer any rights under this Agreement on any third party. 17. Choice of Law and Venue. This Agreement shall be governed by and construed in accordance with the laws of the state of Minnesota. Any disputes, controversies, or claims arising out of this Agreement shall be mediated with a mutually acceptable third-party neutral within 90 days of either party giving notice to the other of a dispute, controversy or claim. If such mediation is unsuccessful, the dispute, controversy, or claim shall be heard in the state or federal courts of Hennepin County, Minnesota, and all 5 parties to this Agreement waive any objection to the jurisdiction of these courts, whether based on convenience or otherwise. 18. Conflict of Interest. Consultant shall use reasonable care to avoid conflicts of interest and appearances of impropriety in its representation of the City. In the event of a conflict of interest, Consultant shall advise the City and either secure a waiver of the conflict, or advise the City that it will be unable to provide the requested Services. 19. Work Products and Ownership of Documents. All records, information, materials, and work product, including, but not limited to the completed reports, data collected from or created by the City or the City’s employees or agents, raw market data, survey data, market analysis data, and any other data, work product, or reports prepared or developed in connection with the provision of the Services pursuant to this Agreement shall become the property of the City, but Consultant may retain reproductions of such records, information, materials and work product. Regardless of when such information was provided or created, Consultant agrees that it will not disclose for any purpose any information Consultant has obtained arising out of or related to this Agreement, except as authorized by the City or as required by law. Notwithstanding the foregoing, nothing in this Agreement shall grant or transfer any rights, title or interests in any intellectual property created by Consultant prior to the effective date of this Agreement; however, to the extent Consultant generates reports or recommendations for the City using proprietary processes or formulas, Consultant shall provide the City (1) factual support for such reports and recommendations; (2) a detailed explanation of the method used and data relied upon to arrive at the recommendation; and (3) a detailed explanation of the rationale behind the methodology used. All of the obligations in this paragraph shall survive the completion or termination of this Agreement. Any reuse of the records, information, materials, or work product without written verification or adaptation by Consultant will be at the City’s sole risk and without liability or legal exposure to Consultant. 20. Agreement Not Exclusive. The City retains the right to hire other professional service providers for this or other matters, in the City’s sole discretion. 21. Data Practices Act Compliance. Any and all data provided to Consultant, received from Consultant, created, collected, received, stored, used, maintained, or disseminated by Consultant pursuant to this Agreement shall be administered in accordance with, and is subject to the requirements of the Minnesota Government Data Practices Act, Minnesota Statutes, Chapter 13. Consultant agrees to notify the City within three business days if it receives a data request from a third party. This paragraph does not create a duty on the part of Consultant to provide access to public data to the public if the public data are available from the City, except as required by the terms of this Agreement. These obligations shall survive the termination or completion of this Agreement. 22. No Discrimination. Consultant agrees not to discriminate in providing products and services under this Agreement on the basis of race, color, sex, creed, national origin, disability, age, sexual orientation, status with regard to public assistance, or religion. Violation of any part of this provision may lead to immediate termination of this Agreement. Consultant agrees to comply with Americans with Disabilities Act as amended (“ADA”), section 504 of the Rehabilitation Act of 1973, and the Minnesota Human Rights Act, Minnesota Statutes, Chapter 363A. Consultant agrees to hold harmless and indemnify the City from costs, including but not limited to damages, reasonable attorneys’ fees and staff time, in any action or proceeding brought alleging a violation of these laws by Consultant or its guests, invitees, members, officers, officials, agents, employees, volunteers, representatives and subcontractors. Upon request, Consultant shall provide accommodation to allow individuals with disabilities to participate in all Services 6 under this Agreement. Consultant agrees to utilize its own auxiliary aid or service in order to comply with ADA requirements for effective communication with individuals with disabilities. 23. Authorized Agents. The City’s authorized agent for purposes of administration of this contract is Jeff Oliver, City Engineer, or designee. Consultant’s authorized agent for purposes of administration of this contract is Jen Koehler, or designee who shall perform or supervise the performance of all Services. 24. Notices. Any notices permitted or required by this Agreement shall be deemed given when personally delivered or upon deposit in the United States mail, postage fully prepaid, certified, return receipt requested, addressed to: CONSULTANT THE CITY BKV Group Bruce Schwartzman 222 North 2nd Street, Suite 101 Minneapolis, MN 55401 Bschwartzman@bkvgroup.com City of Golden Valley Marc Nevinski 7800 Golden Valley Road Golden Valley, MN 55437 mnevinski@goldenvalleymn.gov or such other contact information as either party may provide to the other by notice given in accordance with this provision. 26. Waiver. No waiver of any provision or of any breach of this Agreement shall constitute a waiver of any other provisions or any other or further breach, and no such waiver shall be effective unless made in writing and signed by an authorized representative of the party to be charged with such a waiver. 27. Headings. The headings contained in this Agreement have been inserted for convenience of reference only and shall in no way define, limit or affect the scope and intent of this Agreement. 28. Payment of Subcontractors. Consultant agrees that it must pay any subcontractor within 10 days of the Consultant’s receipt of payment from the City for undisputed Services provided by the subcontractor. Consultant agrees that it must pay interest of 1-1/2 percent per month or any part of a month to the subcontractor on any undisputed amount not paid on time to the subcontractor. The minimum monthly interest penalty payment for an unpaid balance of $100 or more is $10. For an unpaid balance of less than $100, the Consultant shall pay the actual penalty due to the subcontractor. A subcontractor who prevails in a civil action to collect interest penalties from Consultant must be awarded its costs and disbursements, including attorneys’ fees, incurred in bringing the action. 29. Publicity. At the City’s request, the City and Consultant shall develop language to use when discussing the Services. Consultant agrees that Consultant shall not release any publicity regarding the Services or the subject matter of this Agreement without prior consent from the City. Consultant shall not use the City’s logo or state that the City endorses its services without the City’s advanced written approval. 30. Severability. In the event that any provision of this Agreement shall be illegal or otherwise unenforceable, such provision shall be severed, and the balance of the Agreement shall continue in full force and effect. 7 31. Signatory. Each person executing this Agreement (“Signatory”) represents and warrants that they are duly authorized to sign on behalf of their respective organization. In the event Consultant did not authorize the Signatory to sign on its behalf, the Signatory agrees to assume responsibility for the duties and liability of Consultant, described in this Agreement, personally. 32. Counterparts and Electronic Communication. This Agreement may be executed in two or more counterparts, each of which shall be deemed an original, but all of which taken together shall constitute one and the same instrument. This Agreement may be transmitted by electronic mail in portable document format (“pdf”) and signatures appearing on electronic mail instruments shall be treated as original signatures. 33. Recitals. The City and Consultant agree that the Recitals are true and correct and are fully incorporated into this Agreement. IN WITNESS WHEREOF, the City and Consultant have caused this Professional Services Agreement to be executed by their duly authorized representatives in duplicate on the respective dates indicated below. BKV GOUP: CITY OF GOLDEN VALLEY: By: _________________________________ Name: Bruce Schwartzman Title: ________________________________ By: _________________________________ Shepard M. Harris, Mayor By: _________________________________ Name: Michael Krych Title: ________________________________ By: _________________________________ Timothy J. Cruikshank, City Manager 8 EXHIBIT A SERVICES August 19, 2022 City of Golden Valley 7800 Golden Valley Road Golden Valley, MN 55427 Attention: Marc Nevinski, Physical Development Director E-mail: mnevinski@goldenvalleymn.gov RE: Professional Service Proposal for Fire Station Location Analysis and Public Safety Pre-Design Dear Marc, Our team is excited to have the opportunity to continue to assist you and the city in the planning efforts to help further define the direction of the fire department and public safety. We are proposing to maintain the same senior leadership team that prepared and is familiar with the master planning study; Susan, Craig, and myself. Our approach to the 2 studies will run simultaneously, as we are proceeding with the fire station location analysis, we will be executing the pre-design for the public safety project. Station Location Analysis: This process will continue to build on the work we have developed to date, as we had reviewed in our meetings on June 29th and July 28th. This will include: A. Communication - Further development and support of internal and external communication to help convey the message on the study. We will help finalize the fire fighter questionnaire and support in any follow up communications. We will work with the city in developing the single page communication piece. o We will support the city with materials needed for as well as participating open houses to help inform the community on the process and possible options (we are assuming 2 to 3 open houses) B. Site Analysis – o We will review and refine the site criteria matrix we have developed. o Utilizing the response time analysis, we will work with the city to hone in on the potential areas that will best serve the city in the required response parameters. o In a workshop fashion we will work with the city to explore all possible sites that are within the targeted response time. We will review each site and evaluate it against the established site criteria. o Based on the top ranking 4 to 6 sites we will develop concept site plans that show the building footprint, required truck movement, parking and city planning requirements. o We will work with the city and the city’s engineer to look at any topographical, stormwater or utility issues that could impact development. o A high-level project estimate will be developed for each site. This will include any land acquisition cost, site development cost as well as construction and soft cost. All cost will be adjusted for anticipated inflation cost for when the project might occur. C. Findings – with the information noted above a summary and recommendation will be prepared Professional Service Proposal for Fire Station Location Analysis and Public Safety Pre-Design August 19, 2022 to help the city assess what direction will be most appropriate for the city and the fire department. Public Safety Pre-Design: Our proposed pre-design approach will start with a team kick off meeting between our planning team and your core project team to review all aspects of the Pre-Design process, including planning steps, schedule, collaboration, and deliverables. This will give you a chance to engage with the team, provide insight into current issues, scheduling, and budgetary goals, as well as any specific requirements that should be considered. Our pre-design process would culminate in a report that would add a higher level of detail to what was previously developed in the master plan report regarding scope, phasing, cost, and strategic implementation of the public safety project. The pre-design will allow us to confirm the program, develop more detailed plans, phasing of those plans, along with a newly informed phased schedule for implementation and corresponding cost estimation (both construction and project budgets). Pre-design will include the following elements of scope: 1. Survey – we will work with the city’s engineer in having a site survey completed to understand all existing property, utility, and contour information related to the site. 2. Civil – we will work with the city’s engineer to understand property limits, utilities, grading, and stormwater implications. 3. Program confirmation – the study will start with meeting the fire department and the police department. The goal is to review the space programs that were developed in the master planning and confirm that no department or operational changes have occurred that would influence the areas required for each department. 4. Site and floor plan development – plans will be developed for the public safety facility. This step helps to validate that the concept block plan will layout and flow as needed for department operations and equipment. 5. Design concepts – preliminary exterior designs will be developed to help show potential design and material applications. We will work with the city to explore what the design vision could be that encompasses the city’s design aesthetic and overall site development direction. 6. Sustainable initiatives – the team will work with the you to review and identify any potential sustainable initiatives that should be incorporated into planning and cost estimation. 7. Schedule – a schedule will be developed identifying the construction strategy, which will be valuable in planning out the project components and funding timelines. 8. Cost estimate – based on the items noted above, a high-level cost estimate will be developed for the project identifying all cost (hard and soft) associated with the project The BKV team will provide extensive documentation of the design process, the options, and the decision process used to arrive at the recommended solution at completion of the pre-design phase. The design definition, understanding, budget reviews with the City approvals at this phase are a critical milestone in maintaining the schedule and budget. Proposed Schedule: From the time the city authorizes BKV to process we would anticipate approximately 4 months to complete the station location analysis and public safety pre-design report. We understand that the goal will be to have vetted out all aspects for both of these studies and have the materials needed Professional Service Proposal for Fire Station Location Analysis and Public Safety Pre-Design August 19, 2022 for the 2023 state legislative session. As we start the process, we will work with you and your schedules to map out dates for all the meetings required. Proposed Fee: The BKV Group team’s compensation goals are to establish fees that fairly compensate us for the required services and resources to achieve our client’s project goals, while assuring that both our client and our firm are treated fairly for the services and expertise required. To meet this goal, we strive to establish a well-defined project understanding and scope of services to be provided so that an appropriate fee structure can be determined. Based on the master plan study the estimated construction cost for the new east side fire station and the new public safety facility is in the range of $28 million and $32 million in today’s value. The A/E industry in many cases uses a percentage-based formula for determining project fees. The range we have been seeing for that formula is between 5.57% and 6.5% of the estimated construction values. The pre-design phase typically will be 0.5% of the total project A/E fee, which in this case would be in the range of $100,000 to $120,000. Our team’s proposed fee for the services outlined in this proposal for the station location analysis and the public safety pre-design is $80,000. In addition to the fees for the work we would have industry standard fees for reimbursable expenses such as internal and city provided printing and travel. For these costs we would estimate the total reimbursable expenses to be $6,000. This amount is a maximum, not-to-exceed amount and we will invoice for only the amount spent with no overhead or profit markups applied. We have enjoyed working with you and the city on the masterplan study and we are excited to help the city in the next phase of project understanding. If I can answer any questions or you would like to discuss the proposal, please do not hesitate to contact me. If you have any questions, please don’t hesitate to contact me. Sincerely, BKV Group, Inc. Bruce Schwartzman, AIA Senior Partner - Managing Architect Professional Service Proposal for Fire Station Location Analysis and Public Safety Pre-Design August 19, 2022 Signature of approval to proceed based on information as noted in this proposal. ____________________________________________________ _______________________ Signature Date ___________________________________________________ _______________________ Print Name Print Title Golden Valley City Council Meeting September 6, 2022 Agenda Item 3. E. 7. Contract for Legal Services Prepared By Maria Cisneros, City Attorney Summary On September 6, 2022, the City Council met in closed session to discuss the need for outside employment counsel to handle the matter captioned LELS v. City of Golden Valley. Staff recommends hiring the law firm of Barna, Guzy & Steffen to represent the City in the matter. Financial or Budget Considerations These services will be billed on an hourly basis. The firm’s hourly rate is $200 per hour for attorneys and $140 for paralegals and law clerks. Recommended Action • Motion to authorize the City Manager and Mayor to sign an agreement with Barna, Guzy & Steffen for legal services. Supporting Documents • Engagement Letter with Barna, Guzy & Steffen (2 pages) Golden Valley City Council Meeting September 6, 2022 Agenda Item 3. F. 1. Adopt Resolution No. 22-071 Accepting a donation for a tree from the Rossborough Family to be located at Natchez Park Prepared By Rick Birno, Director of Parks & Recreation Summary As adopted in the Donation/Gift Policy, a gift of real or personal property must be accepted by the City Council by resolution and be approved by a two-thirds majority of the Council. All donations and grants must be acknowledged and accepted by motion with a simple majority. Financial Or Budget Considerations Fiscal donation will pay for expense of the tree. Recommended Action Motion to adopt Resolution No. 22-071 accepting the donation from the Rossborough Family for the addition of a tree at Natchez Park. Supporting Document •Resolution No. 22-071 accepting a donation of $350 from the family of Eric Rossborough for a tree to be located at Natchez Park. RESOLUTION NO. 22-071 RESOLUTION ACCEPTING THE DONATION OF A TREE FROM THE ROSSBOROUGH FAMILY FOR NATCHEZ PARK WHEREAS, the City Council adopted Resolution No. 04-20 on March 16, 2004, which established a policy for the receipt of gifts; and WHEREAS, the Resolution states that a gift of real or personal property must be accepted by the City Council by resolution and be approved by a two-thirds majority of the Council. A cash donation must be acknowledged and accepted by motion with a simple majority. NOW, THEREFORE, BE IT RESOLVED that the City Council accept the following donations on behalf of its citizens: $350 donation from the Rossborough family for the addition of a tree honoring Eric Rossborough to be located at Natchez Park. Adopted by the City Council of Golden Valley, Minnesota this 6th day of September 2022. _____________________________ Shepard M. Harris, Mayor ATTEST: _____________________________ Theresa Schyma, City Clerk Golden Valley City Council Meeting September 6, 2022 Agenda Item 3. F. 2. Adopt Resolution No. 22-072 accepting a donation for a park bench to be located at Seeman Park honoring Yankel Plotkin Prepared By Rick Birno, Director of Parks & Recreation Summary As adopted in the Donation/Gift Policy, a gift of real or personal property must be accepted by the City Council by resolution and be approved by a two-thirds majority of the Council. All donations and grants must be acknowledged and accepted by motion with a simple majority. Financial Or Budget Considerations The donation covers the cost of the bench, plaque and concrete work. Recommended Action Motion to adopt Resolution No. 22-072 accepting the donation from the Rowan and Strupinski families for the addition of a park bench at Seeman Park honoring Yankel Plotkin. Supporting Document •Resolution No. 22-072 accepting a donation of $2,600 from the Rowan & Strupinski families for a park bench at Seeman Park. RESOLUTION NO. 22-072 RESOLUTION ACCEPTING THE DONATION OF A PARK BENCH FROM THE ROWAN AND STRUPINSKI FAMILIES FOR SEEMAN PARK WHEREAS, the City Council adopted Resolution 04-20 on March 16, 2004, which established a policy for the receipt of gifts; and WHEREAS, the Resolution states that a gift of real or personal property must be accepted by the City Council by resolution and be approved by a two-thirds majority of the Council. A cash donation must be acknowledged and accepted by motion with a simple majority. NOW, THEREFORE, BE IT RESOLVED that the City Council accept the following donations on behalf of its citizens: $2,600 donation from the Rowan and Strupinski families for the addition of a park bench honoring Yankel Plotkin to be located at Seeman Park. Adopted by the City Council of Golden Valley, Minnesota this 6th day of September 2022. _____________________________ Shepard M. Harris, Mayor ATTEST: _____________________________ Theresa Schyma, City Clerk Golden Valley City Council Meeting September 6, 2022 Agenda Item 3. G. Adopt Resolution Approving Final Plat for Golden Valley Business Center Addition Prepared By Jason Zimmerman, Planning Manager Maria Cisneros, City Attorney Summary At the January 18, 2022, City Council meeting, the Council held a public hearing to consider the Preliminary Plat for the proposed project at 6300 Olson Memorial Highway. After the hearing, the Council approved the Preliminary Plat. The Final Plat has now been prepared for consideration. City staff have reviewed the document and find it to be consistent with the approved Preliminary Plat and the requirements of City Code. As part of the development plan, and as shown on the plat, a portion of the site will be dedicated as public right-of-way in anticipation of a future roadway connection to the west. Until the time it is necessary to construct the public road, the property owner(s) on either side of the right-of-way will utilize the space as if it were a private street. Obstructing or working within the City’s right-of-way requires the applicant to obtain a Right-of-Way Permit. To memorialize the unique arrangement between the City and the property owner(s), staff recommends placing conditions on that permit related to maintenance and ownership of the private roadway surface and underground utilities. Recommended Action • Motion to adopt Resolution No. 22-073, Approval of Plat for Golden Valley Business Center Addition. • Motion to authorize the Mayor and City Manager to sign the Right-of-Way Permit Addendum, in a form approved by the City Attorney. Attachments • Resolution 22-073, Approval of Plat for Golden Valley Business Center Addition (1 page) • Final Plat – Golden Valley Business Center Addition (3 pages) RESOLUTION NO. 22-073 RESOLUTION FOR APPROVAL OF PLAT – GOLDEN VALLEY BUSINESS CENTER ADDITION WHEREAS, the City Council has met at the time and place specified in a notice duly published with respect to the subject matter hereof, has heard all interested persons, and has heretofore conducted a public hearing on the proposed plat to be known as Golden Valley Business Center Addition covering the following described tracts of land: Lot 1, Block 1, and Lot 1, Block 2, GOLDEN VALLEY BUSINESS CENTER ADDITION, Hennepin County, Minnesota WHEREAS, all persons present were given the opportunity to be heard; NOW, THEREFORE, BE IT RESOLVED, by the City Council for the City of Golden Valley, that said proposed plat be, and the same hereby is, accepted and approved, and the proper officers of the City are hereby authorized and instructed to sign the original of said plat and to do all other things necessary and proper in the premises. Adopted by the City Council this 6th day of September 2022. _____________________________ Shepard M. Harris, Mayor ATTEST: _____________________________ Theresa Schyma, City Clerk Golden Valley City Council Meeting September 6, 2022 Agenda Item 4. A. Public Hearing Adopt Resolution No. 22-074 to Vacate Right of Way Easement at Southwest Quadrant of Merribee Drive and Lee Avenue North Intersection Prepared By Jeff Oliver, City Engineer Jason Zimmerman, Planning Manager R.J. Kakach, Assistant City Engineer Summary In 2021, the homeowner at 4501 Merribee approached staff about placing a shed in the yard abutting Lee Avenue North. Due to steep topography separating this area from the rear yard, the space along the house appeared to be the best location for the structure. The width of the yard, however, was not sufficient to provide the minimum distance from the home. Upon examination, staff determined that the width of the right-of-way in this portion of Lee Avenue was greater than needed to be retained by the City to accommodate utilities as well as to provide snow storage. The recommended vacation will reduce the width of the right-of-way and provide additional land to be combined with the existing lot to create space for the proposed shed. Staff generated a petition for the property owner at 4501 Merribee Drive to route to their neighbor at 4444 Merribee Drive for support of the right-of-way vacation. The petition was returned with both signatures supporting the vacation. A notice of public hearing regarding the proposed easement vacation was published and posted and letters were sent to the affected property owners. Staff sent a letter to all private utility companies requesting their review and comment, and there have been no objections to this easement vacation. Since the easements are not adjacent to a public water, notice to the Commissioner of Natural Resources is not required. In accordance with state statutes, a four-fifths majority vote in favor of the resolution is required to approve this easement vacation. Attachments •Easement Vacation Exhibit (1 page) •Resolution No. 22-074 Vacating Right of Way Easement at Southwest Quadrant of Merribee Drive and Lee Avenue North Intersection (1 page) City Council Regular Meeting Executive Summary City of Golden Valley September 6, 2022 2 Recommended Action •Motion to adopt Resolution No. 22-074 Vacating Right of Way Easement at Southwest Quadrant of Merribee Drive and Lee Avenue North Intersection. RESOLUTION NO. 22-074 RESOLUTION VACATING THE PLATTED RIGHT OF WAY EASEMENT AT THE SOUTHWEST QUADRANT OF THE MERRIBEE DRIVE AND LEE AVENUE NORTH INTERSECTION, GOLDEN VALLEY WHEREAS, the City Council of the City of Golden Valley, pursuant to due notice, has heretofore conducted public hearing on vacating the platted right of way easement at the southwest quadrant of the Merribee Drive and Lee Avenue North Intersection in Golden Valley. WHEREAS, all persons were given the opportunity to be heard; NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Golden Valley that said platted right of way easement at the southwest quadrant of the Merribee Drive and Lee Avenue North Intersection in Golden Valley easements legally described below be vacated: That part of Lot 4, Block 1, MERRIBEE HILLS, Hennepin County, Minnesota, lying West of the following described line: Commencing at the Northwest corner of said Lot 4; thence east along the North line of said Lot 4 a distance of 4.52 feet to the point of beginning of the line to be described; thence southeasterly a distance of 135.77 feet, more or less, to a point on the South line of said Lot 4, 26.00 feet east of the Southwest corner thereof, and there terminating. Adopted by the City Council of Golden Valley, Minnesota this 6th day of September 2022. _____________________________ Shepard M. Harris, Mayor ATTEST: _____________________________ Theresa Schyma, City Clerk Golden Valley City Council Meeting September 6, 2022 Agenda Item 6. A. Second Consideration of Ordinance No. 743 - Amending the Master Fee Schedule to Include Licensing Fees for Tetrahydrocannabinol (THC) Retail Establishments and Resolution No. 22-075 Authorizing Summary Publication of the Ordinance Prepared By Theresa Schyma, City Clerk Summary At its August 16, 2022 regular meeting, the Council adopted Ordinance No. 743 – licensing ordinance regulating the sale of products containing tetrahydrocannabinols (THC), Ordinance No. 742 – zoning regulations for THC sales, and the first consideration of Ordinance No. 743 – licensing fees for THC retail establishments. The application and process for THC retail establishments is modeled from the tobacco process that was updated in 2020. Staff proposes adopting a licensing fee of $450 to offset these costs which mirrors the cost of a tobacco license. Staff are in the process of finalizing the application materials so that business owners can begin the process immediately after the Council approves the licensing fees. Additionally, staff will be reaching out to known THC retail establishments and other interested parties to ensure they are aware of the process. Staff anticipates the first licenses for THC retail establishments will be considered at the September 20 City Council meeting. Financial Or Budget Considerations Fees received for licenses defray costs the City incurs to administer and enforce license regulations and requirements. Recommended Action • Motion to Approve Second Reading of Ordinance No. 743 - Amending the Master Fee Schedule to Include Licensing Fees for Tetrahydrocannabinol (THC) Retail Establishments • Motion to approve Resolution No. 22-075 authorizing summary publication of Ordinance No. 743 Supporting Documents • Ordinance No. 743 (1 page) • Resolution No. 22-075 (1 page) ORDINANCE NO. 743 AN ORDINANCE AMENDING THE CITY CODE Amending the 2022 Master Fee Schedule for the Addition of Licensing Fees for Tetrahydrocannabinol (THC) Retail Establishments The City Council for the City of Golden Valley hereby ordains: Section 1. The City Code requires that certain fees for City services and licenses be established from time to time by the City Council. Section 2. The 2022 Master Fee Schedule of the City Code is hereby amended by adding the following new fees for Licensing Fees for Tetrahydrocannabinol (THC) Retail Establishments: Tetrahydrocannabinol (THC) Products $450 Over the counter Section 3. This ordinance shall take effect from and after its passage and publication as required by law. First Consideration August 16, 2022 Second Consideration September 6, 2022 Date of Publication September 15, 2022 Date Ordinance takes effect September 15, 2022 Adopted by the City Council this 6th day of September 2022. _____________________________ Shepard M. Harris, Mayor ATTEST: _____________________________ Theresa Schyma, City Clerk RESOLUTION NO. 22-075 RESOLUTION AUTHORIZING SUMMARY PUBLICATION OF ORDINANCE NO. 743 WHEREAS, the City has adopted the above referenced amendment of the Golden Valley City Code; and WHEREAS, the verbatim text of the amendment is cumbersome, and the expense of the publication of the complete text is not justified. NOT THEREFORE, BE IT RESOLVED, by the City Council of the City of Golden Valley, Minnesota that the following summary is hereby approved for official publication: SUMMARY PUBLICATION ORDINANCE NO. 743 AN ORDINANCE AMENDING THE CITY CODE Amending 2022 Master Fee Schedule for the Addition of Licensing Fees for Tetrahydrocannabinol (THC) Retail Establishments This is a summary of the provisions of Ordinance No. 743 which has been approved for publication by the City Council. At the September 6, 2022 City Council meeting, the Golden Valley City Council enacted Ordinance No. 743 amending the 2022 Master Fee Schedule for the addition of licensing fees for Tetrahydrocannabinol (THC) retail establishments. The full ordinance is available to the public at the City Clerk’s Office, 7800 Golden Valley Road during normal business hours and online at www.goldenvalleymn.gov/code/. Passed by the City Council of the City of Golden Valley, Minnesota on September 6, 2022. _____________________ Shepard M. Harris, Mayor Attested: ________________________ Theresa J. Schyma, City Clerk Golden Valley Council Manager Meeting September 6, 2022 Agenda Item 6. B. First Consideration – Ordinance No. 744 – Amending the 2022 Master Fee Schedule for the Addition of a Grant Administration Fee Prepared By Sue Virnig, Finance Director Myles Campbell, Planner & Grant Coordinator Summary One of the most cost-effective methods of encouraging development with Golden Valley is through the acquisition of “pass-through” grant dollars to help meet financing gaps. Site Investigation and cleanup grants, LCDA and TOD development grants, and some housing grants from state and federal agencies require that a municipality act as the applicant and oversee the work of a private development partner. These types of grants can provide additional capital to help make a project happen, and do not require expenditure of City general funds, or TIF investment. There is cost however to administering and overseeing these grants involving sub-recipient parties. Staff is involved in drafting or reviewing application materials, putting together legal agreements between parties involved, and then monitoring the development or project in order to provide reporting and invoicing to the grant provider. These all require a minimum amount of staff time that currently is being covered via the general fund. Staff is proposing that rather than putting this cost burden on City tax payers, a flat fee eb established that accounts for the typical staff time expended in overseeing a grant project involving a sub- recipient. The proposed $3,000 fee anticipates staff involvement from the grants coordinator or other project coordinator, city attorney, city finance staff, and physical development staff (planning, engineering, environmental resources). First consideration of the fee will be presented at this meeting. The second consideration will be September 20, 2022 with the ordinance taking effect shortly afterwards, upon posting. Financial Or Budget Considerations Establishing a fee for grant administration reduces the staff cost burden associated with managing these applications, while encouraging redevelopment efforts of the City. Recommended Action Motion to adopt First Consideration of Ordinance No. 744 – Amending the 2022 Master Fee Schedule for the Addition of a Grant Administration Fee. Supporting Documents • Ordinance No. 744 – Amending the 2022 Master Fee Schedule for the Addition of a Grant Administration Fee (1 page) ORDINANCE NO. 744 AN ORDINANCE AMENDING THE CITY CODE Amending the 2022 Master Fee Schedule for the Addition of a Grant Administration Fee The City Council for the City of Golden Valley hereby ordains as follows: Section 1. The City Code requires that certain fees for City services be established from time to time by the City Council. Section 2. The 2022 Master Fee Schedule of the City Code is hereby amended by adding the following new fees to cover staff costs for administration of grant awards involving subrecipient parties: Subrecipient Grant Administration - $3,000 Section 3. This ordinance shall take effect from and after its passage and publication as required by law. First Consideration September 6, 2022 Second Consideration September 20, 2022 Date of Publication September 29, 2022 Date Ordinance takes effect September 29, 2022 Section 4. This ordinance shall take effect from and after its passage and publication as required by law. Adopted by the City Council this 20th day of September, 2022. /s/Shepard M. Harris Shepard M. Harris, Mayor ATTEST: /s/Theresa J. Schyma Theresa J. Schyma, City Clerk Event Event Time Location SEPTEMBER Sunday, September 11 Market in the Valley 9:00 AM - 1:00 PM City Hall Campus Tuesday, September 13 Special City Council Meeting (commission interviews)5:15 PM Hybrid - Council Conference Room Council Work Session 6:30 PM Hybrid - Council Conference Room Sunday, September 18 Market in the Valley 9:00 AM - 1:00 PM City Hall Campus Tuesday, September 20 Special City Council Meeting (commission interviews)5:15 PM Hybrid - Council Conference Room HRA Meeting 6:30 PM Hybrid - Council Chambers City Council Meeting 6:30 PM Hybrid - Council Chambers Thursday, September 22 Golden Valley Business Council Meeting 8:30 AM - 9:30 AM Hybrid Brookview - Valley View Room Sunday, September 25 Market in the Valley 9:00 AM - 1:00 PM City Hall Campus Wednesday, September 28 Franklin Center Ribbon Cutting Ceremony (newly remodeled campus)11:30 AM Franklin Center 1001 Boone Avenue North OCTOBER Thursday, October 6 City Council Meeting 6:30 PM Hybrid - Council Chambers Tuesday, October 11 Council Work Session 6:30 PM Hybrid - Council Chambers Tuesday, October 18 City Council Meeting 6:30 PM Hybrid - Council Chambers Thursday, October 27 Golden Valley Business Council Meeting 8:30 AM - 9:30 AM Hybrid Brookview - Valley View Room Friday, October 28 Special City Council Training Session 9:00 AM - 4:00 PM Council Conference Room Review of Council Calendar