CR 11-084 Order Feasibility Report 2012 Street & Utility Improvement - City Project 2011-10C,
C]
In
City of Hopkins
September 6, 2011
Order Feasibility Report
2012 Street & Utility Improvements
City Project 2011-10
Proposed Action
Council Report 2011-084
Staff recommends adoption of the following motion: Move that Council adopt
Resolution 2011-047, Resolution Ordering the Preparation of a Feasibility Report For
2012 Street and Utility Improvements and authorize Mayor and City Manager to enter
into an agreement with Bolton & Menk Inc to prepare the report.
This action is the first step in the process of improving selected streets in 2012 and
assessing abutting properties per City assessment policy. A petition to improve any of the
proposed streets has not been submitted to the City.
Overview
The 2012 - 2016 CIP identified street and utility improvements for the year 2011 in the
Central Hopkins east of 12th Avenue. The streets involved in this project are:
Minnetonka Mills Road between 5th and 12th Avenues North; Gethsemane Road; 3rd
Street North between 8th and 11th Avenues North; 4h Street North between 10th and 11th
Avenues North; 8th Avenue North between 1St and 2"d Streets North; 9th Avenue North
between Minnetonka Mills Road and 3rd Street North; the alley between 5th and 6th
Avenues North and 2"d and 3rd Streets North; and the alley between 8th and 9th Avenues
South just south of Mainstreet.
The first step in proceeding with the 2012 project is ordering a feasibility, report. Staff
has selected a qualified consultant to undertake topographic survey work, geotechnical
evaluation and the preliminary engineering report. The cost of these services is $49,428.
Final design and construction observation services will be negotiated separately after the
feasibility report phase and the Council's ordering of the improvement project.
Primary Issues to Consider
• Project background
• Consultant Selection and Fees
• Project schedule
o . Bradford, P.E., City Engineer
Supporting Information
• Project location map
• Bolton and Menk, Inc. Proposal
• Resolution 2011-047
• Financial Impact: $ 49,428 Budgeted: Y/N Y Source: Utility Funds PIR Funds, Special
Assessments Related Documents (CIP, ERP, etc.): 2012-2016 CIP
Notes:
C]
Council Report 2010-092
Page 2
Analysis of Issues
• Project background
These streets were selected for the 2012 improvements in light of their current
pavement condition. We did remove I I'h Avenue North between Mainstreet and
2nd Street North and add 9'h Avenue North between Minnetonka Mills and 3rd
Street North due to their current condition. The pavement condition indices for
the reconstruction areas in Central Hopkins are generally in the 30's and lower.
This portion of the project will be assessed to adjacent property owners.
The assessment policy for alley improvements indicates that property owners pay
for 80% of the improvements.
Total project budget is $2.075 Million
• Selection of consultant/proposed fees
Staff solicited a proposal from Bolton & Menk, Inc. This consulting firm has
provided exemplary service on the 2005 through the 2011 Street Improvement
• Projects and has worked with the City on many other projects. Their familiarity
with Hopkins policies, staff and expectations allows them to hit the ground
running. Staff believes the value of a quality consultant with considerable
Hopkins experience and a proven track record is important to a successful project.
Their close interaction with residents on all of these projects has been a key
component in our selection of this firm.
The proposed fee of $49,428 includes $5,628 for geotechnical investigations,
which have been directly contracted with the City on previous projects. The cost
compares favorably with comparable projects in other communities and fees
charged by other consultants.
• Project schedule
The Feasibility Report will be presented to Council at their November 15, 2011
meeting. This puts us on a schedule to bid the improvements in early April which
could help secure competitive bids for the project. Construction is anticipated to
begin in May and will continue through September.
As in the past, we will conduct multi -step public outreach including: notification
to residents of the project and survey work to be done; upcoming public
information meetings; and information regarding assessments and the public
• process that accompanies them.
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EXHIBIT I
TOPOGRAPHIC SURVEY AND FEASIBILITY STUDY
2012 STREET AND UTILITY IMPROVEMENTS
CITY OF HOPKINS, MINNESOTA
A. BASIC SERVICES
In accordance with the City of Hopkins Capital Improvements Plan, the City has
designated the following streets for rehabilitation in 2012:
■ Minnetonka Mills Road, between 5th Avenue North and the western limits.
■ Gethsemane Road, between Minnetonka Mills Road and the northern limits.
■ 3rd Street North, between 8th Avenue N. and 11th Avenue N.
■ 4th Street North, between 10th Avenue N. and 11`h Avenue N.
■ 8th Avenue North, between 1St. Street N. and 2nd Street N.
■ 9th Avenue North, between Minnetonka Mills Rd. and 3`d Street N.
In addition, two alleys have been designated for reconstruction in 2012:
■ Alley between 5th Avenue N. and 6th Avenue N. from 2nd Street N. to 3`d Street N.
■ Alley between 18t Street S. and Mainstreet from 8th Avenue N. to 9th Avenue N.
Bolton & Menk, Inc. will complete a topographic survey and feasibility study for
proposed improvements within the project area. A description of our proposed services is
detailed as follows:
Task 1: Topographic Survey and Mapping
Bolton & Menk, Inc. will complete a topographic survey of the existing conditions along
all streets within the project area. The survey will be completed within the right-of-way
and will include all visible features such as, but not limited to, pavements, curb lines,
manholes, catch basins, valves, sidewalks, turf areas, driveways, power poles, trees,
gardens, mailboxes, retaining walls, etc. All underground utility information will be
located and described per available as-builts, field markings, and private utility map
information. Manhole reports will also be completed for located manholes and catch
basins. Right-of-way will be illustrated based on found field monumentation and plat
information received from the City.
Task 2: Feasibility Study and Report
The preparation of the feasibility study will include the assembly of existing information
from the City of Hopkins and review meetings with City Staff to discuss the existing
street and utility conditions and needs for improvements. This task will also include
preliminary engineering and design of the proposed improvements, a review and
discussion of the final geotechnical report, neighborhood meetings, and two City Council
meetings.
City of Hopkins 1 August 15, 2011
•
Additional meetings are included in this proposal to meet with school and church
officials. In addition to the neighborhood meeting, an additional public meeting is
proposed for the school.
Bolton & Menk, Inc. will collect all available information relating to the project and
adjacent areas from the City of Hopkins including street and utility as-builts, pavement
maintenance reports, sewer videos and logs, and utility maintenance reports. The review
of the existing utilities will be initiated by a meeting with the City of Hopkins
Engineering and Public Works Staff. The purpose of this meeting is to receive input
from the City's Staff regarding their opinions of any necessary improvements. We will
also prepare a neighborhood survey form for distribution by the City and will review the
results of the surveys for discussion at the neighborhood meeting and for inclusion in the
feasibility report where applicable.
A geotechnical report prepared by Stork Twin City Testing, Corp., geotechnical
consultant will serve as the basis of our pavement evaluation. The evaluations, analyses,
and recommendations of this report will be summarized for inclusion into the final
feasibility study. Stork Twin City Testing, Corp. will contract directly with the City for
geotechnical engineering services for this project, see attached proposal from Stork Twin
City Testing, Corp.
For this feasibility report, special consideration will be given to desired improvements to
• the pedestrian facilities along Minnetonka Mills Road in the area of Alice Smith
Elementary School.
Bolton & Menk, Inc. will prepare itemized cost estimates for the proposed improvements
throughout the project area and will utilize these estimates along with plat information to
prepare preliminary assessment rolls for the project.
•
The results of the feasibility study including descriptions of the existing infrastructure,
proposed improvements, estimated costs, preliminary assessment roll, and proposed
project schedule will be detailed in a written report and presented at a neighborhood
meeting and at a City Council meeting. We will also attend a second City Council
meeting for the purpose of holding a Public Hearing.
City of Hopkins 2 August 15, 2011
n
•
The following is our preliminary schedule for the 2012 Street & Utility
Improvements:
Council Orders Preparation of Feasibility Report
....... September 6, 2011
Survey Work.............................................................. September 12 — September 30, 2011
Preparation of Feasibility Report ......................................October 1 — November 11, 2011
Present Feasibility Report /Order Public Hearing ................................November 15, 2011
Conduct Public Hearing /
Order Final Plans & Specifications................................................. January 3, 2012
Preparation of Final Plans & Specifications ..............................January 4 — March 2, 2012
Approve Final Plans & Specifications /
Authorize Advertisement for Bids .................................................... March 6, 2012
Bid Opening...................................................................................Week of April 2nd, 2012
Council Accepts Bids / Order Assessment Hearing ..................................... April 17, 2012
Conduct Public Assessment Hearing /
Adopt Assessment Roll / Award Bid ..............
(anticipates no need for 30 -day appeal period)
Construction...............................................................
B. ADDITIONAL SERVICES
........................... May 15, 2012
.............. June -October 2012
Consulting services performed other than those authorized under Section I.A. shall be
considered not part of the Contract Services and may be authorized by the CLIENT as
additional services. Additional Services consist of those services which are not generally
considered to be Contract Services; or exceed the requirements of the Contract Services;
or are not definable prior to the commencement of the project; or vary depending on the
technique, procedures or schedule of the project contractor. Additional services may
consist of the following:
1. All other services not specifically identified in Section A.
City of Hopkins 3 August 15, 2011
• • 0
DETAILED WORK PLAN
ESTIMATED PERSON -HOURS
2012 STREET & UTILITY IMPROVEMENTS: TOPOGRAPHIC SURVEY & FEASIBILITY STUDY
CITY OF HOPKINS, MINNESOTA
8/112011
CLIENT:
PROJECT:
CONSULTANT:
Task No.
CITY OF HOPKINS, MINNESOTA
2012 STREET & UTILITY IMPROVEMENTS: FEASIBILITY STUDY
BOLTON & MENK, INC.
Work Task Description
Project Manager Project Engineer Design Engineer
Engineering
Technician
•
Survey Manager
/ L.S.
•
Survey
Technician
Survey Crew
(1_)
Clerical
Totals
1.0
TOPOGRAPHIC SURVEY AND MAPPING
1.1
Plat Research
1
4
5
1.2
Set Horizontal and Vertical Control
3 1
1
1 30
34
1.3
Topographic Survey
12
116
128
1.4
Manhole Reports
2
2
1.5
Data Processing and Mapping
8
80
88
SUBTOTAL HOURS: TASK 1
0
0
2
0
24
85
146
0
257
2.0
FEASIBILITY STUDY AND REPORT
2.1
Review Geotechnical Report and Final Recommendations
1
2
3
2.2
Review Existing Infrastructure Data (As-builts, Master Plans, Sewer Videos, etc.)
4
2
6
2.3
Prepare Resident Questionnaire and Review Responses
4
4
2.4
Preliminary Engineering and Design
5
10
20
30
65
2.5
Prepare Preliminary Cost Estimates
6
10
10
0
26
2.6
Prepare Preliminary Assessment Rolls
4
20
10
34
2.7
Prepare Written Feasibility Report
4
4
20
8
36
2.8
Prepare Exhibits for Report and Meeting Presentations
2
4
10
16
2.9
Prepare for and Attend Meetings-
24
12
36
SUBTOTAL HOURS: TASK 2
44
50
84
40
0
0
0
8
226
TOTAL HOURS
44
50
86
40
24
85
146
8
483
- meetings include: 2 -meetings with school officials, 1 -public meeting for the school, (-
neighborhood meeting, 2 -meetings with church officials, 2 -staff meetings, 2 -City Council
meetings
0 0 0
PROJECT FEES
2012 STREET & UTILITY IMPROVEMENTS: TOPOGRAPHIC SURVEY & FEASIBILITY STUDY
CITY OF HOPKINS, MINNESOTA
CLIENT:
PROJECT:
CONSULTANT:
CITY OF HOPKINS, MINNESOTA
2012 STREET & UTILITY IMPROVEMENTS: FEASIBILITY STUDY
BOLTON & MENK, INC.
project
Manager
Project
Engineer
Design
Engineer
Engineering Survey
Technician Manager/ L.S.
Survey
Technician
Survey Crew
(1 -man)
Clerical
25/1 /LU11
Totals
TASK
1.0
AVERAGE RATE:
TOPOGRAPHIC SURVEY AND MAPPING
$97.00
$88.50
$75.00
$81.00
$130.00
$85.00
$100.00
$59.00
1.1
Plat Research
$0.00
$0.00
$0.00
$0.00
$130.00
$340.00
$0.001
$0.00
$470.00
1.2
Set Horizontal and Vertical Control
$0.00
$0.00
$0.00
$0.00
$390.00
$85.00
$3400.00
$0.00
$31,475.00
1.3
Topographic Survey
$0.00
$0.00
$0.00
$0.00
$1560.00
$0.00
$11,600.00
$0.00
$13,160.00
1.4
Manhole Reports
$0.00
$0.00
$150.00
$0.00
$0.00
$0.00
$0.00
$0.00
$150.00
1.5
Data Processing and Mapping
$0.00
$0.00
$0.00
$0.00
$1,040.00
$6,800.00
$0.00
$0.00
$7,840.00
SUBTOTAL FEES: TASK 1
$0.00
$0.00
$150.00
$0.001
$3,120.00
$7,225.00
$14,600.00
$0.001
$25,095.00
2.0
FEASIBILITY STUDY AND REPORT
2.1
Review Geotechnical Report and Final Recommendations
$97.00
$0.00
$150.00
$0.00
$0.00
$0.00
$0.00
$0.00
$247. 00
2.2
Prepare Resident Questionnaire and Review Responses
$0.00
$354.00
$150.00
$0.00
$0.00
$0.00
$0.00
$0.00
$504. 00
2.3
Review Existing Infrastructure Data (As-builts, Master Plans, Sewer Videos, etc.)
$0.00
$0.00
$300.00
$0.00
$0.00
$0.00
$0.00
$0.00
$300.0
2.4
Preliminary Engineering and Design
$485.00
$885.00
$1500.00
$2,430.00
$0.00
$0.00
$0.00
$0.00
$5,300.00
2.5
1prepare Preliminary Cost Estimates
$582.00
$885.00
$750.00
$0.00
$0.00
$0.00
$0.00
$0.00
$2,217.00
2.6
Prepare Preliminary Assessment Rolls
$388.00
$1,770.00
$750.00
$0.00
$0.00
$0.00
$0.00
$0.00
$2,908.0
2.7
Prepare Written Feasibility Report
$388.00
$354.00
$1,500.00
$0.00
$0.00
$0.00
$0.00
$472.00
$2,714.00
2.8
Prepare Exhibits for Report and Meeting Presentations
$0.00
$177.00
$300.00
$810.00
$0.00
$0.00
$0.00
$0.00
$1,287.0
2.9
Prepare for and Attend Meetings
$2,328.00
$0.00
$900.00
$0.00
$0.00
$0.00
$0.00
$0.00
$3228.00
SUBTOTAL FEES: TASK 2
$4,26&00
$4,425.00
$6,300.001
$3.240.001
$0.00
$0.00
$0.00
$472.00
$18,705.00
TOTAL FEES
$4,268.001
$4,425.001
$6,450.00
_$3,240.001
$3,120.001
$7,225.00
$14,600.00
$472.00
$43,800.00
0
AGREEMENT FOR PROFESSIONAL SERVICES
TOPOGRAPHIC SURVEY AND FEASIBILITY STUDY
2012 STREET AND UTILITY IMPROVEMENTS
CITY OF HOPKINS, MINNESOTA
This Agreement, made this 6'h day of September, 2011, by and between CITY OF HOPKINS, 1010 Is'
Street South, Hopkins, MN 55343, hereinafter referred to as CLIENT, and BOLTON & MENK, INC.,
12224 Nicollet Avenue, Burnsville, MN 55337, hereinafter referred to as CONSULTANT.
WITNESS, whereas the CLIENT requires professional services in conjunction with 2012 STREET AND
UTILITY IMPROVEMENTS — TOPOGRAPHIC SURVEY AND FEASIBILITY STUDY and whereas
the CONSULTANT agrees to furnish the various professional services required by the CLIENT.
NOW, THEREFORE, in consideration of the mutual covenants and promises between the parties hereto,
it is agreed:
SECTION I CONSULTANT'S SERVICES
A. The CONSULTANT agrees to perform the various Basic Services in connection with the proposed
project as described in Exhibit I.
• B. Upon mutual agreement of the parties hereto, Additional Services may be authorized as described
in Exhibit I or as described in Paragraph IV.B.
SECTION II - THE CLIENT'S RESPONSIBILITIES
A. The CLIENT shall promptly compensate the CONSULTANT in accordance with Section III of this
- Agreement.
B. The CLIENT shall place any and all previously acquired information in its custody at the disposal
of the CONSULTANT for its use. Such information shall include but shall not be limited boundary
surveys, topographic surveys, preliminary sketch plan layouts, building plans, soil surveys,
abstracts, deed descriptions, tile maps and layouts, aerial photos, utility agreements, environmental
reviews, and zoning limitations. The CONSULTANT may rely upon the accuracy and sufficiency
of all such information in performing services unless otherwise instructed, in writing, by CLIENT.
C. The CLIENT will guarantee access to and make all provisions for entry upon both public and
private portions of the project and pertinent adjoining properties.
D. The CLIENT will give prompt notice to the CONSULTANT whenever the CLIENT observes or
otherwise becomes aware of any defect in the proposed project.
E. The CLIENT shall designate a liaison person to act as the CLIENT'S representative with respect to
services to be rendered under this Agreement. Said representative shall have the authority to
transmit instructions, receive instructions, receive information, interpret and define the CLIENT'S
policies with respect to the project and CONSULTANT'S services.
Public Standard Agreement (2004 Form) VER. 6/22/2006
Page I of 10
• F. The CLIENT shall provide such legal, accounting, independent cost estimating and insurance
counseling services as may be required for completion of the consultant services described in this
agreement.
•
•
G. The CLIENT will obtain any and all regulatory permits required for the proper and legal execution
of the project.
H. The CLIENT will hire, when requested by the CONSULTANT, an independent test company to
perform laboratory and material testing services, and soil investigation that can be justified for the
proper design and construction of the project. The CONSULTANT shall assist the CLIENT in
selecting a testing company. Payment for testing services shall be made directly to the testing
company by the CLIENT and is not part of this Agreement.
Public Standard Agreement (2004 Form) VER. 6/22/2006
Page 2 of 10
• SECTION III - COMPENSATION FOR SERVICES
A. FEES.
1. The CLIENT will compensate the CONSULTANT in accordance with the following schedule
of fees for the time spent in performance of Agreement services.
Schedule of Fees
Classification
Hourly Rates
Sr. Project Manager - Principal Engineer/Surveyor
$120-150/Hour
Project Manager
$85-145/Hour
Project/Design Engineer/Planner
$60 -135/1 -lour
Licensed Surveyor
$70-135/Hour
Project Surveyor
$60-100/Hour
Specialist (Nat. Resources; GIS; Traffic; Other)
$70-120/Hour
Senior Technician (Inc. Survey)
$70-120/Hour
Technician (Inc. Survey)
$50-90/Hour
Administrative Support & Clerical
$35-80/Hour
GPS/Robotic Survey Equipment
No Charge
CAD/Computer Usage
No Charge
Routine Photo Copying/Reproduction
No Charge
Field Supplies/Survey Stakes & Equipment
No Charge
• Mileage
No Charge
'No separate charges will be made for GPS or robotic total stations on Bolton & Menk, Inc. survey
assignments; the
cost of this equipment is included in the rates for Survey Technicians.
U
2. Total cost for the services itemized under Section I.A (Basic Fee) shall not to exceed $43,800.
Itemization of this cost is as shown in the attached DETAILED WORK PLAN and PROJECT
FEES tables.
3. In addition to the foregoing, CONSULTANT shall be reimbursed at cost plus an overhead fee
(not -to -exceed 10%) for the following Direct Expenses when incurred in the performance of the
work.
a. CLIENT approved outside (facilities not owned by CONSULTANT) computer services.
b. CLIENT approved outside professional and technical services.
C. Outside reproduction and reprographic charges.
d. Expendable field supplies and special field equipment rental.
e. Other costs for such additional items and services that the CLIENT may require the
CONSULTANT to provide to fulfill the terms of this Agreement.
4. Additional services as outlined in Section I.B will vary depending upon project conditions and
will be billed on an hourly basis at the rate described in Section III.A.1.
Public Standard Agreement (2004 Form) VER. 6/22/2006
Page 3 of 10
. B. The payment to the CONSULTANT will be made by the CLIENT upon billing at intervals not
more often than monthly at the herein rates.
•
•
Public Standard Agreement (2004 Form) VER. 6/22/2006
Page 4 of 10
SECTION IV - GENERAL
A. STANDARD OF CARE
Professional services provided under this Agreement will be conducted in a manner consistent with
that level of care and skill ordinarily exercised by members of the Consultant's profession currently
practicing under similar conditions. No warranty, express or implied, is made.
B. CHANGE IN PROJECT SCOPE
In the event the CLIENT changes or is required to change the scope of the project from that
described in Section I and/or the applicable addendum, and such changes require Additional
Services by the CONSULTANT, the CONSULTANT shall be entitled to additional compensation
at the applicable hourly rates. The CONSULTANT shall give notice to the CLIENT of any
Additional Services, prior to furnishing such additional services. The CLIENT may request an
estimate of additional cost from the CONSULTANT, and upon receipt of the request, the
CONSULTANT shall furnish such, prior to authorization of the changed scope of work.
C. LIMITATION OF LIABILITY
CONSULTANT shall indemnify, defend, and hold harmless CLIENT and its officials, agents and
employees from any loss, claim, liability, and expense (including reasonable attorneys' fees and
expenses of litigation) arising from, or based in the whole, or in any part, on any negligent act or
omission by CONSULTANT'S employees, agents, or subconsultants. In no event shall CLIENT
be liable to CONSULTANT for consequential, incidental, indirect, special, or punitive damages.
CLIENT shall indemnify, defend, and hold harmless CONSULTANT and its employees from any
loss, claim, liability, and expense (including reasonable attorneys' fees and expenses of litigation)
arising from, or based in the whole, or in any part, on any negligent act or omission by CLIENT'S
employees, agents, or consultants. In no event shall CONSULTANT be liable to CLIENT for
consequential, incidental,. indirect, special, or punitive damages.
Nothing contained in this Agreement shall create a contractual relationship with or a cause of action
in favor of a third party against either the CLIENT or the CONSULTANT. The CONSULTANT'S
services under this Agreement are being performed solely for the CLIENT'S benefit, and no other
entity shall have any claim against the CONSULTANT because of this Agreement or the
performance or nonperformance of services provided hereunder. The CLIENT agrees to include a
provision in all contracts with contractors and other entities involved in this project to carry out the
intent of the paragraph.
D. INSURANCE
The CONSULTANT agrees to maintain, at the CONSULTANT'S expense, statutory worker's
compensation coverage.
• The CONSULTANT also agrees to maintain, at CONSULTANT'S expense, general liability
insurance coverage insuring CONSULTANT against claims for bodily injury, death or property
damage arising out of CONSULTANT'S general business activities (including automobile use).
Public Standard Agreement (2004 Form) VER. 6/22/2006
Page 5 of 10
• The liability insurance policy shall provide coverage for each occurrence in the minimum amount
of $1,000,000.
During the period of design and construction of the project, the CONSULTANT also agrees to
maintain, at CONSULTANT'S expense, Professional Liability Insurance coverage insuring
CONSULTANT against damages for legal liability arising from an error, omission or negligent act
in the performance of professional services required by this agreement, providing that such
coverage is reasonably available at commercially affordable premiums. For purposes of this
agreement, "reasonably available" and "commercially affordable" shall mean that more than half of
the design professionals practicing in this state in CONSULTANT'S discipline are able to obtain
coverage. The professional liability insurance policy shall provide coverage for each occurrence in
the amount of $1,000,000 and annual aggregate of $1,000,000 on a claims -made basis.
Upon request of CLIENT, CONSULTANT shall provide CLIENT with certificates of insurance,
showing evidence of required coverages.
E. OPINIONS OR ESTIMATES OF CONSTRUCTION COST
Where provided by the CONSULTANT as part of Exhibit I or otherwise, opinions or estimates of
construction cost will generally be based upon public construction cost information. Since the
CONSULTANT has no control over the cost of labor, materials, competitive bidding process,
weather conditions and other factors affecting the cost of construction, all cost estimates are
opinions for general information of the CLIENT and the CONSULTANT does not warrant or
• guarantee the accuracy of construction cost opinions or estimates. The CLIENT acknowledges that
costs for project financing should be based upon contracted construction costs with appropriate
contingencies.
F. CONSTRUCTION SERVICES
It is agreed that the CONSULTANT and its representatives shall not be responsible for the means,
methods, techniques, schedules or procedures of construction selected by the contractor or the
safety precautions or programs incident to the work of the contractor.
G. USE OF ELECTRONIC/DIGTTAL DATA
Because of the potential instability of electronic/digital data and susceptibility to unauthorized
changes, copies of documents that may be relied upon by CLIENT are limited to the printed copies
(also known as hard copies) that are signed or sealed by CONSULTANT. Except for
electronic/digital data which is specifically identified as a project deliverable by this
AGREEMENT or except as otherwise explicitly provided in this AGREEMENT, all
electronic/digital data developed by the CONSULTANT as part of the PROJECT is acknowledged
to be an internal working document for the CONSULTANT'S purposes solely and any such
information provided to the CLIENT shall be on an "AS IS" basis strictly for the convenience of
the CLIENT without any warranties of any kind. As such, the CLIENT is advised and
acknowledges that use of such information may require substantial modification and independent
. verification by the CLIENT (or its designees). Provision of electronic/digital data, whether
required by this Agreement or provided as a convenience to the Client, does not include any license
of software or other systems necessary to read, use or reproduce the information. It is the
Public Standard Agreement (2004 Form) VER. 6/22/2006
Page 6 of 10
• responsibility of the CLIENT to verify compatibility with its system and long-term stability of
media. CLIENT shall indemnify and hold harmless CONSULTANT and its Subconsultants from
all claims, damages, losses, and expenses, including attorneys' fees arising out of or resulting from
third party use or any adaptation or distribution of electronic/digital data provided under this
AGREEMENT, unless such third party use and adaptation or distribution is explicitly authorized by
this AGREEMENT.
H. REUSE OF DOCUMENTS
Drawings and Specifications and all other documents (including electronic versions of any
documents) prepared or furnished by CONSULTANT pursuant to this AGREEMENT are
instruments of service in respect of the Project and CONSULTANT shall retain exclusive
ownership and property interest therein whether or not the Project is completed. The
CONSULTANT shall be deemed the author of these documents and shall retain all common law,
statutory and other reserved rights including the copyright. CLIENT may make and retain copies
for information and reference in connection with the use and occupancy of the Project by CLIENT
and others; however, such documents are not intended or represented to be suitable for reuse by
CLIENT or others on extensions of the Project or on any other project. Any reuse by CLIENT or
any other entity without written verification or adaptation by CONSULTANT for the specific
purpose intended will be at CLIENT'S sole risk and without liability or legal exposure to
CONSULTANT and CLIENT shall indemnify, defend and hold harmless CONSULTANT from all
claims, damages, losses and expenses including attorney's fees arising out of or resulting therefrom:
Any such verification or adaptation will entitle CONSULTANT to further compensation at rates to
• be agreed upon by CLIENT and CONSULTANT.
I. PERIOD OF AGREEMENT
This Agreement will remain in effect for the longer of a period of two years or such other explicitly
identified completion period, after which time the Agreement may be extended upon mutual
agreement of both parties.
PAYMENTS
If CLIENT fails to make any payment due CONSULTANT for services and expenses within thirty
days after date of the CONSULTANT'S invoice, a service charge of one and one-half percent
(1.5%) per month or the maximum rate permitted by law, whichever is less, will be charged on any
unpaid balance. In addition after giving seven days' written notice to CLIENT, CONSULTANT
may, without waiving any claim or right against the CLIENT and without incurring liability
whatsoever to the CLIENT, suspend services and withhold project deliverables due under this
Agreement until CONSULTANT has been paid in full all amounts due for services, expenses and
charges.
K. TERMINATION
• This Agreement may be terminated by either party for any reason or for convenience by either party
upon seven (7) days written notice.
Public Standard Agreement (2004 Form) VER. 6/22/2006
Page 7 of 10
• In the event of termination, the CLIENT shall be obligated to the CONSULTANT for payment of
amounts due and owing including payment for services performed or furnished to the date and time
of termination, computed in accordance with Section III of this Agreement.
•
L. CONTINGENT FEE
The CONSULTANT warrants that it has not employed or retained any company or person, other
than a bona fide employee working solely for the CONSULTANT to solicit or secure this Contract,
and that it has not paid or agreed to pay any company or person, other than a bona fide employee,
any fee, commission, percentage, brokerage fee, gift or any other consideration, contingent upon or
resulting from award or making of this Agreement.
M. NON-DISCRIMINATION
The provisions of any applicable law or ordinance relating to civil rights and discrimination shall be
considered part of this Agreement as if fully set forth herein.
The CONSULTANT is an Equal Opportunity Employer and it is the policy of the
CONSULTANT that all employees, persons seeking employment, subcontractors, subconsultants
and vendors are treated without regard to their race, religion, sex, color, national origin, disability,
age, sexual orientation, marital status, public assistance status or any other characteristic protected
by federal, state or local law.
N. CONTROLLING LAW
This Agreement is to be governed by the law of the State of Minnesota.
O. DISPUTE RESOLUTION
CLIENT and CONSULTANT agree to negotiate all disputes between them in good faith for a
period of 30 days from the date of notice of dispute prior to proceeding to formal dispute resolution
or exercising their rights under law. Any claims or disputes unresolved after good faith
negotiations shall first be submitted to mediation utilizing the Minnesota District Court Rule 114
Roster. Disputes not resolved by mediation shall then be submitted to arbitration in accordance
with provisions of the Construction Industry Arbitration Rules of the American Arbitration
Association. CONSULTANT and the CLIENT agree to require an equivalent dispute resolution
process governing all contractors, sub -contractors, suppliers, consultants, and fabricators concerned
with this project.
P. SURVIVAL
All obligations, representations and provisions made in or given in Section IV of this Agreement
will survive the completion of all services of the CONSULTANT under this Agreement or the
• termination of this Agreement for any reason.
Public Standard Agreement (2004 Foran) VER. 6/22/2006
Page 8 of 10
0 Q. SEVERABILITY
•
•
Any provision or part of the Agreement held to be void or unenforceable under any law or
regulation shall be deemed stricken, and all remaining provisions shall continue to be valid and
binding upon CLIENT and CONSULTANT, who agree that the Agreement shall be reformed to
replace such stricken provision or part thereof with a valid and enforceable provision that comes as
close as possible to expressing the intention of the stricken provision.
Public Standard Agreement (2004 Form) VER. 6/22/2006
Page 9 of 10
•
U
•
SECTION V - SIGNATURES
THIS INSTRUMENT embodies the whole agreement of the parties, there being no promises, terms,
conditions or obligation referring to the subject matter other than contained herein. This Agreement may
only be amended, supplemented, modified or canceled by a duly executed written instrument signed by
both parties.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed in their behalf.
CLIENT: City of Hopkins, Minnesota CONSULTANT: Bolton & Menk. Inc.
Date
Public Standard Agreement (2004 Form)
Mark D. Kasma, BMI Office Manager
Marcus A. Thomas, Principal Engineer
Date
Page 10 of 10
VER. 6/22/2006
STORMO Stork Twin City Testing Corporation
Materials Technology
Material Testing • Non -Destructive Testing
101 August 10, 2011 Product Evaluation • Construction Materials
662 Cromwell Avenue
City of Hopkins St. Paul, MN 55114
c/o Bolton & Menk, Inc. USA
Attn.: Sarah E. Rippke, P. E. Telephone : (651) 645-3601
12224 Nicollet Avenue Telefax : (651) 659-7348
Burnsville, Minnesota 55337 Website www.storktct.com
Email: Sarahrila'�,bolton-menk.com
RE: Proposal for Geotechnical Drilling and Engineering Services
City of Hopkins — 2012 Street and Utility Improvements
Pavement Evaluation Study
Hopkins, Minnesota
INTRODUCTION
Stork Twin City Testing Corporation thanks you for the opportunity to submit this proposal for
geotechnical exploration and engineering services for the above referenced project. We have
completed numerous projects with a similar scope and are familiar with the tasks involved to
complete these services of this project.
SCOPE OF WORK
Based on your request and review of the project scope, the following is a brief overview of the
included services.
1. Meet with City and their engineering representatives to discus boring locations and
existing pavement conditions of areas identified on Bolton & Menk Plan.
2. Layout twenty-two (22) boring locations as identified from Bolton & Menk Plan for
soil/pavement evaluation. Elevations of the test locations should be taken by the project
surveyor and submitted to us for inclusion in our final report.
3. Perform Gopher -State -One -Call utility clearance to locate public utilities within the drilling
area. The client and/or property owner should mark any private utilities within the drilling
area not located by Gopher -State -One -Call. If the client or current property owner
cannot locate these utilities, a Private Locator may have to be retained to locate
unmarked utilities, if needed, at a cost of $105.00/hour.
4. Explore the subsurface soil and groundwater conditions by drilling eight (8) Standard
Penetration Test (SPT) soil borings each to a unit depth of approximately 22' and
fourteen (14) SPT borings to a unit depth of approximately 12' or to auger refusal upon
bedrock using a truck mounted drill rig at the proposed drilling locations. Boring depth
may be extended per prior authorization from client if soft soils are encountered to
properly evaluate geotechnical options. Patch bore holes with auger cuttings and
• bentonite chips. Cold bituminous patch matching the thickness of the existing pavement
would be used at the surface through the pavement areas. Clean up borehole location
after completion of coring and drilling operations.
This agreement shall be governed exclusively by the general terms and conditions of sale and performance of testing services by Stork
Twin City Testing, Inc. a North Carolina Business corporation ('TCT') d.d. 05/01/2001. In no event shall Stork Twin City Testing, Inc. be
liable for any consequential, special or indirect loss or any damages above the cost of the work. Payment is due within 30 days of invoice.
Stork Twin City Testing Corporation is an operating unit of Stork Materials Technology B.V., Amsterdam, The Netherlands, which is a member of the Stork group
-VO R i Stork Twin City Testing Corporation
Materials Technology
• Proposal for Geotechnical Drilling and Engineering Services Page 2 of 4
City of Hopkins --- 2012 Street and Utility Improvements
Pavement Evaluation Study
Hopkins, Minnesota
•
5. Perform laboratory review of soil samples to check soil classification. Perform additional
laboratory tests to identify soil properties and characteristics. Laboratory tests to include
moisture content and mechanical analysis tests.
6. Prepare an engineering report including logs of soil borings with standard penetration
readings, existing pavement thickness and aggregate base thickness (if encountered), a
site plan showing the approximate boring locations, along with a narrative including an
evaluation of the pavement surface and subsurface conditions. The report would also
include an estimate of an R -value for pavement section design, utility pipeline bedding
and backfilling recommendations. A minimum of three (3) copies of the report and one
electronic copy in PDF format would be delivered to you or the parties you designate.
FIELD WORKISCHEDULE
The boring work and laboratory testing will be in general accordance with the applicable
American Standards for Testing and Materials (ASTM) procedures. The soils will be visually
and manually classified in the field and then in the laboratory by a geotechnical engineer. The
borings will extend to the requested depths as indicated and the locations will be those shown
on the boring location plan. The bore -holes may extend deeper if suitable subsoils are not
encountered as authorized by the client. Prior to drilling we will clear public utilities through the
Gopher -State -One -Call. The client (City) should mark any private buried lines. If additional
private utility clearances are required then additional charges may apply.
We could begin work on this project shortly after authorization is given to us by the client. We
understand this to occur by the end of August 2011. Site drilling would commence shortly after
utilities are cleared, We estimate this to occur approximately 5 business days after the contract
is signed to allow for the site meeting, layout and utility clearances. We estimate the drilling to
take approximately 3 to 4 days provided no interruption from weather/traffic with the final report
completed 8 to 10 business days after completion of drilling operations, Preliminary findings
could be provided upon your request after site drilling is completed. This would include boring
logs and preliminary recommendations.
GEOTECHNICAL REVIEW/REPORT
We would submit a report to you and the parties you designate including soil boring logs,
description of the soil and groundwater conditions along with geotechnical engineering
recommendations and opinions. The report will present our pavement evaluation as discussed
above.
This agreement shall be governed exclusively by the general terms and conditions of sale and performance of testing services by Stork
Twin City Testing, Inc. a North Carolina Business corporation ("TCT") d.d. 05/01/2001. In no event shall Stork Twin City Testing, Inc. be
liable for any consequential, special or indirect loss or any damages above the cost of the work. Payment is due within 30 days of invoice.
R ice'' Stork Twin City Testing Corporation
Materials Technology
Proposal for Geotechnical Drilling and Engineering Services Page 3 of 4
City of Hopkins — 2012 Street and Utility Improvements
Pavement Evaluation Study
Hopkins, Minnesota
COST
The fee for the requested services as detailed above is outlined below:
Site Meeting, Gopher -State -One -Call Utility Locates,
Mobilization drill rig & crew, Drilling and sampling twenty-two
(22) SPT borings, 344' total, Patch bore -holes, Clean-up,
Demobilization, Laboratory soil sample review and testing,
Project management and formal geotechnical report as
described above. Lump Sum $5,628.00
Total Estimated Project Costs: Lump Sum $5,628.00 *
This quote does not include environmental testing or consultant services. These services
can be provided for your convenience, if required, at an additional cost.
Additional boring depth if needed and authorized by the client would be at a rate of $15.00/foot.
Additional engineering if needed and authorized by the client would be at a rate of $110.00/hour.
• Our drill rig may cause minor damage to the surface while drilling especially in wet conditions.
We will try our best to minimize such damage. This quote does not include repairing damage
caused to the surface by our drill rig.
0
Client to provide access to boring locations prior to drilling. This proposal does not include the
cost of tree cutting, snow plowing or making/constructing access to the boring locations.
Rock coring is not included in this proposal. If rock coring is required and authorized by the
client would be at a rate of $50.00/foot plus set up costs. We do not anticipate at the depths of
the borings that rock coring would be required for this project.
This price is valid for thirty days from date above. Invoices are due upon receipt. A late payment
FINANCE CHARGE will be charged at the periodic rate of 1.5% per month (or the maximum
allowed by law) on any balance remaining unpaid 30 days after the date of the invoice.
This agreement shall be governed exclusively by the general terms and conditions of sale and performance of testing services by Stork
Twin City Testing, Inc. a North Carolina Business corporation ("TCT') d.d. 05/01/2001. In no event shall Stork Twin City Testing, Inc. be
liable for any consequential, special or indirect loss or any damages above the cost of the work. Payment is due within 30 days of invoice.
i Stork Twin City Testing Corporation
Materials Technology
Proposal for Geotechnical Drilling and Engineering Services Page 4 of 4
Is City of Hopkins — 2012 Street and Utility Improvements
Pavement Evaluation Study
Hopkins, Minnesota
•
REMARKS
This estimate covers the work needed to perform the soil exploration, obtain field samples, and
prepare reports. If this proposal is acceptable, please sign one of the enclosed copies and
return it for our files.
Thank you for the opportunity to be of service. We look forward to working with you on this
project. If you have any questions, please call Mark Straight at (651) 659-7447.
Respectfully submitted,
STORTWIN ITY TESTING CORPORATION
ark St aight. P. .
Senior roject Engineer
By signing this Agreement, Client assents to the terms and conditions set forth above and
attached.
ACCEPTED:
Client:
Authorized
Signature:_
Typed
Name:
Date:
F:18MC1GE016ilAS1PROPGSAL12011 Geo Proposals\Pavement Evaluation Borings 2012 Street Improvements City of Hopkins August 10 2011.doc
This agreement shall be governed exclusively by the general terms and conditions of sale and performance of testing services by Stork
Twin City Testing, Inc. a North Carolina Business corporation ("TCT") d.d. 05/01/2001. In no event shall Stork Twin City Testing, Inc. be
liable for any consequential, special or indirect loss or any damages above the cost of the work. Payment is due within 30 days of invoice.
•
•
GENERAL TERMS AND CONDITIONS OF SALE AND PERFORMANCE OF TESTING SERVICES
BY STORK TWIN CITY TESTING CORPORATION,
a North Carolina business corporation ("TCT") dated 05/01/2001
1. Application; Fornuttion of Contract. These General Terms and
Conditions of Sale and Performance of Testing Services (the "Terms and
Conditions") shall apply to all acts in respect of the purchase and sale of
testing and other service's (the"Work") pursuant to any contract (a
"Contract") to which these Temas and Conditions are made applicable.
The submission by a party ("Customer') of any sample to TCT for testing
or similar services shall, upon acceptance of such sample by TCT for such
servioc§, constitute an express Contract to which these Terms and
Conditions apply. All orders for Work are subject to TCT's approval and
acceptance.
2. Modification and Waiver; Other Terms. No provision in these
Tenns.and Conditions Inay be varied or waived except by a writing
specifically describing such variance or waiver signed by an officer of
TCT_ TCT's acceptance or acknowledgement, even if in writing and.
signed by TCT, of Custotmer's purchase order or any other document
pertaining to the Work shall not be deemed an acceptance of any
provision of Customer s purchase order or any other document that
conRicts with or adds to these terns and conditions, absent a separate
agreement in writing signed by TCT expressly acknowledging and
agreeing to such provisions. IT [S'EXPRESSLY. UNDERSTOOD
AND AGREED THAT INTHE EVENTTERMS AND
CONDITIONS SET FORTH IN ANY ORDER FORM, PURCHASE
REQUEST OR CONFIRMATION PROVIDED BY CUSTOMER
ADD TO OR CONFLICT WITH THESE TERMS AND
CONDITIONS, THESE TERMS AND CONDITIONS SHALL
PREVAIL AND GOVERN. TOT'S ACCEPTANCE OF A
CONTRACT TO PERFORM WORK IS EXPRESSLY
CONDkTIONAL ON CUSTOMER'S AGREEMENT AND ASSENT
To THESE TERMS AND CONDITIONS.
3. Prices for the Work; Payment Prices quoted by TCT for the Work
are solely for the performance of the Work and do not include freight,
insurance, inspection or packaging charges, warehousing or storage casts,
or any sales, use, excise, customs duties, or other taxes or fees ('Costs") -
Unless TCT expressly agrees in writing to pay such Costs, all such Costs
are to be paid by Customer and any Costs paid by TCT shall promptly be
reimbursed by Customer. A minimum charge of 535.00 applies to each
sample'submitted unless a blanket purchase order specifying different.
pricing has been submitted and accepted. Written and oral quotation's are
subject to withdrawal by TCT by notice at any time, and, in any event,
shall be valid only for thirty (30) days from the date thereof.
Payment is due in cash as specified in TCT's quotation, proposal or order
confirmation and, unless otherwise expressly agreed to in writing by TCT,
payment is due in U.S. dollarsonlq.. [[not specified therein, payment is
-due in cash upon completion of the Work; provided, however, that if the
Contract involves a series of tests or other events ofpartiat perfoptlance,
TCC may invoice, and Custorner shall pay for, each such tester part on a
pro rata basis. If performance is delayed by Customer or other causes
beyond TCT's reasonable control, TCT may submit invoices, and
payment shall become due, as if the Work had been completed as
scheduled. If such delay is caused by Customer, Customer shall
additionally pay all reasonable warehousing and other expenses and Costs
ofTCT incident to such delay in shipment.
lire net amount for services performed pursuant to these -Terms and
Conditions shall be due in full, without discount, within thirty (30) days
of invoice, unless otherwise stated. If payment in full is not made when
due, interest shall accrue on the unpaid balance at the lesser of (i) the rate
of 1'/:% per month (18% per annum) or (ii) the maximum rate permitted
under applicable law_ Customer agrees to pay reasonable attorneys' fees
incurred by TCT in the collection of past due invoices and account
balances.
If TCT at any time determines in its sole judgment that there are
reasonable grounds for insecurity with respect to Customer's payment for
the Work or any other obligation of Customer set forth in the Contras or
C.trOCUM£-t4ngz viu pCAtS-i\TempinolesEI MATERMS & COMMONS TM.doe
in theseTem>_s,and Conditions, TCT may require adequate assurance of
due payment or other performance, such as payment in cash or
satisfactotysecudty, and until TCT receives sueh assurance, TCT may
suspend any performance for which it has not already received payment.
4. CompLetion of Work; Limited Warranty. TCC warrants that it will
complete the Work in a satisfactory and workmanlike manner consistent
with industry standards TCT will exercise commercially reasonable
efforts to complete the Work and provide a report t)iereon by any date
reasonably requested in writing by Customer, but shall not be liable for
any delay in the performance of projects or in the delivery or shipment
of goods, or for any damages suffered by the client by reason of such
delay. TCT's performance of any and all Work is subject to TCT's
current facility schedules, governmental priorities, and other government
regulations, purchase orders, directions, and restrictions (bat may be in
effect from time to time.
EXCEPT AS EXPLICITLY SET FORTH IN THIS PARAGRAPH 4,
TCT MAKES NO OTHER WARRANTY, WHETHER EXPRESS,
IMPLIED OR S ATUTORY, AND ALL SUCH WARRANTIES
AI2E HEREBY EXPRESSLY EXCLUDED.
TCT's warranty shall not apply to any portion of the Work performed by a
party other than TCT except to the extent that any such third party has
warranted such performance to TCT and is liable to TCT under such
warranty.
No employee, agent or other person is authorized to give any warranties
on behalfofTCT irr addition to or different from those herein given, or to
assume for TCT any other. liability in connection with the Work except in
a writing which is signed by an authorized officer of TCT, which
expressly gives such warranties or assumes such liability, and which is
made part of the Contract pursuant to paragraphs 1 and 2 above -
5. Customer's Property_ Whenever TCT is provided in writing
detailed instructions as to the treatment and handling of Customer's
property, TCT will exercise commercially reasonable efforts to comply
with such instructions. Type of material, tolerances and specifications
for processing shall be declared in writing by Customer prior to TCT's
commencing any Work or shall be deemed not to have been known by
TCT.
Testing services supplied by TCT are generally considered to be
destructive. Under special conditions, some testing may be performed
without destroying samples- However, by submitting components or
samples to TCT, Customer expressly agrees that all material submitted.
may be destroyed . TCT will not be responsible for any costs or losses
resulting from destruction of Customer's property submitted to TGT
unless both the written Contract and Customer's property are clearly
marked "Do Not Destroy." If the Contractand Customer's property are
not so marked, TCT shall have no liability for damage to Customer's
property. If the Contract and Customer's property are so marked, TCT's
liability for damage to Customers property is limited to the lesser of (i)
the value of Customer's property or (ii) the cost of the Work performed
on the damaged property pursuant to the Contract. Under no conditions
will TCT be responsible for any additional costs or damages, including
consequential damages and indirect costs or losses, resulting from
destruction of CustomeC s property. Bysubmitting property to TCT,
Customer acknowledges and agrees to these limitations and
acknowledges and agrees that TCT bases its price for the performance of
Work on the existence and enforceability of such limitations.
6. Shipping. TCT will at Customer's reasonable request act as a
shipping agent for the return ofCustomer's property after perfonning the
Work. As Customer's agent, TCT will contract for common carrier
delivery as requested in wtiting by Customer. Under no conditions will
TCT have any liability for -any item so shipped, insurancewill be
purchased for common carrier shipping only when requested in writing
• by Customer and when declared value is indicated, and the failure of
TCT to purchase insurance shall not result in any liability on the part of
TCT. Customer may be billed directly by commercial carriers for freight
and Customer shall make all claims for property damaged in transit
directly and solely against such freight carriers.
/ 1
J
7. Title; Security Agreement Title to Customer's property and all risk
of loss or damage to such property shall remain with Customer at all
times. Customer hereby grants to TCT a security interest in all of
Custorner's property provided to TCC for testing or otherservices under
the Contract to secure the payment of the purchase price for the Work and
other fees or charges due TCT hereunder. Customer will not -be entitled to
the return of idy,
is prnpe, and after such return shall not be entitled to
transfer or encumber the property upon which Work is performed, until all
sutras due and ow i ng to TCT have been paid. Customer shall execute and
deliver any financing statements or other documents that TCT reasonably
requests for the,perfection ofTCT's security interest in Customer's
property and Customer shall do all other acts necessary for the perfection
and preservation of this security interest.
8. Customer's Remedies. The sole andexclusive remedy of Customer
and its customers, agents and otheraffrliates in respect ofany claim
against TCT based on or relating to any claimed defect in the Work or
otherwise relating to the Work, the Contract, or these Terms and
Conditions, whether such claim is based upon contract, tore professional
errors or omissions, strict liability or negligence, and whether such claim
is for property damage, personal injury, commercial loss or other
monetary loss, shall be (i) upon the retum, restoration, or replacement by
Customer ofCustomer's property upon which the Work was performed,
the re-perfonmaoce of any defective portion of the Work, or (ii) at TCT's
option, a refund or credit to Customer in the amount of the price paid for
the defective portion of the Work Customer's remedies hereunder shall
only be available if (i) TCT has been paid in full for the Work pursuant to
paragraph 3 above; (ii) TCT is notified in detail, in writing, ofthe claimed
defect or other claim within twenty days of Customer's discovery thereof
arm within ninety days after the completion of the Work; and (iii) TCT is
permitted to inspect any and all property with respect to which the Work
is claimed to have been defective or to which Customer's claim otherwise
relates.
EXCEPT AS SPECIFICALLY SET FORTH IN THIS SECTION 8,
TCT SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE
DIRECTLY OR INDIRECTLY ARISING FROM ITS
PERFORIYIANCE OF THE WORK, INCLUDING WITHOUT
LIMITATION ANY DAMAGE TO CUSTOMER'S PROPERTY.
TCTSHALL IN NO EVENT BE LIABLE FOR ANY LOSS OR
DAMAGE ARISING'FROM THE USE OF PROPERTY UPON
WHICH THE WORMS PERFOI;MED OR ANY SIMILAR
PROPERTY OR FOR ANY SPECIAL, INCIDENTAL, OR
CONSEQUENTIAL DAMAGES WRATSOEVER. IN NO EVENT
SHALL TCT BE LIABLE FOR ANY DAMAGES ABOVE THE
COST OF THE WORK, WIIETHER SUCH DAMAGES SHALL
ARISE FROM BREACH -OF THIS CONTRACT, OR IN TORT, OR
OTHERWISE.
9. Cancellations. A purchase order or other Contract for Work once
placed with and accepted by TCT can be cancelled, in whole or in part,
only with the written consent o f TGT. If Customer cancels without TCT's
consent, Customer shall be liable for the full price of the Work, less any
actual third party expenses saved by TCT in not having to perform the
Work, as reasonably determined by TCT in its sole discretion.
10- Court and Other Proceedings_ The nature ofTCT's services will,
from time to time, require employees of TCT to present the results of
TCT's findings in depositions, court proceedings or other forums. In
such cases, the Customer will be charged, in addition to the agreed upon
price for the Work. TCT's usual and customary costs and fees for such
presentat ions and the preparation thereof according to TCT's then -
current fee schedule. If TCT is subpoenaed by a party other than
Customer, the total costs and fees associated with the preparation and
testimony will be charged to the Customer, irrespective of whether
COMPANY DATM41 RTCRMS & CONDrr[ONS TCT.DOC
payment has previously been [Wade on the Work and Customer's file is
closed. TCT will at Customers written request attempt to have these
costs and fees reimbursed by the patty issuing the subpoena; however, if
such party does not reimburse TCT, such costs and fees will be the
responsibility of Customer. Customer agrees to pay any such costs and
fees, irrespective of whether it is anticipated at the time of the Contract
thatTCT will be called upon to present the results of its findings in
depositions, court proceedings or other forums.
11. Force Majeure. The parties hereto shall be excused from the duty
to render timely performance of Illy obligation hereunder if such inability
to perform is caused directly or indirectly by act of", flood, war, riot,
accident, explosion, strikes or labor trouble, act of govcmment, delay or
default by subcontractor or supplier ofmaterials or services, the existence
of any circumstance making performance commercially impracticable or
any other cause beyond the party's reasonable control; provided, however,
that the obligation to make payments due under this agreement shall not
be excused for any reason, including the foregoing.
12. Walver of compliance. Waiver by either party hereto of a breach
by the other party of any of the provisions of these terns and conditions
shall not be deemed a waiver of future compliance therewith, and such
provisions shall retrain in full force and effect.
I3. Severability. If any provision or remedy herein provided for be
invalid under any applicable law, the remaining provisions hereof,
including remaining default remedies, shall be given effect in accordance
with the intent hereof.
14. Governtng Law. This agreement shall be governed by and
construed under the laws of the Slate of North Carolina and the United
States o f America.
I5. Arbitratiort. Any controversy or claim atising out of or relating to
this agreement, er any breach thereof, shall be settled by arbitration in
accordance with the Rutes o€the American Arbitration Association, and
judgment upon the award tendered by the Arbitrator(s) may be entered in
any court having jurisdiction thereof, The situs of said arbitration shall be
Charlotte, North Carolina. Any demand for arbitration by either party
hereunder must be delivered in writing to the other party.
16. Export Control Laws and Regulations. All parties shall comply.
with all export control laws and regulations (including, but not limited
to, the U.S. Export Administration Regulations and the U.S.
International Traffic in Arms Regulations) to the extent applicable to de
Parties' respective activities under this Agreement. The Receiving Party
shall control access to any technical data disclosed under this Agreanent
in accordance with all U.S. export laws and'regulalions including,
without limitation, confining thhdisclosure ofanysuch technical data to
U.S. prions unless disclosure to fgreign persons is specifically
authorized and appropriately licensed by the proper U.S. government
agency. The Receiving Party shall limit dissemination of technical data
to its employees who have need to know as it relates to the Purpose of
this Agreement and who have agreed to abide by the Export Control
provisions contained herein, and who are U.S. citizens or permanent
resident Aliens (or who are otherwise authorized to receive such
Information pursuant to this Agreement and U.S. Export laws). The
Receiving Party shall exercise the same care to protect any and all
technical data embodying or setting forth all or part of the technical data
as it uses to protect its own technical data, but in no case less than
reasonable care to assure proper control and security ofsuch information
and documentation.
0 CITY OF HOPKINS
HENNEPIN COUNTY, MINNESOTA
RESOLUTION 2011-047
RESOLUTION ORDERING THE PREPARATION OF A FEASIBILITY REPORT
FOR YEAR 2012 STREET AND UTILITY IMPROVEMENTS
WHEREAS, the following streets are in need of reconstruction: Minnetonka Mills Road
between 5th and 12th Avenues North; Gethsemane Road; 3`d Street North between 8th and 11th
Avenues North; 4h Street North between 10th and 11 th Avenues North; 8th Avenue North between
1St and 2nd Streets North; 9th Avenue North between Minnetonka Mills Road and 3`d Street North;
the alley between 5th and 6th Avenues north and 2nd and 3`d Streets North; and the alley between
81h and 9th Avenues South just south of Mainstreet; and
WHEREAS, City staff is requesting that these streets be upgraded under the City's
assessment policy even though no petition for the upgrade has been submitted; and
WHEREAS, the first step in the assessment procedure is the ordering of a feasibility
report.
• NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Hopkins,
Minnesota, that the proposed improvements be referred to the firm Bolton and Menk, Inc. for
study and that they be instructed to report to the Council with all convenient speed advising the
Council in a preliminary way as to whether the proposed improvement is necessary, cost-
effective, and feasible and as to whether it should best be made as proposed or in connection
with some other improvement, and the estimated cost of the improvement as recommended.
Adopted by the City Council of the City of Hopkins, Minnesota, this 6th day of September, 2011.
ATTEST:
Terry Obermaier, City Clerk
0
Eugene J. Maxwell, Mayor