HomeMy WebLinkAboutCity Council Packet_3-22-17CITY OF FALCON HEIGHTS
Regular Meeting of the City Council
City Hall
2077 West Larpenteur Avenue
AGENDA
March 22, 2017 at 7:00 P.M.
A. CALL TO ORDER:
B. ROLL CALL: LINDSTROM ___ HARRIS ____ BROWN THUNDER ___
FISCHER ___ GUSTAFSON___
STAFF PRESENT: THONGVANH____
C. PRESENTATIONS:
1. Como Park Falcon Heights Living-At-Home Block Nurse Program
D. APPROVAL OF MINUTES:
1. March 8, 2017 City Council Meeting Minutes
E. PUBLIC HEARINGS:
F. CONSENT AGENDA:
1. General Disbursements through: 3/16/17 $79,721.71
Payroll through: 3/15/17 $18,697.56
2. MN Association of Volunteer Administration “Building Inclusive Civic Community
Engagement” Grant Application
3. Appointment of Katie Kohn to the Community Engagement Commission
4. Appointment of Stacey Tidball to the Community Engagement Commission
5. Increase for Administrative Coordinator Katie Thrasher
G: POLICY ITEMS:
1. Accept Bid for 2017 Pavement Management Project
2. Agreement with American Engineering and Testing for 2017 Pavement Management
Project
H. INFORMATION/ANNOUNCEMENTS:
1. Weekly Police Reports – Can Now Be Found At:
http://www.falconheights.org/index.asp?SEC=75B3E8BB-785B-4048-B543-
995BAE0716A5&Type=B_BASIC
I. COMMUNITY FORUM:
J. ADJOURNMENT:
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CITY OF FALCON HEIGHTS
Regular Meeting of the City Council
City Hall
2077 West Larpenteur Avenue
MINUTES
March 8, 2017 at 7:00 P.M.
A. CALL TO ORDER: 7:00 pm
B. ROLL CALL: LINDSTROM _X__ HARRIS __X__ BROWN THUNDER _X__
FISCHER _X__ GUSTAFSON_X__
STAFF PRESENT: THONGVANH_X___
FREIHAMMER_X___
C. PRESENTATIONS:
D. APPROVAL OF MINUTES:
1. February 22, 2017 City Council Meeting Minutes Approved
E. PUBLIC HEARINGS:
F. CONSENT AGENDA:
1. General Disbursements through: 2/28/17 $102,301.58
Payroll through: 2/28/17 $19,143.88
2. Fire Department Grant-Urban Area Security Initiative
Council Member Harris Moved, Approved 5-0
G: POLICY ITEMS:
1. ADA Transition Plan for Facilities within the Public Right-of-Way
Jesse Freihammer, City Engineer, presented that this is a document of how the city would deal
with ADA issues in the public right-of-way. This applies to curb ramps if updates are
happening. When a street project is done, at that time curb ramps will be updated as well. Curb
ramps would also be updated if there was a special request submitted. He would request
Council to authorize the creation of this plan. This likely will be a requirement in two to three
years for eligibility for federal funding. Municipal State Aid would likely follow suit in
requiring it.
City Administrator Thongvanh stated that the city has roads in its jurisdiction that require
Municipal State Aid. The city is fortunate to have been deemed a certified state aid community.
This means the city has the ability to use state aid funding for non-state aid roads. That is why
the city is able to use these funds to offset costs for a pavement management project.
Council Member Gustafson Moved, Approved 5-0
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H. INFORMATION/ANNOUNCEMENTS:
Council Member Fischer:
The Community Engagement Commission met last week. Next week he and Council Member
Harris will be attending the Tri-City Work Group.
Council Member Harris:
The Tri-City Work Group will have their third meeting next week and it will be at Falcon
Heights City Hall.
Council Member Brown Thunder:
NYFS Leadership Luncheon is happening on May 3 at 11:30am-1pm.
Council Member Gustafson:
• The second Community Conversation happened on Thursday, March 2. Thanks to
Falcon Heights United Church for providing the space. Nearly 100 people came together
for this session. The Community Conversation information can be found on the front
page of the city website. During the course of the next two Task Force meetings, they
will be working to put together a draft document of specific actions and
recommendations to be made to the Council. These draft recommendations will be the
focus of the third Community Conversation on Monday, April 3 from 6:30-8:30pm at
Falcon Heights United Church. The Task Force is hoping to have childcare available for
that meeting. People are welcome to attend and observe the Task Force meetings first
hand. The next two meetings are on Tuesday, March 14 and Tuesday, March 21 from
7:15-9:30pm at City Hall. He acknowledges those who want to see immediate action and
those who are helping the community work towards action with a longer-term solution.
• The Parks and Recreation Commission is waiting for the decisions on the two grant
applications that were submitted: history signage at Curtiss and pianos in the park. The
summer programming guide is being distributed this week with the newsletter, and
program registration will open on Tuesday, March 21 online and in person. The Ice
Cream Social will be held on Thursday, July 20. Additionally, the Parks Commission is
looking to co-host an event with the Community Engagement Commission sometime in
May or June. They are working on the details for that event. The next Parks meeting will
be Monday, April 10.
City Administrator Thongvanh:
• In regards to the Community Engagement Commission applicants, there were four total
applicants and two openings. Recommendations have been passed to Mayor Lindstrom.
After those two seats are filled, all Commissions will be full.
• Summer program jobs will be posted in the near future.
• On Monday, March 13, MnDot and Ramsey County will be hosting an open house for
the Hwy 51/Snelling Avenue project from 5-7pm.
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Mayor Lindstrom:
He would like to thank everyone who has shown up for the two Community Conversations so
far. He looks forward to the next three. The same goes to those who have shown up for the Task
Force meetings.
I. COMMUNITY FORUM:
Sarah Chambers- 2170 Folwell Ave:
She wanted to follow up on two of the policing issues in the community. When should they be
expecting to see the police reports from the St. Anthony Police included in the Council Packets?
City Administrator Thongvanh:
Right now, the website page is under construction, but he is looking to make all of those reports
accessible online in the upcoming week.
Sarah Chambers- 2170 Folwell Ave:
Will this be an agenda item periodically for the Council?
Mayor Lindstrom:
For the sake of transparency, he wants to make those reports available online to provide a better
format than having them in a Council packet.
Sarah Chambers- 2170 Folwell Ave:
In terms of the Task Force Community Conversations, it seems that the status quo is not what is
emerging as the consensus opinion. She would encourage the Council to not wait to start the
process of ending the contract and beginning to review presentations from Police Departments
in order to provide ample time to decide what the city wants in these services.
J. ADJOURNMENT: 7:19 pm
_____________________________ Peter Lindstrom, Mayor
Dated this 8th day of March, 2017
__________________________________ Sack Thongvanh, City Administrator
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REQUEST FOR COUNCIL ACTION
Families, Fields and Fair __________________________
The City That Soars!
Item General Disbursements and Payroll
Description
General Disbursements through: 3/16/17 $79,721.71
Payroll through: 3/15/17 $18,697.56
Budget Impact The general disbursements and payroll are consistent with the budget.
Attachment(s) • General Disbursements and Payroll
Action(s)
Requested
Staff recommends that the Falcon Heights City Council approve general
disbursements and payroll.
Meeting Date March 22, 2017
Agenda Item Consent F1
Attachment General Disbursements and Payroll
Submitted By Roland Olson, Finance Director
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REQUEST FOR COUNCIL ACTION
Families, Fields and Fair __________________________
The City That Soars!
Description Minnesota Association for Volunteer Administration “Building Inclusive Civic
Community Engagement” Grant Application
Background
The City of Falcon Heights regularly explores grant funding opportunities to
enhance outreach and civic engagement. The Community Engagement Commission
and Parks and Recreation Commission seek to conduct community outreach and
engagement by co-hosting an event. This event would seek to increase inclusive,
civic community engagement and volunteerism. The grant application is through
the Minnesota Association for Volunteer Administration (MAVA).
MAVA was awarded a St. Paul Foundation grant to convene conversations with
stakeholders interested in building new strategies to engage diverse populations in
local government volunteer programs and initiatives. In turn, MAVA will capture
and share what is learned, develop a curriculum, and train cities and counties
throughout the state to grow inclusive, civic community involvement. Cities and
counties must be located in Dakota, Ramsey or Washington County to be eligible.
If grant funding is secured, Falcon Heights would proceed with planning a
community outreach event in spring/summer of 2017 with the intent of convening
residents, elected officials, current volunteers, and city staff. This event would also
seek to improve inclusiveness in civic engagement by providing resources to
attendees and informing attendees of volunteer opportunities.
Budget Impact The total grant award is $2,500. Staff time would need to be utilized, but may be
budgeted in the grant, to:
• Participate in three phone meetings with other cohort sites
• Submit at least three documents to be used in the MAVA inclusive volunteer
program
• Contribute to or attend a community training event on inclusive civic
volunteerism in fall of 2017
• Submit a brief grant end report
• Do a brief pre and post assessment of volunteer engagement
Attachment(s) • Grant Application
Meeting Date March 22, 2017
Agenda Item Consent F2
Attachment Grant Application to Minnesota Association
for Volunteer Administration
Submitted By Katie Thrasher – Administrative
Coordinator
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Action(s)
Requested
Staff recommends that the Falcon Heights City Council approve the Minnesota
Association for Volunteer Administration Grant Application, accept the grant if
awarded and authorize the Mayor and City Administrator to sign all related
documents.
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The Minnesota Association for Volunteer Administration (MAVA) is excited to issue a Request
for Proposal for East Metro cities, counties or culturally specific organizations to propose
innovative projects that will increase engagement from diverse and immigrant communities in
local government volunteer initiatives or programs. Staff from selected entities will make up a cohort group to share challenges, opportunities and successes between May and November of 2017. This initiative is funded by a grant from the St. Paul Foundation. Eligibility
Cities and counties must be located in Dakota, Ramsey or Washington County.
Culturally specific organizations must have a service geography that includes the East Metro area of the Twin Cities, but office location may be outside this area. Benefits of Participating
Receive a $2,500 grant.
Gain peer support from other cities/counties/organizations working to increase inclusive civic community engagement and volunteerism.
Have opportunity for up to two staff to attend the MAVA Volunteer Impact Leadership
Training Series or other workshops MAVA offers during the grant period at no cost.
Receive up to four hours of MAVA consulting time for your volunteer program.
Contribute to developing new and innovative strategies for engagement of diverse and immigrant volunteers by city and county governments.
Gain visibility for your city/county/organization for innovations in inclusive engagement of volunteers. Timeline
RFP released: March 1, 2017
Proposal due: Friday March 31st at 4 pm
Notification of awards: April 17th, 2017
Grants starts: May 1, 2017
Grants wrap up: November 3, 2017
Grant reports due: November 30, 2017 Initiative Description
The Minnesota Association for Volunteer Administration (MAVA) was awarded a St. Paul Foundation grant to convene conversations with partners, cities, volunteer managers, culturally-specific organizations, volunteers, and citizens interested in building new strategies to engage a diverse
population in local government volunteer programs and initiatives. MAVA will capture and share what’s learned, develop a curriculum, and train cities and counties throughout the state to grow inclusive civic community involvement.
Request for Proposals from East Metro Cities and Counties
and Culturally Specific Organizations
Small Grants for Building Inclusive Civic Community Engagement
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The goal of offering these grants is to provide an incentive to move forward in building culturally-inclusive civic community engagement programs, and document lessons learned to share with cities, counties and nonprofit organizations throughout the state. Both local governments and culturally-specific nonprofit organizations or programs are welcome to apply. Lessons learned from the grant recipients will be shared with staff, elected officials and diverse organizations throughout the state. The aim of the $2,500 grants is to encourage new attempts at creative solutions in attracting and engaging more diverse civic volunteers. The grants are not intended to fully fund a new volunteer program or initiative, but rather to assist with taking tangible steps toward inclusive civic engagement.
Examples of activities that might take place through this initiative include, but are not limited to, the following:
Planning and implementing a community event that brings together immigrant or diverse communities and representatives from the city or county.
Determining an issue in which the city/county and a diverse community’s interests meet and organizing a collaboration around this issue. (For example, culturally inclusive youth sport
leagues or building relationships with local police.)
A media or community campaign to build understanding of the concept of volunteerism, particularly within immigrant communities that may not be familiar with the idea.
Training for staff in areas such as cultural competency or best practices in volunteer management.
Language translation services – either professional or via stipend for student/intern or community member – to make materials and/or events more accessible.
T-shirts or other giveaways to make volunteerism more visible in immigrant and diverse communities.
Internal assessment of organizational readiness for working with diverse populations.
Staff from selected cities/counties/organizations will work independently and will have the opportunity to share experiences, present ideas, share progress and resources and gain support with fellow cohort members. Grant recipients will be asked to document the process used to develop inclusive civic engagement, i.e., what worked and what did not work. MAVA is looking for insight into what it takes to build an inclusive civic volunteer program that is successful. Grant recipients will be asked to share at least three working documents from their initiative that staff from other programs
might find useful. The cities and organizations accepted will be expected to:
Submit a brief work plan for inclusive civic community involvement by May 19, 2017. (An update on the work plan submitted in the proposal).
Participate in three phone meetings with other cohort sites to share progress and learn from each other.
Submit at least three documents used in the inclusive volunteer program with permission for MAVA to share those with others by November 3, 2017 (or earlier).
Contribute to and/or attend a community training event on inclusive civic volunteerism on a TBD date in the fall of 2017.
Submit a brief grant end report by November 30, 2017. This report would include progress on the work plan, lessons learned during grant period, and results of a brief survey given to
a small group of volunteers involved in your work.
Do a brief pre and post assessment of volunteer engagement.
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Application Process Submit by March 31, 2017 at 4pm: a. Complete a two to three page proposal addressing the questions listed on Page 4 of this document. b. At least one letter of support from appropriate city, county or organizational leadership to work together on grant activities. The preferred form of submission is to combine the two documents into one pdf that is e-mailed to ljoyslin@mavanetwork.org. We may request additional documents and/or may conduct phone interviews with finalists. Address questions to Lisa Joyslin, MAVA Project Manager, at ljoyslin@mavanetwork.org. More information is available at: www.mavanetwork.org/cities Criteria for selection 1. The proposal is submitted by either 1. A city or county in Ramsey, Dakota or Washington
County, Minnesota or 2. A culturally-specific organization that serves Ramsey, Dakota and/or Washington Counties in Minnesota. 2. Proposal submission has support from appropriate city, county or organizational leadership
to work together on grant activities. 3. Alignment of the proposal with the RFP goal of building capacity for increased community engagement from diverse and immigrant communities in local government programs. 4. The potential of the proposal to provide resources and lessons learned that would be useful for other Minnesota cities, counties and nonprofit organizations. 5. The potential for success of your proposal. 6. Clear work plan that fits with RFP, is well thought-out and realistic. 7. Clear, realistic budget that fits with RFP.
8. Agreement to participate in trainings, sharing sessions with other cohort sites and to share documents and lessons learned with MAVA.
About the Minnesota Association for Volunteer Administration
The Minnesota Association for Volunteer Administration (MAVA) was founded as a 501(c)3 in 2001. MAVA is an alliance of individuals and networks dedicated to providing support and resources to those who lead volunteers. MAVA (www.mavanetwork.org) unites administrators of structured volunteer programs and informal volunteer initiatives, as well as those who have an interest in promoting volunteerism across the state. MAVA members represent all sectors of society including faith communities, health care, social service, education, government, grassroots organizations and more.
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Proposal - Please briefly address the following questions in two to three pages
Date: City/County/Organization: Address:
Contact person for proposal: E-mail address: Phone: Name and job title of person who would be leader of grant:
Does your city/county/organization currently involve volunteers? Volunteers include any unpaid community members who work on behalf of your city/county/organization, whether they would self-identify as a “volunteer” or simply as a “friend” or “supporter” of the cause. If yes, briefly describe how volunteers are involved: a. Number of active volunteers in 2016: b. Roles volunteers are involved in: c. Departments that regularly engage volunteers (if applicable): d. Briefly, what successes and challenges has the organization had in engaging volunteers? e. Do you have dedicated staff time for the volunteer program? Please describe why you are interested in being part of this project and why it would be beneficial to the city/county/organization to participate. Indicate your work plan for the proposal in the format of:
Goal(s) - One or more goals you aim to accomplish in the next year to build capacity for inclusive civic volunteerism
Activities - Specific activities to accomplish the goal
Outcomes - Measureable outcomes you will accomplish
What is your long term aim for building an inclusive civic community engagement program and how does that relate to city/county/organizational goals? What tangible document do you expect to be able to offer to MAVA to assist others?
Please indicate specific documents you will develop to share, or currently have to share, such as an inclusive
volunteer policy/statement, event plans or fliers, training handouts, sample media materials, etc. What are your plans to sustain inclusive civic community engagement after the grant period? What is your budget for the $2,500 grant? Please indicate the line item expenditures for the grant.
The funding can be used for staff time or other expenses necessary for your plans for volunteer engagement. Do you agree to: Participate in 3 sharing phone calls (1 to 1.5 hrs. in length): __yes __no
Share at least 3 documents: __yes __no Do pre and post assessment of volunteer engagement: __yes __no Is letter of support from appropriate leadership attached? __yes __no Name of person filling out the proposal:
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REQUEST FOR COUNCIL ACTION
Families, Fields and Fair __________________________
The City That Soars!
Item Appointment of Katie Kohn to the Community Engagement Commission
Description
City Staff and Commission Chair interviewed four candidates for two open
positions for the Community Engagement Commission. Ms. Kohn was
forwarded to Mayor Lindstrom for final recommendation to the City Council.
Budget Impact N/A
Attachment(s) • Resolution 17-10 Appointment of Katie Kohn to the Community
Engagement Commission
• Candidate’s Application
Action(s) Requested Staff would recommend approval of attached resolution appointing Katie
Kohn to the Community Engagement Commission.
Meeting Date March 22, 2107
Agenda Item Consent F3
Attachment Resolution & Application
Submitted By Sack Thongvanh, City Administrator
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Date: February 16, 2017
Name: Katie Kohn
Street Address: 1929 Summer St
City, State, Zip Code: Falcon Heights MN 55113
How Long at Above Address?:
4 years
In Which Capacity Would You Like to Serve?:
I would like to serve in the capacity of Resident Volunteer on the Community Engagement Commission.
What is the Reason You Would Like to Serve?:
There are a few reasons for which I would like to serve on this Commission. First, I am a relatively new
homeowner in Falcon Heights. It is important to me to contribute to the growth and vitality of the city
and deepen my connections with other residents.
I have also been civically engaged within the City of Minneapolis throughout my career in a non-profit
setting. I would now like to harness this experience and impact the community in which I live.
List Prior (Previous) Public Service: I have not formally engaged in other public service opportunities.
Other Relevant Background (Other Comments):
I have worked in a community based non profit organization for over 10 years.
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CITY OF FALCON HEIGHTS COUNCIL RESOLUTION March 22, 2017
No. 17-10 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -- - - - -
RESOLUTION APPOINTING KATIE KOHN TO THE COMMUNITY ENGAGEMENT COMMISSION WHEREAS, the City Council consolidated the Human Rights Commission with the Neighborhood Commission to establish the Community Engagement Commission in 2015; WHEREAS, The community engagement commission shall serve in an advisory capacity to the city council regarding the effective, meaningful and equal involvement of Falcon Heights residents in their community. The commission will identify opportunities to collaborate with community, educational,
business and social services groups and organizations; identify ways to improve the city’s public participation, identify under-represented groups, remove any barriers, and engage and promote increased participation for all residents, businesses, community and neighborhood organizations; review and
recommend ways to improve the city’s communications efforts so as to facilitate effective two-way communication between the city and all residents, businesses, community and neighborhood organizations; review and recommend ways to help improve resident emergency preparedness and crime
prevention programs. The commission shall review complaints of alleged human rights violations occurring within the city and secure equal opportunity for all residents of the city regarding public services, public accommodations, housing, employment and education. WHEREAS, City Staff, Commission Chair and the Mayor has interviewed Katie Kohn and recommends appointment to the Falcon Heights Community Engagement Commission. NOW THEREFORE BE IT RESOLVED by the City Council of the City of Falcon Heights, Minnesota: 1. That the appointment is approved and adopted by the City Council of the City of Falcon Heights.
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Peter Lindstrom Mayor
LINDSTROM ____ In Favor Attested by: ________________________
BROWN THUNDER Sack Thongvanh HARRIS ____ Against City Administrator GUSTAFSON FISCHER
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REQUEST FOR COUNCIL ACTION
Families, Fields and Fair __________________________
The City That Soars!
Item Appointment of Stacey Tidball to the Community Engagement Commission
Description
City Staff and Commission Chair interviewed four candidates for two open
positions for the Community Engagement Commission. Ms. Tidball was
forwarded to Mayor Lindstrom for final recommendation to the City Council.
Budget Impact N/A
Attachment(s) • Resolution 17-11 Appointment of Stacey Tidball to the Community
Engagement Commission
• Candidate’s Application
Action(s) Requested Staff would recommend approval of attached resolution appointing Stacey
Tidball to the Community Engagement Commission.
Meeting Date March 22, 2107
Agenda Item Consent F4
Attachment Resolution & Application
Submitted By Sack Thongvanh, City Administrator
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Date: January 21, 2017
Name: Stacey Tidball
Street Address: 1791 Holton St.
City, State, Zip Code: Falcon Heights MN 55113
How Long at Above Address?:
2.5 years
In Which Capacity Would You Like to Serve?:
Community Engagement Commission or Planning Commission What is the Reason You Would Like to
Serve?: I am interested in becoming more involved in my local government and community. I feel like I
have valuable skills that I can offer.
List Prior (Previous) Public Service:
Volunteer commitments through church and Falcon Heights Elementary school. I have worked in non-
profit and higher education most of my career.
Other Relevant Background (Other Comments):
I am a lawyer by background and work for the University of Minnesota on policy and legal compliance. I
am an engaged citizen and hope to serve. Thank you in advance.
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CITY OF FALCON HEIGHTS COUNCIL RESOLUTION March 22, 2017
No. 17-11 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -- - - - -
RESOLUTION APPOINTING STACEY TIDBALL TO THE COMMUNITY ENGAGEMENT COMMISSION WHEREAS, the City Council consolidated the Human Rights Commission with the Neighborhood Commission to establish the Community Engagement Commission in 2015; WHEREAS, The community engagement commission shall serve in an advisory capacity to the city council regarding the effective, meaningful and equal involvement of Falcon Heights residents in their community. The commission will identify opportunities to collaborate with community, educational,
business and social services groups and organizations; identify ways to improve the city’s public participation, identify under-represented groups, remove any barriers, and engage and promote increased participation for all residents, businesses, community and neighborhood organizations; review and
recommend ways to improve the city’s communications efforts so as to facilitate effective two-way communication between the city and all residents, businesses, community and neighborhood organizations; review and recommend ways to help improve resident emergency preparedness and crime
prevention programs. The commission shall review complaints of alleged human rights violations occurring within the city and secure equal opportunity for all residents of the city regarding public services, public accommodations, housing, employment and education. WHEREAS, City Staff, Commission Chair and the Mayor has interviewed Stacey Tidball and recommends appointment to the Falcon Heights Community Engagement Commission. NOW THEREFORE BE IT RESOLVED by the City Council of the City of Falcon Heights, Minnesota: 1. That the appointment is approved and adopted by the City Council of the City of Falcon Heights.
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Peter Lindstrom Mayor
LINDSTROM ____ In Favor Attested by: ________________________
BROWN THUNDER Sack Thongvanh HARRIS ____ Against City Administrator GUSTAFSON FISCHER
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REQUEST FOR COUNCIL ACTION
Families, Fields and Fair __________________________
The City That Soars!
Item Increase for Administrative Coordinator Katie Thrasher
Description I propose an increase to Administrative Coordinator Katie Thrasher from $42,
607 to $47,607. The Personnel Committee that consists of Mayor Peter
Lindstrom, Council Member Harris and City Administrator Sack Thongvanh
has review the proposed increase.
Ms. Thrasher’s job description, qualifications, and a review of similar positions
through the review of the League of MN Salary Survey. Base on this analysis,
warranted an increase. The increase is supported by the Personnel Committee.
Budget Impact
Attachment(s)
Action(s) Requested The Personnel Committee would recommend approval of the proposed
increase for Administrative Coordinator Katie Thrasher from $42,607 to
$47,607 effective March 22, 2017.
Meeting Date March 22, 2107
Agenda Item Consent F5
Attachment N/A
Submitted By Sack Thongvanh, City Administrator
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REQUEST FOR COUNCIL ACTION
Families, Fields and Fair __________________________
The City That Soars!
Item Award Bids for the 2017 Pavement Management Project
Description
On January 11, 2017, the City Council approved the plans and specifications for the
2017 Pavement Management Project (PMP) and ordered advertisement for bids. The
following streets are a part of the revised 2017 PMP.
◦ Folwell Ave, from Fulham St to Hoyt Ave
◦ Vincent St, from Hoyt Ave to Folwell Ave
◦ Northrup Ave, from Hoyt Ave to Folwell Ave
◦ Burton St, from Hoyt Ave to Folwell Ave
◦ Coffman St, From Hoyt Ave to Larpenteur Ave
Bids were solicited in January and February. The bids were opened on Thursday,
March 2, 2017. Six (6) qualified bids were received for this year’s pavement project.
The following is a summary of the bids received for this project:
Contractor Base Bid Alternate 1 Alternate 2 Base Bid + Alt. 1 Base Bid + Alt. 2
Valley Paving, Inc.1,371,442.76$ 43,373.63$ 53,757.99$ 1,414,816.39$ 1,425,200.75$
Hardrives, Inc.1,435,272.18$ 44,535.67$ 55,344.04$ 1,479,807.85$ 1,490,616.22$
T. A. Schifky & Sons,
Inc.1,478,643.22$ 42,400.28$ 53,186.88$ 1,521,043.50$ 1,531,830.10$
Northdale
Construction Co.1,521,985.14$ 32,064.57$ 47,778.80$ 1,554,049.71$ 1,569,763.94$
Park Construction Co.1,621,647.78$ 33,013.10$ 49,314.00$ 1,654,660.88$ 1,670,961.78$
C.S. McCrossan
Construction, Inc.1,871,072.50$ 46,381.00$ 50,015.00$ 1,917,453.50$ 1,921,087.50$
Engineers Estimate 1,694,974.00$ 38,607.50$ 39,980.00$ 1,733,581.50$ 1,734,954.00$
Two alternates were bid on the project. The first alternate was to open cut the storm
sewer pipe between 2121 Folwell and 2129 Folwell. The second alternate was to
directional bore a new pipe in lieu open cutting the pipe. The first alternate is the
better overall storm sewer solution as it replaces the existing pipe and has the best
storm sewer flow. The second alternate would have less impact to the two property
Meeting Date March 22, 2017
Agenda Item Policy G1
Attachments Resolution, Bid Tab
Submitted By Jesse Freihammer, City Engineer
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owners as an existing fence in the easement could be saved and so could one tree. An
existing pipe in this easement would still be in use and would likely need future
rehab using pipe lining.
Both alternates would meet the City’s needs. Since Valley Paving, Inc. is the low
bidder for both alternates Council could choose to award either bid.
Based on the lowest alternate being Alternate 1, staff is recommending Alternate 1 be
awarded.
For the 2017 Pavement Management Project, the lowest responsible bidder at the
tabulated price for Base Bid plus Alternate 1 requirements per the City Specifications
is Valley Paving, Inc., of Shakopee, Minnesota. Staff has reviewed the bid results and
recommends the contract be awarded to the lowest responsible bidder, Valley
Paving, Inc., for the Base Bid plus Alternate 1.
Budget
Impact
The low Base Bid plus Alternate 1 submitted by Valley Paving, Inc., $1,414,816.39 was
18.4% lower than the Engineer’s construction estimate of $1,733,581.50. (construction
costs only)
This project has the following financial implications for the city and property owners
along the streets being considered for construction:
• Assessments levied in accordance with the City’s assessment policy.
• Use of Municipal State Aid (MSA) and street infrastructure funds to pay the
City’s portion of the project.
• Expenditure of utility fund dollars to pay for repairs needed to the existing
utility system.
The following tables shows the estimated project costs based on the low bid and
proposed funding breakdown for the project.
Street 611,321.95$ 82,528.46$ 693,850.41$
Pathway 109,235.23$ 14,746.76$ 123,981.99$
Storm Sewer 149,028.76$ 20,118.88$ 169,147.64$
Sanitary Sewer 32,339.80$ 4,365.87$ 36,705.67$
Watermain 512,890.65$ 69,240.24$ 582,130.89$
Total 1,414,816.39$ 191,000.21$ 1,605,816.60$
Estimated Project Costs Based on Low Bid (Base + Alternate1)
Construction (Bid
Total)Engineering (13.5%)
Project Cost = Construction
+Engineering
Saint Paul Regional Water Services would pay for the watermain costs, which are
estimated to be $582,130.89 including engineering and testing. Overall City of Falcon
Heights Cost on the project is estimated to be $1,023,685.71.
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Street 693,850.41$ 200,000.00$ 199,383.85$ 291,409.95$
Pathway 123,981.99$ -$ 123,981.99$ -$
Storm Sewer 169,147.64$ -$ -$ -$
Sanitary Sewer 36,705.67$ -$ -$ -$
Watermain 582,130.89$ -$ -$ -$
Total 1,605,816.60$ 200,000.00$ 323,365.84$ 291,409.95$
Estimated Project Funding (Streets & Pathways) Based on Low Bid (Base + Alternate1)
Project Cost MSA Street Assessment
Street 693,850.41$ -$ -$ -$
Pathway 123,981.99$ -$ -$ -$
Storm Sewer 169,147.64$ 169,147.64$ -$ -$
Sanitary Sewer 36,705.67$ -$ 36,705.67$ -$
Watermain 582,130.89$ -$ -$ 582,130.89$
Total 1,605,816.60$ 169,147.64$ 36,705.67$ 582,130.89$
Estimated Project Funding (Utilities) Based on Low Bid (Base + Alternate1)
Storm Sewer Sanitary Sewer Water (SPRWS)Project Cost
A portion of the costs for the project are proposed to be assessed. The following table
compares the estimated assessment rates from the feasibility report to the assessment
rates calculated based on the low bid, with engineering costs estimated at 15%. The
final assessment rate will be calculated based on actual engineering costs. The
University of Minnesota, per state statute, is not subject to assessments. However,
they have agreed to make a voluntary payment in lieu of assessment in the amount of
$70,373.10 for the improvements on the project adjacent to University of Minnesota
property.
Per foot assessment rate Feasibility Report Low Bid
Commercial/Multi-Unit 42.00$ 42.00$
Residential 28.00$ 28.00$
This project is proposed to be completed by August 19, 2017 before the State Fair
begins. Final assessment amounts would be determined following an assessment
hearing in the Fall of 2017 and a review of the project costs and proposed assessments
by the City Council. The property owners can either pay the assessments in part or in
full in October 2017 or have them added to their property taxes with an interest rate
to be set by the City Council. The first installment of the assessment would be due in
Spring 2018.
Attachment(s) Resolution, Bid Tab
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Action(s)
Requested
Award bid for the 2017 Pavement Management Project to Valley Paving, Inc., of
Shakopee, Minnesota, in the amount of $1,414,816.39 for the Base Bid plus Alternate
1.
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1
CITY OF FALCON HEIGHTS COUNCIL RESOLUTION March 22, 2017
No. 17-12
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -- - - - - - - - - - - - - RESOLUTION AWARDING BID FOR THE 2017 PAVEMENT MANAGEMENT PROJECT WHEREAS, pursuant to advertisement for bids for the improvement of the 2017 Pavement Management Project, the proposed improvement of the following streets:
◦ Folwell Ave, from Fulham St to Hoyt Ave
◦ Vincent St, from Hoyt Ave to Folwell Ave
◦ Northrup Ave, from Hoyt Ave to Folwell Ave
◦ Burton St, from Hoyt Ave to Folwell Ave
◦ Coffman St, From Hoyt Ave to Larpenteur Ave
WHEREAS, bids were received on Thursday, March 2, 2017, at 2:00 p.m., opened, and
tabulated according to the law, and the following bids were received complying with the advertisement:
Contractor Base Bid Alternate 1 Alternate 2 Base Bid + Alt. 1 Base Bid + Alt. 2
Valley Paving, Inc.1,371,442.76$ 43,373.63$ 53,757.99$ 1,414,816.39$ 1,425,200.75$
Hardrives, Inc.1,435,272.18$ 44,535.67$ 55,344.04$ 1,479,807.85$ 1,490,616.22$
T. A. Schifky & Sons,
Inc.1,478,643.22$ 42,400.28$ 53,186.88$ 1,521,043.50$ 1,531,830.10$
Northdale
Construction Co., Inc.1,521,985.14$ 32,064.57$ 47,778.80$ 1,554,049.71$ 1,569,763.94$
Park Construction Co.1,621,647.78$ 33,013.10$ 49,314.00$ 1,654,660.88$ 1,670,961.78$
C.S. McCrossan
Construction, Inc.1,871,072.50$ 46,381.00$ 50,015.00$ 1,917,453.50$ 1,921,087.50$
Engineers Estimate 1,694,974.00$ 38,607.50$ 39,980.00$ 1,733,581.50$ 1,734,954.00$
WHEREAS, it appears that Valley Paving Inc., of Shakopee, Minnesota, is the lowest
responsible bidder at the tabulated price for Base Bid plus Alternate 1 of $1,414,816.39, and
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2
NOW THEREFORE BE IT RESOLVED by the Council of the City of Falcon Heights,
Minnesota: 1. The Mayor and City Administrator are hereby authorized and directed to enter into a
contract with Valley Paving Inc., of Shakopee, Minnesota, for $1,414,816.39 in the name
of the City of Falcon Heights for the above improvements according to the plans and
specifications thereof heretofore approved by the City Council and on file in the office of the City Administrator. 2. The City Administrator is hereby authorized and directed to return forthwith to all bidders the deposits made with their bids, except that the deposits of the successful bidder
and the next lowest bidder shall be retained until contracts have been signed.
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
Moved by: Approved by: ________________________ Peter Lindstrom
Mayor
LINDSTROM ____ In Favor Attested by: ________________________ BROWN THUNDER Sack Thongvanh
HARRIS ____ Against City Administrator
GUSTAFSON FISCHER
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REQUEST FOR COUNCIL ACTION
Families, Fields and Fair __________________________
The City That Soars!
Item Approve Entering into an Agreement with American Engineering and Testing for
the 2017 Pavement Management Project
Description
As part of the 2017 Pavement Management Project, engineering services for testing
of materials and compaction testing are required. This is required since Municipal
State Aid Funds are being used and is good practice to make sure the contractor is
meeting the specifications of the project.
The City of Falcon Heights has used American Engineering and Testing (AET) in
the past in they are familiar with the City’s needs. They have prepared an estimate
for testing services based on the scope of the project and the requirements made by
State Aid.
Budget Impact The Agreement is a time and materials agreement based on the amount of testing
needed. Based on the project scope the estimated testing costs will be approximately
$16,403. Approximately one-third of this cost is testing needed for the watermain
installation. Per the City’s agreement with Saint Paul Regional Water Services
(SPRWS), the City can pass these costs onto SPRWS. City costs would likely be
between $10,000 and $11,000. These costs are included in the overall project
estimate.
Attachment(s) • Agreement
Action(s)
Requested
Approve Entering into an Agreement with American Engineering and Testing for
the 2017 Pavement Management Project.
Meeting Date March 22, 2017
Agenda Item Policy G2
Attachments AET Agreement
Submitted By Jesse Freihammer, City Engineer
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BLANK PAGE
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550 Cleveland Avenue North St. Paul, MN 55114
Phone 651-659-9001 Toll Free 800-972-6364 Fax 651-659-1379 www.amengtest.com AA/EEO
This document shall not be reproduced, except in full, without written approval from American Engineering Testing, Inc.
CONSULTANTS
ENVIRONMENTAL
GEOTECHNICAL
MATERIALS FORENSICS
March 7, 2017 City of Roseville
Engineering Department 2660 Civic Center Drive Roseville, MN 55113 Attn: Mr. Jesse Freihammer
RE: Proposal for Construction and Materials Testing Falcon Heights 2017 PMP SAP 124-050-011
City of Roseville Project 17-07
Falcon Heights, Minnesota AET Proposal No. 20-15315 Dear Mr. Freihammer:
Thank you for the opportunity to provide a proposal to perform testing services on the referenced
project. American Engineering Testing, Inc., (AET) is pleased to provide this proposal which
presents our anticipated scope of services, our unit rates, and an estimated total cost to perform these services.
Project Information We understand the City of Roseville will be performing a reconstruction project of Coffman Street, Folwell Avenue, Vincent Street, Northrup Avenue, Burton Street, and a section of pathway along Roselawn Avenue. We have reviewed the plans and specifications for the project. We understand the project will include the following:
Full depth reclamation
Installation of watermain and storm sewer
Grading of existing gravel surface and placement of aggregate base
Construction of new bituminous roadway.
Construction of new concrete curb & gutter
Construction of new concrete sidewalks and driveway aprons
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City of Roseville March 7, 2017
Falcon Heights 2017 PMP AET Proposal No. 20-15315 Page 2 of 5 Project Approach
During the construction improvements, AET will provide experienced, Mn/DOT certified
Engineering Technicians to perform sampling and material testing services in accordance to the
2016 Mn/DOT Schedule of Materials Control. For this project, Mr. Doug Trangsrud will be AET’s Project Manager. He can be reached at (612) 790-7940 (cell). Based on our review of the available plans and our experience on similar projects, our
anticipated scope of services is outlined below. These services will be provided on a part-time,
will-call basis coordinated through authorized City of Roseville personnel. Soils Sampling and Testing Our estimate of the sampling and testing to be performed on the grading and base items is based on the requirements of Mn/DOT’s “Specified Density Method” and in accordance with Mn/DOT Schedule of Materials Control. AET will perform Mn/DOT laboratory sieve analysis testing as well as in-place density and moisture testing on the following materials:
Reclaimed material (salvaged aggregate base and bituminous)
Utility trench backfill.
Subgrade Preparation The Mn/DOT Dynamic Cone Penetrometer will be used to verify density on the granular sections, including the full depth reclamation, and the aggregate base sections of the project following the Mn/DOT Penetration Index procedures in accordance with the Mn/DOT Schedule
of Materials Control. During the full depth reclamation we plan to visit the site once per day to obtain samples of the reclaimed material and perform depth checks on a part-time basis.
During grading operations AET’s Engineering Technicians will have nuclear density gauges on site for use when requested. During accelerated grading operations and the backfilling of deeper utility trenches the use of the nuclear density gauge in the field in conjunction with the required sand cone tests can provide immediate results in the field for the inspector and contractor to have a greater level of confidence when continuing with grading or backfilling while waiting for the
laboratory portion of the sand cone test to be completed. The test results of the nuclear density gauge should not be considered for use as acceptance testing and the contractor should be made aware that if they continue grading and backfilling operations prior to the results of the sand cone testing, the contractor is proceeding at their own risk.
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City of Roseville March 7, 2017
Falcon Heights 2017 PMP AET Proposal No. 20-15315 Page 3 of 5 Bituminous Pavement Sampling and Testing
As bituminous paving is being completed, a certified Engineering Technician will obtain companion samples, provided by the contractor, during each day of paving. Samples will be tested in our laboratory for MnDOT Gyratory Mix Properties as follows:
Gyratory density, Rice specific gravity and VMA.
Asphalt extraction and aggregate gradation. After the completion of the paving, we will obtain companion core samples, provided by the
contractor, for laboratory testing. This testing will include the following:
The thickness of each layer of the core sample.
The density of each layer of the core sample.
Determination of the percent of Gmm (percent of maximum specific gravity) for density of
each layer of the core sample.
AET will run the Mn/DOT program to determine random core locations of bituminous based on
tonnage (lot sizes) and pavement placement patterns. AET will use the random core locations and mark the locations the next day after paving for the contractor to core. AET assumes the tonnage and pavement placement patterns will be provided to us by the City of Roseville. Concrete Testing During the placement of structural concrete, concrete curb and gutter, driveways, and sidewalk, AET will perform field testing consisting of slump, air content and temperature of the plastic concrete, followed by casting of cylinders for compression testing. The Mn/DOT Schedule of
Materials Control requires three compressive strength test cylinders to be tested at an age of 28
days. AET recommends five (5) compressive strength cylinders be cast per every 100 cubic yards of each type of concrete placed each day then retrieved the following day for testing in our laboratory. These cylinders will be tested at the following ages, one at 7 days, three at 28 days, and the last cylinder be held in reserve for future testing if the 28 day strength requirement is not
met in the 28 day period.
We assume that the City of Roseville will be responsible to prepare the weekly concrete reports for the project. Concrete Plant Inspection This proposal does not incorporate the time and cost to perform concrete plant inspections. These services will be provided at your request.
Bituminous Plant Inspection This proposal does not incorporate the time and cost to perform bituminous plant inspections. These services will be provided at your request.
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City of Roseville March 7, 2017
Falcon Heights 2017 PMP AET Proposal No. 20-15315 Page 4 of 5 Estimated Fees
Our services will be provided on a unit cost basis according to the unit rates provided in the
attached Fee Schedule. Our invoices will be determined by multiplying the number of personnel
hours or tests by their respective unit rates.
We have estimated a “minimum required estimate” which estimates the tests needed to satisfy
the requirements as defined in the Mn/DOT Schedule of Material Control. The “likely needed estimate” is the cost that we anticipate will be required to complete the previously described testing services, based on our experience and assumed scheduling of the project. Therefore, we propose a budget cost estimate using the “likely needed” estimate of $16,403.00 for the scope of services outlined in this proposal. We refer you to the attached Materials Testing Estimate as
reference to how we arrived at this estimated cost for the roadway. We caution that this is only an estimated cost. Often, variations in the overall cost of the services occur due to reasons beyond our control, such as weather delays, changes in the contractor’s schedule, unforeseen conditions or retesting. These variations will affect the actual invoice totals, either increasing or decreasing our total
costs for the project from those estimated in this proposal. If more time or tests are required, additional fees may be needed to complete the project testing services. If less time or tests are needed, a cost savings will be realized.
Terms and Conditions
All AET Services are provided subject to the Terms and Conditions set forth in the enclosed
Service Agreement—Terms and Conditions, which, upon acceptance of this proposal, are
binding upon you as the Client requesting Services, and your successors, assignees, joint venturers and third-party beneficiaries. Please be advised that additional insured status is granted upon acceptance of the proposal.
Acceptance
We are submitting this proposal for acceptance. When it is accepted, we ask that a copy be
signed by an authorized representative of the party responsible for payment for these services, and that this copy be returned to us as authorization to proceed. We have enclosed with this proposal a copy of the “Service Agreement.” The terms contained in the “Service Agreement” are incorporated herein and are an integral part of this contract for
professional engineering services. Acceptance of this proposal by the authorized signature, verbal authorization to proceed, or issuance of a purchase order, indicates that you understand and accept the terms and conditions contained in this proposal, including the “Services Agreement”.
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Minimum LikelyMinimum LikelyCommon Excavation (Suitable Grading)CU YD 100 162425 125.00 250.00 625.0011 15.00 15.00 15.0012 55.00 55.00 110.00LF 457810 55.00 440.00 550.00LF 2,90068 55.00 330.00 440.0000 15.00 0.00 0.00Grading Material - Select GranularCU YD 1004423 90.00 180.00 270.00Grading Material - Granular BackfillCU YD 3,962Relative Moisture 1 split sample per project22 15.00 30.00 30.00DCP 1/2,000 CU YD3 6 50.00 150.00 300.000 0 15.00 0.00 0.00Aggregate Base - Class V CU YD 100 2 21 1 100.00 100.00 100.0022165.00 330.00 330.001150.00 50.00 50.0000555.00 0.00 0.0022170.00 340.00 340.001115.00 15.00 15.00Full Depth Reclamation SQ YD 15,750 5 1033100.00 300.00 300.006850.00 300.00 400.001115.00 15.00 15.000.00 0.000.00 0.00Bituminous Testing - SP WE/NW Total Tons 4,430 6 656515.00 2575.00 3090.008 16 42.00 336.00 672.00Concrete CU YD 725*9503.00 27.00 150.00*Estimated 10 1895022.00 198.00 1100.00Topsoil Borrow CU YD 610 1 1 Topsoil Borrow Testing (1/1000 CU YD) 1 1350.00 350.00 350.0044 65Subtotal =6,036.00 8,902.001 Test numbers include sand gradations for Fine Filter Aggregate and Granular Bedding2 Testing rates given but likely not needed as product is small quantitiesUnit Rate ($) Minimum QuantityLikely Quantity Minimum CostMile 0.75 352 400 264.00Hr 83.00 65 75 5,395.00Project Management Hr 122.00 5 8 610.00Subtotal = 6,269.00MinimumLikelyEstimate prepared by : Bradley HillesheimTotal Cost Estimate = 12,305.00 16,403.00Materials Testing Estimate for 2017 Pavement Management Project, Falcon Heights - 2016 SMCLikely Cost300.006,225.00976.00Moisture Density 1 per soil type (Proctor)Cost per test ($)HrsMaterialTechnician Time MileageTime and MileageCompanion Core Density (estimate 1/600 ton)Cost ($)# of TestsUnitsGradation 1/40,000 CU YDGradation 1/day, assumes 3 daysContractor Testing Freq.Trips7,501.00Relative Moisture 1 split sample per projectTesting of Plastic Concrete (1 set of 3 cyls/ 300 CU YD) -Included in hourly rateTesting of hardened Concrete CylindersPercent Ashpalt Content (2 per source Recycled)Aggregate Quality Test (2 per source Virgin Materials)Cylinder Molds (3 Cyl. per 300 CU YD)DCP 1/3,000 SYRelative Moisture 1 split sample per projectMn/Dot Gyratory Mix Properties (1 test/day/mix type)Relative Moisture 1 split sample per projectSpecified Density Testing (Sand Cone) 1/500 LF - LongitudNuclear Density Gauge Testing (Upon Request)Vincent St (SAP 124-050-011); Folwell Ave (SAP 124-050-012); Northrup Ave (SAP 124-050-013); Burton St (SAP 124-050-014); Coffman St (SAP 124-050-015)Specified Density Testing (Sand Cone) 1/4,000 CU YDSpecified Density Testing (Sand Cone) 1/250 LF 2' LiftsQty.DCP 1/500 CU YDPercent Crushed (2 per Source Virgin Materials)Depth Check 1/day, included in hourly rateTest Rolling, included in hourly rateNuclear Density Gauge Testing (Upon Request)Gradation (4 per lot)52 of 57
CONSTRUCTION SERVICE AGREEMENT ‐ TERMS AND CONDITIONS Page 1 of 5
ACS 403C (10/14) AMERICAN ENGINEERING TESTING, INC.
SECTION 1 ‐ RESPONSIBILITIES
1.1 – This Service Agreement – Terms and Conditions (“terms and conditions”) is applicable to all Services provided by
American Engineering Testing, Inc. (AET). As used herein “Services” refer to the scope of Services described in the proposal
submitted by AET to Client. The proposal, these terms and conditions and any appendices attached hereto shall comprise the
Agreement between AET and Client for Services described in the proposal and are binding upon the Client, its successors,
assignees, joint ventures and third‐party beneficiaries. AET requests written acceptance of the Agreement, but the following
actions shall also constitute Client’s acceptance of the Agreement: 1) issuing an authorizing purchase order for any of the
Services, 2) authorizing AET’s presence on site, or 3) written or electronic notification for AET to proceed with any of the
Services.
1.2 ‐ Prior to AET performing Services, Client will provide AET with all information that may affect the cost, progress, safety and
performance of the Services. This includes, but is not limited to, information on proposed and existing construction, all
pertinent sections of contracts between Client and property owner, site safety plans or other documents which may control or
affect AET's Services. If new information becomes available or changes are made during AET's Services, Client will provide such
information to AET in a timely manner. Earthwork and construction activities are done to support a particular structure (type,
size, and shape) or facility at a specific location and elevation. If the type of structure or facility (structural type, size, shape,
location, elevation, etc.) changes, the earthwork or construction activities completed may no longer provide suitable structural
support or be capable of supporting the intended construction. Additional earthwork or redesign of all or a part of the
structure or facility may be needed. Failure of Client to timely notify AET of changes to the project including, but not limited to,
location, elevation, loading, or configuration of the structure or improvement will constitute a release of any liability of AET.
Client will provide a representative for timely answers to project‐related questions by AET.
1.3 ‐ AET observes and tests earthwork and other construction operations and materials, and may provide opinions,
conclusions and recommendations regarding the same. However, AET’s Services do not relieve the contractors of their
contractual responsibility to perform their work in accordance with approved plans, specifications and building code
requirements.
1.4 ‐ AET personnel do not have authority to accept, reject, direct or otherwise approve the work of the contractor. AET cannot
stop work or waive or alter the requirements of the project documents. Any authority given to AET by Client must be in writing
prior to the start of Services.
1.5 ‐ AET does not perform construction management, general contracting or surveying services and our involvement with the
project does not constitute any assumption of those responsibilities.
1.6 ‐ Services performed by AET often include sampling at specific locations. Client acknowledges the limitations inherent in
sampling. Variations in conditions occur between and beyond sampled/tested locations. The passage of time, natural
occurrences and direct or indirect human activities at the site or distant from it may alter the actual conditions. Client assumes
all risks associated with such variations.
1.7 ‐ AET is not responsible for interpretations or modifications of AET's recommendations by other persons.
1.8 ‐ Should change in conditions be alleged, Client agrees to notify AET before evidence of alleged change is no longer
accessible for evaluation.
1.9 ‐ Test borings and/or cone penetration test soundings to a proper depth below foundation grade and the base of suitable
bearing soils are recommended for projects where supporting soils will be subjected to increased loads to explore the deeper
unseen soil and ground water conditions. Judgments made by AET personnel regarding the suitability of materials and ground
water conditions below the bottom of an excavation are limited if sufficiently deep test borings/soundings are not provided by
the Client prior to our observations and judgments. AET’s opinions, conclusions and recommendations are qualified to that
extent.
1.10 – Pricing in the proposal assumes use of these terms and conditions. AET reserves the right to amend pricing if Client
requests modifications to the Agreement or use of Client’s alternate contract format. Any contract amendments made after
Client has authorized the Services shall be applicable only to Services performed after the effective date of such amendment.
The proposal and these terms and conditions, including terms of payment, shall apply to all Services performed prior to the
effective date of such amendment.
1.11 – The AET proposal accompanying these terms and conditions is valid for sixty (60) days after the proposal issuance date
to the Client. Any attempt to authorize Services after the expiration date is subject to AET’s right to revise the proposal as
necessary.
SECTION 2 ‐ WILL CALL SERVICES
2.1 ‐ If AET’s Services are performed on a will‐call basis at the direction of the Client or its authorized representatives, Client
acknowledges the inherent limitations associated with performing engineering judgments and testing Services on a will‐call
basis, including without limitation, the inability to completely evaluate, document or judge work and conditions not directly
observed or tested by AET. AET’s opinions, conclusions, and recommendations are qualified to the extent of those limitations.
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CONSTRUCTION SERVICE AGREEMENT ‐ TERMS AND CONDITIONS Page 2 of 5
ACS 403C (10/14) AMERICAN ENGINEERING TESTING, INC.
2.2 ‐ Density tests of fill soils represent conditions only at the locations and elevations tested and do not necessarily represent
conditions laterally or below. AET can only provide judgments regarding the engineered fill system to adequately support the
design construction loadings by monitoring the filling process on a continuous basis for consistency of soil type, moisture
content, lift thickness, and compaction effort.
2.3 – AET requires a minimum of 24 hours notice of the need for Services. AET will not be liable for claims, damages, or delays
related to failure of Client to provide adequate advance notice to AET.
SECTION 3 ‐ SITE ACCESS, UNDERGROUND FACILITIES AND CONSTRUCTION STAKING
3.1 ‐ Client will furnish AET safe and legal site access.
3.2 ‐ AET is not responsible for locating underground facilities on construction sites. Client shall ensure that underground
facilities have been previously located and cleared. AET will not be responsible for any damages to underground facilities not
located or incorrectly identified. An underground facility is an underground line, fixture, system, and its appurtenances used to
produce, store, convey, transmit, or distribute communications, data, power, heat, gas, oil, petroleum products, water
including storm water, steam, sewage, and similar substances.
3.3 ‐ The location and elevation of a proposed structure or facility is staked (with offsets) and controlled by surveying or GPS
equipment by others. AET’s measurements are made in relation to that information. The reliability of any opinions,
conclusions, and recommendations based on those measurements is strictly dependent on the accuracy of the staking or GPS
information provided by others.
3.4 ‐ During construction, observations and testing Services are based on the positioning of the formwork by the contractor or
its subcontractor. AET will not be responsible for any errors or damages resulting from improper location or positioning of the
formwork.
SECTION 4 ‐ SAFETY
4.1 ‐ Client shall inform AET of any known or suspected hazardous materials or unsafe conditions at the site. Client or its
authorized representative(s) is responsible for the safety of the jobsite. If, during the course of AET's Services, such materials or
conditions are discovered, AET reserves the right to take measures to protect AET personnel and equipment or to immediately
terminate Services. Client shall be responsible for payment of such additional protection costs.
4.2 ‐ AET shall only be responsible for safety of AET employees at the site; the safety of all others shall be Client's or other
persons' responsibility.
SECTION 5 ‐ SAMPLES
5.1 ‐ Client shall inform AET of any known or suspected hazardous materials prior to submittal to AET. All samples obtained by
or submitted to AET remain the property of the Client during and after the Services. Any known or suspected hazardous
material samples will be returned to the Client at AET's discretion.
5.2 ‐ Non‐hazardous samples will be held for thirty (30) days and then discarded unless, within thirty (30) days of the report
date, the Client requests in writing that AET store or ship the samples. Storage and shipping costs shall be borne solely by
Client.
SECTION 6 ‐ PROJECT RECORDS
The original project records prepared by AET will remain the property of AET. AET shall retain these original records for a
minimum of three years following submission of the report, during which period the project records can be made available to
Client at AET's office at reasonable times.
SECTION 7 ‐ STANDARD OF CARE
AET performs its Services consistent with the level of care and skill normally performed by other firms in the profession at the
time of this service and in this geographic area, under similar budgetary constraints.
SECTION 8 ‐ INSURANCE
AET maintains insurance with coverage and limits shown below. AET will furnish certificates of insurance to Client upon
request.
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CONSTRUCTION SERVICE AGREEMENT ‐ TERMS AND CONDITIONS Page 3 of 5
ACS 403C (10/14) AMERICAN ENGINEERING TESTING, INC.
8.1 – AET maintains the following insurance coverage and limits of liability:
Workers’ Compensation Statutory Limits
Employer’s Liability $100,000 each accident
$500,000 disease policy limit
$100,000 disease each employee
Commercial General Liability $1,000,000 each occurrence
$1,000,000 aggregate
Automobile Liability $1,000,000 each accident
Professional Liability Insurance $1,000,000 per claim
$1,000,000 aggregate
8.2 ‐ Commercial General Liability insurance will include coverage for Products/Completed Operations extending one (1) year
after final acceptance of the Project by Owner, Property Damage including Completed Operations, Personal Injury, and
Contractual Liability insurance applicable to AET's indemnity obligations under this Agreement.
8.3 ‐ Automobile Liability insurance shall include coverage for all owned, hired and non‐owned automobiles.
8.4 ‐ Professional Liability Insurance is written on a claims‐made basis and coverage will be maintained for one (1) year after
final acceptance of the Project by Owner. Renewal policies during this period shall maintain the same retroactive date.
8.5 ‐ To the extent permitted by applicable state law, and only upon Client’s signing of the proposal and return of the same to
AET, Client and Owner shall be named an “additional insured” on AET’s Commercial General Liability Policy (Form CG D4 14 04
08, which includes blanket coverage for Products/Completed Operations and on a Primary and Non‐Contributory basis) and
Automobile Liability Policy. Client and Owner shall be extended "waiver of subrogation" status for applicable coverages. Any
other endorsement, coverage or policy requirement shall result in additional charges.
8.6 ‐ AET will maintain in effect all insurance coverage required by this Agreement at its sole expense, provided such insurance
is reasonably available, with insurance carriers licensed to do business in the state in which the project is located and having a
current A.M. Best rating of no less than A minus (A‐). Such insurance shall provide for thirty (30) days prior written notice to
Client for notice of cancellation or material limitations for the policy or ten (10) days' notice for non‐payment of premium.
8.7 ‐ AET reserves the right to charge Client for AET’s costs for additional coverage requirements unknown on the date of the
proposal, e.g., coverage limits or policy modification including waiver of subrogation, additional insured endorsements and
other project specific requirements.
SECTION 9 ‐ DELAYS
If delays to AET's Services are caused by Client or Owner, work of others, strikes, natural causes, weather, or other items
beyond AET's control, a reasonable time extension for performance of Services shall be granted, and AET shall receive an
equitable fee adjustment.
SECTION 10 ‐ PAYMENT, INTEREST AND BREACH
10.1 ‐ Invoices are due net thirty (30) days. Client will inform AET of invoice questions or disagreements within fifteen (15) days
of invoice date; unless so informed, invoices are deemed correct.
10.2 – Client agrees to pay interest on unpaid invoice balances at a rate of one and a half percent (1.5%) per month, or the
maximum allowed by law, whichever is less, beginning thirty (30) days after invoice date.
10.3 – Invoices remaining unpaid for sixty (60) days shall constitute a material breach of this Agreement, permitting AET, in its
sole discretion and without limiting any other legal or equitable remedies for such breach, to terminate performance of this
Agreement and be relieved of any associated duties to the Client or other persons. Further, AET may withhold from Client data
and reports in AET’s possession. If Client fails to cure such breach, all reports associated with the unpaid invoices shall
immediately upon demand be returned to AET and Client may neither use nor rely upon such reports or the Services.
10.4 ‐ Client will pay all AET expenses and attorney fees relating to collection of past due invoices.
SECTION 11 ‐ MEDIATION
11.1 ‐ Except for enforcement of AET’s rights to payment for Services rendered or to assert and/or enforce its lien rights,
including without limitation assertion and enforcement of mechanic’s lien rights and foreclosure of the same, Client and AET
agree that any claim, dispute or other matter in question arising out of or related to this Agreement shall be subject to
mediation as a condition precedent to arbitration or the institution of legal or equitable proceedings by either party; provided
however that if either party fails to respond to a request for mediation within sixty (60) days, the party requesting mediation
may without further notice, proceed to arbitration or the institution of legal or equitable proceedings.
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11.2 ‐ Mediation shall be in accordance with the Construction Industry Mediation Rules of the American Arbitration
Association. Request for mediation shall be in writing and the parties shall share the mediator’s fee and any filing fees equally.
The mediator shall be acceptable to both parties and shall have experience in commercial construction matters.
SECTION 12 ‐ LITIGATION REIMBURSEMENT
Except for matters relating to non‐payment of fees, which is governed by Section 10.4 hereof, payment of attorney’s fees and
costs associated with lawsuits or arbitration of disputes between AET and Client, which are dismissed or are judged
substantially in either party's favor, shall be paid by the non‐prevailing party. Applicable costs include, but are not limited to,
attorney and expert witness fees, court costs, and AET costs.
SECTION 13 ‐ MUTUAL INDEMNIFICATION
13.1 ‐ Subject to the limitations contained in Sections 14 and 15, AET agrees to indemnify Client from and against damages and
costs to the extent caused by AET's intentional acts or negligent performance of the Services.
13.2 ‐ Client agrees to indemnify AET from and against damages and costs to the extent caused by the intentional acts or
negligence of the Client, Owner, Client's contractors and subcontractors or other third parties.
13.3 ‐ If Client has an indemnity agreement with other persons or entities relating to the project for which AET’s Services are
performed, the Client shall include AET as a beneficiary.
13.4 ‐ AET's indemnification to the Client, including any indemnity required or implied by law, is limited solely to losses or
damages caused by its failure to meet the standard of care and only to the extent of its negligence or intentional acts.
SECTION 14‐ WAIVER OF CONSEQUENTIAL DAMAGES
NOTWITHSTANDING ANY OTHER PROVISION OF THIS AGREEMENT, NEITHER PARTY SHALL BE LIABLE TO THE OTHER FOR
ANY CONSEQUENTIAL, SPECIAL, INDIRECT, INCIDENTAL OR PUNITIVE DAMAGES INCURRED EVEN IF THE POSSIBILITY OF
SUCH DAMAGES WAS FORESEEABLE. CONSEQUENTIAL DAMAGES INCLUDE, BUT ARE NOT LIMITED TO LOSS OF USE AND
LOSS OF INCOME OR PROFIT.
SECTION 15 ‐ LIMITATION OF LIABILITY
Client agrees to limit AET's liability to Client resulting from AET's negligent acts, errors or omissions, such that the total liability
of AET shall not exceed $20,000.
SECTION 16 – UNIONIZATION
AET reserves the right to negotiate an appropriate fee increase or to terminate its contract on three (3) days written notice to
Client without incurring penalties or costs from Client, Owner and their successors, assignees, joint‐venturers, contractors and
subcontractors, or any other parties involved with the project for claims, liabilities, damages or consequential damages, directly
or indirectly related to AET being required to provide unionized personnel on the project. Reservation of this right on the part
of AET represents neither approval nor disapproval of unions in general or the use of collective bargaining agreements.
SECTION 17 ‐ POSTING OF NOTICES ON EMPLOYEE RIGHTS
Effective June 21, 2010, prime contracts with a value of $100,000 or more and signed by federal contractors on projects with
any agency of the United States government must comply with 29 CFR Part 471, which requires physical posting of a notice to
employees of their rights under Federal labor laws. The required notice may be found at 29 Code of Federal Regulations Part
471, Appendix A to Subpart A. The regulation also has a "flow‐down" requirement for subcontractors under the prime
agreement for subcontracts with a value of $10,000 or more. AET requires strict compliance of its subcontractors working on
federal contracts subject to this regulation. The regulation has specific requirements for location of posting and language(s) for
the poster.
SECTION 18 ‐ TERMINATION
After 7 days written notice, either party may elect to terminate work for justifiable reasons. In this event, the Client shall pay
AET for all Services performed, including demobilization and reporting costs to complete the file.
SECTION 19 ‐ SEVERABILITY
Any provisions of this Agreement later held to violate a law or regulation shall be deemed void, and all remaining provisions
shall continue in force. However, Client and AET will in good faith attempt to replace an invalid or unenforceable provision with
one that is valid and enforceable, and which comes as close as possible to expressing the intent of the original provision.
SECTION 20 ‐ GOVERNING LAW
This Agreement shall be construed in accordance with the Laws of the State of Minnesota without regard to its conflicts of law
provisions.
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SECTION 21 ‐ ENTIRE AGREEMENT
This Agreement, including these terms and conditions and attached proposal and appendices, is the entire agreement between
AET and Client. Regardless of method of acceptance of this Agreement by the Client, this Agreement supersedes any previous
written or oral agreements, including purchase/work orders or other Client agreements submitted to AET after the start of our
Services. Any modifications to this Agreement must be mutually acceptable to both parties and accepted in writing. No
considerations will be given to revisions to AET's terms and conditions or alternate contract format submitted by the Client as a
condition for payment of AET's accrued Services.
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