V.1. Public Improvement Hearing – 2018 Street and Utility Improvements, City Project 2017-10; Stanley (CR2017-138)December 5, 2017 Council Report 2017-138
PUBLIC IMPROVEMENT HEARING
2018 STREET AND UTILITYIMPROVEMENTS
CITY PROJECT 2017-10
Proposed Action
Staff recommends the following motion: adopt Resolution 2017-083, Resolution Ordering Improvement
after Public Improvement Hearing, 2018 Street and Utility Improvements and companion Resolution 2017-
084, stating the City’s intent to reimburse itself using bonds.
This action continues an assessable project for street and utility improvements.
Overview
At its November 6, 2017 meeting, a feasibility report concerning street and utility improvements along
Division Street, Cambridge Street, Oxford Street, Lake Street Northeast, Murphy Avenue, Texas Avenue
South, and the alley south of Lake Street was presented to the City Council and a public hearing on the
improvements was ordered for December 5, 2017. Hearing notices have been mailed to all affected property
owners of record. In accordance with state statutes, the City Council needs to conduct a public hearing and
determine authorization of the project. Following the public hearing, if the project is ordered, City Council is
asked to state the City’s intent to reimburse itself using bonds.
Primary Issues to Consider
Scope of Improvements
Public Input
Assessments
Project Budget and Costs
Project Schedule
Staff Recommendation
Supporting Information
Public Hearing Notice & Mailing Affidavit
Proposed Pending Assessment Roll
Resolution 2017-083 & 2017-084
Proposal for Design and Construction Services
Feasibility Report (available upon request)
_________________________________
Nate Stanley, P.E., City Engineer
Financial Impact: $5,779,200 Budgeted: Y/N _Y_ Source: _PIR, SA, Water, Sanitary, Storm
Related Documents (CIP, ERP, etc.): CIP _ Notes: _________________________________________
Council Report 2017-138
Page 2
ANALYSIS OF ISSUES
Scope of Improvements
This project includes reconstruction of the following streets:
• Division Street
• Cambridge Street
• Oxford Street
• Lake Street Northeast
• Murphy Avenue
• Texas Avenue South
• Alley south of Lake Street
Proposed street improvements include full reconstruction of streets and new curb and gutter throughout
the project area; width improvements are also proposed.
Water main is proposed to be replaced throughout the project area. All water services will be replaced
from the main to the property line unless they are copper and less than 10 years old.
Sanitary sewer improvements include the removal and replacement of the main, manholes and service
lines to the property line. Several segments are also proposed to rehabilitated via trenchless means.
Proposed storm sewer improvements include removal and replacement of the storm sewer main, addition
of storm sewer inlets to reduce water ponding in the street and improvements to reduce sediment
accumulation.
Bicycle facilities include installation of “sharrows” on the Hopkins portion of Texas Avenue and
“sharrows” on Lake Street Northeast. St. Louis Park has designated Texas Avenue South as a bicycle
corridor, and will be installing bicycle lanes on their portion of Texas Avenue South. The bicycle
improvements will provide continuity between existing bicycle lanes on Texas Avenue South and the
proposed bicycle improvements on Blake Road. Additional sidewalks were considered for the
neighborhood; however the vast majority of resident respondents indicated they did not want new
sidewalks added.
During the scoping for this project, it was determined that there was some other work that should be
included in the project, due not only to proximity, but to capitalize on pricing. This additional work will
be funded by separate items in the CIP and Budget and includes the following:
• Storm manhole rehabilitation/replacement in the intersection of 17th Avenue South and 1st Street
South
• Sanitary Sewer Lining in areas across the City identified by the Public Works Department.
• Citywide spot alley and sidewalk repairs
The municipal boundary between Hopkins and St. Louis Park runs down the middle of Division Street
and Texas Avenue south of Division Street. Both of these streets will be reconstructed in their entirety,
and to govern the work a Joint Powers Agreement was executed earlier this year. Hopkins will be the
project lead for all work and coordinate with St. Louis Park.
Council Report 2017-138
Page 3
Metropolitan Council Environmental Services (MCES) is currently reconstructing the L27 lift station,
which is currently located at 420 Blake Road. The new lift station will be located at 402 Hiawatha
Avenue, approximately 600 feet west of Blake Road. As part of the project, a new force main needs to
be extended from the lift station into St. Louis Park. Staff has been coordinating with MCES on the
placement of the new force main along Lake Street, and plan to incorporate the work into the 2018
improvements scope. A cooperative agreement between Hopkins and MCES was established prior to
construction of the lift station, and will be updated to account for the additional work.
Public Input
Two public informational meetings regarding the improvements were held on November 1 & 29. The
meeting format consisted of a presentation of the overall project, but focused detailed discussion on
assessments. Between the two meetings, a total of approximately 30 people attended the meetings.
A questionnaire was sent to all properties in the project area in advance of the neighborhood meeting,
Drainage concerns and a desire for improved street surface were the most notable comment in the
responses.
Bolton & Menk and City staff has met with individual property owners in person to discuss concerns and
look at options to minimize issues; it is anticipated meetings will continue as design progresses.
Assessments
The proposed street assessments are based on the City’s assessment policy, whereby 70% of the street
reconstruction cost and 50% of the water and sewer service replacement are assessed to benefiting
properties. The policy also allows for assessments to be capped should assessments exceed previous year
assessments by 20%; the costs for this project will trigger the assessment cap. A preliminary assessment
roll has been calculated and can be found in the appendix of the attached Feasibility Report.
The assessment cap for residential properties is $88.89 per front foot based on adding 3% to the 2017
cap. Without the cap assessments could be double the capped rate.
Project Budget and Costs
The estimate for this project, which includes 10% contingency and 21% for legal, administrative, and
engineering costs for all the work totals to $5,779,200. Project costs and funding sources are as follows:
Council Report 2017-138
Page 4
Funding Source CIP Budget Hopkins Costs Costs by Others
PI-PIR/General Obligation Bonds $1,000,000 $1,085,600
Assessments 900,000 1,073,600
Storm Sewer Fund 350,000 194,200
Sanitary Sewer Fund 500,000 960,700
Water Fund 700,000 1,145,500
Metropolitan Council 818,600
City of St. Louis Park 501,000
Total 3,450,000 $4,459,600 $1,319,600
It should be noted that the current estimate exceeds the CIP budgeted amount for some items. The
significant factors contributing to the overage at this time are the percentages applied for contingencies
and design costs, these costs will be reduced as the project progresses. Costs for utilities have been
increased due to further in-depth analysis of other factors that can affect construction costs, such as poor
soil conditions, depth, and capacity upgrades. Public Works staff will be working with the Finance
Director to assure the project as proposed can be funded. Staff will return to council with an update on
costs prior to contract award.
Project Schedule
Accept feasibility report/order public hearing November 6, 2017
Public Informational Neighborhood Meetings November 1 & 29, 2017
Public hearing/order final design December 5, 2017
Approve final plans/order bids March 6, 2018
Order Assessment Hearing April 17, 2018
Public Informational Neighborhood Meeting #4 Early May 2018
Conduct Public Assessment Hearing May 15, 2018
Adopt Assessment Roll/Award Contract May 15, 2018
Begin Construction June, 2018
Complete Construction November, 2018
Staff Recommendation
Staff recommends ordering the above detailed improvement with adoption of resolution 2017-083 and
adopting companion resolution 2017-084.
CITY OF HOPKINS
HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO. 2017-083
RESOLUTION ORDERING PUBLIC IMPROVEMENT
2018 STREET AND UTILITY IMPROVEMENTS, PROJECT NO. 2017-10
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WHEREAS, a resolution of the City Council adopted the 5day of December, 2017
fixed a date for a Council Hearing on the improvements on Division Street, Cambridge
Street, Oxford Street, Lake Street Northeast, Murphy Avenue, Texas Avenue South, and
the alley south of Lake Street, including pavement, curbing, sidewalk, signage, drainage,
water and sanitary sewer improvements and all necessary appurtenances, and
WHEREAS, the City Council deems it appropriate and expedient to make such
improvements, and
WHEREAS, ten days mailed notice and two weeks published notice of the hearing was
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given, and the hearing was held thereon on the 5day of December, 2017 at which all
persons desiring to be heard were given an opportunity to be heard thereon.
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of
Hopkins, Minnesota:
1. Such improvement is necessary, cost-effective, and feasible as detailed in the
feasibility report and the recommendations are hereby accepted.
2. Such improvement is hereby ordered as proposed in the Council Resolution
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adopted the 5day of December, 2017. The total estimated project cost is
$5,779,200, of which $1,073,630 is estimated to be assessed.
3. Bolton & Menk, Inc. is hereby designated as the engineer for this improvement
and shall prepare plans and specifications for the making of such improvement.
The Mayor and City Manager are hereby authorized to enter into a contract for
engineering and construction services for this improvement.
4. The City Attorney and City Engineer are hereby authorized to acquire necessary
easements by negotiation or condemnation.
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Adopted by the City Council of the City of Hopkins this 5day of December, 2017.
Molly Cummings, Mayor
ATTEST:
Amy Domeier, City Clerk
CITY OF HOPKINS
HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO. 2017-084
DECLARING THE OFFICIAL INTENT OF THE CITY OF HOPKINS
TO REIMBURSE CERTAIN EXPENDITURES FROM
GENERAL OBLIGATION IMPROVEMENT BOND PROCEEDS
TO BE ISSUED BY THE CITY OF HOPKINS
WHEREAS, the Internal Revenue Service has issued Treas. Reg. #1.150-2 providing that
proceeds of tax-exempt bonds used to reimburse prior expenditures shall not be deemed
spent unless certain requirements are met; and
WHEREAS, the City expects to incur certain expenditures, which may be financed
temporarily from sources other than bonds, and reimbursed from the bond proceeds;
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Hopkins,
Minnesota:
1. The City intends to incur expenditures for the project described in Council Report
2017-138, for City Project 2017-10 (the “Project”), and intends to reimburse itself
for such expenditures from the bond proceeds to be issued by the City in the
maximum principal amount described in the “project”.
2. The City Manager is authorized to designate additions to Project 2017-10 in
circumstances where time is of the essence, and any such designation shall be
reported to the Council at the earliest practicable date and shall be filed with the
official books and records of the City.
3. This resolution is intended to constitute a declaration of official intent for the
purpose of Treas. Reg. #1.150-2 and any successor law, regulation, ruling or
amendment pertaining thereto.
Adopted by the City Council of the City of Hopkins, Minnesota, this 5thth day of
December, 2017.
By_______________________________
Molly Cummings, Mayor
ATTEST:
_______________________________
Amy Domeier, City Clerk
City of Hopkins 2018 Agreement (Modified from 2004 Standard Form) VER. 12/05/2017
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AGREEMENT FOR PROFESSIONAL SERVICES
FINAL DESIGN & CONSTRUCTION SERVICES
2018 STREET & UTILITY IMPROVEMENTS
CITY OF HOPKINS, MINNESOTA
This Agreement, made this 5th day of December, 2017, by and between CITY OF HOPKINS, 1010 1st
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 the 2018 STREET &
UTILITY IMPROVEMENTS 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 information related to the project 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.
This obligation shall not include information that is classified as private or confidential under the
Minnesota Government Data Practices Act (MGDPA), unless access to such information is
essential to the CONSULTANT’s scope of services, in which case the CLIENT shall establish in
writing, and CONSULTANT shall comply with, any conditions governing access to and use of
such private or confidential information.
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.
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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.
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.
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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 – Sr. Principal Engineer/Surveyor $140-198/Hour
Sr. Project Manager – Principal Engineer/Surveyor $118-166/Hour
Project Manager $100-150/Hour
Project/Design Engineer /Planner $64-144/Hour
Licensed Surveyor $76-140/Hour
Project Surveyor $60-110/Hour
Specialist (Nat. Resources; GIS; Traffic; Other) $70-130/Hour
Senior Technician (Inc. Survey1) $70-145/Hour
Technician (Inc. Survey1) $54-102/Hour
Administrative Support & Clerical $35-84/Hour
GPS/Robotic Survey Equipment No Charge
CAD/Computer Usage No Charge
Routine Photo Copying/Reproduction No Charge
Routine Office Supplies No Charge
Field Supplies/Survey Stakes & Equipment No Charge
Mileage No Charge
1No 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.
2. Total cost for the services itemized under Exhibit I, Section A (Basic Services) shall not exceed
$639,422. Itemization of this cost is as shown in the attached DETAILED WORK PLAN and
PROJECT FEES tables, attached hereto as Exhibit II.
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.
5. The payment to the CONSULTANT will be made by the CLIENT upon billing at intervals not
more often than monthly at the herein rates. Itemized invoices identifying all work completed
shall be submitted to the CLIENT by CONSULTANT and paid in the same manner as other
claims made to the CLIENT.
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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 and the CLIENT must approve an
Additional Services in writing. 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. INDEPENDENT CONTRACTOR
The CONSULTANT shall at times be deemed an independent contractor. The CONSULTANT is
not to be deemed an employee or agent of the CLIENT and has no authority to make any binding
commitments or obligations on behalf of the CLIENT except to the extent expressly provided
herein. All services provided by the CONSUTANT pursuant to this agreement shall be provide on
an independent contractor basis not as an employee of the CLIENT for any purpose including, but
not limited to, income tax withholding, workers’ compensation, unemployment compensation,
FICA taxes, liability for torts, and eligibility for employee benefits.
D. 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 be construed as a limitation on or waiver of any
immunities or limitations on liability otherwise available to the CLIENT. 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
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contracts with contractors and other entities involved in this project to carry out the intent of the
paragraph.
E. INSURANCE
1. The CONSULTANT agrees to maintain, at CONSULTANT’S expense a commercial general
liability and excess umbrella general liability insurance policy or policies insuring CONSULTANT
against claims for bodily injury, death or property damage arising out of CONSULTANT’S general
business activities. The general liability coverage shall provide limits of not less than $2,000,000
per occurrence and not less than $2,000,000 general aggregate. Coverage shall include Premises
and Operations Bodily Injury and Property Damage; Personal and Advertising Injury; Blanket
Contractual Liability; Products and Completed Operations Liability.
2. The CONSULTANT also agrees to maintain, at CONSULTANT’S expense, a single limit or
combined limit automobile liability insurance and excess umbrella liability policy or policies
insuring owned, non-owned and hired vehicles used by CONSULTANT under this Agreement.
The automobile liability coverages shall provide limits of not less than $1,000,000 per accident for
property damage, $2,000,000 for bodily injuries, death and damages to any one person and
$2,000,000 for total bodily injury, death and damage claims arising from one accident.
3. CLIENT shall be named Additional Insured for the above liability policies.
4. The CONSULTANT agrees to maintain, at the CONSULTANT'S expense, statutory worker's
compensation coverage together with Coverage B, Employer’s Liability limits of not less than
$500,000 for Bodily Injury by Disease per employee, $500,000.00 for Bodily Injury by Disease
aggregate and $500,000 for Bodily Injury by Accident.
5. 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. The professional liability
insurance coverage shall provide limits of not less than $2,000,000 per claim and an annual
aggregate of not less than $2,000,000 on a claims-made basis.
6. Prior to commencement of this Agreement, the CONSULTANT will provide the CLIENT with
certificates of insurance, showing evidence of required coverages. All policies of insurance shall
contain a provision or endorsement that the coverage afforded will not be canceled or reduced in
limits by endorsement for any reason except non-payment of premium, until at least 30 days’ prior
written notice has been given to the CLIENT, and at least 10 days’ prior written notice in the case
of non-payment of premium.
F. 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
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costs for project financing should be based upon contracted construction costs with appropriate
contingencies.
G. 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.
H. USE OF ELECTRONIC/DIGITAL 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
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.
I. DATA PRACTICES
All data collected, created, received, maintained, or disseminated, or used for any purposes in the
course of the CONSULTANT’S performance of the Agreement is governed by the Minnesota
Government Data Practices Act, Minnesota Statutes Section 13.01, et seq. or any other applicable
state statutes and state rules adopted to implement the Act, as well as state statutes and federal
regulations on data privacy. The Consultant agrees to abide by these statutes, rules and regulations
and as they may be amended. In the event the CONSULTANT receives a request to release data, it
shall notify CLIENT as soon as practical. The CLIENT will give instructions concerning release of
data to requesting party and CONSULTANT will be reimbursed as Additional Services by CLIENT
for its reasonable expenses in complying with the request.
J. PERIOD OF AGREEMENT
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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.
K PAYMENTS
If CLIENT fails to make any payment due CONSULTANT for services and expenses within 60
days after date of the CONSULTANT'S itemized 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.
L. TERMINATION
This Agreement may be terminated by the CLIENT for any reason or for convenience by the
CLIENT upon seven (7) days written notice. The CONSULTANT may only terminate for non-
payment by CLIENT upon CLIENT’s failure to cure upon 30 days written notice.
M. 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.
N. 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.
O. CONTROLLING LAW
This Agreement is to be governed by the law of the State of Minnesota.
P. DISPUTE RESOLUTION
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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.
Q. 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.
R. 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.
S. AUDIT DISCLOSURE
The CONSULTANT must allow the CLIENT, or its duly authorized agents, and the state auditor or
legislative auditor reasonable access to the CONSULTANT’s books, records, documents, and
accounting procedures and practices that are pertinent to all services provided under this Agreement
for a minimum of six years from the termination of this Agreement.
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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.
Mike Waltman, P.E., Principal Engineer
Marcus A. Thomas, P.E., BMI Office Manager
Date
Date
City of Hopkins December 5, 2017
1
EXHIBIT I
FINAL DESIGN, CONSTRUCTION OBSERVATION, ADMINISTRATION & STAKING
2018 STREET AND UTILITY IMPROVEMENTS
CITY OF HOPKINS, MINNESOTA
A. BASIC SERVICES
In accordance with the City of Hopkins’ Preliminary Engineering Report, Bolton &
Menk, Inc. has been requested to complete final design, bidding assistance, construction
staking, construction observation and construction administration services for the City’s
2018 Street and Utility Improvements. The project area includes the following corridors:
Lake St NE, Blake Rd N to Texas Ave S (surface improvements from Blake Rd to
the bridge is part of a separate project)
Texas Ave, 150 feet south of Lake St NE to Division St (Shared with St. Louis
Park)
Alley south of Lake St NE, Murphy Ave to Texas Ave S
Texas Ave S, Division St to TH 7 (St. Louis Park)
Division St, Texas Ave S to the western dead end (Shared with St. Louis Park)
Cambridge St, Texas Ave S to Blake Rd N
Oxford St, Texas Ave S to Blake Rd N
Murphy Ave, Oxford St to Lake St NE
17th Ave & 1st St S, Storm Sewer and Pavement Replacement
CIPP Lining throughout the City
Spot Concrete Sidewalk and Alley Repairs
Building from tasks 1 and 2 of our preliminary design scope of services, detailed tasks
associated with the work are itemized in the attached Detailed Work Plan and are
described below.
Task 3: Final Design & Bidding Services
Final Design
Final design for the 2018 Street and Utility Improvements will be completed based on the
Preliminary Engineering Report completed by Bolton & Menk, Inc. in November, 2017.
Final plans and specifications will be completed in compliance with the City of Hopkins’
Engineering Guidelines. Detailed construction plans will be prepared in Civil3D design
software. The plans and specifications will include:
Plan and profile views of the street reconstruction and utility improvements at 25
scale.
Cross sections will be shown for reconstructed streets at approximately 25'
spacing and at each driveway.
Required construction details.
Special provisions for elements of work not addressed in the MnDOT 2016
Standard Construction Specifications.
City of Hopkins December 5, 2017
2
Construction phasing/staging plans to coordinate construction with Blake Rd,
Metropolitan Council, and MnDOT’s work at TH 7 and Texas Ave.
Temporary traffic control plans for necessary detours or temporary access routes
to businesses.
Metropolitan Council specific construction details, specifications, and CAD work
prepared by others but integrated into Bolton & Menk’s plan set.
Final plans will be submitted for review and comment by private utility owners. Permit
applications as noted in the Preliminary Engineering Report will be completed and
submitted to the permitting agency. Upon completion of construction plans and
specifications, a final estimate of construction cost will be prepared and submitted to the
client. The project will be advertised, bids will be taken, and recommendation will be
made to accept or reject bids. Meetings included during final design include three (3)
City Staff meetings for design review and two (2) City Council meetings for final plan
presentation and conducting the Public Assessment Hearing. Bolton & Menk will
coordinate efforts with the Blake Rd Improvements project, Metropolitan Council, St.
Louis Park, and Mn/DOT to assure the plans coincide with one another.
Impacts to some trees and privately owned landscaping are anticipated. Coordination
efforts will be undertaken with homeowners regarding tree removals and landscaping
impacts prior to construction. Letters will be sent to each affected property to inform the
owner of the known or potential tree and/or landscaping impacts to their property. The
Construction Observer and/or Project Engineer will respond to questions of the owner(s)
and will coordinate on-site meetings as necessary to coordinate any impacts prior to
construction.
Supplemental Topographic Survey
Completion of the Feasibility Study for this project has revealed the need for some
additional topographic survey, necessary to complete the final design of the proposed
improvements. This includes Oxford St where construction was recently finished for the
new Oxford Village apartments. Topographic survey will be completed in these areas to
the same standard as done during the preliminary design phase.
Special Assessments Assistance
For this project, the City of Hopkins intends to assess this project prior to awarding the
contract, based on the bid of the lowest responsible bidder. Bolton & Menk will prepare a
final assessment roll after bids have been opened and will attend the public assessment
hearing to assist City Staff. Bolton & Menk will assist City Staff with the assessment
process and associated statutory requirements, as well as aid in responding to property
owner inquiries throughout the process. Bolton & Menk will attend and facilitate two
neighborhood meetings prior to the final assessment hearing to provide additional
information on assessment amounts, payment options, and any remaining questions on
the proposed improvements.
City of Hopkins December 5, 2017
3
Task 4: Construction Services
Construction Staking
Construction staking indicating cuts to the line and grade of the proposed utilities will
typically be performed at intervals of 50 feet. These utilities include sanitary sewer pipe
and manholes; watermain pipe, hydrants, and bends; storm sewer pipe, manholes, and
catch basins; Metropolitan Council Forcemain. Curb stakes will be provided along the
reconstructed roadways at intervals of 25 feet.
Construction Observation and Administration
This project is proposed to be constructed during the 2018 construction season and is
anticipated to occur multiple phases of construction between late May and early
November. The projected fee estimate is therefore based upon a 26-week construction
season. Full time construction observation is proposed for this project. The contractor’s
use of several construction crews across the multi-phased project will be necessary for
timely completion.
Duties of the Construction Observer will include attendance at the pre-construction
meeting and all construction-related meetings, service as a liaison between the City and
the contractor, review of the completed work to determine if the project is in general
conformance with the plans and specifications, review and scheduling of all materials
testing, maintenance of construction documentation, tracking quantities, project closeout
including checking in on punch list items, and communication with affected property
owners, as necessary, to address their construction-related concerns and issues.
Communication will include door-to-door notices as often as daily, phone calls, text
messages, emails, and in-person meetings.
Administration duties include a pre-construction meeting, weekly project meetings
including minutes, review of shop drawings, sending out weekly email updates to
resident subscribers, preparing and mailing out monthly newsletters to residents, updating
and maintaining a project website, and preparation of pay estimates. Observation and
administration services will be completed on an hourly basis. Estimated weekly time
spent for key staff during the construction process (tasks 4.2 – 4.4) are as follows:
Estimated Hours: Tasks 4.2 – 4.4
Title
Hours
/
Week
Weeks Total
Hours
Principal Engineer-in-Charge 3 26 78
Project Design Engineer 12 26 312
Construction Observer 60 26 1560
Survey Crew (1-man) 20 20 400
City of Hopkins December 5, 2017
4
Record Drawings & GIS Integration
Record drawings detailing the completed improvements as recorded by the construction
observer will be completed and furnished to the City in hard copy and electronic format.
These record drawings will and also integrated with the City’s GIS web application in
PDF. Utilities, signs, curb stops, and structures will located (horizontally) after
construction using a handheld GPS unit and will also be incorporated in the GIS
schematic layout as GIS entities.
The following is a preliminary schedule for the 2018 Street & Utility Improvements:
Preparation of Final Plans & Specifications .......................... December 6 – March 6, 2018
Approve Final Plans & Specifications / Set Bid Date / Set Assessment Hearing
Authorize Advertisement for Bids ................................................ March 6, 2018
Bid Opening ........................................................................................... April 10 - 12, 2018
Council Sets Public Assessment Hearing Date ........................................ April 17, 2018
Neighborhood Meeting 3 ........................................................................... May 1 - 10, 2018
Council Accepts Bids / Conduct Public Assessment Hearing /
Adopt Assessment Roll / Award Bid .............................................. May 15, 2018
Construction ...................................................................Late May – Early November 2018
B. ADDITIONAL SERVICES
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. Cost of postage for mass mailing (those with greater than 100 recipients).
2. All other services not specifically identified in Section A.
DETAILED WORK PLAN
ESTIMATED PERSON-HOURS
2018 STREET & UTILITY IMPROVEMENTS: FINAL DESIGN & CONSTRUCTION SERVICES
CITY OF HOPKINS, MINNESOTA
11/28/2017
CLIENT:CITY OF HOPKINS, MINNESOTA
PROJECT:
CONSULTANT:
2018 STREET & UTILITY IMPROVEMENTS: FINAL DESIGN & CONSTRUCTION SERVICES
BOLTON & MENK, INC.
Task No.Work Task Description
3.0 FINAL DESIGN & BIDDING
3.1 Utility Engineering and Design 40 60 100 220 420
3.2 Roadway Engineering and Design 40 100 400 540
3.3 Plan Set Production 100 180 500 780
3.4 Supplemental Topographic Survey 8 16 20 44
3.5 Private Utility, Met Council, & MnDOT Coordination 16 80 40 136
3.6 Construction Quantities and Cost Estimates 6 30 40 12 88
3.7 Construction Specifications 30 30 40 100
3.8 Permit Applications 2 8 16 16 4 46
3.9 Bidding Assistance, Addenda, Award Recommendation 12 12 20 20 64
3.10 Final Assessment Roll Preparation 4 20 24
3.11 QA / QC 32 12 44
3.12 Project Meetings (City Staff - 3), Public Communication 24 80 80 40 16 240
3.13 City Council Meeting (2 meetings)10 10 20
SUBTOTAL HOURS: TASK 3 216 68 478 796 324 500 40 8 16 20 80 2546
4.0 CONSTRUCTION SERVICES
4.1 Construction Phase Startup (Precon, Resident Coordination, Construction Staking Preparation, etc.)24 24 80 12 40 180
4.2 Construction Administration (26 weeks @ Waltman 3 hrs/week, Amatuccio 12 hrs/week)78 312 64 60 514
4.3 Construction Observation (26 weeks @ 60 hrs/week)1560 1560
4.4 Construction Staking 28 60 400 488
4.5 Record Drawings 4 8 40 52
4.6 Project Closeout, Punch List 20 40 100 160
4.7 GIS Integration 4 16 8 40 68
SUBTOTAL HOURS: TASK 4 130 0 400 0 1788 40 64 40 100 400 60 3022
TOTAL HOURS 346 68 878 796 2112 540 104 48 116 420 140 5568
Surveying
Technician
Survey Crew
(1-man)ClericalEngineering
Specialist
Construction
Observer
ESTIMATED PERSON-HOURS
TotalsPrincipal
Engineer Project Engineer Project Design
Engineer Design Engineer Web Specialist Survey Manager
/ L.S.
ESTIMATE OF PROJECT FEES
2018 STREET & UTILITY IMPROVEMENTS: FINAL DESIGN & CONSTRUCTION SERVICES
CITY OF HOPKINS, MINNESOTA
11/28/2017
CLIENT:CITY OF HOPKINS, MINNESOTA
PROJECT:
CONSULTANT:
2018 STREET & UTILITY IMPROVEMENTS: FINAL DESIGN & CONSTRUCTION SERVICES
BOLTON & MENK, INC.
TASK AVERAGE RATE:$161.00 $153.00 $124.00 $110.00 $115.00 $70.00 $95.00 $145.00 $100.00 $135.00 $79.00
3.0 FINAL DESIGN & BIDDING
3.1 Utility Engineering and Design $6,440.00 $9,180.00 $12,400.00 $24,200.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $52,220.00
3.2 Roadway Engineering and Design $6,440.00 $0.00 $12,400.00 $44,000.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $62,840.00
3.3 Plan Set Production $0.00 $0.00 $0.00 $11,000.00 $20,700.00 $35,000.00 $0.00 $0.00 $0.00 $0.00 $0.00 $66,700.00
3.4 Supplemental Topographic Survey $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $1,160.00 $1,600.00 $2,700.00 $0.00 $5,460.00
3.5 Private Utility, Met Council, & MnDOT Coordination $2,576.00 $0.00 $9,920.00 $0.00 $4,600.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $17,096.00
3.6 Construction Quantities and Cost Estimates $966.00 $0.00 $3,720.00 $4,400.00 $1,380.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $10,466.00
3.7 Construction Specifications $4,830.00 $0.00 $3,720.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $3,160.00 $11,710.00
3.8 Permit Applications $322.00 $1,224.00 $1,984.00 $1,760.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $316.00 $5,606.00
3.9 Bidding Assistance, Addenda, Award Recommendation $1,932.00 $0.00 $1,488.00 $2,200.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $1,580.00 $7,200.00
3.10 Final Assessment Roll Preparation $644.00 $0.00 $2,480.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $3,124.00
3.11 QA / QC $5,152.00 $0.00 $0.00 $0.00 $1,380.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $6,532.00
3.12 Project Meetings (City Staff - 3), Public Communication $3,864.00 $0.00 $9,920.00 $0.00 $9,200.00 $0.00 $3,800.00 $0.00 $0.00 $0.00 $1,264.00 $28,048.00
3.13 City Council Meeting (2 meetings)$1,610.00 $0.00 $1,240.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $2,850.00
SUBTOTAL FEES: TASK 3 $34,776.00 $10,404.00 $59,272.00 $87,560.00 $37,260.00 $35,000.00 $3,800.00 $1,160.00 $1,600.00 $2,700.00 $6,320.00 $279,852.00
4.0 CONSTRUCTION SERVICES
4.1 Construction Phase Startup (Precon, Resident Coordination, Construction Staking Preparation, etc.)$3,864.00 $0.00 $2,976.00 $0.00 $9,200.00 $0.00 $0.00 $1,740.00 $4,000.00 $0.00 $0.00 $21,780.00
4.2 Construction Administration (26 weeks @ Waltman 3 hrs/week, Amatuccio 12 hrs/week)$12,558.00 $0.00 $38,688.00 $0.00 $0.00 $0.00 $6,080.00 $0.00 $0.00 $0.00 $4,740.00 $62,066.00
4.3 Construction Observation (26 weeks @ 60 hrs/week)$0.00 $0.00 $0.00 $0.00 $179,400.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $179,400.00
4.4 Construction Staking $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $4,060.00 $6,000.00 $54,000.00 $0.00 $64,060.00
4.5 Record Drawings $644.00 $0.00 $992.00 $0.00 $4,600.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $6,236.00
4.6 Project Closeout, Punch List $3,220.00 $0.00 $4,960.00 $0.00 $11,500.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $19,680.00
4.7 GIS Integration $644.00 $0.00 $1,984.00 $0.00 $920.00 $2,800.00 $0.00 $0.00 $0.00 $0.00 $0.00 $6,348.00
SUBTOTAL FEES: TASK 4 $20,930.00 $0.00 $49,600.00 $0.00 $205,620.00 $2,800.00 $6,080.00 $5,800.00 $10,000.00 $54,000.00 $4,740.00 $359,570.00
TOTAL FEES $55,706.00 $10,404.00 $108,872.00 $87,560.00 $242,880.00 $37,800.00 $9,880.00 $6,960.00 $11,600.00 $56,700.00 $11,060.00 $639,422.00
Design Engineer
PROJECT FEES
Principal
Engineer
Project
Engineer
Project Design
Engineer
Survey Crew
(1-man)Clerical TotalsSurvey
Manager / L.S.
Construction
Observer
Surveying
Technician
Engineering
Specialist Web Specialist