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CR 08-014 Street & Utility Improvement Project (2008)HOPKINS February 4, 2008 Council Report 2008 -014 Proposed Action. Staff recommends adoption of the following motion: Move that Council adopt Resolution 2008- 013, Resolution Ordering Improvement after Public Hearing, 2008 Street and Utility Improvement project, Project 07 -10, and companion Resolution 2008 -014, stating City's intent to sell revenue bonds to fund this project, and authorize the Mayor and City Manager to enter into an agreement with Bolton and Menk, Inc. for project engineering services. This action continues an assessable project for street improvements. Overview. At the September 14, 2007 meeting the Hopkins City Council authorized Bolton and Menk, Inc. to prepare a feasibility report concerning street improvements on Minnetonka Mills Road and 2nd Street NE between 5 Avenue North and Blake Road. The report was presented to City Council at its January 2, 2008 meeting and a public hearing was ordered for February 4, 2008. Hearing notices have been mailed to all affected property owners of record. In accordance with state statutes, City Council needs to conduct the public hearing and determine authorization of the project. Following the public hearing, if the project is ordered City Council is asked to authorize the engineering services for the project and to state the City's intent to sell revenue bonds to fund the project. Primary Issues to Consider. • Scope of improvements • Public Input • Project costs, assessments and budget • Engineering Services • Schedule • Staff recommendation Supporting information. • Public Hearing Notice, Affidavit of Mailing and Proposed Pending Assessment Roll • Engineering Services Agreement • Resolutions 2008 -013 and 2008 -014 • Feasibility Report John R. Bradford, City Engineer G\T Y OF Public Hearing 2008 Street and Utility Improvement Project City Project 07 -10 Financial Impact: $ 1.67M Budgeted: Y/N Y Source: Utilities, PIR, SA, MSA & Utility Funds Related Documents (CIP, ERP, etc.): CIP Notes: _ Council Report 2006 -151 Page 2 Scope of Improvements Proposed street improvements include complete reconstruction of Minnetonka Mills Road between 5th Avenue North and approximately 150 feet east of Hwy 169 with asphalt pavement, concrete curb and gutter. The proposed street is 32 feet from curb to curb which is 2 feet narrower than the current width. We are proposing to not allow parking on this street as head in parking is available at the park, and in the lot just west of Burns park. The addition of sidewalk also allows to narrower street without compromising pedestrian safety. Additional improvements include a crosswalk at Burns Drive, and a narrowed section (28 feet) at the regional trail for pedestrian safety. These improvements will also aid in traffic calming. Proposed water main upgrades are limited to the voluntary water service replacement program that was instituted in last several year's street improvement projects and hydrant replacement. The water service replacement program shares the cost of replacing water service from the water main to the right of way line between the resident and City. The City would pay 1/3 of the pipe and installation costs. There is only one residence with a water service on Minnetonka Road. Additionally, there are three residences on the south side of Minnetonka Mills Road with water services that run south to 2nd Street North across other private property. We are proposing to stub water service into these properties so that they may connect to them in the future. This cost would not be assessed to the property owners. Proposed sanitary sewer improvements include minor reconstruction of manhole tops to match street grades and either sewer lining or line replacement on Minnetonka Mills Road between 5th Avenue North and Sweet Briar Lane. The work is necessary due to the condition of the existing sewer main. Additionally, manholes made with block will be sealed to reduce inflow and infiltration of groundwater into the sewer system. Proposed storm sewer upgrades include extension of storm sewer from the intersection of Minnetonka Mills Road and 5th Avenue North to Burns Drive. Additional storm sewer catch basins are needed from Campbell Drive to Hwy 169. A mill and overlay is proposed for 2nd Street NE from the end of the regional trail taper to Blake Road. Council Report 2006 -151 Page 3 Public Input A public information meeting was held on December 13, 2007, and a resident survey questionnaire was sent in the mail. Responses and feedback gathered through the returned questionnaires have generally noted the erosion along Minnetonka Mills Road and the desire for a sidewalk or trail. The minutes of the information meeting are in Appendix E of the attached feasibility report. Project Costs & Assessments The CIP estimated budget for the proposed project included the following: Project Budget PIR $100,000 MSA 856,000 Assessments 327,000 Utility Funds 327,000 Total 1,673,000 The estimated assessment rates are: $140.18 /front foot for non - residential properties with frontage, $60.08 /front foot for residential properties with frontage (based on 30% of cost, cap = $68.13), and $612.24/unit for the 129 assessable properties without frontage. The actual assessments will be based upon the construction contract amount. See page 18 -19 of report for more detail on assessment rates and appendix C for the preliminary assessment roll. The CIP estimated budget for the proposed project included the following: PIR $100,000 MSA 750,000 Assessments 450,000 Utility Funds 260,000 I/1 Reduction Funds (san sewer funds) 89,000 Total 1,649,000 Council Report 2006 -151 Page 4 Engineering Services Bolton and Menk, Inc. proposes to offer plan /specification preparation, construction staking and inspection, project administration and record drawings at a cost of $183,562. This proposal is roughly 13.5% of a projected construction cost of $1,359,000. This rate compares favorably with previous projects, including the 2006 and 2007 street improvement project. Schedule Sept 14, 2007 Dec 13, 2007 Jan 2, 2008 Feb 5, 2008 Apr, 15, 2008 May 6, 2008 June 17, 2008 June 17, 2008 July 2008 Oct. 2008 Staff Recommendation Order Feasibility Study Neighborhood Meeting Approve Feasibility Study, Order Public Hearing Public hearing, order project, and final design Approve plans & Specifications, Authorize Bidding Accept bids, Order Assessment Hearing Assessment Hearing Award construction Contract Begin construction Substantial completion of construction Staff recommends ordering this improvement project with adoption of Resolution 2006- 090 and adopting companion resolution 2006 -091. Staff further recommends authorizing the Mayor and City Manager to enter into an agreement with Bolton and Menk, Inc. for engineering services related to this project. AGREEMENT FOR PROFESSIONAL SERVICES FINAL DESIGN, CONSTRUCTION OBSERVATION, ADMINISTRATION & STAKING 2008 STREET AND UTILITY IMPROVEMENTS CITY OF HOPKINS, MINNESOTA This Agreement, made this 28th day of January, 2008, by and between CITY OF HOPKINS, 1010 l 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 2008 STREET AND UTILITY IMPROVEMENTS — FINAL DESIGN, CONSTRUCTION OBSERVATION, ADMINISTRATION & STAKING and whereas the CONSULTANT agrees to furnish the various professional services required by the CLIENT. NOW, THEREFORE, in consideration of the mutual covenants and promises between the parties hereto, it is agreed: SECTION I - CONSULTANT'S SERVICES A. The CONSULTANT agrees to perform the various Basic Services in connection with the proposed project as described in Exhibit I. B. Upon mutual agreement of the parties hereto, Additional Services may be authorized as described in Exhibit I or as described in Paragraph IV.B. SECTION II - THE CLIENT'S RESPONSIBILITIES A. The CLIENT shall promptly compensate the CONSULTANT in accordance with Section III of this Agreement. B. The CLIENT shall place any and all previously acquired information in its custody at the disposal of the CONSULTANT for its use. Such information shall include but shall not be limited boundary surveys, topographic surveys, preliminary sketch plan layouts, building plans, soil surveys, abstracts, deed descriptions, tile maps and layouts, aerial photos, utility agreements, environmental reviews, and zoning limitations. The CONSULTANT may rely upon the accuracy and sufficiency of all such information in performing services unless otherwise instructed, in writing, by CLIENT. C. The CLIENT will guarantee access to and make all provisions for entry upon both public and private portions of the project and pertinent adjoining properties. D. The CLIENT will give prompt notice to the CONSULTANT whenever the CLIENT observes or otherwise becomes aware of any defect in the proposed project. E. The CLIENT shall designate a liaison person to act as the CLIENT'S representative with respect to services to be rendered under this Agreement. Said representative shall have the authority to Public Standard Agreement (2004 Form) VER. 6/22/2006 Page 1 of 9 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. Public Standard Agreement (2004 Form) VER. 6/22/2006 Page 2 of 9 A. FEES. SECTION III - COMPENSATION FOR SERVICES 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 Principal Engineer /Surveyor $120- 180/Hour Associate Engineer /Surveyor $95- 140/Hour Project/Design Engineer $55- 130/Hour Licensed Surveyor $70- 130 /Hour Project Surveyor $50- 90/Hour Senior Technician $55- 120/Hour Technician $40- 90/Hour Clerical $30- 85/Hour GPS/Robotic Survey Equipment $45- 60/Hour 2. Total cost for the services itemized under Section I.A (Basic Fee) shall include a Final Design fee not to exceed $79,434.00, and an estimated hourly Construction Services fee of $104,128.00. Therefore, the total estimated contract fee is $183,562.00. Itemization of this fee is as shown in the attached DETAILED WORK PLAN and PROJECT FEES tables. 3. In addition to the foregoing, CONSULTANT shall be reimbursed at cost plus an overhead fee (not -to- exceed 10 %) for the following Direct Expenses when incurred in the performance of the work. a. CLIENT approved outside (facilities not owned by CONSULTANT) computer services. b. CLIENT approved outside professional and technical services. c. Outside reproduction and reprographic charges. d. Expendable field supplies and special field equipment rental. e. Other costs for such additional items and services that the CLIENT may require the CONSULTANT to provide to fulfill the terms of this Agreement. 4. Additional services as outlined in Section I.B will vary depending upon project conditions and will be billed on an hourly basis at the rate described in Section III.A.1. B. The payment to the CONSULTANT will be made by the CLIENT upon billing at intervals not more often than monthly at the herein rates. Public Standard Agreement (2004 Form) VER. 6/22/2006 Page 3 of 9 A. STANDARD OF CARE B. CHANGE IN PROJECT SCOPE C. LIMITATION OF LIABILITY SECTION IV - GENERAL 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. In the event the CLIENT changes or is required to change the scope of the project from that described in Section I and/or the applicable addendum, and such changes require Additional Services by the CONSULTANT, the CONSULTANT shall be entitled to additional compensation at the applicable hourly rates. The CONSULTANT shall give notice to the CLIENT of any Additional Services, prior to furnishing such additional services. The CLIENT may request an estimate of additional cost from the CONSULTANT, and upon receipt of the request, the CONSULTANT shall furnish such, prior to authorization of the changed scope of work. CONSULTANT shall indemnify, defend, and hold harmless CLIENT and its officials, agents and employees from any loss, claim, liability, and expense (including reasonable attorneys' fees and expenses of litigation) arising from, or based in the whole, or in any part, on any negligent act or omission by CONSULTANT'S employees, agents, or subconsultants. In no event shall CLIENT be liable to CONSULTANT for consequential, incidental, indirect, special, or punitive damages. CLIENT shall indemnify, defend, and hold harmless CONSULTANT and its employees from any loss, claim, liability, and expense (including reasonable attorneys' fees and expenses of litigation) arising from, or based in the whole, or in any part, on any negligent act or omission by CLIENT'S employees, agents, or consultants. In no event shall CONSULTANT be liable to CLIENT for consequential, incidental, indirect, special, or punitive damages. Nothing contained in this Agreement shall create a contractual relationship with or a cause of action in favor of a third party against either the CLIENT or the CONSULTANT. The CONSULTANT'S services under this Agreement are being performed solely for the CLIENT'S benefit, and no other entity shall have any claim against the CONSULTANT because of this Agreement or the performance or nonperformance of services provided hereunder. The CLIENT agrees to include a provision in all contracts with contractors and other entities involved in this project to carry out the intent of the paragraph. D. INSURANCE The CONSULTANT agrees to maintain, at the CONSULTANT'S expense, statutory worker's compensation coverage. The CONSULTANT also agrees to maintain, at CONSULTANT'S expense, general liability insurance coverage insuring CONSULTANT against claims for bodily injury, death or property damage arising out of CONSULTANT'S general business activities (including automobile use). Public Standard Agreement (2004 Form) VER. 6/22/2006 Page 4 of 9 The liability insurance policy shall provide coverage for each occurrence in the minimum amount of $1,000,000. During the period of design and construction of the project, the CONSULTANT also agrees to maintain, at CONSULTANT'S expense, Professional Liability Insurance coverage insuring CONSULTANT against damages for legal liability arising from an error, omission or negligent act in the performance of professional services required by this agreement, providing that such coverage is reasonably available at commercially affordable premiums. For purposes of this agreement, "reasonably available" and "commercially affordable" shall mean that more than half of the design professionals practicing in this state in CONSULTANT'S discipline are able to obtain coverage. The professional liability insurance policy shall provide coverage for each occurrence in the amount of $1,000,000 and annual aggregate of $1,000,000 on a claims -made basis. Upon request of CLIENT, CONSULTANT shall provide CLIENT with certificates of insurance, showing evidence of required coverages. E. OPINIONS OR ESTIMATES OF CONSTRUCTION COST Where provided by the CONSULTANT as part of Exhibit I or otherwise, opinions or estimates of construction cost will generally be based upon public construction cost information. Since the CONSULTANT has no control over the cost of labor, materials, competitive bidding process, weather conditions and other factors affecting the cost of construction, all cost estimates are opinions for general information of the CLIENT and the CONSULTANT does not warrant or guarantee the accuracy of construction cost opinions or estimates. The CLIENT acknowledges that costs for project financing should be based upon contracted construction costs with appropriate contingencies. F. CONSTRUCTION SERVICES It is agreed that the CONSULTANT and its representatives shall not be responsible for the means, methods, techniques, schedules or procedures of construction selected by the contractor or the safety precautions or programs incident to the work of the contractor. G. USE OF ELECTRONIC/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 Public Standard Agreement (2004 Form) VER. 6/22/2006 Page 5 of 9 responsibility of the CLIENT to verify compatibility with its system and long -term stability of media. CLIENT shall indemnify and hold harmless CONSULTANT and its Subconsultants from all claims, damages, losses, and expenses, including attorneys' fees arising out of or resulting from third party use or any adaptation or distribution of electronic /digital data provided under this AGREEMENT, unless such third party use and adaptation or distribution is explicitly authorized by this AGREEMENT. H. REUSE OF DOCUMENTS Drawings and Specifications and all other documents (including electronic versions of any documents) prepared or furnished by CONSULTANT pursuant to this AGREEMENT are instruments of service in respect of the Project and CONSULTANT shall retain exclusive ownership and property interest therein whether or not the Project is completed. The CONSULTANT shall be deemed the author of these documents and shall retain all common law, statutory and other reserved rights including the copyright. CLIENT may make and retain copies for information and reference in connection with the use and occupancy of the Project by CLIENT and others; however, such documents are not intended or represented to be suitable for reuse by CLIENT or others on extensions of the Project or on any other project. Any reuse by CLIENT or any other entity without written verification or adaptation by CONSULTANT for the specific purpose intended will be at CLIENT'S sole risk and without liability or legal exposure to CONSULTANT and CLIENT shall indemnify, defend and hold harmless CONSULTANT from all claims, damages, losses and expenses including attorney's fees arising out of or resulting therefrom. Any such verification or adaptation will entitle CONSULTANT to further compensation at rates to be agreed upon by CLIENT and CONSULTANT. I. PERIOD OF AGREEMENT This Agreement will remain in effect for the longer of a period of two years or such other explicitly identified completion period, after which time the Agreement may be extended upon mutual agreement of both parties. J. PAYMENTS If CLIENT fails to make any payment due CONSULTANT for services and expenses within thirty days after date of the CONSULTANT'S invoice, a service charge of one and one -half percent (1.5 %) per month or the maximum rate permitted by law, whichever is less, will be charged on any unpaid balance. In addition after giving seven days' written notice to CLIENT, CONSULTANT may, without waiving any claim or right against the CLIENT and without incurring liability whatsoever to the CLIENT, suspend services and withhold project deliverables due under this Agreement until CONSULTANT has been paid in full all amounts due for services, expenses and charges. K. TERMINATION This Agreement may be terminated by either party for any reason or for convenience by either party upon seven (7) days written notice. Public Standard Agreement (2004 Form) VER. 6/22/2006 Page 6 of 9 In the event of termination, the CLIENT shall be obligated to the CONSULTANT for payment of amounts due and owing including payment for services performed or furnished to the date and time of termination, computed in accordance with Section III of this Agreement. L. CONTINGENT FEE The CONSULTANT warrants that it has not employed or retained any company or person, other than a bona fide employee working solely for the CONSULTANT to solicit or secure this Contract, and that it has not paid or agreed to pay any company or person, other than a bona fide employee, any fee, commission, percentage, brokerage fee, gift or any other consideration, contingent upon or resulting from award or making of this Agreement. M. NON - DISCRIMINATION The provisions of any applicable law or ordinance relating to civil rights and discrimination shall be considered part of this Agreement as if fully set forth herein. The CONSULTANT is an Equal Opportunity Employer and it is the policy of the CONSULTANT that all employees, persons seeking employment, subcontractors, subconsultants and vendors are treated without regard to their race, religion, sex, color, national origin, disability, age, sexual orientation, marital status, public assistance status or any other characteristic protected by federal, state or local law. N. CONTROLLING LAW This Agreement is to be governed by the law of the State of Minnesota. O. DISPUTE RESOLUTION CLIENT and CONSULTANT agree to negotiate all disputes between them in good faith for a period of 30 days from the date of notice of dispute prior to proceeding to formal dispute resolution or exercising their rights under law. Any claims or disputes unresolved after good faith negotiations shall first be submitted to mediation utilizing the Minnesota District Court Rule 114 Roster. Disputes not resolved by mediation shall then be submitted to arbitration in accordance with provisions of the Construction Industry Arbitration Rules of the American Arbitration Association. CONSULTANT and the CLIENT agree to require an equivalent dispute resolution process governing all contractors, sub - contractors, suppliers, consultants, and fabricators concerned with this project. P. SURVIVAL All obligations, representations and provisions made in or given in Section IV of this Agreement will survive the completion of all services of the CONSULTANT under this Agreement or the termination of this Agreement for any reason. Public Standard Agreement (2004 Form) VER. 6/22/2006 Page 7 of 9 Q. SEVERABILITY Any provision or part of the Agreement held to be void or unenforceable under any law or regulation shall be deemed stricken, and all remaining provisions shall continue to be valid and binding upon CLIENT and CONSULTANT, who agree that the Agreement shall be reformed to replace such stricken provision or part thereof with a valid and enforceable provision that comes as close as possible to expressing the intention of the stricken provision. Public Standard Agreement (2004 Form) VER. 6/22/2006 Page 8 of 9 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: CONSULTANT: Bolton & Menk, Inc. Date Date Mark D. Kasma, BMI Office Manager Marcus A. Thomas, Associate Engineer Public Standard Agreement (2004 Form) VER. 6/22/2006 Page 9 of 9 EXHIBIT I FINAL DESIGN, CONSTRUCTION OBSERVATION, ADMINISTRATION & STAKING 2008 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 2008 Street and Utility Improvements. The project areas include: • Minnetonka Mills Road, 5 Avenue N. to Approx. 400' East of TH 169: Reconstruction • 2 " Street Northeast, Approx. 400' East of TH 169 to Blake Road: Mill & Overlay • St. Louis Street, 2 Street NE to Jackson Avenue: Crack Repairs Detailed tasks associated with the work are itemized in the attached Detailed Work Plan and are described as follows: Task 1: Final Design Final design for the 2008 Street and Utility Improvements will be completed based on the Preliminary Engineering Report completed by Bolton & Menk, Inc. in December 2007. Detailed construction plans will be prepared in CAD, illustrating plan and profile views of the street reconstruction and utility improvements. Mill *and overlay improvements will be illustrated in plan view only, utilizing the City of Hopkins' existing GIS mapping data. Cross sections will be shown for reconstructed streets at a maximum of 50' spacing. Designs for sidewalks and trails will be illustrated in plan view and will be illustrated in profile and cross section only as necessary. Final design will also include meetings with adjacent property owners as required to establish design parameters for the sidewalk and trail improvements. Required construction details and tabulations will be completed. Final designs and tabulations will be in accordance with Municipal State Aid (MSA) requirements, and final plans will be submitted to Mn/DOT's State Aid Office for review, comments, and approval. Special Provisions, construction cost estimates, and assessment rolls will also be prepared. Final plans and specifications will also be completed in compliance with the City of Hopkins' Engineering Guidelines. Final plans will be submitted for review and comment by private utility owners. Permit applications will be completed as noted in the Preliminary Engineering Report. 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 one (2) City Staff meetings for design review and two (2) City Council meetings for final plan presentation and an assessment hearing. Task 2: Construction Services Construction Staking Construction staking indicating cuts to the line and grade of the proposed utilities will be performed at intervals of no more than 100 feet. Curb stakes will be set along the reconstructed roadways at intervals of no more than 50 feet. Staking for sidewalks and trails will be set at intervals of no more than 50 feet. City of Hopkins T16.22221 1 January 28, 2008 Construction Observation and Administration Full time construction observation is proposed for this project. 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 of all materials testing, maintenance of construction documentation, and communication with affected property owners, as necessary, to address their construction- related concerns and issues. Administration duties include a pre- construction meeting, weekly project meetings, review of shop drawings, and preparation of pay estimates. Observation and administration services will be completed on an hourly basis. The projected fee estimate is based upon a 16 -week construction schedule. Estimated weekly time spent for observation and administration is 55hrs /wk and 12hrs /wk, respectively. In accordance with MSA requirements, the City of Hopkins will be required to contract with a materials testing firm to complete independent materials testing in accordance with Mn/DOT's Schedule of Materials Control. This proposal does not include these services. We recommend that the City consider a separate proposal from American Engineering Testing, Inc. for these services, as they completed the initial geotechnical evaluation for this project. Record Drawings Record drawings detailing the completed improvements as recorded by the construction observer and the City of Hopkins' contractor will be completed and furnished to the City in hard copy and electronic format. 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. All other services not specifically identified in Section A. City of Hopkins T16.22221 2 January 28, 2008 1 061 1 88 001 rt I of 1 O 85 1 r r I rzol I oss Z61 I 891 I l I z>til 9CtiZ 1Jtia1D i 0 r1 , r Survey Crew rl rl .RSON- HQUR.' Construction Observer 088 07.6 1126 0r 001 0t: r 0, 0 r - 89z Design Engineer 0r 09 Ot r 0, OZ 09 09 Ot Project Engineer Oc OZ OZ O OZ OZ O OZ OZ r 961 89' r9ti Project Manager 96 I rr 1 CLIENT: CITY OF HOPKINS. MINNESOTA PROJECT: 2008 STREET & UTILITY IMPROVEMENTS: FINAL DESIGN & CONSTRUCTION CONSULTANT: BOLTON & MENK. INC. Work Task Description FINAL DESIGN ugtsaQ pur. flutaaaur8uB ,<1110, - 1 ( Roadway Engineering and Design Pedestrian Facility Design and Coordination Municipal State Aid Project Coordination - f Private Utility Coordination Construction Quantities and Cost Estimates Construction Specifications Permit Applications Bidding Assistance Final Assessment Roll Preparation City Staff Meeting (2 meetings) City Council Meeting (2 meetings SUBTOTAL HOURS: 'TASK 1 CONSTRUCTION SERVICES ( Construction Observation (16 weeks @ 55 hrs /week) Construction Administration (16 weeks @ 12 hrs /week) Construction Staking Record Drawings SUBTOTAL HOURS: TASK 2 TOTAL HOURS 0'1 oN Isr1. f 1 r■■ 't r \o ! - 60 CT 1 z t 1C1 1 2008 STREET & UTILITY IMPROVEMENTS: FINAL DESIGN & CONSTRUCTION CITY OF HOPKINS, MINNESOTA ESTIMATED PERSON-HOURS DETAILED WORK PLAN slntoZ 1 099'8$ I00•0Z9'171$ 1 00'096'9$ O '006`L$ I00'OSt'£$ l oo . osvols OZI'8$ 100 £17$ 0£0'8$ loo •OOS'£$ 100 1007,16'i$ $79,434.00 100'017Z19$ 100'008'91$ $16,000.001 00 880`L$ 0082 1'1701$ 1001.9$'£8I$ TDIJalD 1 oo'SS$ 100 1 000$ 100'0$ 100'0$ 100'0$ 1000$ 100001 `I $ $220.001 100 100 1000$ 00'0$ 00 00'0$ 00 00 00 00'0$ [00'0L6'Z$ Survey Crew 00'0015 00 1000$ 100'0$ 1000$ 1000$ 100'0$ 1000$ 1000$ 1000$ 00 00 00 100'0$ 00 00 00'000`Z IS 00 00 1$ loo•000'zi$ Construction Observer 1 00'£L$ 00 00 00'0$ 00'0$ 00'0$ 00'0$ 00 00O$ 00 100 1°°°$ 00 00'0$ Off Ot'Z't9$ 00 00 00 00'091'L9$ 100'09I'L9$ j PROJE Engineering Technician 100'9L$ 100'0170`£$ 100 009 L$ 100 1o0'o8z'E$ 100 100o170`£S 100 0$ 100 0$ 1 00 09L$ l oom 1 00170 £ $ 00170£$ 00'89£'OZ$ 00 00'0$ 00'0170'£$ 00 00'080'9$ 1 $26,438.001 Design Engineer $70.001 00'008'2$ 00 00 100'008'2$ 1 0000'I$ 1 00 OOZ`t$ I 00'OOc.'t $ 1 00'008'2$ 1 00'008`2$ 1 oo oo l$ 100 0$ 100'0$ 00'00L'8Z$ 00 00 00•0$ 00'05 00'0$ 0000L`8z$ Project Engineer 100'18$ 1 00 . 029'1$ 1000Z9`I$ 1 00'029` I $ $1,620.001 100'018$ 1 00 . 0Z9'1$ 1 00 . 0i.79'1$ 100'0I8$ 1 00'029'1$ 100 100'8179$ 100'8179$ 00'9L8'S1$ 00 00 00 00 00809'£1$ 100 t8t'6z$ Project Manager I 00ow 00 1$ 100 002' I $ 1 00'096$ 1 00 I $ 1 00'081$ 1 00'002`1$ 1 00 . 002`1$ 00 1 oo o '1$ 00 00096$ 00'096$ $11,520.00 00 00'018'£$ 00'096$ 00 0O'08Z'S$ 00'008'91$ CLIENT: CITY OF HOPKINS, MINNESOTA PROJECT: 2008 STREET & UTILITY IMPROVEMENTS: FINAL DESIGN & CONSTRUCTION CONSULTANT: BOLTON & MENK. INC. AVERAGE R,1TE: FINAL DESIGN ( Utility Engineering and Design Roadway Engineering and Design Pedestrian Facility Design and Coordination Municipal State Aid Project Coordination 1 Private Utility Coordination ',Construction Quantities and Cost Estimates 1 Construction Specifications suoi1e3gddV lnwad, Bidding Assistance Final Assessment Roll Preparation City Staff Meeting (2 meetings) 1 City Council Meeting (2 meetings) SUBTOTAL FEES: TASK 1 CONSTRUCTION SERVICES Construction Observation (16 weeks @ 55 hrs /week) Construction Administration (16 weeks @ 12 hrs /week) 1 Construction Staking 1 Record Drawings SUBTOTAL FEES: TASK 2 TOTAL FEES NSV.L ° 1 I.' I. 1 3' I 1 £1 I 1 S I 1 9 I. 1 L 1 6'1 1 01.I 1 11.1 1 Z11 03 IZ Z3 1 sz 1 17'3 2008 STREET & UTILITY IMPROVEMENTS: FINAL DESIGN & CONSTRUCTION CITY OF HOPKINS, MINNESOTA PROJECT FEES CITY OF HOPKINS Hennepin County, Minnesota RESOLUTION NO. 2008 -013 RESOLUTION ORDERING PUBLIC IMPROVEMENT, 2008 STREET IMPROVEMENT PROJECT, PROJECT NO. 07 -10 WHEREAS, a resolution of the City Council adopted the 2nd day of January, 2008 fixed a date for a Council Hearing on the proposed street improvements to Minnetonka Mills Road and 2nd Street NE between 5 Avenue North and Blake Road including asphalt roadway, concrete curb and gutter installation and water, sanitary and storm 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 given, and the hearing was held thereon on the 4 day of February, 2008 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. 2. Such improvement is hereby ordered as proposed in the Council Resolution adopted the 2nd day of January, 2008. The total estimated project cost is $1,673,000. 3. Bolton and Menk, Inc. is hereby designated as the engineer for this improvement. The engineer shall prepare plans and specifications for the making of such improvement. Adopted by the City Council of the City of Hopkins this 4 day of February, 2008. ATTEST: Terry Obermaier, City Clerk Eugene J. Maxwell, Mayor ATTEST: CITY OF HOPKINS HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2008 -014 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 (THE CITY) AS FOLLLOWS: 1. The City intends to incur expenditures for the project described in Council Report 2008 -014, for City Project 07 -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 07 -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 4 day of February, 2008. Terry Obermaier, City Clerk By Eugene J. Maxwell, Mayor