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IV.3. Order Improvement – 2022 Trunk Watermain Rehabilitation, City Project 2021-05; Klingbeil !"#$ !" #$ % & ' () * %%#& $ ( + ( & +, ( + ) ' !- .*/ 0( ! 1 &+ & & .* #'()*"$# % & ! ./ ! . +*"#$,$-'("#$ #$ ! 2 & 1 3& 45 666666666666666666666666666666666 1 7!*1*+1 8% 9:$;;$/ <=>6<6 6!%) + 23%!1!*5 %!6> 66666666666666666666666666666666666666666 ++.+++ +!-'%'$" ' . ( + ) ' !& '"?* ' + & @ = * ' + @%!! "22 & & +* /!"* ,"($ " ' . + & (9$$#*' .9:;A 9 A * '%! .9:AA* ! + . (+ %! ( . && *% +* . &> B C*)&& & . & * /!"+!0 *1 !% 0 >& &= D + ; / 8 + ; /= 0 / 8 +"(--!''$ ("#$ & & #$* ! "#! $"%!#&#!&!'$(! #!') ! !$"! &*+,-,*(!!$" "&# %!&!$( !$" . ($"! % &!$"#!# (/ *0 $"!%""1##"% #& ! !" !&"" 0 ,0 $"!%!& !$"2$ !*3! #"&,-,*0! 4"" 5+-+6---0 70 89("0!& !#!% ! "#"#!(#$"!%0 ! !&$!: ""# "$"%"#!%0 +0 ! !&$!: ";$" &" 0 &!$"#!# (!*3! #"&,-,*0 <<<<<<<<<<<<<<<<<<<<<< => / <<<<<<<<<<<<<<<<<<<<<<<<<<<<<<< ?( ǣ̳̳̳ʹͲʹʹ̴̳ ̴̳ͲͻʹͶʹͳǤ September 24, 2021 Mr. Nate Stanley, P.E. Public Works Director City of Hopkins 1010 1st St S Hopkins, MN 55343 Re: Proposal for Professional Engineering and Surveying Services 2022 Trunk Watermain Improvements – Topographic Survey, Final Design, and Construction Admin. City of Hopkins, Minnesota Mr. Stanley: We are pleased to offer you our proposal for professional engineering and surveying services for the final design and construction phases of the City of Hopkins’ 2022 Trunk Watermain Improvements. This proposal is based on the preliminary engineering report and in the form of our standard agreement consistent with past projects. Our proposed efforts include all remaining engineering efforts on the project, totaling $348,804 for 2,278 proposed labor hours. The enclosed Detailed Work Plan and Estimate of Project Fees further detail our proposed level of effort. In addition to the enclosed standard agreement, Exhibit I details our proposed process and scope of work to be performed. The schedule presented in Exhibit I illustrates a streamlined schedule, for council meetings, consistent with the approach followed in years past for assessment projects. Upon authorization, we will proceed with survey and subsequent final design of the improvements immediately to meet the schedule listed in the preliminary engineering report. As always, thank you for allowing Bolton & Menk, Inc. to submit this proposal for your consideration. Upon your review and approval of this agreement, please sign each copy of the agreement, and return them both to our office. I will return a fully executed copy to you. If you have any questions regarding this proposal or would like to discuss any of its details, please do not hesitate to call me. We truly appreciate and value our continued working relationship with the City of Hopkins. Sincerely, ŽůƚŽŶΘDĞŶŬ͕/ŶĐ͘ Michael J. Waltman, P.E. Principal Engineer Burnsville Office Manager City of Hopkins September 24, 2021 1 EXHIBIT I SCOPE OF WORK: FINAL DESIGN & CONSTRUCTION PHASE ENGINEERING SERVICES FOR CITY OF HOPKINS, MINNESOTA 2022 TRUNK WATERMAIN IMPROVEMENTS A. BASIC SERVICES In accordance with the Preliminary Engineering Report for the 2022 Trunk Watermain Improvements, the City of Hopkins has designated the following watermains for construction in 2022: North Service Drive/TH 7, Hopkins Crossroad to Oak Ridge Rd Robinwood Lane, North Service Drive to the Water Treatment Plant Crossings of Trunk Highway 7: i. 17th Ave N/Hopkins Crossroad ii. 15th Ave N iii. 12th Ave N (add alternative) iv. 5th Ave N/Oak Ridge Rd Building from tasks 1 through 5 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 6: Topographic Survey and Mapping Bolton & Menk, Inc. will complete a topographic survey of the existing conditions along critical locations within the project area, mainly at open cut excavations and pits for trenchless work. The survey will be completed within the right-of-way and will include all visible features such as, but not limited to, pavements, curb lines, manholes, catch basins, valves, sidewalks, turf areas, driveways, power poles, trees, gardens, mailboxes, retaining walls, etc. All underground utility information will be located and described per available as-builts, field markings, and private utility map information. Manhole reports will also be completed for located manholes and catch basins. Right-of-way will be illustrated based on found field monumentation and plat information. Existing condition base mapping will be developed based on a composite of the survey information (collected in areas of planned surface disruption) coupled with available LIDAR based ground data (over areas not planned for surface disruption). Aerial photography will be used as background information for areas where survey data is not collected to illustrate the planned/existing watermain alignments in unexcavated areas. Task 7: Geotechnical Evaluation City of Hopkins September 24, 2021 2 Braun Intertec will complete the project geotechnical as per the attached proposal and the following scope of work: • Staking, obtain utility clearance through the Gopher State One Call process, and securing permitting approval from MnDOT for the soil investigation work by Braun Intertec • Drilling 10 borings to 15 feet (14 1/2 nominal depth to avoid MDH requirements) at the trenchless pit locations (within green space) indicated in the preliminary engineering, with a float-tire drill rig. • Braun assumes temporary traffic control is not required, including assumptions that the underground utilities located through the Gopher State One Call process do not require the borings to deviate from the proposed locations and located within active roadways requiring traffic control. • Laboratory testing of soil samples collected through boring, including moisture content and percent passing the #200 sieve • Producing an engineering analysis and report with a summary of work performed, sketch of locations, boring logs, recommendations for HDD, grading, materials Bolton & Menk will use this information as the basis for the project design. The geotechnical information will also be included in the project bidding documents. Task 8: Final Design & Bidding Services Final Design Final design for the Trunk Watermain Improvements will be completed with the Preliminary Engineering Report submitted by Bolton & Menk, Inc. in September, 2021 used as the initial basis for design. Final plans and specifications will be completed in compliance with the City of Hopkins’ Engineering Guidelines and consistent with plan content of past Street & Utility Improvement projects, with some differences due to the unique nature of a completely trenchless utility project. Detailed construction plans will be prepared in Civil3D design software at 25 scale. The plans and specifications will include: • Plan and profile views of the utility improvements at 25 scale. • Required construction details and restoration plans. • Special provisions for elements of work not addressed in the MnDOT 2020 Standard Construction Specifications. • Construction phasing/staging plans to coordinate construction of the trunk watermain with plans for temporary water. • Temporary traffic control plans for necessary detours or temporary access routes to residences and businesses in the project area. 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. Coordination with other agencies will occur as necessary including MnDOT, Met Transit, the Minnehaha Creek Watershed District, and the Hopkins School District. City of Hopkins September 24, 2021 3 Upon completion of construction plans and specifications, a final estimate of construction cost will be prepared and submitted to the City of Hopkins. 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 two (2) City Staff meetings for design review and two (1) City Council meetings for final plan presentation. Task 9: Public Engagement & Meetings As with all public improvement projects, public engagement is a valuable method for gathering information and opinions. A project website will be created that will be updated throughout the design process and construction, with an option for the public to sign up for email and text updates. Bolton & Menk will also distribute invitations to and facilitate one neighborhood meetings for discussion about the project during this project phase: • The public meeting will be held in-person if allowed with COVID-19 policies. We anticipate that social distancing guidelines can be met with the anticipated participant levels, and a virtual presentation of the public meeting could be posted to the project website for those that do not want to attend an in-person meeting. • The neighborhood meeting is planned to be held during the final design process. the intended focus of discussion will be: o Communicating the proposed improvements to residents o Communicating the impacts to residents such as temporary surface impacts, temporary traffic control changes, and water service interruptions o Collecting input from residents and business owners on the proposed improvements o Communicating the proposed construction schedule and what to expect during the construction process o Providing resources and contact information for residents during construction o Fielding resident questions and concerns about the construction process Tasks 10: 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 watermain pipe, hydrants, and bends; storm sewer pipe, manholes, and catch basins. Curb stakes will be provided where segments of curb to be replaced are greater than 50 lineal feet. Construction Observation and Administration This project is proposed to be constructed during the 2022 construction season and is anticipated to occur over multiple phases of construction starting as early as late April finishing by early November. The total duration of the project is estimated to last 18 weeks. The projected fee estimate is therefore based upon a 18-week construction season. Estimated average billing rates have been used in this proposal to estimate the fees during City of Hopkins September 24, 2021 4 the 2021 design season as well as the 2022 construction season. Part time construction observation is proposed for this project with the understanding that experienced inspection staff will also be serving the City of Hopkins part time on the 2022 Street & Utility Improvements 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 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, preparing and mailing out monthly newsletters to residents, and preparation of pay estimates. Observation and administration services will be completed on an hourly basis. 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 also be integrated with the City’s GIS web application in PDF. Utilities, curb stops, and structures will be located (horizontally) after construction using a handheld GPS unit and will also be incorporated in the GIS schematic layout as GIS entities. City of Hopkins September 24, 2021 5 The following is a preliminary schedule for the 2022 Trunk Watermain Improvements: Topographic Survey, Collect Existing Condition Data ................................. October, 2021 Geotechnical Evaluation ...................................................... October - November 20, 2021 Preparation of Final Plans & Specifications ........................ October, 2021 - January, 2022 Public Informational Meeting ...................................................................... November 2021 Approve Final Plans & Specifications / Authorize Advertisement for Bids ........................................... January 18, 2022 Bid Opening ............................................................................................ February 18, 2022 Council Awards Contract .......................................................................... March 1, 2022 Construction ......................................................................................... May - October 2022 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. City of Hopkins Standard Agreement (Modified from 2004 Standard Form) VER. 12/05/2017 Page 1 of 9 AGREEMENT FOR PROFESSIONAL SERVICES 2022 TRUNK WATERMAIN IMPROVEMENTS TOPOGRAPHIC SURVEY, FINAL DESIGN, & CONSTRUCTION PHASE ENGINEERING SERVICES CITY OF HOPKINS, MINNESOTA This Agreement, made this 24th day of September 2021, by and between CITY OF HOPKINS, 1010 1st St S, 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 2022 TRUNK WATERMAIN 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. City of Hopkins Standard Agreement (Modified from 2004 Standard Form) VER. 12/05/2017 Page 2 of 9 D. The CLIENT will give prompt notice to the CONSULTANT whenever the CLIENT observes or otherwise becomes aware of any defect in the proposed project. E. The CLIENT shall designate a liaison person to act as the CLIENT'S representative with respect to services to be rendered under this Agreement. Said representative shall have the authority to transmit instructions, receive instructions, receive information, interpret and define the CLIENT'S policies with respect to the project and CONSULTANT'S services. 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. City of Hopkins Standard Agreement (Modified from 2004 Standard Form) VER. 12/05/2017 Page 3 of 9 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 $150-280/Hour Sr. Project Manager – Principal Engineer/Surveyor $145-225/Hour Project Manager $130-195/Hour Project/Design Engineer /Planner $115-190/Hour Licensed Surveyor $145-185/Hour Project Surveyor $125-175/Hour Specialist (Nat. Resources; GIS; Traffic; Other) $85-175/Hour Senior Technician (Inc. Survey1) $105-180/Hour Technician (Inc. Survey1) $95-150/Hour Administrative Support & Clerical $85-98/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) is estimated to be $348,804. 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. City of Hopkins Standard Agreement (Modified from 2004 Standard Form) VER. 12/05/2017 Page 4 of 9 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 City of Hopkins Standard Agreement (Modified from 2004 Standard Form) VER. 12/05/2017 Page 5 of 9 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 City of Hopkins Standard Agreement (Modified from 2004 Standard Form) VER. 12/05/2017 Page 6 of 9 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. City of Hopkins Standard Agreement (Modified from 2004 Standard Form) VER. 12/05/2017 Page 7 of 9 J. 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. 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. City of Hopkins Standard Agreement (Modified from 2004 Standard Form) VER. 12/05/2017 Page 8 of 9 P. 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. 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. [remainder of the page intentionally blank] City of Hopkins Standard Agreement (Modified from 2004 Standard Form) VER. 12/05/2017 Page 9 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: City of Hopkins, Minnesota CONSULTANT: Bolton & Menk, Inc. Mike Waltman, P.E., BMI Office Manager 9/24/2021 Date Date DETAILED WORK PLANESTIMATED PERSON-HOURS2022 TRUNK WATERMAIN IMPROVEMENTS: SURVEY, GEOTECH, FINAL DESIGN, & CONSTRUCTIONCITY OF HOPKINS, MINNESOTA9/24/2021CLIENT: CITY OF HOPKINS, MINNESOTAPROJECT:CONSULTANT:2022 TRUNK WATERMAIN IMPROVEMENTSBOLTON & MENK, INC.Task No. Work Task Description6.0 Topographic Survey & Project Mapping6.1 Plat Research 88166.2 GSOC (1 Meet, 8 Marking & 1 Mapping Ticket)482 2166.3 Initial Project Setup Calculations88166.4 Set Horizontal & Vertical Control2214186.5 Topographic Survey8 2002086.6 Manhole Inventories & Reports22240466.7 Data Processing, Drafting & Mapping2436426.8 Right of Way Determiniation and Report Review 1 1 1416SUBTOTAL HOURS: TASK 6 105005064256023787.0 Geotechnical Evaluation7.1 Geotechnical Engineering by Braun Intertec07.2 Review of Geotechnical Engineering444127.3 Implementing Soil Borings and Geotechnical Information into Plans88SUBTOTAL HOURS: TASK 7 4440800000208.0 Final Design & Bidding8.1 Trenchless Utility Engineering & Design 8 16 8 16488.2 Plan Set Production8 16 120 1803248.3 Private Utility Coordination48408608.4 Construction Quantities & Cost Estimates 4 4 12 20 20608.5 Construction Specifications4416 816488.6 Permit Applications & Coordination with Other Agencies 4 12 12 12408.7 Bidding Assistnace, Addenda, Award Recommendation 4 12 8 816488.8 QA/QC4168288.9 Project Meeting with City Staff (2)66126308.10 City Council Meetings (1)448SUBTOTAL HOURS: TASK 8 50 58 108 194 252 0 0 0 0 32 6949.0 Public Engagement9.1 Preparation for Neighborhood Meeting448 8 44329.2 Conduct Neighborhood Meeting4444169.3 Website and Updates20 165086SUBTOTAL HOURS: TASK 9 883216800058413410.0 Construction Services10.1 Construction Phase Startup (Precon, Resident Coordination, Construction Staking Prep, etc.) 10 10 20 3087810.2 Construction Administration40 60 18028010.3 Construction Observation (18 weeks @ 30 hrs/week)54054010.4 Construction Staking612456310.5 Project Closeout & Punch List520406510.6 Record Drawings4242810.7 GIS Integration21618SUBTOTAL HOURS: TASK 10 55 70 226 650 0 6 12 45 0 8 1072TOTAL HOURS 114 136 371 860 260 56 76 301 58 46 2278Communications SpecialistSurvey CrewESTIMATED PERSON-HOURSPrincipal In ChargeProject ManagerClericalTotalsPrincipal Trenchless EngineerDesign Engineer Survey ManagerConstruction ObserverSurvey Technician ESTIMATE OF PROJECT FEES2022 TRUNK WATERMAIN IMPROVEMENTS: SURVEY, GEOTECH, FINAL DESIGN, & CONSTRUCTIONCITY OF HOPKINS, MINNESOTA9/24/2021CLIENT: CITY OF HOPKINS, MINNESOTAPROJECT:CONSULTANT:2022 TRUNK WATERMAIN IMPROVEMENTSBOLTON & MENK, INC.TASKAVERAGE RATE: $190.00 $180.00 $155.00 $146.00 $112.00 $175.00 $106.00 $160.00 $102.00 $94.006.0Topographic Survey & Project Mapping6.1Plat Research $0.00 $0.00 $0.00 $0.00 $0.00 $1,400.00 $848.00 $0.00 $0.00 $0.00 $700.00 $2,9486.2GSOC (1 Meet, 8 Marking & 1 Mapping Ticket) $0.00 $0.00 $0.00 $0.00 $0.00 $700.00 $848.00 $320.00 $0.00 $188.00 $0.00 $2,0566.3Initial Project Setup Calculations$0.00 $0.00 $0.00 $0.00 $0.00 $1,400.00 $848.00 $0.00 $0.00 $0.00 $0.00 $2,2486.4Set Horizontal & Vertical Control$0.00 $0.00 $0.00 $0.00 $0.00 $350.00 $212.00 $2,240.00 $0.00 $0.00 $0.00 $2,8026.5Topographic Survey$0.00 $0.00 $0.00 $0.00 $0.00 $1,400.00 $0.00 $32,000.00 $0.00 $0.00 $0.00 $33,4006.6Manhole Inventories & Reports$0.00 $0.00 $310.00 $0.00 $0.00 $350.00 $212.00 $6,400.00 $0.00 $0.00 $0.00 $7,2726.7Data Processing, Drafting & Mapping$0.00 $0.00 $310.00 $0.00 $0.00 $700.00 $3,816.00 $0.00 $0.00 $0.00 $0.00 $4,8266.8Right of Way Determiniation and Report Review $190.00 $0.00 $155.00 $0.00 $0.00 $2,450.00 $0.00 $0.00 $0.00 $0.00 $0.00 $2,795SUBTOTAL FEES: TASK 6 $190.00 $0.00 $775.00 $0.00 $0.00 $8,750.00 $6,784.00 $40,960.00 $0.00 $188.00 $700.00 $58,3477.0Geotechnical Evaluation7.1Geotechnical Engineering by Braun Intertec$0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $10,527.00 $10,5277.2Review of Geotechnical Engineering$760.00 $720.00 $620.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $2,1007.3Implementing Soil Borings and Geotechnical Information into Plans $0.00 $0.00 $0.00 $0.00 $896.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $896SUBTOTAL FEES: TASK 7 $760.00 $720.00 $620.00 $0.00 $896.00 $0.00 $0.00 $0.00 $0.00 $0.00 $10,527.00 $13,5238.0Final Design & Bidding8.1Trenchless Utility Engineering & Design $1,520.00 $2,880.00 $1,240.00 $0.00 $1,792.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $7,4328.2Plan Set Production$1,520.00 $0.00 $2,480.00 $17,520.00 $20,160.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $41,6808.3Private Utility Coordination$760.00 $0.00 $1,240.00 $5,840.00 $896.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $8,7368.4Construction Quantities & Cost Estimates$760.00 $720.00 $1,860.00 $2,920.00 $2,240.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $8,5008.5Construction Specifications$760.00 $720.00 $2,480.00 $0.00 $896.00 $0.00 $0.00 $0.00 $0.00 $1,504.00 $0.00 $6,3608.6Permit Applications & Coordination with Other Agencies $760.00 $2,160.00 $1,860.00 $0.00 $1,344.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $6,1248.7Bidding Assistnace, Addenda, Award Recommendation $760.00 $0.00 $1,860.00 $1,168.00 $896.00 $0.00 $0.00 $0.00 $0.00 $1,504.00 $0.00 $6,1888.8QA/QC$760.00 $2,880.00 $1,240.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $4,8808.9Project Meeting with City Staff (2)$1,140.00 $1,080.00 $1,860.00 $876.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $4,9568.10City Council Meetings (1)$760.00 $0.00 $620.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $1,380SUBTOTAL FEES: TASK 8 $9,500.00 $10,440.00 $16,740.00 $28,324.00 $28,224.00 $0.00 $0.00 $0.00 $0.00 $3,008.00 $0.00 $96,2369.0Public Engagement9.1Preparation for Neighborhood Meeting$760.00 $720.00 $1,240.00 $0.00 $896.00 $0.00 $0.00 $0.00 $408.00 $376.00 $0.00 $4,4009.2Conduct Neighborhood Meeting$760.00 $720.00 $620.00 $0.00 $0.00 $0.00 $0.00 $0.00 $408.00 $0.00 $0.00 $2,5089.3Website and Updates$0.00 $0.00 $3,100.00 $2,336.00 $0.00 $0.00 $0.00 $0.00 $5,100.00 $0.00 $0.00 $10,536SUBTOTAL FEES: TASK 9 $1,520.00 $1,440.00 $4,960.00 $2,336.00 $896.00 $0.00 $0.00 $0.00 $5,916.00 $376.00 $0.00 $17,44410.0Construction Services10.1Construction Phase Startup (Precon, Resident Coordination, Construction Staking Prep, etc.) $1,900.00 $1,800.00 $3,100.00 $4,380.00$0.00 $0.00 $0.00 $0.00 $0.00 $752.00 $0.00 $11,93210.2Construction Administration$7,600.00 $10,800.00 $27,900.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $46,30010.3Construction Observation (18 weeks @ 30 hrs/week) $0.00 $0.00 $0.00 $78,840.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $78,84010.4Construction Staking$0.00 $0.00 $0.00 $0.00 $0.00 $1,050.00 $1,272.00 $7,200.00 $0.00 $0.00 $0.00 $9,52210.5Project Closeout & Punch List$950.00 $0.00 $3,100.00 $5,840.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $9,89010.6Record Drawings$0.00 $0.00 $620.00 $3,504.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $4,12410.7GIS Integration$0.00 $0.00 $310.00 $2,336.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $2,646SUBTOTAL FEES: TASK 10 $10,450.00 $12,600.00 $35,030.00 $94,900.00 $0.00 $1,050.00 $1,272.00 $7,200.00 $0.00 $752.00 $0.00 $163,254TOTAL FEES $22,420 $25,200 $58,125 $125,560 $30,016 $9,800 $8,056 $48,160 $5,916 $4,324 $11,227 $348,804PROJECT FEESPrincipal In ChargeProject ManagerClericalDesign EngineerSurvey ManagerConstruction ObserverSurvey TechnicianContracted/ Specialty ServicesCommunications SpecialistSurvey Crew TotalPrincipal Trenchless Engineer