CR 2003-147 Engeneering Services Agreement 2004 Street & Utility Improvements
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CITY Or: !
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October 7, 2003
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I HOPKINS:
Council Report 2003-147
Approve Engineering Services Agreement
2004 Street & Utility Improvements
First Street North
City Project 03-10
Proposed Action
Staff recommends adoption of the following motion: Move that Council authorize the Mayor and
City Manager to enter into an agreement with Bolton & Menk, Inc. and STS Consultants, Ltd. for
Preliminary Topographic services and Geotechnical Engineering Services related to 2004 Street and
Utility Improvements.
Overview
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The 2004 - 2008 CIP identifies street and utility improvements for the year 2004 along 1 st Street
North from 17th Avenue North to 21 st Avenue North. On September 17, 2003 the City Council
authorized preparation of a feasibility study for this project. City staff indicated at that time that staff
would prepare the report. Additionally it was noted that consultants would prepare a portion of the
background information related to the preparation of the report. This information includes
topographic survey and geotechnical services. Staff has solicited proposals for these services and is
recommending the City enter into contracts for these services. Proposals for the topographic services
were solicited along with qualifications for future phases of the project. Proposals for geotechnical
services were solicited for preliminary site investigation and design recommendations. At this time
staff is requesting the City Council authorize entering into agreements with Bolton & Menk, Inc for
topographic survey services and with STS Consultants, Ltd. for Geotechnical services as detailed in
the attached contracts for the 2004 Street & Utility Improvement Project.
Primary Issues to Consider
. Topographic Survey Costs
. Geotechnical Services Costs
. Selection Process
. Project budget
. Project Schedule
Supporting Information
. Consultant Rating results
. Bolton & Menk, Inc. proposal
. STS Consultants, Ltd. posal
J~ p:;;', Assistant City Engineer
. Project Location Map
. P.I.R. Fund Projection
. Storm Sewer Fund Projection
Financial Impact: $ 8,105 Budgeted: Y IN L Source: Utility Funds, PIR Funds, Special
Assessments Related Documents (CIP, ERP, etc.): CIP
Notes:
Council Report 2003-147
Page 2
Primary Issues to Consider
. Topographic Survey Costs
The cost of the topographic survey work as proposed by the three consultants is as
follows:
$4,985.00 Short Elliot Hendrickson Inc.
$2,986.00 Bonnestroo, Rosene Anderlik & Associates
$5,430.00 Bolton & Menk Inc.
The cost of the topographic survey work is a relatively small part of the total
project and as such was weighted with only 15% ofthe total score in the selection
process, which is explained in more detail below.
. Geotechnical Service Costs
The cost of the geotechnical services as proposed by the three consultants is as
follows:
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$3,770.00 American Engineering Testing, Inc.
$2,675.00 STS Consultants Ltd.
$4,150.00 Braun Intertec Corporation
The cost of the topographic survey work is a relatively small part of the total
project and as such was weighted with only 15% of the total score in the selection
process, which is explained in more detail below.
. Selection Process
Three proposals were solicited for the topographic survey. Proposals were
submitted by Short Elliot Hendrickson Inc., Bonnestroo, Rosene Anderlik &
Associates, & Bolton & Menk Inc. The Request for Proposal (RFP) asked for a
cost to prepare the topographic survey as well as a statement of qualifications for
final design and construction services. Steve Stadler, John Anderson and Rich
Hill rated the proposals. The proposals were rated on number of weighted
criteria. A weighted score was calculated and the scores were compared with one
another. Bolton & Menk's proposal was the one with the highest weighted score
and was selected as the consultant. Staff is recommending Bolton & Menk, Inc.
for the topographic survey services.
Council Report 2003-147
Page 3
Three proposals were solicited for Geotechnical engineering services. Proposals
were submitted by American Engineering Testing, Inc., STS Consultants Ltd.,
and Braun Intertec Corporation. The RFP asked for a cost to prepare a
geotechnical report on the soils along 1 st Street No. Additionally the RFP
requested a statement of qualifications on the firm for the work. The proposals
were rated much like the topographic survey proposals. STS Consultants'
proposal was the one with the highest weighted score and was selected as the
consultant. Staff is recommending STS Consultants Ltd., for the geotechnical
serVIces.
. Project budget
The 2004 CIP budget for this project is $371,000 ($90,000 from the City PIR
fund, $200,000 from special assessments, and $81,000 from the Storm Sewer
Utility Fund). These are estimates and are open to change contingent on level of
improvement and extent of utility work.
Recent cost estimates place the project cost closer to $685,000 ($130,000 from the
City PIR fund, $290,000 from special assessments, and $265,000 from the Storm
Sewer Utility Fund). The increases in funding needs between those shown in the
CIP budget and our preliminary cost estimates are $40,000 from the City PIR
fund, $90,000 from special assessments, and $184,000 from the Storm Sewer
Utility Fund. The working capital projections for the PIR fund and Storm sewer
fund are attached. The fund projections show that these increases can be covered
by the funds and do not create a negative balance in these funds. The feasibility
study will detail project costs much more accurately, these numbers should be
available in early November based on the current project schedule.
. Project Schedule
09/16/2003
10/07/2003
10/29/2003
11/04/2003
12/02/2003
02/17/2004
03/16/2004
04/20/2004
05/18/2004
05/30/2004
09/30/2004
Order Feasibility Study
Approve Consultant Agreement
Neighborhood Meeting
Approve Feasibility Study, Order Public Hearing
Public hearing, order project, award Design contract to consultant
Approve plans & Specifications, Authorize Bidding
Accept bids, Order Assessment Hearing
Assessment Hearing
Award construction Contract
Begin construction
Complete construction
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E30L- TOI'J &. 1'-'1 E: I'J 1<, II'JC.
Consulting Engineers & Surveyors
1515 East Highway 13 · Burnsville, MN 55337-6857
Phone (952) 890-0509. FAX (952) 890-8065
September 29,2003
Mr. John Anderson, P.E.
Assistant City Engineer
City of Hopkins
1010 First Street South
Hopkins, MN 55343
Re: Agreement for Professional Services
2004 Street & Utility Improvements - Topographic Survey
City of Hopkins, Minnesota
BMI Project No. T16.21260
Dear Mr. Anderson:
Enclosed, please find two (2) copies of our Agreement for the above referenced project.
Please review this agreement, sign both copies, and return them both to our office. We
will return one (1) fully executed copy to you for your records. If you have any questions
regarding this Agreement, please do not hesitate to call. Thank you for allowing Bolton
& Menk, Inc., to be of service to you and the City of Hopkins.
Sincerely yours,
BOLTON & MENK, INe.
C111MUU-,4 ~t14-
Marcus A. Thomas, P.E., Associate
Project Manager
Attachment
MANKATO · FAIRMONT · SLEEPY EYE · BURNSVILLE · WILLMAR · CHASKA
AMES, IA · L1BERlY, MO
An Equal Opportunity Employer
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AGREEMENT FOR PROFESSIONAL SERVICES
2004 STREET AND UTILITY IMPROVEMENTS
TOPOGRAPHIC SURVEY
CITY OF HOPKINS, MINNESOTA
This Agreement, made this _ day of _,2003, by and between City of Hopkins, 1010 First Street South,
Hopkins, Minnesota 55343-7573, hereinafterreferred to as CLIENT, and BOLTON &MENK, INC., 1515 E
Highway 13, Burnsville, MN 55337-2917, hereinafter referred to as CONSULTANT.
WITNESS, whereas the CLIENT requires professional services in conjunction with 2004 Street and Utility
Improvements, Topographic Survey and whereas the CONSULTANT agrees to furnish the various profes-
sional 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 1.
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.
City of Hopkins
T16.21260
September 29,2003
Page 1 of8
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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 to 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.
C. The CLIENT will guarantee access to and make all provisions for entry upon both public and private
portions of the project and pertinent adjoining properties.
D. The CLIENT will give prompt notice to the CONSULTANT whenever the CLIENT observes or
otherwise becomes aware of any defect in the proposed project.
E.
The CLIENT shall designate a liaison person to act as the CLIENT'S representative with respect to
services to be rendered under this Agreement. Said representative shall have the authority to
transmit instructions, receive instructions, receive information, interpret and define the CLIENT'S
policies with respect to the project and CONSULTANT'S services.
F.
The CLIENT shall provide such legal, accounting, independent cost estimating and insurance
counseling services as may be required for completion oftlle 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
Tl6.21260
September 29, 2003
Page 2 of8
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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 actually spent in performance of Agreement services.
SCHEDULE OF FEES
The following Schedule of Fees is based upon competent, responsible engineering and surveying
services and is the minimum, below which adequate professional standards cannot be maintained. It is,
therefore, to the advantage of both the Professional Engineer or Surveyor and the Client, that fees be
commensurate with the service rendered.
Principal Engineer/Surveyor ....................................... $130-150/Hour
Associate Engineer/Surveyor ........................................ $85-120/Hour
Project/Design Engineer.................. .............................. $55-105/Hour
Licensed Surveyor.. ..................... .................................. $70-100/Hour
Project Surveyor ...... ..... .............. .............................. ....... $50-75/Hour
Senior Technician........... ............ ................................... $55-1 05/Hour
Technician...................................... ................................. $40-75/Hour
Clerical and Administrative Support............................... $30-65/Hour
GPSlRobotic Survey Equipment..................................... $40-50/Hour
AutoCAD/Computer Time................................................. .No Charge
Office Supplies................................................................... .No Charge
Photo CopyinglReproduction.... '" .......................... .............No Charge
Field Supplies/Survey Stakes & Equipment.......................No Charge
Mileage.......................................................... ..................... .No Charge
Charges are based on hours spent at hourly rates in effect for the individuals performing the work. The
hourly rates for Principals, Senior Associates, Associates and members of the staff vary according to
skill and experience. The Schedule of Fees shall apply for the period through December 31, 2003.
These rates may be adjusted annually thereafter to account for changed labor costs, inflation or changed
overhead conditions.
These rates include labor, general business and other normal and customary expenses associated with
operating a professional business. Unless otherwise agreed, the above rates include vehicle and personal
expenses, mileage, telephone, survey stakes and routine expendable supplies; and no separate charges
will be made for these activities and materials. Expenses beyond the agreed scope of services and non-
City of Hopkins
Tl6.21260
Page 3 of8
September 29,2003
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routine expenses, such as large quantities of prints, extra report copies, out-sourced graphics and
photographic reproductions, document recording fees, outside professional and technical assistance and
other items ofthis general nature, will be invoiced out separately. Rates and charges do not include sales
tax, if applicable.
2. Total cost for the servIces itemized under Section LA (Basic Fee) shall not exceed
$5,430.00.
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. Owner approved outside professional and technical services.
b. Identifiable reproduction and repro graphic charges.
c. Other acceptable costs for such additional items and services as may be required by the
CLIENT to fulfill the terms of this Agreement.
4. Additional services as outlined in Section LB will vary depending upon project conditions and will
be billed on an hourly basis at the rate described in Section IILA.I.
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.
City of Hopkins
T16.21260
September 29,2003
Page 4 of8
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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 ofthe Consultant's profession currently practicing under
similar conditions. No warranty, express or implied, is made.
B. CHANGE IN PROJECT SCOPE.
In the event the CLIENT changes or is required to change the scope of the project from that described in
Section I and/or the applicable addendum, and such changes require Additional Services by the
CONSULTANT, the CONSULTANT shall be entitled to additional compensation at the applicable hourly
rates. The CONSULTANT shall give notice to the CLIENT of any Additional Services, prior to furnishing
such additional services. The CLIENT may request an estimate of additional cost from the CONSULTANT,
and the CONSULTANT shall furnish such, prior to authorizing the changed scope of work.
C. LIMITATION OF LIABILITY.
To the fullest extent permitted by law, and notwithstanding any other provision of this Agreement, the total
liability in the aggregate, of CONSULTANT and CONSULTANT'S officers, directors, partners, employees,
agents and sub-consultants, and any of them, to CLIENT and anyone claiming by, through or under CLIENT,
for any and all claims, losses, costs or damages whatsoever arising out of, resulting from or in any way
related to the Project or the Agreement from any cause or causes, including but not limited to the negligence,
professional errors or omissions, strict liability or breach of contract or warranty, express or implied, of
CONSULTANT or CONSULT ANT'S officers, directors, partners, employees, agents or sub-consultants or
any of them, shall not exceed the total compensation received by CONSULTANT under this Agreement or
the total amount of $5,430.00, whichever is greater.
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
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.
In that the CLIENT has previously determined the justification and need for the proposed improvements and
controls operation ofthe completed project, the CLIENT agrees to, the fullest extent permitted by law, to
limit and hold harmless the CONSULTANT from any liability to any person, firm or corporation arising
from claims relating to the justification (or improper justification), maintenance and operation of the project.
City of Hopkins
T16.21260
September 29,2003
Page 5 of8
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D. 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.
E. INSURANCE.
The CONSULTANT agrees to maintain, at the CONSULTANT'S expense, statutory worker's compensation
coverage.
The CONSULTANT also agrees to maintain such general liability insurance for claims arising for bodily
injury, death or property damage which may arise from the negligent performance by the CONSULTANT or
its employees of its day-to-day general business activities (such as automobile use) and exclusive of the
performance of the professional services described in this Agreement.
F. REUSE OF DOCUMENTS.
All documents including Drawings and Specifications 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 i~ 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. Any reuse 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 includingattomey'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.
G. 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 ofthe CLIENT and no warranty or guarantee as to the accuracy of construction cost opinions or
estimates is made. The CLIENT agrees that costs for project financing shall be based upon actual,
competitive bid prices with reasonable contingencies.
H. PAYMENTS.
If CLIENT fails to make any payment due CONSULTANT for services and expenses within thirty days after
date ofthe 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,
CONSULTANT may, after giving seven days' written notice to CLIENT, suspend services under this
City of Hopkins
T16.21260
September 29,2003
Page 6 of 8
Agreement until CONSULTANT has been paid in full all amounts due for services, expenses and charges.
1. TERMINATION.
This Agreement may be terminated by either party for any reason or for convenience by either party upon
seven (7) days written notice.
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.
1. 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.
K. 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.
L. CONTROLLING LAW.
This Agreement is to be governed by the law of the principal place of business of CONSULTANT.
M. 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.
N. SEVERABILITY
Any provision or part ofthe Agreement held to be void or unenforceable under any law orregulation shall be
deemed stricken, and all remaining provisions shall continue to be valid and binding upon OWNER 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.
.
City of Hopkins
T16.21260
September 29,2003
Page 7 of8
.
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
CONSULTANT: BOLTON & MENK, INC.
Eugene 1. Maxwell, Mayor
Mark D. Kasma, BMI Office Manager
Steven C. Mielke, City Manager
Marcus A. Thomas, Associate Engineer
Date
Date
City of Hopkins
T16.21260
September 29,2003
Page 8 of8
EXHIBIT I
.
2004 STREET AND UTILITY IMPROVEMENTS
TOPOGRAPHIC SURVEY
CITY OF HOPKINS, MINNESOTA
A. BASIC SERVICES
In accordance with the City of Hopkins' Request for Proposals (RFP), Bolton &
Menk, Inc. will complete a topographic survey of the 2004 Street and Utility
Improvement Project area. This area includes First Street North from a point 100 feet
east of 17th Avenue North to the west side of Shady Oak Road. The topography will
be completed along this corridor from face of house to face of house and will extend
100 feet along the intersecting roadways, excluding Shady Oak Road. The
topography will include all features as specified in the RFP. All underground utility
information will be located and described per available as-builts, field markings, and
private utility map information. Right-of-way will be illustrated based on found field
monumentation and plat information received from the City.
Bolton & Menk, Inc., will prepare electronic drawings of the topographic survey in
Microstation version 8.0 format. These drawings will include a base map of the
project area, plan & profile of the project corridor at an HN: 1 "=30' 11 "=3' scale, and
cross sections of the corridor at 25-foot intervals. Stationing and sheet layout shall
meet the City of Hopkins' requirements. Microstation level format and point
descriptions shall meet the City of Hopkins' requirements. Deliverables to the City of
Hopkins will include electronic and hard copies of the described drawings. In
addition to the submittal requirements of the RFP, Bolton & Menk, !rIc., will also
provide the City of Hopkins with all EaglePoint project files generated in conjunction
with plans, profiles, and cross sections. This information will assist the City in
completing preliminary engineering and the project's feasibility study.
Bolton & Menk, Inc., will complete the field topography and submit the deliverables
as described above to the City of Hopkins by October 22,2003.
B. ADDITIONAL SERVICES
Consulting services performed other than those authorized under Section LA. 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
T16.21260
September 29, 2003
Page 1 of 1
R~ STS
CONSULTANTS
STS Consultants, Ltd.
10900 73rd Avenue North, Suite 150
Maple Grove, Minnesota 55369-5547
voice 763-315-6300
fax 763-315-1836
web www.stsconsultants.com
September 23, 2003
City of Hopkins
Engineering Department
1010 - 1 st Street South
Hopkins, MN 55343
Attn: Mr. John M. Anderson, P.E.
Assistant City Engineer
Re: 2004 Geotechnical Engineering Proposal; STS Proposal 12077PP
Dear Mr. Anderson:
We understand the City of Hopkins is proposing to repair the pavement and upgrade utilities along 1st
Street North from 17th Avenue North to 21 st Avenue North. This will involve increasing the size of the
storm water sewer pipe to 36 inches in diameter with associated bedding and backfill materials for either
reinforced concrete pipe or HDPE pipe. The pavement along this alignment will also be repaired by either
partial or full depth milling or total replacement.
To evaluate the existing pavement and subgrade conditions, as well as determine pavement design
alternatives, you are requesting eight soil borings to an approximate depth of 15 feet below the ground
surface (two each block of investigation) be performed to determine the depth of existing street paving
materials, aggregate base and subgrade soil classification. These borings will also provide the basis for
pipe bedding and backfill recommendations and the need for drain tile, or geotextile placement.
The soil boring locations will be selected in conjunction with you and marked in the field with your
concurrence. Boring locations will be cleared for utilities using the Gopher State One Call system. We
request that the City of Hopkins provide ground surface elevations at each boring location if they are
necessary.
We will complete the drilling and sampling using a truck mounted drill rig and two person crew. The crew
will carefully drill through the existing pavement, measuring the thickness of asphalt and aggregate base
materials prior to further drilling and sampling. Auger sampling will be conducted in general accordance
with ASTM Specification D-1452, the dead pull auger sampling method. Soils will be preliminarily
classified in the field, with representative samples placed in glass jars for further evaluation by an
experienced geotechnical engineer. Each boring location will be backfilled with soil cuttings and patched
with asphaltic material tamped in place. Our report will include a diagram showing the boring locations,
logs of pavement and soil strata encountered, will describe the soil and groundwater conditions
encountered in the borings and present our recommendations for engineering considerations. These will
include suitability of subsoils for pavement support, utility pipe bedding, backfill and trench preparation for
pavement support, as well as pavement support R-value, recommended pavement cross-section
thicknesses and the need for substructure or pavement drainage and geotextile use.
Schedule
Based on your anticipated notice to proceed at the Hopkins City Council meeting on October 7, 2003,
STS would be able to complete the requested scope of work including report preparation by October 22,
2003.
P612077PP-1.DOC
100 LH.a (4/02)
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.
City of Hopkins
STS Proposal 12077PP
September 23, 2003
Page 2
Project Fees
Based on your requested scope of work, STS proposes to complete the geotechnical exploration and
preparation of our report for a lump sum fee of $2,675. If additional services are requested, these will be
provided in accordance with the unit rates shown on the attached fee schedule and/or estimate sheet
attached.
Qualifications
STS has provided similar services for numerous municipal clients. Some of these clients include:
City of Brooklyn Park: Doran Cote, P.E., City Engineer, 763/493-8101
City of Champlin: Jack Bittle, P.E., City Engineer, 763/421-8100
City of Minnetonka: Lee Gustafson, P.E., City Engineer, 952/939-8200
General Conditions
We have attached to this proposal our General Conditions and Fee Schedule which are expressly
incorporated into, and are an integral part of, our contract for professional services. Please indicate your
acceptance of this proposal by having an authorized representative of your firm execute one copy and
return it to the undersigned. If we are given verbal or written notification to proceed, without first receiving
a signed copy of our proposal, it will be mutually understood that both of us will, nonetheless, be
contractually bound by the proposal, even in the absence of written acceptance by you. In any event, a
signed copy of this proposal will need to be returned to STS before a written report can be submitted.
Your acceptance of our proposal confirms that the terms and conditions are understood, including
payment to STS Consultants, Ltd. upon receipt of the invoice, unless specifically arranged otherwise in
writing. Of course, should you wish to discuss the terms, conditions, and provisions of our proposal, we
would be pleased to do so at your earliest convenience.
We look forward to having the opportunity to be of continued service to the City of Hopkins with this
project. If you have any questions about the contents of this proposal, please do not hesitate to contact
me at 763/315-6300.
Sincerely,
ACCEPTED:
STS CONSULTANTS, LTD.
Date
James H. Overtoom, P.E.
Principal Engineer
Firm
JHO/dn
Encs.: STS General Conditions
STS Fee Schedule
Cost Estimate Sheet
Authorized Signature
Title
@ 12077PP, STS Consultants, Ltd., September 2003
P612077PP-1.DOC
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PROPOSAL FOR SERVICES
TERMS AND CONDITIONS
BILLINGS AND PAYMENTS
STS shall submit invoices monthly for services performed and expenses
incurred and not previously billed. Payment is due upon Client's receipt of
invoice. For all amounts unpaid after 30 days from the invoice date, as set
forth on STS' invoice form, the Client agrees to pay a finance charge of one
and one-half percent (1-1/2%) per month, eighteen percent (18%) annually.
The fees described in this agreement may be adjusted annually on the
anniversary date of the effective date of this agreement.
The Client's obligation to pay for the services performed by STS under this
agreement shall not be reduced or in any way impaired by or because of the
Client's inability to obtain financing, zoning, approval of govemmental or
regulatory agencies, or any other cause, reasons, or contingency.
ACCEPTANCE
If STS is given verbal or written notification to proceed, without first receiving a
signed copy of this Proposal for Services, it will be mutually understood that
Client and STS will, nonetheless, be contractually bound by this Proposal for
Services, even in the absence of written acceptance by Client. A signed copy
of this Proposal for Services must be returned to STS before a written report
can be submitted,
.
SAFETY
It Is understood and agreed that, with respect to Project site health and safety,
STS is responsible solely for the safe performance by its field personnel of their
activities in performance of the required services. It is expressly agreed that
STS' professional services hereunder do not involve any responsibility for the
protection and safety of persons on and about the Project nor is STS to review
the adequacy of job safety on the Project. It is further understood and agreed,
and not in limitation of the foregoing, that STS shall not be in charge of, and
shall have no control or responsibility over any aspect of the erection,
construction or use of any scaffolds, hoists, cranes, stays, ladders, supports or
other similar mechanical contrivances or safety devices as defined and
interpreted under any structural work act or other statute, regulation or
ordinance relating in any way to Project safety.
Client shall provide, at its expense, facilities and labor necessary to afford STS
field personnel access to sampling, testing, or observation locations in
conformance with federal, state, and local laws, ordinances and regulation
specifically, including, but not limited to regulations set forth in OSHA 29 CFR
1926.
SAMPLES
STS reserves the right to discard samples immediately after testing. Upon
request, the samples will be shipped, (shipping charges collected) or stored at
the rate indicated in the fee schedule attached.
STANDARD OF CARE
STS represents that it will perform its services under this agreement in
conformance with the care and skill ordinanly exercised by reputable members
of the professional engineering community practicing under similar conditions
at the same time in the same or similar locality.
NO OTHER WARRANTY OF ANY KIND, EXPRESSED OR IMPLIED, AT
COMMON LAW OR CREATED BY STATUTE, IS EXTENDED, MADE, OR
INTENDED BY THE RENDITION OF CONSULTING SERVICES OR BY
FURNISHING ORAL OR WRITTEN REPORTS OF THE FINDINGS MADE.
STS is not responsible for supervising, directing, controlling or otherwise being
in charge of the construction activities at the Project site, or supervising,
directing, controlling or otherwise being in charge of the actual work of the
contractor, its subcontractors, or other materialmen or service providers not
engaged by STS.
HAZARDOUS SUBSTANCES
It shall be the duty of the Client to notify STS of any known or suspected
hazardous substances or constituents which are or may be present at or
contiguous to the Project site or which may otherwise affect the services to be
provided. Such hazardous substances shall include. but not be limited to, any
substance which poses or may pose a present or potential hazard to human
health or the environment whether contained in a product, material, by-product,
waste or sample and whether it exists in a solid, liquid, semi-solid or gaseous
form. The Client shall notify STS of all such hazardous substances of which it
has knowledge or which it reasonably suspects exist upon entering into this
agreement. Thereafter, disclosure and notification to STS shall be required as
soon as practicable upon discovery of any other hazardous substances or upon
discovery of increased concentrations of previously disclosed hazardous
substances.
.
Following disclosure as set forth in the preceding paragraph, or if any
hazardous substances or conditions are discovered or reasonably suspected
by STS after its services are undertaken, STS may, at its discretion, suspend
its services until reasonable measures have been taken
T&C_PROP.DOC 3/98
at the Client's expense to protect STS' employees from such hazardous
substances or conditions. Whether or not STS suspends its services in
whole or in part, the Client and STS agree that the scope of services, terms
and conditions, schedule and the estimated fee or budget shall be adjusted
In accordance with the disclosed information or condition, or STS may, at Its
discretion, terminate the agreement. In the event that this agreement is
terminated pursuant to this Section, the Client shall pay STS for all services
rendered pnor to termination and all termination expenses.
ALLOCATION OF RISK
IT IS AGREED THAT THE CLlENrS MAXIMUM RECOVERY AGAINST
STS FOR THE PROFESSIONAL SERVICES PERFORMED UNDER THIS
AGREEMENT, WHETHER IN CONTRACT, TORT OR OTHERWISE, IS
$25,000 OR THE AMOUNT OF STS' FEE, WHICHEVER IS GREA TEA. IT
IS EXPRESSLY AGREED THAT THE CLlENrS SOLE AND EXCLUSIVE
REMEDY AGAINST STS FOR PROFESSIONAL SERVICES PERFORMED
UNDER THIS AGREEMENT, WHETHER BASED IN CONTRACT. TORT
OR OTHERWISE, IS THE AWARD OF DAMAGES NOT TO EXCEED THE
STIPULATED $25,000 FIGURE, OR THE AMOUNT OF STS' FEE,
WHICHEVER IS GREATER. IN NO EVENT SHALL STS BE LIABLE.
WHETHER IN CONTRACT, TORT OR OTHERWISE, FOR CLIENT'S
LOSS OF PROFITS, DELAY DAMAGES, OR FOR ANY SPECIAL,
INCIDENTAL, OR CONSEQUENTIAL LOSS OR DAMAGE OF ANY
NATURE ARISING AT ANYTIME OR FROM ANY CAUSE WHATSOEVER.
DISPUTE RESOLUTION
All claims, disputes, controversies or matters in question arising out of, or
relating to this agreement or any breach thereof. including but not limited to
disputes arising out of alleged design defects, breaches of contract, errors,
omissions, or acts of professional negligence, (collectively "disputes.) shall
be submitted to mediation before and as a condition precedent to any other
remedy. Upon written request by either party to this agreement for
mediation of any dispute, Client and STS shall select by mutual agreement
a neutral mediator. Such selection shall be made within ten (10) calendar
days of the date of receipt by the other party of the written request for
mediation. In the event of failure to reach such agreement or in any
instance when the selected mediator is unable or unwilling to serve and a
replacement mediator cannot be agreed upon by Client and STS within ten
(10) calendar days, a mediator shall be chosen as specified in the
Construction Industry Mediation Rules of the American Arbitration
Association then in effect.
If a dispute cannot be settled through mediation as set forth above, then
such dispute shall b~ decided by arbitration in accordance with the
construction Industry Arbitration Rules of the American Arbitration
Association then in effect. Demand for arbitration shall be made by either
party within ten (10) calendar days following termination of mediation. The
date of termination of mediation shall be the date of written notice of closing
mediation proceedings issued by the mediator to each of the parties.
Demand for arbitration shall be made by filing notice of demand, in writing,
with the other party and the American Arbitration Association. The award
rendered, if any, by the arbltrator(s) shall be final and binding on both parties
and judgment may be entered upon It In accordance with applicable law in
any court having jurisdiction.
Notwithstanding any other provisions of this Section, in no event shall a
demand for mediation be made more than two (2) years from the date the
party making demand knew or should have known of the dispute or six (6)
years from the date of substantial completion of STS' participation In the
Project, whichever date shall occur earlier.
All mediation or arbitration shall take place in Chicago, Illinois unless Client
and STS agree otherwise. The fees of the mediator or arbltrator(s) and the
costs of transcription and other costs incurred by the mediator or
arbitrator(s) shall be apportioned equally between the parties.
AsSIGNS
N6Ilher the client nor STS may delegate, assign, sublet or transfer its duties,
responsibilities or interests in this agreement without the written consent of
the other party.
SEVERABILITY
In the event that any provision herein shall be deemed invalid or
unenforceable, the other provisions hereof shall remain in full force and
effect, and binding upon the parties hereto.
SURVIVAL
All obligations arising prior to the termination of this agreement and all
provisions of this agreement allocating responsibility or liability between the
Client and STS shall survive the completion of services and the termination
of this agreement.
.
([~
Fee Schedule
ENGINEERING SERVICES
Charges for technical personnel will
be made for time spent in the field,
in consultation, in preparation of
reports and invoices, in
administrating contracts and project
coordination, and in traveling.
Technical Classifications
Principal
Associate
Senior Consultant
Consultant
Technical Project Staff
Technical Support Staff*
Senior Technician*
Technician*
CADD Drafting*
Per Hour $ 124.00
Per Hour $110.00
Per Hour $ 96.00
Per Hour $ 88.00
Per Hour $ 76.00
Per Hour $ 48.00
Per Hour $ 54.00
Per Hour $ 45.00
Per Hour $ 62.00
*Overtime will be charged after 8
hours per day; before 7:00 am and
after 6:00 pm Monday through
Friday; or all day Saturday-
technical rate x 1.25. Doubletime
will be charged on Sundays or
Holidays-technical rate x 2. Four
hour minimum per day.
Expert Witness Testimony will be
billed at the rates shown here x 1.5.
Laboratory test programs will be
identified in our proposal and billed
out on a lump sum basis. Additional
laboratory work will be billed on the
following hourly basis plus
expenses, expendables and
equipment.
Technical Support Services
Subsurface Exploration
Drill Rig Mobilization
(Local within 30 miles)
(Out-of-Town)
All-Terrain Vehicle Additional
Drill Rig - Class I
Drill Rig - Class II
Drilling Coordinator
Per Trip $ 300.00
Per Mile One Way $ 12.00
Per Day $ 160.00
Per Hour $ 180.00
Per Hour $ 170.00
Per Hour $ 82.00
The cost of equipment to complete
the project will be identified in our
proposal.
Laboratory Services
Supervisor
Technician
Per Hour $ 68.00
Per Hour $ 45.00
Drill rig rates include two (2)
persons. Additional persons will be
charged according to the technical
classifications.
Expenses and Expendables
All Expenses to Complete the Project
Mileage
All Expendables to Complete the Project
Cost + 15%
Per Mile $ 0.50
Cost + 15%
.
Minnesota 2003
P57
STS Consultants, Ltd.
Consulting Engineers
.~~
STS Consultants Ltd.
Consulting Engineers
PROPOSALIPROJECT NAME:
Date:
Location:
ProposaVProject #:
Drilling Estimate
Soil Exploration
Drill Rig Mobilization/per mile
Auxiliary Vehicle / per mile
Travel after first day/hour/crew
Per Diem / person/day
Utility Clearance / hour
Layout
Administrative/hour
All-terrain Vehicle / day
Traffic Control/ day
Site Clean-up / hour
SCOPE:
Auger Sampling / foot
Split Spoon Sampling / foot
. to 20 feet
o to 40 feet
Sealing Soil Borings / foot
Asphalt Patch Pavement
Laboratory testing: Moisture content tests
Class Soil & Draft Logs/foot
Engineering: Principal Engr.
Consultant
Support Staff
Drafting
OPTIONAL ADDITIONAL:
Additional cost for Discrete sampling
Gradations of Agg. Base2
.
9/22/2003 10:39 AM
HOPKINS 2004 STREET AND UTILITY IMPROVEMENTS
September 23, 2003
HOPKINS, MN
-. UNrrs .
"
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UNlT COST.
.TOTAL "
30.0 $3.50 $105.00
30.0 $0.70 $21.00
0.0 $95.00 $0.00
$0.00
3.0 $75.00 $225.00
0.5 $95.00 $47.50
0.5 $75.00 $37.50
0.0 $150.00 $0.00
0.0 $150.00 $0.00 .
$0.00 included
Mobilization and Set-up Total
8 AUGER SAMPLED BORINGS TO 15 FEET
$436.00
120.0 $7.50 $900.00
0.0 $7.50 $0.00
$0.00
0.0 $2.00 $0.00
8 $10.00 $80.00
Drilling and Sampling Total
$980.00
TOTAL EXPLORATION
COST PER FOOT
$1,416.00
$11.80
16.0 $6.00 $96.00
0.0 $75.00 $0.00
120.0 $2.00 $240.00
1.0 $118.00 $118.00
8.0 $76.00 $608.00
3.0 $45.00 $135.00
1.0 $62.00 $62.00
I I
Engineering and Lab total
TOTAL PROJECT FEES
$1,259.00
$2,675.00
22.29
120.0
2.0
1.0 $
75.0 $
120.00
150.00
HOPKINS 2004 STREETS 092303.xls
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