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CC Report 2024-113 CITY OF HOPKINS City Council Report 2024-113 To: Honorable Mayor and Council Members Mike Mornson, City Manager From: PeggySue Imihy, AICP – Special Projects and Initiatives Manger Date: September 10, 2024 Subject: Resolution of Support for an Application to the Minnesota Brownfield Gap Financing Program _____________________________________________________________________ RECOMMENDED ACTION MOTION TO approve resolution #2024-057 supporting the City’s application to the Minnesota Brownfields Gap Financing Program OVERVIEW Brownfield Gap Financing Program (BGFP) provides small grants to nonprofits for environmental assessment and clean-up of property in Hennepin County. Minnesota Brownfields is the co-administrator of the BGFP. Applications are accepted on a rolling basis and are approved by Hennepin County. Projects will benefit the community through greenspace, open space and natural areas, recreation, affordable housing, education, community centers, and neighborhood level economic development opportunities. Projects may apply for up to $15,000 in total funding in a 12 -month span. As a part of the City’s master planning process for Central Park, soil borings are required to understand the level of contamination which may be underneath portions of the park. Work done by the consultant Braun Intertec is eligible to be paid for with th is program, reducing the City’s cost in this project. Further study of this area may also be eligible to be funding with this program and the City’s consultant team, Bolton and Menk will work to look for any additional funding. SUPPORTING INFORMATION • Resolution 2024-057 – Resolution of Support for Application to Minnesota Brownfield Gap Financing Program • Brownfield Gap Financing Program Application • Braun Intertec Scope of Work Administration CITY OF HOPKINS HENNEPIN COUNTY, MINNESOTA RESOLUTION 2024-057 Resolution of Support for Application to Minnesota Brownfields Gap Financing Program WHEREAS, the City of Hopkins approves of the Central Park Master Plan ; and WHEREAS, an application is to be submitted in September by the City of Hopkins to the Minnesota Brownfields' Brownfield Gap Financing program funded with an Environmental Response Fund grant from Hennepin County Department; NOW THEREFORE BE IT RESOLVED, that the City Council of the City of Hopkins hereby supports this application. Adopted by the City Council of the City of Hopkins this 10th day of September 2024. By:___________________________ Patrick Hanlon, Mayor ATTEST: _______________________________ Amy Domeier, City Clerk AA/EOE Braun Intertec Corporation 11001 Hampshire Avenue S Minneapolis, MN 55438 Phone: 952.995.2000 Fax: 952.995.2020 Web: braunintertec.com August 1, 2024 Revised Proposal QTB200689 Mike Waltman, PE Bolton & Menk, Inc. 12224 Nicollet Avenue Burnsville, MN 55337 Re: Revised Proposal for a Geotechnical Evaluation and Phase I ESA Hopkins Central Park and Pavilion Expansion 11000 Excelsior Boulevard Hopkins, Minnesota Dear Mr. Waltman: Braun Intertec Corporation appreciates the opportunity to submit this revised proposal to complete a geotechnical evaluation and Phase I Environmental Site Assessment for the Hopkins Central Park and Pavilion Expansion project in Hopkins, Minnesota. Project Information We understand the City of Hopkins is looking at the feasibility of an expansion to the Hopkins Pavilion and site renovation of Central Park. The proposed Pavilion Expansion is assumed to be a slab-on-grade facility with one story above (using conventional foundations and steel framing) along with site improvements for Central Park to include a new soccer field, new volleyball courts, additional pickleball courts, and new proposed shade structures. Previous Experience, Geotechnical and Environmental Information We have completed previous projects in the area with Bolton & Menk, Inc. (BMI), in collaboration with City of Hopkins dating back to 1968. Recently, we completed a pavement evaluation in 2014 for BMI as well and an environmental screening report in 2015 for the Central Park parking lot on the northwest corner of the park for BMI. Our work with City of Hopkins and BMI has helped us understand the current site conditions and construction challenges associated with the proposed work. We understand Central Park was built on an old landfill between 1962 and 1964. Our exploration work from 1968 indicated environmental impacts from the landfill including ‘dump debris’, wood, glass, rubber, paper, tin, etc. Our 2015 environmental work took place in the Central Park parking lot in the northwest corner of the site, where we performed screening and sampling to typify soil removed for the project for offsite disposal. During our oversight of the excavations, we observed excavated debris that we identified as concrete, asphalt, glass bottles, wood, rebar, coal and miscellaneous garbage. Petroleum odors were also noted. Bolton & Menk, Inc. Revised Proposal QTB200689 August 1, 2024 Page 2 Base RFP Scope – Geotechnical & Environmental Scope Our base scope will utilize previous pavement borings for the new proposed pavement work and will also incorporate 9 new soil borings for the preliminary Pavilion Expansion and Central Park site improvements. Geotechnical Scope of Services We propose the following tasks to help achieve the stated purpose. If we encounter unfavorable or unforeseen conditions during the completion of our tasks that lead us to recommend an expanded scope of services, we will contact you to discuss the conditions before resuming our services. Purpose The purpose of our geotechnical evaluation will be to characterize subsurface geologic conditions at selected exploration locations, evaluate their impact on the project, and provide geotechnical recommendations for the design and construction of pavements, central park site improvements and preliminary design information for the Pavilion Expansion. Site Access Based on aerial photographs, it appears that the site will require an all-terrain vehicle (ATV) drill rig equipped with hollow stem auger. We assume there will be no cause for delays in accessing the exploration locations. We are not including tree clearing, debris or obstruction removal, grading of navigable paths, or snow plowing. Depending on access requirements, ground conditions or potential utility conflicts, our field crew may alter the exploration locations from those proposed to facilitate accessibility. Our drilling activities may also impact the vegetation and may rut the surface to access boring locations. Restoration of vegetation and turf is not part of our scope of services. Staking We will stake prospective subsurface exploration locations and obtain surface elevations at those locations using GPS (Global Positioning System) technology. For purposes of linking the GPS data to an appropriate reference, we request that you provide CAD files indicating location/elevation references appropriate for this project, or give us contact information for the consultant that might have such information. Utility Clearance Prior to drilling or excavating, we will contact Gopher State One Call and arrange for notification of the appropriate utility vendors to mark and clear the exploration locations of public underground utilities. You, or your authorized representative, are responsible to notify us before we begin our work of the presence and location of any underground objects or private utilities that are not the responsibility of public agencies. Bolton & Menk, Inc. Revised Proposal QTB200689 August 1, 2024 Page 3 In addition, our fees include a budget to retain a private locate company to mark private utilities that are not the responsibility of public agencies. Upon our request, the property owner must also be available to assist the private locate company in determining the presence of any underground objects or the location of utilities. We will not be liable for any damages resulting from unidentified or misidentified underground objects or utilities. Further, we reserve the right to stop work if underground objects or utilities are suspected or known to exist, but locations cannot be accurately determined. Soil Borings We propose to drill nine (9) standard penetration test (SPT) borings to nominal depths of 15 to 25 feet below existing grade for the project. We will perform standard penetration tests at 2 1/2-foot vertical intervals to a depth of about 15 feet, and at 5-foot intervals at greater depths. For areas of pavement construction, we intend to utilize previous boring information collected in 2014. Figure 1 depicts our proposed boring locations for the Pavilion Expansion and Central Park site improvements. Figure 1. Proposed Boring Locations Figure collected through City of Hopkins ‘Parks Concept Boards’ dated May 15, 2023. Proposed Boring Locations Bolton & Menk, Inc. Revised Proposal QTB200689 August 1, 2024 Page 4 If the intended boring depths do not extend through unsuitable material, we will extend the borings at least 5 feet into suitable material at greater depths. The additional information will help evaluate such issues as excavation depth, consolidation settlement, and foundation alternatives, among others. If we identify a need for deeper (or additional) borings, we will contact you prior to increasing our total estimated drilled footage and submit a Change Order summarizing the anticipated additional effort and the associated cost, for your review and authorization. Groundwater Measurements If the borings encounter groundwater during or immediately after drilling of each boring, we will record the observed depth on the boring logs. MDH Sealing Record We are planning the deepest borings to be at least 15 feet and less than 25 feet. Therefore, the Minnesota Statutes require us to complete a Sealing Record after our completion of the borings. Our proposal includes the fees for the Minnesota Department of Health (MDH) Sealing Record. In the event we extend our borings to a depth of 25 feet or greater, the MDH requires us to complete and submit a Sealing Notification Form for the project. The submission of the Sealing Notification Form will require a signature from the property owner (or agent). If we extend our borings to a depth of 25 feet or greater, we will forward on to you a copy of the form for signature and increase our total fees by $100. Borehole Abandonment We will backfill our exploration locations immediately after completing the drilling at each location. Minnesota Statutes require sealing temporary borings that are 15 feet deep or deeper. Based on our proposed subsurface characterization depths, we will seal 75 linear feet of borehole with grout. Our lump sum fee includes those fees associated with the sealing. Sealing boreholes with grout will prevent us from disposing of auger boring cuttings in the completed boreholes. Unless you direct us otherwise, we intend to thin-spread the cuttings around the boreholes. Over time, subsidence of borehole backfill may occur, requiring releveling of surface grades or replacing bituminous or concrete patches. We are not assuming responsibility for re-leveling or re-patching after we complete our fieldwork. Sample Review and Laboratory Testing We will return recovered samples to our laboratory, where a geotechnical engineer will visually classify and log them. To help classify the materials encountered and estimate the engineering properties necessary to our analyses, we have budgeted to perform the following laboratory tests. Bolton & Menk, Inc. Revised Proposal QTB200689 August 1, 2024 Page 5 Table 1. Laboratory Tests Test Name ASTM Test Method Purpose Moisture content D2216 Soil classification, moisture condition, and engineering properties Percent passing #200 sieve D1140 Soil classification, and evaluate frost susceptibility Organic content D2974 Evaluate suitability of soils for reuse We will determine the actual laboratory testing for the project depending on the encountered subsurface conditions. If we identify a laboratory testing program that exceeds the budget included in this proposal but provides additional value to the project, we will request authorization for the additional fees through a Change Order. Engineering Analyses We will use data obtained from the subsurface exploration and laboratory tests to evaluate the subsurface profile and groundwater conditions, and to perform engineering analyses related to structure and pavement design and performance. Report We will prepare a report including:  A sketch showing the exploration locations.  Logs of the borings describing the materials encountered and presenting the results of our groundwater measurements and laboratory tests.  A summary of the subsurface profile and groundwater conditions.  Discussion identifying the subsurface conditions that will impact design and construction.  Discussion regarding the reuse of on-site materials during construction.  Recommendations for preparing structure and pavement subgrades, and the selection, placement and compaction of fill.  Preliminary recommendations for design and construction of the proposed pavilion addition. We will only submit an electronic copy of our report to you unless you request otherwise. At your request, we can also send the report to additional project team members. Bolton & Menk, Inc. Revised Proposal QTB200689 August 1, 2024 Page 6 Schedule We anticipate performing our work according to the following schedule.  Drill Rig Mobilization – Scheduled for September 16th and 17th, provided we receive written authorization by no later than August 26th, 2024.  Field Exploration – 2 days on site to complete the soil borings.  Classification and Laboratory Testing – Within 1 week after completion of field exploration.  Preliminary Results – Within 1 week after completion of field exploration.  Draft Report Submittal – Within about 3 weeks after completion of field exploration.  Final Report Submittal – Within 5 days of receiving comments on the draft report and depending on the complexity of the comments. If we cannot complete our proposed scope of services according to this schedule due to circumstances beyond our control, we may need to revise this proposal prior to completing the remaining tasks. Environmental Scope of Services Environmental Task 1 – Phase I Environmental Site Assessment (ESA) Braun Intertec will conduct a Phase I ESA of the Site in accordance with ASTM International (ASTM) Practice E1527-21 and 40 Code of Federal Regulations (CFR) Part 312, which is the recognized industry standard defining good commercial and customary practice for conducting all appropriate inquiry (AAI) into the previous ownership and uses of the Site consistent with the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA). The intent of this practice is intended to permit a user to satisfy one of the requirements to qualify for the innocent landowner, contiguous property owner, or bona fide prospective purchaser limitations on CERCLA liability. The purpose of the Phase I ESA will be to identify recognized environmental conditions in connection with the subject property. The Phase I ESA will include a government and historical records review, site reconnaissance, interviews, and data evaluation. The results of the Phase I ESA will be summarized in a written report. So that they may be identified within the report, the user must supply the names of all parties intending to rely on the executed service and subsequent report. Additional reliance may be obtained at the discretion of Braun Intertec. In order to satisfy the requirements of AAI, the user bears specific responsibilities for satisfying certain components of the environmental inquiry. The E1527-21 Practice provides a User Questionnaire which outlines the information that the user must provide (if available) to the Environmental Professional. The User Questionnaire, attached to this proposal, should be completed and returned to Braun Intertec so that the information can be included in the report. Bolton & Menk, Inc. Revised Proposal QTB200689 August 1, 2024 Page 7 The results of the Phase I ESA will be summarized in a written report documenting information sources used, findings and conclusions, and the professional opinion of Braun Intertec regarding the impact of any potential environmental concerns in connection with the Site. Appendices to the report will include copies of available historical information (e.g., fire insurance maps, aerial photographs, etc.). A draft copy of the Phase I ESA will be issued electronically for review and comment. Upon receipt of comments, Braun Intertec will issue the final Phase I ESA report. Only an electronic copy of the Phase I ESA report will be submitted to you unless you request otherwise. Optional Alternative Scope – Environmental Services As noted in our base scope section, we understand that Central Park was previously a landfill site. Given the site history, we have provided an optional services to perform environmental work to identify specific environmental concerns regarding the existing in-place material. Environmental Task 2 – Environmental Oversight of Geotechnical Soil Borings Soil Screening Soil samples from the soil borings will be visually and manually classified in the field by an environmental technician using ASTM D2488 “Standard Practice for Description and Identification of Soils (Visual- Manual Procedures).” Field personnel will examine soil samples for unusual staining, odors, and other apparent signs of contamination. In addition, the soil samples will be screened for the presence of organic vapors using a photoionization detector (PID). The PID will be equipped with a 10.6-electron-volt lamp and calibrated to an isobutylene standard. The PID will be used to perform a headspace method of field analysis as recommended by the Minnesota Pollution Control Agency (MPCA) and in accordance with Braun Intertec Standard Operating Procedures (SOPs). Soil Sampling and Analytical Testing Soil samples will be collected from the soil borings for laboratory analysis in accordance with Braun Intertec SOPs. Soil samples will be collected from depth intervals in the unsaturated zone where indications of contamination are observed in the field. If no indications of contamination are observed, the soil samples will be collected from depths most likely to be impacted based on the potential contaminant source. The budget for this task assumes that up to 12 soil samples will be submitted to Pace Analytical Servies (Pace) of Minneapolis, Minnesota and analyzed for a combination of the following parameters:  Volatile organic compounds (VOCs) using United States Environmental Protection Agency (EPA) Method 8260.  Polycyclic aromatic hydrocarbons (PAHs) using EPA Method 8270.  Diesel range organics (DRO) using the Wisconsin Department of Natural Resources (WDNR) Method.  Eight Resource Conservation and Recovery Act (RCRA) metals using EPA Methods 6010 and 7471. Bolton & Menk, Inc. Revised Proposal QTB200689 August 1, 2024 Page 8 Reporting Verbal results of the environmental monitoring will be provided to you as they become available. Upon completion of the on-Site work and receipt of laboratory analytical results, a report will be prepared detailing the methods, results, and conclusions/recommendations. A draft copy of the report will be forwarded to you prior to report finalization. Only an electronic copy of the Braun Intertec environmental monitoring report will be submitted to you unless you request otherwise. Environmental Task 3 – Environmental Cleanup Grant Application Assistance Braun Intertec will assist Bolton & Menk, Inc. in determining which environmental cleanup grants may be available for this project. The grant sources that will be explored will include DEED, Met Council, and Hennepin County. Environmental Task 4 – Soil Vapor Assessment Objective of Soil Vapor Assessment The objective of the soil vapor assessment is to evaluate the Site for potential soil vapor intrusion risks to the existing and proposed structures at the Site. The proposed soil vapor assessment includes six soil vapor samples to be collected from the vicinity of those existing and proposed structures. Soil Vapor Sampling and Analytical Testing Six soil vapor probes will be advanced on the Site using a hydraulically-driven push-probe rig to a depth of 5 feet bgs and then retracted to a depth of 3 feet bgs. New, inert tubing will be attached to the top of the downhole sampler and the sampling point and tubing will be purged with a hand pump to remove two volumes of air prior to sample collection. Following purging, organic vapor concentrations will be screened with a PID and the value recorded. The soil vapor samples will then be collected using laboratory-supplied negative pressure air-sample collection canisters (6-liter or 1-liter canisters) equipped with 200 milliliter per minute (mL/min) flow restrictors in accordance with the MPCA guidelines and in accordance will Braun Intertec SOPs. Following sample collection, the temporary sampling point will be removed from the borehole and the borehole will be sealed in accordance with MDH guidelines. The soil vapor samples will be submitted to Pace National of Mount Juliet, Tennessee and analyzed for VOCs using EPA Method TO 15. Reporting Verbal results of the soil vapor sampling will be provided to you as they become available. Upon completion of the on-Site work and receipt of laboratory analytical results, the methods, results, and conclusions/recommendations will be included in the report also documenting the environmental oversight of the geotechnical soil borings detailed above. Bolton & Menk, Inc. Revised Proposal QTB200689 August 1, 2024 Page 9 Fees We will furnish the services described in this proposal for a lump sum fee of $20,330. Table 2 provides a breakdown of the proposed fees for the base RFP scope. If the optional scope is selected, we will furnish the services described in this proposal for a lump sum fee of $21,525. Table 3 provides costs for the optional scope. Table 2. Proposed Fee Breakdown Service Fee Geotechnical Scope Staking and Utility Coordination $1,570 Subcontracted – Private Utility Locator 300 Drilling 8,865 Laboratory Testing 1,750 Engineering & Reporting $4,860 Geotechnical Subtotal $17,345 Environmental Scope Task 1 – Phase I Environmental Site Assessment $2,985 Environmental Subtotal $2,985 Project Total $20,330 Table 3. Proposed Fee Breakdown for Optional Scope Add Service Fee Environmental Scope Task 2 – Environmental Oversight of Geotechnical Soil Borings $12,995 Task 3 – Environmental Cleanup Grant Application Assistance 1,080 Task 4 – Soil Vapor Assessment 7,450 Optional Environmental Scope Total $21,525 Our work may extend over several invoicing periods. As such, we will submit partial progress invoices for work we perform during each invoicing period. Bolton & Menk, Inc. Revised Proposal QTB200689 August 1, 2024 Page 10 General Remarks We will be happy to meet with you to discuss our proposed scope of services further and clarify the various scope components. We appreciate the opportunity to present this proposal to you. Please sign and return a copy to us in its entirety. We based the proposed fee on the scope of services described and the assumptions that you will authorize our services within 30 days and that others will not delay us beyond our proposed schedule. Bolton & Menk, Inc. Revised Proposal QTB200689 August 1, 2024 Page 11 Our services will be provided under the terms of the Subconsultant Master Agreement for Professional Services dated January 1, 2021. To have questions answered or schedule a time to meet and discuss our approach to this project further, please Zach Semlak at 651.788.5071 (zsemlak@braunintertec.com) for geotechnical related questions or Jeff Arndt at 952.995.2433 (jarndt@braunintertec.com), for environmental related questions. Sincerely, BRAUN INTERTEC CORPORATION Zachary T. Semlak Staff Engineer Jeffrey A. Arndt, PG Project Scientist Imants Pone Manager, Senior Scientist Joshua L. Kirk, PE Director, Senior Engineer Attachment: ASTM Practice E1527-21 User Questionnaire The revised proposal is accepted, and you are authorized to proceed. Authorizer’s Firm Authorizer’s Signature Authorizer’s Name (please print or type) Authorizer’s Title Date AA/EOE Braun Intertec Corporation 11001 Hampshire Avenue S Minneapolis, MN 55438 Phone: 952.995.2000 Fax: 952.995.2020 Web: braunintertec.com ASTM Practice E1527-21 User Questionnaire Site: Hopkins Central Park and Pavilion Expansion 11000 Excelsior Boulevard Hopkins, Minnesota Name: Date: Company: In order to qualify for one of the Landowner Liability Protections (LLPs) offered by the Small Business Liability Relief and Brownfields Revitalization Act of 2002 (the “Brownfields Amendment”), the User must conduct the following inquiries. The User should provide the following information to the environmental professional. Failure to conduct these inquiries could result in a determination that “all appropriate inquiries” is not complete. (1)Environmental cleanup liens that are filed or recorded against the property. The types of title reports that may disclose environmental liens include Preliminary Title Reports, Title Commitments, Condition of Title, and Title Abstracts. Chain-of-title reports will not normally disclose environmental liens. Did a search of recorded land title records (or judicial records where appropriate) identify any environmental cleanup liens filed or recorded against the property under federal, tribal, state or local law? (2)Activity and use limitations (AULs) that are in place on the property or that have been filed or recorded against the property. The types of title reports that may disclose AULs include Preliminary Title Reports, Title Commitments, Condition of Title, and Title Abstracts. Chain-of-title reports will not normally disclose AULs. Did a search of recorded land title records (or judicial records where appropriate) identify any AULs, such as engineering controls, land use restrictions, or institutional controls that are in place at the property and/or have been filed or recorded against the property under federal, tribal, state or local law? (3)Specialized knowledge or experience of the person seeking to qualify for the LLP. Do you have any specialized knowledge or experience related to the property or nearby properties? For example, are you involved in the same line of business as the current or former occupants of the property or an adjoining property so that you would have specialized knowledge of the chemicals and processes used by this type of business? Bolton & Menk, Inc. Proposal QTB200689 July 31, 2024 Page 2 (4)Relationship of the purchase price to the fair market value of the property if it were not contaminated. Does the purchase price being paid for this property reasonably reflect the fair market value of the property? If you conclude that there is a difference, have you considered whether the lower purchase price is because contamination is known or believed to be present at the property? (5)Commonly known or reasonably ascertainable information about the property. Are you aware of commonly known or reasonably ascertainable information about the property that would help the environmental professional to identify conditions indicative of releases or threatened releases? For example, (a)Do you know the past uses of the property? If so, please explain. (b)Do you know of specific chemicals that are present or once were present at the property? If so, please explain. (c)Do you know of spills or other chemical releases that have taken place at the property? If so, please explain. (d)Do you know of any environmental cleanups that have taken place at the property? If so, please explain. (6)The degree of obviousness of the presence or likely presence of contamination at the property, and the ability to detect the contamination by appropriate investigation. Based on your knowledge and experience related to the property, are there any obvious indicators that point to the presence or likely presence of contamination at the property? If so, please explain.