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CR 09-106 Approve Engineering Agreement• December 1, 2009 N 0 P K I N S Council Report 2009 -106 Approve Engineering Agreement Lift Station No. 1 Bypass City Project No. 04 -08 Proposed Action Staff recommends adoption of the following motion: Approve Resolution 2009 -065 Approving En Agreement for Lift Station No. 4. Overview The 2008 Comprehensive Utility Plan identifies the abandonment of Lift Station No 1 on 21 Avenue as a necessary improvement needed within the next few years. On April 7, 2009, the Council approved the facility plan for this project. The facility plan recommended the abandonment of this lift station to be replaced with an 8" gravity sewer that connects to a City of Minnetonka sewer trunk in Shady Oak Road. In addition to removing an out of date and failing lift station, the project will reduce inflow into the sanitary sewer system when Shady Oak Pond overflows into the lift station. The estimated projects costs are $300,000. Engineering services for this plan were completed by Bolten and Menk, Inc. The attached engineering services agreement for design and construction observation is for the sum of $36,289. This represents approximately 12% of the total project cost and is in the generally accepted range for projects of this type. Staff recommends approving the attached agreement. Originally, it was intended to construct this project in conjunction with the Shady Oak Road Reconstruction. With the delays to that project, the condition of the lift station has made it necessary to move forward with this project before the Shady Oak Road project. Staff had applied for stimulus funding for this project last spring, but was unsuccessful in securing any grant dollars. Primary Issues to Consider. Scope of improvements Costs and funding Schedule Supporting Information • Current and Revised CIP sheets • Engineering Proposal • Resolution 2009 -017 o R. Bradford, P. E. ity Engineer Financial Impact: 36,289 Budgeted: Y/N N/A Source: Utility Funds Related Documents (CIP, ERP, etc.): 2008 Comp Utility Plan, CIP Notes: Scope of Improvements This project includes the abandonment of Lift Station No. 1, located at the intersection of 21 Avenue North and 2 nd Street North. This lift station was originally constructed in 1956 has been considered for replacement since 2004. Since that time, the condition of the lift station has degraded and is now in need of replacement in 2010. A new 8" gravity sewer will be constructed along 2 nd Street North to the 54" diameter sanitary sewer located on the west side of Shady Oak Road. Our intention is to bore the sewer pipe under Shady Oak Road to minimize traffic disruptions. Reconstruction of 2 nd Street North will be limited to an 8 to 10 foot trench width because this street will be relocated during the future Shady Oak Road project. Costs and Funding The total project cost is approximately $300,000. Because street reconstruction will be limited to the trench width, no street assessments are warranted on this project. The project will be funded entirely through the Sanitary Sewer Fund. The proposed Lifts Station No. 4 rehabilitation project slated for 2010 is being postponed until 2012. This reduces expenditures in this fund by $80,000 and will make up for most of the funding that was originally anticipated to come from the federal stimulus package. The remaining funds are in place through the revenue bonds recently sold by the City. Schedule The following anticipated schedule applies to this project. Approve Engineering Agreement December 1, 2009 Approve Final Plans, Authorize Bid Letting February 16, 2010 Open Bids March 24, 2010 Award Bid April 6, 2010 Complete Construction May 2010 CAPITAL HSAPROVEWNT PLAN 2010 thru 2014 Department Public Works: Utilities City of Hopkins, MN Contact Public Works Director Project # 04- CIP -UO07 Type Improvement Project Name Upgrade of Sanitary Sewer Lift Station 91 Useful Life Unassigned Category Utilities: Municipal Sanitary S Future Priority n/a Description Total Project Cost: $220,000 Replace a confined space lift station that was installed in 1957 with a new submersible lift station and rerouting of the discharge line, or elimate lift station and install new gravity sanitary sewer pipe to Minnetonka trunk sewer pipe in Shady Oak Road. Justification The station has given the city a long life and now needs to be replaced. Expenditures 2010 2011 2012 2 013 2014 Total Construction /Maintenance 220,000 220,000 Total 220,000 220,000 Funding Sources 2010 2011 2012 2013 2014 Total GU - Other Governmental Unit 110,000 110,000 SF - Sanitary Sewer Fund 110,000 110,000 Total 220,000 220,000 Budget Impact/Other 77 Tuesday, July 28, 2009 G v IL12G✓�T CAPITAL IlVIPROVEMENT PLAN 2010 thru 2014 City of Hopkins, MN Project # 08- CIP -UOO1 Project Name Lift Station # 4 Future ilitate LS No. 4 Department Public Works: Utilities Contact Public Works Director Type Improvement Useful Life Category Utilities: Municipal Sanitary S Priority n/a Total Project Cost: $160,000 Justification Lift station No. 4 was identified for rehab in the 2007 comprehensive utility plan Regular major maintenance identified in the 2007 comprehensive utility plan. Expenditures 2010 2011 2012 2013 2014 Total Construction /Maintenance 160,000 160,000 Total 160,000 160,000 Funding Sources 2010 2011 2012 2013 2014 Total GU - Other Governmental Unit 80,000 80,000 SF - Sanitary Sewer Fund 80,000 80,000 Total 160,000 160,000 Budget Impact/Other 74 Tuesday, July 28, 2009 CAPITAL HvIPROVEM ENT PLAN 2010 rhru 2014 Department Public Works: Utilities City of Hopkins, MN Contact Public Works Director Project # 04- CIP -UO07 Type Improvement Useful Life Unassigned Project Name Upgrade of Sanitary Sewer Lift Station #1 Category Utilities: Municipal Sanitary S Future Priority n/a Description Total Project Cost: $300,000 Replace a confined space lift station that was installed in 1957 with a new submersible lift station and rerouting of the discharge line, or elimate lift station and install new gravity sanitary sewer pipe to Minnetonka trunk sewer pipe in Shady Oak Road. Justification The station has given the city a long life and now needs to be replaced. Expenditures 2010 2011 2012 2013 2014 Total Construction /Maintenance 300,000 300,000 Total 300,000 300,000 Funding Sources 2010 2011 2012 2013 2014 Total SF - Sanitary Sewer Fund 300,000 300,000 Total 300,000 300,000 Budget Impact/Other Wednesday, November 25, 2009 2010 thru 2014 Department Public Works: Utilities Contact Public Works Director CAPITAL IMPROVEMENT PLAN City of Hopkins, MN F oject # 08- CIP -UO01 oject name Lift Station # 4 Future Rehabilitate LS No. 4 Type Improvement Useful Life Category Utilities: Municipal Sanitary S Priority n/a Total Project Cost: $160,000 Justification Lift station No. 4 was identified for rehab in the 2007 comprehensive utility plan Regular major maintenance identified in the 2007 comprehensive utility plan. Budget Impact/Other Wednesday, November 25, 2009 Expenditures 2010 2011 2012 2013 2014 Total Construction /Maintenance 160,000 160,000 Total Funding Sources 2010 160,000 2011 2012 2013 160,000 2014 Total SF - Sanitary Sewer Fund 160,000 160,000 Total 160,000 160,000 Budget Impact/Other Wednesday, November 25, 2009 m � ��eers & Ste" October 22, 2009 BO L- r--.J 8:-L M E N K Consulting Engineers & Surveyors 12224 Nicollet Avenue • Burnsville, MN 55337 Phone (952) 890 -0509 • Fax (952) 890 -8065 www.bolton - menk.com Mr. John Bradford, P.E., City Engineer City of Hopkins 1010 1" Street South Hopkins, MN 55343 RE: Proposal for Professional Engineering and Surveying Services Lift Station No. 1 Bypass Improvements City of Hopkins, Minnesota Dear Mr. Bradford, 1 NC® Bolton & Menk is pleased to present this proposal to you for professional engineering and surveying services for the Lift Station No. 1 Bypass Improvements project in the City of Hopkins. Included in this proposal is our expressed understanding of the project, our proposed project approach, and our proposed fees. PROJECT UNDERSTANDING The City of Hopkins is interested in eliminating Lift Station No. 1, located at the intersection of 2 "d Street North and 21 Avenue North on the north side of Shady Oak Pond. This lift station serves a relatively small number of properties along Shady Oak Road, West Park Road, and 21S Avenue North. The existing sanitary sewer along 2 nd Street North flows from west to east and is collected at Lift Station No. 1. The City would like to eliminate the need for Lift Station No. 1 by reconstructing the sanitary sewer line along 2 nd Street North, to flow from east to west and connect into the City of Minnetonka's trunk sewer line in Shady Oak Road. The City of Hopkins would like to minimize impacts to the local streets as much as possible. PROJECT APPROACH Bolton & Menk will complete a topographic survey of 2 "d Street North from the south curbline to the City right -of -way on the north side of the road. A topographic survey from the south curbline to Shady Oak Pond was completed as a part of the Preliminary Engineering Report completed for this project in 2005. That survey will also be utilized, but with the City's desire to minimize impact to the adjacent streets, survey data is needed for the remainder of the corridor. The survey will map all visible natural and improved ground conditions and will also include utility field markings received through a Gopher One Call. The survey will also include locations of adjacent houses, streets, and will illustrate the site property lines based on found field monumentation and available plat information. The final site drawing will serve as a basis for final design. Bolton & Menk will prepare construction plans in CAD that will include plan and profile views of the improvements. Required construction details and tabulations will be completed. The geotechnical evaluation that was completed in conjunction with the 2005 Preliminary Engineering Report will be utilized for this project. Additional geotechnical services are not included in this proposal. DESIGNING FOR A BETTER TOMORROW Bolton & Menk is an equal opportunity employer BOLTON & MENK, INC. Upon completion of the final construction plans, construction specifications and a construction cost estimate will also be prepared. Final plans will be submitted for review and comment by private utility owners. Permit applications will be completed as necessary. Permit fees would be paid for directly by the City. The project will be advertised, bids will be taken and recommendation will be made to accept or reject bids. Meetings included during the design include two (2) City Staff meetings for design review and one (1) City Council meeting for final plan presentation. Construction staking indicating cuts to the line and grade of the proposed utilities will be performed at intervals of no more than 100 feet. Curb stakes will be set along the reconstructed roadways at intervals of no more than 50 feet. This project is proposed to be constructed during the 2010 construction season. Full -time construction observation is proposed for this project. Duties of the Construction Observer will include attendance at the pre - construction meeting and all necessary construction meetings, service as a liaison between the City and the contractor, review of the completed work to determine if the project is in general conformance with the plans and specifications, review of all materials testing, maintenance of construction documentation, and communication with affected property owners, as necessary, to address their construction - related concerns and issues. Administration duties include pre - construction meeting attendance, weekly project meetings and preparation of pay estimates. Observation and administration services will be completed on an hourly basis. The projected fee estimate is based upon a 4 -week construction schedule. Estimated weekly time spent for observation and administration is 45 hrs /wk and 4hrs /wk, respectively. Record drawings detailing the completed improvements as recorded by the construction observer and the City of Hopkins' contractor will be completed and furnished to the City in hard copy and electronic format. PROPOSED FEES The attached tables detail the estimated time necessary to complete the scope of work as described above. The costs for the individual project tasks are estimates. Bolton & Menk proposes to complete the scope of work on an hourly basis with a cost not to exceed $36,289. Any additional services requested which are beyond the described scope of work will be charged at the hourly rates in effect for the individuals performing the work. Attached are the Terms of Proposal. If you find this proposal satisfactory, your signature of this proposal will constitute acceptance of the terms outlined and your authority for us to proceed. Please contact us if you wish to discuss this proposal. We look forward to providing these professional engineering services to the City of Hopkins and appreciate your continued consideration of Bolton & Menk, Inc. Sincerely, BOLTON & MENK, INC. Marcus A. Thomas, P.E. Associate Engineer Attachment Lift Station No. 1 Bypass Improvements City of Hopkins, Minnesota Page 2 BOLTON & MENK, INC. Accepted By: Printed Name: Date: Lift Station No. 1 Bypass Improvements City of Hopkins, Minnesota Page 3 G M an o so N F O C I O leaIJal I D MaJ:) AOAJn$ 00 00 O 00 00 uei:)iuy:)al 00 v C14 o rr d AaAJnS JOAananS puel N N I}t O N N paJa�si�aa JaAJasgo o I D is uoi;:)nJ;suoD O O 00 `� A 0 00 ° 0o to o uei:)iuy:)al Suuaauigu3 JaBeuew O 00 � � lD 00 � N N ct lD d' � e�-i a 1�afoJd Jaaui2u3 O rI N N Ln O aleioossy N Y N M N Y o cn 1= 2 E _ Ln � � 1 O w � ' c ~ O 3 C m v o � °�° 3 `� m h0 = !A U Y Op N H O ZO Q N O, O O O O_ O UJ N E C i+ ~ fa Q , (�6 ++ C O 0 m > d0 O u O = V h0 ++ to Y f.n C .w O 4! 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The accompanying Proposal (hereinafter referred to as "Proposal') is subject to the following terms and conditions. These Terms of Proposal (hereinafter referred to as "Terms ") are an integral part of the Proposal as if stated directly therein. No change or deviation from these Terms will be binding without the written approval of Bolton & Menk, Inc. Such changes may require an adjustment in the proposed fee, schedule or scope of the Proposal. A. Services: Bolton & Menk Inc. proposes to perform the services outlined in the Proposal for the stated fee arrangement. Changes required by the Client or other controlling entities (regulatory agencies, contractors, courts, etc.) from the scope or schedule of services described in the Proposal shall be considered "Additional Services" and will be invoiced on an hourly basis in addition to the stated fee arrangement. B. Information from Client: Unless otherwise stated, Client agrees to provide Bolton & Menk Inc. with all site information necessary to complete the proposed services. This information should include current site property descriptions (from abstract, title opinion or title commitment); other legal documents affecting the site; copies of previous surveys, maps, engineering studies and plans; existing or required soils and geotechnical reports; governmental, regulatory and utility reviews and determinations; and all other pertinent information. Client shall promptly inform Bolton & Menk Inc. of any alleged defects in services provided or the project. C. Access to Site: Unless otherwise stated, Client agrees to provide Bolton & Menk Inc. with access to the site, including adjoining properties, for activities necessary for the performance of services. It is understood that in the normal course of work, property damage may occur due to excavations, tree and brush trimming, marking lines, etc. The cost to correct resulting damages has not been included in the fee. Bolton & Menk Inc. will take precautions to minimize damage due to these activities and the Client agrees to reimburse Bolton & Menk Inc. for any costs associated with required restoration work. D. 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 Bolton & Menk Inc's profession currently practicing under similar conditions. Bolton & Menk Inc. makes no expressed or implied warranty with respect to its undertakings described herein. E. Certifications: Any certification provided by Bolton & Menk Inc. is a professional opinion based upon knowledge, information and beliefs available to Bolton & Menk Inc. at the time of certification. Such certifications are not intended as and shall not be construed as a guarantee or warranty. Bolton & Menk Inc. shall not be required to certify the existence of conditions whose existence Bolton & Menk Inc. cannot reasonably ascertain. F Project Approvals: Due to site limitations, code interpretations, regulatory reviews, political considerations and Client directed design and improvements, Bolton & Menk Inc. makes no representations as to acceptability or approvability of the project; or, zoning requests, permit applications, site and development plans, plats and similar documents. Payment of fees to Bolton & Menk Inc. is not contingent upon project approval. G. Opinions or Estimates of Project Costs: Where included as part of project scope or otherwise, opinions or estimates of project cost will generally be based upon public construction cost information. Since Bolton & Menk Inc. 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 Bolton & Menk Inc. does not warrant or guarantee the accuracy of construction cost opinions or estimates. Project financing should be based upon actual, contracted construction costs with appropriate contingencies Page 1 of 2 - Terms of Proposal Version 11 -30 -98 Terms of Proposal Bolton & Menk, Inc. (Continued) H. Construction Phase Services: If construction phase engineering or staking services are included in this Proposal or subsequently authorized, Client is notified that Bolton & Menk Inc. is not be responsible for means, methods, techniques or procedures of construction selected by any contractor employed on the project nor for the safety precautions or programs incident to the work of any contractor. I. Ownership and Alteration of Documents: All documents, including reports, specifications, drawings, field data, notes and documents or electronic media prepared or furnished by Bolton & Menk Inc. under this agreement shall remain the property of Bolton & Menk Inc. The Client may make and retain copies for its use in connection with this project. However, such documents are not intended for reuse by the Client on any other project or alteration of the project by others without the written consent of Bolton & Menk Inc. Electronic media may be furnished for convenience of Client; however, only signed and certified hard copies of submittals may be relied upon as documentation of professional services provided. J. Billings and Payments: Invoices for Bolton & Menk Inc's services shall be submitted, at Bolton & Menk Inc's option, either monthly or upon completion of services. Invoices are due and payable within 30 days after the invoice date. If the invoice is not paid within 30 days, Bolton & Menk Inc. may, without waiving any claim or right against the Client, and without liability whatsoever to the Client, terminate the performance of its services. K. Late Payments: Accounts unpaid 30 days after the invoice date will be subject to a monthly service charge of 1.5% on the unpaid balance. If any portion or all of an account remains unpaid 90 days after billing, the Client shall pay all costs of collection, including reasonable attorney's fees. L. Termination of Services: This agreement may be terminated, upon written notice, by the Client or Bolton & Menk Inc. should the other fail to perform its obligations hereunder. In the event of termination, the Client shall pay Bolton & Menk Inc. for services rendered to the date of termination, all reimbursable expenses, and reimbursable termination expenses. M. Limitation of Liability: In recognition of the relative risks, rewards and benefits of the project to both the Client and Bolton & Menk Inc., the risks have been allocated such that the Client agrees that, to the fullest extent permitted by law, Bolton & Menk Inc's total liability to the Client for any and all injuries, claims, losses, expenses, damages or claimed expenses arising out of the performance of this agreement from any cause or causes, shall not exceed $36,289. Such claims include, but are not limited to, Bolton & Menk Inc's negligence, errors, omissions, strict liability, breach of contract, or breach of warranty, if any. N. Dispute Resolution: Any claims or disputes made during or after the performance of services between Bolton & Menk Inc. and the Client, with the exception of claims by Bolton & Menk Inc. for non - payment of services rendered, shall be submitted to mediation and /or arbitration. This Proposal anticipates that Bolton & Menk Inc. and the Client will include a similar requirement in all agreements with contractors, sub - contractors, suppliers, consultants and fabricators concerned with this project. O. Withdrawal of Proposal : This Proposal constitutes a non - binding offer to perform services and Bolton & Menk Inc. reserves the right to withdraw or modify this Proposal, without liability to the Client, at any time prior to receipt of written acceptance from the Client and execution of a signed agreement in accordance with Paragraph P. P. Agreement: If the Proposal is accepted, the Client and Bolton & Menk Inc. may enter into and execute an Agreement incorporating the Proposal, these Terms and such additional terms and conditions as may be mutually acceptable to Bolton & Menk Inc. and Client. Upon request by the Client, Bolton & Menk Inc. may, at its sole discretion and for the benefit of the Client, proceed with any proposed services prior to execution of a written agreement. In the absence of an executed written agreement, the accompanying Proposal and these Terms of Proposal shall constitute the whole and complete agreement between Bolton & Menk Inc. and the Client. Page 2 of 2 - Terms of Proposal CITY OF HOPKINS Hennepin County, Minnesota RESOLUTION NO. 2009 -065 RESOLUTION APPROVING ENGINEERING AGREEMENT LIFT STATION NO 1 BYPASS PROJECT, PROJECT NO. 04 -08 WHEREAS, a resolution of the City Council adopted the 7th day of April, 2009 approving the facility plan for the abandonment of Lift Station No 1, and WHEREAS, the City Council deems it appropriate and expedient to make such improvements, and NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Hopkins, Minnesota: 1. Such improvement is necessary, cost - effective, and feasible as detailed in the facility plan. 2. Bolton and Menk, Inc. is hereby designated as the engineer for this improvement. The engineer shall prepare plans and specifications for the making of such improvement. `' Adopted by the City Council of the City of Hopkins this 1 st day of December, 2009. Eugene J. Maxwell, Mayor ATTEST: Terry Obermaier, City Clerk