CR 2012-060 Order Feasibility Report 2013 Street and Utility ImprovementsAm
City of Hopkins
June 5, 2012
Order Feasibility Report
2013 Street & Utility Improvements
City Project 2012-10
Proposed Action
Council Report 2012-060
Staff recommends adoption of the following motion: Move that Council adopt
Resolution 2012-037 Resolution Ordering the Preparation of a Feasibility Report for the
2013 Street and Utility Improvements and authorize Mayor and City Manager to enter
into an agreement with Bolton & Menk, Inc. to prepare the report.
This action is the first step in the process of improving selected streets in 2013 and
assessing abutting properties per City assessment policy. A petition to improve any of the
proposed streets has not been submitted to the City.
Overview
The 2012 - 2016 CIP identified street and utility improvements for the year 2013 for the
entire South Presidential neighborhood. This neighborhood includes Monroe, Jackson,
Van Buren and Harrison Avenues South and 1St and 2nd Streets South. The project also
includes the Blake Water Tower access drive; repairs to the trail from Blake Road to
Monroe Avenue South; and West Park Road north of 2nd Street North.
The first step in proceeding with the 2013 project is ordering a feasibility report. Staff
has selected a qualified consultant to undertake topographic survey work, geotechnical
evaluation and the preliminary engineering report. The cost of these services is $62,616.
Final design and construction observation services will be negotiated separately after the
feasibility report phase and the Council's ordering of the improvement project.
Primary Issues to Consider Supporting Information
• Project background • Project location map
• Consultant Selection and Fees • Bolton and Menk, Inc. Proposal
• Project schedule • Resolution 2012-037
ohm R. Bradford, P.E., Cit Engineer
Financial Impact: 62,616 Budgeted: Y/N Y Source: Utility Funds, PIR Funds, Special
Assessments Related Documents (CIP, ERP, etc.): 2012-2016 CIP
Notes:
Council Report 2012-060
Page 2
Analysis of Issues
• Project background
These streets were selected for the 2013 improvements- in light of their current
pavement condition. The pavement condition indices for the reconstruction areas
in the South Presidential neighborhood are generally in the 20 to 40 range. 2nd
Street South is located half in Hopkins and half in Edina. Edina is amenable to
completing their half of the work on this street and will reimburse the City for
those improvements.
Total project budget is $6.05 Million. Because this is such a large project, it is
our intent to construct it over 2 years as was done for the Park Ridge
neighborhood project.
The timing of assessments for a two year project is fairly complex and we will
bring the item to a work session for discussion.
• Selection of consultant/proposed fees
Staff solicited a proposal from Bolton & Menk, Inc. This consulting firm has
provided exemplary service on the 2005 through the 2012 Street Improvement
Projects and has worked with the City on many other projects. Their familiarity
with Hopkins policies, staff and expectations allows them to hit the ground
running. Staff believes the value of a quality consultant with considerable
Hopkins experience and a proven track record is important to a successful project.
Their close interaction with residents on all of these projects has been a key
component in our selection of this firm.
The proposed fee of $62,616 includes $7,800 for geotechnical investigations,
which have been directly contracted with the City on previous projects. The cost
compares favorably with comparable projects in other communities and fees
charged by other consultants.
• Project schedule
The Feasibility Report will be presented to Council at their September 4, 2012
meeting. This puts us on a schedule to bid the improvements in December which
could help secure competitive bids for the project. Construction is anticipated to
begin in the spring of 2013 and be completed in the fall of 2014.
As in the past, we will conduct multi -step public outreach including: notification
to residents of the project and survey work to be done; upcoming public
information meetings; and information regarding assessments and the public
process that accompanies them.
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Consulting Engineers & Surveyors
12224 Nieollet Avenue • Burnsville, MN 55337
Phone (952) 890-0509 • Fax (952)"890-8065
www.bolton-menk.com
May 29, 2012
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
2013 Street and Utility Improvements — Topographic Survey & Feasibility Study
City of Hopkins, Minnesota
Dear Mr. Bradford:
We are pleased to offer you our proposal for professional engineering and surveying services for the
feasibility phase of the City of Hopkins' 2013 Street and Utility Improvements. This proposal is based on
our conversation and review of the project areas on May 2°d and again on May 15th. Based on a
preliminary review of the project areas, we estimate that the construction costs for these improvements
will be between $3.9M and $4.4M. Our proposed fee for the topographic survey and feasibility phase of
this project is $54,816. Upon our completion of the feasibility study, we will have a firm understanding of
the required final design work for the project and can offer the City a separate proposal for final design
and construction phase services.
As we have discussed, the schedule presented in Exhibit I illustrates a streamlined schedule, for council
meetings, compared to years past. The proposed project schedule, for the preliminary and final design
phases, is aggressive to meet the City's desired December 19'x' bid opening date. The schedule also
presents the project being designed in 2012 and construction taking place over two years, 2013 and 2014.
This proposal has been prepared in the form of our standard agreement. Upon your review and approval
of this agreement, please sign each copy of the agreement, and return them both to our office. I will
return a fully executed copy to you.
Thank you, for allowing Bolton & Menk, Inc. to submit this proposal for your consideration. If you have
any questions regarding this proposal or would like to discuss any of its details, please do not hesitate to
call me. We truly appreciate and value our continued working relationship with the City of Hopkins.
Sincerely,
BOLTON & MENK, INC.
Sarah E. Rippke, P.E.
Project Manager
CC: Marcus A. Thomas, P.E., Burnsville Office Manager
Enclosures
NAPROPOSALS\Hopkins\Hopkins 2013 052512\Bradford 052812.doc
DESIGNING FOR A BETTER TOMORROW
Bolton & Menk is an equal opportunity ernployer
EXHIBIT I
TOPOGRAPHIC SURVEY AND FEASIBILITY STUDY
2013 STREET AND UTILITY IMPROVEMENTS
CITY OF HOPKINS, MINNESOTA
A. BASIC SERVICES
In accordance with the City of Hopkins Capital Improvements Plan, the City has
designated the following streets for rehabilitation in 2013:
■ Harrison Avenue S., Excelsior Blvd to 2nd Street S.
■ Van Buren Avenue S., Excelsior Blvd to 2nd Street S.
■ Jackson Avenue S., Excelsior Blvd to 1St Street S.
■ Monroe Avenue S., Excelsior Blvd to 2nd Street S.
■ 1St Street S., Monroe Ave. S. to Harrison Avenue S.
-2 nd Street S., Monroe Ave. S. to Harrison Avenue S.
■ Access Road, Harrison Ave. S. to water tower
■ West Park Road, 2nd St. N. to future cul-de-sac
Bolton & Menk, Inc. will complete a topographic survey and feasibility study for
proposed improvements within the project area. A description of our proposed services is
detailed as follows:
Task 1: Topographic Survey and Mapping
Bolton & Menk, Inc. will complete a topographic survey of the existing conditions along
all streets within the project area. The survey will be completed within the right-of-way
and will include all visible features such as, but not limited to, pavements, curb lines,
manholes, catch basins, valves, sidewalks, turf areas, driveways, power poles, trees,
gardens, mailboxes, retaining walls, etc. All underground utility information will be
located and described per available as-builts, field markings, and private utility map
information. Manhole reports will also be completed for located manholes and catch
basins. Right-of-way will be illustrated based on found field monumentation and plat
information received from the City.
Task 2: Feasibility Study and Report
The preparation of the feasibility study will include the assembly of existing information
from the City of Hopkins and review meetings with City Staff to discuss the existing
street and utility conditions and needs for improvements. This task will also include a
stormwater analysis of the South Presidential Neighborhood, preliminary engineering and
design of the proposed improvements, a review and discussion of the final geotechnical
soil borings, two neighborhood meetings, and two City Council meetings.
City of Hopkins I May 29, 2012
Bolton & Menk, Inc. will collect all available information relating to the project and
adjacent areas from the City of Hopkins including street and utility as-builts, pavement
maintenance reports, sewer videos and logs, and utility maintenance reports. The review
of the existing utilities will be initiated by a meeting with the City of Hopkins
Engineering and Public Works Staff. The purpose of this meeting is to receive input
from the City's Staff regarding their opinions of any necessary improvements. We will
also prepare a neighborhood survey form for distribution by the City and will review the
results of the surveys for discussion at the neighborhood meeting and for inclusion in the
feasibility report where applicable.
Soil boring reports prepared by the City's geotechnical consultant will serve as the basis
of our pavement evaluation. The evaluations of this report will be summarized for
inclusion into the final feasibility study. The geotechnical consultant will contract directly
with the City for geotechnical engineering services for this project, see attached proposals
from Stork Twin City Testing, Corp. and American Engineering and Testing (AET)
Bolton & Menk, Inc. will prepare itemized cost estimates for the proposed improvements
throughout the project area and will utilize these estimates along with plat information to
prepare preliminary assessment rolls for the project.
The results of the feasibility study including descriptions of the existing infrastructure,
proposed improvements, estimated costs, preliminary assessment roll, and proposed
project schedule will be detailed in a written report and presented at a neighborhood
meeting and at a City Council meeting (when conducting the Public Hearing).
City of Hopkins 2 May 29, 2012
The following is our preliminary schedule for the 2013 Street & Utility
Improvements:
Council Orders Preparation of Feasibility Report .................................... June 5, 2012
SurveyWork....................................................................................June 11 — July 13, 2012
Preparation of Feasibility Report ............................................... July 13 — August 28, 2012
Council Set Public Hearing Date............................................................. August 7, 2012
Neighborhood Meeting (#1)August 22, 2012
......................................................................
Neighborhood Meeting (#2)...................................................................... August 29, 2012
Present Feasibility Report / Conduct Public Hearing /
Order Final Plans & Specifications ....................................... September 4, 2012
Preparation of Final Plans & Specifications .................September 5 —November 19, 2012
Approve Final Plans & Specifications / Set Bid Date / Set Assessment Hearing
Authorize Advertisement for Bids ........................................November 20, 2012
Bid OpeningDecember 19, 2012
..........................................................................................
Council Accepts Bids / Conduct Public Assessment Hearing /
Adopt Assessment Roll / Award Bid ....................................... January 15, 2013
Construction — Phase 1May-October 2013
............................................................................
Construction — Phase 2........................................................................May-September 2014
B. ADDITIONAL SERVICES
Consulting services performed other than those authorized under Section I.A. shall be
considered not part of the Contract Services and may be authorized by the CLIENT as
additional services. Additional Services consist of those services which are not generally
considered to be Contract Services; or exceed the requirements of the Contract Services;
or are not definable prior to the commencement of the project; or vary depending on the
technique, procedures or schedule of the project contractor. Additional services may
consist of the following:
1. All other services not specifically identified in Section A.
City of Hopkins 3 May 29, 2012
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AGREEMENT FOR PROFESSIONAL SERVICES
TOPOGRAPHIC SURVEY AND FEASIBILITY STUDY
2013 STREET AND UTILITY IMPROVEMENTS
CITY OF HOPKINS, MINNESOTA
This Agreement, made this 5"' day of June, 2012, by and between CITY OF HOPKINS, 1010 1" Street
South, Hopkins, MN 55343, hereinafter referred to as CLIENT, and BOLTON & MENK, INC., 12224
Nicollet Avenue, Burnsville, MN 55337, hereinafter referred to as CONSULTANT.
WITNESS, whereas the CLIENT requires professional services in conjunction with 2013 STREET AND
UTILITY IMPROVEMENTS — TOPOGRAPHIC SURVEY AND FEASIBILITY STUDY and whereas
the CONSULTANT agrees to furnish the various professional services required by the CLIENT.
NOW, THEREFORE, in consideration of the mutual covenants and promises between the parties hereto,
it is agreed:
SECTION I - CONSULTANT'S SERVICES
A. The CONSULTANT agrees to perform the various Basic Services in connection with the proposed
project as described in Exhibit I.
B. Upon mutual agreement of the parties hereto, Additional Services may be authorized as described
in Exhibit I or as described in Paragraph IV.B.
SECTION II - THE CLIENT'S RESPONSIBILITIES
A. The CLIENT shall promptly compensate the CONSULTANT in accordance with Section III of this
Agreement.
B. The CLIENT shall place any and all previously acquired information in its custody at the disposal
of the CONSULTANT for its use. Such information shall include but shall not be limited boundary
surveys, topographic surveys, preliminary sketch plan layouts, building plans, soil surveys,
abstracts, deed descriptions, tile maps and layouts, aerial photos, utility agreements, environmental
reviews, and zoning limitations. The CONSULTANT may rely upon the accuracy and sufficiency
of all such information in performing services unless otherwise instructed, in writing, by CLIENT.
C. The CLIENT will guarantee access to and make all provisions for entry upon both public and
private portions of the project and pertinent adjoining properties.
D. The CLIENT will give prompt notice to the CONSULTANT whenever the CLIENT observes or
otherwise becomes aware of any defect in the proposed project.
E. The CLIENT shall designate a liaison person to act as the CLIENT'S representative with respect to
services to be rendered under this Agreement. Said representative shall have the authority to
transmit instructions, receive instructions, receive information, interpret and define the CLIENT'S
policies with respect to the project and CONSULTANT'S services.
Public Standard Agreement (2004 Form) VER. 6/22/2006
Page 1 of 10
F. The CLIENT shall provide such legal, accounting, independent cost estimating and insurance
counseling services as may be required for completion of the consultant services described in this
agreement.
G. The CLIENT will obtain any and all regulatory permits required for the proper and legal execution
of the project.
H. The CLIENT will hire, when requested by the CONSULTANT, an independent test company to
perform laboratory and material testing services, and soil investigation that can be justified for the
proper design and construction of the project. The CONSULTANT shall assist the CLIENT in
selecting a testing company. Payment for testing services shall be made directly to the testing
company by the CLIENT and is not part of this Agreement.
Public Standard Agreement (2004 Form) VER. 6/22/2006
Page 2 of 10
SECTION III - COMPENSATION FOR SERVICES
A. FEES.
1. The CLIENT will compensate the CONSULTANT in accordance with the following schedule
of fees for the time spent in performance of Agreement services.
Schedule of Fees
Classification Hourly Rates
Sr. Project Manager - Principal Engineer/Surveyor
$120-150/Hour
Project Manager
$85-145/Hour
Project/Design Engineer/Planner
$60-135/Hour
Licensed Surveyor
$70-135/Hour
Project Surveyor
$60-100/Hour
Specialist (Nat. Resources; GIS; Traffic; Other)
$70-120/Hour
Senior Technician (Inc. Survey)
$70-120/Hour
Technician (Inc. Survey)
$50-90/Hour
Administrative Support & Clerical
$35-80/Hour
GPS/Robotic Survey Equipment
No Charge
CAD/Computer Usage
No Charge
Routine Photo Copying/Reproduction
No Charge
Field Supplies/Survey Stakes & Equipment
No Charge
Mileage
No Charge
'No separate charges will be made for GPS or robotic total stations on Bolton & Menk, Inc. survey assignments; the
cost of this equipment is included in the rates for Survey Technicians.
2. Total cost for the services itemized under Section I.A (Basic Fee) shall not to exceed $54,816.
Itemization of this cost is as shown in the attached DETAILED WORK PLAN and PROJECT
FEES tables.
3. In addition to the foregoing, CONSULTANT shall be reimbursed at cost plus an overhead fee
(not -to -exceed 10%) for the following Direct Expenses when incurred in the performance of the
work.
a. CLIENT approved outside (facilities not owned by CONSULTANT) computer services.
b. CLIENT approved outside professional and technical services.
C. Outside reproduction and reprographic charges.
d. Expendable field supplies and special field equipment rental.
C. Other costs for such additional items and services that the CLIENT may require the
CONSULTANT to provide to fulfill the terms of this Agreement.
4. Additional services as outlined in Section I.B will vary depending upon project conditions and
will be billed on an hourly basis at the rate described in Section III.A.1.
Public Standard Agreement (2004 Form) VER. 6/22/2006
Page 3 of 10
B. The payment to the CONSULTANT will be made by the CLIENT upon billing at intervals not
more often than monthly at the herein rates.
Public Standard Agreement (2004 Form) VER. 6/22/2006
Page 4 of 10
SECTION IV - GENERAL
A. STANDARD OF CARE
Professional services provided under this Agreement will be conducted in a manner consistent with
that level of care and skill ordinarily exercised by members of the Consultant's profession currently
practicing under similar conditions. No warranty, express or implied, is made.
B. CHANGE IN PROJECT SCOPE
In the event the CLIENT changes or is required to change the scope of the project from that
described in Section I and/or the applicable addendum, and such changes require Additional
Services by the CONSULTANT, the CONSULTANT shall be entitled to additional compensation
at the applicable hourly rates. The CONSULTANT shall give notice to the CLIENT of any
Additional Services, prior to furnishing such additional services. The CLIENT may request an
estimate of additional cost from the CONSULTANT, and upon receipt of the request, the
CONSULTANT shall furnish such, prior to authorization of the changed scope of work.
C. LIMITATION OF LIABILITY
CONSULTANT shall indemnify, defend, and hold harmless CLIENT and its officials, agents and
employees from any loss, claim, liability, and expense (including reasonable attorneys' fees and
expenses of litigation) arising from, or based in the whole, or in any part, on any negligent act or
omission by CONSULTANT'S employees, agents, or subconsultants. In no event shall CLIENT
be liable to CONSULTANT for consequential, incidental, indirect, special, or punitive damages.
CLIENT shall indemnify, defend, and hold harmless CONSULTANT and its employees from any
loss, claim, liability, and expense (including reasonable attorneys' fees and expenses of litigation)
arising from, or based in the whole, or in any part, on any negligent act or omission by CLIENT'S
employees, agents, or consultants. In no event shall CONSULTANT be liable to CLIENT for
consequential, incidental, indirect, special, or punitive damages.
Nothing contained in this Agreement shall create a contractual relationship with or a cause of action
in favor of a third party against either the CLIENT or the CONSULTANT. The CONSULTANT'S
services under this Agreement are being performed solely for the CLIENT'S benefit, and no other
entity shall have any claim against the CONSULTANT because of this Agreement or the
performance or nonperformance of services provided hereunder. The CLIENT agrees to include a
provision in all contracts with contractors and other entities involved in this project to carry out the
intent of the paragraph.
D. INSURANCE
The CONSULTANT agrees to maintain, at the CONSULTANT'S expense, statutory worker's
compensation coverage.
The CONSULTANT also agrees to maintain, at CONSULTANT'S expense, general liability
insurance coverage insuring CONSULTANT against claims for bodily injury, death or property
damage arising out of CONSULTANT'S general business activities (including automobile use).
Public Standard Agreement (2004 Form) VER. 6/22/2006
Page 5 of 10
The liability insurance policy shall provide coverage for each occurrence in the minimum amount
of $1,000,000.
During the period of design and construction of the project, the CONSULTANT also agrees to
maintain, at CONSULTANT'S expense, Professional Liability Insurance coverage insuring
CONSULTANT against damages for legal liability arising from an error, omission or negligent act
in the performance of professional services required by this agreement, providing that such
coverage is reasonably available at commercially affordable premiums. For purposes of this
agreement, "reasonably available" and "commercially affordable" shall mean that more than half of
the design professionals practicing in this state in CONSULTANT'S discipline are able to obtain
coverage. The professional liability insurance policy shall provide coverage for each occurrence in
the amount of $1,000,000 and annual aggregate of $1,000,000 on a claims -made basis.
Upon request of CLIENT, CONSULTANT shall provide CLIENT with certificates of insurance,
showing evidence of required coverages.
E. OPINIONS OR ESTIMATES OF CONSTRUCTION COST
Where provided by the CONSULTANT as part of Exhibit I or otherwise, opinions or estimates of
construction cost will generally be based upon public construction cost information. Since the
CONSULTANT has no control over the cost of labor, materials, competitive bidding process,
weather conditions and other factors affecting the cost of construction, all cost estimates are
opinions for general information of the CLIENT and the CONSULTANT does not warrant or
guarantee the accuracy of construction cost opinions or estimates. The CLIENT acknowledges that
costs for project financing should be based upon contracted construction costs with appropriate
contingencies.
F. CONSTRUCTION SERVICES
It is agreed that the CONSULTANT and its representatives shall not be responsible for the means,
methods, techniques, schedules or procedures of construction selected by the contractor or the
safety precautions or programs incident to the work of the contractor.
G. USE OF ELECTRONIC/DIGITAL DATA
Because of the potential instability of electronic/digital data and susceptibility to unauthorized
changes, copies of documents that may be relied upon by CLIENT are limited to the printed copies
(also known as hard copies) that are signed or sealed by CONSULTANT. Except for
electronic/digital data which is specifically identified as a project deliverable by this
AGREEMENT or except as otherwise explicitly provided in this AGREEMENT, all
electronic/digital data developed by the CONSULTANT as part of the PROJECT is acknowledged
to be an internal working document for the CONSULTANT'S purposes solely and any such
information provided to the CLIENT shall be on an "AS IS" basis strictly for the convenience of
the CLIENT without any warranties of any kind. As such, the CLIENT is advised and
acknowledges that use of such information may require substantial modification and independent
verification by the CLIENT (or its designees). Provision of electronic/digital data, whether
required by this Agreement or provided as a convenience to the Client, does not include any license
of software or other systems necessary to read, use or reproduce the information. It is the
Public Standard Agreement (2004 Form) VER. 6/22/2006
Page 6 of 10
responsibility of the CLIENT to verify compatibility with its system and long-term stability of
media. CLIENT shall indemnify and hold harmless CONSULTANT and its Subconsultants from
all claims, damages, losses, and expenses, including attorneys' fees arising out of or resulting from
third party use or any adaptation or distribution of electronic/digital data provided under this
AGREEMENT, unless such third party use and adaptation or distribution is explicitly authorized by
this AGREEMENT.
H. REUSE OF DOCUMENTS
Drawings and Specifications and all other documents (including electronic versions of any
documents) prepared or furnished by CONSULTANT pursuant to this AGREEMENT are
instruments of service in respect of the Project and CONSULTANT shall retain exclusive
ownership and property interest therein whether or not the Project is completed. The
CONSULTANT shall be deemed the author of these documents and shall retain all common law,
statutory and other reserved rights including the copyright. CLIENT may make and retain copies
for information and reference in connection with the use and occupancy of the Project by CLIENT
and others; however, such documents are not intended or represented to be suitable for reuse by
CLIENT or others on extensions of the Project or on any other project. Any reuse by CLIENT or
any other entity without written verification or adaptation by CONSULTANT for the specific
purpose intended will be at CLIENT'S sole risk and without liability or legal exposure to
CONSULTANT and CLIENT shall indemnify, defend and hold harmless CONSULTANT from all
claims, damages, losses and expenses including attorney's fees arising out of or resulting therefrom.
Any such verification or adaptation will entitle CONSULTANT to further compensation at rates to
be agreed upon by CLIENT and CONSULTANT.
I. PERIOD OF AGREEMENT
This Agreement will remain in effect for the longer of a period of two years or such other explicitly
identified completion period, after which time the Agreement may be extended upon mutual
agreement of both parties.
PAYMENTS
If CLIENT fails to make any payment due CONSULTANT for services and expenses within thirty
days after date of the CONSULTANT'S invoice, a service charge of one and one-half percent
(1.5%) per month or the maximum rate permitted by law, whichever is less, will be charged on any
unpaid balance. In addition after giving seven days' written notice to CLIENT, CONSULTANT
may, without waiving any claim or right against the CLIENT and without incurring liability
whatsoever to the CLIENT, suspend services and withhold project deliverables due under this
Agreement until CONSULTANT has been paid in full all amounts due for services, expenses and
charges.
K. TERMINATION
This Agreement may be terminated by either party for any reason or for convenience by either party
upon seven (7) days written notice.
Public Standard Agreement (2004 Form) VER. 6/22/2006
Page 7 of 10
In the event of termination, the CLIENT shall be obligated to the CONSULTANT for payment of
amounts due and owing including payment for services performed or furnished to the date and time
of termination, computed in accordance with Section III of this Agreement.
L. CONTINGENT FEE
The CONSULTANT warrants that it has not employed or retained any company or person, other
than a bona fide employee working solely for the CONSULTANT to solicit or secure this Contract,
and that it has not paid or agreed to pay any company or person, other than a bona fide employee,
any fee, commission, percentage, brokerage fee, gift or any other consideration, contingent upon or
resulting from award or making of this Agreement.
M. NON-DISCRIMINATION
The provisions of any applicable law or ordinance relating to civil rights and discrimination shall be
considered part of this Agreement as if fully set forth herein.
The CONSULTANT is an Equal Opportunity Employer and it is the policy of the
CONSULTANT that all employees, persons seeking employment, subcontractors, subconsultants
and vendors are treated without regard to their race, religion, sex, color, national origin, disability,
age, sexual orientation, marital status, public assistance status or any other characteristic protected
by federal, state or local law.
N. CONTROLLING LAW
This Agreement is to be governed by the law of the State of Minnesota.
O. DISPUTE RESOLUTION
CLIENT and CONSULTANT agree to negotiate all disputes between them in good faith for a
period of 30 days from the date of notice of dispute prior to proceeding to formal dispute resolution
or exercising their rights under law. Any claims or disputes unresolved after good faith
negotiations shall first be submitted to mediation utilizing the Minnesota District Court Rule 114
Roster. Disputes not resolved by mediation shall then be submitted to arbitration in accordance
with provisions of the Construction Industry Arbitration Rules of the American Arbitration
Association. CONSULTANT and the CLIENT agree to require an equivalent dispute resolution
process governing all contractors, sub -contractors, suppliers, consultants, and fabricators concerned
with this project.
P. SURVIVAL
All obligations, representations and provisions made in or given in Section IV of this Agreement
will survive the completion of all services of the CONSULTANT under this Agreement or the
termination of this Agreement for any reason.
Public Standard Agreement (2004 Form) VER. 6/22/2006
Page 8 of 10
Q. SEVERABILITY
Any provision or part of the Agreement held to be void or unenforceable under any law or
regulation shall be deemed stricken, and all remaining provisions shall continue to be valid and
binding upon CLIENT and CONSULTANT, who agree that the Agreement shall be reformed to
replace such stricken provision or part thereof with a valid and enforceable provision that comes as
close as possible to expressing the intention of the stricken provision.
Public Standard Agreement (2004 Form) VER. 6/22/2006
Page 9 of 10
SECTION V - SIGNATURES
THIS INSTRUMENT embodies the whole agreement of the parties, there being no promises, terms,
conditions or obligation referring to the subject matter other than contained herein. This Agreement may
only be amended, supplemented, modified or canceled by a duly executed written instrument signed by
both parties.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed in their behalf.
CLIENT: City of Hopkins Minnesota CONSULTANT: Bolton & Menk, Inc.
Date
Marcus A. Thomas, P.E., BMI Office Manager
Bruce Firkins, P.E., L.S., Vice President
Date
Public Standard Agreement (2004 Form) VER. 6/22/2006
Page 10 of 10
e
May 30, 2012
City of Hopkins
c/o Bolton & Menk, Inc.
Attn.: Sarah E. Rippke, P.E.
12224 Nicollet Avenue
Burnsville, Minnesota 55337
Email: sarahri(cbolton-menk.com
Element Materials Technology
662 Cromwell Avenue
St Paul, MN
55114-1720 USA
RE: Proposal for Geotechnical Drilling and Engineering Services
City of Hopkins — 2013 Street and Utility Improvements
Pavement Evaluation Study
Hopkins, Minnesota
INTRODUCTION
P 651 645 3601
F 651 659 7348
T 888 786 7555
info.stpaul@element.com
element.com
Element Materials Technology thanks you for the opportunity to submit this proposal for
geotechnical exploration and engineering services for the above referenced project. We have
completed numerous projects with a similar scope and are familiar with the tasks involved to
complete these services of this project.
SCOPE OF WORK
Based on your request and review of the project scope, the following is a brief overview of the
included services.
1. Meet with City and their engineering representatives to discus boring locations and
existing pavement conditions of areas identified on Bolton & Menk Plan.
2. Layout twenty-two (22) boring locations as identified from Bolton & Menk Plan for
soil/pavement evaluation. Elevations of the test locations should be taken by the project
surveyor and submitted to us for inclusion in our final report.
3. Perform Gopher -State -One -Call utility clearance to locate public utilities within the drilling
area. The client and/or property owner should mark any private utilities within the drilling
area not located by Gopher -State -One -Call. If the client or current property owner
cannot locate these utilities, a Private Locator may have to be retained to locate
unmarked utilities, if needed, at a cost of $120.00/hour.
4. Provide limited traffic control including signs and cones depending on traffic condition
during drilling activities. Explore the subsurface soil and groundwater conditions by
drilling sixteen (16) Standard Penetration Test (SPT) soil borings each to a unit depth of
approximately 18' and six (6) SPT borings to a unit depth of approximately 12' or to
This agreement shall be governed exclusively by the general terms and conditions of sale and performance of testing services by Element
Materials Technology a North Carolina Business corporation d.d. 05/01/2001. In no event shall Element Materials Technology be liable for
any consequential, special or indirect loss or any damages above the cost of the work. Payment is due within 30 days of invoice.
Proposal for Geotechnical Drilling and Engineering Services Page 2 of 4
City of Hopkins — 2013 Street and Utility Improvements
Pavement Evaluation Study
Hopkins, Minnesota
auger refusal upon bedrock using a truck mounted drill rig at the proposed drilling
locations. Boring depth may be extended per prior authorization from client if soft soils
are encountered to properly evaluate geotechnical options. Patch bore holes with auger
cuttings and bentonite chips. Cold bituminous patch matching the thickness of the
existing pavement would be used at the surface through the pavement areas. Clean up
borehole location after completion of coring and drilling operations.
5. Perform laboratory review of soil samples to check soil classification. Perform additional
laboratory tests to identify soil properties and characteristics. Laboratory tests to include
moisture content and mechanical analysis tests.
6. Prepare a factual engineering report including only a cover letter with logs of soil borings
with standard penetration readings, existing pavement thickness and aggregate base
thickness (if encountered), and a site plan showing the approximate boring locations.
The report would also include a table showing existing pavement thickness and
aggregate base thickness (if encountered) with an estimate of an R -value for pavement
section design. No pavement design would be included in the report. A minimum of
three (3) copies of the report and one electronic copy in PDF format would be delivered
to you or the parties you designate.
FIELD WORK/SCHEDULE
The boring work and laboratory testing will be in general accordance with the applicable
American Standards for Testing and Materials (ASTM) procedures. The soils will be visually
and manually classified in the field and then in the laboratory by a geotechnical engineer. The
borings will extend to the requested depths as indicated and the locations will be those shown
on the boring location plan. The bore -holes may extend deeper if suitable subsoils are not
encountered as authorized by the client. Prior to drilling we will clear public utilities through the
Gopher -State -One -Call. The client (City) should mark any private buried lines. If additional
private utility clearances are required then additional charges may apply.
We could begin work on this project shortly after authorization is given to us by the client. We
understand this to occur by the end of May 2012 or first two weeks in June. Site drilling would
commence shortly after utilities are cleared. We estimate this to occur approximately 8
business days after the contract is signed to allow for the site meeting, layout and utility
clearances. We estimate the drilling to take approximately 5 to 6 days provided no interruption
from weather/traffic with the final report completed 10 to 12 business days after completion of
drilling operations. Preliminary findings could be provided upon your request after site drilling is
completed. This would include boring logs and preliminary recommendations.
GEOTECHNICAL REVIEW/REPORT
We would submit a report to you and the parties you designate including soil boring logs and a
table of the encountered pavement and aggregate base thicknesses and an estimated R -value.
This agreement shall be governed exclusively by the general terms and conditions of sale and performance of testing services by Element
Materials Technology a North Carolina Business corporation d.d. 05/01/2001. In no event shall Element Materials Technology be liable for
any consequential, special or indirect loss or any damages above the cost of the work. Payment is due within 30 days of invoice.
Proposal for Geotechnical Drilling and Engineering Services
City of Hopkins — 2013 Street and Utility Improvements
Pavement Evaluation Study
Hopkins, Minnesota
COST
The fee for the requested services as detailed above is outlined below:
Site Meeting, Gopher -State -One -Call Utility Locates,
Mobilization drill rig & crew, traffic control: signs and cones,
drilling and sampling twenty-two (22) SPT borings,
360' total, Patch bore -holes, Clean-up,
Demobilization, Laboratory soil sample review and testing,
Project management and factual geotechnical report as
described above. Lump Sum
Page 3 of 4
$7,800.00
Total Estimated Project Costs: Lump Sum $7,800.00 *
This quote does not include environmental testing or consultant services. These services
can be provided for your convenience, if required, at an additional cost.
Additional boring depth if needed and authorized by the client would be at a rate of $18.00/foot.
Additional mobilization charges may apply if additional work requested extends to additional
days. Additional engineering if needed and authorized by the client would be at a rate of
$110.00/hour.
Our drill rig may cause minor damage to the surface while drilling especially in wet conditions.
We will try our best to minimize such damage. This quote does not include repairing damage
caused to the surface by our drill rig.
Client to provide access to boring locations prior to drilling. This proposal does not include the
cost of tree cutting, snow plowing or making/constructing access to the boring locations.
Rock coring is not included in this proposal. If rock coring is required and authorized by the
client would be at a rate of $50.00/foot plus set up costs. We do not anticipate at the depths of
the borings that rock coring would be required for this project.
This price is valid for thirty days from date above. Invoices are due upon receipt. A late payment
FINANCE CHARGE will be charged at the periodic rate of 1.5% per month (or the maximum
allowed by law) on any balance remaining unpaid 30 days after the date of the invoice.
This agreement shall be governed exclusively by the general terms and conditions of sale and performance of testing services by Element
Materials Technology a North Carolina Business corporation d.d. 05/01/2001. In no event shall Element Materials Technology be liable for
-,-f f i� AL ..dihin 3n rinve of invnira
Proposal for Geotechnical Drilling and Engineering Services Page 4 of 4
City of Hopkins — 2013 Street and Utility Improvements
Pavement Evaluation Study
Hopkins, Minnesota
REMARKS
This estimate covers the work needed to perform the soil exploration, obtain field samples, and
prepare reports. If this proposal is acceptable, please sign one of the enclosed copies and
return it for our files.
Thank you for the opportunity to be of service. We look forward to working with you on this
project. If you have any questions, please call Mark Straight at (651) 659-7447.
Respectfully submitted,
ELEMENT MATERIALS TECHNOLOGY
Mark Straight, P.E.
Senior Project Engineer
By signing this Agreement, Client assents to the terms and conditions set forth above and
attached.
ACCEPTED:
Client:
Authorized
Signature:_
Typed
Name:
Date:
F:\BMC\2012CME1GE01_2012 Geotechnical Proposals\Pavement Evaluation Borings 2013 Street Improvements City of Hopkins May 30 2012 Revised for Borings
Only.doc
This agreement shall be governed exclusively by the general terms and conditions of sale and performance of testing services by Element
Materials Technology a North Carolina Business corporation d.d. 05/01/2001. In no event shall Element Materials Technology be liable for
-- _ ____:_ -- I___ ,.......I-- �K—n the nnet of tho wnrk Pavment is due within 30 days of invoice.
CITY OF HOPKINS
HENNEPIN COUNTY, MINNESOTA
RESOLUTION 2012-037
RESOLUTION ORDERING THE PREPARATION OF A FEASIBILITY REPORT
FOR YEAR 2013 STREET AND UTILITY IMPROVEMENTS
CITY PROJECT 2012-10
WHEREAS, the following streets are in need of reconstruction: Monroe Avenue South,
Jackson Avenue South, Van Buren Avenue South, Harrison Avenue South, 1St Street South, 2nd
Street South, and West Park Lane; and
WHEREAS, City staff is requesting that these streets be upgraded under the City's
assessment policy even though no petition for the upgrade has been submitted; and
WHEREAS, the first step in the assessment procedure is the ordering of a feasibility
report.
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Hopkins,
Minnesota, that the proposed improvements be referred to the firm Bolton and Menk, Inc. for
study and that they be instructed to report to the Council, with all convenient speed advising the
Council in a preliminary way as to whether the proposed improvement is necessary, cost-
effective, and feasible and as to whether it should best be made as proposed or in connection
with some other improvement, and the estimated cost of the improvement as recommended.
Adopted by the City Council of the City of Hopkins, Minnesota, this 5th day of June, 2012.
Eugene J. Maxwell, Mayor
ATTEST:
Kristine Luedke, City Clerk