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CR 2012-109 Public Hearing - 2013 Street and Utility Improvement Projectm September 18, 2012 City of Hopkins Council Report 2012-109 Public Hearing 2013 Street and Utility Improvement Project City Project 2012-10 Proposed Action. Staff recommends adoption of the following motion: Move that Council adopt Resolution 2012- 070, Resolution Ordering Improvement after Public Hearing, 2013 Street and Utility Improvement project, Project 2012-10, and companion Resolution 2012-071, stating City's intent to sell bonds to fund this project, and authorize the Mayor and City Manager to enter into an agreement with Bolton and Menk, Inc. for project engineering e�ering services. This action continues an assessable project for street improvements. Overview. At the June 5, 2012 meeting, the Hopkins City Council authorized Bolton and Menk, Inc. to prepare a feasibility report concerning street and utility improvements in the South Presidential Neighborhood. At its August 21, 2012 meeting, Council ordered a public hearing on the improvements for September 18, 2012. Hearing notices have been mailed to all affected property owners of record. In accordance with state statutes, City Council needs to conduct the public hearing and determine authorization of the project. Following the public hearing, if the project is ordered, City Council is asked to authorize the engineering services for the project and to state the City's intent to sell bonds to fund the project. Primary Issues to Consider. • Scope of improvements • Public Input • Assessments • Budget • Engineering Services • Schedule • Staff recommendation ohn R. Bradford, City Engineer Supporting information. • Public Hearing Notice, Affidavit of Mailing and Proposed Pending Assessment Roll • Engineering Services Agreement • Resolutions 2012-070 and 2012-071 • Feasibility Report Financial Impact: $ 4.914M Budgeted: Y/N Y Source: Utilities, PIR, SA, & Utility Funds Related Documents (CIP, ERP, etc.): CIP Notes: C:\Users\jbmdford\AppData\Local\Microsoft\Windows\Temporary Internet Files\Content.Outlook\PZMZOSLA\CR2012-109 Public Hearing 2013 Street Improvement Project.doc Council Report 2012-010 Page 2 Scope of Improvements This project includes the reconstruction of the following: • Monroe, Van Buren, and Harrison Avenues South from Excelsior Boulevard to 2nd Street South • Jackson Avenue South from Excelsior Boulevard to 1St Street South • 1St Street South from Monroe Avenue South to 300 ft east of Harrison Avenue South. • 2nd Street South form Monroe Avenue South to Harrison Avenue South • Trail replacement from Washington Avenue South to Harrison Avenue South • Trail repair from Harrison Avenue South to Blake Road • Water Tower Driveway • Water, Sanitary and Storm Sewer facilities The pavement condition index for most of the project area is below 40, which indicates failed pavement and warrants reconstruction. Proposed street improvements include full reconstruction with new curb and gutter throughout the project area. Proposed water main improvements include the removal and replacement of the main, valves and hydrants in the area. Additionally, all water services will be replaced from the main to the property line unless they are copper and less than 10 years old. We have included relocating the 16" trunk water main from the alley right of way east of Harrison Ave. S to Harrison Ave S itself. If we move forward with this item, the $100,000 cost differential between a standard 8" main and the 16" main would be borne by Blake School. Sanitary sewer improvements include the removal and replacement of the main, manholes and non -PVC service lines from the main to the property lines. Proposed storm sewer improvements include removal and replacement of the storm sewer main, adding new storm sewer and inlet structures to reduce water ponding in the street, and adding treatment to reduce sediment accumulation in the Harley Hopkins park area. Pedestrian facilities include removal and replacement of much of the existing sidewalk so that drainage improvements in boulevards and front yard can be accomplished. Improvements also include removing and replacing the trail along 2nd Street South and repairs to the trail south of Blake School. Additionally, new sidewalk is added on the south side of 1St Street South along the park and school project. The driveway leading up to the Water Tower will be reconstructed with a safer turn around area at the tower itself. Street signs will also be replaced in the project. C:\Users\jbmdford\AppData\Local\Microsoft\Windows\Temporary Internet Files\Content.Outlook\PZMZOSLA\CR2012-109 Public Hearing 2013 Street Improvement Project.doc Council Report 2012-010 Page 3 Public Input A public information meeting was held on September 5, 2012. Seventeen property owners attended and were generally supportive of the proposed improvements. We also sent a questionnaire to all property owners in the neighborhood and received 46 responses. Drainage concerns were the most notable comment in the responses. In addition to these efforts, we had individual discussions with the School District and residents that may be particularly impacted by the project. Assessments The proposed street assessments are based on the City's Assessment Policy whereby 70% of the street reconstruction cost and 50% of the water service and sanitary sewer service replacements are assessed to the benefiting properties. The assessment cap for residential properties is $76.68 per front foot for this project based on adding 3% to the 2012 cap. Without the cap, the street assessments would be more than double the capped rate. The average total preliminary assessment is shown below. Larger parcels will have larger street assessments and small lots will have smaller assessments. Street Assessment (47 ff@$76.68) $3,604 Sanitary Sewer Service 935 Water Service 990 Total $5,529 There are three notable non-residential properties on the project; SuperValu, Harley Hopkins School, and the park adjacent to the school. The preliminary assessments for these properties are listed below: SuperValu $185,265 Hopkins School District 151,468 City of Hopkins 74,820 Additionally, we are in discussions with the School District about improving the fence area on the west side of Harley Hopkins School with a decorative fence and improved boulevard. We estimate this work to be approximately $22,000 and would be paid by the School District. C:\Users\jbradford\AppData\Local\Microsoft\Windows\Temporary Internet Files\Content.Outlook\PZMZOSLA\CR2012-109 Public Hearing 2013 Street Improvement Project.doc Council Report 2012-010 Page 4 Project Budget The estimate costs for this project, which includes 15% contingency and 25% for legal, administrative, engineering and fiscal costs, are as follows: PIR $1,515,000 Assessments 1,101,000 Storm Sewer Fund 500,000 Sanitary Sewer Fund 711,000 Water Fund 1,088,000 Total $49914,000 The CIP budget for the project is $6,100,000. Engineering Services Bolton and Menk, Inc. proposes to offer plan/specification preparation, construction staking and inspection, project administration and record drawings at a cost of $415,844. This proposal is roughly 13.3% of a projected construction cost of $3,420,000. This rate compares favorably with previous projects, including the 2006 through 2012 street improvement projects. Schedule The proposed schedule is listed below: Aug 21, 2012 Approve Feasibility Study, Order Public Hearing Sept 5, 2012 Neighborhood Meeting Sept 18, 2012 Public hearing, Order Project and Final Design Nov 20, 2012 Approve plans & Specifications, Authorize Bidding Dec 19, 2012 Open Bids Jan 8, 2013 Accept bids, Order Assessment Hearing Feb 5, 2013 Conduct Assessment Hearing, Adopt Assessment Role, Award Bid May -Oct. 2013 Construction Staff Recommendation Staff recommends ordering this improvement project with adoption of Resolution 2012-070 and adopting companion resolution 2012-071. Staff further recommends authorizing the Mayor and City Manager to enter into an agreement with Bolton and Menk, Inc. for engineering services related to this project. C:\Users\jbradford\AppData\Local\Microsoft\Windows\Temporary Internet Files\Content.Outlook\PZMZOSLA\CR2012-109 Public Hearing 2013 Street Improvement Project.doc NOTICE OF PUBLIC HEARING ON IMPROVEMENT 2013 STREET AND UTILITY IMPROVEMENT PROJECT CITY PROJECT NO. 12-10 TO WHOM IT MAY CONCERN: Notice is hereby given that the City Council will hold the Public Hearing in the City Council Chambers of the Hopkins City Hall at 7:30 p.m. on Tuesday, September 18, 2012, to consider the making of an improvement on: Monroe Avenue S: Excelsior Blvd to 2"d Street S; Jackson Avenue S: Excelsior Blvd to 1s1 Street S; Van Buren Avenue S: Excelsior Blvd to 2"d Street S; Harrison Avenue S: Excelsior Blvd to 2"d Street S; I" Street S: Monroe Avenue S to eastern limits; and 2"d Street S: Monroe Avenue S to Harrison Avenue S. The project also includes the Blake Water Tower access drive and the trail from Blake Road to Washington Avenue South. by reconstruction of bituminous streets including improvement to the storm sewer, water distribution, and sanitary sewer systems; concrete curb and gutter replacement; pedestrian facility improvements; and the associated boulevard restoration; pursuant to Minnesota Statutes, Section 429.011 to 429.111. The area proposed to be assessed for such improvement contains the following parcels: Plat Name Sec Twp Knit Q/Q Suffix West Minneapolis Center 19 117 21 31 0047-0048 West Minneapolis Center 19 117 21 31 0055-0057 West Minneapolis Center 19 117 21 31 0061 East Hopkins Addn 19 117 21 31 0065 Registered Land Survey No 1143 19 117 21 33 0027 West Minneapolis Center 19 117 21 34 0005-0014 West Minneapolis Center 19 117 21 34 0018-0031 West Minneapolis Center 19 117 21 34 0033-0041 West Minneapolis Center 19 117 21 34 0043-0087 West Minneapolis Center 19 117 21 34 0089-0100 West Minneapolis Center 19 117 21 34 0102-0103 West Minneapolis Center 19 117 21 34 0105-0108 West Minneapolis Center 19 117 21 34 0110-0113 West Minneapolis Center 19 117 21 34 0115-0120 West Minneapolis Center 19 117 21 34 0123-0134 West Minneapolis Center 19 117 21 34 0136-0148 West Minneapolis Center 19 117 21 34 0150 East Hopkins Addn 19 117 21 34 0152-0153 The estimated cost of the improvement is $6,100,000. A reasonable estimate of the impact of the assessment will be available at the hearing. Such persons as desire to be heard with reference to the proposed improvement will be heard at this meeting. Kristine A. Luedke, City Clerk Dated: August 29, 2012 Published in Hopkins Sun Sailor on September 6 and 13, 2012 City of Vfopkins 1010 First Street South • Hopkins, MN 55343-7573 • Phone: 952-935-8474 • FaX. 952-935-1834 A33 Web address: www.hopkinsmn.com September 6, 2012 ((OWNER—NAME)) ((OWNER-2—NAME)) ADDRESS—l» ((ADDRESS -2>> ((ADDRESS—3>> Dear Property Owner(s): As you may be aware, the streets in your neighborhood are scheduled to be reconstructed next year. The project includes replacing the streets, curb and gutter, water and sanitary sewer systems, as well as the storm sewer. These improvements include assessments to the owners of property in the project area. Most residential properties will have an assessment in the range of $5,500 to $7,000 depending on lot size. As part of the process for assessing public improvement costs to property owners, the City holds a Public Hearing. The public hearing is an opportunity for property owners to go before the City Council and let them know how you feel about the project. The Public Hearing is set for September 18, 2012 at 7:30 PM in the Council Chambers at City Hall. The Public Hearing will consist of a presentation of the Feasibility Report for this project by myself and our consulting engineer. The report describes the need for the project, the proposed improvements, costs, assessments and the project schedule. Most of this information will have been covered in the information meeting held on September 5, 2012. The comments we received are also included in the Feasibility Report. The attached notice is the legally required language for letting you know about the Hearing. I look forward to seeing you at the Public Hearing and answer any questions you may have. If you have any questions before the meeting, please contact me at 952-548-6356. Sincerely, CITY OF HOPKINS John R. Bradford, P.E. City Engineer Enclosure Partnering with the Community to Enhance the Qgality of Life • Inspire • Educate • Involve • Communicate • NOTICE OF PUBLIC HEARING ON IMPROVEMENT 2013 STREET AND UTILITY IMPROVEMENT PROJECT CITY PROJECT NO. 12-10 «PID_NO» «O WNER_NAME>> <<OWNER_2 NAME» «ADDRESS_1» «ADDRESS_2» ADDRESS -3» RE: � «PID NO», ((HSE NO» « STREETNAME», HOPKINS, MN TO WHOM IT MAY CONCERN: Notice is hereby given that the City Council will hold the Public Hearing in the City Council Chambers of the Hopkins City Hall at 7:30 p.m. on Tuesday, September 18, 2012, to consider the making of an improvement on: Monroe Avenue S: Excelsior Blvd to 2 n Street S; Jackson Avenue S: Excelsior Blvd to 1St Street S; Van Buren Avenue S: Excelsior Blvd to 2 n Street S; Harrison Avenue S: Excelsior Blvd to 2nd Street S; 1St Street S: Monroe Avenue S to eastern limits; and 2"d Street S: Monroe Avenue S to Harrison Avenue S. The project also includes the Blake Water Tower access drive and the trail from Blake Road to Washington Avenue South. by reconstruction of bituminous streets including improvement to the storm sewer, water distribution, and sanitary sewer systems; concrete curb and gutter replacement; pedestrian facility improvements; and the associated boulevard restoration; pursuant to Minnesota Statutes, Section 429.011 to 429.111. The area proposed to be assessed for such improvement is shown on the back side of this notice. The estimated cost of the improvement is $6,100,000. A reasonable estimate of the impact of the assessment will be available at the hearing. Such persons as desire to be heard with reference to the proposed improvement will be heard at this meeting. Kristine A. Luedke, City Clerk Dated: September 6, 2012 Published in Hopkins Sun Sailor on September 6 and 13, 2012 The area proposed to be assessed for such improvement contains the following parcels: Plat Name Sec Twp Rna Q/Q Suffix West Minneapolis Center 19 117 21 31 0047-0048 West Minneapolis Center 19 117 21 31 0055-0057 West Minneapolis Center 19 117 21 31 0061 East Hopkins Addn 19 117 21 31 0065 Registered Land Survey No 1143 19 117 21 33 0027 West Minneapolis Center 19 117 21 34 0005-0014 West Minneapolis Center 19 117 21 34 0018-0031 West Minneapolis Center 19 117 21 34 0033-0041 West Minneapolis Center 19 117 21 34 0043-0087 West Minneapolis Center 19 117 21 34 0089-0100 West Minneapolis Center 19 117 21 34 0102-0103 West Minneapolis Center 19 117 21 34 0105-0108 West Minneapolis Center 19 117 21 34 0110-0113 West Minneapolis Center 19 117 21 34 0115-0120 West Minneapolis Center 19 117 21 34 0123-0134 West Minneapolis Center 19 117 21 34 0136-0148 West Minneapolis Center 19 117 21 34 0150 East Hopkins Addn 19 117 21 34 0152-0153 1911721310047 Eng 1911721310048 Eng 1911721310055 Eng COUNTY OF HENNEPIN COUNTY OF HENNEPIN COUNTY OF HENNEPIN ATTN: REAL ESTATE MANAGER ATTN: REAL ESTATE MANAGER ATTN: REAL ESTATE MANAGER 701 4TH AVE S STE 400 701 4TH AVE S STE 400 701 4TH AVE S STE 400 MINNEAPOLIS MN 55415 MINNEAPOLIS MN 55415 MINNEAPOLIS MN 55415 1911721310061 Eng 1911721330027 Eng 1911721310065 Eng COUNTY OF HENNEPIN CITY OF HOPKINS SUPER VALU STORES INC ATTN: REAL ESTATE MANAGER 1010 IST ST S C/O REAL ESTATE SERVICES 701 4TH AVE S STE 400 HOPKINS MN 55343 P O BOX 990 MINNEAPOLIS MN 55415 MINNEAPOLIS MN 55440 1911721340005 Eng 1911721340006 Eng 191 1721340007 Eng THOMAS LAGESSE LINDA J REZNICK LANDSCAPE CONSTRUCTION INC SUSAN LAGESSE 57 HARRISON AVE S P O BOX 68 59 HARRISON AVE S 14OPKINS MN 55343 COLFAX WI 54730 HOPKINS MN 55343 1911721340008 Eng 1911721340009 Eng 1911721340010 Eng LANDSCAPE INC THE BLAKE SCHOOL BLAKE SCHOOL LANDSCAPE CONST INC 110 BLAKE RD S 110 BLAKE 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JACKSON AVE S HOPKINS MN 55343 HOPKINS MN 55343 HOPKINS MN 55343 1911721340069 Eng 1911721340067 Eng 1911721340068 Eng SANDRA R SHINGLER WALTER R PEEKE CARL G LOFGREN 18 JACKSON AVE S 22 JACKSON AVE S JANIS LOFGREN HOPKINS MN 55343 HOPKINS MN 55343 26 JACKSON AVE S HOPKINS MN 55343 1911721340070 Eng 1911721340072 Eng 1911721340071 Eng CODY J KESKITALO WILLIAM R WILTS TODD S/ELIZABETH S STROESSNER TRACI L KESKITALO 34 JACKSON AVE S HO -CHUNK NATION H O P 30 JACKSON AVE S HOPKINS MN 55343 P O BOX 170 HOPKINS MN 55343 TOMAH WI 54660 1911721340073 Eng 1911721340074 Eng 1911721340075 Eng JULIE A DOMEIER NATHAN BROWN MICHAEL R MARTINEAU 42 JACKSON AVE S 236 TYLER AVE N 50 JACKSON AVE S HOPKINS MN 55343 HOPKINS MN 55343 HOPKINS MN 55343 1911721340076 Eng 1911721340077 Eng 1911721340078 Eng DIANA J ROUSE THOMAS P SCHOMMER MARK A GOETHKE 54 JACKSON AVE S 58 JACKSON AVE S 57 MONROE AVE S HOPKINS MN 55343 HOPKINS MN 55343 HOPKINS MN 55343 1911721340081 Eng 1911721340079 Eng 1911721340080 Eng 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WELLS FARGO FINANCIAL MN INC PREMIERE ASSET SERVICES MAC X3800 -03C 8480 STAGECOACH CIR FREDERICK MD 21701 1911721340138 Eng MARK J WILLIAMS 432 ARNAZ DR #8 LOS ANGELES CA 90048 1911721340141 Eng CITY OF HOPKINS 1010 1ST ST S HOPKINS MN 55343 1911721340144 Eng STEPHANIE BERGLUND 12725 43RD AVE N PLYMOUTH MN 55442 1911721340147 Eng JAMES P MEYERS 10 HARRISON AVE S HOPKINS MN 55343 1911721340153 Eng THE BLAKE SCHOOL ATTN: BUSINESS MANAGER 110 BLAKE RD S HOPKINS MN 55343 1911721340136 Eng MATTHEW S HOBBS CYNTHIA J HOBBS 129 VAN BUREN AVE S HOPKINS MN 55343 1911721340139 Eng SHARON L ZWIEG 18 VAN BUREN AVE S HOPKINS MN 55343 1911721340142 Eng JESSICA B SWENSON 37625 THEASANT RUN ELIZABETH CO 80107 1911721340145 Eng MELISSA MACHKHASHVILI MAMUKA MACHKHASHVILI 142 HARRISON AVE S HOPKINS MN 55343 1911721340148 Eng BRIAN LINDBERG CARINE LINDBERG 14 HARRISON AVE S HOPKINS MN 55343 AFFIDAVIT OF MAILING PUBLIC HEARING NOTICE STATE OF MINNESOTA ) SS. COUNCIL OF HOPKINS ) Kristine Luedke, being first duly sworn, deposed and says: I am a United States citizen, over 21 years of age, and the City Clerk of the City of Hopkins, Minnesota. On September 6, 2012 acting on behalf of the said city, I caused to be deposited in the United States Post Office at the City of Hopkins, Minnesota, copies of the attached notice of public hearing for the 2013 Street and Utility Improvement Project, City Project No. 12-10, enclosed in sealed envelopes, with postage thereon fully prepaid, addressed to the following persons at the addresses appearing on the attached copy of the mailing list. There is delivery service by United States mail between the place of mailing and the places so addressed. Signature Subscribed and sworn to bef me s 6th day of September, 2012. "� 1 t Y Nota4 Public JOCELYN AUCIA MERZ Noay Pub0oftwowft Mp oww"M 80"imm.2me • : F=:; (Z> I_TON & NA r-== N K Consulting Engineers & Surveyors 12224 Nicollet Avenue • Burnsville, MN 55337 Phone (952) 890-0509 • Fax (952) 890-8065 www.bolton-menk.com September 12, 2012 Mr. John Bradford, P.E., City Engineer City of Hopkins 1010 V Street South Hopkins, MN 55343 RE: Proposal for Professional Engineering and Surveying Services 2013 Street and Utility Improvements — Final Design and Construction Services City of Hopkins, Minnesota City Project No. 2012-10 BMI Project No. T16.105147 Dear Mr. Bradford: We are pleased to offer you our proposal for professional engineering and surveying services for the final design and construction phases of the City of Hopkins' 2013 Street and Utility Improvements. This proposal is based on the project scope detailed in our feasibility report completed for this project. This proposal has been prepared in the form of our standard agreement. Upon your review and approval of this agreement, please print and sign two (2) copies 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 be of service to you and the City of Hopkins. We appreciate our ongoing relationship with Hopkins and look forward to another successful project with the City. As you review this proposal, if you have any questions or would like to discuss any of its details, please do not hesitate to call me. Sincerely, BOLTON & MENK, INC. r Marcus A. Thomas, P.E. Principal Engineer Enclosures NAPROPOSAI.S HopkinsWopkins 2013 052512\Final Design & Construction\Bradford 2012-09-12.doc DESIGNING FOR A BETTER TOMORROW Bolton & Menk is an equal opportunity employer AGREEMENT FOR PROFESSIONAL SERVICES FINAL DESIGN AND CONSTRUCTION PHASE SERVICES 2013 STREET AND UTILITY IMPROVEMENTS CITY OF HOPKINS, MINNESOTA This Agreement, made this I lb day of September, 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 — FINAL DESIGN AND CONSTRUCTION PHASE SERVICES 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 9 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 9 SECTION III - COMPENSATION FOR SERVICES A. FEES. 1. The CLIENT will compensate the CONSULTANT in accordance with the following schedule of fees for the time spent in performance of Agreement services. Schedule of Fees Classification Hourly Rates Sr. Project Manager — Sr. Principal Engineer/Surveyor $120 -150/1 -lour Sr. Project Manager — Principal Engineer/Surveyor $100-150/Hour Project Manager $100 -145/1 -lour Project/Design Engineer/Planner $60 -135/1 -lour Licensed Surveyor $70 -145/1 -lour Project Surveyor $60 -100/1 -lour Specialist (Nat. Resources; GIS; Traffic; Other) $70 -120/1 -lour Senior Technician (Inc. Survey') $70 -120/1 -lour Technician (Inc. Survey) $50-90/Hour Administrative Support & Clerical $35-80/1-Iour 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 estimated cost for the services itemized under Section I.A (Basic Fee) is $415,844. 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. e. Other costs for such additional items and services that the CLIENT may require the CONSULTANT to provide to fulfill the terms of this Agreement. 4. Additional services as outlined in Section I.B will vary depending upon project conditions and will be billed on an hourly basis at the rate described in Section III.A.1. 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 3 of 9 SECTION IV - GENERAL A. STANDARD OF CARE Professional services provided under this Agreement will be conducted in a manner consistent with that level of care and skill ordinarily exercised by members of the Consultant's profession currently practicing under similar conditions. No warranty, express or implied, is made. B. CHANGE IN PROJECT SCOPE In the event the CLIENT changes or is required to change the scope of the project from that described in Section I and/or the applicable addendum, and such changes require Additional Services by the CONSULTANT, the CONSULTANT shall be entitled to additional compensation at the applicable hourly rates. The CONSULTANT shall give notice to the CLIENT of any Additional Services, prior to furnishing such additional services. 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 4 of 9 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 5 of 9 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. J. 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 6 of 9 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 7 of 9 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 8 of 9 SECTION V - SIGNATURES THIS INSTRUMENT embodies the whole agreement of the parties, there being no promises, terms, conditions or obligation referring to the subject matter other than contained herein. This Agreement may only be amended, supplemented, modified or canceled by a duly executed written instrument signed by both parties. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed in their behalf. CLIENT: City of Hopkins, Minnesota CONSULTANT: Bolton & Menk, Inc. Marcus A. Thomas, P.E., BMI Office Manager Bruce Firkins, P.E., L.S., Vice President Date Date Public Standard Agreement (2004 Form) VER. 6/22/2006 Page 9 of 9 EXHIBIT I FINAL DESIGN, CONSTRUCTION OBSERVATION, ADMINISTRATION & STAKING 2013 STREET AND UTILITY IMPROVEMENTS CITY OF HOPKINS, MINNESOTA A. BASIC SERVICES In accordance with the City of Hopkins' Preliminary Engineering Report, Bolton & Menk, Inc. has been requested to complete final design, bidding assistance, construction staking, construction observation and construction administration services for the City's 2013 Street and Utility Improvements. The project area is within the South Presidential Neighborhood and includes the following corridors: ■ Monroe Avenue, between Excelsior Boulevard and 2nd Street South ■ Jackson Avenue, between Excelsior Boulevard and 15i Street South ■ Van Buren Avenue, between Excelsior Boulevard and 2nd Street South ■ Harrison Avenue, between Excelsior Boulevard and 2nd Street South ■ I't Street South, from Monroe Avenue to Blake School ■ 2nd Street, between Monroe Avenue and Harrison Avenue ■ Water tower access road from the intersection of Harrison Avenue and 2"d Street to the water tower ■ Bike trail corridor along the north side of 3`d Street South, between Washington Avenue and Monroe Avenue ■ Bike Trail corridor from the intersection of Harrison Avenue and 2nd Street South to Blake Road Detailed tasks associated with the work are itemized in the attached Detailed Work Plan and are described as follows: Task 1: Final Design Final design for the 2013 Street and Utility Improvements will be completed based on the Preliminary Engineering Report completed by Bolton & Menk, Inc. in September 2012. Detailed construction plans will be prepared in CAD, illustrating plan and profile views of the street reconstruction and utility improvements. Cross sections will be shown for reconstructed streets at a maximum of 50' spacing. Required construction details and tabulations will be completed. Special Provisions and construction cost estimates will also be prepared. Final plans and specifications will be completed in compliance with the City of Hopkins' Engineering Guidelines. Final plans will be submitted for review and comment by private utility owners. Permit applications will be completed as noted in the Preliminary Engineering Report. The project will be advertised, bids will be taken, and recommendation will be made to accept or reject bids. Meetings included during final design include two (2) City Staff meetings for design review, one (1) meeting with personnel from the Harley Hopkins Family Center, and two (2) City Council meetings for final plan presentation and conducting the Public Assessment Hearing. Supplementary Topographic Survey Completion of the Feasibility Study for this project has revealed the need for some additional topographic survey, necessary to complete the final design of the proposed improvements. These survey areas include the trail corridor between Washington Avenue and Monroe Avenue, I" Street South east of Harrison Avenue, ponding area within Harley Hopkins Park, watermain City of Hopkins September 11, 2012 T16.105147 connection point east of Harrision Avenue and south of Excelsior Boulevard, watermain interconnection point with City of Edina, and the alley radii at the north end of the neighborhood alleys. Special Assessments Assistance For this project, the City of Hopkins intends to assess this project prior to awarding the contract, based on low -bidder bid results. Bolton & Menk will prepare a final assessment roll after bids have been opened and will attend the public assessment hearing to assist City Staff. Task 2: Construction Services Construction Staking 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. Construction Observation and Administration This project is proposed to be constructed during the 2013 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 construction -related meetings, service as a liaison between the City and the contractor, review of the completed work to determine if the project is in general conformance with the plans and specifications, review 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 a pre -construction meeting, weekly project meetings, review of shop drawings, and preparation of pay estimates. Observation and administration services will be completed on an hourly basis. The projected fee estimate is based upon a 20 -week construction season. Estimated weekly time spent for observation and administration is 60hrs/wk and 20hrs/wk, respectively. Record Drawings 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. 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. 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U V U U U C F 'A, ¢ F F U O H N nl a lf1 f0 !` aq a O N 7 N N N q N N u ti W oz U a u CITY OF HOPKINS Hennepin County, Minnesota RESOLUTION NO. 2012-070 RESOLUTION ORDERING PUBLIC IMPROVEMENT, 2013 STREET IMPROVEMENT PROJECT, PROJECT NO. 2012-10 WHEREAS, a resolution of the City Council adopted the 21 th day of August, 2011 fixed a date for a Council Hearing on the proposed street improvements to Monroe, Jackson, Van Buren and Harrison Avenues South; 1St and 2nd Streets South, and the trail along 2nd Street South between Washington and Harrison Avenues South, including asphalt roadway, concrete curb and gutter installation and water, sanitary and storm sewer improvements and all necessary appurtenances, and WHEREAS, the City Council deems it appropriate and expedient to make such improvements, and WHEREAS, ten days mailed notice and two weeks published notice of the hearing was given, and the hearing was held thereon on the 181h day of September, 2012 at which all persons desiring to be heard were given an opportunity to be heard thereon. 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 feasibility report. 2. Such improvement is hereby ordered as proposed in the Council Resolution adopted the 17th day of January, 2012. The total estimated project cost is $4,914,000. 3. 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 18th day of September, 2012. Eugene J. Maxwell, Mayor ATTEST: Kristine A. Luedke, City Clerk CITY OF HOPKINS HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2012-071 DECLARING THE OFFICIAL INTENT OF THE CITY OF HOPKINS TO REIMBURSE CERTAIN EXPENDITURES FROM GENERAL OBLIGATION IMPROVEMENT BOND PROCEEDS TO BE ISSUED BY THE CITY OF HOPKINS WHEREAS, the Internal Revenue Service has issued Treas. Reg. #1.150-2 providing that proceeds of tax-exempt bonds used to reimburse prior expenditures shall not be deemed spent unless certain requirements are met; and WHEREAS, the City expects to incur certain expenditures, which may be financed temporarily from sources other than bonds, and reimbursed from the bond proceeds; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HOPKINS, MINNESOTA (THE CITY) AS FOLLLOWS: 1. The City intends to incur expenditures for the project described in Council Report 2012-109, for City Project 2012-10 (the "Project"), and intends to reimburse itself for such expenditures from the bond proceeds to be issued by the City in the maximum principal amount described in the "project". 2. The City Manager is authorized to designate additions to Project 2012-10 in circumstances where time is of the essence, and any such designation shall be reported to the Council at the earliest practicable date and shall be filed with the official books and records of the City. 3. This resolution is intended to constitute a declaration of official intent for the purpose of Treas. Reg. #1.150-2 and any successor law, regulation, ruling or amendment pertaining thereto. Adopted by the City Council of the City of Hopkins, Minnesota, this 181h day of September, 2012. Eugene J. Maxwell, Mayor ATTEST: Kristine A. Luedke, City Clerk