CR 97-115 Consultant Services Proposal
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June 11, 1997
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Council Report No. 97-115
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APPROVE CONSULTANT SERVICES PROPOSAL
EMERGENCY VEHICLE PREEMPTION SYSTEM
ProDosed Action.
staff recommends adoption of the following motion: Move that
Council approve a proposal from Bolton and Menk. Inc. for
professional services in the installation of emeroency vehicle
preemption systems.
overview.
The City is undertaking a second project to continue installation
of a vehicle preemption system at various signalized
intersections in Hopkins. The system preempts the traffic signal
to give emergency yehicles a green light as they approach
signalized intersection. This project is identified in the
current CIP.
primarv Issues to consider.
o Scope of project and funding
This project involves the wiring and placement of
detectors at Mainstreet/7th Avenue, Mainstreet/5th Avenue,
Minnetonka Mills Rd./5th Avenue North, and cambridge
street/Blake Road.
Installation costs are estimated at roughly $24,000 for
the four intersections. Approximately one-half the cost
is eligible for state Aid funding. The remaining 50% is
budgeted for out of current revenues.
o Consultant fee
Bolton and Menk has proposed to provide the required
engineering seryices to draw up plans and negotiate state
Aid approyal for an estimated fee of $10,000. That cost
would be subject to the same funding plan as the
construction costs.
o Recommendation
staff recommends approval of the Bolton and Menk proposal.
SUDDortina Information.
o Bolton and Menk proposal
J~S~
Engineering Superintendent
AGREEMENT FOR PROFESSIONAL SERVICES
EMERGENCY VEHICLE PREEMPTION SIGNAL IMPROVEMENTS - 1997
CITY OF HOPKlNS, MINNESOTA
TC97.0084
This Agreement, made this _ day of _, 19-, by and between the City of Hopkins, 1010 First
Street South, Hopkins, Minnesota, 55343-7573, hereinafter referred to as CLIENT, and BOLTON
& MENK, INC., 1515 E. Hwy 13, BumsvilIe, MN, 55337, hereinafter referred to as
CONSULTANT.
WITNESS, whereas the CLIENT requires professional engineering services in conjunction with
design of emergency vehicle preemption for the folIowing existing signalized intersections:
1. Main Street (State Aid) and 7th Avenue;
2. Main Street (State Aid) and 5th Avenue (State Aid);
3. MinnetonkaMilIs Road and 5th Avenue (one leg State Aid); and
4. Cambridge Street and Blake Road (CSAH 20).
And whereas the CONSULTANT agrees to furnish the various professional engineering services
required by the CLIENT.
NOW, THEREFORE, in consideration ofthe mutual covenants and promises between the parties
hereto, it is agreed:
SECTION I - CONSULTANT'S SERVICES
A. The CONSULT ANT 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 N.B.
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SECTION II - THE CLIENT'S RESPONSIBILITIES
A. The CLIENT shall promptly compensate the CONSULTANT in accordance with Section
III of this Agreement.
B. The CLIENT shall place any and all previously acquired information in its custody at the
disposal of the CONSULTANT for its use. Such information shall include but shall not be
limited to boundary surveys, topographic surveys, preliminary sketch plan layouts, building
plans, soil surveys, abstracts, deed descriptions, tile maps and layouts, aerial photos, utility
agreements, envirorunental reviews, zoning limitations, existing signal layout and wiring
diagrams for each of the intersections. The CONSULTANT may rely upon the accuracy and
sufficiency of all such information in performing services.
C. The CLIENT will guarantee access to and make all provisions for entry upon both public and
private portions of the project and pertinent adjoining properties.
D. The CLIENT will give prompt notice to the CONSULTANT whenever the CLIENT
observes or otherwise becomes aware of any defect in the proposed project.
E. The CLIENT shall designate a liaison person to act as the CLIENT'S representative with
respect to services to be rendered under this Agreement. Said representative shall have the
authority to transmit instructions, receive instructions, receive information, interpret and
define the CLIENT'S policies with respect to the project and CONSULT ANT'S services.
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.
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SECTION ill - COMPENSATION FOR SERVICES
A. FEES
1. The CLIENT will compensate the CONSULTANT in accordance with the following
schedule of fees for the time actually spent in performance of Agreement services.
Schedule of Fees
Classification
Principal EngineerlLand Surveyor
Associate EngineerlLand Surveyor
ProjectIDesign Engineer
Licensed Land Surveyor
Senior Technician
T echnician/Draftsperson
Clerical
Computer
Hourly Rates
$80.00 to $100.00
$65.00 to $85.00
$40.00 to $60.00
$50.00 to $60.00
$40.00 to $60.00
$20.00 to $40.00
$20.00 to $40.00
No Charge
2. Total cost for the services itemized under Section LA (Basic Services) shall not exceed the
following:
E.
Field Inspection
Scanning
Plans and Specifications and Bidding
Construction Observation
(1 wklintersection@ 10 hrs./wk)
Construction Administration
(1 wk/intersection @ 4 hrs./wk)
$780/Hr. (as required)
$900.00
$5600.00
$45iHr.(Estimated@$18oo.00)
$78iHr. (Estimated@$1250.oo)
A.
B.
C.
D.
3. In addition to the foregoing, CONSULTANT shall be reimbursed at cost plus an overhead
fee (not-to-exceed 15%) for the following Direct Expenses when incurred in the performance
of the work.
a. Owner approved outside professional and technical services.
b. Special reproduction and reprographic charges.
c. Expendable field supplies and special field equipment rental.
d. Other acceptable costs for such additional items and services as may be required by
the CLIENT to fulfill the terms of this Agreement.
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4. Additional services as outlined in Section LB will vary depending upon project conditions
and will be billed on an hourly basis at the rate described in Section m.A.I.
B. The payment to the CONSULTANT will be made by the CLIENT upon billing at intervals
not more often than monthly at the herein rates.
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SECTION IV - GENERAL
A. STANDARD OF CARE
Professional services provided lUlder 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 lUlder similar conditions. No warranty, express or implied, is made.
B. CHANGE IN PROJECT SCOPE.
In the event the CLIENT changes or is required to change the scope of the project from that
described in Section I and/or the applicable addendum, and such changes require Additional Services
by the CONSULTANT, the CONSULTANT shall be entitled to additional compensation at the
applicable hourly rates. The CONSULTANT shall give notice to the CLIENT of any Additional
Services, prior to furnishing such additional services. The CLIENT may request an estimate of
additional cost from the CONSULTANT, and the CONSULTANT shall furnish such, prior to
authorizing the changed scope of work.
C. LIMITATION OF LIABILITY.
To the fullest extent permitted by law, and notwithstanding any other provision of this Agreement,
the total liability in the aggregate, of CONSULT ANT and CONSULTANT'S officers, directors,
partners, employees, agents and subconsultants, and any of them, to CLIENT and anyone claiming
by, through or lUlder CLIENT, for any and all claims, losses, costs or damages whatsoever arising
out of, resulting from or in any way related to the Project or the Agreement from any cause or
causes, including but not limited to the negligence, professional errors or omissions, strict liability
or breach of contract or warranty, express or implied, of CONSULTANT or CONSULTANT'S
officers, directors, partners, employees, agents or subconsultants or any of them, shall not exceed
the total compensation received by CONSULTANT lUlder this Agreement or the total amount of
$10,000.00, whichever is greater.
D. CONSTRUCTION SERVICES.
It is agreed that the CONSULTANT and its representatives shall not be responsible for the means,
methods, techniques, schedules or procedures of construction selected by the contractor or the safety
precautions or programs incident to the work of the contractor.
E. INSURANCE.
The CONSULTANT agrees to maintain, at the CONSULTANT'S expense, statutory worker's
compensation coverage.
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The CONSULTANT also agrees to maintain such general liability insurance for claims arising for
bodily injury, death or property damage which may arise from the negligent performance by the
CONSULTANT or its employees of its day-to-day general business activities (such as automobile
use) and exclusive of the performance of the professional services described in this Agreement.
F. REUSE OF DOCUMENTS.
All documents including Drawings and Specifications prepared or furnished by CONSULTANT
pursuant to this Agreement are instruments of service in respect of the Project and CONSULTANT
shall retain exclusive ownership and property interest therein whether or not the Project is
completed. The CONSULTANT shall be deemed the author of these docmnents 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 docmnents 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 without
written verification or adaptation by CONSULT ANT for the specific purpose intended will be at
CLIENT'S sole risk and without liability or legal exposure to CONSULTANT and CLIENT shall
indemnity, 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.
G. OPINIONS OR ESTIMATES OF CONSTRUCTION COST.
Where provided by the CONSULTANT as part of Exhibit I or otherwise, opinions or estimates of
construction cost will generally be based upon public construction cost information. Since the
CONSULTANT has no control over the cost of labor, materials, competitive bidding process,
weather conditions and other factors affecting the cost of construction, all cost estimates are opinions
for general information of the CLIENT and no warranty or guarantee as to the accuracy of
construction cost opinions or estimates is made. The CLIENT agrees that costs for project financing
shall be based upon actual, competitive bid prices with reasonable contingencies.
H. PAYMENTS.
If CLIENT fails to make any payment due CONSULT ANT 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 maximmn rate permitted by law, whichever is less, will be charged on any
unpaid balance. In addition, CONSULTANT may, after giving seven days' written notice to
CLIENT, suspend services under this Agreement until CONSULTANT has been paid in full all
amounts due for services, expenses and charges.
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I. TERMINATION.
This Agreement may be terminated by either party for any reason or for convenience by either party
upon seven (7) days written notice.
In the event of termination, the CLIENT shall be obligated to the CONSULTANT for payment of
amounts due and owing including payment for services performed or furnished to the date and time
oftennination, computed in accordance with Section III of this Agreement.
J. CONTINGENT FEE.
The CONSULT ANT 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, conunission, percentage, brokerage fee, gift or any other consideration, contingent upon or
resulting from award or making of this Agreement.
K. NON-DISCRlMINATION.
The provisions of any applicable law or ordinance relating to civil rights and discrimination shall
be considered part of this Agreement as if fully set forth herein.
L. CONTROLLING LAW.
This Agreement is to be governed by the law of the principal place of business of CONSULTANT.
M. SURVNAL
All obligations, representations and provisions made in or given in Section N of this Agreement will
survive the completion of all services of the CONSULTANT under this Agreement or the
termination of this Agreement for any reason.
N. SEVERABILITY
Any provision or part 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
OWNER and CONSULTANT, who agree that the Agreement shall be reformed to replace such
stricken provision or part thereof with a valid and enforceable provision that comes as close as
possible to expressing the intention of the stricken provision.
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SECTION V . SIGNATURES
THIS INSTRUMENT embodies the whole agreement of the parties, there being no promises, terms,
conditions or obligation referring to the subject matter other than contained herein. This Agreement
may only be amended, supplemented, modified or canceled by a duly executed written instrument
signed by both parties.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed in their
behalf.
CLIENT: CITY OF HOPKINS
CONSULTANT: BOLTON & MENK, INC.
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