CR 96-123 Consultant Services Traffic Signalsti
O K
July 31, 1996 Council Report 96 -123
Proposal Action
Staff recommends adoption of the following motion: Move that
Council authorize the mayor and city manager to enter into an
agreement with Bolton and Menk, Inc. for professional services
for installation of an emergency vehicle preemption signal
system.
Overview
The Hopkins Fire Department is undertaking a project to install a
traffic preemption system at various signalized intersections in
the City. The system, its trade -name called "Opticom ", preempts
the traffic signal to give emergency vehicles a green light as
they approach signalized intersections. The program is being
used by several cities in the metro area for the safety it
affords emergency vehicle operators and the general motoring
public and for expedited vehicle movement in emergencies. This
project is identified in the current CIP.
Primary Issues to Consider
• Scope of Project
• Funding
• Consultant Fee
Supporting Information
• Bolton and Menk proposal
Jaydes Gessele
Engineering Superintendent
Approve Consultant Services
Traffic Preemption Signals
Analysis
• Scope of Project
This project involves the wiring and placement of
detectors at the following intersections:
1. Mainstreet /8th Avenue
2. Mainstreet /llth Avenue
3. Mainstreet /17th Avenue
4. Co. Rd. 3 /5th Avenue
5. Co. Rd. 3/ 8th Avenue
6. Blake Rd./ 2nd Street. N.E.
Because vehicle emitters are not eligible for MSA coverage, the
City will need to wait until 1997 to make that purchase and
installation. The system will thus not be fully operational until
1997.
• Funding
• Consultant Fee
The six intersections listed are eligible for 100% MSA
funding. Although three intersections are located at a
county road, Hennepin County will allow the
installation but at the City's obligation to encumber
its own MSA allotment of funds.
Boltan and Menk has agreed to provide the required
engineering services for an estimated fee of
$10,000.00. This is 25% of the projected installation
cost of $40,000.00 and is within MSA
funding guidelines.
AGREEMENT FOR PROFESSIONAL SERVICES
EMERGENCY VEHICLE PREEMPTION SIGNAL IMPROVEMENTS
CITY OF HOPKINS, MINNESOTA
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, Burnsville, 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 following existing signalized intersections:
1. Main Street and 11th Avenue;
2. Main Street and 8th Avenue;
3. Main Street and 17th Avenue;
4. County Road 3 and 5th Avenue;
5. County Road 3 and 8th Avenue; and
6. Blake Road and 2nd Street.
And whereas the CONSULTANT agrees to furnish the various professional engineering 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.
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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, environmental 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 acrns to and make all provisions for entry upon both public
and private portions of the project and pertinent adjoining properties.
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.
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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A. FEES
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SECTION III - COMPENSATION FOR SERVICES
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 Hourly Rates
Principal Engineer /Land Surveyor $80.00 to $100.00
Associate Engineer /Land Surveyor $65.00 to $80.00
Project /Design Engineer $40.00 to $60.00
Licensed Land Surveyor $50.00 to $60.00
Senior Technician $40:00 to $60.00
Technician/Draftsperson $20.00 to $40.00
Clerical $20.00 to $40.00
Computer No Charge
2. Total cost for the services itemized under Section I.A (Basic Services) shall not exceed
the following:
A. Plans and Specifications $9,400.00
B. Construction Administration - $75 /Hr. (Estimated @ $600.00)
(1 hour test /intersection + report)
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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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 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.
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SECTION IV - GENERAL
In the event the CLIENT changes or is required to change the scope of the project from that
described in Section 1 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 CONSULTANT and CONSULTANT'S
• officers, directors, partners, employees, agents and subconsultants, and any of them, to CLIENT
and anyone claiming by, through or under 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 under this Agreement or the total amount of $10,000.00, whichever is greater.
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.
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 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 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.
G. OPINIONS OR ESTIMATES OF CONSTRUCTION COST.
Where provided by the CONSULTANT as part of Exhibit 1 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 contin-
gencies.
H. 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, 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 of termination, computed in accordance with Section III of this Agreement.
J. 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.
K. 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.
L. CONTROLLING LAW.
This Agreement is to be governed by the law of the principal place of business of
CONSULTANT.
M. 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.
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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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.
SECTION V - SIGNATURES
EXHIBIT I
BASIC SERVICES BY CONSULTANT
EMERGENCY VEHICLE PREEMPTION SIGNAL IMPROVEMENTS
CITY OF HOPKINS, MINNESOTA
A. BASIC SERVICES
For purposes of this Project, Basic Services to be provided by the CONSULTANT will be
accomplished in four phases and are outlined as follows:
1. Field Inspection
The CONSULTANT can rely on the accuracy of the existing "as built" plans for each
of the six intersections. If it is determined that the signal layout conditions are different
in the field than those shown on these plans, an estimate for field topography will be
provided at that time.
The CLIENT will inspect each existing controller cabinet (total of 6) for controller cards
and determine whether room is available or if modifications to the controller cabinets is
required. The CONSULTANT can rely on the final determination of this inspection.
For purposes of this proposal, it is assumed that all of the existing cabinets are adequate
to add an additional EVP controller cards.
2. Plans and Specifications
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A. CONSULTANT will complete Final plans, specifications and bidding documents
and submit copies to the CLIENT as well as to MnDOT Traffic for review and
comment. This work will include the following sheets:
1. Title Sheet;
2. Quantities and Detail Sheet;
3. Signal Layout and Wiring Diagrams for the following intersections (two
sheets per intersection):
A. Group 1 - These intersections were completed in 1994 in
AutoCAD (.dwg) format. The digital files for the intersection
layout and wiring diagram for each intersection is available and
will be used as the base or "as built" drawings.
1. Main Street and 11th Avenue;
2. Main Street and 8th Avenue; and
3. Main Street and 17th Avenue.
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3. Construction Administration
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B. Group 2 These intersections . were completed in 1980 by
Hennepin County by manual drafting. For this proposal, it is
assumed that a mylar drawing of the intersection layout and the
wiring diagram for each intersection is available for each
intersection. BMI will scan the mylar drawings to create a base
or "as built" drawing in AutoCAD format.
1. County Road 3 and 5th Avenue;
2. County Road 3 and 8th Avenue; and
3. Blake Road and 2nd Street.
It is assumed for this proposal that the existing controller cabinets are
adequate in size to add the additional EVP controller cards. If the field
inspections result in inadequate room within the controller, the work
necessary to replace the cabinet (IE: coordination with Hennepin County,
research with Rennix, etc.) will be completed at our regular hourly rates.
B. The CONSULTANT shall provide copies of the plans for use by the CLIENT in
negotiating and obtaining easements and rights -of -way.
C. The CONSULTANT shall prepare plans, specifications and proposal forms for
use by bidders; assist in the preparation of advertisement for bids; and supply
sufficient numbers of plan sets for distribution to bidders for which a charge to
cover reproduction expenses and clerical time can be made by the
CONSULTANT to plan holders.
D. The CONSULTANT shall attend the public bid letting, tabulate unit price bid
items and furnish tabulations to the CLIENT
The CONSULTANT will complete a final inspection of each completed EVP installation
and certify final construction for State Aid Reimbursement.
At the CLIENT's request, construction administration services are available at our
regular hourly rates for the duration of the construction activities. This work is outlined
as follows:
• The CONSULTANT shall prepare, with the assistance of the CLIENT'S attorney
and staff, the contract documents after award of contract.
• The CONSULTANT shall attend and assist with the preconstruction conference
to be attended by the CLIENT, contractors and any affected utility companies.
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The CONSULTANT shall review, for conformance with design concept only, any
shop drawings required to be furnished by the contractor.
• The CONSULTANT shall consult with and advise the CLIENT and act as the
CLIENT'S construction representative as provided in the contract documents.
• The CONSULTANT and its representatives shall not be responsible for the
means, methods, techniques, sequences, schedules or procedures of construction
selected by the contractor or the safety precautions or programs incidental to the
work of the contractor.
I.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. COORDINATION OF FUNDING DOCUMENTATION, including preparation of
periodic grant reimbursement requests and documentation related thereto.
2. CONSTRUCTION OBSERVATION, including construction progress and coordination,
daily observation reports, and liaison between the Contractor and the CLIENT.
SIGNAL TIMING. Complete revisions to the signal timing and coordination in the event
Hennepin County is unable to complete this work.
4. AS- BUILTS. Complete drafting of as -built plans based on redlines completed through
the construction observation. At the CLIENT's request, the intersections can be
converted to MicroStation ( *.dgn) format using either a direct conversion or a tailored
conversion to meet specific layering requirements.
5. A11 other services not specifically identified in Section A. or B.
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