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3h. approve Consultant Agreement for Radio Path Profiles for Lift Station Nos. 23, 24 and 25. Project 91-14, 91-17 and 92-5 1 3A, i CITYOF 1 . ,, , 690 COULTER DRIVE • P.O.-BOX 147 • CHANHASSEN, MINNESOTA 55317 1 (612) 937 -1900 • FAX (612) 937 -5739 Action by City nstrtlssl tie MEMORANDUM ` /T , ` /� — I Er-I�c� -.� V i/ IJV l4� TO: Don Ashworth, City Manager • Mod : .. FROM: Charles Folch, City Engineer p / h—'7 Bate Submitte, to CO:Trrn 1 DATE: January 5, 1993 _ Date �mi".=:d io CourMxl 1 SUBJ: Approve Consultant Services Agreement for Radio Path Profiles LO (SCADA System) for Lift Station Nos. 23, 24 and 25 I /k.-3_ Project Nos. 91 -14, 91 -17 and 92-5 1 Staff is currently administrating three improvement projects that are either nearly completed or will be completed I during 1993 which will add three more lift stations to the City's sanitary sewer system. Each of these lift stations will need to be added to the City's SCADA system which was completed in 1992. One of the primary steps in integrating these lift stations onto the system is to conduct a radio wave propagation study. A similar study was I conducted for the original SCADA system back in 1990 covering the existing lift stations, wells and water storage facilities. This previous study was conducted by Mr. John R. Dubois, a registered professional communication engineer, who submitted a proposal with an hourly rate nearly half that of the other competing proposal received. Mr. Dubois performed satisfactorily on the City's previous job and has an extensive reference list. I have I contacted Mr. Dubois to solicit a proposal to perform the necessary propagation study for the three new lift stations. Mr. Dubois has quoted an hourly rate of $50 (same as in 1990) with a not -to- exceed amount of $2,300. . The attached services contract agreement is identical to that which was approved by the City and implemented with the previous telemetry project. Funding for this work will be divided amongst the three associated projects I involved. It is therefore recommended that the City Council authorize Mr. John R. Dubois perform the necessary radio I wave propagation study for the new lift stations being constructed in conjunction with Willow Ridge Project No. 91 -14, Upper Bluff Creek Phase I Project No. 91 -17 and Johnson /Dolejsi Project No. 92 -5. 1 ktm fi.. -. Attachments: 1. Letter from John R. Dubois dated December 18, 1992. , I 2. Contract. c: Dave Hempel, Assistant City Engineer = Jerry Boucher, Utility Superintendent I John R. Dubois, 7320 Gallagher Drive, Suite 118B, Edina MN 55435 Dean Sharpe, Orr- Schelen- Mayeron & Associates Randy Redetzke, Bentec Engineering I Michael Pflaum, Lundgren Bros. Construction, Inc. Phil Gravel, Bonestroo, Rosene, Anderlik & Associates 1 1 ‘10 PRINTED ON RECYCLED PAPER 1 JOHN R. DuBOIS I REGISTERED PROFESSIONAL COMMUNICATIONS CONSULTING ENGINEER I 7320 GALLAGHER DRIVE SUITE 1188 TELEPHONE (612) 835-7657 FAX (612) 835-3540 EDINA, MN 55435 II December 18, 1992 Mr. Charles Folch P.E. II Director of Public Works City of Chanhassen 690 Coulter Drive Chanhassen, MN 55317 1 Dear Mr. Folch: 1 This letter /proposal is the result of my recent conversations with Mr. Dean Sharpe P.E. of Orr, Schelen and Mayeron & Associates, Inc. (OSM) and Mr. Daniel Hempel, Senior Engineering Technician on your staff, regarding additional digital II computer generated radio path profiles (and analysis) for use with three new sites for your existing SCADA system. As you know, I did the initial radio coverage engineering analysis for the Chanhassen SCADA system with your predecessor, Mr. Gary G. Warren P.E. in 1990. 1 I will provide the radio path profiles that you require using the U.S. Geological Services (USGS) 3 second data base in cooperation with OSM and Mr. Sharpe. I I will analyze the plots to insure that there is a satisfactory, useable path for these additional links on your existing SCADA system from the three new sites back to the master site. I could provide three path profiles for $1,500, but I will plan on a maximum of six radio profiles in the event that the initial paths 1 are obstructed, or if the analysis or the project requires additional time on my part. 1 Therefore, I suggest that we use the enclosed time- and - materials type engineering agreement with a not -to- exceed amount of $2,300. I will bill the City only for the actual time that I spend on the project, at the rate of $50 /hour plus my II actual cost for necessary expenses and the computer generated path profiles that are necessary to perform the analysis properly. The enclosed Agreement is identical to the one that I used in my work for Chanhassen and Mr. Warren in 1990. 1 Please call me at 835 -7657 if you have any questions or comments about this proposed project. I am pleased to be of additional service to the City of II Chanhassen. Yours sin ely, ==..aa ^ _ ‘51---C-4 J ohn R. DuBois Ph.D. - Registered Professional Communications Engineer 1 Minnesota Registration #7350 ^� .. JRD /jmk $. - - - 2 - -�;;: r k • II cc: Mr. Dean Sharpe P.E. 1 1 CONSULTING ENGINEER AGREEMENT THIS AGREEMENT, by and between the City of Chanhassen, Minnesota, hereinafter referred to as "City ", and JOHN R. DUBOIS, 7320 Gallagher Drive, Suite 1188, Edina, Minnesota, hereinafter referred to as "Engineer ", WITNESSETH: WHEREAS, the City desires to have communications engineering associated with the expansion of their radio supervisory control and data acquisition 1 (SCADA) system and such assistance requires certain professional electrical engineering services; and WHEREAS, Engineer is an experienced and qualified Registered Professional Electrical Engineer capable of analyzing, licensing and designing modern SCADA communications systems as herein provided; and WHEREAS, the Engineer has made a proposal to the City, dated December 18, 1992, attached hereto and incorporated herein by reference, 1 NOW, THEREFORE, it is mutually agreed between the City and Engineer as follows: 1 A. SCOPE OF SERVICES 1. The City hereby engages the Engineer to provide communications 1 engineering services for the City and the Engineer agrees to provide the services therefore according to the terms and conditions of this agreement. 2. The engineer will perform the specific services described in the enclosed proposal to the City, dated December 18, 1992, prepared by the Engineer. 3. The Engineer will start work on receipt of a copy of this agreement signed by the City and will continue such work until the services described in the attached proposal are completed. B. COMPENSATION 1 1. The City agrees to pay to the Engineer and the Engineer agrees to accept as full payment for such services, a total payment not to exceed $2,300.00 for all work and services performed. The work shall be performed on a time and materials basis by the Engineer and the Engineer shall bill the City periodically, and payments shall be made within thirty (30) days upon receipt of the bill. 2. If additional tasks are added to the project or greater 1 emphasis is placed on any of the phases, the Engineer shall be compensated at the rate of $50.00 per hour for professional time required to accomplish the tasks, plus the actual expenses associated with doing the tasks. Said expenses shall be at the rate as set forth in the Engineer's proposal dated December 18, 1992. 1 1 11 C. TERMS AND CONDITIONS 1. Liabilitv for Claims The Engineer is deemed as independent contractor for the purpose of this agreement and for the purposes of the Workmen's Compensation Act of Minnesota, and any and all claims made by a third party as a consequence of any act or omission on the part of Engineer while so engaged in any work or services under this agreement shall be the sole obligation ' and responsibility of the Engineer. 2. Indemnification ' The Engineer indemnifies, saves and holds harmless, the City and all of its agents, employees, of and from any and all claims, demands, actions or causes of action of whatsoever ' nature or character arising out of or by reason of the execution or performance of the work or services provided for herein and further agrees to defend at his sole expense any ' action or proceeding commenced for the purpose of asserting any claim of whatsoever character which arises hereunder. 3. Termination of Contract 1 The City reserves the right to cancel this agreement at any time it deems to be in the best interest of the City upon ' giving fifteen (15) days written notice of such cancellation to the Engineer. If this agreement is canceled under this provision, the City shall pay the Engineer for the time spent and expenses incurred under this agreement to the date of such notification. 4. Ordinances 1 The Engineer shall in execution of services, ensure in and conform to all applicable Federal, State and Local laws, ' codes, ordinances and regulations except those which may be obtained by official documented waivers of the appropriate jurisdiction in the execution of this agreement. 1 5. Fairness in Employment The Engineer is not an employee of the City, but a contractor ' who may contract with individuals and /or corporations for specific services. It is agreed that the Engineer shall, to the best of his knowledge, contract only with parties that: (a) withhold taxes as provided by law, and (b) do not discriminate against any employee or applicant 1 because of race, sex, color, religion, age or national origin. 1 1 1 6. Covenant Against Contingent Fees The Engineer warrants that he has not employed any person to 1 solicit or secure this agreement for a commission, percentage, brokerage or contingent fee. Breach of this warranty shall give the City the right to terminate this agreement immediately. 7. Extra Services ' No claim for compensation for extra services beyond the scope and compensation maximum of this agreement, without written submittal and approval of an amendment to this agreement by the City. The Engineer shall not incur costs in excess of such estimated maximum costs, unless a revised higher amount shall have been approved by the City. 8. Records The Engineer shall maintain complete and accurate records of time and expenses involved in the performance of services including "Extra Services" to be provided by this Agreement, and shall subscribe, if necessary, to a Certified Public Accounting Audit, thereof. 9. Covenant Against Vendor Interest ' The Engineer warrants that he is not employed by, nor solicited from, any potential source of radio- telecommunications equipment for which this study is intended, a commission, percentage brokerage or contingent fee. Breach of this warranty shall give the City the right to terminate this agreement immediately. Dated this day of 1992 CITY OF CHANHASSEN By: ' i, A Ifor y - John R. 'uBois, Engineer 1 1