HomeMy WebLinkAboutBoton & Menk - Fibre Optics Traff Adapt (Broadway)-5/1/2017BOLTON
& MENK
Real People. Real Solutions.
April 25, 2017
c/o Mohammad Elahi
Traffic Engineer — City of Waterloo
625 Glenwood Street
Waterloo, IA 50703
RE: Installing Fiber Optics and Traffic Adaptive system on Broadway Street
Iowa Clean Air Attainment Program (ICAAP) Grant Application
855 Wright Brothers Blvd SW
Suite 2A
Cedar Rapids, IA 52404
Ph: (319) 362-3219
F: (319) 362-3341
Bolton-Menk.com
Bolton & Menk, Inc. is pleased to present this proposal for professional services related to a preparation
of one ICAAP application. The ICAAP program is administered by the Iowa DOT and has a purpose to
help finance transportation projects and programs that result in attaining or maintaining the national
ambient air quality standards (NAAQS) of the 1990 Clean Air Act Amendments (CAAA) with a focus on
volatile organic compounds (VOC) and nitrogen oxides (NOx), carbon monoxide (CO) and, under certain
conditions, particulate matter (PM -2.5 and PM -10). VOC and NOx contribute to ground -level ozone (03)
formation.
The application will be prepared to be presented to the Iowa DOT for installation of fiber optics and
traffic adaptive system on Broadway Street from Park Road to Airport Boulevard. This proposal is
subject to the attached Terms of Proposal. If the proposal and the attached terms are acceptable please
sign below to verify your acceptance. When signed, the proposal and the attached terms shall constitute
the agreement between the City of Waterloo and Bolton & Menk, Inc.
Thank you for the opportunity to assist you with this project. Please feel free to contact me if you have
any questions or if you require any additional information.
Sincerely,
Bolton Menk, Inc.
Christoph • r S. Chromy, P.E
Principal Engineer
The City of Waterloo agrees to this proposal and the attached terms.
Accepted By:
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Bolton & Menk is an equal opportunity employer.
SCOPE OF SERVICES
ICAAP Applications for Broadway Street and Ansborough Avenue
I. BACKGROUND INFORMATION AND CONTRACT PURPOSE
This project will include preparing an individual application for funding through the Iowa Clean Air
Attainment Program (ICAAP) administered by the Iowa DOT. The application will include the Broadway
Street corridor.
The purpose of the study is to reduce mobile source pollutant emissions and improve air quality by
upgrading the traffic signal system and improving traffic operations to reduce delays.
II. SCOPE OF SERVICES
We will provide the following services for the project: Traffic Engineering.
These services will consist of the following tasks:
A. Perform travel time measurements for the corridor during AM, PM, and non/peak hours to
measure existing conditions.
B. Prepare a Cost Opinion of proposed improvements.
C. Prepare documentation necessary to complete ICAAP application.
III. FEE ESTIMATE
The total fixed fee proposed to complete the work as specified is $3,600, which includes any
reimbursable expenses.
The terms of this proposal are valid for 30 day(s) from the date of this proposal.
IV. SCHEDULE
We will begin our services upon receipt of this Agreement executed by you which will serve as a notice
to proceed. We will work with you complete the ICAAP application for submittal to the Iowa DOT prior
to the October 1, 2017 deadline.
V. CLIENT RESPONSIBLITIES
It will be your responsibility to provide the following:
1. Identify a Project Representative with full authority to act on behalf of the Client with respect to
this project. The Client Project Representative shall render decisions in a timely manner in order
to avoid delays of Bolton & Menk, Inc.'s services.
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Balton & Menk is an equal opportuniIY employer
2. Legal, accounting, and insurance counseling services or other consultants, including geotechnical,
or vendors that may be necessary. The Client shall coordinate these services with those services
provided by Bolton & Menk, Inc.
3. Provide to Bolton & Menk, Inc. any available drawings, survey plats, testing data and reports
related to the project, either hard copy or electronic media. Electronic media is preferred.
4. Unless specifically included in the Scope of Services to be provided by Bolton & Menk, Inc., the
Client shall furnish tests, inspections, permits and reports required by law, regulation or code
including but not limited to hazardous materials, structural, mechanical, chemical, air pollution
and water pollution tests.
VI. ADDITIONAL SERVICES
The following are additional services you may require for your project. We can provide these services but
they are not part of this proposal at this time.
1. Additional ICAAP application work not listed in the Scope of Services.
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Bolton & Monk is an equal opportunity employer.
Version 11-30-98
Terms of Proposal
Bolton & Menk, Inc.
The accompanying Proposal (hereinafter referred to as "Proposal") is subject to the following terms and
conditions. These Terms of Proposal (hereinafter referred to as "Terms") are an integral part of the Proposal
as if stated directly therein. No change or deviation from these Terms will be binding without the written
approval of Bolton & Menk, Inc. (BMI). Such changes may require an adjustment in the proposed fee, schedule
or scope of the Proposal.
A. Services: BMI proposes to perform the services outlined in the Proposal for the stated fee arrangement. Changes
required by the Client or other controlling entities (regulatory agencies, contractors, courts, etc.) from the scope or
schedule of services described in the Proposal shall be considered "Additional Services" and will be invoiced on an
hourly basis in addition to the stated fee arrangement.
B. Information from Client: Unless otherwise stated, Client agrees to provide BMI with all site information
necessary to complete the proposed services. This information should include current site property descriptions (from
abstract, title opinion or title commitment); other legal documents affecting the site; copies of previous surveys, maps,
engineering studies and plans; existing or required soils and geotechnical reports; governmental, regulatory and utility
reviews and determinations; and all other pertinent information. Client shall promptly inform BMI of any alleged
defects in services provided or the project.
C. Access to Site: Unless otherwise stated, Client agrees to provide BMI with access to the site, including adjoining
properties, for activities necessary for the performance of services. It is understood that in the normal course of work,
property damage may occur due to excavations, tree and brush trimming, marking lines, etc. The cost to correct
resulting damages has not been included in the fee. BMI will take precautions to minimize damage due to these
activities and the Client agrees to reimburse BMI for any costs associated with required restoration work.
D. 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 BMI's profession currently practicing under similar
conditions. BMI makes no expressed or implied warranty with respect to its undertakings described herein.
E. Certifications: Any certification provided by BMI is a professional opinion based upon knowledge, information
and beliefs available to BMI at the time of certification. Such certifications are not intended as and shall not be
construed as a guarantee or warranty. BMI shall not be required to certify the existence of conditions whose existence
BMI cannot reasonably ascertain.
F. Project Approvals: Due to site limitations, code interpretations, regulatory reviews, political considerations and
Client directed design and improvements, BMI makes no representations as to acceptability or approvability of the
project; or, zoning requests, permit applications, site and development plans, plats and similar documents. Payment of
fees to BMI is not contingent upon project approval.
G. Opinions or Estimates of Project Costs: Where included as part of project scope or otherwise, opinions or
estimates of project cost will generally be based upon public construction cost information. Since BMI 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 BMI does not warrant or
guarantee the accuracy of construction cost opinions or estimates. Project financing should be based upon actual,
contracted construction costs with appropriate contingencies.
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Version 11-30-98
Terms of Proposal
Bolton & Menk, Inc.
(Continued)
H. Construction Phase Services: If construction phase engineering or staking services are included in this Proposal
or subsequently authorized, Client is notified that BMI is not be responsible for means, methods, techniques or
procedures of construction selected by any contractor employed on the project nor for the safety precautions or
programs incident to the work of any contractor.
I. Ownership and Alteration of Documents: All documents, including reports, specifications, drawings, field data,
notes and documents or electronic media prepared or furnished by BMI under this agreement shall remain the property
of BMI. The Client may make and retain copies for its use in connection with this project. However, such documents
are not intended for reuse by the Client on any other project or alteration of the project by others without the written
consent of BMI. Electronic media may be furnished for convenience of Client; however, only signed and certified hard
copies of submittals may be relied upon as documentation of professional services provided.
J. Billings and Payments: Invoices for BMI's services shall be submitted, at BMI's option, either monthly or upon
completion of services. Invoices are due and payable within 30 days after the invoice date. If the invoice is not paid
within 30 days, BMI may, without waiving any claim or right against the Client, and without liability whatsoever to the
Client, terminate the performance of its services.
K. Late Payments: Accounts unpaid 30 days after the invoice date will be subject to a monthly service charge of
1.5 % on the unpaid balance. If any portion or all of an account remains unpaid 90 days after billing, the Client shall
pay all costs of collection, including reasonable attorney's fees.
L. Termination of Services: This agreement may be terminated, upon written notice, by the Client or BMI should
the other fail to perform its obligations hereunder. In the event of termination, the Client shall pay BMI for services
rendered to the date of termination, all reimbursable expenses, and reimbursable termination expenses.
M. Limitation of Liability: In recognition of the relative risks, rewards and benefits of the project to both the
Client and BMI, the risks have been allocated such that the Client agrees that, to the fullest extent permitted by
law, BMI's total liability to the Client for any and all injuries, claims, losses, expenses, damages or claimed
expenses arising out of the performance of this agreement from any cause or causes, shall not exceed $ 1,500 .
Such claims include, but are not limited to, BMI's negligence, errors, omissions, strict liability, breach of
contract, or breach of warranty, if any.
N. Dispute Resolution: Any claims or disputes made during or after the performance of services between BMI and
the Client, with the exception of claims by BMI for non-payment of services rendered, shall be submitted to mediation
and/or arbitration. This Proposal anticipates that BMI and the Client will include a similar requirement in all
agreements with contractors, sub -contractors, suppliers, consultants and fabricators concerned with this project.
O. Withdrawal of Proposal: This Proposal constitutes a non-binding offer to perform services and BMI reserves the
right to withdraw or modify this Proposal, without liability to the Client, at any time prior to receipt of written
acceptance from the Client and execution of a signed agreement in accordance with Paragraph P.
P. Agreement: If the Proposal is accepted, the Client and BMI may enter into and execute an Agreement
incorporating the Proposal, these Terms and such additional terms and conditions as may be mutually acceptable to
BMI and Client. Upon request by the Client, BMI may, at its sole discretion and for the benefit of the Client, proceed
with any proposed services prior to execution of a written agreement. In the absence of an executed written agreement,
the accompanying Proposal and these Terms of Proposal shall constitute the whole and complete agreement between
BMI and the Client.
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