HomeMy WebLinkAbout5G - Audio/Visual Systems New City Hall
MEETING DATE:
AGENDA #:
PREPARED BY:
AGENDA ITEM:
DISCUSSION:
16200 Eagle Creek Avenue S.E.
Prior Lake, MN 55372-1714
CITY COUNCIL AGENDA REPORT
June 26,2006
5G
Kelly Meyer, Asst. to the City Manager
Consider Approval of a Professional Services Agreement for Consulting
Services for the Design and Preparation of Plans & Specifications for
Audio and Video Systems for the City Council Chambers in the New City
Hall Facility.
Introduction
On Sept. 19, 2005, the City Council awarded the bid for the construction
of the new police station and city hall facilities. Demolition of the old city
hall building occurred in mid October of 2005 to clear the way for
construction to begin. To date, the project has primarily proceeded as
expected.
With the buildings underway, staff is now focusing on the furniture, fixtures and
systems that will need to be provided to outfit the facilities.
Current Circumstances
Included in the construction
of the City Hall building is a
new City Council chamber
in which the City will
conduct public meetings.
With a new City Council
chamber comes the need to
outfit the room properly with
audio and video equipment -
that will allow the City to improve its ability to bring public information to its
residents. Staff, with Owner's Representative Bill Wolters, has had preliminary
meetings to determine the scope of the audio and video equipment needs.
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Staff has determined that we need to provide three general systems within the
Council chamber to address our public video and audio needs. Those systems
include:
· Audio conference system with microphones, speaker
system, and audio management.
· High resolution video production equipment, including
multiple high resolution PTZ cameras, large audience
screen, and video control broadcast system.
· Post-production digital editing system.
Conclusion
The staff can identify from a use and quality standpoint what end result is
www.cityofpriorlake.com
i :\COUNCIL \AG N R PTS\2006\appoilo ~~f44f]1.4~9 Fax 952.447.4245
desirable. However, staff does not have the technical expertise to design a
system of this type, and are therefore recommending that Appollo Systems be
hired to design the system and complete the plans and specifications
necessary for the City to bid the work.
ISSUES:
Appollo Systems has over 10 years of experience in projects of this type, and
has been recommended by the City's Owner's Rep. They have worked on
other City Council Chambers projects in Plymouth, Blaine and Vadnais
Heights.
There is an estimated budget for the audio/video systems in the Building Fund
budget of $75,000. Additional funding may be available in the Building Fund
dependent upon the ultimate costs of other furniture, fixture & equipment
purchases. The City also may have funding available for cable broadcast
equipment from the allocation we receive under the cable franchise agreement
with Mediacom.
After preliminary conversations with Appollo Systems, they have estimated the
project cost to be $110,000. However, we will not know the actual costs until
we receive bids for the work. The design fee proposed is 5% based upon the
rough estimate, or $5000. Staff believes this is a reasonable fee for the design
work and preparation of the plans and specifications.
FINANCIAL
IMPACT:
The cost for the design services will be drawn from the Building Fund and is
within the project budget for this item.
ALTERNATIVES:
1. Motion and second as part of the Consent Agenda authorizing the City
Manager to enter into a professional services agreement and authorizing
funding in the amount of $5000 from the Building Fund.
2. Remove this item from the Consent Agenda and provide staff with specific
direction.
RECOMMENDED
MOTION:
Alternative 1.
Reviewed ry ~
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STANDARD AGREEMENT FOR PROFESSIONAL SERVICES
THIS AGREEMENT is made on the _day of , 2006, between the City of Prior
Lake, Minnesota (hereinafter "City"), whose business address is 16200 Eagle Creek Avenue S.E., Prior
Lake, MN 55372-1714, and APPOLLO SYSTEMS. a Minnesota (hereinafter "Consultant")
whose business address is 6250 Svcamore Lane. Suite 500. Maple Grove. MN 55369.
PRELIMINARY STATEMENT
The City has adopted a policy regarding the selection and hiring of consultants to provide a variety of
professional services for City projects. That policy requires that persons, firms or corporations providing
such services enter into written agreements with the City. The purpose of this agreement is to set forth
the terms and conditions for the provision of professional services by Consultant for desicn of a complete
audio and video broadcastinc svstem with multi-media editinc. and preparation of plans and specifications
therefore (hereinafter referred to as the 'Work".
The City and Consultant agree as follows:
1. Scope of Work. The Consultant agrees to provide the professional services shown in Exhibit "A"
in connection with the Work.
2. Time for Performance of Services. The Consultant shall perform the services described in
Exhibit A within the following timeframe unless otherwise agreed upon in writing:
Design services and completion of plans and specifications
shall be completed on or before Julv 17. 2006.
3. Compensation for Services. City agrees to pay the Consultant $5000.00 for the services as
described in Paragraph 1 (and Exhibit A).
A. Any changes in the scope of the work which may result in the compensation due the
Consultant shall require prior written approval by an authorized representative of the City
or by the City Council. The City will not pay additional compensation for services that do
not have prior written authorization.
B. Special Consultants may be utilized by the Consultant when required by the complex or
specialized nature of the Project and when authorized in writing by the City.
C. City agrees to pay Consultant for extra services by the Consultant or Special Consultants
when authorized in writing by the City.
4. The City agrees to provide the Consultant with the complete information concerning the Scope of
the Work and to perform the following services:
A. Access to the Area. Depending on the nature of the Work, Consultant may from time to
time require access to public and private lands or property. As may be necessary the City
shall obtain access to and make all provisions for the Consultant to enter upon public and
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private lands or property as required for the Consultant to perform such services
necessary to complete the Work.
B. Consideration of the Consultant's Work. The City shall give thorough consideration to all
reports, sketches, estimates, drawings, and other documents presented by the Consultant,
and shall inform the Consultant of all decisions required of City within a reasonable time so
as not to delay the work of the Consultant.
C. Standards. The City shall furnish the Consultant with a copy of any standard of criteria,
including but not limited to, design and construction standards they may require in the
preparation of the report for the Project.
D. Owner's Representative. A person shall be appointed to act as the City's representative
with respect to the work to be performed under this Agreement. He or she shall have
complete authority to transmit instructions, receive information, interpret, and define the
City's policy and decisions with respect to the services provided or materials, equipment,
elements and systems pertinent to the work covered by this Agreement.
5. Method of Payment. The City shall make full payment for the Work at the onset of the project.
The fee shall constituent full payment for the Work unless otherwise amended under the terms of
paragraph 3 herein. The Consultant shall submit to the City, on a monthly basis, itemized bills for
professional services performed.
A. Abandoned or Suspended Work. If any work performed by the Consultant is abandoned
or suspended in whole or in part by the City, the Consultant shall be paid for any services
performed on account of it prior to receipt of written notice from the City of such
abandonment or suspension, all as shown on Exhibit A attached hereto and incorporated
herein by reference. Fees not expended as of the date of suspension of the project shall
be returned to the City within fourteen (14) days of the date of suspension.
7. Project Manager and Staffing. The Consultant has designated and to serve
on the Project. They shall be assisted by other staff members as necessary to facilitate the
completion of the Project in accordance with the terms established herein. Consultant may not
remove or replace or , from the Project without the
approval of the City.
8. Standard of Care. All Work performed pursuant to this Agreement shall be in accordance with
the standard of care in Scott County, Minnesota for professional services of the like kind..
9. Audit Disclosure. The Consultant shall allow the City or its duly authorized agents reasonable
access to such of the Consultant's books and records as are pertinent to all services provided
under this Agreement. Any reports, information, data, etc. given to, or prepared or assembled by,
the Consultant under this Agreement which the City requests to be kept confidential shall not be
made available to any individual or organization without the City's prior written approval. All
finished or unfinished documents, data, studies, surveys, drawings, maps, models, photographs,
and reports prepared by the Consultant shall become the property of the City upon termination of
this Agreement, but Consultant may retain copies of such documents as records of the services
provided.
10.
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mutual consent of the parties for such additional period as they deem appropriate, and upon the
terms and conditions as herein stated.
11. Termination. This Agreement may be terminated by either party by seven (7) days' written notice
delivered to the other party at the address written above. Upon termination under this provision if
there is no fault of the Consultant, the Consultant shall be paid for services rendered and
reimbursable expenses until the effective date of termination. If however, the City terminates the
Agreement because of the Consultant has failed to perform in accordance with this Agreement,
no further payment shall be made to the Consultant, and the City may retain another contractor to
undertake or complete the work identified in Paragraph 1. If as a result, the City incurs total costs
for the work (including payments to both the present contractor and a future contractor) which
exceed a maximum Agreement amount, if any, specified under Paragraph 3, then the Consultant
shall be responsible for the difference between the cost actually incurred and the Agreement
amount.
12. Subcontractor. The Consultant shall not enter into subcontracts for services provided under this
Agreement except as noted in the Scope of Work, without the express written consent of the City.
The Consultant shall pay any subcontractor involved in the performance of this Agreement within
the ten (10) days of the Consultant's receipt of payment by the City for undisputed services
provided by the subcontractor. If the Consultant fails within that time to pay the subcontractor any
undisputed amount for which the Consultant has received payment by the City, the Consultant
shall pay interest to the subcontractor on the unpaid amount at the rate of 1.5 percent per month
or any part of a month. The minimum monthly interest penalty payment for an unpaid balance of
$100 or more is $10. For an unpaid balance of less than $100, the Consultant shall pay the actual
interest penalty due to the subcontractor. A subcontractor who prevails in a civil action to collect
interest penalties from the Consultant shall be awarded its costs and disbursements, including
attorney's fees, incurred in bringing the action.
13. Independent Consultant. At all times and for all purposes herein, the Consultant is an
independent contractor and not an employee of the City. No statement herein shall be construed
so as to find the Consultant an employee of the City.
14. Non-Discrimination. During the performance of this Agreement, the Consultant shall not
discriminate against any employee or applicants for employment because of race, color, creed,
religion, national origin, sex, marital status, status with regard to public assistance, disability, or
age. The Consultant shall post in places available to employees and applicants for employment,
notices setting forth the provision of this non-discrimination clause and stating that all qualified
applicants will receive consideration for employment. The Consultant shall incorporate the
foregoing requirements of this paragraph in all of its subcontracts for program work, and will
require all of its subcontractors for such work to incorporate such requirements in all subcontracts
for program work.
15. Assignment. Neither party shall assign this Agreement, nor any interest arising herein, without
the written consent of the other party.
16. SelVices Not Provided For. No claim for services furnished by the Consultant not specifically
provided for herein shall be honored by the City.
17. Severability. The provisions of this Agreement are severable. If any portion hereof is, for any
reason, held by a court of competent jurisdiction to be contrary to law, such decision shall not
affect the remaining provisions of this Agreement.
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18. Entire Agreement. The entire agreement of the parties is contained herein. This Agreement
supersedes all oral agreements and negotiations between the parties relating to the subject
matter hereof as well as any previous agreements presently in effect between the parties relating
to the subject matter hereof. Any alterations, amendments, deletions, or waivers of the provisions
of this Agreement shall be valid only when expressed in writing and duly signed by the parties,
unless otherwise provided herein.
19. Compliance with Laws and Regulations. In providing services hereunder, the Consultant shall
abide by all statutes, ordinances, rules and regulations pertaining to the provisions of services to
be provided. The Consultant and City, together with their respective agents and employees, agree
to abide by the provisions of the Minnesota Data Practices Act, Minnesota Statutes Section 13, as
amended, and Minnesota Rules promulgated pursuant to Chapter 13. Any violation of statutes,
ordinances, rules and regulations pertaining to the services to be provided shall constitute a
material breach of this Agreement and entitle the City to immediately terminate this Agreement.
20. Waiver. Any waiver by either party of a breach of any provisions of this Agreement shall not
affect, in any respect, the validity of the remainder of this Agreement.
21. Indemnification. Consultant agrees to defend, indemnify and hold the City, its officers, and
employees harmless from any liability, claims, damages, costs, judgments, or expenses, including
reasonable attorney's fees, resulting directly or indirectly from a negligent act or omission
(including without limitation professional errors or omissions) of the Consultant, its agents,
employees, or subcontractors in the performance of the services provided by this Agreement and
against all losses by reason of the failure of said Consultant fully to perform, in any respect, all
obligations under this Agreement.
22. Insurance.
A. General Liabilitv. During the term of this Agreement, Consultant shall maintain a general
liability insurance policy with limits of at least $600,000 for each person, and each
occurrence, for both personal injury and property damage. This policy shall name the City
as an additional insured for the services provided under this Agreement and shall provide
that the Consultant's coverage shall be the primary coverage in the event of a loss. The
policy shall also insure the indemnification obligation contained in Paragraph No. 21. A
certificate of insurance on the City's approved form which verifies the existence of this
insurance coverage must be provided to the City before Work under this Agreement is
begun.
B. Worker's Compensation. The Consultant shall secure and maintain such insurance as will
protect Consultant from claims under the Worker's Compensation Acts and from claims for
bodily injury, death, or property damage which may arise from the performance of
Consultant's services under this Agreement.
C. Professional Liabilitv Insurance. The Consultant agrees to provide to the City a certificate
evidencing that they have in effect, with an insurance company in good standing and
authorized to do business in Minnesota, a professional liability insurance policy. Said
policy shall insure payment of damage for legal liability arising out of the performance of
professional services for the City, in the insured's capacity as the Consultant, if such legal
liability is caused by an error, omission, or negligent act of the insured or any person or
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organization for whom the insured is legally liable. Said policy shall provide an aggregate
limit of $1,000,000.
23. Records Access. The Consultant shall provide the City access to any books, documents,
papers, and records which are directly pertinent to the specific contract, for the purpose of making
audit, examination, excerpts, and transcriptions, for three years after final payments and all other
pending matters related to this contract are closed.
24. Ownership of Documents. All plans, diagrams, analyses, reports and information generated in
connection with the performance of the Agreement ("Information") shall become the property of
the City. The City may use the Information for its purposes and the Contractor also may use the
Information for its purposes. Reuse of the Information for the purposes of the project
contemplated by this Agreement ("Project") does not relieve any liability on the part of the
Contractor, but any reuse of the Information by the City or the Contractor beyond the scope of the
Project is without liability to the other, and the party reusing the Information agrees to defend and
indemnify the other from any claims or liability resulting therefrom.
25. Governing Law. This Agreement shall be controlled by the laws of the State of Minnesota.
Executed as of the day and year first written above.
Reviewed for form:
CITY OF PRIOR LAKE
City Attorney
Mayor
City Manager
APPOLLO SYSTEMS
By:
Its:
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Professional Services Agreement
Date: 6-7-2006
Client:
City of Prior Lake - City BaD
Prior Lake.MN 55372
SeoDe:Appollo Systems will provide design services requiredbythe client to complete an audio and
video broadcastJng system withmu1tt-rned'. aliting design for this project (ple~refertoR..O.M.budget
Rev. 1 for details).
The design services shall include: Design management meetings, Low vottage blue print detailing locations
and pathways, system one-lines, equipment specifications, electrical requirements for systems, necessary
bid specifications and qualifications.
In providing our design servic.es for this project, AppoUo Systems will work with theclienttind the client's
professional team, te., the Architect, Interior Designer, General Contractor,etc. to provide detailed
Systems Design drawings and Specifications for the project.
ComDensation: Appollo System will provide our design services based on a <<Rough Order of
Magnitude ProjectCoslEstimate" or ROM. Working with the client, Appollo Systems will create an
estimated .cost for the project (ROM) and Appollo Systems will charge the client a fixed fee of 5% of the
ROM (plus any applicable taxes) to provide the services included in the Scope of Work. . The fixed fee wltl
be payable as folloW's:
ROM Estimate: $ 110.000.00
5% of ROM EstimatelAoooUo Systems Fixed Fee: S 5.000.00
(Non-refundable payment due upon acceptance ofthis agreement.)
Additional Services: In the event the client request's additional services to modify or alter the detailed
design specifications, beyond the agreed upon . scope of work, provided by Appol1o Systems:. the additional
work shall be value estimated and agreed upon by the client prior to providing. said additional services.
SuoolementalMaterials: AppolloSystems.will provide Manufacturers product technical information
materials, CAI>[) diagrams and product literature. as requested by the client to assist in the implementation
of said DetaitedDesign and System Specifications provided by Appollo Systems.
Propos'dby,.. ~
Date:
0;46
Accepted by:
Date.:
6250 Sycamore Lane, Suite 500 . Maple Grove MN 55369' (P) 763-493-5821 (F)763-493-6346
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R.O.M. BUDGET
Prior Lake City Hall
Prior Lake , MN
Low Voltage Solutions
We, Appollo Systems propose to design multiple IntegratedA.tldioNideo Systems.forCity of Prior Lake, in
Prior Lake, Minnesota for the budgetary sum of: $ 110,000.00
The above price is for budgetary purposes only.
Please see. R.O.M Agreement for Design fees.
i":Y:
System designs shall include: eft'" , .:'. '00
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Co ;yflem .i$~9,Q90.00r ,y~\ "",:.
. y~m with n~ independent' goose neck microphones and speakers.
. pBbne for public interaction.
High resolution video production. booth - $83,000.00
. Multiple high re on PTZ/fix erasinc
. Yideo di u endeIit council
. ~~fe,.. i d ttbnituii.
. t;.he:: 10 sta
m~ii~!i:',;::~j
Postproduction digital editing station. - $8,000.00
. PC based video edit system for in-house videos.
Respectfully submitted;
All information provided is private and confidential. This proposal is considered a design, and property of AppoUo Systems until
contractual agreement has been made between client and Appollo Systems .
6250 Sycamore Lane, Suite 500, Maple Grove MN 55369 Offlce: (763) 493-5821 Fax: (763) 493-6346