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HomeMy WebLinkAboutContract 2011 2411 • September 27, 2011 (Revised Oct. 12, 2011) 011 Buildings Ms. Kathy Young C3 U S u t 1 11; City of Columbia Heights 637 38th Avenue NE t C U it C Columbia Heights, MN 55421 web. hitp:r'°u vo.k.bcg,nunriesuta.com 612.789.6696 in Fax: 612.789,6397 2855 Anthony- Lane S.. Suite 200 Minneapnhs. MN 5541 2637. t .S. A. RE: Proposal for Engineering Services Structural and Waterproofing Repairs at the Columbia Heights Maintenance Garage Columbia Heights, Minnesota BCG Proposal No. P11155 Dear Kathy: Buildings Consulting Group, Inc. (BCG) is pleased to submit this proposal for providing you our consulting engineering services during the Construction Phase for your parking garage project. 1 REPAIR The parking garage repair and waterproofing program will include structural concrete repairs and traffic coating waterproofing work. The apparent lowest bidder is SPS Structure, Inc,. who submitted a total Base Bid of $145,212. The substantial completion date is scheduled for Nov 23, 2011, and the 100% completion date is expected by December 9, 2011. II. SCOPE OF SERVICES I SERVICES During the Construction Phase, BCG will provide the following engineering services: Project Management to administrate your repair contract, performing structural inspection and QA Review of the waterproofing application. QC concrete testing will be handled by a testing laboratory such as Stock Twin City Testing in St. Paul, who will have a separate contact with the City of Columbia Height. 1. Structural During the repair, we will: Inspections • Coordinate with the contractor the repair areas and extent of repair in accordance with the repair documents. Should any changes be required to facilitate the repair program, we will discuss the changes with you. • Perform structural tests and inspections as required by the 2006 IBC Building Code Section 1704, to verify conformance of the structural work on a periodic basis, as required. We anticipate structural inspection will include but not be limited to: • Concrete removal. • Reinforcing steel placement. • Concrete placement. During each concrete placement, we will have an engineer on site Proposal to Kathy Young City of Columbia Height B u i l d i n e s September 27, 2011 (Revised Oct. 12, 2011) . Page 2 Group. Inc to observe the concrete placement. The observed deficiencies will be reported to the contractor immediately and we will follow up with review of the corrective action taken. Each inspections and visits are generally about two hours each trip. We will stay at the project site longer when needed to complete the inspection service. For this project, we have assumed that approximately 10 site visits will be made. • Prepare a punch list to verify the completion of all the repaired items as governed by the repair contract at the substantial completion stage. 2. QC Waterproofing Traffic Coating Mil Thickness Measurements Review During the installation of the traffic coating, we will monitor the mil thickness of the critical coating layers that are being installed. Generally, we will measure the mil thickness when the material is still fluid, to determine if the coating complies with the minimum requirements. Any non- conformance thickness areas will be brought to the attention of the contractor, and re- applied to meet the requirements. We will be on site for about two hours each trip to randomly verify the mil thickness or until the mil thickness is judged to be consistent during each day of application. The mil thickness will be measured on the following layers: • Base coat • First sand coat • Second sand coat, if required • Sand grit used and coverage. 3. Deliverables Deliverables will include: • A final report to summarize our site visits and issues encountered during the repair work. HI. PROJECT FEES We will provide the above engineering services for the referenced building on a time, material and test basis in accordance with the attached "Exhibit A to Proposals ", General Conditions for Professional Services" and the attached fee schedule. Based on the scope of the work proposed, we estimate our engineering fee to be approximately as shown in Table 1 below. Billing will be issued on a monthly basis. TABLE 1: Estimated Engineering Fees cription Estimated Engineering Fee 1. Structural Inspection $3,800 (1) 2. Traffic Coating QC Review $1,100 (2) Total Project Estimate $4,900 Note (1): we have assumed that 5 site visits will be made for structural inspections. Note (2): we have assumed that approximately 3 site visits will be made for traffic Proposal to Kathy Young y . City of Columbia Height B u i l d i n g s September 27, 2011 (Revised Oct. 12, 2011) c o n , u 1 , ; n ,, Page 3 Group, Inc coating application review. IV. LIMITATIONS ASSUMPTIONS The fee estimates for our services are based on the assumed construction to be substantially completed by November 23, 2011 and final completion by December 9, 2011. Should the actual schedule be extended beyond this schedule, which beyond our control, our actual fee will be based on the actual time spent on the project and the attached fee schedule. If this occurs, we will discuss changes in our work scope with you and receive your approval before proceeding. Please call Dan at 612- 789 -6696, extension 17, or Lewis at 612- 789 -2662 for any questions that you may have on the proposal. Respectfully submitted, Buildings Consulting Group, Inc. ACCEPTANCE: Please indicate your acceptance of this proposal by endorsing below and returning one copy of Daniel E. Poppler, P.E. this executed proposal to us for our records. Senior Engineer City of Columbia Heights m s a Aut o rized Signature Lewis Y. Ng, P.E. Wa 11 FPh st Principal Engineer Typed Name City Manager Title I It-i Date FEE SCHEDULE Buildings (Current until December 31, 2011) Cons ulti g Group, In c Personnel (1) Hourly Rate 101 Principal Engineer $ 152 102 Associate $ 142 103 Senior Engineer $ 132 104 Project Engineer $ 127 105 Registered Engineer $ 122 106 Graduate Engineer $ 107 107 Senior Technician $ 89 (2) 108 Technician $ 81 (2) Reimbursable Expenses Rate 201 Automobile Mileage $0.61 /mile 202 Travel Related Expenses (lodging, meals, Actual plus 10% car rental, gas, parking, etc) 203 Cad Plotting $1.50/SF 204 Color Printing $1.00 each page 205 Reproduction (Plans and Spec) Actual plus 10% 206 Other Direct Project Costs Actual plus 10% Note: 1. All rates are portal to portal 2. Standard Rate times 1.5 will be charged on Weekends and Holidays 2` t-t-pwt 9? m d�.. i. . ,.. vokev-vpm -p; z 1.0 PROFESSIONAL SERVICES assessments and impact statements or other report or design documents relating to the 1.1 Buildings Consulting Group, Inc. (BCG) will perform Project, upon which BCG may rely in professional engineering services (the "Services ") for performing the Services. Client for the project (the "Project ") as described in the proposal executed by Client (the "Proposal "). 3.3.2. Provide right of entry to BCG personnel to enter the Project site to perform the Services. 1.2 The scope of services is based on information furnished by Client and mutually agreed upon or as directed by 3.3.3. While BCG will take necessary precautions to Client. minimize damage to the property in performing its Service, it is understood by the 2.0 FEE PAYMENT Client that during the normal course of providing Services, some damage may occur. 2.1 Client shall compensate BCG for the Services upon the In addition, some Services may require terms stated in the Proposal. BCG will submit monthly destructive testing. The corrective action is invoices to Client and a final invoice at the completion the responsibility of Client, or at Client's of the services. request, BCG will correct the damage for an additional fee to Client based on the actual 2.2 Payment of each Invoice is due upon receipt of invoice. cost plus 15 %. Client shall notify BCG in writing of any invoiced item that is alleged to be inaccurate within fifteen (15) days 4.0 OWNERSHIP OF DOCUMENTS from the date of invoice. 4.1 All documents including drawings and 2.3 Payment of any invoice is past due if not received within specifications prepared or furnished by BCG thirty (30) days from the date of invoice. In the event pursuant to this Project are instruments of, and Client fails to pay any invoice within thirty (30) days of shall remain the property of BCG (the the date of the invoice, then Client agrees to pay to Documents "). Client may make and retain copies BCG a finance charge of 1.5% per month, or the for information and reference. maximum permitted by law, whichever is less. BCG may, after giving seven days' written notice to Client, 4.2 The use of the Documents by Client or others on suspend services under this agreement until BCG has extension or completion of the Project or on any been paid in full all amounts due for the Services, other project without BCG's written consent will be expenses and charges. Client further agrees to pay at Client's sole risk and without liability or legal any other costs or expenses, including reasonable exposure to BCG, and Client shall indemnify and attorneys' fees; incurred by BCG in collecting fees or hold harmless BCG and BCG's agent(s) from all expenses due pursuant to this Proposal. claims, damages, loss and expenses arising out of or resulting therefrom. 3.0 OWNER'S RESPONSIBILITIES 4.3 Unless otherwise agreed, BCG will retain all 3.1 Client shall provide to BCG all known information pertinent records pursuant to the Services regarding existing and proposed conditions or Client's described in this Proposal for a period of 3 years requirements for the Project. BCG will not be from the date of the Documents. The Documents responsible for any recommendations, or design based will be made available to Client for a reasonable on any inaccurate information provided by Client or any charge. Client must notify BCG if the Documents agent or representative of Client. are to be stored by BCG beyond the 3 year time period and the Client will reimburse BCG for a 3.2 Client shall designate a person to act with authority on reasonable monthly storage fee. Client's behalf in respect to all aspects of the Project, review and respond promptly to BCG's submissions 5.0 STANDARD OF CARE and notify BCG in writing promptly whenever Client observes or otherwise becomes aware of any defect in 5.1 BCG will perform the Services as described in the the Services performed by BCG. Proposal in accordance with the currently accepted practice of the profession under similar conditions 3.3 Client shall also do, and pay any costs incidental to, the and locality. following: 5.2 If any non - conformance to this standard is 3.3.1. If required, furnish to BCG boring, subsurface discovered within 12 months from the completion exploration laboratory tests and inspections of of the Project, BCG will correct the non - conformity samples, materials and equipment, professional at its own expense. No other warranty, express, or reports or interpretations, environmental implied is made. Page 1 of 2 6.0 LIMITATION OF LIABILITY 10.0 SUCCESSORS AND ASSIGNS 6.1 BCG will not be responsible for any loss or liability 10.1 Neither Client nor BCG shall assign, sublet or transfer arising from negligence of Client, its employees, agents, any rights under this Proposal without the written consultants, contractors or subcontractors. consent of the other party. 6.2 Client's contractor will be solely responsible for the job 10.2 BCG shall be permitted to engage such independent site conditions, including safety of all persons and professional associates, consultants, and /or properties, means, methods, and schedules during the contractor, as BCG may deem appropriate to assist in entire course of construction. the performance of the Services under this Proposal. 6.3 It is agreed that BCG's maximum liability to Client for 11.0 COMPLETION SCHEDULE negligence, gross negligence or for property damage of any kind, as a result of the Services performed as 11.1 BCG will perform the Services within the time period stated in the Proposal and as a result of acts, errors or as indicated in the Proposal. However, the omissions of BCG, shall be limited to the amount of completion schedule shall be adjusted due to any BCG's fee in the aggregate. delay as a result of causes beyond reasonable control of BCG, or weather, fire, strike, riot, 7.0 INSURANCE government action, action of third party or Client, or act of God. 7.1 BCG will carry worker's compensation, public liability and property damage insurance policies, which BCG in 12.0 DISPUTE RESOLUTION its sole discretion considers adequate. Certificate of the insurance policy will be provided upon request. In the 12.1 All claims, counterclaims, disputes and other matters event Client requests additional coverage, Client shall in questions between the parties hereto arising out of be responsible for the additional cost of BCG's obtaining or relating to this Proposal or any breach thereof will such insurance and for any additional premiums. be decided by arbitration in accordance with the Construction Industry Arbitration Rules of the 7.2 BCG will not be responsible for liability beyond the limits American Arbitration Association (AAA), subject to and conditions of the insurance. the limitation and restriction stated in paragraphs 12.2 and 12.3 below. 8.0 OPINION OF COST 12.2 Notice of demand of arbitration must be filed in 8.1 If a Cost estimate is included in the Services, BCG's writing with the other party to this Agreement and with opinion of probable construction cost provided is based the AAA. The demand must be made within a on the BCG's experience and represents BCG's best reasonable time after the claim, dispute or other judgment. BCG cannot and does not guarantee that matter in question has arisen. In no event may the proposals, bids or actual project or construction cost will demand for arbitration be made after the date when not vary from the estimates. Client agrees to pay BCG institution of legal or equitable proceedings based on for any and all fees, costs, and expenses in the event such claim, dispute or other matter in question would the same exceed the fees, costs and expenses stated in be barred by the applicable statute of limitations. BCG's opinion of probable construction costs. 12.3 The fee of the arbitrator and the cost of transcription 9.0 TERMINATION and all other cost of the arbitration shall be apportioned equally between the parties. 9.1 In the event that any non - conformity in the Services provided by BCG is not corrected within a reasonable 12.4 The award rendered by the arbitrator(s) shall be final, amount of time from the date of Client giving written and judgment may be entered upon it in accordance notice of the non - conformity to BCG, which reasonable with applicable law in any court having jurisdiction amount of time shall not exceed thirty (30) days, then thereof. Client may terminate this Proposal by giving written notice of its intention to do so to BCG. Such notice shall 13.0 APPLICABLE LAW be effective upon receipt by BCG. This Proposal may also be terminated by either party upon thirty (30) days 13.1 This Proposal is to be governed by the laws of the written notice in the event of a material breach of the State of Minnesota. terms of the Proposal, provided, however, that such termination will not be effective if the material breach is 14.0 AMENDMENT remedied within a reasonable amount of time not to exceed thirty (30) days. 14.1 This Proposal may be modified, or amended, only if the amendment is made in writing and is executed by 9.2 If this Proposal is terminated, BCG shall be paid for all both parties. the Services incurred to the date of termination notice, plus termination expenses which include direct cost of 15.0 BINDING AGREEMENT staff rescheduling, extra equipment rental and other costs associated with termination. 15.1 This Proposal shall be binding upon and ensure to the benefit of the heirs, successors and assigns of the parties hereto. Page 2 of 2