HomeMy WebLinkAboutContract No. 2014 2551Braun Intertee Corporation I m�: 9,52.995.2000
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March 17, �O14
' Quotation OTBOO1314
Kevin Hansen, PE
Director of Public Works/City Engineer
City of Columbia Heights
5373Dth Ave NE
Columbia Heights, K8N 55421
Re: Infrared Evaluation for Exterior Masonry Wall
Dear Mr. Hansen:
Bnvun|ntertec is pleased to have this opportunity to submit a proposal to conduct aninfrared
evaluation of the existing exterior masonry walls at the Columbia Heights City Hall, Our proposal is
based upon discussions with you at a preliminary site visit on January 07, 2014 to observe the issue
and take some photographs. VVe also received some existing building drawings byemail. The two
walls of concern, and included in the scope of work, are the south and east walls of the two-story
office portion of the building at the southeast corner.
Scope of Services
Based upon our preliminary site visit and understanding of the wall issues described, we propose to
perform the following services in order to determine the existing condition of the exterior walls.
Please note the following Basic Services:
1. DommentReview — reviewexistingorchiteztura/ drawings 8o understand the existing
construction
2, Sbe|nmetigatiou — Wsuallkinspertexteriormmsonrymallsforsign of moisture intrusion
3. Thermal Imaging/infrared Inspection —document with 09 image oy the exterior walls to
detenn/neaaeoso//no/stumeondbhenno/conoens,
4. Written Report— We will complete a written report that documents our test results and
inspection findings.
Proposed Compensation
We proposed to complete the tasks outlined above on a not-to exceed fee basis as outlined below:
BASE FEE
I. Document Review
J. On-site investigation (Trip charges included)
3. Thermal Imaging (Equip. rental & expenses included)
4. Written Report
Total Base Fee: 1,S82
Columbia Heights City Hall
0TBO0l314
March 17, 2014
Billing Rates
The tasks outlined above will be provided billing rates ao outlined below:
Principal Architect $185/hr
Project Arch had/KXana8er $140/hr
Project Assistant $90/hr
infrared Camera Rental $81/hour
Trip Charges $25/trip
Schedule '
As discussed, for an infrared scan tobe successful, it is important that the exterior temperatures are
above freezing overnight and into the following day, Exact date at time of the inspection is to be
determined based on weather conditions and will be coordinated as necessary. The development of
the final report will take approximately 2 weeks.
Columbia Heights City Hall
OT0OO13I4
March 17,2014
VVe appreciate the opportunity to present this proposal toyou. Please return the signed copy inits
emtirety, We include the Braun Intertec General Conditions, which provide additional terms and are
o part of our agreement.
U you have any questions nrconcerns please call lack Rasmussen at(9S2)393'S217. Thank you for
this opportunity 10 assist the City of Columbia Heights.
Dean Olsen, AI4
Associate Principal/Senior Architect
Attachment: General Conditions
General Conditions
Section 1: Our Agreement
1.1 Our agreement ("Agreement") with you
consists of these General Conditions and the
accompanying written proposal or
authorization. This Agreement is our entire
agreement. It supersedes prior agreements. It
may be modified only in a writing signed by us,
making specific reference to the provision
modified.
1.2 The words "you," "we," "us," and 'our'
include officers, employees, and
subcontractors,
1.3 In the event you use a purchase order or
other form to authorize our services, any
conflicting or additional terms are not part of
our Agreement. Directing us to start work prior
to execution of this Agreement constitutes your
acceptance. if, however, mutually acceptable
terms cannot be established, we have the right
to withdraw our proposal without liability to
you or others, and you will compensate us for
services already rendered.
Section 2: Our Responsibilities
2.1 We will provide the services specifically
described in our Agreement with you. You
agree that we are not responsible for services
that are not fairly included in our specific
undertaking. Unless otherwise agreed in
writing, our findings, opinions, and
recommendations will be provided to you in
writing. You agree not to rely on oral findings,
opinions, or recommendations without our
written approval.
2.2 in performing our professional services,
we will use that degree of care and skill
ordinarily exercised under similar
circumstances by reputable members of our
profession practicing in the -same locality. If you
direct us to deviate from our recommended
procedures, you agree to hold us harmless from
claims, damages, and expenses arising out of
your direction.
23 We will reference our field observations
and sampling to available reference points, but
we will not survey, set, or check the accuracy of
those points unless we accept that duty in
writing. Locations of field observations or
sampling described in our report or shown on
our sketches are based on information
provided by others or estimates made by our
personnel. You agree that such dimensions,
depths, or elevations are approximations unless
specifically stated otherwise in the report. You
accept the inherent risk that samples or
observations may not be representative of
things not sampled or seen and, further, that
site conditions may change over time,
2,4 Our duties do not include supervising your
contractors or commenting on, overseeing, or
providing the means and methods of their
work, unless we accept such duties in writing.
GC
We will not be responsible for the failure of
your contractors to perform in accordance with
their undertakings, and the providing of our
services will not relieve others of their
responsibilities to you or to others.
2.5 We will provide a health and safety
program for our employees, but we will not be
responsible for contractor, job, or site health or
safety unless we accept that duty in writing.
2.6 You will provide, at no cost to us,
appropriate site safety measures as to work
areas to be observed or inspected by us. Our
employees are authorized by you to refuse to
work under conditions that may be unsafe.
2.7 Estimates of our fees or other project
costs will be based on information available to
us and on our experience and knowledge, Such
estimates are an exercise of our professional
judgment and are not guaranteed or
warranted. Actual costs may vary. You should
allow a contingency in addition to estimated
costs.
Section 3: Your Responsibilities
3.1 You will provide us with prior
geotechnical and other reports, specifications,
plans, and information to which you have
access about the site. You agree to provide us
with all plans, changes in plans, and new
information as to site conditions until we have
completed our work.
31 You will provide access to the site, In the
course of our work some site damage is normal
even when due care is exercised. We will use
reasonable care to minimize damage to the
site. We have not included the cost of
restoration of normal damage in the estimated
charges,
3.3 You agree to provide us, in a timely
manner, with information that you have
regarding buried objects at the site. We will not
be responsible for locating buried objects at the
site unless we accept that duty in writing. You
agree to hold us harmless from claims,
damages, losses, and related expenses
involving buried objects that were not properly
marked or identified or of which you had
knowledge but did not timely call to our
attention or correctly show on the plans you or
others on your behalf furnished to us.
3.4 You will notify us of any knowledge or
suspicion of the presence of hazardous or
dangerous materials in a sample provided to us.
You agree to provide us with information in
your possession or control relating to
contamination at the work site. if we observe
or suspect the presence of contaminants not
anticipated in our Agreement, we may
terminate our work without liability to you or
to others, and we will be paid for the services
we have provided.
3.5 Neither this Agreement nor the providing
of services will operate to make us an owner,
operator, generator, transporter, treater,
storer, or a disposal facility within the meaning
of the Resource Conservation Recovery Act, as
amended, or within the meaning of any other
law governing the handling, treatment, storage,
or disposal of hazardous materials. You agree
to hold us harmless and indemnify us from any
such claim or loss.
3.6 Monitoring wells are your property, and
you are responsible for their permitting,
maintenance, and abandonment unless we
accept that duty in writing,
3.7 You agree to make disclosures required by
law. In the event you do not own the site, you
acknowledge that it is your duty to inform the
owner of the discovery or release of
contaminants at the site. You agree to hold us
harmless and indemnify us from claims related
to disclosures made by us that are required by
law and from claims related to the informing or
failure to inform the site owner of the discovery
of contaminants.
Section 4: Reports and Records
4,1 Unless you request otherwise, we will
provide our report in an electronic format,
4,2 Our reports, notes, calculations, and other
documents and our computer software and
data are instruments of our service to you, and
they remain our property but are subject to a
license to you for your use in the related
project for the purposes disclosed to us. You
may not transfer our reports to others or use
them for a purpose for which they were not
prepared without our written approval. You
agree to indemnify and hold us harmless from
claims, damages, losses, and expenses,
including attorney fees, arising out of such a
transfer or use. At your request, we will provide
endorsements of our reports or letters of
reliance, but only if the recipients agree to be
bound by the terms of our agreement with you
and only if we are paid the administrative fee
stated in our then current Schedule of Charges.
4.3 Because electronic documents may be
modified intentionally or inadvertently, you
agree that we will not be liable for damages
resulting from change in an electronic
document occurring after we transmit it to you.
4.4 If you do not pay for our services in full as
agreed, we may retain work not yet delivered
to you and you agree to return to us all of our
work that is in your possession or under your
control.
4.5 Samples and field data remaining after
tests are conducted and field and laboratory
equipment that cannot be adequately cleansed
of contaminants are and continue to be your
property. They may be discarded or returned to
Page I of 2
you, at our discretion, unless within 15 days of
the report date you give us written direction to
store or transfer the materials at your expense.
4.6 Electronic data, reports, photographs,
samples and other materials provided by you or
others may be discarded or returned to you, at
our discretion, unless within 15 days of the
report date you give us written direction to
store or transfer the materials at your expense.
Section 5: compensation
5.1 You will pay for services as agreed upon
or according to our then current Schedule of
Charges if there is no other written agreement
as to price. An estimated cost is not a firm
figure. You agree to pay all sales taxes and
other taxes based on your payment of our
compensation. Our performance is subject to
credit approval and payment of any specified
retainer.
5.2 You will notify us of billing disputes within
15 days. You will pay undisputed portions of
invoices on receipt. You agree to pay interest
on unpaid balances beginning 30 days after
invoice dates at the rate of 1.5% per month, or
at the maximum rate allowed by law.
5.3 If you direct us to invoice another, we will
do so, but you agree to be responsible for our
compensation unless you provide us with that
person's written acceptance of all terms of our
Agreement and we agree to extend credit to
that person and to release you.
5.4 Your obligation to pay for our services
under this Agreement is not contingent on your
ability to obtain financing, governmental or
regulatory agency approval, permits, final
adjudication of lawsuit in which we are not
involved, your successful completion of a
project, receipt of payment from another, or
any other event. No retainage will be withheld.
5.5 If you do not pay us within 60 days of
invoice date, you agree to reimburse our
expenses, including but not limited to attorney
fees, staff time, and other costs of collection.
5.6 You agree to compensate us in
accordance with our fee schedule if we are
asked or required to respond to legal process
arising out of a proceeding related to the
project and as to which we are not a party.
5.7 If we are delayed by factors beyond our
control, or if project conditions or the scope or
amount of work change, or if changed labor
union conditions result in increased costs,
decreased efficiency, or delays, or if the
standards or methods change, we will give you
timely notice and we will receive an equitable
adjustment of our compensation. if you and we
do not reach agreement on such compensation
within 30 days of our written application, we
may terminate without liability to you or
others.
S.8 if you fail to pay us within 60 days
following invoice date, we may consider the
default a total breach of our Agreement and, at
our option, terminate our duties without
liability to you or to others.
5.9 Inconsideration of our providing
insurance to cover claims made by you, you
hereby waive any right of offset as to fees
otherwise due us.
Section 6: Disputes, Damage, and Risk
Allocation
6.1 Each of us will exercise good faith efforts
to resolve disputes without litigation. Such
efforts will include, but not be limited to, a
meeting(s) attended by each party's
representative(s) empowered to resolve the
dispute. Before either of us commences an
action against the other, disputes (except
collections) will be submitted to mediation.
6.2 Neither of us will be liable for special,
incidental, consequential, or punitive damages,
including but not limited to those arising from
delay, loss of use, loss of profits or revenue,
loss of financing commitments or fees, or the
cost of capital.
6.3 We will not be liable for damages unless
suit is commenced within two years of the date
of injury or loss or within two years of the date
of substantial completion of our services,
whichever is earlier. We will not be liable unless
you have notified us of the discovery of the
claimed breach of contract, negligent act, or
omission within 30 days of the date of
discovery and unless you have given us an
opportunity to investigate and to recommend
ways of mitigating damages. You agree not to
make a claim against us unless you have
provided us at least 30 days prior to the
institution of any legal proceeding against us
with a written certificate executed by an
appropriately licensed professional specifying
and certifying each and every act or omission
that you contend constitutes a violation of the
standard of care governing our professional
services.
6.4 For you to obtain the benefit of a fee
which includes a reasonable allowance for risks,
you agree that our aggregate liability for all
claims will not exceed the fee paid for our
services or $50,000, whichever is greater. If you
are unwilling to accept this allocation of risk,
we will increase our aggregate liability to
$100,000 provided that, within 10 days of the
date of our Agreement, you provide payment in
an amount that will increase our fees by 10 %,
but not less than $500, to compensate us for
the greater risk undertaken. This increased fee
is not the purchase of insurance.
6.5 You agree to indemnify us from all liability
to others in excess of the risk allocation stated
above and to insure this obligation.
6.6 The prevailing party in any action relating
to this Agreement shall be entitled to recover
its costs and expenses, including reasonable
attorney fees, staff time, and expert witness
fees.
6.7 The law of the state in which our servicing
office is located will govern all disputes. Each of
us waives trial by jury. No officer or employee
acting within the scope of employment shall
have individual liability for his or her acts or
omissions, and you agree not to make a claim
against individual employees.
Section 7: General Indemnification
7.1 We will indemnify and hold you harmless
from and against demands, damages, and
expenses of others to the comparative extent
they are caused by our negligent acts or
omissions or those negligent acts or omissions
of persons for whom we are legally responsible.
You will indemnify and hold us harmless from
and against demands, damages, and expenses
of others to the comparative extent they are
caused by your negligent acts or omissions or
those negligent acts or omissions of persons for
whom you are legally responsible.
7.2 To the extent it may be necessary to
indemnify either of us under Section 71, you
and we expressly waive, in favor of the other
only, any immunity or exemption from liability
that exists under any worker compensation
law.
7.3 You agree to indemnify us against losses
and costs arising out of claims of patent or
copyright infringement as to any process or
system that is specified or selected by you or by
others on your behalf,
Section 8: Miscellaneous Provisions
8.1 We will provide a certificate of insurance
to you upon request. Any claim as an Additional
Insured shall be limited to losses caused by our
sole negligence.
8.2 You and we, for ourselves and our
insurers, waive all claims and rights of
subrogation for losses arising out of causes of
loss covered by our respective insurance
policies.
8,3 Neither of us will assign nor transfer any
interest, any claim, any cause of action, or any
right against the other. Neither of us will assign
or otherwise transfer or encumber any
proceeds or expected proceeds or
compensation from the project or project
claims to any third person, whether directly or
as collateral or otherwise.
8.4 Our Agreement maybe terminated early
only in writing. We will receive an equitable
adjustment of our compensation in the event
of early termination.
8.5 if a provision of this Agreement is invalid
or illegal, all other provisions shall remain in full
force and effect.
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