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HomeMy WebLinkAbout04-30-07 Item 4N, Recladding at City Hall ~ ~HILLS Request for Council Action Prepared By: Michelle Wolfe Dept.: --:AdiTii-nTstraHon"-- Council Mtg. Date:- .. "-.:-~l~P!TC.~~9_~J9Q?____ Final Action Needed By: "..~pr.H"~.9L.~Q.9.?...,.. Agenda Item: 4.N. ~---------"----------Budgeted Amount: Actual Amount: Funding Source: ~-~$O $12,'760 pjRF~und M_.m.__'__.___ r~lI[mf1!~J~}I~!Im:r;}JI~ig[~ilf~~_fi_1i_~~1flHEiggQrmL.".,.,.."...."...."....,,,,.,,.,,.,,.''''......m..'_.._...'n'_.._'n"___n_nn_______n__n__n_n_____n_______n____._..__.__"n,._._.._"_.,...."'.._...._..."...."...."."'.''''''....,,,,.,,,,..,,.......,,_,,._,_,,.,,,...'_.".mmm.'_.'_m..,_,_.._'__'n_nn_n___'___________n__n___n__n______'.___".,,,,,,.,.,,. i . Motion to Accept the Proposal Submitted by Wiss, Janney, Elstner and Associates for Providing Construction Administrative Services I During the RecJadding Project at Arden Hills City Hall in the Amount of $12,700. Motion to Accept the Proposal by Janney, Elstner and Associates During the RecJadding Project at Arden Hills City Hall in the Amount of $12,700. Administrative x Dated April 30, 2007 from City Administrator Michelle Wolfe No.: No.: Recommendation: Recommendation: Copy of the Proposal Submitted by Wiss, Janey, Elstner Associates Inc. ~ ~~HILLS MEMORANDUM DATE: February 26, 2007 Agenda Item 4.N. TO: Honorable Mayor and City Council Members FROM: Michelle A. Wolfe, City Administrator ~ J p/jO Dave Scherbel, Building Official ' l -V SUBJECT: City Hall Chimney Recladding Project CC: Jerry Filla, City Attorney Background: The City Hall has experienced numerous problems with leaking in the chimney area since the building was constructed in 2001. The City has hired the engineering firm Wiss, Janey, Elstner, and Associates (WJE) to investigate the cause ofthe water intrusion. At this time, City staff is recommending City Council approval of a proposal submitted by WJE in the amount of $12,700 for providing construction administration services during the chimney recladding project at City Hall. The proposal submitted by WJE would cover the following areas: 1. Prepare the contract between the City and Building Restoration Company; 2. Attending pre-construction meetings; 3. Documents conditions exposed during the demolition phase; 4. Review contractor submittals; 5. Perform three site inspections to review flashing mockups, flashing system installation and work in-progress; 6. Perform water spray testing of the completed flashing installation; 7. Respond to contractor questions; 8. Administer changes to work; 9. Review payment applications; 10. Perform final inspection of the completed work. ReQuest Motion to accept the proposal submitted by Wiss, Janney, Elstner and Associates for providing construction administrative services during the rec1adding project at Arden Hills City Hall in the Amount of$12,700. " WJE ENGINEERS ARCHITECTS MATERIALS sef ENTISTS Wiss, Janney, Elstner Associates, Inc. 600 Highway 169 South, Suite 1520 Minneapolis, Minnesota 55426 952,545,0295 lei 1 952.544.6954 fax www.wje.com Via: Deliver 24 April 2007 Mr. Dave Scherbel Building Official City of Arden Hills 1245 West Highway 96 Arden Hills, MN 55112-5743 Ll COpy Re: Construction administration services Chimney recladding project City Hall Building Arden Hills, MN WJE No. 2005.5144.3 Dear Mr. Scherbel: Wiss, Janney, Elstner Associates, Inc. (WJE) is pleased to provide you with this proposal for providing construction administration services during the chimney recladding project at the Arden Hills City Hall building in Arden Hills, Minnesota. SCOPE OF SERVICES WJE will: (1) prepare the contract between the City and Building Restoration Corporation, (2) attend a pre-construction meeting; (3) document conditions exposed during the demolition phase, (4) review contractor submittals, (5) perform three site inspections to review flashing mockups, flashing system installation and work-in-progress; (6) perform water spray testing of the completed flashing installation; (7) respond to contractor questions; (8) administer changes in the work; (9) review payment applications; and (10) perform a final inspection of the completed work. A field report will be prepared after each visit. Full-time inspection will be performed during the demolition phase to document the as-built construction and to further define the cause(s) of the persistent water leakage problems that have been experienced in the vicinity of the chimney in preparation for the pending arbitration hearing. Our design was based upon our field measurements, conditions that were exposed during the initial investigative phase and the original design drawings. Until demolition is completed, however, we will not know how well the as-built construction matches the original design drawings. It is likely that some unforeseen conditions will be enconntered that will necessitate additional inspection and office time to develop appropriate repair details for construction. This additional design time is estimated to be approximately $1700 and this amount has been included in our estimated budget for this phase of our work. Headquarters & Laboratories-Northbrook, Illinois Atlanta 1 Austin I Boston I Chicago 1 Cleveland 1 Dallas I Oenver 1 Oetroit I Honolulu 1 Houston Los Angeles I Minneapolis I New Haven I New York I Princeton [ San Francisco I Seattle I Washington, DC WJE ENGINEERS ARCHITEas MATERIALS SCI ENTlSTS Mr. Dave Scherbel City of Arden Hills 24 April 2007 Page 2 FEE AND CONDITIONS WJE proposes to perform the aforementioned for an estimated fee of $12,700, including expenses. Our services will be performed on a time and expense basis in accordance with our enclosed Standard Terms and Conditions, dated 2 August 2004. AGREEMENT If you concur with this proposal, please sign in the space provided and return one copy as authorization to proceed. Thank you for the opportunity to submit this proposa1. Very truly yours, WISS, JANNEY, ELSTNER ASSOCIATES, INC. Digital signature Brian J. Pashina, P .E. Senior Consultant Enclosure: WJE Standard Terms and Conditions (2 pages) C: Mr. Jerome Filla (emailed) Peterson, Fram & Bergman Mr. Jeff Coleman (emailed) Coleman, Hull and van Vliet ACCEPTANCE Accepted by: By: Title: Signature: Date: P:\PROJECTS\2005\5144.Arcten Hills City HaIl\5144.3 Chimney repair design and CA \Construction administration\Proposal\Chimney repair CA services 4-24-07.doc WJE STANDARD TERMS AND CONOITIONS Page 1 of2 2 August 2004 These Standard Terms and Conditions shall continue in full force and effect during, and after the completion or termination of, Wiss, Janney, Elstner Associates, Inc. or WJE Engineers & Architects, P.C. (WJE) employment. These Standard Terms and Conditions shall control any conflicting term or condition unless WJE agrees otherwise in writing. PERFORMANCE WJE and its employees will exercise the degree of skill and care expected by customarily accepted practices and procedures. No warranties, expressed or implied, are made with respect to WJE's performance, unless agreed to in writing. WJE is not a guarantor of the project to which its services are directed, and its responsibility is limited to work performed for the client. WJE is not responsible for acts" or omissions of the client, nor for third parties not under its direct control. WJE shall not be liable for any reason for any special, indirect or consequential damages including loss of use and loss of profit. WJE will take reasonable precautions to minimize any damage to the client's property during conduct of any WJE field work and testing. The client understands that in the nonnal course of this type of work some damage may occur, liability for which damage is not part of this agreement. WJE may rely upon information supplied by the client engaging WJE, or the contractors or consultants involved, or infonnation available from generally accepted reputable sources, without independent verification. WJE services are being perfonned solely for client's benefit and no contractor, subcontractor, supplier, fabricator, manufacturer, tenant, occupant, consultant, or other third party shall have any claim against WJE as a result of its services. WJE shall not have control over or charge of and shall not be responsible for construction means, methods, techniques, sequences or procedures, or for safety precautions and safety programs in connection with the project, since these are solely the responsibility of others. WJE shall not be responsible for the contractor's schedules or failure to carry out the project in accordance with contract documents. WJE shall not have control over or charge of acts or omissions of the contractor, subcontractor, or their agents or employees, or of any other non-WJE persons perfonning portions of the project. USE OF REpORTS, DRAWINGS AND ELECTRONIC MEDIA WJE retains ownership of letters, reports, drawings, specifications, photographs, test data, notes and other work product it has created. These. documents or parts thereof may not be reproduced in advertisements, brochures, or sales material, nor used by the client for any purpose other than the purpose for which they were prepared, nor by third parties, without the written pennission of WJE. Conclusions by WJE based on test results are limited to the specific conditions for which the tests were perfonned. In the event that WJE work product is stored or transmitted by some fonn of electronic media, the client agrees that WJE shall not be held liable for the completeness, transmission, accuracy or longevity of these materials, nor for misuse thereof. PROPOSALS Proposals expire 120 days after submission to a client unless a different expiration limit is included in the proposal. WJE may withdraw or modify a proposal at any time prior to acceptance by the client. All fees and expenses quoted in proposals or stated in invoices are exclusive (net) of local or county excise and other business or business license taxes. The client represents it is aware of all such taxes and shall reimburse WJE upon presentation by WJE of the cost of such taxes by an invoice within one year of completion of services. CLIENT DUTIES In order for WJE to perfonn the services requested, the client shall, at no expense to WJE, (1) provide all necessary information regarding client's requirements as necessary for orderly progress of the work, (2) designate in writing a person to act as client's representative for services to be rendered under this Agreement, which person shall have authority to transmit instructions, receive instructions and information, interpret and define client's policies and requests for WJE's services, and (3) provide access to and make all provisions for WJE to enter, without cost, limitation or burden to WJE, publicly or privately owned property as required to perform the work, including the use of scaffolds or similar mechanical contrivances. SAFETY Field work of WJE will be perfonned only under conditions deemed safe by WJE personnel. Charges may be made for safety or security measures required by hazardous job conditions. WJE is not responsible for the safety of other persons or property. HAZARDOUS MATERIALS If WJE encounters, or reasonably suspects that it has encountered,-hazardous materials in the project, WJE shall cease activity on. the. project and promptly notify the client.. The client shall initiate action, where appropriate, to identify and investigate the nature and extent of hazardous materials in the project and to abate and/or remove the same as may be required by federal, state or local statute, ordinance, code, rule, or regulation now existing or hereinafter enacted or amended. Unless otherwise specially provided in writing, the services to be provided by WJE do not include identification of hazardous materials, and WJE has no duty to identify or attempt to identify the same within the area of the project. It is further understood and agreed that services WJE will undertake for the client may be uninsurable obligations involving the presence or potential presence of hazardous materials. Therefore, the client agrees, except (1) such liability.as may arise out of WJE's sole" negligence in the perfonnance of services under this agreement or (2) to the extent of insurance coverage available for the claim, to hold harmless, indemnify and defend WJE and its employees, subcontractors and agents from and against any and all claims, lawsuits, damages, liability and costs, including but not limited to, CCists of defense, arising out of or in any way connected with the presence, discharge, release, or escape of hazardous materials. This indemnification applies only to STANDARD TERMS AND CONDITIONS existing conditions and "not to conditions caused or created by WJE. "Hazardous materials" includes, but is not limited to, any substance, waste, pollutant (including mold and mildew) or contaminant, in whatever form, now or hereafter included with such terms under any federal, state or local statute, ordinance, code, rule or regulation now existing or hereinafter enacted or amended. SUSPENSION OF SERVICES If the client fails to make payment when due for WJE's services and expenses, WJE may, upon seven days' written notice to the client, suspend performance of services under this Agreement. Unless payment in full is received by WJE within seven days of the date of the notice, the suspension shall take effect without further notice. In the event of a suspension of services. WJE shall have no liability to the client for delay or damage caused the client because of such suspension of services. FIXED PRICE CONTRACTS Where WJE and the client have agreed to a fixed price contract, the following WJE Standard Terms and Conditions are specifically excluded: Time Charges, Expenses, Equipment Usage, Affiliated Consultants, and Subcontracted Services. Progress payments will be made monthly as a percent of completion unless otherwise arranged with the client. Other WJE Standard Terms and Conditions stated herein remain in effect. TIME CHARGES Time charges are accrued on an hourly basis, unless other arrangements are established. Minimum time charges for personnel at a job site are 8 hours per day, unless time can be utilized on another job. Hourly rates are not increased for overtime. Billing rates may be increased annually. ExPENSES Public transportation, subsistence and out-of-pocket expenses incurred during travel, communications, reproduction and shipping charges will be billed at cost plus 5% (invoiced as an expense service fee.) Use of company or personal vehicles is billed at $ 0.50 per mile. Expended materials for field and laboratory investigations, rental equipment, and fees advanced on clienfs beha.lf will be billed at cost plus 10% (invoiced as an expense service fee.) Clients may be charged for the cost of providing copies of receipts or detailed "back-up" information concerning expenses. EQUIPMENT USAGE WJE equipment used in field or laboratory work is billed at approximately 1% of the replacement cost per day, subject to adjustment for minimum or extended usage. AFALIATED CONSULTANTS WJE retains certain affiliated consultants as independent contractors. These affiliated consultants are billed at rates equivalent to WJE employees of similar education and professional experience. Page 2 of2 2 August 2004 STORAGE Material samples not consumed in WJE's work will be discarded 30 days after completion of the project unless the client requests other disposition. Charges will be made for extended storage of materials, records, or equipment. WJE will exercise reasonable care in safeguarding materials, records, or equipment, but disclaims any liability for loss or damage. SUBCONTRACTED SERVICES Services are billed at cost plus 10% if the subcontracted firm has at least $500,000 of Professional/General Liability Insurance, otherwise cost is marked up 20%. SUBPOENAS AND COURT ORDERS The client is responsible, after notification, for payment of time charges, attorney fees and other expenses resulting from a required response to subpoenas or court orders issued at the request of any party concerning any part of WJE's work. Charges are based on billing rates in effect at the time of WJE'$ response. DISPUTE RESOLUTION Any dispute that should arise between the client and WJE shall first try to be resolved through mediation. The mediator shall be mutually agreed upon and chosen from a list provided by the _ American Arbitration Association or other source of experienced professional mediators. INSURANCE WJE is protected for general, automobile, workers' compensation and employers' liability coverage by policies written by national insurance carriers rated by the AM. Best Company. The primary limits are $1,000,000 with a $2,000,000 aggregate on general liability. Excess coverage applies to exposures over $1,000,000. Endorsements are not allowed. Coverage is subject to annual renewal. Increased coverage will be sought if requested. Charges for additional coverage will be billed to the client. BILLING TERMS The firm or individual engaging WJE is responsible for payment of charges unless WJE is notified in writing, prior to the time that the charges are incurred, that the engagement is on behalf of another party. Accumulated charges will be billed in approximately monthly intervals. State and local sales and us.e tax wilt be included in the billing if applicable. Payment in full (in US dollars) is due upon receipt of the invoice. Invoices which are unpaid 30 days from the invoice date are considered past due and subject to an interest charge at the rate of 1 1/2% per month (or at a lower maximum legal rate) plus related attorneys' fees and collection expenses. The client is responsible for payment of all charges. Agents of the client who engage WJE are also responsible for payment of all charges unless WJE agrees otherwise in writing prior to the time that the charges are incurred. Copyright 2004 Wiss, Janney, Elstner Associates, Inc.