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HomeMy WebLinkAbout2010-05-19 PACKET 04.L.REQUEST OF CITY COUNCIL ACTION COUNCIL AGENDA MEETING ITEM # DATE 5/19110 PREPARED BY Community Development Howard Blin ORIGINATING DEPARTMENT STAFF AUTHOR COUNCIL ACTION REQUEST Consider authorizing the City Administrator to execute an agreement with Futrell Fire Consult & Design to provide plan review services for compliance with fire codes. STAFF RECOMMENDATION Authorize the City Administrator to execute the contract. BUDGET IMPLICATION . $N /A $N /A N/A BUDGETED AMOUNT ACTUAL AMOUNT FUNDING SOURCE ADVISORY COMMISSION ACTION ❑ PLANNING ❑ PUBLIC SAFETY ❑ PUBLIC WORKS ❑ PARKS AND RECREATION ❑ HUMAN SERVICES /RIGHTS ❑ ECONOMIC DEV. AUTHORITY SUPPORTING DOCUMENTS DATE REVIEWED APPROVED DENIED ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ® MEMO /LETTER: Memo from Howard Blin dated 5/13/10 ❑ RESOLUTION: ❑ ORDINANCE: ❑ ENGINEERING RECOMMENDATION: ❑ LEGAL RECOMMENDATION: ® OTHER: Agreement for Plan Review Services with Futrell Fire Consult & Design COUNCIL ACTION TAKEN: APPROVED ❑ DENIED ❑ OTHER CITY OF COTTAGE GROVE MINNESOTA TO: Mayor and Members of the City Council Ryan Schroeder, City Administrator FROM: Howard Blin, Community Development Director DATE: May 13, 2010 RE: Authorization for Consultant Contract to Provide Fire Code Review ••• Authorize the City Administrator to execute an agreement with Futrell Fire Consult and Design, Inc. to provide plan review services for compliance with fire codes. A copy of the proposal is attached. r r As part of the process of reviewing plans prior to issuing building permits, the plans are evalu- ated for compliance with the State Fire Code. For large commercial and institutional projects, in the past the City has contracted for this review with Telgion, Inc. All costs for the consultant review are paid by the applicant for the building permit. Telgion is no longer able to provide this service. Proposals were sought from firms qualified to perform fire code review. The pool of potential consultants is limited since most firms work for architects or contractors, and therefore, may have a conflict in working for a municipality. The City did receive one proposal from Futrell Fire, a firm that works exclusively with public sector clients. Futrell's qualifications meet the City's requirements for plan review. Their proposed fees are similar to what other firms charge for this service. Again, all fees are paid by the permit applicant. Authorize the City Administer to execute the contract. Plan Review Services Proposal For City of Cottage Grove, MN May 4, 2010 Bob LaBrosse Chief Building Official City of Cottage Grove 7516 80 Street South Cottage Grove, MN 55016 (651) 458 -2828 Scott A. Futrell— President 8860 Jefferson Highway Osseo, MN 55369 -1500 763 - 425 -1001 FAX 763 - 425 -2234 www.ffcdi.com May 4, 2010 City of Cottage Grove Plan Review Services Proposal Page I of B a ll Scope of Services Of Through This Proposal Although Futrell Fire Consult & Design, Inc. offers a wide range of services, the objective of this proposal is limited to providing consulting services as outlined in Exhibit "A ". These services are intended to assist the City of Cottage Grove, MN with consulting services and for review of submittals from architects, engineers, review of fire suppression and fire alarm system contractors' submittals, and to report our opinion of the submittals' compliance with the Minnesota State Fire Code (or other applicable codes and standards) and in accordance with your request for assistance. This work is sometimes hereinafter referred to as the "project ". No services other than those specified herein are contemplated or included this proposal. This proposal will become the agreement defining the scope of work Futrell Fire Consult & Design, Inc. (hereinafter "FFCDI ") will provide to the City of Cottage Grove, MN (the "Client ") upon your acceptance of this proposal below. This proposal is sometimes hereinafter referred to as the "Agreement ", although this proposal does not constitute a contract between us unless and until the Client accepts this proposal by signing this document below. Scope of Offered Basic Services The above - summarized services related to the project shall be embodied in a written report or documentation by FFCDI with opinions or recommendations for acceptance, revision, or re- submittal of the reviewed documents or materials. Said report or documentation will be submitted to the Client for their review and use and they in turn will make the final recommendations and forward on to the submitter. Cost and Fees The cost of FFCDI's services will be based on FFCDI's time and expense as described on the attached Exhibit "A" and is payable as billed, as work progresses. The balances due are to be paid within thirty (30) days of the billing date, and if any such amounts are not so paid interest at the rate of one and one half percent (1% %) per month [eighteen percent (18 %) annual interest] on any balance outstanding in excess of thirty (30) days will be added to the Client's account and paid by the Client. Reimbursable expenses include, without limitation, mileage, bluelines, blacklines, reproductions, photocopies, printing, plotting, express delivery costs, courier costs, postage, long distance and cell phone expenses. Such expenses will be billed at FFCDI's cost. Excluded Services Other services available from FFCDI and potentially applicable to this project have been made known and explained to the Client. Where FFCDI has deemed a service needed or advisable, FFCDI has made the opinion known to the Client and the Client has confirmed in his or her opinion that such services are not requested of FFCDI and/or that the Client has made or shall May 4, 2010 City of Cottage Grove Plan Review Services Proposal Paget of 13 make arrangements to obtain those services from a source other than FFCDI. These excluded services included, but are not limited to, the following: 1. Water flow or fire pump tests. 2. Test equipment or testing of any fire suppression, fire alarm, detection or smoke removal systems. 3. Documents making specific recommendations to fire suppression or fire alarm systems or review of those documents unless it is part of the requested consulting services applicable to our work. 4. Preparation of comparison drawings or hydraulic calculations for the fire sprinkler systems or other systems. 5. Costs involved with securing the applicable codes and standards. 6. Plan review fees do not include hourly fees that may be required to review bid documents or engineering reports with specific design criteria for sprinkler, fire alarm, or special hazard systems. The Client hereby agrees, to the fullest extent permitted by law, to indemnify and hold FFCDI and its officers, directors, employees, shareholders, agents, and sub - consultants harmless from any and all claims, liabilities, costs (including reasonable attorneys' fees and costs of defense), losses, and damages for any injury or loss arising or allegedly arising from or related to FFCDI's failure to perform an excluded service listed above. All parties involved also agree to the following: All work prepared by FFCDI is based on the information available to us as provided by the Client and is limited to provisions in the codes and standards as applicable to this Agreement. Proposal Basis Upon acceptance, the terms and conditions of this proposal constitute the complete agreement for FFCDI's work in connection with this project. The Client acknowledges and agrees that FFCDI's report (report as used in this proposal includes both written and verbal presentations of material to the Client), including all documents whether presented by hard copy or on electronic media, are instruments of professional service that contain and reflect FFCDI's work product, business methods, proprietary knowledge and "know- how ", trade secrets, and valuable and proprietary intellectual property, all of which are the valuable proprietary property of FFCDI. Said report and its contents are owned by FFCDI and are subject to copyright and the intellectual property provisions stated in this proposal. Nevertheless, the report prepared under this Agreement may be used by the Client in connection with the Client's project when FFCDI has provided the report to the Client and has received payment in full of all monies due to FFCDI in connection with this project. The Client may not disclose the report or any of its contents to any third party (other than third parties the Client contracts with to perform work necessary to complete the project, all of which parties shall be subject to restrictive covenants limiting their use of the same to said work) and shall not reuse any portion of the report, or make or permit to be made any modifications to the report, without the prior written authorization of FFCDI. The Client further agrees not to use the report prepared under this proposal or Agreement, in whole or in part, for any purpose or project other than the project that is the subject of this proposal or Agreement. The Client waives and releases any claims against FFCDI arising from or related to any unauthorized use or modification of the report made by the Client, the Client's agents, or any third parties Client may provide the report to, and the Client shall be liable to FFCDI for any losses, injury, damages, or other adverse consequences arising from violation of these May 4, 2010 City of Cottage Grove Plan Review services Proposal Page 3 of 13 commitments. In addition, the Client agrees, to the fullest extent permitted by law, to indemnify and hold FFCDI and its officers, directors, employees, shareholders, agents, and consultants or subconsultants harmless from any and all causes of action, claims, damages, judgments, liabilities, losses, obligations, and costs, including reasonable attorneys' fees and costs of defense, arising or allegedly arising from or related to any use or modification of the report prepared under this proposal or Agreement by the Client or by any person or entity which acquires or obtains the report from or through the Client without prior written authorization of FFCDL FFCDI MAKES NO WARRANTIES OR REPRESENTATIONS, EITHER EXPRESS OR IMPLIED, AND IS NOT RESPONSIBLE TO ANY THIRD PARTY REGARDING THE REPORT OR ITS SERVICES, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF MERCHANTABILITY OR OF FITNESS FOR ANY GENERAL OR PARTICULAR PURPOSE. IN NO EVENT SHALL FFCDI BE LIABLE TO THE CLIENT OR ANY THIRD PARTY FOR ANY LOSS OF PROFIT OR ANY CONSEQUENTIAL DAMAGES. Under no circumstances shall transfer of the instruments of service on electronic media for use by the Client be deemed a sale by FFCDI, and FFCDI makes no warranties or representations, either express or implied, regarding the same, including, but not limited to, any warranties of merchantability or of fitness for any general or particular purpose. FFCDI is not responsible for any errors that may occur in transmission of said report. INFORMATION PROVIDED BY OTHERS. FFCDI shall describe to the Client the information the Client needs to provide for FFCDI to render its services hereunder. In addition, the Client shall provide to FFCDI such information as is available to the Client and the Client's consultants and contractors, and FFCDI shall be entitled to rely upon the accuracy and completeness thereof. The Client acknowledges and agrees that FFCDI is not responsible for assessing, verifying, or assuring the accuracy, completeness and sufficiency of such information (in part, without limitation, because it is impossible to absolutely verify such third parry information or because of errors or omissions which may have occurred in assembling the information the Client is providing) or to seek any other information. Accordingly, the Client agrees, to the fullest extent permitted by law, to indemnify and hold FFCDI and its officers, directors, employees, shareholders, agents, and consultants and subconsultants harmless from any and all causes of action, claims, liabilities, damages, judgments, losses, and costs (including reasonable attorneys' fees and costs of defense) for any injury or loss arising or allegedly arising from or related to any errors, omissions, or inaccuracies in any documents or information provided by the Client or any third parties to FFCDI. Terms and Conditions INTELLECTUAL PROPERTY. The work FFCDI does for the Client, including, without limitation, its advice and any report or documents it may prepare, provide, or critique (collectively "work product "), is based on FFCDI's knowledge and experience, business methods, research, reference materials (possibly including documents previously prepared by us or others), information and directions provided by the Client and possibly by others, and the like. While the Client has the right to use FFCDPs work product in connection with this project as provided for herein, FFCDI reserves all copyright, title, ownership, and other intellectual property rights in and to its work product and the underlying sources it uses in the preparation of the work product. Without limiting the foregoing, FFCDI specifically reserves the right to use the knowledge, experience, business methods, research, reference materials, and other sources of the work product it provides on behalf of itself and others in the future, and FFCDI also specifically prohibits the Client from either altering FFCDI's work product for, or giving said work product to, a third party for such third party's benefit or use. LIMITATIONS AND LIMITED WARRANTIES. The services or project does not entail identifying, disclosing, planning for, and addressing each and every potential causality, circumstances, or potential problems that could affect, be present, or arise at the Client's premises or that could be included in Client's ERP. FFCDI does not guarantee or assure the Client that every possible set of circumstances, potential problems, or causalities that could arise, or every ERP provision that could be useful, are addressed or provided through the services or project. The Client needs to understand, and by accepting this proposal acknowledges understanding and agreeing, that fires, other casualties, losses, and problem can arise under a wide range of circumstances and conditions, no advance planning can fully address every possible causality, and FFCDI shall not be held responsible for identifying, disclosing, planning for, and addressing each and every potential causality, circumstances, or potential problems that could become relevant. Notwithstanding any other provisions of this Agreement, FFCDI HEREBY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED, WITH May 4, 2010 City of Cottage Grove Plan Review Services Proposal Page 4 of 13 4 6 RESPECT TO ITS WORK THE SERVICES ITS REPORT AND WORK PRODUCT PRODUCED IN CONNECTION WITH OR PURSUANT TO THIS PROPOSAL/AGREEMENT. INCLUDING BUT NOT PARTICULAR PURPOSE HAS BEEN PROVIDED BY CLIENT IN NO EVENT WILL FFCDI BE LIABLE TO THE CLIENT OR ANY THIRD PARTY FOR ANY EXEMPLARY, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR INDIRECT DAMAGES, INCLUDING, BUT NOT LIMITED TO, PERSONAL INJURY, PROPERTY DAMAGE, DAMAGE TO OR LOSS OF EQUIPMENT, LOST PROFITS, LOST SAVINGS, OR OTHER DAMAGES RELATED TO OR ARISING OUT OF THE USE OF THE REPORT, PLANS, OR SPECIFICATIONS PROVIDED HEREUNDER, EVEN IF FFCDI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. DISPUTE RESOLUTION. Before either party may commence litigation in connection with this Agreement, any claim or dispute between the Client and FFCDI shall be submitted to non- binding mediation as described in this paragraph, unless FFCDI seeks injunctive or other equitable relief in which case it may seek such relief without first engaging in mediation. Mediation shall be commenced by either party giving written notice of its desire to engage in mediation to the other. Said notice shall include at least three mediators acceptable to the party seeking mediation. The party receiving said notice shall accept one of said mediators or, if none of said mediators are acceptable, explain its objections to said mediators and propose one or more mediator candidates within five (5) days after said notice is given. If the parties cannot agree on a mediator within ten (10) days after said responsive notice is given, each parry shall then promptly appoint a mediator, and the two mediators so appointed shall appoint a third mediator, which third mediator shall serve as the Chief Mediator. Said Chief Mediator shall serve as chairperson of the mediation and determine how the mediation shall be conducted and what role, if any, the two mediators named by the parties shall play in the mediation. Any mediator so proposed by either party or selected to serve as mediator shall be included on the State of Minnesota's Court Administrator's Civil Neutral Roster for facilitative and hybrid processes. The mediator (or Chief Mediator) shall prescribe and conduct the process for the mediation. The cost of the mediator(s) shall be born equally by the Client and FFCDI. Mediation shall continue until the earlier of (i) resolution of the dispute by the parties, (ii) the mediator (or Chief Mediator) terminating the mediation, (iii) thirty (30) days after appointment of the mediator (or Chief Mediator), or (iv) forty -five (45) days after either party gave written notice of its desire to engage in mediation. MISCELLANEOUS GOVERNING TERMS. Those provisions of this Agreement imposing obligations on the Client that could require performance following the completion or termination of FFCDI's services, including, but not limited to, provision regarding payment of amounts due hereunder, the above immunity waiver and consent to jurisdiction, and performance of all release, indemnity and hold harmless obligations, shall survive termination of this Agreement. Any notices required or allowed under this Agreement shall be sent to the appropriate party at the address stated on the cover page of this proposal /agreement or such other address as the party may notify the other of in writing. Notices shall be effective upon receipt if personally delivered or upon dispatch if mailed by certified U.S. mail, properly addressed and postage prepaid. This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, legatees, representatives, successors, and assigns. Notwithstanding the preceding sentence or any other provision of this Agreement, the Client may not assign or transfer any of Client's obligations or rights under this Agreement to any third party without FFCDI's prior written consent. This Agreement shall be construed and interpreted in accordance with the laws of the State of Minnesota to the exclusion of the conflicts- of-laws provisions thereof and the United States of America. The parties agree that the venue for any legal action related to or arising from this Agreement shall be in Minnesota State District Court for Hennepin County, Minnesota, or the Federal District Court for the District of Minnesota, although in the event FFCDI seeks injunctive relief it may bring an action therefore in such other Court as may be necessary to secure effective or enforceable injunctive relief. May 4, 2010 City of Cottage Grove Plan Review Services Proposal Page 5 of L3 a This Agreement may be executed in any number of counterparts, each of which shall be deemed to be an original but all of which shall constitute one and the same instrument. No failure on the part of a party hereunder to exercise and no delay in exercising any rights hereunder shall operate as a waiver thereof nor shall any single or partial exercise of any rights hereunder preclude any other or further exercise thereof or the exercise of any other right. Remedies herein provided are cumulative and not exclusive of any other remedy provided by law. All terms and words used in this Agreement shall be construed to include any other number and any other gender as the context or sense of this Agreement or of any paragraph of this Agreement may require as if such terms or words had been fully and properly written in the appropriate number and gender. Any exhibits to this Agreement are hereby made a part hereof. Defined terns used in the exhibits shall have the meanings given to them in this Agreement unless otherwise stated in the exhibits) where the terms are used. Captions are provided for convenience and ease of reference only and do not affect or modify the terms of any of the provisions of this Agreement. The undersigned individuals affirm that they have read the foregoing, have had the opportunity to review the Agreement with legal counsel, and, where signing on behalf of a legal entity corporation, are officers of, and are fully authorized by, said legal entity to sign this Agreement and to thereby bind said legal entity. The terms of this Agreement have been cooperatively negotiated by and among the parties hereto, and this Agreement shall not be construed against any party hereto as its author or drafter. All of the provisions of this Agreement are separable, so if any provision of this Agreement is held to be ineffective by a court of competent jurisdiction, the remaining provisions of this Agreement shall remain in full force and effect unless the invalidated provision is so fundamental to this Agreement that the remaining provisions do not reflect the parties' intent. The terms of this Agreement have been cooperatively negotiated by and among the parties hereto, and this Agreement shall not be construed against any party . hereto as its author. Time is of the essence in the performance of this Agreement. This Agreement contains the entire agreement of the parties hereto with respect to the subject matter hereof and supersedes any and all prior agreements and understanding between the parties with respect to the same. This Agreement may be modified only by a written instrument executed by both parties. COLLECTION COSTS. In the event FFCDI engages legal counsel and /or brings any legal action to enforce any provisions of or otherwise in connection with this Agreement, FFCDI shall be entitled to collect from the Client any judgment or settlement sums due, FFCDI's reasonable attorney's fees related to said action, court costs and expenses incurred by FFCDI in connection therewith, and, in addition, the reasonable value of FFCDI's time and expenses spent in connection with such collection action, computed at FFCDPs prevailing fee schedule and expense policies. SUSPENSION OF SERVICES. If the Client fails to make any payments when due or otherwise breaches any of its commitments or obligations under this Agreement, FFCDI may, at any time and in its sole discretion, suspend performance of services notice to the Client. FFCDI shall have no liability whatsoever to the Client for any costs, losses, or damages that may result from such suspension caused by any breach of this Agreement by the Client. TERMINATION OF SERVICES In addition to FF'CDI's other remedies stated herein, if the Client fails to make any payment when due or otherwise breaches any of its obligations under this Agreement, FFCDI may terminate its provision of services hereunder upon five (5) days notice to the Client. FFCDI shall have no liability whatsoever to the Client for any costs, damages, or losses that may result or arise from any such suspension of termination, and the choice of suspension or termination may be made by FFCDI in its sole discretion. The Client understands and agrees that any failure by the Client to timely make any payments due to FFCDI hereunder shall be a material breach of this Agreement and shall be cause for suspension of services or termination of this Agreement by FFCDI. Either the Client or FFCDI may terminate this Agreement at any time with or without cause upon giving the other party fifteen (15) calendar day's prior written notice (or five (5) days as provided above). The Client shall within fifteen (15) days of termination pay FFCDI for all services rendered and all costs incurred up to the date of termination, in accordance with the compensation provisions of this Agreement. May 4, 2010 City of Cottage Grove Plan Review Services Proposal Page 6 of 13 0 SET -OFFS, BACKCHARGES, DISCOUNTS. Payment of invoices is in no case subject to unilateral discounting or set -offs by the Client, and payment is due regardless of suspension or termination of this Agreement by either party. CHANGED CONDITIONS. The Client shall rely on FFCDI's judgment as to the continued adequacy of this Agreement in light of occurrences or discoveries that were not originally contemplated by or known to FFCDI or by changes in scope that may be requested by the Client. Changes in scope that are not reviewed and approved by FFCDI will not be included in the project documents. It is the Client's responsibility to recognize and notify FFCDI of changed conditions. Should FFCDI call for contract renegotiation, FFCDI shall identify the changed conditions necessitating renegotiation and FFCDI and the Client shall promptly and in good faith enter into renegotiation of this Agreement. If the terms cannot be agreed to, the parties agree that either party has the absolute right to terminate the Agreement. Should the Client not retain the services of FFCDI to review the implementation or any other use of these documents through contractor or shop drawing review, site observation, inspection, authority approval, fire protection reports, or audits, then the client and any end users agree to assume full liability and responsibility for the verification, implementation, interpretation, or any other use of these documents and their findings for any purpose including, but not limited to, development of construction /installation documents, approval, or any other implementation in any form. HAZARDOUS MATERIALS. It is acknowledged by both parties that FFCDI's scope of services does not include any advice, evaluation, assessment, or any services whatsoever related to asbestos or any hazardous or toxic materials. In the event FFCDI or any other parry encounters asbestos or any other hazardous or toxic materials at the jobsite, or should it become known in any way that such materials may be present at the jobsite or any adjacent areas that may affect the performance of FFCDI's services, FFCDI may, at its option, in its sole discretion, and without liability for consequential or any other damages, suspend performance of services on the project until the Client retains appropriate specialist consultant(s) or contractor(s) to identify, abate and /or remove the asbestos or hazardous or toxic materials, and warrants in writing that the jobsite is in full compliance with applicable laws and regulations. The Client agrees, notwithstanding any other provision of this Agreement, to the fullest extent permitted by law, to indemnify and hold harmless FFCDI and its officers, directors, shareholders, employees, agents, and consultants or subeonsultants from and against any and all causes of action, claims, damages, judgments, liabilities, losses, and costs ('including reasonable attorney's fees and defense costs) resulting or accruing to any all persons, firms, and any other legal entity, caused by, arising out of, related to, or in any way connected with the detection, presence, handling, removal, abatement, or disposal of any asbestos or hazardous or toxic substances, products or materials that exist on, about or adjacent to the jobsite, whether liability arises under breach of contract or warranty, tort, including negligence, strict liability or statutory liability or any other cause of action. DUTY TO DISCLOSE HAZARDOUS CONDITIONS, HOLD HARMLESS AND INDEMNIFICATION. Client shall disclose to FFCDI in writing prior to FFCDI providing its services or otherwise beginning to perform of any of its obligations under this Agreement all known or possible hazardous substances, structural defects, or other such risk factors that may cause injury to FFCDFs personnel while discharging its obligations under this Agreement. FFCDI shall not be liable and Client shall indemnify and defend FFCDI and hold FFCDI harmless from any and all liability which is the result of the release of hazardous materials, explosions, building collapse, fire, or any other damage or injury not caused by FFCDI's negligence or unreasonable conduct under the circumstances. However, under no circumstances shall FFCDI be liable for any release of hazardous materials, building collapse, explosions, fire, or any other damage or injury related to Client's failure to disclose to FFCDI the information required under this paragraph and Client shall indemnify and defend FFCDl and hold FFCDI harmless from any and all liability which is the result of Client's failure to disclose. SPECIFICATION OF MATERIALS. The Client understands and agrees that products or building materials which are permissible under current building codes and ordinances may, at some future date, be banned or limited in use in the construction industry because of presently unknown hazardous characteristics or other factors. FFCDI shall endeavor, during the term of the Agreement, to inform the Client of any product or material specified for this project that FFCDI becomes aware is a known or suspected health or safety hazard, but FFCDI has no obligation to the May 4, 2010 City of Cottage Grove Plan Review Services Proposal Page 7 of 13 Ft_J Client or any third party to provide any such information that becomes known to FFCDI after delivery of FFCDI's report due to the Client hereunder. The Client agrees that if the Client directs FFCDI to specify any product or material prior to delivery of FFCDI's report, after FFCDI has informed the Client that such product or material may not be suitable or may embody characteristics that are suspected of causing or may cause the product or material to be considered a hazardous substance in the future, the Client waives and releases any and all claims as a result thereof against FFCDI and its officers, directors, shareholders, employees, agents, and consultants or subconsultants. In addition, the Client agrees, to the fullest extent permitted by taw, to indemnify and hold FFCDI and its officers, directors, shareholders, employees, agents, and consultants or subconsultants harmless from any and all claims, damage, liabilities, losses, and costs (including reasonable attorneys' fees and defense costs) arising from or in any way related to the specification or use of products or materials which, at any future date, may become known or suspected health or safety hazards, whether unknown to FFCDI during the term of this Agreement or of which FFCDI has warned the Client, excepting only those damages, liabilities or costs attributable to the sole negligence or willful misconduct of FFCDL OPINIONS OF PROBABLE CONSTRUCTION COST. In providing opinions of probable cost, the Client understands that the FFCDI has no control over the cost or availability of labor, equipment or materials, or over market conditions of the involved contractor's method of pricing, and that FFCDI's opinions of probable construction costs are made on the basis of FFCDI's professional judgment and experience. FFCDI makes no warranty, express or implied, that the bids or the negotiated cost of any work will not vary from the Consultant's opinion of probable construction cost. Acceptance Thank you for taking the time to discuss this project with me and to review this proposal. FFCDFs work will begin on this project promptly upon your acceptance of this proposal and when the information required by this proposal is available to FFCDL This proposal is valid for sixty (60) days from the date of this proposal and may be withdrawn or revised any time after that expiration date. If you have any questions, comments or suggestions please feel free to contact us at once. To accept this proposal, please sign where indicated below and return (or fax) a copy of this entire agreement to us. Authorization to Proceed I agree to the terms in the above proposal and grant authorization to proceed in accordance with these terns. FUTRELL FIRE CONSULT & DESIGN, INC. Approved by: CITY OF COTTAGE GROVE, MN Approved by: Scott A. Futrell President Date: (signature / date) (print time / title) Date: May 4, 2010 City of Cottage Grove Plan Review services Proposal Page 8 of 13 a X c il Fire Protection Consultation Services Fee Schedule and Policies ■ Fire Protection Engineering Services: • Fire Protection Engineer $105.00 per hour • Senior Engineering Technician $95.00 per hour Included in this service is consultation with the client for review of Engineering Reports, variances, equivalencies, performance-based designs, plan review assistance, etc., submitted to the client, meetings with the client (and others) to discuss the "code" requirements for specific current, future or existing projects, and any other assistance that is not considered plan review or inspection. Expenses are not included in the hourly fee. All travel and equipment expenses are in addition to the hourly rates and are billed at cost. Fire Sprinkler System Plan Review (Shop Drawings): 11 Fire Sprinkler Plan Review - First Plan: S380.0011 Included is the review of one (1) sprinkler drawing (minimum scale '/ "= P -0 "), one (1) hydraulic calculation analysis, one product submittal, and the report. If the plans are returned as rejected, or revise and resubmit, the plan review fee for the second or subsequent reviews is NOT included in the initial $380.00. Each subsequent review is $190.00 per plan /drawing. Maximum sheet size is 30" x 42 ". Projects with 20 sprinklers or less: The review fee is $105.00 per hour with $105.00 minimum for every submittal. Each Additional Plan for the Same Project: Add $190.00 Each Drawing Included is the review of one (1) additional plan, on the same project, the additional hydraulic calculation analysis, and the report. If the plans are returned as rejected, or revise and resubmit, the plan review fee for the second, or subsequent reviews is NOT included in the initial $190.00. Each subsequent review is $190.00 per drawing. These plan review fees do not recognize a site plan, submitted by itself with the sprinkler plans, as a review drawing. There is no charge for this drawing unless a hydraulic analysis of the site is requested by the Fire Department. As an example, if there were three drawings the fees for the initial plan review and report would be $760.00. Subsequent reviews of revised drawings for the same project would be $570.00 for each review, based on the three drawings. However, excluded in the Plan Review Fee is the review of engineering reports or bid documents for the fire protection system design. May 4, 2010 City of Cottage Grove Plan Review Services Proposal Page 9 of 13 O ■ Fire Suppression System Plan Review (Shop Drawings): Fire Suppression Plan Review - First Plan: $420.00 Included is the review of one (1) suppression system drawing (minimum scale ' / "= P -0 "), one (1.) calculation analysis, one product submittal, and the report. If the plans are returned as rejected, or revise and resubmit, the plan review fee for the second or subsequent reviews is NOT included in the initial $420.00. Each subsequent review is $210.00 per plan /drawing. Maximum sheet size is 30" x 42". Each Additional Plan for the Same Project: Add $210.00 Each Drawing Included is the review of one (I) additional plan, on the same project, the additional calculation analysis, and the report. If the plans are returned as rejected, or revise and resubmit, the plan review fee for the second or subsequent reviews is NOT included in the initial $210.00. Each subsequent review is $210.00 per drawing. These plan review fees do not recognize a site plan, submitted by itself with the suppression system plans, as a review drawing. As an example, if there were three drawings the fees for the initial plan review and report would be $840.00. Subsequent reviews of revised drawings for the same project would be $630.00 for each review, based on the three drawings. However, excluded in the Plan Review Fee is the review of engineering reports or bid documents for the fire protection system design. ■ Fire Alarm System Plan Review (Shop Drawings): Fire Alarm Plan Review - First Plan: $420.00 Included is the review of one (1) drawing (minimum scale' / "= P -0 "), one (1.) battery calculation analysis, one product submittal, and the report. If the plans are returned as rejected, or revise and resubmit, the plan review fee for the second or subsequent reviews is NOT included in the initial $420.00. Each subsequent review is $210.00 per plan /drawing. Maximum sheet size is 30" x 42 ". Each Additional Plan for the Same Project: Add $210.00 Each Drawing Included is the review of one (1) additional plan, on the same project, the additional calculation analysis, and the report. If the plans are returned as rejected, or revise and resubmit, the plan review fee for the second or subsequent reviews is NOT included in the initial $210.00. Each subsequent review is $210.00 per drawing. As an example, if there were three drawings the fees for the initial plan review and report would be $840.00. Subsequent reviews of revised drawings for the same project would be $630.00 for each review, based on the three drawings. However, excluded in the Plan Review Fee is the review of engineering reports or bid documents for the fire alarm system design. May 4, 2010 City of Cottage Grove Plan Review services Proposal Page 10 of 13 O ■ Field Inspection Services: • Travel, inspections, and observation of testing of Fire Sprinkler Systems (hourly rates above) • Travel, inspections, and observation of testing of Fire Alarm Systems (hourly rates above) • Travel, inspections, and observation of testing of Special Hazard (Suppression) Systems $145.00 per hour Expenses are not included in the hourly fee. All travel and equipment expenses are in addition to the hourly rates and are billed at cost. Note: There is a four -hour minimum required for inspection services. Expenses: Direct expenses can include, but are not limited to: all travel expenses, mailing, courier, shipping (except First Class letters), long distance telephone charges, reproduction costs, purchased services, photographs — including digital, videos, or any special equipment or materials required for the project. The expenses enumerated above would be submitted at cost and reimbursed at same. Reproduction and plotting fees are available on request. Submittal Requirements: All submittals must have a transmittal with the following information: • Project name and address • Contractor company name, contact, address, phone and fax numbers • Authority Having Jurisdiction (AHJ) • Three (3) complete sets of plans, calculations and product information. [One set for client, one set to return to the contractor (submitter) and one set retained by FFCDL] Sprinkler system submittals shall include the following: • NFPA 13, Chapter 14 (2002 edition) requirements. • A floor plan • Water supply per NFPA 13 including location of flow test hydrants and size and length of underground supply • Ceiling plan, obstructions, and equipment • Joist locations and sizes • Sprinkler locations • Pipe locations and sizes • All hazard and commodity classification information, material and Hazardous Material Information Sheets • Detailed Sprinkler System Design Criteria • Occupancy of all rooms /areas • Hydraulic calculations • Sprinkler types • Manufacture equipment data sheets — for ALL equipment May 4, 2010 City of Cottage Grove Plan Review Services Proposal Page 1 t of 13 p Full height building cut sections Scale of 1/8 " =1' -0" minimum. (Anything smaller, i.e., 1/16 "= 1' -0 ", will not be reviewed.) Maximum 30" x 42" sheets Special hazard system submittals shall include the following: • Applicable NFPA Standard requirements • Applicable floor and ceiling plans indicating all appliances, components, and equipment • Water supply information if applicable, including location of flow test hydrants and size and length of underground supply • Ceiling plan, obstructions, and equipment • Nozzle locations • Pipe locations and sizes • Design criteria • Occupancy of all rooms /areas • Applicable calculations • Nozzle types • Manufacture equipment data sheets — for ALL equipment • Full height building cut sections • Scale of 1/8 " =1' -0" minimum. (Anything smaller, i.e., 1/16 "= 1' -0 ", will not be reviewed.) • Maximum 30" x 42" sheets Fire alarm submittal shall include the following: • Applicable floor and ceiling plans indicating all appliances, components, and equipment • Location of alarm- initiating and notification appliances • Alarm control and trouble signaling equipment • Annunciation • Power connection • Battery calculations • Conductor type and sizes • Voltage drop calculations • Manufacturers, model munbers, and listing information for equipment, devices and materials — for ALL equipment • Details of ceiling height and construction • The interface of fire safety control functions • Sequence of Operations matrix for ALL equipment May 4, 2010 City of Cottage Grove Plan Review Services Proposal Page 12 of 13 Terms and Conditions Turnaround Time: I. Ten (10)- business day turnaround. 2. Five (5)- business day turnaround with a 50% surcharge. 3. Two (2) business day turnaround with a 150% surcharge. Resubmittal Expedite: Four - business day turnaround with a 50% surcharge of additional review fee. Note: Accelerated Plan Review requests must be received prior to 10:00 am Monday through Friday. FFCDI reserves the right to refuse any accelerated plan review. Note: All plan reviews will be shipped via overnight service or US. Mail service. Shippingfees will be in addition to plan review fees. Terms and Conditions of Exhibit "A ": 1. FFCDI requires that all submittals are routed from the submitter to the Client. The Client then forwards the submittal to FFCDI for review and comment. FFCDI will review and comment with recommendations to the Client concerning our opinion of the level of compliance of the submittal to the MSFC or applicable code or standard. The comments will be indicated on the submittal with two copies returned to the Client for their use and for them to forward to the original submitter. The Client will make the final determination on each submittal regarding acceptance, revise and resubmit, or reject and resubmit. 2. FFCDI will retain one set of plans, hydraulic calculations and product submittals for their records. 3. Partial submittals are not accepted, except for "site plan only" reviews. The above rates will apply until December 31, 2010, at which time an increase may occur. May 4, 2010 City of Cottage Grove Plan Review Services Proposal Page 13 of 13