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HomeMy WebLinkAboutContract 20895~ " zo FIFTY YEARS BRAUN INTERTEC April 2, 2008 Mr. Earl Doc Smith EDS Builders 404A Saint Croix Trail North Lakeland, Minnesota 55043 Re: Proposal for a Geotechnical Evaluation Proposed Public Safety Building Northwest of 415' Avenue NE and Central Avenue Columbia Heights, Minnesota Dear Mr. Smith: (2089 Braun Interfec Corporation Phone: 651.487.3245~~ 1826 Buerkle Road I Fax: 651.487.1812 Saint Paul, MN 551 10 Web: brauninterfec.com Proposal SP-08-01291 We respectfully submit our proposal to complete a geotechnical evaluation of proposed Public Safety Building in Columbia Heights, Minnesota. Our Understanding of Project Per your RFP, the project will include cone-to-two story Public Safety Building located in the Northwest quadrant of 41St Avenue NE and Central Avenue on the old NEI College of Technology campus. The project will also include utilities and pavement areas. Goals of Our Services The goals of our geotechnical evaluation per the RFP provided by EDS Builders, dated March 26, 2008: ^ characterize subsurface conditions within the proposed Public Safety Building, ^ provide recommendations for the preparation of the subgrades for support of foundations, slabs, pavements and utilities, ^ provide recommendations for paving thicknesses at concrete, light-duty bituminous, medium-duty bituminous and heavy-duty bituminous, ^ provide recommendations for slab thicknesses at interior offices, apparatus bay and parking garage, ^ provide recommendations for exterior stoops, ^ provide soil analysis to 15 feet within proposed settling pond. Proposed Scope of Services The following tasks are proposed to help us meet our project goals. If unfavorable or unforeseen conditions are encountered at any point during the completion of these tasks that lead us to recommend an expanded scope of services, we will contact you to discuss those conditions before resuming our work. Celebrating 50 years of growth through service and trust EDS Bu~~ders Proposal SP-08-01291 April 2, 2008 Page 2 Site Access, Staking and Utility Clearance We will stake prospective subsurface exploration locations by measuring dimensions from nearby buildings or utilities with a cloth tape at approximate right angles from those references. If exploration locations are critical to the development of earthwork or the plans and specifications, we request that you authorize us to use GPS (Global Positioning System) technology to perform the staking. Depending on access requirements, ground conditions or potential utility conflicts, our field crew may alter the exploration locations from those proposed to facilitate accessibility. Prior to drilling or excavating, we will contact Gopher State One Call and request they notify the appropriate utility vendors to mark and clear the exploration locations of public underground utilities. We request you or your authorized representative notify Braun Intertec immediately of the presence and location of any underground objects or private utilities that are not the responsibility of public agencies. Braun Intertec will take reasonable precautions to avoid underground objects. In authorizing this contract, you agree to waive any claims against Braun Intertec and will indemnify and hold Braun Intertec harmless for any claims or liability due to the injury or loss allegedly arising from our damaging of underground objects that were not called to our attention prior to the beginning of work. Penetration Test Borings We will drill thirteen standard penetration test borings for the proposed Public Safety Facility as shown on the attached drawing provided by EDS Builders. Boring will be drilled as listed below. • Six borings will be drilled within the proposed building, extending them to 25 feet. ^ Five boring will be drilled within proposed pavement areas, extending them to 10 feet. ^ One boring will be drill within the proposed settling pond, extending it to 15 feet. ^ One boring will be drilled within an underground holding tank excavation area associated with NEI College of Technology, extending it to a depth of 15 feet. Penetration tests will be performed at 2 1/2-foot vertical intervals to a depth of about 15 feet, and at 5-foot intervals at greater depths. If groundwater is encountered in the boreholes, the depth where it is observed will be recorded on the boring logs. If existing fill, organic materials or other structurally unfavorable soils have not been penetrated above the intended boring termination depths, we will extend the borings to obtain at least five feet of penetration into more competent materials at greater depths. The additional information will help us evaluate such issues as excavation depth, consolidation settlement, and foundation alternatives, among others. If deeper borings (or additional borings) are needed, we will contact you prior to increasing our total estimated drilled footage and submit a Change Order summarizing the anticipated additional effort, and the associated cost, for your review and authorization. ~~, ~~,1T~f{T~t` EDS Bu~~ders Proposal SP-08-01291 April 2, 2008 Page 3 Borehole Abandonment Minnesota Well Code requires us to seal any boring or core that encounters groundwater and is either greater than 25 feet deep, or penetrates a confining layer. We currently do not anticipate having to seal any of the soil boring locations. Sample Review and Laboratory Testing Samples will be returned to our laboratory where they will be visually classified and logged by a geotechnical engineer. To help classify the materials encountered and estimate their engineering properties, we have budgeted to perform eight moisture content tests, five mechanical analyses (through a #200 sieve only), and three Atterberg limits tests. Reporting Data obtained from the soil borings and laboratory tests will be used to evaluate the subsurface profile and groundwater conditions, perform engineering analyses related to structure design and performance, and prepare a report including: ^ A CAD sketch showing the project components and limits, as well as exploration locations. ^ Logs of the soil borings describing the materials encountered and presenting the results of our groundwater measurements and laboratory tests. • A summary of the subsurface profile and groundwater conditions. • Discussions identifying the site conditions that will impact structure design and performance, qualifying the nature of their impact, and outlining alternatives for mitigating their impact. ^ Discussions regarding the reuse of on-site materials during construction, and of the impact of groundwater on construction. ^ Recommendations for preparing structure subgrades, including excavation support if applicable, and the selection, placement and compaction of excavation backfill and other structural fill. ^ Recommendations for the design of foundations, slabs and pavements. One original report and one copy of our report will be submitted to you. At your request, however, additional copies can be prepared for other project team members. If you anticipate that additional copies will be needed, please request them prior to the report being completed and forwarded to you so that we can prepare a copy list for the recipients and broadcast the additional reports expediently. Additional Services If an all-terrain drill rig is needed for site access due to the discovery of unfavorable terrain or changed conditions, an additional charge of $ 44.00 per hour will apply. If borings need to be extended beyond their intended termination depths, we will charge an additional $ 12.00 per lineal foot beyond the originally intended termination depth or if additional borings are needed. Additional site mobilizations will be charged at $ 107.00 per day. ~~ I~~}~~:~~TE EDS Bu,~aers Proposal SP-08-01291 April 2, 2008 Page 4 Cost and Invoicing We will furnish the services described in this proposal for an estimated fee of $ 5,640. A tabulation showing our estimated hourly and/or unit rates associated with our proposed scope of services is also attached. We would be happy to meet with you and discuss our proposed scope of services further, clarifying the various scope components, or discussing how the scope may be adjusted to meet your project requirements. Our work may extend over several invoicing periods. As such, for work that is performed during the course of each invoicing period, we will submit partial progress invoices. All invoices, in accordance with the attached General Conditions, are payable on receipt. Schedule We anticipate that the field exploration can begin within approximately 2 weeks from authorization; the field exploration will take 2 days to complete. Sample classification and laboratory testing will likely take an additional week. We will pass along what results we have, however, as they are obtained and reviewed. We anticipate we can submit our report approximately 1 to 2 weeks after completion of the field exploration. If our proposed scope of services cannot be completed according to this schedule due to circumstances beyond our control, we may need to revise this proposal prior to completing the remaining tasks. General Remarks Braun Intertec appreciates the opportunity to present this Proposal to you. We are providing it in duplicate so the original can be retained for your records and the copy can be signed and returned to us. Please return the copy in its entirety. The proposed fee is based on the scope of services described and the assumptions that our services will be authorized within 30 days and that others will not significantly delay us beyond our proposed schedule. EDS bu,~.lers Proposal SP-08-01291 April 2, 2008 Page 5 We include the Braun Intertec General Conditions, which provide additional terms and are a part of our agreement. To have questions answered or schedule a time to meet and discuss our approach to this project further, please call Sarah Mattes at 651.487.7090. Sincerely, BRAUN INTJ'ERTEC~~C~ORPORATION Sa ah A. Mattes Staff En ineer Ji~~" Keith S. Rosvold, PE, PG Principal Attachments: Table 1. Estimated Costs General Conditions (6/15/06) The Proposal including the Braun Intertec General Conditions is accepted, and you are authorized to s Title Date Geoproposal ~~~~~~ (T~~ (~tTr^r- Authorizer's Name (please print or type) Braun Intertec Corporation Client: EDS Builders Project: Public Safety Building, Coltnnbia Heights, MN - L3rnrrrrlnlerle~• Proposal #: ?I?ratrn Intertec l'r ~ ,~ osa! A'o.: SP-O8-01291 Prepared:. ~ ~~7/2005' Service Description: Phase'Total Drilling 3,466.00 Soil Observations & Testing 562.00 Staking and Utility Clearance 202.50 Engineering Consulting Services 1,409.50 Estimated Project Total: 5,640.00 Estimated Costs Summary Page Providing engineering and environmental solutions since 1957 Braun Intertec Corporation Client: EDS Builders Project : Public Safety Building, Columbia Heights, MN Brdlm lnterlec Proposal No.. SP=08-01291 !'repared: 4//i2~OS Service Description: Qty: Units: Unit~Price: Extension: ; Drilling Soil borings, 3 1/4 or 4 1/4-inch HSA and sampling, per foot j 243.00 f Feet _ 12.00 j ___ 2,916.00 _ ._._.... --- --~--._. ._...... .........._ _........._. .._.._-.__. _..__.-..- ...__ _-- - .._.___...._ .-..._.__.... _ Mobilization ', 2.00 ~ Each -- a ..._. 275 00 ',, ... ..... ----~--- 550.00 Phase Total: $ 3,466.00 Soil Otiscrvations-8i Testing. Moisture content (Astm D 2216) 8A0 ' Tests 11.25 - 90.00_ _ Atterberg Limits: LL and PL (ASTM D 4318) _ 3.00 Tests ~ _ 74.00 ~ 222.00 No. 200 only (ASTM C 117 or D 1140) 5.00 ~ Tests 50.00 '?. 250.00 Phase Total: $ 562.00 '.Staking andUtility Clearance ~ ~ ~ ~ ~ ~~ Site layout and utility clearance ~ 2.50 ~ Hours : 71.00 ; 177.50 Trip charge 1.00 Trip 25.00 _ 25.00 Phase Total: $ 202.50 Engineering Consulting,Seryices . Staff Engineer ~ 11 00 Hours ; 88 00 , 968.00 . Senior Engineer 1.50 j Hours 125.00 187.50 _ _. Pro~ect Assistant ~ 4.00 Hours 48 00 ~ ..- --- - 192.00 ___ _.... _.. 1 Soil boring location sketch(not to scale) _. __ ~ 1.00 I _ .. Each ~ _ 62.00 ; _ _.._ __ 62.00 Phase Total: $ 1,409.50 Estimated Project Total: $ 5,640.00 Table 1: Estimated Costs Page 1 of 1 Providing engineering and environmental solutions since 1957 03/26/2008 15:28 FAX 9529952020 DOCUMENT CENTER ~ SP X4.003/008 03-26-08;03;19PM; ~ 3/ '~ «« ~~ .,,, ' , ~ 4~ ~!4. ~.. • I 1 ~ ~~ ~ •'~~,L+'~ K • ~. ~7m k3 9 ` i .i~..;~ .A. ' r .: ~~ :!~ ~ naww l- ~ wu ~ n at[ as ~ ' 7, i~. St Y•C `4'~~ ~ 't ea ~ { ' .a.. ~m .u . n .m.....r~ ' ~ ~ • ~ } .lJ~ t1 wiaiw ~ ~ t. • ' ' . "'" .- , ~t?:jR; ,~ i 4y ~ f+:~~, ~ . 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UST ~ Unc{erg~^aunci TQnk ; r. - .Excav -` ation Bou ndaries ~'~ "_ _:.~~!_ i ;.F U -_'~c. ~_- ~ ~~ -'.fir: s~ .,~ - 1 '~', .}:. ~:.=~.:. ~_ - NCI CoL_LEGE ^F ~EC~-I~C]~~~Y o so~ ~oo~ ~sa~; , : i -=ma , S ~ ' ~§F ~ ~ ~ 5 ~ ' S T E % E N U E_ i\~ A ~~ ; ~ .. y ~T-- ~ ~ . __: ` © e _ . ~~ -~--~7 _ Co~ur~~bia , . , ~Y11~ Hein~~~~s ! ., .~,, . ~ ~ _ ; "~ d m 00 Q v H , W y ,. ~ b i, . i3 ~ a, o _ \ ~ A General Conditions Our agreement ("Agreement") with you consists of these General Conditions and the accompanying written proposal or authorization. Section 1: Our Responsibilities 1.1 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 otltertivise agreed in writing, ow- 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. 1.2 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 hamnless from claims, damages, and expenses arising out of your direction. l.3 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. 1.4 Om• duties do not include supervising yow contractors or cotmnenting on, overseeing, or providing the menus and methods of their work, unless we accept such duties in writing. 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. 1.5 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 Chat duty iu writing. 1.6 You will provide, at no cost to us, appropriate site safety measures as to work areas to be observed or inspected by us. Ow' employees are authorized by you to rehtse to work under conditions that may be unsafe. 1.7 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 otu• professional judgment and are not guaranteed or warranted. Actttal costs may vary. You should allow a contingency in addition to estimated costs. Section 2: Your Responsibilities 2.1 You will provide us with prior geotechuical 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. 2.2 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. 2.3 You agree to provide us, in a timely mamter, 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 invoh~ing buried objects 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. 2.4 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 otu work without liability to you or to others, vtd we will be paid for the services we have provided. 2.5 Neither this Agreement nor the providing of services will operate to make us an owner, operator, generator, n-amsporter, 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, treahnent, storage, or disposal of hazardous materials. You agree to hold us hamnless and indemnify us from any such claim or loss. B RAJ N NTE RTEC 2.6 Ivfonitoring wells are your property, and you are responsible for their permitting, maintenance, and abandonment unless we accept that duty in writing. 2.7 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 hamtless and indemnify us froth claims related to disclosures made by us that are required by law and from claims related to the imfonning or failure to inform the site owner of the discovery of contaminants. Section 3: Reports and Records 3.1 We will fiunish reports to you in duplicate. We will retain analytical data for seven years and financial data for three years. 3.2 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 repot•Ys to others or use them for a purpose for which they were not prepared without our written approval, which will not be um-easonably withheld. You agree to iudetm~ify and hold us harmless from claims, damages, losses, and expenses, including attontey 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 terns of our agreement with you and only if we are paid the administrative fee stated in our then current Schedule of Charges. 3.3 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. In case of any difference or ambiguit)~ beriveen an electronic and a paper document, the paper document shall govert. 3.4 If you do not pay for our services in fidl as agreed, we may retain work not yet delivered to you and you agree to retort to us all of our work that is in your possession or under your control. You agree not to use or rely upon our work for any purpose whatsoever until it is paid for in full. Page 1 of 2 Providing engineering and environmental solzrtions sitace 1957 ,, 3.5 Samples remaining after tests are conducted and field and laboratory equipment that camiot be adequately cleansed of contanunants are and continue to be your property. They will 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 4: Compensation 4.1 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 pa}nnent of our compensation. Our performance is subject to credit approval and payment of any specified retainer. Section 5: Disputes, Damage, and Risk Allocation 5.1 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 subn>itted to mediation. 5.2 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 connlvtments or fees, or the cost of capital. Section 6: General Indem--ification 6.1 We will indemnify and hold you harmless from and against demands, damages, and expenses 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 indenmify and hold us harmless from and against demands, damages, and expenses 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. 6.2 To the extent it may be necessary to indemnify either of us under Section 6.1, you and we expressly waive, in favor of the other only, any nnmunity or exemption from liability that exists under any worker compensation law. 4.2 You will notify us of billing disputes within 15 days. You will pay undisputed portions of hlvoices 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. 4.3 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 terns of our Agreement and we agree to extend credit to that person and to release you. 4.4 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. 4.5 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 tmion 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. 4.6 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 om- duties without liability to you or to others. 4.7 In consideration of our providing insurance to cover claims made by you, you hereby waive any right of offset as to fees otherwise due us. 5.3 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 the 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 conri-act, 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. 5.4 For you to obtain the benefit of a fee which includes a reasonable allowance for risks, you agree that our aggregate liability will not exceed the fee paid for our services or $50,000, whichever is greater, and you agree to indemnify us from all liability to others in excess of that amoturt. 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 tmdertaken. This increased fee is not the pw•chase of insurance. 5.5 If you do not pay us within 60 days of invoice date, or if you make a claim against us that is resolved in our favor, you agree to reimburse our expenses, including but not limited to attorney fees, staff time, expert witness fees, and other costs of collection or litigation. 5.6 The law of the state in which our servicing office is located will govern all disputes. Each of us waives n-ial by jury. No employee acting within the scope of employment shall have individual liability for his or her acts or omissions, and you agree not make a claim against individual employees. 6.3 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 7: Miscellaneous Provisions 7.1 We will provide a certificate of insurance to you upon request. Any claim as an Additional Insured shall be limited to losses caused by om- sole negligence. 7.2 This Agreement is our entire agreement. It supersedes prior agreements. It may be modified only in a writing, making specific reference to the provision modified. 7.3 Neither of us will assign or 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. 7.4 Our Agreement may be terminated early only iu writing. We will receive an equitable adjusrinent of our compensation in the event of early termination. Revised 6-15-06 Page 2 of 2 GC