HomeMy WebLinkAboutContract 1566 •
J
B R p U N s
RECEIVED Braun Intertec Corporation
P.O. Washington Avenue South C A
N T E RT E C P.O. Box 39108
Minneapolis, Minnesota 55439 -0108
JUL 12 200® 612- 941 -5600 Fax: 941 -4151
Engineers and Scientists Serving
PUBLIC WORKS the Built and Natural Environments®
July 7, 2000 Proposal BADX- 00 -P0329
Ms. Kathy Young
Assistant City Engineer
City of Columbia Heights
637 38th Avenue N.E.
Columbia Heights, MN 55421 -3878
Dear Ms. Young:
Re: Proposed Scope of Services for Deflection Testing
Thank you for your interest in Braun Intertec services. We are pleased to provide you with the
enclosed Scope of Services for evaluation of streets within the City of Columbia Heights, which
includes the following:
• Proposed Scope of Services
• Data Analysis Form
• General Conditions
Please complete the Data Analysis form, sign the Proposed Scope of Services, and return both to us.
Additionally, when returning this information, please indicate any preferred testing dates or
completion deadlines.
We appreciate the opportunity to be of service to you and the City of Columbia Heights. If you have
any questions or concerns about the enclosed information or any of our other services, please do not
hesitate to call me at (612) 942 -3041.
Sincerely,
Braun Intertec Corpora,: e
400 "
Erland Lukanen, P.E.
Director of Pavement Technologies
Enclosures
City of Columbia Heights
Proposal BADX- 00 -P0329
July 7, 2000
Page 2
Braun Intertec proposes to provide the City Columbia Heights with the following:
1. Nondestructive deflection testing will be conducted at 200 -foot intervals in both travel
directions on the roads selected by the City of Columbia Heights. The testing will be
staggered yielding a 100 -foot interval.
2. Analysis of all data to determine recommended spring axle load limits, effective
subgrade soil strength and recommended overlay thickness or improvement design
thickness.
3. Two copies of the report will be furnished to the City of Columbia Heights. The report
will include:
• Description of the work performed
• Table summarizing information reported by City
• Table summarizing results of the testing
• Analysis and recommendations as requested
• Copies of the field data with analysis results
• Profile plots of the analysis results.
Items to be provided by the City of Columbia Heights on the attached Data Analysis Form:
1. Sections to test including beginning and ending termini, and a map highlighting the
sections.
2. Pavement structure (as built) and subgrade soil type.
3. Traffic volumes including any information on the truck traffic.
4. Date of surfacing or last overlay.
5. Current spring axle load restrictions.
The proposed basis for the work described in the Scope of Services will be on a per -mile basis. The
rate for this work is $1,050 per mile plus mobilization at $163 per hour.
Please sign and return this agreement to Braun Intertec Corporation. Receipt of the letter will serve
as our authorization to proceed. Invoices shall be submitted on a monthly basis with payment due
within 30 days of invoice date as noted on the enclosed General Conditions.
Authorized by: Accepted by:
Braun Intertec Cor I oration City of Columbia Heights
/ ' '/ By: w 11
Erland Lukanen, P.E.
Senior Principal Date: — QU _
ep- eng\sys \pro00 \p0329 By: �/ J ,
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Date: 7:/ __
B R A V 5M General Conditions
INTERTEC _
Our agreement with you consists of these Section 2: Your Responsibilities 2.5 Neither this agreement nor the
General Conditions and the accompanying 2.1 You will provide access to the site. We providing of services will operate to make
written proposal or authorization. will use reasonable care to minimize us an owner, operator, generator, trans -
damage to the site. In the course of our porter, treater, storer, or a disposal facility
Section 1: Our Responsibilities work some site damage is normal even within the meaning of the Resource
1.1 We will provide the professional when due care is exercised. We have not Conservation Recovery Act, as amended,
services described in our written agree- included the cost of restoration of normal or within the meaning of any other law
ment with you. We will provide you with damage in the estimated charges. At your governing the handling, treatment, storage,
written reports containing professional option and expense, we will correct or disposal of hazardous materials. You
opinions and recommendations. In normal damage. We agree to be respon- agree to hold us harmless and indemnify
performing our services, we will use that sible for damage that is caused by our us from any such claim or loss.
degree of care and skill ordinarily negligence.
exercised under similar circumstances by 2.6 Drilling, well installation, and
reputable members of our profession 2.2 You agree to provide us, in a timely remediation services may involve risk of
practicing in the same locality. manner, with the information that you cross- contamination of previously
have regarding buried objects located at uncontaminated air, soil, and water. If you
1.2 Our work will be conducted using the site. Until we have completed our field are requesting that we provide services
appropriate procedures and protocols. If work, you agree to provide us with all that include this risk, you agree to hold us
you direct us to deviate from our recom- your plans, changes in plans, and new harmless and indemnify us from cross-
mended procedures, you agree to hold us information that refer to site conditions. contamination claims and damages, unless
harmless from all claims, damages, and You agree to hold us harmless from all the loss is caused by our negligence.
expenses arising out of your direction. claims, damages, losses, and related
expenses involving buried objects of 2.7 You agree to make disclosures
1.3 There is an inherent risk that samples which you had knowledge but did not required by law. In the event you do not
or observations may not be representative timely call to our attention or correctly own the site, you acknowledge that it is
of things not sampled or seen and, further, show on the plans furnished to us. your duty to inform the owner of the
that conditions may change over time. We discovery or release of contaminants at the
will reference our field observations and 2.3 You will be responsible for the site. You agree to hold us harmless and
sampling to available reference points. We cooperation of your employees and your indemnify us from all claims related to
will not survey, set, or check the accuracy contractors in observing all radiation disclosures made by us that are required
of those points unless we accept that duty safety standards after we notify you that by law and from all claims related to the
in informing or failure to inform the site
n writin
g• radiographic or gamma ray equipment or owner of the discovery of contaminants.
other nuclear testing or measuring devices
1.4 Our duties do not include supervising are to be employed by us.
your contractors or commenting on, Section 3: Reports and Records
overseeing, or providing the means and 2.4 You will notify us of any knowledge 3.1 We will furnish reports to you in
methods of their work, unless we accept or suspicion of the presence of hazardous duplicate. We will retain analytical data for
those duties in writing. We will not be materials in samples provided to us. You seven years and financial data for three
responsible for the failure of your will provide us with information in your years relating to the services performed.
contractors to perform in accordance with possession or control relating to contami-
their undertakings, and the providing of nation at the site. If we observe or suspect 3.2 All samples remaining after tests are
our services will not relieve others of their the presence of contaminants not conducted and field and laboratory
responsibilities to you or to others. anticipated in our agreement, we may equipment that cannot be adequately
terminate our work without liability to you cleansed of contaminants are your
1.5 We will provide a health and safety or others, and we will be paid for the property. They will be discarded or
program for our employees, but we will services we have provided. returned to you, at our discretion, unless
not be responsible for contractor, job, or within 15 days of the report date you give
site health or safety unless we accept that
duty in writing.
written direction to store or transfer the Section 5: Disputes, 5.6 If we are involved in legal action to
materials, at your expense. Damage and Risk Allocation collect our compensation, you agree to pay
5.1 Disputes will be submitted to our collection expenses, including
3.3 Our reports, notes, calculations, and Alternative Dispute Resolution (ADR) as a reasonable attorney fees. If you make a
other documents are instruments of our condition precedent to litigation. Each of claim against us that is resolved in our
service to you. Our reports are for your us will exercise good faith efforts to favor, you will reimburse our costs of
use only for the purposes disclosed to us. resolve disputes through a mutually defense, including but not limited to
You may not transfer our reports to others acceptable ADR procedure. Collections reasonable attorney and expert witness
or use them for a purpose for which they will not be submitted to ADR. All disputes fees.
were not prepared without our written will be governed by the law of the state in
approval, which will not be unreasonably which our servicing office is located. Section 6: General Indemnification
withheld. At your request, we will provide 6.1 We will indemnify and hold you
endorsements of our reports or letters of 5.2 We will not be liable for special, harmless from and against demands,
reliance, but only if the recipients agree to incidental, consequential, or punitive damages, and expenses caused by our
be bound by the terms of our agreement damages, including but not limited to negligent acts and omissions, and breach
and only if we are paid the administrative those arising from delay, loss of use, loss of contract and those acts, omissions, and
fee stated in our then current Schedule of of profits or revenue, loss of financing breaches of persons for whom we are
Charges. commitments or fees, or the cost of legally responsible. You will indemnify
capital. and hold us harmless from and against
3.4 If you do not pay for our services as demands, damages, and expenses caused
agreed, we may retain all reports and work 5.3 We will not be liable for damages by your negligent acts and omissions, and
not yet delivered to you and all reports and unless suit is commenced within two years breach of contract and those acts,
other work in your possession must be of the date of injury or loss or within two omissions, and breaches of persons for
returned to us. Reports and other work years of the date of the completion of our whom you are legally responsible.
may not be used by you for any purpose services, whichever is earlier. We will not
whatsoever until they are paid for in full. be liable unless you have notified us of the 6.2 To the extent that may be necessary to
discovery of the claimed breach of indemnify either of us under Section 6.1,
Section 4: Compensation contract, negligent act, or omission within you and we expressly waive, in favor of
4.1 You will pay for services as agreed 30 days of the date of discovery and unless the other only, any immunity or exemption
upon or according to our then current you have given us an opportunity to from liability that exists under any worker
Schedule of Charges if there is no other investigate and to recommend ways of compensation law.
written agreement as to price. An mitigating damages.
estimated cost is not a firm figure unless Section 7: Miscellaneous Provisions
stated as such. 5.4 For you to obtain the benefit of a fee 7.1 We will provide a certificate of
which includes a reasonable allowance for insurance to you upon request.
4.2 You will notify us of billing disputes risks, you agree that our aggregate liability
within 15 days. You will pay all undis- will not exceed the fee paid for our 7.2 This agreement is our entire agree -
puted portions of invoices on receipt. You services or $50,000, whichever is greater, ment, and it supersedes all prior agree-
• agree to pay interest on unpaid balances and you agree to indemnify us from all ments. It may be modified only in writing "
beginning 30 days after invoice dates at liability to others in excess of that amount. making specific reference to the provision
the rate of 1.5% per month, but not to If you are unwilling to accept this modified.
exceed the maximum rate allowed by law. allocation of risk, we will increase our
aggregate liability to $100,000 provided 7.3 Neither of us will assign this
4.3 If you direct us to invoice another, we that, within 10 days of the date of this agreement without the written approval of
will do so, but you agree to be responsible agreement, you provide payment in an the other, but we may subcontract work as
for our compensation unless you provide amount which will increase our fees by we deem necessary.
us with that person's written acceptance of 10 %, but not less than $500, to compen-
all terms of our agreement and we extend sate us for the greater risk undertaken. 7.4 This agreement may be terminated by
credit. This increased fee is not the purchase of a writing. We will receive an equitable
insurance. Your check should be forwarded adjustment of our compensation.
4.4 You agree to compensate us for our to the Law Department at P.O. Box 39108,
reasonable fees and expenses if we are Minneapolis, MN 55439 -0108, and refer 7.5 It is customary for the consultant that
required to respond to legal process arising to our proposal or project number. provides design recommendations to be
out of a proceeding as to which we are not retained to provide observation and related
a party. 5.5 If you fail to pay us within 60 days services during construction or remedia-
following invoice date, we may consider tion work. If we are not retained to provide
4.5 If we are delayed by factors beyond the default a total breach of our agreement continuing services, you agree to hold us
our control, or if project conditions or the and, at our option, terminate all of our harmless from all claims, losses, and
scope or amount of work change, or if the duties without liability to you or to others. expenses arising out of any interpretations,
standards or methods change, we will give clarifications, substitutions, or modifica-
you timely notice and we will receive an tions of our work provided by you or
equitable adjustment of our compensation. others.
Revised 2 -1 -96