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HomeMy WebLinkAboutContract No. 2013 2542 BRAUN Braun Intertee Corporation Phone:952.995.2000 INTERTEC tiooi Hampshire Ave S Fax: 952.995.2020 Minneapolis,MN 55438 Web:braunintertee.com November 22, 2013 Project: BL-13-07707 Mr. Kevin Hansen City of Columbia Heights 590 401h Avenue Northeast Columbia Heights, Minnesota 55421 Re: Stockpile Soil Sampling Former Mady's Bowling Alley 3927 Central Avenue Northeast Columbia Heights, Minnesota 55421 Dear Mr. Hansen; Per your request, Braun Intertec is pleased to present this proposal to conduct soil sampling of a soil stockpile on the referenced site. The objectives of the sampling are to evaluate the stockpile for indications of contaminants or debris and to collect and analyze soil samples for characterization purposes. Background We understand that approximately 4,000 cubic yards of fill soils have been imported to the site located at 3927 Central Avenue NE, Columbia Heights, Minnesota. The fill was imported from an unknown source and was to be used for redevelopment of the site. Scope of Work At your request Braun Intertec will perform stockpile soil sampling for characterization in accordance with the Minnesota Pollution Control Agency Guidance Documents Best Management Practices for the Off-Site Reuse of Unregulated Fill Dated February 2012, and MPCA guidance document Soil Sample Collection and Analysis Procedures Guidance Document 4-04 dated September 2008. A Braun Intertec environmental technician will inspect the stockpile of imported fill soils for field odors and indications of impacts including debris; potential asbestos containing material, and will screen the soils for the presence organic compounds using a photo ionization detector equipped with a 10.6 eV bulb. Braun Intertec will collect four samples of the stockpile and submit them to the Braun Intertec analytical laboratory for chemical analysis. The stockpile will be divided into four approximately equal sections; one soil sample will be collected from each of the stockpile sections. The Braun Intertec field technician will use a clean stainless steel shovel and/or a hand auger to dig into the stockpile at random depths from the surface to up to 3 feet deep across each stockpile section. A discrete soil sample will be collected from the center of each of the stockpile sections for Diesel Range Organics(DRO),Volatile Organic Compounds(VOCs) and Gasoline Range Organics(GRO). Composite samples will be collected from each of the stockpile sections for RCRA metals and PAHs analysis. The composite sample will be A A/tIOE, L'rovidinq enyineeriny anti envirollyncittnl Solutions since�g,:> City of Columbia Heights Proposal BL-13-07701 November 22, 2013 Page 2 created by collecting 15 samples from randomly selected locations within each stockpile section. The samples will be placed in a clean container, mix thoroughly, and a single subsample will be collected into a laboratory supplied container appropriate for the analysis. Chemical Analyses The soil samples from the soil stockpile will be submitted for the following laboratory analyses (MPCA recommended analytes): ■ Volatile organic compounds(VOCs) using EPA Method 8260 ■ Polycyclic aromatic hydrocarbons(PAHs) using EPA Method 8270 ■ Diesel Range organics(DRO) using the Wisconsin Department of Natural Resources(WDNR) Method ■ Gasoline Range Organics(GRO) using the WDNR Method ■ 8 RCRA metals using EPA 6000 and 7000 series methods Reporting Braun Intertec will provide a laboratory analytical report of the soil analytical results to the City. A formal written report of our services will not be included in the proposal. Scheduling We can mobilize to the site to collect the samples immediately;the analytical results will be_on a standard turn around time of approximately 7 business days. Cost Estimation The estimated cost breakdown by activity is listed below: Service Description Cost Estimate Field Sampling (includes equipment and materials) $500 Analytical Charges(4 samples for VOCs, DRO, GRO, $1,900 RCRA metals, and PAHs) Total $2,400 Total This Proposal $2,400.00 General Remarks The proposed fee is based on the scope of services described and the assumption that our services will be authorized within 30 days and that others will not delay us beyond our proposed schedule. BRAUN INTERTEC City of Columbia Heights Proposal BL-13-07701 November 22, 2013 Page 3 We include the Braun Intertec General Conditions, which provide additional terms and are a part of our agreement. Acceptance of Proposal Braun Intertec appreciates the opportunity to present this proposal to you. It is being sent in an electronic version only. A hard copy of the proposal will be supplied upon request. Please return a signed copy in its entirety. We will begin the project upon receipt of your authorization. In performing its services, Braun Intertec will use that degree of care and skill ordinarily exercised under similar circumstances by reputable members of its profession practicing in the same location. No other warranty is made or intended. We appreciate the opportunity to provide our professional services to you for this project. If you have questions concerning the contents of this proposal, please call Mark Keefer at 952.995.2493. Sincerely, BRAUN INTERTEC CORPORATION Mark D. Keefer, PG C is F.Thompson, PE Project Geologist rincipal Attachments: General Conditions Authorization to Proceed: Please proceed according to the described scope of services: A orizer' irm Authorizer's a e(leas r' t o type) Au horizer s Sig t re f` C � Auth ize Title \1 I2 � s� � , Date Proposal—CH BRAUN INTERTEC General Conditions BRAUN INTERTEC Our agreement("Agreement')with you consists employees are authorized by you to refuse to of these General Conditions and the work under conditions that may be unsafe, 2,6 Monitoring wells are your property, accompanying written proposal or authorization, and you are responsible for their permitting, 1.7 Estimates of our fees or other project maintenance,and abandonment unless we accept Section 1: Our Responsibilities costs will be based on information available to us that duty in writing. and on our experience and knowledge.Such 1.1 We will provide the services estimates are an exercise of our professional 2,7 You agree to make disclosures specifically described in our Agreement with judgment and are not guaranteed or warranted, required by law.In the event you do not own the you.You agree that we are not responsible for Actual costs may vary.You should allow a site,you acknowledge that it is your duty to services that are not fairly included in our contingency in addition to estimated costs. inform the owner of the discovery or release of specific undertaking.Unless otherwise agreed in contaminants at the site.You agree to hold us writing,our findings,opinions,and Section 2: Your Responsibilities harmless and indemnify us from claims related recommendations will be provided to you in to disclosures made by us that are required by writing.You agree not to rely on oral findings, 2.1 You will provide us with prior law and from claims related to the informing or opinions,or recommendations without our geotechnical and other reports,specifications, failure to inform the site owner of the discovery written approval. plans,and information to which you have access of contaminants. about the site.You agree to provide us with all 1.2 In performing our professional plans,changes in plans,and new information as Section 3: Reports and Records services,we will use that degree of care and skill to site conditions until we have completed our ordinarily exercised under similar circumstances work. 3.1 We will furnish reports to you in by reputable members of our profession duplicate.We will retain analytical data for practicing in the same locality.If you direct us to 2.2 You will provide access to the site.In seven years and financial data for three years. deviate from our recommended procedures,you the course of our work some site damage is agree to hold us harmless from claims,damages, normal even when due care is exercised.We will 3.2 Our reports,notes,calculations,and and expenses arising out of your direction, use reasonable care to minimize damage to the other documents and our computer software and site.We have not included the cost of restoration data are instruments of our service to you,and 1.3 We will reference our field of normal damage in the estimated charges. they remain our property but are subject to a observations and sampling to available reference license to you for your use in the related project points,but we will not survey,set,or check the 2.3 You agree to provide us,in a timely for the purposes disclosed to us.You may not accuracy of those points unless we accept that manner,with information that you have regarding transfer our reports to others or use them for a duty in writing.Locations of field observations or buried objects at the site.We will not be purpose for which they were not prepared sampling described in our report or shown on our responsible for locating buried objects at the site without our written approval,which will not be sketches are based on information provided by unless we accept that duty in writing.You agree unreasonably withheld.You agree to indemnify others or estimates made by our personnel.You to hold us harmless from claims,damages,losses, and hold us harmless from claims,damages, agree that such dimensions,depths,or elevations and related expenses involving buried objects of losses,and expenses,including attorney fees, are approximations unless specifically stated which you had knowledge but did not timely call arising out of such a transfer or use.At your otherwise in the report.You accept the inherent to our attention or correctly show on the plans request,we will provide endorsements of our risk that samples or observations may not be you or others on your behalf fumisbed to us. reports or letters of reliance,but only if the representative of things not sampled or seen and, recipients agree to be bound by the terms of our further,that site conditions may change over 2,4 You will notify us of any knowledge or agreement with you and only if we are paid the time. suspicion of the presence of hazardous or administrative fee stated in our then current dangerous materials in a sample provided to us. Schedule of Charges. 1.4 Our duties do not include supervising You agree to provide us with information in your your contractors or commenting on,overseeing, possession or control relating to contamination at 3.3 Because electronic documents may be or providing the means and methods of their the work site.If we observe or suspect the modified intentionally or inadvertently,you work,unless we accept such duties in writing.We presence of contaminants not anticipated in our agree that we will not be liable for damages will not be responsible for the failure of your Agreement,we may terminate our work without resulting from change in an electronic document contractors to perform in accordance with their liability to you or to others,and we will be paid occurring after we transmit it to you.In case of undertakings,and the providing of our services for the services we have provided. any difference or ambiguity between an will not relieve others of their responsibilities to electronic and a paper document,the paper you or to others. 2.5 Neither this Agreement nor the document shall govern. providing of services will operate to make us an 1.5 We will provide a health and safety owner,operator,generator,transporter,treater, 3,4 If you do not pay for our services in program for our employees,but we will not be storey,or a disposal facility within the meaning full as agreed,we may retain work not yet responsible for contractor,job,or site health or of the Resource Conservation Recovery Act,as delivered to you and you agree to return to us all safety unless we accept that duty in writing. amended,or within the meaning of any other law of our work that is in your possession or under governing the handling,treatment,storage,or your control.You agree not to use or rely upon 1.6 You will provide,at no cost to us, disposal of hazardous materials.You agree to our work for any purpose whatsoever until it is appropriate site safety measures as to work areas hold us harmless and indemnify us from any paid for in full. to be observed or inspected by us.Our such claim or loss. Page 1 of 2 0 Providing engineering and environmental solutions since 1957 3.5 Samples remaining after tests are Section 5: Disputes,Damage,and Section 6: General Indemnification conducted and field and laboratory equipment Risk Allocation that cannot be adequately cleansed of 6.1 We will indemnify and hold you contaminants are and continue to be your 5.1 Each of us will exercise good faith harmless from and against demands,damages, property.They will be discarded or returned to efforts to resolve disputes without litigation, and expenses to the comparative extent they are you,at our discretion,unless within 15 days of Such efforts will include,but not be limited to,a caused by our negligent acts or omissions or the report date you give us written direction to meeting(s)attended by each party's those negligent acts or omissions of persons for store or transfer the materials at your expense. representative(s)empowered to resolve the whom we are legally responsible.You will dispute.Before either of us commences an action indemnify and hold us harmless from and Section 4:Compensation against the other,disputes(except collections) against demands,damages,and expenses to the will be submitted to mediation. comparative extent they are caused by your 4.1 You will pay for services as agreed negligent acts or omissions or those negligent upon or according to our then current Schedule of 5.2 Neither of us will be liable for special, acts or omissions of persons for whom you are Charges if there is no other written agreement as incidental,consequential,or punitive damages, legally responsible. to price.An estimated cost is not a firm figure. including but not limited to those arising from You agree to pay all sales taxes and other taxes delay,loss of use,loss of profits or revenue,loss 6.2 To the extent it may be necessary to based on your payment of our compensation.Our of financing commitments or fees,or the cost of indemnify either of us under Section 6.1,you performance is subject to credit approval and capital. and we expressly waive,in favor of the other payment of any specified retainer. only,any immunity or exemption from liability 5.3 We will not be liable for damages that exists under any worker compensation law. 4.2 You will notify us of billing disputes unless suit is commenced within two years of the within 15 days.You will pay undisputed date of injury or loss or within two years of the 6.3 You agree to indemnify us against portions of invoices on receipt.You agree to pay date of the completion of our services, losses and costs arising out of claims of patent or interest on unpaid balances beginning 30 days whichever is earlier.We will not be liable unless copyright infringement as to any process or after invoice dates at the rate of 1.5%per month, you have notified us of the discovery of the system'that is specified or selected by you or by or at the maximum rate allowed by law. claimed breach of contract,negligent act,or others on your behalf. omission within 30 days of the date of discovery 4.3 If you direct us to invoice another,we and unless you have given us an opportunity to Section 7: Miscellaneous provisions will do so,but you agree to be responsible for our investigate and to recommend ways of compensation unless you provide us with that mitigating damages. 7.1 We will provide a certificate of person's written acceptance of all terms of our insurance to you upon request.Any claim as an Agreement and we agree to extend credit to that 5.4 For you to obtain the benefit of a fee Additional Insured shall be limited to losses person and to release you. which includes a reasonable allowance for risks, caused by our sole negligence, you agree that our aggregate liability will not 4.4 You agree to compensate us in exceed the fee paid for our services or$50,000, 7.2 This Agreement is our entire accordance with our fee schedule if we are asked whichever is greater,and you agree to indemnify agreement.It supersedes prior agreements.It or required to respond to legal process arising us from all liability to others in excess of that may be modified only in a writing,making out of a proceeding related to the project and as amount.If you are unwilling to accept this specific reference to the provision modified, to which we are not a party. allocation of risk,we will increase our aggregate liability to$100,000 provided that,within IO 4.5 If we are delayed by factors beyond days of the date of our Agreement,you provide any interest any claim,any cause of action,7.3 Neither of us will assign or transfer r our control,or if project conditions or the scope payment in an amount that will increase our fees any right against the other.Neither of ti us will or amount of work change,or if changed labor by 10%,but not less than$500,to compensate assign or otherwise transfer or encumber any union conditions result in increased costs, us for the greater risk undertaken.This increased proceeds or expected proceeds en compensation decreased efficiency,or delays,or if the fee is not the purchase of insurance. from the project or project claims to any third standards or methods change,we will give you person,whether directly or as collateral or timely notice and we will receive an equitable 5.5 If you do not pay us within 60 days of otherwise. adjustment of our compensation.If you and we invoice date,or if you make a claim against us do not reach agreement on such compensation that is resolved in our favor,you agree to within 30 days of our written application,we reimburse our expenses,including but not limited 7.4 Our Agreement may be terminated may terminate without liability to you or others. to attorney fees,staff time,expert witness fees, early only in writing.We will receive an and other costs of collection or litigation. equitable adjustment of our compensation in the 4.6 If you fail to pay us within 60 days event of early termination. following invoice date,we may consider the 5.6 The law of the state in which our default a total breach of our Agreement and,at servicing office is located will govern all Revised 6-15-06 our option,terminate our duties without liability disputes.Each of us waives trial by jury.No to you or to others. employee acting within the scope of employment shall have individual liability for his or her acts 4.7 In consideration of our providing or omissions,and you agree not make a claim insurance to cover claims made by you,you against individual employees. hereby waive any right of offset as to fees otherwise due us. 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