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HomeMy WebLinkAboutContract No. 2014 2555April 17, 2014 Mr. Kevin Hansen Director of Public Works /City Engineer City of Columbia Heights 63738 th Avenue NE Columbia Heights, MN 55421 Braun Intertee Corporation 1826 Buerkle Road Saint Paul, MN 55110 Proposal QTB002540 Phone: 651.487.3245 Fax: 651.487.1812 Web: braunintertec.com 2014 2555 Re: Proposal for a Preliminary Geotechnical Evaluation and Optional Environmental Investigation Columbia Heights Public Library Site 42nd Avenue NE Columbia Heights, Minnesota Dear Mr. Hansen: Braun Intertec respectfully submits this proposal to complete a preliminary geotechnical evaluation for the proposed City of Columbia Heights Public Library site located on 42nd Avenue NE in Columbia Heights, MN. Also included is an open for an Environmental Investigation. Our Understanding of Project Per the information provided, we understand that the City is considering the site on 42nd Avenue NE for the construction of a new library. From the information provided, the site is approximately 1.6 acres in size. Currently, the site is primarily a bituminous parking lot that serves the City's Public Safety Facility. From our discussions, we understand that at one time the site was a marshy area that was filled in and later served as both a high school and an institute. We understand it is not known whether the unsuitable soils were removed prior to filling or if the fill was compacted. The primary purpose of this preliminary geotechnical evaluation is to evaluate the suitability of the soils for the overall development. In September of 2000, a Phase I Site Assessment was performed of the site. From our conversations, we understand that the site was abated and subsequently monitored as a result of the findings. We also understand that as part of that work, a Phase II was deemed unnecessary by the consultant. Purpose The goals of our preliminary geotechnical evaluation are to acquire geotechnical, and possibly environmental information, at soil boring locations and to evaluate that information relative to the suitability of the site for the design and construction of the proposed facility. Scope of Services The following tasks are proposed to help achieve the stated purpose. If unfavorable or unforeseen conditions are encountered at any point during the completion of the tasks that lead us to recommend an expanded scope of services, we will contact you to discuss the conditions before resuming work. AA /EOE Providing engineering and environmental solutions since 1957 City of Columbia Heights Proposal QTB002540 April 17, 2014 Page 2 Site Access, Staking and Utility Clearance Based on our review of the site, we assume that all soil boring areas will be accessible with a truck - mounted drill rig. We will use GPS to perform and document the staking. Depending on access requirements or potential utility conflicts, our field crew may slightly alter the exploration locations from those proposed to facilitate accessibility. Prior to drilling, we will contact Gopher State One Call and arrange for notification to the appropriate utility vendors to mark and clear the exploration locations of public underground utilities. You or your authorized representatives are responsible to notify us before we begin our work of the presence and location of any underground objects or private utilities that are not the responsibility of public agencies. Penetration Test Borings Based on the available information for this preliminary evaluation and to evaluate the suitability of the previous earthwork that was performed on this site for support of the proposed facility, we recommend a minimum of five (5) standard penetration test (SPT) borings to a minimum depth of 20 feet below the existing surface. Penetration tests will be performed and samples will be gathered at 2 1/2 -foot vertical intervals. 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 are not 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. Furthermore, depending on the variability of the soils encountered in these 5 soil borings, we may recommend that additional borings be performed. The additional information will help evaluate such issues as excavation depths, 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. Borehole Abandonment Minnesota Well Code requires sealing of any boring or core that encounters groundwater and is either greater than 25 feet deep or penetrates a confining layer. Based on the intended exploration depths, we do not anticipate the need to seal the boreholes. The boreholes will be backfilled with the auger cuttings and the pavement will be patched. If any of the boreholes are extended to depths deeper than 25 feet, the borings will be sealed, and we will submit a change order summarizing the costs associated with this. BRAUN INTERTEC City of Columbia Heights Proposal QTB002540 April 17, 2014 Page 3 Sample Review and Laboratory Testing Soil samples will be returned to our laboratory and 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 8 moisture content tests, 2 mechanical analyses (through a #200 sieve only) and 2 organic content tests. Reporting Data obtained from the soil borings and laboratory tests will be used to evaluate the subsurface soil and groundwater conditions and evaluate that information relative to the suitability of the proposed facility. If an environmental investigation is performed, these results will be incorporated into our discussions. We will prepare a final report including: ■ Boring logs describing the materials encountered. The depth to groundwater will be identified if encountered during drilling. ■ A written summary of the subsurface profile and groundwater conditions. ■ A CAD sketch of the boring locations with corresponding boring numbers identified. ■ A discussion related to the suitability of the site for the design and construction of the proposed facility. Our final report will be delivered electronically to you. If a hard -copy is needed, please let us know. Additional Services Drilling If borings need to be extended beyond their termination depths, we will charge an additional $19 per lineal foot beyond the originally intended termination depth. If any of the borings are extended to depths greater than 25 feet, and the borehole is sealed, we will charge $3 per lineal foot of sealing. Additional site mobilization will be charged at $292 per day. Environmental Investigation If desired, an environmental technician will be at the site during the sampling activities to monitor the subsurface materials encountered at each soil boring location. Soil discoloration and odors will be documented if detected. In addition, soil samples will be screened for the presence of organic vapors with a PID using both direct readings from each sample and the headspace method of analysis recommended in "Soil Sample Collection and Analysis Procedures," Minnesota Pollution Control Agency (MPCA) Petroleum Remediation Program Guidance Document 4 -04 (September 2008). The cost for environmental screening is $1,185. BRAUN INTERTEC City of Columbia Heights Proposal QTB002540 April 17, 2014 Page 4 Cost and Invoicing We will furnish the services described in this proposal for an estimated fee of $3,397. If environmental screening is authorized, the estimated fee is $4,582. 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 to discuss 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. Schedule We anticipate the field exploration will be completed on March 25, 2014 and will take one day to complete. Soil classification and laboratory test results will take approximately one week to complete. We will deliver our final report two weeks after laboratory testing is complete. 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 We appreciate the opportunity to present this proposal to you. It is provided in duplicate so the original can be retained for your records and the copy can be signed and returned to us. Please return the signed copy in its entirety. BRAUN INTERTEC City of Columbia Heights Proposal QTB002540 April 17, 2014 Page 5 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 delay us beyond our proposed schedule. We included 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 Amy Grothaus at 651 -261 -7122. Sincerely, BRAUN INTERTEC CORPORATION Amy Grothau E Project Engineer — 'Robert J. J a n s s , E President/Principal Engineer Attachments: Cost Estimate General Conditions (4/1/13) The proposal is accepted, and you are authorized to proceed. Check appropriate box: Geotechnical Evaluation only ($3,347) Geotechnical and Environmental Evaluation ($4,582) City of Columbia Heights Walt Fehst Authorizer's Name (please print ortype) City Manager Authorizer's Title 4/17/2014 Date BRAUN INTERTEC BRAUN Project Proposal I NTE TEC QTB002540 Columbia Heights Public Library Site Client: Work Site Address: .,Service Description: City of Columbia Heights 42nd Avenue NE Geotechnical Evaluation Kevin Hansen Columbia Heights, MN 55421 637 38th Ave NE Columbia Heights, MN 55421 I 763- 782 -2880 I� Project Manager: Justin Kolander Description Quantity Units ; Unit Price' Extension Activity 1.1 Truck Mounted Drill Rig and Crew $1,540.00 9000 Truck Mounted Drilling Services, per hour 7.001 Each 220.00 $1,540.00 Activity 1.2 Site Layout - Staking - Utility - Clearance - CADD $460.00 205 Site layout and utility clearance 3.00 Hour 75.00 $225.00 5099 Trimble R8 Rover (horizontal and vertical), per hour 3.00 Each 25.00 $75.00 3753 Soil Boring Location Sketch Scaled 1.00 Each 125.00 $125.00 1862 Trip Charge 1.00' Each 35.00, $35.00 T1'3lase- 1�'talr tx ` . $2,000.00 .Phase 2 Laboratory Testing _ Activity 2.1 Soils Tests $300.00 1174 Organic content (ASTM D 2974), per sample 2.00 Each 55.00 $110.00 1166 200 wash (ASTM C 117), per sample 2.00 Each 55.00. $110.00 1152 Moisture content (ASTM D 2216), per sample 8.00 Each 10.00 $80.00 Phase 2 Total: ` $30g ; f i Activity 3.1 Consulting Labor $1,097.00 138 I Project Assistant 1.001 Hour 72.00i $72.00 126 Project Engineer 6.001 Hour 125.00' $750.00 'Senior . 1128 Engineer 1.00 Hour 150.001 $150.00 125 Project Manager 1.001 Hour 125.00 i $125.00 �Activity 4.1 Field Activities Equipment - Soil $1,185.0_0' 5036 I PID (includes technician), per day _ 10 Each I 900.001 $900.00 ------ - ------- - - - - -- -- 11868 Trip Charge 1.00J Each 35.00 $35.00 � 330 Project Scientist 2.00 Hour 125.00 $250.00 Proposal Total: 1 $4,582.00 04/17/2014 09:51 AM Page 1 of 1 General Conditions Section 1: Our Agreement 1.1 Our agreement ( "Agreement') with you consists of these General Conditions and the accompanying written proposal or authorization. This Agreement is our entire agreement. It supersedes prior agreements. It may be modified only in a writing signed by us, making specific reference to the provision modified. 1.2 The words "you," "we," "us," and "our" include officers, employees, and subcontractors. 1.3 In the event you use a purchase order or other form to authorize our services, any conflicting or additional terms are not part of our Agreement. Directing us to start work prior to execution of this Agreement constitutes your acceptance. If, however, mutually acceptable terms cannot be established, we have the right to withdraw our proposal without liability to you or others, and you will compensate us for services already rendered. Section 2: Our Responsibilities 2.1 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 otherwise agreed in writing, our 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. 2.2 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 harmless from claims, damages, and expenses arising out of your direction. 2.3 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 overtime. 2.4 Our duties do not include supervising your contractors or commenting on, overseeing, or providing the means 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. 2.5 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 that duty in writing. 2.6 You will provide, at no cost to us, appropriate site safety measures as to work areas to be observed or inspected by us. Our employees are authorized by you to refuse to work under conditions that may be unsafe. 2.7 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 our professional judgment and are not guaranteed or warranted. Actual costs may vary. You should allow a contingency in addition to estimated costs. Section 3: Your Responsibilities 3.1 You will provide us with prior geotechnical 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. 3.2 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. 3.3 You agree to provide us, in a timely manner, 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 involving buried objects that were not properly marked or identified or 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. 3.4 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 our work without liability to you or to others, and we will be paid for the services we have provided. 3.5 Neither this Agreement nor the providing of services will operate to make us an owner, operator, generator, transporter, 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, treatment, storage, or disposal of hazardous materials. You agree to hold us harmless and indemnify us from any such claim or loss. 3.6 Monitoring wells are your property, and you are responsible for their permitting, maintenance, and abandonment unless we accept that duty in writing. 3.7 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 harmless and indemnify us from claims related to disclosures made by us that are required by law and from claims related to the informing or failure to inform the site owner of the discovery of contaminants. Section 4: Reports and Records 4.1 Unless you request otherwise, we will provide our report in an electronic format. 4.2 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 reports to others or use them for a purpose for which they were not prepared without our written approval. You agree to indemnify and hold us harmless from claims, damages, losses, and expenses, including attorney 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 terms of our agreement with you and only if we are paid the administrative fee stated in our then current Schedule of Charges. 4.3 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. 4.4 If you do not pay for our services in full as agreed, we may retain work not yet delivered to you and you agree to return to us all of our work that is in your possession or under your control. 4.5 Samples and field data remaining after tests are conducted and field and laboratory equipment that cannot be adequately cleansed of contaminants are and continue to be your property. They may be discarded or returned to GC Page 1 of 2 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. 4.6 Electronic data, reports, photographs, samples and other materials provided by you or others may 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 5: Compensation 5.1 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 payment of our compensation. Our performance is subject to credit approval and payment of any specified retainer. 5.2 You will notify us of billing disputes within 15 days. You will pay undisputed portions of invoices 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. 5.3 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 terms of our Agreement and we agree to extend credit to that person and to release you. 5.4 Your obligation to pay for our services under this Agreement is not contingent on your ability to obtain financing, governmental or regulatory agency approval, permits, final adjudication of lawsuit in which we are not involved, your successful completion of a project, receipt of payment from another, or any other event. No retainage will be withheld. 5.5 If you do not pay us within 60 days of invoice date, you agree to reimburse our expenses, including but not limited to attorney fees, staff time, and other costs of collection. 5.6 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. 5.7 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 union 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. 5.8 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 our duties without liability to you or to others. 5.9 Inconsideration of our providing insurance to cover claims made by you, you hereby waive any right of offset as to fees otherwise due us. Section 6: Disputes, Damage, and Risk Allocation 6.1 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 submitted to mediation. 6.2 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 commitments or fees, or the cost of capital. 6.3 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 substantial 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 contract, 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. You agree not to make a claim against us unless you have provided us at least 30 days prior to the institution of any legal proceeding against us with a written certificate executed by an appropriately licensed professional specifying and certifying each and every act or omission that you contend constitutes a violation of the standard of care governing our professional services. 6.4 For you to obtain the benefit of a fee which includes a reasonable allowance for risks, you agree that our aggregate liability for all claims will not exceed the fee paid for our services or $50,000, whichever is greater. 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 undertaken. This increased fee is not the purchase of insurance. 6.5 You agree to indemnify us from all liability to others in excess of the risk allocation stated above and to insure this obligation. 6.6 The prevailing party in any action relating to this Agreement shall be entitled to recover its costs and expenses, including reasonable attorney fees, staff time, and expert witness fees. 6.7 The law of the state in which our servicing office is located will govern all disputes. Each of us waives trial byjury. No officer or employee acting within the scope of employment shall have individual liability for his or her acts or omissions, and you agree not to make a claim against individual employees. Section 7: General Indemnification 7.1 We will indemnify and hold you harmless from and against demands, damages, and expenses of others 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 indemnify and hold us harmless from and against demands, damages, and expenses of others 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. 7.2 To the extent it maybe necessary to indemnify either of us under Section 7.1, you and we expressly waive, in favor of the other only, any immunity or exemption from liability that exists under any worker compensation law. 7.3 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 8: Miscellaneous Provisions 8.1 We will provide a certificate of insurance to you upon request. Any claim as an Additional Insured shall be limited to losses caused by our sole negligence. 8.2 You and we, for ourselves and our insurers, waive all claims and rights of subrogation for losses arising out of causes of loss covered by our respective insurance policies. 8.3 Neither of us will assign nor 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. 8.4 Our Agreement maybe terminated early only in writing. We will receive an equitable adjustment of our compensation in the event of early termination. 8.5 If a provision of this Agreement is invalid or illegal, all other provisions shall remain in full force and effect. GC Revised 9/1/2013 Page 2 of 2