HomeMy WebLinkAboutContract No. 2014-25772014
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Braun Intertec Corporation Phone: 952.995.2000
71oo1 Hampshire Avenue S I Fax: 952.995.2020
Minneapolis, MN 55438 Web: braunintertec.com
June 16, 2014
Kathy Young, PE
City of Columbia Heights
637 38th Avenue Northeast
Columbia Heights, MN 55421
Re: Proposal for Construction Materials Testing Services
Sanitary Sewer Repair
City Project Number 1411
Columbia Heights, Minnesota
Dear Ms. Young:
Proposal QTB006146
We appreciate the opportunity to submit our proposal to provide construction materials testing services
for the Sanitary Sewer Repair Project for the City of Columbia Heights.
Our Understanding of Project
This project will consist of spot repair of sanitary sewer utilities, aggregate base placement, bituminous
paving, and new concrete curb and gutter for 44 1/2 Avenue and 38th Avenue.
Available Project Information
This proposal is based on our review of the documents described below. We will submit a revised scope
of services and cost if the project changes.
• Request for Proposal Email.
• Discussions with you.
Scope of Services
Observation and testing services will be performed on an on -call, as- needed basis as requested and
scheduled by you or your representative. We have reviewed the available project information and
propose to:
■ Observe and evaluate the suitability of prospective fill materials —this task includes
performing laboratory classification tests specified in the project documents.
■ Measure the in -place dry density, moisture content and relative compaction of fill placed for,
pavement and /or utility support, and of utility backfill for compliance with the project
documents — this task includes performing laboratory proctor tests to provide maximum dry
densities from which the relative compaction of fill can be determined.
AA /EOE Providing engineering and environmental solutions since 1957
City of Columbia Heights
Proposal QTB006146
June 16, 2014
Page 2
• Perform Standard Dynamic Cone Penetrometer (DCP) tests on aggregate base material.
• Sample and test aggregate base and bituminous pavement materials for compliance with the
project documents —this task includes laboratory gradation testing of aggregate base
material and Rice specific gravity, gyratory density, asphalt content and extracted aggregate
gradation tests of the bituminous.
• Sample and test fresh concrete associated with pavement and /or curb - and - gutter for
compliance with the project documents, and cast test cylinders for laboratory compressive
strength testing. We assume that we will be able to appropriately dispose of excess concrete
(and associated wash water) on site at no additional cost to us.
• Measure and report the compressive strength of the concrete test cylinders for compliance
with the project documents.
• Provide project management for the quality control observation and testing services
described above —this task includes scheduling field personnel, reviewing observation and
test reports, and communicating with you, the project contractor(s), and other project team
members, as needed.
Cost
A tabulation showing hourly and /or unit rates associated with our proposed scope of services is attached.
Additional Services and Overtime
It is difficult to estimate all of the services, and the quantity of each service, that will be required for any
project. Our services are also directly controlled by the schedule and performance of others. For these
reasons, our quantities may vary.
All work will be invoiced at the hourly or unit rates shown in the attached tabulation. If services are
ultimately required that have not been identified or described herein, they will be invoiced in accordance
with our current Schedule of Charges. Prior to exceeding our estimated fees, we will update you
regarding the progress of our work. Fees associated with additional services will be summarized in a
Change Order and submitted to you for review and authorization.
This proposal was developed with the understanding that the scope of services defined herein will be
required and requested during our normal work hours of 7:00 am to 4:00 pm, Monday through Friday.
Services that we are asked to provide to meet the project requirements or a contractor's construction
schedule outside our normal work hours will be invoiced using an overtime rate factor. The factor for
services provided outside our normal work hours or on Saturday will be 1.25 times the normal hourly
rate for the service provided. The factor for services provided on Sunday or legal holidays will be 1.5
times the normal hourly rate for the service provided.
City of Columbia heights
Proposal QTB006146
June 16, 2014
Page 3
General Remarks
We will be happy to meet with you to discuss our proposed scope of services further and clarify the
various scope components.
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.
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.
City of Columbia Heights
Proposal QTB006146
June 16, 2014
Page 4
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 Andrew Valerius at 952.995.2242.
Sincerely,
BRAUN INTERTEC CORPORATION
ly
Andrew M. Valerius
Associate Principal - Transportation Project Manager
Benjamin P, Dzioba, PE, PMP, DBIA
Principal- Senior Engineer
Attachments:
Unit Rates Tabulation
General Conditions -CMT (9/1/13)
The proposal is accepted, and you are authorized to proceed.
City of Columbia Heights
Authorizer's irm
Authoriser's
Walt Fehst
Authorizer's Name (please print or type)
City Manager
Authorizer's Title
6 d'03l f4
Date
BRAUN Project Proposal
IN T E R T E C QTB006146
Sanitary Sewer Repair- Columbia Heights, Proj ## 1411
Client: Work Site Address: Service Description:
City of Columbia Heights 122144 112 Ave, 603 38th Ave, & 44 1/2 Ave. at Construction Materials Testing
Kathy Young Buchanan St.
637 38th Ave NE Columbia Heights, MN 55421
Columbia Heights, MN 55421
763 - 782 -2880
Project Manager: Andrew Valerius
06/16/2014 08:19 AM Page 1 of 1
Description
Units
Unit Price
Phase 1
Construction Materials Tasting
Activity 1.1
Soil Testing
217
Compaction Testing, Non - Nuclear
Hour
72.00
1861
CMT Trip Charge
Each
25.00
1,530
Asphalt Content (ASTM D 2172/6307), per sample
Each
141.00
209
Sample pick -up
Hour
72.00
1318
Standard Proctor Test(ASTM D 698)
Each
169.00
1162
Sieve analysis with 200 wash (ASTM C 136 and C 117), per sam
Each
122,00
Activity 1.2
Concrete Testing
261
Concrete Testing
Hour
72.00
1369
Compressive strength of 4 x 8" concrete cylinders (ASTM C 39
Each
27.00
1861
CMT Trip Charge
Each
25.00
278
Concrete Cylinder Pick up
Hour
72.00
Activity 1.3
Pavement Testing
1861
CMT Trip Charge
Each
25.00
1.530
Asphalt Content (ASTM D 2172/6307), per sample
Each
141.00
1.532
Extracted aggregate gradation (ASTM D 5444), per sample
Each
97.00
1528
Rice specific gravity (ASTM D 2041), per sample
Each
75.00
2,568
Gyratory gravity (AASHTO T312), per sample
Each
169.00
209
Sample pick -up
Hour
72.00
Activity 1.4
Project Management
22.6
Project Manager
Hour
140.00
228
Senior Project Manager
Hour
154.00
238
Project Assistant
Hour
76.00
06/16/2014 08:19 AM Page 1 of 1
General Conditions
Construction Material Testing and Special Inspections
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 If we notify you that radiographic or
gamma ray equipment or other nuclear testing
or measuring device will be used, you will be
responsible for the cooperation of your
employees and your contractors in observing all
radiation safety standards.
3.4 You will notify us of any knowledge or
suspicion of the presence of hazardous or
dangerous materials 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 The time our field personnel spend on the
job site depends upon the scheduling of the
work we are observing or testing. You agree
that any changes in scheduling may result in
additional costs and agree to pay for those
services at the rates listed in our cost estimate.
3.6 You agree to include us as an indemnified
party in your contracts, if any, for work by
others on the project, protecting us to the
same degree as you are protected. You agree to
list us as an Additional Insured under your
liability insurance policies and to require
subrogation be waived against us and that we
will be added as an Additional Insured on all
policies of insurance, including any policies
required of your contractors or subcontractors,
covering any construction or development
activities to be performed on the project site.
Section 4: Reports and Records
4.1 Unless you request otherwise, we will
provide our report(s) 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 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.
GC -CMT Revised 9/1/2013 Page 1 of 2
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 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.
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 by jury. 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.
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 -CMT Revised 9/1/2013 Page 2 of 2