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HomeMy WebLinkAbout2018-2884BRAUN I NTE RTEC The Science You Build On. October 4, 2018 Kevin Hansen, PE Director of Public Works / City Engineer City of Columbia Heights 637 38th Avenue NE Columbia Heights, MN 55421 Re: Proposal for Pavement Evaluation Services 2020 Street Reconstruction Program Columbia Heights, Minnesota Dear Mr. Hansen: Braun Intertec Corporation 1826 Buerkle Road Saint Paul, MN 55110 Proposal QTB087101 2018 -2884 Phone: 651.487.3245 Fax: 651.487.1812 Web: braunintertec.com Braun Intertec respectfully submits this proposal to conduct pavement evaluation services for various streets in the City of Columbia Heights. Our Understanding of Project Based on the map and information provided, it is our understanding that the City has 1.2 miles of streets to be evaluated including the following: • 47th Avenue from University Avenue to 4th Street • 4th Street from 48th Avenue to 53rd Avenue • 6th Street from 48th Avenue to 50th Avenue ■ 6th Street from 51st Avenue to 53rd Avenue The streets are located in zones 4 and 5 and are residential in nature with a bituminous surface. In 2017, Braun Intertec performed pavement condition surface assessments on the streets using the PASER rating procedure. Also performed was Ground Penetrating Radar (GPR) testing and a limited amount of pavement coring and hand auger borings. Information from our evaluation was used to provide planning -level recommended repairs for the streets. In our final report, dated August 4, 2017, several streets were noted as candidates for either reclamation or mill- and - overlay. It was also noted that additional pavement coring should be performed to further assess underlying materials and conditions on those streets. The City is requesting pavement coring and hand auger borings on the streets, along with our final recommendations for repair. Purpose The purpose of our pavement evaluation is to assess the subsurface conditions and layer thicknesses on the streets and provide recommendations related to pavement reclamation or mill- and - overlay. A V i:0i, City of Columbia Heights Proposal QTB087101 October 4, 2018 Page 2 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. Pavement Coring and Hand Auger Borings At locations selected by Braun Intertec, we will perform a total of 20 pavement core and hand auger borings to help characterize the in -place pavement thicknesses. Pavement cores will be performed in areas of sound pavement and on pavement cracks to evaluate crack propagation, and to further assess mill- and - overlay. Underlying subbase /subgrade materials directly below the base material will be noted. GPS coordinates for the cored locations will be collected at the time of coring. The cores will be submitted to our lab for total thickness measurements and will be examined for any material deficiencies. If concrete is encountered below the bituminous pavement, we will notify the City to discuss any additional time required for concrete coring. The cores will be retained for any additional laboratory testing that may be useful. Traffic Control The streets to be tested appear to be low- volume residential streets. To alert motorists of our work and to protect our field crews while performing work within the roadways, we intend to use traffic signs and cones. The cost for traffic control has been provided in our estimate. Reporting Data obtained from pavement coring and hand auger borings will be used to prepare a report including: ■ A CAD sketch showing project components, limits, and exploration locations. ■ Summary of the pavement core and hand auger results. ■ Representative photographs of the pavement cores. • Discussion related to our findings and recommended pavement repairs for each of the streets as it relates to reclamation or mill- and - overlay. Our report will be delivered electronically unless you request otherwise. Cost We will furnish the services described in this proposal for a total estimated fee of $4,397. A tabulation showing hourly and /or unit rates associated with our proposed scope of services is attached. 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. BRAUN INTERTEC City of Columbia Heights Proposal QTB087101 October 4, 2018 Page 3 Schedule We assume our field work can begin within two weeks of project authorization and that our work will take place in the fall, before subgrades are frozen. Our field work will take approximately one to one and a half days to complete. We will deliver our report within four weeks of project authorization. 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 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. If acceptable, please sign and 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. BRAUN INTERTEC City of Columbia Heights Proposal QTB087101 October 4, 2018 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 Amy Grothaus at 651.261.7122. Sincerely, BRAUN INTERTEC CORPORATION Am JIro G A Associate Principal C��`�'L� 'U_ JL�t�'•1 r� Matthew S. Oman, PE Principal Engineer Attachments: Estimated Costs General Conditions 1/1/2018 The proposal is accepted, and you are authorized to proceed. City of Columbia Heights Authorizer's irm l Authorizer's 5i nature Walt Fehst Authorizer's Name (please print or type) City Manager Authorizer' Titl o Date RRILUN INTERTEC BRAUN INTERTEC The Science You Build On. Client: City of Columbia Heights Kevin Hansen 637 38th Ave NE Columbia Heights, MN 55421 (763) 706 -3600 Description Project Proposal QTB087101 2020 Street Improvement Project Work Site Address: Various City Streets Columbia Heights, MN Phase 1 Pavement & Geotechnical Evaluation Activity 1.1 Pavement Coring & Hand Auger Borings 5100 GPS Unit, per day 252 Bituminous Coring & Hand Auger Borings (2 person crew) 1861 CMT Trip Charge 1555 Bit wear and patch material, per core 1052 Warning signs Activity 1.3 Reporting 138 Project Assistant 118 Staff Engineer 130 Principal Engineer 125 Project Manager 371 CADDIGraphics Operator Service Description: Pavement Evaluation Quantity Units Unit Price Extension $2,440.00 1.00 Each 100.00 $100.00 10.00 Hour 190.00 $1,900.00 1.00 Each 40.00 $40.00 20.00 Each 15.00 $300.00 1.00 Each 100.00 $100.00 $1,957.00 1.00 Hour 88.00 $88.00 8.00 Hour 135.00 $1,080.00 2.00 Hour 210.00 $420.00 1.00 Hour 135.00 $135.00 2.00 Hour 117.00 $234.00 Phase 1 Total: $4,397.00 Proposal Total: $4,397.00 10/04/2018 09:52 AM Page 1 of 1 General Conditions Section 1: Agreement 1.1 Our agreement with you consists of these General Conditions and the accompanying written proposal or authorization ( "Agreement "). This Agreement is the entire agreement between you and us. 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 documentation to authorize our scope of work ( "Services "), any conflicting or additional terms are not part of this 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 terminate this Agreement without liability to you or others, and you will compensate us for fees earned and expenses incurred up to the time of termination. Section 2: Our Responsibilities 2.1 We will provide Services specifically described in this Agreement. You agree that we are not responsible for services that are not expressly included in this Agreement. 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. If during the one year period following completion of Services it is determined that the above standards have not been met and you have promptly notified us in writing of such failure, we will perform, at our cost, such corrective services as may be necessary, within the original scope in this Agreement, to remedy such deficiency. Remedies set forth in this section constitute your sole and exclusive recourse with respect to the performance or quality of Services. 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 vary over distance or change over time. 2.4 Our duties do not include supervising or directing your representatives or contractors or commenting on, overseeing, or providing the means and methods of their services unless expressly set forth in this Agreement. We will not be responsible for the failure of your contractors, and the providing of 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, owner, project, or site health or safety. 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 Unless a fixed fee is indicated, our price is an estimate of our project costs and expenses based on information available to us and 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 environmental, 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 Services. 3.2 You will provide access to the site. In the performance of Services 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 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. You agree to hold us harmless, defend, and indemnify us from claims, damages, losses, penalties and expenses (including attorney fees) 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 furnished to us. 3.4 You will notify us of any knowledge or suspicion of the presence of hazardous or dangerous materials present on any work site or in a sample provided to us. You agree to provide us with information in your possession or control relating to such materials or samples. If we observe or suspect the presence of contaminants not anticipated in this Agreement, we may terminate Services without liability to you or to others, and you will compensate us for fees earned and expenses incurred up to the time of termination. BRAUN INTERTEC 3.5 Neither this Agreement nor the providing of Services will operate to make us an owner, operator, generator, transporter, treater, starer, 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 substances. You agree to hold us harmless, defend, and indemnify us from any damages, claims, damages, penalties or losses resulting from the storage, removal, hauling or disposal of such substances. 3.6 Monitoring wells are your property, and you are responsible for their permitting, maintenance, and abandonment unless expressly set forth otherwise in this Agreement. 3.7 You agree to make all disclosures required by law. In the event you do not own the project 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, defend, and indemnify us from claims, damages, penalties, or losses and expenses, including attorney fees, related to failures to make disclosures, disclosures made by us that are required by low, 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. We hereby grant you a license to use the reports and related information we provide only for the related project and 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, defend, and hold us harmless from claims, damages, losses, and expenses, including attorney fees, arising out of such a transfer or use. 4.3 If you do not pay for 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. 4.4 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 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. 4.5 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 Page 1 of 2 Section 5: Compensation 5.1 You will pay for Services as stated in this Agreement. If such payment references our Schedule of Charges, the invoicing will be based upon the most current schedule. An estimated amount 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 upon 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 a third party, we may do so, but you agree to be responsible for our compensation unless the third party is creditworthy (in our sole opinion) and provides written acceptance of all terms of this Agreement. 5.4 Your obligation to pay for Services under this Agreement is not contingent on your ability to obtain financing, governmental or regulatory agency approval, permits, final adjudication of any lawsuit, your successful completion of any project, receipt of payment from a third party, or any other event. No retainage will be withheld. 5.5 If you do not pay us in accordance with this Agreement, you agree to reimburse all costs and expenses for collection of the moneys invoiced, including but not limited to attorney fees and staff time. 5.6 You agree to compensate us in accordance with our Schedule of Charges 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 changes, or if changed labor conditions result in increased costs, decreased efficiency, or delays, or if the standards or methods change, we will give you timely notice, the schedule will be extended for each day of delay, and we will be compensated for costs and expenses incurred in accordance with our Schedule of Charges. 5.8 If you fail to pay us in accordance with this Agreement, we may consider the default a total breach of this Agreement and, at our option, terminate our duties without liability to you or to others, and you will compensate us for fees earned and expenses incurred up to the time of termination. 5.9 In consideration of our providing insurance to cover claims made by you, you hereby waive any right to offset 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 Notwithstanding anything to the contrary in this Agreement neither party hereto shall be responsible or held liable to the other for punitive, indirect incidental, or consequential damages, or liability for loss of use, loss of business opportunity, loss of profit or revenue, loss of product or output or business interruption. 6.3 You and we agree that any action in relation to an alleged breach of our standard of care or this Agreement shall be commenced within one year of the date of the breach or of the date of substantial completion of Services, whichever is earlier, without regard to the date the breach is discovered. Any action not brought within that one year time period shall be barred, without regard to any other limitations period set forth by law or statute. We will not be liable unless you have notified us within 30 days of the date of such breach 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. Should you fail to meet the conditions above, you agree to fully release us from any liability for such allegation. 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 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 this 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 herein and to insure this obligation. In addition, all indemnities and limitations of liability set forth in this Agreement apply however the some may arise, whether in contract tort statute, equity or other theory of law, including, but not limited to, the breach of any legal duty or the fault, negligence, or strict liability of either party. 6.6 This Agreement shall be governed, construed, and enforced in accordance with the laws of the state in which our servicing office is located, without regard to its conflict of laws rules. The laws of the state of our servicing office will govern all disputes, and all claims shall be heard in the state or federal courts for that state. Each of us waives trial by jury. 6.7 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 officers or 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 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 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. 8.4 This Agreement may be terminated early only in writing. You will compensate us for fees earned for performance completed and expenses incurred up to the time of termination. 8.5 If any provision of this Agreement is held invalid or unenforceable, then such provision will be modified to reflect the parties' intention. All remaining provisions of this Agreement shall remain in full force and effect. 8.6 No waiver of any right or privilege of either party will occur upon such party's failure to insist on performance of any term, condition, or instruction, or failure to exercise any right or privilege or its waiver of any breach. GC Revised 1/1/2018 Page 2 of 2