Loading...
HomeMy WebLinkAbout2020-3035BRAUN INTERTEC The Science You Build On. July 28, 2020 Mr. Kevin Hansen City of Columbia Heights 637 38th Avenue NE Columbia Heights, MN 55421 Braun lntertec Corporation 11001 Hampshire Avenue S Minneapolis, MN 55438 Proposal QTB123658 Phone: 952.995.2000 Fax: 952.995.2020 Web: braunintertec.com Re: Proposal for Environmental Services and Vibration Monitoring during site demolition 3989 Central Avenue NE Columbia Heights, Minnesota Dear Mr. Hansen: Braun lntertec Corporation (Braun lntertec) is pleased to present this proposal to provide services and cost estimates abatement oversight/ environmental services and vibration monitoring services for the proposed site development, located at 3989 Central Avenue NE, Columbia Heights, Minnesota. Scope of Services Task 1 -Abatement Oversight and Environmental Services Braun lntertec will perform the following services during the removal of asbestos-containing materials and regulated universal waste materials during the demolition project at the above site development: •Attending the preconstruction meeting and other meetings as requested. •Responding to requests for information from the owner, design team or contractor.•Reviewing project progress and work procedures and general project administration. In addition to the services described above, Braun lntertec will provide an environmental technician who is experienced with abatement procedures and regulations and a licensed asbestos site supervisor. The technician will perform the following on-site services during the abatement of asbestos-containing material from the above site. •Performing site inspections, including prelir:ninary and post abatement inspections.•Conduct the required air sampling required by federal and state regulations, if necessary.•Observing and recording the abatement contractor's work practices. •Evaluating the contractor's compliance with federal and state regulations, as well as the project specifications. Following the completion of the project, we will generate a written report summarizing abatement activities, inspection results, observations and regulatory compliance. AA/EOE Contract # 2020-3035 Task 2 -Vibration Monitoring and Control Plan City of Columbia Heights Proposal QTB123658 July 28, 2020 Page 2 Braun lntertec will perform the following services during the demolition activities associated with the above site development: •Provide a Vibration Susceptibility and Control Plan to assess the susceptibility of surrounding structures to construction generated vibrations.•Assessment of susceptibility will be based on exterior visual observations from public right-of-way and any pre-construction condition survey documentation made available by the owner. The following properties outlined in Figure 1 will be reviewed. Figure 1. Location of Buildings for Proposed PCCS and extent Image fram Google Earth BRAUN INTERTEC City of Columbia Heights Proposal QTB123658 July 28 , 2020 Page 3 Vibration Monitoring: •Provide 3 seismographs to record vibrations for an estimated period of 2 months. The seismographs will be attached to a modem to communicate vibration levels via emails or text message for events which exceed trigger levels when cell signal is present. •Monitor the vibration levels transmitted to existing structures during the demolition of existing buildings. Monitors will be placed as close as possible to the foundation of the structure of concern. This will require permission from the owner to access their property.•Site visits will be made on a bi-weekly basis to move monitors and perform maintenance. If additional site visits are requested, additional fees may apply. •Engineering time to analyze the data and provide a final report including our procedures, monitoring locations and dates, and results from the vibration monitoring. Cost Estimate Based on our current understanding of the Site conditions and the assumptions stated herein, we estimate the cost to perform the environmental consulting and vibration monitoring services to be about $19,819.00. The estimated cost breakdown by activity is listed below. Service Description Cost Estimate Project Management/Meetings/Environmental Services $ 2,680.00 Includes attending on-site project meetings, progress schedule, safety and regulatory review. Responding to owner questions. Asbestos Abatement Oversight/ Air Monitoring $ 3,455.00 Includes on-site monitoring and project management during abatement activities (estimated 3-working days), analysis and reporting. Vibration Monitoring and Control Plan $ 13,684.00 Includes site monitoring, progress reports, attending project meetings, responding to owner questions and related tasks. Our services will be billed at the following unit rates if additional services are required: Personnel Principal Scientist/ Principal Engineer Senior Scientist/ Senior Engineer Project Scientist / Project Engineer Field Scientist/ Field Technician Project Control Specialist Project Assistant $180/hour $170/hour $160/hour $105/hour $90/hour $90/hour BRAUN INTERTEC Vehicle and Analytical Testing Trip Charge Asbestos Content using PLM (EPA/600/R-93/116) PLM -400 PC Method (reporting limit <0.25%) City of Columbia Heights Proposal QTB123658 July 28, 2020 Page 4 $25 per trip $15/sample layer (24-hrs TAT) $25/sample layer (24-hrs TAT) Unit prices for time and expenses are set costs. Other figures such as number of hours to perform abatement oversight and on-site monitoring are estimated figures. Consequently, our estimated costs may be higher or lower depending on the actual site conditions encountered. The total projected cost will not be exceeded without additional authorization. These proposed fees are 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. If the project cannot be completed within the proposed schedule due to circumstances beyond our control, revising the proposal scope and cost may be required for completion of the remaining tasks. We include the Braun lntertec General Conditions, which provide additional terms and are a part of this agreement. BRAUN INTERTEC General Remarks City of Columbia Heights Proposal QTB123658 July 28, 2020 Page 5 Braun lntertec 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 suppl ied upon request. Please return a signed copy, including the completed User Questionnaire, in its entirety. We include the Braun lntertec General Conditions, which provide additional terms and are part of our agreement. We appreciate the opportunity to provide professional services for you on this project. If you have questions regarding the contents of this proposal, please call Dan Martin at 651.746.4006. Sincerely, BRAUN INTERTEC CORPORATION 5'�Du�� �'1 Robert E. Nordby Group Manager, Senior Scientist Dan E. Martin Team Leader, Senior Project Manager Attachment: General Conditions (01/01/2019) The proposal is accepted, and you are authorized to proceed: City of Columbia Heights Authorizer's Sfgnature Donna K. Schmitt Authorizer's Name (please print or type) Mayor Authorizer's Title Date Kelli Bourgeois Authorizer's Name City Manager Authorizer's Title Date BRAUN INTERTEC General Conditions Construction Material Testing and Special Inspections 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 aur rei:::ommended pro-:edures, 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 GC-CMT 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 U11ltes!, iJ riAteU r.,., is i11Jicdlteu, UUI µ1 ice, i, dll estimate of our project costs and expenses based on information available to us and our experience and knowledge, Such estimates are an exercise o1 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 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 present on any work site. 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. 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 BRAUN INTERTEC 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 rem�in our property We hereby gr"nt you " 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. Vou 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 Electronic data, reports, photographs, Sdnrµle,, drH.i oii1er rridleriol� µroviLiec.l l,y yuu ur 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 stated in this Agreement. If su ch 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 Page 1 of 2 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 lass of use, loss of GC-CMT business opportunity, loss of profit or revenue, loss af 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 w/11 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 same 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. Revised 1/1/2018 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 amiss ions 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 may be 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 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.S 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. Page 2 of 2