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
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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.
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