HomeMy WebLinkAbout2021-3097BRAU]tI
INTERTEC
Braun lntertec Corporation
1826 Buerkle Road
Saint Paul, MN 55110
Phone: 651.487.3245
Fax: 65L.487.1872
Web: braunintertec.com
Re:
Ttn licrnre You Bruld On.
May 6, 2021 Proposal QTB138895
Kevin Hansen, PE
City of Columbia Heights
537 38th Avenue NE
Columbia Heights, MN 55421
Proposal for Pavement Evaluation and Testing Services
2020 Concrete Al leyways
Columbia Heights, Minnesota
Dear Mr. Hansen
Braun lntertec respectfully submits this proposal to conduct pavement evaluation and testing services for
various concrete alleyways in the City of Columbia Heights.
Our Understanding of Proiect
Based on our discussion, in 2020, we understand the City performed reconstruction of some concrete
alleyways. lt was reported to us that a number of those alleyways have developed some wide-spread
scaling. The areas where the scaling exists that are to be evaluated include the following three alleyways
Alley 1: Madison St to Monroe St, 40th Ave to 41st Ave
Alley 2: Washington St to Jefferson St, 41st Ave to 42nd Ave
Alley 3: Madison St to Monroe St, 42nd Ave to 43rd Ave
To assess the cause of the material issue and to provide a potentialfix, we propose to conduct a site visit,
GPR testing, pavement coring and petrography testing.
Purpose
For the concrete alleyways, the purpose of our testing is to assess material conditions and to identify
potential cause(s) of deterioration in the concrete, as well as to provide repair recommendations.
Scope of Services
The following tasks are proposed to help achieve the stated purpose. lf 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.
GPR Testing (Ground-coupled)
Prior to pavement coring, ground-coupled GPR will be used to locate reinforcing steel to help expose the
steel for observation or avoid the steel when coring.
Contract # 2021-3097
City of Columbia Heights
Proposal QTB138895
May 6,2021
Page 2
Pavement Coring
To assess scaling on the concrete alleyways, we will perform pavement coring. Data obtained from the
GPR testing, as well as our visual observations and information provided by the client, will help us select
core locations.
It is our intent to obtain a single pavement core in each of the three alleyways within the scaling area and
a second pavement core at a transition from scalingto non-scaling areas. At least one additional core will
be obtained outside of the scaling area as a control. As such, we anticipate at least 6 cores will be
obtained and upwards of 9 cores may be warranted for petrographic analysis.
Following coring, the cores will be transported to our laboratory for petrographic analysis and core holes will be
patched with Cement All manufactured by CTS Cement.
Petrographic Analysis
On two to three of the concrete cores, petrographic analysis will be performed to evaluate the
microstructure of the concrete with regards to the distresses observed in the field work. Our analysis will
focus on providing information relating to the possible cause(s) of deterioration in the concrete and will
be conducted in accordance with ASTM C855, "Standard Practice for Petrographic Examination of
Hardened Concrete," using both macroscopic and microscopic techniques.
Reporting
Using information obtained from our site review, coring and laboratory testing, a report will be provided
that addresses the potential cause(s) for concrete deterioration, as well as potential repairs. We also
anticipate a conference call to discuss the results, the time for which is included in the estimate.
Schedule
We assume our field work can begin within two weeks of project authorization and that our field work
will take one day to complete. Laboratory testing will take about 3 to 5 weeks to complete. We anticipate
delivering our final reports within one week of completing our laboratory testing.
lf 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.
Fees
We will furnish the services described in this proposal for a total estimated fee of 59,285. 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, we will submit partial progress invoices for
work we perform during each invoicing period.
BRAUN
INTERTEC
City of Columbia Heights
Proposal QTB138895
May 6,2021
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. Please sign and return a copy to us in its
entirety.
We based the proposed fee on the scope of services described and the assumptions that you will
authorize our services within 30 days and that others will not delay us beyond our proposed schedule.
BRAUil
INTERTEC
City of Columbia Heights
Proposal QTB138895
May 6, 2021
Page 4
We include the Braun lntertec 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 contact Amy Grothaus at 651.251 .7722 lagrothaus@braunintertec.com).
Sincerely,
BRAU N I NTERTEC CORPORATION
ftr+Vfu
AmyJ. Grothaus, PE
Account Manager, Senior Engineer
&,L{t CJ*L4
Charles M. Cadenhead Jr, PE
Vice President, Principal Engineer
Attachments:
Tabular Cost Estimate
General Conditions
The proposal is accepted, and you are authorized to proceed
t-\,&k\unnt *Nuor+'
euth$*/s Fi*J
Authorizer's (please print or type)
rizer's
S.rt- }{
BRAUN
Date
INTERTEC
-11..r,, L^^-;o
Authorizer'\}gnature
BRAUN Project Proposal
QTB13889s
City of Columbia Heights Concrete AIIeyway Testing
INTERTEC
The Science You Build On.
Client:
City of Columbia Heights
Kathy Young
637 38th Ave NE
Columbia Heights, MN 55421
(763) 706-3600
Work Site Address
2020 Concrete Alleys
Columbia Heights, MN
Service Description:
Concrete Consulting
Description Quantity Units Unit Price Extension
Activity 1.1
118
298
1 861
259
1 555
Activity 1.2
Field Work
Staff Engineer
Concrets Coring
CMT Trip Charge
Ground Penetrating Radar
Patch material, per core
Laboratory Work and Data Analysis
Visual Observations (Petrographic Analysis, ASTM C856), per
sample
Petrographic Analysas of Concrete ( ASTIII C856), per specimen
Reporting
Project Assbtant
Stafi Engineer
Concrete Consultant
Prorect tlanager
5.00
s00
2.OO
1.00
9.00
Hour
Hour
Each
Hour
Each
130.00
249.00
39.00
175.00
15.00
$2,283.00
$650.00
$1 ,245.00
$78.00
$175 00
$135.00
$6,000.00
$1,500 0051 82
2101
6.00 Each
3.00 Each
250.00
1,500.00 $4,500.00
$1,002.00
$82.00
$520.00
$275.00
$125.00
Activity 1.3
138
118
135
125
1.00 Hour
4.00 Hour
1.00 Hour
1.00 Hour
82.00
130.00
275.OO
125.00
IIIEEttrGt
Proposal Total:$9,285.00
051061202103:39 PM Page 1 of 1
General Conditions
Section 1: A8reement
1.1 Our agreement with you consists of these
General Conditions and the accompanying written
proposal or authorization ("Agreement"). This
Agreement is the entire aBreement between you
and us. lt supersedes prior agreements. lt 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 ln 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 A8reement. Directing us
to start work prior to execution of this Agreement
constitutes your acceptance. lf, 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
wrltten approval.
2.2 ln 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. lf 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. lf 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 thas 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 Seruices 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.
2.5 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. ln 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
ob.iects at the site. We will not be responsible for
locating buried objects at the sile. You ogree to
hold us hormless, defend, ond indemnify us Jrom
cloims, damoges, losses, penolties ond expenses
(including ottorney fees) involving buried objects
thot were not properly morked or identified or of
which you hod knowledge but did not timely coll to
our ottention or correctly show on the plons 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. lf 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 willoperate to make us an owner,
operator, generator, transporter, treater, storer,
or a disposal facility within the meaning of the
Resource Conservation Recovery Act, as amended,
or within the meaning of any other law governing
the handling, treatment, storage, or disposal of
hazardous substances. You ogree to hold us
hormless, deJend, ond indemnify us from ony
domoges, cloims, damages, penalties or losses
resulting from the storoge, removol, houling or
disposal of such substonces.
3.5 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. ln 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 ogree to hold us hormless, defend,
ond indemnify us from cloims, domoges, penolties,
or losses and expenses, including attorney Jees,
reloted to foilures to make disclosures, disclosures
mode by us thot ore required by low, ond from
claims reloted to the informing or foilure to inform
the site owner of the discovery oJ contomindnts.
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 wratten
approval. You ogree to indemnify, defend, ond
hold us hormless from cloims, domoges, losses,
and expenses, including ottorney fees, otising out
ol such o tronslet or use.
4.3 lf 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. lf 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 undlsputed 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 lf 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 lf 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 lf we are delayed by factors beyond our
control, or if pro.iect 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 wlth our
Schedule of Charges.
5.8 lfyou 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 ln consideration of our providing lnsurance
to cover claims made by you, you hereby waive
any right to offset fees otherwise due us.
Section 6: Disputes, Damage, and Risk Allocation
5.1 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 Notwithstdnding onything to the contrury in
this Agreement, neither porty hereto shall be
responsible or held liable to the othet lot
pu n itive, ind i rect, i ncide nto l, or conseque ntidl
domoges, ot liability lor loss oI use, loss ol
business opportunity, loss of prolit or revenue,
loss of product ot 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 obtoin the benefit of o fee which
includes o reosondble dllowdnce for risks, you
ogree thdt out dggtegate lidbility for all claims
will not exceed the fee paid for Seruices or
S'O,ON, whichever is greater. $ you ore
unwilling to occept this allocotion of ilsk, we will
increase our oggtegdte lidbility to S1oo,o0o
provided thdt, within 7O days ol the date ol this
Agteement, you provide pdyment in dn dmount
thot will incredse our lees by 70%, but not less
thon Ss(n, to compensote us lor the greoter risk
undertaken. This increased fee is not the purchase
of insurance.
5.5 You dgtee to indemnify us from all liobility
to others in excess of the isk ollocotion stdted
herein ond to insure this obligotion. ln oddition,
all indemnities and limitotions oJ liability set
lorth in this Agreement opply however the some
moy oise, whether in controct, tort, stotute,
equity or other theory of low, including, but not
limited to, the brcach of ony legol duty or the
Iault, negligence, or stict liobility oI eithet porty.
5,5 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 lndemnification
7.7 We will indemnify ond hold you hormless
from ond ogoinst demonds, damages, and
expenses of others to the comparotive extent they
ore coused by our negligent octs or omissions or
those negligent octs or omissions of persons for
whom we ore legally responsible. You will
indemnify ond hold us hormless from ond ogoinst
demonds, damoges, and expenses of others to the
comporative extent they ore coused by your
neqligent octs or omissions ot those negligent octs
or omissions of persons for whom you ore legolly
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.
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
lnsured shall be limited to losses caused by our
negl igence.
8.2 You and we, for ourselves and our insurers,
waive all claims and rights of subrogation for
losses arisinB 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 Thas 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 lf 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.
8.5 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