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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