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HomeMy WebLinkAboutContract 19939219 East River Roatl NW Minneapolis, Minnesota 55433 763-786-1445 Fax 763-786-1030 www.prosourcetech.com 3anuary 16, 2007 Mr. Walter Fehst City Manager City of Columbia Heights 590 40t'' Avenue NE Columbia Heights, MN 55421 Re: Scope of Work and Cost Estimate Geotechnieal Evaluation New Municipal Off Sale Liquor Stores Columbia Heights, Minnesota Dear Walt: 1993 ProSource Technologies, Inc. (ProSource} has prepared a scope of work and cost estimate to provide geotechnical engineering and environmental consulting services for the construction of two, new municipal liquor stores located on 37Lh Avenue and on Central Avenue for the City of Columbia Heights, Minnesota (City}. The scope includes both environmental oversight at the Central Avenue site and a geotechnical investigation to assist with building foundation design at both sites. Our proposed scope and costs are discussed below. Geotechnieal Investigation Staking and Utility Clearance ProSource will stake the boring locations prior to drilling. We or our drilling subcontractor will contact Gopher State One Call. and request they make arrangements for the appropriate public utility companies to locate public underground utilities at the sites. We request that the City, or its authorized representative, notify our project manager immediately of the presence and locations of any underground objects which ... e. sC. ,.. ;L.;1:~-., ,.F ..L.i;,. :l; l:k.. TA T® rill tn~rn rnocs~no~~P a.rG 11VL L11G resp V11s1Vllll~ Vl plt Vdll. ULlll by CviiipaliieS. yr w.. vv iii ~uiiv ivuw..aasvav precautions to avoid underground utilites or objects, however, a private utility locator may be necessary if on-site utilities cannot be cleared by Gopher State One Call. In authorizing this contract, the City agrees to waive any claim against us and will indemnify and hold us harmless from any claim of liability, injury or loss allegedly arising from us damaging underground objects not called to our attention prior to beginning the work. Geotechnieal &orings Based on our understanding of the proposed development, we are proposing to install a total of 5 standard penetration borings at the 37`'' Avenue site (3 within the building and 2 in the perimeter parking area} and a total of 7 standard penetration test borings at the Central Avenue site (4 within the footprint of the proposed building and 3 in the perimeter parking area}. The borings at the Central Avenue site will also serve as environmental borings. At each site, the borings within the building footprint will be completed to a depth of approximately 15 feet. Environmentai Right of Way engineering New Municipal Off Sale Liquor Stores Page 2 Columbia Heights, Minnesota The borings in the parking areas will be completed to a depth of 10 feet. A11 borings will be advanced with hollow-stem augers (HSA). Penetration tests will be conducted and soil samples (2-foot split spoon samples} recovered at 2 1/2-foot intervals to 10 feet and then at 5-foot intervals to the termination depths of the borings. If ground water is encountered, its depth will be recorded on the boring logs. We assume the boring locations will be accessible to a truck- _m__o?anted drill rig: It should he noted that the number and depths of borings may vary depending on the subsurface conditions encountered at each site. Lab Testing In conjunction with the drilling investigation, we are recommending a number of soil samples be collected for physical soil testing. The number and types of soil laboratory testing may vary based upon the subsurface conditions and the number of differing soil types encountered while drilling. Lab testing may include: • Moisture content • Atterberg Limits (cohesive soils) • Mechanical Analysis (sieve and/or hydrometer) • Proctor Density • Organic Content • Permeability • Unconfined Compression • Dry Density Geotechnical Evaluation/Report After our field investigation has been completed, the results will be analyzed and discussed with you. A geoteehnical evaluation report will then be prepared for the site. The report will furnish the following information: • Boring iogs indicating the various soii deposits er~courrtercc~. • A sketch showing the approximate boring locations. • Water level observations. • Recommended grading procedures for structural support. • Structural fill and compaction criteria. • Allowable soil bearing pressure for foundation design. • Recommendations for footing and pavement design. Environmental Oversight Based on our current knowledge of the site conditions at the Central Avenue site, there is a possibility that near surface soil or perched ground water is impacted with petroleum. compounds from an off-site source. As such, ProSource will provide field persomzel to aversee the geotechnical drilling and to lag the sails. We will also screen the soils for organic vapors using a photoionization detector (PID) to determine if volatile organic vapors or impacted soils are present and to assist in determining whether petroleum-impacted soil will be encountered during the constriction phase at the site. ProSource Technologies, Inc. 3anuary 16, 2007 New Municipal Off Sale Liquor Stores Columbia Heights, Minnesota Cost Estimate The estimated costs associated. this project are outlined below: Environmental Oversight $ 660 Geotechnical Investigation Drilling Services $ 1,805 Laboratory Soil Testing Allowance $ 620 Technical Report and Oversight $ 2,456 Esti~lzated Project Total $ 5,541 Page 3 Should you decide not to conduct the environmental oversight at the Central Avenue site, this task cost can be subtracted from the estimated project total. Closing To authorize the work, please review the Attached Terms and Conditions, sign in the space provided below and return via fax to (763} 786-1030. If you have any questions or comments, please feel free to contact either myself or Jim Crowl at (763} 786-1445. l~hank you for your time and consideration. Sincerely, ProSo~ree Technologies, Inc. ,~ :~ ~,~ ~ ~ , Dave Hodek, P.E. Project Engineer Cc: Jim Crow1 Sohn Cannon Accepted by: d ,;~ _ Walter Fehst City Manager -City of Columbia Heights ProSource Technologies, Inc. January 16, 2007 New Municipal Off Sale Liquor Stores Page 4 Columbia Heights, Minnesota STANDARD TERMS AND CONDITIONS I. STANDARD OF CARE. Services shall be performed in accordance with the standard of professional practice ordinarily exercised by the applicable profession at the time and within the locality where the Services are performed. Professional Services are not subject to, and ProSource can not provide, any warranty or guarantee, express or implied, including warranties or guarantees contained in any uniform commercial code. Any such warranties or guarantees contained iii any purchase of°dcrs, requisitiviis ui' iiuticcs to proceed issued by a client arc specifically objected to. 2. CHANGE OF SCOPE. The scope of Services set forth in this Agreement is based on facts known at the time of execution of this Agreement, including, if applicable, information supplied by Client. For some projects the scope may not be fully definable during the initial phases. As the Project progresses, facts discovered may indicate that scope must be redefined. ProSource will promptly provide Client with an amendment to this Agreement to recognize such change, which shall be deemed approved if not objected to within 15 days of receipt by Client. ?. SAFETt'. ProSource has established and maintains corpora±e programs and procedures for the safety of its employees. Unless specifically included as a service to be provided as a service under this Agreement, ProSource specifically disclaims any authority or responsibility far general job site safety and safety of persons other than ProSource employees. -''.. DEI.A~'S. if events bcyord the control of Client cr ProSource, including, but not limited to, fire, flood, explosion, riot, strike, war, process shutdown, acts of God or the public enemy, and act or regulation of any government agency, result in delay to any schedule established in this Agreement, such schedule shall be amended to the extent necessary to compensate for such delay. In the event such delay exceeds 90 days, ProSource shall be entitled to an equitable adjustment in compensation. In the event that the project is delayed by Client and such delay exceeds 30 days, ProSource shall be entitled to an extension of time equal to the delay and an equitable adjustment in compensation. 5. TERMINATION /SUSPENSION. Either party may terminate this Agreement upon 30 days written notice to the other party. Client shall pay ProSource for all Services, including any expenses, incurred prior to termination. In the event that either party defaults in its obligations under this Agreement (including Clients obligation to make the payments required hereunder), the non-defaulting party may, after 7 days written notice stating its intention to _~ _vc._.~, a. .. t~,. n :r M1C ,.I.. ,]„4;..74 rtf o~ «a a;i; „ri, .,r; a.i n~ sllJpcliU pcu. w.uidn Ge i,inucr trio r~grcc.iiic"i~t a Gurv v,. sup.,,. u,,,auu i> riv, Cviiiriie nC~.u auu u,,,ge,,.,y' :.w...... a... , .,.. failure of the defaulting party to commence cure within such time limit and diligently continue, suspend performance under this Agreement. 6. OPINIONS OF CONSTRUCTION COST. Any opinion of construction costs prepared by ProSource is supplied for the general guidance of the Client only. Since ProSource has no control over the competitive bidding or market conditions, ProSource cannot guarantee the accuracy of such opinions as compared to contract bids or actual costs to client. 7. RELATIONSHIP WITH CONTRACTORS. ProSource shall serve as Client"s professional representative for the Services, and may make recommendations to Client concerning actions relating to Client's contractors, but ProSource specifically disclaims any authority to direct or supervise the means, methods, techniques, sequences, or procedures or construction selected by Client's contractors. ~. CONSTRUCTION/CONTRACTOR O~ERSIG~IT. For projects involving construction or contractor oversight, Client acknowledges that under generally accepted professional practice, interpretations of construction documents or field plans in the field are normally required, and that performance of construction-related. services by the design professional for the project permits errors or oanissions to be identified and corrected at comparatively low cost. Client agrees to hold ProSource harmless from any claims resulting from performance of construction-related or contractor oversight services by persons other than ProSource. ProSource Technologies, Inc. January 16, 2007 New Municipal Off Sale Liquor Stores Columbia Heights, Minnesota Page 5 9. INSURANCE. ProSource will maintain insurance coverage for Comprehensive General, Automobile and Worker's Compensation in amounts in accordance with legal, and ProSource's business, requirements. Certificates evidencing such coverage will be provided to Client upon request. 10. INDEMNITIES. To the fullest extent permitted by law, ProSource shall indemnify and save harmless Client from and against loss, liability, and damages sustained by Client, its agents, employees, and representatives by reason of injury or death to persons or damage tv tangible ptuperiy to tlic cxtciit caused directly b-y the will,ul misconduct or failure to adhere to the standard of care described in Paragraph 1 above of ProSource, its agent or employees. To the fullest extent permitted by law, Client shall defend, indemnify, and save harmless ProSource, its agents, employees, and representatives from and against loss, liability, and damages (including reasonable litigation costs) arising from or relating to claims for injury or death to persons, damages to tangible property, or other losses, alleged to be caused by any of the following: (a) any substance, condition, element, or material or any combination of the foregoing (i) produced, emitted or released from Project (ii) tested by ProSource under this Agreement, or ('iii) used or incorporated by ProSource in the Services; or (b} operation or management of the Project. Client also agrees to require its constractior. contractor, if any, to include ProSource as an indemritee under indemnification obligation to Client. 11. LIMITATIONS l7-F LIABILITY. No employee or agent of ProSource shall have individual liability to Client. Client agrees that, to the fullest extent permitted by law, ProSource's liability to Client for any and all injuries, claims, losses, expenses or damages whatsoever arising out of or in any way related to the Project or this Agreement from any causes including, but not limited to, ProSource's negligence, errors, omissions, strict liability, or breach of contract shall not exceed the total compensation received by ProSource under this Agreement. If Client desires a limit of liability greater than that provided above, Client and ProSource shall include in Part III of this Agreement the amount of such limit and the additional compensation to be paid to ProSource for assumption of such additional risk. IN NO EVENT AND UNDER NO CIRCUMSTANCES SHALL PROSOURCE BE LIABLE TO CLIENT FOR CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, OR PUNITIVE DAMAGES. 12. ACCESS. Client shall provide ProSource safe access to any premises necessary for ProSource to provide services. I3. REI15E OF' PR€2J1'~;C:"I' DEI.IVERAI3I,;~;S. Reuse of any documents or other deliverables, including electronic media, pertaining to the Project by Client for any purpose other than that for which such documents or deliverables were originally prepared, or alteration of such documents or deliverables without written verification or adaptation by ProSource for the specific purpose intended, shall be at the Client's risk. Client agrees to defend, indemnify, and hold harmless ProSource from all claims, damages, and expenses (including reasonable litigation costs), arising out of such reuse or alteration by Client or others acting through Client. 14. AMENDMENT. This Agreement, upon execution by both parties hereto, can be amended only by a written instrument signed by both parties. I5. ASSIGNMEN'~. Except for assignments (a} to entities which control, or are controlled by, the parties hereto ar (b} resulting from operation of law, the rights and obligations of this Agreement cannot be assigned by either party without written permission of the other party. This Agreement shall be binding upon and inure to the benefit of any permitted assigns. ~~< ~~'A~'U~E+ ~ E I,I I'I'A~'I N, To the fullest extent permitted by law, parties agree that, except for indemnification, the time period far bringing claims under this Agreement shall expire one year after Project completion. ProSource Technologies, Inc. January 1.6, 2007 Neu Il~Iunicipal Off Sale Liquor Stares Columbia Heights, Minnesota Page 6 17. PREVAILING PARTY LITIGATION COSTS. In the event any actions are brought to enforce this Agreement, the prevailing party shall be entitled to collect its litigation costs from the other party. 18. NO WAIVER. No waiver by either party of any default by the other party in the performance of any particular section of this Agreement shall invalidate any other section of this Agreement or operate as a waiver of any future default, whether like or different in character. 19. NO THIRD-PARTY BENEFICIARY. Nothing contained in this Agreement, nor the performance of the parties hereunder, is intended to benefit, nor shall inure to the benefit of, any third party, ine1uding Client's contractors, if any. 20. SEVERABILITY. The various terns, provisions and covenants herein contained shall be deemed to be separate and severable, and the invalidity or unenforceability of any of them shall not affect or impair the validity or enforceability of the remainder. 21. AUTIIORI7['Y. The persons signing this Agreement warrant that they have the authority to sign as, or on behalf of, the party for whom they are signing. ProSource Technologies, Inc. January 16, 20Q7