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
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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
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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