HomeMy WebLinkAboutContract 2218o
Materials Technology
Stork Twin City Testing Corporation
August 19, 2009
Kevin Hansen
City of Columbia Heights
637 38th Avenue NE
Columbia Heights, MN 55421
(email: Kevin.Hansen(a~ci.columbia-heights.mn.us}
Material Testing •Non-Destructive Testing
Product Evaluation • Construction Materials
662 Cromwell Avenue
St. Paul, MN 55114
USA
Telephone (651) 645-3601
Telefax (651) 659-7348
Website : www.storktct.com
2298
RE: Proposal for Geotechnical Drilling Services
City of City of Columbia Heights
Gateway Pedestrian Bridge
Central Avenue (TH 65) at 49th Avenue (CSAH 4)
INTRODUCTION
Stork Twin City Testing Corporation thanks you for the opportunity to submit this
proposal for geotechnical exploration services for the proposed Gateway Pedestrian
Bridge project in the City of Columbia Heights. We have completed numerous projects
with a similar scope and are familiar with the tasks involved to complete these services
of this project.
SCONE OF ll1lORK
Based on our review of the project scope, the following is a brief overview of the
included services.
Review 6 borehole locations and perform Gopher-State-One-Call utility clearance
to locate public utilities within the drilling area. It appears that most of the work
would take place in the right-of-way of TH 65. Property owner should mark any
private utilities within the drilling area not located by Gopher-State-One-Call. If
the property owner cannot locate private utilities a Private Locator may have to be
retained to mark private utilities if needed at a cost of $95/hour. We were
informed by the City that boring locations would be designated by the Engineer
with two borings in the location of the new bridge abutments and four borings will
be at the two ramp locations.
2. Explore the subsurface soil and groundwater conditions by drilling two (2)
standard penetration test (SPT) soil borings each to a unit depth of 50' at
abutments, and four (4) SPT borings to a depth of 30 feet at ramp locations using
an all-terrain mounted drill rig. We recommend extending the ramp borings to a
depth of 40' and extending the bridge abutment borings to a depth of 80' to
provide an adequate deep foundation option per LRFD design requirements.
Client to provide access to boring locations.
Siork Twin City Testing Corporation is an operating unit of Stork Materials Technology B.V., Amsterdam, The Netherlands, which is a member of the Stork group
i
Materials Technology
Proposal for Geotechnical Drilling Services
City of Columbia Heights
Page 2 of 3
3. Perform laboratory review of soil samples by geotechnical engineer to check
classification. Laboratory tests including moisture content will be performed on
cohesive soil samples retrieved from the SPT borings.
4. Prepare an engineering report including logs of borings including soil and
groundwater conditions, standard penetration readings, a site plan showing the
approximate boring locations, along with recommendations for foundation
support of the abutments and ramps.
FIELD WORK
The boring work and laboratory testing will be in general accordance with the applicable
American Standards for Testing and Materials (ASTM) procedures. The soils will be
visually and manually classified in the field and then in the laboratory by a geotechnical
engineer. The borings will extend to a depth as indicated and the locations will be those
shown on the boring location plan. The bore holes may extend deeper if suitable
subsoils are not encountered. Prior to drilling we will clear public utilities with Gopher
State One Call. The owner should mark any private buried lines. If the property owner
cannot locate private utilities a Private Locater may have to be retained to mark private
utilities if needed at a cost of $95/hour.
GEOTECHNICAL REVIEW/REPORT
We would publish a report to you and the parties you designate including soil boring
logs, description of the soil and groundwater conditions along with geotechnical
engineering recommendations and opinions. The report will present our
recommendations for foundation support of the abutments and ramps.
COST
The fee for the soil borings and geotechnical report is outlined below:
Gopher State One-Call Utility Locates,
Mobilization drill rig & crew, site review,
Drilling and sampling 2 borings to 50' and 4 borings
to 30' (220' total}, Demobilization,
Laboratory soil sample review, Moisture content
testing of cohesive soils, Project Management
and Formal Geotechnical Report Lump Sum $ 3,500.00 * See Below
Stork Twin City Testing Corporation
We recommend deeper soil borings are performed to evaluate piled foundation option as
discussed above. The additional 100' total of drilling spread over the six borings would
cost $1,200.00 bringing the total estimated project cost to $ 4,700.00.
i
Materials Technology
Proposal for Geotechnical Drilling Services
City of Columbia Heights
Page 3 of 3
These costs do not include the cost of a private locator. Private locator costs if needed
are at a rate of $95.00/Hour.
Our drill truck may cause minor damage to the surface while drilling in "green" areas
especially in wet conditions. We will utilize our ATV rig to try our best to minimize such
damage. This quote does not include repairing damage caused to the surface by our
drill rig.
Additional boring depth if needed and authorized by client would be at a rate of
$14.00/foot.
This price is valid for thirty days from date above. Invoices are due upon receipt. A late
payment FINANCE CHARGE will be charged at the periodic rate of 1.5% per month (or
the maximum allowed by law) on any balance remaining unpaid 30 days after the date of
the invoice.
REMARKS
This estimate covers the work needed to perform the soil exploration, obtain field
samples, and prepare a geotechnical report. If this proposal is acceptable, please sign
one of the enclosed copies and return it for our files. Thank you for the opportunity to
be of service. We look forward to working with you on this project. If you have any
questions, please call Mark Straight at (651) 659-7447.
Respectfully submitted,
ST R IN CI Y TESTING CORPORATION
~~
~~ ~ ~
ark tai Kevin Zalec, E.I.T.
Seni r roject Engineer Staff Engineer
By signing this Agreement, Client assents to the terms and conditions set forth above
and attached.
ACCEPTCn.
Client:
Author
Typed Name: ,/ WA~..,T FEHST, CITY MAN
Date:
Stork Twin City Testing Corporation
F:\BMC\GEO\MAS\f°ROPOS~4L\2009 Geo Proposals\Borings City of Columbia Heights August 19 2009.doc
GENERAL TERMS AND CONDITIONS OF SALE AND PERFOI2:MANCE OF TESTING SERVICES
BY STORK TWIN CITY TESTING CORPORATION,
a North Carolina business corporation ("TCT") dated OS/O1/2001
I. Application; Formation of Contract. These General Terms and
Conditions of Sale and Performance of Testing Services (the "Terms and
Conditions") shall apply to all acts in respect of the purchase and sate of
testing and other services (the"Work") pursuant to any contract (a
"Contract") to which these Terms and Conditions are made applicable.
The submission by a parry ("Customer") of any sample to TCT for testing
or similar services shall, upon acceptance of such sample by TCT for such
services, constitute an express Contract to which these Terms and
Conditions apply. All orders for Work are subject to TCT's approval and
acceptance.
2. Modification and Waiver; Other Terms. No provision in these
Terms and Conditions tnay be varied or waived except by a writing
specifically describing such variance or waiver signed by an officer of
TCT. TCT's acceptance or acknowledgement, even if in writing and
signed by TCT, of Customer's purchase order or any other document
pertaining to the Work shall not be deemed an acceptance of any
provision of Customer's purchase order or any other document that
conflict"s with or adds to these terms and conditions, absent a separate
agreement ih writing signed by TCT expressly acknowledging and
agreeing to such provisions. [T IS EXPRESSLY UNDERSTOOD
AND AGREED THAT IN THE EVENT TERMS AND
CONDITIONS SET FORTH [N ANY ORDER FORM, PURCHASE
REQUEST OR CONFIRMATION PROVIDED BY CUSTOMER
ADD TO OR CONFLICT WITH THESE TERMS AND
CONDITIONS, THESE TERMS AND CONDITIONS SHALL
PREVAIL AND GOVERN. TCT'S ACCEPTANCE OF A
CONTRACT TO PERFORM WORK IS EXPRESSLY
CONDITIONAL ON CUSTOMER'S AGREEMENT AND ASSENT
TO THESE TERMS AND CONDITIONS.
3. Prices for the Work: Payment Prices quoted by TCT for the Work
are solely for the performance of the Work and do not include freight,
insurance, inspection or packaging charges, warehousing or storage costs,
or any sales, use, excise, customs duties, or other taxes or fees ("Costs").
Unless TCT expressly agrees in writing to pay such Costs, all such Costs
are to be paid by Customer and any Costs paid by TCT shall promptly be
reimbursed by Customer. A minimum charge of $35.00 applies to each
sample submitted unless a blanket purchase order specifying different
pricing bas been submitted and accepted. Written and cral quotations are
subject to withdrawal by TCT by notice at any time, and, in any event,
shat( be valid only for thirty (30) days from the date thereof.
Payment is due in cash as specified in TCT's quotation, proposal or order
confirmation and, unless otherwise expressly agreed to in writing by TCT,
payment is due in U.S. dollars only. If not specified therein, payment is
due in cash upon completion of the Work; provided, however, that if the
Contract involves a series of tests or other events of partial performance,
TCT may invoice, and Customer shall pay for, each such test or part on a
pro rata basis. If performance is delayed by Customer or other causes
beyond TCT's reasonable control, TCT may submit invoices, and
payment shall become due, as if the Work had been completed as
scheduled. [f such delay is caused by Customer, Customer shall
additionally pay all reasonable warehousing and other expenses and Costs
of TCT incident to such delay in shipment.
.The net amount for services performed pursuant to these Terms and
Conditions shall be due in full, without discount, within thirty (30) days
of invoice, unless otherwise stated. If payment in full is not made when
due, interest shall accrue on the unpaid balance at the lesser of (i) the rate
of l%% per month (18% per annum) or (ii) the maximum rate permitted
under applicable law. Customer agrees to pay reasonable attorneys' fees
incurred by TCT in the collection of past due invoices and account
balances.
If TCT at any time determines in its sole judgment that there are
reasonable grounds for insecurity with respect to Customer's payment for
the Work or any other obligation of Customer set forth in the Contract or
C\DOC[JME-1\mgaswil000AIS-I \Temp\notcsEl EF3~t\TERMS & CONDFrtONS TCTI doe
in these Terms and Conditions, TCT may require adequate assurance of
due payment or other performance, such as payment in cash or
satisfactory security, and until TCT receives such assurance, TCT tray
suspend any performance for which it has not already received payment.
4. Completion of Work; Limited Warranty. TCT warrants that it will
complete the Work in a satisfactory and workmanlike manner consistent
with industry standazds. TCT will exercise commercially reasonable
efforts to complete the Work and provide a report thereon by any date
reasonably requested in writing by Customer, but shall not be liable For
any delay in the performance of projects nr in the delivery or shipment
of goods, or for any damages suffered by the client by reason of such
delay. TCT's performance of any and all Work is subject to TCT's
curent facility schedules, governmental priorities, and other government
regulations; purchase ordets, directions, and restrictions that-may be in
effect from time to time.
EXCEPT AS EXPLICITLY SET FORTIi [N THIS PARAGRAPH 4,
TCT MAKES NO OTHER WARRANTY, WHETHER EXPRESS,
IMPLIED OR STATUTORY, AND ALL SUCH WARRANTIES
AItE HEREBY EXPRESSLY EXCLUDED.
TCT's warranty shall not apply to any portion of the Work performed by a
party other than TCT except to the extent that any such third party has
wananted such performance to TCT and is liable to TCT under such
warranty.
No employee, agent or other person is authorized to give any watranues
on behalf of TCT in addition to or different from those herein given, or to
assume for TCT any other liability in connection with the Work except in
a writing which is signed by an authorized officer of TCT, which
expressly elves such wananties or assumes such liability, and which is
made part of the Contract pursuant (o paragraphs I and 2 above.
5. Customer's Property. Whenever TCT is provided in writing
detailed instmetions as to the treatment and handling of Customer's
property, TCT will exercise cotrunercially reasonable efforts [o comply
with such instructions. Type of material, tolerances and specifications
for processing shall be declared in writing by Custoter prior to TCC's
commencing any Work or shall be deemed not to have been known by
TCT_
Testing services supplied by TCT are generally considered to be
destructive. Under special conditions, some testing may be performed
without destroying samples. However, by submitting components or
samples to TCT, Customer expressly agrees that all material submitted
may be destroyed . TCT will not be responsible for any costs or losses
resulting from destruction of Customer's property submitted to TCT
unless both the written Contract and Customer's property are clearly
mazked "Do Not Destroy." [f the Contract and Customer's property are
not so marked, TCT shall have no liability for damage to Customer's
property. tf the Contract and Customer's property are so marked, TCT's
liability for damage to Customer's property is limited to the lesser of (i)
the value of Customer's property or (ii) the cost of the Work performed
on the damaged property pursuant to [he Contract. Under no conditions
wilt TCT be responsible for any additional costs or damages, including
consequential damages and indirect costs or losses, resulting from
destruction of Customer's progeny. By submitting property [o TCT,
Customer acknowledges and agrees to these limitations and
acknowledges and agrees that TCT bases its price for the performance of
Work on the existence and enforceability of such limitations.
6. Shipping. TCT will at Customer's reasonable request act as a
shipping agent for the return of Customer's property after performing the
Work. As Customer's agent, TCT will contract for common canier
delivery as requested in writing by Customer. Under no conditions will
TCT have any liability for any item so shipped. Insurance will be
purchased for common carrier shipping only when requested in writing
by Customer and when declared value is indicated, and the failure of
TCT to purchase insurance shall not result in any liability on the part of
TCT. Customer may be billed directly by commercial tamers for freight
and Customer shall make alt claims for property damaged in transit
directly and solely against such freight carriers.
7. Title; Security Agreement. Title to Customer's property and all risk
of loss or dunage to such property shall remain with Customer at all
times. Customer hereby grants to TCT a security interest in all of
Customer's property provided to TCT for testing or other services under
the Contract to secure the payment of the purchase price for the Work and
other fees or charges due TCT hereunder. Customer will not be entitled to
the return of its property, and after such return shaft not be entitled to
transfer or encumber the property upon which Work is performed, until all
sutras due and owing to TCT have been paid. Customer shall execute and
deliver any financing statements or other documents that TCT reasonably
requests for the perfection of TCT's security interest in Customer's
property and Customer shall do all other acts necessary for the perfection
and preservation. of this security interest.
8. Customer's Remedies. "the sole and exclusive remedy of Customer
and its customers, agents and other affiliates in respect of any claim
against TCT based on or relating to any claimed defect in the Work or
otherwise relating lathe Work, the Contract, or these Terms and
Conditions, whether such claim is based upon contract, tort, professional
errors or omissions, strict liability or negligence, and whether such claim
is for property damage, personal injury, commercial loss or other
monetary loss, shall be (i) upon the return, restoration, or replacement by
Customer of Customer's property upon which the Work was performed,
the re-performance o(any defective portion of the Work, or (ii) at TCT's
option, a refund or credit to Customer in the amount of the price paid for
the defective portion of the Work Customer's remedies hereunder shall
only be available if (i) TCT has been paid in full for the Work pursuant [o
paragraph 3 above; (ii) TCT is notified in detail, in writing, of the claimed
defect or other claim within twenty days of Customer's discovery thereof
and within ninety days after the compteiion of the Work; and (iii} TCT is
permitted to inspect any and al! property with respect to which the. Work
is claimed to have been defective or to which Customer's claim otherwise
relates.
EXCEPT AS SPECIFICALLY SE"p FOR"fH IN THIS SECTION 8,
TCT SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE
DIRECTLY OR INDIRECTLY ARISING FROM tTS
P ERFORl`rtANCE OF TIIE :'FORK, INCLUDING WITHOUT
LIMITATION ANY DAMAGE TO CUSTOMER'S PROPERTY.
TCT SHALL IN NO EVENT BE LIABLE FOR ANY LOSS OR
DAMAGE ARISING FROM "CHE USE OF PROPERTY UFON
WHICH THE WORK IS PERFORMED OR ANY SIMILAR
PROPERTY OR FOR ANY SPECIAL, INCIDENTAL, OR
CONSEQUENTIAL DAMAGES WHATSOEVER. IN NO EVENT
SHALL TCT 6E LIABLE FOR ANY DAMAGES ABOVE THE
COST OF THE WORK, WHETHER SUCH DAMAGES SHALL
ARISE FROM BREACH OF THIS CON'CRACT, OR IN TORT, OR
OTHER WISE.
9. Cancellations. A purchase order or other Contract for Work once
placed with and accepted by TCT can be cancelled, in whole or in part,
only with the written consent of TCT. If Customer cancels without TCT's
consent, Customer shall be liable for the full price of the Work, less any
actual third patty expenses saved by TCT in not having to perform the
Work, as reasonably determined by TCT in its sole discretion.
10. Court and Other Proceedings. The nature of TCT's services will,
from time to time, require employees of TCT to present the results of
TCT's findings in depositions, court proceedings or other forums. In
such cases, the Customer will be charged, in addition to the agreed upon
price for the Work, TCT's usual and customary costs and fees for such
presentations and the preparation thereof according to TCT's then-
current fee schedule. [f TCT is subpoenaed by a party other than
Customer, the total costs and fees associated with the preparation and
testimony will be charged to the Customer, inespective of whether
payment has previously been made on the Work and Customer's file is
closed. TCT wilt at Customer's written request attempt to have these
costs and fees reimbursed by the party issuing the subpoena; however, if
such party does not reimburse TCT, such costs and fees wilt be the
responsibility of Customer. Customer agrees to pay any such costs and
fees, irrespective of whether it is anticipated at the time of the Contract
that TCT will be called upon to present the results of its findings in
depositions, court pwceedings or other forums.
11. Force Majeure. The parties hereto shall be excused from the duty
to render timely performance of any obligation hereunder if such inability
to perform is caused directly or indirectly by act of God, flood, war, riot,
accident, explosion, strikes or labor trouble, act of government, delay or
default by subcontractor or supplier of materials or services, the existence
of any circumstance making performance comtnercialty impracticable or
any other cause beyond the party's reasonable control; provided, however,
that the obligation to make payments due under this agreement shaft not
be excused for any reason, including the foregoing.
12. Waiver- of GompGance. Waiver.by. either party hereto of a-breach
by the other party of any of the provisions of these terms and conditions
shall aot be deemed a waiver of future compliance therewith, and such
provisions shall remain in full force and effect.
13. Severabitity. If any provision or remedy herein provided for be
invalid under any applicable taw, the retraining provisions hereof,
including remaining default remedies, shall be given effect in accordance
with the intent hereof.
14. Governing Law. This agreement shall be governed by and
construed under the laws of the State of North Carolina and the United
States of America.
15. Arbitration. Any controversy or claim arising out of or relating to
this agreement, or any breach thereof, shall be settled by arbitration in
accordance with the Rules of the American Arbitration Association, and
judgment upon the award rendered by the Arbitrators} may be entered in
any court having jurisdiction thereof. The situs of said arbitration shall be
Charlotte, Norih Carolina. Any demand Cor arbitration by either pary
hereunder trust be delivered in writing to the other party.
16. Export Control Laws and Regulations. All parties shall comply
with all export control laws and regulations (including, but not limited
to, the CJ.S. Export Administration Regulations and the U.S.
International T taffic in Anns Regulations) to the extent applicable to the
Parties' respective activities under this Agreement The Receiving Party
shall control access to any technical data disclosed under this Agreement
in accordance with all U.S. export laws and regulations including,
without limitation, confining the disclosure of any such technical data to
U.S. persons unless disclosure to foreign persons is specifically
authorized and appropriately licensed by the proper U.S. government
agency. The Receiving Party shall limit dissemination of technical data
to its employees who have a need to know as it relates to the Purpose of
this Agreement and who have agreed to abide by the Export Control
provisions contained herein, and who are U.S. citizens or permanent
resident Aliens (or who are otherwise authorized to receive such
Information pursuant to this Agreement and U.S. Export Laws). The
Receiving Party shall exercise the same care to protect any and all
technical data embodying or setting forth all or part of the technical data
as it uses to protect its own technical data, but in no case less than
reasonable care to assure proper control and security of such information
and documentation.
COtvTpANY DATAW i 1\TERMS & CONDITIONS TCT-1)OC
CERTIFICATE OF LIABILITY INSURANCE
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722515-TWIN-GAEWP-09-10 INSURERS AFFORDING COVERAGE ~ NAIC #
INSURED INSURER A; ZUfICh AmerlCan InsuranDe Company 16535
STORK TWIN CITY TESTING CORP.
DIVISION OF STORK UNITED LLC
662 CROMWELL AVE INSURER B: (.J//~ N/A ~I
ST. PAUL, MN 55114 INSURER c: National Union Fire Ins Co Pittsburgh PA 19445
INSURER D: New Hampshire Insurance Company 23841
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PRO PRODUCTS -COMP/OP AG $ 1,000,000
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ANY AUTO
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(Per person) $
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NON-OWNED AUTOS
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ANY AUTO OTHER THAN EA ACC $
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EXCESS /UMBRELLA LIABILITY I EACH OCCURRENCE
v $
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RETENTION $
WORKERS COMPENSATION AND
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2921072
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CITY OF COLUMBIA HEIGHTS IS INCLUDED AS ADDITIONAL INSURED AS RESPECTS THE GENERAL LIABILITY POLICY REFERENCED HEREIN, AS
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