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HomeMy WebLinkAbout2017-2832AMERICAN ENGINEERING TESTING, INC. November 21, 2017 City of Columbia Heights Public Works Department 637 38 "' Avenue NE Columbia Heights, MN 55421 Attn: Mr. Kevin Hansen (Khansen@columbiaheiphtsmn.gov) Ms. Kathy Young (Kyoung a,columbiahei htsmn.g_o_v) RE: Proposal for Soil Borings with Sediment Sampling and Testing 37t" Avenue, between University Avenue (TH 47) and 5"' Street City of Columbia Heights, Minnesota AET Proposal No. 20 -16337 Dear Mr. Hansen: 2017 -2832 CONSULTANTS ENVIRONMENTAL GEOTECHNICAL MATERIALS FORENSICS American Engineering Testing, Inc. is pleased to offer you subsurface exploration and geotechnical /environmental review services for the above - referenced project. This proposal is being submitted per the request of the City of Columbia Heights (the City), dated November 14, 2017. This proposal defines our scope of services, and presents you with an estimate of our fee, the anticipated schedule, and other information regarding our services. Purpose of Studv The purpose of these geotechnical and environmental services is to explore the subsurface conditions at the site for storm sewer structure and pipe replacement during the milling and overlay of 37th Avenue; and based on our characterization of the obtained data, to prepare a report presenting comments and recommendations to assist you and your project team in planning and construction. Project Information AET understands that the City is planning a minor storm structure and pipe replacement on 37th Avenue between 5th Street and University Avenue as part of a larger mill and overlay project. The City has selected two soil boring locations on 37th Avenue for investigation of possible foundry slag and other contaminants, as well as determination of thickness of bituminous and aggregate sections. 550 Cleveland Avenue North j Saint Paul, MN 55114 Phone (651) 659 -9001 (800) 972 -6364 ! Fax (651) 659 -1379 ! www.amengtest.com ; AA/EEO This document shall not be reproduced, except in full, without written approval from American Engineering Testing, Inc. 37111 Ave Soil Borings with Sediment Sampling & Testing — City of Columbia Heights, MN AET Proposal No. 20 -16337 November 21, 2017 Page 2 of 4 Scope Fieldwork As requested by you, our subsurface exploration program will consist of the following: • Arrange clearance of underground public utilities through the Gopher State One -Call System. • Arrange Traffic Control for the duration of boring activity on 37th Avenue through Primoris Services Corporation. We assume the City will provide no parking signs on at least one side of 37th Avenue to accommodate the lane reduction near the centerline during our field work. • Advance two Geoprobe® borings to 10 feet below ground surface at the locations pre- selected by the City and sample the soils continuously following AET's current environmental sampling protocol. • Log soil samples recovered from the soil borings and observe for the presence of obvious indications of contamination such as staining, odors and /or debris. • Screen recovered soil samples with a photoionization detector (PID) for the presence of organic vapors. • Visually inspect and classify the retrieved soil samples per the Unified Soil Classification System (USCS), as well as the depth of bituminous and aggregate material. • Collect one discrete soil sample from each soil boring at approximately two -feet intervals down to 10 feet below ground surface (10 samples total) for possible analytical testing of diesel range organics (DRO), polynuclear aromatic hydrocarbons (PAHs), Resource Conservation and Recovery Act (RCRA) metals, and volatile organic compounds (VOCs) if PID results are measured above 2 parts per million by volume (ppm). The samples are viable for 10 -14 days past collection date. • Seal the boreholes per Minnesota Department of Health requirements. • Document soil boring locations using a hand -held, sub -meter accuracy global positioning system (GPS) unit. • Discuss field observations and field testing results with the City after fieldwork is completed. • Submit select soil samples to a fixed -based laboratory for analytical. testing upon request. • Prepare a written report to describe the results of our Geoprobe® soil borings and environmental soil screening services. Traffic controls will be placed in accordance with the requirements of the MnDOT Traffic Control Manual. If requested AET or our traffic control subcontractor can provide a formal Traffic Control Plan, however this proposal does not include costs for a formal plan to be submitted to the City. The borings are planned to be drilled with a 1 -ton drill rig vehicle. No road surface restoration will be conducted except for placing temporary asphalt patch materials in the holes left in the pavement by drilling activities after sealing the boreholes. 37th Ave Soil Borings with Sediment Sampling & Testing – City of Columbia Heights, MN AET Proposal No, 20 -16337 November 21, 2017 Page 3 of 4 Soil Laboratory Testing At this time, conditions are unknown and our services do not include a laboratory testing budget. If conditions are encountered which indicate a laboratory program should be performed to aid evaluation of an approach which may benefit you, we will review the recommended tests and associated costs with you prior to proceeding. Report Following the field and laboratory services, a formal report will be prepared and submitted. This report will include logs of the Geoprobeg soil borings, a review of the on -site soils, environmental conditions observed and screened, and our recommendations regarding pipe bedding. Schedule Field activities will be scheduled upon your approval. Based on our current schedule, we anticipate that field activities could start December 7, 2017 if we receive authorization to proceed by end of business on November 22, 2017; otherwise the schedule would depend on the availability of the drill rig and operator at that time. Standard laboratory turnaround time is ten business days. The written report should be available within two weeks of our receipt of the final analytical reports. Please contact us if you need expedited schedules, which may affect laboratory rates. Estimated Fees The scope of services described herein will be performed on a lump sum basis as follows: • Gopher State One -Call utility locates and boring marking $ 156.00 • Traffic Control (Primoris Services Corporation Estimate) $ 175.00 • Mobilization of drill rig, 2 Geoprobe0 borings for 20 lineal feet of drilling, backfilling/grouting per MDH guidelines, equipment cleaning $ 950.00 • Sample logging and testing $ 550.00 • Boring log typing and report preparation $ 800.00 Lump Sum Fee $ 2,631.00 We will establish $2,631.00 as a lump sum fee for the scope of services described above. In the event the scope of our services needs to be revised due to unanticipated conditions or for proper evaluation, we will review such adjustments and the associated fees with you; and receive your approval before proceeding. Terms and Conditions All AET Services are provided subject to the Terms and Conditions set forth in the enclosed Environmental /Geotechnical Service Agreement—Terms and Conditions, which, upon acceptance of this proposal, are binding upon you as the City requesting Services, and your successors, assignees, joint venturers and third -party beneficiaries. Please be advised that additional insured status is granted upon acceptance of the proposal. 37"' Ave Soil Borings with Sediment Sampling & Testing — City of Columbia Heights, MN AET Proposal No. 20 -16337 November 21, 2017 Page 4 of 4 Acceptance AET requests written acceptance of this proposal in the Proposal Acceptance box below, but the following actions shall constitute your acceptance of this proposal together with the Terms and Conditions and Amendments: 1) issuing an authorizing purchase order for any of the Services described above, 2) authorizing AET's presence on site or 3) written or electronic notification for AET to proceed with any of the Services described in this proposal. Please indicate your acceptance of this proposal by signing below and returning a copy to us. When you accept this proposal, you represent that you are authorized to accept on behalf of the City. Remarks The estimated total cost and the terms of this document will be valid for 60 calendar days from the date of this proposal. After that time, if not authorized, we reserve the right to renegotiate any and all aspects of this proposal. We appreciate the opportunity to submit this proposal to you and look forward to working with you on this project. If you have any questions regarding our services, or need additional information, please contact us. Sincerely, American Engineering Testing, Inc. itohammed Staff Engineer Phone: (612) 600 -7860 Email: mkhan@amengtest.com Brian Arman Senior Project Manager Phone: (612) 685 -6571 Email: barman c ,amengtest.com Attachments: Environmental /Geoteclmical Service Agreement -Terms and Conditions AET PROPOSAL No.: 20 -16337 ACCEPTANCE AND AUTHORIZATION Signature Date / o� Typed /Printed Name: Walt Fehst, City Manager Company: City of Columbia Heights AMERICAN CONSULTANTS ENGINEERING • ENVIRONMENTAL ' GEOTECHNICAL INC. TESTING, MATERIALS FORENSICS Dear Client, The following paperwork is enclosed: 1. AET's Proposal With Terms and Conditions (Please sign and return to your AET contact) 2. Proof of Insurance (Please give to your accounting department) 3. W9 (Please give to your accounting department) * * *If your company is South Dakota or Iowa Sales Tax exempt, please send your tax exempt certificate back with your signed proposal. Please let me know if you have any questions and thank you for choosing AETI Thank you, Robert Krogsgaard CFO, American Engineering Testing This document shall not he reproduced, except in full, without written approval of American Engineering Testing, Inc 550 Cleveland Avenue North • St. Paul, MN 55114 Phone 651- 659 -9001 • Toll Free 800 - 972 -6364' Fax 651- 659 -1379 • www.amengtest.com Offices throughout Florida, Minnesota. South Dakota & Wisconsin AN AFFIRMATIVE ACTION AND EQUAL OPPORTUNITY EMPLOYER ENVIRONMENTAL/ GEOTECHNICAL SERVICE AGREEMENT -TERMS AND CONDITIONS Page 1 of 4 SECTION 1- RESPONSIBILITIES 1_1 - This Service Agreement — Terms and Conditions ( "terms and conditions ") is applicable to all Services provided by American Engineering Testing, Inc. (AET). As used herein "Services" refers to the scope of services described in the proposal submitted by AET to Client. The proposal, these terms and conditions and any appendices attached hereto shall comprise the Agreement between AET and Client for Services described in the proposal and are binding upon the Client, its successors, assignees, joint ventures and third -party beneficiaries. AET requests written acceptance of the Agreement but the following actions shall also constitute Client's acceptance of the Agreement: 11 issuing an authorizing purchase order, task order or service order for any of the Services 2) authorizing AET's presence on site or 31 written or electronic notification for AET to proceed with any of the Services. Issuance of a purchase order, task order or service order by Client which contains separate terms and conditions will not take precedence or modify the terms and conditions contained in this Service Agreement. 1_2 — Prior to AET performing Services, Client will provide AET with all information that may affect the cost, progress, safety and performance of the Services. This includes, but is not limited to, information on proposed and existing construction, all pertinent sections of contracts between Client and property owner, site safety plans or other documents which may control or affect AET's Services. if new information becomes available during AET's Services, Client will provide such information to AET in a timely manner. Failure of Client to timely notify AET of changes to the project including, but not limited to, location, elevation, loading, or configuration of the structure or improvement will constitute a release of any liability or indemnity obligations of AET for loss or damages related to such changes. Client will provide a representative for timely answers to project - related questions by AET. 1_3 - AET is responsible only for performance of the Services. AET will not be held responsible for work or omissions by Client or any other party working on the project. The Services do not include construction management, general contracting or surveying services. AET will not be responsible for directing or supervising the work of other parties, unless specifically authorized and agreed to in writing. 1_4 — Client acknowledges the limitations inherent in sampling to characterize buried subsurface conditions. Variations in soil conditions occur between and beyond sampled /tested locations. The passage of time, natural occurrences and direct or indirect human activities at the site or distant from it may alterthe actual conditions. Client assumes all risks associated with such variations in soil and subsurface conditions. 1_5 - AET is not responsible for interpretations or modifications of AET's recommendations by other persons. 1_6 - Should changed conditions be alleged, Client agrees to notify AET before evidence of alleged change is no longer accessible for evaluation. 1_7 — Pricing in the proposal assumes use of these terms and conditions. AET reserves the right to amend pricing if Client requests modifications to the Agreement or use of Client's alternate contract format. Any contract amendments made after Client has authorized the Services shall be applicable only to Services performed after the effective date of such amendment, The proposal and these terms and conditions, including terms of payment, shall apply to all Services performed prior to the effective date of such amendment. 1_8 - The AET proposal accompanying these terms and conditions is valid for ninety (90) days after the proposal issuance date to the Client. Any attempt to authorize Services after the expiration date is subject to AET's right to revise the proposal as necessary. SECTION 2 - SITE ACCESS AND RESTORATION 2.1 - Client will furnish AET safe and legal site access. 2_2 Client acknowledges that in the normal course of its Services, AET may unavoidably alter existing site conditions or affect the environment in the area being studied. AET will take reasonable precautions to minimize alterations to the site or existing materials. Restoration of the site is the responsibility of the Client. SECTION 3 - UNDERGROUND UTILITY AND STRUCTURE CLEARANCE 33.1 - Borings, excavations and other penetrations must be located at safe distances from underground utilities or other man -made objects. Client shall advise AET of all utilities that service or are located on the site, and any underground improvements located on the site. Prior to drilling, AET will contact state notification centers, where available, or individual utility owners where a state notification center is not available. AET shall be entitled to rely on the location information provided by locating vendors. 3_2 —If Public utility owners do not provide the locating service on private property or the property owner has private underground improvements which cannot be cleared through the state notification center or public utility owners, Client shall be responsible for location of such utilities prior to drilling, or for payment of a private utility clearance subcontractor. 3_3 - AET will not be responsible for any damages to underground utilities /improvements not located or incorrectly identified by the foregoing location methods. SECTION 4 - CONTAMINATION 4.1 - Client acknowledges and accepts all contamination risks which may be associated with the Services. Risks include, but are not limited to, cross contamination created by linking contaminated zones to uncontaminated zones during the drilling process; containment and proper disposal of known or suspected hazardous materials, drill cuttings and drill fluids; and decontamination of equipment and disposal and replacement of contaminated consumables. Discovery of actual or suspected hazardous materials shall entitle AET to take immediate measures it deems necessary in its sole discretion, including regulatory notification, to protect human health and safety, and /or the environment. Further, discovery of such materials constitutes a changed condition for which Client agrees to pay associated additional cost. 4_2 - Client shall indemnify and hold AET harmless from all liability, damages, claims or costs resulting from contaminants on the site. SECTION 5 - SAFETY 5.1 - Client shall inform AET of any known orsuspected hazardous materials or unsafe conditions atthe site. if, duringthe course of AET's Services, such materials or conditions are discovered, AET reserves the right to take measures to protect AET personnel and equipment orto immediately terminate Services. Client shall be responsible for payment of such additional protection costs. 5_2 - AET shall only be responsible for safety of AET employees at the site; the safety of all others shall be Client's or other persons' responsibility. ACS417EG (06/17) AMERICAN ENGINEERING TESTING, INC. ENVIRONMENTAL / GEOTECHNICAL SERVICE AGREEMENT -TERMS AND CONDITIONS Page 2 of 4 SECTION 6 — SAMPLES 6.1 - Client shall inform AET of any known or suspected hazardous materials prior to submittal to AET. All samples obtained by or submitted to AET remain the property of the Client during and after the Services. Any known or suspected hazardous material samples will be returned to the Client at AET's discretion. 6_2 - Non - hazardous samples will be held for thirty (30) days and then discarded unless, within thirty (30) days of the report date, the Client requests in writing that AET store or ship the samples. Storage and shipping costs shall be borne solely by Client. SECTION 7 - PROJECT RECORDS The original project records prepared by AET will remain the property of AET. AET shall retain these original records for a minimum of three years following submission of the report, during which period the project records can be made available to Client at AET's office at reasonable times. SECTION 8 - STANDARD OF CARE AET performs its Services consistent with the level of care and skill normally performed by other firms in the profession atthe time of this service and in this geographic area, under similar budgetary constraints. SECTION 9 - INSURANCE AET maintains insurance with coverage and limits shown below. AET will furnish certificates of insurance to Client upon request. 9.1— AET maintains the following insurance coverage and limits of liability: Workers' Compensation Employer's Liability Commercial General Liability Automobile Liability Professional Liability Insurance Statutory Limits $100,000 each accident $500,000 disease policy limit $100,000 disease each employee $1,000,000 each occurrence $1,000,000 aggregate $1,000,000 each accident $1,000,000 per claim $1,000,000 aggregate 9.2 - Commercial General Liability insurance will include coverage for Products /Completed Operations extending one (1) year after final acceptance of the Project by Owner, Property Damage including Completed Operations, Personal Injury, and Contractual Liability insurance applicable to AET's indemnity obligations under this Agreement. 9.3 -Automobile Liability insurance shall include coverage for all owned, hired and non -owned automobiles. 9.4 - Professional Liability Insurance is written on a claims -made basis and coverage will be maintained for one (1) year after final acceptance of the Project by Owner. Renewal policies during this period shall maintain the same retroactive date. 9.5 -To the extent permitted by applicable state law, and upon Client's signing of the proposal, which includes these Terms and Conditions, and return of the same to AET, or Client provided forms of acceptance as defined in Section 1.1; Client and Owner shall be named an "additional insured" on AET's Commercial General Liability Policy (Form CG D4 14 04 08, which includes blanket coverage for Products /Completed Operations and on a Primary and Non - Contributory basis). Client and Owner shall also be named an "additional insured" on a Primary and Non - contributory basis on AET's Automobile Liability Policy (Form CA T4 74 02 12). Any other endorsement, coverage or policy requirement shall result in additional charges. 9.6 - AET will maintain in effect all insurance coverage required by this Agreement at its sole expense, provided such insurance is reasonably available, with insurance carriers licensed to do business in the state in which the project is located and having a current A.M. Best rating of no less than A minus (A -). Such insurance shall provide for thirty (30) days prior written notice to Client for notice of cancellation or material limitations for the policy or ten (10) days' notice for non - payment of premium. 9.7 - AET reserves the right to charge Client for AET's costs for additional coverage requirements unknown on the date of the proposal, e.g., coverage limits or policy modification including waiver of subrogation, additional insured endorsements and other project specific requirements. SECTION 10 - DELAYS If delays to AET's Services are caused by Client or Owner, work of others, strikes, natural causes, weather, or other items beyond AET's control, a reasonable time extension for performance of work shall be granted, and AET shall receive an equitable fee adjustment. SECTION 11- PAYMENT, INTEREST, AND BREACH 11.1- Invoices are due net thirty (30) days from the date of receipt of an undisputed invoice, but not greater than 45 days from the date of the invoice. Client will inform AET of invoice questions or disagreements within fifteen (15) days of invoice date; unless so informed, invoices are deemed correct. 11.2— Invoices remaining unpaid forsixty (60) days shall constitute a material breach of this Agreement, permitting AET, in its sole discretion and without limiting any other legal or equitable remedies for such breach, to terminate performance of this Agreement and be relieved of any associated duties to the Client or other persons. Further, AET may withhold from Client data and reports in AET's possession. If Client fails to cure such breach, all reports associated with the unpaid invoices shall immediately upon demand be returned to AET and Client may neither use nor rely upon such reports or the Services. ACS417EG (06/17) AMERICAN ENGINEERING TESTING, INC. ENVIRONMENTAL / GEOTECHNICAL SERVICE AGREEMENT - TERMS AND CONDITIONS Page 3 of 4 11.3 —AET reserves the right to secure any unpaid invoice utilizing available remedies at law. AET explicitly reserves its' Mechanic Lien or Bond Claim rights for nonpayment of an undisputed invoice. Client is responsible for paying AET expenses and attorney fees related to collection of past due invoices. SECTION 12 - CHANGE ORDERS AET's proposal associated with this project provides an estimated cost for the work. If the proposal amount is a time and material estimate, or if changes occur affecting the project scope, estimated quantities, project schedule or other unforeseen conditions, AET will communicate with Client if AET's fees are approaching the proposal amount and request a change order. However, nothing in this agreement shall be construed in any way as a waiver of payment by Client to AET for services ordered under this agreement. Approval of a change order may be in writing or by electronic communication. SECTION 13 - MEDIATION 13.1 - Except for enforcement of AET's rights to payment for Services rendered or to assert and /or enforce its lien rights, including without limitation assertion and enforcement of mechanic's lien rights and foreclosure of the same, Client and AET agree that any claim, dispute or other matter in question arising out of or related to this Agreement shall be subject to mediation as a condition precedent to arbitration or the institution of legal or equitable proceedings by either party; provided however that if either party fails to respond to a request for mediation within sixty (60) days, the party requesting mediation may without further notice, proceed to arbitration or the institution of legal or equitable proceedings. 13.2 - Mediation shall be in accordance with the Construction Industry Mediation Rules of the American Arbitration Association. Request for mediation shall be in writing and the parties shall share the mediator's fee and any filing fees equally. The mediator shall be acceptable to both parties and shall have experience in commercial construction matters. SECTION 14 - LITIGATION REIMBURSEMENT Except for matters relating to non- payment of fees, which is governed by Section 11 hereof, payment of attorney's fees and costs associated with lawsuits or arbitration of disputes between AET and Client, which are dismissed or are judged substantially in either party's favor, shall be paid by the non - prevailing party. Applicable costs include, but are not limited to, attorney and expert witness fees, court costs, and AET costs. SECTION 15 - MUTUAL INDEMNIFICATION 15.1 - Subjectto the limitations contained in Sections 13 and 14, AET agrees to indemnify Client from and against damages and costs to the extent caused by AET's intentional acts or negligent performance of the Services. 15.2- Client agrees to indemnify AET from and against damages and costs to the extent caused by the intentional acts or negligence of the Client, Owner, Client's contractors and subcontractors or other third parties. 15.3 - If Client has an indemnity agreement with other persons or entities relating to the project for which AET's Services are performed, the Client shall include AET as a beneficiary. 15.4 - AET's indemnification to the Client, including any indemnity required or implied by law, is limited solely to losses or damages caused by its failure to meet the standard of care and only to the extent of its negligence or intentional acts. SECTION 16- WAIVER OF CONSEQUENTIAL DAMAGES NOTWITHSTANDING ANY OTHER PROVISION OF THIS AGREEMENT, NEITHER PARTY SHALL BE LIABLE TO THE OTHER FOR ANY CONSEQUENTIAL, SPECIAL, INDIRECT, INCIDENTAL OR PUNITIVE DAMAGES INCURRED EVEN IF THE POSSIBILITY OF SUCH DAMAGES WAS FORESEEABLE. CONSEQUENTIAL DAMAGES INCLUDE, BUT ARE NOT LIMITED TO LOSS OF USE AND LOSS OF INCOME OR PROFIT. SECTION 17 - LIMITATION OF LIABILITY Client agrees to limit AET's liability to Client resulting from AET's negligent acts, errors or omissions, such that the total liability of AET shall not exceed$20,000. SECTION 18— UNIONIZATION AET reserves the right to negotiate an appropriate fee increase or to terminate its contract on three (3) days written notice to Client without incurring penalties or costs from Client, Owner and their successors, assignees, joint- venturers, contractors and subcontractors, or any other parties involved with the project for claims, liabilities, damages or consequential damages, directly or indirectly related to AET being required to provide unionized personnel on the project. Reservation of this right on the part of AET represents neither approval nor disapproval of unions in general or the use of collective bargaining agreements. SECTION 19 - POSTING OF NOTICES ON EMPLOYEE RIGHTS Effective June 21, 2010, prime contracts with a value of $100,000 or more and signed by federal contractors on projects with any agency of the United States government must comply with 29 CFR Part 471, which requires physical posting of a notice to employees of their rights under Federal labor laws. The required notice may be found at 29 Code of Federal Regulations Part 471 Appendix A to Subpart A. The regulation also has a "flow- down" requirement for subcontractors under the prime agreement for subcontracts with a value of $10,000 or more. AET requires strict compliance of its subcontractors working on federal contracts subject to this regulation. The regulation has specific requirements for location of posting and language(s) for the poster. SECTION 20- TERMINATION After 7 days' written notice, either party may elect to terminate this Agreement for justifiable reasons. In this event, the Client shall pay AET for all work performed, including demobilization and reporting costs to complete the file. ACS417EG (06/17) AMERICAN ENGINEERING TESTING, INC. ENVIRONMENTAL / GEOTECHNICAL SERVICE AGREEMENT - TERMS AND CONDITIONS Paee 4 of 4 SECTION 21- SEVERABILITY Any provisions of this Agreement later held to violate a law or regulation shall be deemed void, and all remaining provisions shall continue in force. However, Client and AET will in good faith attempt to replace an invalid or unenforceable provision with one that is valid and enforceable, and which comes as close as possible to expressing the intent of the original provision. SECTION 22 - GOVERNING LAW This Agreement shall be construed in accordance with the Laws of the State of Minnesota without regard to its conflicts of law provisions. SECTION 23 - ENTIRE AGREEMENT This Agreement, including these terms and conditions and attached proposal and appendices, is the entire agreement between AET and Client. Regardless of method of acceptance of this Agreement by the Client, this Agreement supersedes any previous written or oral agreements, including purchase /work orders or other Client agreements submitted to AET after the start of our Services. Any modifications to this Agreement must be mutually acceptable to both parties and accepted in writing, No considerations will be given to revisions to AET's terms and conditions or alternate contract format submitted by the Client as a condition for payment of AET's accrued Services. ACS417EG (06/17) AMERICAN ENGINEERING TESTING, INC.