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HomeMy WebLinkAbout1997-063 1- e e e RESOLUTION NO. 97- 63 APPROVAL OF CONTRACT BETWEEN CITY OF STILL WATER AND AMERICAN ENGINEERING AND TESTING, INC. FOR SUBSURFACE SOIL TESTING - PIONEER PARK RETAINING WALL BE IT RESOLVED by the City Council of Stillwater, Minnesota, that the Contract for subsurface soil testing for Pioneer Park retaining wall, attached hereto as Exhibit A, by and between the City of Stillwater, Minnesota, and American Engineering and Testing, Inc., is hereby approved, and the appropriate city staff is authorized to sign said Agreement. Adopted by Council this 4th day of March, 1997. ATTEST: ~OJJ, l~ J,~ Morli 'w ldon, City Clerk "' l Exhibit A Res. 97-63 t e rJ AMERICAN ENGINEERING TESTING, INC. CONSUL T ANTS · GEOTECHNICAL · MATERIALS . ENVIRONMENTAL February 21, 1997 City of Stillwater 216 North 4th Street Stillwater, MN 55082 Attn: Clayton Eckles RE: Proposal for Drilling Services Stillwater, Minnesota Dear Mr. Eckles: American Engineering Testing, Inc. is pleased to provide you with this proposal to perform drilling services. This proposal is being submitted with regard to your phone conversation with Pat Francis on February 19, 1997. The purpose of this proposal is to define our scope of work and to provide you with a written estimate. e Scope of Services Our work scope for the estimate of fees as described below, it limited to: 1. Clear public utilities with the Gopher State One Call System 2. Drill eight (8) auger borings to a depth of about 10'. We understand the purpose of the borings is to determine the depth to bedrock. We further understand the eight (8) borings will be drilled at four locations (2 borings per location). This proposal is based on the boring locations being truck accessible. 3. BackfIll the boreholes in accordance with Minnesota Department of Health Regulations. 4. Prepare a written report of our work, to include soil classifIcation and soil boring logs. Fees The fees for the scope of work defmed in this proposal are presented in the following table. Total $100.00 200.00 1050.00 150.00 $1,SOmOO Utility Clearance Mobilization/Demobilization e Drill. Sample and Seal Borings Report 'AN AFFIRMATIVE ACTION EMPLOYER' 2102 University Ave. w: . Sf. Paul, MN 55114 .612-659-9001 . Fax 612-659-1379 Duluth. Mankato . Rochester. Wausau .\ J City of Stillwater February 21, 1997 Page 2 e Schedule With your approval of this proposal, work could begin in about 5 working days. The field work will take about 1 day to complete. The final report will be completed about 1 week after completion of the field work. Conditions The attached Service Agreement and Subsurface Boring Supplement are a part of this proposal. Acceptance Please indicate your acceptance of this proposal by signing both copies and returning one to us. If you have any questions, please contact me at 659-1356. Sincerely, \=)~l ~~ Pat Francis Drilling Manager e PF/ak Attachments: Service Agreement Subsurface Boring Supplement ACCEPTANCE: Signature: ~ Company: Date: JqtULI'V L/ / / 9 q 7 e ~ SERVICE AGREE:MENT TERMS AND CONDITIONS e SECTION 1 - RESPONSmILITIES .L.l- The party to whom the proposal/contract is addressed is the Client of American Engineering Testing, Inc. (AET). .L..2 - Prior to AET performing work, Client will provide AET with all information that may affect the cost, progress, safety and performance of the work. 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 work. If new information becomes available during AET's work, Client will provide such information to AET in a timely manner. Also, Client will provide a representative for timely answers to project-related questions by AET. 1....1 - Work by AET will not relieve other persons of their responsibility to perform work according to the contract documents or specifications, and AET will not be held responsible for work or omissions by Client and other persons. AET will not be responsible for directing or supervising the work of others, unless specifically authorized in writing. 1.1 - Work by AET often includes sampling at specific locations. Inherent with such sampling is variation between sampling locations. Client recognizes this uncertainty and the associated risk, and acknowledges that opinions developed by AET, based on the samples, are qualified to that extent. U - AET is not responsible for interpretations or modifications of AET's recommendations by other persons. ti - Should changed conditions be alleged, Client agrees to notify AET before evidence of change is no longer accessible for evaluation. SECTION 2 - SITE ACCESS AND RESTORATION il - Client will furnish AET safe and legal site access. e U - It is understood by Client that in the normal course of the work, some damage to the site or materials may occur. AET will take reasonable precautions to minimize such damage. Restoration of the site is the responsibility of the Client. SECTION 3 - SAFETY ll- Client shall inform AET of any known or suspected hazardous materials or unsafe conditions at the work site. If, during the course of AET's work, such materials or conditions are discovered, AET reserves the right to take measures to protect AET personnel and equipment or to immediately terminate services. Client shall be responsible for payment of such additional protection costs. 3.2 - AET shall only be responsible for safety of AET employees at the work site. The Client or other persons shall be responsible for the safety of all other persons at the site. SECTION 4 - SAMPLES 1.1 - Client is responsible for informing 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 work. Any known or suspected hazardous material samples will be returned to the Client at AET's discretion. 1:.2 - Non-hazardous samples will be held for 30 days and then discarded unless. within 30 days' of the report date. the Client provides a written request that AET store or ship the samples, at the Client's expense. SECTION 5 - PROJECT RECORDS The project records prepared by AET will remain the property of AET. AET shall retain these records for a period 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. e SECTION 6 - STANDARD OF CARE AET will perform services consistent with the level of care and skill normally performed by other firms in the profession at the time of this service and in this geographic area, under similar budgetary constraints. No other warranty is implied or intended. 02DPMO 11 (3/96) AMERICAJ.'l ENGINEERING TESTING, INe. Service Agreement - Page 2 j SECTION 7 - INSURANCE AET carries Worker's Compensation, Property Damage and Professional Liability insurance. AET will furnish certificates of insurance to Client upon request. e SECTION 8 - DELAYS If AET work delays are caused by Client, 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 9 - PAYMENT. INTEREST AND BREACH 2...l - Invoices are due on receipt. Client will inform AET of invoice questions or disagreements within 15 days of invoice date; unless so informed, invoices are deemed correct. U - Client agrees to pay interest on unpaid invoice balances at a rate of 1.5 % per month, or the maximum allowed by law, whichever is less, beginning 30 days after invoice date. 2...J - If any invoice remains unpaid for 60 days, such non-payment shall be a material breach of this agreement. As a result of such material breach, AET may, at its sole option, terminate all duties to the Client or other persons, without liability. 9.4 - Client will pay all AET collection expenses and attorney fees relating to past due fees which the Client owes under this agreement. SECTION 10 - LmGATION REIMBURSEMENT Payment of AET costs for Client lawsuits against AET which are dismissed or are judged substantially in AET's favor will be the Client's responsibility. Applicable costs include, but are not limited to, attorney and expert witness fees, court costs, and AET costs. SECTION 11 - MUTUAL INDEMNIFICATION l1l - AET agrees to hold harmless and indemnify Client from and against liability arising out of AET's negligent performance e of the work, subject to any limitations, other indemnifications or other provisions Client and AET have agreed to in writing. .ll..1 - Client agrees to hold harmless and indemnify AET from and against liability arising out of Client's negligent conduct, subject to any limitations, other indemnifications or other provisions Client and AET have agreed to. ll.J - If Client has indemnity agreement with other persons, the Client shall include AET as a beneficiary. SECTION 12 - LIMITATION OF LIABILITY Client agrees to limit AET's liability to Clients arising from professional acts, errors or omissions, such that the total aggregate liability of AET shall not exceed $50,000. SECTION 13 - TERMINATION After 7 days written notice, either party may elect to terminate work for justifiable reasons. In this event, the Client shall pay for all work performed, including demobilization and reporting costs to complete the me. SECTION 14 - 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 15 - ENTIRE AGREEMENT This agreement, including attached appendices, is the entire agreement between AET and Client. This agreement nullifies any previous written or oral agreements, including purchase/work orders. Any modifications to this agreement must be in writing. e 02DPMO 11 (3/96) AMERICAN ENGINEERING TESTING, INC. l \,. tit e e SUBSURFACE BORING SUPPLEMENT TO TERMS AND CONDITIONS SECTION 16 - UNDERGROUND UTILITY AND STRUCTURE CLEARANCE .l2..l - It is necessary that borings, excavations and other penetrations be located such that they maintain a minimum safe distance from underground utilities or other man-made improvements. Client shall advise AET of all utilities that service or are located on the site, as well as any underground improvements located on the site. AET will contact state notification centers, where available, or individual utility owners where a state notification center is not available prior to drilling. 16.2 - Public utility owners may not provide the locating service on private property. In such situations, the Client is responsible for location of such utilities prior to drilling. 16.3 - The property owner may have private underground improvements which cannot be cleared through the state notification center or public utility owners. The Client is responsible for location of these improvements. 16.4 - AET will not be responsible for any damages to "non-located" or incorrectly located underground utilities or other man-made improvements. SECTION 17 - CONTAMINATION 17.1 - Client acknowledges and accepts that unavoidable contamination risks may be associated with AET's subsurface drilling, sampling and installation of monitoring devices. 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. Client and AET agree that the discovery of unanticipated actual or suspected hazardous materials may make it necessary for AET to take immediate measures to protect human health and safety, and/or the environment. Client and AET also agree that the discovery of such materials constitutes a changed condition which may result in added costs to the Client, and may require a renegotiation of work scope or termination of services. 17.2 - Because subsurface sampling is a necessary aspect of AET's work performed on the Client's behalf, Client agrees to hold harmless and indemnify AET from and against liability associated with contamination. SECTION 18 - LOST EOUlPMENT Equipment lost in bore holes may be required to be retrieved or properly abandoned by government agencies. Client agrees to pay AET all costs related to retrieving and/or abandoning such equipment at AET fee schedule rates, unless agreed otherwise. . SECTION 19 - LIMITATIONS OF SUBSURFACE EXPLORATION Client recognizes that unavoidable risks occur whenever engineering or related disciplines are applied to identify subsurface conditions. Even a comprehensive sampling and testing program performed in accordance with a professional standard of care may fail to detect certain conditions, because they are hidden. For similar reasons, actual environmental. geologic and geotechnical conditions that AET characterizes to exist between sampling points may differ significantly from those that actually exist. The passage of time also must be considered, and Client recognizes that, due to natural occurrences or direct or indirect human activities at the site or distant from it, actual conditions discovered may change. Client recognizes that nothing can be done to eliminate the risks associated with these limitations. 02DPM012(3/96) AMERICAN ENGINEERING TESTING, INC.