HomeMy WebLinkAboutContract 1668April 16, 2002
Mr. Tim Johnson
City Planner
City of Columbia Heights
590 40th Avenue Northeast
Columbia Heights, Minnesota 55421
Re:
Proposal and Cost Estimate
Phase I & II Environmental Site Assessment
Dear Mr. Johnson:
ProSource Technologies, Inc. (ProSource) is pleased to present to you a proposal and cost estimate to
conduct a Phase I & II Enviromnental Site Assessment (ESA) of the property located at 3955 University
Avenue in Colmnbia Heights, Minnesota. As we discussed dm'ing our phone call this morning, the propmly
is currently developed as a service station and the City wishes to acquire the parcel since it is a non-
conforming use. As part of the acquisition process, the City is requesting that a Phase I & II ESA be
conducted to determine the site history and evaluate the potential of any environmental concerns or
liabilities. This proposal is intended to replace our previous submittals dated September 4, 2001 and
September 26, 2001.
An initial search of the Milmesota Pollution Control Agency (MPCA) Lealdng Underground Storage Tm~c
(LUST) program database revealed that a release of unleaded gasoline and diesel fi,tel were reported at the
site on August 31, 1989 (Leak No. 1534). The site was closed by the MPCA on November 14, 1991.
However, soil and ground water contamination remain on the property.
Therefore, the purpose of this Phase I ESA will be to meet property transfer guidelines as set forth by the
MPCA, and to determine if a release or threatened release of a hazardous substance, pollutant, or
contaminant exists or has occurred under the meaning of the Minnesota Environmental Response and
Liability Act (MERLA). In addition, the Phase I ESA will assess the potential for environmental impact
to this property from other nearby facilities also covered under MERLA. The objectives of the Phase II
ESA will be to determine if petroleum contamination is present and to determine the extent and magnitude
of the impacted soil and/or ground water, if present. A detailed scope of work to conduct the Phase I & II
ESA is provided below.
Scope of Work
Phase I ESA
The Phase I ESA will be conducted following guidelines established by the American Society for Testing
and Materials (ASTM), "Standard Practice for Environmental Site Assessments: Phase I Enviromnental Site
Assessment Process, Standard E1527-00". In addition to the ASTM guidelines, the MPCA Voluntary
Investigation and Cleanup Program (VIC) Program Fact Sheet #8 "Phase I Investigation" will be utilized
as a guide for conducting the work. The scope of services to be provided by ProSource to conduct a Phase
I ESA of the facility includes the following:
~Proposal and Cost Estimate
Phase I & II Environmental Site Assessment
Page 2
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10.
Site Location - Describe the location of the property, by street address, township and municipality,
county, and United States Geological Survey (USGS) Quadrants to the nearest 1/4 section.
History. of Ownership - Provide the history of ownership of the property for the past 50 years or as far
back as there are records, including the name of each owner, and the approximate year(s) of ownership.
History_ of Operations - For each owner/operator of the propel~y, determine what activities they
engaged in. In particular, detem~ine operation processes, raw products used, types and composition
of any waste sta'eams, disposal methods, enviromnental permits and solid or hazardous waste streams
including manifests, treatment, storage, disposal, spills or enforcelnent actions.
Site Reconnaissance - Conduct a property walkover to detem~ine the presence of underground or
aboveground storage tanks including types of materials stored, refuse disposal, wells, septic systems,
sumps, pits, ponds, lagoons, catchn~ent basins, retention ponds, areas of surface soil staining, stressed
vegetation, or any other indication of a contamination source. Adjacent properties will also be
inspected to determine if they are potential sources of contamination.
Site Maps - Provide historic and current property maps which designate the locations of all pertinent
site features, structures and potential sources of contamination.
Sanborn Maps - Provide and review copies of historic Sanborn fire insm'ance maps, or reasonable
facsimiles, to check for altered land use, previous storage, etc.
Ci.ty Directories - Review historic city directories which have been published to detennine the history
occupancy.
Database File Search - Conduct a database file search of all applicable state and federal regulatory
agencies to determine the presence of kd~own contaminated sites near the site.
Aerial Photographs - Provide and review copies of aerial photographs, or reasonable facsimiles, to
check for altered land use, previous storage, etc.
Information Requests - Inquire via letter or telephone interview with local officials regarding their
knowledge of the site. Persons to be contacted include the local engineering and/or public works
deparm~ent, plalming and development persom~el of the city, county and other development authorities,
zoning and assessment persmmel of the city or county, the county solid waste officer, the county
hazardous waste officer, and the local fire department inspector.
Phase H ESA
The scope of services to be provided by ProSource to conduct a Phase II ESA of the facility include an
MPCA file review, subsurface investigation, laboratory testing and a final report. Each is discussed in the
following sections.
1. File Review - As previously stated, the property is the site of a former petroleum release and has had
some amount of environmental work conducted on it in the past. Therefore, to determine the complete
ProSource Technologies, Inc. April 16, 2002
Proposal and Cost Estimate
Phase I & II Envirolm~ental Site Assessment
Page 3
history of cleanup activities at the property, ProSource will perform a detailed file review of the
petroleum release at the MPCA to detenrfine what specific clealmp efforts have been perfon~ed at the
site and to what extent and maglfitude petroleum impacts may remain at the site. Special attention will
be given to any soil excavation work, soil borings, vapor mitigation and ground water
monitoring/remediation.
Subsurface Investigation - In order to determine current site contaminant concentrations, and
investigate near other potential source areas, several test holes are proposed to be advanced. The
locations of these test holes will be identified following completion of the file review and the Phase I
ESA. They will be advanced in locations where data gaps are identified, in areas of concern identified
in the Phase I ESA, and where contaminants from the previously closed release may still exist at the
property. For cost estimating purposes, we have assumed that a drilling contractor will be employed
for one 8 horn' day (lump sum basis). Depending on the subsurface conditions, it is anticipated that four
to seven test holes varying in depths from 20 to 50 feet will be advanced at the site to determine current
site contaminant locations and concentrations. Recovered soil samples will be screened on-site with
a photoionization detector (PID). Up to 6 soil samples will be analyzed at a laboratory for diesel range
organics (DRO), gasoline range organics (GRO) and benzene, toluene, ethyl benzene, and xylenes
(BTEX) and up to 3 ground water samples will be analyzed for DRO, GRO and volatile organic
compounds (VOCs), if encomatered. We have assumed that the services of a private utility locator will
also be necessary to locate private utilities at the site.
Final Report - ProSource will prepare a single comprehensive report documenting all Phase I & II
investigation activities and will provide our opinion as to whether any identified impacts could pose
a significant risk for fttture site development. The report will also assess if a new release has OCCUlTed
since closure of the historic release and make recommendation for actions to be taken to properly
document the site conditions. Included within the report will be a detailed site diagram depicting the
location of all existing tanks, building structures, utilities, and drilling locations conducted at the
property.
Assumptions/Conditions:
No attempt will be made to perform a compliance audit involving regulatory permit review for any on-
site operations or adjacent areas of concern identified during this site assessment, or for any planned
use of the property.
2. ProSource will be provided with the names and telephone numbers of key contact persons for the
properties.
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It will be necessary to contact only those agencies specified in the proposed scope of services to obtain
information on current and prior ownership, land use, and regulatory compliance. Furthermore, it is
assumed that all infonr~ation compiled fi'om these agencies can be obtained without conducting on-site
interviews with departmental staff.
4. All field (or "on-site") activities will be completed in Level-D personal protection.
ProSource Technologies, Inc. April 16, 2002
'Proposal and Cost Estimate
Phase I & II Environmental Site Assessment
Page 4
5. The site reconnaissance will only be performed across areas of the property which are readily
accessible during site activities.
Cost Estimate Summary
Based on the above scope of work, we have prepared a "not to exceed" cost estimate to complete the Phase
I & II ESA. A breakdown of the estilnated fees is presented below.
Phase I ESA
Labor $1,200
File SearchFee $ 250
Equipment and Expenses $ 100
Phase I ESA Total $1,550'
Phase H ESA
File Review $ 500
Phase II Field Investigation:
Labor $ 750**
Drilling Contractor and Private Utility Locator $1,400'*
Laboratory $ 800
Equipment and Expenses $ 150
Phase II Report $1,050
Phase II ESA Total $ 4,650
Estimated Project Total $ 6,200
* Not including sampling and analysis for asbestos containing materials or Phase II work.
** Drilling and PmSource oversight cost based on 1.0 day of field work.
ProSource would be able to initiate the project immediately and complete the project, as described in the
above scope of work and cost estimate, within approximately 6 weeks following your authorization to
proceed. ProSource will invoice you upon completion and submittal of ottr final report.
I sincerely appreciate the opportunity to submit this proposal and cost estimate. To attthorize the work,
please sign in the space presented below and return via fax to (763) 786-1030. Otherwise, if you have any
questions, please feel free to call Jill Keefe or I at (763) 786-1445.
Very truly yours,
ProSource Teqlmologies, Inc.
Wade A. Carlson
Principal/Senior Project Manager
Accepted by:
Si gnatu~/~Ti tl~/Da-t~K' 'F/ /
~"gi~amre/~t'le / D a t e ~ / ....'
Attachment: Standard Terms and Conditions
ProSource Technologies, Inc. April 16, 2002
Proposal and Cost Estimate
Phase I & II Environmental Site Assessment
Page 5
J
STANDARD TERMS AND CONDITIONS
STANDARD OF CARE. Services shall be perfomaed in accordance with the standard of professional practice ordinarily
exercised by the applicable profession at the time and witlfin 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 in any purchase orders,
requisitions or notices to proceed issued by a client are specifically objected to.
CHANGE OF SCOPE. The scope of Set, ices set forth in this Agreement is based on facts knovm at the time of execution
oftlfis Agreement, including, if applicable, infomaation snpplied 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, ;vhich shall be deemed approved if not
objected to witlfin 15 days of receipt by Client.
SAFETY. ProSource has established mid maintains corporate programs mid procedures for the safety of its employees. Unless
specifically included as a service to be provided as a service trader this Agreement, ProSource specifically disclaims any authority
or responsibility for general job site safety and safety of persons other than ProSource employees.
DELAYS. If events beyond the control of Client or ProSource, including, but not lflnited to, fire, flood, explosion, riot, strike,
war, process shutdown, acts of God or the pnblic 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 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.
TERMI ATION / SUSPENSION. Either party may terminate this Agreement upon 30 days written notice to the other
patV. Client shall pay ProSource for all Services, including any expenses, incun'ed 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 suspend performance under
the Agreement if cure of such default is not commenced and diligently continued, and failure of the defaulting party to commence
cure within such time limit and diligently continue, suspend perfom~ance tinder this Agreement.
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 cmmot guarantee the accuracy of such opinions as compared to contract bids or actual costs to client.
RELATIONSHIP WITH CONTRACTORS. ProSource shall serve as Client's professional represemative for the
Services, and may make recormnendations to Client concerning actions relating to Client's contractors, but ProSom'ce specifically
disclaims any authority to direct or supervise the means, methods, teclmiques, sequences, or procednres or construction selected
by Client's contractors.
CONSTRUCTION/CONTRACTOR OVERSIGHT. 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 omissions to be identified and corrected at comparatively Iow cost. Client agrees to hold ProSource ham~less
from any claims resulting from perfolanance of construction-related or contractor oversight services by persons other than
ProSource.
INSURANCE. ProSource will maintain insurance coverage for Comprehensive General, Automobile and Worker's
Compensation in amounts in accordance with legal, mid ProSource's business, requirements. Certificates evidencing such coverage
ProSource Teclmologies, Inc. April 16, 2002
Proposal and Cost Estimate
Phase I & II Environmental Site Assessment
Page 6
10.
will be provided to Client upon request.
INDEMNITIES. To the fullest extent pemfitted by law, ProSource shall indenmify 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 to tangible property to the extent caused directly by the willful 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
clamis 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, enfitted or released fi'om
Project (ii) tested by ProSource tmder this Agreement, or (iii) used or incorporated by ProSotu'ce in the Services; or (b) operation
or management of the Project. Client also agrees to require its constrtlction contractor, if any, to include ProSource as an
indemnitee under indenmification obligation to Client.
11. LIMITATIONS OF LIABILITY. No employee or agent of ProSource shall have individual liability to Client.
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13.
14.
15.
16.
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18.
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, elTors, omissions, strict liability, or breach of contract shall not exceed the total
compensation received by ProSotu'ce 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.
ACCESS. Client shall provide ProSource safe access to any premises necessary for ProSource to provide services.
REUSE OF PROJECT DELIVERABLES. Reuse of any documents or other deliverables, including electl'mfic
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, mad 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.
AMENDMENT. This Agreement, npon execution by both parties hereto, can be amended only by a written instrument
signed by both parties.
ASSIGNMENT. Except for assigqmaents (a) to entities which control, or are controlled by, the pm'ties hereto or (b) resulting
fi'om 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.
STATUTES OF LIMITATION. To the fullest extent permitted by law, parties agree that, except for indemnification,
the time period for bringing claims under this Agreement shall expire one year after Project completion.
PREVAILING PARTY LITIGATION COSTS. In the event any actions are brought to enforce tlfis Agreement,
the prevailing party shall be entitled to collect its litigation costs fi'om the other party.
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.
ProSource Teclmologies, Inc. April 16, 2002
,Proposal and Cost Estimate
Phase I & II Environmental Site Assessment
Page 7
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, h~cluding Client's contractors, if any.
20.
SEVERABILITY. The various terms, 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. AUTHORITY. The persons signing this Agreement wan'ant that they have the authority to sign as, or on behalf of, the
for whom they are signing.
ProSource Teclmologies, Inc. April 16, 2002