HomeMy WebLinkAboutContract 1755 277 Coon Rapids Blvd.
Suite 304
Minneapolis, MN 55433
Phone 763-786-1445
Fax 763-786-1030
www. prosourcetech.com
January 28, 2004
pFo$ource
TECHNOLOGIES. INC.
Mr. Randy Schumacher
Community Development Assistant
City of Columbia Heights
590 40th Avenue Northeast
Columbia Heights, Minnesota 55421
Re:
Supplemental Investigation and Environmental Cleanup
Columbia Heights Industrial Park - Phase I
ProSource Project No. 529-00
Dear Randy:
On behalf of ProSource Technologies, kic. (ProSource), I'd like to again congratulate
the City of Columbia Heights (City) on receiving Contamination Cleanup Grant Awards
from the Minnesota Department of Employment and Economic Development (DEED)
and Metropolitan Council. We realize this is a significant milestone to proceeding with
redevelopment efforts within the City. Furthermore, we greatly appreciate the
opportunity to ~vork tkrough the investigative and grant preparation portions of this
process and look forward to moving ahead with environmental cleanup and
redevelopment activities. As per your request, ProSource has prepared this letter to
summarize the scope of work and cost estimate to conduct supplemental investigation
and environmental cleanup for.Phase I of the Columbia Heights Industrial Park.
Scope of Work
As you are aware, this information has already been included in the Minnesota Pollution
Control Agency (MPCA) approved Phase II Investigation Report, Focused Feasibility
Study (FFS) and Response Action Plan (RAP), as well as the DEED and Met Council
Grant Applications. Therefore, I would like to briefly surmnarize the work and costs
associated with the forthcoming work.
In short, services to be provided by ProSource include:
Continuing liaison with MPCA staff and/or other applicable regulatory agencies.
Preparing specifications and/or bid documents for Contractor services.
Scheduling and coordination with Contractors.
Coordination and oversight of supplemental investigation. This includes the
shallow investigation and water table investigation (please note this task
encompasses Phases I, II and III).
Conducting pre-demolition surveys.
Coordination and oversight for implementation of soil and ground water
Response Actions.
Reporting.
Preparing Contamination Cleanup Grant Applications for Phase II of the project.
Project Management.
£nviponmBntal· Bight Of ~VaJ/· £ngineePing
Scope of Work and Cost Estimate
Columbia Heights Industrial Park - Phase I
Page 2
Project Costs
The estimated cost to complete the supplemental investigation and environmental cleanup associated
with Phase I of this project is $1,961,947. A breakdown of project costs is included on the attached
table, which was taken from the Phase II Report/FFS/RAP. As you are well aware, funding sources for
this project include DEED, Met Council and the City. We will be happy to assist you in completing
Applications for Reimbursement through DEED and Met Council.
As a significant portion of the project costs are associated with demolition and excavation activities, we
are assuming that the City will be responsible for soliciting the bid package, as well as executing a
separate Agreement with the selected contractor. However, ProSource will prepare applicable portions
of specifications and/or bid documents, provide sch.eduling, coordination and oversight with the
contractor and review contractor invoices to verify quantities and costs prior to submittal to the City. As
with the Phase II Investigation, ProSource will be responsible for contractors to provide drilling and
analytical services.
Closing
We realize the City would like to begin redevelopment activities as soon as possible and understand
that this work cannot proceed until the environmental issues have been addressed. We are prepared
to initiate work immediately following your notice to proceed. To authorize the work, please
execute both copies of the attached Agreement in the space provided below and return one copy for
our records. If you have any questions or comments, please feel free to call me in our office at (763)
786-1445 or on my cell phone at (763) 458-8174.
Sincerely,
ProSource Teclmologies, Inc.
Ja III, P.G.
Project Hfdrogeologist
Attachments: Cost Estimate (Phase I)
Standard Terms and Conditions
Accepted by:
ProSource Teclmologies, Inc. January 28, 2004
TABLE 9
COST ESTIMATE (PHASE I)
Phase II Investigation/Focused Feasibility Study/Response Action Plan
Columbia Heights Industrial Park
Columbia Heights, M/nnesota
ProSource Project No.: 482-00
Item I Estimated Cost
PhaselESA .. $10,00C
Phase II ESA (costs above $50,000 grant from DEED and $12,500 local match by City) $76,93C
Subtotal $86,931]
Impacted Soil (Petroleum and Chlorinated Solveltts)
Excavation (7,331 cubic yards) $42,886
Hauling (7,331 cubic yards) $114,364
Landfill Disposal (9,530 tons) $141,521
Laboratory Testing (using a 2X multiplier per sample for 24-hour turnaround t/me) $2,004
Bac~ll--Materials, Hauling, & Placen:ent (7,331 cubic yards) $47,652
Field Oversight, Equipment, and Expenses $3,581
" Subtotal $352,008
Foundry Waste
Excavation (15,494 cubic yards) $90,64C
Hauling (15,494 cubic yards) $241,70fi
Landfill Disposal (20,142 tons) $299,109
Laboratory Testing (using a 2X multiplier per sample for 24-hour turnaround t/me) $6,414
B ackfill--Materials, Hauling, & Placement (15,494 cubic yards) $100,711
Field Oversight, Equipment, and Expenses $10,667
Slag Wall Removal and Disposal $0
Subtotal $749,247
Building Demolition
Pre-demolition Surveys (Asbestos, Lead Based Paint, Regulated/Haz. Mater/als etc.) $28,389
Asbestos Abatement $182,170
Building Demolition $397,500
Field Oversight, Equipment, and Expenses $13,701
Subtotal $621,760
Supplemental Investigation (Phase I, II and III)
Shallow Investigation
Drilling Services $13,865
Analytical Services (Mobile and ~ixed-Base Labs) $4,383
Field Oversight, Equipment, Expenses $9,774
Subtotal $28,022
Water Table Investigation
Drilling S er-rices $35,938
Field Oversight, Equipment, Expenses $16,523
Subtotal $52,461
Subtotal $80,483
Ground Water
Remediaton
Passive Free Product Recovery in Excavations $250
ORC Treatment $13,248
Two Years of Quarterly Ground Water Monitoring and Reporting
Analytical Services $8,970
Field Oversight/Reporting $12,460
Subtotal $34,928
Other
Site survey (p.re-, during, and post-excavation) $9,400
Clearing and Grabbing of approximately 1.25 acres $2,343
Abandonment of Water Supply Wells $3,575
UST and Quench Tank Removal $2,205
RAP Implementation Report $10,777i
Project Close Out and Monitoring Well Abandonment $3,450
General Project Management $4,84C
Subtotal $36,59C
Total Projected Costs>>> $1,961,947
Scope of Work and Cost Estimate
Columbia Heights Industrial Park - Phase I
e
STANDARD TERMS AND CONDITIONS
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
in any purchase orders, requisitions or notices to proceed issued by a client are specifically objected to.
CHANGE OF SCOPE. The scope of Services set forth in this Agreement is based on facts kno~vn 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.
SAFETY. ProSource has established and maintains corporate 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 for general j ob site safety and safety of persons other than ProSource employees.
DELAYS. If events beyond the control of Client or 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.
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 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 performance under 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 cannot 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 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 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 construct/on-related services by the design
professional for the project permits errors or omissions 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.
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.
ProSource Teclmologies, Inc: January 28, 2004
Scope of Work and Cost Estimate
Columbia Heights Industrial Park - Phase I
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 to tangible property to the extent caused directly by the willful misconduct or failure to adhere to the
standard of care described in Paragraph l 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 o? 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 construction contractor, if any, to
include ProSource as an indemnitee under indemnification obligation to Client.
11. LIMITATIONS OF LIABILITY. No employee or agent of ProSource shall have individual liability to Client.
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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.
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 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.
AMENDMENT. This Agreement, upon execution by both parties hereto, can be amended only by a written instrument
signed by both parties.
ASSIGNMENT. Except for assignments (a) to entities which control, or are controlled by, the parties hereto or (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.
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 this
Agreement, the prevailing party shall be entitled to collect its litigation costs from 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.
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, including Client's contractors, if any.
ProSource Technologies, Inc. January 28, 2004
Scope of Work and Cost Estimate
Columbia Heights Industrial Park - Phase I
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 warrant that they have the authority to sign as, or on behalf of, the
party for whom they are signing.
ProSource Technologies, Inc. January 28, 2004