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HomeMy WebLinkAboutContract 1900 9219 East River Road NW Minneapolis, Minnesota 55433 763-786-1445 Fax 763-786-1030 www.prosourcetech.com Pnlsg!!!9?~ February 15,2006 Mr. Bob Streetar Community Development Director City of Columbia Heights 590 40th Ave NE Columbia Heights, Minnesota 55421 I Re: Scope of Work and Cost Estimate Phase II Environmental Site Investigation, FFS/RAP 39th and Central Avenue Northeast Columbia Heights, Minnesota 55421 Dear Bob: As requested, ProSource Technologies, Inc. (ProSource) has prepared a scope of work and cost estimate to conduct a Phase II Site Investigation, prepare a Focused Feasibility Study (FFS), and a Response Action Plan (RAP) for the 39th and Central Avenue Northeast property (hereon referred to as the "Site"). The purpose of the work will be to assist the City of Columbia Heights (City) with environmental issues related to the redevelopment of the Site. Phase II Environmental Site Investigation The objectives of the Phase II field investigation will be to assess and confirm the limits of the dump currently identified beneath the former Burger King property; further define the horizontal and vertical extent of the dump as well as soil and perched ground water contamination; evaluate potential treatment and disposal options; assess impacts to potential receptors; evaluate the potential for natural attenuation of impacts; and define the relationship between site geology, site hydrogeology, and ground water quality. Prior to beginning work at the Site, I Pro Source will prepare a Health and Safety Plan (HASP) and Phase II Work Plan to I address potential impacts at the Site. Since sampling conducted during the test pit excavation below the former Burger King property identified both impacted soil and perched ground water present within the limits of the dump, Pro Source proposes to conduct the field investigation in two phases. The initial phase will be to advance test holes and/or test pits both within and surrounding the dump and to identify the vertical and horizontal limits of the waste material. Borings will be advanced using a truck-mounted hydraulic soil probe. Test pits will be advanced using a hydraulic excavator (backhoe). Borings will be placed to provide maximum areal coverage, but locations may be changed or added based on site conditions and visual observations. Soils will be screened with a photoionization detector (PID) at to determine if organic vapors are present in soil. Based on field screening and visual/olfactory characteristics, soil samples will be submitted for analytical testing. Environmental. Right of Way. Engineering Scope of Work and Cost Estimate for Phase II Investigation, FFS/RAP 39th and Central A venue Northeast Page 2 The second phase of work will be based on the findings of the initial phase and will involve the installation of ground water monitoring wells. Wells will be installed by a Minnesota-licensed driller. To evaluate shallow ground water quality at the Site, two ground water sampling events will be conducted. Focused Feasibility Study Based on the results of the Phase II investigation, a FFS will be prepared to address environmental issues prior to redevelopment of the Site. The FFS serves to establish soil and ground water clean up goals, evaluate potential clean up technologies, develop a comprehensive site cleanup strategy and provide a cost estimate for the various cleanup activities. Response Action Plan Following completion of the FFS, a RAP or cleanup plan will be necessary to address the dump as well as soil or ground water impacts observed at the Site. Details of the RAP, including remedial activities, are dependent upon the findings of the Phase II investigation. The RAP will outline the tasks necessary to cleanup the dump, impacted soil, and/or ground water at the Site. All information gathered during the Phase II investigation will be presented along with the FFS and the RAP in a comprehensive report. Pro Source will also provide recommendations for any additional actions at the Site. Specifically, the RAP will detail: · Determination of risk based cleanup goals based on future land use; · Cleanup procedures (i.e. soil excavation procedures, ground water monitoring, etc.); · Identification, handling and disposal of regulated wastes (i.e. solid waste, hazardous waste and industrial waste); · Confirmation sampling and analysis; and · Site restoration plans. PBP/VIC Program Assistance Based on the results of the test pit excavation beneath the former Burger King property, the Site has already been entered into the MPCA's Voluntary Investigation and Cleanup (VIC) Program and the Petroleum Brownfields Program (PBP) on behalf of the City. Prior to beginning the Phase II investigation at the Site, the Phase II Work Plan will need to be approved by both VIC and the PBP. In addition, please note that VPIC and VIC services will be invoiced directly by the MPCA to you at a rate of$150 hour. Pro Source Technologies, Inc. February 15,2006 Scope of Work and Cost Estimate for Phase II Investigation, FFS/RAP 39th and Central Avenue Northeast Page 3 Cost Estimate The estimated costs associated this project are outlined below: Health and Safety Plan and Phase II Work Plan Phase II Investigation (including subcontractors) PBPNIC Program Assistance Phase II Report/FFS/RAP preparation Estimated Project Total $ 2,063 $ 42,515 $ 3,341 $ 14,826 $ 62,745 ;:0<.", ! ) Please note that this is the same budget used in the preparation of the Minnesota Department of Employment and Economic Development (DEED) Contamination Investigation and RAP Development Grant Application. Closin1: It is our understanding that the City would like to apply for cleanup grants through both the Minnesota Department of Employment and Economic Development (DEED) and the Metropolitan Council Livable Communities TBRA grants during the November 2006 funding cycle. ProSource staff would be available to assist the City with preparation of both grant applications. If you would like Pro Source to assist with the preparation of the grant application, a cost estimate can be prepared at that time. To authorize the work as described above, please review the attached Terms and Conditions, sign in the space provided below and return via fax to (763) 786-1030. If you have any questions or comments, please feel free to contact me at (763) 786-1445. We look forward to working with you on this project. Thank you for your time and consideration. Sincerely, ProSource Technologies, Inc. Accepted by: James B. Crowl III, P.G. Project Manager ProSource Technologies, Inc. February 15,2006 Scope of Work and Cost Estimate for Phase II Investigation, FFSIRAP 39th and Central Avenue Northeast Page 4 STANDARD TERMS AND CONDITIONS 1. 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. 2. CHANGE OF SCOPE. The scope of Services set forth in this Agreement is based on facts known 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 ifnot objected to within ]5 days of receipt by Client. 3. SAFETY. Pro Source 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 job site safety and safety of persons other than Pro Source employees. 4. DELAYS.]f events beyond the control of Client or Pro Source, 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, Pro Source 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 oftime equal to the delay and an equitable adjustment in compensation. 5. 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. 6. OPINIONS OF CONSTRUCTION COST. Any opinion of construction costs prepared by ProSource is supplied for the general guidance of the Client only. Since Pro Source has no control over the competitive bidding or market conditions, Pro Source cannot guarantee the accuracy of such opinions as compared to contract bids or actual costs to client. 7. 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 Pro Source specifically disclaims any authority to direct or supervise the means, methods, techniques, sequences, or procedures or construction selected by Client's contractors. 8. 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 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. Pro Source Technologies, Inc. February 15, 2006 Scope of Work and Cost Estimate for Phase II Investigation, FFSIRAP 39th and Central Avenue Northeast Page 5 9. INSURANCE. ProSource will maintain insurance coverage for Comprehensive General, Automobile and Worker's Compensation in amounts in accordance with legal, and Pro Source's business, requirements. Certificates evidencing such coverage will be provided to Client upon request. 10. INDEMNITIES. To the fullest extent permitted by law, Pro Source 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 1 above of Pro Source, 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 or 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 Pro Source in the Services; or (b) operation or management of the Project. Client also agrees to require its construction contractor, if any, to include Pro Source as an indemnitee under indemnification obligation to Client. 11. LIMIT A TIONS OF LIABILITY. No employee or agent of Pro Source shall have individual liability to Client. Client agrees that, to the fullest extent permitted by law, Pro Source'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, Pro Source's negligence, errors, omissions, strict liability, or breach of contract shall not exceed the total compensation received by Pro Source 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 Pro Source 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. 12. ACCESS. Client shall provide ProSource safe access to any premises necessary for ProSource to provide services. 13. 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 Pro Source for the specific purpose intended, shall be at the Client's risk. Client agrees to defend, indemnify, and hold harmless Pro Source from all claims, damages, and expenses (including reasonable litigation costs), arising out of such reuse or alteration by Client or others acting through Client. 14. AMENDMENT. This Agreement, upon execution by both parties hereto, can be amended only by a written instrument signed by both parties. 15. 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. 16. 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. 17. 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. Pro Source Technologies, Inc. February 15,2006 Scope of Work and Cost Estimate for Phase II Investigation, FFS/RAP 39th and Central Avenue Northeast Page 6 18. 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. 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, including 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 warrant that they have the authority to sign as, or on behalf of, the party for whom they are signing. ProSource Technologies, Inc. February 15,2006