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HomeMy WebLinkAboutContract 1950 9219 East River Road NW Minneapolis, Minnesota 55433 763-786-1445 Fax 763-786-1030 www.prosourcetech.com P....Sou..ce r:r'E%;;iH~g": U~#fur~'_ November 15, 2006 Mr. Bill Elrite Finance Director 590 40th Avenue Northeast Columbia Heights, Minnesota 55421 Re: Proposal and Cost Estimate Phase I Environmental Site Assessment 4940,4946 & 4952 Central Avenue Columbia Heights, Minnesota Dear Mr. Elrite: ProSource Technologies, Inc. (Pro Source) is pleased to present to you this proposal and cost estimate to conduct a Phase I Environmental Site Assessment (ESA) for the above referenced Property (Site) in Columbia Heights, Minnesota. It is our understanding the Site consists of three separate parcels covering approximately one acre. The Scope of Work and Cost Estimate to conduct this work are provided in the following sections. The purpose of conducting the Phase I ESA is to provide information about the general environmental character of the Property; and satisfy one of the requirements to qualify for the innocent landowner, contiguous property owner, or bona fide prospective purchaser limitations on Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) liability in accordance with 42 USC n_'^"'~""''''''/'''''''''' ."'."1 ., 11 .,... 1""1""\1. . '., ,1 1, 1 ....0, ," 11 S':IOU 1 p;:, )~J:j), II me neeo sn0U10 anse. 1 naT reqUirement m<.:lUUC::S <':Ulloucung au appropriate inquiry into the previous ownership and uses of the Property consistent with good commercial and customary practice." In addition, the Phase I ESA will be completed with consideration of property transfer guidelines as set forth by the MPCA, 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). The Phase I ESA will also assess the potential for environmental impact to this Property from other nearby facilities also covered under MERLA. A detailed scope of work to conduct the Phase I ESA is provided below. Scope of Work The Phase I ESA will be conducted following guidelines established by the American Society for Testing and Materials (ASTM), "Standard Practice for Enviromnental Site Assessments: Phase I Environmental Site Assessment Process, Standard EI527-05". 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. Environmental. Right of Way. Engineering Proposal and Cost Estimate Phase I Environmental Site Assessment 2 The scope of services to be provided by ProSource to conduct a Phase I ESA of this Property includes the following: 1. 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. 2. Uses of the Property - Identify obvious uses of the Property from the present, back to the Property's first developed use, or back to 1940, whichever is earlier. 3. Uses of Properties in Surrounding Area - Identify uses of surrounding parcels, to the extent that this infonnation is revealed in the course of researching the Property. 4. Site Reconnaissance - Visit the Property in an effort to visually or physically detennine the presence of underground or aboveground storage tanks (USTs or ASTs) including types of materials stored, refuse disposal, wells, septic systems, sumps, pits, ponds, lagoons, catchment basins, retention ponds, areas of surface soil staining, stressed vegetation, or any other obvious indication of a contamination source. Adjacent properties will also be assessed to determine if they are potential sources of contamination. 5. Site Maps - Provide historic and current topographic maps which designate the locations of pertinent site features, structures and potential sources of contamination. 6. Database File Search - Conduct a database file search of all applicable State, Federal and Tribal regulatory agencies to determine the presence of known contaminated sites near the Site. 7. Infonnation Requests - Inquire via letter or telephone interview with local officials regarding their knowledge of the Property. A reasonable attempt will be made to contact at lease one staff member of the local fire department, State or local health department, local engineering and/or public works department, planning and development personnel of the city, county and other development ","thAr1t,PC' '7A1"I.no ",nrl ",C'C'pC'C'1"I'1pnt nprC'A1"I1"Ipl Af'thP I'.tu nr I'Allntu thP I'nllntu C'nl.rl UT<>C'tp nf'f11'pr __-............'-'......l-"._u, L.l'-'.L.a..a..I..l-b """JI...&........ ",""uu_uu.L.I..l_.&..l1l. Y_.LU'-'.I-.L&-.l._.I. '-'..L .........._ _..."'; 1...'..1. _'-''-II-.L....'''':, 1..1..1._ -'-'-..1..1...,) o...}....,..I..I....... ,,_u,,""'" ..................1.__..., the county hazardous waste officer, and the local fire department inspector. 8. Water Supply - Identify the source of potable water for the Property. 9. Aerial Photographs - Provide and review copies of aerial photographs, or reasonable facsimiles, to check for altered land use, previous storage, etc. 1 O. Sanborn Maps - Provide and review copies of historic Sanborn fire insurance maps, or reasonable facsimiles, to check for altered land use, previous storage, etc. 11. City Directories - Review historic city directories which have been published to detennine the history of occupancy. 12. Other Historical Records - Review as necessary, other historical records including but not limited to Property tax files, recorded land title records, building department records, zoning department records and other reasonably ascertainable historical sources that identify past uses of the Property. 13. Interviews - Reasonable attempts will be made to obtain information from past and present owners, operators, and occupants ofthe Property. All information gathered during the Phase I ESA will be presented in a single comprehensive report. The report will identify recognized environmental conditions (RECs) and will provide recommendations for any additional actions at the property. ProSource Technologies, Inc. November 15, 2006 Proposal and Cost Estimate Phase I Environmental Site Assessment Page 3 Users Responsibilities In accordance with ASTM, several tasks are to be provided by the User and will help identify the possibility for recognized environmental conditions in connection with the Property. The following tasks are expected to be completed by the user and this infonnation provided to ProSource: 1. Environmental Cleanup Liens 2. Activity and land use limitations that are in lace on the Property or that have been filed or recorded in a registry. 3. Specialized knowledge or experience of the person seeking to qualify for the Landowner Liability Protection 4. Relationship of the purchase price to the fair market value of the Property if it were not contaminated. 5. Commonly known or reasonably ascertainable information about the Property, and 6. The degree of obviousness of the presence of likely presence of contamination at the Property, and the ability to detect the contamination by appropriate investigation. Assumptions/Conditions 1. No attempt will be made to perfonn a compliance audit involving regulatory permit review for any on-site operations or adjacent areas of concern identified during this Assessment, or for any planned use ofthe Property. 2. ProSource will be provided with the names and telephone numbers of key contact persons for the Property. 3. 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. Furthennore, it is assumed that all information compiled from these agencies can be obtained without conducting on-site interviews with departmental staff. 4. The site reconnaissance will only be performed across areas of the Property which are readily accessible during site activities. 5. Access to the Property will not be restricted. Cost Estimate Based on the above scope of work, our lump sum cost to conduct this Phase I ESA is $1,800. This cost includes all labor and expenses. Based on the above Scope of Work and Cost Estimate, we can initiate the project immediately following your authorization to proceed and should be able to submit the report by mid-December 2006. ProSource will invoice you upon completion and submittal ofthe final report. ProSource Technologies, Inc. November 15, 2006 Proposal and Cost Estimate Phase I Environmental Site Assessment 4 Closing We appreciate the opportunity to submit this Proposal and Cost Estimate. To authorize the work, 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 call me at (763) 786-1445. Thank you for your time and consideration. Sincerely, ProSource Technologies, Inc. Accepted by: James B. Crowl III, P.G. Project Manager/Hydrogeologist Attachment: Standard Terms and Conditions ProSource Technologies, Inc. November 15,2006 Proposal and Cost Estimate Phase I Environmental Site Assessment Page 5 STANDARD TERMS AND CONDITIONS 1. ST ANDARD OF CARE. Services shall be perfonned 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 waITanties 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, ifapplicable, 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 15 days of receipt by Client. 3. 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, Pro Source specifically disclaims any authority or responsibility for general job site safety and safety of persons other than Pro Source employees. 4. DELAYS. If 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, ProSource shall be entitled to an equitable adjustment in compensati on. In the event that the project is delayed by Client and such delay exceeds 30 days, Pro Source shall be entitled to an extension of time 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 Ciients obiigation 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, ProSource 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 Pro Source harmless from any claims resulting from performance of construction-related or contractor oversight services by persons other than ProSource. ProSource Technologies, Inc. November 15, 2006 Proposal and Cost Estimate Phase I Enviromnental Site Assessment Page 6 9. 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. 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 I 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 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 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 Pro Source shall have individual liability to Client. 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, Pro Source'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. 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 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. 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. November 15,2006 Proposal and Cost Estimate Phase I Environmental Site Assessment Page 7 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, ifany. 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. November 15, 2006