HomeMy WebLinkAboutContract 1945
9219 East River Rem NN
Minneap:Jlis, Mimesola 55433
763-783-1445
Fax 763-783-1030
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November 16, 2006
Mr. Randy Schumacher
City of Columbia Heights
590 40th Avenue NE
Columbia Heights, MN 55421
Re: Proposal for Environmental Services
Former Apache Six Theatre
Columbia Heights, Minnesota
Dear Mr. Schumacher:
ProSource Technologies, Inc. (ProSource) is pleased to present this Proposal and Cost
Estimate to conduct a Regulated Waste/Hazardous Materials Survey (Survey) for the
Former Apache Six Theatre site located in Columbia Heights, Minnesota.The purpose of
the Survey is to identify and quantify regulated and/or hazardous materials prior to
demolition of the building. As per your request, we are also including a Cost Estimate to
provide coordination and oversight related to demolition of the building. Our Scope of
Work and Cost Estimate are provided in the following sections.
SCODe of Work
RegulatedIHazardous Materials Survey
Pro Source will conduct a regulated/hazardous materials survey to identify and quantify
hazardous or regulated materials. These materials may include, but are not limited to
mercuty, polychloruJiited biphenyls (PCBs), chlorofluorocarbons (CFCs), fluorescent
light bulbs, chemicals, flammable liquids, etc.
Asbestos Sampling
Samples of suspect asbestos containing materials (ACM) will be collected at random
locations and sealed in polyethylene bags. All materials will be wetted prior to sampling
to minimize fiber/dust release to the environment. Approximately three samples of a
homogeneous building material will be collected as a sample set to represent the material
type. Homogeneous materials (i.e. thermal system insulation, ceiling spray, tile, etc.) are
defined as those which appear to be the same on the basis of apparent age, color, size
and texture. It should be noted that destructive sampling (Le. puncturing walls) will be
necessary in the finished portions of the building (offices, employee break room, etc) to
complete this portion of the Survey.
A chain-of-custody will be initiated and kept with the samples until they are submitted to
a qualified laboratory for analysis. Samples will be analyzed for asbestos content in
accordance with Environmental Protection Agency (BPA) Method 600R-93/166 and will
be examined using polarized light microscopy with dispersion staining techniques.
ErMrormenfaI. Right ofLMly. Ergineering
Regulated Waste/Hazardolls Materials Survey
Former Apache Theatre - Columbia Heights, Minnesota
Page 2
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Fibrous components will be identified and an area percentage of asbestos present will be
determined by visual estimation. In addition, the laboratory will use a "test until positive"
scheme (meaning if the first sample of the set is found to contain asbestos, the remainder of the
sub-set samples will be assumed to be positive and no further analysis will be conducted). This
will serve to minimize analytical costs and may result in fewer samples being analyzed. The
estimated number of asbestos samples to be collected is 60. However, depending on the
observations during the inspection, the number of samples may increase or decrease.
Lead-Based Paint Sampling
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The Minnesota Pollution Control Agency (MPCA) defines lead-based paint as a coating that
contains 5,000 or greater parts-per-million (ppm) lead. Homogeneous paint materials that
contain less than 5,000 ppm may be treated as non lead-based paint and do not require removal.
Also, lead-based paint that is intact to its substrate (not peeling) does not require removal and
may be placed in a demolition landfill. Substrates with lead-based paint coatings may not be
crushed for recycling purposes unless the lead-based paint is removed prior to demolition.
ProSource will identify and sample homogeneous paint material. Homogeneous paints are
defined as areas of similar paint history such as color, location and texture. As with asbestos,
paint samples will be placed into sealed polyethylene bags and a chain-of-custody will be
initiated and kept with the samples until they are submitted to a qualified laboratory for analysis.
Samples will be analyzed for lead in paint utilizing methods based on current EPA protocol SW-
846, Method 7420 and American Society for Testing and Materials (ASTM) D-3335-85A. The
estimated number of lead samples that will be collected is 15. However, depending on the
construction of the building as noted during the inspection, the number of samples may increase
or decrease.
Reporting
Upon completion of the Survey, all information and laboratory data will be presented in a single
comprehensive report. The report will include a discussion of the methods used for sampling
and present the results for the asbestos and lead-based paint sampling and analysis. An itemized
list of all materials identified during the regulatedlhazardous waste inventory will also be
included.
Coordination of Building Demolition
ProSource will prepare specifications for the building demolition, assist the City with
procurement of a demolition contractor and provide project management/coordination with the
selected contractor throughout the demolition process. For estimating purposes, we are assuming
that a total of24 hours will be required to complete this task.
ProSource Technologies, Inc.
November 16, 2006
Regulated Waste/Hazardous Materials Survey
Former Apache Theatre - Columbia Heights, Minnesota
Page 3
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Demolition Oversight
ProSource will conduct spot checks during the removal of hazardous/regulated waste, asbestos
and lead abatement, demolition of the building and the removal of the pavement. In addition, we
will have staff on-site full time during the removal of the elevator, floor slab and building
footings/pilings. Should any environmental concerns identified during oversight, ProSource will
immediately notify the City for further instructions. It is our understanding that the
Development Agreement between the City and Pratt Ordway, LLC (pratt), states that all
environmental concerns at the Site (if any) will be the responsibility of Pratt. For estimating
purposes, we are assuming that a total of 64 hours will be required to complete this task.
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Cost Estimates
Based on the above Scope of Work, our Cost Estimates to complete each task are shown below.
These costs include all labor, equipment/expenses and analytical costs related to the Survey (based
on the number of samples described above). If additional asbestos or lead samples are deemed
necessary during the Survey, they win be billed at a cost of$25.00 per sample for collection, analysis
and repairing.
RegulatedlHazardous Materials Survey
.> ,. ".,0"'" ,.,',,', ,',.-. ,".' .....
CooI;dination ofBuildirig D,emolition ..--
-_..~-_._---
Demolition Oversight
. . -." " . . .
E~thnaied Project Total-_
I - 3,950.00
-'I 1,932.00
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; 4,858.00
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_______._~_..__10?740.00----
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We appreciate the opportunity to submit this Proposal and Cost Estimate. We would be able to
initiate the Survey immediately following your Notice to Proceed and complete the work within
three to four weeks. In addition, we are prepared to assist City with Coordination and Oversight
whenever you are ready. To authorize the work, please review the attached Terms and
Conditions, sign in the space provided below and return via fax to (763) 786-1 030.If you have
any questions or comments, please feel free to call Jim Crowl or myself at (763) 786-1445.
Thank you for your time and consideration.
Sincerely,
Pro Source Technologies, Inc.
C/C~~S~
Christy Steman
Environmental Scientist
CC: Wade Carlson
Jim Crowl
Barb Ryan
Walt Febst
City Manager - City of Columbia Heights
ProSource Technologies, Inc.
November 16, 2006
Regulated WastelHazardous Materials Survey
Fonner Apache Theatre - Columbia Heights, Minnesota
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.
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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. Pro Source 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.
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, ProSource
specifically disclaims any authority or responsibility for general job site safety and safety of persons other than
ProSource employees.
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4. 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 aJl'd such delay exceeds 30 days, ProSource shall be entitled to an
extension of time equal to the delay and an equitable adjustment in compensation.
5. TERMINATION I SUSPENSION. Either party may terminate this Agreernent upon 30 days written
notice to the other party. Client shall pay ProSource fOi iU Se;.;cc5, including any expenses, incurred prier 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 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.
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 ProSource 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.
ProSource Technologies, Inc.
November 16, 2006
Regulated Waste/Hazardous Materials Survey
Former Apache Theatre - Columbia Heights, Minnesota
Page 5
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. 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, 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 PU-;-.rITIVE 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.
ProSource Teclmologies, InC.
November 16, 2006
Regulated Waste/Hazardous Materials Survey
Former Apache Theatre - Columbia Heights, Minnesota
Page 6
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.
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.
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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.
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ProSource Technologies, Inc.
November 16, 2006