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HomeMy WebLinkAboutContract 19711971 August 24, 2006 Mr. Randy Schumacher Project Director -City of Columbia Heights 590 40`'' Avenue Northeast Columbia Heights, Minnesota 55421 Re: Scope of Work and Cost Estimate Enviromnental Cleanup Columbia Heights Industrial Park -Phase III Dear Randy: On behalf of ProSource Teclulologies, Inc. (ProSource), I'd like to again congratulate the City of Columbia Heights (City) on your continued success in redeveloping the Columbia I~ei~hts Industrial Par%. You ve accomplished a great deal of work over the course of the last three years and the transformation during the last year has been a real pleasure to watch_ We greatly appreciate the opportunity to work with you through tl7e completion of Phases I and II and look forward to moving ahead with environmental cleanup and redevelopment activities il~ Phase III. As per your request, we've prepared this letter to slummarize the Scope of Work and Cost Estimate to implement cleanup activities associated with Phase III. Scope of Work As you are aware, the Scope of Work has ah•eady been included in the Minnesota Pollution Control Agency (MPCA) approved Phase II Investigation Report, Focused Feasibility Study (FFS) and Response Action Plan (RAP) dated October 9, 2003. Therefore, I would like to briefly summarize the work alld costs associated with the forthcoming work. hi short, services to be provided by ProSource will include: • Continuing liaison with between. the City, MPCA, Schafer Richardson andlor other applicable regulatory agencies. • Conducting pre-demolition surveys. • Preparing specifications and/or hid documents for Contractor services. • Scheduling and coordination with Contractors. • Coordination and oversight for implementation of soil and ground water Response Actions. • Installation of additional monitoring wells to further evaluate water quality of the regional water table and make a determination as to the need for additional ma~~itoring and/or remedial action. • Reporting. • Project Management. Scope of Work and Cost Estimate Columbia Hei~l~ts hldustrial Park -Phase III Project Costs 2 The estimated cast to complete the enviroiullental cleanup associated with Phase III of this project is $1,689,965. Of that, we estimate that $212,471 will go tluough ProSource as labor, equipment, expenses or subcontractors (laboratory and drilling). A breakdown of project costs is included on the attached table, which was taken from the Phase III Grant Application submitted to DEED and Met Council on October 31, 2005. As you know, the City was successful in their Application, receiving a total of $1,091,281 in funding between the DEED and Met Council Grant Awards. 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 (as with Phases I and II). However, ProSource will prepare applicable portions of specifications and./or bid documents, provide scheduling, coordination and oversight with the Contractor and review C~onti-actor invoices to verify quantities and costs prior to submittal to the City. ProSource will again be responsible for procuring contractors to provide drilling and analytical services. Closing As the winter months are rapidly approaching and redevelopment within Phase III is slated to beg111 with the onset of thawing conditions in the spring of 2007, we realize the City would like to begin cleanup activities as soon as possible. As such, we are prepared to initiate work immediately. 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 fi•ee to call me in our office at (763) 786-1445 or on my cell phone at (763) 458-8174. Sincerely, ProSource Teclulologies, Inc. ,~~--~_ ~~ 3ai~zes >_~. growl III, I'.G. Project y~nager/Hydrogeologist Accepted by: /` ~` !nary 'L. t~et~rson- i/"yor Attachments: Cost Estimate (Phase III) Standard Terms and Conditions Walter R. Fehst- City h7ana~er ProSource Technologies, Inc. August 24, 2006 Scope of Work asld Cost Estimate Columbia Heights Indtiistrial Park -Phase III STANDARD TERMS AND CONDITIONS I. STANDA 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 a~1y purchase orders, requisitions or notices to proceed issued by a client a~-e specifically objected ta. 2. CHANGE OF SCOPE. "fhe scope of Services set forth. in this Agreement is based. on facts ]crown 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, wlvch shall be deemed approved if not objected to within I5 days of receipt by Client. 3. SAFETY. ProSource has established anal 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. ~. DELAYS. If events beyond the control of Client or ProSource, including, but not limited to, tire, flood, explosion, riot, strike, war, process shutdown, acts of God or the public enemy, and act or regulation of any government agency, result ii~r 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 a~1d an equitable adjustment in compensation. S. TERMINATION /SUSPENSION. Either party may terminate this Agreement upon 30 days written notice to the other party. Client shall. pay ProSaurce 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 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 VVITII 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 specifcally disclaims any authority to direct or supervise the means, methods, techniques, sequences, or procedures or construction selected by Client's contractors. ~. CONSTRUCTION/CONT~2ACTOR OVERSIGHT. For projects involving construction or contractor oversight, Client acknowledges that under generally accepted professional practice, interpretations of consn•uction documents or field plans in the field are narnally required, and that performance of construction-related services by the design professional. for the project permits errors or amissians to be identified and corrected at comparatively Saw cost. Client agrees to Bold ProSaurce harmless from any claims resulting from performance of construction-related or contractor oversight services by persons otl3er than ProSour-ce. 9. INSU NCE. ProSource will maintain insurance coverage for Comprehensive General, Automobile and Warkea•'s Compensation in amounts in accordance with Legal, and PraSource's business, requirements. Certificates evidencing such ProSot.trce Tecl~noiobies, It~c. Elltgrtst 24, 2006 Scope of Work and Cost Estimate Columbia Heights Industrial Park - P~lzase III coverage will be provided to Client upon request. 10. LNDEMNITIES. 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 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 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 ProSource 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 u1 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 Past 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 U1v'DER NO CIRCUMSTANCES SHALL PROSOURCE BE LIABLE TO CLIENT FOR CONSEQUENTiAL,1NCIDENTAL, 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. I4. AMENDMENT. This Agreement, upon execution by both parties hereto, can he 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 indennification, the time period for bringing claims under this Agreement shall expire ane year after Project completion. 17. PREVAILING PARTY LITIGATION COSTS. In the event any actior7s are brought to enforce this Agreement, the prevailing parry shall be entitled to collect its litigation costs from the other party. I~. Nt? WAIVER. No waiver by either party of any default by the otl~e~r party in the performance of any particalar section of this Agreement shall invalidate any other section of this Agreement or operate as a waiver of any future default, whether Iike ar different in character. I~. l~r® THIRD-PART' BENEPICIAR~'. Nothing contained in this Agreement, nor the performance of the parties ProSource Technologies, Inc. August 24, 2006 Scope of Work and Cost Estimate Columbia Heights Industrial Parlc -Phase III hereunder, is intended to benefit, nor shall inure to the benefit of, any third party, including Client's contractors, if any. 2d. SE+ VEI~ABILITY. 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 shaI1 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, hoc. August 24, 2006 casT EsTno~AT>/ ~~asE m} DEED Cantaminatian Cleanup Grant Application Columbia Heights Industrial Park Columbia 1-Ieighfs, Minnesota PraSource Project No.: 529-00 Item Estimated Cost nrpacted Soil (Petroleurrr mixed rvitlz Foundry lYaste) Excavation (&00 cubic yards} $1,200 Hauling (800 cubic yards} $11,200 Landfill Disposal (1040 tons} $6,760 Laboratory Testing (using a 2X multiplier per sample for 24-hour turnaround time} $3,618 Backtill--Materials, Hauling, & Placement (800 cubic yards) $3,600 Field Oversight, Equipment, and Expenses $1,083 Subtotal $27,461 ,~'o[erzdty YVaste Excavation (42,968 cubic yards} $64,452 Hauling (42,968 cubic yards) $60I,552 Landill Disposal (55,858 tons} $363,077 Laboratory Testing (using a ZX multiplier per sample far 24-hour turnaround time) $20,111 Backfill--Materials, Hauling, & Placement (42,968 cubic yards) $193,356 Field Oversight, Equipment, and Expenses $29,099 Slag Wall Removal and Disposal $12,336 Subtotal $1,283,983 Buildireg Demolition Pre-demolition Surveys (Asbestos, Lead Based Paint, Regulated/Haz. Materials eta) $16,030 Asbestos Abatement $102,861 Building Demolition $I 12,000 Field Oversight, Equipment, and Expenses $7,736 Serbtota! $238,627 GrourTd I~Yater Rentediatian Passive Free Product Recovery in Excavations $2,300 Installation of Water Table Monitoring WeII Network Monitoring Well Installation and Oversight $96,579 Subtotal $98,879 c~ii:er ~I Site survey (pre-, during and post-excavation) ~ $7,050 Clearing and Grubbing of approximately 0.6 acres $5,100 R.4P Implementation Report $12,125 Monitoring ~+~Tetl Abandonment $1,200 General Projc-ct Management, Liaison with Ciny and P/IPCA, Specifications, Coordination with Contractors, Etc. $15,540 Subtotal $41,015 't'otal Projected Costs»> $1,689,965