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HomeMy WebLinkAboutContract 19871987 ~ __ January 10, 2007 Mr. Walter Fehst City Manager 9219 East River Road NW City of Columbia Heights Minneapolis, Minnesota 55433 63 ~ 3 $th AVenUe NE 763-788.445 Columbia Heights, MN 55421 Fax 763-786-1030 www.prosourcetech.com Re: Scope of Work and Cost Estimate for Pre-Demolition Surveys SOttl and Central Avenues Columbia Heights, Minnesota Dear Walt: ProSource Technologies, Inc. (ProSource) is pleased to present this Scope of Work and Cost Estimate to conduct Regulated Waste/Hazardous Materials Surveys (Surveys) for the three buildings located southwest of the intersection of 50"' and Central Avenues site in Columbia Heights, Mimlesota. The purpose of the Surveys is to identify and quantify regulated and/or hazardous materials prior to demolition of the buildings. Our Scope of Work and Cost Estimate are provided in the following sections. Scope of Work Regulated/Hazardous Materials Surveys ProSource will conduct regulated/hazardous materials surveys to identify and quantify hazardous or regulated materials present within each building. Materials may include, but are not limited to asbestos, lead-based paint, mercury, polychlorinated biphenyls (PCBs), chlorofluorocarbons (CFCs), fluorescent light bulbs, chemicals, flammable liquids, etc. ,4 ~I. ,, ..s..~ G~,. a... ~. i:...~ rt~~e~cv~ .~uiic~cc~c~ 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. At a minimum, 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 (i.e. puncturing walls} may be necessary in finished portions of each building (offices, employee break room, etc.) to complete this portion. of each Survey. will be initiated and ke t with the sam les until the are submitted to Achain-of-custody p p y a qualified laboratory for analysis. Samples will be analyzed for asbestos content in accordance with Environmental Protection Agency (EPA} Method 600R-93/166 and will. be examined using polarized light microscopy with dispersion staining techniques. ~ Environmental ~ Righf of -Nay ~ Engineering Regulated WastelHazardous Materials S~irveys 50`l' & Central Avenues -Columbia Heights, Minnesota Page 2 Fibrous components will be identified and an area percentage of asbestos present will be determined by visual estimation. Tn 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 between. the three buildings is 85. However, the number of samples may increase or decrease, depending on the observations made during the inspection. Lead-Based Paint Sampling The Mimlesota Pollution Control Agency (MPCA) defines lead-based paint as a coating that contains at least 5,000 parts-per-million (ppm) of 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 Iead-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 achain-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 12. However, the number of samples may increase or decrease, depending on the observations made during the inspection. Reporting Upon completion of the Surveys, three separate reports will be prepared. The lretportst' will iren~eirlA o r~ien~eaeinn of 41-tP ma4Ntne~c ttcar~ fnr camn~mlr and anatvctc flit' RC~'lPC}'llC At7fj !FA(I-I'151<P(j iiaviuuv u ui.~v u.~.~ivu v. u.v a..v ~.av....v ....~.... ~... .,.......N.. .b .~.... »........J.,.., ~.,_ ».... _.. _.... .~__" __~~ __. _._~ paint. A summary of those items which test positive for ACM or lead-based paint, as well as itemized lists of all materials identified during the regulatedlhazardous waste inventory will also be included. Furthermore, each report will include tables, figures and analytical results. Cost Estimate Based on the above Scope of Work, our Cost Estimate to complete the work as described above is $2,895. This cost includes all labor, equipment/expenses and analytical costs and is based on the number of asbestos and lead-based paint samples described. above (using a standard turnaround time from the laboratory). If additional asbestos or lead samples are deemed necessary during the Surveys, they will be billed at a cast of $25.00 per sample far collection, analysis and repairing (if necessary}. ProSource Technologies, inc. 3anuary 10, 2007 Regulated Waste/Hazardous Materials Surveys 50th & Central Avenues -Columbia Heights, Minnesota Ciasin Paae 3 We appreciate the opportunity to submit this Scope of Work and Cost Estimate. We would be able to initiate the Surveys following your Notice to Proceed and complete the work within three to four weeks. To authorize the work, please review the attached Terms and Conditions, sign in the space provided below and mail a copy back to us for our records. 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, ._ `-~ . "_ __ -. ~~ ProSourc:~: Technologies, Inc. -~ ~` James ;3. Growl III, P.G. Walter Fehst` Hydrogeologist/Project Manager City Manager - City of Columbia Heights ProSource Technologies, Ine. January l0, 2007 Regulated Waste!Hazardo~~s Materials Surveys 50th & Central Avenues -Columbia Heights, Minnesota Page 4 STANDARD TERMS AND CONDITIONS I. STANDARD aF 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 perforn~ed. 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 tiutices to proceed issued by a elient 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 if not objected to within I S days of receipt by Client. ?. SAFETv. ProSource has established and maintains corporate programs and procedums 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. 4. DELAYS. If events beyand 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. 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 .~_ ..i_ :r _ .,r. ,~1,. .~~r_ .l. „a .,.t X7;1; „fry .. r;,, a~ „ra SUSpCnd pCl~l Ur111A.I1CG U11UC1 llle Agr GGln Gi1L LL Giiri vl ~lit~11 ucGiaul~ i~ ilvi CvniiiiCiiCa.u aLu uu~g~°a.uy' .,vuuu...- , .... failure of the defaulting party to commence cure within such time limit and diligently continue, suspend perfornance under this Agreement. 6. OPINIaNS OF CaNSTRUCTION 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 Clients contractors, but ProSource specifically disclaims any authority to direct or supervise the means, methods, techniques, sequences, or procedures or construction selected by Clients contractors. $. CONSTRI.TCTION/CONTRACTOR OYERSICHT. 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 perforn7ance of construction-related or contractor oversight services by persons other than ProSource. ProSource Technologies, Inc. January 10, X007 Regulated VE~aste/Hazardous Materials Surveys 50~~' & Central Avenues -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 io 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 pem~itted 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 tinder 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 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. 12. ACCESS. Client shall provide ProSource safe access to any premises necessary for ProSource to provide services. 1;. REI.JSE (iF PRO.IEC'I' DELI°/EI~,131~~:5. 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. IfD. S"i'A'hLT~`ES P LI I~'ATI N. To the fullest exter~lt permitted by law, parties agree that, except for indemnification, the time period far bringing claims under this Agreement shall expire one year after Project completion. ProSource Technologies, lnc. January 10, ZOQ7 Regulated Waste/Hazardous Materials Survey s SOt~' & Central Avenues -Columbia Heights, Minnesota 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. 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. 1?roSource Technologies, Inc. January i0, 2007