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.
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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
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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
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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