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HomeMy WebLinkAboutContract 20232023 9219 East River Road NW !, Minneapolis, Minnesota 55433 763-786-1445 Fax 763-786.1030 www.prosourcetech.com octaber 4, 2007 Mr. Randy Schumacher Project Director City of Columbia Heights 590 40"` Avenue NE Columbia Heights, MN 55421 Re: Scope of Work/Cost Estimate Supplemental Ground Water Investigation Columbia Heights Industrial Park Columbia Heights, Minnesota Dear Randy: ProSource Technologies, Inc. (ProSource) is pleased to present this Scope of Work and Cost Estimate to conduct a supplemental ground water investigation for the Columbia Heights Industrial Park (Site) located in Columbia Heights, Minnesota. As you are aware, we have recently completed implementing the Minnesota Pollution Control Agency (MPCA) approved Response Action. Plan (RAP) to remediate contaminated soils within Phase IIl of the Project. As per our Agreement with staff from the MPCA Voluntary Investigation and Cleanup (VIC) Program, the City is required to conduct this investigation now that the final phase of soil remediatian has been completed. Based on the results of the Phase II Investigation, as well as ongoing quarterly ground water monitoring for the Site, the regional water table (approximately 90-100 feet below ground surface} is impacted with diesel range organics (DRO) and chlorinated solvents, which appear to be related to former operations across the Industrial Park. The purpose of this investigation is to define the vertical and horizontal extent of ground water conta~n~n~tion, evaluate geologic and hydrogeologic conditions, identify potential receptors and determine the need for additional corrective action, if necessary. ~ Scope of Work and Cost Estimate are provided in the following sections. Scope of Work Well Instatlatie~ra Prier to the start of work, ProSource will meet with staff from the MPCA VIC Program to review the existing data., discuss our approach and determine well locations. Please note that some of these wells may be located outside the Industrial Park. As necessary, ProSource will prepare Access Agreements and coordinate with neighboring landowners. A fatal of pro total of five monitoring wells. will have to be installed as part of this investigation. Drilling services will be provided by the Trout Well Company of Waite Park, Minnesota. All work will be done in accordance with Minnesota Department of Health (~VE[?H) Well Construction Code (1l~Iinnesota Rules 4725). A geologist from ProSource will provide oversight during. all soil boring and well installation activities. Please note that we are assuming that all wells will be carnpleted above grade and that all soiUrock cuttings, as we11 as drilling fluids can be disposed of on Phase III of the Site. En~°iranm~r~t~t • t~igf~t ~f 6~ay s Eng~neer€rrg Supplemental Ground Water Investigation Columbia Heights Industrial Park -Columbia Heights, IVlinnesota Page 2 once the wells have been installed, PraSaurce personnel will develop each new monitoring we11 to remove fines (i.e. silt and clay} that will have resulted from the drilling process. Following we11 development, we will conduct two rounds of baseline sampling to evaluate ground water quality. Analytical services will be provided by Pace Analytical Services of Green Bay, Wisconsin. ProSource personnel will also survey each we11 to provide vertical and horizontal control. Repat-ting Fallowing completion of field work, we will prepare are report far submittal to the MPCA. In short, the report. will include a discussion of field methods, geologic/hydrageolagic conditions and analytical results. In addition,. a recommendation will be made as to the need far ground water remediatian. Should remediatian be necessary, the report will also discuss the proposed corrective action to be taken. Applicable tables, figures, and/or supporting data (i.e. baring logs, well diagrams, field farms, etc.} will be included. Cast Estimate Based an the above Scope of Work, our Gast Estimate to complete this work is $84,748. Of this, $45,568 will saver the casts of drilling services. The remaining. $39,180 includes all lobar, equipment and expenses related to coordination v~rith subcontractors, oversight, we11 development, baseline sampling, surveying, reporting, project rr~anagement and liaison with the 1VIl'GA. We will provide you with a separate scope of work and cost estimate, should remecliatian be required. Please Hate that we are also installing three additional wells tQ replace those which had to be abandoned to accommodate redevelopment (i.e. infrastructure, fawn home construction}. As we've previously discussed, costs associated. with the replacement of these three wells will be the responsibility of Scleafer Itiehardsan and/or Ryland HamEes. However, the casts associated with subsequent ground water sarpling, repartirzg, abandonment, etc. are the responsibility of the City. Cla~sitt We appreciate the apportunity~ to submit this Scope of Work and Cast Estimate. We would be able to initiate this work immediately following year blatice to Proceed and complete the work by December 3 I, X007. Ta authorize the work, please review the attached Terms and Conditions, sign in the space provided Flaw and return a copy to us far our records. Ff you bane any questions or comments, please feel free to call me at (763} 786-14115. `Thank you far year time and consideration. Sincerely, PraSaurce Technalagies, Inc. ~~ ~- :~ f ~.~-' h_ ~. Ia~s B. Crawl III, P.G. Walt Fehst Hydrogealagi jest agar City 104anager -City of Columbia Heights P'rource T"echnologi~, Inc, (}ctober ~, Lttu t Supplemental Ground Water Investigation Columbia Heights Industrial Park -Columbia Heights, Minnesota Page 3 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 rime 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_comrnercial 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, 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 approvedrf 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 jab site safety and safety of persons other than ProSource employees. 4. DELAYS. If events beyond the control of Client ar 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 44 days, ProSource shall be entitled to an equitable adjustmont in compensation. In the event that the project is delayed by Client and such delay exceeds 3d days, ProSource shall be entitled to an extension of time equal to the delay and an equitable adjustment in compensation. 5. TER1VllNATION / SUSPENSION. Either party may termm~ate this Agreement upon 3(t 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 tcy make the payments required hereunder), the non-defaulting party may> after '7 days wntten nahce 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 conurtence 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 eampetirive bidding or market conditions, ProSource cannot guarantee the accutncy of such opinions as compared to contract bids as actual casts to client. 7. RELATIONSHIP WITH CONTRACTORS. ProSource shall serve as Client`s professional representative for the Services, and may make recanunenda~ons 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 ar construction seloctod by Client's eantradors. 8. CONSTRHC'TIOI~/COI~'TRACTOR OVEItSIOHT. Far projects involving cans€ntetian ar contradar oversight, Client acknowledges that under generally accepted professional practice, interpretations of construdian documents or field plans in the field are normally required, and that performance afconslruction-related. services by the design professional far the project permits onrors or omissions to be identified and corroded at comparatively low cast. Client agrees to held ProSource harrnless from any claims resulting from porformance of cctructiart-related or contradar avorsigbt services by arsons othor than ProSource. ProSource Technologies, Inc. October 4, ZO(3'7 Supplemental Ground Water Investigation Columbia Heights Industrial Park Columbia Heights, Minnesota Page 4 9. INSURANCE. ProSource will maintain insurance coverage for Comprehensive General, Automobile and Worker`s Compensation in amounts in accordance with legal, and ProSouree's business, requirements. Certificates evidencing such coverage will be provided to Client upan request. 10. INDEMNIZ'TES. 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, ar (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. LIlVIITATIONS dF 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 far any and all injuries, claims, losses, expenses ar 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 Glient 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 as.,-u~« lion of such additional risk. IN NO EVENT AND UNDER NO CIRCUMSTANCES SHALL PROSOURCE BE LIABLE TO CLIENT FdR CONSEQUENTIAL, R~CIDENTAL, INDIILECT, SPECIAL, dR PUNTTPJE DAMAGES. 12. ACCESS. Client shall provide ProSource safe access to any premises necessary for ProSource to provide services. 13. REI3SE QF pRt3JECT I3ELI~'EERABLES. 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 ar 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. J~4. ~+~NDIVIENT. This Agreement, upon execution by both parties hereto, can be amended only by a writte€r instrument sued by both parties. 15. ASSIf,~~~Y~FIENT. 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 garty. This Agreement shall be binding upan and inure to the benefit of arty permitted assigns. 16. STATI.T"I~S OF IITATIUN. To the fullest extent permitted by law, parties agree that, except for indenifireation, the time period for bringing claims under this Agreement shall expire one year after Project carrrpletion. l?roSource Technologies, Inc. October 4, 2Q07 Supplemental Ground Water Investigation Columbia Heights Industrial Park Columbia Heights, Minnesota Page 5 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'ro5ource Technologies, Inc. ~ October 4, 2(}(17