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HomeMy WebLinkAboutContract 2011 2362 .. 4 .,i IEN 4 sb1s4 is Contact L s: Asbestos Inspection 0000111910 PAIK OFFICE 9201 W. 8R©ADWAY, #600 for 11110010514PARK„ 6161 55445 Heights 763415 7900 l u MANKATO OFFICE 610 FL 18 OWE 611 56001 507-345-8818 ROCHESTER OFFICE 210 WOOD tAKE DRIVE SE RCOE$18t, MN 55904 507- 2814664 MARCH 4, 2011 OMAHA OFFICE 78871 STREET '11625TC61„ NE 68127 4024394240 www.ieeitIstitutscom infaSie®insttittlte.com 8.2 13 PROPOSAL #1587 i GSA Schedule . i Contract GS- IC°4 -0033V Asbestos Inspection Kevin Hansen City of Columbia Heights 637 — 38' Ave. NE Columbia Heights, MN 55421 -3806 Phone: 763 -706 -3705 E -mail: Kevin. Hanscn@ci.columbia-heights.mn.us Project Introduction At the request of the City of Columbia Heights, IEA, Inc. is pleased to provide the following proposal for asbestos inspection services for the demolition of boilers at the Columbia Heights Library, Columbia Heights City Hall, and the Columbia Heights Municipal Building. The asbestos inspection service provides an inventory of asbestos - containing materials (ACM). Inspections are conducted by state - certified Asbestos Building Inspectors. Asbestos sample analysis is performed by an independent, accredited analytical laboratory. A final report will be submitted which profiles the presence of ACM including location, type of material, amount of material, and laboratory analysis. Scope of Work The inspection includes the following: • Visual examination of all suspect material. • Identification and written description of asbestos - containing materials including approximate amounts of materials. Sampling and Analysis Bulk samples of accessible suspect materials will be collected and analyzed using preferred Environmental Protection Agency (EPA) sampling and analytical procedures. Sampling will be conducted in a manner determined by the inspector to be sufficient to identify whether the suspect materials are asbestos - containing. • For each homogeneous type of thermal system insulation, three samples will be collected. • For each homogeneous type of miscellaneous material, one to three samples will be collected. • Bulk samples will be analyzed by an independent laboratory which is accredited by NVLAP. • Analysis will be conducted by Polarized Light Microscopy (PLM) backed by dispersion staining techniques. • Material analysis will be reported by layer, with the exception of gypsum drywall and associated taping compound which will be reported as a composite. We will make use of previous sample analysis results to reduce the number of bulk samples collected. City of Columbia Ileights © IEA, INC. 2011 Proposal #1487 Page 1 of 3 Asbestos Inspection Limitations & Assumptions This proposal does not include abatement, removal, or disposal of any mptions nau material located in the above - mentioned inspection locations. Lab analysis turnaround time will be 72 hours. This inspection meets all the requirements of a Minnesota Pollution Control Agency (MPCA) demolition inspection. It is assumed that the Owner will shut down boilers and open boilers for access to all materials within the boilers to be inspected. It is also assumed the work will be completed in one site visit. Compensation The asbestos boiler demolition inspection will be billed at a flat rate of $400. This fee includes survey time, sample collection, project management /project review fees such as project planning, project development, documentation, reporting, LEA's transportation expense, and quality control. In addition to the above - mentioned flat rate, bulk sample analysis will be billed at $13 per asbestos bulk sample layer for a 72 -hour I turnaround time. For project work beyond the services outlined in this proposal and /or any changes to the agreed upon scope of work, IEA will obtain approval through a client- authorized change order. Schedule IEA's services will commence immediately upon receipt of the signed proposal. IEA will schedule this project through Kevin Hansen. Proposal Terms Terms on payment of services are net 30 days after invoicing, with interest added to unpaid balances. Please review the attached General Conditions, which are a part of this proposal, for more detail. City of Columbia Heights © IEA, INC. 2011 Proposal #1487 Page 2 of 3 Asbestos Inspection Authorization to Proceed Authorization to Proceed — Client Signature Required We appreciate the opportunity to present this proposal for Asbestos Inspection. Please sign this authorization to proceed, and fax to Matt Lindberg at 763 -315 -7920 or e -mail mattlindberg @ieainstitute.com. Retain the original for your records. We will begin the project at the time we receive this written documentation to proceed. IEA, INC. i # F Matt Lic1Z1 rg William Dold Project Manager Division Manager Please proceed according to the above stated fees, terns, attached General Conditions, and proposal #1587 dated rarch 4 2011. J ,t ate iE 46'o J inted Name Aut' ' ed _ . tune V V\ Date PO number City of Columbia Heights © IEA, INC. 2011 Proposal #1487 Page 3 of 3 Appendix A General Conditions General Conditions The word "Consultant" refers to the Institute for field PCM analysis will be completed Client shall indemnify and hold Environmental Assessment ( "[EA "), the by laboratory- approvcd field harmless Consultant against losses, contracting company is referred to as the `Client'. technicians, generally under AAR damages and claims, demands, actions, Client agrees to be bound by these General Guidelines. costs (including reasonable attorney Conditions by accepting the Proposal and fees), and lines of any kind resulting engaging Consultant. 2. Payment for Services from any breach of this Agreement by Client, its employees, agents, The Agreement with you, the Client, is comprised A. Fee Schedule & Maximum subcontractors or licensees, of their of this Agreement and accompanying written Costs obligation under this Agreement, or proposal. The fee schedule in the Proposal from any negligence or misconduct by specifies the amounts due to Client, its employees, agents, 1. Scope of Work Consultant from Client for its Services subcontractors or licensees, hut only Consultant will furnish and perform the performed under this Agreement. for the proportion of damages which is professional services specified in equal to Client's proportion of the total Consultant's proposal (the "Proposal "). The B. Schedule of Payment fault which directly caused the services as set forth in the Proposal (the Invoices will be submitted to Client damages. "Services ") will be provided by Consultant's once a month for services perfonned personnel 0 the location of the Client (the during the prior month. Payment to B. Limitation of Liability "Site ") (hereinafter referred to as the Consultant is due upon presentation to EXCEPT AS EXPRESSLY SET " Project"). If any portion of the Proposal is Client, and past due after thirty (30) FORTH IN SECTION l(C) HEREOF, inconsistent with this Agreement, the terms days of receipt of the invoice, in which CONSULTANT DISCLAIMS ALL of this Agreement shall control: case a service fee of 1.5% monthly WARRANTIES OF ANY KIND, shall he added to the invoice, unless WHETHER EXPRESS OR IMPLIED, Consultant's obligation to perform the specifically arranged otherwise by INCLUDING BUT NOT LIMITED Services shall terminate upon delivery of a Consultant and communicated in TO ANY WARRANTY OF final report within 45 days of Project writing. Client reserves the right to MERCHANTABILITY OR FITNESS completion. question any item on any invoice and FOR A PARTICULAR PURPOSE. Consultant agrees, upon Client's IN NO EVENT SHALL EITHER In addition to the Proposal, Consultant and request, to supply such documentation CONSULTANT OR CLIENT BE Client agree as follows: as is necessary to reasonably ,justify LIABLE TO THE OTHER PARTY such invoice amount to Client's FOR ANY INCIDENTAL OR A. Right of Access reasonable satisfaction. Client agrees CONSEQUENTIAL DAMAGES OF Unless otherwise agreed in writing, to pay Consultant any costs of ANY KIND WHETHER FOR Client will furnish Consultant with collection including reasonable BREACH OF ANY WARRANTY, right -of- access to the Site and accurate attorneys' fees and costs if payment FOR BREACH OR REPUDIATION information necessary to conduct the for Services are not made when due. OF ANY OTHER TERM OR Services, as requested by Consultant CONDITION OF THIS C. Expert Fee Expenses AGREEMENT, FOR NEGLIGENCE B. Confidential & Proprietary If Client requests Consultant to ON THE BASIS OF STRICT Information participate on behalf of Client in LIABILITY OR OTHERWISE. The Consultant and Client agree not to litigation regarding the subject matter disclose to others or use any of this Agreement, Client agrees to pay C. Insurance confidential or proprietary information all of Consultant's expenses arising (1) Consultant carries coverage and or trade secrets of the other, which therefrom at the prevailing rate for limits of liability insurance as may become known to each prior to, Consultant's time plus out -of- pocket follows: during or after the performance of this costs and expenses, including (a) Workers Compensation with Agreement without the prior written reasonable attorney fees incurred by statutory limits. consent of the other. "Confidential or Consultant in conjunction with the (b) Employers' Liability with a propriety information" and "trade participation. minimum policy limit of secrets" shall mean any information 51,000,000.00. about the other which is neither 3. Indemnity & Insurance (c) Comprehensive General publicly known nor legally accessible Liability with the following to the other parties from third parties. A. Indemnity coverage: Prior to the disclosure of any such Consultant shall indemnify and hold I. Limit 51,000,000.00 per confidential or proprietary information harmless Client against losses, occurrence or trade secrets, each shall obtain the damages and claims, demands, actions, II. $2,000,000.00 general written approval of the other. costs (including reasonable attorney aggregate fees), and fines of any kind resulting III. $2,000,000.00 products C. General from any breach of this Agreement by completed) operations Consultant warrants that the Services it Consultant, its employees, agents, aggregate performs under this Agreement will be subcontractors or licensees, of their IV. $1,000,000.00 personal performed with the care and skill obligation under this Agreement, or and advertising injury ordinarily exercised by reputable from any negligence or misconduct by V. 5300,000.00 fire members of its profession practicing Consultant, its employees, agents, Damage (any one fire) under similar conditions during the subcontractors or licensees, but only VI. $25,000.00 medical period of this Agreement and in the for the proportion of damages which is expenses (any one same or similar locality. The AIHA- equal to Consultant's proportion of the person) certified IEA laboratory will perform total fault which directly caused the PCM analysis if specified. damages. General Conditions (cont'd) (d) Automobile insurance 7. Notices covering all owned, non- Any notice under this Agreement shall be in owned or hired automobiles writing and shall be deemed to be properly used in connection with the given when delivered to an officer of Client work covering bodily injury or the Consultant's Chief Financial Officer, and property damage with a as the case may be, at their addresses as set minimum combined forth in the Proposal. The courts located in occurrence limit of the State of Minnesota shall have exclusive $1,000,000.00 jurisdiction in any actions commenced by (c) Professional Liability Consultant or Client in connection with this (claims made) with the Agreement, the Project or the Services. following coverage: $1,000,000.00 per 8. Applicable Law occurrence This Agreement shall be governed by and (f) Contractor Pollution construed under the laws of the State of Liability (claims made): Minnesota. Parties agree to participate in $1,000,000.00 each pre -suit mediation prior to commencement of occurrence an action. (g) Umbrella Liability. $5,000,000.00 each 9. Extent of Agreement occurrence This Agreement, together with the Proposal, represents the entire Agreement between (2) Client (or Owner if applicable), Client and Consultant, and supersedes all Subcontractors and Agents agree prior obligations, representations or to provide Consultant, upon agreements, either written or oral. This request, Certificate(s) of Agreement may be amended only by written Insurance signed by the insurer instrument, dated and executed by both evidencing insurance for premise Client and Consultant. liability, general liability, auto and workers comp. equal or 10. Termination greater than those limits carried Upon completion of the Project, Consultant by the Consultant. will, at Client's request, deliver to Client or its designee all records, documents or (3) Consultant shall promptly deliver materials in its possession or control of to Client (or Owner if Consultant which are owned by Client. The applicable), upon request, obligations and provisions of Sections 113, 2, certificate(s) of insurance signed 3, 5, 6 and 10 shall survive completion of the by the insurer for the policies Project or termination of this Agreement. described in (3) (C) above, or certified copies of such insurance policies indicating the existence of such coverage. lEA must be listed as both certificate holder and insured, or additional insured on each certificate of insurance. 4. Assignment This Agreement shall not be assigned by Consultant without prior written consent of the Client. 5. Independent Contractor Consultant is an independent Contractor and shall not be considered an employee, partner or joint venturer of the Client for any purpose. 6. Restriction to hire employees of Consultant Client agrees to refrain from hiring, contracting, or retaining the services of Consultant's employees during or within 12 months after the termination of Consultant's services. If Client hires an employee of Consultant in violation of this Section 6 without Consultant's written consent, Client shall pay Consultant a placement fee equal to twenty -five percent (25 %) of such employee's annual wages. 0 LEA, INC. 2011 ACc CERTIFICATE OF LIABILITY INSURANCE D /DD YYW} �.,�,.• -'' 1 / 21 / 2 011 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Wells Fargo Inc Services USA, Inc. (BLM) PHONE William Velin FAX PO Box 1450 NW 7837 (A /C. No. Ext): (952) 830 -3000 (A/C, No): E -MAIL ADDRESS: Minneapolis MN 55485 - 7837 PRODUCER CUSTOMER ID #: 71369 INSURERS) AFFORDING COVERAGE NAIC # INSURED INSURERA:Chartis Specialty Insurance Comp 26883 Institute for Environmental Assessment INSURERB:Hartford Underwriters Insurance 30104 9201 West Broadway No, #600 INSURERC:AmeriCan States Ins. (Safeco) Brooklyn Park MN 55445 INSURER D: (763) 315 -7900 INSURER E INSURER F COVERAGES CERTIFICATE NUMBER: Cert ID 191194 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT VVITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUBR POLICY EFF POLICY EXP y LTR INSR WVD POLICY NUMBER (MM /DD/YYYY) (MM /DD/WYY) LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 DAMAGE TO RENTED A COMMERCIAL GENERAL LIABILITY Renl of: 14292377 1/1/2011 1/1/2012 PREMISES (Ea occurrence) $ 300,000 CLAIMS -MADE ( OCCUR CGL /Poll- Occurrence MED EXP (Any one person) $ 25,000 X E &O Liab E &0 Claims Made PERSONAL & ADV INJURY $ 1,000,000 X Pollution GENERAL AGGREGATE , $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER . PRODUCTS - COMP/OP AGG $ 2,000,000 PRO - POLICY JECT LOC Pollution - Occurenc $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 1,000,000 C ANY AUTO 01CI15157802 1/1/2011 1/1/2012 (Ea accident) BODILY INJURY (Per person) $ ALL OWNED AUTOS BODILY INJURY (Per accident) $ SCHEDULED AUTOS PROPERTY DAMAGE $ X HIRED AUTOS (Per accident) X NON -OWNED AUTOS $ $ UMBRELLA LIAR X ( OCCUR ( EACH OCCURRENCE $ 5,000,000 A - - -L Renl of: 14294366 1/1/2011 1/1/2012 ------- - - - - -- X EXCESS LIAB CLAIMS -MADE AGGREGATE $ 5,000,000 DEDUCTIBLE I$ X RETENTION $ 10,000 ( ( $ WORKERS COMPENSATION WC STATU- I OTH- ANO EMPLOYERS' LIABILITY 41WECIQ1410 1/1/2011 1/1/2012 TORY LIMITS, 1_.___.._. ER.,_ _ B ANY PROPRIETOR /PARTNER /EXECUTIVE OFFICER /MEMBER EXCLUDED? N E.L. EACH ACCIDENT $ 1,000,000 (Mandatory in NH) E . DISEASE - EA EMPLOYEE $ 1,000,000 If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ 1,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) THIS INSURANCE IS ISSUED PURSUANT TO THE MINNESOTA SURPLUS LINES INSURANCE ACT. THE INSURER IS AN ELIGIBLE SURPLUS LINES INSURER BUT IS NOT OTHERWISE LICENSED BY THE STATE OF MINNESOTA. IN CASE OF INSOLVENCY PAYMENT OF CLAIMS IS NOT GUARANTEED. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. EVIDENCE OF COVERAGE AUTHORIZED REPRESENTATIVE © 1988 -2009 ACORD CORPORATION. All rights reserved. ACORD 25 (2009/09) The ACORD name and logo are registered marks of ACORD Page 1 of 1