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HomeMy WebLinkAbout5.b. Quotes for Environmental Assessment of Armory SiteCITY OF ROSEKOUNT EXECUTIVE SUMMARY FOR ACTION PORT AUTHORITY COMMISSION MEETING DATE: AUGUST 4, 1992 AGENDA ITEM: QUOTES FOR ENVIRONMENTAL AGENDA SECTION: ASSESSMENT OF ARMORY SITE OLD BUSINESS PREPARED BY: JOHN MILLER, AGENDAInq ECONOMIC DEVELOPMENT COORDINATOR 5 8 ATTACBMENTS: SUMMARY SHEET OF PROPOSALS J AP OVE BY,��� FROM PEER, EnPRO, & AMERICAN ENG. ( Attached please find proposals from three environmental testing companies for completing a Phase 1 Environmental Assessment and including searches for asbestos, PCB's and petroleum compounds. We seem to be getting good quotes. As you will recall the Strese property assessment was in the neighborhood of $6,300. The Port Authority approved a proposal from EnPro, Inc. to complete similar work at Repair's, Inc. for a cost of $5,200 - $7,800. RECOMMENDED ACTION: Motion to approve the proposal of PEER, Inc. to complete an environmental analysis of land on Highway 3 adjacent to the Armory site for an amount of $5,615. PORT AUTHORITY ACTION: QUOTE SUMMARY SHEET for ENVIRONMENTAL ASSESSMENTS Item PEER, Inc. EnPro Assmt American Cost $5,615 $5,200-7,800 $4,750-5,650 Phase I Yes Yes Yes Drilling 125 Feet* 75-140 Feet 75-105 Feet PCB Search Yes Yes Yes Asbestos Sampling 30 20 Unspecified** Petroleum Tests Yes Yes Yes Time 4 weeks 5-6 weeks 5 weeks Grout Cost if needed $300 $525-680 $735-943 * Includes one boring to ground water ** Twenty samples at $12.50 would add $250.00 BEE .8., Inc. July 24, 1992 Mr. John Miller Consultants in Hazardous Waste & Environmental Compliance Rosemount Port Authority 2875 145th Street West P.O. Box 510 Rosemount, MN 55068 RE: Proposal for Environmental Assessment FOR: Four Contiguous Parcels and Improvements Rosemount, Minnesota Dear Mr. Miller: Peer Environmental & Engineering Resources, Inc. is pleased to furnish this proposal for an Environmental Assessment of the above referenced project. Our proposal consists of this letter and the following attachments: • Scope of Services • Cost Estimate • Phase I Environmental Assessment Work Effort • Schedule of Charges • Agreement of General Conditions We propose to complete the Scope of Services and invoice the Rosemount Port Authority upon completion in accordance with the Schedule of Charges. The terms under which we will provide consulting services are in accordance with the Agreement of General Conditions. If additional services are required, we will contact you and provide you with a cost estimate for those services. Upon receipt of your authorization, we will proceed with the authorized services and invoice on a monthly basis in accordance with the attached Schedule of Charges. We appreciate the opportunity to present this proposal. This proposal is being furnished in duplicate so that one copy may be signed and returned to us as an authorization to proceed. Peer Environmental & Engineering Resources, Inc. 11 Peavey Road • Chaska, Minnesota 55318 • (612) 448-6775 • FAX (612) 448-6050 Rosemount Port Authority Page 2 We look forward to working with you on this project. If you have any questions regarding this proposal, please feel free to contact us. Sincerely, Peer Environmental & Engineering Resources, Inc. 4 fz David D. Vieau President DDV:ab Attachments: Scope of Services Cost Estimate Phase I Environmental Assessment Work Effort Schedule of Charges Agreement of General Conditions The undersigned authorizes PEER to proceed in accordance with the above -stated terms and assumes responsibility for payment. Date Client's Name Authorized Signature Title SCOPE OF SERVICES ENVIRONMENTAL ASSESSMENT FOUR CONTIGUOUS PARCELS AND IMPROVEMENTS ROSEMOUNT, MINNESOTA JULY 24, 1992 INTRODUCTION The subject property consists of four contiguous land parcels. There are three separate owners. Five to six businesses operate on the parcels. The entire land area of the four parcels is on the order of one to two acres in size. There may be as much as 15 feet of fill on the subject property. The property may formerly have been a wetland. The City of Rosemount may purchase the property in conjunction with a proposed development of an adjacent 12 acres by the National Guard. The City will relocate the existing businesses. The existing improvements will then be targeted for demolition, and the subject property may be regraded as a storm retention pond. This would involve the excavation and removal of the fill. Peer Environmental & Engineering Resources, Inc. (PEER) is proposing to conduct an Environmental Assessment of the subject property. A description of PEER's project approach and proposed Scope of Services are included in the following sections. PROJECT APPROACH PEER proposes to complete an Environmental Assessment of the subject property that will involve implementation of the following elements. 1. Phase I Environmental Assessment 2. Asbestos Sampling and Analysis, and PCB Evaluation 3. Subsurface Assessment TASK OUTLINE The following tasks delineate the Scope of Services we anticipate will be required to implement the Project Approach. A Cost Estimate to complete the proposed activities is attached. Scope of Services Page 2 TASK I - PHASE I ENVIRONMENTAL ASSESSMENT A Phase I Environmental Assessment of the subject property will be completed. The assessment will be conducted in general conformance with the Minnesota Pollution Control Agency Guidance Document for Conducting the Phase I Investigation (March 1991). The Phase I consists of research into past land use activities, regulatory file inquiry, and on-site observations of the land surface and improvements. The purpose of the Phase I is to evaluate the property for potential sources of contamination and issues of regulatory compliance. A detailed description of the proposed Phase I work effort follows the Cost Estimate. TASK II - ASBESTOS SAMPLING AND ANALYSIS AND PCB EVALUATION Because the existing structures are older, and targeted for demolition, asbestos and PCB issues will be more thoroughly addressed. Representative samples of suspect asbestos -containing building materials (ACM) will be collected for polarized light microscopy analysis. PEER will focus on sampling friable types of suspect ACM, and types of ACM that appear to exist in greater quantities (and therefore pose greater removal costs for demolition). General observations of the apparent condition of the suspect ACM will be documented. All sampling and analysis will be performed in accordance with EPA or other recognized standard procedures. It is estimated that approximately five samples of suspect ACM will be collected from each business or building, for a total of about 25 to 30 sample analyses. The asbestos sampling and analysis results will be summarized in the Environmental Assessment report. Suspect polychlorinated biphenyl (PCB) containing equipment will be inspected for leakage, and information from the manufacturer labels documented. Follow up calls to the manufacturers will be made to inquire if their equipment contains PCBs. PEER will evaluate the accessibility of any transformers for collecting dielectric fluid samples for PCB analysis. However, actual sampling and analysis is not proposed at this time. PEER will contact the City/Port Authority for additional authorization if sampling and analysis appears warranted. The report will contain recommendations concerning any special considerations in removing and disposing of PCB containing equipment for demolition purposes. Scope of Services Page 3 TASK III - SUBSURFACE INVESTIGATION A subsurface investigation will be conducted to evaluate potential impacts from the existing business and the nature of the fill. The subsurface investigation will consist of five to seven soil borings. Soil boring locations will be determined following completion of the Task I research and observations. The soil borings will be advanced with a truck -mounted drill rig using hollow -stem augers. Soil samples will be collected using a split barrel sampler in accordance with ASTM D1586. Soil samples will be screened for volatile organic compounds with a Photoionization Detector (PID). At this time, the depth to ground water at the site is not known. Based on information that the site may formerly have been a wetland, it is estimated that the water table is 15 to 20 feet deep. In the event ground water is greater than 25 feet deep, not all borings will be taken to ground water. At least one of the borings will be completed to the depth of ground water. The total drilling footage budgeted for the investigation is 100 to 125 feet. Following completion of the field activities, a report will be prepared summarizing the results of the investigation. The report will include the following at a minimum: • A description of all field activities. • Soil boring logs. • Soil boring location diagram. • PID results and sampling procedures. • Conclusions and recommendations regarding the presence and significance of subsurface impacts (if any). SCHEDULING Current scheduling will permit us to begin these services immediately upon receipt of authorization. It is assumed that the date of authorization will allow for approximately four weeks to complete the environmental assessment and submit the report. Verbal results can be provided earlier, and on an ongoing basis, if required. COST ESTIMATE ENVIRONMENTAL ASSESSMENT FOUR CONTIGUOUS PARCELS AND IMPROVEMENTS ROSEMOUNT, MINNESOTA JULY 24, 1992 TASK I - PHASE IENVIRONMENTAL ASSESSMENT Professional Services Expenses (MPCA letter, or Dakota County letter; mileage) TASK I TOTAL: TASK II :-ASBESTOS- SAMPLING AND ANALYSIS AND PCB EVALUATION Professional Services Asbestos Laboratory Analysis (18.00 per sample at 30 samples) TASK II TOTAL: TASK III - SUBSURFACE INVESTIGATION AND REPORTING Drilling Services(') (maximum 125 feet of drilling) Field Monitoring Expenses (PID, Mileage) Report Preparation TASK III TOTAL: TOTAL ESTIMATED PROJECT COST M 11 11 11 eo $1,500.00 1 11 $3,275.00 $5,615.00 (')Drilling services cost assumes that no contamination will be encountered. If contamination is encountered, an additional cost (i.e., approximately $300.00) associated with placing neat cement grout in the boreholes can be expected. TASK I --REVIEW OF AVAILABLE INFORMATION The initial task will include the gathering and review of all readily available information that already exists and/or can be provided by the client or other parties directly involved in the project. Elements of Task I may include: 1. Interviews to inquire about known historical and current property ownership and land use activities. 2. Review of Asbestos Building Survey reports, Asbestos Operations & Maintenance Program reports, Underground Storage Tank Removal/Installation reports and documentation, and Petroleum Release Investigation/Corrective Action Design reports. 3. Review of other available written documents that may be relevant to the environmental assessment, such as: • Building Plans • Site Surveys • Appraisals • Permits and Manifests • Title Records • Regulatory Correspondence 4. Site Geology and Hydrology Review. PEER will review available geologic and hydrologic publications to evaluate site geology and estimate subsurface soil and ground water conditions. This will assist in evaluating the overall susceptibility of the properties to impacts from potential on-site and off-site concerns. This research will also seek to identify area drinking water aquifers, wetlands, and special natural resource concerns. Task I will assist in focusing the efforts of subsequent tasks in evaluating the property for potential environmental concerns. TASK II -HISTORICAL LAND USE REVIEW Research will be performed to evaluate past land use activities on and near the property. Task II will consists of the following elements: 1. Obtain and review the following readily available information: • Historical Aerial Photographs • Historical Topographic Maps • Sanborn Fire Insurance Maps • City Directories • City Planning and Zoning Maps or Data • Water Well Records (ifon-site wells are or were present) 2. Interviews with persons who may have specific knowledge of past land use activities on the property, but may otherwise have no direct involvement with the project. The sources for this information may include public and university libraries, the Historical Society, and State and local agencies. Any special issues of confidentiality will be discussed with the client prior to initiating discussions with third parties. The results of Task II will assist in evaluating the property for historical sources of contamination. TASK III - REGULATORY AGENCY FILE EVALUATION 1. Written requests will be submitted to the Minnesota Pollution Control Agency and/or Dakota County Environmental Health Department for database records to identify any sites within a one -mile radius of the subject property where a release or threatened release of hazardous substances is documented. PEER will review their written response and evaluate potential impacts to the subject property from any sites identified, based on the estimateddirection of local ground water flow. 2. Telephone inquiries will be made to the City and County environmental officials (if applicable) and the City Fire Marshal to request any additional information they may provide with respect to potential hazardous substance releases, issues of regulatory compliance, or other environmental concerns that may affect the property. TASK IV - ON- SITE RECONNAISSANCE On-site observations of the land surface will be performed to check for evidence of unpermitted dumping, chemical spills, and other potential impacts or sources of contamination. Specific observations will be made to identify underground storage tanks, PCB -containing transformers, pipelines, and other regulated exterior facilities. Any areas of concern identified from our research and interviews will be targeted for closer inspection. General observations of land use activities on adjacent properties will also be made. Observations inside the buildings will be performed in as much detail as possible, working within the constraints of building accessibility. Specific observations will be made to evaluate for the presence of: • Asbestos -containing building materials. • Transformers, capacitors containing polychlorinated biphenyls (PCBs). • Hazardous substance storage areas. • Waste generation, storage, and disposal areas. • Wastewater treatment and discharge areas. • Water wells, chemical storage vessels, photoprocessing labs, and other regulated systems, including radioactive source equipment. Photographs will be taken during the site reconnaissance. Selected photographs will be reproduced for inclusion in the report. TASK V - REPORT The report will summarize the results of Tasks I - IV, including methods, procedures, sources for data acquisition, and data interpretation. PEER will provide its professional opinions with respect to the presence of regulated hazardous substances and environmental impacts. Supporting documentation will be included as necessary, including maps and photocopies of relevant documents. Peer Environmental & Engineering Resources, Inc. SCHEDULE OF CHARGES March 1992 PROFESSIONAL SERVICES Word Processor Drafter Information Specialist Associate Professional Professional Senior Professional Principal Services Assisting Litigation EXPENSES Mileage Photocopies Per diem and travel expenses Subcontract services Miscellaneous unscheduled expenses EQUIPMENT & RENTAL Flame or photoionization detector Material sampling instrumentation Survey, geophysical, and other instrumentation Special computer applications: Hardware Software (if special ordered) Personal protective equipment Special order non -reusable equipment (1) quoted on a per project basis. $25.00 $34.00 $34.00 $40.00 $50.00 $65.00 $85.00 (1) RATE $.35 per mile $.20/page Cost + 15% Cost + 15 Cost + 15 $90.00 per day or $15.00 per hour plus Professional Services (1) (1) $15.00 per hour (1) (1) (1) or cost + 15% Peer Environmental & Engineering Resources, Inc. AGREEMENT OF GENERAL CONDITIONS SECTION 1. SERVICES AND COMPENSATION. 1.1 Peer Environmental & Engineering Resources. inc. (PEER), shall provide CLIENT the services described in the PEER Proposal or Authorisation Agreement susched hereto (the 'Services') in accordance with the terns thereof and hereof. in the evert that these General Conditions an inconsistent with the tams of the attached Proposal or Authorization Agreement, the teems of such Proposal or Authorization Agtsenwnt shall govern. CLIENT shall pay for to Services as agreed, and a stataaart of probable cost mads to CLIENT shall not be binding on PEER unless stand as a 'not -to -exceed cost.' PEER shall provide additional services as requested by CLIENT or is required due to material increase in the scope of the Services, and CLIENT will pay for those additional services at the rate shown on the attached Proposal, Authorization Agreement or Schedule of Charges. SECTION 2. GENERAL RESPONSIBILITIES. 2.1 PEER will test samples submitted by CLIENT, or will obtain and test samples as &#road upas by the parties. CLIENT acknowledges that PEER will not sample each increment of the area or object to be tested. CLIENT acknowledges that the results of such testing will indicate actual conditions only of the specific increments sampled from which PEER can make certain inferences, but that PEER canna and does not guarantee that its procedures will produce results representative of the entire area or object from which the incremental sample was taken. 2.2 PEER shall not be responsible for the perfi mtamce of any activity or obligation other than do Services. The performance of the Services by PEER ndali not be construed to relieve any third party of their responsibilities. 2.3 PEER shall be responsible only for the supaevisionof its omployess in dw performance of the Services, and PBER shall mot be re j, ible for suportmending, supervising, or dimeting the work of any third party or for job site safety. 2.4 Nothing in this Alimmett shall be conanhsd to require PEER to assume the status of a generator, short. treater, battier or disposal facility within the strops of the Resource Conservation Recovery Act. 42 USC Chapter 82, or within any state law reseeding the handling, treatment, storage or disposal of waste or hazudo s materials. 2.3 CLIENT shall provide PEER in writing if raquatsd, an inlbenstiom known to CLIENT regarding existing and proposed conditions of the sits relevant to the Services. CLIENT shall immediately notify PEER of any new informationor data of which CLIENT becomes &wars that materially difreea from information perviously provided to PEER. CLIENT warrants the completeness and accuracy of information supplied by it to PEER and acknowledges that PEER is relying upon such information without verification by PEER of its completeness and accuracy. 2.6 CLIENT shall, at its expense, be responsible for obtaining all necessary permits and approvals rotating to the Services. PEER will provide reasonable assistance to CLIENT for that purpose. SECTION 3. ACCESS AND RESTORATION. 3.1 CLIENT shall provide PEER access to the site related to the Services, and PEER agrees to tab reasonable precautions to minimize damage to the site. However. CLIENT acknowledges that some damage may occur to the sits or sampled materials during the normal course of the Services. The correction of any such damage stall be the responsibility of CLIENT or, at CLIENT'S option, PEER will correct the damage fee a charge based upon PEER'S then current rate. SECTION 4. SAMPLES. 4.1 All teat samples remaining after the Services have been performed shall be discarded by PETER at PEER'S expense, unless CLIENT requests, in writing, within thirty days of receipt of the written report relating to those samples, that PEER atone or ship those samples at cost. plus 13 percent. SECTIONS. REPORTS. 3.1 As pact of the Services, PEER will provide CLIENT with written reports common# we results and, when appropriate, recornme dstions and suggestions relating to compliance with established criteria for mosediat action. Two (2) copies of each report wiY be provided. 9 additional copies of a report are requested, CLiENt' will be invoiced for the cost of report, reproduction and submittal in accordance with dee rates shown on the Schedule of Cheeses. 3.2 The CL1ENr acknowledges drat the reports, plana, and specifications an instruments of service. Nevertheless, the reports, pians and spet3ifies roma prepared under this agreement doll become the property of the CLIENT upon completion of the work and receipt of payment by FREE. The CLIENT agrees to hold harmless. indemnify and defend PEER ageimt all damages. claims. expenses and losses ariwy out of any w -un of the reports, Plans, and specifications widwA the written sutlorintiou of PEER. 5.3 If CLIENT does not pay for the Services as agreed, CLIENT shall return to PEER, upon demand, all repots and other work furnished by PEER to CLIENT or CLIENT'S agents and such reports and work stall tat be used by CLIENT for any purpose. 5.4 PEER shall retain all material documents relating to the Services for five years following the submission of the report relating to the Services. SECTION 6. PAYMENT, INTEREST, AND BREACH. 6.1 Unless otherwise agreed, invoices for the Services shall be issued monthly and shall be paid in 1611 within 30 days of the dates thereof. Invoices not paid when due are subject to interest from the 31 st day from the data thereof at the rate of 1-1R percent per month. or the maximum rata allowed by law, whichever is less, for any unpaid portion thereof. 6.2 CLIENT acknowledges and agrees that PEER nay, at its option. increase its billing rates on each anniversary of the date of this Agreement. PEER shall promptly notify CLIENT of any such increases. 6.3 If CLIENT fails to pay in full any invoice within 60 days of the date thereof. PEER may, at is option, declare this Agreement to be in default and terminate all of is duties hereunder without liability to CLIENT or others. Upon termination hereof, CLIENT shall pay PEER for services rendered, plus reasonable termination expenses. SECTION 7. INSURANCE. 7.1 Upon request, PEER will f truisb CLIENT a Certificate of insurance. V CLIENT requests additional or increased insurance coverage, PEER viK if possible, purchase mob insurance at CLIENT'S expense in accordance with the Schedule of Coverages. PEER doll not be liable to anyone for claims covered by such policies beyond the limits and conditions of Own policies. SECTION 8. STANDARD OF CARE. 8.1 PEER doll perform the Services using that degree of care and skill ordinarily exercised under similar circumstances by reputable members of is profession practicing in the am locality. NO OTHER WARRANTY, EXPRESSED OR aIPLIED. INCLUDING THS IMPLIED WARRANTIES OF MERCHANTABILRY AND FITNESS FOR A PARTICULAR PURPOS16 3 MADB OR RTMDED RESPECTING THE SERVICES. SECTION 9. DISPUTES. SECTION 10. INDEWIFICATION. 10.1 CLIENT understandsthat by engaging PEER to perform the Services, PEER is relying on CLIENT'S performance of its obligations hereunder and CLIENT is requesting PEER, for CLIENT'S benefit, to undertake what nay be uninsurable obligations. Therefore. CLIENT shall indemnify, defend and hold harmless PEER, its affiliates. and their respective directors, officers, employees, agents and admontraetots, from and against all claims, damages. losses, and relied expenses (including, without limitation, reasonable attorneys' Ives), arising out of or in any way connected with: (i) the breach of CLIENT'S duties under Section 2.5, including without limitsdoo. damage to subterranean structures and utilities that ars not property identified by CLIENT to PEER, (ii) the torminstion of this Agreement puauamt to Section 6.3; 0i7 the presence, discharge, release or escape of bazecdous substances of any kind; Civ) service for the investigation of a raaadiai work related to asbestos, hazardous waste, air, soil or ground water contamination, or other hazardous materials. vapors or substances and (v) the interpretation of the results of the Services oder than for the purposes disclosed by CLIENT to PEER in writing. SECTION 11. LIMITATION OF LIABILITY. IIA PMM'S liability to CLIENT, and all persons claiming through CLMNT. 8x damages as to which the indemnification set forth in Section 10 does not apply, is not permitted by sate law, or that arise& out of brach of my other obligation to CLIENT or others, will be limited to an amaamt am to exceed PEER'S charges for the Services. SECTION 12. M1SCELLANEOUS. 12.1 This Agreemsmt is the entire Agreement between PEER and CLIENT and it sapersedas all prior written or oral Agreements with respect to the subject now hereof, including CLIENTS additional or different terns sod conditions that may be contained is any purchase order, work order, sakeowiedfassnUbraa, or other document forwarded by CLIENT to PEER and to which notice of objection is hereby given. No amendment or assignment of this Agreemat doll be effective unless agreed to in writing sad signed by authorized representatives of ball parties. 12.2 PEER'S services are performed as an i dependes contractor and mat as the CLMN['S employes. agent, partner, or joint venturer. 12.9 PEER shall have no liability Cor say faihue to perform or delay in performance due to any eieemaslances beyond its reasonable control. 9.1 If PEER prevails in a lawsuit against CLIENT to conect is Las, then all 12.6 The tarns of this Agroomess shag be governed by the substantive collection expenses, including, without limitation. reasonable attorneys' laws (and sot the laws of comfiicts on the State of M'tmncsota. foss. will be paid by CLIENT. 9.2 U CLIENT brings a lawsuit spine PEER which is dismissed, or as to which a verdict is rendered for PEER, is whole or in past. CLZNT wird pay PEER is costs of deferw, including. without limitation. reasonable attorney's fres. 1019 t 5.3 if CLIENT does not pay for the Services as agreed. CLIENT shall remmm to PEER, upon demand, all reports and other work furnished by PEER to CLIENT or CLIENT'S agents and such reports and work shall not be used by CLIENT for any purpose. 5.3 PEER shall retain all material documents relating to the Services for five years following the submission of the report relating to the Services. SECTION 6. PAYMENT, INTEREST, AND BREACH. 6.1 Unless otherwise agreed, invoices for the Services shalt be issued monthly and shalt be paid in fun within 30 days of the dates thereof. Invoices not paid when due ars subject to interest from the 31 at day from the date thereof at the tate of 1-1/2 percent per month, or the maximum rate allowed by taw, whichever is less, for any unpaid portion thereof. 6.2 CLIENT acknowledgesand agrees that PEER may, at its option, increase its billing rates on each anniversary o£ the date of this Agreement. PEER "I promptly notify CLIENT of any such increases. 6.3 If CLIENT fails to pay in full any invoice within 60 days of the date thereof. PEER may, at its option. declare this Agreement to be in default and terminate all of its duties hereunder without liability to CLIENT or others. Upon termination hereof, CLIENT shall pay PEER for services rendered. plus reasonable termination expenses. SECTION 7. INSURANCE. SECTION 10. INDEMNIFICATION. 10.1 CLIENT understands that by engaging PEER to perform the Services. PEER is relying on CLIENT'S performance of its obligations hereunder and CLIENT is requesting PEER, for CLIENT'S benefit. to undenaka what may be uninsumble obligations. Therefore. CLIENT shall indemnify, defend and hold harmless PEER. its affiliates, and their respective directors, officers, employees. agents and subcoturactm, from and against all claims, damages, losses, and related expenses (including, without limitation. reasonable attorneys' fees), arising out of or in any way connected with: (i) the breach of CLIENT'S duties under Section 2.5, including without limitation. damage to subterranean structures and utilities that ars not properiy identified by CLIENT to PEER. (ii) the termination of this Agreement pursuant to Section 6.3; (iii) the presence, discharge, release or escape of hazardous substances of any triad; (v) service for the investigation of a ntaedial work related to asbestos. hazardous waste, air, soil or ground Water contamination, or other hazardous materials, vapors or substances; and (v) the interpretation of the results of the Services other than for the purposes disclosed by CLIENT to PEER in writing. SECTION 11. LIMITATION OF LIABILITY. 11.1 PEER'S liability to CLIENT, and all persona claiming through CLIENT. for damages as to which the indemnification set forth in Tectum 10 does tot apply, is not permitted by stats law, or that arise& out of breach of any other obligation to CLIENT or others, will be limited to an ant=e not to exceed PEER'S charges for the Services. 7.1 Upon request, PEER will furnish CLIENT a Certificate of Insurance. If CLIENT requests additional or increased insurance coverage, PEER win, SECTION 12. MISCELLANEOUS. if possible, purchase such insurance at CLIENT'S expense in accord&=• with the Schedule of Coverages. PEER shall not be liable to anyone for 12.1 This Agmemetx is the entire Agmeement between PEER and CLIENT claims covered by such policies beyond the limits and conditions of those and it supersedes all prior written or oral agmernents with respect to policies. the subject maturer hereof, including CLIENTS additional or different torn• and conditions that may be contained in any purchase order. SECTION 8. STANDARD OF CARE. - work order. acknowledgement form, or other document forwarded by CLIENT to PEER and to which notice of objection is hereby given.. 8.1 PEER shall perform the Services using that degree of can and skin No amendment or assignment of this Agreement sban be effective ordinarily exercised under similar cireumwecas by reputable member unless agreed to .in writing and signed by authorized representatives of its profession practicing in tits acne locality. NO OTHER of bodrparties. WARRANTY, DCPRESSED OR UAPLIED, INCLUOU40 THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS 12.2 PEER'S services ars performed is an independent contractor and not FOR A PARTICULAR PURPOSE IS MADE OR INTENDED as the CLIENT'S employee. agent. partner, or joint venturer. RESPECTING THE SERVICES. SECTION 9. DISMES. 123 PEER ahan haw no liability for any f tihtrs to perform or delay in periartsunce due to any ciawmntances beyond its reasonable control - 9.1 If PEER prevails in a lawsuit against CLMNT to collect its flees, then an 12.4 The term of this Agmensatt shun be governed by the substantive collaetion expenses, including, without limitatiom, reasonable snonseys' laws (and not the laws of conflicts ol) the State of Minnesota. fees, will be paid by CLIENT. 9.2 If CLIENT brings a lawsuit against PEER which is dismissed, cc as to which a verdict is rendered for PEER, is whole or in part, CLIENT will pay PEER its costs of defense. including, without limitation. masonablt attorney's fees. 10:91 07-27-1952 01:12PM FROM EnPro-Assessment-Corp TO 4235203 P.02 VEnPro Assessment Corp Jane M. Willard Environmental Profiles For Property Transfer And Business Acquisition Deborah Carroll July 27, 1992 Mr. John Miller Rosemount Pont Authority 2875 - 145th Street West Rosemount, MN 55068 Re: 13965 South Robert Trail, Environmental Profile, Phase II PN# 2-00274 Dear Mr. miller: Thank you for the opportunity to present our proposal for services_ we have outlined a 25-30 working day schedule and fees Of $5200-7800, based on the proposed scope of work and your timeframe. The Professional Services Agreement and attachments were mailed AM Express on July 27, 1992, Please review and sign all copies and return them along with the property data sheet and a site zap or survey to EnPro Assessment Corp. EnPro will proceed with the work after receiving your signed authorizatietn. Upon receipt, an executed copy of the agreements will be returned to you. If you have any questions or comments, please contact me at (612) 227-8229 or by PAX (612) 227-6598. Sincerely, Deborah Carroll Executive vice 'President DACjtlf Enc 375 E. Kellogg Blvd. • St Paul, MN 551 01-1 41 1 ($12) 227-8229. FAX (612) 227-6598 07-27-1992 01:13PM FROM EnPro_Rssessment-Corp TO 4235203 P.03 EnPro Assessment Corp Professional services Agreement Date: July 27, 1992 Project No#: 2-00274 Title: 13965 South Robert Trail Environmental Profile, Phase I and II Client: Rosemount Port Authority Address: 2875 - 145th Street Nest Telephone: 322-2005 Rosemount, MN 55068 FOX41 423-5203 Property Description: 1/2 mile north of Repairs, Inc., west side, 1 to 2 acres, survey work done, present on site; 4 buildings: quonset hut, pima place, repair shops, T.H. 3; in front of National Guard Headquarters; will, be used for a holding pond Property History: fill 15-20 ft, prier history unknown It is our understanding that for this project John Miller is the is the designated representative to whom we transmit all information and documents and from whom we may request additional information, authorization, and assistance. Except as outlined, in C.2 of the attached General Conditions, all work is performed on a confidential basis; data, opinions, and recommendations will be transmitted only to your designated representative. EnPro will proceed with the work/provide they report only after receiving your signed authorization. Your acceptance of this Professional services agreement is acknowledged by signing as indicated and returning two signed copies to EnPro. Upon receipt an executed copy will be returned to you. By signing this professional services agreement you have agreed tQ be bound by all of its terms and are indicating that you are the financially responsible party. You will be billed at the completion of the project. The following attachments are part of this professional services agreement: A Technical Proposal B Cost Estimate & Fee Schedule C General Conditions D Property Data Sheet AGREED AND ACCEPTED: Client/Company Authorized Signature Typed Name and Title Date EnPro Assessment Corp Jane M. Willard, President Deborah Carroll Chief Financial officer Date — 375 E. Kellogg Blvd.. St. Paul, MN 55101 (612) 227-8229 (612) 227-6598 Fax 07-27-1992 01:13PM FROM EnPro_Rssessment—Corp TO 4235203 P.04 EnPro Assessment Corp TECHNICAL PROPOSAL -- Attachment A Phase I. -And II Environmental Profile Al - PURPOSE ANS► SCOPE OF WORX The purpose of the study is to profile the potential environ- mental liabilities associated with contaminated improvements, soils or ground water and to confirm the presence or absence of contamination potentially associated with past and present land use. It is not the purpose of this study to determine every and all potential sources of contamination nor to determine the extent of contamination, if present. The scope of work EnPro will perform for this project consists of the following items: 1. manage overall project, 2. conduct a site reconnaissance, 3. collect and review hydrogeologic data, 4. collect and review historical background data, 5. conduct a site reconnaissance including a walk-through of improvements and collection of representative samples for asbestos analysis, 6. collect ,and review public information on file at regulatory agencies, and 7. place 5 to 7 borings to total depths of 15 to 20 ft, or 5 ft into natural soils, a. monitor soil samples for organic vapors, 9. collect representative soil samples for analysis for selected U.S. EPA Priority Pollutants, and 10. prepared a written environmental profile. The present scope of EnPro's services does not include the following: 1) a compliance audit, 2) chemical analysis of radon, asbestos, or suspected polychlorinated biphenyl (FCB) oil samples, 3) an evaluation of wetlands or protected waters, 4) an opinion as to the advisability of transferring or acquiring an interest in the property, 5) an evaluation of the feasible alternative response actions, 6) engineering estimates of cleanup coasts, 7) an evaluation of anticipated regulatory agency response and 8) an evaluation of the degree or extent of contamination, if Present. A remedial investigation and a feasibility study would be required to 'address these four issues. PN# 2-00274 07-27-1992 01:14PM ;FROM EnPro—Assessment—Corp TO 4235203 P.05 A2 - METHODOLOGY in general, the assessment will be performed in accordance with the March 15, 1991, Minnesota Pollution Control Agency guidelines, Update on Property Transfer Cleanup Technical Assistance Program. a - Fro j e+ct Management EnPr* will plan, schedule, and track the overall project, including the subcontracting of the drillers and laboratory, and communicate with the authorized representative at the completion of the data collection and the first technical review. For estimAtittg'purposes, we have assumed contact with a single authorized representative, discussions by telephone only, and follow-up'to the report limited to a telephone discussion of no more than 15 minutes, Discussions with additional parties, meetings at EnPro or other offices, or disruptions in schedules will be billed on a time and expenses Iasis. b - Hydrogeologia Data EnPro will collect and evaluate the following data, if published or on file with the Minnesota Geological Survey or the Minnesota Department of Health for subsurface for unconsolidated material bedrock and type, depth to water table, bedrock, characteristics of soil above the water table and principal aquifers. USGS 7k minute topographic map well logs - hydrologic and geologic atlases sail survey Public water supply analytical data EnPro file data Geotechnical and construction data will be reviewed only if provided by the client. For estimating Purposes we have assumed the hydrogeologic data are available in-house or by mail. PW# 2-00274 07-27-1992 01:14PM FROM EnPro_Assessment_Corp TO c — Historical Data Review 4235203 P.06 EnPro will collect and evaluate the following data back to the 1870s, if reasonably available: —historic insurance maps, city directories, aerial photographs, building records, fire inspection records, topographic maps, water well records, and plat/atlas maps - current plat maps, aerial photographs and topographic maps - historic and current Enpro file data The chain of title will be reviewed only if provided by the client. For estimating purposes, we have assumed the historic data ars available at public libraries and historic societies and governmental data are available by telephone or mail. d - Regulatory Data Review EnPro will collect and evaluate the following data back to the 1870s, if reasonably available: - City: Environmental Health - County Environmental Health, Recorder - Publicly Owned Treatment Works - State: Environmental Regulatory Agency, Emergency Planning Commission, Health Department - Federal: U.S. EPA For estimating purposes, we have assumed the data are available by telephone or mail at a cost of no more than $200.00. Additional expenses will be billed. PN# 2-00274 07-27-1992 01:15PM FROM EnPro-Assessment-Corp TO e - Site Reconnaissance 4235203 P.07 EnPro will examine the site in order to photograph and evaluate the topographic and physical features. the presence of toxic materials or waste in tanks, barrels/drums or other containers; potential routes of entry to the subsurface; and indications of leaks, spills or disposal indicated by runoffconditions, soil and pavement conditions, and vegetation conditions. Improvements will be systematically surveyed for suspected asbestos containing materials (ACM), oil staining, containers of suspected hazardous materials, and suspected oil containing electrical or hydraulic equipment. If the building is to be renovated or demolished or if the suspect ACM is in poor condition, up to five bulk samples of ACM will be collected. Analytical costs, however, are not included in this proposal as suspect ACM may not be present. Analyses of up to five samples, if authorized, will not, in general, be sufficient in numbers to confirm the absence of asbestos. Additional sampling may be required for such assessment. Suspicious containers will be denoted only; they will not be sampled. Electrical equipment suspected to contain oils will be identified only and will not be sampled; this requires the services of an electrical contractor. For estimating purposes, we have assumed one visit to the site of 3 to 2 hours plus 1 hr travel time and expenses; no follow-up interviews with previous owners or tenants will be conducted. If n4 site map showing major improvements is provided, additional time will be necessary to map the site. Additional time on site or additional visits necessitated by the client or site contact will be billed on a time and expenses basis. f - Soil Sampling EnPro will place 5 to 7 soil borings to depths of 15-20 ft in the fill area. Soil samples will be collected using a split barrel sampler, or hand auger, whichever is more appropriate and cost effective for the site conditions. Drilling equipment will be steam cleaned prior to mobilization and samplers will be cleaned with Alconox, or its equivalent, and water prior to the collection of each sample. Individual samples for chemical analysis will be handled with new disposable surgical gloves, placed in laboratory prepared containers, and preserved as appropriate. Separate samples will be collected for geologic identification and engineering classification. PST# 2-00274 07-27-1992 01:15PM FROM EnPro_Assessment-Corp TO 4235203 P.08 For estimating proposes we have assumed 5 to 7 borings to 15-20 ft for total drilling of 75-140 ft requiring 1-2 days of field work, plus travel time and expense$. Additional field sampling will be billed at time and expenses according to our fee schedule. we have also assumed that contamination will not be present and that grouting will not be necessary. Additional drilling will be billed at $13 per foot and grouting will be billed at $7 per foot. g - soil Monitoring soil samples will be monitored with an organic vapor analyzer, an hNu photoionization detector with a 10.2 eV lamp. Samples will be placed in a glass jar oovered with aluminum foil and the head space will be monitored after 10 minutes. The range of readings as well as the background reading will be recorded. For estimating purposes we have assumed monitoring will take place at the same time as sampling. h - Chemical Analysis Sail will be analyzed according to United States Environmental Protection Agency (U.S.EPA) methodology. In general, any or all of the following parameters will be analyzed: - metals (the 8 RCRA heavy metals) For estimating purposes we have assumed the analyses of Z to 3 soil samples for metals to confirm the absence of Contamination.. i - Reporting EnPro will prepare and deliver to your designated representative a written environmental profile that will do the following: 1) present and 'summarize the results of our data review and site reconnaissance, including site location and site maps, 2) profile the land use history in relation to geologic setting, 3) give EnPro's opinion as to the potential for contamination and the necessity for additional assessment and 4) recommend the scope of additional work, if it is deemed necessary. The following reproducible data will be attached as appendices: water well records, insurance maps, city directory information, topographic and atlas maps, agency responses, sampling logs, chains -of -custody, drillers logs, and analytical reports. In general, photographs are not reproducible. FN# 2-00274 07-27-1992 01:16PM FROM EnPro-Rssessment-Corp TO 4235203 P.09 For estimating purposes, we have assumed the provision of 3 bound copies of a combined Phase I and II report sent to a single address. Additional copies, either preliminary or final, or copies to additional addresses will be provided at cost. A3 - CLIENT RESPONSIBILITIES EnPro requires the client to notify and make arrangements with any tenants or parties in possession for access to improvements and to clear on-site utilities not clearable by Gopher ane. If on site utility clearance cannot be provided or arranged by the Client, then it will be necessary to subcontract private utility clearance at a east of approximately $130-175. The attached property data sheet will be completed by the client for each property reviewed and return with signed copies of professional services agreement. PN# 200274 07-27-1992 01:16PM FROM EnPro_Rssessment—Corp TO Enpro Assessment Corp FEE ESTIMATE AND SCHEDULE - Attachment $ B1 - Fee Estimate 4235203 P.10 The scope of work described in this work plan will be performed on a Time and Materials basis according to EnProls current fee schedule, attachment B. The estimate for completing the project is $5200-7800. These fees are based on the scope and schedule requirements outlined. If you require a change in the scope or schedule, contact us for a revised estimate. Project Management Property Data Review Sampling and Monitoring Site Reconnaissance Report Consultant Fees Subtotal Expenses Drilling Chemistry Expenses and Subcontractors Fees Subtotal Total Fees and Expenses B2 - sehedule $ 600- 500 200- 350 500-1000 200- 250 1200-1500 $ 400- 700 1900-2600 200- 600 $2700-3900 $2500-3900 $5200-7800 EnPro anticipates the project will require a total of 25 - 30 working days (3 - 5 weeks) to complete, with the exception noted below. EnPro will begin the data collection within 1 working day following receipt of signed authorization. A written report will be sent to you 23 - 30 working days Or 25 working days after drilling is completed, whichever is longer, following the authorization to proceed. If you require a shorter schedule please contact 'us to discuss an expedited time frame. If you require a shorter Schedule, defined as a 10 to 15 working day schedule with a verbal report available 10 working days after authorization and a written report sent after 15 working days, 20% will be added to the total fee estimate and 200% will be added to chemistry. If you require a change in the scope or schedule, contact us for a revised estimate. PN# 2-00274 07-27-1992 01:17PM FROM EnPro—Assessment—Corp TO 4235203 P.11 Because this schedule is designed to meet the particular time frame you have requested, this proposal is valid until August 15, 1992. The fee and time schedule are based on the following assumptions: access to the site will be provided and assured by Clients, site and building conditions are such that BnPro personnel will encounter no difficulties in accessing the premises for the sampling, property data sheet is returned with agreement. drilling can be scheduled within 1 week of authorization to proceed with sampling, and analytical work can be completed within 2 weeks of sampling. If laboratory analyses are delayed, the final report may be delayed. PN# 2-00274 07-27-1992 01:17PM FROM EnPro-Assessment-Corp TO [PENPRO ASSESSMENT CORP Fee Schedule PRINCIPAL QA/QC* MANAGER SENIOR PROJECT MANAGER PROJECT MANAGER SENIOR FIELD TECHNICIAN FIELD TECHNICIAN INFORMATION SPECIALIST DRAFTER SECRETARY DIRECT EXPENSES" SUBCONTRACTORS MILEAGE 4235203 P.12 $85.00 $75.00 $75.00 $65.00 $45.00 $35.00 $35.00 $25.00 $25.00 AT COST & 15% AT COST & 15% $0.30/MILE EnPro will submit invoices to Client upon completion of services or rather agreed upon basis as indicated in the professional services agreement. Invoices will show charges based on EnPro's current fee schadula or other agreed upon basis as indicated in the professional services agreement. The Client hereby authorizes EnPro to retain any subcontractors, materials or supplies as EnPro in its professional Judgment, deems necessary for the completion of the project. EnPro may submit subcontractors' invoices to Client upon receipt to EnPro. Invoices will show the subcontractors' charges plus 15% percent handling fee; invoices are due to EnPro upon receipt. The Client will pay the balance stated on the invoice unless Client notifies EnPro in writing of the particular item that is alleged to be incorrect within ten (10) calendar days from the invoice date. Payment is due upon receipt of invoice and is past due ten (10) calendar days from invoice date. On past due accounts, Client will pay a finance charge of 1.5% percent per month or the maximum allowed by law. In the event of litigation. Client will Ray EnPro on all past due balances together with any accrued finance charge and expenses including actual attorney fees. If the Client institutes a suit against EnPro which is dismissed or for which judgment is rendered for EnPro, client will pay EnPro for all costs of defense, Including actual attorney fees, expert witness fees and court costs. In the event Client fails to pay EnPro within thirty (30) calendar days following invoice date, EnPro may consider the default a total breach of this agreement and all duties of EnPro under this agreement terminated. " Quality Assurance and Quality Control Manager Direct expenses include but are not limited to the following: personal protection & materials to complete field project work, field equipment rental, long distance telephone calls, postage or express mailings, fees to agencies for file searches, travel out of metropolitan area: meals, hotel, air travel and/or car rental, and taxi. Ai (12/91) TOTAL P.12 JUL' 29 '92 17:16 FROM AM ENG TST ST PAUL TO 9-4235203 PAGE.002 AMERICAN l ENGINEERING TESTING, INC. July 29, 1992 City of Rosemount 2875 145th Street West Rosemount, MN 55068 Attn: Mr. John Miller RE: Phase I Environmental Site Assessment National Guard Armory Site Rosemount, Minnesota Dear Mr, Miller: CONSui:rANTS *GEOTECHNICAL • MATERIALS + ENVIRONMENTAL American Engineering Testing, Inc. (AET) is pleased to offer our services to conduct a Phase I Environmental Site Assessment for the National Guard Armory site in Rosemount. This proposal describes the work scope, schedule, fees and other information regarding our services. Froieet Information 'Vire understand the above site is 1 to 2 acres in size and contains 4 buildings. The buildings are similar to pole barn or steel shed type buildings and most recently were used as car repair facilities, a small engineer repair business and a pizza establishment. To the best of your knowledge, there are not any buried underground storage tanks at the site. You also indicated that it appears the entire area has been filled, Plans are to remove the existing buildings and all the fill and restore the site topographically similar to the adjacent properties (i.e. low wetland). Scone of Services AET will prepare the Phase I Environmental Site Assessment by performing the fallowing operations; 1. Site and building reconnaissance for visible evidence of known or suspected contamination. The building reconnaissance will include locating and sampling, where accessible, thermal, acoustical or fire proofing suspect asbestos containing materials (ACM) and performing analysis of suspect ACM. "AN AFFIRMATNE ACTION EMPLOYER" 2 702 Utdv= ty Ave W. « St, 0x41, MN 55714 . 612-660-.001 . Fax 672-6s9-1379 4431 West Mietkan Street, SL M #4 • DuMb, MN 66807 • 218-628-1618 a Fax 218.62$-1684 JUL 29 '92 17:16 FROM RM ENG TST ST PAUL TO 9-4235203 PRGE.003 Mr. John Miller July 29, 1992 Page 2 AET will not be responsible for repairing the area of any sample collection. AET will be responsible for cleaning any potential ACM debris generated during sample collection. Thermal insulations will be patched with duct tape. AET is not including sampling of any roofing or other materials that are not accessible in this proposal. We will also note on-site potential sources of PCB's (capacitors, transformers, fluorescent light ballasts, etc.). 2. File search at the Minnesota Pollution Control Agency (MPGA) and Dakota County for known polluted sites within a one -mile radius. 3. historical aerial photograph and Sanborn Insurance Map review for evidence of possible previous land uses leading to contamination. 4. Soil and ground water information review - 5. Review of Dakota County hawdous waste generator information. 6. Review of county land records for information concerning underground storage tanks, wells and hazardous contamination at the site. 7. Discussions with county and municipal officials. 8. Preparation of a written report. In addition to the above items, you requested our proposal include a cost For drilling 5 to 7 soil borings and for screening of the samples for contamination. For purposes of praparing this proposal, we have assumed boring depths of 15' per boring (i.e_ a total of 75 to 105 lineal feet of drilling) and that the boring locations are accessible to a truck mounted drill rig. Since soil samples may be submitted to the laboratory for chemical analysis, the auger and drill tools will need to be steam cleaned. We assume that if contamination is present it is a result of petroleum products. Therefore we also assume that chemical analysis (if conducted) will include TPH (total petroleum hydrocarbons), BETX (benzene, ethyl benzene, toluene and xylene), MTBE (methyl tertiary butyl ether), and the eight RCRA metals (arsenic, barium, cadmium, chromium, lead, mercury, selenium and silver)_ We assume the intent of drilling the borings is to document fill thicknesses and to obtain and screen soil samples to determine if previous site usage has resulted in soil contamination. We will screen the soils in the field with a PID (photoionization detector) which detects petroleum constituents. JUL' 29 '92 17:17 FROM AM ENG TST ST PAUL TO 9-4235203 PAGE.004 Mr. John Miller July 29, 1992 Page 3 Performance Seheedule Based on our understanding of the project, we envision the site assessment will be done in steps and proceed as follows: a) Perform steps 1-7 as previously outlined in this proposal. b) Based on the results of steps 1-7, we will proceed with determining boring locations and drilling test borings. C) Perform chemical analysis on selected soil samples. d) Summarize the results in a written report_ We are available to conduct the Phase I Environmental Site Assessment upon authorization to proceed. A report of findings will be available within five weeks of project initiation. Standard laboratory analysis turnaround time will be used for this project_ We will keep you appraised of the results as they become available and we will not proceed with the subsequent steps until authorized by you. Conditions The attached Service Agreement and Subsurface Boring Supplement apply to this project. Fees Our fees for services will be charged on a time and materials basis in accordance with our standard fee schedule rates, a copy of which is attached. Estimated costs on a per work task basis are presented in Table 1. Remarks Please call if you have any questions regarding the Contents of this proposal letter of if you want to discuss the project further. Acceptance To authorize us to proceed with the Phase I Environmental Site ,Assessment, please indicate your acceptance of this proposal by signing both copies and returning one to us. The original is intended for your records. JUL' 29 '92 17:17 FROM AM ENG TST ST PAUL TO 9-4235203 PAGE.005 Mr. John Miller July 29, 1992 Wage 4 Arnezicaan Engineering Testing, Inc. appreciates the opportunity of providing this service to you. If you have any questions, or need additional information, please contact us. Sincerely, 6 ;•"i-c-c't Charles W. Bisek Project Manager CBljg Enclosures .PROPOSAL ACCEPTANCE BY. SIGNATURE. COMPANY. DATE: TUC 29 '92 17:18 FROM AM ENG TST ST PAUL TO 9-4235203 PAGE.006 TABLE I. ESTWATEA COSTS Site Assessment for the City of Rosemount National Guard Armory Rosemount, Minnesota AET, Inc_ Work Tasks Description Items 1-8 - Analysis of Suspect ACM Soil Borings - Drill 5-7 borings, total depth of 75' to 105' - Sc=n soils in field with. PID - Grout boreholes - Chemical Analysis - BETX, MTBE, total petroleum hydrocarbon as gasoline or fuel oil - 8 RCRA metals July 14, 1992 Estimated ��y/�Qat $2,200.00 $1.2.50 per sample $1,840 to $2,330 $710 to $1130 $735 to $943* $$5/sample $180/sample * Depending on results, grouting may be necessary. Normally, grouting costs are 7 per foot of grouted borehole. The estimated cost range is greater than normal based on assuming a second mobilization Will be needed. ,JUL 29 '92 17:18 FROM AM ENG TST ST PAUL TO 9-4235203 A.!�MRICAN ENGINEERING TESTING. INC. SERVICE AGREE'ylEZNT TEWMSAND CONDITIONS SECTION I - RFST'C_1NSIBU IES PAGE.O©7 1_1 - The party to whom the proposal/contract is addressed is the Client of American Engineering Testing, Inc. (AET). 1_2 - Prior to AET performing work, Client will provide AET with all information that May affect the cost, progress. safety and pezformauce of the work. This includes, but is not limited: to, informative on proposed atu existing construction, all pertinent sections of contracts between Client axed property owner, site safety plans or other documents which may control or affect AET's work. If new information becomes available during AET's work, Client will provide such 9.afortnation to AET in a timely manner. Also, Client well provide a representative for tiuiciy answers to project -related questions by A-tT- 1�3 - Work by ARt will not relieve other persons of their responsibility to perform work according to the contract documents or 3pevificat€ons, and AET will not be held responsible for work or OtniWi011s by Clieut and Other parsons. AET will not be responsible for directing or supervising the work of others, unless specifically authorized in writing. 1.4 - Work by AET often includes sampliNa, at specific locations, znhercnt with such sampling is variation between sampling locations_ Client recognizes this uncarta.ituty and the associated risk, and aclmow}edges that opixtions developed by AET, based on the samples, are qualified to that extent. 1.55 - AET is not responsible for interpretations or modifications of ..ET's recon=eudations by other persons. 1_6 - Should cbangod conditions be alleged. Client agrees to notify AET before evidence of change is uo longer accessible for evaluation. SECTION 2 - SIZE AC Cl S AND P.ESTOIR-t-PTAN 21 - Client will furnish AET safe and legal site access_ ?2. - It is understood by Client chat is the normal course of the work, some damage to the sit,- or materials may occur. ART will take reasonable precautions to minimize such damage, Restoration of the site is the responsibility of the Client. SECTION 3 - SAFETY 3_ ;_l - CSieat shall inform AET of any known or suspected hazardous materials or unsafe conditions at the work site. If, during the course of AET's work. such tuaterials or conditions are discovered, AET reserves the ri-cht to take measures to protect AET personnel amd tquipment or to immediately terminate services, CIiont shall be rGspozzsible for payment of such additional protection Costs. :2 - AET shall only be respoxssib€e for safety of AET employees at the work site. The Client or other persons shall bz responsible for the safety of all other persons at the site. ,JUL 29 '92 17:18 FROM AM ENG TST ST PAUL TO 9-4235203 SERVICE AGRE Page 2 of 3 PAGE.008 SECTION 4 - SANUL 4_1 - Client is responsible for informing AFT of any k aowu or suspected kazardous materials prior to submittal to AFT. All samples obtai med by, or submitted to, AtT remain the property of the Client during and after the work. Any known or suspected hazardous material samples will be returned to the Client at AET's discretion. 442 - ,qon-hazardous samples will No held for 30 days and thea discarded unless, within. 30 days' of the report date, the Cheat provides a written request that AFT store or ship the samples, at the Client's expense. aCTION 5 - PROJECT RECORDS The project records prepare by AST will retaai,n the properly of AFT. AET shall retain these records for a period of tbsee years following submission of the report, during which period the project records can be made available to Client at AET's office at reasonable times. SECT ON 6 - S7AND M OF CARE Ar-iT will perform services consistent with the level of care and skill normally performed by other firms in the Profession at the time of this service and in this ;eograpWc area, under similar budgetary constraints. No other warranty is implied or intended. SEC CION 7 - INS1,�M:ANCE AET carries Worker'sCompawation, Property Dama.e and Profcssionai Liability iust =ce. AEI' will furnish certificates of insurance to Client upon request. SECTION 8 - DELA'''S If AFT work delays are caused by Client, work of others, strikes, nut W causes, weather, or other items beyond AET's control, a rmsoaable time ,xteusi,on for performance of work shall be grated, and AET shall receive an equitable fee adjustment. SECTION 9 - PA"4=NT I ZMEST A 2 BREACR 9_1 - Invoices are due on, receipt. Client will inform AET of invoice questions or disagreements within 15 days of invoice date; unless so informed, invoices are deamad correct. 9_2 - Client agrees to pay interest on unpaid ixLvoice balavcts at a rate of 1.5 d per month, or the maximum allowed by law, wbichover is less, beginoing 30 days after invoice date. 9_3 - If any invoice remains unpaid for 60 days, such non-payment shall be s material breach of this aoreentent. As a result of such material breach, AFT may, at its sole option, terminate all duties to the Client or other persons, without liability. 9_4 - Client will pay all AFT collection expenses and attorney fees relating to past due frzs which the Client owes under this agreement. JUL 29 '92 17:19 FROM RM ENG TST ST PRUL TO 9-4235203 Page 3 of 3 SECTION 10 Ll; r-!PATION REBODRUNENT PRGE.009 Payment of AET costs rOr Client lawsuits against AET which are dismissed of are judged substantially in AET's favor will be the Client's responsibility. Applicable costs includc, but ate not limited to, attorney and expert witness fees, court costs, and AET costs. SECTION 11 - M=Af- LNOE1 N 11, 1 - ABT agrees to bold harmless and. indemnify Client from and against liability arising Out of AET-3 negligent performance of the work, subject to any limirations, other indemnifications or other provisions Client and AET have agreed to in, writing. F 1.2 - Client agrees to hold harmless and indemnify AET from and against liability arising Out of Client's negligent conduct, subject to any limitations, Other indeumlf m6ons or other provisions Client and ART have agreed to. 11.3 - if Client has indemnity agreement with other persons, the Client Shall include AET as a beneficiarY. SECTTON 12-.- ITWrATTON Of LIABILITY Client agrees to limit AET`s liability to Client arising from negligent professional acts, errors Or omissions, such that the total aggregate liability of AET shall not exceed AET's project fee. S9g:TI0ZN —ATION After 7 days written notice, either party away elect to terminate wort€ for justifiable reasons. in this event, the Client shalt pay for all work performed, including demobilization .and ,reporting costs to complete the file. SECTION 14 - SEV'ERABU-ITY A=y provisions of thus agreement later held to violate a law or regulation shall be deemed void, and all remaining provisions shall wutiaue in force. However, Client and AET will in good faith attempt to replace au iuvalid Or unenforceable provision with one that is valid and enforceable, and which comes as close as possible to expressing the iutent of the original provisioct. SECTION 15 - ENTM- AGREEMENT This agreement, including attached appendices, is the entire agreement between ABT and Client. This agreement nullities any prtvious 'written or oral agreements, including purcbasclwork orde=, Any modifications to this agreement must be in writing. JUL 29 '92 17:19 FROM AM ENG TST ST PAUL TO 9-4235203 AMERICAN ENGINEERING TESUNG, INC. SUBSURFACE BORI.NC SLT_ PL>;_MEI+IT TO MERM AND CONDITIONS SECTION- Zb - UNDERGROV-4D YY.)[rY AND ff C'L NCE PAGE. 010 16.11 - It is necessary that borings, excavations and other penetrations be located such that they waictain a, min;yaum safe distance from uudergrotwd utilities or other mass, -made improvements. Client shall advise ART of all utilities that service or are located on the site, as well as any underground improvements located on the site. ABT will contact state notification centers, where available, or individual utility owners where a state notification canter is not available prior to drilliun;. 16_? - Public utility owners may not provide the locating service on private prapdrty. In such sitU2tiOnS, the Client is responsible for location of such utilities prior to drilling. Jb_„3„ - The property owner may have private underground improvements which cannot be cleaned through the state notification center or public utility owners. The Client is responsible for location of these improvements. 18.4 - AET will not be responsible for any damages to "nom -located" or incorrectly located underground utilities or other man-made improvements. E 'PION 17 - CONTAIIINATION 17.1 - Client acknowledges and accepts that unavoidable contamination risks may be associated with AET's subsurface drilling, sampling and installation of monitoring devices. kicks include, but are not limited to, cross contamination created by linking contaminated zones to uncontaminated zones during the drilling process; containment and proper disposal of known or suspected hazardous materials, drill cuttings and drill fluids; and decontamination of equipment and disposal and replacement of contaminated consumables. Client and AET agree that the discovery of unanticipated actual or suspected hazardous materials may make it pessary for AET to take immediate measures to protect human health and safety, and/or the environment. Client and AET also agree that the discovery of such materials const'it'utes a changed condition which may result in added costs to the Client, and may require a renegotiation of work scope or termination of services. 17_2 - Because subsurface sampling is a necessary aspect of AF -T's work performed on the Client's behalf, Client agrees to hold harmless and indemnify AET from and against liability associated with contamination. SECTION IS - LOST EOUI'I'141E1+�P Equipment lost in bore holts may be required to be retrieved or properly abandoned by government agencies_ Client agrees to pay AET all costs related to retrieving and/or abandoning such equipment at AET fees schedule rates, unless agreed otherwise. SECTT N 19 - LIMITATIONS OF FACE E . 1; RATION Client recognizes that unavoidable risks occur whenever engineering or related disciplines are applied to identify subsurface conditions_ Even a comprehensive; sampli a.- and testing program performed in accordau— with a professional standard of care may fail to detect certain conditions, because they are hidden. For similar reasons, actual environmental, geologic and geotechnical conditions that AET characterizes to exist between sampling points may differ significantly from those that actually exist_ The passage of time also must be considered, and Client recognizes that, due to natural occurrences or direct or indirect human activities at the site or distant from it, actual conditions discovered may change. Client recognizes that nothing can be done to eliminate the risks associated with these limitations, .JUL 29 '92 17:20 FROM RM ENG TST ST PRUL TO 9-4235203 PRGE.011 AMERICAN >, E\GINEERING TESTING, INC. SC I1 E (Effective January 1, 1990 GEOTECMIUCAL. $EIt'ViC'ES C.0NS1JLTANrrs :GEOTECHNICAL + MATERIALS • ENVIPONMI;N TAX. Soil and rock drilling, sampling and testing. Engineering consultation and analysis. Experience since 1971 includes buildings, bridges, dams, roadways, utilities, impoundments, harbor facilities, construction dewatering, and hazardous waste Sites_ Description 1. Engineering/Technical Personnel hates _Unit Rate A. Engineering Technician I per hour $ 37.50 R. Drill Crew Person per hour 40.00 C_ Engineering Technician II per hour 45.00 D. Drill Crew Chief per hour 50.00 E. Senior Engineering Technician M per hour 53.00 P. Engineering Assistant per hour 60.00 G. Engineer I, Geologist I per lour 63.00 H. Senior Engineering Assistant, Engineer Il per hour 73.00 I. Senior Engineer, Geologist per hour 83.00 J. Principal Engineer per hour 98.00 K. Principal of Firm per hour 125.00 L. Liti;ation Preparation per hour 130.00 M. Deposition or Court Time (4 -hour minimum) per hour 150.00 The rates presented are portal to portal, with vehicle mileage, expenses and equipment rentals being additional. Deduced rates may be negotiated for long-term projects. Overtime for personnel categories A F charged at above cost plus 25% for over 8 hours per day or Saturday; and at above cost plus 50% for Sundays or Holidays. Hazardous work charged at above cost plus 25%. 11. Vehicle Mileage (personnel time and rental extra) A. Personal Automobil )Truck per mile 0.35 B. 314 -ton Truck/Vau per rile 0.45 C. 1 -ton or 2 -ton Rig Auxiliary Truck per mile 0.60 la. 1 -ton Truck with Drill Rig per mile 0.65 E. 2/2 -ton Truck with Drill Rig per mile 0.75 F. Tractor/Lowboy Trailer per =mile 1.00 -AN A15F Amp TWE ACTION EMPLOYER. 2702 University Ave. W • St. Paid, MN 55774 •672-859-9007 • Fax 612-65:5-1379 4431 Wast Michie*h SIM&T, SLAM #4 .NAuth, MN 55007 .219.824-1518 a Fax 278-622.1 ESO JUL 29 '92 17 29 FROM AM ENG TST ST PAUL TO 9-4235203 PAGE. 012 American. Engineering Testing, Inc. Fee Schedule - Page 2 Description ni Rate III. Site Exploration Equipment Rental/Services 2. 3/4 -ton Truck A. Drilling Services (Includes drill rig, carrier 9.00 3. and 2 -person crew. Auxiliary vehicle extra.) hour 15.00 1. Rotary Drill on 4WD 1 -ton Truck per hour $121.00 2. Rotary Drill on 2WD 21h -ton Truck per hour 130.00 3. Rotary Drill on 4WD 21h -ton Track per hour 136.00 4. Rotary Drill on All -Terrain Vehicle per hour 162.00 5. Fortabie, Non -rotary Rig per hour 130.00 B. Rig Auxiliary Vehicle Rental 1. 4 -wheel Trailer per hour 5.00 2. 3/4 -ton Truck per hour 9.00 3. I -ton or 2 -ton Truckper hour 15.00 C. Geotechnical Equipment Rental 1, Pieid Vane Shear per day 180.00 2, Static Cane Penetrometer per day 110,00 3. InclinometerReading Equipment per reading 125.00 4. Pneumatic Transducer Reading Equipment (pore pressure, settlement or earth pressure) per reading 135.00 5_ Bore Hole Permeability a) Open End Casing Method per day 55.00 b) Pressure Testing'Using packers per day 350.00 6. Iowa Borehole Shear Test per day 275.00 D. Bit Wear 1. Diamond Bit a) Sedimentary Rock per foot 7.00 b) Meramorphic and Igneous per foot 12.00 E. Environmental Equipment Rental/Service 1_ Steam Meaning Service (includes rental) a) Drill Rig/Tools per clean 285.00 b) Down dole Drill Tools Only per clean 185.00 ,JUL 29 192 17:21 FROM AM ENG TST ST PAUL TO 9-4235203 PAGE. 013 American Engineering Testing, Inc. Fee Schedule - Pap 3 0 2. Steam Cleaner Rental per day 130.00 3. R -Nu Photoiotrizer per day 80.00 4. OVA Photoionizer per day 100.00 5. Water Sampling, Field Filtration Supplies per sample 16.00 6. Primps quoted per job - 7. Personnel Protection at Hazardous Waste Sites per test 44.00 E. a) Level A quoted per job 60.00 F- b) Level B quoted per job - G. c) Level C quoted per job - d) Level D quoted per job - IV. Laboratory Tests of Soil A. Moisture Content per test 11.00 B. Dry Density per test 28.00 C. Atterberg Limits (ASTM:D4318) 1. Plasticity Index per test 49.00 2. Liquid Limit or Plastic Limit Separately per test 30.00 b. Shrinkage Limit (ASTM:D427) per test 44.00 E. Sieve Analysis per test 60.00 F- Hydrometer Analysis (sieve analysis extra) per test $70.00 G. Specific Gravity (ASTM:D854) 1. Mineral. Soil per test 68.00 2. Organic Soil per test 94.00 H. Hand Penetrometer/Torvane per test 10.00 I. Unconfined Compression per test 42.00 3. Consolidation - Primary Consolidation Curve up to 32 tsf (AS"TMD2435) quoted per job - K. Direct Shear Test quoted per job L. Triaxial Compression Test quoted per job M. Permeability Tests quoted per job N. Tests of Expansive Soils quoted per job - 0. Electrical Resistivity per test 45.00 P. Organic Content of Soil per rest 38.00 Q. Topsoil Borrow 'Test QaDOT 3877) per test 180.00 R. Soil pH per test 20.00 S. Soil Oxidation - Reduction Potential per test 2.5.00 T. R value (Hve= Stabilometer) per test 275.00 ,JUL 29 192 17:21 FROM AM ENG TST ST PAUL TO 9-4235203 PAGE. 014 American Engineering Testing, Inc, Fee Schedule - Page 4 tri tip JLni& Rag U. California Beating natio (excludes Proctor) 1_ Granular per test 4450.00 2. Cohesive per gest 500.00 V. Miscellaneous 1. Thin-wall San'' pling/extrusion per tube 30.00 2. Sample Preparation See Section I 3. Sample Storage quoted per job - 4. Specialty Testing, including Rock Cares quoted per job - V. Earthwork Observation and Testing A. Field Engineering Services See 1, TT, VI B. Field Density Tests, Trip Basis 1. Trip Charge (Time and Mileage) See I, II, VI 2. Test Charge, Nuclear and Sand -Cone per test 19.40 3. "rest Taken on Weekends or Holidays per test 27.50 C. FullTime Density Test Monitoring 1. Engineering Technician, per 40 -hr. wk. quoted per project - 2. Sr. Engineering Technician, per 40 -hr. wk. Quoted per project - 3. Nuclear Gauge Rental per day 20.00 D. Compaction Laboratory Testing 1_ Standard Proctor, 4" (Method A) per test 65.00 2. Standard Proctor, 6" (Method B, C, D) per test 76.00 3. Modified Proctor, 4" (Method A.) per test 76.00 4. Modified Proctor, 6" (Method. B, C, D) per test 86.00 5. Preparation of Clay Proctor Sample per test 22.00 6. One Point Proctor Check per test 45.00 7, Relative Density of Cohesionless Soils per test 95.00 VII. Expenses A. Direct Project Expenses: includes out-of-town per diem; plowing and towing; special equipment, materials and supplies; special travel, transportation and freight; subcontracted services, and miscellaneous costs Cost _ 0.8 ` ,JUL 29 192 17:15 FROM RM ENG TST ST PRUL TO 9-4235203 MERICAS l ENGINEERING TESTING, INC. FAX TRANSMITTAL FORM DATE: R )-I ~ Ct IL- COMPANY: � � cs 5t� A" a - FAX NUMBER: 14 Z-3 —5 Z 10 3 AEY JOB NO: This communication 'consists of _ pages, including cover page. RE: &C144-14 A r i' PRGE.001 C0N,%VUF AN TS G EOT EC H N ICA L I MATERIALS - EN V1R0NMF_NTAL If you do not receive all the pages, or have any questions please call (512)659-9001. Ask for Carol/Melissa to assist you. FROM: ,/XA.t L oc "AN AFFIRMATIV8 ACTION EMPLOYER - 21D2 Un/veislty Ave. W - SL Paul, MM 55114 -612-859-9001 * Fax 612-955-1379 4431 West U10higan Street. Sy,te M4-Dulutt,. W455807 , Fdx 218-$28-'$W 1730 F451 Avenue - Mankato. MN 53041 a 807-+87-2222 • Fax 507-387 OM JUL 29 192 17:22 FROM AM ENG TST ST PAUL TO 9-4235203 PAGE. 015 American Engineering Testing, lac. Fee Schedule - Page S Description Unit Rate 33. Equipment Replacement when Abandonment is more Feasible than Recovering Cost C. Equipment Recovery when required by Regulatory Agencies or Project Specifications Cost _ 0.a VIII. Clerical/Drafting Services A. Personnel Rates I. Word Processing Specialist per hour S35.00 2. Draftperson per hour 40.00 B. Report Reproduction I. Minimum (copying additional) per report 50.00 2. Copying per sheet .35 C. Facsimile Trazsmitdng/Raceiving per page 1.00 * TOTAL PAGE. nil:: *-4.