5.11. SR 02-22-2005
Item 5.11.
13065 Orono Parkway
Elk River, MN 55330
February 16, 2005
File: 813320J-0325
The Honorable Mayor and City Council
City of Elk River
13065 Orono Parkway
Elk River, MN 55330
RE: ENVIRONMENTAL ABATEMENT - ERMUBUILDING
Dear Council Members:
In anticipation of the expansion of the King Avenue parking lot expansion, we have solicited
quotations for the environmental abatement at the Elk River Municipal Utilities building
located at 322 King Avenue. This is the first necessary step prior to removal of the building
structure. We solicited and received the attached two quotes. They are lump sum quotes as
follows:
Veit Environmental, Inc.
Metro Environmental Sites Services
$7,840
9,750
Both of these companies have previously successfully completed similar type work.
Therefore, we would recommend award to Veit Environmental, Inc. in the amount of
$7,840.
If you have any questions regarding this issue, I will be in attendance at your February 22,
2005 City Council meeting.
Sincerely,
T~
City Engineer
cc: Lori Johnson, Finance Director
Phone: 763.635.1000
Fax: 763.635.1090
. . S:\EngineerImprovProj\200S Improvement Projects\King Ave parking lot\02 22 05 cc memo.doc
www.c1.elk-nver.mn.lis
02-15-2005 04:58PM
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T-827 P.002/005 F-293
VEIT ENVIRONMENTAL, INC.
23801 Industrial Blvd., Suite 100 . Rogers, MN 55374 . Phone 763.428.2819' Fax 763.428.3574 . www.veitcompanies.com
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Asbestos
& Lead
Abatement
PROPOSAL AND AGREEMENT
Microbial
Remediation
Indoor
Air Quality
51lrlrices
PROPOSAL SUBMITTED TO: Mr. Terry Maurer
Howard R. Green Company
1326 Energy Park Drive
St. Paul, MN 55108
Duct Cleaning
RE:
Abestos Budget and Demolition Budget
Elk River Municipalities Building
322 King Avenue
Elk River, MN
Infection.
. 'Control
NVe hereby submit this lump sum eStimate proposal for the work descno~d below:
. .." ,.'00: "."
.. :.'" ":' :'~"'.' ::. A.sbestos Abatement $ 6.965.00
;: ,. .\.' ;::':~:'::'. .~~. .:;~::Our proposal is based upon removing approx. 210 sf of asbestos sheet flooring, 250 sf of asbestos floor tile, 350 sf
. ":. .':.::.'~ ~ '.::'.; .;.; ::,..:~:.:,ofasbcstos mastic, 1120 sf of paneling adhesive, and 36 lineal feet ofasbcstos caulking. Work areas consist of
:../~)~~:~~.{~~~~~;,::~:r-temoving materials from the front offices, east offices, and the exterior of me building.
.,';~'(/~;MIg;~:~tZ~~~t.ead Based Paint Abatement . $ No Bid ReQ'd
~::::j~~::Wf;;ff.:~~:5~j]Upon ~~er review o~ L?c lead b~sed paint swvey, V cit has ,detcrmined ~at since all lead paint identified in The
:'~: ,:.;=:~:.-='.t;f-.;~~;~~~~'?;' ~.,:survey 1$ In good conditIOn, no paInt needs to be removed pnor to demolinon.
1~i;::t~~~~~~~f;~~
"';:~":::7rrt~~~;:;;:~~~ther Hu.ardous Waste $ 875.00
i.t~;~21~~~?'.:l\;"~."':~~Our proposal includes standard hazardous waste materials to be removed such as fluorescent bulbs, PCB ballastS,
~~~~.. . ercUI)' switches, door closures, exit lamps, ceiling fans, security panels, water heaters, furnace, overhead door
~~;!.. peners, hanging heater, air conditioning unit, and wood antenna pole as neccssary to remove hazardous
omponcnts - No chemical wastcs. (Excludes tank removal, well abandonment, resting, and removal of personal
roperlY).
11 work to be done in compliance with ~tate and Federal rules and rcgulations. Veil's estimate is based upon the
nfomlation provided in the "AsbcstosILcad-Bascd PainrIHazardous Materials Building Material Inspection
eporr" as prepared by Liesch Companies, dated Ocrober 2004,
Work To Include:
All Labor, Materials, Equipment, Insurance, and Disposal.
Work To Exclude:
Moving of all items from the work areas prior to asbeSTOS removal.
Replacemem of materials.
. BO~~
S;gn.lUr" ~ /'~_
cot! 0
Date: 211 5105
Division Managcr
ooB,'sT S,'rv;c(' in Ih(' B[/~'in('.\'S"
02-15-2005 04:58PM
FROM-VEIT ENV
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T-827 P,003/005 F-293
VEIT ENVIRONMENTAL
CONTRACT TERMS - ASBESTOS
RE: ERMU Building - Hazardous Materials Abatement
City of Elk River
Proposal Date: 2/15/05
Billillgs alld Paymellt
Ter-ms:
Net 30 Days
Veit Environmental, Inc. (Veil) will submit invoices to Owner/Client monthly unless agreed upon in writing by
both parties. Owner/Client recognizes that timely payment is a material part of this Agreement. Each invoice is
due and payable within thirty (30) calendar days of the date of the invoice. Owner/Client will pay an additional
charge of one and one-half percent per month not to exceed the maximum rate allowed by law for any payment
received by Veit more than thirty (30) calendar days from the date of the invoice. Owner/ClientwilJ pay when due
that portion of invoice, if any, not in dispute. If Owner/Client fails to pay any undisputed invoiced amounts within
thirty (30) calendar days of the date of the invoice, Veit may suspend its perfoIll'Wlce or te~minate this Agreement
without incurring any liability to Owner/Client and without waiving any other claim against Owner/Client.
In the event payments are not made as outlined herein, the undersigned agrces to pay all COSts of collection and
attorney's fees incurred by Veit. All material is guaranteed as specified. All work will be completed in a
workmanlike manner according to standard industry practices. Any alterations or deviations from above
specifications involving extra COSts to Veit will be executed only upon receipt of wrinen authorization from the
Owner/Client or Owner's/Cliem's representative, and will be submined to Owner/Client as a Change Order in
addition to the original contract amount. All agreements are contingent upon strikes, accidents, or delays beyond
Veil's control. The Owner/Client is to carry fIre, tornado, and other necessary insurance. Veit's workers are fully
covered by worker's compensation insurance. The Owner/Client agrees to supply Veil with lIO-volt power and
water necessary to complete work specified. Proposal may be withdrawn or re-negotiated byVeit if not accepted
within 30 calendar days or other terms tbat are previously stated on the proposal form.
WarralllY for Asbeslos Abarement
Yeil represents and warrants that the services to be performed by Veit shall be substantially in accordance with
asbestos abatement industry standards. Veil makes no wan'anties or representation regarding, nor accepts any
responsibility for; contaminated dust, debris, fungi and to other unwanted materials or substances that may settle,
proliferate, grow, amplify or re-grow subsequent to the performances ofVeit's services. Veit expressly states mat
Veit's services hereunder shall not be in any manner deemed to prevent the furore discovery, disturbing or
distribution of asbestos-containing building materials. not included in this Work. nor any microbial contamination,
and Veit expressly disclaims any responsibility or Jiability arising out of any microbial contaII1ination that may
grow or amplify or asbestos contami.nation that may occur subsequent to the performance ofVeit's services. Veit
further disclaims any liability ot responsibility [or any indoor air pollution which may exist at the time of the
performance of Veit's services hereunder or which may subsequently exist as a result of the fulure collection,
distribution, growth, or amplification of microbial contamination, distribution and/or damage of asbestos-
containing building materials or otherwise. The foregoing warranty is the sole and exclusive warranty provided by
Veil, and is in lieu of any and all other warranties, including, but Dot limited to any warranty of merchantability or
fitness 'for a particular pwpose.
02-15-2005 04:58PM
FROM-VEIT ENV
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T-827 P.004/005 F-293
Owner/Cliem recognizes that the pl'esence of hazardous materials, mold or pollution on or beneath the surface of a
site or within the annosphere contained within any strUctures on the site may create risks and liabilities. Veit has
neither created nor conmbuted to this pollution. Consequently, Owner/Client recognizes this Agrccment will
accordingly limit Veit's
liability,
Limitatioll of Liability
Except as otherwise provided or required by law. Veit's total cumulative liability hereunder for any and a11
reasons shall not exceed an amount equal to twenty percent (20.0%) of the contract price. Veit's aggregate
liability arising from this Agreement, regardless of the theory of recovery, including breach of contract or
negligence, shall not exceed the scope and limits of insurance required to be maintained under this AgreeIIlf:nt,
except that this aggregate liabiJi[)' limit shall nOl apply to claUns arisin~ from damages caused by Veit's gross
negligence, willful acts, or intentional misconduct.
I/ldemllijicalioll
To the fullest extent permined by law and to the extent claims, damages, losses or expenses are not covered by
Project Management Protective Liability insurance purchased by Veil, Veit shall indcmnify and hold harmless the
Owner/Client and its agents and/or employees from and against claims, damages, losses and expenses, including
but not limited to anomey's fees, arising out of or resulting from performance of the Work described herein,
provided that such claim, damage, loss or expense is attnbutable to bodily injury, sickness, disease or death, or to
injury to or destruction o[ tangible property (other than the Work itself), but only to the extent caused by the
negligent acts or omissions ofVeit, its Subcontractors, anyone directly or indirectly employed by them or anyone
for whose acts thcy may bc liable, regardless of whether or not such a claim, damage, loss or expense is caused in
parr by II party indemnified hereunder. Such obligation shall not be construed to negate, abridge or reduce: other
rights or obligations of indemnity, which would otherwisc exist as to a party or person described herein.
Exclusio" of Conseqtle"lial Damages
Veit shall not be liable to Owner/Client for any consequential, special, incidental, indirect or punitive damages,
including, but not limited to, loss of profits, loss of production or loss of opportUnity,
Force Mlljeure
Vcit shall not be responsible [or delays in performance arising out of a caUSe or causes beyond the reasonable
control of tbe Owner/Client. Such causes wI include, but not be limited to, acts of nature, acts of war and/or
terrorism, riot, fire, explosion, accident, flood or sabotage; govemmenrallaws, regulations, requirements, orders or
actions.
Delays and Exlelzsions o/Time
If Veit is delayed at any time during completion of the Work by an act or neglect of the Owner/Client, or of an
cmployec of either party, or of a separate contractor employed by dle Owner/Client, or by changes ordered in the
Work, or by labor disputes, flI'e, unusual delay in deliveries, unavoidable casualties or other causes beyood Veit's
cootrol, or by delay authorized by the Owner/Client pending mediation or arbitration, or by other causes which one
of both parties determines may justify delay, then the contract execution schedule shall be extended by a written
Change Order for such reasonable time as the Owner/Client may determine.
Successon; and Assigllmellts
Neither the Owner/Client nor Veit shall transfer, assign or hypothecate its interest in this Agreement without the
wrinen consent of the other; which consent shall not be unreasonably withheld. Any attempted Il'allSfer,
02-15-2005 04:59PM
FROM-VEIT ENV
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T-827 P.005/005 F-293
assignment, or hypothecation without such Minen consent sha.ll be void and confer DO rights upon any third person
and shall constinlte a default hereunder with the following exception.
The Owner/Client may, without consent from Veit, assign this Agreement to an institutional lender providing
construction financing for this Work. In such an event, the lender shall assume dle Owner's/Client's riGhts and
obligations under this Agreement. Veit shall execute all consents reasonably required to facilitate such
assignment.
Pre-Liell Notice: We are required by law to provide you witll tlu: folJolt/brg "orice:
(A) Any person or company supplying labor or materials for this improvement to your propeny may file a
lien against your propert)' if that person or company is not paid for the contributions.
(B) Under Minnesota law, you have the right to pay persons who supplied labor or materials for this
improvement directly and deduct this amOl.mt from our contract price, or withhold the amounts due them
from us until 120 days after completion of the improvement unless we give you a lien waiver signed by
persons who supplied any labor or material for rhe improvement and who gave you timely notice.
Entire Agreement, Modificatiolls, Headings, Severabilicy
Veil and the Owner/Client bodl acknowledge thar this Agreement constiunes the entire Agreement between both
pames and supersedes all prior representations, warranties, agreements, and understandings oral or written
between the panics with respect to irs subject matter. Unless stated otherwise in this Agreement. this Agreement
may not be modified except in writing signed by both parties. The headings to this Agreement are for convenience
and reference purposes only and shall not constitute a part of the Agreement. If any element of this Agreement is
later held to violate the law or a regulation, it shall be deemed void, and all remaining provisions shall continue in
force.
Acceptance of pT(Jpo~al
The above prices, specifications and conditions are satisfactory and are hereby accepted by Owner/Client. Veit is
authorized to complcte the work as specified. Payment will be made as outlined above.
By:
Date of Acceptance;
Signature:
Purchase Order #:
Title:
Mr. Teny Maurer
ERMU Building - Hazardous Materials Abatement
City of Elk River
Proposal Date: 2/15/05
. ~\\ ~ IR04'~
~~~
SITE SERVICES, INC.
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February 14, 2005
Metro Environmental Site Services, Inc.
16190 Royal Road
Ramsey, MN 55303
Office 763-241-8870 . Fax 763-241-8873
City of Elk River
City Engineer
Mr. Terry J. Maurer PE
13065 Orono Parkway
Elk River, MN 55330
RE: "Removal and Disposal of Asbestos Containing Materials throughout
the ERMU Building on 322 King Avenue, Elk River Minnesota
Dear Mr. Maurer:
,
As per walk through that was conducted on February 11, 2005 at 11: 15 a.m. in
regard to the above referenced project, we herein propose to furnish labor and
materials to complete the Following Line Items per Local, State and Federal
Regulations. For the Sum of: Nine Thousand Seven Hundred Fifty Dollars
($9,750.00) -
Line Item # 1
To Remove and Dispose of approx. 110 Square Feet of Asbestos containing
Sheet Vinyl Flooring Throughout Front Office Entry, per Local, State and Federal
Regulations. (Mastic is not included)
Line Item # 2
To Remove and Dispose of Approx. 250 Square Feet of Asbestos Containing
Floor Tiles/ Mastic and associated wood flooring throughout Front Office Area,
Per Local, State and Federal Regulations~
Line Item # 3
To Remove and Dispose of Approx. 1120 Square Feet of Asbestos Containing
Paneling adhesive and 100 Square Feet of Sheet Vinyl Flooring and Associated
Mastic throughout East Office Area, Per Local, State and Federal Regulations.
Line Item # 4
To Remove and Dispose of Approx. 36 Linear Feet of Asbestos Containing Caulk
Around Front Exterior Entry, Per Local, State and Federal Regulations.
Please be advised a Ten Working Days Notification is required By Both
MPCA & MDH before any work Commencement.
Metro Environmental Site Services, Inc. will follow All State and Federal
regulations during the work.
DESCRIPTION OF ASBESTOS ABATEMENT PROCEDURES:
Per state and federal regulations.
All abatement workers are trained, certified and licensed to perform asbestos
abatement operations.
Metro Environmental Site Services, Inc. will take all air sampling and have them
analyzed by an independent laboratory.
Wet asbestos containing material shall be sealed in 6 mil poly bags or wrapped
in a double layer of 6-mil poly sheeting. All pieces shall be labeled appropriately.
The dumpster containing the bagged or barreled asbestos material will be hauled
by Vasko, Inc., of St. Paul, MN to the SKB Rosemount Industrial Waste Facility,
located in Rosemount, MN.
The appropriate hazard/danger sign will be posted on the Dumpster while the
workers are loading bags/drums/pipe section into Dumpster.
Workers shall wear protective clothing and respiratory protection while loading
the bags/drums/pipe sections into the Dumpster.
A complete final report will be forwarded to your office once the remaining
submittals are received.
OWNER'S RESPONSIBILITY:
Power
Water
We appreciate the opportunity to bid on this project. If y.ou have any questions or
require additional information, please call.
~~_~r.~~Y"='..'..................._..,.....,
~tc.~ccb-tJe:t1.J
Ned Loabneh
President
NUha