HomeMy Public PortalAbout064-2018 - Patriot Engineering - Surveying for asbestos - Greenhouse - CopyFg)"jo,", M)RA
AGREEMENT
THIS ACfR-EB4I.-,,NT made and entered into this day of -2018, and reforred
to as Contrut No. 64-2018 by w and bets the City of RA.111od j),"1ndiana, a wainicipal
corporation acting by and thr-ough its Board of Parks and Recreation, with its office at 50 North
5th Sti-cet, Richniond, Indiana, 47374 (hereinafter referred to as the "City") and Patriot
Engineering and Environmental, Liu., 6150 Bast 7 51h Street, Indianapolis, Indiana, 46250
(hrteinaftcr "Contractor" ),
SECTION L STATEMENT ANM StJBJECT OF WORK
City bueby retains Contractor to provide. professional services to condtict and provide a pre -
demolition asbestos suiirey for the Greenhouse for the Riclu-nond Parks and Recreation
Department (the "Project"). I
Contiaetor's proposal, dated April 9, 2018, consisting of eight (B) pages, is attached hereto as
Exhibit A, wlich Exhibit is incorporated by reference and made a part of this Agreement.
Contractor aggress to abide by the same,
Should any provisions, terms, or conditions contained in amy of the docurnents attached hereto as
Exhibits, or in any, of the docurnents incorporated by -reference herein, conflict r�rith any of the
provisions, terms, or conditions of this Agreement, this Agreement shall be controlling.
Contractor sliall perforrn all work herein in a tirnel), niamier, conform-Lng to all applicable
professional standards,
Tl,-Contractor shafl furnish, all labar, materi 1, cqWipmm-nt, and scrviccs necessary wtach are
Aj — A la L
incidental to the proper completion of all work specified,
No per-formaucv, of seii,ices shall commence until the following has been ruct,
1. The City is in receipt of any mquired certificabu of insurance and/or
warranties;
2. The City is in receipt of any required affidavit signed by Contractor in
accordance with Indiana Code 22-5-M-11 (a)(2); and
3, A puiThase order has been issued by the Purchasing Department.
SECTION 11. STATUS OF CONTTRACTOR
I
Contractor shall be, deemed to be an independent contractor and is not all employee or age))( of
the City at Rk,,hinond. The Conti.,actor shall PrQllidC, at its OWn CXPCnSG, COMpOtC111 SUPtNiSiOn
of the vvm-k.
Contraot No. 64-2013
Page. 1 of 6
SECTION III, COWENSATION
City shall pay Contractor an amount not to exceed Two Thousand Five Hundred Dollars and
Zero Cents 02,500.00) for satisfactory completion of the Project,
SECTION IV. TERM OF AGREEMENT
This Agreement shall become effective when signed by all parties and shall continue in effect
until completion of the Project,
Notwithstanding the term of this Agreement, City may terminate this Agreement in whole or in
part, for cause, at any time by giving at least five (5) working days written notice specifying the
effective date and the reasons for termination which shall include but riot be limited to the
following;
a, failure, for any reason of the Contractor to fulfill in a timely and proper manner its
obligations under this Agreement'
b. submission by the Contractor to the Cite of reports that are incorrect or incomplete in
any material respect;
c, itreffeetive or improper use of funds provided under this Agreement;
d. suspension or tennination of the grant funding to the City under which this Agreement
is Trade; or
e. unavailability of sufficient funds to make payment on this Agreement.
In the event of such termination, the City shall be required to make payment for all work
performed prior to the effective date by Contractor, but shall be relieved of any other
responsibility herein.
This Agreement may also be terminated, in whole or in part, by mutual Agreement of the parties
by setting forth the reasons for such termination, the effective date, and in the case of partial
termination, the portion to be terminated.
SECTION V. ZNDEAdMFICATION AND INSURANCE
Contractor agrees to obtain insurance and to indenurify the City for any damage or injury to
person or property or any other elahns which may arise fi•olli the Conti -actor's conduct or
performance of this Agreement, either intentionally or negligently; provided, ,bowever, that
nothing contained in this Agreement shall be construed as rendering the Contractor liable for acts
of the City,, its officers, agents, or employees, Contractor shall as a prerequisite to this
Agreement, purchase and thereafter maintain such insurance as -will protect it from the claims set
forth below which may arise out of or result from the Contractor's operations under this
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Agreement, whether such operations by the Contractor or by any sub -contractors or by anyone
directly or indirectly employed by any of them, or by anyone for whose acts the Contractor may
be held responsible.
Coverage Limits
A. worker's Compensation & Statutory
Disability Requirements
R Employer's Liability $100,000
C. Comprehensive General Liability
Section 1. Bodily Injury $1,000,000 each occurrence
$2,000,000 aggregate
Section 2. Property Damage $1,000,000 each occurrence
D. Comprehensive Auto Liability
Section 1. Bodily Injury $1,000,000 each person
$1,000,000 each occutTenee
Section 2. Property Damage $1,000,000 each occurrence
E. Comprehensive' Umbrella Liability $1,000,000 each occurrence
$2,000,000 each aggregate
F. Contractor's Pollution Liability $1,000,000 each occurrence
G. Professional Liability Errors
and Omissions $1,000,000 each occurrence
$2,000,000 each aggregate
SECTION VI. COMPLIANCE WITH WORKER'S COMPENSATION LAW
Contractor shall comply with all provisions of the Indiana Worker's Compensation late, and
shall, before commencingwork under this Agreement, provide the City a certificate of insurance,
or a certificate front the industrial board showing that the Contractor has complied with Indiana
Code Sections 22-3-2-5, 227.3-5-1 and 22-3-5-2. If Contractor is an out of state employer and
therefore subject to another state's worker's compensatian lain{, Contractor may choose to
comply with all provisions of its home state's worker's compensation law and provide the City
proof of such compliance in lieu of complying with the provisions of ffie Indiana Worker's
Compensation Law.
Page 3 aF6
SECTION VH. COMPLIANCE WITH MLA -NA E-VERIFY PROGRAMR1a UIREMENTS
Pursuant to hrdiana Code 22-5-1.7, Contractor is required to enroll in and verify the work f
eligibility status of all newly hired employees of the contractor through the Indiana E-Verify
program, Contractor is not required to verify, the work eligibility status of all newly hired
employees of the contractor through the Indiana E-Verify program if the Indiana E-Verify
program no longer exists. Prior to the performance of this Agreement, Contractor shall provide
to the City its signed Affidavit affirming that Contractor does not knowingly employ an
unauthorized alien in accordance with IC 22-5-1.7-11 (a) (2). In the event Contractor violates IC
22-5-1.7 the'Contractor shall be required to remedy the violation not later than thirty (30) days
after the City notifies the Contractor of the violation. If Contractor fails to remedy the violation
,Aithin the thirty (30) day period provided above, the Cit3r shall consider the Contractor to be in
breach of this Agreement and this 'Agreernent will be terminated. If the City determines that
terminating this Agreement would be detrimental to the public interest or public property, the
City may allow this Agreement to remain in effect until the City procures a new contractor, If
this Agreement is terminated under this section, then pursuant to IC 22-5-1.7-13 (c) #lie
Contractor will remain liable to the City for actual damages,
SECTION VIE, 1RAN INVESTMENTACTIVITIES
Pursuant to Indiana Code (IC) 5-22-16.5, Contractor certifies that Contractor is not engaged in
investment activities in Iran. in the event City determines during the course of this Agreement
that this certification is no longer valid, City shall notify Contractor in ATiting of said
determination and shall give contractor ninety (90) days within which to respond to the written
notice. In the event Contractor fails to demonstrate to the City that the Contractor has ceased
investment activities in Iran within ninety (90) days after the written notice is give', to the
Contractor, the City may proceed with any remedies it may have pursuant to IC 5-22-16.5. In
the event the City determines during the course of this Agreement that this certification is no
longer valid and said determination is not refuted by Contractor in the manner set forth in IC 5-
22-16.5, the City reserves the right to consider the Contractor to be in breach of this Agreement
and terminate the agreement upon the expiration of the ninety (90) day period set forth above.
SEC`I`ION lX, PROHIBITION AGAII\iST DISCRL%41NATICN
A. Pursuant to Indiana Code 22-9-1-1 Q, Contractor, any sub -contractor, or any person acting
on behalf of Contractor or any sub -contractor shall not discriminate against any employee or
applicant for' employment to be employed in the performance of this Agreement, with respect to
hire, tenure, terms, conditions or privileges of employment or any matter directly or indirectly
related to employment, because of race, religion., color, sea, disability, national origin, or
ancestry,
B, Pursuant to Indiana Code 5-16-6-1, the Contractor agrees;
1, That in the hiriarg of employees for the performance of work under this
Agreement of any subcontract hereunder, Contractor, any subcontractor, or any person
Page 4 of 6
acting on behalf of Contractor or any sub -contractor, shall not discriminate by reason of
race, religion, color, sex, national origin or ancestry against any citizen of the State of
Indiana who is qualified and. available to perform the work to which the employment
relates;
2. That Contractor, any sub -contractor, or any person acting on behalf of Contractor
or any sub -contractor shall in no manner discriminate against or i_ntinr date any employee
hired for the performance of work under this Agreement on account of race, religion,
color, sex, national origin or ancestry;
3. That there may be deducted from the arnount payable to Contractor by the City
under this Agreement, a penalty of five dollars ($5.00) for each person for each calendar
day during which such person was discriminated against or intimidated in violation of the
Provisions of the Agreement; and
4. That this Agreement may be canceled or terminated by the City grid all monies
due or to become due hereunder may be forfeited, for a second or any subsequent
violation of the terms or conditions of this section of the Agreement.
C. Violation of the terms or conditions of this Agreement relating to discrimination or
intimidation shall be considered a material breach of this Agreement.
SECTION X, RELEASE OF LIABILITY
Contractor hereby agrees to release and hold harmless the City and all officers, employees, or
agents of the same froze all liability for negligence which may arise in the course of Contractor's
performance of its obligations pursuant to this Agreement.
SECTION XI. MISCELLANEOUS
This Agreement is personal to the parties Hereto and neithm part), may assign or delegate any of
its rights or obligations hereunder without the prior written consent of the other party, It shall be
controlled by Indiana law and shall be binding upon the parties, their successors and assigns. It
constitutes the entire Agreement between the parties, although it may be altered or amended in
whole or in part at any time by filing with the Agreement a written instrument setting forth such
changes signed by both parties.
This Agreement may be simultaneously executed in several counterparts, each. of which shall be
an original and all of which shall constitute but one and the same instrument.
The parties hereto submit to ,jurisdiction of the courts of Wayne County, Indiana, and suit arising
under this Contract, if any, must be filed in said courts. The patties specifically agree that no
arbitration or mediation shall be required prior to the conunencement of legal proceedings in said
Courts,
Page 5 of 6
A.u}' person exectifing this Contract in a repaesetttative capacity hereby warrants dim he has been
duly authorized by his or her l)rincipal to execute tlris Contract.
In the event of any breach of this Agreement by Contractor, and in addition to any other damages
or rernedies, Contractor shail be liable for all costs iu un-ed by City clue to the enforcerncnt of
this Agreement, nrCluding but not limited fo City's masonable attorney's fees, whether or not suit
is filed.
In the event that an ambiguity of question Of intent or a need for interpretation of this Agreement
arises, this Agreement shall be construed as if drafted jointly by the parties, and no presumption
or burden of proof shall arise favoring or' disfavoring any party by virtue of the authorship of any
of the provisions of this Agreement,
iN WITNESS WHEREOF, the parties have executed this Agreement at Ricluumid, Indiana, as of
the day and year first written above, although signatures may be affixed oil different dates.
"CIT'y"
THE CITE' OF RICHMOND,
INDIANA by and through its
Board of Parks and Recreation
1�ertise Retz, Sutaerinteir�e�t
Date:
"CONTRACTOR"
PATRIOT ENGINEERING AND
EWIROMMENzrTAL, INC.
6150 East 75'h Street
Indianapolis, IN 46250
Printed:, E meS
APPROVED: Ar��
Title:
`�David7C4. Srro»�, � ayor
Page 6 of 6
.��,;;->� ��'Partttor�'r,1GrNl;ER1uG
Fes`,
and Enviranmen fat, Inc.
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• �cdCasflrvctlon H,trAl7e F�MnYr
April 9, 2018
Mr. Greg Stlans ,
Director of Public Works
City of Richmond
50 North 5'b Street
Richmond, IN 47374
RE: Proposal for Pre -Demolition Asbestos Survey
28 Waterfall Road
Richmond, Indiana 47374
Patriot Proposal No. P4 B-0569-01 E
Dear Mr, Stiens;
Thank you for contacting Patriot Engineering and Environmental, Inc. (Patr)ot} for your
environmentai needs. We appreciate the opportunity to submit our proposal to conduct
a pre -demolition 'asbestos survey of the former greenhouse and: associated structures
located at 28 Waterfall Road In Richmond, Indiana (Site). The fallowing details the scope
of work and provides the estimated fee to conduct the aforementioned services.
SCOPE OF WORK
Pre -Demolition Asbestos Survey
Patriot proposes to perform a pre-demolitlon asbestos survey in order to Identify the
presence, quantity, and condition of suspect regulated asbestos containing material
(RAGM) within the Site buildings, The Identification of RACM will be accomplished
through visual evaluation of suspect materials, bulk sampling, and laboratory analysis.
The survey will be conducted in a manner consistent with the National Emission
Standards for Hazardous Air Pollutants (NESHAPS) and bulk samples will be collected
from all accessible materials.
All work will be performed by a licensed Indiana Department for Environmental
Management (IDEM) asbestos building inspector. An estimated 40 bulk sample layers
will be collected and submitted to an accredited laboratory on a one -week analytical turn-
around time (TAT). Analysis for asbestos will be performed utilizing the United States
Environmental Protection Agency (U.S. EPA) Method EPA/600/R-331118, A material is
6160 !vast 751" Street, Indianapolis, Indiana 46250
(317) 576-8068 - (317) 676.1865 FAX ° VAnv.Patd0ten9.c0m
of ices in Indianapolis, Broonjinrglon, Evansville, Fort Wayne, Lafayette, and Terre Haute, IN,
Loufsvilie, KY, Dayton, Ott, Cincinnall, ON, Nashvilla, TN, and New Orleans, LA
c�B(T PAGE
Proposat for Are-oemolition Asbestos Survey Palriof Proposal Number Pf 6-0669.01E
28 A orli 9 2018
considered ACM if it contains greater than one percent asbestos (>I%), Please note that
RACM with reported asbestos concentrations of less than one percent (-�7%) must have
the asbestos content verified by point count analysis before they can be considered non -
asbestos containing.
Reporting . .
A final report will be prepared to document the scope of work, methodology, and findings
of the proposed work. The report will contain a discussion of the results of the work
performed, recommendiations to address any potential environmental concerns, and an
engineers estimate for asbestos abatement and oversight..
PROJECT SCHEDULE
The work can begin immediately upon receiving your written authorization to
proceed. The above scope of work will require unimpeded access to all areas of the Site
and will require one day to complete, The written report will be issued within three days
of receipt of all laboratory analytical data and verbal results will be provided immediately.
PROJECTPEES
The jump sum fee to perform the above scope of work Is $2,500,00. This fee Includes all
charges for labor, travel and expenses, report generation, and asbestos lab analyses of
up to 40 sample layers on a one week TAT. If it Is determined that additional samples are
necessary to adequately characterize conditions at the Site, an additional fee of
$9.00/sample (on a one week TAT) will be Incurred.
Please note that this fee does not Include any costs associated with expedited TAT's or
point count analyses (If necessary).
No work beyond the aforementioned scope of work will be performed without prior
authorization.
AUTHORIZATION TO PROCEED
Patriot will Initlate project activities upon receipt of the completed, attached Proposal
Acceptance Agreement, Patriot's Terms and Conditions (attached) are applicable to this
scope of Work.
Paulo( Engineering and Environmental, Inc. Page 2
FXHIClI7 L�_ P GF
Proposal for Pm-bamolltlon Asbestos Survey Paldol Proposal Number P18-0569-01 i;
28 Walsrfall Road, Richmond, kidlana �ipr119, 2018
If you have any questions regarding this proposal or require additional information, pleass
don't hesitate to contact us at.317-576-8058. Your authorization to proceed -can be
returned via fax to 317-576-19s5, or to sdombrowski@patrtoteng.com,
Once again, thank you for this opportunity to provide you with this proposal.
Sincerely,
Patriot Engineering and Environmental, Inc.
Scott L. Dombrowski
Senior Project Manager
Environmental Division
Attachments;
Terms and Conditions
Proposal Acceptance Agreement
Patrlot Engineering and Erwlronmonlal, lnc,
Of
'"James T, Sharer, PE
President
Patriot Engineering and Environmental, Inc.
EXHIBIT PAGE F
Page 3
YVitt,p r Tar NGINEERING
Envlronrnenlef, Inc,
gyyg55. � _ �,[:ngytadnp Vllul kf FMller-0veLtle
'PERMS AND CONDITIONS
SCOPE OF WORK
PATRIOT Engineering and Environmental Inc. (PATRIOT)
shall perform the services defined in the attached proposal at
the We slated in the proposal or the attached fee schedule.
Any estimate of time and materials shait not be considered as
a fixed price, but only an estimate (unless otherwise
specifically stated In this contract). PATRIOT will provide
additional services at the listed standard fees. This offoruill
be valid for ninety (go) days unless otherwise siated. Upon
acceptance, this proposal and associated terms and
condiifons shall become the contract.
RIGHT OF ENTRY
Client grants to PATRIOT the right of entry to the project site
by Its employees, agents, and subcontractors; to perform
services, post slgnago, and represents that It has obtained
the needed permits and licenses for the proposed work. If
Client does not own the site, Client warrants and represents
to PATRIOT that It has the authority and parm€sslon of the
owner and occupant of the site to grant right of entry la
PAT RIOT,
PAYMENT TERMS
PATRIOT will submit Invoices to the Client throughout the
project and a final trio€re upon completion of services. There
shall be no relainage of fees due and payable to PATRIOT
Payment Is due within fourteen (14) days of invoice reeelpt,
regardless of whother the dlent has been reimbursed by any
other party. Client agrees to pay interest of one and one-half
percent (1%11o) per month, or the maximum rate allowed by
law, an past due accounts. .Any attorney's fees, collection
fees or other costs incurred In collecting any delinquent
amount shall be paid by Client.
STANDARD OF CARE
The services shall be perfomled In accordance with ganerafty
accepted industry principles and praoilcas, consistent with a
level of cafe and sldll ordinarily practiced by reputable
members of the profession currenily providing similarservlces
under similar circumstances. Except as set forth herein,
PATRIOT makes no other reprassnlalion, guarantee, .or
warranty, express or Implied, in fact or by law, whether any
Merchantability, 11ness for any particular purpose of
otherwise concerning any of the serAws which may be
furnished by PATRIOT to Client. Client agrees to give
PATRIOT written notice of any breach or default under this
section and to give PATRIOTa reasonable opportunity to Cure
such breach or default, without the payment of additional fees
to PATRIOT, as condition precedent to any claim for
damages.
INSURANCE AND GENERAL LIABILITY
PATRIOT maintains Workers' Compensation and Employers`
UaWlity Insurance in compliance with the laves of the state
having jurisdiction over the individual employee. PATRIOT
has insurance coverage under general ilablRy, property
damage, and professional liability, which PATRIOT deems to
be adequate. Certificates for such policies of insurance shall
be provided to Client upon request, PATRIOT may provide
additional lnsurance coverage beyond stated limits at the
Cllant's request and expense.
Ell
RISK ALLOCATION
Due to the very Ilmiled benefit PATRIOT will derive from this
project compared to that of other parties Involved, Including
the Client, Client agreas to limit PATRIOT'S Nabifity to Client
or any 'other party rising or relying on PATRIOT'S worts with
respect to any acts or ornlsslons including, but not limited to,
breach of this centiact, breach of warranty, negligence,
alleged defects In PATRIOTS performance, or other legal
theory such that the total aggregate liability of PATRIOT to all
those named shall not exceed a maximum limit of $26,000 or
PATRIOTS project fee for the services rendered on thls
project, whichaver is less.
TERMINATION
Either party may suspend performance immediately upon
becoming aware of a breach of the terms of this contract by
the other party and provide nollco of fig Intention to terminate.
In the event f A7RIO T dolermines there may be a signlllcant
ilsk that PATRIOTS fees may not be paid on a timely basis,
PATRIOT may suspend performance andtor retain any
reports, work products, or other Information until Client
provides PATRIOT Mlh adequate asaurances of payment
The f€ling of a voluntary or involuntary bankruptcy pefitlon,
appointment of a receiver, assignment for the benefit of
creditors or other similar act of insolvency shall consGtule a
breach. Termination will become effective seven (7) calendar
days after recetpl of noflce by the breaching patty unless the
evant(s) giving rise to the breach are remedied within the
timatrame or the party seeking termination revokes Its notica.
Either party, without cause, may terminaie this contract upon
providing ten (10) calendar days wrtilen notice to the other
party.
ASSIGNS
This contract may be amended by vrrltlen Instrument, e-mail
confirmation, or wiluen confirmation of a verbal agreement,
acknowledged or signed by both parties. Client shall not
assign this proposal or any reports or Information generated
as a result of contracted sarvtces pursuant to this proposat
without written consent of PATRIOT.
BAFETY
PA TRIOTS responsibility for safety -on silo shall be limited to
its ovrn personnel, subcontractors, and any Individuals who
are d#rectly involved Mth PATRIOTS work on site. This shall
not be construed to relfevo the Cllenl or any of-ils contractors
from thalr responsfbllliles for maintaining a safe jobske.
Neither the professional activities of PATRIOT, nor the
presence of PATRIOTS employees and its subcontractors
shall be construed it) imply that PATRIOr has any
responsibility for any activities on the site, which are
porfonned by personnel other than PATRIOTS employees or
subcontractors.
tn. CONFLIGTS
Should any element of the Terms and Conditions be deenled
in conftirt with any element of the proposaflcontract, unless
the proposelleoniract cfeariy voids the eonNcting element In
the Terms and Conditions, wording of the Terms and
Conditions shall govern. Any element of this agreement later
page i of 4
Pablo! Englneerfng and 1=nvfronmenfal, Inc. Terms and Condlllons
hold to violate a law or regulation shelf be deemed void, but
an famelning provisions shalt continue in force. The Terms
and conditions set forth herein shall survive the tarmfoation
of this contract No action, legal or othenvisa, may be brought
against PATRIOT arlsing (ram Its performance of services
under this contract; whether for breach of contract, tort, or
olhervdsa, unless PATRIOT shall have recelved within two (2j
years after completlon of services underthis contract a wrillan
notice specifying ttse alleged defects In PATRIOTS
performance or other breach,
11. CONSEQUENTIAL DAMAGES
in no event shalt ellhar party be liable to the other party for
any consequenilal, incidental, or Indirect damages Including,
though not limited to, loss of income, loss of profits, loss or
restriction of use of praperty, or any other business losses
regardless as to whether such damages are caused by
breach otcontract or wa nanty, negligent acts or omissions, or
oiherwrongfuf acts,
12. DELAYS IN WORK
PATRlorwitl charge the Client at standard fees for stand-by
or non -productive fire for delays In PATRIOTS work caused
by the Client or Clianf s contractors unless otherwise
specifically provided for In the contract, .
13. SAMPLING OR TEST LOCATION(5)
Unless otherwise stated, the fees In this proposal do not
Include costs associated with surveylag of the site for accurate
horizontal and verilcal Iocations or tests or samples which,
when referenced In PATRIOTS report, are based on
Information furnished by others andlor estimates made by
PATRIOTS , personnel and are only considered
approximations, unless otherwise stated. PATRIOT may
deviate a reasonable distance from any lest or sampling
location as specified by the Client. If, in order to complete a
given sell boring to its designated depth, relocating the soli
sampling location and associated sampling method is
nacesahated by encountering trlpsnalrable subsurface
objects, a€i work, Including the original work perforated, will be
charged for at the appropriate rates In the fee schedule.
Client recognfzas that project silo conditions may vary from
those encountered at the locations where the borings,
surveys, sampling, moniladn% or explorations are made by
PATRIOT and its subcontractors, and that the data
interpretations and recommandatlona of PATRIOT'S and Its
subcontractors are based solely on the information available
to them. PATRIOT will only be responsible for data,
interpretations, and recommendations based an Informallon
obtained from the locations sampled, mordtored, and explored
by PATRIOT and its subcontractors, but shall not he
responsible for the Interpretations by others of the information
obtained and reported,
14. DISPUTE RESOLUTION
Any claim or dispute made against PATRIOT for inadequate,
negligent, or improper performance of services by PATRIOT
pursuant to this contract must be resolved by negotialion of
mediation, Any party to this contract may demand that any
such disputes be resolved by negotiation or mediatlon, unless
the parties mutually agree otherwise. The Client and
PATRIOT further agree to Include similar dispute resolution
provisions in all agreements with Independent contractors and
consultants retained for the project and to require all
Independent contractors and consullants also to Include,
similar dispute resolution provisions in ail agreements with
subcontractors, subconsullanis, suppliers or fabricators so
retained, thereby providing for negotiallon or mediation as the
primary method for dispute resolution between the parties to
those agreements,
15. 41LURE TO FOLLOW ftECOMMENI)ATIONS
Client will not hold PATRIOT or Its subcontractors liable for
any consequenilal, Ineldanlal, or indirect damages or
business tosses Chet may occur based on, or which may result
from PATRIOT`s or its subcontractors' recommendations that
are not followed. Chant waives any claim against PATRIOT
and agrees to defend, Indemnity, and hold PATRIOT
harmless from any cla€m, liability for Injury, at business loss
that results from PATRIOTS recommendations that are not
followed.
I$, FORCE MAJEURE
Neither Client nor PATRIOT shall hold the other responsible
for damages or delays,in performance caused by events
beyond the control of the other party and which could not
reasonably have been anilcipaled or prevented, including but
not-ilmlled to; acts -of Gad, materfailyditferent-aile conditions,
wars, dots, rebeiflons, sabotage, fires, explosions, accidents,
floods, strikes or other conceded acts of workers, lockouls, or
changes In laws, regulations, or ordinances. The party
Intending to invoke force majeure shall provide prompt notice
to the other party.
17, RIGHT TO STOP OR DIRECT WORK
Since PATRIOT'S duties and services are limited to the scope
of work proposed and contracted with the Client to perform,
PATRIOT shall not under any circumstances give a stop -work
order or dkoet work, either for quality, safety or any other
reason, unless dlracled solely to PATRIOT personnal or Its
subcontractors' personnel. Neither shall PATRIOT be
responsible for the possible consequences of not Issuing a
stop -work order. PATRIOT will only report to Client regarding
the quality of the work PATRIOT has performed, or been
contracted to observe and monitor.
ill. FIELD MONITORING AND CONTROL.
PATRIOT shall not, except for its own services and for
services it subcontracts, specify project site procedures,
manage or supervise project wont, Implement or be
responsible for project site health and safety procedures.
PATRIOT shall not be responsible for the acts or omissions of
other parties on the project site and shall not have control or
charge of and not be responsible, without limitation, for project
means, methods, techniques, sequences, or procedures,
PATRIOT'S project sorvices shall not relieve any other parties
from their responsibility for performing work In accordance
with applicable piano, specifications, safety requlremants,
laws, and regulations. PATRIOT'S proposed and contracted
monllodng and testing services are limited to its proposed and
contracted scope of work and does not imply or warrant that
PATRIOT Is responsible for observing all activillos and
personnel at the project site. If PATRIOT is not retained to
monitor environmentaf remediatlon, mitigation, or abatement
aclivitles, Client waives any claim against PATRIOT and
agrees to Indemnify, defend, and hold PATRIOT harmless for
any claim or liability for Injury or business foss resulting from
ramedfatlon, millgallon, or abatement activities
The words 'supervision', 'Inspeclton', or -control', If used In
connecgan with PATRIOT's work, are only Intended to moan
periodic observation or monitoring of the project work as
outlined In PATRIOT'S proposed and contracted scope qt
work,
_ Page 2 of 4
L _
Patriot Engfneerfng and Errvlronrnentat, hmc. Terms slid Condillons
18, RETESTING AND RE -MONITORING
PATRIOT is only obligated to monflor and test In accordance
with applicable and agreed upon standards and methods, in
the event PATRIOT's monitoring and/or testing discloses
deficiencies in the project's work, and which consequently will
require corrections, PATRIOT will rates) or re -monitor the
corrected work as required by the plans and specifications or
as directed by the Client; however, all such retesting or re.
monloring shot] be addlitonal work and shalt be paid far by
Client at the agreed upon teas In this coniraci.
20. SITI=1NORK .
PATRIOT vrili take, reasonable 'precautions to avoid any
damage to the project site from the activities of Its personnel,
subcontractors, or equfpmeni. Any damage caused by
PATRIOT'S negllgerim will be restored at PATRIOTS
expense; however, unavoidable damage caused In the
execution of the project work such as lira rutting, cutting and
splicing of fencas, removal of potential asbestos containing
materiels {ACM), drilling through pavements, culling of brush
and trees, coring through pavements, etc., will not be restored
unless othemise stated In the ccntract.
21. UTILITIES
In the execution of enysubsufface exploration, PATRIOT will
taste reasonable precautions to avoid damage to
subterranean structures or ulllfiies of which PATRIOT has
received notl4catlon; however, it is the Cllani's responsibility
to mark or furnish the locatlons of ail underground, manmade
obsiructlons or Willies. Client shall Indemnify, defend, and
hold harmless PATRIOT from and against any claims, losses,
or damages Incurred or asserted against PATRIOT related to
Client's failure to mark, protect, Inform, or advise PATRIOT of
underground structures or utiillies, unless stated In our
contracted scope of services.
22. SAMPLES
PATRIOT and its subcontractors Wilt retain any soil, rock,
water; or material samples obtained in the performance of its
contracted scope of work for a period not to exceed thirty (ao)
days after submitting PATRIOT'S report or findings, Further
storage or transfer of samples and materials obtained from
the contracted scope of PATRIOT'S vrork can be made at the
Client's expense upon wrilton request.
2a, AQUIFER CONTAMINATION
Clfen( waives any cfalm against PATRIOT, and agrees to hold
harmless, defend, and indemnify PATRIOT from any claim,
business foss, or liability for injury as a result of cross -
contamination caused by subsurface drilling and/or sampling
unless due to PATRIOTS negligence or willful acts,
24. HAZARDOUS SUBSTANCES
Client agrees to advise PATRIOT, prior to beginning project
work, of any hazardous substances on or noar the project silo
known to Client. In tho event that test samples obtained
during our work contain substances hazardous to health,
safety, or the envlronmenl, these samples remain the property
of Client which also shall pay for all costs connected vrrth
doconlaminallon of PATRIOT'$ or its subcontractors'
equipment. Furthermore, any equipnmanl of PATRIOTS or Its
subcontractors' contaminated during PATRIOT's setvlcez
which cannot be reasonable decontaminated shall become
the Property and responsibility of Client. Such samples and/or
equipment will be delivered to Ctfef)L Client agrees to pay
transportation costs for samples and equipment, and the fair
market value of such contaminated equipment. Client waives
0
any claim against PATRIOT and Its subcontractors and
agrees to defend, indemnify, and hold harmless PATRIOT
from any claims, business loss, or liability for injury adBing
from PATRIOTS failure to deleot the presence of hazardous
materials, Including ACM, through techniques and methods
agreed upon In the proposed and contracted scope of work,
unless the failure to detect hazardous materials, Includ€ng
ACM, was due to PATRIOTS failure to property execute the
proposed and contracted scope of work set forth in this
contract,
25, ENVIRONMENTAL PROBLEMS
PATRIOT and its subcontractors'-dulfes and responsibilities
are IMted to the proposed and contracted scope of work. Any
sampling, testing, or monitoring of site conditions or moterlais
rasa led to onvlronmentat concerns including hazardous waste,
soft, ground water, surface water, ACM, or air poflutants are
not part of PATRiOT'S responsibilities and duties unless
specifically Ideallfted In Its proposed and contracted scope of
work. ff 11 becomes apperen( during project site worts that
undisclosed hazardous materials may be present, project site
work will be terminated unless specified in PATRIOT'S
proposed acid contracted scope of project work. Project site
work will resume only after renogolla(lon of the contracted
scope of services and fees to envar appropriate environment,
hsaflh, and safety precautions, PATRIOT shall have no
responsibility for detecting or dealing with environmental
concerns, hazardous waste, soil, ground water, surface water,
ACK or air contamination, should they occur at the project
sfie unless specifically ouline In PATRIOT'S proposed and
contracted scope of work. Client waives any claim agalrist
PATRIOT and agrees to defend, Indemnify, and hold
harmless PATRIOT from any claim, business loss, or liability
for Injury that results from the discovery of onsita
environmental concerns, hazardous materials, soils, ground
water, surface water. ACM, or air contamination.
26, ENVIRONMENTAL INDEMNITY
Client agrees to the maximum extent permitted by law to
defend, Indemnify, and hold harmfess PATRIOT and Its
subcontractors from and against any and all claims and
liabilities in connection vrith toxic or hazardous substances or
constituents unless caused by PATRIOTS oegltgence. or
willful acts, resufttng from Client's violation of any federal,
state or local statute, regulation or ordinance relating to the
handling, storage or disposal of toxic or hazardous
substances or consliluanls; Client's undertaking of or
arranging for Ilia handing, removal, treatmeni, storage,
transportation or disposal of toxic or hazardous substances or
constituents found or identified at the site; toxic or hazardous
substances or constituents introduced at the site by Client de
third persons before or after completion of services hereln;
altegations that PATRIOT or Its subcontractors are the
handlers generators, operators, treaters or storers,
transporters, of disposers undor ume Resource Conservation
and Recovery Act of 1976, Comprehensive Environmental
Response, Gompensallons and i.lablllly Act, or any olher
similar federal , state or local regulatlon or law.
PATRIOT or Its subcontractors have no role in generating,
trealing, storing, or disposing of any hazardous materials
which may be present at the project site, and which at no time
become the property of PATRIOT or Its subcontractors,
unless specifically identified In the proposed and contracted
scope of work. Client shall evaluate and select proper
disposal sit-- for treatment or disposal of its hazardous
materials (to include test samples collected to determine the
aharaclarisUcs of the samples), shall select the method of
�� Paga 3 of 4
Patriot Engineering and .Environmental, Ina T'srrns and Candifrons
Iransportatlon, and shall be solely responsible therefore, Any
arrangemenis for the treatment, sforaga, transport, or
disposal of any hazardous ma€erWs the( are made at the
direction and expense of Client and to be conducted or
completed by PATRIOT shalt be construed as toeing made
solely and exclusively on CllenCs behalf for Client's benefit,
and Client shalt defend, indemnify, and hold harmless
PATRIOT from and against any and all claims, damages,
business losses, Ilablllty of lnjury, and exponses,'inciuding
reasonable a€torney's fees, which arise out of any release,
threatened rofoase, transportatton, or disposal of hazardous
rvaterials, unless caused byihe negiigema.ox-wiilrut acts of
PATRIOT during the execution of its proposed and contracted
scope of wodc
2T OWNERSHIP OF ODCUMfENTS
Client agrees that all original documents and drawings
produced by PATRIOT In accordance with this agreement,
except documents, which are required to be fifed ► in public
agencies, shall remain the property of PATRIOT. Client
agrees to be liable and responsible for the use of unsigned
plans, drawings, or other documents nol signed by PATRIOT,
and mives lability against PATRIOT for {heir use. Further,
client agrees to waive any claim against PATRIOT and to
Indemnify, defend, and hold harmless PATRIOT from any and
all cfalms arising out of any use, not authorized in wriling by
PATRIOT, of these documents by third pariles not misted to
this agreement.
28. PUBLIC RE5POMMILti'Y
Client shall ba responsible for repotting to appropriate
governmental and licensing agencies tvlih respect to any legal
or regulatory rarlutremants, code violations, or hazardous
substances detected on site. it Client disregards PATRIOTS
and its subcantractors' recommondeffons for reporting or
public health and safety, Client waives any claim against
PATRIOT end Its subcontracts and agrees to defend,
Indemnify, and hold harmless PATRIOT and its
subcontractors from any claim, business toss, liability for
injury, or loss aris(ng from disregarding PATRit)T'S or its
subcontractors' recommendaltorls of repotting.
20, NON•SOMITATiON
During the term of this Agreement and for (6) six months after
arty termina lion of this Agreement, CLIENT will not directly or
indirectly solicit, Induce, recruit, divert or hire away,
oncourago, or ctheiwlse endeavor the cause or attempt to
cause any employee or Consultant of Patriot to terminate thglr
relationship to Patriot.
Revised July 2097
FETPM'fT—&F'ff'N; OF J
W
Page 4 of 4
.y
PATRIOT ENGINEERING AND ENVIRONMENTAL, INC,
6150 E. 75TH STREET
INDIANAPOLIS, IN 46250
telephone: 317-576-8058 tax: 317-576-1955 email: sdombrowski@patdoteng.ccm
PROPOSAL -ACCEPTANCE AGREEMENT
Prolecl Name; Fornier Greenhouse Pre-Dernollllon Asbestos Survey
f roiect Location: 28 Waterfall Road, RichmondIndiana
Description of Services: Pre-DemoRlon Asbeslos Surve
Patriot Proposal: P18-0569-01 E
APPROVAL & PAYMENT OF CHARGES - Invoices kylli be Chanted and mailed to the account of:
Client: ' City of Richmond
Address: 50 North 5'�' Street
CIl Stag Zip: Richmond inttiana 47374
Contact: Mr, Greg Stlens Director of Public Works
Tale hone: 765-983-7394 Email: gs�richmondlndlana.gov
COST INFORMATION: Lump Sum $2,500,00
PAYMENT TERMS: Payable upon Recelpt,
NOTICE: This AGREEMENT together with Patrlot's proposal and the attached Terms &
Conditions constitute the entire agreament t_ietwaen tha Client and Patriot and supersedes
all prior written or oral understandings:
PROPOSAL ACCEPTED BY;
PRINTED NAME:
TITLE: [;�•.,,<l•{•
.- i:;;,l{':4-_-•..-•;-}'`"._ -- �'
DATE.
,�•�t•'.,,,, �-"- ,-�, -_.... 1. -- t
PATRENG-CL LYOUNG
CERTIFICATE OF LIABILITY INSURANCE
DATE (MMIDDIYYYY)
04/10/2618
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED
REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER,
IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED, the pol€cy(les) must have ADDITIONAL INSURED provisions or be endorsed.
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on
this certificate does not confer rights to the certificate holder in Ileu of such endorsements .
PRODUCER
Gregory & Appel Insurance
1402 N Capitol Suite 400
Indianapolis, IN 46202
CONTACT
AME•
PNONE FAX
Ate, No, Ext):-(317) 634-7491 (A,c , Nal,(317) 634-6629
B• AlEss. carp@gregoryappel.com
INSURERS AFFORDING COVERAGE
WC 4
INSURERA:National Fire Ins CO -Hartford
2047$
INSURED
INSURERB : Continental Casualty Company
20443
INSURER C:
Patriot Engineering $, Environmental Inc.
INSURER 0
6150 East 75th Street
Indianapolis, IN 46250
INSURER E
INSURER F
COVERAGES CERTIFICATE NUMBER: RFVISION NtIMRFR-
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE• MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECTTO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR
L7
TYPE of INSURANCE
ADDL
I sR
SUER
D
ppLICY NUMBER
POLICY EFF
lMtoa
POLICY EXP
MMIDD
LIMITS
A.
X
COMMERCIAL GENERAL LIABILITY
cLAIMSA%0E rX OCCUR
6017245158
-
04112/2018
04/12/2019
EACH OCCURRENCE
S 1,000,000
DAMAGE TO RENTED
PREM SES Ea acLurrance
300,000
$
MED EXP Wy oneperson)
S 15,000
PERSONAL & ADV INJURY
5 1,000,000
AGGREGATE LIMIT APPLIES PER:
POLICY PROJECT- ❑ LOG
GENERAL AGGREGATE
$ 2,000,000
GEN'L
PRODUCTS -COMPIOPAGG
$ 2,000,000
s
OTHER:
A
AUTOMOBILE
LIABILITY
OBccNEDIIdenSINGLELIMIT
$ 1,000,000
X
ANY AUTO
OWNED SCHEDULED
AUTOS ONLY AUTOS
6017245161
0411212019
04/1212019
BODILY tNJURY Pet person)S
BODILY INJURY Per accident
S
AL1T05 ONLY AUTOS ONLY
P �au,dentO AGE
S
S
B
X
UMBRELLA LIAR
I X
I OCCUR
EACH OCCURRENCE
g 10,flO0,000
AGGREGATE
10,000,000
EXCESSLIA6
CLAIMS -MADE
6017245189
0411212018
04112/2019
DED X RETEN710N S 10.000
s
g
WORKERS
ORS' LIABILITY INY ! N
ANY PROPRIErOWPARTNEWEXECUTIVE
(MFaridatary 3n N� EXCLUDED?
If yes, descnhe under
DESCRIPTION OF OPERATIONS below
N ! A
I
WC624377329
0411212fl38
04112I2fl19
X STAT STATUTE �R
E.L. EACH ACCIDENT
1,000,000
$
E.L. DISEASE - EA EMPLOYE
1,000,000
S
E.L DISEASE - POLICY LIMIT
S 1,000,000
DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Addlttonaf Remarks Schedule, may be attached if more space Is required)
City of Richmond
Certlficate Holder Is additional insured as defined In #CNA74705XX(01115) & CNA75079XX(01115) with respect to the General Liability according to the terms,
conditions and exclusions within the policy,
IC
City of Richmond
50 North 5th Streeet
Richmond, IN 47374
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
ACCORDANCE WITH THE POLICY PROVISIONS,
AUTHORIZED REPRESENTATIVE
ACORD 25 (2016103) @ 1988-2015 ACORD CORPORATION. All rights reserved.
The ACORD name and logo are registered marks of ACORD