HomeMy Public PortalAbout030-2014 - Metro- AMEC environment and infrastructure for Dana facilityy ,,
AGREEMENT
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THIS AGREEMENT made and entered into this day of �%/ 2014, and
referred to as Contract No. 30-2014, by and between the City of Richmond, Indiana, a
municipal corporation acting by and through its Board of Public Works and Safety (hereinafter
referred to as the "City") and AMEC Environment & Infrastructure, Inc., 201 South Capitol
Avenue, Suite 200, Indianapolis, Indiana, 46225 (hereinafter referred to as the "Contractor").
SECTION I. STATEMENT AND SUBJECT OF WORK
City hereby retains Contractor to provide services in connection with project preparation, health
and safety plan (HASP) revision, water management, demolition and segregation, reporting, and
project management for 2153/2175 Williamsburg Pike (former Dana Facility) for the City of
Richmond, Indiana (the "Project").
The City was provided with confirmation that the funds utilized for this Project are received
from the settlement of a claim in the Dana Corporation bankruptcy and said funds are allocated
from a dedicated account ("Richmond — Dana Site") held by the Indiana Department of
Environmental Management ("IDEM"). Said confirmation letter dated January 28, 2014 is
attached hereto as Exhibit A and incorporated herein by reference. Compensation to Contractor
shall be paid by IDEM from said account.
Contractor's Proposal is attached hereto as Exhibit B, which Exhibit is dated January 16, 2014,
consisting of twenty-six (26) pages, and is hereby incorporated by reference and made a part of
this Agreement. Contractor shall abide by the same and shall provide all equipment and services
listed on "Exhibit B."
Should any provisions, terms, or conditions contained in any of the documents attached hereto as
Exhibits, or in any of the documents incorporated by reference herein, conflict with any of the
provisions, terms, or conditions of this Agreement, this Agreement shall be controlling.
The Contractor shall furnish all labor, material, equipment, and services necessary for the proper
completion of all work specified.
No performance of services shall commence until the following has been met:
1. The City is in receipt of any required certificates of insurance and/or
warranties;
2. The City is in receipt of any required affidavit signed by Contractor in
accordance with Indiana Code 22-5-1.7-11(a)(2);and
3. A purchase order has been issued by the Purchasing Department.
Contract No. 30-2014
Page 1 of 6
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SECTION II. STATUS OF CONTRACTOR
Contractor shall be deemed to be an independent contractor and is not an employee or agent of
the City of Richmond. The Contractor shall provide, at its own expense, competent supervision
of the work.
SECTION III. COMPENSATION
The Contractor shall be paid a total amount not to exceed Three Hundred Sixteen Thousand One
Hundred Eighty-nine Dollars and Zero Cents ($316,189.00), for complete and satisfactory
performance of the work required hereunder, which payment shall be paid by IDEM from a
dedicated settlement account as described in Section I above. Contractor shall invoice IDEM for
work performed in connection with this Agreement provided that all amounts invoiced
collectively shall not exceed the above -described total amount.
SECTION IV. TERM OF AGREEMENT
This Agreement shall become when signed by the 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 not be limited to the
following:
a. failure, for any reason of the Contractor to fulfill in a timely manner
its obligations under this Agreement;
b. submission of a report, other work product, or advice, whether oral or written, by the
Contractor to the City that is incorrect, incomplete, or does not meet reasonable
professional standards in any material respect;
c. ineffective or improper use of funds provided under this Agreement;
d. suspension or termination of the grant funding to the City under which this Agreement
is made; 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 date this Agreement is terminated, 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.
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SECTION V. INDEMNIFICATION AND INSURAN
Contractor agrees to obtain insurance and to indemnify the City for any damage or injury to
person or property or any other claims which may arise from the Contractor's conduct or
performance of this Agreement, either intentionally or negligently; provided, however, 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
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
A. Worker's Compensation &
Disability Requirements
B. Employer's Liability
C. Comprehensive General Liability
Section 1. Bodily Injury
Section 2. Property Damage
D. Comprehensive Auto Liability
Section 1. Bodily Injury
Section 2. Property Damage
Limits
Statutory
$100,000
$1,000,000 each occurrence
$2,000,000 aggregate
$1,000,000 each occurrence
$1,000,000 each person
$1,000,000 each occurrence
$1,000,000 each occurrence
E. Comprehensive Umbrella Liability $1,000,000 each occurrence
$1,000,000 each aggregate
SECTION VI. COMPLIANCE WITH WORKER'S COMPENSATION LAW
Contractor shall comply with all provisions of the Indiana Worker's Compensation law, and
shall, before commencing work under this Agreement, provide the City a certificate of insurance,
or a certificate from the industrial board showing that the Contractor has complied with Indiana
Code Sections 22-3-2-5, 22-3-5-1 and 22-3-5-2. If Contractor is an out of state employer and
therefore subject to another state's worker's compensation law, 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 the Indiana Worker's
Compensation Law.
Page 3 of 6
SECTION VIL COMPLIANCE WITH INDIANA E-VERIFY PROGRAM REOUIREMFNTS
Pursuant to Indiana Code 22-5-1.7, Contractor is required to enroll in and verify the work
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
within the thirty (30) day period provided above, the City shall consider the Contractor to be in
breach of this Agreement and this Agreement 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) the
Contractor will remain liable to the City for actual damages.
SECTION VIIL IRAN INVESTMENT ACTIVITIES
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 writing 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 given 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.
SECTION IX. PROHIBITION AGAINST DISCRIMINATION
A. Pursuant to Indiana Code 22-9-1-10, 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, sex,
disability, national origin, or ancestry.
B. Pursuant to Indiana Code 5-16-6-1, the Contractor agrees:
That in the hiring of employees for the performance of work under this
Agreement of any subcontract hereunder, Contractor, any subcontractor, or any
person 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
Page 4 of 6
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 action on behalf of Contractor
or any sub -contractor shall in no manner discriminate against or intimidate 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 amount payable to Contractor by the City
under this Agreement, a penalty of five dollars (S5.00) 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 and all money
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 from all liability 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 neither party may assign or delegate any of
its rights or obligations hereunder without the prior written consent of the other party. Any such
delegation or assignment, without the prior written consent of the other party, shall be null and
void. This Agreement shall be controlled by and interpreted according to Indiana law and shall
be binding upon the parties, their successors and assigns. This document 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. By executing this Agreement the parties agree that this document supersedes any
previous discussion, negotiation, or conversation relating to the subject matter contained herein.
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 any suit
arising out of this Contract must be filed in said courts. The parties specifically agree that no
arbitration or mediation shall be required prior to the commencement of legal proceedings in said
Courts. By executing this Agreement, Contractor is estopped from bringing suit or any other
action in any alternative forum, venue, or in front of any other tribunal, court, or administrative
Page 5 of 6
body other than the Circuit or Superior Courts of Wayne County, Indiana, regardless of any right
Contractor may have to bring such suit in front of other tribunals or in other venues.
Any person executing this Contract in a representative capacity hereby warrants that he/she has
been duly authorized by his or her principal to execute this Contract.
In the event of any breach of this Agreement by Contractor, and in addition to any other damages
or remedies, Contractor shall be liable for all costs incurred by City in its efforts to enforce this
Agreement, including but not limited to, City's reasonable attorney's fees.
In the event that an ambiguity, 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 Richmond, Indiana, as of
the day and year first written above, although signatures may be affixed on different dates.
"CITY"
THE CITY OF RICHMOND,
INDIANA by and through its
Board of Public Works and Safety
' l
By:
Vicki Robinson, President
By:
Dian Lawson, Member
Date: 1/ 9
APPROVED: � A
Sarah L. Hutton, Mayor
Date:
"CONTRACTOR"
AMEC ENVIRONMENT &
INFRASTRUCTURE, INC.
201 South Capitol Ave., Suite 200
Indianapolis, IN 46225
By:
Printed: 1A -e
Title:T�,-,<, c L �,-A C ,�� C ,
Date: 12 1 I Z3c` J
Page 6 of 6
EXHIBIT PAGE 0
Indiana Brownfields Program
on Indiana Finance Authority Environmental Program
1 A
100 North Senate Avenue, Room 1275
Environmental grams, Indianapolis, Indiana 46204
_ www.brownfields.in.gov
fiel s
Sara Westrick Corbin
Financial Resources Coordinator
(317) 234-1688
swestrick@ifa.in.gov
January 28, 2014
Mr. Tony Foster II
Executive Director, Department of Metropolitan Development
City of Richmond
50 North 5th Street
Richmond, IN 47374
Dear Mr. Foster:
Per your request, this letter confirms that the Indiana Finance Authority (Authority) is managing funds
received by the Indiana Department of Environmental Management (IDEM) in conjunction with
settlement of a claim in the Dana Corporation (Dana) bankruptcy. As of the writing of this letter,
approximately $427,000 has been deposited into a dedicated account (Richmond — Dana Site) at the
Bank of New York for use at the former Dana site in the City of Richmond (City).
The Authority will make disbursements from the Richmond — Dana Site account in accordance with
written approval and instructions received from Ryan Groves, the IDEM project manager for the site.
With respect to the upcoming demolition, debris removal, and waste management activities, the
Authority can make disbursements directly to the City or consultants and/or contractors as designated,
as long as the payments are approved by IDEM.
Please feel free to contact me if you have additional questions or if we can be of further assistance. We look
forward to working with the City and IDEM on this project.
Sincerely,
Sara Westrick Corbin
Financial Resources Coordinator
cc: Ryan Groves, Indiana Department of Environmental Management (electronic copy)
Harry Atkinson, Indiana Department of Environmental Management (electronic copy)
File
Recycled Paper 0 Phone: (888) 290-0016 Fax: (317) 234-1338 Please Recycle
EXHIBIT PAGE _J_� OF
January 16, 2014
Mr. Tony Foster
Department of Metropolitan Development
City of Richmond
50 North Fifth Street
Richmond, IN 47374
RE: Scope of Work and Cost Estimate — Demo & Debris Removal
Updated from the November 15, 2013 Submittal
Former Dana Facility
2153 Williamsburg Pike
Richmond, Indiana
Dear Mr. Foster:
AMEC Environment & Infrastructure, Inc. (AMEC) is pleased to provide this proposal for
demolition and debris removal services to the City of Richmond associated with the former
Dana facility located in Richmond, Indiana. This scope of services has been prepared based on
information provided via email on August 19, 2013, as prepared by the Indiana Department of
Environmental Management (IDEM), and a follow-on site walk completed on August 29, 2013.
PROJECT BACKGROUND
The former Dana facility is located at 2153 Williamsburg Pike in Wayne County, Richmond,
Indiana. The property is currently vacant and owned by the City of Richmond. It contains the
remains of former buildings, debris from buildings that have been torn down, a Type I landfill,
and grassed, paved, or gravel covered areas. There is an Agreed Order (Cause No. EH 10755
dated November 1, 2001) associated with the Site for the monitoring and maintenance of the
Type I landfill.
In approximately 2005 the property was acquired by Mr. Keith Sharp, whom subsequently
demolished most of the former buildings and scrapped for salvage any metal at the former
facility. Due to delinquency of property tax payment, Wayne County seized the property and
conducted a tax sale on October 7, 2008, but was not sold. In 2009 ownership of the property
was transferred to the City of Richmond as part of a partnership agreement with IDEM to
facilitate clean-up of the property and return to tax generating application.
WORK SCOPE DESCRIPTION
The proposed scope of work addresses the items as outlined in the October 19, 2012 email
prepared by Ryan Groves of IDEM. This proposal includes the activities associated with the
bulleted items below; followed by a general description of each specific activity.
AMEC Environment & Infrastructure, Inc.
201 South Capitol Avenue, Suite 200
Indianapolis, IN 46225 USA
Tel (317)713-1700
Fax (317)713-1710
www.amec.com
P:\_7362 Projects\City of Richmond\Former Dana
Facility\Demolition Proposal\FINAL DRAFT\Client
Submittal\Updated Proposal Jan 16
2014\Proposal_Richmond_DEMD_UPDATED 16Jan14.doc
EXHIBIT ' PAGE -5), OFF
Mr. Tony Foster
January 16, 2013
Page 2
• Project Preparation & Scheduling (Task 1);
• HASP Revision (Task 2);
• Water Management (Task 3);
• Demolition & Segregation (Task 4);
• Reporting (Task 5); and,
• Project Management (Task 6).
TASK 1 — PROJECT PREPARATION AND SCHEDULING
Following authorization to proceed and purchase order receipt, AMEC will coordinate and
schedule project activities including contracting with subcontractors and suppliers. Per the
September 4, 2013, email communication, this proposal assumes there are no permits
required locally for the demolition and debris removal. Should permits be warranted at the
time of project implementation AMEC will communicate with the City of Richmond and
provide costs for permitting.
Additional assumptions and project planning activities:
• AMEC has communicated with the City of Richmond and was informed there is not
an existing asbestos inspection regarding the property/buildings. AMEC has
included costs for an asbestos survey by an Indiana licensed asbestos inspector as
part of the project preparation fees. Should additional sampling be necessary
following the survey AMEC will provide costs to the City of Richmond for this
activity.
• For this proposal AMEC has included costs for a Payment & Performance bond
between AMEC's subcontractor (Alliance Service Group, LLC) and AMEC but has
not included costs for a bond between AMEC and the City of Richmond. Should
such a bond be required/warranted AMEC will notify the City of Richmond regarding
the additional cost.
There appears to be painted cinder blocks in the debris piles. AMEC proposes to
collect samples from the painted cinder blocks for the analysis of lead based paint.
AMEC has provided the costs for up to 10 samples for lead analysis. Should
additional testing be warranted AMEC will notify the City of Richmond regarding the
additional cost.
Additionally, there is a large quantity of pallets (plastic) stockpiled at the property.
AMEC, understands that the abutting owner responsible for the allets will
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be removing them from the former Dana facility property, thus AMEC has not
included costs for the transport, removal or disposal of these pallets. Should the
City of Richmond request these to be moved or disposed of AMEC can provide
costs for this activity.
The estimated cost to complete this task is $20,367. The following proposed costs assume
the demolition materials do not contain asbestos or lead based paint. If the testing
conducted during project preparation indicates one or both of these materials AMEC will
EXHIBITA1^
Mr. Tony Foster
January 16, 2013
Page 3
communicate how these materials will affect the cost of disposal and AMEC will provide the
City of Richmond with revised costs at that time. Additionally, the proposed costs includes
AMEC's best estimate to quantities, should the quantities for removal be greater than
estimated AMEC will communicate these findings to the City of Richmond and provide a
revised cost at such time.
TASK 2 — HASP REVISION
The previous prepared site -specific health and safety plan (HASP) will be revised to include
the hazards associated with the demolition and debris clean-up scope of work. A draft of
the HASP in electronic format will be submitted to the City of Richmond and IDEM, as
applicable, for review and comment. Following review and receipt of comments, edits will
be made, and the final published in electronic format. The estimated cost to complete this
task is $1,193.
TASK 3 — WATER MANAGEMENT
As observed during the site walk, several open sub -grade features (basements, vaults, pits,
etc.) presently contain water and potential other unknown residuals. The collected water in
these features is believed predominantly the result of precipitation events, but some non -
aqueous phase liquid (NAPL) residuals were observed in one location. Water from these sub -
grade features will therefore be segregated and managed as NAPL and non-NAPL impacted.
The non-NAPL impacted water/liquids will be co -mingled in a common storage tank for
sampling, potential treatment, and surface discharge or disposal. The NAPL impacted liquid
(i.e., furnace pit location) will be segregated and managed separately from the other locations.
The non-NAPL impacted liquids will be pumped into a 21,000 gallon bulk storage tank and
characterized for disposal assessment. Disposal is anticipated into the Richmond Sanitary
District Publicly Owned Treatment Works (POTW) through a manhole at the property. If
analytical results are below IDEM Remedial Closure Guide (RCG) tap water levels, discharge to
the ground surface was indicated as a disposal scenario; following IDEM approval. AMEC has
communicated with the Richmond Sanitary District regarding disposal requirements which
includes analysis of: pH, Oil and Grease, Total Phenol, Total CN-, As, Cd, Cr, Cu, Pb, Hg, Mo,
Ni, Se, Zn, Cr, Method 624 VOCs, Method 625 PNAs, EPA 608 Pest, and PCBs.
The NAPL impacted liquids will be pumped through an oil -absorbing bag filter for NAPL and
particulate removal, through a 55-gallon drum of activated carbon for organic chemical removal,
and into the 21,000 gallon bulk storage tank. Once the liquids have been transferred to the tank
the contents will be sampled and characterized for disposal determination. Sampling will be for
the parameters outlined by the Richmond POTW and identical for the non-NAPL liquids.
Pumping operations, as necessary, will be completed using a two-inch trash pump or three-inch
diaphragm pump. Removal and management of the non-NAPL liquid areas is anticipated to
occur prior to management of the NAPL impacted liquids. One bulk storage tank, provided by
E-Tank, will be utilized for the project, and the NAPL impacted liquids will be addressed
following discharge or disposal of the non-NAPL impacted liquids. AMEC has utilized this
treatment process successfully for several projects with the Richmond POTW.
EXHIBIT PAGE OF
Mr. Tony Foster
January 16, 2013
Page 4
The Sanitary District has indicated disposal fees via an onsite manhole are $50 for the first
39,000 gallons discharged each month plus $2.70/1000 gallons in excess of 39,000 gallons.
Additionally, there is no fee for the permit application review or permit approval at the time this
proposal was generated. A manhole connected to the sanitary sewer is believed located on the
southeast side of the property in the paved area.
This proposal does not include off -site disposal, management of hazardous liquids, or water
management during winter conditions. It is assumed that all necessary characterization
analytical for disposal approval will be submitted to Pace Analytical in Indianapolis and invoiced
to AMEC. This proposal assumes that one sample will be collected from each of the
segregated streams (2 total samples for the POTW analytical parameters). The estimated cost
for this task with up to 40 calendar days of tank rental is $5,635.
TASK 4 — DEMOLITION AND SEGREGATION
The approach to demolition and debris management will be completed using a combination of
five (5) pieces of heavy equipment operating as three (3) crews. Two (2) of the crews will be an
excavator (38,000 lb class) and skid loader w/grapple combination, and the third crew will be a
single excavator (45,000 lb class) equipped with a hydraulic hammer. A single laborer will
assist as needed between the crews. One excavator/skid loader crew will focus on demolition
of existing structures, and the other crew will focus on waste processing and segregation. The
waste processing crew will also utilize a skid loader pneumatic hammer attachment for use as
needed to down -size debris. The excavator mounted hydraulic hammer will assist the
demolition crew and focus on larger structures and debris requiring demolition and down -sizing.
AMEC personnel on -site will include a Field Manager whom will oversee daily contactor
operations, coordinate suppliers, oversee health and safety, and perform periodic dust
monitoring. AMEC's Project Manager will manage daily operations through regular
communication with the Field Manager, period visits to the site, and overall project coordination,
contacting and invoicing. The proposal assumes that a 10-hour work day by AMEC and the
demolition contractor.
In general all structures above grade will be demolished to grade or the slab elevation of the
former plant. Sub -grade depressions will be filled with available on -site clean soil or processed
debris. Imported material will be utilized if necessary to return any depressions to grade. The
cost to perforate pit bottoms has not been included in this proposal. Should this activity be
requested AMEC will notify the City of Richmond regarding the additional cost. The limits of the
plant slab (outer 10 to 15 feet) along the southeast edge will be partially demolished to create a
transition slope to the lower paved surface.
An estimated 5,700 cubic yards (CY) of debris will require processing and disposal during
project execution. This estimate is comprised of 3,990 CY (6,000 tons) of block and concrete
and 1,710 CY (855 ton) of other debris. It is estimated that twenty-five (25) work days of the
dual crews and laborer will be required to complete the project. The excavator mounted
hammer is estimated to be required for a period of ten (10) work days.
Project debris will be segregated and down -sized to less than twelve (12) inches, as practicable
to minimize disposal fees. An estimated 6,000 tons (concrete and block) will be classified as
EXHIBIT PAGE
Mr. Tony Foster
January 16, 2013
Page 5
"Clean & Processed (<12-inches)" for acceptance at the reduced disposal rate ($5/ton) at the
New Paris Pike Landfill. The remaining debris for disposal, estimated at 855 tons, is that 30%
(257 tons) can be classified as "Processed C/D Waste less than 12-inches" (rate of $5/ton), and
that 70% (600 tons) will be classified as "Unprocessed C/D material greater than 12-inches",
(rate of $29/ton). Processing of the project debris for the indicated quantities is estimated to
incur $49,000 in disposal fees which are assumed to direct -bill to the City of Richmond.
The demolition contractor proposed for the project is Alliance Service Group, LLC (Alliance) of
Grove City, Ohio. Hauling services will be provided by R. Knox Trucking (Knox) of Richmond,
Indiana, using conventional tri-axle dump trucks. Debris from the site is anticipated for disposal
at the New Paris Pike Landfill in Richmond, Indiana. Recycling of metal products (steel and
aluminum) will be through The Recycling Center of Richmond, Indiana. Impact Services
(Impact) of Covington, Kentucky, with support from Alliance will manage and dispose of the
asbestos containing materials (i.e., roof materials in pole building) [ACM] and generated drums
of petroleum liquid and sludge. Impact and Knox will be contracted by Alliance.
Mobilization and Demobilization
Site preparation activities include setup of project infrastructure which will included a temporary
field office near the site entrance, sanitary facilities and communication. Due to the anticipated
short project duration (6 weeks) a generator will be used to power the field trailer. The field
office will be a 40-ft container split into storage and office area. A portable toilet serviced weekly
will be utilized for project personnel. Cellular telephones will be used for communications. Prior
to any intrusive Site activities, AMEC will contact the Indiana Underground Plant Protection
Services (IUPPS) one -call number and provide the schedule and locations of Site activities. A
joint -utility locate meeting will be requested of the member utilities at the Site. Non-member
utilities (e.g., Richmond Sanitary District) will also be contacted for locating assistance.
Proposal costs do not include a private utility locating firm.
For Site security the existing perimeter chain link fence will be utilized to prevent unauthorized
access to the site. Temporary construction fence (6 ft high chain -link fence) will be utilized in
front of the office building to provide site security following demolition; an estimated 400 feet is
required. Any open or below grade pits will be wrapped in temporary construction fence, or
caution tape at the end of each work day.
Ambient dust generated during construction activities will be monitored and controlled, as
needed, by application of sprayed water to on -site, paved or un-paved, surfaces used by truck
and equipment traffic. It is assumed water can be obtained from a hydrant near the site, or from
a City source for filling of a tank for site usage. A skid loader and good 'house -keeping'
practices will be used to manage any soil/mud tracking during loading operations. Ambient dust
levels will be monitored by an AMEC professional using a hand-held Aerosol Monitor (i.e., TSI
SidePak AM510). Monitoring will be conducted periodically during the work day when dust
generating activities are occurring. The National Ambient Air Quality Standard (NAAQS) for
particulate pollution for PM10 of150 ug/m3 will be utilized for the project. The PM10 standard is
a 24-hour average that will be used to guide dust control measures.
Following completion of demolition, debris disposal, backfilling of depressions to grade,
management of generated liquids, disposal of generated wastes, and site restoration of affected
EXHIBIT PAGE _I_p OF
Mr. Tony Foster
January 16, 2013
Page 6
areas, demobilization will be completed. Equipment and supplies utilized for the project will be
returned to vendors and/or demobilized. The cost for the mobilization and demobilization task is
estimated at $14,937.
Office Area Demolition
This portion of the facility for demolition will be conducted by one of the excavator and skid
loader crews. An excavator equipped with a pneumatic hammer will be utilized as needed to
break up larger areas of block and concrete. It is estimated the office area will require 4 days
for demolition, segregation, and loading. It has been assumed that no ACM wastes are present
in this location. The cost estimate for this area of the former facility is $34,348.
Plant Building Demo
This portion of the facility for demolition is northeast of the office area. It includes sub -grade
features containing water, concrete walls, and some limited slab demolition. Liquids will be
removed and managed as described in Task 3. Demolition will be completed by the combined
efforts of the excavator/skid-loader crew and the hydraulic hammer. All features above grade
will be demolished to the elevation of the slab. The outer limits of the slab (outer 10 to 15 feet)
will be demolished to transition the slab elevation to the paved surface elevation. Sub -grade
depressions will be backfilled using clean and processed concrete debris, available on -site
clean soil or imported materials, if needed. The proposal includes 100-tons of '/2 Structural
Backfill procured from US Aggregate of Richmond. To prevent potential erosion of soil along
the former slab transition slope, erosion control mat (Jute mat or similar) and seed will be placed
along the anticipated fifteen feet wide by 600 ft plant edge. It is estimated at least 4 days will be
required for demolition and processing of debris from this area of the site. This portion of the
plant is estimated at over 175,000 square feet (SF). The cost estimate for this area of the
facility is $51,386.
Pole Building Clean -out and Demolition
The pole building is located at the northern end of the property and is a structure of
approximately 6,400 SF. The building has a wooden frame, tin walls, and an aluminum roof
panel. Prior to demolition the contents of the pole barn (i.e., ACM roof panels and used
petroleum liquids) will be managed according to state and federal regulations. Alliance will
consolidate the ACM and the waste liquids and coordinate off -site disposal. Demolition will be
completed by the combined efforts of the excavator/skid-loader crew. Generated aluminum will
be segregated for recycling and scrap value. Waste petroleum products (assumed to be non-
hazardous) in this location will be transferred into 55-gallon DOT -approved drums for off -site
disposal or recycling. Waste petroleum liquids and sludge will be hauled to Valicor
Environmental Services (formerly United Waste Water Services) in Franklin, Ohio, for disposal.
The proposal has assumed that generator knowledge will be sufficient for disposal acceptance,
and signing of manifests will be by the City or IDEM, or delegated to AMEC as `agent'. It is
estimated up to 4 days will be required for demolition and processing of debris from this area.
The cost estimate for this area of the former facility is $30,088.
AST Decontamination and Decommissioning
The former above ground storage tank (AST) located at the southeast side of the facility will be
decommissioned, decontaminated, and dismantled. The contents will be transferred to 55-
gallon drums and disposed off -site. Generated petroleum liquids and sludge will be handled as
EXHIBIT PAG'O1
Mr. Tony Foster
January 16, 2013
Page 7
described for the pole -barn activities. Once the contents are removed the AST will be
decontaminated, as necessary for disposal, and then dismantled. The scrap steel will be
segregated for recycling and scrap value. Activities in this area will also include demolition of
the concrete curb around the dike/decon area, demo of curb near the edge of asphalt
pavement, and demolition of the light pole pads, all located in this portion of the site. The
estimated duration of the demo and debris management is this area of the Site is 4 days. The
cost estimate for this area of the former facility is $31,321.
Waste & Debris Segreciate
As summarized above, one of the crews will focus on segregation and down -sizing of demolition
debris and compliance with the requirements for reduced disposal fees. The machine
combination of excavator and skid loader will sort the debris into clean debris (concrete, brick,
and block) and other general C/D waste. The segregated wastes will be stockpiled and down -
sized to less than 12-inches to the extent feasible. The skid loader will include a grapple and
demo attachments for handling of materials and down -sizing. This crew will also complete
loading of sorted materials on a periodic basis. The cost for this task is estimated at $47,182.
Asbestos Material Management
During inspection of the rear pole building, pallets of roofing panels were found located within
the building. Visual inspection of the material has indicated these are asbestos containing, and
therefore will need to be managed and disposed according to ACM regulations. Impact
Services with support from Alliance will manage the ACM roofing materials and load them into
an estimated six (6) plastic -lined roll -offs for off -site disposal. Alliance personnel handling of
these materials will be trained in asbestos awareness. The roll -offs and hauling services will be
provided by Republic Services. The asbestos containing materials will be disposed at Hayes
Landfill located in New Castle, Indiana. As described previously, it is assumed that the City,
IDEM or AMEC as Agent will sign any disposal documentation. The cost for management and
disposal of the asbestos containing materials is estimated at $24,240.
Debris Transport for Disposal
The debris from the site will be segregated and disposed at the New Paris Pike Landfill in
Richmond. An estimated 6,855 tons of material will require off -site disposal with 6,257 tons
estimated for disposal at the discounted rate of $5/ton. An estimated 600 tons will not be able
to be processed and will require disposal as standard C/D waste. As feasible, debris from the
site will be segregated and down -sized to less than twelve -inches for disposal at the reduced
rates. Segregated materials following down -sizing will be stockpiled for loading into tri-axle
dump trucks. The hauling contractor will be R. Knox Trucking of Richmond. The haul rate from
Knox is estimated at $85 per hour and an estimated 411 hours of hauling services will be
required for disposal of project debris. AMEC personnel and/or personnel of the demolition
contractor (Alliance) will manage truck movement, and traffic patterns. All trucks will be
inspected prior to leaving the Site and any waste residuals spilled on the truck -body during
loading will be removed using gross methods (e.g. brushing) prior to exiting the fenced site
limits. As described previously, it is assumed that the City, IDEM or AMEC as Agent will sign
any disposal documentation. The estimated cost of debris transport for disposal is $40,205.
This cost does not include disposal; which is assumed to direct bill to the City.
EXHIBIT PA bE
Mr. Tony Foster
January 16, 2013
Page 8
Metal Salvage
Metal generated during demolition and debris cleanup will be segregated and placed into roll -
offs provided by The Recycling Center of Richmond, Indiana. AMEC was verbally quoted
salvage values of $240/gross ton for sheet iron and $0.58/lb for sheet aluminum. Actual pricing
may be less for lower quality products. AMEC estimates the project will generate 20 tons of
steel and 4000 lbs of aluminum, and require 3 roll -offs (drop price of $85/each). These costs
exclude AMEC's mark-up. The salvage value for the above quantities are estimated to result in
a project credit of $-3,863.
Payment and Performance Bond
As a means of protection to the project parties, AMEC has included in the project costs a
request for a payment and performance bond for the scope of work to be completed by Alliance.
The performance bond is a cost of $7,144.
TASK 6 — REPORTING
Following completion of the field activities and demobilization from the Site, AMEC will
prepare a draft Removal Action Summary Report in electronic format for review by the City
of Richmond and IDEM, as applicable. The report will include summary tables and figures
of materials disposed, quantities, and any field measured data. A narrative summary of the
completed Site activities will be included in the report. These other activities will include
management of liquids, petroleum, ACM, and scrap materials. Appendices of the report
will include daily activity summaries, a photo log, waste manifests, weight tickets, analytical
results, and any POTW issued reports. Following review and comment of the draft report,
edits as necessary will be completed, and the final report issued to the City of Richmond
and IDEM (costs assumed 1 hard copy and an electronic version on CD). The estimated
cost to complete this task is $6,454.
TASK 6 — PROJECT MANAGEMENT
This task involves routine communications with the City of Richmond, and IDEM as
applicable, coordination of field and reporting activities, subcontractor management, and
preparation of client invoices. The task also includes setup of all contracts with
subcontractors and procurement of project equipment and supplies. It is anticipated
communications with IDEM and the City will be necessary prior to, during, and following the
proposed scope of work. The estimated cost to complete this task is $5,554.
SCHEDULE
The field phase of the project conducting the demolition and debris clean-up activities is
estimated at approximately 6 weeks. A tentative project schedule with a contract award
date of November 25 is provided as Figure 1 (attached). It is estimated that approximately
two weeks will be required to schedule and contract project contractors and suppliers. The
summary report is estimated to be completed over a period of two months, with the draft
provided approximately 1 month following completion of field activities.
EXHIBIT 1 PAGE OFF
Mr. Tony Foster
January 16, 2013
Page 9
ESTIMATED BUDGET
The work will be completed on a time and materials basis as indicated in Tables 1 and 2
(attached) for a requested funding amount of $316,189 for AMEC's labor and expenses.
This includes costs for equipment, consumables, travel, and subcontractor fees. The
quotation from Alliance Service Group is included in Attachment A. Laboratory analytical
costs will be billed to AMEC and are included in the requested amount. Disposal costs for
the ACM, petroleum, and wastewater to the POTW are included. Disposal costs for the
debris material into the New Paris Pike landfill are assumed to direct -bill to the City of
Richmond.
If this proposal is acceptable we ask that you please sign and return the attached
Authorization to Proceed. The proposed scope of work will be initiated immediately
following authorization to proceed and contract issue and acceptance. The work is
presumed to be conducted in accordance with the Terms and Conditions of the existing
Contract (Agreement) negotiated with the City (Attachment A) and AMEC's 2013 Rate
Schedule (Attachment B). The work will be invoiced on a monthly basis for City of
Richmond review and approval.
Please contact Doug Lane at 502-267-0700 or Mark Jolink at 317-713-1700 if you have any
questions regarding this proposal. We appreciate the opportunity to assist the City of
Richmond with the former Dana facility.
Respectfully submitted,
AMEC Environment & Infrastructure, Inc.
Douglas L. Lane, PG
Senior Project Manager
Robert D. Money, LPG
Environmental Branch Manager
IEXHIBIT�' PAGE OF
Mr. Tony Foster
January 16, 2014
Page 10
AUTHORIZATION
rwi I A M�' %
The undersigned authorizes AMEC Environment & Infrastructure, Inc. to perform work as
described in the proposal dated January 16, 2014. Our services will be completed on a time
and materials basis for the amount listed below.
Scope of Work and Cost Estimate for Demo & Debris Removal..........................$316,189
In the event that unforeseen conditions are encountered, you will be contacted immediately.
Work on this project will be performed in accordance with the existing Contract with the City of
Richmond. Please have the party responsible for payment review this document and sign in the
space provided below.
PROJECT: Scope of Work and Cost Estimate — Demo & Debris Removal
Former Dana Facility
2153 Williamsburg Pike
Richmond, Indiana
Client Information: Mr. Tony Foster
Department of Metropolitan Development
City of Richmond
50 North 5th Street
Richmond, IN 47374
Please Print Name or Entity
Responsible for Payment:
Client Contact:
Authorized Signature:
Print Name:
Title:
Date:
Telephone:
Please return signed authorization form to
AMEC Environment & Infrastructure, Inc
201 South Capitol Ave., Suite 200
Indianapolis, IN 46225 USA
Tel (317) 713-1700
Fax (317) 713-1710
City of Richmond
Mr. Tony Foster
Mr. Mark P. Jolink
AMEC Environment & Infrastructure, Inc.
201 South Capitol Avenue, Suite 200
Indianapolis, IN 46225
Phone: (317) 713-1700
Fax: (317) 713-1710
www.amec.com
EXHIBIT _ [SASEOLQ
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EXHIBIT PAGE OFF
FIGURES
EXHIBIT PAGE �OF
ATTACHMENT A
SUBCONTRACTOR QUOTATIONS
,EXHIBIT PAGEE ` 0"
Attachment A
Alliance Service Group, LLC
Project Site: Former Dana Facility
Address: 2153 Williamsburg Pike, Richmond, Indiana
Estimated Volume of Debris: 5,700 Cubic Yards (3,990 block/concrete, 1,710 other debris)
(3990 CY is est to be 6000 Tons, and 1710 CY est to be 855 tons)
Item
Unit
Cost/Unit
Est. Quantity
Est. Total Cost
Mob/Demob
Each
$ 1,750.00
2
$ 3,500.00
Temporary Construction Fence
LF
$ 8.50
400
$ 3,400.00
Excavator w/hammer
Day
$ 1,740.00
10
$ 17,400.00
Excavator #1
Day
$ 1,300.00
25
$ 32,500.00
Excavator #2
Day
$ 1,300.00
25
$ 32,S00.00
Skid loader #1 w/Grapple
Day
$ 8S0.00
25
$ 21,250.00
Skid loader #2 w/Grapple
Day
$ 850.00
25
$ 21,250.00
Hammer for Skid Loader
Day
$ 150.00
25
$ 3,750.00
Laborer
Day
$ 400.00
25
$ 10,00&00
Per Diem
man -day
$ 100.00
135
$ 13,500.00
Generator w/Fuel
day
$ 50.00
25
$ 1,250.00
Pumps & hoses
N/C
$ -
Tank Cut & Clean Equipment
N/C
$ -
DOT DRUMS (55 Gal)
each
$ 35.00
6
$ 210.00
Transportation
HR
$ 85.00
411
$ 34,960.50
Disposal of Block/Concrete
CY
$ -
3990
Not included
Disposal of Other Demo Debris
Ton
855
Not included
$ -
Asbestos Disposal (Transite)
Roll -Off
6
$ 8,910.00
$ 1,485.00
Erosion Control Mat (Jute) 15x600 SF
SF
$ 0.13
9000
$ 1,200.00
Petroluem Liquid & Sludge Disposal
Drum
$ 150.00
10
$ 1,500.00
Estimatea totat 7 zui,usu.su
Payment and Performance Bond (Optional 3% of total) $ 6,212.42
Notes: Total $ 213,292.92
Machines include fuel and operator
Steel & Aluminum return as credit to project.
Crew Daily $ 5,350.00
(No hammer)
Scope: Alliance recommends completing the demolition project by separating the block/concrete from demo
debris to attain the reduced disposal rate at the New Paris Pike Landfill.
Debris that is not a hard debris (all other building materials) will be transported to New Paris Landfill and
disposed of as general demolition debris (unprocessed).
Alliance may be able to down size the building materials to 12" minus to minimize the disposal costs at New
Paris Landfill. This will be achieved by using the heavy equipment to track over and crush this material to
a point that it is less than 12" minus. Some building materials may not be able to be down sized.
EXHIBIT PAGE
ATTACHMENT B
EXISTING CONTRACT WITH CITY OF RICHMOND
EXHIBIT PAGE 1 OFF
AGREEMENT
TI IIS AGREEMENT made and entered into thisay of , 2013, and referred to
as Contract No. 52-2013, by and between the City of Richmond, Indiana, a municipal corporation
acting by and through its Board of Public Works and Safety (hereinafter referred to as the "City")
and AMEC Environment & Infrastructure, Inc., 201 South Capitol Avenue, Suite 200, Indianapolis,
Indiana, 46225 (hereinafter referred to as the "Contractor").
SECTION I. STATEMENT AND SUBJECT OF WORK
City hereby retains Contractor to provide services in connection with the former Dana facility located
at 2153 Williamsburg Pike in Richmond, Indiana (Project Location), which services include, but are
not limited to, completion of a work plan, monitoring well repairs, monitoring well redevelopment
and groundwater sampling, landfill cap and cover repair, reporting, and project management (the
Project) for the Project Location as set forth in Contractor's Proposal.
In accordance with an Agreed Order entered as Cause No. EH 10755, adopted November 1, 2001,
the Indiana Department of Environmental Management (IDEM) has provided the scope and
guidelines dated September 24, 2012, for the above -described Project, which scope is attached hereto
as Exhibit A, consists of twenty-five (25) pages, is incorporated by referenced and made a part of this
Agreement. Contractor agrees to abide by the same.
Contractor's Proposal, which has also been approved by IDEM, is dated February 19, 2013, consists
of twelve (12) pages, and is attached hereto as Exhibit B, which Proposal is incorporated by
reference and made a part of this Agreement. Contractor agrees to abide by the same.
IDEM'S SCOPE (Exhibit A) shall be controlling over this Agreement. Should any provisions, terms,
or conditions contained in any of the other documents attached hereto as Exhibits, or in any of the
other documents incorporated by reference herein, conflict with any of the provisions, terms, or
conditions of this Agreement, then this Agreement shall be controlling.
Contractor shall furnish all labor, material, equipment, and services necessary for the proper
completion of all work specified.
No performance of services shall commence until the following has been met:
1. The City is in receipt of any required certificates of insurance;
2. The City is in receipt of any required affidavit signed by Contractor in
accordance with Indiana Code 22-5-1.7-11(a)(2); and
3. A purchase order has been issued by the Purchasing Department.
SECTION II. STATUS OF CONTRACTOR
Contractor shall be deemed to be an independent contractor and is not an employee or agent of the
City of Richmond. The Contractor shall provide, at its own expense, competent supervision of the
work.
Contract No. 52-2013
Page 1 of 6
EXHIBIT PAGE "0
SECTION III. COMPENSATION
City shall pay Contractor an amount not to exceed Sixty-two Thousand Five Hundred Ninety-six
Dollars and Zero Cents ($62,596.00) for complete and 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 not be limited to the following:
a. failure, for any reason of the Contractor to fulfill in a timely manner
its obligations under this Agreement;
b. submission of a report, other work product, or advice, whether oral or written, by the
Contractor to the City that is incorrect, incomplete, or does not meet reasonable
professional standards in any material respect;
c. ineffective 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 made; 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 date this Agreement is terminated, but shall be relieved of any other responsibility herein.
This Agreement may also be terminated by either the City or the Contractor, in whole or in part, by
mutual Agreement setting forth the reasons for such termination, the effective date, and in the case of
partial termination, the portion to be terminated.
SECTION V. INDEMNIFICATION AND INSURANCE
Contractor agrees to obtain insurance and to indemnify the City for any damage or injury to person or
property or any other claims which may arise from the Contractor's conduct or performance of this
Agreement, either intentionally or negligently; provided, however, 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 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.
Page 2 of 6
EXHIBIT PAGE Z�_OF7�4
Coverage
A. Worker's Compensation &
Disability Requirements
B. Employer's Liability
C
III
Comprehensive General Liability
Section 1. Bodily Injury
Section 2. Property Damage
Comprehensive Auto Liability
Section 1. Bodily Injury
Section 2. Property Damage
Limits
Statutory
$100,000
$1,000,000 each occurrence
$2,000,000 aggregate
$1,000,000 each occurrence
$1,000,000 each person
$1,000,000 each occurrence
$1,000,000 each occurrence
E. Comprehensive Umbrella Liability $1,000,000 each occurrence
$1,000,000 each aggregate
SECTION VI. COMPLIANCE WITH WORKER'S COMPENSATION LAW
Contractor shall comply with all provisions of the Indiana Worker's Compensation law, and shall,
before commencing work under this Agreement, provide the City a certificate of insurance, or a
certificate from the industrial board showing that the Contractor has complied with Indiana Code
Sections 22-3-2-5, 22-3-5-1 and 22-3-5-2. If Contractor is an out of state employer and therefore
subject to another state's worker's compensation law, 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 the Indiana Worker's Compensation Law.
SECTION VII. PROHIBITION AGAINST DISCRIMINATION
A. Pursuant to Indiana Code 22-9-1-10, Contractor, any sub -contractor, or any person acting on
behalf of Contractor or any sub -contractor small 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, sex, disability, national
origin, or ancestry.
B. Pursuant to Indiana Code 5-16-6-1, the Contractor agrees:
I. That in the hiring of employees for the performance of work under this Agreement of
any subcontract hereunder, Contractor, any subcontractor, or any person acting on
behalf of?Contractor or any sub -contractor, shall not discriminate by reason of race,
Page 3 of 6
EXHIBIT PAGE�OF,24
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 action on behalf of Contractor or
any sub -contractor shall in no manner discriminate against or intimidate 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 amount 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 and all money 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 terns or conditions of this Agreement relating to discrimination or
intimidation shall be considered a material breach of this Agreement.
SECTION VIII. COMPLIANCE WITH INDIANA E-VERIFY PROGRAM REQUIREMENTS
Pursuant to Indiana Code 22-5-1.7, Contractor is required to enroll in and verify the work 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
22-5-1.7-1 1 (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 within the thirty (30) day period provided
above, the City shall consider the Contractor to be in breach of this Agreement and this Agreement
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-I3 (c) the Contractor will remain liable to the City for actual damages.
SECTION IX. IRAN INVESTMENT ACTIVITIES
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 writing 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 given 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
Page 4 of 6
EXHIBIT PAG�� p�
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.
SECTION X. RELEASE OF LIABILITY
Contractor hereby agrees to release and hold harmless the City and all officers, employees, or agents
of the same from all liability 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 neither party may assign or delegate any of its
rights or obligations hereunder without the prior written consent of the other party. Any such
delegation or assignment, without the prior written consent of the other party, shall be null and void.
This Agreement shall be controlled by and interpreted according to Indiana law and shall be binding
upon the parties, their successors and assigns. This document 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. By
executing this Agreement the parties agree that this document supersedes any previous discussion,
negotiation, or conversation relating to the subject matter contained herein.
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 any suit arising
out of this Contract must be filed in said courts. The parties specifically agree that no arbitration or
mediation shall be required prior to the commencement of legal proceedings in said Courts. By
executing this Agreement, Contractor is estopped from bringing suit or any other action in any
alternative forum, venue, or in front of any other tribunal, court, or administrative body other than the
Circuit or Superior Courts of Wayne County, Indiana, regardless of any right Contractor may have to
bring such suit in front of other tribunals or in other venues.
Any person executing this Contract in a representative capacity hereby warrants that he/she has been
duly authorized by his or her principal to execute this Contract.
In the event of any breach of this Agreement by Contractor, and in addition to any other damages or
remedies, Contractor shall be liable for all costs incurred by City in its efforts to enforce this
Agreement, including but not limited to, City's reasonable attorney's fees.
In the event that an ambiguity, 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.
(Signature page to follow.)
Page 5 of 6
EXHIBIT PAGE :OFF
IN WITNESS WHEREOF, the parties have executed this Agreement at Richmond, Indiana, as of the
day and year first written above, although signatures may be affixed on different dates.
"CITY"
THE CITY OF RICHMOND,
INDIANA by and through its
Board of Public Works and Safety
By:
Vicki Robinson, President
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Dian Lawson, Member
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Date:
APPROVED:
Sarah L. Hutton, Mayor
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Date:
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"CONTRACTOR"
AMEC ENVIRONMENT &
INFRASTRUCTURE, INC.
201 South Capitol Avenue, Suite 200
Indianapolis, IN 46225
By: —!
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Title: !—:�ZN ) a& c ► JC716
Date: j
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Page 6 of 6
EXHIBIT PAGEa�_OFaLj
ATTACHMENT C
2013 STARNDARD RATE SCHEDULE
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EXHIBIT pgGEC- (ZOF
ameO
AMEC ENVIRONMENT & INFRASTRUCTURE, INC.
2013 RATE SCHEDULE
The hourly labor rates set forth below are valid from January 1, 2007 and are subject to annual revision thereafter. AMEC will provide CLIENT
thirty days advance written notice of any such revisions.
PROFESSIONAL SERVICES
CLIENT agrees to reimburse AMEC for all hours worked by professionals at the following classifications and associated hourly labor rates. For expert
witness testimony and related services in connection with litigation, CLIENT agrees to reimburse AMEC for all hours worked by professionals at the
following classifications, but at one and one half times the associated hourly labor rates.
CLASSIFICATION RATEIHOUR CLASSIFICATION
RATE/HOUR
Professional Levels 1 $55.00 Professional Level 14
$120.00
Professional Levels 2 $60.00 Professional Level 15
$130.00
Professional Levels 3 $65.00 Professional Level 16
$140.00
Professional Level 4 $70.00 Professional Level 17
$145.00
Professional Level 5 $75.00 Professional Level 18
$155.00
Professional Level 6 $80.00 Professional Level 19
$165.00
Professional Level 7 $85.00 Professional Level 20
$170.00
Professional Level 8 $90.00 Professional Level 21
$180,00
Professional Level 9 $95.00 Professional Level 22
$190.00
Professional Level 10 $100.00 Professional Level 23
$200.00
Professional Level 11 $105.00 Professional Level 24
$210.00
Professional Level 12 $110.00 Professional Level 25
$220.00
Professional Level 13 $115.00 Professional Level 26
$240.00
TECHNICIAN SERVICES
CLIENT agrees to reimburse AMEC for all hours worked by technicians at the following classifications and associated hourly labor rates.
CLASSIFICATION RATE/HOUR OVERTIME CLASSIFICATION
RATEIHOUR OVERTIME
Technician Level 1 $30.00 $45.00 Technician Level 10
$55.00 $82.50
Technician Level 2 $32.50 $48.75 Technician Level 11
$60.00 $90.00
Technician Level 3 $35.00 $52.50 Technician Level 12
$65.00 $97.50
Technician Level 4 $37.50 $56.25 Technician Level 13
$70.00 $105.00
Technician Level 5 $40.00 $60.00 Technician Level 14
$75.00 $112.50
Technician Level 6 $42.50 $63.75 Technician Level 15
$80.00 $120.00
Technician Level 7 $45.00 $67.50 Technician Level 16
$85.00 $127.50
Technician Level 8 $47.50 $71.25 Technician Level 17
$90.00 $135.00
Technician Level 9 $50.00 $75.00 Technician Level 18
$95.00 $142.50
ADMINISTRATIVE SERVICES
CLIENT agrees to reimburse AMEC for all hours worked by administrative staff at the following classifications and associated hourly labor rates.
CLASSIFICATION RATE/HOUR OVERTIME CLASSIFICATION
RATE/HOUR OVERTIME
Administrative Level 1 $35.00 $52.50 Administrative Level 6
$60.00 $90.00
Administrative Level 2 $40.00 $60.00 Administrative Level 7
$65.00 $97.50
Administrative Level 3 $45.00 $67.50 Administrative Level 8
$70.00 $105.00
Administrative Level 4 $50.00 $75.00 Administrative Level 9
$75.00 $112.50
Administrative Level 5 $55.00 $82.50 Administrative Level 10
$80.00 $120.00
MISCELLANEOUS EXPENSES - 6% of Labor Charges
CLIENT agrees to reimburse AMEC for miscellaneous expenses incurred, such as consumable supplies, telephone & facsimile charges, photo
processing, and small tools, etc., not otherwise invoiced as other direct expenses, at the rate of 6% of labor charges.
OTHER DIRECT EXPENSES
CLIENT agrees to reimburse AMEC for all other direct expenses incurred at the following rates, except as otherwise specified by AMEC in its proposal:
Travel Expenses: Transportation (mileage, air travel, car rental, etc.), lodging, meals, & incidental expenses
Cost plus 15%
Subcontract Expenses: Supplies or services furnished to AMEC in support of project activities by any supplier or firm,
Cost plus 15%
except temporary agency or consultant staff charged at above hourly rates
Direct Expenses: Other expenses in support of project activities
Cost Plus 15%