HomeMy Public PortalAbout102-2014 - Metro - Weaver Boos Consultant - Preparation for SRS funds - Carpenter BuildingPROFESSIONAL SERVICES AGREEMENT
THIS AGREEMENT made and entered into this day of , 2014, and referred to
as Contract No. 102-2014, 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 Weaver Boos Consultants, LLC, 7121 Grape Road, Granger, Indiana, 46530 (hereinafter referred
to as the "Contractor").
SECTION I. STATEMENT AND SUBJECT OF WORK
City hereby retains Contractor to provide professional project management services in connection
with the remediation work plan implementation for the former Carpenter Manufacturing Site ("Site")
in preparation for state revolving fund ("SRF") funded remediation. Said services include, but are
not limited to, assisting the City of Richmond Department of Metropolitan Development with the
contractor bidding process, evaluation of bids, construction coordination and observations, testing,
environmental monitoring, and reporting for the former Site, as more fully described on Contractor's
proposal. Activities conducted by Contractor shall comply with all applicable federal and state
Brownfield Guidelines as well as any US EPA and IFA requirements, if applicable.
Contractor's proposal, consisting of twenty-two (22) pages, dated August 19, 2014, is attached hereto
as Exhibit A, which Exhibit is incorporated by reference and made a part of this Agreement.
Contractor and City agree to abide by the same.
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.
Contractor shall perform all work herein in a timely manner, conforming to all applicable
professional standards.
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;
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.102-2014
Page 1 of 6
SECTION U. 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
City shall pay Contractor a sum estimated not to exceed One Hundred Forty Thousand Seventeen
Dollars and Zero Cents ($140,017.00) for the complete and satisfactory performance of all work
described on "Exhibit A".
SECTION IV. TERM OF AGREEMENT
This Agreement shall be 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 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.
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,
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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
E. Comprehensive Umbrella Liability
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
$1,000,000 each occurrence
$2,000,000 aggregate
F. Malpractice/Errors & Omissions Insurance $1,000,000 per claim
$2,000,000 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. 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.
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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 VIII. 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:
1. 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 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;
Page 4 of 6
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 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 AND LMIATIONS OF LIABILITY
Contractor hereby agrees to release and hold harmless the City and all officers, employees, or agents
of the same from all liability for damages, loss, or claims caused by the negligence of Contractor
which may arise in the course of Contractor's performance of its obligations pursuant to this
Agreement. The City agrees to limit Contractor's total liability under this Professional Services
Agreement, to Contractor's insurance as set forth in Section V and Section X of this Professional
Services Agreement. Contractor agrees to, and shall, keep and maintain its insurance at the levels
Contractor submitted on its current Certificate of Insurance that was filed with its Proposal, which
Certificate is attached hereto as Exhibit B, and said level will remain in place for the duration of the
Project and this Professional Services Agreement. Contractor shall submit to City, on the date of the
signing of this Professional Services Agreement and annually thereafter, proof of insurance coverage.
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.
Page 5 of 6
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.
«Clrfy„
THE CITY OF RICHMOND,
INDIANA by and through its
Board of Public Works and Safety
By: ql�k
Vicki Robinson, President
By: i
Richard Foore. Member
LM
APPROVED:
Sarah L. Hutton, Mayor
Date:
"CONTRACTOR"
WEAVER BOOS CONSULTANTS, LLC
7121 Grape Road
Granger, IN 46530
By: 14, .
Steven M. StantLPG, M ager
Date: 5 !`►!� 3G_ Z a ► T
Page 6of6
EXHIBIT -.. PAGE OFZZ
�EAYER
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City of Richmond, Department of Metropolitan Develpment
c/o Tony Foster, Executive Director
50 North 5* Street
Richmond, IN 47374
Re: Remediation Proiect Management Proposal
Supporting Remediation Work Plan Implementation
Former Carpenter Manufacturing Site
1340 Rose City Blvd and Vicinity
Richmond, Wayne County, Indiana 47374
Dear Mr. Foster:
August 19, 2014
Proposal LLCP-004-00-14
Weaver Boos Consultants, LLC (Weaver Boos) appreciates the opportunity to provide this
Proposal for services intended to support the successful implementation of the above -referenced
project. This proposal describes our approach for providing services appropriate for assisting the
City of Richmond Department of Metropolitan Development (the City) with the contractor
bidding process, evaluation of bids, construction coordination and observations, testing,
environmental monitoring, and reporting for the former Carpenter Manufacturing Site (the Site).
BACKGROUND INFORMATION AND PURPOSE
This proposal is intended as a continuation of the services recently completed for the Indiana
Finance Authority (IFA) / Indiana Brownfields Program (the Program) as described in our Site
Investigation and Remediation Work Plan (SI/RWP) dated September 16, 2013. Groundwater
and subsurface soil beneath the office building located at 1340 Rose City Blvd was found to be
affected by elevated concentrations of petroleum hydrocarbons (benzene, toluene, ethylbenzene,
xylenes (BTEX), naphthalene and others). Over 3 feet of light non -aqueous phase liquid
appearing to be gasoline was found in groundwater monitoring well (WB-8). The impact of
these conditions has included the intrusion of BTEX and relaxed petroleum hydrocarbons into the
sanitary sewer system serving the Site and downstream area. The RWP identifies a remedy
intended to remove the petroleum hydrocarbon contamination to the extent practicable as a
means to mitigate potentially continuing intrusion to the sanitary sewer system.
Now that the RWP has been completed and accepted by the Program, several tasks remain to be
done in connection with the remediation. Based on our experience with similar public works
7121 Grape Road • Granger, Indiana 46530 • Phone: (574) 271-3447 • Fax: (574) 271-3343
www.weaverboos.com
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City of Richmond, Dept. of Metropolitan Development
August 19, 2014 .
Page 2 of 10
projects under Indiana Revolving Loan Fund (RLF) process, and further considering our
discussions with you, the IFA, and the Program during early 2013, Weaver Boos believes that
the tasks appropriate for this project will include the following:
1. Fulfillment of programmatic requirements and documents for the Program, EPA, and
RLF.
2. Develop Project Manual and Specifications.
3. Bidding process, including advertisement, pre -bidding, and bid evaluation.
4. Construction coordination, including kick-off meeting, review of contractor submittals,
and evaluation of conformance to specifications.
5. Construction, installation, and system commissioning observations.
6. Quarterly performance monitoring and remediation progress reporting for up to 3 years.
SCOPE OF SERVICES
Weaver Boos has subdivided our proposed services into several tasks to describe and estimate
their associated level of effort and cost. The following sections of our proposal outline and
describe the services we propose under each task.
Task 1 Fulfillment of Programmatic Requirements for Program. EPA. and RLF
The following specific programmatic requirements are anticipated by Weaver Boos before the
remediation work of a chosen contractor may begin:
1. Analysis of Brownfields Cleanup Alternatives (ABCA) — Weaver Boos will prepare,
submit, and finalize this document based on comments that might be received from the
IFA, EPA, or the Program.
2. IFA Brownfield Loan Agreement — Weaver Boos will review this agreement to be
prepared by the IFA, sign an appropriately prepared Consultant Supplement, and furnish
evidence of insurance as required.
3. Decision Memorandum — Weaver Boos will review the technical and factual aspects of a
Decision Memorandum to be prepared by the IFA or Program and provide our comments
for the IFA's or Program's consideration.
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Task 2 — Project Manual and Speci l" ations
Weaver Boos will prepare written specifications defining the project requirements and
remediation plan elements consistent with the RWP. Weaver Boos understands that the work
will be financed through the RLF and so the project specifications will be prepared consistent
with the American Recovery and Reinvestment Act of 2009, Public Law 111-5 and bidding
requirements of the RLF. Such requirements are expected to include the following:
DBE Packet
EPA Form 6100-2
EPA Form 6100-3
EPA Form 6100-4
OEE-1
OEE-2
Davis -Bacon Act
Suspension and Debarment
False Claims
Resource Conservation and Recovery Act
Copeland "Anti -Kickback" Act
Byrd Anti -Lobbying Amendment
Notice of Rights to Copyrights
The specifications will be formatted generally consistent with Construction Specifications
Institute (CSI) organizational system and are anticipated to include the Divisions and Sections
listed below. With regard for the equipment, means, and methods to be used to implement the
remediation, the specifications will be performance based rather than prescriptive. Instead of
specifying particular pump(s) or even the types of pump(s), for example, the specifications will
instead list the points at which extraction is needed and an acceptable range of flow rates,
drawdown, and vacuum. Instead of listing particular water treatment equipment, the level of
acceptable treatment will be specified (i.e., BTEX will be reduced to non -detectable
concentrations before discharge to the local sanitary sewer system).
DIVISION 00 — BIDDING REQUIREMENTS, FORMS, CONDITIONS
Notice to Bidders
Instructions to Bidders
RLF Requirements and Documents
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City of Richmond, Dept. of Metropolitan Development
August 19, 2014
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Bid Submittal Checklist
Bid Form (Including Schedule of Values)
Subcontractor's List
Contractor's Agreement Form
Modifications to Owner/Contactor Agreement
Notice to Proceed and Commencement of Work
Bonds and Certificates (EJCDC forms C-610 and C-615)
Escrow Agreement
General Conditions of the Contract (EJCDC C-700 will be specified unless
alternative general terms or conditions are provided by the City)
Wage Rates
General Requirements
DIVISION 01— GENERAL REQUIREMENTS
Summary
Coordination
Field Engineering
Allowances
Project Meetings
Contract Modification Procedures
Unit Prices
Payment
Construction Progress Documentation
Submittal Procedures
Quality Assurance/Quality Control
Temporary Facilities and Controls
Protection of Persons and Property
Contract Closeout and Project Record Documents
DIVISION 02 — SITE WORK
Remediation-Derived Waste
Environmental Requirements
Erosion and Sediment Control
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City of Richmond, Dept. of Metropolitan Development
August 19, 2014
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Excavation, Trenching, and Backfilling for Utilities Systems
Dual -Phase Free Product Recovery Wells
As -Built Survey
System Startup, Commissioning, and Performance Demonstration
Continuing System Operation
DIVISION 03 — CONCRETE
Concrete for Minor Structures
DIVISION 11— Equipment
Air, Vacuum, and Product Collection Equipment
DIVISION 13 — SPECIAL CONSTRUCTION
Above Ground System Enclosure
DIVISION 15 — MECHANICAL
Pipelines, Air, Liquid
DIVISION 16 — ELECTRICAL
Basic Materials and Methods
Interior Distribution System
Panel Boards
Task 3 — Cost Estimate, Advertising. Pre -Bidding, and Bid Evaluation
Weaver Boos will prepare an Engineer's estimate of the probable cost to implement the work in
conformance with the specifications. Weaver Boos will prepare an advertisement for publication
twice in local media and then host a pre -bid meeting with prospective contractors, which is
expected to include a visit to the Site. Weaver Boos will review the resulting bids for
completeness, responsiveness, and consistency with the Engineer's estimate, and tabulate the
results for consideration by the City.
Task 4 — Construction Coordination and Conformance with Specifications
Weaver Boos proposes to coordinate the Contractor's work as the Engineer -representative of
City. This task will include, among other things, regular frequent communications with the City
or its designated representative, the Contractor, the Site Owner, and the IDEM or Program's
Project Manager. Weaver Boos will review the Contractor's submittals required in the
Specifications. Technical submittals will be reviewed and stamped as follows depending upon
the information provided by the Contractors:
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August 19, 2014
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1. "Conforms" — Means that no deviations from the design concept are found.
2. "Conforms as Noted" — Means that deviations from the design concept, which have been
found, are noted, and the Contractor may proceed accordingly.
I "Resubmit" — Means that the submittal must be revised and resubmitted in response to
the Engineer's notations.
4. "Does Not Conform" — Means that the submittal does not conform to the design concept
or meet the requirements of the Contract Documents.
Weaver Boos proposes to coordinate regular periodic project meetings to track progress, plan
future work, and keep minutes of periodic project meetings for the project record. Weaver Boos
proposes to review the Contractor's pay requests for conformance with the commercial elements
of the contract and provide our evaluations to the City as they are required. Lastly, Weaver Boos
will provide the Engineering services customary to the final acceptance and close out of the
construction contract, including origination of a certificate of substantial completion.
Task S — Construction, Installation, and Commissioning Observations
Weaver Boos will regularly and frequently observe and document the Contractor's construction
activities while Work is being performed at the Site. For estimating purposes we assume that
system construction, installation, and commissioning will require not more than six weeks of
active work at the Site. Observation of Contractor's activities will include visual observation of
the Work to assess conformance with the Specifications and notices to the Contractor in
instances of non-conformance, including follow up.
1. Weaver Boos will maintain a written field log of activities observed while we are on Site.
Task k b —Quarterly Per Monitoring and Progress Reyorting
Weaver Boos proposes that the Contractor will operate and maintain the remediation system on a
regularly scheduled and as -needed basis. The Contractor's activities will include regular influent
and effluent monitoring as is expected to be required by the City's POTW, the results of which
will be reported to the City and to Weaver Boos. Weaver Boos proposes to monitor the
remediation system's performance with regard for the removal and reduction of BTEX
concentrations in the Site Groundwater and Site sanitary sewer system. Weaver Boos' initial
quarterly progress report will be more extensive than subsequent reports in that it will document
and illustrate the remediation system as it has been installed. Subsequent quarterly progress
reports will document specific activities conducted during the prior quarter and provide the
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August 19, 2014
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results for groundwater monitoring and sanitary sewer monitoring as tables and maps assessing
the extent and concentration of remaining BTEX or free product. Specific performance
monitoring activities by Weaver Boos are proposed to include the following:
2. Remedial progress and performance will include quarterly monitoring of the long-term
groundwater monitoring wells WB-1 through WB-9 illustrated on the attached Figure 7
(excerpted from our SI/RWP dated September 16, 2013). Sanitary Manholes #6, #7, #8,
and #9 will also be monitored on a quarterly basis. The treatment system influent and
effluent will also be sampled quarterly to assess the effectiveness of the system and
efficiency of the water treatment. Analytical parameters will include benzene, toluene,
ethylbenzene, total xylenes and methyl tert-butyl-ether (BTEX/MTBE) to be analyzed
according to EPA Method 8260B or 8260C. Field QA/QC will include 1 duplicate, 1 trip
blank, and 1 MS/MSD sample. A total of 18 water samples are thus estimated for each
quarterly monitoring event.
3. The groundwater levels and free product thickness will be measured in each monitoring
well before it is sampled using an electronic interface probe. Additionally, the well head
vapor pressure will be measured at each monitoring well using a digital manometer
capable of reading to the nearest 0.01 inches of vacuum/pressure. The water levels, free
product thickness, and vapor pressures will be recorded to support quarterly assessments
of the radius of influence exerted by the remediation wells. The monitoring wells will be
sampled using low -flow techniques according to the Weaver Boos' approved field
Standard Operating Procedures (SOPs).
4. Before each of the specified sanitary sewer manholes is sampled, its headspace vapor will
be checked for potential explosive atmospheres using a lower explosive limit (LEL)
meter and the result recorded. If any of the manholes indicates a measurement greater
five (5) percent of the LEL, the Richmond Sanitary District and Richmond Fire
Department will both be immediately contacted and notified of a potentially unsafe
condition. If the explosive vapor concentration is measured at less than 5 percent of the
LEL, aqueous flow through each manhole will be sampled for BTEX/MTBE. Flow
inside the sanitary manholes will be sampled using a dipper because the depth of flow is
typically not more than one inch.
Weaver Boos will prepare the quarterly progress reports with the format and content customary
for submittal to the IDEM's Leaking Underground Storage Tank (UST) Section.
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August 19, 2014
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SCHEDULE
The professional services for this assignment will be completed in logical order based on the
proposed timeline originally provided by the IFA/Program via electronic mail on February 6,
2014. Many of the elements of the proposed timeline represent tasks that will be undertaken by
IFA or the Program, such as request for SHPO review, the Community Relations Plan (CRP),
loan agreement, EPA submittals, and solicitation of and response to public comments received
on the RWP, ABCA, CRP, or SHPO correspondence. Specific tasks on the timeline for which
Weaver Boos will be primarily responsible for are listed below, along with due dates that will be
met to the extent practicable with consideration for the date our engagement by the City:
Item Timeline Due Date
1. Engineer's contract approved: August 28, 2014
2. Draft ABCA provided: Week of September 15, 2014
3. Bid Specifications and Project Manual release date: October 6, 2014
4. Bid Evaluation: Late October, 2014
5. Loan Closes and Site Work may Begin: Early November, 2014
The construction schedule will be largely dependent upon the Contractor selected by the City,
but is expected to provide for substantial completion and system commissioning by January
2015. The initial quarterly progress report is anticipated for completion and submittal in April,
2015, to represent activities undertaken and results obtained during 1 Q2015. Subsequent
quarterly progress reports will be submitted in the month after the end of the prior quarter. When
conformance to approved remedial objectives is satisfactorily demonstrated, the subsequent
progress report will provide these results and recommend that remediation be concluded.
COST ESTIMATE
Based upon our understanding of your objectives, our knowledge of the Property, and the Scope
of Services presented, Weaver Boos proposes to provide the services described herein on a unit
rate basis, invoicing only for units actually worked, for a budget of $140,017.00. Our itemized
cost estimate is attached to show the level of effort for each task. The itemized estimate lists the
unit rates for each item currently anticipated to be needed for the services. Subcontracted
services (analytical testing) will be invoiced at direct cost to Weaver Boos plus a markup of not
more than ten (10) percent. The estimated cost and proposed Scope of Services are based on
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City of Richmond, Dept. of Metropolitan Development
August 19, 2014
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information available to Weaver Boos at this time and consider the following assumptions
relative to Site conditions as stated herein:
1. Project Duration (6 weeks in the field for system installation and commissioning).
2. Frequency, number, and analytical parameters for sample(s) proposed.
3. Weaver Boos will be provided reasonable access the Site for the duration of the Services.
If conditions change, work extends beyond the scheduled completion date, unforeseen
circumstances are encountered, or work efforts are redirected, the cost estimate may require
modification. We fully expect to complete the proposed Scope of Services for the stated sum,
which will not be exceeded without your prior authorization. Any additional consultation or
services authorized by the City beyond the Scope of Services presented in this proposal will be
billed in accordance with our standard unit rates.
Weaver Boos notes that certain customary fees associated services described herein are not
considered fundable through the RLF Process. These specifically include the following costs
that the City will agree to reimburse from a separate account:
1. Vehicle mileage in excess of $0.40/mile. Weaver Boos will charge $0.60/mile to cover
the prevailing IRS allowable rate (currently $0.56/mile) we reimburse our employees for
travel to and from the job site.
2. Per diem at a rate of $30/man day for field work. RLF won't reimburse per diem even
though our staff staying locally will need to sustain themselves.
AUTHORIZATION
Should this proposal meet with your objectives, please indicate your authorization to proceed by
signing and returning the attached Proposal Acceptance Sheet to our office. Execution of the
attached Proposal Acceptance Sheet will constitute acceptance of the Fee Schedule and General
Terms and Conditions, which are included with this proposal. Any modification to this proposal,
the Fee Schedule or General Terms and Conditions must be accepted by both parties. This
proposal is valid if accepted within 60 days of issuance and for services performed within 365
days of acceptance. After such times, Weaver Boos reserves the opportunity to negotiate (in
good faith) equitable adjustments to our listed unit billing rates.
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City of Richmond, Dept. of Metropolitan Development
August 19, 2014
Page 10 of 10
Weaver Boos trusts that this proposal is responsive to your current request. If you have any
questions or comments concerning this proposal, please do not hesitate to contact us at (574)
271-3447.
Very truly yours,
Weaver Boos Consultants, LLC
Steven M. Stanford, LPG
Senior Project Manager
Attachments:
1. Figure 7 (Excerpted from SURWP dated September 16, 2013
2. Itemized Cost Estimate
3. Fee Schedule
4. General Terms and Conditions Version 2009 — Al
5. Proposal Acceptance Sheet
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ATTACHMENT 1
Proposed Remediation System Layout
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ATTACHMENT 2
Itemized Cost Estimate
Remediation Project Management and Performance Monitoring
Former Carpenter Manufacturing Site
1340 Rose City Blvd and Vicinity
Richmond, Mana
WEAVER BOOS LABOR
Ea QTR
Total
Total
fiery
Rate*
Unit
Task 1
Task 2
Task 3
Task 4
Task 5
Task 6
Hours
Cost
Principal
S175
hr.
2
2
1
1
1
1
8
$1,400
Senior Project Manager
$142
hr.
12
40
40
40
40
4
176
$24,992
Senior Project Eaginoa/Scientist
$130
hr.
0
s0
Project Manager0
$119
hr.
0
$0
Project EngiMeNScientisdEm. Specialist
$103
hr.
SO
StatfEngineer/Scientisaw. Specialist
$93
hr.
16
60
40
8
124
$11,532
Field Enencer/5cientio'Env. Specialist
S85
hr.
40
300
24
364
$30,940
EnginewiScientiWEnv. Specialist
$76
hr.
0
So
CAD Designer u
$81
hr.
16
6
22
$1,782
Technical ord Processing
S55
hr.
2
1
3
$165
Total Hours
30
120
81
81
341
44
697
Tatal Labor Cost
S3,542
S13,016
S9,575
S9,255
S31,355
$4,068
$70,811
SUBCONTRACTOR EXPENSES
Ea. QTR Total Total
dory Rate' Unit Task 1 Task 2 Task 3 Task 4 Task:5 _ Task 6 Units Cost
BTEX Analyses, Water, (Method 8260) $43 ea. 18 18 $774
Total Subcontractor Expenses SO s0 $0 $0 $0 S774 5774
REWBURSABLEEXPENSES
lsa. ql-K
1 otal
I otat
c
Rates Unit Task 1
Task 2
Task 3
Task 4
Task 5
Task 6
Units
Cost
Mileage
S0.60 mi.
300
300
300
2000
300
3200
$1,920
Lodging
S100 day
1
30
1.
32
S3,200
Per Diem
$30 day
1
30
1
32
S960
Photoionization Detector
S110 day
10
1
11
$1,210
LEL Meter
S30 day
10
1
11
S330
Mim Expenses
$l ea.
500
500
1000
50
2050
S2,050
Total Reimbursable Expenses
$0
S690
$310
$680
$7,500
$500
$9,670
(wd12 Quarterly Moulton and Prog. Reports):
Task 209dptious
1 Progranutatk Requirattatts for Program, EPA, and RLF
2 Project Manual and Specifications
3 Eng. Cost Estirtate, Advertising, Pre -Bidding, and Bid Evaluation
4 Construction Coordination and Conformance with SPcafrcatwns
5 Construction. Installation, and Commissioning Observations
6 Quarterly Perfortrance Mwisoring and Progress Report (Ea. Quarter)
• C4tagmimd unite an a timasW hanin and wit be billed n adudly waked.
s
WEAVER BOOS CONSULTANTS
FEESCHEDULE
(Effective January 1, 2012)
I. PROFESSIONAL STAFF
Unit
U.S. S
a)
PrincipaUCorporate Consultant.......................................................................................................w
195.00
b)
Senior Project Director....................................................................................................................w
173.00
163.00
c)
Project Director...............................................................................................................................Hr
142.00
d)
Senior Project Manager .............................................................................................................Hr
130.00
e)
Senior Project Engineer/Scientist...................................................................................................Hr
119.00
f)
g)
Project Manager........................................................................................................................
Project Engmeer/Scientist(Environmental Specialist.......................................................................Hr
-w
103.00
h)
Staff Engineer/Scientist/Environmental Specialist...........................................................................W
93.00
i)
Field Engineer/Scientist/Environmental Specialist.........................................................................W
85.00
76.00
j)
Engineer/Scientist/Environmental Specialist...................................................................................w
II TECHNICAL STAFF
• a)
Union Engineering Technician-Journeyman...................................................................................Hr
99.00
b)
Union Engineering Technician........................................................................................................Hr
93.00
c)
Construction Superintendent............................................................................................................w
93.00
d)
Construction Manager.....................................................................................................................Hr
82.00
e)
System Specialist III........................................................................................................................Hr
120.00
f)
System Specialist II.........................................................................................................................Hr
85.00
g)
Sys Specialist I..........................................................................................................................w
76.00
h)
System Technician ...........................................................................................................................Hr
71.00
i)
Certified Technician ....... ............................................................... ........
.... ...................................... Hr
66.00
j)
Senior Engineering Technician........................................................................................................Hr
60.00
k)
Engineering Technician I1................................................................................................................Hr
55.00
1)
Engineering Technician I.................................................................................................................Hr
43.00
In SUPPORT STAFF
a)
CAD Designer III.............................................................................................................................Hr
93.00
b)
CAD Designer 11..............................................................................................................................Hr
81.00
60.00
c)
CAD Designer I...............................................................................................................................Hr
w
55.00
d)
Technical Assistant .................. ...................................................................................................
55.00
e)
Clerical/Word Processing................................................................................................................w
IV. SURVEYING
117.00
a)
Senior Professional Land Surveyor...............................................................................................
W
1.00
b)
Professional Land Surveyor............................................................................................................Hr
90.00
c)
Survey Project Coordinator.............................................................................................................Hr.
90.00
d)
Survey Party Chief........................................................................................................................Hr
135.00
e)
Survey Party - 2 Man/Conventional.................................................................................................Hr
175.00
f)
Survey Party - 3 Man/Conventional................................................................................................Hr
135.00
Survey Party -1 Man/GPS or Robotic...........................................................................................Hr
Survey Party 2 Man/GPS or Robotic
Hr
175.00
h)
- ............................................................................................
W
215.00
i)
Survey Party - 3 Man/GPS or Robotic.............................................................................................
V. GENERAL EXPENSES
a)
Automobile Transportation..............................................................................................................Mr.
0.75
b)
Subcontract Service or Rental..........................................................................................................Cost+15%
c)
d)
Report Preparation (outside services)...............................................................................................Cost+15%
Outside Services (e.g. photographer, film processing, overnight delivery, etc.).............................Cost+15%
e)
Per Diem (food and lodging)..........................................................................................................Day
130.00
30.00
f)
g)
Per Diem (no lodging).....................................................................................................................Day
Transportation by Commercial Carrier or Rental Car......................................................................Cost+15%
h)
Travel Expenses...............................................................................................................................Cost+15%
VI. TESTING AND EQUIPMENT RENTAL FEES
a)
pH, Specific Conductance and Temperature Meter..........................................................................Day .00
b)
Peristaltic Filter Pump......................................................................................................................Day 35.00
c)
Electric Purge Pump.........................................................................................................................Day
40.00
d)
Grundfos Pump Control Box............................................................................................................Day
100.00
e)
Water Level Indicator.......................................................................................................................Day
30.00
.Any nmdlcadon to this fee schedule requires the written approval of Weaver Boos Consultants
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LEXHIBiT X PAGE ]Y F
' - •,
WEAVER BOOS CONSULTANTS
FEE SCHEDULE
(Effective January 1, 2012)
Unit
U.S. S
f)
Filter and Hose (for pump)..........................................................................................................Ea
20.00
g)
Micropurge Flow Cell and Sonde.....................................................................................................Day
120.00
h)
Modified Level "D" (Tyveks, Boots, Glovesyper person/per chg of clothing.................................Ea
50.00
i)
Photoionization Detector Meter.......................................................................................................Day
110.00
.1)
Nuclear Density Gauge....................................................................................................................Day
60.00
k)
Air Sampling Equipment, per pump.................................................................................................Day
50.00
1)
Hand Operated Field Probe Equipment............................................................................................Day
25.00
m)
ExpIosimeter....................................................................................................................................Day
30.00
n)
Gas Analyzer....................................................................................................................................Day
175.00
o)
Flame Ionization Detector...........................•....................................................................................Day
250.00
p)
Interface Probe.................................................................................................................................Day
50.00
q)
ATV.................................................................................................................................................Day
50.00
r)
Company Truck................................................................................................................................Day
75.00
s)
Hand -Held Field GPS/G 15...............................................................................................................Day
150.00
t)
Laser Level.......................................................................................................................................Day
75.00
u)
Spatial Imaging Laser Scanner.........................................................................................................Day
500.00
v)
Ground Penetrating Radar..........................................................•.....................................................Day
2500.00
w)
Geonics EM-61................................................................................................................................Day
500.00
x)
Field GPS Unit.................................................................................................................................Day
150.00
y)
Electric Generator............................................................................................................................Day
65.00
z)
Slug Test Equipment........................................................................................................................Day
200.00
aa)
All Weather Key Alike Locks.......................................................................................................... Ea
18.50
bb)
Equipment Trailer............................................................................................................................Day
75.00
cc)
Fluk MeterNolt Meter/Loop Calibrator...........................................................................................Day
120.00
UNIT PRICE NOTES:
1. All professional, technical, and support staff time and expenses seem in furtherance of the cheer's work will be billed. This includes, but is not
limited to, proposal, field, travel, research, technical review and reporting, project management, die=t meeting, and project-apecific administrative
time and expenses.
2. An overtime rate of 1.3 times the regular rate is billed for technical and support stafrservioes for work in excess of 40 hours per week, work between
7:00 p.hn. to 5:00 a.m., and work on Saturdays. This ovatime rate is increased to 2.0 times the regular hate for work on Sundays and holidays.
3. Unless otherwise agreed to in writing, a monthly interest charge of 19% per annum, will be charged accruing from the date of invoice, on all invoices
not paid within 30 days.
4. The unit rates are subject to periodic modification (typically annually). These rate modifications will be incorporated into long-term projects, unless
otherwise addressed in the project contract.
5. Deposition and testimony services are charged at 1.5 times the regular billing rate.
GENERAL EXPENSE NOTES:
1. Rates quoted are for expenses only, equipment parcliased on the client's behalf is marked up 2?A.
2. Personnel rates are billed separately from general expenses.
3. Standard no"aposable protective outer -weer or equipment damaged or contaminated by site conditions are billed at replacartent cost plus 30%
4. General expense mark-ups may be negotiated based upon contract size and payment terns.
5. The per diem rates sd forth above are the standard rates we typically use for our technical staff on projects. We reseve the right to modify these
rates in high cost areas.
6. Mileage rate is based on gasoline price of $3.50 per gallon. A fuel surcharge may be added if a condition beyond Weaves Boos Consultants control
warrants it.
TESTING AND EQUIPMENT RENTAL NOTES:
1. Rates for testing and equipment not listed above are available on request.
2. Testing and equipment rental casts are negotiable for specific projects and for on4ite laboratory programs.
3. Laboratory unit prices cover equipment and labor costs to pehform standard test procedurm and laboratory reports with normal turn -around tines.
Non-standard testing requirements, supervisory and project management costs, data evaluation costs, and environmental sample disposal costs ate
not included in the testing unit prices and are billed separately.
4. Equipment rental rates are for equipment costs only. Transportation, calibration and personnel costs are billed separately.
5. Daily and weddy rates cover a maximum of 10 and 50 boons respectively.
6. SAMPLES WILL NOT BE RETAINED beyond classification and testing unless other arrangements are agreed to in writing. Environmental
samples remain the property of the client.
Any nsodiflcadon to this fee schedule requlres the written approval of Weaver Boos Consultants
%Wkc-d c Xvd0 ewropaadUn.hmcnu NOM Cmu"Ge S hwa Fee Sawa ta" 2012AM Page 2 of 2
Ei:H181T, PAGE OsVFR BOOS CONSULTANTS, LLC
General Terms and Conditions
Version 2009-A1
Page 1 of 4
These General Terms and Conditions are incorporated by reference
into the foregoing Proposal and shall along with the Proposal
constitute the agreement (the "Agreement") under which services
are to be performed by Weaver Boos Consultants, LLC (WBC) for
Client. Unless timely accepted without reservation or change by
Client, the Proposal shall remain valid for 90 days after which time
it shall expire and been deemed revoked.
SECTION 1• SCOPE OF SERVICES
a. It is understood that the scope of services and time schedule
defined in the Proposal are based on the information provided
by Client and certain assumptions based upon WBC's
experience and Client's representations. If this information is
incomplete or inaccurate, or if unexpected site conditions are
discovered, the scope of services and time schedule may
change, even as the work is in progress.
b. The scope of services shall include all services provided by
WBC in its discretion, which are reasonably necessary and
appropriate for the effective and prompt fidfillment of WBC'S
obligations under the Agreement and all services shall be
subject to the provisions of the Agreement, including these
General Terms and Conditions and any Supplemental Terms or
Conditions incorporated herein. All such services provided
shall be invoiced and paid for in accordance with Section 3
below.
c. All additional or subsequent work performed for client, shall be
subject to these General Terms and Conditions, unless
otherwise expressly supeiseded or modified by mutual written
agreement of WBC and Client.
SECTION 2• CLIENT DISCLOSURES
a. It shall be the duty of the Client before and during the project
to promptly notify WBC of any known or suspected hazardous
substances which are or may be related to the services to be
provided Such hazardous substances shall include but not be
limited to any substance which posed or may pose a present or
potential hazard to human health or the environment, whether
contained in product, material, by-product, waste or sample
and whether it exists in a solid, liquid, semisolid or gaseous
form.
b. Following any disclosure as set forth in the preceding
paragraph, or if any hazardous substances are discovered or
reasonably suspected by WBC after its services are undertaken,
and which WBC determines in its discretion substantially
change the costs and risks of the project, then WBC may, at its
discretion, discontinue its services.
C. Client shall timely notify WBC of potential health hazards or
nuisances which might arise out of the work by WBC and its
contractors and/or subcontractors (hereinafter referred to as
subcontractors), and thereafter WBC shall take necessary and
reasonable measures to protect its employees against such
possible health hazards or nuisances. The reasonable direct
costs of such measures shall be borne by the Client.
d. The Client shall notify WBC of any other conditions, of which
Client is or should reasonably be aware of, which might
significantly affect the efficiency or safety of work of WBC.
SECTION 3: BILLING AND PAYMENTS
a. Unless otherwise specifically provided in the Agreement,
billings will be based on the fee schedule referenced in the
proposal. WBC shall submit invoices monthly for services
performed and expenses incurred and not previously billed on
any previous invoice. Payment is due upon receipt. For all
amounts unpaid after thirty (30) days of the invoice date Client
agrees to pay to WBC a finance charge of one and one-half
percent (1 1/20%) per month, eighteen percent (18%) annually,
or the legal maximum rate if it is less. The billing rates
described in this Agreement may be modified on a periodic
basis (typically annually). These modifications will be
incorporated into long term projects, unless otherwise
addressed in the Proposal.
b. The Client shall provide WBC with a clear written statement
within fifteen (15) days after receipt of the invoice of any
objections to the invoice or any portion or element thereof.
Failure to provide such a written statement shall constitute
acceptance of the invoice as submitted. Only reasonably
disputed sums may be withheld from payment. For purposes of
this section, Client may only dispute a charge on the basis that
the related services were not performed, or that they were
performed in an dcfwdvc manna falling beneath the requisite
standard of care. Further, WBC and Client agree to promptly
meet, address and resolve invoice disputes.
c. The Client's obligation to pay for the services performed under
this Agreement is in no way contingent upon other events;
including but not limited to Client's ability to obtain financing,
zoning, approval of governmental or regulatory agencies, final
adjudication of a lawsuit in which WBC is not involved,
complete a transaction or successfidly complete the project
No deduction shall be made from any invoice an account of
penalty, liquidated damages or other sums withheld from
payment to WBC.
d. If timely payments are not received, then WBC may commence
collection activities. It is agreed that all expenses incurred by
WBC in obtaining liens, obtaining judgments or collecting any
amounts due under the Agreement including the time of WBC
employees, at full billing rates, all associated costs, and
reasonable attorney's fees shall be recoverable from the Client
SECTION a• RIGHT OF ACCESS
a. If services to be provided under this Agreement require the
agents, employees, or subcontractors of WBC to enter Onto the
Project site, Client shall provide timely right of access to the
site to WBC, its employees, agents and subcontractors, to
conduct the planned field observations and services. WBC
shall take reasonable precaution to reduce damage to the site
due to its operations, but is not responsible for the cost of
restoration for any damage resulting from its operations, unless
otherwise provided for in the Proposal.
SECTION 5• SAMPLING OR TEST LOCATION
a. If the scope of services includes performance of soil borings, or
other subsurface excavations by WBC, it is understood that the
Client will furnish WBC with a diagram indicating the location
and boundaries of the site, and all subsurface structures and
utilities. WBC reserves the right to deviate a reasonable
distance from the proposed boring location(s). Client
recognizes that drilling equipment is large and heavy and
understands the risk of site damage. At Client's request and
cost, WBC will restore the site to the conditions existing prior
to WBC operations if practicable. WBC shall not be liable for
damage or injury to or resulting from damage to subterranean
structures (pipes, tanks, cables, wires or other utilities and
subsurface structures, etc.) which are not called to WBC's
[EXH161T_k_ PAGE
AVER BOOS CONSULTANTS, LLC
General Terms and Conditions
Version 2009-AI
Page 2 of 4
attention in writing and correctly shown on the diagram(s)
furnished or correctly marked at the site.
b. Unless otherwise stated, the fees in this proposal do not include
costs associated with surveying of the site for the accurate
horizontal and vertical locations of tests. Field tests or boring
locations described in our report or shown on sketches are
based upon information furnished by others and/or estimates
made in the field by our representatives. Such dimensions and
elevations should be considered as approximations unless
otherwise stated.
a This agreement may be terminated by WBC if site conditions
prevent soil borings or other subsurface excavations by WBC
at or near the designated locations, because of either
obstructions or safety considerations, and these conditions were
not revealed to WBC prior to acceptance of this Agreement. If,
in order to complete borings, or other subsurface excavation, to
their designated depths, additional work is necessitated by
encountering impenetrable subsurface objects, this and all
additional work will be charged for at the appropriate is in
the fee schedule.
d. Any equipment lost or damaged due to site surface or
subsurface conditions, and not due primarily to the negligence
of WBC or its subcontractors, will be invoiced at cost plus 15
pmenL
SECTION 6: SAMPLES
a. All materials and samples will be discarded immediately after
testing unless the Client advises WBC in writing to the
contrary. In such case, the samples will be delivered, shipping
charges collected, or stored at owner's expense.
b. Client shall have the sole responsibility to dispose of any
hazardous substance or regulated contaminant whether the
result of or a by-product of sampling or not, in accordance with
applicable law. Client shall bear all costs and liabilities
associated therewith.
c. Client agrees to indemnify, defend and hold harmless WBC
from any claims made or asserted against WBC arising out of
or related to collection, storage or disposition of samples or
materials alleging a failure to comply with any Fedora!, State
or local environmental law, regulation or ordinance.
ON 7• REPORTS AND OWNERSHIP OF
a. With the exception of WBC reports to Client, all documents,
including field data, field notes, laboratory test data,
calculations and estimates are and remain the property of
WBC. Client agrees that all reports and other work furnished
to the Client but not paid for in full will be returned to WBC
upon demand and will not be used for design, construction,
permits, licensing, or any other purpose.
b. Documents, including but not limited to, technical reports, field
data, field notes, laboratory test data, calculations, and
estimates furnished to the Client or its agency pursuant to this
agreement are not intended or represented to be suitable for use
by third parties or reuse by the Client or to the extensions of
the Project or on any other project Any use or reuse without
WBC's written consent will be at Client's sole risk and without
liability or legal exposure to WBC or to WBC's
subcontractor(s). Client shall indemnify and hold harmless
WBC and WBC's subcontractor(s) from all claims, damages,
losses and expenses including attorneys' fees arising out of or
resulting therefrom.
SECTION 8: INDEMNITY PROVISIONS
a. WBC agrees to indemnify, hold harmless, and defend Client
from and against any loss, damage, injury, claim, and liability
arising from and to the extent caused by the negligent acts or
omissions of WBC, its agents and subcontractors, but subject to
the limitations of liability set forth in Section 11 of this
Agreement. Further, Client agrees to indemnify, hold
harmless, and defend WBC against any loss, damage, injury,
claim or liability not caused by or arising from the acts or
omissions of WBC.
b. Client hereby waives all claims for indemnity and contribution
(and related theories) for claims which are otherwise covered
(or would be ordinarily covered) when made directly to WBC
or its subcontractors under Worker's Compensation insurance
provided by WBC or its subcontractors.
SECTION 9: STANDARD OF CARE
a. WBC represents that the services performed under this
Agreement will be performed with the care and skill ordinarily
exercised by reputable members of the profession practicing
under similar conditions at the same time in the same or similar
locality.
b. Client recognizes that subsurface conditions may vary from
those encountered at the locations when the borings, surveys,
or explorations are made by WBC and that the data
interpretations and recommendations of WBC's personnel are
based solely on the information provided to WBC. WBC will
be responsible for those data, interpretations, and
recommendations, but shall not be responsible for the
interpretation by others of the information developed
C. NO OTHER WARRANTY, EXPRESSED OR IMPLIED, 1S
MADE OR INTENDED BY RENDITION OF CONSULTING
SERVICES OR BY FURNISHING ORAL OR WRITTEN
REPORTS OF THE FINDINGS MADE.
SECTION 10• INSURANCE
a WBC represents that it and its agents, consultants, and
subcor►ttactors employed by it, have procti ed Worker's
Compensation insurance and that WBC has coverage under
liability insurance policies which WBC deems reasonable and
adequate. WBC shall furnish certificates of insurance upon
request If the Client requests specific inclusions or limits of
coverage that are not present in WBC's insurance, the cost of
such inclusions or coverage increases, if available, shall be at
the expense of the Client
SF,CTrnw i t • i iIVIiTATIONS OF LIABILITY
a. IT IS AGREED THAT, TO THE FULLEST EXTENT
PERMITTED BY LAW, CLIENT WILL LIMIT WBC's
TOTAL AGGREGATE LIABILITY TO CLIENT TO $50,000
OR THE AMOUNT OF WBC's FEE WHICH HAS BEEN
ACTUALLY PAID TO AND RECEIVED BY WBC,
WHICHEVER IS LESS, FOR ANY AND ALL INJURIES,
CLAIMS, LOSSES EXPENSES OR CLAIM EXPENSES
(INCLUDING ATTORNEY'S AND EXPERT WITNESS
FEES) ARISING OUT OF THIS AGREEMENT OR THE
SERVICES TO BE PERFORMED PURSUANT TO THIS
AGREEMENT FROM ANY CAUSE OR CAUSES. SUCH
Em—iaiT PAGE O EAVER BOOS CONSULTANTS, LLC
tff yr •,
" �"M General Terms and Conditions
Version 2009-A1
Page 3 of 4
CAUSES INCLUDE, BUT ARE NOT LIMITED TO, WBC'S
NEGLIGENCE, ERRORS, OMISSIONS, STRICT
LIABILITY, BREACH OF CONTRACT, STATUTORY
LIABILITY, BREACH OF WARRANTY, NEGLIGENT
MISREPRESENTATIONS, ENVIRONMENTAL LIABILITY
OR OTHER ACTS GIVING RISE TO LIABILITY BASED
UPON CONTRACT, TORT OR STATUTE. IT IS
EXPRESSLY AGREED THAT THE REMEDY STATED
HEREIN IS THE CLIENT'S EXCLUSIVE AND SOLE
REMEDY FOR ANY DAMAGE(S) ARISING OUT OF THIS
AGREEMENT OR SERVICES TO BE PERFORMED
PURSUANT TO THIS AGREEMENT.
b. WBC will increase our limitation of liability up to the limits of
our available insurance coverage or otherwise to $100.000,
whichever is greater, upon client's written request, and for the
additional consideration of M. Said request and payment
must be received within 14 days of the date of execution of the
Proposal and be before arty claim arises.
c. The Client further agrees to notify any contractors or
subcontractors who may perform work in connection with any
design, report or study prepared by WBC of such limitation of
liability for breach of contract, errors, omissions or negligence
and require as a condition precedent to their performing their
work a like limitation of liability on their part as against WBC.
d. The Client and WBC agree that neither will be liable to the
other for consequential damages incurred due to the fault of the
other. Said damages include, but are not limited to, loss of use
and lost profits.
e. With the exception of actions pertaining to materialmen or
mechanic's liens, and if lawful, causes of action between the
parties to this Agreement pertaining to acts or failures to act
shall be deemed to have accrued and the applicable statutes of
limitations shall commence to run on the date the alleged act or
failure to act occurred.
f. Not withstanding the above, all claims, whether based upon
contract, tort, breach of warranty, professional negligence
(including errors, omissions or other professional acts), or
otherwise, shall be deemed waived unless made by the Client
in writing and received by WBC within one (1) year after
Client reasonably knew or should have known of its existence,
but in no event, shall such claim be asserted by Client lamer
than two (2) years after WBCs completion of services with
respect to which the claim is made.
SECTION 12• ARBITRATION OF DISPUTES
a. Claims, disputes or other matters in question between the
parties to this Agreement arising out of or relating to this
Agreement or the breach thereof shall be subject to and decided
by arbitration in accordance with the Construction Industry
Arbitration rules of the American Arbitration Association
currently in effect, such arbitration to be held in Chicago,
Illinois, unless the parties mutually agree otherwise.
b. Demand for arbitration shall be filed in writing with the other
party to this Agreement and with the American Arbitration
Association. A demand for arbitration shall be made within a
reasonable time after the claim, dispute or other matter in
question has arisen. In no event shall the demand for
arbitration be made after the date when institution of legal or
equitable proceeding based on such claim, dispute or other
matter in question would be barred by applicable statutes of
limitations subject to Section 10(e) above.
c. No arbitration arising out of our relating to this Agreement
shall include, by consolidation, joined or in any other manner,
an additional person or entity not a party to this Agreement
except by written consent of WBC, Client and any other person
or entity sought to be joined
d. The award tendered by the arbitrator shall be final, and
judgment may be entered upon it in accordance with applicable
law in any court having jurisdiction thereof.
SECTION 13: TERMINATION
a. This Agreement may be terminated by either party upon at
least seven (7) days written notice in the event of substantial
failure by the other party to perform in accordance with the
terms hereof through no fault of the terminating party. Such
termination shall not be effective if the substantial failure has
been remedied before expiration of the period specified in
written notice.
b. WBC may terminate this Agreement if the Client suspends
WBC's services for more than sixty (60) consecutive days
through no fault of WBC's.
c. This Agreement may be terminated without cause by either
party upon at least sixty (60) days' written notice.
d. If this Agreement is terminated, WBC shall be paid for services
performed prior to the termination date set forth in the notice
plus termination expenses. Termination expenses shalt include
costs attributable to personnel and equipment rescheduling and
re -assignment and all other costs incurred directly attributable
to termination.
SECTION 14: MISCELLANEOUS
a. In the event that any provision (or portion thereof) herein shall
be deemed invalid or unenforceable, the other provisions hereto
shall remain in full force and effect, and binding upon the
parties hereto. In such event, the provisions found to be invalid
shall be deemed to be reformed so that the intent of such
provision will be enforced to the maximum extent permitted by
applicable law.
b. The heading or title of a section is provided for convenience
and information and shall not serve to after or affect the
provisions included herein.
c. All obligations arising prior to the termination of this
Agreement and all provisions of this Agreement allocating
responsibility or liability between the Client and WBC shall
survive the completion of services and the termination of the
Agreement
d. Unless otherwise provided, the substantial law of the State of
Indiana will govern the validity of this agreement, its
interpretation and performance, and remedies for contract
breach or any other claims related to this agreement.
e. WBC shall apply professional judgment in determining the
extent to which WBC shall comply with any given standard
identified in WBC's documents. Unless otherwise indicated,
such compliance, referred to as 'SGGenneral Compliance"
specifically excludes consideration of any standard listed as a
reference in the text of those standards cited by WBC.
f. Unless specifically stated in WBC's Proposal, it is understood
the costs for implementation of the work are based on privately
owned projects utilizing merit (non -union) wages and
employees. Government funded or publicly owned projects
that require prevailing wages will have specific fees identified
EXHiBrr PAGE K EAVER BOOS CONSULTANTS, LLC
•.� General Terms and Conditions
Version 2009-A1
Page 4 of 4
in the Proposal. Any job action, strike, or other requirement to
use union represented employees will require renegotiation of
the costs for performing the work.
g. In the event that WBC borrows or uses equipment or
machinery, including but not limited to stationary, mobile and
non -road mobile equipment, from the Client, it is agreed that
the equipment is being rented for the sum of $1.00 and other
considerations unless a specific rental agreement is executed by
the parties.
h. This Agreement may be assigned by WBC to an affiliate
company, in whole or in part WBC may also retain persons or
entities not in WBC's employ without Client's prior specific
consent when such retention is appropriate and customary,
including. but not necessarily being limited to, surveyors,
drilling subcontractors, testing laboratories, remediation
contractors, and specialized consultants. Client shall not assign
its duties and obligations hereunder without the prior written
consent of WBC.
EXHIBTF-iK PAGEzLOM
ATTACHMENT 5
WEAVER BOOS CONSULTANTS, LLC
4085 Meghan Beeler Court
South Bend, Indiana 46628
Voice: (574) 271-3447
Fax: (574) 271-3343
PROPOSAL ACCEPTANCE SHEET
Description of Services: Remediation Project Management
Property Address: Former Carpenter Manufacturing Location, 1340 Rose City
Blvd and Vicinity
Project City/State: Richmond, IN 47374
Weaver Boos Proposal No.: LLCP-W"0-14 Date: August 19, 2014
Client Contract Amount: $140,017.00 Date:
For approval and payment of charges, invoices will be charged to the account of
Client: City of Richmond, Dept. of Met. De Attention: Mr. Tony Foster
Street Address 1: 50 North 5* Street Telephone: 765-983-7211
Street Address 2: Fax:
City/State: Richmond, IN
Zip Code: 47374
This AGREEMENT is subject to the attached General Terms and Conditions Version 2009 — Al
comprising 4 pages and the following special provisions/payment schedule:
Weaver Boos Consultants LLC Rronosal No LLCP-004-00-14 dated August 19. 2014. and all
attachments thereto.
Accepted by:
City of Richmond, Dept. of Metropolitan
Development
By (Signature)
By (Type/Print)
Title
Accepted , 2014
Acknowledge the Terms and Conditions
Weaver Boos Consultants, LLC
i
By (Signature)
Steven M. Stanford, LPG
By (Type/Print)
Manager, South Bend Environmental Operations
Title
Accepted August 19, 2014
Acknowledge the Terms and Condition
'`�`c, ,.R.�i CERTIFICATE OF LIABILITY INSURANCE Page l of 1
9/188/2
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: N the certificate holder is an ADDITIONAL INSURED, the policy(ies)must be endorsed. N SUBROGATION IS WAIVED, subject to
the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the
certificate holder in lieu of such endorsement(s).
PRODUCER
CONTACT
Willis of Illinois, Inc.
c/o 26 Century Blvd.
P. o. Boz 305191
PHONE FAX
77- 4 -7 -4 7-2 78
- ' r fi illi m► o
INSURER(S)AFFORDINGCOVERAGE
NAICM
Nashville, TN 37230-5191
INSURERA:Navigators Specialty Insurance Company
36056-001
INSURED
Weaver Hoos Coasultaats, LLC
INSURERS: Twin City Fire Insurance Company
29459-001
35 Sast Wacker Suite 12SO
INSURERC:
INSURER D:
Chicago, IL 60601
INSURER E:
INSURER F:
rnvs:oarrcc f'ERTIFICATF NUMBER* 22063856 REVISION NUMBER:See Remarks
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 SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
IRSR
TYPEOFINSURANCE
POLICYNUMBER
POLICYEFP
POLICYEXP
LIMITS
A
GENERAL LIABILITY
X COMMERCIAL GENERAL LIABILITY
CLAIMS -MADE OCCUR
Y
CH14NP40A2JOUNC
6/12/2014
6/12/2015
EACH OCCURRENCE
$ 1,000,000
DAMAGETO RENTED
PREMISES Es ureno1
$ 300,000
MED EXP (Anyone person)
[PERSONAL
$ 10,000
&ADV INJURY
$ 1,000,000
GENERALAGGREGATE
$ 2,000,000
GEN'L AGGREGATE LIMIT APPLIES PEP:
PRODUCTS - COMP/OP AGG
$ 2,000,000
$
POLICY � LOC
g
AUTOMOBILE LIABILITY
83UENPY6107
6/12/2014
6/12/2015
r=NGLELIM11
$ 1,000,000
BODILY INJURY(Per person)
$
X ANY AUTO
BODILYINJURY(Peracddent)
S
ALLOWNED
AUTOS AUTOS
X HIREDAUTOS ISCHEDULED
NON -OWNED
AUTOS
G
Peraodde
$
$
A
UMBRELLALM
X
OCCUR
CH14: OA2JPLNC
6/12/2014
6/12/2015
EACH OCCURRENCE
$ 10,000,000
X
AGGREGATE
$ 10,000,000
EXCESS LIAR
CLAIMS -MADE
$
DED I X RETENnoN S 10.000
g
WORKERS COMPENSATION
AND EMPLOYERS' LIABILITY
ANYPROPRIETORlPAFti1�E71
OFFICER/IMBEREXCLUDED9 L J
DE�PTID OF oPERATONS below
NIA
83WFAA6884
6/12/2014
6/12/2015
X
E.L. EACH ACCIDENT
$ 1,000,000
E.L. DISEASE -EA EMPLOYEE
$ 1,000,000
E.L. DISEASE - POLICY LIMIT
S 1,000,000
A
Pollution and
Professional Liability
1
CH14NP40A2JOUNC
6/12/2014
6 12
$1,000,000. Each Occurrence/
Per Claim
$2,000,000. Each Aggregate
DESCRIPTION OF OPERATIONS / LOCATIONs / VEFMCLES (Altaeh Aaord 101, AdcNonal Ralaarhs SeheduK U maa apaee Is requkad)
THIS VOIDS AND REPLACES PREVIOUSLY ISSUED CERTIFICATE DATED: 9/18/2014 WITH ID: 22049251
Umbrella policy follows form over the General Liability, Auto Liability & Employers' Liability.
City of Richmond is included as an Additional Insured as respects to General Liability.
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
ACCORDANCE WITH THE POLICY PROVISIONS.
City of Richmond
Attn: Tony Foster II, Executive Director AUTHONZED REPRESENTATIVE
Department of Metropolitan Development
50 North 5th Street
Richmond, IN 47374
w— -- A T #%&1 A 11 -:w1.Lw
C011:4517424 Tp1:1IOL030 %;erL:66VoJo00 ev 17VV-w.v...+v.w..............._...._.. .a. �._�----•
ACORD 25 (2010105) The ACORD name and logo are registered marks of ACORD
E-Verify Affidavit
Pursuant to Indiana Code 22-5-1.7-11, the Contractor entering into a contract with the City is
required to enroll in and verify the work eligibility status of all its newly hired employees through
the )-Verify program. The Contractor is not required to verify the work eligibility status of all its
newly hired employees through the E-Verify program if the E-Verify program no longer exists.
The undersigned, on behalf of the Contractor, being first duly sworn, deposes and states that the
Contractor does not knowingly employ an unauthorized alien. The undersigned further affirms that,
prior to entering into its contract with the City, the undersigned Contractor will enroll in and agrees
to verify the work eligibility status of all its newly hired employees through the E-Verify program.
(Contractor):
Weaver Boos Consultants
By (Written Signature):
(Printed Name):
Amy Goeoei
(Title):
Senior Human Resources Generalist
Important Notary Signature and Seal Required in the Space Below
STATE OF JWJAI 1 1 S
COUNTY OF �V bk
M
OFFCK VA
SS: KR*MY NELSON
NOTARY PAW - STATE OF L NM
W OGM�----------- S00 E)tPtRgSIVMS
Subscribed and sworn to before me this �O _day of - "'o
20
My commission expires: / a q (Signed)
Residing in by— County, State of