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HomeMy Public PortalAbout114-2014 - Metro - AMEC - Environmental Service for maintaining the Dana Facilitya • , AGREEMENT THIS AGREEMENT made and entered into this day of Pam^, 2014, and referred to as Contract No. 114-2014, by and between the City 6f 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 professional environmental services in connection with the ongoing maintenance and monitoring of the property located at 2153/2175 Williamsburg Pike (former Dana Facility) for the City of Richmond, Indiana (the "Project"), with said services more specifically described on Contractor's Proposal. The City was previously 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 incorporated herein by reference. Compensation to Contractor shall be paid by IDEM from said account. Contractor's Proposal is attached hereto as Exhibit AA, which Exhibit is dated September 3, 2014, consisting of eleven (11) 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 A." 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 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. 114-2014 Page 1 of 6 q f W 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 One Hundred Thirty-seven Thousand Five Hundred Seventy-six Dollars and Zero Cents ($137,576.00), 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. Page 2 of 6 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. 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 $1,000,000 each aggregate F. Malpractice/Errors & Omissions Insurance $500,000 each occurrence $500,000 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 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. 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 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; 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 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. Page 5 of 6 V . 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 By: Vicki Robinson, President I: Richard Foore. Member M. Date: �2,5:lzl APPROVE Sarah L. Hutton, Mayor Date: 91-��hy U-1 r "CONTRACTOR" AMEC ENVIRONMENT & INFRASTRUCTURE, INC. 201 South Capitol Ave., Suite 200 Indianapolis, IN 46225 By. i Printed: 1Zt.>-r �- �. 1 \�� T-- Title: J -A i✓��J Date: i0 j zo j- Page 6 of 6 1 • f EXHIBIT PAGE OF 3 September 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 for Environmental Services Former Dana Facility 2153 Williamsburg Pike Richmond, Indiana Dear Mr. Foster: Twil _ Rai AMEC Environment & Infrastructure, Inc. (AMEC) is pleased to provide this proposal to the City of Richmond for environmental services associated with the former Dana facility located in Richmond, Indiana. This scope of services has been prepared based on the letter provided to the City of Richmond by the Indiana Department of Environmental Management (IDEM)' on 24 September 2012 and recent conversations with Ms. Kim Vedder, IDEM Project Manager and Mr. Tony Foster, City of Richmond. This proposal will cover services for a period of five years beginning in 2014 and terminating in 2018. PROJECT BACKGROUND The former Dana facility is located at 2153 Williamsburg Pike in Wayne County, Richmond, Indiana. The property is currently vacant and is 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, a settling pond, and grassed, paved, or gravel covered areas. There is an Agreed Order (Cause No. EH 10755 dated 1 November 2001) associated with the Site for the monitoring and maintenance of the Type I landfill. The Agreed Order requires that groundwater monitoring is to be conducted minimally on an annual basis until the end of the 30-year post closure care period of the facility (the groundwater post -closure care period started on 22 April 1997). The September 2012 IDEM letter requested the submittal of a work plan describing monitoring well repairs, monitoring well redevelopment, groundwater sampling details, and landfill cap and cover repairs. AMEC completed these tasks as documented on AMEC Summary of Site Activities report dated June 5, 20142. ' IDEM, 2012. Maintenance, Monitoring Well Repairs, and Sampling Plan for Type I Landfill, Former Dana Facility, 2153 Williamsburg Pike, Richmond, Wayne County, FP 89-04. Indiana Department of Environmental Management. 24 September 2012, 2 AMEC, 2013 Summary of Site Activities, Former Dana Facility 2153 Williamsburg Pike Richmond, Indiana, 5 June 2014. AMEC Environment & Infrastructure, Inc. C:\amec\7362\zins\Proposal Richmond Dana Landfill 2014-2018.doc 201 South Capitol Avenue, Suite 200 Indianapolis, IN 46225 USA Tel (317) 713-1700 Fax (317) 713-1710 www.amec.com r. ExHlRtT A. S `-OF Mr. Tony Foster 3 September 2014 Page 2 WORK SCOPE DESCRIPTION The proposed scope of work addresses the items requested in the September 2012 IDEM letter. This proposal includes activities associated with the bulleted items below; followed by a brief description of each specific activity. • Completion of a Work Plan (Task 1); • Monitoring Well Repairs (Task 2); • Monitoring Well Redevelopment and Groundwater Sampling (Task 3); • Landfill Cap and Cover Repair (Task 4); • Reporting (Task 5); and, • Project Management (Task 6). Task 1 -Completion of a Work Plan AMEC will revise the current work plan documenting the activities as directed by IDEM. These include monitoring well repairs, monitoring well redevelopment, groundwater sampling, and landfill cap and cover repair (as needed). These tasks are explained in further detail in subsequent Tasks 2 through 5. The work plan will also include preparation of an updated site - specific health and safety plan (HASP). A draft of the work plan 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 work plan will be published and submitted to the City of Richmond, and IDEM, as applicable. For purposes of this proposal, it is assumed that the current work plan will suffice for the duration of the sampling events. However, if IDEM requests a revised work plan, AMEC personnel and direct charges for these estimates are shown on Table 1, they will be billed on a time and materials as necessary. Task 2 - Monitoring Well Repairs The monitoring network for the Type I landfill includes 16 monitoring wells and 5 piezometers. All wells will be inspected annually. If repairs are found necessary or wastes are generated, repairs and waste disposal will be performed. AMEC will contact the City of Richmond with a cost estimate prior to proceeding with any repairs or waste disposal. These activities will be completed on a time and materials basis. For purposes of this proposal, it is assumed that AMEC field personnel will spend approximately 10 hours per event with this task per year. Sub consultants, overhead and direct charges for these estimates are shown on Table 1, they will be billed on a time and materials as necessary. The estimated cost to complete this task is $1,120. Task 3 - Monitoring Well Redevelopment and Groundwater Sampling The monitoring well network (16 wells) will be redeveloped only if gauging data indicate a significant siltation has occurred since previous sampling events. Redevelopment will include evacuation of the well using a submersible pump and monitoring of turbidity. It is assumed that the wells are accessible by a vehicle for purge water collection and pump power source. Following redevelopment of the monitoring wells (as necessary), groundwater sampling will be initiated. Prior to sampling, the wells will be gauged and depth to water measurements will be recorded. After static groundwater measurements are recorded, the monitoring well network (16 wells) will be sampled. Collection of groundwater samples will be conducted using EPA low EXHIBIT PAGE "-$- .OF l Mr. Tony Foster 3 September 2014 Page 3 stress (low flow) purging and sampling procedures (US EPA, 1996)3. Water quality parameters will be recorded during sampling. The monitored parameters will include: • temperature; • pH; • turbidity; • conductivity; • oxidation-reduction potential (ORP); and, • dissolved oxygen (DO). Groundwater samples will be analyzed for: • dissolved metals4; • chloride; • fluoride; • nitrate/nitrite; • sulfate; and, • volatile organic compounds (VOCs)5. The laboratory analytical methods will be verified with IDEM to ensure they are acceptable, prior to sample submittal. If IDEM requires specific methods which are not currently available at the proposed laboratory (i.e., Pace Analytical or Envision); it may be necessary for the laboratory to subcontract specific analysis. The proposal costs are for one laboratory to complete the work; however, if it is necessary to subcontract, then additional cost will likely be incurred. Sixteen (16) groundwater samples will be collected, along with quality assurance/quality control (QA/QC) samples. QA/QC samples will include two duplicates; one matrix spike/matrix spike duplicate (MS/MSD); trip blanks will accompany each cooler containing VOC samples; and, a field blank and equipment blank will be collected for each pump set-up (there will be 2 pump set-ups). A Level III data package is required for this work. Redevelopment and sampling water generated will require off -site disposal. Disposal of purge water will be discussed with the Richmond Sanitary District for discharge using a near -by manhole connected to the sanitary sewer, or hauled to the publically owned treatment works (POTW) by an approved hauler (i.e., Advanced Septic). In the event a hauler is necessary, costs for hauling are included and anticipated at no more than $300. It is anticipated for disposal approval collection of a wastewater characterization sample will be required; therefore, costs are included with the other analytical costs. AMEC will contact the Sanitary District for permitting and disposal approval. It is assumed that all disposal fees will be billed direct to the City and are therefore not included. It is further assumed that it will not be necessary to treat the purge water for disposal approval. 3 US EPA, 1996. Low -Flow (Minimal Drawdown) Groundwater Sampling Procedures. United States Environmental Protection Agency off of Research and Development. EAP/540/S-95/504. April 1996. 4 Metals include aluminum, arsenic, barium, cadmium, chromium, iron, lead, manganese, nickel, selenium, and sodium. 5 The list of VOCs to be analyzed is included in IDEM's 24 September 2012 letter. EXHIBIT FAO ,,: OF11 Mr. Tony Foster 3 September 2014 Page 4 The monitoring well redevelopment and groundwater sampling estimated cost (including laboratory analytical costs) to complete this task is $15,150. Task 4 - Landfill Inspection, Cap and Cover Repair This task involves completing the repairs and maintenance to the landfill cap and cover as requested by IDEM. These include damages to the cap due to coyote dens (or other burrowing animals), removal of small trees, and annual mowing. The majority of this work was completed in September 2013. It is unlikely that major landfill cap and cover repairs will be required this year. However, if necessary, AMEC will provide oversight for these tasks and provide cost for all subcontractors required to complete these tasks on a time and materials basis. Once the damaged cap areas have been identified (if any) during the site inspection, the proposed contractor, Alliance Service Group (Alliance), will excavate the cover soils and expose the liner at each of the locations. Alliance has estimated that 4 to 6 damaged areas can be exposed and prepared in one (1) day. Alliance will also remove all small trees from the landfill cap and surrounding drainage control swales. These tasks are estimated to require two (2) days to complete at a daily rate of $1,200 (includes operator, machine, and laborer) plus a mobilization/demobilization fee of $900 (total cost of $3,300). Following exposure and preparation of the damaged areas, encountered site conditions will be conveyed to the specialized lining contractor, Taylor Geosynthetics, Inc, for coordination and scheduling. The liner repairs are estimated to require one (1) day to complete; at a daily rate of $2,500. It is assumed up to 4 locations (no larger than 15'x15') can be repaired in one day. The daily rate includes new 40-ml liner, welding equipment, and QA/QC testing of repairs. If more than 4 damaged areas are identified, costs will increase for the lining contractor and Alliance per their daily rates. Once the liner repairs have been completed, Alliance will return to the Site and restore the cover materials in each of the repaired areas. The materials removed during preparation will be re - sued to the extent possible, and placed according the cap design. AMEC will procure additional new cap cover materials for use as necessary. Each of repaired areas will be seeded, fertilized, and covered in straw for reestablishment of the vegetative cover. This task is estimated to take one (1) day to complete, at a daily rate of $1,200 and an additional mobilization/demobilization of $900 (total cost of $2,100). Cover materials will be procured from US Aggregates and include topsoil, sand, and borrow. One load (approximately 20 tons) of each material will be delivered to the Site and stored in a common location approved by the City. Material cost including delivery are estimated at $652 ($14.07/ton topsoil, $10.33/ton for sand, $8.19/ton for borrow, plus AMEC's handling fee). Once the cap damaged areas and all trees/saplings removed, a sub contractor will mow the landfill limits at a cost of $1,500; An AMEC professional will oversee all of the landfill maintenance and repair activities. During the annual mowing, an AMEC professional will do a final inspection of the Site, and if needed complete removal of any sampling or well repair wastes. For purposes of this proposal, it is assumed that two AMEC field personnel will spend approximately 10 hours per event with this task per year. Sub consultants, overhead and direct charges for these estimates are shown on Table 1, and will be billed on a time and materials basis, as necessary. The estimated cost to complete this task is $4,370 which includes the s Y EXHIBIT _bt= :: Mr. Tony Foster 3 September 2014 Page 5 landfill inspection and annual mowing with oversight by AMEC field personnel. A detailed breakdown of these costs is provided in Table 1. Task 5 - Reporting Within two months of final data receipt from the laboratory, AMEC will prepare and submit a draft letter report in electronic format for review by the City of Richmond, and IDEM as applicable. The letter report will include summary tables and figures of groundwater analytical and field measured data. A summary of the other completed Site activities will be included in the report. These other activities will include the monitoring well repairs and maintenance, monitoring well redevelopment, and the landfill cap and cover repairs. A draft of the report in electronic format will be issued to the City of Richmond, and IDEM as applicable, for review and comment. Following review and comment, edits as necessary will be completed, and the final report issued to the City of Richmond and IDEM (cost assumed one hard copy and an electronic version on CD). The estimated cost to complete this task is $4,680. 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 each phase of the proposed scope of work. The estimated cost to complete this task is $3,400. SCHEDULE It is anticipated preparation for field activities can begin within two (2) weeks of work plan approval. Minor well repairs are anticipated to be completed in one (1) day. Monitoring well redevelopment (if necessary) and groundwater sampling will commence the following week and are expected to be completed over a period of four (4) days. The landfill cap and cover repairs can be initiated following groundwater sampling if necessary. The annual mowing is anticipated be complete in one day and will occur in late summer, or as directed by IDEM. The work will be completed on a time and materials basis as indicated on Table 1 for a requested funding amount of $27,515 per event. Per the City of Richmond's request, AMEC has provided a cost estimate for five years of the above described services at $137,576. This includes costs for equipment, consumables, travel, and subcontractors (laboratory and annual mowing). The quotes for subcontractor costs for tasks associated with monitoring well repairs, landfill cap and cover work will be solicited and provided to the City of Richmond prior to award of the work. If this proposal is acceptable we ask that you please sign and return the attached Authorization to Proceed. The work be conducted in accordance with AMEC's Standard Terms and Conditions and the 2014 Rate Schedule (attached) The proposed scope of work will be initiated immediately following authorization to proceed. The work will be invoiced on a monthly basis for City of Richmond review and approval. . 1 EXHIBIT 1A PAdt _ OF Mr. Tony Foster 3 September 2014 Page 6 Please contact Stephen P. Zins if you have any questions regarding this proposal. We appreciate the opportunity to assist the City of Richmond with this former Dana facility. Respectfully submitted, AMEC Environment & Infrastructure, Inc. eO� Piz -VI Stephen P. Zins, PG Senior Geologist 1 Robert D. Money, PG Environmental Branch Manager Enclosures 1 EXHIBIT .PAGr rf (. 1rj AUTHORIZATION The undersigned authorizes AMEC Environment & Infrastructure, Inc. to perform work as described in the proposal dated 3 September 2014. Our services will be completed on a time and materials basis for the amount listed below. Scope of Work and Cost Estimate for Environmental Services..........................$137,576 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 for Environmental Services 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 City of Richmond Mr. Tony Foster Mr. Stephen P. Zins AMEC Environment & Infrastructure, Inc. 201 South Capitol Avenue, Suite 200 Indianapolis, IN 46225 Phone: (317) 713-1700 Fax: (317) 713-1710 0 . & Or FHBƒ Pr PGE OFl «■a■ ,! ■� !!,; !■ 2m°■■2!! �� | a■ | � ° § ;; |�,;��� �� � �� �, �� � ,l .�2 "IT �� Tl]l�� ITT ��, a| °!m° ,! | a: a�■ a ° ! t ■ - § rl, T ! ■§ 2a;■ a2 |tea§;;, ° aaa■■; � 1 ',o Tl sa ;°°; ;; a °&;;; a; a;;, °°°°■°; ¥ ! B � , 7 ■a , ! ■a�° ;a a ;; a a°°°;°a | a � ; e _ , k �Z� ■ � ■ 1,111 11 11,, T � }(a; l�a2 A2 §# ))|| � ■ �� § - E ■ ; ! || \ , a; ¥�■|2"! ` �§!§«)k l�.0 .'�, „ .,-.�. \ Tl IT �� 1111111-1 §� � °a°a ,a ■�;2;°. ° ° �a;° as°© °; ! ® !! ' � . . . |■ � I'l .��� FI I'll loll. 1.1oll l ■a ;a;■ ;a ■■©=a a; °a®■ a�°■©°© ease ,» m@,es re ese@ rggm@m@« § 09!2 tt §a§d®£ [[ \)\� ,@m@2 a@ aa#a »seams, ; =�!„m §§ /)2) a&■k:■m- =k- ��!)�| §! ,� ! } ! ,, §;|! § , �■ kk §e.z,. ■! !t� § §� ` k§})J!;- §!!l�;•7 ;*§,�� •! !!!!�| ;£! EXHIBlT-,k PAGE .R ameO AMEC ENVIRONMENT & INFRASTRUCTURE, INC. 2014 RATE SCHEDULE The hourly labor rates set forth below are valid from January 1, 2014 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 RATE/HOUR CLASSIFICATION RATEIHOUR Professional Levels 1 $55.00 Professional Level 19 $165.00 Professional Levels 2 $60.00 Professional Level 20 $170.00 Professional Levels 3 $65.00 Professional Level 21 $180.00 Professional Level 4 $70.00 Professional Level 22 $190.00 Professional Level 5 $75.00 Professional Level 23 $200.00 Professional Level 6 $80.00 Professional Level 24 $210.00 Professional Level 7 $85.00 Professional Level 25 $220.00 Professional Level 8 $90.00 Professional Level 26 $240.00 Professional Level 9 $95.00 Professional Level 27 $250.00 Professional Level 10 $100.00 Professional Level 28 $260.00 Professional Level 11 $105.00 Professional Level 29 $270.00 Professional Level 12 $110.00 Professional Level 30 $280.00 Professional Level 13 $115.00 Professional Level 31 $290.00 Professional Level 14 $120.00 Professional Level 32 $300.00 Professional Level 15 $130.00 Professional Level 33 $310.00 Professional Level 16 $140.00 Professional Level 34 $320.00 Professional Level 17 $145.00 Professional Level 35 $330.00 Professional Level 18 $150.00 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 $27.50 $41.25 Technician Level 16 $85.00 $127.50 Technician Level 2 $30.00 $45.00 Technician Level 17 $90.00 $135.00 Technician Level 3 $32.50 $48.75 Technician Level I8 $95.00 $142.50 Technician Level $35.00 $52.50 Technician Level 19 $100.00 $150.00 Technician Level 5 $37.50 $56.25 Technician Level 20 $105.00 $157.50 Technician Level 6 $40.00 $60.00 Technician Level 21 $110.00 $165.00 Technician Level 7 $42.50 $63.75 Technician Level 22 $115.00 $172.50 Technician Level 8 $45.00 $67.50 Technician Level 23 $120.00 $180.00 Technician Level 9 $47.50 $71.25 Technician Level 24 $125.00 $187.50 Technician Level 10 $55.00 $82.50 Technician Level25 $130.00 $195.00 Technician Level 11 $60.00 $90.00 Technician Level 26 $135.00 $202.50 Technician Level 12 $65.00 $97.50 Technician Level 27 $140.00 $210.00 Technician Level 13 $70.00 $105.00 Technician Level28 $145.00 $217.50 Technician Level 14 $75.00 $112.50 Technician Level29 $150.00 $225.00 Technician Level 15 $80.00 $120.00 EXHIBIT ,-A- PAG j,EOF ame& ADMINISTRATIVE SERVICES CLIENT agrees to reimburse AMEC for all hours worked by administrative staff at the following classifications and associated hourly labor rates. CLASSIFICATION RATEIHOUR OVERTIME CLASSIFICATION RATHHOUR OVERTIME Administrative Level 1 $35.00 $52.50 Administrative Level 8 $70.00 $105.00 Administrative Level 2 $40.00 $60.00 Administrative Level 9 $75.00 $112.50 Administrative Level 3 $45.00 $67.50 Administrative Level 10 $80.00 $120.00 Administrative Level 4 $50.00 $75.00 Administrative Level 11 $85.00 $127.50 Administrative Level 5 $55.00 $82.50 Administrative Level 12 $90.00 $135.00 Administrative Level 6 $60.00 $90.00 Administrative Level 13 $100.00 $150.00 Administrative Level 7 $65.00 $97.50 Administrative Level 14 $110.00 $165.00 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% "• ~ EXHIBITA PAGE I amec* AMEC ENVIRONMENT & INFRASTRUCTURE, INC. STANDARD TERMS AND CONDITIONS 1) ENTIRE AGREEMENT. Upon authorization by the CLIENT and commencement of performance hereunder, these terms and AMEC's Proposal constitute the entire agreement between the parties concerning its subject matter. Any changes or additional conditions proposed by CLIENT are hereby rejected, unless expressly stated in this Agreement or incorporated by a change order. 2) CHANGES. CLIENT acknowledges that AMEC's services do not include the review of public disclosure documents or preparing consents for regulatory filing purposes. If CLIENT requests such consents from AMEC, CLIENT acknowledges that it will be at CLIENT's cost, and CLIENT shall allow sufficient time for AMEC to perform the necessary review required for completing the consents. Upon receipt of notice from CLIENT of a change In the scope of the work hereunder, AMEC will promptly notify the CLIENT if there is an impact on the schedule, price or terns of the Agreement. Thereafter, an estimate of any impact on the Agreement will be prepared and submitted to the CLIENT. The parties agree to promptly negotiate and implement changes to the Agreement. CLIENT acknowledges and agrees that its use of any purchase order or other forth to procure services is solely for administrative purposes and in no event shall AMEC be bound to any terms and conditions on such form regardless of reference to or signature. CLIENT shall endeavor to reference this Agreement on any purchase order (or any other forth), but CLIENTS failure to do so shall not operate to modify this Agreement. 3) SITE INFORMATION AND ACCESS. The CLIENT shall make available to AMEC all relevant information and documents under his control regarding past, present and proposed conditions of the site. The information shall include, but not be limited to, plot plans, topographic surveys, hydrologic data and previous soil and geologic data including borings, field or laboratory tests and written reports. The CLIENT shall immediately transmit to AMEC any new information that becomes available or any change in plans. The CLIENT shall also ensure uninterrupted site access for AMEC throughout performance of this Agreement. 4) PERMITS AND UTILITIES. Unless otherwise stated in the Proposal, the CLIENT shall apply for and obtain all required permits and licenses and shall make all necessary arrangements for right of entry to provide AMEC access to the site for all equipment and personnel at no charge to AMEC. The CLIENT shall also provide AMEC with the location of all underground utilities and structures in the exploration area. AMEC is not responsible for location or identification of utilities. 5) PAYMENT AND SUSPENSION. Unless otherwise stated in the Proposal, invoices will be submitted by AMEC either at the completion of the work or on a monthly basis and will be due and payable on the invoice date. Invoices not paid within thirty (30) days of the invoice date shall be subject to a late fee of one and one-half percent (1.5%) per month computed at 31 days from the date of invoice. In addition, any collection fees, legal fees, court costs, and other related expenses incurred byAMEC in the collection of delinquent invoice amounts shall be paid by CLIENT. IN THE EVENT CLIENT DISPUTES ALL OR PART OF AN INVOICE, CLIENT MUST ADVISE AMEC IN WRITING WITHIN FIFTEEN (15) DAYS FROM INVOICE DATE. UNDISPUTED PORTIONS ARE SUBJECT TO PAYMENT WITHIN THIRTY (30) DAYS. AMEC may suspend performance of services under this Agreement if: 1) CLIENT fails to make payment in accordance with the terms hereof, 2) CLIENT becomes insolvent, enters bankruptcy, receivership, or other like proceeding (voluntary or involuntary) or makes an assignment for the benefit of creditors, or 3) AMEC reasonably believes that CLIENT will be unable to pay AMEC in accordance with the terms hereof and notifies CLIENT in writing prior to such suspension of services. If any such suspension causes an increase in the time required for AMEC's performance, the performance schedule and/or period for performance shall be extended for a period of time equal to the suspension period. 6) OWNERSHIP RIGHTS. Any documents produced by AMEC shall be the sole property of AMEC. At the request and expense of the CLIENT, AMEC shall provide the CLIENT with copies of any or all drawings, specifications and other documents prepared by AMEC. 7) STANDARD OF CARE. In the performance of professional services. AMEC will use that degree of care and skill ordinarily exercised under similar circumstances by reputable members of its profession practicing in the same or similar localities. No warranty, either express or implied, is made or intended by this Agreement or by furnishing oral or written reports of the findings. AMEC is to be liable only for damage proximately caused by the negligence of AMEC. The CLIENT recognizes that subsurface conditions may vary from those encountered at the location where borings, surveys or explorations are made by AMEC and that the data, interpretations and recommendation of AMEC are based solely on the information available to him. AMEC will not be responsible for the interpretation by others of the information developed. 8) INSURANCE. AMEC will maintain insurance for this Agreement in the following types: 1) worker's compensation insurance at statutorily required levels, 2) comprehensive general liability (CGL) insurance and 3) automobile liability insurance for bodily injury and property damage. 9) ENVIRONMENTAL LIABILITY. Because CLIENT owns and/or operates the site where work is being performed, CLIENT has and shall retain all responsibility and liability associated with the environmental conditions at the site. Unless specifically identified in AMEC's Proposal, CLIENT'S responsibility and liability includes the handling and disposal of any samples or hazardous materials generated on the site as a result of AMEC's performance hereunder. 10) CONSEQUENTIAL DAMAGES. AMEC shall NOT be responsible for any consequential, incidental or indirect damages. 11) LIMITATION OF LIABILITY. NotwifhstandinganyotherprovisionofthisAgreemen(, the totalliabdityofAMEC, its oflicers, directors andemployeesforliabili6es, claims, judgments, demands and causes of action arising under or related to this Agreement whether based in contract or tort shall be limited to the total compensation actually paid to AMEC for the services hereunder or $50,000, whichever is less. All claims by CUENT shall be deemed relinquished unless filed within one (1) year after substantial completion of the services hereunder. 12) DISPUTES. Any dispute arising hereunder shall first be resolved by taking the following steps, where a successive step is taken if the issue is not resolved at the preceding step: 1) by the technical and contractual personnel for each party performing this Agreement, 2) by executive management of each party, 3) by mediation or 4) through the court system of the jurisdiction of the AMEC office that entered into this Agreement. CLIENT hereby waives the right to trial by jury for any disputes arising out of this Agreement. Except as otherwise provided herein, each party shall be responsible for its own legal costs and attomeys' fees. 13) AUTHORIZATION TO SIGN. The person signing this Agreement warrants that he has authority to sign as, or on behalf of, the CLIENT for whom or for whose benefit AMEC's services are rendered. If such a person does not have such authority, he agrees that he is personally liable for all breaches of this Agreement, and that in any such action against him for breach of such warranty, reasonable attorneys' fees and legal costs shall be included in a judgment rendered. 14) ASSIGNMENT. Neither party may delegate, assign, sublet or transfer his duties or interest in this Agreement without the written consent of the other party. 15) CHOICE OF LAWS. This Agreement shall be governed by the laws of the state of the AMEC office that entered into this Agreement. 16) FORCE MAJEURE. Should performance of services by AMEC be affected by causes beyond its reasonable control, including but not limited to: acts of God; acts of a legislative, administrative or judicial entity; ads of contractors other than contractors engaged by AMEC; fires; floods; labor disturbances; unusually severe weather and/or an epidemic; then CLIENT will grant AMEC a time extension and the parties will negotiate an equitable adjustment to the price of any affected services, where appropriate. 17) FIELD REPRESENTATION. Unless otherwise expressly agreed in writing, AMEC shall not be responsible for the safety or direction of the means and methods at the CLIENT's site of contractors or their employees or agents that are not hired by AMEC, and the presence of AMEC at the CLIENT's site will not relieve the contractor of its responsibilities for performing the work in accordance with applicable regulations, or in accordance with project plans and specifications. If necessary, CLIENTwill advise any contractors that AMEC's services are so limited. AMEC will not assume the role of "prime contractor, 'principal contractor", "constructor', "controlling employer", or their equivalents unless the scope of such services are expressly agreed in writing. 18) TERMINATION. This Agreement may be terminated by either party upon ten (10) days written notice to the other. In the event of a termination, Client shall pay for all reasonable charges for work performed and demobilization by AMEC to date of notice of termination. The limitation of liability and indemnity obligations of this Agreement shall be binding notwithstanding any termination of this Agreement. 19) ANTI -BRIBERY. The Parties undertake to protect the standards of business practice of the other Party at all times and to act in such a way as to uphold the good name and reputation of the other Party and not to do or attempt to do any act or thing which is intended to and/or which in fad causes any damage to or brings discredit upon the other Party and, in particular, the Parties will not: (a) Offer or give or agree to give to any director, officer, employee or agent of the other Party or any other entity any gift or consideration of any kind as an inducement or reward for doing or for forbearing to do or for having done or forborne to do any action in relation to the obtaining or execution of any contract or for showing or forbearing to show any favor or disfavor to any person in relation to any contract. (b) Induce or attempt to induce any officer, servant or agent of any private or public body to depart from his duties to his employer nor be involved with any such arrangement. US-8 T&C Rev. 04-13