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Williams Creek Consulting, Inc.
Engineering Department 116 Street Cool Creek Bank Stabilization FORM BY: v p
Appropriation #206 -R509; P.O. 21788
Contract Not To Exceed $19,650.00
AGREEMENT FOR PROFESSIONAL SERVICES
THIS AGREEMENT FOR PROFESSIONAL SERVICES "Agreement is hereby made and
entered into by and between the City of Carmel, Indiana, acting by and through its Board of Public Works
and Safety (hereinafter "City and Williams Creek Consulting, Inc. (hereinafter "Professional
RECITALS
WHEREAS City owns and is responsible for the operation and maintenance of its property,
personnel, public works and infrastructure; and
WHEREAS, from time to time, City needs professional assistance in fulfilling its foregoing
responsibilities; and
WHEREAS, Professional is experienced in providing and desires to provide to City the
professional services "Services referenced herein; and
WHEREAS, City desires to engage Professional as an independent contractor for the purpose of
providing to City the Services referenced herein;
NOW, THEREFORE, in consideration of the foregoing recitals and the covenants and conditions
set forth herein, City and Professional mutually agree as follows:
SECTION 1. INCORPORATION OF RECITALS
The foregoing Recitals are hereby incorporated into this Agreement and made a part hereof.
SECTION 2. SCOPE OF SERVICES
2.1 City desires to engage Professional as an independent contractor for the Services set forth in
attached Exhibit A, incorporated herein by this reference.
2.2 Professional understands and agrees that City may, from time to time, request Professional to
provide additional or modified Services to City. When City desires additional Services from
Professional, the City shall notify Professional of such additional Services desired, as well as the
time frame in which same are to be provided. Only after City has approved Professional's time
and cost estimate for the provision of such additional Services, has encumbered sufficient monies
to pay for same, and has authorized Professional, in writing, to provide such additional Services,
shall such Services be provided by Professional to City. A copy of the City's authorization
documents for the purchase of additional Services shall be numbered and attached hereto in the
order in which they are approved by City.
2.3 Time is of the essence of this Agreement.
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Williams Creek Consulting, Inc.
Engineering Department 116 Street Cool Creek Bank Stabilization
Appropriation #206 -R509; P.O. 21788
Contract Not To Exceed $19,650.00
SECTION 3. CITY'S RESPONSIBILITIES
3.1 City shall provide such information as is reasonably necessary for Professional to understand the
Services requested.
3.2 City shall provide all data required for provision of Services. Professional may assume that all
data so provided is correct and complete.
3.3. City shall arrange for Professional to enter upon public and private property as reasonably required
for Professional to perform the Services.
3.4 City shall designate payment of the Services from City budget appropriation number 206 -R509
funds.
3.5 City shall designate the Mayor or his duly authorized representative to act on City's behalf on all
matters regarding the Services.
SECTION 4. PROFES SIONAL'S RESPONSIBILITIES
4.1 Professional shall perform the Services pursuant to the terms of this Agreement and within any
applicable time and cost estimate.
4.2 Professional shall coordinate with City its performance of the Services.
4.3 Professional shall provide the Services by following and applying at all times reasonable and
lawful standards as accepted in the industry.
SECTION 5. COMPENSATION
5.1 Professional estimates that the total price for the Services to be provided to City hereunder shall be
no more than Nineteen Thousand Six Hundred Fifty Dollars ($19,650.00) (the "Estimate
Professional shall submit an invoice to City no more than once every thirty (30) days for Services
provided City during the time period encompassed by such invoice. Invoices shall be submitted on
a form containing the same information as that contained on the Professional Services Invoice
attached hereto as Exhibit B, incorporated herein by this reference. City shall pay Professional for
all undisputed Services rendered and stated on such invoice within sixty (60) days from the date of
City's receipt of same, or be subject to a late charge of one percent (1 of such unpaid and
undisputed invoice amount for each month same remains unpaid.
5.2 Professional agrees not to provide any Services to City that would cause the total cost of same to
exceed the Estimate, without City's prior written consent.
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Williams Creek Consulting, Inc.
Engineering Department 116 Street Cool Creek Bank Stabilization
Appropriation #206 -R509; P.O. 21788
Contract Not To Exceed $19,650.00
SECTION 6. TERM
Unless otherwise terminated in accordance with the termination provisions set forth in Section 7.1
hereinbelow, this Agreement shall be in effect from the Effective Date through December 31,
2009, and shall, on the first day of each January thereafter, automatically renew for a period of one
(1) calendar year, unless otherwise agreed by the parties hereto.
SECTION 7. MISCELLANEOUS
7.1 Termination.
7.1.1 The obligation to provide all or any portion of the Services under this Agreement may be
terminated by City or Professional, without cause, upon thirty (30) days' notice.
7.1.2 The obligation to provide all or any portion of the Services under this Agreement may be
terminated by City, for cause, immediately upon Professional's receipt of City's "Notice
To Cease Services."
7.1.3 In the event of full or partial Agreement termination, and as full and complete
compensation hereunder, Professional shall be paid for all such Services rendered and
expenses incurred as of the date of termination that are not in dispute, except that such
payment amount shall not exceed the Estimate. Disputed compensation amounts shall be
resolved as allowed by law.
7.2 Binding Effect.
City and Professional, and their respective officers, officials, agents, partners and successors in
interest are bound to the other as to all Agreement terms, conditions and obligations.
7.3 No Third Party Beneficiaries.
Nothing contained herein shall be construed to give rights or benefits to anyone other than the
parties hereto.
7.4 Relationship.
The relationship of the parties hereto shall be as provided for in this Agreement, and neither
Professional nor any of its agents, employees or contractors are City employees. Professional shall
have the sole responsibility to pay to or for its agents, employees and contractors all statutory,
contractual and other benefits and /or obligations as they become due. Professional hereby warrants
and indemnifies City for and from any and all costs, fees, expenses and /or damages incurred by
City as a result of any claim for wages, benefits or otherwise by any agent, employee or contractor
of Professional regarding or related to the subject matter of this Agreement. This indemnification
obligation shall survive the termination of this Agreement.
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Williams Creek Consulting, Inc.
Engineering Department 116` Street Cool Creek Bank Stabilization
Appropriation #206 -R509; P.O. 21788
Contract Not To Exceed $19,650.00
7.5 Insurance.
Professional shall procure and maintain with an insurer licensed to do business in the State of
Indiana such insurance as is necessary for the protection of City and Professional from all claims
under workers' compensation, occupational disease and /or unemployment compensation acts,
because of errors and omissions, because of bodily injury, including, but not limited to, the
personal injury, sickness, disease, or death of any of Professional's employees, agents or
contractors and /or because of any injury to or destruction of property, including, but not limited to,
any loss of use resulting therefrom. The coverage amounts shall be no less than those amounts set
forth on attached Exhibit C. Such insurance policies shall not be canceled without thirty (30)
days' prior written notice to City.
7.6 Liens.
Professional shall not cause or permit the filing of any lien on any of City's property. In the event
such a lien is filed and Professional fails to remove it within ten (10) days after the date of filing,
City shall have the right to pay or bond over such lien at Professional's sole cost and expense.
7.7 Default.
In the event Professional: (a) repudiates, breaches or defaults under any of the terms or conditions
of this Agreement, including Professional's warranties; (b) fails to perform the Services as
specified; (c) fails to make progress so as to endanger timely and proper completion of the
Services and does not correct such failure or breach within five (5) business days after receipt of
notice from City specifying same; or (d) becomes insolvent, files, or has filed against it, a petition
for receivership, makes a general assignment for the benefit of creditors or dissolves, each such
event constituting an event of default hereunder, City shall have the right to terminate all or any
part of this Agreement, without liability to Professional and to exercise any other rights or
remedies available to it at law or in equity.
7.8 Government Compliance.
Professional agrees to comply with all laws, executive orders, rules and regulations applicable to
Professional's performance of its obligations under this Agreement, all relevant provisions of
which being hereby incorporated herein by this reference, to keep all of Professionals' required
professional licenses and certifications valid and current, and to indemnify and hold harmless City
from any and all losses, damages, costs, liabilities, damages, costs and attorney fees resulting from
any failure by Professional to do so. This indemnification obligation shall survive the termination
of this Agreement.
[Z :\E Bass My Documoou\Professional Savices\ENGINEERING\20 111 \WILLIAMS CREEK CONSULTING Prof Serv.doc.41 /2010 11:24 AM]
Williams Creek Consulting, Inc.
Engineering Department 116 Street Cool Creek Bank Stabilization
Appropriation #206 -R509; P.O. 21788
Contract Not To Exceed $19,650.00
7.9 Indemnification.
Professional shall indemnify and hold harmless City and its officers, officials, employees and
agents from all losses, liabilities, claims, judgments and liens, including, but not limited to, all
damages, costs, expenses and attorney fees arising out of any intentional or negligent act or
omission of Professional and /or any of its employees, agents or contractors in the performance of
this Agreement. This indemnification obligation shall survive the termination of this Agreement.
7.10 Discrimination Prohibition.
Professional represents and warrants that it and each of its employees, agents and contractors shall
comply with all existing and future laws prohibiting discrimination against any employee,
applicant for employment and /or other person in the subcontracting of work and /or in the
performance of any Services contemplated by this Agreement with respect to hire, tenure, terms,
conditions or privileges of employment or any matter directly or indirectly related to employment,
subcontracting or work performance hereunder because of race, religion, color, sex, handicap,
national origin, ancestry, age, disabled veteran status or Vietnam era veteran status. This
indemnification obligation shall survive the termination of this Agreement.
7.11 Severability.
If any provision of this Agreement is held to be invalid, illegal or unenforceable by a court of
competent jurisdiction, that provision shall be stricken, and all other provisions of this Agreement
that can operate independently of same shall continue in full force and effect.
7.12 Notice.
Any notice, invoice, order or other correspondence required or allowed to be sent pursuant to this
Agreement shall be written and either hand delivered or sent by prepaid U.S. certified mail, return
receipt requested, addressed to the parties as follows:
CITY:
City of Carmel Douglas C. Haney
Engineering Department Carmel City Attorney
One Civic Square One Civic Square
Carmel, Indiana 46032 Carmel, Indiana 46032
ATTENTION: Michael McBride, City Engineer
PROFESSIONAL:
Williams Creek Consulting, Inc.
Babeca Building
919 North East Street
Indianapolis, Indiana 46202
ATTENTION:
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Williams Creek Consulting, Inc.
Engineering Department 116` Street Cool Creek Bank Stabilization
Appropriation #206 -R509; P.O. 21788
Contract Not To Exceed $19,650.00
Notwithstanding the above, City may orally provide to Professional any notice required or
permitted by this Agreement, provided that such notice shall also then be sent as required by this
paragraph within ten (10) business days from the date of such oral notice.
7.13 Effective Date.
The effective date "Effective Date of this Agreement shall be the date on which the last of the
parties hereto executes same.
7.14 Governing Law; Lawsuits.
This Agreement shall be governed by and construed in accordance with the laws of the State of
Indiana, except for its conflict of laws provisions, as well as by all ordinances and codes of the
City of Carmel, Indiana. The parties agree that, in the event a lawsuit is filed hereunder, they
waive any right to a jury trial they may have, agree to file such lawsuit in an appropriate court in
Hamilton County, Indiana only, and agree that such court is the appropriate venue for and has
jurisdiction over same.
7.15 Waiver.
Any delay or inaction on the part of either party in exercising or pursuing its rights and /or
remedies hereunder or under law shall not operate to waive any such rights and /or remedies nor in
any way affect the rights of such party to require such performance at any time thereafter.
7.16 Non Assignment.
Professional shall not assign or pledge this Agreement nor delegate its obligations hereunder
without City's prior written consent.
7.17 Entire Agreement.
This Agreement contains the entire agreement of and between the parties hereto with respect to the
subject matter hereof, and no prior agreement, understanding or representation pertaining to such
subject matter, written or oral, shall be effective for any purpose. No provision of this Agreement
may be amended, added to or subtracted from except by an agreement in writing signed by both
parties hereto and /or their respective successors in interest. To the extent any provision contained
in this Agreement conflicts with any provision contained in any exhibit attached hereto, the
provision contained in this Agreement shall prevail.
7.18 Representation and Warranties.
Each party hereto represents and warrants that it is authorized to enter into this Agreement and that
any person or entity executing this Agreement on behalf of such party has the authority to bind
such party or the party which they represent, as the case may be.
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Williams Creek Consulting, Inc.
Engineering Department 116 Street Cool Creek Bank Stabilization
Appropriation #206 -R509; P.O. 21788
Contract Not To Exceed $19,650.00
7.19 Headings.
All headings and sections of this Agreement are inserted for convenience only and do not form a
part of this Agreement nor limit, expand or otherwise alter the meaning of any provision hereof.
7.20 Advice of Counsel.
The parties warrant that they have read this Agreement and fully understand it, have had an
opportunity to obtain the advice and assistance of counsel throughout the negotiation of same, and
enter into same freely, voluntarily, and without any duress, undue influence or coercion.
7.21 Copyright.
City acknowledges that various materials which may be used and /or generated by Professional in
performance of Services, including forms, job description formats, comprehensive position
questionnaire, compensation and classification plan and reports are copyrighted. City agrees that
all ownership rights and copyrights thereto lie with Professional, and City will use them solely for
and on behalf of its own operations. City agrees that it will take appropriate action with its
employees to satisfy its obligations with respect to use, copying, protection and security of
Professional's property.
7.22 Personnel.
Professional represents that it has, or will secure at its own expense, all personnel required in
performing the services under this agreement. Such personnel shall not be employees of or have
any contractual relationship with City. All of the services required hereunder will be performed
by Professional or under his supervision and all personnel engaged in the work shall be fully
qualified to perform such services.
7.23 Records and Inspections
Professional shall maintain full and accurate records with respect to all matters covered under this
agreement for three (3) years after the expiration or early termination of this agreement. City shall
have free access at all proper times to such records and the right to examine and audit the same
and to make transcripts there from, and to inspect all program data, documents, proceedings and
activities.
7.24 Accomplishment of Project
Professional shall commence, carry on, and complete the project with all practicable dispatch, in a
sound economical and efficient manner, in accordance with the provisions thereof and all
applicable laws. In accomplishing the project, Professional shall take such steps as are appropriate
to ensure that the work involved is properly coordinated with related work being carried on within
City's organization.
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Williams Creek Consulting, Inc.
Engineering Department 116 Street Cool Creek Bank Stabilization
Appropriation #206-R509; P.O. 21788
Contract Not To Exceed $19,650.00
IN WITNESS WHEREOF, the parties hereto have made and executed this Agreement as follows:
CITY OF CARMEL, INDIANA WILLIAMS CREEK CONSULTING, INC.
by and through its Board of Public
Works and Safety
BY: BY:
ail
James Brainard, Presiding Officer Authorized Signature
Date: p n
Printed Name: 1 ,\€.-1 ►v t k 13. `NYS
Mary Burke, Mem er Title: kin r1 C 1 pCL\
Date: �L�
FID/TIN: 3L 449 8
if
Lori S. Wats. ember SSN if Sole P pri tor:
Date: 4/ `i I p Date: 17
ATT
Diana Cordray, IAMC! lerk- Treasurer
Date:
LIE Ba.aly D.IV'TcoINro/POLOII STvccALNGIN'EERVGQ01(M 1111AMS CAM COYSVLTIKO Prof Smdak 38 (/101011:14 AM)
WILLIAMS C REEK
CONSULiIXG
Corporate 8 March 2010
Babeca Building Revised 30 March 2010
919 North East Street
Indianapolis, IN 46202 Mr. John Thomas
City of Carmel
Ohio One Civic Square
247 East Livingston Ave Carmel, Indiana 46032
Suite B
Columbus, OH 43215 Re: Natural Resource Consultation Services
116th Street Cool Creek Bank Stabilization Hamilton County, Indiana
Missouri
7211 Manchester Ave Dear Mr. Thomas:
St. Louis, MO 63143
Williams Creek Consulting, Inc. (WCC) appreciates the opportunity to provide a quote for professional
consultation to the City of Carmel (CLIENT) related to completing the requested Natural Resource
1- 877 668 -8848 Consultation Services for the property located east of the 116t Street and Gray Road intersection
info @williamscreek.net (SITE) in Carmel, Indiana.
www.williamscreek.net
SCOPE OF SERVICES
WCC proposes to assist CLIENT in completing the requested Natural Resource Consultation Services
for the SITE. WCC will specifically provide for the SITE a wetland(s) and jurisdictional 'waters of the
U.S." or "waters of the State" assessment letter report and prepare the necessary Indiana Department
of Environmental Management (IDEM) and United States Army Corps of Engineers (USACE) permits in
order to allow stream bank stabilization,
PHASE 1: Natural Resource Assessment
WCC will complete a Natural Resource Assessment Letter Report of the SITE using the current
practices acceptable by the U.S. Army Corps of Engineers (USACE) and based upon the 1987 Wetland
Delineation Manual and Interim Regional Supplement to the Corps of Engineers Wetland Delineation
Manual: Midwest Region in order to provide the CLIENT with a comprehensive, professional report.
Desktop Review
WCC will gather and review all pertinent information for the project collected from the CLIENT and any
stakeholders. Prior to performance of a SITE visit, WCC will conduct a detailed desktop assessment to
review necessary and readily available information:
O Endangered, Threatened, or Rare (ETR) Species Investigation of flora and fauna including a
database search of U.S. Fish and Wildlife information and the Indiana Department of Natural
Resources for ETR species documented within one -mile of the SITE.
7 u '9
EXHIBIT
Significant Natural Resource Surface Features such as the National Wetland Inventory, USGS topographic
survey, NRCS Soil Map, FIRM Map and aerial photographs.
Field Reconnaissance
WCC will visit the SITE and perform wetland(s) delineation and other jurisdictional "waters" assessment of the SITE.
WCC will delineate the boundaries of any existing wetland(s) and /or identify "waters" with flagging. Following completion
of the fieldwork, WCC will delineate the boundaries with flagging and survey the wetlands in the field using GPS
equipment. A map of the delineated wetlands and /or identified 'waters" will be generated in a digital format and
incorporated into the final report.
'Please note: The fee does not include any necessary surveying required to complete the report. WCC will demarcate the wetland/upland interface
boundary using flagging attached to wooden lathes or to woody vegetation, whichever one Is applicable. The wetland /upland interface boundary survey will
be the responsibility of others and will be overlaid on a scaled SITE plan for the completion of the report. Any additional field visits with regulatory staff
will be outside this agreement, and would be billed at WCC's Standard Hourly Rates.
Report Preparation
A comprehensive and professional report will be generated to provide detailed information and a professional summary of
the following items:
Information regarding listed ETR species in the project area;
Wetland delineation;
Maps (USGS topographic, FIRM Map, USDA Soil Survey, NWI, aerial delineated wetlands);
Photo representation.
Deliverable Materials
(2) Two Bound Copies of Final Letter Report
(1) One Electronic Adobe® Report File
PHASE 2: Data Collection and Analysis
WCC will review available information to obtain SITE specific information to assist in determining methods of bank
stabilization and alternatives for the SITE.
Desktop Review
WCC will gather and review available pertinent information for the project collected from the CLIENT and any
stakeholders. WCC will conduct a detailed desktop assessment to review necessary and readily available information.
Field Reconnaissance
WCC will visit the SITE and collect cross sectional data for the purposes of developing a cross section of the SITE in its
current condition.
WCC anticipates completing (4) four detailed cross sections to supplement regulatory data for required regulatory
permitting. WCC will perform a field evaluation of the existing SITE conditions to determine the appropriate methods to
stabilize the banks of Cool Creek.
'Please note: The fee does not Include a complete topograph!c or boundary survey required of the SITE. Any additional field visits will be outside this
agreement, and would be billed at WCC's Standard Hourly Rates.
PHASE 3: Conceptual Plan and Natural Resource Permitting Assistance
Based on the existing conditions and desktop review, WCC will proceed with development of a Concept Plan for review
with CLIENT. WCC proposes to assist CLIENT in completing notification letters and supporting documents required for
"Clean Water... Naturally" t
99
a IBIT
IDEM and USACE submittal for implementation of the concept plan. Furthermore, WCC will coordinate with the IDNR
Division of Water to acquire obtainment of an emergency bank stabilization permit. Supporting materials will include
description of proposed activity, typical cross sections of stabilization activities, plan views of the project area, and a
vicinity map.
'Please note: WCC assumes that suitable topographic data will be provided by CLIENT in electronic format If additional topographic data is required for
development of bank stabilization design, WCC will submit a separate SCOPE OF SERVICES.
"Please note: Stream bank stabilization design will be suitable for permit obtainment and design-build purposes. Construction documents can be
prepared and would be billed at WCC's Standard Hourly Rates.
"'Please note: WCC assumes permitting for Construction in the Floodway from the IDNR will not be required for emergency stabilization. Construction in
a Floodway permitting assistance will be considered out of scope and WCC will provide CLIENT with a CHANGE ORDER to complete those services.
Deliverable Materials
(1) One Hard Copy of Regulatory Submittal Documents
(1) One Electronic Adobe® Report File Regulatory Submittal Documents
SCHEDULE
WCC proposes to begin work on this project upon receipt of CLIENT's written authorization to proceed. If any additional
services are needed or requested, or if the project delays outside of the control of WCC occur, the schedule may be
adjusted. WCC anticipates no more than 30 days to complete the final report and conceptual design and submit to the
agencies. Permit review by the agencies can take up to 45 days from submittal if necessary.
ADDITIONAL SERVICES
PHASE 4: Construction Documents
Upon completion of the PHASE 3 and if requested by CLIENT following review by concemed entities, WCC will complete
the bioengineered Construction Documents for public bidding purposes. WCC will provide pertinent Specifications as
required by CLIENT.
'Please note: WCC has NOT Included plan reproduction for public bid within PHASE 4.
PHASE 5: Bid and Construction Administration
Upon CLIENT request, WCC will provide professional Construction Administration services. Tasks to be performed as
part of PHASE 5 are the following:
Attendance at Pre -Bid Meeting with interested contractors;
Provide written answers to written contractor questions;
Contractor bid review and comment to CLIENT;
On -Call for CLIENT questions during construction, including up to three (3) on -SITE meetings as necessary.
Please note: WCC assumes CLIENT will provide daily construction inspection; construction inspection is not included within PHASE 5.
"Clean Water... Naturally" "EXHIBIT 99
COMPENSATION
PHASE SCOPE OF SERVICES Est. Fee Fee Basis
1 Natural Resource Assessment $2,000.00 Lump Sum
2 Data Collection and Analysis 3,850.00 Lump Sum
3 Conceptual Plan and Natural Resource Permitting Assistance 7,800.00 Lump Sum
PHASE ADDITIONAL SERVICES Est. Fee Fee Basis
4 Construction Documents $4,000.00 Lump Sum
5 Bid and Construction Administration $2,000.00 Lump Sum
WCC appreciates the opportunity to be of continued service to the City of Carmel and looks forward to working on this
project. If you have any questions or comments concerning the SCOPE OF SERVICES, please contact Ted Blahnik or
me. Otherwise, please sign and return the attached Services Agreement as authorization to proceed.
Best regards
Williams C -ek Iti 9' nc.
Neil B. Myer
Principal cretary
Ex 'tA
Professional Labor Hourly Rate
Principal $212.00
Associate Principal $162.00
Level V $132.00
Level IV $102.00
Level III 92.00
Level II 82.00
Level I 72.00
Intern 42.00
Professional Expenses
Mileage 0.50 per mile
Reimbursable Items 1.10 times direct cost or per quote
Materials 1.10 times direct cost or per quote
Equipment Rental 1.10 times direct cost or per quote
*Please note: These rates are for the 2010 calendar year and are subject to change
"Clean Water... Naturally"
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