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HomeMy WebLinkAboutAugust Mack/CRC/7,900/Grain Elevator n � va{alC. 1302 N. Meridian St., Suite 300 August Mack Indianapolis,3117, 1 46202 1L1�9 JIIIR ph: 317.916.8000 � 1: 317.916.8001 E N V I R O N M E N T A L www.augustmack.com December 3, 2012 Mr. Matt Worthley Carmel Redevelopment Commission • 30 W. Main Street, Suite 220 Carmel, IN 46032 Re: Proposal for Residual Grain Elevator Debris Removal Carmel Grain Elevator Demolition 211 2nd St SW Carmel, IN August Mack Proposal Number PM2432.370 Dear Mr. Worthley: August Mack Environmental, Inc. (August Mack) is pleased to provide you with this proposal for removal of residual impacted construction debris associated with the demolition of the Carmel Grain Elevator at 211 2"d St SW in Carmel, Indiana (the "Site"). ACTIVITIES August Mack will conduct disposal activities of remaining residual impacted concrete debris. August Mack will encapsulate remaining pink staining on the concrete ramps with special paint. COST INFORMATION The Time and Materials Cost Estimate complete this scope of work is$7,900. These costs assume: 16 hours of vacuuming residual impacted concrete debris ($4,400) > Encapsulation of ramp ($1,500) Disposal of up to 28 tons of debris ($2,000) Expertise. Inngvation. Commitment. Experience the August Mack difference. Mr.Worthley December 3. 2012 These costs assume that normal conditions are encountered and that August Mack will have access to the Site. Any delays, obstructions or other limitations caused by the client or his agents will result in additional charges to the client. No work beyond what is budgeted above will be performed without your prior approval. If it becomes apparent that additional work is necessary to complete the project, you will be notified and the options to address the situation will be discussed. If you are in agreement with the scope of work and costs presented above and the terms and conditions attached to this proposal, please sign and return one copy of this proposal as your authorization to proceed. We appreciate the opportunity to provide you with this proposal and look forward to working with you on this project. Please contact us if you have any questions or comments regarding this information. Sincerely, xe; Laura Himes, P.E. Senior Manager Accepted by: 1WJ Acknowledging the Attached Terms & Conditions Printed Name: Les <• o i is 14T4 Date: I2 f t O / I Z Please provide proper billing information below: Contact: Company: Address: Phone No.: TERMS AND CONDITIONS DIiIF NI'!'IONS.When used herein,the terms"we","us""August Mack"or"our'refer to August Mack Environmental.Inc.,and the terms"you","your" "he","his","it"and "its"refer to Client. SCOI'Ii OF WORK.Client has requested that August Mack perform the Work as specified in and for the charges set forth in our Proposal'(incorporated by reference in its entirety herein)and as authorized by Client's representative. COMPENSATION. Invoices for service provided are due and payable upon receipt. Balances outstanding more than thirty(30)days after invoice date shall be deemed delinquent and shall be subject to a monthly finance charge of I1/2 percent,court costs,attorney's tees and any other cost of collection incurred by August Mack. RIGHT OF ENTRY AND RIGI IT TO PROCEED. Client grants a right of entry from time to time to August Mack, its agents, staff, consultants, and contractors or subcontractors,for the purpose of performing and with the right to perform all acts,studies,and research including without limitation.the making of tests and evaluations, pursuant to the Work. Client represents that it possesses all permits and licenses required to comply idly with all laws, ordinances and regulations governing the performance ot its activities at the site. To the extent that any of the Work requires access to property owned or controlled by a third part',Client represents that it has obtained all licenses,pemnits,and rights-ot-way necessary to grant August Mack access to such property. STANDARD OF CARE AND WARRANTY.Professional services provided by its will be performed findings obtained and recommendations prepared in accordance with generally accepted engineering principles and practices. THIS WARRANTY IS IN LIEU OF ALL OHIER WARRANTIES.EITHER EXPRESSED OR IMPLIED. INSURANCE. August Mack maintains workers'compensation and employer's liability insurance for our employees as required by state laws. In addition,we maintain comprehensive general liability and auto liability insurance. A Certificate of insurance can be supplied evidencing such coverage. We will not be liable or responsible for any loss,damage,or liability beyond the amounts,limits,coverage,or conditions of such insurance specified above. PROFISSIONAI.LIABILITY.Client acknowledges and agrees that our total aggregate liability to Client or any third party arising from negligent professional acts,errors, omissions or breach of the above described standard ot care and warranty,shall not exceed the amounts,limits,coverage or conditions of our professional liability insurance or our total tee,whichever is less. HAZARDOUS SUBSTANCES AND CONSTITUENTS.Client shall advise us upon execution of this Agreement of any hazardous substances or any condition existing it on or near the site presenting a potential danger to human health,the environment,or equipment. Client shall provide continuing information as is comes available to the attention of Client in the future. liy virtue of entering into this Agreement or of perk mning the lVork hereunder,we do not assure control of or responsibility for the site or the person in charge of the site or for communicating with any federal,state or local public agencies regarding the Work or the site or undertake responsibility for reporting to any federal,state or local public agencies any conditions at the site that may present a potential danger to public health,safety or the environment,including but not limited to spills,releases,or leaks. Client shall bear the sole responsibility for communicating with any federal,state or local public agencies regarding the Work or the site,and for notifying the appropriate federal,state or local public agencies as required by law,or otherwise to disclose,in a timely muumer,any information that nay be necessary to present any danger to health, safety, or the environment, including but not limited to spills, releases and leaks. Client shall indemnify and hold us harmless for the consequences of any communication or reporting by its or by Client to any such public agency. Client shall have sole responsibility for compliance with any and all federal, state or local laws,regulations.guidance or other requirements relating to the handling,treatment storage or disposal of hazardous substances or constituents,and shall have sole responsibility for any and all changed conditions at,or hazardous substances or constituents introduced to the site by Client or any third party before,during or after the completion of the Work described herein. Client shall have sole responsibility for compliance with all applicable laws relating to the handling, removal,transportation, treatment,storage or disposal of hazardous substances or constituents from, to or at the site,and shall indemnify and hold ha rmiless August Klock for any and all liability arising from such action,including but not limited to any allegation that August Mack is an owner,handler,generator,operator,treater,scorer,transpmler,or disposer under the Resource Conservation and Recovery Act of 1976 as amended,the Comprehensive Environmental Response,Compensation,and Liability Act as amended,or any other similar federal,state or local regulation or law. CONTAMINA'T'ED EQUIPMENT.All laboratory and field equipment contaminated in performing the Work which cannot be reasonably decontaminated shall become the property and responsibility of Client. All such equipment shall be delivered to Client for final disposal. Client shall pay all costs associated with the storage,transportation and disposal of such desigma ted equipment. Client agrees to pay the fair market value of any such equipment which cannot reasonably be decontaminated. UNFORESEEN OCCURRENCES.If,during the performance of the Work,any unforeseen hazardous substances or constituents or other unforeseen conditions or occurrences are encountered which, in our sole discretion affect or may affect the Work, the risk involved in performing the Work, or the recommended scope of the Work,we will promptly notify Client thereol. Subsequent to that not itication,August Mack in its sole discretion may: (a) It practicable,complete the original Scope of Services in accordance with the procedures originally intended in the Proposal: (b) Agree with Client to mndily the Scope of Services and the estimate of charges to include work on the previously unforeseen condition or occurrences: (q Terminate the Work as provided herein effective on the date specified by u.. CLAIMS. In the event any third party or employee M Client brings suit or claim for damages against us alleging exposure to or damage from material, elements or constituents at or from Client's tacility before,during, or after the Work performed under this Agreement which is alleged to have resulted in or caused disease or any adverse health condition or resulting in cost for remedial action,=inhabitability of property,or other personal injury or property damage,then:Client shall be liable tor,hold harmless and indemnify us in any such suit or claim of any kind or of any nature whatsoever and pay on our behalf,to the maximum extent permitted by law,any and all damages, Insses,liabilities,obligations, penalties,claims,judgments,costs,disbursements or expenses, including but not limited to attorneys'and experts' fees and other costs,expenses or disbursements,and personnel costs incurred by us as a result of such suit or claim,including any interest thereon. In the event that Client makes a claim against us of any kind or nature whatsoever for any alleged error,omission,or act arising out of the performance of the Work that cannot be mutually resolved sithout resort to litigation,and Client fails to prove such claim,then Client shall pay all costs incurred by us in defending ourselves against the claim,including.but rat limited to attorneys' and experts'fees and other costs,expenses or disbursements,and personnel crisis incurred by us as a result of such claim,including any interest thereon. Client agrees that for the purposes of this Agreement it has failed to prove its claim when the monetary amount awarded to or recovered by it is less than the highest sum offered by us in writing to resolve the matter prior m resolution of the claim. EQUIPMENT.In the event that August black leases certain equipment to Client in order to perform the work contemplated by this Agreement:Client shall be responsible to August Mack for any loss,theft,damage,destruction,or other misuse of that equipment,and shall pat'August Nlack upon written demand,the amount necessary.to repair or replace that equipment. To cover Client's liability to August Mack for such equipment. Client may obtain and maintain appropriate insurance against loss,theft,damage, destruction,or other misuse of suds equipment, which includes August Black as a named insured with a carrier acceptable to us. In the event that any third parry or employee of Client brings suit or makes a claim for damages of any kind or of any nature whatsoever against August Mack arising out of such use of August Mack's equipment,Client shall indemnify and in any such suit or claim and shall pa;on our behalf,to the maximum extent permitted by lase,any and all damages,losses liabilities, obligations, penalties, claims, judgments, costs, disbursements or expenses, including but not limited to attorneys' and experts' fees and other costs, expenses or disbursements,and personnel costs incurred be its as a result of such suit or claim. DOCUMENTS.Client will furnish or cause to he famished such reports,data,studies,plans,specifications,documents and other information deemed necessary by us for proper performance of our services and Client warrants and represents that any such information provided shall not infringe on any' United States or foreign patent, copyright,trade secret or other proprietary right of any third party,and shall hold August Mack harmless and indemnify us for any such infringement. We may rely upon Client-provided documents in performing the services required under this Agreement;however,we assume no responsibility or liability for their accuracy. Client-provided documents will remain property of Client. All documents, including, but not limited to drawings, speciica tics, reports, boring logs, field notes, laboratory test data, calculations and estimates, prepared by us as instruments of service pursuant to this Agreement, shall be our sole properly. Client agrees and acknowledges that all deco ntents of any nature furnished to Client or Client's agents or designees by August Mack shall be treated as confidential, and shall be disseminated only to those employees or agents whose duties justify their need to know such information,unless prior written authorization is obtained from August Mack or disclosure is compelled by a court of competent jurisdiction. Client further agrees that any documents not paid tor,ill be returned to mss upon demand and will not be used by Client tor any purpose whatsoever. Client further agrees that under no circumstances shall any documents produced by us pursuant to this Agreement be used at any location,tor any project or by any person not expressly provided for in this Agreement without our prior written permission. If Client uses all or any of our documents for another project or disseminates our document in violation ot this paragraph. Client shall to the maximum extent permitted by law indemNfv and hold us harniless from any all claims arising from such unauthorized use. Fur th er,no part of any document we deliver to Client shall Iv reproduced or distributed,whether for advertising or any other purpose,without our prior written consent. Ant'such reproduction or distribution shall be at Client's sole risk and without liability or legal exposure to August Mack,and Client shall indemnify'and hold us harmless,to the maximum extent permitted by law,from any and all claims arising trom such unauthorized reproduction or distribution. August Mack has a two(2)year records retention policy and will destroy all project records for all closed and inactive projects that are in excess of three years old. Client shall notify us of any records it chooses or is required to maintain beyond the three-year retention period and we will provide them to the Client for Client's retention. TERMINATION.This Agreement may be terminated by either party for any reason upon 10 days'written notice. Upon termination of this Agreement,August Mack shall he entitled to payment for Work performed up to and including the date the notice of termination is received as well as all reasonable costs of demobilization and closeout of the Work. DUD'TO COOPERATE.the parties agree to provide reasonable access to information regarding the site or the Work performed and to responsible personnel as may be required to address any claim made regarding the Work performed or this Agreements. The parties further agree to provide copies to each other ot any claims,demands or notices from any federal,state or local public agency regarding the Work performed or this Agreement. SEVERARI LI'll'.In the event that any provision herein stall be deemed invalid or unenforceable,the other provisions hereof shall remain in full force and effect,and binding upon the parties hereto. SURVIVAL.All obligations arising prior to the termination of this Agreement and all provisions of this Agreement allocating responsibility or liability between Client and August Mack shall survive the completion of the services and the termination of this Agreement. INTEGRATION.This Agreement and the documents attached hereto and which are incorporated herein constitute the entire Agreement between the parties and cannot he changed except by written instrument signed by both the parties. GOVERNING LAW,VENUE AND JURISDICTION.This Agreement is and shall be deemed to be a contract entered into and made pursuant to the laws of the State of Indiana and shall in all respects be governed,construed,applied and enforced in accordance with the laws of such Stale. Any litigation brought in connection with this Agreement shall be commenced and maintained in the United States District Court for the Southern District of Indiana in Indianapolis,Indiana or the Superior Court of Marion County,Indiana having jurisdiction over the parties and the subject matter of the dispute.