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HomeMy WebLinkAboutAugust Mack/CRC/co 1 thru 4/Legal Opinion/grain elevator Haney, Douglas C From: Haney, Douglas C Sent: Thursday, July 11, 2013 12:40 PM To: Olds, Les Cc: Sheeks, Cindy L Subject: CRC August Mack Environmental Invoice Nos. 42215 ($6,578.70) and 41537 ($1,326.13) Mr. Olds: You have asked me to review the referenced change order invoices to ensure that their payment complies with Indiana law. It is my opinion that they do. These invoices pertain to unanticipated additional work involved with the residual clean-up (and IDEM coordination and reporting) of the old grain tower the City recently demolished, wherein certain unknown substances were discovered that resulted in IDEM involvement. Pursuant to Indiana Code 36-1-12-18, the payment of Invoice 41537 is permitted because it, along with all previous change orders, do not exceed 20%of the amount of the original contract. This is also true for all but$2,457.02 of Invoice 42215. As for the remainder of this invoice, its payment is permitted pursuant to Indiana Code 36-1-12-18(d), because it pertains to work that was not reasonably foreseen when this contract was let. (This is also true for Invoice 41537 and for that portion of Invoice 42215 that is payable under the "20%of original contract" change order rule). Therefore, both of these invoices can and should be paid in full under Indiana law. I am copying Cindy Sheeks on this e-mail so that she can include this legal opinion in her file as regards these payments. Douglas Haney Carmel City Attorney • i s• 1302 N. Meridian St., Suite 300 'r .. August Mack Indiana: 3l17, 1N .8002 l�/� ph: 317.916.8000 I f: 317.916.8001 8NVIHVNMBnTnL www.augustmack.com • Carmel Grain Elevator Project J1- ; Financial Summary June 6, 2013 Work during demolition: Authorized = $14,820.00 Proposal #PM1980.370 (Project#JM1183.320) • Dated 9/28/12 ¢- • $11,560 Proposal #PM1464.320 • Dated 8/6/12 • $3,260 Invoiced - Total invoiced= $17,207.90 { • Invoice #40240 (8/12) = $1,344.26 (paid) • Invoice #40451 (9/12) = $2,375.03 (paid) • Invoice #40624 (10/12) = $10,415.97 (paid) • Invoice #41181 (12/12)= $3,072.64 (paid) Amount invoiced (&paid) over authorized amount= $27387490 Residual cleanup & IDEM coordination/reporting: Authorized = $15,150.00 Proposal #PM2432.370 (Project # N0188.370 ) • Dated 12/3/12 • $7,900 Change Order#JN0188.370-1 • Dated 3/12/13 • $3,800 Change Order #JN0188.370-2 • Dated 4/19/13 • $3,450 • Invoiced - Total invoiced to date= $12,732.19 • Invoice #41537 (2/27/13) = $6,153.49 (paid $4,827.36) o Balance Due invoice (2/27/13) = $1,326.13 • Invoice #42215 (5/31/13) = $6,578.70 o ' Amount invoiced under authorized amount=$2; 1-7s81, Total for Grain Elevator Projects: • Total authorized =$29,970.00 • Total invoiced to date = $29,940.09 : .,.�. • Total paid to date= $22,035.26 • Total outstanding = $7,904.83 Frpertise. Innovation. Commitment. • Experience the August Mack difference. ® 1302 N. Meridian St., Suite 300 August Mack Indianapolis, IN 46202 ph: 317.916.8000 ENVIR O N M E R TA I, www.augustmack.com Matt Worthley May 31, 2013 Carmel Redevelopment Commission Project No: JN0188.370 30 West Main Street Invoice No: 42215 Suite 220 Carmel, IN 46032 Residueal Grain Elevator Debris Carmel, IN Professional Services from February 18, 2013 to May 12, 2013 Professional Personnel Hours Rate Amount Senior Level 9.00 150.00 1,350.00 Staff Level 9.75 95.00 926.25 Field Level 2.25 50.00 112.50 Supervisor/Operator/Driller 14.00 65.00 910.00 Totals 35.00 3,298.75 Total Labor 3,298.75 Consultants Materials & Supplies 2,595.37 Rental Equip 109.78 Waste Disposal & Trans 132.50 Total Consultants 1.15 times 2,837.65 3,263.30 Unit Billing Company Vehicle Mileage 30.0 Miles @ 0.555 16.65 Total Units 1.0 times 16.65 16.65 Total this Invoice $6,578.70 DUE UPON RECEIPT Monthly finance charge of 1 1/2%will accrue after 30 days. ® 1302 N. Meridian St., Suite 300 August Mack Indianapolis, IN 46202 ph: 317.916.8000 f:5 V I R 0 i U E 5 T 6 www.augustmack.com Matt Worthley February 27, 2013 Carmel Redevelopment Commission Project No: JN0188.370 30 West Main Street Invoice No: 41537 Suite 220 Cannel, IN 46032 Residueal Grain Elevator Debris Carmel, IN Professional Services from January 21,2013 to February 17, 2013 Professional Personnel Hours Rate Amount Senior Level 2.75 150.00 412.50 Project Manager .50 115.00 57.50 Staff Level 4.50 95.00 427.50 Field Services Manager 6.00 85.00 510.00 Supervisor/Operator/Driller 11.50 65.00 747.50 Totals 25.25 2,155.00 Total Labor 2,155.00 Reimbursable Expenses Materials&Supplies 331.17 Rental Equip 485.78 Waste Disposal&Trans 2,660.00 Total Reimbursables 1.15 times 3,476.95 3,998.49 Total this Invoice 6,153.49 Payment 14,827.36j Balance Due $1,326.13 DUE UPON RECEIPT Monthly finance charge of 1 1/2%will accrue after 30 days. ® 1302 N. Meridian St., Suite 300 2 August Mack Indianapolis,0 : 17 1 .8N 001 ph: 317.916.8000 � f: 317.916.8001 BNVIRONMBNTAL www.augustmack.com September 28, 2012 Mr. Matt Worthley Carmel Redevelopment Commission 30 W. Main Street, Suite 220 Carmel, IN 46032 Re: Proposal for Grain Elevator Debris Removal Oversight Carmel Grain Elevator Demolition 211 2nd St SW Carmel, IN August Mack Proposal Number PM1980.370 Dear Mr. Worthley: August Mack Environmental, Inc. (August Mack) is pleased to provide you with this proposal for construction debris removal oversight associated with the demolition of • the Carmel Grain Elevator at 211 2nd St SW in Carmel, Indiana (the "Site"). ACTIVITIES August Mack will conduct oversight of disposal activities to verify accordance with the approved Work Plan. Oversight activities include: > Field oversight of concrete debris disposal; > Real time dust monitoring; and, > Collect and analyze dust samples for methoxychlor. COST INFORMATION The Time and Materials Cost Estimate complete this scope of work is $11,560. These costs assume that normal conditions are encountered and that August Mack will have access to the Site. Laboratory costs assume standard turnaround. 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. A breakdown of the costs is provided in the following table. Expertise. Innquation. Commitment. Experience the August Mack difference. Mr. Worthley September 28, 2012 Activity Estimated Cost Site Kick-off Meeting, Preparation, & Communication & site $3,000 visits prior to concrete debris removal Oversight of Concrete Debris Removal (assuming 4 days) $6,060 Real-time dust monitoring equipment $1,500 Laboratory Analysis (dust analysis for methoxychlor- assuming 5 $1,000 samples) • Estimated•Project Total ` , $11,56.0. . 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, loo:44) Laura Himes Wehnemaf nY'� Senior Manager C�s� Accepted by: Acknowledging the Attached Terms &Conditions Printed Name: Le 7 • old5 r ATA Date: io/ l / t Z Please provide proper billing information below: Contact: Company: Address: Phone No.: u oust. \lick STANDARD FEE SCHEDULE Effective May 2012 Labor Classification Rate/Hour Principal $225.00 Senior Manager $150.00 Senior Technical $150.00 Project Manager $115.00 Staff Scientist/Geologist/Chemist/Engineers $95.00 Field Services Manager $85.00 Field Scientist/Geologist/Chemist $70.00 Supervisor/Operator/Driller $65.00 CADD Draftsman $65.00 Field Technician/Drill Helper $50.00 Administrative Personnel $45.00 Outside Professional/Service Cost+ 15% Subcontractors Cost+ 15% *Rates for expert testimony (via deposition or courtroom appearances)are 1.5 times the listed rate. • TERMS AND CONDITIONS DEFINITIONS.When used herein,the terms"we","us""August Mack"or"out'refer to August Mack Environmental.Inc.,mid the terms"you","your","he","his","it"and "its"refer to Client. SCOPE 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 services 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 11/2 percent,court costs,attorney's fees and any other cost of collection incurred by August Mack. RICHT OF ENTRY AND RINI 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 fully with all laws, ordinances and regulations governing the performance of its activities at the site. To the extent that any of the Work requires access to property owned or controlled by a third patty,Client represents that it has obtained all licenses,permits,and rights-of-way necessary to grant August Mack access to such property. STANDARD OF CARE AND WARRANTY.Professional services provided by us will be performed findings obtained and recommendations prepared in accordance with generally accepted engineering principles and practices. THIS WARRANTY IS IN LIEU OF ALI,OTHER 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. PROFESSIONAL LIABILITY.Client acknowledges and agrees that our total aggregate liability to Client or any third patty arising from negligent professional acts,errors, omissions or breach of the above described standard of care and warranty,shall not exceed the amounts,limits,coverage or conditions of our professional liability insurance or our total fee,whichever is less. HAZARDOUS SUBSTANCES AND CONSTITUENTS.Client shall advise us upon execution of this Agreement of any hazardous substances or any condition existing in,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. By virtue of entering into this Agreement or of performing the Work hereunder,we do not assume 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 finely manner,any information that may 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 us 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 CO 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 harmless August Mack 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,storer,transporter,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. CONTAMINATED 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 designated 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 thereof. Subsequent to that notification,August Mack in its sole discretion may: (a) If practicable,complete the original Scope of Services in accordance with the procedures originally intended in the Proposal: (b) Agree with Client to modify the Scope of Services and the estimate of charges to include work on the previously unforeseen conditions or occurrences: (Cl Terminate the Work as provided herein effective on the date specified by us. CLAIMS. In the event any third party or employee of Client brings suit or claim for damages against us alleging exposure to or damage from material, elements or constituents at or from Client's facility 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,uninhabitabilitv of property,or other personal injury or property damage,then:Client shall be liable for,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,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 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 without 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 not limited to attorneys' and experts'fees and other costs,expenses or disbursements,and personnel costs 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 to resolution of the claim. EQUIPMENT.In the event that August Mack 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 pay August Mack 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 such equipment, which includes August Mack 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 pay on our behalf,to the maximum extent permitted by law,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 by us as a result of such suit or claim. DOCUMENTS.Client will furnish or cause to be furnished 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 am' United States or foreign patent, copyright,trade secret or other proprietary right of any thud party,and shall hold August Mack harmless and indemnify us for any such infringement. We may rely upon Ghent-provided documents In perfDrnhing 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, specifications,reports, boring logs, field notes, laboratory test data, calculations and estimates, prepared by us as instruments of service pursuant to this Agreement, shall he our sole property. Client agrees and acknowledges that all documents 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 for will be returned to us upon demand and will not be used by Client for 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 pemmission. If Client uses all or any of our documents for another project or disseminates our documents in violation of this paragraph. Client shall to the maximum extent permitted by law indemnify and hold us harmless from any all claims arising from such unauthorized use. Further,no part of any document we deliver to Client shall be reproduced or distributed,whether for advertising or any other purpose,without our prior written consent. Any 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 from 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 i 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 be 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. DUTY 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 of any claims,demands or notices from any federal,state or local public agency regarding the Work performed or this Agreement. SEVERABILITT'.In the event that any provision herein shall 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 be 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 State. 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. 1302 N. Meridian St., Suite 300 Indianapolis,IN 46202 AugusL_viack ph: 317.916.8000 I f:: 317.916.8001 • v www.augustmaciccom August 6,2012 Mr.Matt Worthley Carmel Redevelopment Commission 30 W. Main Street,Suite 220 Carmel, IN 46032 Re: Proposal for Waste Characterization for Disposal Sampling Carmel Grain Elevator Demolition 2112adStSW Cannel,IN August Mack Proposal Number PM1464.320 1 Dear Mr.Worthley: August Mack Environmental, Inc. (August Mack) is pleased to provide you with this proposal for sampling and analysis of visually dean construction debris associated with the demolition of the Carmel Grain Elevator at 211 2nd St SW in Carmel, Indiana (the "Site"). As part of the removal and disposal of the debris,waste characterization must be conducted to determine proper disposal of the material. n t SAMPLING &ANALYSIS ACTIVITIES August Mack proposes to: YYY • Collect and analyze one (1) sample of visually clean material (non-pink concrete debris) to verify it does not exhibit chemical concentrations in excess of the Toxicity Characteristic Regulatory Thresholds(RI). • Collect and analyze one (1) sample of visually contaminated material (pink concrete debris) to verify it does not exhibit chemical concentrations in excess of the Toxicity Characteristic RT. The collected samples will be submitted to Pace Analytical Laboratories (Pace) and analyzed by Toxicity Characteristic Leaching Procedure (TCLP) for volatile organic compounds (VOCs), semi-volatile organic compounds (SVOCs), Metals, and Herbicides/Pesticides. As discussed with the IDEM, August Mack intends to have these samples collected prior to the removal activities. August Mack will provide waste characterization data to Casey-Bertram. August Mack will provide all laboratory data to IDEM and CRC following receipt. .a,. Expertise. Innovation. Commitment. Experience the August Mack difference. Mr.Worthley August 6,2012 During August Mack's August 3, 2012 call with the IDEM, IDEM expressed concern that a representative sample be taken for the methoxychlor TCLP analysis and IDEM wanted verify the piece of concrete to be analyzed is visibly covered with the pink stuff as much as possible. IDEM also wants to see the sampling location prior to the sample being collected. August Mack offered to send the IDEM pictures of the sampling area and sample piece of concrete prior to submitting it for analysis. The IDEM indicated this may work although they requested the possibility of wanting to be onsite during sampling activities. Given the nature of the debris piles, it is unknown if August Mack will be able to safely collect an "impacted" concrete prior to work commencing. The "impacted" concrete will need to be analyzed prior to disposal. COST INFORMATION The Time and Materials Cost Estimate complete this scope of work is $3,260. These costs assume that normal conditions are encountered and that August Mack will have access to the Site. Laboratory costs assume standard turnaround. 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. A breakdown of the costs is provided in the following table. y6E_stimate_dACo } Mobilization & Sampling Activities (Assumes up to 2 site visits if necessary) • One Sample of visually"clean" debris will be collected $1'190 • One Sample of visually "impacted" debris wiltbe collected Laboratory Analysis • Two samples will be analyzed for VOCs,SVOCs, Metals and $2,070 Pesticides Estimated Project Total $3;260 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. Mr.Worthley August 6,2012 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, Laura Himes Wehneman Senior Manager Accepted by: Acknowledging the Attached Terms &Conditions Printed Name: Le S O ids Date: g/:6) IZ Please provide proper billing information below: Contact Company: Address: Phone No.: 3 TERMS AND CONDITIONS DEFINITIONS When used herein,the terms'we,"us"'August Mack'or"our'refer la August Mack Environmental Inc.,and the terns"you',-your,"he',"his",wr and "its'refer hoClimt SCOPE OP 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 entirely herein)and as authorized by Client's representative. COMPENSATION.Invokes for services provided are due end payable upon receipt. Balances outstanding more than thirty(30)days after invoice date shell be deemed delinquent and shall be subject toe monthly finance charge of 11/2 percent court routs,attomry's fees and any Otter cost of collection incurred by August Mack. RIGHT OP ENTRY AND RIGHT 70 PROCEED.dims grants a right of miry ham time to time to August Mack Its agents, staff, cmsullants, and contractors or subconntractor&for the purpose of performing and with the right to perform all act,studies,and research Including without limitation,the nuking of testa end evaluations, pursuant to the Work Client represents that it possesses all permits and hcehses required to comply hilly with all laws,ordinances and regulations governing the performerre of its ecdvibes al the situ. To the extent that any of the Work requires access to property owned or controlled by a third party,Client represent)that it has obtained all basses,permits,and rights-of-way necessary to grant August Mock aces to such property STANDARD OF CARE AND WARRANTY.Professional services provided by us will be performed findings obtained and recommendations prepared In accordance with generally accepted engineering principles and practices THIS WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES.EITHER EXPRESSED OR IMPlED. INSURANCE August Mack maintains workers'compensation and employer's liability insurance for our employees as required by slate laws. In addition we maintain comprehensive general liability and auto liability insurance A Certificate of insurance ran 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 insure:sce specified above. PROFESSIONAL LIABILITY-dims acknowledges and agrees that our total aggregate liability to Client or any third party arising from negligent professional acts,vuors omissions or breach of the above described standard of core and warranty,shall not exceed the amounts,Emits,coverage or conditions of Our professional liability insurance or our total In whichever is lei HAZARDOUS SUBSTANCES AND CONSTITUENTS.Client shall advise us upon execution of this Agreement of any hazardous substances or any condition existing in 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 ofClient In the future. By virtue of entering into this Agreement or of performing the Work hereunder,we do not assume control of or respemsibililv fro the sin or the person in charge of the site CO for communicating with any federal,state or local public agencies regarding the Work or the site or Undertake responsibility la reporting to any federal,state or local public agencies any conditions et the site that may present a potential danger to public Meath,safety or the environment including but not limited to spills,releases,or leaks. Client shell bear the sole responsibility for contmurunting with any federal,state or local public agencies regarding the Work or the site,and for notifying the appropriate federal,state a local public agenda as required by law,or otherwise to disclose,In a timely manner,any Information that may be necessary to present any danger to health,safety,or the environment including but not limited la spills,releases and leaks. Client shall indemnify and hold us harmless for the consequences of any communintion or reporting by us or by Client to any such public agency. Client shall have sole responsibility for compliance with any and all federal, slate or local laws,regulations,guidance or other requirenhmm relating to the handling,treatment,storage or disposal of handout substances or continents,and shall have sole responsibility for any and all changed conditions at,or hazardous substances or Mtn Winn"introduced to the site by Client or any third party before,during nr after the completion of the Work described herein Client shall have sale responsibility for compliance with at applicable laws relating to the handling.removal,harnpartatial treatment,storage or disposal of hazardous substances or constituents front to or at the site,and shall indemnify nify and hold harmless August Mark for any and at liability arising from such action ishcluding but not limited to any allegation that August Mack is an owner,handler,generator,operator,triter,storm,transporter,or disposer under the Resource Conservation and Recovery ACI of 1976 as amended,the Coinprehencsive Environmental Response,Compensation,and Debility Art as amended,or any other similar federal,state or local regulation or law. CONTAMINATED EQUIPMENT.All laboratory end field equipment contaminated in performing the Work which cannot be reasonably decasamiruted shall become the property and responsibility of Client. All such equipment shall be delivered to diem for final disposal. Client shall pay all cots associated with the storage,transportation and disposal of such designated equipment. Client agrees to pay the fair market value of any such equipment which cannot reasonably be decmnnwuted. 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 thereof. Subsequent to tut notification.August Mack in its sole discretion may: (a) If practicable,complete the original Scope of Services in accordance with the procedures originally intended In the Proposal: (b) Agree with Client to modify the Scope N Services and the estimate of charges to include work an the previously unforeseen conditions or recurrences: l0 Terminate the Work as provided herein effective on the date specified by us. CLAIMS. In the event any Third party or employee of Client brings suit or claim for damages against us alleging exposure to or damage from material,elements or constituents at or from Client's facility before,dosing,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 anion urinhablnbiifty of property,or other pascal injury or property damage,than Client shall be table for.hold harmless and indemnify us in any such soil 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,kisses,liabilities,obligations,penalties,clalme,judgments,costs,disbursements or expenses,including but out limited to attorneys'and experts'fees and other costs,expenses or disbursements,and personnel costs incurred by us as a insult 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 without resort to litigation and Client fails In prove such claim thin Client shag pay all costs incurred by us ou defending ourselves against the dim including,but not limited to attorneys' and expert'fees and other cosle,expenses or disbursements,end personnel costs RCurred by us as a result of such claim,including any interest thereon. Client agree that for the purposes of this Agreement it has failed in prove Its claim when the monetary amount awarded to or recovered by it is less than the highet sum offered by us in writing to resolve the matter prior to resolution of the claim EQUIPMENT.In the event that August Mack leases certain equipment to Client in order to perform the work contemplated by this Agreentenr Client shall be respmmble to August Mack for any loss,theft,damage,destruction,or other misuse of that equipment and shall pay August Mack upon written demand,the amount necessary to repair or replace that equipment. To cove Client's liability to August Mack for such equipment Client may obtain and maintain appropriate insurance against Ion theft,damage, derucdon,or other misuse of such equipment,which includes August Mack as a named insured with a cast acceptable to us. In the event that any third pony or employee of Client brings suit or nukes 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 pay on our behalf.to the maximum extent permitted by law,any and all damages,losses liabilities, pegs tiam, pealties, claims, judgments, costs, disbursements or expense, including but not limited to attorneys' and experts' fees and other rose expenses or disbursements,and personnel costs incurred by us as a result of such suit or dales DOCUMENTS Client will furnish or muse In be furnished such reports,data,studies,plans specifications,documents and other information deemed necessary by us for proper performance of our services and Client warrants end represents that any such btfomaonn provided shall not infringe on any United Stales or foreign patent copyright,trade secret or other proprietary right of any third party,and shrill 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 Inn their accuracy. Client-provided documents will remain property of Client. All documents,including,but not limited to drawings,specification,reports,boring lop,held notes laboratory test data, calculations and estimates,prepared by as as Instruments of service pursuant to tilts Agreement,shall be ow sole property. Clem agrees and acknowledges that all document of any nature furnished to Client or Client's agents or designees by August Meek shall be heated es 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 front August Mack or disclosure is compelled by a court of competent jurisdiction Client further agrees that any docurnets not pod for will be returned ed to us upon demand and Will not be used by Client for any purpose whatsoever. Client further agrees that under no cinonma nces shall any documents produced by us pursuant to this Agreement be used at any location,for any projector be any person not expressly provided form this Agreement without our prior written permission. If Client uses all or any of our documents for another project or disseminates our documents in violation m1 this paragraph. Client shall to the maximum extent permitted by law edenudfy and hold us harmless from any ail claims arising from such, unauthorized use Further,no part of any document we deliver to Cleat shall be reproduced or distributed,whether for advertising or any other purpose,without our prior written consent. An)such reproduction or distribution shall be at Client's sole risk and without liability or kgel exposure to August Mack and Client shall indemnify and hold us harmless to the naxin.=extent permitted by law,from any and all claims arising from sue 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 chores or Is required to maintain beyond the three-year retention perk!and we will provide them to the Client for Clint's retention TERMINATION.This Agreement may be terminated by either party for any reason upon 10 dap'written notice. Upon termination of this Agreement,August Mack shall be entitled to payment for Work performed up to and including the date the notice of termination is received as well as all reasonable nets of demobilization and closeout of the Work DUTY TO COOPERATE The parties agree to provide reasonable access to Information regarding the site or the Work performed and to repoathle personal u may be required to address ant'claim made regarding the Work performed or this Agreements The parties further agree to provide copies to each other of any claims,demands or n firer from arty federal,state or local public agency regarding the Work performed or this Agreement. SEVEfABRlIY In the event that any provision herein shall be deemed invalid or unenforceable,the ether means hereof shall remain in fill force and effect,and binding upon du parties hereto. SURVIVAL All obligations arising poor to the tennWahon of this Agreement and all provisions of this Agreement allocating responsibility or babthty 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 bworpoeated herein constitute the entire Agreement between the parties and carrot be 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 Indian and shall in all respects be governed,construed applied and enforced in accordance with the laws of such Stare. Any litigation brought ill connection with Uls Agreement shall be commenced and maintained in the United States District Court for the Southern District of Mina in Indianapolis,Indiana or the Superior Court of Marron County,Indiana having jurisdiction over the parks and the subject matter of the dispute. ® 1302 N. Meridian St., Suite 300 August Mack Indianapolis, IN .8002 ph: 317.916.8000 I f: 317.9168001 BMVI [UAtltMiIL www.augustmack.com December 3, 2012 Mr. Matt Worthley Cannel 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 2nd 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 ($2,000) Expertise. Innovation. Commitment. Experience the August Mack difference. Mr. Worthley December 3, 2012 These costs assume that normal conditions are encountered and that August Mack will have access to the Site. Any delays, obstructions or other limitations caused by the client or his agents will result in additional charges to the client. No work beyond what is budgeted above will be performed without your prior approval. If it becomes apparent that additional work is necessary to complete the project, you will be notified and the options to address the situation will be discussed. If you are in agreement with the scope of work and costs presented above and the terms and conditions attached to this proposal, please sign and return one copy of this proposal as your authorization to proceed. We appreciate the opportunity to provide you with this proposal and look forward to working with you on this project. Please contact us if you have any questions or comments regarding this information. Sincerely, Attio Laura Himes, P.E. Senior Manager Accepted by: Acknowledging the Attach$Terms & Conditions Printed Name: Les S. olds ,LTA Date: t 2 f to f 1 Please provide proper billing information below: Contact: Company: Address: Phone No.: TERMS AND CONDITIONS DEFINITIONS.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. SCOPE 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 services 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 11/2 percent,court costs,attorneys fees and any other cost of collection incurred by August Mack. RIGHT OF ENTRY AND RIGHT 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 fully with all laws, ordinances and regulations governing the performance of its activities at the site. To the extent that any of the Work requires access to property owned or controlled by a third party,Client represents that it has obtained all licenses,permits,and rights-of-way necessary to grant August Mack access to such property. STANDARD OF CARE AND WARRANTY.Professional services provided by us will be performed findings obtained and recommendations prepared in accordance with generally accepted engineering principles and practices. THIS WARRANTY IS IN LIEU OF ALLOTIIER 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. PROFESSIONAL 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 of care and warranty,shall not exceed the amounts,limits,coverage or conditions of our professional liability insurance or our total fee,whichever is less. HAZARDOUS SUBSTANCES AND CONS I I DENTS.Client shall advise us upon execution of this Agreement of any hazardous substances or any condition existing in or 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. By virtue of entering into this Agreement or of performing the Work hereunder,we do not assume 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 emirmmment,including but not limited to spills,releases,or leaks. Client shall bear the sole responsibility for conununicating 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 manner,any information that may 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 us or be 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 harmless August Mack 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,storer,transporter,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. CONTAMINATED 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 designated 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 thereof. Subsequent to that notification,August Mack in its sole discretion may: (a) If practicable,complete the original Scope of Services in accordance with the procedures originally intended in the Proposal: (b) Agree with Client to modify the Scope of Services and the estimate of charges to include work on the previously unforeseen conditions or occurrences: (c) Terminate the Work as provided herein effective on the date specified by us. CLAIMS. In the event any third party or employee of Client brings suit or claim for damages against us alleging exposure to or damage from material, elements or constituents at or from Client's facility 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,uninhabitabilitv of property,or other personal injury or property damage,then:Client shall be liable for,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,am 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 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 without 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 not limited to attorneys' and experts'fees and other costs,expenses or disbursements,and personnel costs 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 b; us in writing to resolve the matter prior to resolution of the claim. EQUIPMENT.In the event that August Mack 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 pay August Mack 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 such equipment, which includes August Mack 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 pay on our behalf,to the maximum extent permitted by law,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 by us as a result of such suit or claim. DOCUMENTS.Client will furnish or cause to be furnished 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, specifications, 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 property. Client agrees and acknowledges that all documents 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 for will be returned to us upon demand and will not be used by Client for 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,for 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 documents in violation of this paragraph. Client shall to the maximum extent permitted by law indemnify and hold us harmless from any all claims arising from such unauthorized use. Further,no part of any document we deliver to Client shall be reproduced or distributed,whether for advertising or any other purpose,without our prior written consent- Any 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 from 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 be 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. DUTY 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 of any claims,demands or notices from any federal,state or local public agency regarding the Work performed or this Agreement. SEVERABILITY.In the event that any provision herein shall 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 be 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 State. 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. CASEY-1 OP ID:THLI AI ORO' CERTIFICATE OF LIABILITY INSURANCE DATE(MM(DD/YYYY) 01/11/2013 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Phone: 317-639-5679 cNA°raetcT Linda Thompson M.J.Schuetz Ins.Services 317-639-5679 Fax: 317-639-6910 PHONE a): FA)( 55 Monument Circle,Suit 500 lac,No,E (a/c,No): 317-639-6910 Indianapolis,IN 46204 ADDRESS: Ihompson@mjsis.com INSURER(S)AFFORDING COVERAGE 1 NAIC# INSURER A:Cincinnati Insurance Companies 10677 INSURED Casey-Bertram Construction Inc INSURERB:Cincinnati Casualty Company 28665 5780 East 25th Street Indianapolis, IN 46218-4114 INSURERC: INSURER D INSURER E INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: l THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD. INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE POLICY NUMBER ADDL SUER POLICY EFF POLICY EXP LTRINSR.WJD (MM/DD/YYYYIJMWDD/YYYY) LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 A X COMMERCIAL GENERAL LIABILITY X EPP0058106 01/19/2013 01/19/2014 DAMAGE TO RENT D PREMISES(Ea occurrence) $ 00,000 CLAIMS-MADE X OCCUR MED EXP(Any one person) I$ 10,001 PERSONAL F.ADV INJURY $ 1,000,1:r/U GENERAL AGGREGATE $ 2,000.00d GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $ 2,000,00) POLICY X jF° LOC Emp Ben. $ 1,000,000 AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT 1,000,000 (Ea accident) $ A X ANY AUTO EBA0058196 01/19/2013 01/19/2014 BGDILY INJURY(Per person) $ ALL OWNED SCHEDULED AUTOS AUTOS BODILY INJURY(Per accident) $ NON-OWNED PROPERTY DAMAGE $ HIRED AUTOS AUTOS (Per accident) X UMBRELLA LIAR X OCCUR EACH OCCURRENCE $ 5,000,000 A EXCESS LIAB CLAIMS-MADE EPP0058196 01/19/2013 01/19/2014 AGGREGATE $ 5,000,000 DED X RETENTION$ 0 $ WORKERS COMPENSATION X WC STATU- OTH- AND EMPLOYERS'LIABILITY TORY LIMITS ER B ANY PROPRIETOR/PARTNER/EXECUTIVE Y/N WC1851997 01/19/2013 01/19/2014 E.L.EACH ACCIDENT $ 1,000,000 OFFICER/MEMBER EXCLUDED, N I A (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ 1,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ 1,000,000 '. A RentedlLeased EPP0058196 01/19/2013 01/19/2014 Limit 250,000 Equipment Ded 500 DESCRIPTION OF OPERATIONS'LOCATIONS/VEHICLES (Attach ACORD 101,Additional Remarks Schedule,if more space is required) City of Carmel Redevelopment Commission and City of Cannel are, shown as additional isnured. CERTIFICATE HOLDER CANCELLATION Cityof Carmel CITYOFC SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Redevelopment Commission THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Attn: Matthew Worthley ACCORDANCE WITH THE POLICY PROVISIONS. 30 West Main Street Ste 220 Carmel, IN 46032 AUTHORIZED REPRESENTATIVE tfr7. Q. sztha 1i umu aix a_ , crieeo ©1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25(2010/05) The ACORD name and logo are registered marks of ACORD Change Order August Mack ENVIRONMEN 'I' A I. 1302 North Meridian Street Date: 3/12/2013 Indianapolis, IN 46202 Change Order No.: JN0188.370-1 Telephone: 317-916-8000 Fax: 317-916-8001 FOR: Project No.: JN0188.370 Project Manager: Dawn ICnipe �'..+ $ F;'°rr 1 Y y 'C 'K i }� * k rYfl ` "`+ it '^,{, 3R�l ;k 1�'ri ry s,. ri �,N 'r � ' �ScopeofwWork '�H ` at'd x Y t r ,* .vtat^v- . r 1 ix +`t �3�;+� _s �-H ���3 .,�4ria1 , �, . .,�� za �..����£?�9d,waAmount;.§ S3,800 • Vacuuming residual impacted debris • Transportation& Disposal • Encapsulation of remaining stained areas • Site Visit with IDEM • Report preparation to submit to IDEM (THIS IS NOT AN INVOICE-DO NOT PAY THIS AMOUNT) TOTALS: $3,800 Acknowledging Change in scope of work pursuant to the terms and conditions established in August Mack PM2432.370 Proposal No. Les S . Olds "(TA 3/2J/3 Accepted By: (Type or Print) ate Signature &Y4C.u4i thi, b..rec4-ot- Change Order A gu st Mack E N V I R 0 N 11 ENTA L 1302 North Meridian Street Date: 4/19/2013 Indianapolis, IN 46202 Change Order No.: JN0188.370-2 Telephone: 317-916-8000 Fax: 317-916-8001 FOR: Carmel Grain Elevator Site Project No.: JN0188.370 Project Manager: Dawn Knipe J1. 4'i n� ; ,l, zakrars"frr+„r>$nsa e , rq At - "s° ... ai. *�'X1i' . 5• c. ' au...' " *? .S'_COpCfV✓Ot�C +.aae rl„�.E.. *1` '«`'i� .. 41t"".�t''.Mau'a .:Y' ..iA11101111t $3,450 • Cut and remove protruding rebar • Fill pits with crushed stone • Cover designated areas with crushed stone • General site cleanup (remove plastic sheeting, prepare site for final inspection) (THIS IS NOT AN INVOICE-DO NOT PAY THIS AMOUNT) TOTALS: $3,450 Acknowledging Change in scope of work pursuant to the terms and conditions established in August Mack PM2432.370 Proposal No. z_r_r C. e,LOC rxaz 4/Z3 i3 Accepted By: (Type or Print) to Signature 7