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August Mack Environmental Inc.
Site Assessment / FORM BY:
457 Third Ave S.W. .06/4 . 9, a
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 Aijost Mack itonniental Inc. (hereinafter "Professional").
RECITALS
WHEREAS, City owns and is responsible for its public works, which responsibility includes, by
way of illustration and not by way of limitation, the evaluation, planning, design, construction, operation
and maintenance of the City's infrastructure system; and
WHEREAS, from time to time, City needs professional services to assist it in effectively and
efficiently fulfilling its foregoing responsibilities; and
WHEREAS, Professional is experienced in providing such professional environmental site
assessment services as are covered by this Agreement; and
WHEREAS, City desires to engage Professional as an independent contractor for the purpose of
providing to City, on a non-exclusive basis, the professional services referenced herein; and
WHEREAS, Professional is qualified and desires to provide City with such professional services.
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 professional services
("Services") set forth in attached Exhibit A which is incorporated herein by this reference.
Professional desires to provide the Services to City.
2.2 Professional acknowledges that it has read and understands this Agreement, and that
Professional's acceptance and/or provision of any Services hereunder shall constitute
Professional's acceptance of this Agreement and of all its terms and conditions.
2.3 Professional understands and agrees that City may, from time to time, request Professional, on a
non-exclusive basis, to provide additional professional services to assist City in the planning,
design, construction, operation and/or maintenance of its infrastructure system. The scope of such
additional services to be provided by Professional to City shall be as requested and defined by the
Mayor or his duly authorized representative. When City desires additional services from
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Professional, the Mayor or his duly authorized representative shall notify Professional and set
forth the scope of such additional services desired, as well as the time frame in which such
services are to be rendered. Professional shall then provide, at no cost to City, an estimated cost
for such additional services, as well as the date by which such additional services will be provided.
Only after City has approved Professional's time and cost estimate for the provision of such
additional services shall Professional be authorized to commence same, the description of which
additional services shall be set forth in documents which shall be numbered and attached hereto in
the order approved.
2.4 Professional understands and agrees that City reserves the right, at any time, to direct changes, or
cause Professional to make changes, in the Services and/or additional services provided, or to
otherwise change the scope of the work covered by this Agreement, and Professional agrees to
promptly make such changes. Any difference in price or time of performance resulting from such
changes shall be equitably adjusted by City and Professional after receipt of documentation from
Professional in such form and detail as City may require.
2.5 Professional expressly warrants that all Services and/or additional services covered by this
Agreement will conform to the specifications, drawings, samples, instructions, directions and/or
descriptions furnished to City by Professional or by Professional to and accepted by City, and that
such Services and/or additional services will be performed in a timely manner, in a good and
workmanlike manner and free from defects.
2.6 Professional acknowledges and agrees that it knows of City's intended use and expressly warrants
that all Services and/or additional services covered by this Agreement which have been selected,
provided or performed by Professional, based upon City's stated use, will be fit and sufficient for
the particular purposes intended by City.
2.7 Time is of the essence of this Agreement.
SECTION 3. CITY'S RESPONSIBILITIES
3.1 Upon City's request of Professional for a time and cost estimate for the Services and/or additional
services to be provided hereunder, City shall provide such criteria and information with respect to
same as are reasonably necessary for Professional to understand the Services and/or additional
services requested and to provide a time and cost estimate thereon.
3.2 Once City has accepted Professional's time and cost estimate for the Services and/or additional
services, City shall:
3.2.1 Furnish to Professional, upon request, such studies, reports and other available data in
City's possession as City considers reasonably pertinent to the Services and/or additional services
to be provided, and which Professional shall be entitled to rely upon in performing the Services
and/or additional services, unless, in its review of same, Professional determines that such
information is not consistent and fails to promptly so notify City; and
3.2.2 Arrange and make all provisions for Professional to enter upon public and private property
as reasonably required for Professional to perform the Services and/or additional services; and
3.2.3 Make reasonably available to Professional for consultation, as needed, such individuals as
are necessary for Professional to provide the Services and/or additional services to City.
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3.3 City shall designate the Mayor or his duly authorized representative to act on City's behalf on all
matters regarding the Services and/or additional services.
SECTION 4. PROFESSIONAL'S RESPONSIBILITIES
4.1 Professional shall provide to City, within five (5) business days after City requests same, a time
and cost estimate for the Services and/or additional services requested by City to be performed by
Professional.
4.2 Once City has accepted Professional's time and cost estimate for the Services and/or additional
services, such Services and/or additional services shall be performed pursuant to the terms of this
Agreement, within such time and cost estimate, and pursuant to any other terms and conditions set
forth or referenced herein or attached hereto.
4.3 Professional shall coordinate its performance, in the form of physical meetings and/or status
reports, with the Mayor or his duly authorized representative, pursuant to a mutually agreeable
schedule and/or as circumstances dictate.
4.4 Professional shall provide the Services and/or additional services by following and applying at all
times the highest professional and technical guidelines and standards.
SECTION 5. COMPENSATION
5.1 As full and complete compensation for the Services performed by Professional hereunder, and
subject to the terms and conditions contained in this Agreement, including, but not limited to, the
termination provisions set forth in paragraph 7.1 hereinbelow, City shall pay Professional the total
sum of not more than One Thousand Five Hundred Dollars ($1,500.00).
5.2 Professional shall submit an invoice to City no more than once every thirty (30) days for Services
and/or additional 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, which is incorporated herein by this
reference. City shall pay Professional for all undisputed Services and/or additional services
rendered and stated on such invoice within thirty (30) days after the date of City's receipt of same.
If the undisputed portion of an invoice amount is not paid within thirty (30) days of its receipt by
City, Professional shall so notify City. If such undisputed portion of the invoice amount is not
thereafter paid within ten (10) business days after City's receipt of such notice, then a late charge
in a sum equal to the lesser of one percent (1%) of such unpaid and undisputed invoice amount or
the highest rate allowed by law shall accrue and be immediately due and payable by City to
Professional as a separate debt for each month same remains unpaid.
5.3 In the event an invoice amount is disputed, City shall so notify Professional. If such dispute is not
resolved to City's satisfaction within ten (10) business days after notice of such dispute is sent by
City to Professional, City shall pay such amount, under protest, into the City Court of Carmel,
which Court shall hold same until notified of a resolution signed by both parties hereto or the entry
of a final judgment thereon.
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5.4 City, in its sole discretion, may agree to pre-pay all or any portion of the compensation to be paid
Professional as a result of its provision of the Services and/or additional services hereunder, which
pre-payment shall be expressly contingent upon and subject to an accounting and reconciliation by
and between the parties at such time as such Services and/or additional services are fully
performed, this Agreement is terminated and/or upon City's request. Professional agrees to
immediately disgorge to City any prepayment amount it has received from City for Services
and/or additional services that are disputed by City and/or which constitutes an overpayment for
same.
5.5 If additional professional services are required and Professional wishes to hire an outside source
for the performance of same, Professional shall so notify City, in advance of the engagement of
such outside source, with an explanation of the need and qualifications of same. If City consents
to such outside source, which consent shall not be unreasonably withheld, City shall reimburse
Professional for the actual cost of same, which reimbursement sum shall be subtracted from the
amount of compensation due Professional from City hereunder. Professional understands and
agrees that any and all outside sources so hired shall be employees or contractors of Professional
only. Professional warrants and indemnifies City for and from any and all costs, fees, expenses
and/or damages incurred by City as a direct or indirect result of the use by Professional of an
outside source. This indemnification obligation shall survive the termination of this Agreement.
SECTION 6. TERM
Subject to the termination provisions set forth in Section 7.1 hereinbelow, this Agreement shall be
in effect from the Effective Date through December 31, 1999, and shall thereafter, on the first day
of January in each subsequent year, automatically renew for a period of one (1) year, unless earlier
terminated in accordance with the terms and conditions hereof.
SECTION 7. MISCELLANEOUS
7.1 Termination.
7.1.1 The obligation to provide all or any portion of the Services and/or additional services
under this Agreement may be terminated by City or Professional without cause upon thirty
(30) days notice to the other party .
7.1.2 The obligation to provide all or any portion of the Services and/or additional services
under this Agreement may be terminated by City for cause, or upon City's failure to
appropriate monies sufficient to pay for same, 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 and/or additional
services rendered and expenses incurred as of the date of termination of same that are not
in dispute. Disputed compensation amounts shall be resolved as set forth in paragraph 5.3
hereinabove.
7.2 Binding Effect.
City and Professional, and their respective officers, officials, agents, partners, successors,
executors, administrators, assigns and legal representatives are bound to the other and to its
officers, agents, partners, successors, executors, administrators, assigns and legal representatives,
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in all respects as to all covenants, agreements and obligations of this Agreement.
7.3 No Third Party Beneficiaries.
Nothing contained herein shall be construed to give any rights or benefits hereunder to anyone
other than City and/or Professional.
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, contractors, subcontractors and outside sources are
or shall become employees of City. Furthermore, Professional shall have the sole responsibility to
pay to or for its agents, employees, contractors, subcontractors and outside sources all statutory,
contractual and other benefits and/or obligations as they become due, and City shall not be
responsible for same. Rather, the compensation to be paid hereunder by City to Professional shall
be the full and maximum amount of compensation and monies required of City to be paid to
Professional hereunder. Professional hereby warrants and indemnifies City for and from any and
all costs, fees, expenses and/or damages incurred by City as a direct or indirect result of any
statutory, contractual or other claim for wages, benefits or otherwise by any agent, employee,
outside source, contractor or subcontractor of Professional regarding or related to the subject
matter of this Agreement. This indemnification obligation shall survive the termination of this
Agreement.
7.5 Insurance.
Professional shall procure and maintain, with an insurer licensed to do business in the State of
Indiana and reasonably acceptable to City, Professional Responsibility Insurance and such other
insurance as is necessary for the protection of City and Professional from any and all claims for
damages or otherwise under workers' compensation, occupational disease and/or unemployment
compensation acts, because of errors and omissions, because of bodily injury, including, but not
limited to, personal injury, sickness, disease or death of any and all of Professional's employees,
agents, contractors, subcontractors or outside sources, and/or because of 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. Professional shall cause its
insurers to name City as an additional insured on all such insurance policies (except on its
Professional Responsibility Insurance policy), shall, upon request, provide City with copies of all
such policies, and shall provide that such policies will not be canceled without thirty (30) days
prior notice to City.
7.6 Price Terms.
Professional warrants and agrees that all of the prices, terms and warranties granted by
Professional herein are at least as favorable to City as those offered by Professional to other
customers purchasing the same or similar Services and/or additional services under the same
material terms and conditions.
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7.7 Force Majeure.
Any delay or failure of either party to perform its obligations hereunder shall be excused if, and to
the extent, it is caused by an event or occurrence beyond the reasonable control of the party and
without its fault or negligence, such as, by way of example and not by way of limitation, acts of
God, actions by any governmental authority (whether valid or invalid), court injunction, fires,
floods, windstorms, explosions, riots, natural disasters, wars, or sabotage; provided that notice of
such delay (including the anticipated duration of the delay) shall be given by the affected party to
the other party within five (5) business days after discovery of the cause of such delay. During
any such period of delay or failure to perform by Professional, City, in its sole option, may
purchase some or all of the same or similar Services and/or additional services from other sources
and reduce the Services requested of Professional hereunder by such degree, without liability to
Professional, or have Professional provide some or all of the Services and/or additional services
from other sources at times requested by City and at the prices set forth in this Agreement.
7.8 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 of record and Professional fails to remove it within ten (10) days after the date
of filing thereof, by payment or bonding, City shall have the right to pay such lien or obtain such
bond, all at Professional's sole cost and expense. Professional shall indemnify and hold harmless
City from and against any and all liabilities, losses, claims, costs, attorney fees, expenses and/or
damages incurred by City in connection with any such lien or the removal thereof. This
indemnification obligation shall survive the termination of this Agreement.
7.9 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 and/or
additional services as specified; (c) fails to make progress so as to endanger timely and proper
completion of the Services and/or additional services and does not correct such failure or breach
within five (5) business days (or such shorter period of time as is commercially reasonable under
the circumstances) after receipt of notice from City specifying such failure or breach; or (d)
becomes insolvent, files, or has filed against it, a petition in bankruptcy, for receivership or other
insolvency proceeding, makes a general assignment for the benefit of creditors or, if Professional
is a partnership or corporation, dissolves, each such event constituting an event of default
hereunder, City shall have the right to, among other things: (1) terminate all or any part of this
Agreement, without liability to Professional; (2) perform or obtain, upon such terms and in such
manner as it deems appropriate in its sole discretion, the Services and/or additional services which
were to be provided by Professional and Professional shall be liable to City for any excess costs to
City in performing or obtaining same; and/or (3) exercise any other right or remedy available to
City at law or in equity.
7.10 Setoff.
In addition to any right of setoff provided by law, all amounts due Professional shall be considered
net of indebtedness of Professional to City; and City may deduct any amounts due or to become
due from Professional to City from any sums due or to become due from City to Professional
hereunder.
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7.11 Government Compliance.
Professional agrees to comply with all present and future federal, state and local laws, executive
orders, rules, regulations, codes and ordinances which may be applicable to Professional's
performance of its obligations under this Agreement, and all relevant provisions thereof are
incorporated herein by this reference. Professional agrees to indemnify and hold harmless City
from any and all losses, damages, costs, attorney fees and/or liabilities resulting from any violation
of such law, order, rule, regulation, code or ordinance. This indemnification obligation shall
survive the termination of this Agreement.
7.12 Indemnification.
Professional shall indemnify and hold harmless City and its officers, officials, employees, agents,
assigns and legal representatives from any and 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,
outside sources, contractors or subcontractors in the performance of this Agreement, or otherwise.
The failure to do so shall constitute a material breach of this Agreement. This indemnification
obligation shall survive the termination of this Agreement.
7.13 Discrimination Prohibition.
Professional represents and warrants that it and each of its employees, agents, contractors,
subcontractors and outside sources shall comply with all existing and future laws of the United
States, the State of Indiana and City 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 and/or additional 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. City
reserves the right to collect a penalty as provided in IC 5-16-6-1 for any person so discriminated
against. This indemnification obligation shall survive the termination of this Agreement.
7.14 Severability.
If any provision or portion of this Agreement is held to be invalid, illegal or unenforceable by a
court of competent jurisdiction, that provision or portion thereof shall be stricken, and all other
provisions of this Agreement which can operate independently of such stricken provision shall
continue in full force and effect.
7.15 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:
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CITY: PROFESSIONAL:
City of Carmel August Mack Environmental Inc.
One Civic Square 8007 Castleton Road
Carmel, IN 46032 Indianapolis, IN 46250
ATTN: Joseph C. Staehler ATTN: Douglas E. Pond
(with a copy to the City Attorney,
Department of Law, same address)
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 five
(5)business days from the date of such oral notice.
7.16 Effective Date.
The effective date ("Effective Date") of this Agreement shall be the date on which the last of the
parties hereto executes same.
7.17 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 further agree that, in the event a lawsuit is filed hereunder,
they waive any rights to a jury trial they may have, agree to file any 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.
7.18 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.
7.19 Non-Assignment.
Professional shall not assign or pledge this Agreement, whether as collateral for a loan or
otherwise, and shall not delegate its obligations under this Agreement, without City's prior
consent.
7.20 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. Notwithstanding any other term
or condition set forth herein, but subject to paragraph 7.14 hereof, to the extent any term or
condition contained in any exhibit attached to this Agreement conflicts with any term or condition
contained in this Agreement, the term or condition contained in this Agreement shall govern and
prevail, unless the parties hereto, or their successors in interest, expressly and in writing agree
otherwise. No provision of this Agreement may be amended, added to or subtracted from except
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by an agreement in writing signed by both parties hereto and/or their respective successors in
interest.
7.21 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.
7.22 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.
7.23 Advice of Counsel
The parties warrant that they have read this Agreement and understand it, are fully aware of their
respective rights, have had the opportunity for the advice and assistance of an attorney throughout
the negotiation of this Agreement, and enter into this Agreement freely, voluntarily, and without
any duress, undue influence, coercion or promise of benefit, except as expressly set forth herein.
[remainder of page intentionally left blank]
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IN WITNESS WHEREOF, the parties hereto have made and executed this Agreement as follows:
CITY OF CARMEL, INDIANA AUGUST MACK ENVIRONMENTAL INC.
by and through its Board of Public
Works and Safety
BY: BY:
• gloat,el
iff es Brain d, Pritdizgfiltr Authorized ign ure
Pate: 0
Printed Name: Mcji €/ Schulz_
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)(11, &,,,,.. .2
Title: ceaIor' 6eoIo)t51"
Mary 7urkg ynrr 9
3Dat - �! Date: TtnAk. Pi I ?'
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Bil1.ly alker, Me b r
Dat . -'/f4"9
ATTEST: ..
tiu i
6facDiana Cordray, IAMC, Clerk-T urer
Date: (V - \- 61°1
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UGUS-T-
/�K 8007 CASTLETON ROAD
ENVIIIHNIIIIIII INC INDIANAPOLIS, IN 46250
TEL: (317) 579-7400 FAX: (317) 579-7410
May 26, 1999
Mr. Joseph C. Staehler
City of Carmel
Office of the Mayor
One Civic Square
Carmel. Indiana 46032
Re: Proposal for Environmental Services
Phase I Environmental Site Assessment
24,000 Square Foot Building on 0.976 Acres
457 3rd Avenue Southwest
Carmel,Indiana
August Mack Proposal Number 90274
Dear Mr. Staehler:
August Mack Environmental, Inc. (August Mack) is pleased to provide you with this proposal to
perform an environmental property assessment at the above-referenced site. The scope of work
for this assessment includes performing an on-site inspection of the property supplemented by a
review of available environmental records concerning the site. The inspection will be performed
by an August Mack staff member who will record and document potential sources of
environmental concern. Typical sources recorded during the inspection will include, but are not
limited to, underground storage tanks (USTs), a cursory identification of visible asbestos
containing materials (ACM), chemical spills, polychlorinated biphenyls (PCBs), stained soils or
surfaces and waste management areas.
The inspection will be supplemented by a review of the environmental history of the property
through a computerized database search of the files maintained by the Indiana Department of
Environmental Management (IDEM) and any other agencies deemed necessary to further
evaluate any potential concerns. Records will be reviewed to. at a minimum, determine if any
spills have been recorded on the property. and if any violations of environmental statutes have
been recorded. In addition, historic aerial photographs will be reviewed to help document past
site usage.
Upon completion of the assessment activities, a final report will be prepared and submitted. The
final report will describe, in detail, the work performed and present conclusions regarding the
environmental conditions at the study site. Areas of environmental concern noted during the
=-, SITE INVESTIGATION•REMEDIAL ACTION•AIR QUALITY•TANK MANAGEMENT•POLLUTION CONTROL
Mr.Joseph C. Staehler
May 26, 1999
Pane
inspection or identified during the record search will be addressed and their known
characteristics presented.
It is anticipated that August Mack can perform the site inspection within one week of your
approval of this proposal. The final report can be prepared within two weeks of your
authorization to proceed.
The total lump sum cost to complete the environmental property assessment is $1.500. A final
invoice will be issued upon submittal of the final report.
5b‘-V
EXHIBIT B
Professional Services Invoice
Date:
Name of Company:
Address &Zip:
Telephone No.:
Fax No.:
Project Name:
Invoice No:
Person Service Services Provided Hourly Hours Total
Performing Date (Describe in detail in one- Rate Worked
Service tenth hour units)
GRAND TOTAL
Signature
Printed Name
EXHIBIT C
INSURANCE COVERAGES
Worker's Compensation & Disability Statutory Limits
Employer's Liability:
Bodily Injury by Accident: $ 100,000 each accident
Bodily Injury by Disease $ 500,000 policy limit
Bodily Injury by Disease $ 100,000 each employee
Property damage, contractual liability,
products-completed operations:
General Aggregate Limit (other than
Products/Completed Operations): $1,000,000
Products/Completed Operations: $1,000,000
Personal & Advertising Injury
Limit: $1,000,000
Each Occurrence Limit: $1,000,000
Fire Damage (any one fire): $ 50,000
Medical Expense Limit
(any one person): $ 5,000
Comprehensive Auto Liability
Owned, hired and non-owned each accident
Bodily Single Limit: $1,000,000
injury and property damage
Umbrella Excess Liability
Each occurrence and aggregate $1,000,000
Maximum Deductible $ 10,000
Professional Responsibility Insurance:
Per Occurrence: $1,000,000
Aggregate: $1,000,000
`eict of cqq
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1 City of C
�
June 22, 1999
Douglas E. Pond
August Mack Environmental, Inc.
8007 Castleton Rd
Indianapolis, IN 46250
Dear Mr. Pond:
On June 16, 1999, the Board of Public Works and Safety approved a contract to do business with
your company. Enclosed is a copy of the signed agreement.
Please review the enclosed sample invoice (Exhibit B of your contract). You do not need to use
this specific form, but we require you to submit the requested information in a similar layout.
This format replaces any other form previously used by the City and is effective upon approval
of your contract.
Please call Clerk-Treasurer Diana Cordray at 571-2414 if you have any questions.
We look forward to working with you.
Sincerely,
Liety6.6.4t,
Robin L. Butler
Deputy Clerk
Enclosure
pc: Joe Staehler,Department of Administration
ONE CIVIC SQUARE CARMEL,INDIANA 46032 317/571-2400
JCT-29-1999 FRI 07:45 AN FAX NO. P. 07
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October 3, 1999
Mr. Michael F. Casper
August Mack Environmental
8007 Castleton Road
Indianapolis, IN 46250
Dear Mr. Casper,
As we discussed last week,the City of Carmel is requesting additional professional services from your
firm. Pursuant to our current contract with August Mack Environmental, Contract#0616.99.01 dated
6-16-99. In our discussion you suggested that the proposed scope of services and fee estimate for
conducting the pre-demolition environmental assessment at the house located at 41 E. 126th Street in
Carmel would be between$1,200.00 and$1,600.00 depending upon the amount of testing that will be
required. Should costs exceed$1,600.00,notify this office prior to performing the work.
Please be advised that work on the original and this Additional Services contract should be billed on
separate invoices. All invoices should be referenced to the original Contract#and/or Additional
Services Number(#2)where applicable. Thank you for your continued assistance in providing the
City of Carmel with your professional, quality services. If you should have any questions, please give
me a call.
Sincerely,
-14--L--
ph C. Staehler
Director of Administration
JCS/blc
ONE CIVIC SQUARE CARMEL,INDIANA 46032 317/57 I 240k)
GUST
AUK."Cl< 8007 CASTLETON ROAD
f M Y I N O M M f N 1 H l IIIC INDIANAPOLIS, IN 46250
TEL: (317) 579-7400 FAX: (317) 579-7410
February 11, 2000
Mr. Joseph Staehler
City of Carmel
Office of the Mayor
One Civic Square
Carmel, IN 46032
Re: Scope of Work and Cost Estimate
Phase II Environmental Services
Subsurface Investigation and Asbestos Sampling
1st and 2nd Avenue SW
Carmel, Indiana
City of Carmel Contract#0616.99.01
August Mack Proposal Number PA064.30
Dear Mr. Staehler:
In accordance with your request, August Mack Environmental, Inc. (August Mack) is pleased to
provide you with the following revised scope of work and cost to perform a subsurface
investigation and asbestos sampling at the above referenced site. The purpose of this Phase II
investigation is to address areas of concern identified during the previously conducted Phase I
Environmental Site Assessment (August Mack Project Number 99388.20/City of Cannel
Contract# 0616.99.01 -- Additional Services #3). The work activities required to complete this
project are summarized below followed by associated cost information.
SCOPE OF WORK
Asbestos Sampling
During this sampling event the plaster wall surfaces within the residential structure located on
the southeast corner of the study property will be inspected for the presence of potential ACMs.
Samples will be collected and submitted to an accredited laboratory for analysis by polarized
light microscopy (PLM) augmented with dispersion staining.
August Mack will mobilize a building inspector accredited and certified by the Indiana
Department of Environmental Management (IDEM) to perform the tasks outlined above and to
collect the bulk samples. Specifically designed sampling tools, such as stainless steel coring
SITE INVESTIGATION•REMEDIAL ACTION•AIR QUALITY•TANK MANAGEMENT•POLLUTION CONTROL
Mr. Joseph Staehler February 11, 2000
Phase II Proposal for ls` and 2'Avenue SW Page 2
tubes, will be utilized for sample collection to minimize material damage and resulting dust
release. Seven bulk material samples will be collected during the project. Additional suspect
ACMs identified in the house will be sampled, and the samples will be retained for possible
future analysis in the event the structure will be demolished
The seven plaster samples collected during the inspection will be transported by August Mack
personnel to an accredited asbestos laboratory using strict chain-of-custody documentation. The
samples will be analyzed by PLM augmented with dispersion staining as specified in US EPA
Method 600/M4-82-020. The selected laboratory will be accredited by the National Institute of
Standards and Technology (NIST) through the National Voluntary Laboratory Accreditation
Program (NVLAP). This is the only professional accreditation currently recognized for
performing bulk asbestos sample analysis.
It should be noted that the samples will be analyzed by the "group method." Specifically, the
bulk material samples will be grouped into individual sets of homogeneous areas that are present
in each building and submitted to the laboratory. PLM analysis will be performed on the first
bulk material sample of each individual group of samples and analysis will continue on that
specific set until a positive result is obtained. If a positive result is reported, no further
laboratory analysis will be performed on the remaining bulk samples from that specific group of
samples and the area will be considered as ACM.
Subsurface Investigation
August Mack will mobilize to the site with a Geoprobe sampling rig to obtain soil samples. A
total of four borings will be advanced at the site. It is anticipated that the borings will be
advanced until groundwater is encountered or to a maximum depth of approximately 25 feet (ft)
below grade (bg), whichever is encountered first. Soil samples will be collected continuously as
each boring is advanced. The collected samples will be inspected by an August Mack staff
member and screened in the field for evidence of contamination such as discoloration or
staining. The samples will also be screened in the field for the presence of petroleum or organic
vapors by headspace analysis. The one soil sample from each boring exhibiting the greatest
potential for contamination (up to four total) will be submitted to the laboratory for volatile
organic compound (VOC), semivolatile organic compound (SVOC), and RCRA total heavy
metals (arsenic, barium, cadmium, chromium, lead, mercury, silver, and selenium) analysis.
Three groundwater samples will be collected from the borings using a Geoprobe water sampling
device. The water samples will be submitted to the laboratory for VOC, SVOC, and RCRA total
heavy metals analysis. All samples will be analyzed on a 48-hour turnaround basis.
Reporting
Following completion of these activities, you will be verbally notified of the results and findings.
With your authorization, a final Phase II Environmental Site Assessment report will be issued for
the property that will describe in detail the work performed and present conclusions regarding
the environmental conditions at the site. Three copies of the final report will be addressed and
Mr. Joseph Staehler February 11, 2000
Phase II Proposal for 1st and 2r'd Avenue SW Page 3
submitted to you. The subsurface investigation and asbestos sampling results, as appropriate,
will be summarized and the laboratory reports will be provided. Quantities of identified ACM
will be estimated, and estimates for asbestos abatement, if necessary, can also be provided upon
request.
COST & SCHEDULING INFORMATION
The estimated cost for the Phase II subsurface investigation and asbestos sampling described
herein is $9,635. A breakdown of the costs is provided below.
ACTIVITY COST
Site Safety Plan $300
Asbestos Sampling $305
Subsurface Investigation $2360
Laboratory Analysis $5820
Project Management, Revise Final Report, and Additional Activities $850
Total $9,635
The cost of the asbestos survey assumes that up to seven bulk samples will be collected and
submitted for laboratory analysis on a 48-hour turnaround basis. The cost for the subsurface
investigation is based on advancing 4 borings at the site to a 25 feet depth and submitting 4 soil
samples and 3 groundwater samples for VOC, SVOC, and RCRA total heavy metals analysis on
a 48-hour turnaround basis. The City of Carmel will only be charged for 1 week turnaround,
however.
August Mack will contact the appropriate underground utility locating service, but will not be
responsible for damage to underground structures or utilities not accurately marked. These costs
assume that normal conditions will be encountered and that any delays caused by the client or
the client's agents will result in additional expense to the client. If unusual conditions are
encountered, you will be contacted and the scope of work and costs will be adjusted accordingly.
An invoice will be issued upon submittal of the final report. Payment is due upon receipt unless
other arrangements are made prior to invoicing. Interest of 1.5 % per month is charged on all
overdue accounts.
Mr. Joseph Staehler February 11, 2000
Phase II Proposal for let and 2nd Avenue SW Page 4
If you are in agreement with the scope of work and terms as set forth in this proposal, please
sign and return one copy to us 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
feel free to contact us if you have any questions or comments regarding this information.
Sincerely,
Leonard D. Hinrichs II
Project Geologist
Michael F. Casper
Senior Geologist
Accepted by:
Acknowledging the Attached Terms &Conditions
Date:
pF C qR
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December 9, 1999
Mr. Michael F. Casper
August Mack Environmental
8007 Castleton Road
Indianapolis, IN 46250
RE: Additional Services# 3 Per Contract #0616.99.01
Dear Mr. Casper:
As we discussed, the City of Carmel is requesting additional professional services from you.
Pursuant to our current contract with you, Contract #0616.99.01, dated June 16, 1999, I
requested and received from you the proposed scope of services and fee estimates for the
following work tasks:
Additional Services #3—Environmental Services
For the properties located at:
Phase I Environmental Property Assessment
11 Avenue SW and 2nd Avenue SW
Fee total of $ 1,750.00
As I understand it, your time estimate is to begin immediately following the Notice to Proceed
and that it will be completed within one week with the final report being issued within two
weeks. I hereby approve this additional services estimate, and grant you the Notice to Proceed.
Be advised that you are to bill for this work on a separate invoice and reference the original
contract number and/or the additional services number where applicable. Thank you for your
continued service to the City of Carmel.
Sincerely,
Jos ph C. Staehler
Director of Administration
Cc:Joseph C. Staehler, Director of Administration
James Brainard, Mayor
Kate Weese, City Engineer
Diana Cordray, Clerk-Treasurer
Steve Engelking, Director of Community Services
LANE CIVIC SQUARE CAR\IEL, INDIANA 46032 31 7/571-2400
of cks,
A
* � ity of C ar mel
/4 7:0— GP
February 14, 2000
Mr. Michael F. Casper
August Mack Environmental
8007 Castleton Road
Indianapolis, IN 46250
RE: Additional Services #4 Per Contract#0616.99.01
Dear Mr. Casper:
As we discussed, the City of Carmel is requesting additional professional services from you.
Pursuant to our current contract with you, Contract #0616.99.01, dated June 16, 1999, I
requested and received from you the proposed scope of services and fee estimates for the
following work tasks:
Additional Services#4—PHASE II Environmental Services
For the properties located at:
Subsurface Investigation and Asbestos Sampling
1S` Avenue SW and 2nd Avenue SW
Site Safety Plan $ 300.00
Asbestos Sampling $ 305.00
Subsurface Investigation $ 2,360.00
Laboratory Analysis $ 5,820.00
Project Management, Revise Final Report, Add. Activities $ 850.00
Fee total of $ 9,635.00
Be advised that you are to bill for this work on a separate invoice and reference the original
contract number and/or the additional services number where applicable. Thank you for your
continued service to the City of Cannel.
Sincerely,
Joseph C. Staehler
Director of Administration
Cc:Joseph C. Staehler, Director of Administration
James Brainard, Mayor
Kate Weese, City Engineer
Diana Cordray, Clerk-Treasurer
Steve Engelking, Director of Community Services
ONE CIVIC SQUARE CAR V1EL, INDIANA 46032 317/5 7 1-2400
February 16, 2000
Mr. Michael F. Casper
August Mack Environmental
8007 Castleton Road
Indianapolis, IN 46250
RE: Additional Services#5 Per Contract#0616.99.01
Dear Mr. Casper:
As we discussed, the City of Carmel is requesting additional professional services from
you. Pursuant to our current contract, Contract # 0616.99.01, dated June 16, 1999, I
requested and received from you the proposed scope of services and fee estimates for the
following work tasks:
Additional Services#5—Environmental Services
For the property located at:
11410 Westfield Boulevard also known as
"Valinet property", Carmel, Indiana
Fee total of$ 1,100.00
As I understand it, your time estimate for providing this service is immediately upon
receipt of this notice to proceed. Per our contract procedural requirements, I hereby
approve the above additional services estimate, and grant you the Notice to Proceed on
providing these services.
Be advised that you are to bill for this work on a separate invoice and reference the
original contract number and/or the additional services number where applicable. Thank
you for your continued service to the City of Carmel.
Sincerely,
Joseph C. Staehler and
John M. Lester
Director of Administration
Manager of Operations
Carmel Clay Parks &Recreation
A
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C ar me
February 24, 2000
Mr. Michael F. Casper
August Mack Environmental
8007 Castleton Road
Indianapolis, IN 46250
RE: Additional Services #6 Per Contract#0616.99.01
Dear Mr. Casper:
As we discussed, the City of Carmel is requesting additional professional services from you.
Pursuant to our current contract with you, Contract #0616.99.01, dated June 16, 1999, I
requested and received from you the proposed scope of services and fee estimates for the
following work tasks:
Additional Services#6—PHASE I Environmental Services
For the properties know as Anthony Properties located at:
120/130 West Main Street
140 West Main Street
41 2nd Avenue NW
Fee total of $ 1,500.00
As I understand it, your time estimate for providing this service is immediately upon receipt of
this notice to proceed. Per our contract procedural requirements, I hereby approve the above
additional services estimate, and grant you the Notice to Proceed on providing these services.
Be advised that you are to bill for this work on a separate invoice and reference the original
contract number and/or the additional services number where applicable. Thank you for your
continued service to the City of Carmel.
Sincerely,
62 I" /4
Jo eph C. Staehler
Director of Administration
• Cc:Joseph C. Staehler, Director of Administration
James Brainard, Mayor
Kate Weese, City Engineer
Diana Cordray, Clerk-Treasurer
Steve Engelking, Director of Community Services
ONE CIVIC SQUARE CARLIEL, INDIANA 46032 3I 7/57I-_'4U0
•
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c): R:
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ay of C ar me
t
ON GD
February 24, 2000
Mr. Michael F. Casper
August Mack Environmental
8007 Castleton Road
Indianapolis, IN 46250
RE: Additional Services#7 Per Contract#0616.99.01
Dear Mr. Casper:
As we discussed, the City of Carmel is requesting additional professional services from you.
Pursuant to our current contract with you, Contract #0616.99.01, dated June 16, 1999, I
requested and received from you the proposed scope of services and fee estimates for the
following work tasks:
Additional Services#7—PHASE I Environmental Services
For the properties located at:
5 S. Rangeline Road, 31 E. Main Street,
41 E. Main Street, 41 First Street, SE
41 S. Rangeline Road
Fee total of $ 1,500.00
As I understand it, your time estimate for providing this service is immediately upon receipt of
this notice to proceed. Per our contract procedural requirements, I hereby approve the above
additional services estimate, and grant you the Notice to Proceed on providing these services.
Be advised that you are to bill for this work on a separate invoice and reference the original
contract number and/or the additional services number where applicable. Thank you for your
continued service to the City of Carmel.
Sincerely,
JosiWit,/.17,1g7/1:—te
ph C. Staehler
Director of Administration
Cc:Joseph C. Staehler, Director of Administration
James Brainard, Mayor
Kate Weese, City Engineer
Diana Cordray, Clerk-Treasurer
Steve Engelking, Director of Community Services
CNE CIVIC SQUARE CAR VIEL, INDIANA 46032 31 7/5 71-2400
c) CA
o
fry of ar mel
4_,��TON °\`
February 24, 2000
Mr. Michael F. Casper
August Mack Environmental
8007 Castleton Road
Indianapolis, IN 46250
RE: Additional Services # 8, Per Contract#0616.99.01
Dear Mr. Casper:
As we discussed, the City of Carmel is requesting additional professional services from you.
Pursuant to our current contract with you, Contract #0616.99.01, dated June 16, 1999, I
requested and received from you the proposed scope of services and fee estimates for the
following work tasks:
Additional Services#8—PHASE I Environmental Services
For the properties located at:
111 1st Street SW
120 1st Avenue SW
Fee total of $ 1,300.00
As I understand it, your time estimate for providing this service is immediately upon receipt of
this notice to proceed. Per our contract procedural requirements, I hereby approve the above
additional services estimate, and grant you the Notice to Proceed on providing these services.
Be advised that you are to bill for this work on a separate invoice and reference the original
contract number and/or the additional services number where applicable. Thank you for your
continued service to the City of Carmel.
Sincerely,
1.
Joseph C. Staehler
Director of Administration
Cc:Joseph C. Staehler, Director of Administration
James Brainard, Mayor
Kate Weese, City Engineer
Diana Cordray, Clerk-Treasurer
Steve Engelking, Director of Community Services
ONE CIVIC SQUARE CARMEL, INDIANA 4603__ >l 1/5 i l-2400
of CAR
IE �< City of Carmel
�n t
CTCN CO'.
October 25, 2000
Mr. Michael F. Casper
August Mack Environmental
8007 Castleton Road
Indianapolis, IN 46250
RE: Additional Services#9, Per Contract#0616.99.01
Dear Mr. Casper:
As we discussed, the City of Carmel is requesting additional professional services from you.
Pursuant to our current contract with you, Contract #0616.99.01, dated June 16, 1999, I
requested and received from you the proposed scope of services and fee estimates for the
following work tasks:
Additional Services#9—PHASE I Environmental Services
For the properties located at:
1507 E. 116th Street
1411 E. 116th Street
1427 E. 116th Street
Fee total of: $ 1,700.00
As I understand it, your time estimate for providing this service is immediately upon receipt of
this notice to proceed. Per our contract procedural requirements, I hereby approve the above
additional services estimate, and grant you the Notice to Proceed on providing these services.
Be advised that you are to bill for this work on a separate invoice and reference the original
contract number and/or the additional services number where applicable. Thank you for your
continued service to the City of Carmel.
Sincerely,
'r~ "da'
�•seph C. Staehler
Director of Administration
Cc: Joseph C. Staehler, Director of Administration
James Brainard, Mayor
Kate Weese, City Engineer
Diana Cordray, Clerk-Treasurer
Steve Engelking, Director of Community Services
ONE CIVIC SQUARE CARMEL, INDIANA 46032 317/571-2400
11.t City of Carmel
95TON v.
December 11, 2000
Mr. Michael F. Casper
August Mack Environmental
8007 Castleton Road
Indianapolis, IN 46250
RE: Additional Services# 10, Per Contract#0616.99.01
Dear Mr. Casper:
As we discussed, the City of Carmel is requesting additional professional services from you.
Pursuant to our current contract with you, Contract #0616.99.01, dated June 16, 1999, I
requested and received from you the proposed scope of services and fee estimates for the
following work tasks:
Additional Services# 10—Asbestos sampling and analysis
For the properties located at:
Three (3) residential structures and outbuildings on 116th Street
Fee total of : $ 1,350.00
As I understand it, your time estimate for providing this service is immediately upon receipt of
this notice to proceed. Per our contract procedural requirements, I hereby approve the above
additional services estimate, and grant you the Notice to Proceed on providing these services.
Be advised that you are to bill for this work on a separate invoice and reference the original
contract number and/or the additional services number where applicable. Thank you for your
continued service to the City of Carmel.
Sincerely,
ThC.&Stlinterae
Director of Administration
Cc: Joseph C. Staehler, Director of Administration
James Brainard, Mayor
Kate Weese, City Engineer
Diana Cordray, Clerk-Treasurer
Steve Engelking, Director of Community Services
ONE CIVIC SQUARE CARMEL, INDIANA 4603E 317/571-2400
DEC-11-2000 MON 02:32 PM FAX NO. P. 02
•
A.UGUST •
AUGUST MACK ENVIRONMENTAL INC.
AC 6007 CASTLETON ROAD
I K r � fl N M [ „fl IIIC INDIANAPOLI$. INDIANA 46250
(317)579-7400
(317) 579-7410 FAX
December 11,2000
Mr.Joseph Staehler
Office of the Mayor
City of Cannel
One Civic Square
Carmel, IN 46032
Re: Proposal for Environmental Services
Asbestos Sampling and Analysis
Three Residential Structures and
Outbuildings on 116th Street
Carmel,Indiana
August Mack Proposal Number PA7I0.80
Dear Mr. Staehler:
•
August Mack Environmental. Inc. (August Mack) is pleased to provide you with this cost
proposal to perform an asbestos sampling and analysis project at the above reference sites. The
scope of work to complete this project is summarized below followed by associated cost
information.
ASBESTOS SAMPLING
A building inspector accredited by the Indiana Department of Environmental Management
(IDEM) will perform the tasks necessary to complete the asbestos building survey. The
inspector will perform an inspection of the buildings to identify potential asbestos containing
materials (ACM). The inspector will then implement a sampling and analysis plan designed to
collect representative samples of the potential ACMs. Specifically designed sampling tools, such
- as a stainless steel coring tube, will be utilized for sample collection to minimize material
damage and resulting dust release. All suspect materials will be sampled and analyzed to
confirm the presence of asbestos.
The bulk material samples collected during the inspection will be transported by August Mack
personnel to an accrddited asbestos laboratory using strict chain-of-custody documentation. Any
ceiling tile samples will be analyzed by polarized light microscopy (PLM) augmented with
dispersion staining as specified in US EPA Method 600/M4-82-020. The selected laboratory
will be accredited by the National Institute of Standards mid Technology (NIST) through the
National Voluntary Laboratory Accreditation Program (NVLAP). This is the only professional
accreditation currently recognized for performing bulk asbestos sample analysis.
CONSULTING•PROCESS ENGINEERING•CONSTRUCTION MANAGEMENT
p. 03
FAX NO.
DEC-11-2000 MON 02:34 PM
Mr.Joseph Srachler December 11,2000
Proposal for Asbestos Sampling and Analysis Page 2
It should be noted that the samples will be analyzed on a three working day turnaround basis
using the "group method". Specifically, the bulk Material samples will be grouped into
individual sets of homogeneous areas, which are present in the building and submitted to the
laboratory. Analysis will be performed on the first hulk material sample of each individual group
of samples and analysis will continue on that specific set until a positive result is obtained. If a
positive result is reported, no further laboratory analysis will be performed on the remaining bulk
samples from that specific group of samples and the area will be considered as ACM. The
homogeneous areas will be determined on site with further observations.
REPORTING
August Mack will prepare a final letter report upon completion of the asbestos survey. The
report will include a description of the ACM sampling procedures, locations, condition of ACM,
estimated quantities,and analytical results.
COST INFORMATION
The lump sum cost to perform the asbestos sampling and analysis as described above is $1,350.
This cost is based on the writing of a Site Health and Safety Plan,collecting and analyzing up to
30 suspect ACM samples, project management and reporting. These costs assume that normal
conditions will be encountered, and that any delays, obstructions or other limitations caused by
the client or his agents will result in additional expense to the client. If during the course of the
project, unusual conditions are encountered, the client will be notified and the price will he
adjusted accordingly. A final invoice will be issued upon submittal of the final report.
All work will be conducted as an additional task in accordance with August Mack's existing
contract with the City of Cannel (Contract#0616.99.01).
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 questions, comments or require additional
information regarding this proposal.
Sincerely,
Michael F.Casper
Senior Geologist