Earth Exploration, Inc./Util'1 t
Earth Exploration, Inc.
Utilities Department -2008
Appropriation #t09-1050-06; P.O. OW08399
Contract Not To Exceed $101.550.00
CORWt_ 4 10.15.ovol
APPROVED, AS TO
FORM 6V:_Z?22
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 Earth Exploration, Inc. (hereinafter "Professional").
RECITALS
WHEREAS City owns and is responsible for the operation and maintenance of its property,
personnel, public works and infrastructure; and
WHEREAS, from time to time, City needs professional assistance in fulfilling its foregoing
responsibilities; and
WHEREAS, Professional is experienced in providing and desires to provide to City the
professional services ("Services") referenced herein; and
WHEREAS, City desires to engage Professional as an independent contractor for the purpose of
providing to City the Services referenced herein;
NOW, THEREFORE, in consideration of the foregoing recitals and the covenants and conditions
set forth herein, City and Professional mutually agree as follows:
SECTION 1. INCORPORATION OF RECITALS
The foregoing Recitals are hereby incorporated into this Agreement.and made a part hereof.
SECTION 2. SCOPE OF SERVICES
2.1 City desires to engage Professional as an independent contractor for the Services set forth in
attached Exhibit A, incorporated herein by this reference.
2.2 Professional understands and agrees that City may, from time to time, request Professional to
provide additional or modified Services to City. When City desires additional Services from
Professional, the City shall notify Professional of such additional Services desired, as well as the
time frame in which same are to be.provided. Only after City has approved Professional's time
and cost estimate for the provision of such additional Services, has encumbered sufficient monies
to pay for same, and has authorized Professional, in writing, to provide such additional Services,
shall such Services be provided by Professional to City. A copy of the City's authorization
documents for the purchase of additional Services shall be numbered and attached hereto in the
order in which they are approved by City.
2.3 Time is of the essence of this Agreement.
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Garth Exploration, Inc.
U,Jlities Department ?008+
Appropriation; 709-1050-05; P.O, MP8399
Contract Not To Exceed $101,550.00
SECTIQN,3. CITY'S, RESPONSIBILITIES
3.1 CityshalI provide such information, as is reasonably necessary for P-rofessional.to'understand`the
Services•requested.
3.2 City shall provide all data required. for provision .of Services. -Professional may assume that all.
data so provided is correct and complete.,
3.3. City shall arrangefor Professional' to enter upon,public and private property as,reasonably?required
for Professional to perform the-'Services.
-3.4 City shall desi'gnate,payment ofthe'Services from City,;budget appropriation number 09-101.0-06
funds,
3.5 City "shall„desigirate the Mayot or'his'duiy authorized represeiifative to act`o_n City's behalf on all
matters regarding the.Services.
SECTION4. PROFESSIONAL'S RESPONSIBILITIES
4.1 Professional shall perform the Services,pursuant:to the teniis of this`Agreement and within any
applicable time and cost estimate:
4.2 Professional shall coordinate with-Cify its:pe formance of the Services!
4.3' Professional shall ' provide the Services by following and applying at all times reasonable and
lawful standards•as accepted in the ridustry.
SECTION 5. COMPENSATION
5.1 Professional. estimates that the total price'for the Services to`be provided Yo City hereunder zhall;be
no -more than. One. Hundred One Thousand Five Hundred Fifty Dollars (S10L,550.00) (the
",Estimate")., Professional shall submit an invoice to City no more than office eveTythirty(30) days
for Services provided City duringtbe"time period"encompassed by such'involce. Invoices-shall be
submitted' on a -form containing the same information, as that contained on the :Professional
Services Invoice attached hereto A Exhibit B. incorporated, herein by this'reference. City shall pay
Professional for all undisputed-Services rendered and stated on such"invoice wiihimsixty (60).days
from the date of-City's receiptrof'same; or, be subject Iola late eharge of one percent (1%) "such
unpaid, and.undisputed;invoice amount for each month same "remains unpaid,
5.2. Professional-agrgcs'not to provide any.Serviees,to City that would cause; the total cost of saute to
exceed the Estimate,-without, City's prior written consent.
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65rth ExplaraHonpine.
Utilities'Departmaat- 2008
Appropriation #09-1050-06; P:O:JWWG8399
Contract Not To Exceed $ 101;550;00
SECTION, 6. TERM
Unless,otherwise terminated'in accordance with the termination provisions,set-forth=in Section 7.1
hereiitbelow; this Agreement shall be in effect from the Effective Date through December 31,
2008, and shall, owthe:first-day of each January thereafter,'autoinatically renew, for a.period of one
(1;) calendar year, unl'ess,otherwiso,agreed by the parties hereto.
SECTION 7. MISCELLANEOUS
7.1 Termination.
7.1.1, The obligation'to provide all or any portion of the.Services under, this Agreement may be
terminated by City-Or Professional, without cause, upon thirty (30) days'.notice.
7.I :2 The obligation to provide all.or any,portion of €he'Services under this Agreement,may be
terminated by City, for cause, immediately upon, Professional's receipt ipt of City's "Notice
To. Cease,Services."
7.1.3 lir the' event of fiill or partial Agreement termination; and as Tull :arid complete
compensation. hereunder, Professional shall be paid for all such Services= rendered and
expanses incurred as: of the date of termination id are not in dispute,. except that such
payment: amount shall not exceed the;Estimate: Disputed compensation amounts shall be
resolved isallowed by law.
7.2 Bindine'Effect.
City and,Professional; and their respective officers;:officials,:agents; partners and successors'in
interest are bound to the other as.to.all Agreement ferns, conditions, and obligations.
73 No Third Party Beneficiaries.
Nothing contained herein shall be construed to give rights'or'benefits to anyone 6i her than the
parties hereto.
7.4 Relationship.
The. relationship of the parties hereto shall be as provided for in this Agreement; and neither
Professional norany of-its agents, employees.or contractors are, City employees, Professional shall
have the'sole responsibility to pay-to' or for'its agents, employees and contractors all statutory,
contractual and other benefits, and/or obligations as they become due. Professional hereby warrants
and indemnifies Cii} for and froin any `and all costs, ,fees, expenses and/or damages incurred by
City as a result ofany claim-for wages; henefits,or otherwise by any agent, employee or contractor
of-Professional regarding or, related to the subject matter of this Agreement. This indemnification
obligation shall survive the termination of this Agreement.,
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Earth Exploration, Inc.
Utilities Department -2008
Appropriation #09-1050-06; P.O. #W08399
Contract Not To Exceed $101,550.00
7.5 Insurance.
Professional shall procure and maintain with an insurer licensed to do business in the State of
Indiana such insurance as is necessary for the protection of City and Professional from all claims
under workers' compensation, occupational disease and/or unemployment compensation acts,
because of errors and omissions, because of bodily injury, including, but not limited to, the
personal injury; sickness, disease, or death of any of Professional's employees, agents or
contractors and/or because of any injury to or destruction of property, including, but not limited to,
any loss of use resulting therefrom. The coverage amounts shall be no less than those amounts set
forth on attached Exhibit C. Such insurance policies shall not be canceled without thirty (30)
days' prior written notice to City.
7.6 Liens.
Professional shall not cause or permit the filing of any lien on any of City's property. In the event
such a lien is filed and Professional fails to remove it within ten (10) days after the date of filing,
City shall have the right to pay or bond over such lien at Professional's sole cost and expense.
7.7 Default.
In the event Professional: (a) repudiates, breaches or defaults under any of the terms or conditions
of this Agreement, including Professional's warranties; (b) fails to perform the Services as
specified; (c) fails to make progress so as to endanger timely and proper completion of the
Services and does not correct such failure or breach within five (5) business days after receipt of
notice from City specifying same; or (d) becomes insolvent, files, or has filed against it, a petition
for receivership, makes a general assignment for the benefit of creditors or dissolves, each such
event constituting an event of default hereunder, City shall have the right to terminate all or any
part of this Agreement, without liability to Professional and to exercise any other rights or
remedies available to it at law or in equity.
7.3 Government Compliance.
Professional agrees to comply with all laws, executive orders, rules and regulations applicable to
Professional's performance of its obligations under this Agreement, all relevant provisions of
which being hereby incorporated herein by this reference, to keep all of Professionals' required
professional licenses and certifications valid and current, and to indemnify and hold harmless City
from any and all losses, damages, costs, liabilities, damages, costs and attorney fees resulting from
any failure by Professional to do so. This indemnification obligation shall survive the termination
of this Agreement.
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Earth Exploration, Inc.
Milities Department- 2008
Appropriation 409-1050-06, P.O. 9WO9399
Contract Not To Exceed'Sl01;550.OO
7.9 Indemnification.
Professional shall indemnify and.hold,harmless City and its officers:. officials, employees and
agents. from all losses, liabilities; claims; judgments and (bens; including, but: not limited to,. all
damages, :costs, expenses. and attorney, fees arising out of any intentional or negligent act or
bmssion'of Profes§tonal,and/or any of its employees, agents, or contractors in the performance of
this Agreement. This°indemmfi"cation obligatiomshall survive°the termination of this Agreement.
7.10 Discrimination Prohibition:
Prafessional repre'sents and warrants thatit:and each of its employees,,:agents,and contractors shall
comply with all existing, and future laws prohibiting discrimination 'against any employee,
applicant 'for employment and/or other person in the subcontracting of work and/or in the
performance of any Services contemplated, by this Agreement with respect to hire; tenure, terms,
conditions or privileges of,ernployment or any matter.directly or indirectly related to employment,
subcontracting or work performance hereunder because, of race, religion, color, sex, handicap,
national origin, ancesrryi age, disabled veteran status or Vietnam era veteran status. This
indemnification obligation shall survive tbe;tetmination of this Agreement.
7.11 Severabilitu.
If any provision of -this Agreement is held -to be invalid, illegal or unenforceable by a court of
competentjurisdiction, that,provision shall be stricken,,and all other provisions'-ofthis Agreement
that can operate independently of same shall continue in full force>and effect.
7.12 Notice.
Any notice,, invoice, order oroiher correspondence required or.allowed.to be sent pursuant-to,this
Agreement shall be,written and either'hand-delivered or sent by'piepaid-U:S. Certified mail.-return
receipt, requested, addressed io the parties asfallows:.
CITY:
City of Carmel
Departm ent: of.Ad mi nistrati on
One Civic Square
Carmeli.Indiana 45037
ATTENTION:. Jolut.Duffy
PROFESSIONAL:
Earth Exploration, Inc.
7770 West New York Street
Indianapolis,IN 46032
ATTENTION: Scott J. Ludlowjh.d.,,P.E.
Douglas C: Haney
Carmel City Attorney
One CivieSquare
Carmel, Indiana 46032.
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Earth Exploration, Inc.
Utilities Department -?008
Appropriation #09-1050-06; P.O. #NV08399
Contract Not To Exceed $101,550.00
Notwithstanding the above, City may orally provide to Professional any notice required or
permitted by this Agreement, provided that such notice shall also then be sent as required by this
paragraph within ten (10) business days from the date of such oral notice.
7.13 Effective Date.
The effective date ("Effective Date") of this Agreement shall be the date on which the last of the
parties hereto executes same.
7.14 Governing; Law; Lawsuits.
This Agreement shall be governed by and construed in accordance with the laws of the State of
Indiana, except for its conflict of laws provisions, as well as by all ordinances and codes of the
City of Carmel, Indiana. The parties agree that, in the event a lawsuit is filed hereunder, they
waive any right to ajury trial they may have, agree to file such lawsuit in an appropriate court in
Hamilton County, Indiana only, and agree that such court is the appropriate venue for and has
jurisdiction over same.
7.15 Waiver.
Any delay or inaction on the part of either party in exercising or pursuing its rights and/or
remedies hereunder or under law shall not operate to waive any such rights and/or remedies nor in
any way affect the rights of such party to require such performance at any time thereafter.
7.16 Non-Assignment.
Professional shall not assign or pledge this Agreement nor delegate its obligations hereunder
without City's prior written consent.
7.17 Entire Agreement.
This Agreement contains the entire agreement of and between the parties hereto with respect to the
subject matter hereof, and no prior agreement, understanding or representation pertaining to such
subject matter, written or oral, shall be effective for any purpose. No provision of this Agreement
may be amended, added to or subtracted from except by an agreement in writing signed by both
parties hereto and/or their respective successors in interest. To the extent any provision contained
in this Agreement conflicts with any provision contained in any exhibit attached hereto, the
provision contained in this Agreement shall prevail.
7.18 Representation and Warranties.
Each party hereto represents and warrants that it is authorized to enter into this Agreement and that
any person or entity executing this Agreement on behalf of such party has the authority to bind
such party or the party which they represent, as the case maybe.
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Earth Exploration, Inc.
Utilities Department - 2008
Appropriation #09-1050-06; P.O. 4WO8399
Contract Not To Exceed $]01,550.00
7.19 Headings.
All headings and sections of this Agreement are insetted for convenience only and do not form a
part of this Agreement nor limit, expand or otherwise alter the meaning of any provision hereof.
7.20 Advice of Counsel.
The parties warrant that they have read this Agreement and fully understand it, have had an
opportunity to obtain the advice and assistance of counsel throughout the negotiation of same, and
enter into same freely, voluntarily, and without any duress, undue influence or coercion.
7.21 Copyright.
City acknowledges that various materials which may be used and/or generated by Professional in
performance of Services,, including forms, job description formats, comprehensive position
questionnaire, compensation and classification plan and reports are copyrighted. City agrees that
all ownership rights and copyrights thereto lie. with Professional, and City will use them solely for
and on behalf of its own operations. City agrees that it will take appropriate action with its.
employees to satisfy its obligations with respect to use, copying, protection and security of
Professional's property.
7.22 Personnel.
Professional represents that it has, or will secure at its own expense, all personnel required in
performing the services under this agreement. Such personnel shall not be. employees of or have
any contractual relationship with City. All of the services required hereunder will be performed
by Professional or under his supervision and all personnel engaged in the work shall be fully
qualified to perform such services.
7.23 Records and Inspections
Professional shall maintain full and accurate records with respect to all matters covered under this
agreement for three (3) years after the expiration or early termination of this agreement. City shall
have free access at all proper times to such records and the right to examine and audit the same
and to make transcripts there from, and to inspect all program data, documents, proceedings and
activities.
7.24 Accomplishment ofProiect
Professional shall commence, carry on, and complete the project with all practicable dispatch, in a
sound economical and efficient manner, in accordance with the provisions thereof and all
applicable laws. In accomplishing the project, Professional shall take such steps as are appropriate
to ensure that the work involved is properly coordinated with related work being carried on within
City's organization.
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'Earth Exploration, Inc.
Utilities Department - 2008
Appropriation #09-1050-06; P.O. #W08399
Contract Not To Exceed $101.550.00
IN WITNESS WHEREOF, the parties hereto have made and executed this Agreement as follows:
CITY OF CARMEL, INDIANA
by and through its Board of Public
Works and Safety
BY:
cry,
Ines Brainard, /Presidt Officer
Date: 1? ? _
Mary ABurke, Member
Date:
Lori S. Watso ember
Date: Ice.
EARTH EXPLORATION, INC.
BY:
Autfioriied Signatu e?
Printed Name: / LUDI-"
siD?6""t
Title:
FID/TIN:
SSN if Sole Proprietor:
Date:
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May 19, 2008
Mr. John Duffy
City of Carmel Utilities
760 Third Avenue S.W.
Carmel, Indiana 46032
EAI?111
2 PLO/PA110NG
owe
1 7770 West New York Street
Indianapolis, IN 46214.2988
317.273.1690 (FAX) 317.273-2250
4310-C Technology Drive
South Bend, IN 46628
574-233-6620 (FAX) 574-233-8242
Re: Proposal for Professional Services:
Geotechnical Evaluation
Water Treatment Plant
Carmel, Indiana
EEI Proposal No. P1-OB=339
Dear Mr. Duffy:
In response to a request from Jones & Henry Engineers, Ltd. (JHE), Earth Exploration, Inc. (EEI)
is submitting the following proposal to perform a geotechnical evaluation for the referenced
project. To summarize, the following proposal includes a brief description of our understanding of
the projects' concepts, a discussion of the anticipated considerations and our approach to
addressing these items, a preliminary schedule, and an estimate of'our fees.
PROJECT DESCRIPTION AND SCOPE OF SERVICES
We understand the city of Carmel is planning to construct a new water treatment plant on the
southeast corner of 106' Street and Gray Road, and you have retained JHE to complete the
design services. As you are aware, a geotechnical evaluation of the site.is required for the design
of foundation systems, among other elements, and to prepare contract documents. Based on
information provided by JHE, the new plant is anticipated to consist of at-grade clear well tanks,
mechanical and electrical buildings, a waste wash-water building, and the main treatment building.
Other aspects of the plant include underground utilities and surface parking. For the most part,
these structures are anticipated to consist of cast-in-place concrete and/or masonry walls with
steel-framed roof elements. For the clear well tanks, a contact-pressure of about 2,000 Ibs/sq. ft
(psf) is anticipated over an approximately 150-ft diameter area. Otherwise, structural loads were
not provided but are not anticipated to exceed 5 kips/ft along walls and 200 kips at column
locations. Further details regarding other project elements/requirements such as proposed
grades, anticipated traffic loading and frequency, surface water drainage and construction
schedule are not known at this time.
The purpose of our services will be to provide an evaluation of the subsurface conditions for the
proposed plant and assess the impact of these conditions on features of design and construction.
As you are aware, the site was formerly mined of sand and gravel by others, and the subsequent
ponds were filled with limestone mine tailings (i.e., material resulting from the washing of
limestone aggregate). Based on our previous exploratory activities, the depth of the mine tailings
is generally about 25 to 35 ft, and the tailings are underlain by outwash and/or alluvial sand and
gravel. We anticipate that limestone bedrock is present near depths of 50 to 65 ft below the
surface. In addition, an active underground limestone mine is present directly below or in the
vicinity of the site, and mining activities include blasting.
"EXHIBIT "
Geotechnical Engineering • Materials Engineering and Testing • Exploratory Field Services
J •.
May 19;, 2008
Water Treatmeni Plant
Carmel, Indiana
Page 2
From previous evaluations by EEI, the Ionine tailings'are generally not conducive for support of at-
grade elements unless improvements are made to the ground. Ground improvement-techniques
torrid include, but not' limited to, removal and replacement,.surcharge loading with accelerated
drainage, stone columns, or ramrned-aggregate piers. In addition, various deep foundation
systems couldalso_represent an economical means to support the sir'uctures, including the floor
slabs. The-use of a -particular type of`foundation or ground improvement will be, in part,
dependent on the construction schedule (e:g., a staging period would be required-for surcharge
loading), economy, and loading conditions, For exterior pavement areas, partial removal and
replacement of the near-surface conditions is anticipated. For estimating purposes,, we concur
with your suggested number and depth of test borings., Our scope of our services is also planned
to include the installation of instrumentation;completion of a laboratory testing, program, and an
engineering evaluation regarding the.irtipacCof the subsurface conditions on geotechnical aspects
of design and-construction.
Specifically„ our services are.anticipated toAnclude
Task 1. Performing 49 test borings as requested for a total of 'up to 2,625 lin. ft. In
addition, four 5-ft?rock cores will be obtained to confirmahe presence?of limestone
for the support of deep foundation elements as necessary. We also propose that
'spilt-spoon samples, using SPT procedures, be obtained at 2'%4t.inteNals within
the upper 10 ft of the ground surface and 5-ft intervals7thereafter. Shelby tube
sampling will be performed as deemed necessary for purposes of obtaining
"undisturbed" samples of the lime sediment. Furthermore, we plan to perform field
vane shear testing and pi'essuremeter testing to :better identify the engineering
characteristics of the limesedimentl Piezometers will be installed to understand
the groundwater conditions, particularly,witriin, the, lime sediment: We anticipate
that'a,Guildozer will be required to access some of the boring, locations;
Task 2. Performing a laboratory testing program including visual soiis classification (ASTM
D 2488), natural moisture content (ASTM D 22,16), gradation analysis (ASTM D
422), percent passing the No; 200 sieve (ASTM D 1140), Atterberg limits
determinations (ASTM D 4318; which provides an- indication of ?thei shear and
deformational characteristics of cohesive=type soils), unconsolidated-und'rained
triaxial compressive strength (ASTM D 2850); and calibrated hand penetrometer
readings (which also provides an indication of the,shear strength characteristics of
cohesive-type soils). In addition, a moisture-density relationship and' Californka
Bearing Ratio (CBR) test will be, performed for purposes of pavement. design.
Furthermore, we plan to utilize the.expertse•. of a. subconsultant to evaluate the
corrosivity of-the lime sedirr e_nt and. underlyiiig'sand.and.gravel with regard to the
planned water treatment plant; and
IaEXHIBIT 4 99
EARTH EXRORATIONa
May 19,"2008
Water Treatment Plant
Carmel, Indiana
Page 3
Task43. Preparing .a technical report which will 'present our -findings and provide
recommendations for, geotechnical considerations regarding,
a) Site preparation including, improvement of n-sit soils for support of pavement and
phasing of these activities to minimize thedisturbance of the subgrade soils;
b) Suitability of the lime sedimer3 for use as backfill and engineered `fill, including
recommendations for placement and compaction if applicable;;
c) Foundations, including ground; improvement and deep foundations-and their lateral
capacity;
d) Soil corrosivlty;
e) Pavement considerations including an estimated modulus of subgrade reaction
and/or CBR; and
f) Potential construction problems due to subsurface conditions (e.g., instability of
temporary excavations/earth: slopes,, poor subgrade condition's,, surface water
drainage and dewatering, and the effect of weather/construction equipment on the
soils)
Our program will include an evaluation of the effects of vibration on the foundation elements due
to blasting.
SCHEDULE
We are typically able to proceed with the: field work' within two to three weeks following
authorization. We 'anticipate that the exploratory'4ield activities will take one month to complete
pending favorable weather conditions. Verbal results can be provided as,information is,.made
available, and a final report will be submitted approximately two months following completion of
the field' activities.
COST
We propose to provideour services on a time=and-expense basis in accoHanw with the attached
General Terms.and Conditions ari'dunit raiesiprovided.in the.cos# Estimate- Forour.se vices, we
estimate the cost for completing-our' evaluation to be $101,550. Please recognize that the total
cost is approximate because it is based on estimated quantities and the project information
provided herein. If any significant variation develops during'the course of-the evaluations, we will
advise you so that our efforts can be effectively directed. We anticipate that monitoring of the
vibration instrumentation will be performed under a separate contract with JHE. 91
It
EARPH EXPZ0RrA710Nz
May 19, 2008
Water Treatment Plant
Carmel,.lndiana
Page 4
This esfimate also assumes thatahe borings will"be backfilled with auger cuttings and bentonite
chips at the,completion of the, exploratory,field activities. The. estimated fee for the field portion of
the work is also dependent-on the borings being accessible`to ATV=mounted equipment. Prior to
performing the field activities, we understand triat-JHE will locate the.test boring locations in the
field. Additionally, we plan-to contact Indiana Underground Plant Protection Servioes to locate
and identify, underground utilities. in the vicinity of'the test boring locations. In addition, we can
notify the. property owner of our boring locations; However, any utilities considered tp be private
are the responsibility of the owner.to locate:
CLOSURE
Thank, you for the continued business.. Wedook forward to providing our services to you on these
projects. Should you have any questions or,if you require additional :informaiion, please feel free
to contact us. As'formal authorization-focus to proceed, please sign below and'.return;.via'fax or
email
Sincerely,
EARTH: EXPLORATION, INC.
AJJ? - ?
"EXHIBIT. E R/ &P,OV/7oN
Attachments: General Terms-and Conditions
Cost.Est€mate
EARTH EXPLORATION, INC.
GENERAL TERMS AND CONDITIONS
FEES FOR PROFESSIONAL SERVICES
Services will be invoked as indicated an the coached proposal and he Nachetl fee
schedule and oNer attachments. ALL TIME, Wcludlng Inavel hours, spent on the
project by prlesdbral, technical and clerical personnel will be iirvolcmd. Unless
ml stated, any coal estimate prosented In our proposal is for budgeting
purposes only and is trot a fixed lunysum bid. Only gross mere Incurred Io complete a
proms bell It nay we lose or greater Men the mat estimates will be invoiced
unless prior written notification to received to stop work If It is appeal Mat the
budgetary estimate Is nor sufOdent W complete the project In a satisfaclory manner , Me
client wig be Mvlsed as soon as practical. Earth Exploration, Inc. (EEI) reserves the
right to --carol- the rates m time ever marerlal conbects to account for increases In le
direct or insured mate. If work eMends beyond the 365 raendar days hem the data of
the aulllaieation to proceed.
SCOPE OF WORK AND TIME LIMIT
The attached proposal is valid la a period of 60 dogs from the proposal data. The
scrape of work is as Identified in Me proposal. It acceptance and authaiugan W
proceed vAM Me work is not received within 60 days, EEI reserves the right to
renegouno the estimated costa, schedule for mnplpupn, personnel coret'Ilmll and
overall scope of work. EEI reserves the right to renegotiate the proposal should Me
cleat choose W altar Oe am" al work from Mal presently Indicated 0 the proposal.
III. RIGHT OF ENTRY
Unless otherwise agreed. Me Went will furnish dght-af-access m the land for EEI to
perform the required enplormons or other necessary imesllgaleauS. EEI will eke
reaaonaole preaulions to ainimae damage to Me IoM from use d equipment. but has
not included In the has the mal kr seminarian nl damage which may result from our
opla.mrs. If Me dianl desires EEI to rest. the land to its In. condition, ON will
No eccopOShed, and Me cost.11 be added to Me tee.
IV. UTILITIES
In Me performance of our work EEI wf0 take all reasonable precau lms to ovoid
damage cr Intury to subterranean structures or utilities. The cleat agrees to hold EIRI
WrmW35 tar any damages to subles"nean sWduras which am, pt rolled W our
abortion and currear, shown on Me plans furnished.
V. INVOICES AND PAYMENTS
Invdces will be submitted cote a month and paymant Is due Net 30 Days from dale m
Me invoice. A I A percent par mono somics charge will be added to all accounts from
than 30 days past due. In Me event Oat EEI shall be successful in any cult for damages
for breach of this agrearmnl Including nerpayrmnl of invotms, or a miace Ibis
agreement or to enjoin the other party from violating this agreement, EEI Shan be
of illed to recd er as pan of its damages Its reasonable legal costs and expenses for
bangftsg all malntalNng any such aeon.
VI. SAMPLES
All wmples of soli and lock which renal after issuing. will be discarded 60 days after
submolasim of our report unless aOarwise directed by the dent. Upon request, we will
deliver samples to the dionl, supping charges tolled on delivery. o we will store Mean
far as agreed charge.
VII. INSURANCE
EEI maintains the Following insurance W rte amounts Oa ialed
TYPE LIMITS
GENERAL LIASIl
Genital Aggregate 32,000,000
Praduelo-ComptOp Aggregate 72.000,000
Psalmist 7 Adv. injury. 111,00000
Each Omumenca 71,000,000
AUTOMOBILE LIABILITY
CarMlned.Single LlnH sip00A00
EXCESS LIABILITY (Umbrella)
Each Occurrence $10.000,000
Aggregate 310,000,000
WORKER'S COMPENSATION Satutay
d EMPLOYER'S LIABILITY
Each Accident f SD0,000
Diseaaa?Potiry Umll 5 500,000
Oisease-Each Employee 7500,000
PROFESSIONAL LIABILITY WITH POLLUTION
CONDITION ENDORSEMENT
Each Claim d Aggregate 52,000,000
Insurance carficales will be A rW.hed on request. Within the limits of to Inanrance,
we agree r save Me client to m ass from and against Ims, damage. Injury, or lee ily
easing. dresly from the negligent ass at omissims of ourselves, our employees,
agents, sum traefon, and their employees and agents. If the Werth contract ac
Purchase order places greater responsibility upon EEI, or requires fuller insurance
cmarage, we If spat frrally directed by the denL wwe obtain addtional Iresoanm (if
procurable), at rte denus expense: but wc, shad not be respnsise for propady
damage for any muse. Including lire and explosion, beyond the amount and coverage
of pr Wuranca. In sodium. we require I:at EEI be named'as an additional Insured In
any hold h mlless agreements against Old parry sulo between to client a owner and
any contractor who may pedomm work in. co ern ari with any study m mixer pepere f
by EEI.
VIII. STANDARD OF CARE
Our professional sarvices will tom conducted In a manner consistent win Me level at
care and .;All ordinealy ...,dead by members of the geolec],Hcal
eminmringlemironmenol services profesafm prectidng mntaworamously under
similar cmdill in Me kcelAy of the project. Undar m srmmslance is any vanity
expressed on implied.. made in connection with the providing of gemechrlml
eagnoarksVemnamental services.
IX. LIMITATION OF PROFESSIONAL LIABILITY
The dent agrees to Until any and all liability or claim damages, =is of defense, or
expenses to be levled against EEI, to a aunt not to exceed $25,000, m the Ocurn of
our fen, whatmen is greater, a account of any design defer, error, ondsslm, or
professional negligence. Further. Me dent agrees to entity my -onmeaur or
subcontractor who may perform works in manectipn. with my design, fa ort, or study
papued by EEI af. such limitation of liability for design, defects, arras, mrisstons, or
professional negligence, and requires as a condition precedent a their performing On
work a Iika limitation or Nabltty at Oalr pan as against EEI. In the event Mat Me dent
fails la oboln a like Ilnow ion of liability proeisen es to design defects, arras,
mnisslme, or prolOnaonal negligence; availability of The client and EEI, to such
celtrasar o submnmeacr asking out of 0 design defect error, omission. or
proleasimal negligence. shall be allocated between the client ell EEI In such a
manner that the aggregate Iial of EEI for such a design dated to all pares.
Including Me deer, stall nor exceed 750,000 or the amount of our lee; whaoe Is
greater.
X. SAFETY
Any censaudion review of Me mnususVo performance conducted by EEI is not
Intended In Include review of Ma adequacy, of the mnbado(s sorely measures in, on,
or mar We mns"clion site. The contractor will be solely antl completely responsible
for working abrasions of Me tab site. Including safety of all persons and property during
performance of the work. This requirement will apply conllnuousty all not be united to
normal mddng hours.
XI. PROPRIETARY INFORMATION
The ideas a oMe, lnfom itim contained in the proposal may be propaeary and shall
ml be disclosed to any parties outside of Me discus sluff of he duplicaod, used. or
dsdosed In whale ar part for. my purpose m er Man to evaluate Ihe proposal. Should
the proposal be accepted, the client Nall have the night 0 cuplialu, use, or disclose to
the extent provided through a written agmamant war EEI.
"EXHIBIT ??? 11 EAPPI&Ll
COST ESTIMATE
Water Treatment Plant
Carmel, Indiana
EXPLORATORY FIELD ACTIVITIES
Mobilization and demobilization 1 LS $250.00 / LS $250.00
Test borings 2625 ft $9.00 / ft 23,625.00
Split-spoon sampling 700 ea $12.00 / ea 8,400.00
ATV-mounted equipment 30 day $200.00 / day 6,000.00
Rock coring 20 ft $30.00 / ft 600.00
Rock core set-ups 4 ea $80.00 / ea 320.00
Soundings for in-situ field testing and instrumentation 500 ft $7.00 / ft 3,500.00
Shelby tubes 10 ea $50.00 / ea 500.00
Field vane shear 25 ea $50.00 / ea 1,250.00
Assist with boring layout and utility coordination 10 hr $75.00 / hr 750.00
Dozer rental 1 wk $1,500.00 / wk 1,500.00
Staff professional (vis. of dozer spoil & slug testing) 30 hr $75.00 / hr $2,250.00
PRESSUREMETER TESTING & INSTRUMENTATION
Subtotal $48,945.00
Geotechnical engineer 20 hr $75.00 / hr $1,500.00
Pressuremeter equipment 2 day $500.00 / day 1,000.00
Driller standby 20 hr $130.00 / hr $2,600.00
Down-hole geophones (including accessories) 2 ea $2,000.00 / ea $4,000.00
Stand-pipe piezometers (2-in.) 200 ft $23.00 / ft 4,600.00
Installation of vibration monitoring elements (geologist) 20 hr $75.00 / hr $1,500.00
LABORATORY
Visual soil classification, moisture content,
Subtotal $15,200.00
and hand penetrometer readings 4 hr $70.00 / hr $280.00
Gradation analysis 10 ea $100.00 / ea 1,000.00
Atterberg Limits 20 ea $70.60/ ea 1,400.00
Percent Passing a No. 200 Sieve 20 ea $70.00 / ea 1,400.00
Standard Proctor 1 ea $125.00 / ea 125.00
California Bearing Ratio (CBR) 1 as $400.00 / ea 400.00
Consolidation 2 ea $350.00 / ea 700.00
Unconsolidated undrained (UU) triaxial compression 6 ea $350.00 / ea 2,100.00
Soil corrosivity evaluation (subconsultant) 1 LS $10,000.00 / LS 10,000.00
Subtotal $17,405.00
ENGINEERING
Senior geologist 40 hr $100.00 / hr $4,000.00
Senior geotechnical engineer 100 hr $100.00 / hr $10,000.00
Principal engineer 40 hr $150.00 / hr $6,000.00
Subtotal $20,000.00
Estimated Total $101,550.00
"EXHIBIT 44 99
EA1?,WEXPLORAT/ONE