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Xenon Geosciences, Inc/UtilXENON Geosciences inc 2009 Appropnation 07 1050 55 P 0 S11555 Contract Not To Exceed $50 000 00 eli t�.cf4f o(0 24',Qq 83 APPROVED AS O FORM By o_ 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 XENON (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 hetern, 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 wnting, to prole tide such additional Services shall such Services be provided by Professional to City A copy of the City's authonzation 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 M89WIy Downsthlhosamal S m3UflUflPS DOT} @A" Gnaw hernamen. Sew a GSk/I/20, 91 AK XENON Geosciences Inc 2009 Appropnanon it 07 1050 55 P O S11555 Contract Not To Exceed $50 000 00 SECTION 3 CI1 Y'S RESPONSIBILITIES 3 1 City shall provide such information as is reasonably necessary for Professional to understand the Services requested 3 2 City shall provide all data required for provision of Services Professional may assume that all data so provided is correct and complete 3 3 City shall arrange for Professional to enter upon public and private property as reasonably required for Professional to perform the Services 3 4 City shall designate payment of the Services from City budget appropriation number 07 -1050 55 funds 3 5 City shall designate the Mayor or his duly authorized representative to act on City s behalf on all matters regarding the Services SECTION 4 PROFESSIONAL'S RESPONSIBILITIES 4 1 Professional shall perform the Services pursuant to the terms of this Agreement and within any applicable time and cost estimate 4 2 Professional shall coordinate with City its performance of the Services 4 3 Professional shall provide the Services by following and applying at all times reasonable and lawful standards as accepted in the industry SECTION 5 COMPENSATION 5 1 Professional estimates that the total price for the Services to be provided to City hereunder shall be no more than Fifty Thousand Dollars ($50,000 00) (the "Estimate Professional shall submit an invoice to City no more than once every thirty (30) days for Services provided City during the time period encompassed by such invoice Invoices shall be submitted on a form containing the same information as that contained on the Professional Services Invoice attached hereto as Exhibit B, incorporated herein by this reference City shall pay Professional for all undisputed Services rendered and stated on such invoice within sixty (60) days from the date of City's receipt of same, or be subject to a late charge of one percent (1 of such unpaid and undisputed invoice amount for each month same remains unpaid 5 2 Professional agrees not to provide any Services to City that would cause the total cost of same to exceed the Estimate, without City's pnor written consent ILL1 &Sly Diramanagtohnsol ia.Rwaw'.Fat aid Iowa FOB/ la dts Am XENON Geosctences Inc 2009 Appropnation 07 1050 55 P O S11555 Contract Not To Exceed $50 000 00 SECTION 6 TERM Unless otherwise terminated in accordance with the termination provisions set forth in Section 71 hereinbelow, this Agreement shall be in effect from the Effective Date through December 31, 2009, and shall, on the first day of each January thereafter automatically renew for a penod of one (1) calendar year, unless otherwise agreed by the parties hereto SECTION 7 MISCELLANEOUS 71 Termination 7 1 1 The obligation to provide all or any portion of the Services under this Agreement may be terminated by City or Professional, without cause upon thirty (30) days' notice 7 1 2 The obligation to provide all or any portion of the Services under this Agreement may be terminated by City, for cause, immediately upon Professional's receipt of City s 'Notice To Cease Services 71 3 In the event of full or partial Agreement termination, and as full and complete compensation hereunder, Professional shall be paid for all such Services rendered and expenses incurred as of the date of termination that are not in dispute, except that such payment amount shall not exceed the Estimate Disputed compensation amounts shall be resolved as allowed by law 7 2 Binding Effect City and Professional, and their respective officers officials, agents, partners and successors in interest are bound to the other as to all Agreement terms, conditions and obligations 73 No Third Party Beneficiaries Nothing contained herein shall be construed to give nghts or benefits to anyone other than the parties hereto 7 4 Relationship The relationship of the parties hereto shall be as provided for in this Agreement, and neither Professional nor any of its agents, employees or contractors are City employees Professional shall have the sole responsibility to pay to or for its agents, employees and contractors all statutory, contractual and other benefits and /or obligations as they become due Professional hereby warrants and indemnifies City for and from any and all costs, fees, expenses and/or damages incurred by City as a result of any claim for wages, benefits or otherwise by any agent, employee or contractor of Professional regarding or related to the subject matter of this Agreement This indemnification obligation shall survive the tem nation of this Agreement [ZS Smeary po ay.a SavacaWORPaltalland saws raw ■m mm aea.14W2909 ISM AM 3 XFNON Geoactences Inc 2009 Appropnatton 07 1050 55 P O S 11555 Contract Not To Exceed $50 000 00 7 5 Insurance 7 6 Liens 7 7 Default 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 mlury to or destruction of pioperty including but not limited to, any loss of use resulting therefrom The coverage amountsishall be no less than those amounts set forth on attached Exhibit C Such insurance policies shall not be canceled without thirty (30) days' pnor wntten notice to City 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 nght to pay or bond over such hen at Piofessional's sole cost and expense 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 Is 'thin five (5) business days after receipt of notice from City specifying same or (d) becomes insolvent, files, of 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 nght to terminate all or any part of this Agreement, without liability to Professional and to exercise any other nghts or remedies available to it at law or in equity 7 8 Government Compliance Professional agrees to comply with all laws, executive orders rules and regulations applicable to Professional s performance of its obligations under this Agreement, all relevant provisions of which being hereby incorporated herein by this reference, to keep all of Professionals required professional licenses and certifications valid and current and to indemnify and hold harmless City from any and all losses damages costs, liabilities, damages costs and attorney fees iesulting from any failure by Professional to do so This indemnification obligation shall survive the termination of this Agreement Ue lasaly Pawn Wfmo Y SenatIMFOILWANICal 109 Swlua FORM Rev 21/IN ..y rJ, 1¢1 .9q 4 XENON Geosciences Inc 2009 Appropnation 07 1050 55 P O S11535 Contract Not To Exceed $50 000 00 7 9 Indemnification 7 12 Notice Professional shall indemnify and hold harmless City and its officers, officials, employees and agents from all losses liabilities, claims, judgments and liens, including, but not limited to, all damages, costs, expenses and attorney fees ansmg out of any intentional or negligent act or omission of Professional and/or any of its employees, agents or contractors in the performance of this Agreement This indemnification obligation shall survive the termination of this Agreement 7 10 Discrimination Prohibition Professional represents and warrants that it and each of its employees, agents and contractors shall comply with all existing and future laws prohibiting discrimination against any employee, applicant for employment and/or other person in the subcontracting of work and/or in the performance of any Services contemplated by this Agreement with respect to hire tenure, terms conditions or privileges of employment or any matter directly or indirectly related to employment, subcontracting or work performance hereunder because of race religion, color sex, handicap, national ongin ancestry age, disabled veteran status or Vietnam era veteran status This indemnification obligation shall survive the termination of this Agreement 711 Severability If any provision of this Agreement is held to be invalid, illegal or unenforceable by a court of competent jurisdiction that provision shall be stricken and all other provisions of this Agreement that can operate independently of same shall continue in full force and effect Any notice, invoice, order or other correspondence required or allowed to be sent pursuant to this Agreement shall be written and either hand delivered or sent by prepaid U S certified mail return receipt requested addressed to the parties as follows CITY City of Carmel Department of Administration One Civic Square Carmel, Indiana 46032 ATTENTION John Duffy PROFESSIONAL XENON, Geosciences, Inc P O Box 681 Danville, Indiana 46122 ATTENTION Mark j Howell WE belly Peal SnwaRNO•INlnf I Ern n FORM an VW be SDMMY 10 19 *M Douglas C Haney Cannel City Attorney One Civic Square Cannel Indiana 46032 XENON Geosciences Inc 2009 Appropnation 07 1050 55 P O 511555 Contract Not To Exceed $50 000 00 715 Waiver Notwithstanding the above, City may orally provide to Professional any notice required of 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 m accordance with the laws of the State of Indiana, except for its conflict of laws provisions, as well as by all oidtnances and codes of the City of Carmel, Indiana The parties agree that, in the event a lawsuit's filed hereunder, they waive any right to a jury trial they may have agree to file such lawsuit in iii appropnate court in Hamilton County, Indiana only and agree that such court is the appropriate venue for and has jurisdiction over same Any delay or inaction on the part of either party in exeicising 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 containsithe 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, wntten 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 then respective successors in interest To the extent any provision contained m 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 authonied 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 patty or the party which they represent, as the case may be r7Jc1I.a4ru... .w ma.a £e% wo.11ema.gS.. ea FORM ter 2.277 dreS20/ W9 11111 MA 6 XENON Geoeciences inc 2009 Appropriation 07 1050 55 P t] 511555 Contract Not To Exceed S50 000 DO 7 19 Headings All headings and sections of this Agreement are inserted for convenience only and do not form a part of this Agreement nor limit, expand or otherwise alter the meaning of any provision hereof 7 20 Advice of Counsel The parties warrant that they have read this Agreement and fully understand it, have had an opportunity to obtain the advice and assistance of counsel throughout the negotiation of same, and entei 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 he 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 nght to examine and audit the same and to make transcripts theie from, and to inspect all program data, documents, proceedings and activities 7 24 Accomplishment of Proiect Professional shall commence lcarry on, and compicte the project with all practicable dispatch, m 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 earned on within City s organization i216 eatiq Decucmarralsamal Sem NVOIWANArsonal Surma. FORM REV NW aarlerOF In IiAFg XENON Geosciences Inc 2009 Appropriation 07 1030 55 P O S11555 Contract Not To Exceed $50 000 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 BY ]a D Lori S Date Brainard, Pr 'ding 0 cer -i ary Burke m. -r Date also e bar A DIan Cordray IAI4C, l r k -T as rer Date I w l At Uzi IkaNstv Delcusmitalimeee I S. ana6ero&dis9 ION R.v NM Inc 5202009 1011 MA 8 XENON GEOSCIENCES, INC ,_J1/4) Authon7ed Signature PnntedName 114 &K. r !-low Title et s i 0€A17 FED/TIN Llo '-f 2.4 I L7 9 SSN if Sole Proprietor Date L8 "Mny 2„004 May 14 2009 Mr John Duffy Director of Utilities City of Carmel Indiana One Civic Square Carmel IN 46032 Dear John, Xenon Geosciences Inc P 0 Box 661 D anville IN 46122 XENON Re Proposal for Professional Services Environmental Services Related to an Underground Storage Tank 106th Street Lift Station 5600 East 106th Street Carmel Indiana IDEM FID No 10079 IDEM LUST ID No 2008 12 503 Xenon Proposal No P 09 08 As requested Xenon Geosciences, Inc rs presenting this proposal to provide professional environmental services related to a release from an underground storage tank (UST) at the 106th Street lift station Our understanding of the Scope of Services to be provided is based on our review of an Initial Site Characterization Report for the release, discussions with Mr Brian Houghton of Jones Henry and the conversation with you Mr Ed Wolfe, and Mr Houghton in a meeting yesterday PROJECT UNDERSTANDING We understand that the City of Carmel intends to perform improvements to the 106th Street Pump Station and headworks including the construction of additional structures immediately south of the pump station This proposed construction area coincides with the location of a 1,000 gallon diesel fuel storage tank that was removed in January 2009 following its failure of a tightness test in the second half of 2008 An Initial Site Characterization was performed by Enviro Sense LLC of Fishers Indiana Soil and ground water samples were collected and analyzed in accordance with IDEM requirements The laboratory results indicate that the soil and ground water do not contain detectable quantities of any volatile organic compounds or semivolatile organic compounds but do contain elevated concentrations of Total Petroleum Hydrocarbons Extended Range Organics (TPH ERO) The City of Cannel qualifies for funds from Indiana s State Revolving Fund to assist9n financing the proposed construction The funds are available with the understanding that contaminated soil will be removed from the proposed construction area prior to construction and that the funds will not be used for the removal "EXHIBIT Ali i-- Phone 317 745 0002 Fax 317 215 0676 XenonGeoscl own Proposal for Professional Services Environmental Services Related to an Underground Storage Tank 106th Street Lift Station 5600 East 106th Street Carmel Indiana IDEM FID No 10079 IDEM LUST ID No 2008 12 503 Xenon Proposal No P 09 08 An initial evaluation indicates that the release from the UST will qualify for coverage under IDEM's Excess Liability Trust Fund (ELTF) If this isithe case, costs associated with IDEM directed work such as a field work and preparation of a Further Site Investigation report, preparation of a Corrective Action Plan and implementation of thekapproved remedial measures will be reimbursed at those rates dictated in the Indiana Administrative Code NATURE OF THE CONTAMINANT TPH ERO is a catch all analysis that is not specific to refined petroleum products such as gasoline or diesel fuel Unlike the analysis of volatile and semi volatile compounds TPH ERO does not detect individual constituents of these products Instead it measures a range of compounds, some of which are constituents of refined petroleum products and others that are not This circumstance can lead to false positive' detections of contamination potentially from naturally occurring organic material deposited in the flood plain sediments or leaked sanitary sewage The detection of only TPH ERO raises several questions about the actual nature of contamination but also creates logistical difficulties The ERO organics that were detected must have been relatively "heavy," meaning that they do not volatilize easy This is evidenced by the inability of the field screening instrument to detect the presence of the elevated levels of TPH -ERO, and by the lack of any other volatile or semi volatile constituents in the environmental samples The inability to detect the TPH ERO contamination in the field is lack of volatility provides the logistical difficulty in recognizing the presence of contaminated materials during the drilling and sampling efforts RECOMMENDED APPROACH Xenon believes that the primary goal of our services is to effect the investigations and remediation as required by IDEM requirements while at the same time assuring that this incident does not interfere with the construction of and funding for the proposed improvements Accordingly we recommend the following approach to this project Task 1 Meettearly with IDEM Management to discuss the unique requirements imposed by the need to construct the planned improvements while addressing the UST release requirements The purpose of this meeting is to get an early buy in from the Office of Land Quality Leaking Underground Storage Tanks on the approach and scope of work that will be implemented within the footprint of the planned improvements Xenon will prepare technical documents for the meeting and will attend with a representative of the City of Carmel including maps of contaminant distributions and ground water flow [Although the document prepared by Enviro Sense LLC includes maps purporting to show the same information their soils maps are extremely difficult to use for visualizing information and their ground water maps depict interpretations that violates the basic hydrogeologic rule that ground water flows down gradient] We do not anticipate that this will be a difficult meeting with IDEM, but believe that early communicat on will prevent issues later in the process and will help preserve eligibility for claims under ELTF "EXHIBIT Xenon Geoscrences Inc P 0 Box 681 Danville IN 46122 0681 Page 2 15 99 Phone 317 745 0002 Fax 317 215 0678 xenonGeosci corn Proposal for Professional Services e Environmental Services Related to an Underground Storage Tank 106th Street Lift Station 5600 East 106th Street Carmel Indiana IDEM RD No 10079 IDEM LUST ID No 2008 12 503 Xenon Proposal No P 09 08 Task 2 Perform soil sampling and analysis as necessary to charactenze the volume of soil that will be removed during construction of the planned improvements Xenon will direct the sampling of six to nine soil borings within the footprint of the planned construction in order to develop a three- dimensional profile of the distribution of TPH ERO In situ testing is recommended because of the reported inability to detect the contaminant with field instrumentation (discussed above as Nature of the Contaminant) This profile will be used to allocate soil removal between ELTF and SRF funds and to provide clear guidance to excavation contractors for the segregation of soil between landfill disposal and stockpiling for reuse It may be beneficial to share this approach with both ELTF and SRF prior to implementation to assure their agreement and allow for modifications that they may request Task 3 Conduct a Further Site Investigatron The components of a further Site Investigation (FSI) are prescribed in detain in the Indiana Administrative Code An important aspect of this work will be to validate the nature of the TPH ERO contamination to assure that it is truly attributable to the release from the diesel UST Xenon will strive to produce an FSI that meets all of IDEM s requirements so as to prepare a single report that meets all of the requirements of the Code in a single submittal [This is not the approach used by all environmental consultants, see discussion on Selection of an Environmental Consultant later in this proposal Task 4 Develop a Remedial Action Plan Upon IDEM's approval of the FSI report Xenon will prepare a Remedial Action Plan for that incorporates the affects of the removal of the contaminated soil prior to construction USE OF SUBCONTRACTED SERVICES Xenon will employ subcontracted services as needed to drill soil borings install ground water monitoring wells and perform laboratory analysts of soil and ground water samples FEES Xenon Geoscrences proposes to perform these services on a time and materials basis using a fee structure that assures full ELTF reimbursement for all applicable costs We would anticipate that some services may be provided that may not be directly related to UST remediation and are therefore ineligible for reimbursement, such as preparation of materials for SRF or meetings to discuss potential impacts to construction Those services will be performed in accordance with the same rate schedule Xenon Geosaences Inc P 0 Box 681 Danville IN 46122 0681 "EXHIBIT k3k Page 3 15 Phone 317 745 0002 Fax 317 215 0678 xenanGeostl corn Proposal for Professional Services Environmental Services Related to an Underground Storage Tank 106th Street Lift Station 5500 East 106th Street Carmel Indiana IDEM FID No 10079 IDEM LUST ID No 2008 12 503 Xenon Proposal No P 99 03 Our fees are estimated as follows Task 1 Meet with IDEM We anticipate that the preparation for a meeting with IDEM will include a detailed evaluation of the data provided in the Site Characterization Report development of maps of contaminant distribution and ground water flow and attendance of meetings with IDEM will require twenty four hours of effort at a professional rate of $102 00 /hr Task 2 Develop a TPH ERO Profile of Soil to be Removed This work would consist of drilling and sampling of six borings within the footprint of the planned construction area to a depth of 40 feet the analysis of eight soil samples per boring (one per 5 ft interval) for TPH ERO a professional geologist to log the samples dunng drilling and 'Reparation of'a brief report that documents the volumes of TPH ERO impacted soil The document will be useful to share with IDEM and SRF to allocate funding between the respective programs This estimate includes an estimated $6,800 for drilling and sampling $3,600 for laboratory analyses, and 50 hours at a professional rate of $102 00 /hr Please note that actual drilling costs will be determined by site conditions Task 3 Further Srte Investigation The total costs to perform the Further Site Investigation cannot be estimated in detail because the actual scope of work will depend on subsurface conditions that are presently not known The fees will include drilling and laboratory expenses In our expenence, these investigations often fall within a $20,000 to $30 000 range Task 4 Remedial Action Plan The fees to prepare a Remedial Action Plan are dependent on the outcome of the FSI Based on what we know today about the site we anticipate this work to be on the order of $8 000 00 SELECTION OF AN ENVIRONMENTAL CONSULTANT Xenon urges the City to seek representation on this project that can demonstrate an awareness of the situation imposed by the planned construction expenence in working with regulators to facilitate construction demands and technical competence in environmental hydrogeology The City will be best served by a consultant that recognizes and understands that the UST issues need to be handled proactively with multiple parties in order to preserve funding for the pump station improvements and eligibility under ELTF Xenon Geosaences Inc P 0 Box 681 Danville IN 46222 0681 "EXHIBIT i Page 4 15 $245000 15 500 00 525 000 00 8 000 00 Phone 317 745 0062 Fax 317 215 0671 XenonGeoscr [rim Proposal for Professional Services Environmental Services Related to an Underground Storage Tank 106th Street Lift Station 5600 East 106th Street Cannel Indiana IDEM FID No 10079 IDEM LUST ID No 2008 12 503 Xenon Proposal No P 09 There are consultants whose business practice is based on performing work under the ELTF program on a direct -pay basis This practice is not necessarily a bad reflection on those firms, as it is often beneficial to the owners of leaking tanks to be able to implement remediation without out of pocket expenditures However it is our view that this practice can remove incentives for flexibility and efficiency in the approach to and implementation of an environmental problem Often it provides rewards to companies that produce technically inferior products that require multiple submittals before they are approved by IDEM reviewers Xenon Geosciences, Inc thrives by providing high quality and responsive services to our client base We endeavor to understand the specific needs of the client and develop an ,understanding of their interaction within applicable regulatory framework Our professional staff is formerly trained and experienced in applied geology hydrology and geophysics We will bnng over twenty years of technical experience and proactive management to this project Xenon routinely coordinates with owners, engineers developers attorneys and regulatory agencies to support our client's unique needs while maintaining compliance with applicable environmental programs CLOSURE Thank you for the opportunity to provide this proposal Do not hesitate to contact us with any questions Sincerely, Xe on Geosciences, Inc Marti Howell LPG President cc Ed Wolfe City of Carmel Wastewater Utilities Brian Houghton Jones Henry Engineers Ltd Xenon Geosciences Inc PO Box681 Danville IN 46122 0681 "EXHIBIT a515 Page 5 15 Phone 317 745 0002 Fax 317 215 0678 xenonGeosti tom