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HomeMy WebLinkAbout6E2(' G), SpUTg A Department of Community Investment 7865 Memorandum October 10, 2013 TO: South Bend Redevelopment Commission `b" FROM: David Relos, Economic Resources - SUBJECT: Professional Services Proposal - Weaver Boos Consultants Main Lafayette Connector environmental testing This professional services proposal from Weaver Boos Consultants is to provide services for recently discovered petroleum- impacted soil in the right of way of the Main Lafayette Connector street project, in the SSDA. The impacted soil was found in what was historically a residential area, and is believed to have been from a leaking kerosene or heating oil container. The scope of this proposal is for field investigation, including soil sampling and field testing for petroleum based compounds, in addition to eight soil and eight ground water samples being sent to a laboratory for more in depth analysis. Though no monitoring wells are thought to be needed at this time, the proposal includes three sampling sites that could be converted if the analysis uncovers the need for further study. Upon completion of the soil and ground water analysis, an Initial Site Characterization report will be prepared, and if needed, submitted to IDEM. Staff requests approval of this professional services agreement in a not -to- exceed amount of $19,954, which includes environmental testing, project coordination, and report completion. 227 W. JEFFERSON BLVD. SOUTH BEND, IN 46601 1 P: 574- 235 -9371 1 FAX: 574 - 235 -9021 1 SOUTHBENDIN.GOV iiSiEAZ7ER BOOtS CONISULTANTIS October 3, 2013 Proposal LLCP- 001 -17 -13 Mr. Dave Relos, Economic Development Planner City of South Bend — Board of Public Works 227 W. Jefferson Blvd. Suite 1300 N South Bend, IN 46601 Re: Proposal for Environmental Consulting Services/Initial Site Characterization Petroleum - Contamination Site Main Street and Lafayette Blvd Connector South Bend, IN 46601 Dear Dave: Weaver Boos Consultants, LLC. (Weaver Boos) appreciates the opportunity to provide the City of South Bend (South Bend) this proposal to provide environmental consulting services in relation to the petroleum - impacted soil recently discovered during a road construction project located between Lafayette Blvd and Main Street and south of Barbee Street. A soil sample was collected and tested for hazardous waste characteristics (to obtain landfill approval) and also for petroleum constituents. The results indicate that the soil is non - hazardous and is likely impacted with a light petroleum fuel, perhaps heating oil or kerosene. It is our understanding that the location of the discovered impacted soil was historically occupied by houses which could indicate that the petroleum may be heating oil. The impacted soil may be related to a possible leaking heating oil underground storage tank (UST) but no confirmation of the UST has been made. According to the Indiana regulations, a release of a regulated material including heating oil from an unregulated tank (such as a residential heating oil tank) is subject to the Indiana Spill Rule. The responsible party is obligated at a minimum to determine if the environment has been adversely impacted and if corrective action is required. There maybe reporting obligations and the incident maybe referred to the Indiana State Cleanup Program once repotted, but an initial site characterization (ISC) is warranted prior to making that determination. 4085 A4eghan Beeler Court • South Bend, Indiana 46628 • Phone: (574) 271 -3447 • Fax: (574) 271 -3343 www.weaverboos.com Mr. Dave Relos October 3, 2013 Page 2 of 7 PROJECT OBJECTIVES The initial objective of the project is to complete the ISC investigation and prepare the ISC report. Depending on the results, the report may or may not be submitted to the Indiana Department of Environmental Management (IDEM). The ISC investigation will be completed in accordance with the Indiana Remediation Closure Guide. The primary objective is to characterize any potential soil and /or groundwater impacts to determine if any further action is warranted which may include reporting to IDEM the incident, the completion of further site investigation, and the completion of corrective action. Should the incident be reported to IDEM it would likely be directed to the State Cleanup Program of IDEM and be issued an incident number. If such a scenario occurs, then the final objective would be to obtain a No Further Action Letter. The following presents our proposed Scope of Work to address these individual project tasks: • Task 1 — Complete Initial Site Characterization Activities; • Task 2 — Complete Further Site Investigation Activities (if necessary); • Task 3 — Prepare Corrective Action/Remediation Work Plan (if necessary); • Task 4 — Implement Corrective Action Plan/Remediation Work Plan (if necessary); • Task 5 — Request Closure/NFA (if necessary) Each of these tasks is described in detail below SCOPE OF WORK Task 1— Complete Initial Site Characterization Activities Field Investigation To complete the assessment, Weaver Boos proposes to follow IDEM boring placement and soil sampling requirements. To maximize efficiency, potential impacts will be characterized by advancing a series of soil probes using a Geoprobe in the area of the discovered impact. Soil samples will be sampled continuously from each soil probe and field screened using a photoionization detector (PID) for the presence of contaminants associated with petroleum. A minimum of five soil probes will be advanced in the area of the discovered impact. One probe location will be in the approximate center of the discovered impact. The four remaining soil Mr. Dave Relos October 3, 2013 Page 3 of 7 . probes will be advanced approximately 20 feet to the north, south, east, and west. Each soil probe will be advanced to the water table (anticipated to be approximately 25 feet). Additional soil probes may be advanced dependent upon site conditions. Three additional soil probes are included as part of this proposal should it be warranted. Soil samples will be collected and field screened for the presence of volatile organic compounds (VOCs) by using a photoionization detector (PID). Water samples will be collected from each probe using a Waterra pump. Unsaturated soil samples with the highest PID levels at the each boring locations and all groundwater samples will be submitted to an analytical laboratory for analysis of the following parameters: VOCs, PNAs (including naphthalenes), lead, and lead scavengers as specified by the IDEM in Table 3.1 of the Remediation Program Guide No monitoring wells are proposed at this time. However, should site conditions dictate (additional soil contamination and likely groundwater impacts are identified), three of the soil probe locations will be converted to 2 -inch diameter monitoring wells constructed of PVC casing. A cost for these wells is included with this proposal. One well will be located within the location of the discovered impact and one well will be located in the direction of the suspected ground water gradient. The top of each well will be completed flush with the ground surface. Top of casing elevations will be surveyed. Ground water elevations will be measured in each well and a general groundwater flow direction will be determined. Each monitoring well will be constructed in accordance with general accepted construction standards and IDEM regulations. For cost estimating purposes, we have assumed that the 8 soil samples and 8 ground water samples will be submitted for analysis. To support a possible closure for this site, Level IV data quality objectives (DQOs) will be met. The IDEM requires the collection of various quality assurance/quality control (QA/QC) samples be collected during site characterization to ensure proper sampling and analytical techniques are being followed. These include a matrix spike /matrix spike duplicate (soil and water), equipment blank, field duplicate (soil and water), and trip blank (water). Weaver Boos estimates that an additional three soil samples and four water samples will be required to comply with QA/QC requirements. The actual number of analyses or parameters for this entire project might require modification based upon conditions encountered in the field and the laboratory analytical results. Any modification to the proposed analytical sampling program as outlined in this task or subsequent tasks will be discussed in advance with the City. Sampling and laboratory analyses will be Mr. Dave Relos October 3, 2013 Page 4 of 7 performed in general accordance with approved techniques and methods as outlined in USEPA SW -846, Test Methods for Evaluating Solid Waste, Third Edition, and other published sources. Laboratory- certified sampling containers for the samples will be filled (and preserved) in accordance with laboratory specifications. The samples will be placed into a cooler, packaged with ice to maintain a shipment temperature of approximately 4 degrees Centigrade, documented with a chain -of- custody form, sealed, and shipped overnight or hand - delivered to the analytical laboratory. Prepare Initial Site Characterization Report Upon conclusion of the field activities related to the Initial Site Characterization, a report will be completed and submitted to the City. The report will be prepared in accordance with the general outline provided by Indiana rule for the completion of an ISC and maybe suitable for submission to IDEM if conditions warrant. The results of the ISC may indicate that further investigation is necessary (extent of impact is not completely characterized due to migration), cleanup maybe required, IDEM involvement maybe necessary, or additional action is not necessary based on the findings of the ISC. Proiect Management In support of the activities described additional communications (telephone, email, facsimile, and in- person, either on -site or off -site) between Weaver Boos, City, IDEM personnel, and subcontractors will occur to effectively manage the project. Task 2 — Complete Further Site Investigation Activities (f necessary) If the impacts are widespread, a Further Site Investigation (FSI) will be required. This proposal does not include a specific scope of work for the FSI since site conditions including groundwater flow direction and initial site conditions are not known. A proposed scope for the FSI will be included in the ISC Report should it be necessary. If necessary an FSI will likely include additional borings and monitoring wells to completely characterize the extent of contamination. Task 3 — Prepare Corrective Action Plan/Remediation Work Plan (if necessary) If soil and/or groundwater contaminant concentrations exceed RCG screening levels then corrective or remediation action will be necessary. Once the nature and extent of contamination Mr. Dave Relos October 3, 2013 Page 5 of 7 has been defined Weaver Boos will prepare a Corrective Action Plan (CAP) or Remediation Work Plan (RWP). A specific scope of work and cost estimate for the preparation and implementation of the CAP cannot be provided until the site characterization has been completed. The CAP will be prepared in accordance with IDEM rules. The CAP will be prepared separately from the ISC/FSI Reports and may or may not be submitted to IDEM concurrently depending upon the magnitude of the subsurface impacts. Task 4 — Implement Corrective Action Plan/Remediation Work Plan (f necessary) Weaver Boos can implement corrective action if found necessary by the City based on site conditions. Task 5 — Request Closure/NFA (f necessary) Once IDEM approves the CAP (review will normally occur within 60 days of submittal), Weaver Boos will implement the CAP. Periodic progress reports may be required to be prepared and submitted to IDEM. Once the CAP has been completed then a closure report will be submitted requesting a No Further Action Letter (NFA) letter for the release. If no groundwater impacts are identified during site characterization, Weaver Boos anticipates that additional soil excavation and disposal will be considered as the preferred corrective action to be implemented in response to this incident should additional impacted soil be identified. If results of the ISC completed as part of Task 1 indicate that the soil and groundwater contaminant concentration do not exceed RCG screening levels then no further action will be warranted and the overall project will be deemed complete. Tasks 2 -5 will not be necessary. SCHEDULE Task 1 can be completed within 60 days of authorization. An estimate schedule to complete the remainder of the tasks outlined (if deemed necessary) is entirely dependent upon the extent of subsurface impacts identified. COST ESTIMATE Weaver Boos proposes to perform the work as outlined in Task 1 on a time and material basis in accordance with our fee schedule included with this proposal. We estimate the work can be completed for the budget summarized below. The budget does include three permanent Mr. Dave Relos October 3, 2013 Page 6 of 7 monitoring wells. Since actual site conditions are not presently known, a specific cost estimate to complete the remaining tasks will be provided once Task 1 has been completed (if necessary). If the ISC completed as part of Task 1 indicates that the soil and groundwater contaminant concentration do not exceed RCG screening levels the overall project will be deemed complete. Tasks 2 -5 will not be necessary. The cost below does not include disposal of contaminated soil cuttings /drums should they be generated during the project, but a unit cost is provided on the itemized cost estimate sheet. If there are no indications of impact in the field, the cutting will be distributed on the ground. If impacted, the cuttings will be containerized in 55- gallon drums to be disposed of at a landfill. Task/Item Cost Estimate Initial Site Characterization (ISC) $ 19,954.00 Attached to this proposal is an itemized cost estimate for Task 1. Payment for services rendered is due in accordance with our attached General Terms and Conditions. The estimated cost and proposed Scope of Work are based on information available to Weaver Boos at this time. If conditions change, work extends beyond the scheduled completion date, unforeseen circumstances are encountered, or work efforts are redirected by the client, our cost estimate may require modification. For projects of this nature, we have found that investigation and reporting requirements, revisions to draft deliverables, and work scopes are sensitive to project objectives and the preferences of individual reviewers. As a result, our estimates do not provide for extensive revisions of deliverables for content, approach, or style. We fully expect to complete the outlined tasks described above for the stated sum, and this cost will not be exceeded without your prior authorization. You will be invoiced on a unit -rate basis only for the work actually performed. AUTHORIZATION If this proposal meets with the City's objectives, please indicate authorization to proceed by signing the attached Proposal Acceptance Sheet and returning one complete copy of this proposal to us for our files. We propose that the outlined work be performed in accordance with the General Terms and Conditions and Fee Schedule, which are attached and incorporated herein by Mr. Dave Relos October 3, 2013 Page 7 of 7 reference. Any modification to this proposal or the attached General Terms and Conditions or Fee Schedule must be accepted by both parties. This proposal is valid if accepted within 30 days of issuance. We appreciate this opportunity to be of service and are looking forward to working with you on this project. If you should have any questions or comments concerning this proposal, please do not hesitate to contact our office. Sincerely, Weaver Boos Consultants, LLC Edwazd B. Stefanek Senior Project Manager Attachments: Table 1 - Cost Estimate Proposal Acceptance Sheet General Terms and Conditions Fee Schedule Table 1 TASK TOTALS $13,424 $6,246 $284 $19,954 Sub -Task Descrintions 1 - Field Investigation 3 - Project Management 2 - Report Preparation " includes three monitoring wells if necessary " optional drum disposal will be charged $ 750 for mobilizaiton and $ 175 per drum Page 1 of 1 Cost Estimate for Initial Site Characterization (Task 1) Road Construction Project Lafayette Blvd/Barbee Street/Main Street South Bend, Indiana Total Total Category Rate* Unit Sub -Task 1 -A Sub -Task I -B Sub -Task 1 -C Hours Cost Principal $185 hr. 0 0 0 0 $0 Sr. Project Manager $142 hr. 6 8 2 16 $2,272 Staff Eng. /Geol. $93 hr. 16 40 0 56 $5,208 Engineer /Scientist $76 hr. 16 0 0 16 $1,216 CAD /Technician $82 hr. 0 15 0 15 $1,230 Admin Support $55 hr. 2 2 0 4 $220 Total Hours 40 65 2 107 Total Labor Cost $3,666 $6,196 $284 $10,146 SUBCONTRACTOR EXPENSES Total Category Rate Unit Task 1 Task 2 Task 3 Units Cost Laboratory Subcontractor $0 VOCs (12 water samples) $128 ea. $1,536 12 $1,536 VOCs (I I soil samples) $88 ea. $968 11 $968 PNAs (22 soil and water samples) $98 ea. $2,156 22 $2,156 Lead (I I soil samples) $18 ea. $198 11 $198 Drilling Subcontractor* $0 Mobilization/Probing Services" LS $3,500 - $3,500 Materials LS $1,300 $1,300 Total Subcontractor Expenses $9,658 $0 $0 56 $9,658 REIMBURSEABLE EXPENSES Total Category Rate Unit Task I Task 2 Task 3 Cost Mileage $0.50 mi. $0 $0 $0 Photoicnization Detector $100 day $100 $0 $0 $100 Sample Supplies, Bailers, etc. LS $0 $0 $0 $0 Sample Shipping LS $0 $0 $0 $0 Reproduction & Postage LS $0 $50 $0 $50 Total Reimburseable Expenses $100 $50 $0 0 $150 TASK TOTALS $13,424 $6,246 $284 $19,954 Sub -Task Descrintions 1 - Field Investigation 3 - Project Management 2 - Report Preparation " includes three monitoring wells if necessary " optional drum disposal will be charged $ 750 for mobilizaiton and $ 175 per drum Page 1 of 1 WEAVER BOOS CONSULTANTS, LLC 4085 Meghan Beeler Court South Bend, Indiana 46628 Voice: 574- 271 -3447 Fax: 574-271-3343 PROPOSAL ACCEPTANCE SHEET (TWO PAGES) Description of Services: Initial Site Characterization Main Street and Lafayette Blvd Connector Road Construction Project Property Address: S. Lafayette Blvd Project City /State: South Bend, IN Weaver Boos Proposal No.: 001 -17 -13 Date: October 3, 2013 For approval and payment of charges, invoices will be charged to the account of: Firm: City of South Bend Street Address 1: Board of Public Works Street Address 2: 227 W. Jefferson Blvd. Attention: Dave Relos City /State: South Bend, IN Telephone: 574- 235 -5836 Zip Code: 46601 Fax: This AGREEMENT is subject to the attached General Terms and Conditions and the following special provisions /payment schedule: Weaver Boos Consultants, LLC Proposal Number 001- 17 -13, dated October 3, 2013 and any attachments. Page 1 of 2 Accepted by: BOARD OF PUBLIC WORKS Weaver Boos Consultants, LLC Client Gary A. Gilot, President Donald E. Inks, Member Kathryn E. Ross, Member Mark W. Neil, Member Michael C. Mecham, Member Linda M. Martin, Clerk Accepted Acknowledge the Terms and Conditions Page 2 of 2 By (Signature Edward B. Stefanek By (Type/Print) Title Accepted Acknowledge the Terms and Conditions WEAVER BOOS CONSULTANTS, LLC ANNUAL FEE SCREDULE - PROFESSIONAL SERVICES (Effective January, 20 10) I. PROFESSIONAL STAFF U.S. a) Principal /Corporate Consultant .......................................................... ............................... Hr 185.00 b) Project Director .................................................................................. ............................... Hr 164.00 c) Senior Project Manager ...................................................................... ............................... Hr 142.00 d) Senior Project Engineer/ Scientist ....................................................... ............................... Hr 131.00 e) Project Manager .................................................................................. ............................... Hr 120.00 f) Project Engineer /Scientist/Enviromnental Specialist .......................... ............................... Hr 104.00 g) StaffEngineer/ Scientist /Environmental Specialist ............................. ............................... Hr 93.00 h) Engineer /Scientist/Environmental Specialist ...................................... ............................... Hr 76.00 IL TECHNICAL STAFF U.S. a) Union Engineering Technician - Journeyman ....................................... ............................... Hr 98.00 b) Union Engineering Technician ........................................................... ............................... Hr 93.00 c) Construction Superintendent ............................................................... ............................... Hr 93.00 d) Construction Manager ........................................................................ ............................... Hr 82.00 e) System Specialist ................................................................................ ............................... Hr 76.00 0 System Technician .............................................................................. ............................... Hr 71.00 g) Certified Technician .......................................................................... ............................... Hr 66.00 h) Senior Engineering Technician ........................................................... ............................... Hr 60.00 i) Engineering Technician 11 .................................................................. ............................... Hr 55.00 j) Engineering Technician I ..................................................................... ............................... Hr 43.00 III. SUPPORT STAFF U.S. $ a) CAD Designer III ................................................................................ ............................... Hr 93.00 b) CAD Designer 11 ................................................................................. ............................... Hr 82.00 c) CAD Designer I .................................................................................. ............................... Hr 60.00 d) Technical Assistant ............................................................................. ............................... Hr 55.00 e) Clerical/Word Processing ................................................................... ............................... Hr 55.00 IV. GENERAL EXPENSES a) Automobile Transportation ............................................................... ............................... Mi. 0.75 b) Subcontract Service or Rental ........................................................... ............................... Cost + 15% c) Report Preparation (outside services) ................................................ ............................... Cost + 15% d) Outside Services (e.g. photographer, film processing, overnight delivery, etc.) ........... ............................... Cost+ 15% e) Per Diem (food and lodging) ............................................................. ............................... $120 /day i) Per Diem (no lodging) ........................................................................ ............................... $30 /day g) Transportation by Commercial Carrier or Rental Car ......................... ............................... Cost +15% h) Travel Expenses .................................................................................. ............................... Cost +15% UNIT PRICE NOTES: I. All professional, technical, and support staff time and expenses spent in furtherance of the client's work will be billed. This includes, but is not limited to, proposal, field, travel, research, technical review and reporting, project management, client meeting and project - specific administrative time and expenses. 2. An overtime rate of 1.3 times the regular rate is billed for technical and support staff services for work in excess of 40 boors per week, work between 7:00 p.m. to 5:00 a.m., and work on Saturdays. This overtime rate is increased to 2.0 times the regular rate for work on Sundays and holidays. 3. Unless otherwise agreed to in writing, a monthly interest charge of 18% per annum, will be charged accruing from the date of invoice, on all invoices not paid within 30 days. 4. The unit rates are subject to periodic modification (typically annually). These rate modifications will be incorporated into long -term projects, unless otherwise addressed in the project contract. 5. Deposition and testimony services are charged at 1.5 times the regular hitting rate. GENERAL EXPENSE NOTES: L Rates quoted are for expenses only, equipment purchased on the client's behalf is marked up 25% 1 Personnel rates are billed separately from general expenses. 3. Standard non - disposable protective outer -wear or equipment damaged or contaminated by site conditions are billed at replacement fast plus 15 %. 4. General expense mark -ups may be negotiated based upon contract size and payment tens. 5. The per dim rates set forth above an the standard rases we typically use for our technical stag' on projects. We reserve the right to modify these rates in high cost areas. 6. Mileage rate is based on gasoline price of $3.60 per gallon. A fuel surcharge may be added if conditions beyond Weaver Boos Consultants North Central, LLC control warrants it. Any mod(/7cation to this fee schedule requires floe written approval of Weaver Boos Consultants, LLC x:ww IC.esd"a WBCUJC «sdana._soto.d- Pagel oft WEAVER BOOS CONSULTANTS, LLC ANNUAL FEE SCHEDULE - PROFESSIONAL SERVICES (Effective January, 2010) V. SURVEYING a) Senior Professional Land Surveyor ................................................... ............................... Hr 138.00 b) Professional Land Surveyor ............................................................... ............................... Hr 117.00 c) Survey Project Coordinator ............................................................... ............................... Hr. 90.00 d) Survey Party Chief ............................................................................ ............................... Hr 90.00 e) Survey Party - 2 Man/Conventional .................................................. ............................... Hr 138.00 f) Survey Party - 3 Man/Conventional ................................................. ............................... Hr 180.00 g) Survey Patty - 1 Man/GPS or Robotic ............................................ ............................... Hr 138.00 h) Survey Patty - 2 Man/GPS or Robotic ............................................. ............................... Hr 180.00 i) Survey Party - 3 Man/GPS or Robotic .............................................. ............................... Hr 223.00 VI. EQUIPMENT RENTAL FEES a) pH, Specific Conductance and Temperature Meter ........................... ............................... Day 40.00 b) Peristaltic Filter Pump ....................................................................... ............................... Day 35.00 c) Electric Purge Pump .......................................................................... ............................... Day 40.00 d) Grundfos Pump Control Box ............................................................. ............................... Day 100.00 e) Water Level Indicator ........................................................................ ............................... Day 30.00 0 Filter and Hose (for pump) ................................................................ ............................... Ea 20.00 g) Micropurge Flow Cell and Sonde ...................................................... ............................... Day 120.00 h) GA 90 (formerly grouped with GEM'S below) ................................. ............................... Day 90.00 i) Modified Level "D" (Tyveks, Boots, Gloves) /per person/per chg of clothing ................. Ea 50.00 j) Photoionization Detector Meter ........................................................ ............................... Day 110.00 k) Nuclear Density Gauge ...................................................................... ............................... Day 60.00 1) Air Sampling Equipment, per pump .................................................. ............................... Day 50.00 m) Hand Operated Field Probe Equipment ............................................. ............................... Day 25.00 n) Explosimeter ..................................................................................... ............................... Day 30.00 o) GA90 /GEM 500 /GEM 2000 Gas Analyzer ....................................... ............................... Day 175.00 p) Flame Ionization Detector ................................................................. ............................... Day 110.00 q) Interface Probe .................................................................................. ............................... Day 50.00 r) ATV .................................................................................................. ............................... Day 50.00 s) Company Truck ................................................................................. ............................... Day 75.00 t) Hand -Held Field GPS/ G15 ................................................................ ............................... Day 150.00 u) Laser Level ....................................................................................... ............................... Day 75.00 v) Spatial Imaging Laser Scanner ......................................................... ............................... Day 2,500.00 TESTING AND RENTAL NOTES: 1. Rates for testing and equipment not listed above are available on request. 2. Testing and equipment rental costs are negotiable for specific projects and for on -site laboratory programs. 3. Laboratory unit prices cover equipment and labor costs to perform standard test procedures and laboratory reports with normal turn- around times. Non - standard testing requirements, supervisory and pmjmt management costs, data evaluation costs, and environmental sample disposal costs are not included in the testing unit prices and are billed separately. 4. Equipment rental rates am for equipment costs only. Transportation, calibration and personnel costs are billed separately. 5. Daily and weekly rates cover a maximum of 10 and 50 hours respectively. 6. SAMPLES WILL NOT BE RETAINED beyond classification and testing unless other arrangements are agreed to in writing. Environmental samples remain the property of the client. Any modification to this fee schedule requires the written approval of Weaver Boos Consultants, LLC ICwngmlrs aeiedak \Wa['I.ICFxSdadWe mlo&, Paget oft These General Terms and Conditions are incorporated by reference Into the foregoing Proposal and shag along with the Proposal osnsttuter the agreement (the "Agreemar") under which services are to be performed by Wawa Boos Consultants North Central, LLC(WBC)fcrClient Unless timely accepted without reservation or change by C11*4 de Proposal shall remain valid for 90 days after which time it shell expire and been deemed revoked. a, b. It is understood that the scope of servicas and thus schedule deflued In the Proposal are based on the information provided by Client and curtain assumptions bated upon WBC's experience and Chant's representations. If this information Is incomplete or inaccurate, or if unexpected site conditions am discovered, the scope of services and time schedule may change, even as the work Is in progress. The scope of services shall include all services provided by WBC In its discretion, which are reasonably necessary and appropriate for the effective and prompt fulfillment of W BC'S obligations under the Agreement and nil services shall be subject to the provisions of the Agreement, including these General Terms and Conditions and any Supplemental Terms or Conditions Incorporated herein. AB such services provided shag be invoiced and paid for in accordance with Section 3 below. c. All additional or subacquenl work performed for client, shall be subject to these General Tents and Conditions, unless otherwise expressly superseded or modified by mutual written agreement of WBC endCliem. SECTION 2. CLIENT DISCLOSURES a. It shat be the duty of the Client before and during the project to promptly notify WBC of any known or suspected hazardous substances which are or may be related to the services to be provided. Such hazardous substances shell include but not be limited to any substance which posed or may pose a present or potential hazard to human health or the environment, whether contained in product, material, by- product, waste or sample and whither it exists in a solid, liquid, semisolid or gaseous form. b. Following any disclosure as set forth In the preceding paragraph, or if any hazardous substances no discovered or reasonably suspected by WBC after Its services are undertaken, and which WBC determines in its discretion substantially change the costs and risks of the project, then WBC may, at Its discretion, discontinue its services. o. Client shall timely notify WBC of potential health hazards or nulsances which might arise out of the work by WBC and its contractors and/or subcontractors (hereinafter referred to as subcontractors), and thereafter WBC shall take necessary and reasonable measures to protect its employees against such possible health hazards or nuisances. The reasonable direct coats of inch measures shall be borne by the Client. d. The Client shag notify WBC of any other conditions, of which Client is or should reasonably be aware of, which might significantly affect the efficiency or safety of work of WBC. SECTION 3: BQdJNG AND PAYMENTS a. Unless otherwise specifically provided in the Agreement, btlhtgs will be based on the fee schedule referenced In the proposal. WBC shall submit invoicm monthly for services WEAVER BOOS CONSULTANTS, LLC General Terms and Conditions Version 2009 -A1 Page 1 of 4 performed and expanses incurred and not previously baled on any previous invoice. Payment is due upon receipt. For all amounts unpaid after thirty (30) days of the invoice date Ghat agrees to pay to WBC a finance charge of one and ore -half partial (1 IR%) per mouth, eighteen percent (18%) annually, or the legal maximum rate if it is lase. The hitting mks duoribed In this Agreement may be modified on a periodic built (typically annually). These modification will be Incorporated into long term projects, unless otheruiee addressed in the Proposal. b. The Client shaft provide WBC with a char written statement within fifteen (15) days after receipt of the Invoice of any objections to the invoice or any portion or element thereof. Failure to provide such a written statement shall constitute acceptance of the invoice as submitted. Only reasonably disputed sums may be withheld from payment. For.putpocea of this section, Client may only dispute d charge on the basis that the related services were not performed, or that they were performed in an delbctve manner falling beneath the requisite standard of taro. Further, WBC and Client agree to promptly meet, address and resolve invoice disputes. c. The Client's obligation to pay for the services performed under this Agreement is in no way contingent upon other events; including but not limited to Client's ability to obtain fimncing, zoning, approval of governmental or regulatory. ageoles, final adjudication of a lawsuit in which WBC is not involved, complain a transaction or successfully complete the project. No deduction shall be made from any Invoice on account of penalty, liquidated damages or other sums withheld f ono payment to WBC. d. If timely payments are not received, then WBC may commence collection activities. it is agreed that all expenses inclrred by WBC in obtaining liens, obtaining judgments or collecting any amounts due under the Agreement including the time of WBC employees, at foil billing rata, all associated cats, and reasonable attorney's fee shall be recoverable Rom the Client. SECTION 4: RIGHT OF ACCESS a. If services to be provided under this Agreement require the agents, employees, or subcontractors of WBC to cater onto the project site, Client dull provide timely right of access to the site to WBC, its employees, agents and subcontractors, to conduct the planned field observations and services. WBC shell take reasonable precaution to reduce damage to the site duo to its operations, but is not responsible for the cost of restoration for any damage resulting from its operations, unless otherwise provided for in the Proposal, a. If the scope of services includes performance of soil borings, or other subsurface excavations by WBC, It Is understood that the Client will furnish WBC with a diagram indicating the location and boundaries of the site, and all subsurface stuetera and utilities. WBC reserves the right to deviate a reasonable distance from the proposed boring location(a). Client recognizes that drilling equipment is large and heavy and understands the risk of site damage. At Client's request and neat, WBC will restore the site be the conditions existing prior to WBC operations if prectiable. WBC shell not be liable for damage or !"Jury to of resulting Roan damage to subtemoem structures (pipes, links, cables, wires or other utilities and subsurlhca structures, etc.) which are not Called to WBCs attention In writing and correctly shown on the diagram(s) flrmiahed orcormot(y marked at the rite. b. Unless otherwise stated, the fees in this proposal do not include costs associated with surveying of the site fbr the accurate haisoant and vertical locations of lasts. Field tests or boring locations described in our report or shown on sketches are based upon Information famished by others and/or estimates mach In the field by our representatives. Such dimensions and elevation should be considered as approximations unless otherwise stated. c. This agreement may be terminated by WBC if site conditions prevent sell botiop or other subsurface excavations by WBC i at or near the designated locations, because of either abstractions or safety considerations, and these conditions were not revealed to WBC prior to acceptance ofthis Agreement. If, in order to complete borings, m other subsurface excavation, to their designated depths, additional work Is necessitated by encountering impenetrable subsurface objects, this and all additional work will be charged for at the appropriate mice in the fee schedule. d. Any equipment lost or damaged due to site surface or subsurface conditions, and not due primarily to the negligence of WBC or its subcontractors, will be invoiced at cost plus 15 percent. a. All materials and samples will be discarded immediately after testing unless the Client advises WBC In writing to the contrary. In such case, the samples will be delivered, shipping charges collected or stored at owner's expense. b. Client shell have the sole responsibility to dispose of any hazardous substance or regulated contaminant whether the result of or a by- product of sampling or not, in accordance with applicable law. Client shall bear all costs and liabilities associated therewith. a. Client agrees to indemnify, defend and bold harmless WBC from any claims made or asserted against WBC arising out of or related to collection, storage or disposition of samples or materials alleging a failure to comply with any Federal, State or local environmental law, regulation or ordinance. SECTION 7: REPORTS AND OWNERSHIP OF DOCUMENTS a. With the exception of WBC reports to Client, all documents, Including Hold data, field notes, laboratory test data, calculations and estimates are and remain the property of WBC. Client agrees that all reports and other work furnished to the Client but not paid for in fail will be returned to WBC upon demand and will not be used for design, construction, pani licensing, or any other purpose. b. Dominants, including but not limited m, technical reports, field data, field notes, laboratory test data, calculations, and estimates famished to [be Client or its agency pursuant to this agreement are not intended or represented to be suitable for on by third parties or sense by the Client or to the extensions of the Pmjea or on any other project Any use or reuse without WBC's written oanseot will be at Client's sob risk and without liability or legal exposure to WBC or to WBC's mbcontraomt(s). Client shall indemnify and hold harmless WBC and WBC's subcontractor(s) from all claims, damages, WEAVER BOOS CONSULTANTS, LLC General Terms and Conditions Version 2019 -A1 Page 2 of 4 losses and expenses including attorneys' fear arising out of or resulting therefrom. SECTION g: INDEMNITY PROYMONS a. WBC agrees to indemnify, hold hamdem, and defend Clfeut flour end against any lots, damage, injury, claim, and liability arising from and to the extwrt caused by the negligent sets or omissions of WBC, its agents and subconmeaten, but subject to the limitations of liability mt forth in Seddon I1 of Chia Agreement. Further, Client agrees to fndemoify, hold harmless, and defend WBC against any lose, damage, injury, claim or liability not caused by or arising from the seta or omissions of WBC. b. Client hereby waives all claims fa indemnity and contribution (and related theories) for claims which no otherwise covered (a would be ordinarily covered) when made directly to WBC or its subcontractors under Workar's Compensation Insurance provided by WBC or its subcontrectors. SECTION 9: STANDARD OF CARE a. WBC represents that the services performed under this Agreement will he performed with the are and skill ordinarily exercised by reputable members of the profession practicing under similar conditions at the some time in the same or similar locality. b. Client recognizes that subsurface conditions may vary from them encountered at the locations where the borings, surveys, or explorations are made by WBC and that the data interpretations and recommendations of WBC's personnel am based solely on the information provided to WBC WBC will be responsible for those data, Interpretations, and recommendations, but shall not be responsible for the Interpretation by others of the information developed. c. NO OTHER WARRANTY, EXPRESSED OR IMPLIED, IS MADE OR INTENDED BY RENDITION OF CONSULTING SERVICES OR BY FURNISHING ORAL OR WRITTEN REPORTS OF THE FINDINGS MADE. SECTION 10: INSURANCE e. WBC represents that it and Its agents, consultants, and subcontractors employed by Its have procured Worker's Compensation insurance and that WBC has coverage under liability insurance policies which WBC deems reasonable and adequate. WBC shell fun lab certificates of insurance upon request. If the Client requests specific inclusions or limits of coverage that ram not present in WBC's Insurance, the cost of such inclusions or coverage increases, if available, shall be at the expense of the Client. SECTION 11: LIMITATIONS OF L1ABILlIX a. IT IS AGREED THAT, TO THE FULLM EXTENT PERMITTED BY LAW, CLIENT WILL LIMIT WBC's TOTAL AGGREGATE LIABILITY TO CLIENT TO $1,000,000, OR THE LIMITS OF AVAILABLE INSURANCE, WHICHEVER IS LESS, FOR ANY AND AIL INJURIES, CLAIMS, LOSSHS EXPENSES OR CLAIM EXPENSES (INCLUDING ATTORNEY'S AND EXPERT WITNESS FEES) ARISING OUT OF THIS AGRHBMEM' OR THE SERVICES TO BE PERFORMED PURSUANT 70 THIS AGREEMENT FROM ANY CAUSE OR CAUSES. SUCH CAUSES INCLUDE, BUT ARE NOT LIMITED T0, WBC'S NE(LIOENCII, ERRORS, OMISSIONS, STRICT LIABILITY, BREACH OF CONTRACT, STATUTORY LIABILITY, BREACH OF WARRANTY, NEGLIGENT MISREPRESENTATIONS, ENVIRONMENTAL LIABILITY OR OTHER ACTS GIVING RISE TO LIABILITY BASED UPON CONTRACT, TORT OR STATUTE. IT IS EXPRESSLY AGREED THAT THE REMEDY STATED HEREIN 18 THE CLIENT'S EXCLUSIVE AND SOLE REMEDY FM ANY DAMAOB(S) ARISING OUT OF THIS AGREEMENT OR SERVICES TO BE PERFORMED PURSUANT TO THIS AGREEMENT. h. WBC will increase our limitation of liability up to The limits of our available insurance coverage or otherwise to $100,000, whichever is greater, upon client's written request, and for the additions) consideration of $500. Said request and payment must be received within 14 days of the date of execution of the Proposal and be before any claim arises. c. The Client further agrees to notify any contractors or subcontractors who may perform work in connection with any design, report or study prepared by WBC of such limitation of liability for breach of contract, &mare, omissions or negligence and require as a condition precedent to their performing their work a like limitation of liability on theirpart as against WBC. d. The Client and WBC agree that neither will be liable to the other for consequential damages incurred due to the fault of the other. Said damages include, but are not limited to, loss of use and lost profits. e. With the exception of actions pertaining to materialmen or mechanic's liens, and if lawful, causes of action between the parties to this Agreement pertaining to acts or failures to act shall be deemed to have accrued and the applicable statutes of limitations shall commence to run on the date the alleged act or failure to rat occurred. E Not withstanding the above, all claims, whether based upon contract, tort, breach of warranty, professional negligence (including suture, omissions or other professional acts), or otherwise, shall be deemed waived unless made by the Client in writing and received by WBC within one (1) year after Client reasonably knew or should have known of its existence, but in no event, shall such claim be asserted by Client later than two (2) years after WDCs completion of services with respect to which the claim is made. a. Claims, disputes or other matters in question between the parties to this Agreement arising out of or relating to this Agreement or the breach thereof shall be subject to and decided by arbitration in accordance with the Construction Industry Arbitration into of the American Arbitration Association currently in effect, such arbitration to be held in Chicago, Illinois, unless the parties mutually agree otherwise. b. Demand for arbitration shall be filed in writing with the other party to this Agreement and with the American Arbitration Association. A demmd for arbitration shall be made within a reasonable time altar the claim, dispute or other matter in question has arisen. In no event shall the demand for arbitration be made after the date when institution of legal or equitable prooseding based on such claim, dispute or other matter in queghm would be barred by applicable statutes of limitations subject to Section 10(e) above. WEAVER BOOS CONSULTANTS, LLC General Terms and Conditions Version 20WAI Page 3 of 4 c. No arbitration &rising out of our relating to this Agreement shall include, by consolidation, joined or in any other mraunar, an additional permit or entity not a party to this Agreement except by written commit orWBC, Client and any other person or entity sough to be johted. d. The award tendered by the arbitrator shall be Intel, and judgment may be entered upon it in accordance with applicable law in any court having jurisdiction thereof. a. This Agreement may be terminated by either party upon at least seven M days written notice In the event of substantial failure by the other party to perform in accordance with the terms homof through no fault of the terminating party. Such termination shall not be effective if the substantial failure has been remedied before expiration of the period specified in written notice. b. WBC may terminate this Agreement if the Client appends WBC's services for mine than sixty (60) consecutive days through no fault of WBC's. c. This Agreement may be terminated without cause by either party upon at least sixty (60) drys' written notice. d. If this Agreement is terminated, WBC shall be paid for services perfumed prior to the termination date set forth in the notice plus termination expenses. Termination expenses shah include coals attributable to personnel and equipment rescheduling and re- assignment and all other costs incurred directly attributable to termination. SECTION 14: MISCELLANEOUS a. In the event that any provision (or portion thereof) herein shall be deemed invalid or unenforceable, the other provisions hereto shall remain in toll force and effect, and binding upon the parties hereto. In such event, the provisions found to be invalid shall be deemed to be reformed so that the intent of such provision will be enforced to the maximum extent permitted by applicable law. b. The heading or title of a section is provided for convenience and information and shall not arm to alter or affect the provisions included herein. e. All obligations arising prior to the termination of this Agreement and all provisions of this Agreement allocming responsibility or liability between the Client and WBC shall survive the completion of services and the termination of the Agreement. d. Unless otherwise provided, the substantial law of the State of Indiana will govern the validity of ibis agreement, its Interpretation and perfomance, and remedies for contract breach or any other claims related to this agreement. e. WBC shall apply professional judgment in determining the extent to which WBC shall comply with any given standard identified in WBC's documents. Unless otherwise indicated, such compliance, referred to as "General Compliance" specifically excludes consideration of any standard listed as a reference in the tact of those standards cited by WBC. E Unless specifically stated in WBC's Proposal, it Is nnderseid the coats for implamelation of the work are based on privately owned projects utilising merit (non-union) wages and employees. Government funded or publicly owned projects that require prevailing wages will have specific Poe Idemtiffed WEAVER BOOS CONSULTANTS, LLC General Terms and Conditions Version 2009 -AL Page 4 of 4 in the Proposal. Any Job notion, strike, or other requirement to use union represented employees will require renegotiation of the cats tbrperlbsmlng the work. S. In the event that WBC borrows or uses equipment or maohinery, Including but not limited to stationary, mobile and non -mad mobile equipment, gum the Client, it is agreed that Ore equipment is being rented Ibr the arm of $1.00 and other consideration unless a specific, rental agreement is executed by the pertia. b. This Agreement may be assigned by WBC to an affiliate company, In whole or Ia pert WBC may also retain persona or entities not in WBC's employ without Client's prior specific consent when such retention is appropriate and customary, including, but not neoeesatily being limited to, surveyors, drilling subcontractors, testing laboratories, mmediation contractors, and specialized consultants. Client shall not assign Its duties and obligations hereunder without the prior written consent of WBC.